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Home My WebLink AboutSCE - Southern California Edison - 1999-08-16 (4) ME f 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 MAYO CITY COUNCIL MEMBERS r-. SUBMITTED BY: JENNIFER MCGRA y Attorney - =t PREPARED BY: JENNIFER MCGRA y Attorney ;' ;co ter' SUBJECT: Southern California Edison License Agreements Amendment -ri- Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attacht�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 POBEL858B43 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 P0HBE888C21 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 l/v SOUTHERN CALIFORNIA EDISON COMPANY, CITY OF HUNTINGTON BEACH a corporation By: uiv B. L C NSOR I NSEE thhr Jennifer Ward ATTEST: Right of Way Agent Real Estate Operations B . . 3,/,—?( Corporate Real Estate Licensee Copy 'Ida C'l ERK M10-n M® le_^j Por. of E1/2,NW1/4,NE1/4, Sec. 1,T6S., R.11W,SBM • e r— co�vfrEzo —I- r m itil" � $,css.xrnr 2W F RO 1U 9) 4• W 1 _ Ks® .r 6e L ABRGOA"S/OE OR/VEb O i m e E) 8 p rp 14111 41 a 3 ® � a 0 100 200 400 IL I ® a"B OA' rt ®aRcu SCALE 1N FEET K p p 0 0 0 O t a r14 Sly 11 t. ,� I ® 0 0 0 AM t me I t cuss = 4 awrvF t ® ' ® y H� 461' t mac t M10-T3 l` ®)ffj,-Tj\�' `— ---- - ---�� zt 661' 0 LEGEND: LANDS OF SOUTHERN CALIFORNIA EDISON COMPANY BEING LICENSED TO CITY OF HUNTINGTON BEACH LangenBeck Park (Parks and or public Recreation) ® APPROX. TOWER LOCATION (25' CLEARANCE) - APPROX. LOCATION OF 16' WIDE ACCESS ROAD TOTAL AREA(GROSS) SO-FT.356,320 1 AC.8.18 EXHIBIT "A" =ACIUTY NAME: BARRE - ELUS 220KV T/L R/W I P.I.D. NO. 5012001 J.0. 0005 JAMIN ID-02g1s15178 JCENSEE: City of Hunthigton Beach RP File No: P81 S024-1-33 CITY,Huntington Beach T.G., 858B4 31ROPERTY NO. : pobel858b43 R/P AGENT: A. Likely COUNTY] ORANGE STATE]CA -AND MAPPINGi RF ACCOUNT NO.: 2094 SOUTHERN CAUFOI IA SANDERS MAP NO.: 549259 & 60 OTHER REF.: Assessor Map 153/50 E D I S O N 4.S.s 42-90 & 91 1 DATE, 10/21/02 + f-Ir,c+ati;rxvaravae•c:,,wnY File Name; pobel858b43.dwg OF 7}/ O ,. - C/L YOR A-7-oru.�✓ st vim. illortrN L,..r S. �/�. SFG• .� 7-oiA,N.5 Nj s. JL Ti¢. No y �o Y O ! LIv+ING Na. S.S G 8Z E �a: • _ — —= IC-' W 0 E A.CGES S 7 V Q /JA;D OoviD oY S.-C.E. L.. � � �,,/tM0 DEScR�1SFy 1N LIGfAJs6 N.E. Copt- To G,iy o,? /-LLwr:tjG,—oN i9z-ACM Yo.o O j R./w P I L£ ram. 0 4. -70- oL I TRACT '-� 707 P ! ' M. v-2 G 9133 "3S rt,a rR�ltT q FOR tiN*L7RKATION/_ PURi'f)�ES Oh�Y O AND s iC>u � LD NOT " 1 09 A' .RT Of M!t F ii•illifi 1r r � 9a� EXHIBIT #4A$e `V err. .?/ ,r' J. 0. M. $- *,.2- 90 ELL ls 7-11- r"lA P S�ro�ui.Jl� <�4.vo o) SCE o. /�'✓0 /9RLA pE3GIR/Ocp iN A,c/.alsE To j'iµG C!ry G ? N-�•vr-s.✓4 Te.v .QcAG.✓ ZANCHO LAS BOLSAS POR. SEC. 13, T.6 S., R. 11 W., S.B.M. M.M. 51 -10 1 I � I 1 � I 60 1 POR. SW 1/4 OF NE 1/4 N SE 1/4 OF NE 1/4 I 1 1 1 o I M WATER PIPE LINE ------------------ -------�------ --- -_-- ---- J HAMILTON - - AVE. - --{ i 0 I � ¢ o z a LEGEND 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 „mil,! ►TAL AREA (GROSS)TSQ.FT. 355446.8 AC. 8.16 :ILITY NAME: HUNTINGTON BEACH-ELLIS T/L P.I.D. NO. 5012004 1 J.O. 0005.224 JAMIN ID: GIS-15783 =NSEE: CITY OF HUNTINGTON BEACH I CITY: HUNTINGT13N BEACH T.G.: 888 B2 )PERTY NO.: POHBE8881321 C.R.E. AGENT: A. LIKELY COUNTY: ORANGE STATE: CA MAPPING: RC ACCOUNT : 2147 50uTNFSN CAUFORNiA IDERS MAP NO.: 556827 OTHER REF.: - IMEDISON 41-90 DATE: 8-4-03 rn�sav�.�renroann+gc am.�nr 1 , -7 b TLaNTA% 57R>:FT 1 ' 18 17 `S o- 05 fi • ! D 1 Po{ w� �ticI aIA � 3 10" r l.c •i ts..�ji► �.rc l•wcc -off 3774`477 II ' se'vitf toad � ! 2.C) i <I �1 7 Y 1 �I D I Cr cz 1 { _ HAMil rd^1 T 6 S . 0 W. n- s.c E. co +.W=--s pp R ACCt-. Z15Z _- . 0^ S D. . L ppp.Qo. +�ttgE&�s`6D2 HUNTINGTON BEACH-ELLIS T/L R/W LICENSE SHOWING LAND DESCRIBED r AS A PARK LICENSE TO THE CITY t` OF HUNTINGTON BEACH, ORANGE COU C: � RDFMS RvE�/UE b GHRIN LIN>L r CC _R07-- .0FSEC.6 ! 1 'D�;uD lou�L�25 �Ll w�NUtl7 c ) TWP. G 5 -R Io w Sc-mtoL Yuft-es Rm0• / ? s-],s-q9 CeuT)WcTo2 CAI1e`fl ETROPOLITAN TRANSMISSION IRRouuL� TulbLks loos DIG61ua PROVEDBY• o TR_519 z z 2s ti / 7 m�srolz i opts t SICYCLt ,9/41 DATE: V ¢ - -.L w, S-a9-99 PROPERTY NO.IFILE NO.?9HWtf'p7 / / > WRRNIGK / N W COR.OF LOT I f �Rop /,0• TNDIRrqr;POLI'S RVE. — �'Ij�:•� —/ _POFioF'LOT I OF N 4� 5£ �/ � V /�r• �! T�-ariY T}iRci F ihry AcTA/4 C 6 FENCE LINi� / Q/ M.M-4- 50 F 16pOUBLE /0/ c�!,VTHffI DA7� RIVE 6R1q v/ 69 2 0 TR.0003 LEGEND 156 �� ® LRND DESCRIBED IN LICENSE TO IG`DOLI$LE BEVERLY PP o CITY OF HUNTINGTON BEACH /U. -DR /' Q J FOR PAT�K PClr'Sr'OSE$. ?. r -PROP. F)CCESS FEND -PRTFi0L J RoFlDS . PrZ-OP. 12 I / �Bp -- EXISTING PATR0L-ROR'D5 PRTROL`RD• --- /O/ (z EXISTING TOWER LOGHIICN5. DIET RIL &71 NO SCFILE D.W.O. NO. /-�� tvf' i i FU NC.231 H v.a. i EXH[Bff . "A HUNTINGTON BEACH-ELLIS T/L RAN P. I. D. NO. 5012004 LE BARD PARK DWG. NO. 556828 SER 52¢,579A City of Huntington Beach-Acct.No.2156 `R/W File NO. . 