Loading...
HomeMy WebLinkAboutSCE - Southern California Edison - 1998-04-06 (8) Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied Cit er ' Sign e Council Meeting Date: 8/15/2005 Departme Number: CA 05-17 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAY O CITY COUNCIL MEMBERS r: SUBMITTED BY: JENNIFER MCGRA y Attorney PREPARED BY: JENNIFER MCGRA y Attorney LL SUBJECT: Southern California Edison License Agreements Amendment-,--. M4,M' Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attach,?�ent(s) Statement of Issue: The amendment to the City's License Agreements with-Southern California Edison would modify the current prohibition of dogs on their property which is licensed to the City as parkland areas. Funding Source: N/A Recommended Action: Authorize the Mayor and City Clerk to execute two original License agreement amendments with Southern California Edison. Alternative Action(s): Do not execute the amendments to the Southern California Edison License Agreements. Analysis: Based on input from many residents regarding the prohibition of dogs on Southern California Edison ("Edison") property used for parklands, Edison has agreed to modification of the clause in the original agreements that prohibits dogs. Through execution of these amendments, Edison will permit dogs that are securely restrained by a leash and in the control of its owner or keeper to be in and on their property licensed to the City of Huntington Beach. Environmental Status: N/A Attachment(s): NumberCity Clerk's Page . Description 1. Two original License Agreement Amendments ATTACHMENT #1 LICENSE AGREEMENT AMENDMENT THIS LICENSE AGREEMENT AMENDMENT (this"Amendment")is entered into by and between SOUTHERN CALIFORNIA EDISION COMPANY,a California corporation, ("SCE' and the CITY OF HUNTINGTON BEACH (the"City"),with reference to the following facts: RECITALS WHEREAS, the SCE as Licensor,has licensed certain real property located within the City limits to the City,as Licensee, for park purposes pursuant to those certain License Agreements identified below and attached hereto as Exhibit"A", WHEREAS,SCE and the City desire to amend the License Agreements as set forth herein to allow leashed dogs on licensed property, subject to the terms and conditions set forth herein, NOW,THEREFORE,in consideration of the mutual covenants and conditions contained in this Amendment,SCE and the City hereby agree to amend the License Agreements as follows: This amendment to the License Agreement shall allow leashed dogs within the Licensed Area,subject to and in accordance with: (i) the terms and conditions of this Amendment, (ii) the terms and conditions of the License Agreement and(iii) all City leash, sanitary and safety ordinances. (1) The City shall ensure that no owner or keeper of a dog shall allow,permit or suffer such dog, whether licensed or unlicensed,to be run at large within the Licensed Area,unless such dog is securely restrained by a substantial leash not exceeding six(6) feet in length,and such owner or keeper is competent to keep such dog under effective control. (2) The City shall not allow guard dogs,"dog parks"and any other use in the Licensed Area that is not in compliance with local ordinances or the terms, conditions and restrictions set forth in the License Agreement. Account No. Property No. Park Name Location Acct 2094 POBEL8581343 Lan enbeck Park S/O Garfield Acct 2145 POHBE858F62 Arevalos Park N/O Adams Acct 2147 POHBE888B21 Edison Community Park N/O Hamilton Acct 2150 POHBE888C21 Edison Park E/O Magnolia Acct 2152 POHBE888D22 Gisler Park S/O Atlantic Acct 2156 POHBE888E71 LeBard Park S/O Adams Except as otherwise herein provided,it is mutually understood and agreed that all terms,covenants,and conditions of said License Agreements shall be and remain in full force and effect. DATED AS OF AMSJ 2� K SOUTHERN CALIFORNIA EDISON COMPANY, CITY OF HUNTINGTON BEACH a corporation B 6V, B L C NSOR SNSEE Jennifer Ward ATTEST: Right of Way Agent Real Estate Operations B Corporate Real Estate Licensee Copy ITY CLERK M10-T2 _J I M0 0 Por. of E1/2,NW1/4,NE1/4, Sec. 1, T6S., R.11W, SBM 1 CARPlEYO ras R��wr AVENUE r I rst.e,xr $� 9, VOWA 1D° 4A , ?eRnoR:sioE oRivEb. a en •, .r !dl a..r ! 0 d �_ ► 0 100 200 400 In ► ® t t SCALE IN FEET ► 6YRCLd w •e' oNooSe o • ® ► ► 461' I ao M10-T3 1 M6-T1 661' Gz7I LEGEND: I LANDS OF SOUTHERN CALIFORNIA EDISON COMPANY BEING 1 LICENSED TO CITY OF HUNTINGTON BEACH LongenBeck Park (Parks and or public Recreation) ® APPROX. TOWER LOCATION (25' CLEARANCE) ----- APPROX. LOCATION OF 16' WIDE ACCESS ROAD TOTAL AREA(GROSS) I SQ.FT.356,320 AC.8.18 EXHIBIT " A' FACILITY NAME: BARRE - ELLIS 220KV T/L R/W I P.I.D. NO. 5012001 1 J.0. 0005 1 JAMIN ID,02g1s15178 LICENSEE: City of Huntington Beach RP File No: P81S024-1-33 I CITY,Huntington Beach T.G.- 858B4 PROPERTY NO. : pobe1858b43 R/P AGENT: A. Likely COUNTY- ORANGE I STATE,CA LAND MAPPING,RF ACCOUNT NO.: 2094 SOUIFIERN CAUFORNI.4 ZIEDISON SANDERS MAP NO.: 549259 & 60 OTHER REF.: Assessor Map 153/50 M.S., 42-90 & 91 DATE, 10/21/02 A,F.i)itiC4"LkTTP.NATIONAL"C—p.np File Name, pobel858b43.dwg ''�:i C F `' � � '� T(���F� U U f:) ,�,: (c T1 l '.. t •!��,....l..i ✓ )-T�•�_ !Ji dry Ak kjUND L_ ;,�:: �'JL�. � r4 UST BE �/ 11 L 1 C/L YORKT'OW.Al h vE. /11o�tt H L mt S. 1/.2— 5 FG• -j S. RA v r E l D w t4 TR c-r No. K .� .P S.E. LOR. TA. No. N 8 b•t �: .00 Mw1 N G N%. a v o ® I�AA;D 0WVED oy s C.F. Lo. C)EScR+ISFL IN LiCCVSL N.E. Coot- LcT �, - - ro c". o� Ya o TR. 7 TRACT '-f' 707 p' R-/W Fil-E tom. 04..-70- 061 �t,� R� ! I M. a 0 9f 33 -3S _ l ",to PRINT IS POP INFORKATIONA— Pu.RPOFF .5 Oh,Y 9 AND lW404jLD NOT MA AAAXW A pApT OP AM NN&TFd j*A hr EXHIBIT "A" to 4cdT. A/0— J. o. M. S. .2 90 Ifu+ , ivt r-ov C.otN - ELL is 71L MAP aG o� SCE o. 0-0 /9REA OE.SC�!/Ofp iN .c,c/.vsf To r-e G 1 Ty O I`1•C�/Ti�✓GTbnJ ,(3�AGr MCHO LAS BOLSAS POR. SEC. 13, T.6 S., R. 11 W., S.B.M. II M.M. 51 -10 I I I I I I I � I I I I 60 1 POR. SW 1/4 OF NE 1/4 I N 660' SE 1/4 OF NE 1/4 i I I I I "o I M WATER PIPE LJNE ------ - HAMILTON - - —AVE. 1 - ---j 0 g 0 I ( z a LEGEND L� LANDS OF SOUTHERN CALIFORNIA EDISON COMPANY 0 300 600 BEING LICENSED TO CITY OF HUNTINGTON BEACH SCALE IN FEET ® APPROXIMATE TOWER LOCATION (25' CLEARANCE) • APPROXIMATE WOOD POLE LOCATION (10' CLEARANCE) EXHIBIT "A" DTAL AREA (GROSS) SQ.FT. 355446.8 AC. 8.16 CILITY NAME: HUNTINGTON BEACH-ELLIS T/L P.I.D. NO. 5012004 1 J.O. 0005.224 JAMIN ID: GIS-15783 :ENSEE: CITY OF HUNTINGTON BEACH CITY: HUNTINGTON BEACH T.G.: 888 B2 OPERTY NO.: POHBE888B21 C.R.E. AGENT: A. LIKELY COUNTY: ORANGE STATE: CA MAPPING: RC ACCOUNT 2147 50WHERN CAUFORNNIIA' NDERS MAP NO.: 556827 OTHER REF.: - 0 E V SO I�i 5.: 41-90 DATE: 8-4-03 .tinrnsoti°..arsan, rnaac Con,punr Ii 7 b (� TLAN7-^ STRt�T 17 ' I ?o�' WI jt` �1A >n � i zo" r y cs�Z j.• t.rc (•wcc -CA 3774-4 77 line of — ' � Ur all .a q=t 1Wdk y., e -%•vier road ' <: LT11 � D _ &Am 11 rd ^7 �l 1 T S f 0 W. D: S.c E. Co Acct. 2isz fl� HUNTINGTON BEACH-ELLIS T/L R/W LICENSE SHOWING LAND DESCRIBED 4C AS A PARK LICENSE TO THE CITY OF HUNTINGTON BEACH, ORANGE COU Ra> M5 RV,5\/UE 6' CN►4IN LWK rE14C� l "POD. O F- 5EC. S I A 1©U)LL5 zumfiv eDi f TAP. Gs I o w s-IT-gq COATRwCTM C-4" iib ETRO►F�OL1TAi11 FISSION " x' )© R CL HsL6rS ltuD� �J PPROVED BY lTR3 192 1 �:::'- ��f�(/,i.1J11 ��E2.S ICtiDS D1Gi�1uQ AoLes i:bz �Qm RUD ` to-NCLE W . nt, -21B/41-`i-4` 7~ 7uln�s. DATE: h?�3Y a ' Z PROPERTY NO./FILE NO.rbii eWk WRRNICK R- j j NW COM •OF LOT I 1Q ZNDlAtr'rrPoL('S AVE, —• 01�.�t 1 s -POR O F •LOT 1 O F -T.a- Dtgy T17,F1C T ��r,�lL � G'CHRIN LINK FENCE I�I J`rt. !`�T• 4•- so tFIF 16.T�OuBLE !0/ cywTyYfl T R. �1 ! F9IVE eklEl uj 0 T-R. G003 • jP� •r�.ram.2 20/�-9-So ? � - • • L�G E ND 66 t LAND DESCRIBED IN LICENSETO lQI BEVERLY PR CITy Or HuNTtrvGToN EcRGH tGboc.cB�E I jU. � 1 -DFalVE GRTE j J FoR PARx -Pl1R r'o TES -PROP. r1CCESS RNID -PRTPiot. `PROF' if r ��, _ RoFlDS . / - EXISTING -PATROL-RORDS /o/ EXISTING 'TOWi=R LOGS T ION5. t DETRIL_ D.w.o. No. / L�/'> tyf )FUNC.z3I* us_ .4/ -91 r i� HUNTINGTON BEACH-ELLIS T/L R/W -EXHIBIT -• I P. I. D. NO, 5012004 � / - LE BARD PARK DWG. NO. 556828 Sf•:R 5��.:_�i'9.9 City of Huntington Beach -Acct. No. 2156 File NO. . 04-68=030 SCALE !"_Zoo' SURVEYOR Prop. #POHBE$$$E71 FLOITSO BY• FIELD BOOK CHXf KE:D Br -=-- SOUTHERN CALIFORNIA EDISON COMPAh►Y°,1 DATE t- Z- Cn CALCULATIOH� osilion; COnlntenl�s r • ~ r 0Or nal ❑Destroy Return LJ Call tut pickup � � c�s'!I(GZo � ,� .fib•�f�.- d.. (J "' ���/'�� '��� l5A' & ? - -1 �n of f a l 4 i i SIAN w x S i r �S f i, •i , ;ir o r i D • r S M ;;U •I M C mrn r D - I ell -t l f 11l A�C f i � 1 • ire MA � . . � o ,y 0 + i 1 C r D i C (� h' Prop.No. 1 OBEL888C21 A P - 1 4 9"-'2►3 1 C/O Huntineton Beach --Acct.2150 pl ORANGE COLJWY F'1 Huntington Beach-Ellis TL RW Edison Pk. 1 E/O Magnolia,N/S Hamilton RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Amendments to License Agreements with Southern California Edison COUNCIL MEETING DATE: 8/15/05 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Attached Contract/Agreement (w/exhibits if applicable) Not Applicable ❑ (Signed in full by the City Attorney) ❑ Subleases, Third Party Agreements, etc. Attached Not Applicable (Approved as to form by City Attorney Certificates of Insurance (Approved b the City Attorne Attached ( PP y y y) Not A plicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) AttachedNot Applicable Staff Report (If applicable) AttachedNot A .plicable Commission, Board or Committee Re ort If applicable Attached p ( pp ) Not Applicable Findings/Conditions for Approval and/or Denial Attached ElFindin g pp Not Applicable EXPLANATION FOR MISSING ATTACHMENTS.. REVIEWED RETURNED FORWARDED Administrative Staff ( ) ) Assistant City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: KC REQUEST FOR LATE SUBMITTAL (To accompany RCA's submitted after Deadline Department: Ci Attorney Subject Amendments to License Agreement w/Edison Council Meeting Date: Date of This Request: 8/5/05 8/15/06 REASON (Why is this RCA being submitted late?): Agreements were prepared by Edison and received just recently for review and approval by the City Attorney EXPLANATION (Why is this RCA necessary to this agenda?): Members of the public are anxious to have the issue of dogs in Edison parks resolved CONSEQUENCES How shall delay of this RCA adversely impact the City?): The citizens are concerned that they are unable to use the park with their dogs until the addendum is approved by City Council Signature: Approved 0 Denied Departm t ea Penelope Culbr th-Graft City Administrator Request for RCA Late Submittal edison 07/14/94 • J . OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH P.O. Box.19012000 Main Street Huntington Beach, CA 92648 (714) 536-5227 (714)374-1557 FAX LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL! REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: February 4. 