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HomeMy WebLinkAboutPacific Electric Railroad - 2014-10-06 a LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND HARRY BESSA AND DEANA CIRILLO FOR USE OF A PORTION OF THE FORMER•PACIFIC ELECTRIC RAILROAD RIGHT-OF-WAY This agreement is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and HARRY BESSA and DEANA CIRILLO, hereinafter referred to as "LICENSEE." WHEREAS, LICENSEE has applied to CITY for permission to use the public right of way adjoining LICENSEE'S property at 909 Alabama Street, Huntington Beach, California 92648; and CITY desires to allow such use. NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. PERMISSION. Permission is hereby given to LICENSEE to enter upon and use the area of public right of way as depicted in the map attached hereto as Exhibit "A," and incorporated by this reference as though fully set forth herein. Such area shall hereinafter be referred to as the "Premises." 2. TERM: FEES AND CHARGES. The term of this License is five (5) years. Either party may cancel this License upon 30 days written notice to the other party. Upon approval of this License by CITY, and annually thereafter during the term of this License, LICENSEE agrees to pay to CITY an annual License Fee in the amount of Two Hundred Fifty Dollars ($250.00) per year. The License Fee shall increase annually by 3% on the anniversary of the Agreement. Failure to timely pay the License Fee set forth above may result in termination of this Agreement, or the assessment of late fees, charges and interest pursuant to Huntington Beach Municipal Code Chapter 3.48 entitled"Late Charges," or both. 3. INDEMNIFICATION DEFENSE HOLD HARMLESS. LICENSEE hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to LICENSEE'S employees and damage to LICENSEE'S property, arising directly or indirectly out of the grant of License herein contained, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. LICENSEE will conduct all defense at its sole cost and expense. 4. INSURANCE. LICENSEE shall carry at all times incident hereto, on all activities to be performed on or in the Premises as contemplated herein, general liability insurance, including coverage for bodily injury, and property damage. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY. Said insurance shall name 13-4003.001/140292/DO 1 APN# 025-056-16 the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than Three Hundred Thousand Dollars ($300,000) combined single limit coverage. 5. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT. Prior to the use of the Premises pursuant to this license, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty (30) days prior written notice to CITY. LICENSEE shall maintain the foregoing insurance coverages in force until this Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of LICENSEE'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to the use of the Premises pursuant to this License. 6. RELEASE. LICENSEE hereby releases and forever discharges CITY of and from any and all claims, demands, actions or causes of action whatsoever which LICENSEE may have, or may hereafter have, against the CITY specifically arising out of the matter of the entry of LICENSEE onto the Premises. This is a complete and final release and shall be binding upon LICENSEE and the heirs, executors, administrators, successors and assigns of LICENSEE'S use of the Premises. LICENSEE hereby expressly waives any rights under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any payment made hereunder shall constitute any admission of any liability of CITY. 7. WASTE. LICENSEE shall not alter, damage or commit any kind of waste upon the Premises or any improvement, equipment or personal property thereon and shall not interfere in any manner with the operations or activities of CITY. LICENSEE shall make no change in the physical appearance of the Premises or the use thereof without prior written consent of CITY'S Director of Public Works. LICENSEE shall not cause any workmen's or materialmen's liens to be placed upon the Premises and agrees to indemnify and hold CITY harmless against any such liens. 8. MAINTENANCE; PROHIBITED ITEMS. LICENSEE agrees to care for and maintain the Premises at its sole cost and expense in good and satisfactory condition as acceptable to the City. Maintenance shall include regular cleaning of the Premises including but not limited to removal of all rubbish, food stuffs, paper, bottles, cans, gum, cigarettes, animal litter, dirt and sand. 13-4003.001/140292/DO 2 In the event LICENSEE does not maintain the Premises in a satisfactory manner, LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S behalf. All costs incurred performing said maintenance shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within ten(10) days of billing. In the event any damage is caused to the Premises as a result of the License authorized hereunder, LICENSEE agrees to repair same at its own expense. LICENSEE agrees not to plant trees, or place permanent structures, including above ground swimming pools, in or on the Premises. LICENSEE will not construct concrete foundations, slabs, or extensions of residences. Permanent electrical, plumbing or irrigation fixtures are not allowed; however, landscape irrigation lines and sprinklers may be installed with the prior consent of CITY's Director of Public Works. The parking of vehicles, boats, trailers, Recreational Vehicles including pop up trailers or fifth wheels, is not allowed. Fencing not to exceed forty-two inches (42") in height may be installed in accordance with the City of Huntington Beach Building Code and the prior written consent of CITY'S Director of Public Works. Under no circumstances shall any fence exceed forty-two (42) inches. Upon any termination of this Agreement, LICENSEE shall restore the Premises to its satisfactory condition as required by CITY'S Director of Public Works. LICENSEE authorizes LICENSOR to perform such restoration on LICENSEE's behalf. All costs incurred performing said restoration shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within thirty (30) days of billing. 9. HAZARDOUS MATERIALS. CITY is unaware of, and has not received any notice or communication from any government agency having jurisdiction over the Premises, notifying CITY of the presence of surface or subsurface zone hazardous materials, waste, or contamination in, on, or under the Premises or any portion thereof. LICENSEE shall not allow the storage of any hazardous materials or waste on the Premises at any time, nor shall LICENSEE permit the contamination of the Premises, surface or subsurface, by such hazardous materials, waste or substances at any time. LICENSEE agrees to and shall indemnify, defend, and hold CITY and its officers, agents and employees, and its successors of interest harmless from and against all expenses, losses, or liabilities suffered by LICENSEE by reason of any damage, governmental action or third party claims arising out of the placement of such hazardous materials waste or substances on the surface or subsurface area of the Premises by LICENSEE, or the contamination, exacerbation, movement, or release, of any such hazardous material, substance or waste on the surface or subsurface area of the Premises by LICENSEE. LICENSEE shall keep any equipment used or brought onto the Premises under its absolute and complete control at all times and said equipment shall be used on the Premises at the sole risk of LICENSEE. 10. COMPLIANCE WITH LAW. LICENSEE shall at LICENSEE'S own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal, relating to LICENSEE'S use and 13-4003.001/140292/DO 3 occupancy of said Premises whether such statutes, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by LICENSEE in a proceeding brought against LICENSEE by any government entity, that LICENSEE has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between CITY and LICENSEE and shall be ground for termination of this License by CITY. 11. NO ASSIGNMENT. LICENSEE agrees that the permission herein extended shall be personal to it and that it shall not assign or permit any third party to avail itself of any of the privileges granted hereunder, without the express written permission of CITY. 12. NO TITLE INTEREST. CITY grants to LICENSEE a License to use the public right of way adjoining LICENSEE's property as described herein and the License granted is conditional on LICENSEE using the public right of way as agreed upon. The right and permission of LICENSEE is subordinate to the prior and paramount right of CITY to use the Premises for public purposes. LICENSEE hereby acknowledges title to the Premises is vested in CITY and agrees never to assail or resist the same. 13. NOTICES. All notices given hereunder shall be effective when personally delivered or if mailed, within 48 hours of the deposit of such notice in the U.S. Mail, postage prepaid, and certified with return receipt requested and addressed to LICENSEE or to CITY at the respective addresses shown below: CITY: LICENSEE: Director of Public Works Harry Bessa.and Deana Cirillo City of Huntington Beach 909 Alabama Street 2000 Main Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 14. NO DISCRIMINATION. LICENSEE agrees that in performance of this Agreement and in the use of the Premises authorized hereunder, it will not engage in, nor permit its officers, agents or employees to engage in, any discrimination or discriminatory practices against any person based on race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition, marital status or gender. 15. ATTORNEY'S FEES. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing parry shall not be entitled to recover its attorney's fees. This License shall be governed by and construed pursuant to the laws of the state of California. 16. ENTIRETY. This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed upon by the parties. 134003.001/140292/DO 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on J e P 1`c rn 20 i G.. LICENSEE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Z4�� California Harry Bessa G Public Works Dir ctor be "�a Cirillo APPROVED AS TO C' Attorney ?loku. REVIE D APPROVED: Ci anager 134003.001/140292/DO 5 �� � t• M1l� i'�y. ul ' a y u + 1! r e 9 DECLARATIONS Coverage afforded by this policy is We will provide the 1provided by: insurance described in this policy in return for the premium ISTATE FARM GENERAL INSURANCE COMPANY and compliance with all applicable I900 OLD RIVER ROAD provisions of this policy. IBAKERSFIELD CA 93311-9501 ---------------------------------------- I 75-B9-D208-6 Policy Number IA Stock Company with Home Offices in ---------------------------------------- (Bloomington, Illinois. Named Insured and Mailing Address BESSA, HARRY & CIRILLO, DEANA ------------------------------- 909 ALABAMA ST APPROVED AS TO FORM HUNTINGTN BCH, CA 92648-3511 � By: MICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH ----------------------------------------------------------- ---- ---------------- The Policy Period begins and" ends at JAutomatic Renewal - If the Policy 12 : 01 a.m. Standard Time at the residence JPeriod is shown as 12 months, this premises. 1policy will be renewed auto- matically subject. to the premiums, 10/24/2015 Effective Date Irules and forms in effect each 12months-Policy Period Isucceeding policy period. If this 10/24/2016 Expiration of Policy Period 1policy is terminated, we will give ------------------------------------------- (you and the Mortgagee/Lienholder Limit of Liability - Section 1 (written notice in compliance with $ 318, 300 Dwelling (Coverage A) Ithe policy provisions or as required by law. I --------------------------------- -- IDeductibles - Section 1 0 . 5%/$1591 Policy Type TALL LOSSES In case of loss under Homeowners Policy Ithis policy, the deductible will be Dwell Repl Cost - Similar Construction ( applied per occurrence and will be Increase Dwlg Up to $63 , 660 - Option ID Ideducted from the amount of the ------------------------------------------- Iloss. Other deductibles may apply Location of Premises I - refer to your policy. 909 ALABAMA ST I HUNTINGTN BCH, CA 92648-3511 I 1 ----------------------------- - IPolicy Premium $711. 00 --------------------------------- ---------------------------------------------- Forms, Options, & Endorsements FP-7955 .CA HOMEOWNERS POL LSP Al SMLR CONST-A LSP Bl LMT RPLC COST-B OPT ID COV A-INCR DWLG OPT OL BLD ORD/LAW-10% FE-7468 . 4 PERSONL INJURY FE-1313 LNDR LOSS PAY FE-3422 HO-W POL END FE-3247 AMENDATORY END ------------------------------------------------------------------------------- Additional Insured Agent Name & Address CITY OF HUNTINGTON BEACH I PAMELA J. BURKET 2000 MAIN ST LIC.# 0757992 HUNTINGTN BCH, CA 92648-2763 fax 714-373-5139 agentCpamburket .com 16691 Gothard St Suite E HUNTINGTON BEACH, CA Loan Number: 92647 (714) 373-2442 ------------ ------------------------------------------------------------------- Prepared: August 15, 2016 8800 Agent ' s Code 559-916 . 5 MORTGAGEE COPY LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND LORI FISSER FOR USE OF A PORTION OF THE FORMER PACIFIC ELECTRIC RAILROAD RIGHT-OF-WAY This agreement is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and LORI FISSER, hereinafter referred to as "LICENSEE." WHEREAS, LICENSEE has applied to CITY for permission to use the public right of way adjoining LICENSEE'S property at 919 Alabama Street, Huntington Beach, California 92648; and CITY desires to allow such use. NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: l. PERMISSION. Permission is hereby given to LICENSEE to enter upon and use the area of public right of way as depicted in the map attached hereto as Exhibit "A," and incorporated by this reference as though fully set forth herein. Such area shall hereinafter be referred to as the"Premises." 2. TERM; FEES AND CHARGES. The term of this License is five (5) years. Either party may cancel this License upon 30 days written notice to the other party. Upon approval of this License by CITY, and annually thereafter during the term of this License, LICENSEE agrees to pay to CITY an annual License Fee in the amount of Two Hundred Fifty Dollars ($250.00)per year. The License Fee shall increase annually by 3% on the anniversary of the Agreement. Failure to timely pay the License Fee set forth above may result in termination of this Agreement, or the assessment of late fees, charges and interest pursuant to Huntington Beach Municipal Code Chapter 3.48 entitled "Late Charges," or both. 3. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. LICENSEE hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to LICENSEE'S employees and damage to LICENSEE'S property, arising directly or indirectly out of the grant of License herein contained, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. LICENSEE will conduct all defense at its sole cost and expense. 