04-68-030 sunvEroR Pro #POHBE888E71 r�oiTco er —.�G FIELD eooK P• CNLf.KED BY DATE C"lCuL"TON° - SOUTHERN CALIFORNIA EDISON COMPANY',) I- � _ __ Destroy U Return U Caf1 IW pup A31k f 4�, CO I � N I ai 4 o � o SIAN Iuww s t i . f/ o rn IIi 1 I 4 I 400'09 t Prop.No. POBEL888C21 t I .A P N- 14 9• 2 31 C/O Huntington Beach Acct. 2150 ORANGE COUNTY YJ Huntington Beach-Ellis TL RW Edison Pk. E/O Magnolia,N/S Hamilton I RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Amendments to License Agreements with Southern California Edison COUNCIL MEETING DATE: 8/15/05 RSA ATTACHMENTS 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 Ap licable ❑ Contract/Agreement (w/exhibits if applicable) Attached Not Applicable ❑ Signed in full by the City Attorney) ❑ Subleases, Third Party Agreements, etc. Attached Not Applicable Approved as to form by CityAttorney Certificates of Insurance (Approved b the CityAttorne Attached ❑ pp y Y� Not Applicable hed Fiscal Impact Statement (Unbudget, over$5,000) Not Attac Applicable Bonds (!f applicable) Attached ElNot Applicable hed 13 Staff Report (If applicable) Not Attac Applicable Commission, Board or Committee Report If applicable) Attached ❑ p ( pp ) Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ pp Not Applicable EXPLANATION FOR MISSING ATTACHMENTS R VIEWED-, RETURNED, I`flft111tARDEO! Administrative Staff ( ) ) Assistant City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION FOR-RETURN OF ITEM: (BelowOnly) RCA Author: KC REQUEST FOR LATE SUBMITTAL (To accompany RCA's submitted after Deadline Department: City Attorney Subject Amendments to License Agreement wlEdison Council Meeting Date: Date of This Request: 8/5/05 ` 8115106 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 O Denied ffA±�tepartm h 1"ea Penelope Culbr th-Graft City Administrator Request for RCA Late Submittal edison 07/14/94 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERIC CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: TO: �SD. EGI� �—Cl e , ATTENTION: 60PO, B7�e 441 ie , Name �p DEPARTMENT: ue L> v Street REGARDING: �riSe �f' Cirr�- City,St Zip z d A f - See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement a,/ Bonds Insurance ,II RCA Deed Other Name Department RCA Agreement Insurance Other f� . ��5�►i lAtt�a'SP�I/S Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name-Company Name-Date G:Bollowup/Letters/coverltr I Tele Phone:714-536-5227) I fh4G4/7- C S d Council/Agency Meeting Held: /(- 9 �Do D rred/Continued to: Approved Conditionally Approved ❑ Denied � 7 Clerk's Signature Council Meeting Date: August 16, 1999 Department ID Number: 99-CS-032 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrat)r.'W,,'-7- PREPARED BY: RON HAGAN, Director, Community Services SUBJECT: APPROVE PARK LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR LEBARD PARK 11—St:Ze-11tof Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The license agreement with Southern California Edison Company for rental of two acres of Edison right-of-way property for neighborhood park purposes (LeBard Park) expires on October 1, 1999. Funding Source: Park Acquisition & Development Fund, $400 per year for ten years. Recommended Action: Motion to approve the license agreement with Southern California Edison Company to utilize two acres of property at LeBard Park for ten years at $200 per acre per year, and authorize the Mayor and City Clerk to execute same. Alternative Actions : Discontinue use of Edison property for parkland. Analysis: Since 1969, the city has rented right-of-way land from Southern California Edison Company for use as park sites. The LeBard license agreement involves two acres adjacent to LeBard Neighborhood Park at Indianapolis Avenue and the Santa Ana River. Edison leases its right-of-way property for $200 an acre per year for park purposes. The agreement is for a term of ten years, $400 per year. Environmental Status: NIA Attachments NumberCity Clerk's Page Description License Agreement •' 1 CITY OF HUNTINGTON BEACH RP File No. P68SO30-1-33 Property No. POHBE88E71 Account No. 2156 L I C E N S E A G R E E M E N T INDEX 1. USE 2. TERM 3. CONSIDERATION 4. INSURANCE 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 r 