2003 TO: Southern California Edison Co. ATTENTION: Name Corporate Real Estate Department DEPARTMENT: Street Real Estate ()jj=kCLt±UnS Divft±arl 14799 Chestnut Street REGARDING. License Agreement for City,State,Zip Westminster CA 92683 Langenbeck Park See Attached Action Agenda Item E-8 Date of Approval 1/21/03 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: 4� . Connie Brockway City Clerk Attachments: Action Agenda Page X Agreement X Bonds Insurance RCA Deed Other CC: Jim Engle, Director Cotnmunitg_ServicesX X Name Department RCA Ag rncnt Insurance Bonds A. Bodek Beal Estate_ X_ X Name Department RCA Agreement Insurance Bonds Name Department RCA Agreement Insurance Bonds Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other g:/foilowup/lettemtcoverltrRevA.doc F Council/Agency Meeting Held: Deferred/Continued to: vyu•� ;,Approved ❑ Conditionally Approved 0 Denied City Clerk's Signatur Council Meeting Date: January 21, 2003 Department ID Number: AS 03-02 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION i SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SI LVER, City Administrator 0606� PREPARED BY: CLAY MARTIN, Director of Administrative ServeHERN JIM B. ENGLE, Director of Community Service SUBJECT: APPROVE LICENSE AGREEMENT WITH SOALIFORNIA EDISON FOR LANGENBECK PARK Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: The five-year license agreement with Southern California Edison for the use of 8.19 acres, known as Langenbeck Park, will formally expire March 31, 2003. Southern California Edison has prepared a new five-year license agreement for the City's use of this property. Funding Source: The annual payment of $1,638 is budgeted in the Park Acquisition and D,velopment Fund. Recommended Action: Approve the license agreement with Southern California Edison for the use of 8.19 acres of property commonly known as Langenbeck Park, and authorize the Mayor and the City Clerk to execute any and all documents necessary to conclude this transaction. Alternative Action(s): Do not approve the license agreement with Southern California Edison and discontinue the use of this property as parkland. A=.1a[ysis:The City of Huntington Beach entered into a license agreement with Southern C-lifornia Edison (SCE) in 1982 for the use of 8.19 acres of SCE property on Magnolia Street si.)Aii of Garfield Street. The City has historically utilized the SCE property in conjunction with adjacent City-owned property for use as Langenbeck Park (see Attachment 1). The original Iil-t-ise agreement was for a five-year term and expired in 1987. It has been renewed for sl_...cessive five-year terms since that time. The current license agreement will expire March 31, 2003. The proposed license agreement would commence April 1, 2003 and expire March 31, 2008. In exchange for the use of the property, the City would pay an annual license fee of $1,638 to SCE. All other terms of the proposed license agreement remain virtually unchanged from previous agreements. SCE.langenbeckpark.01-21-03 -- 71312003 10:53 AM l REQUEST FOR COUNCIL ACTIDP MEETING DATE: January 21, 2003 DEPARTMENT ID NUMBER: AS 03-02 Environmental Status: NIA Attachment(s): City Clerk's Page Number No. Description 1 Map of Lan enbeck Park 2 Proposed license agreement with Southern California Edison RCA Author: Bodek x5445 DADocuments and SettingsVeedMLocal Settings7emporary Internet FileslOLKCISCE.langenbeckpark.01-21-03.doc -2- 12I2612002 10:24 AM • 1211 712042 1 0:46:54 AM G9rFOd Are. 8iterry cr. : fy _ MOC 0 ; 4Ne..car �!•-^t �.�,! ; y .t � �� � g i y'#T l��� - �I "`..�I i r�J l ��f-`1i� i,:'." { f{ FMraMartaa CY. r lilt I _T L J_—L � - 9fi a1aTE` t tip is it �-Act+1l'FI� Y ftC4L-' PAW- x - �+1.OW I lf' j T �,.. •Lt t !�i f f, Pi3,t f'!_ 16 �} Crsecaad Dr. ilf PiP� 4 4j'Ei ! El�t P 3 iII!}y ij; W91' • ,.w� ""� >_-'- � I. I -I Chwai Dr, Moprpalr lit i�f e cmide Dr. r ff f P a , 4 . /�„a s Iv at7G� a 1 z *tj� ( f i t 4 ! I Pra� io i i ! f 1@ Plf i. t�Pjt�' 9� Pli �l�'� glP b��J�! a r }jf�l. �i1�]`l�� f�.�.�. t__�__�--Et.�, • 1�� i�i t'_.����_.i�� }'9Ti�i�=f i Portion of Langenbeck Park owned by Southern California Edison N W E WR or S City of Huntington Beach Scale:I"= 512' i i CITY OF HUNTINGTON BEACH Property No. POBEL858B43 Account No. 2094 L I CENS E AGREEMENT INDEX 1. USE 2. TERM 3, CONSIDERATION 4. INSURANCE (Modified) 5 LICENSER'S USE OF THE PROPERTY 6. LICENSEE'S IMPROVEMENTS 7. LICENSEE'S 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 -ADDENDUM PARK USE Licensee Copy Property No. POBEL8581343 Account No. 2094 LICENSE AGREEMENT THIS AGREEMENT, made as of the 21st day of January 2003 , 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 further described as follows: Parcel 1: The West 200.00 feet of the East half of the Northwest quarter of the Northeast quarter of Section 1, Township 6 South, Range 11 West, San Bernardino Meridian. Parcel 2: The South 200.00 feet of the east half of the Northwest quarter of the Northeast quarter of Section 1, Township 6 South, Range 11, San Bernardino Meridian. SUBJECT TO: Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record including but not limited to, the following: A. A reservation for roads, as contained in the deed from the Stearns Rancho Company recorded March 26, 1990 in Book 49, page 269 of Deeds. B. An easement for roads, conduits, or pipelines for water, gas sewer, storm drain and other public utilities and incidental purposes, as reserved in the deed from Aldrich R. Peck and others recorded May 1, 1956. C. An easement to use, operate, maintain, repair, reconstruct, and replace that certain existing irrigation pipeline as reserved in the deed from Aldrich R. Peck and others recorded May 1, 1956. D. Easement for street purposes, in, under, along and across the Southerly 30.00 feet of the Northerly 50.00 feet of said land as granted to the City of Huntington Beach by a deed recorded July 9, 1971 as Instrument No. 7417, in Book 9713, page 36 of Official Records, in the office of the County Recorded of Orange County. E. A road easement to the City of Huntington Beach by a deed recorded February 4, 1974, in Book 11069, page 681 of Official Records, in the office of the County recorder of Orange County. -1- 0 . 1. Use: Licensee will use the Property for parks and/or public recreation 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. Licensee's 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 April, 2003 and ending on the last day of March, 2008. 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 One Thousand Six Hundred Thirty-Eight and 00/100 Dollars ($1,638.00) upon the execution and delivery of this Agreement for the first year; Yearly Payment Due Term Year Due Amount First Day Of First Year 2003 1,638.00 April Second Year 2004 1,638.00 April Third Year 2005 1,638.00 April Fourth Year 2006 1,638.00 April Fifth Year 2007 1,638.00 April All payments subsequent to the initial payment will be paid to the Southern California Edison Company, Post Office Box 800, Rosemead, California, 91770, Attention: Corporate Accounting Department - Accounts Receivable, All accounts not paid within 30 days of the agreed upon due date will be charged a late fee on all amounts outstanding. 4. Insurance (Modified): 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 Employer's Liability with limits of not less than $1,000,000.00. 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 gross negligent acts of the Licensor. (b) Commercial General Liability Insurance, including contractual liability and products liability, with a combined single limit of $2,000,000.00. Such insurance shall: (i) name Licensor, its officers, agents and employees as additional insureds, but only for Licensee's acts or omissions; (ii) be primary for all purposes and (iii) contain standard cross-liability provisions. (c) Commercial Automobile Insurance with a combined single limit of$1,000,000.00. Such insurance shall: (i) cover the use of owned, non-owned and hired vehicles on the Property and (ii) name Licensor, its officers, agents and employees as additional insureds. -2- 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. A City of Huntington Beach Certificate of self insurance shall be acceptable. 5. Licensor's 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. Licensee's Improvements. Licensee must submit, for Licensor's 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 Licensor's 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 Licensee's 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 Licensor's right to terminate in accordance with Article 27. 7. Licensee's 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 Licensor's written consent until Licensee has cured such default, and Licensor shall have a lien thereon to the extent thereof. S. 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-five (25) 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 any tree and/or other planting. 9. Access and Clearances: Licensee will provide Licensor with adequate access to all of Licenser's facilities on the Property and at no time will there be any interference with the free movement of Licensor's 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 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 Licensor's towers and will maintain the following minimum clearances at all times: a. A 25-foot-radius around all tower legs. b. A 10-foot-radius around all steel and wood poles. NOTE: Additional clearance shall be required for structures and other material improvements. -3- 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. All horticulture Licensees are required to provide a copy of the annual License for Pest Exclusion/Nursery Program from the State of California, Department of Food and Agriculture. 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. Sims: Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. 15. Fencing: 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 Licensor's locks, in locations specified by Licensor. Licensee will ground and maintain all fencing. 15. Parkways and Landsca in : 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. 18. Underground Tanks: Licensee will not install underground or above-ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's 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 to -4- • ! a compaction of ninety percent (90%). Licensee will relocate its facilities at its own expense so as not to interfere with Licenser's 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 Licensee's 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) - City of Huntington Beach - Park Use: To the extent permitted by law, City hereby agrees to protect, defend, indemnify and hold harmless SCE, its officers and employees, against any and all liability, claims, judgment costs and demands, including those resulting from death or injury to persons and damage to SCE's property, arising directly or indirectly out of the use of the Property by the City and the public. This indemnification does not include any liability, claims, judgment, costs and demands which 1) arise out of the negligence or willful misconduct of SCE or 2) which does not arise out of the City's or the public's use of the property as a park. 27. Termination: This Agreement may be canceled and terminated by either Licensor or Licensee, at any time, 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. Licensee's continued presence after termination shall be deemed a trespass. 28_ Events of Default: The occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee: -5- ! • (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 Licensee's 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. (f) 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 Licensee's assets located on the Property or of Licensee's privileges hereunder where possession is not restored to Licensee within five (5) days; the attachment, execution or other judicial seizure of substantially all of Licensee's assets located on the Property or of Licensee's 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 Licensee's 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 Licensee's failure to perform its obligations under this Agreement. 30. Non-Possessoryy 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. Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval of any subsequent act by Licensee. 32. Authority: 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. -6- • 0 33. Attorney 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 you to obtain other information as needed to assist you in understanding the EMF respect to your 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 Real Estate Operations Division 14799 Chestnut Street Westminster CA 92683 To Licensee: City of Huntington Beacll Real Estate Services Manager P.O. Box 190 Huntington Beach, CA 92648 Business Telephone No. (714) 536-6551 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 By 10011 ENSOR ALICE LIKELY Licensing Specialist Real Estate Revenue Corporate Real Estate Department CITY OF HUNTINGTON BEACH By- & r MtJ ?MA�� MAYOR LICENSEE ATTEST: APPROVED AS TO FORM: r ITY CLERK ' CITY ATTO EY REVIEWED AND APPROVED: ��_$� INITIATED AND APPROVED: /Z' RE L STATE SERVICES MANAGER CrfY ADMINISTRATOR REVIEWED AND APPROVED: r ` j` IRECTOR OF CUMV, Y SERVICES bs -8- ADDENDUM PARK USE A. Licensee must obtain the prior written approval from Licensor for the installation of any facilities, including any subsequent modifications. Licensee will maintain all facilities in a safe condition satisfactory to Licensor. B. At any time, Licensor may require the relocation of any portion of the facilities. Licensee will relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to relocate from Licensor. C. At Licensee's expense, Licensee will post signs at all access points to the Property that read: "No Kite Flying, Model Airplanes or Balloons Permitted, High Voltage Wires Overhead." D. At Licensee's expense, Licensee will post signs at all access points of the Property that read: "No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted." E. Licensee must close the park at any time Licensor deems it necessary for the safety of the general public. If it is necessary to close the park for a period of more than three days, Licensee will notify the general public of the closure by posting at all access points to the property. F. At Licensee's expense, Licensee will install removable post-type barriers designed to accommodate Licensor's locks, to prevent unauthorized vehicular use or parking, including but not limited to, motorcycles, off-road vehicles, and "all-terrain"vehicles. G. At Licensee's expense, Licensee will provide fencing or trespass discouragers on Licensor's towers. H. Licensee must design and construct all walkways, underground sprinkler systems, lighting facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three- axle vehicle. Lic e's Initials -1- MIO-TZ M® Z Por. ofE1/Z,NW1/4,NE1/4, Sec. 1,TbS.,R.11W, SBM r k zoo I a � � � Q o� 000a � 0 ID a IEa Q O • 0 100 200 400 CAW" k SCALE IN FEET � 000 • (ID 'lie lit Am 4 Ae Le I I (g) (9) ® 0 I 461' I awe I OCO-73 661, LJES.EK, I LANDS OF SOUTHERN CALIFORNIA EDISON COMPANY BEING i LICENSED TO CITY OF HUNTINGTON BEACH LangenBeck Paris (Parks and or public Recreation) ® APPROX. TOWER LOCATION (25' CLEARANCE) --�--- APPROX. LOCATION OF 16' WIDE ACCESS ROAD TOTAL AREA(GROSS)l sQ.FT.s5B,32a AC.8.18 EXHIBIT " A" FACILITY NAME: BARRIE - EUJB 220KV T/L R/W I P.I.D. NO. 5012001 1 J.O. 0005 JAMIN IDs02g1s15178 UCIr".NSEE: City of HtmOngton SNoh RP File No: P81 S024-1-33 CITY,Huntington Beach T.G., 85BB4 PROPERTY NO. : pobdB58b43 R/P AGENT: A. Llkefy COUNTY- ORANGE I STATE,CA LAND MAPPING]RF ACCOUNT NO.. 2094 SMIMURN CAUFC to SANDERS MAP NO.: 549259 & 60 OTHER REF.. Assessor Map 153/50 rl EDISON M.S., 42-90 & 91 DATE- 10/21/02 An EDISON lNlMI ATIONAc�cn,c.nv Fife Names pobef858b43.dwg REQUER FOR CITY COUNC ACTION 4 Dom; December 7 , 1992 _ Submitted to: The Honorable Mayor and City Council AppROYED BY CITY COUNCIL Submitted by: Michael Uberuaga, City Administratoraa x9. Prepared by: Ron Hagan, Director, Community Services _... —= CIT y CLr'A' Subject: PARK LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR LANGENBECK PARK Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: a STATEMENT OF ISSUE The eight-year license agreement with Southern California Edison Company for rental of 8.19 acres of Edison right-of-way for neighborhood park purposes (Langenbeck Park) will expire March 31, 1993. RECOMMENDATION Approve the license agreement with Southern California Edison Company to utilize 8.19 acres of Edison easement property for five years at $100 per acre per year, and authorize the Mayor to execute same. ANALYSIS The city originally entered into a license agreement with Southern California Edison Company on March 15, 1982, to utilize 8.19 acres of Edison property between Magnolia Street and Lookout Lane as part of Langenbeck Park. The Edison Company charges $100 an acre per year for its property. The lease is for five years. FUNDING SOURCE Park Acquisition and Development Fund, $819 per year. ATTACHMENT License Agreement RH:cs PIO 5/85 4 R CITY OF HUNTINGTON BEACH RP File No. P81 S024-1-33 LICENSE AGREEMENT INDEX 1. USE 2. TERM 3. CONSIDERATION 4. LIABILITY INSURANCE 5 LICENSORS USE OF THE PROPERTY 6, LICENSEE'S IMPROVEMENTS 7. LICENSEE'S PERSONAL PROPERLY 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 27. TERMINATION 28. EVENTS OF DEFAULT 29. REMEDIES 30. NON-POSSESSORY INTEREST 31. WAIVER 32. AUTHORITY 33. ATTORNEY FEES 34. NOTICES 35. RECORDING 36. COMPLETE AGREEMENT ADDENDUM PARK USE 0 RP File No. P81 S024-1-33 LICENSE AGREEMENT THIS AGREEMENT, made as of the 7th day of December 19 92 between SOUTHERN CALIFORNIA EDISON COMPANY, 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. That property located in the City of Huntington Beach, County of Orange, State of California, further described as follows: Parcel 1: The West 200.00 feet of the East half of the Northwest quarter of the Northeast quarter of Section 1, Township 6 South, Range 11 West, San Bernardino Meridian. Parcel 2: The South 200.00 feet of the East half of the Northwest quarter of the Northeast quarter of Section 1, Township 6 South, Range 11, San Bernardino Meridian. SUBJECT TO: Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record, including, but not limited to, the following: A. A reservation for roads, as contained in the deed from The Stearns Rancho Company recorded March 26, 1990 in Book 49, page 269 of Deeds. B. An easement for roads, conduits, or pipelines, for water, gas, sewer, storm drain and other public utilities and incidental purposes, as reserved in the deed from Aldrich R Peck and others recorded May 1. 1956. C. An easement to use, operate, maintain, repair, reconstruct, and replace that certain existing irrigation pipeline, as reserved,in the deed from Aldrich R. Peck and others recorded May 1, 1956. D. Easement for street purposes, in, under, along and across the Southerly 30.00 feet of the Northerly 50.00 feet of said land as granted to the City of Huntington Beach by a deed recorded July 9, 1971 as Instrument No. 7417 in Book 9713, page 36 of Official Records, in the office of the County Recorder of Orange County. E. A road easement to the City of Huntington Beach by a deed recorded February 4, 1974, in Book 11069, page 681 of Official Records, in the office of the County Recorder of Orange County. -1- j 1. 5g_. Licensee will use the Property for parks 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. Licensee's 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 ih'st day of April, 1993 and ending on the last day of March, 1998. 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 Eight Hundred and Nineteen and 00/100 Dollars ($819.00) upon the execution and delivery of this Agreement for the first year; Eight Hundred and Nineteen and 00/100 Dollars ($819.00) for the second year; Eight Hundred and Nineteen and 00/100 Dollars ($819.00) for the third year; Eight Hundred and Nineteen and 00/100 Dollars ($819.00) for the fourth year, and Eight Hundred and Nineteen and 00/100 Dollars ($819.00) for the fifth year of the Agreement term, payable annually in advance on the first day of April of each succeeding year of the Agreement term. All payments subsequent to the initial payment will be paid to the Southern California Edison Company, Post Office Box 800, Rosemead, California, 91770. Attention: Corporate Accounting Department - Financial Accounting. All accounts not paid within 30 days of the agreed upon due date will be charged a ten percent (100/0) "late fee" on all amounts outstanding or at the maximum rate allowed by law. 4. Liability Insurance: Licensee will insure its liabilities which may result from its activities hereunder by the purchase of a liability insurance policy with a Combined Single Limit of not less than Two Million and 00/100 Dollars ($2,000,000.00) and will include Licensor as an additional insured, Licensee will provide Licensor with evidence of such insurance upon request. 5. Licensor's 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. Licensee's Imgroy.gments: Licensee must submit, for Licensor's prior written approval, complete improvement plans, including grading plans, identifying all existing and proposed improvements, prior to making any use of the Property. Licensee must submit, for Licensor's 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 Licensee's 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 Licensor's right to terminate in accordance with Article 27. 7. Licensee's 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 thirty (30) days after the expiration or earlier termination of this Agreement; provided, however, that Licensee shall promptly restore any damage -2- 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 Licensor's written consent until Licensee has cured such default, and Licensor shall have a lien thereon to the extent thereof. S. 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 seventeen (17) 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 any tree and/or other planting. 9. Access and Clearances: Licensee will provide Licensor with adequate access to all of Licensor's facilities on the Property and at no time will there be any interference with the free movement of Licensor's equipment and materials over the Property. Licensor may require Licensee to provide and maintain access roads within the Property, at a minimum of sixteen (16) feet in width, together with commercial driveway aprons and curb depressions capable of supporting a gross load of forty (40) tons on a three-axle vehicle. Unless otherwise specified in writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances at all times: a. A 25-foot-radius around all tower legs. b. A 10-foot-radius around all steel and wood poles. 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 andNui n : 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 andH r i i : 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. 51n : Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. 15. F n in : 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, -3- } 0 • designed to accommodate Licensor's locks, in locations specified by Licensor. Licensee will ground and maintain all fencing. 16. Parkways and LaDdscapi": 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. 18. Underground Tanks: Licensee will not install underground or above-ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval. 19. UndergrQund 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 to a compaction of ninety percent (90%). Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's 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.AasCasments and Liens: Licensee will pay all taxes and assessments which may be levied upon any crops, personal property, and real property, 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 ten percent (10%) "late fee" on all amounts outstanding or at 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 Licensee's 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 Iaws of the State of California. -4- 26. Indemndfication: 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. 27. Termination: This Agreement may be cancelled and terminated by either Licensor or Licensee, at any time, 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. Licensee's continued presence after termination shall be deemed a trespass. 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 Licensee's 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. (f) 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 Licensee's assets located on the Property or of Licensee's privileges hereunder where possession is not restored to Licensee within five (5) days; the attachment, execution or other judicial seizure of substantially all of Licensee's assets located on the Property or of Licensee's 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. RCmedies: 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 Licensee's 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 Licensee's failure to perform its obligations under this Agreement. -5- 30, Npn-_PQssess= 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. Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval of any subsequent act by Licensee. 32. Authority: 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. A rn ' 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. 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 Real Properties and Administrative Services Land Services Division 500 N. State College, Suite 750 Orange, CA 92668 To Licensee: City of Huntington Beach P. O.Box 190 Huntington Beach, CA 92648 Business Telephone No. (714) 536-5281 Licensee will immediately notify Licensor of any address change. 35. Recording: Licensee will not record this Agreement. 36. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any addendums and exhibits attached hereto constitute the entire Agreement between the parties. -6- 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 By - LICENSOR A.E. KNUDSEN Regional Manager Land Services Division Real Properties and Administrative Services CrIY OF HUN71NGTON BEACH By mayor LICENSEE ATTEST- b1b City Clerk APPROVED AS TO FORM: ty Attorney ts. y v REVIEWED AND APPROVED: TNI TED AN PROVED: Gr2� CiW Administrator Director of CoWnunity Services. Lionow -7- ADDENDUM PARK USE i A. Licensee must obtain the prior written approval from Licensor for the installation of any facilities, including any subsequent modifications. Licensee will maintain all facilities in a safe condition satisfactory to Licensor. B. At any time, Licensor may require the relocation of any portion of the facilities. Licensee will relocate same, at its expense to a location satisfactory to Licensor within sixty (60) days after receiving notice to relocate from Licensor. C. At Licensee's expense, Licensee will post signs at all access points to the Property that read: "No Kite Flying, Model Airplanes or Balloons Permitted, High Voltage Wires Overhead". D. At Licensee's expense, Licensee will post signs at all access points to the Property that read: "No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted". E. Licensee must close the park at any time Licensor deems it necessary for the safety of the general public. If it is necessary to close the park for a period of more than three days, Licensee will notify the general public of the closure by posting all access points to the Property. F. At Licensee's expense, Licensee will install removable post-type barriers designed to accommodate Licenser's locks, to prevent unauthorized vehicular use or parking, including but not limited to, motorcycles, off-road vehicles, and "all-terrain" vehicles. G. At Licensee's expense, Licensee will provide fencing or trespass discouragers on Licensor's towers. H. Licensee must design and construct all walkways, underground sprinkler service systems, lighting facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three-axle vehicle. Licensee's Initials if NIL Orr f J EXHIBIT "A I I V • lv F. I.D. 5012001 c # 549259 & 549260 %e4 R/W Fife # P81S024-1-33 Mlo _r.V a M 10 TO l z Licensed Area for City Park J. O. M, 5. 16 foot wide access road 13ARRE ELLIS 2 P. I. D. No. 5012001 Lands Licensed to DWG. NO. 549259 & 549260 City of Huntinaton Beach for City Park SER. SOUTHERN CALIFORNIA EDISON CO. + 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 RISK MANAGEMENT DIVISION (714) 536-5990 S.Z.C. 92-030 Issued 10-13-92 CERrIFICAT CI s-E L ->!14SURANCE This is to certify that the City of Huntington Beach, California is a self-insured public entity_ The City is self-insured for liability and workers` compensation. Suitable cash reserves to afford coverage for uninsured losses and our self-insurance coverage is $1,000,000. The City will furnish 30 days written notice of any charges in the above. ATTEST: APPROVED AS TO FORM: Connie Brockway Gail Hutton f' L City Clerk City Attorney INITIATING DEPAR MJaJr': Ka en S. Foster Risk Manager This form is provided to the Southern California Edison Company, 7333 Bolsa Ave. , Westminster, CA 92683 in conjunction with the Park License Agreements File #04-70-054 Gisler Park, 04-69-076 Edison Park, 04-70-061 Arevalos Park, 04-68-030 LeBard Park, 04-71-049 Edison Community Center and 04-81-024 Langenbeck Park. Address all inquiries regarding City insurance coverage and limits to the Risk 'Manager. All claims shall be filed with the City Clerk, 2000 Main Street, Huntington Beach, California 92648. CITY OF HUNTINGTON BEACH . 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 9, 1992 Southern California Edison Company Real Properties & Administrative Services 500 North State College, Suite 750 Orange, CA 92668-9605 The City Council of the City of Huntington Beach at the regular meeting held Monday, December 7, 1992, approved a License Agreement between the City of Huntington Beach and Southern California Edison Company for rental of 8.19 acres of Edison right-of-way for neighborhood park purposes (Langenbeck Park) , Enclosed is an executed agreement for your tiles along with a Certificate of Self-Insurance. Connie Brockway City Clerk . CB:bt Enc. (Telephone:714-536.5227) I, HUNTINGTON BEACH 04--81-024CH L I C E N S E A G R E E M E N T I N D E X 1 . USE 2 . TERM 3 . CONSIDERATION 4 . NOTICES S . LIABILITY INSURANCE 6 . HEIGHT LIMITATIONS 7 . ASSIGNMENTS 8 . NON-POSSESSORY INTEREST 9 . CICENSOR ' S RESERVATIONS 10. LICENSEE ' S IMPROVEMENTS 11 . ACCESS AND CLEARANCES 12 . PARKING 13 . FLAMMABLES, WASTE AND NUISANCES 14. PESTICIDES AND HERBICIDES 15 . UNDERGROUND TANKS 16 . HAZARDOUS WASTE 17 . UNDERGROUND FACILITIES 18 . IRRIGATION EQUIPMENT 19 . PARKWAYS AND LANDSCAPING 20 . FENCING ` 21 . SIGNS 22 . AUTHORITY 23 . INDEMNIFICATION 24. UTILITIES 25 . TAXES, ASSESSMENTS AND LIENS 26 . GOVERNING LAW 27 . HOLDING OVER 28 . TERMINATION 29 . ABANDONMENT 30. REMEDIES 31 . ATTORNEY 'S FEE 32 . RECORDING ADDENDUM PARK USE LICENSEE'S CCU'' 04--81--024CH LICENSE AGREEMENT THIS AGREEMENT, made as of the c�d day of 19 � between SOUTHERN CALIFORNIA EDISON COMPANY , 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 here- inafter set forth to be kept and performed by Licensee , does hereby give to Licensee the license to use that certain real property here— inafter described and referred to as "licensed property, " solely for the purpose hereinafter specified, upon and subject to the terms , reservations , covenants and conditions hereinafter set forth . The licensed property hereinabove referred to is located in the City of Huntington Beach, County of Orange , State of California, and is further described as follows : PARCEL 1 : The West 200.00 feet of the East half of the Northwest quarter of the Northeast quarter of Section 1 , Township 6 South, Range 11 West , San Bernardino Meridian . PARCEL 2 : The South 200 . 00 feet of the East half of the Northwest quarter of the Northeast quarter of Section 1 , Township 6 South, Range 11 , San Bernardino Meridian . The hereinabove described licensed property is shown on the print attached hereto, marked Exhibit "A" , said print being for information purposes only . SUBJECT TO: Covenants , conditions , restrictions , reservations , exceptions , rights and easements , whether or not of record , including but not limited to, the following : 1 . A reservation for roads , as contained in the deed from The Stearns Rancho Company recorded March 26 , 1990 in Book 49 , page 269 of Deeds . 2 . An easement for roads , conduits , or pipelines , for water, gas , sewer, storm drain and other public utilities and incidental purposes , as reserved in the deed from Aldrich R . Peck and others recorded May 1 , 1956 . —1-- s 3 . An easement to use , operate , maintain, repair, reconstruct, and replace that certain existing irrigation pipeline, as reserved in the deed from Aldrich R . Peck and others recorded May 1 , 1956 . 4. Easement for street purposes , in, under, along and across the Southerly 30 . 00 feet of the Northerly 50.00 feet of said land as granted to the City of Huntington Beach by a deed recorded July 9 , 1971 as Instrument No . 7417 in Book 9713 , page 36 of Official Records , in the office of the County Recorder of Orange County . 5 . A road easement to the City of Huntington Beach by a deed recorded February 4, 1974, in Book 11069 , page 681 of Official Records , in the office of the County Recorder of Orange County . The foregoing license is made subject to the following terms and conditions , all of which Licensee hereby agrees to comply with and perform. Additionally , this License agreement is made subject to the terms and conditions of the addendum attached hereto and made a part hereof, all of which Licensee further agrees to comply with and perform . 1 . Use : Licensee agrees to use the licensed property for park purposes only . Licensor makes no representation, covenant, warranty or promise that said licensed property is fit for any particular use , including the use for which this license is granted and Licensee is not relying on any such representation, covenant, warranty or promise . 2 . Term: Unless otherwise terminated as provided herein, this license shall be for a term of eight (8) years commencing on April 1 , 1985 , and ending on March 31 , 1993 . 3 . Consideration : Licensee agrees to pay to Licensor the sum of Eight Hundred Nineteen and 00/100 Dollars ($819 .00) upon the execution and delivery of this license for the first year of said license, and Eight Hundred Nineteen and 00/100 Dollars ($819 .00) for each succeeding year of said license term, payable annually in advance on the 1st day of April of each succeeding year of said license term. All payments subsequent to the initial payment should be paid to the Southern California Edison Company , Post Office Box 800, Rosemead, California, 91770, Attention : Corporate Accounting Department - Financial Accounting . All accounts not paid within 30 days of the agreed due date will be charged a "late charge" at the maximum rate allowed by law. 4. Notices : All notices which are required to be given by either party hereto to the other, shall be deemed to have been duly given when made in writing and deposited in the United States mail , first class , postage prepaid, addressed as follows : -2- To Licensor : Southern California Edison Company Real Properties Department Property Management Section P . 0. Box 410 Long Beach, California 90801 To Licensee ; Community Services City of Huntington Beach P .O . Box 190 Huntington Beach, CA 92648 Telephone No , (714) 536-5292 Licensee agrees to promptly notify Licensor of any address change . 5 . Liability Insurance : Licensee agrees to insure its liabilities which may arise from its activities hereunder by the purchase of a liability insurance policy with a Combined Single Limit of not less than Two Million and 00/100 Dollars ($2, 000,000.00) and shall include Licensor as an additional insured . Licensee agrees to provide evidence of such insurance upon request . 6 . Height Limitations : Licensee agrees that at all times during the term of this license any equipment used by it or its agent employees or contractors on and adjacent to the licensed property shall be used and operated so as to at all times maintain a minimum clearance of seventeen ( 17) feet from all overhead electrical conductors located on said licensed property . Licensee also agrees that all trees or plants located on the licensed property shall be maintained by Licensee and Licensee shall trim or if requested by .Licensor shall remove any tree or other planting which exceeds fifteen ( 15) feet in height . 7 . Assignments : This license is personal to Licensee , and Licensee shall not assign or transfer this license or any privilege thereunder, in whole or in part, and any attempt so to do shall be void and shall confer no right on any third party . 8 . Non—Possessory Interest : No permanent or possessory interest shall accrue to Licensee in the licensed property by reason of this license or by exercise of the permission given and Licensee agrees to claim no such interest . 9 . • Licensor ' s Reservations : Licensor reserves for itself, its successors and assigns , the right to construct, maintain, including the periodic washing of Licensor ' s electrical insulators , operate , repair, replace and/or inspect, in, on, over, under and across said licensed property, electric power lines , telephone lines and/or pipelines or conduits , together with appurtenant structures . Licensor also reserves the right to construct, maintain and use roads across said licensed property , and the right to use said licensed property , or any portion thereof, for any purpose that said Licensor —3— may desire in connection with its business , together with the right to enter upon said licensed property , or any portion thereof, at all times , for any or all of the above mentioned purposes , All of the aforementioned rights may be exercised without the payment of any compensation or damages whatsoever for destruction of or damage to crops or personal property on the licensed property resulting from the exercise of said rights . 10. Licensee ' s Improvements : Licensee must submit complete improvement plans for the licensed property, including grading plans , identifying all existing and proposed improvements . Licensee shall obtain Licensor' s written approval of said plans , including any subsequent modification thereof, prior to making any use of the licensed property . Said written approval may be modified and/or rescinded if the Licensor' s operating requirements are changed for any reason whatsoever . In any event, however, the Licensee may be required to modify and/or remove any or all such previously approved buildings and/or structures at Licensee ' s sole risk and expense and without any compensation from Licensor. Licensor shall not be called upon or required, at any time, to make any improvements , alterations , changes or additions of any nature whatsoever to the licensed property . 11 . Access and Clearances : Licensee shall provide Licensor with adequate access to all of Licensor ' s facilities and at no time is there to be any interference with the free movement of Licensor ' s equipment and materials . If required at any time by Licensor, Licensee shall provide, at its own expense, access roads sixteen ( 16) feet in width together with commercial driveway aprons and curb depressions as specified by Licensor . Said roads , commercial drive— way aprons and curb depressions shall be capable of supporting a gross load of forty (40) tons on a three—axle vehicle, and shall be maintained by Licensee, at Licensee ' s expense, so as to be passable at all times , and shall be kept clear of any planting or other obstructions at all times so as to provide ready access to Licensor' s facilities . In connection with the use of said licensed property, it is specifically agreed that Licensee shall , unless otherwise specified in writing by Licensor, make no use of the area directly underneath Licensor ' s towers and shall maintain the following clearances , at all times : a . A 25—foot—radius around all tower legs . b . A 10—foot—radius around all steel poles . C . A 5—foot—radius around all wood poles . 12 . - Parking : Licensee agrees not to park , store, repair or refuel any motor vehicles or to allow the parking , storage, repairing or refueling of any motor vehicles on any portion of said licensed property, unless specifically approved in writing by Licensor . 13 . Plammables , Waste and Nuisances : Licensee agrees that it will not place or store any flammable materials within the boundaries of the licensed property , that it will not commit any waste or damage, nor suffer any to be done . Licensee also specifically agrees —4— that it will not allow others to take such actions within the boundaries of the licensed property . Licensee further agrees that it will keep the licensed property clean, free from weeds , rubbish and debris , and in a condition satisfactory to Licensor . Licensee shall also provide adequate controls for dust, odors and noise and take appropriate steps necessary to prevent dust contamination of Licensor ' s facilities located on, near or adjacent to the licensed property . Licensee also agrees to take preventive action to eliminate such dust, odors , noise or any other nuisance which may disturb the adjacent or nearby community and agrees to be responsible for and to assume all liability for such dust , odor, noise or other nuisance disturbances . 14. Pesticides and herbicides : Licensee agrees that any pesticide or herbicide applications on the licensed property shall be made in accordance with all Federal , State , County and local laws . Licensee further agrees to dispose of any pesticides , herbicides or any other toxic substances which are declared to be either a health or environmental hazard in such a manner as prescribed by law. This will include , but not be limited to , contaminated containers , clothing , equipment or any other contaminated material . 15 . Underground Tanks : Notwithstanding anything to the contrary set forth in this agreement, Licensee shall not have the right to install underground or above--ground storage tanks , as defined by any and all applicable laws or regulations , without the prior written consent of the Licensor. 16 . Hazardous Waste : Licensee shall not engage in, or permit any other party to engage in, any activity on the premises that violates any federal , state or local laws , rules or regulations pertaining to hazardous , toxic or infectious materials and/or waste . Licensee shall 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 actions , expenses and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials and/or wastes as defined by applicable laws or regulations , which are attributable solely to the actions of, or failure to act by, Licensee . 17 . Underground Facilities : Any underground facilities installed or maintained by Licensee within the licensed property shall have a minimum cover of three feet . All said underground facilities shall be constructed so as to withstand a gross load of forty (40) tons on a three—axle vehicle . It is expressly understood that in the event such facilities of Licensee interfere with the construction of additional facilities by Licensor, Licensee will reimburse Licensor for the difference in cost to construct and maintain Licensor ' s proposed facilities so as not to interfere with Licensee ' s facilities , or at the option of Licensor, Licensee will relocate its facilities at its own expense so as not to interfere with Licensor ' s proposed facilities . Licensee shall compact any earth disturbed by Licensee within licensed property to a compaction of ninety (90%) percent . —5— 18 . Irrigation Equipment : licensee agrees that any and all irrigation pipelines , well pumping equipment and other structures , buildings and fixtures appurtenant thereto, hereinafter collectively referred to as "irrigation equipment" , located on the licensed property at the commencement of Licensee ' s occupancy thereof, are the property of licensor and shall remain upon and be surrendered with the premises upon the termination of this license or any renewal or extension thereof . In consideration of the privilege of using the same, Licensee agrees to maintain, operate, repair and replace if necessary, at Licensee ' s sole cost and expense, said irrigation equipment during the continuance of this license . Any irrigation equipment placed on the licensed property by Licensee, the installa— tion of which is made with the consent of Licensor and for which a rent adjustment is made , and all irrigation equipment installed by Licensee to replace such equipment located on said licensed property at the time Licensee entered into possession thereof, shall thereupon be and become the property of Licensor and shall remain upon and be surrendered with the licensed property upon the termination of this license or any renewal or extension thereof . Licensee agrees to promptly deliver to Licensor a good and sufficient bill of sale for all such irrigation equipment installed on said licensed property at the time the same is installed . Licensee further agrees that no such irrigation equipment shall be purchased on other than a cash basis . 19 . Parkways and Landscaping : Licensee agrees to keep parkway and sidewalk areas adjacent to said licensed property free of weeds and trash . Licensee further agrees to maintain said parkways and to provide landscaping in a manner that is compatible with the adjoining properties and in a manner satisfactory to Licensor . 20 . Fencing : Licensee .may :'install fencing on said licensed property , provided Licensee obtains the prior written approval of Licensor therefor . In the event Licensee installs fencing , double drive gates sixteen ( 16) feet in width shall be provided in such locations as specified by licensor and shall be designed to accommo— date Licensor ' s locks . Any metallic fencing shall be effectively grounded by Licensee . Licensee agrees to promptly deliver to Licensor, a good and sufficient bill of sale for said fencing and agrees to maintain said fencing at Licensee ' s sole cost and expense . Notwithstanding the above , Licensee shall not install , operate or maintain or cause or permit to be installed , operated or maintained any electrically charged fence on the licensed property . 21 . Signs : Licensee agrees not to allow the construction or placement of any sign , signboard or other form of outdoor advertising on said licensed property , without prior written approval of Licensor . In the event of a violation of this provision by Licensee or any one claiming under Licensee , Licensor shall have the right to enter upon said licensed property and to remove and dispose of any such sign, signboard or other outdoor advertising and to charge the cost and expense of any such removal and disposal to Licensee who agrees to pay the same on demand . —6— 22 . Authority : This license is given pursuant to the author— ity of and upon and 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 . 23 , Indemnification : To the extent that it is legally possible to do so, Licensee hereby agrees for itself, its successors and assigns , to save harmless and indemnify Licensor, its officers , agents and employees , and its successors and assigns , from and against all claims , loss , damage, actions , causes of action, expense and/or liability arising from or growing out of loss or damage to property , including Licensor ' s own property , or injury to or death of persons , including employees of Licensor resulting in any manner whatsoever, directly or indirectly , from the exercise of the rights granted hereunder, including, but not limited to, the use of the property by the general public . 24. Utilities : Licensee agrees to pay all charges and assessments for or in connection with water, electric current or other utilities which may be furnished to or used upon said licensed property by Licensee during the continuance of this license . It is further agreed that in the event Licensee shall fail to pay the above—mentioned charges when due, Licensor shall have the right to pay the same and charge the amount thereof to Licensee, who agrees to pay the same on demand , together with interest at the maximum rate allowed by law from the date of expenditure by Licensor . 25 . Taxes , Assessments and Liens : Licensee agrees to pay, when due, all taxes and assessments which may be levied upon any crops or personal property which Licensee caused to be grown, placed or maintained upon the said licensed property , and .agrees to keep said licensed property free from all liens , including but not limited to mechanics liens , and encumbrances by reason of the use or occupancy of said licensed property by Licensee or any person claiming under Licensee . It is further agreed that in the event Licensee shall fail to pay the above—mentioned taxes , assessments , or liens when due, Licensor shall have the right to pay the same and charge the amount thereof to Licensee, who agrees to pay the same on demand , together with interest at the maximum allowed by law from the date of expenditure by Licensor . 26 . Governing Law: Licensee agrees that in the exercise of its rights- under this license, Licensee shall comply with all applicable Federal, State , County and local laws , and regulations in connection with its use of the licensed property . The existence, validity, construction , operation and effect of this license and all of its terms and provisions shall be determined in accordance with the laws of the State of California . 27 . Holding Over : It is further agreed that if Licensee shall —7— retain possession of said licensed property beyond the term hereof, or any renewal or extension hereof , without the consent, express or implied , of . Licensor , such holding over may be terminated by Licensor at any time by giving to Licensee thirty (30) days ' prior notice in writing for that purpose , and shall be subject to all of the terms , covenants and conditions of this license , and Licensee shall pay for such license during any such holding over , at the last prevailing rate specified in paragraph 3 , "Consideration" hereof . 28 . Termination : The parties hereto agree that during the initial term or any extension thereof, this license may be canceled and terminated by either Licensor or Licensee, at any time , upon sixty (60) days ' notice in writing to that effect given by either party hereto to the other . In such event or when this license expires , Licensee agrees , if so requested in writing by Licensor, to remove at that time all of its personal property from the licensed property and to restore the ground to as near its original condition and appearance as possible within said period of sixty (60) days , at its sole expense and risk . No such termination, cancellation or expiration hereof shall release Licensee from any liability or obligation (whether of indemnity or otherwise) which may have attached or accrued previous to or which may be accruing at the time of, or by reason of such termination, cancellation or expiration . Upon the termination of this license by the expiration of the term hereof or otherwise, Licensee agrees to peaceably quit and surrender the licensed property to Licensor in good order and condi— tion . Any and all property of whatsoever kind or character remaining upon the licensed property upon the expiration or sooner termination of this license shall thereupon be and become the personal property of Licensor, unless otherwise agreed in writing by Licensor, but this shall not prevent Licensor from requiring Licensee to remove , at Licensee ' s expense and risk , any and all such property remaining upon the licensed property . 29 . Abandonment : In the event the use of said licensed property shall be abandoned by Licensee or said licensed property shall not be used by Licensee for the period of Ninety (90) days , then at the option of Licensor, the license hereby granted shall be deemed terminated without further notice . Upon such termination, Licensee agrees to comply with the conditions as specified in paragraph 26 , "Termination" hereof . 30 . Remedies : In case of the failure or refusal of Licensee to comply with and perform each and all of the terms and covenants on its part herein contained , this license and all rights hereby given shall , at the option of Licensor, cease and terminate , and Licensor shall have the right forthwith to remove Licensee ' s personal property from the licensed property at the sole cost, expense and risk of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand , together with interest at the maximum rate allowed by law from the date of expenditure by Licensor . —8— 31 . Attorneys ' Fees : In case Licensor shall bring suit to compel performance of or to recover for breach of any covenant , agreement or condition herein contained and such suit results in a judgment for Licensor, Licensee will pay to Licensor reasonable attorney ' s fees in addition to the amount of judgment and costs . 32 . Recording : Licensee agrees that it will not record this License , IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate as of the day and year herein first above written . SOUTHERN CALIFORNIA EDISON COMPANY 8y R . J . ul ' f Manager of Real Properties Department LICENSOR C TY 0 TIN ON ACH , y YO LICENSEE 66WPL/dj EST: ALICIA M. WEMTWORTH City Clerk "y , Deputy PLEASE RETAIN THIS COPY FOR YOUR FILE. TWWK YOU, —9— A D D E N D U M I PARK USE : A . Licensee agrees that all facilities planned to be installed on the licensed property , the location thereof and all plans and specifications relative thereto, shall be subject to the prior written approval of Licensor including any later modifications thereto . Licensee further agrees to maintain said facilities at all times in a safe condition satisfactory to the Licensor . B . Licensee agrees that in the event the Licensor requires the relocation of any portion of said facilities , Licensee will relocate same , at its sole cost , to a location and in a manner satisfactory to Licensor in its sole discretion within sixty (60) days after receiving notice from Licensor to do so . G . Licensee agrees to post , at its sole expense, the licensed property at all access points with signs that read : " No Kite Flying or Model Airplanes Permitted, High Voltage Wires Overhead" . D . Licensee agrees to post, at its sole expense, the licensed property at all access points with signs that read : "No Motorcycles , Motorbikes , Horseback Riding or Hunting Permitted" . E . Licensee agrees to close the park at any time when in the sole opinion of the Licensor it is deemed necessary to do so to protect the safety of the general public . In the event it is necessary to close the park for a period of more than three days , Licensee agrees to notify the general public of such closure and to post all access points . E . Licensee agrees to install, at its sole expense, removable post—type barriers as specified by Licensor to prevent unauthorized vehicular use or parking on the licensed property . Said barriers shall be installed so as to prevent the use of the Licensed property by persons riding motorcycles , off--road vehicles and "all--terrain" vehicles , and shall be equipped to accommodate Licensor ' s locks . G . Licensee shall provide fencing or trespass discouragers on Licenser ' s towers as specified by Licensor . Said fencing or trespass discouragers shall be installed by Licensor at Licensee ' s sole cost and expense . H . Licensee shall design and construct all walkways , underground sprinkler service systems , lighting facilities or drains in such a manner that such facilities shall withstand a gross load of forty (40) tons on a three—axle vehicle . f censee ' s Initials —10-- Mho T2 GARF/E�C D may" Ve-'L �I p,N fit- r N. -,/d /l2Qa " Drew. f.5192594 260 Seq. # !� . R/W File 4- -0 4 CQ 1 J A Z EmLicensed Area for City park J. o. i R � 16 foot wide access road _ BARRE P. I D. NO. 5012001 Lands Licensed to DWG. NO. 549259 & 549260 ` City of Huntington Beach for R/P FILE NO. 04-81-024 w City Park StR' SOUTHEIRN CA4 FORNIA EDISON CO. [Zii CITY CIF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 INSURANCE AND BENEFITS DIVISION (714)536-5990 S . I.C . 7--0 0 2 Issued 4/29/87 CERTIFICATE OF SELF INSURANCE This is to certify that the City of Huntington Beach, California, is a self-insured public entity. The City is self-insured for Liability and Workers ' Compensation . Suitable cash reserves are maintained to afford coverage for anticipated uninsured losses . City will furnish ten (10) days written notice of any changes in the above . ATTEST: APPROVED AS TO FORM: ALICIA M. KENTHWORTH City Clerk City At orney L INITIATING DEPARTMENT: Insurance & Benefits Oanacer This form provided to the Southern California Edison Company, 7333 Bolsa Ave . , Westminster, CA 92683 in conjunction with the Park License Agreements File #04-70-054 Gisler Park , 04-69-076 Edison Park , - 04-70-061 Arevalos Park, 04-68-030 LeBard Park, 04-71-049 Edison Community Center , 04-81--024 Langenbeck Park . Address inquiries regarding City insurance coverage and limits to the Insurance and Benefits Manager. All claims shall be filed with the City Clerk, 2000 Main St. , Huntington Beach, CA 92648 . V' t RJW File 04-81-024 I PARK LICENSE 2 THIS AGREEMENT, made and entered into as of 3 tha �— day of ' � . by and 4 between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, 5 organized under the laws of the State of California, here- 6 inafter called "Licensor" , and the CITY OF HUNTINGTON BEACH, a 7 municipal corporation, hereinafter called "Licensee 8 W I T N E S S E T H : 9 That the Licensor for and in consideration of the 10 faithful performance by the Licensee of the terms, covenants 11 and agreements hereinafter set forth to be kept and performed 12 by the Licensee, does hereby give to the Licensee, the License Q13 to use that certain real property hereinafter described for a 14 term of 3 years commencing on 1st day of April, 1982, and end- S ` 15 ing on 31st day of March,' 1985, unless sooner terminated as Go 16 herein provided, solely for the purposes hereinafter specified 4 17 upon and subject to the reservations, terms covenants and con-- o fa. 18 ditions hereinafter set forth. 19 The real property referred to above is in the County 20 of orange, being hereinafter referred to as "Licensed Property" 21 and described as follows: 22 Parcel 1 23 The West 200.00 feet of the East half of the North- 24 west quarter of the Northeast quarter of Section 1, Town- ship 6 South, Range 11 West, S.B.B. and M. 25 Parcel 2 26 The South 200.00 feet of the East half of the North- 27 west quarter of the Northeast quarter of Section 1, Town- ship 6 South, Range 11 West, S.B.B. and M. 28 Excepting therefrom the West 200.00 feet thereof . 29 Subject to the following: 30 1. A reservation for roads, as contained in the deed from The Stearns Rancho Company recorded March 26, 31 1900 in Book 49, page 269 of Deeds. 32 2. . An easement for roads, conduits, or pipelines Park License S.C.E.Co. , a corp. , and City of Huntington Beach, a municipal Corp. Serial No. 54676A for water, gas, sewer, storm drain and other public utili- ties and incidental purposes, as reserved in the deed from 2 Aldrich R. Peck and others recorded May 1, 1956. 3 3. An easement to use, operate, maintain, repair, reconstruct, and replace that certain existing irrigation 4 pipe line, as reserved in the deed from Aldrich R. Peck and others, recorded May 1, 1956. 5 4. Easement for street purposes in, under, along 6 and across the southerly 30 feet of the northerly . 5O feet of said land as granted to the City of Huntington Beach by 7 a deed recorded July 9, 1971 as Instrument No. 7417 in Book 9713, page 36 of Official Records, in the office of 8 the County Recorder of Orange County. 9 5. A road easement to the City of Huntington Beach by a deed recorded February 4, 1974, in Book 11069, Page 10 681 of Official Records, in the office of the County Recorder of Orange County. 11 6. Covenants, conditions, restrictions, reserva- 12 tions, exceptions, encumbrances, rights, easements and licenses affecting the above described real property 13 whether of record or not. 14 1. The Licensee agrees to use the above described 15 Licensed Property for park and recreational purposes only. 16 2. In connection with the use of said Licensed 17 Property for park and recreational purposes, and not in limita- 18 tion of the generality of the foregoing, it is also specifi- 19 cally agreed that the Licensee shall meet the following condi- 20 tions at its sole expense: 21 (a) Any equipment used by Licensee on the 22 Licensed Property shall be maintained in such manner as to 23 provide for a minimum clearance of 25 feet from all struc- 24 tares and 17 feet from all overhead conductors. 25 (b) Licensee shall provide adequate access to 26 all structures and at no time is. there to be any inter- 27 ference with the free movement of Licensor ' s equipment and 29 materials. 29 (c ) Construction areas shall be watered down 30 periodically in such manner as to prevent dust contamina- 31 tion of Licensor 's insulators. 32 (d) Any feeder lines and/or sprinklers in- -2- Park License S .C.E.Co„ a carp. , and City of Huntington Beach a municipal corm. Serial No. 54676A 1 stalled on the Licensed Property shall be capable of with- 2 standing a gross load of 40 tons on a three-axle vehicle. 3 (e) Licensee shall install suitable identifica- 4 tion markers indicating the location and depth of any 5 underground line and/or pipelines. 6 (f ) Any underground facilities within the 7 Licensed Property shall have a minimum cover of three- feet 8 in order to avoid interference with future underground 9 facilities of the Licensor. It is expressly understood 10 that in the event such facilities of Licensee interfere 11 with the construction of additional facilities by Licen- 12 sor, the Licensee will reimburse Licensor for the differ-- 13 ence in cost to construct and maintain Licensor ' s proposed 14 facilities so as not to interfere with Licensee's facili- 15 ties, or at the option of the Licensor, Licensee will 16 relocate its facilities at its own expense so as not to 17 interfere with Licensor ' s proposed facilities. 18 (g ) Any earth disturbed by Licensee and/or 19 backfilling within the Licensed Property shall be com- 20 pacted to 90 percent in order to avoid future erosion, and 21 in no case shall soil be disturbed within 15 feet of 22 existing tower footings. i 23 (h) No facilities shall be permitted on the 24 Licensed Property without the express written consent of 25 Licensor . All facilities constructed by Licensee shall be 26 constructed in a manner so as to clear all conductors by a 27 minimum distance of 25 feet. 28. (i ) All trees or plants within the Licensed 29 Property shall be maintained by the Licensee and shall not 30 exceed a height of 15 feet. 31 ( j ) Licensee shall install sixteen-foot double 32 drive gates at such locations as shall be designated by •-3- Park License S.C.B.Co. , a carp. , and City of Huntington Beach, a municipal corp. Serial No. 54676A 1 Licensor. 2 (k) Licensee shall insure that no flying of 3 kites or model airplanes or other activity which could 4 cause contact with overhead conductors will be conducted 5 on the Licensed Property. 6 (1) Licensee shall replace any existing wire 7 fencing with six-foot high chain link fence. S (m) Any fencing used to separate baseball 9 fields shall not exceed a height of 8 feet. 10 (n) Licensee shall provide and maintain chain 11 link fencing of a height of 6 feet around towers, 25 feet 12 from all tower legs, unless anti-discouragers are installed 13 on said towers by Licensor at Licensee ' s request, cost, 14 and expense. 1n either event, the 25 foot clearance from 15 all tower legs must be maintained. 16 (o) Licensee shall insure that all fencing and 17 other metallic structures are adequately grounded. 18 (p) Licensee shall provide for and install 19 patrol roads 16 feet wide and capable of supporting 40 20 tons on a three-axle vehicle at such locations as Licensor 21 may designate. 22 (q) Upon 30-days' written notice, Licensee, at 23 its sole expense, shall be required to clear the Licensed 24 Property of all encroachments. 25 (r ) All final plans, including but not limited 26 to grading plans, shall be submitted to Southern California 27 Edison Company, Attention: Right of Way and Land Depart- 2S ment, Property Management Section, for approval prior to 29 commencement of any construction. 30 3 . This License is given pursuant to the authority 31 of and upon and subject to the conditions prescribed by General 32 Order No. 69-B of the Public Utilities Commission of the State -4- Park License S.C.E.Co. , a corp. , and City of Huntington Beach, a municipal corp. Serial No. 54676A 1 of California dated and effective September 10, 1963, which 2 General Order No. 69--B by this reference is hereby incorporated 3 herein. 4 4. The Licensor reserves for itself, its successors 5 and assigns, the right, without prior notice to Licensee, to 6 construct, maintain, operate, repair, replace and/or inspect 7 upon, over and in said Licensed Property, transmission lines S for electric energy, communication lines and/or pipelines, 9 together with appurtenant structures and the right to use said 10 Licensed Property or any portion thereof, for any purposes that 11 said Licensor may desire in connection with its business, 12 together with the right to enter upon said Licensed Property or 13 any portion thereof, at all times for any or all of the above 14 mentioned purposes, all of which rights may be exercised with- 15 out the payment of any compensation of damages whatsoever for 16 the destruction or damage of any property on the Licensed 17 Property resulting from the exercise of the said rights or any 18 thereof . 19 5. This License is solely for the use of the Licen- 20 see, and the Licensee shall not assign or transfer this License 21 or any privilege thereunder, in , whole or in part, and any 22 attempt to do so shall be void and shall confer no right to any 23 third party. 24 6. Licensee agrees to pay all charges and assess- 25 ments for or in connection with water, electric current, or 26 other utilities which may be furnished to or used upon said 27 Licensed Property by the Licensee during the continuance of 2g this License, and agrees to pay, when due, all taxes and 29 assessments which may be levied upon property which it may 30 cause to be placed or maintained upon the said Licensed Prop- 31 erty, and agrees to keep said Licensed Property free from all 32 liens and encumbrances by reason of the use or -5- Park License S.C.E.Co. , a corp. , and City of Huntington Beach, a municipal Corp. Serial No. 54676A 1 occupancy of said property by itself or any person, firm or 2 corporation, claiming under it. It is further agreed that in 3 the event the Licensee shall fail to pay the above mentioned 4 taxes, assessments, charges or liens when due, the Licensor 5 shall have the right to pay the same and charge the amount 6 thereof to the Licensee, who agrees to pay the same on demand, 7 together with ten ( 10) percent interest per annum from the date 8 of expenditures by the Licensor. g 7 . To the extent that it is legally possible to do 10 so, the Licensee will save and hold harmless and indemnify 11 Licensor, its officers, agents and employees, from and against 12 any and all liability, damage, loss, cost, claim or expense, 13 including damage to property of Licensor or injury to employees 14 of Licensor, which results directly or indirectly from the 15 grant of this License or the use of the Licensed Property by 16 the Licensee or third parties, and defend any action brought 17 against Licensor, its officers, agents and employees arising 18 from such grant of License or use of the Licensed Property. 19 8. The Licensee agrees that it will not commit any 20 waste or damage, nor suffer any to be done on said Licensed 21 Property; that it will at all times keep said Licensed Property 22 free from weeds, brush and all accumulation of flammable 23 material and growth; that it will keep said Licensed Property 24 clean, free from rubbish and debris, and in a condition 25 satisfactory to Licensor, and that it will guard against and 26 will not permit nor suffer any fire upon said Licensed Property. 27 9. The Licensee further agrees to retain the risk 28 of loss throughout the life of this agreement, by means. of 29 self-insurance, to the maximum extent of $1,000, 000.00 for one 30 accident and $1,000, 000.00 for one person, $1,000,000.000 for 31 bodily injury or death of any person, and $1,000,000.00 for 32 property damage, all in connection with the construction of -6_ r. Park License S.C.E.Co. , a corp. , and City of Huntington Beach, a municipal corp. Serial No. 54676A 1 improvements on the Licensed Property, or with the use, opera- 2 tion or condition of the Licensed Property. Licensee shall be responsible for the repairs or replacement of such property 4 damaged and for the payment of claims for such bodily injury or 5 death. Licensee shall furnish a certificate of such self- 6 insurance to Southern California Edison Company Insurance Divi- 7 sion, Post Office Box 800, 2244 Walnut Grove Avenue, Rosemead, 8 CA 91770. The provisions of this Paragraph 9 are in addition 9 to and not in lieu of or in limitation of the indemnity provi- 10 sions of Paragraph 7 of this License. 11 10. Subject to the provisions of Paragraph 3 here- 12 in, it is hereby further agreed that either party hereto may, 13 if it so elects, terminate this License at any time prior to 14 the expiration of the term thereof by giving thirty (30) days ' 15 notice or by depositing the same, enclosed in an envelope post- I6 age prepaid and properly addressed, in the Post Office of the 17 United States, and upon expiration of such thirty (30) days, 18 this License shall wholly cease and terminate. Notice shall 19 deem to have been given when it is, or should have been 20 received. 21 11. No termination or cancellation hereof shall 22 release the Licensee from any liabilty or obligation (whether 23 of indemnity or otherwise) which may have attached or accrued 24 previous to or which may be accruing at the time of such ter- 25 mination or cancellation. 26 12. Flammable materials shall not be stored on the 27 Licensed Property at any time without the express written con- 28 sent of Licensor . 29 13. Licensed Property shall be cleared of all 30 encroachments at Licensees ' expense upon thirty (30) days' 31 written notice. 32 14. Licensee, at its sole expense, shall relocate or -7- Park License S.C.E.Co. , a Corp. , and City of Huntington Beach, a municipal Corp. Serial No. 54676A 1 remove any of its facilities, whether above or below ground, 2 upon written request by Licensor. 3 15. No permanent or possessory interest shall 4 accrue to the Licensee in the Licensed Property by reason of 5 this agreement or by exercise of the permission given including 6 the construction, maintenance and use of improvements . 7 16. Licensee shall pay to Licensor, as considera- g tion for the use of the Licensed Property, as herein provided, g the sum of $819.00 upon the execution and delivery of this 10 License for the first year of said License and $819.00 for each 11 succeeding year of said license term, payable annually in 12 advance on the 1st day of April of each succeeding year of said 13 license term. All payments subsequent to the initial payment 14 should be paid to the Southern California Edison Company, P.O. 15 Box 800, Rosemead, California, 91770, Attention: Financial 16 Accounting . 17 IN WITNESS WHEREOF, the parties hereto have caused 18 this instrument to be executed as of the date first above set 19 forth. 20 SOUTHERN CALIFORNIA EDISON CO 2I V - AS TO FOMI P By • 22 ; H�ITTQ __ C. J . owe n,Jr 23 cityAttorneyc Manager of Right of Way and Land 24 , 2.5 is City t oraw By -------Y.�._ 26 LICENSOR 27 2$ C IYZHC I ON ACXi ATTEST: ' z9 By -- 30 31 �.. 32 LICENSEE -$- ORIGINAL N1 !c _� :� ! �-- nh 10_- ,s )YojtTM L rNr OF + �SErJ'ro� ►, TGSRIiW NdRrH ow, orm ROAD CAslor+ENr O.R. gjtV,�4 ROAD p l ari'rArlco,j __ ROAD EASEmujr o R-. tlO4gn/ i To 5TE.goZj 5 LAvd+ CMG 0 i } i��5�-RVATrau FaR i PAiA;A-rs FiAELllil rAsl G Ae e Ir SAC#iov f� 'T-6 � I t RMRVATIcW F&R RCAD I AA+Sa S!.lC, uTILl�rES WEST UIJE ERST AMi-F 01= AltVk. , -r45K11 �e 1 rvly k� 00: NE%y SECt-.ary i TtXIQllW L+C EN5 Cb AREA F4? CITY PARK J. Q. M. S- 142,-90 �..., .� . !(p Fj)oT W-JDC ACCC55 PCOAD tIIVTTNCirCI"f BF4''i -:l :I 22 0 =[v T >Z LANDS L 3 C eA.6dE!]TO rHIS PRINT I5 FOR INFORMATIONAL PURPOSES ONL. CITE( OF Hv jrmGToAJ LEAc-fi l-ok 4ND SHOULD NOT 13E MAIDE A PART OF ANY INSTRULXNT. CsTY Pf`sklx- SE R. 57W 7&A Southern California Edison Company :Ca ow 44 R<Y 4175 CITY OF WUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92M OFFICE OF THE CITY CLERK June 4, 1987 Southern California Edison Co. Real Properties Department Property Manaaement Section P.O. Box 410 Long Beach, CA 90801 A'_tn: R. J. ,]cliff, Manager of Real Properties Enclosed are the foilowinq Park License Aareements between the Wiry of Huntington Beach and Southern California Edison Company which were approved by the Huntington Beach City Council an June 1, 1987. Edison Center #04-71-049CH Langenbeck Park #04-81-024CH Edison Park #04-69-076CH Gisler Park #04-70-054CH Arevalos Park #04-70-061CH LeBard Park #04-68-03nCH Also enclosed is a Certificate of Self-insurance duly executed by the City. ALICIA M. WENTWORTH, CITY CLERK By Connie Brockway, Deputy REQUES?OOR CITY COUNCIL00 Date May 11 , 1987 Submitted to: The Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator? Prepared by: Melvin M. Bowman, Director, Community Services GI�� GpvG Subject: PARK LICENSE AGREEMENTS AP�R�`-ED l iq�' i Consistent with Council Policy? [A Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE Due to a problem with indemnification requirements , the park license agreements with Southern California Edison Company have not been .formally. renewed since 1982 . RECOMMENDATION Approve the attached park license agreements for LeBard Park, Edison Community Park, Langenbeck Park , Edison High School Park, Arevalos . Park and Gisler Park, and authorize the Mayor to execute same . ANALYSIS Beginning' in 1969, the city has rented right-of-way land for use as neighborhood park sites from the Southern California Edison Company for $100 an acre per year .. The attached agreements represent over 36 acres of city developed parkland. In 1981 , the City Attorney ' s Office advised that the park . license agreements could not be approved due to the hold harmless requirement of Edison. Pursuant to a recent letter, Edison will now accept a statement of self-insurance from the city to satisfy the indemnification requirements . I FUNDING Account 790380, Park Acquisition and Development Fund i ALTERNATIVE ACTIONS i Discontinue the use of this land and reduce maintenance costs accord- ingly . j ATTACHMENTS Park License Agreements Certificate of Self-Insurance I i MMB: cs i airy RM. I CITY OF HUNTINGTON BEACH k'§l 2000 MAIN STREET CALIFORNIA 92648 P. O. Box 190 COMMUNITY SERVICES DEPARTMENT (714) 536-5486 Vincent G.Moorhouse,Director May 10 , 1982 Mr . H. W. Compton , Manager Huntington Beach Branch Southern California Edison Company 19171 Magnolia Avenue Huntington Beach, CA 92646 Re : Langenbeck Park - R/W File No. 04-81-024-CH S/0 Garfield, W/O Magnolia Dear Mr. Compton : Attached is your vault copy of the executed Park License for Langenbeck Park. Additionally, I have attached the first year' s lease payment in the amount of $819 . 00 ( $100. 00 acre. x 8. 19 acres ) . I want to thank you for your assistance in resolving this matter. Sincerely, Aincent G. Moorhouse Director Community Services VGM: cs Attachments cc : City Clerk .r �. CITY OF HUNTINGTON BEACH 17k-j- 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 20, 1982 Southern California Edison Company 19171 Magnolia Avenue Huntington Beach, Ca. 92646 Attn: H. W. Compton Subject: Langenbeck Park - R/W File #04-81-024-CH, S/0 Garfield W/O Magnolia " Attached is a certificate of self-insurance relative to the Langenbeck License Agreement between the City and Southern California Edison Company approved by the City Council on March 15, 1982. If you have any questions, please call Vince Moorhouse, Community Services Director - 536-5292. Alicia M. Wentworth City Clerk AMW:CB:bt Enclosure CC: Community Services Director City Treasurer (Tewphono:71443"227) r . • ti CITY OF HUNT GT N BEACH P. 0. BOX 711 CALIFORNIA 92648 CITY TREASURER -WARREN G. HALL CERTIFICATE OF SELF INSURANCE This is to certify that the City of Huntington Beach, California, is a partially self-insured public .entity, that for the period 12/15/81 to 12/15/82 the City is insured by the Canadian Indemnity Company for general liability claims which exceed $100 , 000 per occurrence up to a limit of $1 ,000,000 with excess coverage provided by other carriers up to $20 , 000 ,000 per occurrence. That such coverages are subject to change-without notice and that suitable cash reserves are maintained to afford coverage for anticipated uninsured losses. CITY OF .HUNTINGTON BEACH ATTEST: City Clerk APPROVED AS TO FORM: INITIATING P PA MENT: City, ttornuy City �Treasurer/Risk Manager This form is provided in response to insurance requirements of a lease contract between the City of Huntington Beach and So. California Edison Co. relating to Park License Agreement S.N. 54676A, executed by the City. This certificate is intended to provide only the limits requested in the "insurance requirements" section of agreement. Certificate of insurance for excess coverage to $1 , 000 , 000 will be forwarded upon receipt. Address inquiries regarding City insurance coverage and limits to City Treasurer. All claims shall be filed with the City Clerk, 2000 Main St. , Huntington Beach, Ca. 92648 . - - -,.;t+ �S {= - 1 ' � _ 'F ' 'a& �Fitl]►.F.A^YT•5 7 7+Kr�t� ' Y; y, .i 4k .yJ�L�' wS�' y�yly r �L !}�i,+ ��r •, .. -,�.�,.91ia� �.r�n{ + r� �_ 't`.+ T'n#".. ,yr��i ;6�' ta..�a••``����WW30 � ��y r •� �yw '.7�+�� � L! � ���� � �� `��Yh1',��`�'Y,*'�' Tip•. � � T�'W$: '1 i�'�A 7j • ,. . ./t � +F' 1 T •F N- 'i.� 1 y b SiA Y -4�,�t„ �,r � +y'�� a+ a I'•�' + Y .3 1,t•`, UM AGENCY Cr.iifa � COOM PAN IES AFFORDING COVERAGES "�k•05ft }Ave• P-0. fox 33328 �, Diego,.;ii a 92103 COMPANY A � �y LETFL:R ll ll awmury COMPANY LETTER -:-h.MI AN I' r•17C,1l1 SS INSUREO Hi1=11tiklSf<," COMPANY` = 7�y LETTER F A Q• t*�.�li► J.J. Iiaetitp,�t � �• Tf.B�il COMPANY _ LEVER COMPANY E LETTER T'!s to certify that policies of insurance li5fed below soave b!xn issued to the insured named above and are In lorce at ibis time Notwithstanding any requirernent,torn)or condibc o' ,snr'_uMIarcr or other document with respo,;t to which this certilicate may be issued or may pertan,the insurance afforded by the policies des r bed herein i5 subject to ail Tti: ea.<h+siom a!nd cond tions of such pukies. r _ L Tn is of LFabil ty In Thotisands POLICY rIPEOFINSURANCE t POLICYNUMbER EXPIRA11UN DATE EACH hL.6,4LL;A1 _ I OCCURRENCE _ GENERAL LIABILITY r= ,! 79 M 521555 12/"1$Z BODILY INJURY $ S -UMF O'RI_HENVL FORM tl Hfr.115ES—OPEHAI.IONS PROPERTY DAMAGE S ! i -' i 11'!aS'UN AND COLLAPSE u r4A RL) JNC:HGI;OUNO HAZARD ----- �'PROULJCTS!COMPLETLD # I` ' U+'I RAI IONS HAZARD DODILY SNJURY AND �CON'rRACTUAe, INSURANCE PROPERTY DAMAGE S S j UROAD F'OHM PROPCRIY COMWNED IL ownil I)AMAGE I r� INDEPENDENT CONTRACIORS 1 1 _ "I+!•;OM4L INJURY PERSONAL INJURY I \JTOuiOGII•- LIABILITY BODILY INJURY LEACH PERSON) S f• - 1. --,•.K}MI''i.l!!h$I'JE f UI�M 32jL�/ BODILY IVJUFI73 BC 521-W ^' ,,�!�•'�'��pw,y, (EACH AWDEN1) n PROPEHTYD0.MAGF SlizI ._t BODILY INJURY AND .� NON OWNED t PROPERTY DAMAGE $ (7MBIN D EXCESS LIABILITY I WOrLY INJURY AND UMBRELLA FORM PROPERTY DAMAGE f S CIT HER THAN UMBRELLA COMBINED F-sl V COMPENSATION' STATUTORY STATUTORY and _Et11PLOYEVS'LZA©ILITY ! s OTHER *lAzdt# WM imumi.Ve Of $100,000 S.T.B. "lha l:4Lix,,Le G r�::,.:la•.•, ., ., ��.!6vs n,w p.., �. , .h,t,1•h1 Li 111;,w.. l�J; ,, ,...1'd'C.'1, IY+v:;r.:unba... . KyY{f,.,IwC,.R S11::t1,ii:�,••„t.'� .'. .:L•,'{:1"bhK wy 4tUi LiI 4iY ''ance?lation: S`lould any of the above oescrl�oL+ policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor ;o mall days written notice to the below named certificate holder. but failure to mai I such notice snail impose no obli.n,ation or liability of any kind upon the company. ht.ME AND AOORESS UI.CERTO ICAI E 4OLDL13 �+ 1W 5S2 Sef{_tt}*= ('.iy llforadU �ji�AA,�� 0 n�p DATE ISSUED: / UPSOM nd, Col. 91776 AUTHORIZED REPRESENTATIVE �I s CITY OF HUNTINGTON BEACH �i INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH �To From I�I`� Warren Hall cent G . Moorhouse City Treasurer/Risk Manager Director, Community Services Subject Edison License Agreement .- Date May 5 , 1.982 Langenbeck Park In accordance with the recently executed Park License with Southern California Edison Company., the city is required to provide insurance . Please refer to the Park License copy given to you by the City Clerk, specifically , Paragraph 9 . In that construction work has commenced on subject property , it is most urgent that this insurance be provided t.o the Licensor. If you have any questions concerning this matter , please contact me . VGM : cs cc.: City Clerk 41J2 Ala v' C01 " I I I RECEIVE® CITY ATTORNEY c-z Southern California WIF( d h' cACH E� � 15171 MAGNOLIA AVI is #8z HUNTINGTON BEACH, CALIF NIA 92646 718i91101ll1121112iMA6 H.W.COMRTON March 23., 1li$2 . MANAGER,HUNTINGTON BEACH I Mr. Charles 'Thompson Y- City Administrator City of Huntington Beach P. O. Box 190 Huntington Beach, Ca. 92648 SUBJECT: Langenbeck Park - R/W File No. 04-81-024-CH S/O Garfield, W10 Magnolia Dear Mr. Thompson: Enclosed are two copies of our License for the subject Edison property. The license has been executed by the appropriate corporate officers, and is being submitted to the City for execution. Please have both copies signed, and return the "Vault Copy" to this office for our files. In addition, the first year's lease payment of $619.00 ($100.00 acre x 8.19 acres) should also be returned to us with the executed license. Should you have any questions, please call me. Very truly yours, r y H. W. Compton, Manager Huntington Beach HWC:imr Enclosure Q E C I .0 E D CC: C. G. Hudson MAR 2 3 1982 CITY OF HUNTINGTON BEACH ADMINISTRATIVE OFFICE