13-4003,001/140331/DO 1 APN# 025-056-19 4. INSURANCE. LICENSEE shall carry at all times incident hereto, on all activities to be performed on or in the Premises as contemplated herein, general liability insurance, including coverage for bodily injury, and property damage. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than Three Hundred Thousand Dollars ($300,000) combined single limit coverage. 5. CERTIFICATES OF INSURANCE,• ADDITIONAL INSURED ENDORSEMENT. Prior to the use of the Premises pursuant to this license, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty(30) days prior written notice to CITY. LICENSEE shall maintain the foregoing insurance coverages in force until this Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of LICENSEE'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to the use of the Premises pursuant to this License. 6. RELEASE. LICENSEE hereby releases and forever discharges CITY of and from any and all claims, demands, actions or causes of action whatsoever which LICENSEE may have, or may hereafter have, against the CITY specifically arising out of the matter of the entry of LICENSEE onto the Premises. This is a complete and final release and shall be binding upon LICENSEE and the heirs, executors, administrators, successors and assigns of LICENSEE'S use of the Premises. LICENSEE hereby expressly waives any rights under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any payment made hereunder shall constitute any admission of any liability of CITY. 7. WASTE. LICENSEE shall not alter, damage or commit any kind of waste upon the Premises or any improvement, equipment or personal property thereon and shall not interfere in any manner with the operations or activities of CITY. LICENSEE shall make no change in the physical appearance of the Premises or the use thereof without prior written consent of CITY'S Director of Public Works. LICENSEE shall not cause 13-4003.001/140331/DO 2 any workmen's or materialmen's liens to be placed upon the Premises and agrees to indemnify and hold CITY harmless against any such liens. 8. MAINTENANCE, PROHIBITED ITEMS. LICENSEE agrees to care for and maintain the Premises at its sole cost and expense in good and satisfactory condition as acceptable to the City. Maintenance shall include regular cleaning of the Premises including but not limited to removal of all rubbish, food stuffs, paper, bottles, cans, gum, cigarettes, animal litter, dirt and sand. In the event LICENSEE does not maintain the Premises in a satisfactory manner, LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S behalf. All costs incurred performing said maintenance shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within ten (10) days of billing. In the event any damage is caused to the Premises as a result of the License authorized hereunder, LICENSEE agrees to repair same at its own expense. LICENSEE agrees not to plant trees, or place permanent structures, including above ground swimming pools, in or on the Premises. LICENSEE will not construct concrete foundations, slabs, or extensions of residences. Permanent electrical, plumbing or irrigation fixtures are not allowed; however, landscape irrigation lines and sprinklers may be installed with the prior consent of CITY's Director of Public Works. The parking of vehicles, boats, trailers,Recreational Vehicles including pop up trailers or fifth wheels, is not allowed. Fencing not to exceed forty-two inches(42") in height may be installed in accordance with the City of Huntington Beach Building Code and the prior written consent of CITY'S Director of Public Works. Under no circumstances shall any fence exceed forty-two (42) inches. Upon any termination of this Agreement, LICENSEE shall restore the Premises to its satisfactory condition as required by CITY'S Director of Public Works. LICENSEE authorizes LICENSOR to perform such restoration on LICENSEE's behalf. All costs incurred performing said restoration shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within thirty (30) days of billing. 9. HAZARDOUS MATERIALS. CITY is unaware of, and has not received any notice or communication from any government agency having jurisdiction over the Premises, notifying CITY of the presence of surface or subsurface zone hazardous materials, waste, or contamination in, on, or under the Premises or any portion thereof. LICENSEE shall not allow the storage of any hazardous materials or waste on the Premises at any time, nor shall LICENSEE permit the contamination of the Premises, surface or subsurface, by such hazardous materials, waste or substances at any time. LICENSEE agrees to and shall indemnify, defend, and hold CITY and its officers, agents and employees, and its successors of interest harmless from and against all expenses, losses, or liabilities suffered by LICENSEE by reason of any damage, governmental action or third party claims arising out of the placement of such hazardous materials waste or substances on the surface or subsurface area of the Premises by 13-4003.001/14033 1/DO 3 LICENSEE, or the contamination, exacerbation, movement, or release, of any such hazardous material, substance or waste on the surface or subsurface area of the Premises by LICENSEE. LICENSEE shall keep any equipment used or brought onto the Premises under its absolute and complete control at all times and said equipment shall be used on the Premises at the sole risk of LICENSEE. 10. COMPLIANCE WITH LAW. LICENSEE shall at LICENSEE'S own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal, relating to LICENSEE'S use and occupancy of said Premises whether such statutes, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by LICENSEE in a proceeding brought against LICENSEE by any government entity,that LICENSEE has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between CITY and LICENSEE and shall be ground for termination of this License by CITY. 11. NO ASSIGNMENT. LICENSEE agrees that the permission herein extended shall be personal to it and that it shall not assign or permit any third party to avail itself of any of the privileges granted hereunder, without the express written permission of CITY. 12. NO TITLE INTEREST. CITY grants to LICENSEE a License to use the public right of way adjoining LICENSEE's property as described herein and the License granted is conditional on LICENSEE using the public right of way as agreed upon. The right and permission of LICENSEE is subordinate to the prior and paramount right of CITY to use the Premises for public purposes. LICENSEE hereby acknowledges title to the Premises is vested in CITY and agrees never to assail or resist the same. 13. NOTICES. All notices given hereunder shall be effective when personally delivered or if mailed, within 48 hours of the deposit of such notice in the U.S. Mail, postage prepaid, and certified with return receipt requested and addressed to LICENSEE or to CITY at the respective addresses shown below: CITY: LICENSEE: Director of Public Works Lori Fisser City of Huntington Beach 526 12th Street 2000 Main Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 14. NO DISCRIMINATION. LICENSEE agrees that in performance of this Agreement and in the use of the Premises authorized hereunder, it will not engage in, nor permit its officers, agents or employees to engage in, any discrimination or 13-4003.001/140331/DO 4 discriminatory practices against any person based on race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition, marital status or gender. 15. ATTORNEY'S FEES. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees. This License shall be governed by and construed pursuant to the laws of the state of California. 16. ENTIRETY. This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on -76- LICENN$EE CITY OF HUNTINGTON BEACH, a -~ municipal corporation of the State of California L i ser Public Works Dir ctor APPROVED AS ity Attorney paw REVI APPROVED: C' Manager 13-4003.001/140331/DO 5 Yam. `A . 1 � w , e T ��� • • FISSER1 OP ID:S1 ACORO' DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 08/18/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ACT NAME: Beth Billstein,CIC,CWCS Johnson&Wood Ins Serv,A Div PHONE FAX of Hub Int'I Ins Sery Inc A/c No E,n:760-603-0131 A/c No): 760-603-8135 5731 Palmer Way,Suite D ADDRESS: Carlsbad,CA 92010 Beth Billstein,CIC,CWCS INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:ARCH Insurance Company 21199 INSURED Lori Fisser and Norma Nomura INSURER B: DeSaegher 526 12th Street INSURER C: Huntington Beach,CA 92648 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL SUER POLICY NUMBER POLICY EFF MM DDNYYY LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X NTPKG0146401 02111/2016 02/11/2017 PREMISES Ea occurrence $ 10,00 CLAIMS-MADE OCCUR MED EXP(Any one person) $ 5,00 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 3,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: APPROVED AS TO FORM PRODUCTS-COMP/OP AGG $ 3,000,00 POLICY PRO X LOC n $ AUTOMOBILE LIABILITY B�/; ZO�� Ea BIKED SINGLE LIMIT $ ANY AUTO MICHAEL F GATES BODILY INJURY(Per person) $ ALLOWNED SCHEDULED CITY ATTORN BODILY INJURY(Per accident) $ AUTOs AUTOS kiF HUNTINCsT BEACH NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS P AUTOS PER ACCIDENT UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Property Section NTPKGO146401 02/11/2016 02/11/2017 Building 378,00 Ded 50 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,It more space is required) RE: 919 Alabama Street, Huntington Beach, CA 92648 City of Huntington Beach, its officers and employees is named as Additional Insured (endorsement to be issued by carrier) CERTIFICATE HOLDER CANCELLATION CITYHB1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648-2702 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Dept. ID ED 16-20 Page 1 of 3 Meeting Date: 7/18/2016 CITY OF HUNTINGTON BEACH { REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 7/18/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kenneth A. Domer, Assistant City Manager Kellee Fritzal, Deputy Director, Business Development SUBJECT: Approve and authorize execution of License Agreement for use of a portion of the former Pacific Electric Railroad Right-Of-Way for eleven (11) adjoining Property Owners located on the west side of Alabama Street between Joliet and Indianapolis Avenues Statement of Issue: The City Council is asked to approve a standard License Agreement for eleven (11) property owners for use of a portion of the former Pacific Electric Railroad Right-of-Way as a pilot project. The license area will be used for ingress, egress, and general yard use for the adjoining property owners located on the west side of Alabama Street between Joliet and Indianapolis Avenues. A 10 foot public walkway and maintenance access way will be reserved and maintained along the rear of license area. Financial Impact: If approved, this action could generate up to $4,000 annually and $20,000 to the General Fund over the five-year License Agreement term. Recommended Action: Approve and authorize the Director of Public Works to execute up to eleven (11) License Agreements with adjoining property owners for the use of a portion of the former Pacific Electric Railroad Right-Of-Way located on the west side of Alabama Street between Joliet and Indianapolis Avenues. Alternative Action(s): Do not approve and direct staff as necessary. Analysis: In 1987, the Huntington Beach Company gifted the former Pacific Electric Railway Right-of-Way (ROW) to the City. Under prior direction from the Economic Development Committee (EDC), staff surveyed potential interest in the ROW from eleven (11) adjacent property owners near the intersection of Alabama Street and Indianapolis Avenue. Eight of the eleven property owners expressed interest in using the ROW adjacent to their property. After considering use options for the ROW, the EDC agreed to the development of a pilot program that would allow use of the ROW to the adjacent property owners through a City License Agreement. Although the City would retain ownership of the property, the License Agreement would allow participating property owners to use the ROW as an extension of their back yards. Any prior use of HB -297- Item 16. - 1 Dept. ID ED 16-20 Page 2 of 3 Meeting Date:7/18/2016 the ROW occurred without insurance. However, it is critical for the City to obtain the proper liability insurance for use of the premises under the License Agreement. The License Agreement also requires property owners to maintain the premises and prohibits tree planting and construction of permanent structures such as concrete foundations, slabs and above ground pools. Additionally, parking would not be permitted within the ROW for vehicles, boats, and trailers. In October 2014, staff brought this item before City Council for consideration and approval. However, various owners requested additional time to review the proposed License Agreement prior to final consideration. The City Council directed staff to continue the item and grant stakeholders additional time to review and ensure their understanding of the License Agreement prior to bringing this item back for City Council consideration. In November 2014, staff held a follow-up meeting with adjacent property owners to review and gather additional input regarding the License Agreement. Staff then presented owner input to the Economic Development Committee, which resulted in amending the License Agreement to allow irrigation within the ROW with the prior review and approval of Public Works. Fencing may not exceed 42 inches in height. In November 2015, staff brought this item back for City Council Consideration with revisions to the License Agreement to allow installation of irrigation and sprinklers. After additional discussion about the proposed fee structure, the City Council directed staff to breakdown the proposed fees and bring the item back for consideration. Staff reviewed and determined that the initial License Agreement Fee was developed in 2012 from a Baltimore Street Appraisal, which resulted in an initial 2014 annual License Fee of $1,120 for the larger lots (1,400 sq. ft.) and $560 for the smaller lots (700 sq. ft.). However, the EDC later directed staff to review the annual License Fee, which resulted in an adjusted annual License Fee of $700 for the larger lots and $500 for the smaller lots. After reviewing recent 2014/2015 surplus land sales for remnant City-owned property, staff determined that land values for such properties were lower than the initial Baltimore Street Appraisal, resulting in a $500 annual License Fee for the larger lots and $250 for the smaller lots. Therefore, staff used these recent figures to adjust and update the annual License Fee being proposed as shown in following table: Summary Table of License Fees Land Area Description Date of Total Lot Land Sale Total Value Annual Value Area (S.F.) Price / (S.F.) License Fee Est.' ORIGINAL - License Fee (Initially Developed - 2012) Baltimore ROW Appraisal 4/14/2010 5,623 $ 8.00 $ 45,000 Lake Street ROW 5/24/2012 1,400 $ 8.00 $ 11,204 $ 1,120 Lake Street ROW 5/24/2012 700 $ 8.00 $ 5,602 $ 560 REVISED - License Fee (After EDC Review - 2014) Lake Street ROW 8/13/2014 1,400 $ 5.00 $ 7,000 $ 700 Lake Street ROW 8/13/2014 700 $ 7.14 $ 5,000 $ 500 Item 16. - 2 HB -298- Dept. ID ED 16-20 Page 3 of 3 Meeting Date: 7/18/2016 PROPOSED - License Fee (Average Land Values: 2014-15) Land Value Average (2014-15) $ 3.62 Lake Street ROW 7/1/2016 1,400 $ 3.62 $ 5,066 $ 500 Lake Street ROW 7/1/2016 700 $ 3.62 $ 2,533 $ 250 Notes: ' License Fees are based upon 10% of Total Land Value The City Attorney's Office also clarified in the License Agreement that future users have no ownership or title interest in the public right-of-way by issuance of such License Agreement. All other elements of the License Agreement have remained unchanged. The vicinity map, amended License Agreement, and revised fee schedule are attached for reference. Environmental Status: Not Applicable Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. November 16, 2015 RCA 2. Vicinity Map 3. License Agreement 4. Revised Fee Schedule I HB -299- Item 16. - 3 ATTACHMENT # 1 Dept ID ED 15-28 Page 1 of 2 Meeting Date 11/16/2015 ( 4.y D. . CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/16/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Kellee Fritzal, Deputy Director, Business Development SUBJECT: Approve and authorize execution of License Agreement for use of a portion of the former Pacific Electric Railroad Right-Of-Way for Eleven (11) Adjoining Property Owners Statement of Issue The City Council is asked to approve a standard License Agreement for eleven (11) property owners for use of a portion of the former Pacific Electric Railroad Right-of-Way as a pilot project The license area will be used for ingress, egress, and general yard use for the adjoining property owners located on the west side of Alabama Street between Joliet and Indianapolis Avenues A public walkway and maintenance road will be maintained Financial Impact If approved, this action could generate up to $6,500 annually and $32,500 to the General Fund over the five-year License Agreement term Recommended Action Approve and authorize the Director of Public Works to execute up to eleven (11) License Agreements with adjoining property owners for the use of a portion of the former Pacific Electric Railroad Right-Of-Way located on the west side of Alabama Street between Joliet and Indianapolis Avenues Alternative Action(s) Do not approve and direct staff as necessary Analysis In 1987, the Huntington Beach Company gifted the former Pacific Electric Railway Right-of-Way (ROW) to the City Under prior direction from the Economic Development Committee (EDC), staff surveyed potential interest in the ROW from eleven (11) adjacent property owners near the intersection of Alabama Street and Indianapolis Avenue Eight of the eleven property owners expressed interest in using the ROW adjacent to their property After considering use options for the ROW, the EDC agreed to the development of a pilot program that would allow use of the ROW to the adjacent property owners through a City License Agreement Item 16. - 4 H B 00- Item 12. - I Dept ID ED 15-28 Page 2 of 2 Meeting Date 11/16/2015 Although the City would retain ownership of the property, the License Agreement would allow participating property owners to use the ROW as an extension of their back yards The License Agreement requires property owners to maintain the premises and prohibits tree planting and construction of permanent structures such as concrete foundations, slabs and above ground pools Additionally, parking would not be permitted within the ROW for vehicles, boats, and trailers On October 6, 2014, staff brought this item before City Council for consideration and approval However, various owners requested additional time to review the proposed License Agreement prior to final consideration The City Council directed staff to continue the item and grant stakeholders additional time to review and ensure their understanding of the License Agreement prior to bringing this item back for City Council consideration On November 13, 2014, staff held a follow-up meeting with adjacent property owners to review and gather additional input regarding the License Agreement Staff then presented owner input to the Economic Development Committee, which resulted in amending the License Agreement to allow irrigation within the ROW with the prior review and approval of Public Works All other elements of the License Agreement have remained unchanged The vicinity map and amended License Agreement (with fee schedule) are attached for reference Environmental Status Not Applicable Strategic Plan Goal Enhance and maintain infrastructure Attachments) 1 October 6, 2014 RCA 2 Vicinity Map 3 License Agreement Item 12. - 2 H B 01- Item 16. - 5 AWHOMTTACF6 E NT 1 Item 16. - 6 iiB . .ii. C/d Dept ID ED 14-32 Page 1 of 2 Meeting Date 10/6/2014 u 7- CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 10/6/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Kellee Fritzal, Deputy Director, Economic Development SUBJECT: Approve and authorize execution of License Agreement for use of a portion of the former Pacific Electric Railroad Right-of-Way for Eleven (11) Adjoining Property Owners Statement of Issue The City Council is asked to approve a standard License Agreement for eleven (11) property owners for the licensed use of a portion of the former Pacific Electric Railroad Right-of-Way as a pilot project The license area will be used for ingress, egress, and general use as a yard area for the adjoining property owners located on the west side of Alabama Street between Joliet and Indianapolis Avenues A public walkway and maintenance road will be maintained Financial Impact If approved, this action will generate up to $6,500 annually and $32,500 over the License Agreement to the City Recommended Action Approve and authorize the Director of Public Works to execute eleven (11) License Agreements with adjoining property owners for the use of a portion of the former Pacific Electric Railroad Right- Of-Way located on the west side of Alabama Street between Joliet and Indianapolis Avenues Alternative Action(s) Do not approve and direct staff as necessary Analysis In 1987, the Huntington Beach Company gifted the former Pacific Electric Railway Right-of-Way (PE-ROW) to the City Under prior direction from the Economic Development Committee (EDC), staff surveyed potential PE-ROW interest from eleven (11) adjacent property owners living by the Southern Cal fornia Edison electrical substation (near intersection of Alabama Street and Indianapolis Avenue) Eight (8) of eleven (11) property owners expressed interest in using the strip of PE-ROW located adjacent to their property After considering options for using the PE-ROW, the EDC agreed upon a pilot program through a City License Agreement that would allow the City to retain control of the property Through a License Agreement, each participating property owner would be permitted use of the adjacent PE-ROW as general yard area adjoining their respective properties The License Agreement requires property owners to maintain the premises and prohibits tree planting or construction of permanent structures such as concrete foundations, slabs, and above ground pools Additionally, parking is not allowed within the PE-ROW for vehicles, boats, and trailers The vicinity map, License Agreement and fee schedule (Exhibit B) are attached HB -303- ;_ Item 16. - 71 Dept ID ED 14-32 Page 2 of 2 Meeting Date 10/6/2014 Environmental Status Not Applicable Strategic Plan Goal Improve the City's Infrastructure Attachments) 1 Vicinity Map 2 License Agreement including Fee Schedule (Exhibit B) Item 16. - 8. HB -304- Vicinity p a F\ sjjl .: M P � a�➢ 3 a F: Eliclrih xB —3os- µ Item 16. - 9 3 I � LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR USE OF A PORTION OF THE FORMER PACIFIC ELECTRIC RAILROAD RIGHT-OF-WAY This agreement is made and entered into by and between the CITY OF HUNTINGTON BEACH; a California municipal corporation,hereinafter referred to as "CITY." and ,hereinafter referred to as "LICENSEE." WHEREAS,LICENSEE has applied to CITY for permission to use the public right of way adjoining LICENSEE'S property; and CITY desires to allow such use, NOW,THEREFORE, inconsideration of the promises and agreements hereinafter made and exchanged,the parties covenant and agree as follows: I. PERMISSION. Permission is hereby given to LICENSEE to enter upon and use the area of public right of way as depicted in the map attached hereto as Exhibit"A," and incorporated by this reference as though fully set forth herein. Such area shall hereinafter be referred to as the "Premises." 2 TERM: FEES AND CHARGES The term of this License is five(S)years. Either party may cancel this License upon 30 days written notice to the other party Upon approval of this License by CITY,and annually thereafter during the term of this License,LICENSEE agrees to pay to CITY an annual License Fee for use of the Premises as set forth in the matrix attached hereto as Exhibit"B"and incorporated by this reference as though fully set forth herein. The License Fee shall increase annually by 3%on the anniversary of the Agreement. Failure to timely pay the License Fee set forth above may result in termination of this Agreement, or the assessment of late fees, charges and interest pursuant to Huntington Beach Municipal Code Chapter 3 48 entitled"Late Charges,"or both. 3. INDEMNIFICATION.DEFENSE.HOLD HARMLESS. LICENSEE hereby agrees to protect defend, indemnify and hold and save harmless CITY; its officers, and employees against any and all liability, claims,judgments,costs and demands,however caused, including those resu]ting from death or injury to LICENSEE'S employees and damage to LICENSEE'S property, ansing directly or indirectly out of the grant of License herein contained. including those arising from the passive concurrent negligence of CITY,but save and except those which arise out of the active concurrent negligence,sole negligence, or the sole willful misconduct of CITY. LICENSEE will conduct all defense at its sole cost and expense. 4. INSURANCE. LICENSEE shall cant'at all times incident hereto, on all activities to be performed on or in the Premises as contemplated herein,general liability insurance, including coverage for bodily injury.and property damage. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY. Said insurance shall name the CITY, its officers,agents and employees and all public agencies as determined by the CITY as Additional Insureds. 1 13-40031104659 Item 16. - 10 H13 -3)06- LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement,in an amount of not less than Three Hundred Thousand Dollars ($300,000)combined single limit coverage. 5. CERTIFICATES OF TNSURAhCE; ADDITIONAL INSURED ENDORSEMENT. Prior to the use of the Premises pursuant to this license, LICENSEE shall fumish to CITY certificates of insurance subject to approval of the City Attorney e-6dencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty(30) days prior written notice to CITY. LICENSEE shall maintain the foregoing insurance coverages in force until this Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its representative shall at all tunes have the right to demand the original or a copy of all said policies of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required.. A separate copy of the additional insured endorsement to each of LICENSEE'S insurance policies,naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to the use of the Premises pursuant to this License. 6. RELEASE. LICENSEE hereby releases and forever discharges CITY of and from any and all claims;demands, actions or causes of action whatsoever which LICENSEE may have, or may hereafter have,against the CITY specifically ari sing out of the matter of the entry of LICENSEE onto the Premises. This is a complete and final release and shall be binding upon LICENSEE and the heirs, executors,administrators, successors and assigns of LICENSEE'S use of the Premises. LICENSEE hereby expressly waives any rights under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any payment made hereunder shall constitute any admission of any liability of CITY. 7. WASTE. LICENSEE shall not alter,damage or commit any kind of waste upon the Premises or any improvement, equipment or personal property thereon and shall not interfere in any manner,zth the operations or activities of CITY. LICENSEE shall make no change in the physical appearance of the Premises or the use thereof Mthout prior written consent of CITY'S Director of Public Works.LICENSEE shall not cause any workmen's or materialmen's liens to be placed upon the Premises and agrees to indemnify and hold CITY harmless against any such liens. 134003/1 C46;9 ltB -307- ,_ Item 16. - 1115 8. MAINTENANCE: PROHIBITED ITEMS. LICENSEE agrees to care for and maintain the Premises at its sole cost and expense in good and satisfactory condition as acceptable to the City. Maintenance shall include regular cleaning of the Premises including but not limited to removal of all rubbish, food stuffs,paper,bottles,cans, gum, cigarettes,animal litter, dirt and sand. In the event LICENSEE does not maintain the Premises in a satisfactory manner. LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S behalf All costs incurred performing said maintenance shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within ten(10) days of billing. In the event any damage is caused to the Premises as a result of the License authorized hereunder, LICENSEE agrees to repair same at its own expense_ LICENSEE agrees not to plant trees, or place permanent structures, including above ground swimming pools, in or on the Premises. LICENSEE will not construct concrete foundations, slabs, or extensions of residences. Permanent electrical,plumbing or irrigation fixtures are not allowed. The parking of vehicles,boats,trailers,Recreational Vehicles including pop up trailers or fifth wheels,is not allowed. Fencing not to exceed forty-two inches(42') in height maybe installed in accordance with the City of Huntington Beach Building Code and the prior written consent of CITY'S Director of Public Works. Upon any termination of this Agreement, LICENSEE shall restore the Premises to its satisfactory condition as required by CITY'S Director of Public Works. LICENSEE authorizes LICENSOR to perform such restoration on LICENSEE's behalf.All costs incurred performing said restoration shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within thirty(30)days of billing. 9. ' HAZARDOUS MATERIALS.CITY is unaware of,and has not received any notice or communication from any government agency having jurisdiction over the Premises, notifying CITY of the presence of surface or subsurface zone hazardous materials, waste, or contamination in, on, or under the Premises or any portion thereof. LICENSEE shall not allow the storage of any hazardous materials or waste on the Premises at any time,nor shall LICENSEE permit the contamination of the Premises, surface or subsurface,by such hazardous materials, waste or substances at any time. LICENSEE agrees to and shall indemnify, defend,and hold CITY and its officers,agents and employees,and its successors of interest harmless from and against all expenses, losses, or liabilities suffered by LICENSEE by reason of any damage,governmental action or third party claims arising out of the placement of such hazardous materials waste or substances on the surface or subsurface area of the Premises by LICENSEE, or the contamination,exacerbation,movement, or release, of any such hazardous material, substance or waste on the surface or subsurface area of the Premises by LICENSEE. LICENSEE shall keep any equipment used or brought onto the Premises under its absolute and complete control at all times and said equipment shall be used on the Premises at the sole risk of LICENSEE 3 )4b�9 Item 16. - 12 1413 -308- _ 10. COMPLIANCE WITH LAW. LICENSEE shall at LICENSEE'S own cost and expense comply pith all statutes. ordinances, regulations.and requirements of all governmental entities, both federal and state and county or municipal,relating to LICENSEE'S use and occupancy of said Premises whether such statutes, ordinances, regulations,and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by LICENSEE in a proceeding brought against LICENSEE by any government entity,that LICENSEE has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between CITY and LICENSEE and shall be ground for termination of this License by CITY. I t. NO ASSIGNMENT. LICENSEE agrees that the permission herein extended shall be personal to it and that it shall not assign or permit any third party to avail itself of any of the privileges granted hereunder.without the express written permission of CITY. 12. INTO TITLE INTEREST. No title interest of any kind is hereby given and LICENSEE shall never assert an) claim or title to the Premises. 13. NOTICES All notices given hereunder shall be effective when personally delivered or if mailed, within 48 hours of the deposit of such notice in the U.S. Mail,postage prepaid, and certified with return receipt requested and addressed to LICENSEE or to CITY at the respective addresses shown below- CITY: LICENSEE: Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 14. NO DISCRIMINATION. LICENSEE agrees that in performance of this Agreement and in the use of the Premises authorized hereunder, it will not engage in,nor permit its officers, agents or employees to engage in,any discrimination or discriminatory practices against any person based on race, religion,creed,color, natural origin, ancestry, physical handicap,medical condition, marital status or gender. 15. ATTORNEY'S FEES. In the event suit is brought by either party to enforce the terms and proN isions of this agreement or to secure the performance hereof each party shall bear its owm attorneys fees. The prevailing party shall not be entitled to recover its attorney's fees. This License shall be governed by and construed pursuant to the laves of the state of California. 16. ENTIRETY. This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment,as may be mutually agreed upon by the parties. 4 13-4003 1oa6s9 HB -309- Item 16. - 13'7 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on ,2014. LICENSEE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Califomia Public Works Director APPROVED AS TO FORM: City Attorney P o t q �Ul -ram` ` .L S REVIEWED AND APPROVED: City Manager 5 Item 16. - 14,46$9 HB 1 o- 6 - •g Lua�I -Itl- aH Lnia b 3VaA V s snndVr,+V10w - cc '�' (}I 1 lVJ 4 i " w (37W n the ta Ot II �, fn N O O a coo i LIJ n (n 2 3TN3A V 13?Of' i i s �f yjU ---r`Z-A 11 Nk ........ t �.yl t kp�_a aGc.a � m StI 'y7.A RIA .rx RI A J W .t377V "' o !1 N Z R1 R +uIR ^ `R� ~ 71 A) ---�•-•• In V h !N•1 Q H N ar7s —� 1 1 1 1 • �� I ! i 1 JAY 3771�4 O M 31VI1 1 3'uQAY 3771AXG�N ' + o >CJOlB u. 4 n } t r a N h G N N d � 1r � M N 4 R 7V.t3T i �~ N w A N _ _ g � C 4 V QCID 10 V O n 3fKmv Nmyt1T o h v ft o tV j t C. u R � � 'a a f•-I "I"`I �t �+ ate.�q p n -A31 - c a �w A �hC N Jt LE •n� g 4 y P N N N N�� ~ N N N N A gZ¢�QWpw N � � x f4 W :ffi3Lx$ 1 Zh�l!yQwV I ���VtOQa sas;iluaJd ea.►w, asuaoll lot aaw4S't f q"MR(l VO'HOV39 NOIDNI Nf1H '1S VNMYW rr06 LU-%O-S=-nCC-KOZ'VO* O H B - )I I- Item 16. - 15 EXHIBIT B Annual City License Fee Total Annual Parcel No. Area (S.F.) Annual license Fee Revenue 024-056-05 1,400 $ 700.00 $ 70000 024-056-06 1,400 $ 70000 $ 70000 024-056-07 700 $ 50000 $ 50000 024-056-18 700 $ 50000 $ 510000 024-056-19 700 $ 500.00 $ 500 00 024-056-09 1,400 $ 70000 $ 70000 024-056-10 1,400 $ 70000 $ 70000 024-056-16 700 $ 500.00 $ 500.00 024-056-17 700 $ 500.00 $ 50000 024-056-12 700 $ 500.00 $ 500.00 024-056-13 1 1,400 $ 700001 $ 700 00 11,200 $ 3,50000 $ 3,00000 $ 6,500.00 Over 5 Years $ 32,500.00 Item 16. - 161 HB _312_- FATTACrimENT #2 Vicinity Map v . I+ f` - .... � Li' North Item 16. - 18 HB 14- Item 12. - 1 ATTACHMENT #3 HB -315- Item 16. - 19 jy m P L� LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR USE OF A PORTION OF THE FORMER PACIFIC ELECTRIC RAILROAD RIGHT-OF-WAY This agreement is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as "CITY." and ,hereinafter referred to as "LICENSEE." WHEREAS,LICENSEE has applied to CITY for permission to use the public right of-way adjoining LICENSEE'S property; and CITY desires to allow such use, NOW, THEREFORE,in consideration of the promises and agreements hereinafter made and exchanged_the parties covenant and agree as follows: I. PERMISSION. Permission is hereby given to LICENSEE to,enter upon and use the area of public right of way as depicted in the map attached hereto as Exhibit "A," and incorporated by this reference as though fully set forth herein. Such area shall hereinafter be referred to as the "Premises." 2. TERM: FEES AND CHARGES. The term of this License is five (5) years. Either party may cancel this License upon 30 days written notice to the other party. Upon approval of this License by CITY, and annually thereafter during the term of this License, LICENSEE agrees to pay to CITY an annual License Fee in the amount of ($ �)per year. The License Fee shall increase annually by 3% on the anniversary of the Agreement Failure to timely pay the License Fee set forth above may result in termination of this Agreement, or the assessment of late fees, charges and interest pursuant to Huntington Beach Municipal Code Chapter 3.48 entitled"Late Charges," or both 3. INDEMNIFICATION. DEFENSE. HOLD HARMLESS LICENSEE hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands,however caused, including those resulting from death or injury to LICENSEE'S employees and damage to LICENSEE'S property, arising directly or indirectly out of the grant of License herein contained, including those arising from the passive concurrent negligence of CITY,but save and except those which arise out of the active concurrent negligence,sole negligence,or the sole willful misconduct of CITY. LICENSEE will conduct all defense at its sole cost and expense. 4. INSURANCE. LICENSEE shall carry at all times incident hereto,on all activities to be performed on or in the Premises as contemplated herein, general liability insurance, including coverage for bodily injury, and property damage. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during 1 Item 16. - 20 54 HB -316- the life of this Agreement, in an amount of not less than Three Hundred Thousand Dollars ($300,000) combined single limit coverage. 5. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENT. Prior to the use of the Premises pursuant to this license, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty(30) days prior written notice to CITY. LICENSEE shall maintain the foregoing insurance coverages in force until this Agreement is terminated The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. LICENSEE shall pay,in a prompt and timely manner,the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of LICENSEE'S insurance policies,naming the CITY, its officers and employees as Additional Insureds shall be provided to The City Attorney for approval prior to the use of the Premises pursuant to this License. 6. RELEASE. LICENSEE hereby releases and forever discharges CITY of and from any and all claims, demands. actions or causes of action whatsoever'which LICENSEE may have, or may hereafter have, against the CITY specifically arising out of the matter of the entry of LICENSEE onto the Premises. This is a complete and final release and shall be binding upon LICENSEE and the heirs, executors,administrators, successors and assigns of LICENSEE'S use of the Premises. LICENSEE hereby expressly waives any nghts under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any payment rnade hereunder shall constitute any admission of any liability of CITY. 7. WASTE. LICENSEE shall not alter, damage or commit any kind of waste upon the Premises or any improvement, equipment or personal property thereon and shall not interfere in any manner with the operations or activities of CITY. LICENSEE shall make no change in the physical appearance of the Premises or the use thereof without prior written consent of CITY'S Director of Public Works. LICENSEE shall not cause any workmen's or materialmen's liens to be placed upon the Premises and agrees to indemnify and hold CITY harmless against any such liens. 8. MAINTENANCE: PROHIBITED ITEMS. LICENSEE agrees to care for and maintain the Premises at its sole cost and expense in good and satisfactory condition as acceptable to the City. Maintenance shall include regular cleaning of the Premises including but not Iimited to removal of all rubbish, food stuffs,paper, bottles, cans.gum, cigarettes, animal litter, dirt and sand 2 I34003/16.1659 HB -317- Item 16. - 215 In the event LICENSEE does not maintain the Premises in a satisfactory manner, LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S behalf_ All costs incurred performing said maintenance shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within ten(10) days of billing. In the event any damage is caused to the Premises as a result of the License authorized hereunder, LICENSEE agrees to repair same at its own expense. LICENSEE agrees not to plant trees, or place permanent structures, including above ground swimming pools, in or on the Premises. LICENSEE will not construct concrete foundations, slabs, or extensions of residences. Permanent electrical,plumbing or irrigation fixtures are not allowed; however, landscape irrigation lines and sprinklers may be installed with the prior consent of CITY^s' Director of Public Works. The parking of vehicles,boats,trailers, Recreational Vehicles including pop up trailers or fifth wheels,is not allowed. Fencing not to exceed forty-two inches(42") in height may be installed in accordance with the City of Huntington Beach Building Code and the prior written consent of CITY'S Director of Public Works. Upon any termination of this Agreement, LICENSEE shall restore the Premises to its satisfactory condition as required by CITY'S Director of Public Works. LICENSEE authorizes LICENSOR to perform such restoration on LICENSEE's behalf All costs incurred performing said restoration shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within thirty (30) days of billing. 9. HAZARDOUS MATERIALS. CITY is unaware of, and has not received any notice or communication from any government agency having jurisdiction over the Premises.notifying CITY of the presence of surface or subsurface zone hazardous materials, waste, or contamination in, on,or under the Premises or any portion thereof. LICENSEE shall not allow the storage of any hazardous materials or waste on the Premises at any time,nor shall LICENSEE permit the contamination of the Premises, surface or subsurface, by such hazardous materials,waste or substances at any time. LICENSEE agrees to and shall indemnify, defend, and hold CITY and its officers,agents and employees, and its successors of interest harmless from and against all expenses, losses, or liabilities suffered by LICENSEE by reason of any damage, governmental action or third party claims arising out of the placement of such hazardous materials waste or substances on the surface or subsurface area of the Premises by LICENSEE, or the contamination, exacerbation, movement, or release,of any such hazardous material, substance or waste on the surface or subsurface area of the Premises by LICENSEE. LICENSEE shall keep any equipment used or brought onto the Premises under its absolute and complete control at all times and said equipment shall be used on the Premises at the sole risk of LICENSEE. 3 Item 16. - 22 ss 1113 1 g_ 10. COMPLIANCE WITH LAW. LICENSEE shall at LICENSEE'S own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal, relating to LICENSEE'S use and occupancy of said Premises whether such statutes,ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction,or the admission by LICENSEE in a proceeding brought against LICENSEE by any government entity, that LICENSEE has violated any such statute, ordinance,regulation,or requirement shall be conclusive as between CITY and LICENSEE and shall be ground for termination of this License by CITY. 11. NO ASSIGNMENT. LICENSEE agrees that the permission herein extended shall he personal to it and that it shall not assign or permit any third party to avail itself of any of the privileges granted hereunder,without the express written permission of CITY. 12. NO TITLE INTEREST. No title interest of any kind is hereby given and LICENSEE shall never assert any claim or title to the Premises. 13. NOTICES All notices given hereunder shall be effective when personally delivered or if mailed, within 48 hours of the deposit of such notice in the U.S. Mail,postage prepaid, and certified with return receipt requested and addressed to LICENSEE or to CITY at the respective addresses sholAm below: CITY: LICENSEE: Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach. CA 92648 14. NO DISCRIMINATION. LICENSEE agrees that in performance of this Agreement and in the use of the Premises authorized hereunder. it will not engage in, nor permit its off cers_ agents or employees to engage in. any discrimination or discriminatory practices against any person based on race. religion, creed, color, natural origin, ancestry, physical handicap,medical condition, marital status or gender. 1 5_ ATTORNEY'S FEES. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees_ The prevailing parry shall not be entitled to recover its attorney's fees. This License shall be governed by and construed pursuant to the laws of the state of California. 16. ENTIRETY. This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed upon by the parties. 4 I3400311046-59 HB -319- Item 16. - 23 7 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on , LICENSEE CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California Public Works Director APPROVED AS ORM- Cftv Attorney �, s REVIE)AIED AND APPROVED: City Manager 5 Item 16. - 2459 HB -320- Orange,CA,2014-2015-025-056-12,905 ALABAMA ST, HUM INGTON BEACH,CA 92648-3511,Sheet 1 of 1 Nn BL�nN�N 04 ;€aH i m Y �oi�ti$e� A VEM E o 0 ee!•,I�s e � a����Q Aices NALLEY '- 1Ily`I1�\\/ rs-a N — — t' is 10 LWMN AVER E QA - �3 !L0 o NO 1 ALLEY E N as tt I4n o n � N N N I I n V N fn N V I 1 m � Pw a 2r 2s 1f u BLOCK ! KWXVXLE AVEl" Z I� LINE XNOXVKLE AVE (ABANJ Si) - ♦ e , e I 1 I o ( N W Q O1 --87-- lJ °ALLEY f �J I a j tr F5Q a 1 a CD g O p E JOLIET AVENUE d a n a » a P 1i 1 -4 C- - -- -- Y ]f J i Oy U � s� oW gym- W .x» s I �o� n-�--- N o 0 3 0 �7C n ALLEY - m cn Vl � In tslt�la - a 2 Ill `•I N � l91 1 N N O J � f y»i 's�+- p � .x fr p EnW I 1 w AV14NAPOLS E AVENUE 4 F— 24-18 cNn 1 Ln HB -321- Item 16. - 251 EXHIBIT B Annual City License Fee Total Annual Parcel No. Area (S.F.) Annual License Fee Revenue 024-056-05 1,400 $ 70000 $ 70000 024-056-06 1,400 $ 70000 $ 70000 024-056-07 700 $ 50000 $ 50000 024-056-18 700 $ 50000 $ 50000 024-056-19 700 $ 50000 $ 50000 024-056-09 1,400 $ 70000 $ 70000 024-056-10 1,400 $ 70000 $ 70000 024-056-16 700 $ 50000 $ 50000 024-056-17 700 $ 50000 $ 50000 024-056-12 700 $ 50000 $ 50000 024-056-13 1 1,400 $ 70000 1 $ 700 00 11,200 $ 3,50000 $ 3,00000 $ 6,500.00 Over 5 Years $ 32,500.00 Item 16. - 26 HB -322- ATTACHM E N T #2 Vicinity Map r� AF Wl" y y + , Via* ,• \ a N� North xB -323- Item 16. - 27 � Al`T,Afim 3 L i LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR-USE OF A PORTION OF THE FORMER PACIFIC ELECTRIC RAILROAD RIGHT-OF-WAY This agreement is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and hereinafter referred to as "LICENSEE." WHEREAS; LICENSEE has applied to CITY for permission to use the public right of wav adjoining LICENSEE'S property; and CITY desires to allow such use. NOW, THEREFORE. in consideration of the promises and agreements hereinafter made and exchanged,the parties covenant and agree as follows: 1. PERMISSION. Permission is bereby given to LICENSEE to enter upon and use the area of public right of way as depicted in the map attached hereto as Exhibit "4," and incorporated by this reference as though fully set forth herein. Such area shall her--mafte-be referred to as the `Premises." 2. TERM: FEES ANTI) CHARGES. The term of this License.is five (5) years. Either party may cancel this License upon 30 days written notice to the other party. Upon approval of this License by CITY". and annually thereafter during the term of this License, LICENSEE agrees to pay to CITY an annual License Fee in the amount of (� ) per year. The License Fee shall increase annually by 3% on the anniversary of the Agreement. Failure to timely pay the License Fee set forth above maN7 result in termination of this Agreement. or the assessment of late fees. charges and interest pursuant to Huntington Beach Municipal Code Chapter 3.48 entitled `'Late Charces."or both. 3. INDEMNIFICATION_ DEFENSE. HOLD HARMLESS. LICENSEE hereby agrees to protect. defend, indemnify and hold and save harmless CITY. its officers, and employees mrainst any and all liability. claims.judgments, costs and demands,however caused. including those resulting from death or injury to LICENSEE'S employees and damage to LICENSEE'S property, arising directly or indirectly out of the grant of License herein contained, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence. sole negligence, or the sole willful misconduct of CITY. LICENSEE will conduct all defense at its sole cost and expense. 4. INSURANCE. LICENSEE shall carry at all times incident hereto, on all activities to be performed on Or in the Premises as contemplated herein; general liability insurance, including coverage for bodily injury, and property damage. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during 1 13-4003.001/135475 the life of this Agreement in an amount of not less than Three Hundred Thousand Dollars ($300,000) combined single limit coverage. 5. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENT_. Prior to the use of the Premises pursuant to this license. LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number Of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty (30) days prior written notice to CITY. LICENSEE shall maintain the foregoing insurance coverages in force until this Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnif cation of CITY by LICENSEE under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. LICENSEE shall pay,in a prompt and timely manner,the premiums on all insurance bereiabove required. A separate copy of the additional insured endorsement to each of"LICENSEE'S insurance noticies, naming the CITY. its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to the use of the Premises pursuant to this License. 6. RELEASE. LICENSEE.hereby releases and forever discharges CITY of and from any and all claims, demands. actions or causes of action whatsoever which LICENSEE may have, or may hereafter have. aaamst the CITY specifically arising out of the matter of the entry of LICENSEE onto the Premises. This is a complete and final release and shall be binding upon LICENSEE and the heirs. executors, administrators_ successors and assigns of LICENSEE'S use of the Premises. LICENSEE.hereby expressly waives any rights under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any payment made hereunder shall constitute any admission of any liability of CITY. 7. WASTE. LICENSEE shall not alter, damage or commit any kind of waste upon the Premises or any improvement, equipment or personal property thereon and shall not interfere in any manner with the operations or activities of CITY. LICENSEE shall make no change in the physical appearance of the Premises or the use thereof without prior written consent of CITY'S Director of Public Works. LICENSEE shall not cause any workmen's or materialmen's liens to be placed upon the Premises and agrees to indemnify and hold CITY harmless against any such liens. 8. NLAINTENANCE: PROHIBITED ITEMS. LICENSEE agrees to care for and maintain the Premises at its sole cost and expense in good and satisfactory condition as acceptable to the City. Maintenance shall include regular cleaning, of the Premises including but not limited to removal of all rubbish. food stuffs, paper. bottles; cans, gum, cigarettes, animal litter. dirt and sand. 1>4003.001/135475 In the event LICENSEE does not maintain the Premises in a satisfactory manner, LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S behalf All costs incurred performing said maintenance shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within ten(10) days of billing. In the event anv damage is caused to the Premises as a result of the License authorized hereunder, LICENSEE agrees to repair same at its own expense. LICENSEE agrees not to plant trees, or place permanent structures, including above ground swimming pools, in or on the Premises. LICENSEE mill not construct concrete foundations, slabs, or extensions of residences. Permanent electrical,plumbing or irrigation fixtures are not allowed; however. Landscape irrigation Lines and sprinklers may be installed with the prior consent of CITY's Director of Public Works. The parking of vehicles,boats,trailers; Recreational Vehicles including pop up trailers or fifth wheels. is not allowed. Fencing not to exceed forty-two inches (42") in height may be installed in accordance with the City of Huntington Beach Building Code and the prior written consent of CITY'S Director of Public Works. Under no circumstances shall any fence exceed forty-two (42) inches. Upon any termination of this Agreement, LICENSEE shall restore the Premises to its satisfactory condition as required by CITY'S Director of Public Works. LICENSEE authorizes LICENSOR to perform such restoration on LICENSEB's behalf. All costs incurred performing said restoration shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within thirry (30) days of billing. 9. HAZARDOUS MATERIALS. CITY is unaware of. and has not received an) notice or communication from any government agency having jurisdiction over the Premises. notify ing CITY of the presence of surface or subsurface zone hazardous materials, waste. or contamination in. on. or under the Premises or any portion thereof LICENSEE shall not allow the storage of any hazardous materials or waste on the Premises at any time. nor shall LICENSEE permit the contamination of the Premises. surface or subsurface, by such hazardous materials, waste or substances at any-time. LICENSEE agrees to and shall indemnify. defend, and hold CITY and its officers. agents and employees. and its successors of interest harmless from and against all expenses, losses. or liabilities suffered by LICENSEE by reason of any damage, governmental action or third party claims arising, out of the placement of such hazardous materials waste or substances on the surface or subsurface area of the Premises bN-LICENSEE, or the contamination., exacerbation. movement. or release, of any such hazardous material, substance or waste on the surface or subsurface area of the Premises b)., LICENSEE. LICENSEE shall keep any equipment used or brought onto the Premises under its absolute and complete control at,all times and said equipment shall be used on the Premises at the sole risk of LICENSEE. 134003.0011135475 10. COh/IPLLANCE VdITB LAW. LICENSEE shall at LICENTSEE'S own cost and expense comply with all statutes, ordinances,regulations; and requirements of all governmental entities, both federal and state and county, or municipal, relating,to LICENSEE'S use and occupancy of said Premises whether such statutes, ordinances, revelations, and requirements be now in,force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by LICENSEE in a proceeding brought against LICENSEE by any government entity, that LICENSEE has violated any such statute, ordinance. regulation. or requirement shall be conclusive as between CITY and LICENSEE and shall be ground for termination of this License by CITY. I ]. NO ASSIGNMENT. LICENSEE agrees that the permission herein extended shall be personal to it and that it shall not ass]-cm or permit any third party to avail itself of any of the privileges granted hereunder; without the express written permission of CITY. 12. NO TITLE INTEREST. No title interest of any Lind is hereby given and LICENSEE shall never assert any claim or title to the Premises. I NOTICES. .All notices given hereunder shall be effective when personally delivered or if mailed. within 48 hours of the deposit of such notice in the U.S. Mail,po7age prepaid, and certified with return receipt requested and addressed to LICENSEE or to CITE' at the respective addresses shown bolo-w: CITY: LICENSEE_ Director of Public Works Cite of NuntinErton Beach 2000 Main Street Fluntington Beach. CA 92648 14. NO DISCRIMINATION. LICENSEE agrees that in performance of this Agreement and in the use of the Premises authorized hereunder, it�q-ll not engage in, nor permit its officers, agents or employees to engage in, any discrimination or discriminatory practices against any person based on race. religion, creed, color,natural origin, ancestry,physical handicap,medical condition, marital status or gender. 15. ATTORNEY'S FEES. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing parry shall not be entitled to recover its attorney's fees. This License shall be governed by and construed pursuant to the laws of the state of California. 16. ENTIRETY. This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed upon by the parties. 4 I-4003.001/I3547> IN'V I T I�T-S S R'HEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized of5cers on r LICENSEE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Public R/or'r Director APPROVED AS TO FORM: Cit<-Attorney RED,UWED AND APPROVED: City Manager 5 D 4003.001/13�4?5 Orange,CA,2014-2015-025.056-12,905 ALABAMA ST, HUNTINGTON BEACH,CA 92648-3511,Sheet:1 of 1 EXHIBIT A License Area Premises N.� I 04 m A AVENUE (fAA%�S � u owx ". ri s ra.»• a ���a + p 0 Z ] W n'Y— S Voff N N N N ,NO NN N �— N --- � r.f a c`vc• N C � N � N � v ,ri• .. Vn— w O s I ZALLEY t " W `C 4 �} I I"I I I I 4 • ��- o 0 � o LAYCALN AVEME It s Of ta -- -- 1 IC kk �-- �— w I�9' SY fey �a V�. 4 g $ R 14 N aw ;, 4 A L Y f a N a • N fy a'�a• m m BLOCK o s KNOXVR.LE AVEM/E 3 LINE Mp W (A&NA Sr) i I I ' 4- I N a a•1»� n•I», --�--- N k X � w °ALLEY •� -"- s y W xac� o� 9 ale wpe0ala »'F IfY . m O A car ;(� r ill ur �a o m �o r" n N Q t S. JOLR'T AVENtk S (A a A m ;p0CD -4�° I -4 5- 9 r.s ? , x rn - Cr (D 4-(El ' N _ o s�c rp O 0(DI AL r.s a 4 Vf b a lw >f Iw ly .n Vl UR �� L y N \V•, N N O V m f`T W m. O���LII v1 W I r.f a • fd NUMAPOLIS s AVEME 4 24-18 F N I O 01 A TTACHMENT #4 Revised Annual Fee Schedule 7/5/16 Total Annual Parcel No. Area (S.F.) Annual License Fee Revenue 024-056-05 1,400 $ 500.00 $ 500.00 024-056-06 1,400 $ 500.00 $ 500.00 024-056-07 700 $ 250.00 $ 250.00 024-056-18 700 $ 250.00 $ 250.00 024-056-19 700 $ 250.00 $ 250.00 024-056-09 1,400 $ 500.00 $ 500.00 024-056-10 1,400 $ 500.00 $ 500.00 024-056-16 700 $ 250.00 $ 250.00 024-056-17 700 $ 250.00 $ 250.00 024-056-12 700 $ 250.00 $ 250.00 024-056-13 1 1,400 $ 500.00 1 $ 500.00 11,200 $ 2,500.00 $ 1,500.00 $ 4,000.00 Over 5 Years $ 20,000.00 Item 16. - 34 HB -330- Dept ID ED 15-28 Page 1 of 2 Meeting Date 11/16/2015 CITY OF HUNTINGTON BEACH as REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/16/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Kellee Fritzal, Deputy Director, Business Development SUBJECT: Approve and authorize execution of License Agreement for use of a portion of the former Pacific Electric Railroad Right-Of-Way for Eleven (11) Adjoining Property Owners Statement of Issue The City Council is asked to approve a standard License Agreement for eleven (11) property owners for use of a portion of the former Pacific Electric Railroad Right-of-Way as a pilot project The license area will be used for ingress, egress, and general yard use for the adjoining property owners located on the west side of Alabama Street between Joliet and Indianapolis Avenues A public walkway and maintenance road will be maintained Financial Impact If approved, this action could generate up to $6,500 annually and $32,500 to the General Fund over the five-year License Agreement term Recommended Action Approve and authorize the Director of Public Works to execute up to eleven (11) License Agreements with adjoining property owners for the use of a portion of the former Pacific Electric Railroad Right-Of-Way located on the west side of Alabama Street between Joliet and Indianapolis Avenues Alternative Action(s) Do not approve and direct staff as necessary Analysis In 1987, the Huntington Beach Company gifted the former Pacific Electric Railway Right-of-Way (ROW) to the City Under prior direction from the Economic Development Committee (EDC), staff surveyed potential interest in the ROW from eleven (11) adjacent property owners near the intersection of Alabama Street and Indianapolis Avenue Eight of the eleven property owners expressed interest in using the ROW adjacent to their property After considering use options for the ROW, the EDC agreed to the development of a pilot program that would allow use of the ROW to the adjacent property owners through a City License Agreement HB -79- Item 12. - 1 Dept ID ED 15-28 Page 2 of 2 Meeting Date 11/16/2015 Although the City would retain ownership of the property, the License Agreement would allow participating property owners to use the ROW as an extension of their back yards The License Agreement requires property owners to maintain the premises and prohibits tree planting and construction of permanent structures such as concrete foundations, slabs and above ground pools Additionally, parking would not be permitted within the ROW for vehicles, boats, and trailers On October 6, 2014, staff brought this item before City Council for consideration and approval However, various owners requested additional time to review the proposed License Agreement prior to final consideration The City Council directed staff to continue the item and grant stakeholders additional time to review and ensure their understanding of the License Agreement prior to bringing this item back for City Council consideration On November 13, 2014, staff held a follow-up meeting with adjacent property owners to review and gather additional input regarding the License Agreement Staff then presented owner input to the Economic Development Committee, which resulted in amending the License Agreement to allow irrigation within the ROW with the prior review and approval of Public Works All other elements of the License Agreement have remained unchanged The vicinity map and amended License Agreement (with fee schedule) are attached for reference Environmental Status Not Applicable Strategic Plan Goal Enhance and maintain infrastructure Attachment(s) 1 October 6, 2014 RCA 2 Vicinity Map 3 License Agreement Item 12. - 2 HB -80- ATTACHMENT Dept ID ED 14-32 Page 1 of 2 Meeting Date 10/6/2014 ©Oct 7- Awl CITY OF HUNTINGTON BEACH gym- , REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 10/6/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Kellee Fritzal, Deputy Director, Economic Development SUBJECT: Approve and authorize execution of License Agreement for use of a portion of the former Pacific Electric Railroad Right-Of-Way for Eleven (11) Adjoining Property Owners Statement of Issue The City Council is asked to approve a standard License Agreement for eleven (11) property owners for the licensed use of a portion of the former Pacific Electric Railroad Right-of-Way as a pilot project The license area will be used for ingress, egress, and general use as a yard area for the adjoining property owners located on the west side of Alabama Street between Joliet and Indianapolis Avenues A public walkway and maintenance road will be maintained Financial Impact If approved, this action will generate up to $6,500 annually and $32,500 over the License Agreement to the City Recommended Action Approve and authorize the Director of Public Works to execute eleven (11) License Agreements with adjoining property owners for the use of a portion of the former Pacific Electric Railroad Right- Of-Way located on the west side of Alabama Street between Joliet and Indianapolis Avenues Alternative Actions) Do not approve and direct staff as necessary Analysis In 1987, the Huntington Beach Company gifted the former Pacific Electric Railway Right-of-Way (PE-ROW) to the City Under prior direction from the Economic Development Committee (EDC), staff surveyed potential PE-ROW interest from eleven (11) adjacent property owners living by the Southern California Edison electrical substation (near intersection of Alabama Street and Indianapolis Avenue) Eight (8) of eleven (11) property owners expressed interest in using the strip of PE-ROW located adjacent to their property After considering options for using the PE-ROW, the EDC agreed upon a pilot program through a City License Agreement that would allow the City to retain control of the property Through a License Agreement, each participating property owner would be permitted use of the adjacent PE-ROW as general yard area adjoining their respective properties The License Agreement requires property owners to maintain the premises and prohibits tree planting or construction of permanent structures such as concrete foundations, slabs, and above ground pools Additionally, parking is not allowed within the PE-ROW for vehicles, boats, and trailers The vicinity map, License Agreement and fee schedule (Exhibit B) are attached HB -81-;- Item 12. - 31 Dept ID ED 14-32 Page 2 of 2 Meeting Date 10/6/2014 Environmental Status Not Applicable Strategic Plan Goal Improve the City's Infrastructure Attachment(s) 1 Vicinity Map 2 License Agreement Including Fee Schedule (Exhibit B) Item 12. - 4 HB -82- _ Vicinity Map i � k s � e z North HB Item 12. - 5 3 r � LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR USE OF A PORTION OF THE FORMER PACIFIC ELECTRIC RAILROAD RIGHT-OF-WAY This agreement is made and entered into bN and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as "CITY." and ,hereinafter referred to as "LICENSEE." WHEREAS,LICENSEE has applied to CITY for permission to use the public right of way adjoining LICENSEE'S property: and CITY desires to allow such use, NOW,THEREFORE, inconsideration of the promises and agreements hereinafter made and exchanged.the parties covenant and agree as follows: I. PERMISSION. Permission is hereby given to LICENSEE to enter upon and use the area of public right of way as depicted in the map attached hereto as Exhibit"A," and incorporated by this reference as though fully set forth herein. Such area shall hereinafter be referred to as the "Premises." 2 TERM: FEES AND CHARGES The term of this License is five(5)years. Either party may cancel this License upon 30 days written notice to the other party Upon approval of this License by CITY,and annually thereafter during the term of this License,LICENSEE agrees to pay to CITY an annual License Fee for use of the Premises as set forth in the matrix attached hereto as Exhibit"B"and incorporated by this reference as though fully set forth herein. The License Fee shall increase annually by 3%on the anniversary of the Agreement. Failure to timely pay the License Fee set forth above may result in termination of this Agreement, or the assessment of late fees,charges and interest pursuant to Huntington Beach Municipal Code Chapter 3 48 entitled"Late Charges,"or both. 3. INDE;VINIFICATION.DEFENSE.HOLD HARMLESS. LICENSEE hereby agrees to protect, defend, indemnify and hold and save harmless CITY; Its officers, and employees against any and all liability, claims,judgments,costs and demands,however caused, including those resulting from death or injury to LICENSEE'S employees and damage to LICENSEE'S property, arising directly or indirectly out of the grant of License herein contained, including those arising from the passive concurrent negligence of CITY,but save and except those which arise out of the active concurrent negligence,sole negligence,or the sole willful misconduct of CITY. LICENSEE will conduct all defense at its sole cost and expense. 4. INSURANCE. LICENSEE shall carry at all times incident hereto, on all activities to be performed on or in the Premises as contemplated herein,general liability insurance, including coverage for bodily injury. and property damage. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY. Said insurance shall name the CITY, its officers,agents and employees and all public agencies as determined by the CITY as Additional Insureds. 1 13-40031104659 Item 12. - 6 HB -84-,- LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement,in an amount of not less than Three Hundred Thousand Dollars ($300,000)combined single limit coverage. 5. CERTIFICATES OF INSURANCE-ADDITIONAL INSURED ENDORSEMENT. Pnor to the use of the Premises pursuant to this license, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement, said certificates shall provide the name and policy number of each carrier and policy,and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty (30)days prior written notice to CITY. LICENSEE shall maintain the foregoing Msurance coverages in force until this Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. LICENSEE shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of LICENSEE'S insurance policies,naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to the use of the Premises pursuant to this License. 6. RELEASE. LICENSEE hereby releases and forever discharges CITY of and from any and all claims,demands,actions or causes of action whatsoever which LICENSEE may have, or may hereafter have,against the CITY specifically arising out of the matter of the entry of LICENSEE onto the Premises. This is a complete and final release and shall be binding upon LICENSEE and the heirs,executors,administrators, successors and assigns of LICENSEE'S use of the Premises. LICENSEE hereby expressly waives any rights under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any payment made hereunder shall constitute any admission of any liability of CITY. 7. WASTE. LICENSEE shall not alter,damage or commit any kind of waste upon the Premises or any improvement, equipment or personal property thereon and shall not interfere in any manner uZth the operations or activities of CITY. LICENSEE shall make no change in the physical appearance of the Premises or the use thereof mithout prior written consent of CITY'S Director of Public Works.LICENSEE shall not cause any workmen's or materialmen's liens to be placed upon the Premises and agrees to indemnify and hold CITY harmless against any such liens. 13-4003/1 NG559 HB -85-?- Item 12. - 7> 8. MAINTENANCE- PROHIBITED ITEMS. LICENSEE agrees to care for and maintain the Premises at its sole cost and expense in good and satisfactory condition as acceptable to the City. Maintenance shall include regular cleaning of the Premises including but not limited to removal of all rubbish, food stuffs,paper,bottles,cans, gum, cigarettes,animal litter, dirt and sand. In the event LICENSEE does not maintain the Premises in a satisfactory manner. LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S behalf. All costs incurred performing said maintenance shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within ten(10) days of billing. In the event any damage is caused to the Premises as a result of the License authorized hereunder, LICENSEE agrees to repair same at its own expense. LICENSEE agrees not to plant trees, or place permanent structures, including above ground swimming pools, in or on the Premises. LICENSEE will not construct concrete foundations, slabs, or extensions of residences. Permanent electrical,plumbing or irrigation fixtures are not allowed. The parking of vehicles,boats,trailers,Recreational Vehicles including pop up trailers or fifth wheels,is not allowed. Fencing not to exceed forty-two inches(42') in height may be installed in accordance with the City of Huntington Beach Building Code and the prior written consent of CITY'S Director of Public Works.Upon any termination of this Agreement, LICENSEE shall restore the Premises to its satisfactory condition as required by CITY'S Director of Public Works. LICENSEE authorizes LICENSOR to perform such restoration on LICENSEE's behalf.All costs incurred performing said restoration shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within thirty(30)days of billing. 9. HAZARDOUS MATERIALS.CITY is unaware of, and has not received any notice or communication from any government agency having jurisdiction over the Premises, notifying CITY of the presence of surface or subsurface zone hazardous materials, waste,or contamination in, on,or under the Premises or any portion thereof. LICENSEE shall not allow the storage of any hazardous materials or waste on the Premises at any time,nor shall LICENSEE permit the contamination of the Premises, surface or subsurface,by such hazardous materials,waste or substances at any time. LICENSEE agrees to and shall indemnify, defend,and hold CITY and its officers,agents and employees,and its successors of interest harmless from and against all expenses, losses, or liabilities suffered by LICENSEE by reason of any damage,governmental action or third party claims arising out of the placement of such hazardous materials waste or substances on the surface or subsurface area of the Premises by LICENSEE, or the contamination,exacerbation,movement, or release, of any such hazardous material, substance or waste on the surface or subsurface area of the Premises by LICENSEE. LICENSEE shall keep any equipment used or brought onto the Premises under its absolute and complete control at all times and said equipment shall be used on the Premises at the sole risk of LICENSEE 3 •" •^^"iU4F�9 Item 12. - 8 HB -86- 10. COMPLIANCE WITH LAW. LICENSEE shall at LICENSEE'S oven cost and expense comply-,A,ith all statutes. ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal,relating to LICENSEE'S use and occupancy of said Premises whether such statutes,ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by LICENSEE in a proceeding brought against LICENSEE by any government entity,that LICENSEE has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between CITY and LICENSER and shall be ground for termination of this License by CITY. 11. NO ASSIGNMENT. LICENSEE agrees that the permission herein extended shall be personal to it and that it shall not assign or permit any third party to avail itself of any of the privileges granted hereunder, without the express written permission of CITY. 12. NO TITLE INTEREST. No title interest of any kind is hereby given and LICENSEE shall never assert an} claim or title to the Premises. 13. NOTICES All notices given hereunder shall be effective when personally delivered or if mailed,within 48 hours of the deposit of such notice in the U.S. Mail,postage prepaid, and certified with return receipt requested and addressed to LICENSEE or to CITY at the respective addresses shown below- CITY: LICENSEE: Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 14. NO DISCRIMINATION. LICENSEE agrees that in performance of this Agreement and in the use of the Premises authorized hereunder,it will not engage in,nor permit its officers, agents or employees to engage in,any discrimination or discriminatory practices against any person based on race, religion, creed, color, natural origin, ancestry,physical handicap,medical condition, marital status or gender. 15. ATTORNEY'S FEES. In the event suit is brought by either party to enforce the terms and proN,isions of this agreement or to secure the performance hereof each party shall bear its oum attorney's fees. The prevailing party shall not be entitled to recover its attorneys fees. This License shall be governed by and construed pursuant to the laws of the state of California. 16. ENTIRETY. This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment,as may be mutually agreed upon by the parties. 4 13-4003 1aa6s9 HB _87_)_ Item 12. - 97 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on LICENSEE CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California Public Works Director APPROVED AS TO FORM: ,City Attorney }{+ REVIEWED AND APPROVED: City Manager 5 I- Ann^ftn4659 Item 12. - 10 J7 HB -88-_ 6 _ •$ uza�I -It-t- OH 0 § Y s 51dYN07Qt� r A377Y IP N aA r til N <M N M In 9 I �Y Vl F V _4 4 x^ r m t�` VfaO m ai ala d+t WIN P N TO d e ., ~ .t377Y q .K1 s ac t m .it A1 °yj 7s i a- ( 1 t 1 > —p`��yj 1 1 i i • -- I �I 37'IAAVW S 3iV 31WMO AI Ml �=i s 3M►3RY —71 m Jlt N N x 1 } ` N M w a �Y} YIV✓I tt^u q u u V 7 N70= '' +A n O II 3IW,4dY O h o N IR .0 r sr n� uv 1 i lrtse C. !li s g_� s 31wMY 3N V nL o �RRCh� armNa - SGSIl OJd eaJw, 9Su8 17 t 10 tjWS'�C56-8ti9Z8 yo'HO5f38 N019N11NliH ZD-StDZ-4�OZ'YJ'26ue1{� — HB -89- Item 12. - 11 EXHIBIT B Annual City License Fee Total Annual Parcel No. Area (S.F.) Annual License Fee Revenue 024-056-05 1,400 $ 700,00 $ 70000 024-056-06 1,400 $ 70000 $ 70000 024-056-07 700 $ 50000 $ 50000 024-056-18 700 $ 50000 $ 50000 024-056-19 700 $ 500.00 $ 50000 024-056-09 1,400 $ 70000 $ 70000 024-056-10 1,400 $ 70000 $ 70000 024-056-16 700 $ 500.00 $ 500A0 024-056-17 700 $ 500.00 $ 50000 024-056-12 700 $ 500.00 $ 500.00 024-056-13 1 1,400 $ 700001 $ 70000 11,200 $ 3,50000 $ 3,00000 $ 6,500.00 Over 5 Years $ 32,500.00 Item 12. - 12 HB -90-- FATTACM MENT #2 Vicinity Map ,41 OIN OR 1 e f y North HB _9 1- Item 12. - 13 L-ATTACHMENT #3 LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR USE OF A PORTION OF THE FORMER PACIFIC ELECTRIC RAILROAD RIGHT-OF-WAY This agreement is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as "CITY." and ,hereinafter referred to as "LICENSEE." WHEREAS,LICENSEE has applied to CITY for permission to use the public right of way adjoining LICENSEE'S property; and CITY desires to allow such use, NOW. THEREFORE,in consideration of the promises and agreements hereinafter made and exchanged_the parlies covenant and agree as follows: 1. PERMISSION. Permission is hereby given to LICENSEE to,enter upon and use the area of public right of way as depicted in the map attached hereto as Exhibit "A," and incorporated by this reference as though fully set forth herein. Such area shall hereinafter be referred to as the "Premises." 2. TERM, FEES AND CHARGES. The term of this License is five (5) years. Either party may cancel this License upon 30 days written notice to the other party. Upon approval of this License by CITY, and annually thereafter during the terra of this License, LICENSEE agrees to pay to CITY an annual License Fee in the amount of ($ �)per year. The License Fee shall increase annually by 3% on the anniversary of the Agreement. Failure to timely pay the License Fee set forth above may result in termination of this Agreement, or the assessment of fate fees, charges and interest pursuant to Huntington Beach Municipal Code Chapter 3.48 entitled"Late Charges," or both_ 3. INDEMNIFICATION. DEFENSE, HOLD HARMLESS LICENSEE hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,.judgments, costs and demands,however caused, including those resulting from death or injury to LICENSEE'S employees and damage to LICENSEE'S property, arising directly or indirectly out of the grant of License herein contained, including those arising from the passive concurrent negligence of CITY,but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. LICENSEE will conduct all defense at its sole cost and expense. 4. INSURANCE. LICENSEE shall carry at all times incident hereto,on all activities to be performed on or in the Premises as contemplated herein, general liability insurance, including coverage for bodily injury, and property damage. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during 1 'S4 Item 12. - 14 HB -92- the life of this Agreement, in an amount of not less than Three Hundred Thousand Dollars ($300,000) combined single limit coverage. 5. CERTIFICATES OF INSURANCE:ADDITIONAL INSURED ENDORSEMENT. Prior to the use of the Premises pursuant to this license, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement: said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty(30) days prior written notice to CITY. LICENSEE shall maintain the foregoing insurance coverages in force until this Agreement is terminated The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. LICENSEE shall pay,in a prompt and timely manner,the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of LICENSEE'S insurance policies,naming the CITY, its officers and employees as Additional Insureds shall be provided to The City Attorney for approval prior to the use of the Premises pursuant to this License. 6_ RELEASE. LICENSEE hereby releases and forever discharges CITY of and from any and all claims, demands, actions or causes of action whatsoever which LICENSEE may have, or may hereafter have, against the CITY specifically arising out of the matter of the entry of LICENSEE onto the Premises. This is a complete and final release and shall be binding upon LICENSEE and the heirs, executors,administrators, successors and assigns of LICENSEE'S use of the Premises. LICENSEE hereby expressly waives any rights under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any payment made hereunder shall constitute any admission of any liability of CITY. 7. WASTE. LICENSEE shall not alter, damage or commit any kind of waste upon the Premises or any improvement, equipment or personal property thereon and shall not interfere in any manner with the operations or activities of CITY. LICENSEE shall make no change in the physical appearance of the Premises or the use thereof without prior written consent of CITY'S Director of Public Works. LICENSEE shall not cause any workmen's or materialmen's liens to be placed upon the Premises and agrees to indemnify and hold CITY harmless against any such liens. 8. MAINTENANCE: PROHIBITED ITEMS. LICENSEE agrees to care for and maintain the Premises at its sole cost and expense in good and satisfactory condition as acceptable to the City. Maintenance shall include regular cleaning of the Premises including but not limited to removal of all rubbish, food stuffs,paper, bottles, cans. gum, cigarettes, animal titter, dirt and sand 2 13400.s"04b59 HB -93- Item 12. - 15 In the event LICENSEE does not maintain the Premises in a satisfactory manner, LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S behalf. All costs incurred performing said maintenance shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within ten(10) days of billing. In the event any damage is caused to the Premises as a result of the License authorized hereunder, LICENSEE agrees to repair same at its own expense. LICENSEE agrees not to plant trees, or place permanent structures, including above ground swimming pools, in or on the Premises. LICENSEE will not construct concrete foundations, slabs, or extensions of residences_ Permanent electrical,plumbing or irrigation fixtures are not allowed; however, landscape irrigation lines and sprinklers may be installed with the prior consent of CITY's' Director of Public Works. The parking of vehicles,boats,trailers, Recreational Vehicles including pop up trailers or fifth wheels, is not allowed. Fencing not to exceed forty-two -inches(42") in height may be installed in accordance with the City of Huntington Beach Building Code and the prior written consent of CITY'S Director of Public Works. Upon any termination of this Agreement, LICENSEE shall restore the Premises to its satisfactory condition as required by CITY'S Director of Public Works. LICENSEE authorizes LICENSOR to perform such restoration on LICENSEE's behalf All costs incurred performing said restoration shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within thirty (30) days of billing. 9. HAZARDOUS MATERIALS. CITY is unaware of, and has not received any notice or communication from any government agency having jurisdiction over the Premises.notifying CITY of the presence of surface or subsurface zone hazardous materials,waste, or contamination in, on,or under the Premises or any portion thereof. LICENSEE shall not allow the storage of any hazardous materials or waste on the Premises at any time,nor shall LICENSEE permit the contamination of the Premises, surface or subsurface, by such hazardous materials,waste or substances at any time. LICENSEE agrees to and shall indemnify, defend, and hold CITY and its officers, agents and employees, and its successors of interest harmless from and against all expenses, losses,or liabilities suffered by LICENSEE by reason of any damage, governmental action or third party claims arising out of the placement of such hazardous materials waste or substances on the surface or subsurface area of the Premises by LICENSEE, or the contamination, exacerbation, movement, or release,of any such hazardous material, substance or waste on the surface or subsurface area of the Premises by LICENSEE. LICENSEE shall keep any equipment used or brought onto the Premises under its absolute and complete control at all times and said equipment shall be used on the Premises at the sole risk of LICENSEE. 3 Item 12. - 16 HB -94- 10. COMPLIANCE WITH LAW. LICENSEE shall at LICENSEE'S own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal, relating to LICENSEE'S use and occupancy of said Premises whether such statutes, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction,or the admission by LICENSEE in a proceeding brought against LICENSEE by any government entity, that LICENSEE has violated any such statute,ordinance,regulation,or requirement shall be conclusive as between CITY and LICENSEE and shall be ground for termination of this License by CITY. 11. NO ASSIGNMENT. LICENSEE agrees that the permission herein extended shall be personal to it and that it shall not assign or permit any third party to avail itself of any of the privileges granted hereunder,without the express written permission of CITY. 12. NO TITLE INTEREST. No title interest of any kind is hereby given and LICENSEE shall never assert any claim or title to the Premises. 13. NOTICES All notices given hereunder shall be effective when personally delivered or if mailed, within 48 hours of the deposit of such notice in the U.S. Mail,postage prepaid, and certified with return receipt requested and addressed to LICENSEE or to CITY at the respective: addresses shown below: CITY: LICENSEE: Director of Public Works City of Huntington Beach. 2000 Main Street Huntington Beach. CA 92648 14. NO DISCRIMINATION. LICENSEE agrees that in performance of this Agreement and in the use of the Premises authorized hereunder, it will not engage in, nor permit its officers. agents or employees to engage in. any discrimination or discriminatory practices against any person based on race. religion, creed, color, natural origin, ancestry, physical handicap,medical condition, marital status or gender. 1 5. ATTORNEY'S FEES. In the event suit is brought by either party to enforce the tenns and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing parry shall not be entitled to recover its attorney's fees. This License shall be governed by and construed pursuant to the laws of the state of California_ 16. ENTIRETY. This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed upon by the parties. 4 13400311 04G59 IlB -95- Item 12. - 17 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on --------------7 LICENSEE CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California Public Works Director APPR70VE!D AS ORNjr City Attorney , REVIEWED AND APPROVED: City Manager 5 12-AMIMUK59 Item 12. - 18 1-113 -96- Orange,CA,2014-2015-025-056-12,905 ALABAMA ST, HUNTINGTON BEACH,CA 92648-3511,Sheet 1 of 1 �x�^IIG,'aa 04 2b aA T m Y MOON NUa l n2 4�AfPtDS — A VEMAE N sm s 2 n is Isle < m�a � _ „aim W tlE os O n b , o �ba�m ONe N W 4� ,o ALLEYw a se a41 Iq to I wH I� Ncl I� — hti a• t ra m a N m a w In1Ir r In w� c 'x O a LWOLN AVEAVE S s �ag _ V tb o so Qo 33 �L -- as!96 a In N•o V� �:/ N b V a Gr — — — m .,10 A ALLEY S 17 Ull m I4 s a N N N V OI W N I I Is N N In 0; as b. V I a BLOCK S. KNOXVXLE AVEME it rj LINE KNOXWEE AVE (ABAID Sr) w ase ° i e e I I I --Y1--- ys h u U l u a as• 2 N Ifi Y• m w S 'ALLEY - •� . 4 3 — 20 --G t a N1 I�s 9 as I e I ar pa u I u a I�CI ar a W .21. N�..� I I n m a Y I Np (s;lll o tIq—�--- C p O la,Iot- 4 DO po D ti o p S JOLET A VEI" 8 oo a (mil •! m n n n b n n w as ss In �,���I�ppyyJ77 O Of N � O h q top x o ��C ALLEY V=I s N Il�b xy In v ro U 20 1 a I 41 c. O � M W mCal �`s=a•--- w• apl V I•AL .1 I Is a �mb • so 00104APOLIS S AVEMEE 4 F- 24-18 i UI xB -97- Item 12. - 19 EXHIBIT B Annual City License Fee Total Annual Parcel No. Area (S.F.) Annual License Fee Revenue 024-056-05 1,400 $ 70000 $ 70000 024-056-06 1,400 $ 70000 $ 70000 024-056-07 700 $ 50000 $ 50000 024-056-18 700 $ 50000 $ 50000 024-056-19 700 $ 50000 $ 50000 024-056-09 1,400 $ 70000 $ 70000 024-056-10 1,400 $ 70000 $ 70000 024-056-16 700 $ 50000 $ 50000 024-056-17 700 $ 50000 $ 50000 024-056-12 700 $ 50000 $ 50000 024-056-13 1 1,400 $ 70000 1 $ 700 00 11,200 $ 3,50000 $ 3,00000 $ 6,500.00 Over 5 Years $ 32,500.00 Item 12. - 20 HB -98- Dept. ID ED 14-32 Page 1 of 2 Meeting Date: 10/6/2014 ©— Ace 101*7 CITY OF HUNTINGTON BEACH $ & REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 10/6/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Kellee Fritzal, Deputy Director, Economic Development SUBJECT: Approve and authorize execution of License Agreement for use of a portion of the former Pacific Electric Railroad Right-Of-Way for Eleven (11) Adjoining Property Owners Statement of Issue: The City Council is asked to approve a standard License Agreement for eleven (11) property owners for the licensed use of a portion of the former Pacific Electric Railroad Right-of-Way as a pilot project. The license area will be used for ingress, egress, and general use as a yard area for the adjoining property owners located on the west side of Alabama Street between Joliet and Indianapolis Avenues. A public walkway and maintenance road will be maintained. Financial Impact: If approved, this action will generate up to $6,500 annually and $32,500 over the License Agreement to the City. Recommended Action: Approve and authorize the Director of Public Works to execute eleven (11) License Agreements with adjoining property owners for the use of a portion of the former Pacific Electric Railroad Right- Of-Way located on the west side of Alabama Street between Joliet and Indianapolis Avenues. Alternative Action(s): Do not approve and direct staff as necessary. Analysis: In 1987, the Huntington Beach Company gifted the former Pacific Electric Railway Right-of-Way (PE-ROW) to the City. Under prior direction from the Economic Development Committee (EDC), staff surveyed potential PE-ROW interest from eleven (11) adjacent property owners living by the Southern California Edison electrical substation (near intersection of Alabama Street and Indianapolis Avenue). Eight (8) of eleven (11) property owners expressed interest in using the strip of PE-ROW located adjacent to their property. After considering options for using the PE-ROW, the EDC agreed upon a pilot program through a City License Agreement that would allow the City to retain control of the property. Through a License Agreement, each participating property owner would be permitted use of the adjacent PE-ROW as general yard area adjoining their respective properties. The License Agreement requires property owners to maintain the premises and prohibits tree planting or construction of permanent structures such as concrete foundations, slabs, and above ground pools. Additionally, parking is not allowed within the PE-ROW for vehicles, boats, and trailers. The vicinity map, License Agreement and fee schedule (Exhibit B) are attached. H I .11 13_ Item 8. - I Dept. ID ED 14-32 Page 2 of 2 Meeting Date: 10/6/2014 Environmental Status: Not Applicable Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Vicinity Map 2. License Agreement including Fee Schedule (Exhibit B) Item 8. - 2 t -t - 7 Vicinity Map 34 x it 11 �I a e a=a North xB _135_ Item 8. - 3 LICENSE AGREEMENT BY.AND BETWEEN THE CITY OF HUNTINGTON'BEACH AND FOR USE OF A PORTION OF THE FORMER PACIFIC;ELECTRIC RAILROAD RIGHT-OF-WAY This agreement is made and entered into by and between the CITY OF IIUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and hereinafter referred to as "LICENSEE." WHEREAS,LICENSEE has applied to CITY for permission to use the public right of way adjoining LICENSEE'S property; and CITY desires to allow such use, NOW,THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged,the parties covenant and agree as follows: I. PERMISSION. Permission is hereby given to LICENSEE to enter upon and use the area of public right of way as depicted in the map attached hereto as Exhibit"A," and incorporated by this reference as though fully set forth herein. Such area shall hereinafter be referred to as the "Premises." 2. TERM:.FEES AND CHARGES. The term of this License is five (5)years. Either party may cancel this License upon 30 days written notice to the other party. Upon approval of this License by CITY, and annually thereafter during the term of this License, LICENSEE agrees to pay to CITY an annual License Fee for use of the Premises as set forth in the matrix attached hereto as Exhibit`B"and incorporated by this reference as though fully set forth herein. The License Fee shall increase annually by 3%on the anniversary of the Agreement. Failure to timely pay the License Fee set forth above may result in termination of this Agreement, or the assessment of late fees, charges and interest pursuant to Huntington Leach Municipal Code Chapter 3.48 entitled"Late Charges," or both. 3. INDEMNIFICATION. DEFENSE_HOLD 14ARhf9LESS. LICENSEE hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs'and demands,however caused, including those resulting from death or injury to LICENSEE'S employees and damage to LICENSEE'S property, arising directly or indirectly out of the grant of I.,icense herein contained, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence,sole negligence, or the sole willful misconduct of CITY. LICENSEE will conduct all defense at,its sole cost and expense. 4. INSURANCE. LICENTSEE shall carry at all times incident hereto, on all activities to be performed on or in the Premises as contemplated herein,general liability insurance, including coverage for bodily in" and roe damage. All insurance shall be underwritten by insurance �, Y JAY. property rtY g companies in forms satisfactory to CITY. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. 1 13-400311,104659 Item 8. - 4 HB -I 3)6- LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than Three. Rindred Thousand Dollars ($300,000)combined single limit coverage. 5. CERTIFICATES OF INSURANCE- ADDITIONAL INSURED ENDORSEMENT. Prior to the use of the Premises pursuant to this license, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement: said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty (30)days prior written notice to CITY. LICENSEE shall maintain the foregoing insurance coverages in force until this Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. LICENSEE shall pay, in a prompt and timely manner,the premiums,on all insurance hereinabove. required.. A separate copy of the additional insured endorsement to each of LICENSEE'S insurance policies,naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to the use of the Premises pursuant to this License. 6. RELEASE. LICENSEE hereby releases and forever discharges CITY of and from any and all claims,demands, actions or causes of action whatsoever which LICENSEE may have, or may hereafter have, against the CITY specifically arising out of the matter of the entry of LICENSEE onto the Premises. This is a complete and final release and shall be binding upon LICENSEE and the heirs, executors, administrators, successors and assigns of LICENSEE'S use of the Premises. LICENSEE hereby expressly waives any rights under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any payment made hereunder shall constitute any admission of any liability of CITY. 7. WASTE. LICENSEE shall not alter, damage or commit any kind of waste upon the Premises or any improvement,equipment or personal property thereon and shall not interfere in any manner with the operations or activities of CITY. LICENSEE,shall make no change in the physical appearance of the Premises or the use thereof without prior written consent of CITY'S Director of Public Forks. LICENSEE shall not cause any workmen's or aterialmen's liens to be placed upon the Premises and agrees to indemnify and hold CITY harmless against any such liens. 7 34U0311 t4Cry3 HB _1 ;7_ Item 8. - 5 8. MAINTENANCE; PROHIBITED ITEMS. LICENSEE agrees,to care for and maintain the Premises at its sole cost and expense in good and satisfactory condition as acceptable to the City. Maintenance shall include regular cleaning of the Premises including but not limited to removal of all rubbish, food stuffs,, paper, bottles, cans, gum, cigarettes, animal litter., dirt and sand. In the event LICENSEE does not maintain the Premises in a satisfactory manner, LICENSEE authorizes CITY to perform such-maintenance on LICENSEE'S behalf. All costs incurred performing said maintenance shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within ten(10) days of billing. In the event any damage is caused to the Premises as a result of the License authorized hereunder, LICENSEE agrees to repair same at its own expense. LICENSEE agrees not to plant trees, or place permanent structures, including above ground swimming pools, in or on the Premises. LICENSEE will not construct concrete foundations, slabs, or extensions of residences. Permanent electrical,plumbing or irrigation fixtures are not allowed. The parking of vehicles,boats,trailers,Recreational Vehicles including pop up trailers or fifth wheels, is not allowed. Fencing not to exceed forty-two inches(42") in height may be installed in accordance with the City of Huntington Beach Building Code and the prior written consent of CITY'S Director of Public Works. Upon any termination of this Agreement, LICENSEE-shall restore the Premises to its satisfactory condition as required by CITYS Director of Public Works. LICENSEE authorizes,LICE NSOR to perform such restoration on LICEN SEE's behalf:All costs incurred performing said restoration shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such posts within thirty (30) days of billing. 9. HAZARDOUS MATERIALS. CITY is unaware of, and has not received any notice or communication from any government agency having jurisdiction over the Premises, notifying CITY of the presence of surface or subsurface zone hazardous materials, waste, or contamination in, on, or under the Premises or any portion thereof. LICENSEE shall not allow the storage of any hazardous materials or waste on the Premises at any time,nor shall LICENSEE permit the contamination of the Premises, surface or subsurface,by such hazardous materials,waste or substances at any time. LICENSEE agrees to and shall indemnify, defend, and hold CITY and its officers, agents and employees,and its successors of interest harmless from and against all expenses, losses, or liabilities suffered by LICENSEE by reason of any damage, governmental action or third party claims arising out of the placement of such hazardous materials waste or substances on the surface or subsurface area of the Premises by LICENSEE, or the contamination, exacerbation,movement, or release, of any such bazardous material, substance or waste on the surface or subsurface area of the Premises by LICENSEE. LICENSEE shall keep any equipment used or brought onto the Premises under its absolute and complete control at all times and said equipment shall be used on the Premises at the sole risk of LICENSEE. 3 13-4003/104659 Item 8. - 6 'TB -1 38- 10. COMPLIANCE WITH LAW. LICENSEE shall at LICENSEE'S own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal,relating to LICENSEE'S use and occupancy of said Premises whether such statutes, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by LICENSEE in a proceeding brought against LICENSEE by any government entity,that LICENSEE has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between CITY and LICENSEE and shall be ground for termination of this License by CITY. 11. NO ASSIGNMENT. LICENSEE agrees that the permission herein extended shall be personal to it and that it shall not assign or permit any third party to avail itself of any of the privileges granted hereunder, without the express written permission of CITY. 12. NO TITLE INTEREST. No title interest of any kind is hereby given and LICENSEE shall never assert any claim or title to the Premises. 13. NOTICES. All notices given hereunder shall be effective when personally delivered or if mailed, within 48 hours of the deposit of such notice in the U.S. Mail,postage prepaid, and certified with return receipt requested and addressed to LICENSEE or to CITY at the respective addresses shown below: CITY: LICENSEE: Director of Public Forks City]of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 14. NO DISCRIMINATION. LICENSEE agrees that in performance of this Agreement and in the use of the Premises authorized hereunder, it will not engage in,nor permit its officers, agents or employees to engage in, any discrimination or discriminatory practices against any person based on race, religion,creed, color, natural origin, ancestry, physical handicap,medical condition, marital status or gender. 15. ATTORNEYS FEES. In the event.suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof,each party shall bear its, own attomey's fees. The prevailing party shall not be entitled to recover its attorney's fees. This License shall be governed by and construed pursuant to the laws of the state of California. 16. ENTIRETY. This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment,as may be mutually, agreed upon by the parties. 4 13-4003/104659 HB -1 3 9- Item 8. - 7 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on 12014. LICENSEE CITY OF Ht7NTINGTON BEACH, a municipal corporation of the State of California Public Works Director APPROVED AS TO FORM: s:µ -City Attorney 1 REVIE WED AND.APPROVED: City Manager 5 i s-400 10409 Item 8. - 8 1111 -140- ... . ......... ... ............ .................... THIS MAP WAS PREPARED FOR ORANO&L 025-05 (Jim YY ASSES5tt4 DEFT. PURPOSES ' ====-j 7- 113 ACCURACY NOR A ND S$ ANY Ln1A6,14 tDry I,- 100, FOR OTHER USES. ,OftSqE E, W)CF. A" RIM75 RD. 0 COPYRICHI ORAMW COUNTY 151MOo 2099 L SMET I M: 21 ir v, w T- —T, -LJ 1; N 10 1 k I xt 2 1 �6 05 1 M ti i D El R I s t 1 2 i� I I 33* C, c2a Z4 Z5 Z6 34 -6 C 59-5-2', k 33 1 C, C2 �t� 2 28 27:(D t r2 41 43 2;C2 D 2 1 31 -2 L i� I&I-2LT na 31 (6 2:'- in CL —9 7 29 14 W 9 22_j—1114t 30 As- k 32 2L gZ 1 00 T ZL 0 ('s)7 ?, ?6 cm 19 t.. 22 tar 23 K. g2 bi --- (35) 2 to 36 31 �4 30 Rs —3 ar 3=1 9 35 0 21 2 2 ar 1 21 Q)4 11 21 17 •0, $1 2 25 05-23 u, AIABAM4 & W 0, 1201 4 12 113 15 0 �7 Es C19 T 016.1 C30. C2, c-, T -$ w 1 w 3r)as, alw wl" us 7, 6 21Y 2. T7, 0 22 Ir • • Al 4 4 4 2 -ffi 10 2 7 6 4 1 12,Jf 10� S, 0-2 MiSe we" 24-06 SCE ',Substafion ---------------- --------- MUCH 1946 VISTA Oft MAR TRACT M.M. 4-3 NOM ASSESSOR'S BLOCK a ASSESSOR'S MAP PARCEL MAP P.M. Zoe-" PARCEL NUMBERS BOOK 025 PAGE 05 SHOWN IN CIRCLES CouNty OF ORANGE .......... EXHIBIT B Annual City License Fee Total Annual Parcel No. Area (S.F.) Annual License Fee Revenue 024-056-05 1,400 $ 700,00 $ 700.00 024-056-06 1,400 $ 700.00 $ 700.00 024-056-07 700 $ 500.00 $ 500,00 024-056-18 700 $ 500.00 $ 500.00 024-056-19 700 $ 500.00 $ 500.00 024-056-09 1,400 $ 700.00 700.00 024-056-10 1,400 $ 700.00 700.00 024-056-16 700 $ 500.00 500.00, 024-056-17 700 $ 500.00 $ 500.00 024-056-12 700 $ 500.00 $ 500,00 1024-056-13 1 1,400 1 $ 700.00 1 $ 700,00J 11,200 $ 3,500,00 $ 3,000.00 $ 6,500.001 Over 5 Years $ 32,500.00 Item 8. - 10 I-TB -14-