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 YOM- COPS f f.. RP File No. P68S030-1-33 Property No. POHBE88E71 Account No. 2156 LICENSE AGREEMENT THIS AGREEMENT, made as of the loth day of August 19 99 , 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. The subject Property is located in the City of Huntington Beach, County of Orange, State of California further described as follows: That portion of the Northwest quarter of Section 8, Township 6 south, Range 10 West, San Bernardino Base and Meridian, and that portion of Lot 1 of the J.A. Day Tract, as per map recorded in Book 4, page 50, of Miscellaneous Maps, in the office of the County Recorder of said County. SUBJECT TO: Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record including but not Iimited to, the following: 1. Use: Licensee will use the Property for park 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 ten (10) years commencing on the first day of October, 1999 and ending on the last day of September, 2009. 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 Four Hundred and 00/100 Dollars ($400.00) upon the execution and delivery of this Agreement for the first year; with subsequent annual payments to be made as follows: ` -1- Terra Year Due Yearly Payment Due Amount list Day of 2nd Year 2000 $400.00 October 3rd Year 2001 $400.00 October 4th Year 2002 $400.00 October 5th Year 2003 $400.00 October 6th Year 2004 $400.00 October 7th Year 2005 $400.00 October 8th Year 2006 $400.00 October 9th Year 2007 $400-00 October 10th Year 2008 $400.00 October 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 "Iate fee" on all amounts outstanding up to the maximum rate allowed by law. 4. Insurance: During the term of this Agreement, Licensee shall maintain the following insurance: (a) Worker's Compensation with statutory limits, in accordance with the laws of the Stte of California and Employer's Liability with limits of not less than $500,000. 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. 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. S 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. i -2- 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 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. 8. Height Limitations: Any equipment used by Licensee or its agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as to maintain a minimum clearance of twenty-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 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. NOTE: Additional clearance shall be required for structures and other material improvements. 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. -3- 13. Hazardous Waste: Licensee will not engage in, or permit any other party to engage in, any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to hazardous, toxic or infectious materials and/or waste. Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and its successors and assigns, harmless from any and all claims, loss, damage, actions, causes of action, expenses and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term, and are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee. 14. Signs:s: 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. 16. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to the Property free of weeds and trash. Licensee will maintain parkways and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor. 17. Irrigation Equipment: Any irrigation equipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment and other structures, is the property of Licensor and will remain on and be surrendered with the Property upon termination of this Agreement. Licensee will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense. 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 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, 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. -4- 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 - City of Huntington Beach - Park Use: City hereby agrees to protect, defend, indemnify and hold harmless Edison, 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 Edison'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 Edison 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 b either Licensor or -- �- y y 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 -5- 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-Possessory Interest: Licensor retains full possession of the Property and Licensee will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 31. Waiver: No waiver by Licensor of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licenser'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. Attorneys' Fees: In the event of any action, suit or proceeding against the other, related to this Agreement, or any of the matters contained herein, the successful party in such action, suit or proceeding shall be entitled to recover from the other party reasonable attorney fees incurred. 