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HomeMy WebLinkAboutSCE - Southern California Edison - 2010-07-19 (9) 7, rcg f� Council/Agency Meeting Held Xoip/D Deferred/Continued to Approved Cond do all A pr d ❑ Denied C rk s Si &turd Council Meeting Date July 19 2010 Department ID Number ED 10-023 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO Honorable Mayor and City Council Members SUBMITTED BY Fred A Wilson, City Administrator PREPARED BY Travis B Hopkins Director of Public Works Stanley Smalewitz Director of Economic Development SUBJECT Approve and authorize execution of a five year License Agreement with Southern California Edison (SCE) for a Traffic Signal on Center Drive at One Pacific Plaza Statement of Issue A portion of the traffic signal located on Center Drive at One Pacific Plaza Huntington Center is in the Southern California Edison (SCE) right-of-way A License Agreement with SCE is required for the City to maintain its signal The existing License Agreement has expired and City Council approval is requested for a new Agreement Financial Impact Funds in the amount of $250 are available from the General Fund Traffic Signal Maintenance Account Number 10085304 64620 Recommended Action Motion to Approve the License Agreement between the City and Southern California Edison for the traffic signal on Center Drive at One Pacific Plaza and authorize the Mayor to execute the Agreement Alternative Action(s) Do not approve the proposed License Agreement with SCE This will necessitate that signal poles at the location be moved and if that is not possible that the signal be removed -37- heir' 3 - Page I REQUEST FOR COUNCIL ACTION MEETING DATE 7/19/2010 DEPARTMENT ID NUMBER ED 10-23 Analysis In 1993 the City installed a traffic signal at the intersection of Center Drive and One Pacific Plaza (north leg)/Huntington Center (south leg) A portion of this signal (south leg) is in the SCE right-of-way The existing License Agreement has expired and City Council approval is required for a new five (5) year Agreement through June 2014 The City will be charged a one time $250 fee for the License Agreement which is allocated in the Traffic Signal Maintenance Account SCE has prepared a new License Agreement which has been approved by the City Attorney as well as the Public Works and Economic Development Departments Environmental Status Not applicable Strategic Plan Goal Maintain and Enhance Public Safety Attachment(s) a Descri"ptiom 1 License Agreement between the City of Huntington Beach and SCE Item 3 - Page 2 -38- AA& TTACHMENT # 1 CITY OF HUNTINGTON BEACH Contract No 9000000002220 (formerly Contract No 2075) L I CENS E AGREEMENT INDEX 1 USE 2 TERM 3 CONSIDERATION 4 INSURANCE 5 LICENSORS USE OF THE PROPERTY 6 LICENSEE'S IMPROVEMENTS 7 LICENSEES PERSONAL PROPERTY 8 HEIGHT LIMITATIONS 9 ACCESS AND CLEARANCES 10 PARKING 11 FLAMMABLES, WASTE AND NUISANCES 12 PESTICIDES AND HERBICIDES 13 HAZARDOUS WASTE 14 SIGNS 15 FENCING 16 PARKWAYS AND LANDSCAPING 17 IRRIGATION EQUIPMENT 18 UNDERGROUND TANKS 19 UNDERGROUND FACILITIES 20 UTILITIES 21 TAXES ASSESSMENTS AND LIENS 22 EXPENSE 23 ASSIGNMENTS 24 COMPLIANCE WITH LAW 25 GOVERNING LAW 26 INDEMNIFICATION (MODIFIED) 27 TERMINATION 28 EVENTS OF DEFAULT 29 REMEDIES 30 NON POSSESSORY INTEREST 31 WAIVER 32 AUTHORITY 33 ATTORNEY FEES 34 ELECTRIC AND MAGNETIC FIELDS 35 NOTICES 36 RECORDING 37 COMPLETE AGREEMENT Contract No 9000000002220 (formerly Contract No 2075) LICENSE AGREEMENT THIS AGREEMENT made as of the � day of �GC�y� 20 between SOUTHERN CALIFORNIA EDISON COMPANY (SCE) a corporation organized under the laws of the State of California hereinafter called Licensor and CITY OF HUNTINGTON BEACH hereinafter called Licensee , WITNESSETH That Licensor for and in consideration of the faithful performance by Licensee of the terms covenants and agreements hereinafter set forth to be kept and performed by Licensee does hereby give to Licensee the license to use that certain real property described below and depicted on Exhibit A attached hereto and made a part hereof the ( Property ) solely for the purpose hereinafter specified upon and subject to the terms reservations covenants and conditions hereinafter set forth The subject Property is located in the City of Huntington Beach County of Orange State of California SUBJECT TO Covenants, conditions, restrictions reservations exceptions, rights and easements, whether or not of record 1 Use Licensee will use the Property for traffic signal purposes purposes only Licensor makes no representation covenant warranty or promise that the Property is fit for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation covenant warranty or promise Licensees failure to make such use of the Property as determined by the Licensor in its sole discretion will be grounds for immediate termination of this Agreement in accordance with Article 28 2 Term Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of five (5) years commencing on the first day of July 2009 and ending on the last day of June 2014 Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent agreement for any reason whatsoever regardless of the use Licensee makes of the Property the improvements Licensee places on or makes to the Property or for any other reason 3 Consideration Licensee will pay to Licensor the sum of Two Hundred Fifty and 00/100 Dollars ($250 00) upon the execution and delivery of this Agreement for the full term of this Agreement All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten percent (10%) of the amount due 4 Insurance During the term of this Agreement Licensee shall maintain the following insurance (a) Workers Compensation with statutory limits in accordance with the laws of the State of California and Employers Liability with limits of not less than $500,000 00 Licensee shall require its insurer to waive all rights of subrogation against Licensor its officers agents and employees except for any liability resulting from the willful or grossly negligent acts of the Licensor 1 (b) Commercial General Liability Insurance including contractual liability and products liability with a combined single limit of $1 000,000 00 Such insurance shall (1) name Licensor its officers agents and employees as additional insureds, but only for Licensees acts or omissions, (u) be primary for all purposes and (111) contain standard cross liability provisions (c) Commercial Automobile Insurance with a combined single limit of$1 000 000 00 Such insurance shall (1) cover the use of owned non owned and hired vehicles on the Property and (11) name Licensor, its officers agents and employees as additional insureds Licensee shall provide Licensor with proof of such insurance by submission of certificates of insurance pursuant to Section 35 "Notices " at least ten days prior to the effective date of this Agreement Such insurance shall not be canceled nor allowed to expire nor be materially reduced without thirty days prior written notice to Licensor, or provide a certificate of self insurance 5 Licensors Use of the Property Licensee agrees that Licensor its successors and assigns, have the right to enter upon the Property, at any time for any purpose and the right to conduct any activity on the Property Exercise of these rights by Licensor its successors and assigns, will not result in compensation to Licensee for any damages whatsoever to personal property and/or crops located on the Property 6 Licensees Improvements Licensee must submit for Licensors prior written approval complete improvement plans including grading plans identifying all existing and proposed improvements a minimum of sixty (60) days prior to making any use of the Property Licensee must submit for Licensors prior written approval plans for any modifications to such improvements Written approval may be modified and/or rescinded by Licensor for any reason whatsoever At any time Licensee may be required to modify and/or remove any or all such previously approved improvements at Licensees risk and expense and without any compensation from Licensor Licensor is not required at any time to make any improvements alterations changes or additions of any nature whatsoever to the Property Licensee expressly acknowledges that any expenditures or improvements will in no way alter Licensors right to terminate in accordance with Article 27 7 Licensees Personal Property All approved equipment and other property brought placed or erected on the Property by Licensee shall be and remain the Property of Licensee except as otherwise set forth herein If Licensee is not in default hereunder, Licensee shall have the right to remove the same from the Property at any time prior to the expiration or earlier termination of this Agreement provided however that Licensee shall promptly restore any damage to the Property caused by the removal If Licensee is in default, however such equipment or other property shall not be removed by Licensee without Licensors written consent until Licensee has cured such default, and Licensor shall have a hen thereon to the extent thereof 8 Height Limitations Any equipment used by Licensee or its agents, employees or contractors on and/or adjacent to the Property, will be used and operated so as to maintain a minimum clearance of twenty seven (27) feet from all overhead electrical conductors All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15) feet If requested by Licensor Licensee will remove, at Licensees expense any tree and/or other planting 9 Access and Clearances Licensee will provide Licensor with adequate access to all of Licensors facilities on the Property and at no time will there be any interference with the free movement of Licensors equipment and materials over the Property Licensor may require Licensee to provide and maintain access roads within the Property at a minimum usable width of sixteen (16) feet together with commercial driveway aprons and curb depressions capable of supporting a gross 2 load of forty (40) tons on a three axle vehicle The minimum width of all roads shall be increased on curves by a distance equal to 400/inside radius of curvature All curves shall have a radius of not less than 50 feet measured at the inside edge of the usable road surface Unless otherwise specified in writing by Licensor Licensee will make no use of the area directly underneath Licensors towers and will maintain the following minimum clearances at all times a A 50 foot radius around suspension tower legs and 100 foot radius around dead end tower legs b A 10 foot radius around all steel and wood poles NOTE Additional clearance may be required for structures 10 Parking Licensee will not park store repair or refuel any motor vehicles or allow parking storage repairing or refueling of any motor vehicles on the Property unless specifically approved in writing by Licensor 11 Flammables, Waste and Nuisances Licensee will not, nor allow others to place or store any flammable or waste materials on the Property or commit any waste or damage to the Property or allow any to be done Licensee will keep the Property clean free from weeds, rubbish and debris and in a condition satisfactory to Licensor Licensee will be responsible for the control of and will be liable for any damage or disturbance caused by dust odor flammable or waste materials noise or other nuisance disturbances Licensee will not permit dogs on the Property 12 Pesticides and Herbicides Any pesticide or herbicide applications and disposals will be made in accordance with all federal state county and local laws Licensee will dispose of all pesticides, herbicides and any other toxic substances declared to be either a health or environmental hazard, as well as all materials contaminated by such substances including but not limited to containers, clothing and equipment, in the manner prescribed by law 13 Hazardous Waste Licensee will not engage in or permit any other party to engage in any activity on the Property that violates federal state or local laws rules or regulations pertaining to hazardous toxic or infectious materials and/or waste Licensee will indemnify and hold Licensor its directors, officers agents and employees and its successors and assigns harmless from any and all claims loss damage, actions causes of action, expenses and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term and are attributable to the actions of, or failure to act by Licensee or any person claiming under Licensee 14 Signs Licensee must obtain written approval from Licensor prior to the construction or placement of any sign signboard or other form of outdoor advertising 15 Fencm Licensee may install fencing on the Property with prior written approval from Licensor Such fencing will include double drive gates a minimum of sixteen (16) feet in width designed to accommodate Licensors locks in locations specified by Licensor Licensee will ground and maintain all fencing 16 Parkways and Landscaping Licensee will keep parkway and sidewalk areas adjacent to the Property free of weeds and trash Licensee will maintain parkways and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor 17 Irrigation Equipment Any irrigation equipment located on the Property prior to the commencement of this Agreement including but not limited to pipelines, well pumping equipment and other structures is the property of Licensor and will remain on and be surrendered with the Property upon termination of this Agreement Licensee will maintain operate repair and replace, if necessary, all irrigation equipment at its own expense 3 18 Underground and Above Ground Tanks Licensee will not install underground or above ground storage tanks as defined by any and all applicable laws or regulations, without Licensors prior written approval 19 Underground Facilities Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three axle vehicle Licensee will compact any earth excavated to a compaction of ninety percent (90%) Licensee will relocate its facilities at its own expense so as not to interfere with Licensors proposed facilities 20 Utilities Licensee will pay all charges and assessments for or in connection with water electric current or other utilities which may be furnished to or used on the Property 21 Taxes, Assessments and Liens licensee will pay all taxes and assessments which may be levied upon any crops personal property and improvements including but not limited to buildings structures and fixtures on the Property Licensee will keep the Property free from all liens including but not limited to mechanics liens and encumbrances by reason of use or occupancy by Licensee or any person claiming under Licensee If Licensee fails to pay the above mentioned taxes assessments or liens when due Licensor will have the right to pay the same and charge the amount to the Licensee All accounts not paid within 30 days of the agreed upon due date will be charged a late fee on all amounts outstanding up to the maximum rate allowed by law 22 Expense Licensee will perform and pay all obligations of Licensee under this Agreement All matters or things herein required on the part of Licensee will be performed and paid for at the sole cost and expense of Licensee without obligation on the part of Licensor to make payment or incur cost or expense for any such matters or things 23 Assignments This Agreement is personal to Licensee and Licensee will not assign transfer or sell this Agreement or any privilege hereunder in whole or in part and any attempt to do so will be void and confer no right on any third party 24 Compliance with Law Licensee will comply with all applicable federal state county and local laws all covenants conditions and restrictions of record and all applicable ordinances, zoning restrictions rules regulations orders and any requirements of any duly constituted public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto Licensee will obtain all permits and other governmental approvals required in connection with Licensees activities hereunder 25 Governing Law The existence, validity, construction operation and effect of this Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California 26 Indemnification (MODIFIED) Licensee shall hold harmless defend and indemnify Licensor its officers agents and employees and its successors and assigns from and against all claims loss damage, actions causes of actions, expense and/or liability arising from or growing out of loss or damage to property, including that of Licensor or injury to or death of persons including employees of Licensor resulting in any manner whatsoever directly or indirectly by reason of this Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee except that the Licensee shall not be required to indemnify the Licensor from any claims arising from the sole negligence or willful misconduct of the Licensor its officers agents or employees Licensee understands and acknowledges that it has maintained a non possessory interest and occupancy of the Property for the entire term as specified in its prior License Agreement with Licensor dated as of July 1 1999 and has continued to maintain such occupancy from the termination date of 4 date of such License Agreement up to and through the date upon which this Agreement is executed, all in accordance with the terms covenants and conditions specified in the prior Agreement By executing this Agreement Licensee hereby agrees that the terms and obligations of Licensee under Article 26 of the prior License Agreement shall be effective and binding upon Licensee throughout the period the Licensee remained in occupancy on the Property up to the date upon which this Agreement is executed 27 Termination This Agreement may be canceled and terminated by either Licensor or Licensee at any time for any reason upon thirty (30) days notice in writing Licensee will peaceably quit surrender and prior to termination date restore the Property to a condition satisfactory to the Licensor Termination cancellation or expiration does not release Licensee from any liability or obligation (indemnity or otherwise) which Licensee may have incurred Licensees continued presence after termination,shall be deemed a trespass j 28 Events of Default The occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee (a) Any failure by Licensee to pay the consideration due in accordance with Article 3 or to make any other payment required to be made by Licensee hereunder when due (b) The abandonment or vacating of the Property by Licensee (c) Any attempted assignment or subletting of this Agreement by Licensee in violation of Article 23 (d) The violation by Licensee of any resolution ordinance statute, code regulation or other rule of any governmental agency in connection with Licensees activities pursuant to this Agreement (e) A failure by Licensee to observe and perform any other provision of this Agreement to be observed or performed by Licensee where such failure continues for the time period specified in a written notice thereof by Licensor to Licensee (fl Any attempt to exclude Licensor from the licensed premises (g) The making by Licensee of any general assignment for the benefit of creditors the appointment of a receiver to take possession of substantially all of Licensees assets located on the Property or of Licensees privileges hereunder where possession is not restored to Licensee within five (5) days the attachment execution or other judicial seizure of substantially all of Licensees assets located on the Property or of Licensees privileges hereunder where such seizure is not discharged within five (5) days (h) Any case proceeding or other action brought against Licensee seeking any of the relief mentioned in clause g of this Article which has not been stayed or dismissed within thirty (30) days after the commencement thereof 29 Remedies In the event of any default by Licensee then in addition to any other remedies available to Licensor at law or in equity Licensor shall have the immediate option to terminate this Agreement and all rights of Licensee hereunder by giving written notice of termination to Licensee Upon termination Licensor will have the right to remove Licensees personal property from the Property including but not limited to buildings structures and fixtures In addition Licensor may immediately recover from Licensee all amounts due and owing hereunder plus interest at the maximum rate permitted by law on such amounts until paid as well as any other amount necessary to compensate Licensor for all the detriment proximately caused by Licensees failure to perform its obligations under this Agreement 5- 30 Non-Possessory Interest Licensor retains full possession of the Property and Licensee will not acquire any interest temporary permanent irrevocable possessory or otherwise by reason of this Agreement or by the exercise of the permission given herein Licensee will make no claim to any such interest Any violation of this provision will immediately void and terminate this Agreement 31 Waiver No waiver by Licensor of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Licensee of the same or any other provision Licensors consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licensors consent to or approval of any subsequent act by Licensee 32 Authonty This Agreement is pursuant to the authority of and upon, and is subject to the conditions prescribed by General Order No 69 C of the Public Utilities Commission of the State of California dated and effective July 10 1985 which General Order No 69 C by this reference is hereby incorporated herein and made a part hereof 33 Attorneys Fees In the event of any action suit or proceeding against the other related to this Agreement or any of the matters contained herein the successful party in such action suit or proceeding shall be entitled to recover from the other party reasonable attorney fees incurred 34 Electric and Magnetic Fields ("EMF") There are numerous sources of power frequency electric and magnetic field ("EMF") including household or building wiring, electrical appliances and electric power transmission and distribution facilities There have been numerous scientific studies about the potential health effects of EMF Interest in a potential link between long-term exposures to EMF and certain diseases is based on the combination of this scientific research and public concerns While some 30 years of research have not established EMF as a health hazard some health authorities have identified magnetic field exposures as a possible human carcinogen Many of the questions about specific diseases have been successfully resolved due to an aggressive international research program However potentially important public health questions remain about whether there is a link between EMF exposures in homes or work and some diseases including childhood leukemia and a variety of other adult diseases (e g adult cancers and miscarriages) While scientific research is continuing on a wide range of questions relating to exposures at both work and in our communities a quick resolution of the remaining scientific uncertainties is not expected Since Licensee plans to license or otherwise enter SCE s property that is in close proximity to SCE's electric facilities SCE wants to share with Licensee and those who may enter the property under this agreement, the information available about EMF Accordingly SCE has attached to this document a brochure that explains some basic facts about EMF and that describes SCE s policy on EMF SCE also encourages Licensee to obtain other information as needed to assist in understanding the EMF with respect to the planned use of this property 35 Notices All notices required to be given by either party will be made in writing and deposited in the United States mail first class postage prepaid addressed as follows To Licensor Southern California Edison Company Corporate Real Estate Department Land Asset Management Land Operations 2131 Walnut Grove Avenue Rosemead, CA 91770 To Licensee City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 -6 Business Telephone No (714) 536-5580 Licensee will immediately notify Licensor of any address change 36 Recording Licensee will not record this Agreement 7 37 Complete Agreement Licensor and Licensee acknowledge that the foregoing provisions and any addenda and exhibits attached hereto constitute the entire Agreement between the parties IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed in duplicate as of the day and year herein first above written SOUTHERN CALIFORNIA EDISON COMPANY X Byr1� �� f "�Ali� ��llit � LICENSOR MARI§OL R SANCHEZ Land Services Agent Land Asset Management Metro Region Corporate Real Estate Department Transmission Commercial Management Date Approved B �1n CITY OF HUNTINGTON BEACH By Azc LICENSEE Print Name A APPROVED AS i JENNIFER McGpk cyAttorney B D ty C,ty Attorney to 8 � 41 1 R SCE , , 0 0 _. 0 SCALE IN FEET TO k RUZRENCle TRAMC SIGN ! )iUN N� c Ufa' Gr Pau m imrAm EXHIBIT FACE F RiE— S 1fk p % 1 5 .. cx 'D UOMEH iro T � r r ', ® City ®f Huntington each 2000 Main Street ® Huntington Beach, CA 92648 ® OFFICE OF THE CITY CLERK JOA►N L FLYNN 4! CITY CLERIC July 23 2010 Southern California Edison Company Real Estate Department 2131 Walnut Grove Avenue Rosemead CA 91770 To Whom it May Concern Enclosed for your records are four fully executed duplicate originals of the License Agreements between the City of Huntington Beach and Southern California Edison fo 1) affic_�ig_�al on Center Drive at One acific Plaza`'2) Arevalos Park (3) Edison Park and (4) Edison Community Park Sincerely I 0�4919) Joan L Flynn CMC City Clerk JF pe Enclosures G followup agrmthr Sister Cities Anjo Japan ® Waltakere New Zealand (Telephone 714 536 5227)