34. Electric and Magnetic Fields: In recent years there have been numerous scientific studies about the effects of power frequency (60 Hz) EMF. There are several sources of EMF, including household appliances and electric power facilities. Scientists do not agree on how to interpret the currently available information. There is agreement, however, that this is an important issue that should be resolved. Edison would like to share with the Licensee the balanced information or literature Edison has about EMF, if said prospective Licensee is interested. Should Licensee wish, brochures will be made available, upon request, that explain some facts about EMF and that outline Edison's policy in this area. Licensee agrees to advise Edison if they have any questions or require additional information. 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 Revenue Division 100 Long Beach Blvd. Suite 1004 Long Beach CA 90802 -6- To Licensee: City of Huntington Beach Attn: Ron Hagan 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. 37. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any addendum's 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 L NSOR ALICE LIKELY Licensing Specialist Real Estate Revenue Corporate Real Estate Department CITY Q TINGTON BEACH By MAYOR LICENSEE ATTEST: APPROVED AS TO FORM: w L�6� [ CITY CLERK \� I CITY ATTORNEY 7//22- / REVIEWED AND APPROVED: INITIATEDt ROVED: CIT ADMINSITRA OR DI OR OMMUNITY SERVICES AL/lrm 7/1/99 -7- N t 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 my require the relocation of any portion of the facilities. Licensee will relocate same, at its expense to a Iocation 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 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. Licensee's Ini ' . jqf [!2-2#1 7�qv -8- A, ta 0 0 HUNTINMN BEACH 2000 Main Street California 92648 Certificate of Self Insurance Memorandum Number: 99-008 This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This evidence of Coverage does not amend, extend, or alter the coverage afforded by the memoranda listed below. Certificate Holder: Southern California Edison Company Coverage Effective: 7/1/99 Coverage Expires: 7/1/2000 This is to certifty that the City of Huntington Beach is self insured for general liability claims. Sufficient cash reserves to afford coverage for uninsured losses are maintained at $1,000,000. Type of Coverage: General Liability Limit of Liability/Coverage: $1,000,000 Combined Single Limit per Occurrence Certificate Requested by: Ron Hagan, Community Services Director Description of Operation, vehicle or property: This certificate is issued to and additionally insures the Certificate Holder in conjunction with a lease agreement with a term of ten (10) years at $400 per year to utilize LeBard Park. Should any of the above coverages for the Covered Party be changed or withdrawn prior to the expiration date issued above, City of Huntington Beach will mail 30 days written notice to the Certificate Holder, but failure to mail such notice shall impose no obligation or liabilitiy of any kind upon the City of Huntington Beach, its agents, officers or employees. If you have any questions, contact: Karen S. Foster, Risk Manager 2000 Main Street. Huntington Beach, CA 92648 714/536-5589 Authorized Representative: ____ 421 ___________________________________________ • • RCA ROUTING SHEET INITIATING DEPARTMENT: COMMUNITY SERVICES SUBJECT: APPROVE LICENSE AGREEMENT WITH EDISON COUNCIL MEETING DATE: I August 16, 1999 :. :....... . ' A �TTT.. T� :::: STATUS:...... . Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Ma , Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attom2y2 Attached Subleases, Third Party Agreements, etc. LApproved as to form PX City Attome Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement Unbud et, over$5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLINATJN FARl[SSIG �ATTCHENTS..... .;: ....... . IE...V.. 11NED. . > ......... ' RETt �NEL . ..., ..FRWAtEI Administrative Staff Y y/rf r Assistant City Administrator In ial City Administrator Initial a City Clerk E NMI N.F�]1�.. ETURN. F ITE x Spacer Only) RCA Author: