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HomeMy WebLinkAboutSCE - Southern California Edison - 1965-08-26 (2) "' CITY OF s �, HJUNTINGTON BEACH 2000 MAIN STREET' �,�.�...._. CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 4, 1987 Southern California Edison Co. Real Prooerties Depa.rtmunt °roperty Manaaemer.t Section P.0 Bo), 410 tone Se ich, CA R:i801 a-tr-: R, J. Juliff, Manager of Real Prooerties ,nclosed are the following Park License Aureements between the Ci`v of Hun`.dngton Feach jnd Southern California Edison Companv which were apom.ed by the Huntington Beach City Council on June Edison renter #04-71-049CH Lanoenbeck Park eOh-81-024CH Edison Park 004--69-076CH Gisler Park #04-10-054CH Arevalos Park 1l04-70-061CH l eflard Park (#04-6R-03nCH Also enclosed is a Certificate of Self-Insurance duly executed b,y the r_lfv. ACICIA M. WENTW(1RTH, CITY CLERK E3 v Connie Brockway, Deputy __ Date May 11.. 1 287 Submitted to: The Honorable Mayor and City Council Submitted by: Charles W. ThompsDn, City Administracor(° Prepared by: Melvin M. Bowman, Director, Commonity Services � r-OU0 � Subject: PARK LICENSE AGRM. IENT5 Consistent with Council Policy? Ye� t ) New Policy or ExcaePt>on �Sntement of Issue, Ra-,.ommendation,Analysis, Funding Source,Alternative Artiuns,Attachments: 1 k- STATEMENT OF ISSUE Due to a problem with indemnificaticn requirements, the park license agreements with Southern California Edison Company have not been .Formally renewed since 1982. RECObii NDATION Approve the attached park license agreements for LeBard hark, Edison Community Park, Langenbeck Park., Edison High School Park, Arevalos Park and Gisler :Park, and authorize the Mayor to execs. same. ANALYSIS Beginning in 1969, the :ity has rented right-of-way land for use as ,ieighborhood park sites from the Southern California Edison �;c:Mipany for $:00 an acre per year. The attached agreements represent over 36 acres of city developed parklanrt. In 1981 , the Citty Attorney's Office adv sed that the park License agreements could nc,. be approved due to the hold harmless requirement of Edison. Pursuant to a event letter, Edison will nnw accept a statement of self--insurance from the city to , atisfy the indemnification requirements. FUNDING Account 790380, Park Acquisition qnd Development Fund ALTERNATIVE ACTIONS Discontinue the use of this land and reduce maint.enarce ,,csrs accord- irg'y. s ATTACBME:QTS Park Licr;nse Agreements Certificate of Self-insurance MM.B:c s rro erg REQUESI"rFOR CITY COUNVIA CTION Date Octcber 26 i sw A . Submittedto: The Honorable Mayor and City Council 1 Submitted by: Charles W. Thompsoo, City Adminiztrat,c illl Prepared by: Vircent :,. Moorhouse, Director, Con,mur ty Servitee� Subject: Park Licence Agreements with Southern Califori-.- a Edison Statement of issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: IT, ;'�f- iT �F iS.cUE r ere is a. i.eed to renew five park lit ease ai reenent wi.h outher; Edison Cotapany to utilize the right-of-way land "or pa.rx and i,e^reation purposes . Y.—, rcvE the follolwing park license Gigreermen=ts and auti,,orize the `i execute same : �4 i giber 04-71-049-CH - Edison Corr:r,=.snit, ..irk Number 04-68-0%0-CH - LeBa.rd Park ✓ Namber o4-10-061--CH - Arevalos Park✓ `:umber C:4-69-076--CF - Edison Park\/ Number 04-70-054-CH - Gisler Fare �,, njr�p -ig6q, the city has rented ri(4..�14,-yl 'T�.f(i�� land'id ad'-', cent .c park aw may. fr(-r; fih'e outhern Cailrcrnia EdiSor, 'Ci party. Unier these the city develops the park and pats a fee of a hundred dollars re, acre per year. r 'y ,;V0 SOU;CE Park Acquisition and Development Operating account Number 791?9 Rental A17ERNAxIVE ACTIONS Discontinue the use of this land and thereby reduce �.intona.ne.e accordingly. ATTAOFMENTS Five park license agreements. MMB:cs so i NO 4/81 Gfsl�:� Southern California Edison Com�ent� 19171 MAGNOLIA AVENUE HUNTINGTON BEACH CAL+FORWA 92b4fr H.W COMPTON October 20, 1982 �.n Nn;:tu NrNGi :N NEFCM Mr. Vincent G. Moorhouse Community Services Director City of Huntington. Beach P. 0. Box 190 Huntington Beach, Ca. 92648 Dear Mr. Moorhouse ; SUBJECT: Huntington Beach-Ellis 220 kV T/L RJW Between Bushard Street and Brookhurst Street Park License - ;;251dr Park File No. 04-70-054-CH The enclosed Agreement has been prepared at your regiiest. It has been executed on behalf of the Southern California Edison Company. The copy marked "Original" is for your records. Please sign the copy marked "Vault Copy" in the Fpace provided. This license is for a term of three years from July 1, 1980 through June 30, 1983, for an annual rental of $1 ,060.00. our records show that the payment €cr the first year of this li.c_,ns� was received on August 27 . 1980 . A payment in 'the amount of $2 ,120.00 for the second and third years of the license is now due. Please enclosed your check and the signed "Vault Copy" of the license in the enclosed envelope. Very /truly yours , HWC:imr Fnclosure +� f s d Amok- tit{-F �WHp 444f City of Huntingtoneachtill OFFICE OF THE CITY CLERK July 9, 1980 Southc.a California Edison Company 19171 Magnolia Avenue Huntington Beach, CA 92646 Attention: N. W. Campton, Manager The City Council of the City of Huntington Beach at its regular meting hFld Tuesday„ July 8, 1980 approved tke renewal of the license agreement with Southern California Edi s)n for the ri ty's use of Gisier park involving approximately 10.6 acres located between Bushard and Brookhurst Streets. E.pclosed is a duly executed copy of said agreement, together with a'-theck in the amount of $1 ,.060. Alicia M. Wentwort City Clerk AM:cb enc. mom f jets STATEMENT OF THE ACTION OF THE CITY COUNCIL Council Chamber. City Hall Huntington Beach, California Tuesday. July 8, 1980 Mayor Bailey called the adjourned regular meeting of the City Council of the City of unt ngtot. Beach to order at is O ,M. Present:,_,__ , i'in ev. Bailey. MacAllister, Mandic, Kelly (Thomas arrived 6:50 P.M.) Absent: Pattinson ##C#t#######R##s ac tkk+#i[st'#!"k*#r•k#f!4R##'1r+a&'k4kikk4*ir*#k*ktkddflkt##4 ttY<#:tki:ie#tt,Y'«�+hFtkkk'�• CONSENT CALENDAR - (ITEIfiS APPROVED) On motion by MacAllister, Second Mandic, the following items were approved as recotnttended by the following roll call vote: AYES: Finley, Bailey, MacAllister, Matidic, Kelly NOES- None ABSENT: Pattinson (Thomas from room) EOISON COMPANY LICENSE AGREEMENT RENEWAL - GISLER PARK - knproved t" iree year renewal agtt;ement at an expenditure of 1,060 per year, and authorized exec: z by the Hnyor and City Clerk. #A-k�c�x##�rk+1#Yr#tk##d:#k#iek*ir#k:*#.r.'#xx#itkk++rt,txtsk�i-sklc#F;#-kRlntRK*+r*rY,k#usr�ti..+F#ir#fie##wa#w#* Mayor_ ram_ adiournad the adjourned regular meeting of the City Council of the ity o Huntington Beach at I4o. to nddy _lu1v 21,, 1980 P.M. at 6:30 . in the Coun- a e AtTEST: Alicia 11, Ventworth tty' lerk and ex-o f c o C er of the City Council of the City Alicia M. Ventworth of Huntington beach, California Cit—yClerk STATE OF CALIFORAIA R+sth I�Wlev County of Orange Mayor Citw of Huntington Beach it ALICIA M. WENTWORTH, the duly elected anI qualified City ClerK of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statewnt of Action of the City Council of said City at their a43ourre4 regular meting held on the Rth day of July .,_,_,,., I P& _�, WITNESS w liana and sdal of the said City of Muit'ingU-n aeaCh this the gth dal'of tTv t l4 fill i# Teri; of the City Council of the City of Nutt&.9ton Beach, . I ffurnia BYtasC t2/7i3 _ r 'REQUEST FOR CITY COUNCIL ACTION Submittedhy Vincent G. Moorhouse Department CrmMunity `P.'3rJCPr,,� Date Prepared June ? . 1980 Backup Material Attached E Yes 11 No Subject Renewal of Southern California Edison Uicense Agreement for Gisler Park City Administrater's Comments x Y COUNCIL_ Approve as Recommended CITY Statement of issue, Recommendation,Analysis, Funding Source,Alternative Actions-. STATEMENT OF ISSUE The license agreement with Southern California. Edisor for the City's use of Disler Park will expire June 30 of this year. The agreement involves approx- imately i0.6 acres located between Bushard and Brookhurst Streets. RECOMMENDATION Approve the three-year license renewal request for Gisler Park and authorize exF�nditure of $1,060 per year. ANALYSIS C,n August 26, 1965, the City entered into a five-year park license agreement with Southern California Edison for the use of Edison property located south of Atlanta Av nue between Bushard and Brookhurst Streets for a sum of $530 pei• gear. The agveemen.t. has been renewed every five years to present. Gisler Park is well attended by neighborhood residents and a new Joglwal% course was recently installed therein. FUNDING SOURCE Account No. 350380, Lard Rentals ALTERNPTIVE ACTIONS Do not renew license agreement. VGM:Vl4:cs 6 -3 City of Huntington Beach P.J. BOX 100 CALIFORNIA 92648 OFFICE OF TrIE CITY CLERK July 9, 1980 Southern California Edison Company 19171 Magnolia Avenue Huntington Beach, CA 92646 Attention: H, W. Compton, Manager The City Council of the City of Huntington Beach at its regular meting held Tuesday, July 8, 19 W approved the renewal of the license agreement wih Southern California Edison for the City's use of Gisler Park involving approximately 10.6 acres located between Bushard and Brookhurst Streets. Enclosed is a duly executed copy of said agreement, together with a check in the amount of $1 ,060. Alicia M. Wentworth City Clerk AM4:cb enc. i Y Southern California Edison Company 10171 MAGNOLIA AVENUE HUNTINGTON BEACH. CALWORNIA 9264e H IN COMPTON June 5, 1980 v4Vn"!u. .a�N•.hc.i tiN p{Air Mr. Vincent G. Moorhouse Director Community Services City of Huntington Beach P. 0. Box 190 Huntington Beach, Ca. 92648 Dear Mr. Moorhouse: SUBJECT: Huntington Beach-Ellis 220 kV T/L R/W Between Bushard St. and Brookhurst St. Park License - Gisler Park R/W File No. 04-70-054--CH The enclosed Agreement has been prepared at your request. It has been executed on behalf of the Southern California Edison Company. The original is for your records. Please sign the copy in the space provided and return it promptly to us in the enclosed envelope. Please enclose your check in the amount of $1,060.00 for the first year's rent. Subsequent years will be billed directly by our Fin- ancial Accounting Departmert. This Agreement is not valid until we have received your check in the above amount. If you have any questions concerning this Agreeznent, please feel free to call me at the above number. Very truly yours, H. W. Compton, Manager 1Wntington Beach HWC:imr Enclosures sL. August 5� 1970 So. California Edison Co. P. Q. Box 111 hunt irrgt cn Beach, CA 92648 Attention, Robert Burbank Di8trLct 'Represen sve Gentlemen-, Enclosed is an exetute3 cop, f the License Renewal for the parksite on the P son r. i3sion line right-ol,- way between Brook-hurst a d' us 6 reets, north of Hamilton Avenue, A copy has been s -o the Fiira.rce Officer for inclusion on t e xt 1 ht Register of payment in the amount of We have also z ar a, copy of the renewal to our insurame carrier with a a` t that they forward a copy of the endorsement 1,0 you, Sincerely yours, Paul C. Jones City Cleric PCj:aw: pa Enclosure .!. CITY OF HUNTINGTO 9 BEACH L INTER-DEPARTW NT COMMUNICATION HU.NTINGTON 8&1CP1 To Floyd Belsito From John O'Connor Executive Assistant Deputy City Attorney Subject Edison Lirsense Agreement Date. June 6, 1975 Renewal - Your Memo Dated 6/5/75 Bud, on reviewing zhe attached agreement, there is absolutely no description of the property upon which the City is procuring a license, it simply makes reference to the original license. Since the City has a number of so--called license agreements, it would be necessary totrake specific reference to the agreement referred to at least by date aild _LA is on file with the Cit , or in the more appropriate procedure, to incorporate by reference the original agreement in *his document.. Tlie agreement as presently drafted simply states " . . that `certain real property in the County of Orange, .State of valifornia, and being more particularly described in said original license." However, there is no reference as to the original license. This is an obvious oven fight on the part of the Southern California Edison Company which can be easily rectified. rr o ce�� J&ePuty City Attorney JJOC:cs Attachment qt . t! r ADDITIONAL, INSURED—LESSOR—ENDORSEMENT (To he used with f-G, 17LAC,LAC and M",Policies) 11 is ;I{rt-cd ti{at such insurance as is afforded by the policy for flodily,Injury liability aol for Property Damage I..iability applie, to the person (.r organization designated below,as insured,but only w:tlt respect to liabilit.v arising out nti the mvri- er,hip. ns.r,nenance or use of that part of the premises designated below leased by said pzrson or organization to the names] insured, sul,iect to the following additional provisions: The insutruu•c does not apply: 1 ) I,- accidcntr Nvhich occur after the named insured ceases to be a tenant in said pretrikes; _') t�r-t ructural alterations,new construction or demolition operations performed by or for said person or organization. The exclusion in the policy relating to liabiiity assumed by contract is replaced by he following with respect t-)the insur— ance affnrcied to said person or organization: TII lialulitc assumed by said person c-organizati rn under any contract or agreement,but this exclusion does not apply to the iollowing tykes of written agreements relating to the premises: I I I am• tasement agreement, except in connection with a railroad grade crossing, 1 3 I at,r,wreetntnt required by nnnicipaf ordinance,except in con=section Keith worl:for the municipality, .t, :un ele{attn•or escalator maintenance agreetent,or 4) am lease tnr I •emi�,es agreement. SCHEDULE Designation of Premises Premiums f (Part Leased to Named Name of Additional Bodily Injury Property Damage Insured) Insured Liability Liability Tile vw�h M ftot at tho �iOT ow k W. .$ no VIA 40 This endorsement forms a part of th^ policy to which it is attached, and is effective from the inception date of the p`,iicy unless an effective date is shown below. (Complete following spaces when this endorsement.is not attached at time polity written.) W low m * of PACIFIC INI ENINI` Y POLICY NUMRER om - J0 6FFEGT{YS OATC tNsuRLD f'rrrtti 11.0141) 10.1 165 .�•.-,..r« «.. �AIF7NORY�RO REPRESftIT ITtVE •`. ». C,1`fio bb NOT USE THIS SPACE—MR NOME tiFFICE i.{SE ONLY l IN[ MIND - RRKDE tS7OM C{p'yr 'CLx"69 ILftiB OROS4 PR +a 111�{ jDRD48Pfll'uCl.Ave RhTL� y j CERTIFICATE OF INSURANCE ~ SOUTHM CALIFORINNIA. EDISON COMPANY � THIS IS TO CERTIFY as to t'ie existence as of this date of the below described insurance with the Pacific Indemnity Company. Should any ci,ange occur in this insurance, the undersig cd fill endeavor tc, give written notice t+, the holder of this certificate, but failure to give such notice ;hall impose no obligation or liability upon Y the company or the undersigned, 1 Name of Insured CIW OF MWIN&.if $WH, ET AL. Address of Ir;ured MWINGTON BFACH, ORAVI"E t'.`OMI'I°P , CA'L,MRNIA Location of Risk Description of Risk NORTH 180 FELT OF THE SG'UTTI HALF OF THF VTOMIMT Workmen's Compensation: Policy No. Term:from to Comprehensive Liability: Policy No. �,,� 10013 Term from 1,1.. to 1..1. 69 BodilylnjuryLiability$ s4 e zach person. $ 50,000,, eachoccurren�e. $ aggregate. Provert}• Damage Liability---Automobile $ 10,000, eacitxzid p-q;l,3'•gre,,,nde Property Damage Liability—Except Automobile $ 50,000- eachyrzk�= oe tx$`r£noe aggregate, Landlords'and Tenants'Liability: ❑ Policy No. ~ Nla nufacwr.rs'and Contractors'Liability., F1 Terns,from to C+ B, 40y Injury Liabilit} $ each person. $ each accident. $ aggregate..". . 1'lpertl ')amage Liability $ each accident. $ aggregate. Volley IJa. Term:from Ito REMARKS: Certified this day of l9 y ma W z ? ,, 'ho'. Form 1,1005M 250NI 765 1. The Edison Company mill reserve the right to revoke the license granted :or any reason deemed necessary by the �;oqpany. In this regard. The Company will give the City six (6) nontns, notice 'prior to revosin sald license. 2. The installatioa of City facilities on udison property ill be in accordance with tb: final prints atta.:hed to you: forest application. All facilities shcull be show:i on the point a_nd listed specifically, such as shnabbez , wa.Rs, children's p2Ay area, including positior. and Identification o-r strings, slides, etc. if the City shoul'i wish to install lawns rand sprinIJ.:Ing systems; these facilities should alao bo shown ca the final print conveying the Ciry's established intentions. 3. Property Aunaae and FublIc Liability 'nsuratce rust be provid"d by the City to protect Zdisaa from awf snd all claims. The szour_t of this in- surance is to be $500,COO.OD and FAison should be mentione3 as an additional assured. 4. The City villl, be required to instali a train-"sink fence six (6) feet high with guards on top consisting cf three (3) or four (4) strands Of, barbed wire with suitable ga.'..es specified by Edison as an enclosure for each tower on the proposed park area. The fence hour)4 ry to be fifteen ween (454 feet from aal.l footings of the -Lower. 3 5. A height limit of City facilities, including trees, pUyg=ot:rd ao-aip-- meat, etc., meet provide a 25-foot e.eLrco.ce from aLU Edison faei:sitiea. he saw cl.exara ee ohould be maintained by Vne City in relAtion to a I. Edison facilities. 6. Barriers must be glaaced at the end of hiking trai.le to preveitt vehicle use. Barriers can be plantings, bu ra, or other barr,4cn -s. 7. No usciteer°ie,ls or atractures vi".1 be � louscl, S. Udaon will have Us right of accesa at all lines, i=lu&irg tyre right, to change existing lines or to instal: additioml overhead or under- ground fsciuties as it MAY deem noceasury. 9. The City w'il.l, provide a twer,`..sr (20) foot patrol. road as sccsas to sl.I. towers. e.d,ison to desigmte the exact location of the pat.,OIL roads.. 10. The City gill be required, to Spy the cost of ml"oce.lag or reacwvieg asriy of its facilis,.i,ee if such relocation or lvmoyal is required by the Comp . r !I. Edisoa wil.l wt be liable for dexrAges to ai*r propert of the Licensee in the event of replatemett, acldi':-iosxs to, or uaiateza=c of our facilities OA the Ian" licensed to tb6 City, 12. Any 'use ralati.va tra this .license will be ldb3ec•T to G4d4ral C. r No, 69A, isaued under Seotiea 8 of Vile Rtbli.c UtilitiOG' Code dppVvOd aud effeoWM a This tiboye P.- -Utioas are subject to approval of thft FAisQn Cary °:auioAml era tions which thay viah or feel fz=7 to iV*At latl to slsati3iie usaa. Southern California Edison Company � P.O, BOX 351 LOS ANGELES, CALIFORNIA 90053 August 10, 1966 Dear Tenant: Subject: Clarification and Amendment to License Agreement By this written notice we are informing you that the fol- lowing changes regarding limitations of trees and shrubs on kdison's transmission line rights of way are being made to your license agree- ment. Reference Paragraph 9 of said license agreement: "that he will not Slant nor permit any tree or shrub of any kind upon said property. ' This statement will now read, "that he will not plant nor per-na.t any tree or shrub of any kind upon said property, planted or in a container, which will exceed a height of fifteen (15) feet." This height limitation wrill take effect as of this date and all stock exceeding fifteen (1.5) feet in height should be removed immediately. In addition, we have been informed that our access roads have in some instances been blocked by equipment or stack thereby causing our crews numerous problems when atterApting to reach our towers, poles or other facilities. Paragraph 9 also requires that good access to all facilities will be provided and ;maintained over prep er►:y covered by the license agreement, please investigate your licensed ,area to make certain that access routes sixteen (16) feet in width are available to all facility locations and that a 25-foot cleared area is maintained from the s *remi.ty of each tower location. The above requirements have been necessitated by several situations that have recently created a hazardous condition to both Edison and the tenants. We would appreciate your prompt attention to the above matters, as failure to comply will result in the cancella- tion of your license agreement, Very truly yours, J. B. Str.oschein, ' Supervisor Property Management Right of Way and Land Department JBs:lcc 'NRa. ADDITIONAL INSURED—LESSOR—ENDORSEMENT (To be used with I.t;,I.L.1C, I.AC and Arc Policies) It is agreed that such insur rice as is afforded by the policy for podily Injury liability and for Property Damage Liability applie, to the person or organization designated belo w,as insured,but nniy with respect to liabitiq arisin;;out of the own- ership, maintenance or use of that part of the premises desigmterl'nelow leased by,aid person or organization to the named inured, subject to the foKo w=i,ng additional provisions: The insurance does not apply: 1) to accidents which occur after the natneri insured ceases to be a tenant 1, aid premises; to structural alterations,new construction or demolition operation,performed by or f..ir said person or organization. The exclusion in the policy relating to liability assumed by contract i replaced by the following with respecl to the instrr- ance afforded to said person or organization: To liabilinv assumed by said person or organization under any contract or agreement.but thk exclusion dues not apply to he following type,of written agreements relating to the premi es: i 1 1 am� easement agreement, except irr connection with a railroad grade crossuwn', '1 any agreement required by municipal ordinance,except in connection with wv;cr?<for the mon`scipality, r 3) ant"elevator or escalator maintenance a-reenrent.Or 14 1 any lease or premises agreement. SCHEDULE Designation of Premises Premiums (Part Leased to Named Name of Additional Bodily Injury Property Damage Insured) Insured Liability Liability g jAW fto 0 .`A' ; io o 4 o , . "ftve=W' This endorsement forms a part of the policy to which it is attached, and is effective from the inception date of the policy unless an effective date is shown below. (Complete following spews wvhen this endorsement is not attached at time policy vrritten.) of PACIFIC 1 INI)E' NITY COMPANY POLICY NUMBER BrIrCCI VIC DATC - INSURER DAtC OF es U6 tj0 C ./{ A. t,,rin 1 I.U14h tom 165 0 . wurNORlxao RrPRGsaNrariVe (i�/rha _pCF Not'USr THr3$P.KCE FOR 140ME OFFICC U5£o'+XLY i LINR KIND 1 Remit 'e"YE >+7:�' $ Ct-ArB LINE 4POE9 PFFMIt7N �bRiaSfi FRCN.CatiC b CO.+CM 15hYC�1 , i 4 � + F ` xr,ma, V��� 19 ..x CERTIFICATE OF INSURANCE THIS IS TO CERTIFY as to the existence as of this date of the below described insurance with the Pacific Indemnity Company. Should any change occur in this insurance, the undersigned -will endeavor to give written _notice to the holder o. this certificate, but failure to give such notice shall impose no obligation or liability upon. the company or the undersigned, Name of Insured CITY OF UNTINGE'O HFAC a W, AD Address of Insured MT1WT071 BEACH, OROGE COTS s CALMENIA Location of Risk s Description of Risk NOM 3,80 FM OF VM som NW2 OF Tn o M&ST QUA . OF SWT-TON 18, TUOUIP 6 MOUTH, RANGE 10 Workmen's Compensation: Policy No. Term:from to Comprehensive Liability: Policy No. L$ 10013 Term:from 1. 1-rA to «+ 1 I I,001ii}• Injury Liability$ , ,. each person. $ 50,*OW. each occurrettce. $ aggregate. Pri,pertN Damage Liability—Automobile $ 103 00, ench = +fJ+:cl rren4 Property Damage Liabilit%—Except Automobile $ ,+000, each oodurnmee aggregate. 0wtiers, Landlord4'and Tenants'Li ability: Policy No, .1anufacturers'and Contractors' Liabrhty: (^} Term,:from to Bwlil} Injury Liability$ each person. each accident. $ aggregate. 1'ropert% I)amane Liability each accident, $ aggregate. Policy No, Term,from to REMARK' : T 19 ATTACM. Certified this tray of VZOESM la.. IL IL Sst 25 A(701 ..,_. 130 Zoutb At ,:,I% Baulevard Suite 200 wiwim, CuliforrAa 92ELO3 218 Bast Broadwy dot hai�a= OmUforni line Right of'Ony, Propaseak Park Site- city of Huntington, sake FLU No. 2- -0-16-d Gentleman :ta will uor,fim our -raeen, conversation advising yoo Of approval of the "Patk t61- opment Plana Itar the City 0� R4ntIr"gtan Boa h pram s tt: to bo located on our trans- mission IUD Tight of VAY 1= the, west side of Drookhurst 4treet ift This approvml trwImtda the, inst.allattoa o -a pro posod our-irmh eater a* to 04vve the park apxl*Iea zyotam' vh Oh was prvviomily requested to ba lorated outAdtl- the t:rssicm Ilnu rtbt of way. Approval of the water line inatuliatia-a, is .-raga tad.th the tzprozood. "dersturAing „at no ez a iom.of tba 'eater" ;ncx w 411 be .ra& for a,.qy purpo as othar tbaA. thoso ptovLO.d for i the ASTeammt batween SdIson Ompauy And tha City of UtuidVtAtna ledah vov*rins the one g-f the riaht cf 'Way €u d subject to the condtttnna nkt.�uod in this Agremar.t. Enclosed for .your records is a at ietz aet of to Vlaik Development Plata Vhi0h ham been atpp cvc4 by "EdXzoo ClomptAy, Tsark you fur yaws cooperation in rota maer. Very tzul. ' yoc=a ;aft Charles S F 3rooks Adak P } ( November 8) 1965 Southern C'aliforni.a Edison Company 2110 Main Street Huntington Beach, California Attention; Mr. Ralph C. Kiser Res Park Site Lease Your file 2-65-0-1.6--H Dear Mr. &J,ser In accordance with the lease referred to above, we enclose our check ,#5591 in the amount of $530.00 as payment of the first year's rental covering the period from July 1, 1965 thru June 30, 1966. Subsequent annual payments will be made as they become due. Please mail your receipt fw the enclosed payment to the attention of the Director of Fi.nanee, P. G. Box 1900 City. Your, very truly, 3 F. B. aguello 7{+{,� �y. Director o! Finance Ft[3 . cc; City Clerk Southern California Edison Company HUNTINGTON BEACH. CALIFLtRNIA R ALPH C.KISER October 5, 1965 DISTRICT MANAGER Mr. Doyle Miller, City Administrator City of Huntington Beach P. O. Box 190 Huntington Beach, California Dear Doyle: Huntington Beach-Ellis TL RW Proposed Park Site Our File: 2-65-0-16-B The original of the attached License Agreement is for your files, as it is already executed by olir Company. The "Vault Copy" is to be returned to us after exec,ition by tk:k City. In addition, may we please have: --` 1. A certified copy of the insurance policy naming Southern California Edison Company as an additional insured, as stipulated in Paragraph 10, pages 4 and 5. 2. A certified copy of the Resolution authorizing ac- ceptance by the City. 3. A check for $530.00 covering the first yearts rental on the agreement. Inasmuch as this agreement is personal between Edison and the City it siould not be recorded. Thanks for all, of your patience and cooperation. Very truly yours, alp .0 �ffl,�trct Manager RC.K:i=nr Attachment 2 the lawS OL th,4 G% 4`$t oz Galiloriii4, nerLi,µxaite called `11ceasor", and `"HE CITY OF HUNTING1,10r, BEACHO hereai.nafter ca:lj ed taLi#`.enat-te"; That the Licea sor, for and in Puonsi.der4ticn of the faithful performa ace by the Licensee of the terwDa cpve=nt v, and agreemnts hereLnafter set fottnh be kept siad performed by the Liceusee, does hereby give to the. Licensee, this li.cenae to use that cer"in real property hereinafter described, for 1 period of five: (5) years, commencing on the let day of July, . . 1965 and ending on the 30t h day of jime, 1970t unless sooner Q �,f terminated as herein provi.dod, solely for the purposed herei,.n- x aftor specified and upon and subject to the reservations, terms., ry cove»xiantA and conditions hereinafter set forth,. The real property hercivabove referred to is located in a O z the County of Orange, Mete of CAi.fornia, and is described a follows-. V The North 180 feet of the South half of the Northeast quarter of �. Suction 18, 7,,`ovzLzhip 6 5s uthg i Range 10 Wea((*t S.B�,B. and Kv ExGEPTING THERM,0M those portions thereof lying within Busheard Street, r 40 feet vide, and Brookhurs't Street, $D fact wide. SU&TEcr To . -3 (1) TbAtt certain assezant to use, a maintain, operate, re pai,.r and renew existing i.rrirat on pipe lines, as I Z ies€rve:d i n the deed from -len T. Gisler at us* regord-ad in look 3779, 33 a 4 7 of 0 figial Records, in the HUNTINGTON BEACH 04-70-054CH L I C E N S E A G R E E M E N T I N 0 E X 1 . USE 2. TERM 3 . CONSIDERATION 4. NOTICES 5. LIABILITY INSURANCE 6 . HEIGHT LIMITATIONS 7 , ASSIGNMENTS 8 , NON-POSSESSORS INTEREST 9 . LICENSOR'S RESERVATIONS 10. LICENSEE'S IMPROVEMENTS 11 . ACCESS AND CLEARANCES 12 . PARKING 13 . FLAMMABLES, WASTE AND NUISANCES 14. PESTICIDES AND HERBICIUES 15 . UNDERGROUND TANKS 16. HAZARDOUS WASTE 17 , UNDERGROUND FACILITIES 16. 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 COP 04-70-054CH LICENSE AGREEMENT THIS AGRE-MENT, made as of tho12?!Z_ day of between SOUTPiERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of California, hereinafter called "Licensor: , and CITY OF HUNTINGTON BEACH, a municipal corporation 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 refr�­red to is located in the City of Hu4tington Beach, County of Orange, State of California, and is further described as follows: The North 180 feet of the South half of the Northeast quarter of Section 18, Township 6 South, Range 10 West, San Bernardino Base Meridian. EXCEPTING THEREFROM those portions thereof lying within Bushard Street, 80 feet wide,and Brookhurst Street, 120 feat wide. 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. The foregoing license is made subject to the following terms -nd conditions, all of which Licensee hereby agrees to comply with and perform. Additionally, this Licen• e agreement is made subject to the terms and conditions of the addendum attached hereto :.nd made a part hereof, all of which Licensee further agrees to comply with and perform. 1. Usa. 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 Thall be for a term of six (6) years commene1ng on July 1 , 1983, and ending on June 30, 1989. 3 . Consideration: Licensee agrees to pay to Licensor the sum of One Thousand Fifty and 00/100 Dollars ($1,050.00) upon the execution and delivery of th'vs license for the first year of said license, and One Thousand Fifty and 00/100 Dollars ($1,050.00) for each succeeding year of said license term, payable annually in advance on the 1st day of July 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 clue 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 ;nail, first class, postage prepaid, addressed as follows ; To Licensor: Southern California Edison Company Real Properties Department Property Management Section P. 0. Box 410 Lang Beach, California 30801 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 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 equipmfnt 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 tames maintain a minimum clearance of seventeen (17) feet from all overhead electrical conductors located on said licensed property. —2— 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 1,15) 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 permLssion given and Licensee 3 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 Licensoe' 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 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 Improve(nents: Licensee must submit complete improvement plans for the licensed property, including grading plans, identifying all existing and proposers improvements . Licensee shall obtain Licensoe' 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 Licensoe'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, alteratives, changes or additions of any nature whatsoever to the licensed property . • 11 . Access and Clearances : licensee shah provide Licensor with adequate access to all of Licensoe' s facilities and at no time is there to be any interference with the free movement of Licensee's equipment and materials, if ' required at any time by Licenser, 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 ' �7 way apronb 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. tames, 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 sa,:d 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 . Flammables, 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 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 control.-- 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 agreemer: - , Licensee shall not have the right to install underground or above--ground storage hanks, as defined by any and all applicab ,- laws or regulations, wi'c.hout the prior written consent of the Licensor. —4— 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 ano 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 a,.tions 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 (401 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, 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", lo4ated 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, repaWr 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 . WIRIEKNEXOMMM 19 . Parkways and Landscaping: Licensee agrees to keep parkway and sidewalk areas adjacent : o 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, doub7 , drive gates sixteen (16) feet in width shall be provided in such locations as specified by Licensor and shall be designed to accommo- date Licensoe' s locks , Any netallic 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 . Suns : 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 violatiun 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. 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 incorporate: herein and made a part hereof. 23 . Indemnification: To the extent that it is legally possible to do so, Licen,_ae 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 aga_nst all claims, loss, damage, actions, causes of action, expense and/or liability arising f^om 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 s_hall fail. to ;ay 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 lions, 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 farther agreed that if Licensee shall 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 terra 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, cancellat-ion 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 reasor, 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 Aft 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 liter ud property shall rot be u,ed 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. 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. - - Alk Ask IN WITNESS WHEREOF, the parties hereto have caused this instrument to be execrated in duplicate as of the day and year herein first above written, SOUTHERN CALIFORNIA EDISON COMPANY By R. 7, uli Manager o Real Properties Department LICENSOR CI OF H N IN0"TON ACH y _ t1 � ---� A L.-:.0�I`f ATTEST: 4OWPL/di zaCJA h1.1"ENTWOitTH City Clerk 1 By .�i83J Deputy PLEASE RETAIN THIS COPY ?OR YOUR FILE. THANK YOU: � 4 COPS Ak qW P. D D E N D U M PAR. K USE : A . Licensee ag,^ees 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. E . 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. C. 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 mires 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 . F . Licensee agrees to install., at it- 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 stall be equipped `o accommodate Licensoe' s locks. G. Licensee shall provide fencing or trespass discouragers on Licensoe' 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. censee's initials - - T� �. T �` i8 17 LU lot of tw-Z s►J-.FcI-xtt AR 3iV4•47►7 � �-615-1111 WF 1 sn.vrer road Ix Kf ts$'oa• 0 co . ter- 7,0- HUNTINGTPR BEACH E1.Lls+ :TIL R/T LTGE�ESL-£li0�1�G �.,AltL1��'SBSC����n�"' :bC' - AS A SPARK LICJEN4rt M'TBB CITY i �. Abk 20M MAIN STREET CALIFORNIA 92648 INSURANCE AND BENEFITS DI1'ISION (714)5,36-59% 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: API ' 'VED AS TO FORM: ALICIA M. WENTHWORTH 'Z!�y Clergy City ?1t orney INITIATING DEPARTMENT: Insurance & Benefits anacer This form provided to the Southern California Edison Company, 7333 Solsa 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 LeEard 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. "fsad i R./W rile 04=70-0514 2 PARK LICENSE ' 3 THIS AGREEMENT, made and entered into as of the 4 day of ` % , 19k2, by and between SOUTHERN CALIFORNIA EDISON 5 COMPANY, a corporation, organized under the laws of the State 6 of California, hereinafter called "Licensor", and the CITY OR 7 HUNTINGTON BEACH, a municipal corporation, hereinafter called g "Licensee" ; 9 W I T N E S S E T H 10 That the Licensor for and in consideration of the 11 faithful performance by the Licensee of the terms, covenants 12 and agreements hereinafter set forth to be kept and performed 13 by the Licensee, does hereby give to the Licensee, the License -: i 14 to use that certain real property hereinafter described for a 15 term of 3 years commencing on July 1, 1980, and ending on ` June 30, 1983, unless sooner terminated as herein provided, 16 17 solely for the purposes hereinafter specified upon and subject 18 to the reservations, terms, covenants and conditions herein- 19 after set forth: Q 20 The real property referred to above is in the City fM � 21 of Huntington Beach, County of Orange, State of California, 22 being hereinafter referred to as "Licensed Property" and 23 described as follows; 24 The North 190 feet of the South half of the North-- 25 , east quarter of Section 18, Township 6 South., Range 10 West, San Bernardino Base and Meridian. 26 EXCEPTING THEREFROM those portions thereof lyipli, within Bushard Street, 80 feet wide, . and Brookburst 27 Street, 1.20 feet side 28 8OBJECT TO covenants, conditions, restrictions, 29 reservations,,, exceptions, encumbrances, rights, easements and licenses affecting the .above described real property 30 whether of reco-rd or not. 31 1. The Licensee agxo-es , to use the above described 32 Licensed Propo.rty for park and recreat'ion,41 purposes only. U . i Park License Renawal S.C.E.Co. , a core. , and j' City of Huntington Beach, a municipal corporation Serial No. 33751A 1 2. in connection with the use of said Licensers 2 Property for park and recreational purposes, and not in limita- 3 tion of the generality of the foregoing, it is also specifi- 4 caily agreed that the Licensee shall meet the following condi-- 5 tions at its sole eXpense: 6 (a) Any equipment used by Licensee on the 7 Licensed Property shall be maintained in such manner as to 8 provide for a minimum clearance of 25 feet from all struc- 9 tures and 17 feet from all overhead conductors. 10 1 (b) Licensee shall provide adequate access to 11 all structures and at no time is there to be any inter 12 ference with the free movement of Licensor's equipment and 13 materials. 14 (c) Construction areas shall be watered down 15 periodically in such manner as to prevent dust contamina- 16 Lion of Licenser's insulators. 17 (d) Any feeder lines and/or sprinklers in- 18 stalled on the Licensed Property shall be capable of with 19 standing a gross load of 40 tons on a three-aXle vehicle. 20 (e) Licensee shall install suitable identiV.ca 21 + tior, markers indicating the location and depth of any 22 underground line and/or pipelines. 23 (f) Any underground facilities within the 24 Licensed Property shall have a minimum cover of three feet 25 in order to avoid interference with future underground 26 facilities of the Licensor. it is expressly understood 27 ( that in the event such facilities of Licensee interfere 28 with the construction of additional facilities by 29 Licensor, the Licensee , will reimburse Licensor for the 30 difference in cost to construct and maintain Licenser's 31 proposed facilities so as not to interfere with 'Licensee's 32 facilities, or at the option of the Licensor, Licensee z Park License Renewal a Corp., and City of Huntington Beach, a municipal corporation Serial. 110-. 33751A 1 will relocate its facilities at its own expense so as not 2 II to interfere with Licensor's D•,oposeu facilities. 3 (g) Any earth disturbed by Licensee and/or 4 backfilling within the Licensed Property shall be com-- s pacted to 90 percent in order to avoid future erosion, and 6 in no case shall soil to disturbed within 15 feet of 7 existing tower footings. 8 (h) No facilities shall be peo-mitted on the 9 Licensed Property without the express written consent of i 10 Licensor. All facilities constructed by Licensee shall be 11 constructed in a manner so as to clear all conductors by a 12 minimum distance of 25 feet. 13 (( (i) All trees or plants within the Licensed 14 Property shall be maintained by the Licensee and shall not l5 exceed a height of 15 feet. 16 (j) Licensee shall install sixteen--foot double 37 drive gates at such locations as shall be designated by 18 Licensor. 19 (k) Licensee shall insure that no flying of Z0 kites or model airplane:, or other activity whieh could 21 cause contact with overhead conductors will be clndgc.ted 22 on the Licensed Property, 23 (1) Licensee shall replace any existing wire 24 fencing with six--foot high chain link fence. 25 � x (m) Any fencing used to separate baseball 26 fields ,shall not exceed a height of 8 feet. 27 (n) Licensee shall provide and maintain chaa. 28 link fencing of a height of & .feet around towers, 25 feet 29 from all tower legs.. 30 (o) Licensee shall insure that all fencing and 31 other mettl;li.c structures are adequately grounded. 32 (p) Licensee stall provide for and install 3 Park License Renewal S,C.E.Co, , a corp. , and City of Huntington Bead:, i; a municipal corporation d serial No. 33751A 1 l patrol roads 16 feet wide and capable of supporting Oil 2 tons on a three-axle vehicle at saich locations as Licensor 3 may designate. 4 (q) Upon 30-days' written notice, Licensee, at 5 its sole expense, shall be required to clear the Licensed 6 Property of all encroachments, 7 (r) All final plans, but not limited 8 to grading plans, shall be �;abmitted to Southern 9 California Edison Company, Attention: Right of Way and 10 Land Department, Property Management Section, for approval 11 prior to commencement of any construction, )2 3. This License is given pursuant to the authority )3 of and upon and subject to the conditions p_-. ~ribed by General 14 order No. 69-B of the Public Utilities Commission of the State 15 of California dated and effective September 10, 1963, which 16 General Order No. 69-B by this reference is hereby incorporated 17 herein. 18 4. The Licensor .reserves for itself, its successors 19 and assigns, the right, without prior notice to Licensee, to 20 construct, maintain, operate, repair, replace and/or inspect 21 upon, over and in said Licensed Property, transmission lines 22 for electric energy, communication lines and/or pipelines, 23 together with appurtenant structures and the right to use said 24 Licensed Property or any portion thereof, for any purposes that 25 ( said Licensor may desire in connection td.th its business, 26 together with the right to enter upon said Licensed Property or 27 any portion thereof, at all times for any or all of the above 28 nentioned purposes, all of which rights may be exercised with- 29 out the payment of any compensation of damages whatsoever for 30 the destruction or damage of any property on the Licensed 31 Property resulting from the exercise of the said rights or any 32 thereof. -4- e i I� Park License Renewal S.C.E.Co. , a corp. , and City of Huntington Beach, a municipal corporation Serial No. 33751A. 1 5, This License is solely for the use of the 2 Licensee, and the Licensee stall not assign or transfer this 3 License or any privilege thereunder, in whole or in part, and 4 any attempt to do so shall be void and shall confer no right to 5 any third party. 6 6. .Licensee agrees to pay all charges and assess- '7 ments for or in connection with water, electric current, or 8 other utilities which may be furnished to or used upon said 9 Licensed Property by the Licensee daring the continuance of 10 this License, and agrees to pay, when due, all taxes and it ' assessments which may be levied upon the property which it may 12 cause to be placed or maintained upon the said property, and )3 agrees to keep said Licensed Property .free from all liens and 14 encumbrances by reason of the use or occupancy of said property 15 b., itself or any person, firm or corporation., claiming under 16 it. it is further agreed that in the event the Licensee shall 17 fail to pay the above mentioned tastes, assessments, charges or 18 liens when due, the Licensor shall have the right to pay the 19 same and charge the amount thereof to the Licensee, who agrees 20 to pay the same on demand, together with nine (9) percent 21 interest per annum from the date of expenditures by the 22 Licensor. 1 23 7. To the extent that it is legally possible to do ` 24 so, the Licensee will save and hold harmless and indemnify 25 Licensor, its officers, agents and employees, from and against 26 any and all liability, damage, loss, cost, claim or expenses 27 including damage to property of Licensor or injury to employees 28 of Licensor, which results directly or indirectly from the 29 grant of this License or the use of the '"icensed Property by 30 the Licensee or third parties, and defend any action brought 31 against Licensor, its officers, agents and employees arising 32 from such grant of License or use of the Licensed Property. Park License Venewal S.C.S.Co., a corp. , and City of Huntington Beach, a municipal corporation ,Serial No. 33751A t 1 ± 8. The Licensee agrees that it will not commit any 2 wast-� or damage, nor suffer any to be done can said Licensed 3 Property; that it will at all times keep said Licensed Property 4 free from weeds, brush and all accumulation of flammable 5 material and growth; that it will keep said Licensed Property 6 ; clean, tree from rubbish and debris, and in a condition satis- 7 4j factory to Licensor, and that it will guard against and will 8 1 not permit nor suffer any fire upon said Licensed Property. 9 9. The Licensee further agrees to retain the risk I 10 of loss throughout the life of this agreement, by means of r 11 {f self-insurance, to the maximum extent of $1,000,000.00 for one {i 32 accident and $1,000,000.00 for one person, $1,U00,000.C10 for tiS 13 bodily injury or death of any person, and $1,1300,000.00 for 14 property damage, all in connection with the construction of 15 j improvements on the Licensed Property, or with the use, opera- 16 j tion or condition of the Licensed Property. Licensee shall be I 17 a responsible for the repairs or replacement of such property {i 18 �, damaged and for the payment of claims for such 'bodily injury or 19 i{ death. Licensee shall furnish a certificate of such self- 20 ! insurance to Southern California Edison Company .rnsu' rance Bivi- 21 (tttt, sion, Post office Box 800, 2244 Walnut Grove Avenue, Rosemead, 22 CA 91770. The provisions of this Paragraph 9 are in addition 23 to and not in lieu of or in limitation of the indemnity provi 24 { sions of Paragraph 7 of this License. 25 10. Subject to the provisions of 'Paragraph 3 here- 26 in, it is hereby, further agreed that either party hereto may, 271 i it it so elects, terminate this License at any time prior to 1 28 Lhe expiration of the term thereof by diving thirty (30) days` 29 notice or by depositing the same, enclosed in an envelope 30 postage prepaid and: properly addressed, in the Post Office of 31 the united States, and upon expiration of such thirty (30) 32 days, this. License shall wl-toll.y cease and terminate. Notice • t Part* License Renewal S.C.F.Co. , a corp., an4 City of Huntington Beach, a municipal corporation Serial No,. 33751A 1 shall deem to have 'been given when it is, or should have been 2 received= ,•} 11. No termination or cancellation hereof shall 4 release the Licensee from any liabilty or obligation (whether 5 of indemnity or otherwise) which may have attached or accrued 6 y previous to or which may be accruing at the time of such term 7 ination or cancellation, 8 12. Flammable ;materials shall not be stored on the 9 Licensed property at any time without the express written con 10 sent of Licensor. 11 13. Licensee] Property shall be cleared of all 12 encroachments at Licensees' expense upon thirty (30) clays' 13 written notice. 14 14. Licensee, at it sole expense, shall relocate or 15 remove any of its facilities, whether above or below ground, 16 upon written request by Licensor. 17 15. No permanent or possessory interest shall 18 accrue to the Licensee in the Licensed property by reason of 19 this agreement or by exercise of .the permission given Including ; 20 the construction, maintenance and use of improvements. 21 16. Licensee shall pay to. Licensor, as consideration 22 for the use of the Licensed Property, as herein provided, the 23 sum of $1,060.00 upon the execution and delivery of this License ' 24 for the first year of said License and $1,OiG.00 for each suc- 25 ceeding year of said l,.• ense term, payable annually in advance 26 on the lst day of July of each succeeding year of said license 27 term, All payments subsequent tc the initial payment should. be 28 part to the Southern California Edison Company, P.O. Box 'Ei00, 29 Rosemead, CA. 91770, Attentions Financial Accounting.. 30 !! 31 32 !! aik Park License Renewal S.C.E.Co., a Corp, , and City of Huntington Beach, a municipal corporation I Serial No 33751A 1 IN WITNESS WHEREOF, the parties hereto have caused 2 this instrument to be executed as of the date first above set 3 forth. 4 SOUTHERN CALIFORNIA EDISON COMPANY 6 / B p� , r� C. J.. LcWerison, 7 A{t'",�r° Manager of IV 0 Right of Way and Land 9 By 10 pp OVED AS TO FOPAu LICENSOR 11 A!L HUTTOYi ity Attorney 12 CITY OF HUNTINGTON BEACH 13 y' A t� l4 Assistant/cit Y Mayor 15 �City Clerk 16 LICENSEE 17 18 19 20 21 22 23 24 25 26 27 Please retain this copy for your 28 file. 29 Thank you, 30 31 32 ORIGINAL ATLAN7-A S TREF_T l8 tT I V o\ i a �Gy wad' r w 11 Ra Ul � ISMI-A p,re Imc5• ^o.R+ 3779^477 t2' N. I,nc oY S•'/2 of N.E.74 j (Ii 1-0 © cl 1 cgpra X.ltcek�bn 04 y - D 1 service road. Q 80 ( cy: CD Q: c1l �- HAMIL crN - y _ 10 W. ❑ Via. �owe�g cc pp Q ��pp J. O. m. s. 41-90 AUNl'Ii`1GT�',N 9EACN- EI_U_ draw,l Tw, nr+N•r mFop 1,.ICr wo4Twr,1,4L rt.Unr4)SE^�ONLY Irt �Ark Ltten 5t to C14X Dt �un 1-,%l 1"I FReAc4', 3%,11 rL MIAUE A rAT?T Or ANY JN*Tftilti9Ef4T. J^� ,'} kb. �fe1M1 R L.4Un'IrV Eft. 33751 A SOUTHCRN CALIFORNIA 1EOISON Co. caRu ew 46 Im I-t 1 f ' 1t" RENE'NAL OF LICENSE File No. 04-70-054 CH 1 r IT IS MUTUALLY AGREED that the License entered into on August 26, 1965 between SOUTHERN CALIFORNIA EDISO.N COMPANY, a corporation, as Licensor, and CITY OF HUNTINGTON BEACH, as Licensee, covering that certain real property in the County of Orange, State of California, and being the parcel described in the original License, and by this reference made a part hereof, is hereby renewed and extended for the further term beginning on duly 1, 1980 and ending on June 30, 1983 unless sooner terminated, as provided for in said License. The Licensee agrees to pay to the Licensor therefore as follows: The sum of One Thousand Sixty and No/100 ($1,060,00) Dollars upon the execution and delivery of this License, for the first year of said License and One Thousand Sixty and No/100 ($1,060.00) Dollars for each succeeding year of said License term, payable annually in advance on the 1st day of July of each succeeding year of said License term. Except as otherwise herein provided, it is mutually understood and agreed that all the terms, covenants and conditions of said License shall be and remain in full force and effect. The License herein referred to is not assignable. Dated as of May 19, 1980. Serial No. 33751A SOUTHERN CALIFORNIA EDISON COMPANY Doc. No. 225764 (Licensox..)� C. J. Lowerison, Jr. Manager of Right of Way and Land CITY OF HUNTINGTON BEACH ,wf-3 ea By MayorATTEST: City Cher (Licensee) Recreation & Parks P.O. Box 190 Huntington .Beach, CA 92648 kAddress) 4V=AW 61"A NEW 1/76 ORIGINAL rL wr^ tT \so.4-3 iw; f i J"` !ac oS fsw� lam ptpe 4-net `0A 3774-4 77 f cl - f$a % Y . X S ?TA Q 1 M N, s IV A' I. 1 � TV d . L7 r S.Lr E. Co kowc "j. AREA Lrt�N(-P- 4t-'90 k drCwlnq Sho+.+rnt# 4A.+d delc� thNcJ ImstFe ts'd SOUTHERN CALIFORNIA EDISON CQ. F Fit LV.1A1.Cat . tir WS1: RN F4qW NO U=ram 241 � P IT IS MUTUALLY AGREED that the License entered into on Ausust 26, 1965 between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, as Licensor, -ind CITY OF HUNTINGTON BEACH, as licensee, covering that certain real property in the County of Orange, State of California, and being the 1 described in the original License, and by this reference rsade a ). •f, is hereby renewed and extended for the further term beginning on July 1 . 1980 and ending an June 30, 1983 unless sooner terminated, as provided for In said License. The ,Licensee agrees to pay to the licensor therefore as follows: The sum of One Thousand Sixty and No/100 ($1,060.00) Dollars upon the execution and delivery of this License, for the first year of said License and One Thousand Sixty and No/l00 ($1,060.00) Dollars for each succeeding year of said License term, payable annually in advance on the 1st day of July of each succeeding year of said License term. Except as otherwise herein provided, it is mutually understood, and agreed that all the terms, covenants and condit4'-)ns of said License shall be and remain in full force and effect, The License herein referred to is not assignable. Paragraph 10 of the License Agreement is deleted and w paragraph 10 on Exhibit "A" attached hereto is substituted. 1 Dated as of May 19, 1980. Serial No. 33751A SOUTHERN CALIFORNIA EDISON COMPANY Doc. No, 225764 (Licensor) C. J. Lowerison, Jr. r Manager of Right of Way and Land CITY OF HUNTINGTON BEACH Mayor ATTEST. . col City C3 erR (Licensee) Recreation & Parks P.O, Box 190 Huntington Beach, CA 92648 t (Address) tFf v TCOPY ..•+ Mcw etr, a/{� g ��y 'Sf2Y.Sp'�'�h� .y,l� t qk7�/-f i7�r9 NfFl.�'f V.�r'Fn L1J+ -NY p.�.80X 410 tJ43G 1 ( AL t)XNIA 4fs�o1 ` k >btA EXHIBIT "A" INDEMNIFICATION AGREEKENT In consideration of being permitted to use Gisler k ( E(jison Company Transmission Right-of-Way) as part of P­rii ender the direction of the City of Huntington Beach Is nmui,it ;• Services Department , the City of Huntington Beach releases the Southern California Edison Company sz;d 1 1 f J t.s employees and officers, of any responsibility or c,,.s o d by the City of Huntington Beach, its of"* crs;? :ec�s associated with the use of Gisler Park facVi l icy, r lie ,:'i t y of ffurktington reach's Community Services i t y -f Huntington Beach further agrees to hold har'mlc. i -. „A indemnify Southern California Edison Company, i' ; :aria employees from any and all claims, known or u, 11 ci,imagpo- , losses, causes of action and demands whl _., by the City of Huntingtors ]reach, its officers an s s 11 resulting from or in any manner arlsinP, out with the use of Gisler 'Park facilities by the r, rat! is to Community Services Department. The City of li�r,ta: , b -, lse.ich Is self-insured up to $500,000. ,tie City of Huntington Beach hereby discl,:ta.m;, any t : 11t,y , and ref i.v.) to hold harmless, defend and Inde-Trtrrify :"o,j'hern Callf'ornia Fd1son Company for, any acts or omissions to aot by `?outhorn California ; dison Company, Its o-l"Noer:t omployees in connection will the ;i.ty'3 u r , of lilsleT Fa k. CITY OF HUNTINVITON BI';s'Jt`I? Mayor AWL APPROVE.) AS O FORM ty Clerk , , City ttorney REVIEWED AND APPROVED: INITIATED AND APP�OVED: 1 is J CiV Administrator asurer '?ATED: t u, 04-70-054 x PORN RW 63 RRY.III a." QOUTHSRN CALIFORNIA EDISON COMPANY RENEWAL OF LICENSE IT IS MUTUALLY,AGREED that the Licenav,entered into on August 26, 1965 between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, as Licensor, and CITY OF HUNTINGTQN BEACH , as Licensee,covering P. 0. Box 190, Huntington Beach, CA that certain real property in: the County of Orange, State of California, and tieing more particularly described in said original license, dater .tgust 26, 1965 and renewed on June 11, 1970 as on file with the City Cleric, and incorporated herein by reference, fJC`j%ffA X X X X X X X X X X be and the same is hereby renewed and extended for the further term be inning on --------"' - J171 v�1 , 1975 , and ending o �une 30 1980 unless sooner terminated,as provided for in said License. The Licensee agrees to pay to the Licensor therefor as follows: The sum of Five Hundred Tizirty and no/100 ($530.00) Dollars upon the execution and delivery of this license, for first year of saiA license, and Five Hundred Thirty ($530.00) Dollars for each succeeding year of said license term, payable annually in advance on the lst day of July of each succeeding year of said license term. X X Except as otherwise herein provided,it is mutually understood and agreed that all the terms, covenants and conditions of said License shrill be and remain in full force and effect. The License herein referred to is not assignable. DATED as of May 9, 1975 SOUTHERN CALIF RNIA EDISON C ANY, By �tMOVED AS TO FORIsds Manager icensor VON P. RO&TA Rightof Way and Land Department CitY Attorney 4-- •-. BAP' y City Attorney* CITY OF HUNTINGTON BEACH 2layor C y Clerk '. r -- -� AT4 »FJY.' - — __� _, M � t r- F 1 : tr..S.ro• E,�,a�•w�x uR ;774. 073 { t Fa �t—t4— tp-�t "— �. !rn! a! Cs trZ o� �i� F t i � � •¢._�I t t 1 F t r t ! i f 7-F-r-TTf . lid serVECe roAd .FOx 5Z d P110.a 6`0 /ncoa y ly Aq Qk- Co �^ ©© B In AREA �_rc, �t� 4 f-'90 D M.s. J d Ya wfr np !60'a,n rt tomd ':Cr,jtN " ,�a p ,. � .,���Jr�`�!a �E��'FiEldhl*CALi�C7fCPJtt"t krQN (A• City of Huntington Beach P.O Box ISO CALIFORNIA 99M OFFICE OF Ti-ifd CITY CLERK July 8, 1975 Southern California Edison Company F.O. Box Ill Huntington Beach, California 92648 Attention. H. W. Compton Manager, Huntington Beach Gentlemen. Enclosed is an executed copy of the License Eenewal for the parksite on the rdison transmission line right-of-way between Brookhurst And BuAard Streets, north of Hamilton Avenue. A copy has been transmitted to the Finance officer for inclusion on the next Warrant Register of payment in the amount of $530. Said agreement was approved by the City Council at its regular meeting held July 7, 1975. We have also forwarded a copy of the renewal to our insurance carrier with a request that they forward a copy of She endorsement to you. Sincerely yours, Alicia 14. Wentworth City Cleric AMW:jmr Encl. -kktyp-r—Gibbs (--J1ed tlu- i-equiar of tilt' Ite ,:ity of Huntington Beach to order .it Piosent: Wisder, Bartlett, Matney, Duke, Gibb6 Absent: Coen. Shipley CONSENT CAL-310AR - (17TUS APPROVED) On motion by 14atneye the following items were approved as recomraended by the following roll call vote; AYES: Wieder, Bartlett, Matney, Duke, Gibbs NOES: None ABSENT. Coen, Shipley PARK LICENSE AGREEMENT RENEWAL - APPROVFD - approved the renewal of a park license agreement between the City and Southern California Edison Company for the right-of- way between Bushard and Brookhurst Streets, north of Hamilton Avenue in the amount of $530 payable annually and authorized the Mayor and City Clerk to execute same on behalf of the City. On motion by---Ba—rtlpatt the regular Meeting Of thV .,Jte Counci, of the City of Huntington Beach adjourned at 9:50 P.14, to Monday, July 14, 1975 at 7:00 P.M. in the Council Chamber The mot..on was passed by the following vote; AYES: Wieder, Bartlett, Matney, Duke, Gibbs NOES: None ABSENT. Coent Shipley Alicia M. Wentworth Fit y Clvxk and of rlve, City Council cif tht- t ATTLST: of Ituotingtott Reach, --,iiittiithio Alicia M. Wentworth Norma Brandel Gibbs City Clerk Mayor STATE OF CALIFORNIA County of Orange j SS: City of Huntington Beach) 1, ALICIA M. WENTWORTH, the duly ei,cl( tekl .iiid quo iifted *iry Clerk of to, i , of HLuitington Beach, California, do hereby cortify that In,, aWo -t: and fore,,- il,i-j I true and correct Statement of Action of Vile City Couvi,-- [ of 'ity at Lht:Ax iou;i-Ar meeting held on the 7th—day i.)f_July 1,) 75 , wi'rNr.ss my ilailLi and sI,-al <.if the Said Clt of Hurst 1,M)t, It fit"A'.ti r III., (ilv— 8th. -rial Jul,y 14) 75 Alicia M. Wentworth 04 thL CUUnVil 0- (A, t Vt. Hunt in ton '.I 1 10 > R Southern California Edison Company PO BOXtti HUNTiNGTON BEACH. CAUIOBNtA 911-11 H. W. COMPTON L' May 29, 1975 A MAGE R.N�-INGT ON BEA GA Re. File No. 04-70,-054 Mr. David D. Rowlands City Administrator City of Huntington Beach P. 0. Box 190 Huntington Beach, Ca. 92648 Dear Mr. Rowlands Enclosed is a renewal of a Park License Agreement for our right-of-way between Bushard and Brookhurst, north of Hamilton. Please have both copies signed, and return the :F~le Copy to this office for handling. Yours very truly, H, W. Compton, Manager Huntington Beach HWC:i mr Enclosure LI k `. 1975 elly of 41nUNGIV VP'Pf'r `~ f Y ORIGINAC COPS' wvRAM PW ej ACV.Im b.89 for.thast& Fife � .. • e SOUTHERN rAl)FOftN1A MISOWCOM PA NY MUST BE RETURNED RENEWAL OF LICENs1w Y CLERK IT IS MUTUALLY AGREED that the License entered into on 91g17 t 26,—11965 —� between SOUTHERN CALIFORNIA E D I S O N COMPANY. a corporation, as Licensor, and f'.T.TV OR MJ-NT11$C'r'.1:2N BEACH , as Licensee,covering P. 0. Box 190, Huntington. Beach, California that certain real property in the County of Orange, State of California, and being more particulalriy described in said original license dated August 26, 1965. This license is granted SUBJECT TO the following: 1. That certain easement to use, maintain, operate, repair and renew existing irrigation pipe lines, as reserved in the deed from Allen T. Gisler, et ux., recorded in book 3779, page 477, of Official Records, in the office of the County Recorder of said County. 2. Covenants, conditions, reservations, restrictions, rights, exceptions, encumbrances, licenses and easements affecting the herein- above described real property, whether of record or not. ALSO EXCEPTING THEREFROM those portions thereof described in easements for road granted to the City of Huntington Beach recorded October 8, 1965 and March 12, 1969 in book 7697, page 174 and book 8897, pa e786 both of Official Records, respectively, in the office i be and the sae s hereby renewed and extended for the further term beginning on u, ly 1. 1970 and ending on mg 30, 1975 un ess iconer,terminated, a rovide�d for in said License. � said County ecor er. he icense . agrees to pay to trte Licensor therefor as follows The sum of Five Hundred Thirty and NollOO ($530.00) Dollars upon the execution and delivery of this license, as an annual rate, payable annually in advance, due each lst day of July' under the term of this license thereof. Except as otherwise herein provided,it is mutually understood and agreed that all the terms, covenants j, and conditions of said License shall be and remain in full force and effect. The License herein referred to is ` ! i not assignable. DATED as of June 11 1970 Q SOUTH < _ALzr RXIA Et;1S0IN COMPAN'.E, Serial Number 33751A ! By V' -PresidentfLieen��r Assistant Secretary PRArA STY Q RKDON P, B Licensee City AUor:tey By � '. L41.t ANI� MAt�SHALI. Agsis.a�t.-City l�ttnrne}1 II 11 ATLANTA 18 ' 117 Ijul I has n I ESM�.Ar C.v B771^c 77 i -�..a_t:• 1�1. Itnc o� S.'/2 J i_.'I4 t � I El `i erv" I -e end N-1 • I Q fl , --�� �--`J'__,_ - __,_tT�i h:is ns _,_._..- - S T`ice:•3 _ _ - I , I �J �{ 1 0 J. o 5.c.F- c,. p J. o. M s. 41-9 0 S. B, B. l I I 1il <13iCK i t?R �S�ta,ti11^ 1 11'; Tra'Y;, 4 4 'a :n -ar ;7ltcr�t� Hai tly nos 9•-`ar�b t7r��.r�� �a1.�4y � Y SER. rabUTHEIgtJ CALIFORNIA <;D75C5N, CO., 440.M RW 46 3m 141 - TENANT PLEASE NOTE; SUBJECT: Southern California Edison Company's Insurance Requirements To aid you in obtaining the proper insurance coverage required under the license agreement, we ask that you take this notice to your insurance broker so he is apprised of our requirements. Coverage: The following coverage is required: The Licensee further agrees to secure and keep in force through- out the life of this agreement, comprehensive bodily injury and property damage liability insurance, including contractual liability with limits of not less than $100,000 for bodily injury or death sustained by any one person; $300,000 for bodily injury or death sustained by two or more persons; and $100,000 for property damage arising out of any one occurrence.. Endorsement: Edison requires a certificate indicating that the following endorsement has been added to the tenant's policy: "In consideration of the permium charged, Southern California Edison Company is added as an additional named insured with respect to the property designated below, The coverages afforded by this policy with respect to liability assumed by contract apply to the contract between Southern California Edison Company and the named insured pertaining to the designated property. The inclusion of more than one named insured under this policy shall not operate to impair the rights of one insured against another insured, and the coverages afforded by this policy shall apply as though separate policies had been issued to each insured. The inclusion of more than one insured shall not, however, operate to increase the limit of the Company's liability. It is understood and agreed that any other insurance carried by Southern California Edison Company which may be applicable, shall be deemed excess and the named insured's insurance primary notwithstanding any conflicting provisions in the named insured's policy to the contrary. Southern California Edison Company shall not, by reason of its inclusion under this policy, incur liability for payment of premium for this policy." In the event of reduction in coverage or cancellation of this insurance, the Company agrees to mail 30 days advance notice of such reduction or cancellation to Southern California Edison Company, P. 0. Box 351, Los Angeles, California 90053, Attention. Insurance Department. Designated Proper AVIL Southern California Edison Company HUNTINGTON BEACH DISTRICT City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 Attention: Mr. Norman Worthy Director of Parks and Recreation Subject. Park License _Huntington Beach--Ellis T/L f,/W W/O Brookhurst R/W File 5-70-54-MC Gentlemen: Enclosed is the original and "vault copy" of a renewal park license agreement for the park site on our transmission line Right of Way between Brookhurst and Bushard Streets just North of Hamilton. Will you please have the license agreement signed by the City and return the "vault copy" to our office. Please forward your check in the amount of $530.00 to cover this years' rental fee. Very truly yours, R. P. Burbank District Representative RPB:amm Enclosures RECOMMENDATION: IT IS THE ADMINISTRATOR'S RECOMMENDATION THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE AGREEMENT, JULY 28, 1970 BANDER _ ASTLE ASSISTANT PI)MI N ISTRATOR � t.1 MIMIMEV 1 R�11 ma! FORM M.:154 ReJ.S-GB so-CALIF.EDISON CO. +' 5/70-'0-54-MC )INN file No.^ LEASEILICENSE PREPARATION AND INSTRUCTION SHEET .. Lease License X New Renewal X Date May 21, 1970 ,c,,;/Licensor SOUTHERN CALIFORNIA EDISO`:COMPANY }ty /Licensee CITY OF HUNTINGTON BEACH Address of L,-=/I.icensee�F. 0, Box 190, Huntington Beach, California - Telephone No. 536-6551 Description: HUNTINGTON LEACH•-ELLIS TL R/td BrooRhurst Street, westerly to Bushard Street Doc�nlentNo. ScrialNo. 33751A MajiMawingNo._ 556827--556828 ;r 7'crnl_ _ iV0_���years Frorn____Jul,y l 1970� To June 30, 1975 Rental Amount -5-39.0 ,a _ ear atV,4SO�.Q._0 per taerc_per ygear Instal l*.:r r.t_unnu4l _Y__ _ Amount of Each Installment Pre,iou>I2cnt,ilAmount $530000 near at $50,00 per acre per year Use__ _City,_Park__ Area 10.6 Acres waterraTe�eff le_1il=_s HuildinjN___X1�2L1 Insurancrya:L rc] azk requir inents ___._.__ Remaiks. Initial Amount Received______ _Date Received �_Y Receipt No. origim; 1.eaQjLicense Dk!livercd to Lessee/Licensee A1,11ROVrl) s_J..v_)1 atia Instrudions: Cl pirt in: Dist.My._Fi o _Gi_4Tgj?j,ipjj_ Roat4 and R/W Supv __ Be 3..K t11 _ Date Sent fo Title Section I3y I., `f° Carvers Jr. I { Albdlk LICENSE 2 ((' 3i THIS AGREEMENT, made and entered into as of the Loth Al day of August , 1965, by and between SOUTI-ERN _ 51 CALIFORNIA EDISON COMPANY, a corporation organized under the 6 � Laws of the State of California, hereinafter called "Licensor", 71 and THE CITY OF HUNTINGTON BEACH, hereinafter called "Licensee"; 8 � 'WITNESSETH• � 1 That the Licensor, for and in consideration of the 101 faithful performance by the Licensee of the terms, covenants, 11 � and agreements hereinafter set fortfn to be kept and performed 121 by the Licensee, does hereby give to the Licensee, this license 131i to use that certain real property hereinafter described, for a 14 period of five (S) years, commencing on the Ist day of July, xz 15 I065 and endin. on the 30th day of June, 1970, unless sooner 16 � terminated as herein provided, solely for the purposes herei.n- a 1 17i after specified and iipon and subject to the reserva� ", terms, oy 18 covenants and conditions hereinafter set forth, t o 191� The real property hereinabove referred to is loi:ated in z 20 the County of Orange, State of California, and is described as m 211 follows: z 221 The North 180 feet of the South half of the Northeast quarter of 231 Section 18, Township 6 South, 24 Range 10 West, S.B.B. and M. 25 � EXCEPTING THEREFROM those portions E Il thereof lying within Bushard Street, 1) 40 feet wide, and Brookhurst Street, 4 26 , 80 feet wide. 27 SUBJECT TO: 28 (1) That certain easement to use, 29 maintain, operate, repair and renew existing irrigation. pipe lines, as 30 reserved in the deed from Allen T. Gisler, et ux., recorded in 'Book 3779, 31 page 477, of Official Records, in the office of the County Recorder of said 32 County. Y { t 1 3 Covenants, conditions, reservations, restrictions, rights, exceptions., encumbrances, 2 ' licenses and easements affecting the herein- above described real property, whether of 3 record or not. i� 1. The Licensee agrees to pay to the Licensor the sum sf� of $530.00 per year rental annually in advance for the real. 7 'i property covered by the within Grant of License. Licensee agrees a 'i to pay the first' of such annual installments of $530.00 upon g the date of execution hereof and to pay further installments/of 10 ; $530.00 eachion the first day of July of each and every . :ar a 11 that the within license is in existence. I 12 2. The Licensee agrees to use the above-described i 13 :' premises for park purposes only, Licensee further agrees that 14 '! all facilities planned to be installed on the above-described 15 real property, the location thereof and all plans and specifi- } 16 cations relative thereto, shall be subject to the prior written { 17 approval of the Licensor. Retails requiring approval shall 1$ If include, but not be limited to, the grounding of all metal equip- 19 � went, the elevation of all structures above the ground and. the { 20 1 installation of underground pipes, sewer lines and other I 21 ' structures Should the Licensor determine it to be necessary for ° L y 22 the Licensee to relocate or remove any of its facilities con- structed pursuant to the rights herein granted, the Licensee 24 agrees to so relocate or remove at its own expease upon written 25 request by the Licensor. 26 ^ 3. This license is given pursuant to the author}..ty of 27 and upon and subject to the conditions prescribed by General 28 11 order No. 69-•B of the Public Utilities Commission of the State � 2911 of California, dated and effective September 10, 1963, which 30 .1 General Order No. 69-B by this reference is hereby incorporated 311j herein and made a part hereof. 321 -2- it r' I �= s '+q The licensor reserves for itself, its successors 2 and assii,ns, the right to construct, maintain, operate, repair, g 31 replace and/or inspect upon, over and I�n said property 4 Vl transmission lines for el actric energ,7, telephone lines and/or 5ff pipelines, together with applirtenant structures and the right to 6 � use said property or any portion thereof, for any purpose that 71 said Licensor may desire in connection with its busine5a, 8j together with the right: to enter upon said premises or any o ,j portion thereof, at all times for any or all of the above- joil mentioned purposes, all of which rights may be exercised without 11 ; he p2ymex,t of any compensation or damriges whatsoever for the 12 'II destruction of any property on the above-described land 13 :1 resulting from the exercise of the said rights or any thereof. 14 ,� �, Licensee agrees to construct a chain-link. fence 151 around each electric line tower located within the hereinabove I! 16 ;i described property and to provide suitable access gates and 17 driveways„ all in accordaace with specifications approved by ii 18 '! the Licensor. Licensee agrees to keep all trees on said 19 ; properly trimmed to a maximuat )-,eight of fifteen. (15) feet. 20 6. TILLis license is personal, to the. Licensee,, and the 21i; Licensee shall not assign or transfer this license or any 22 :'i privilege thereunder, in whole or in part, and any attempt to 23 •, so do shall be void and shall confer no right or any third 24 party. 11 251( 7. L.icensee agrees to pay all --harges and assessments i 2Ej{ for or in connection with water, electric current, or ether y 27 ;{ y p p f � utilities which m$ be furnished to or used upon said . remises ., 28j by the Licensee during the continuance of this 'License, and 29 agrees to pay, w� en. due, all taxes a~d assessments wh:?ch may be 30 levied upon property which h:,� may cause to be placed or maintained S 31j upon the said property, ar.d agrees to keep said premises free. 32 from all liens and encumbrances by reason of the use or -3- I 1j t7 r .f i occupancy of said property by itself or any person, firm or r 2 corporation, claiming under it, it is further agreed that in I 3 !� the event the Licensee shall fail to pay the above-mentioned 4 taxes, assessments, charges or liens when due. the Licensor 3 a shall have the right to pay the same and charge the amount there- 6 of to the Licensea, who agrees to pay the same on demand, togethe I 7 with seven percent (7%) interest from the date of expenditure by 8 the Licensor. � 3, The Licensee agrees that it will not park or allow 10 the parking of any motor vehicles on any p:,rtion of said property 11 9, Licensee shall indemnify and sT:i.e harmless, the 12 Licensor and any and all of 'Licensor`s officers, agents and 13 employees, from any and all claims, demarAs Loss, damage, 14 expense, and/or liability, including court costs and attorney 1$ fees, whether to any persons or to any property to wiiich Licensor 16 or said parties may be PL., or subject resulting :U., any manner, 17 directly or indirectly, from any use of the above-described 18 property under the terms of this license or otherwise, notwith- 19 standing the circ�7:� sl stances that Licensor may or ay not also be 201 alleged and/or determined to have been concuir,antly or. otherwise, 21 negligent and/or to have jointly caused or coatLihuted by such 22 negligence to any such claims, demands, Loss, damage, expense ?3 and/or liability in any such case. 241 10. The Licensee further agrees to secure and keep in 25 force., so 1.01.,� as this license has not been cancelled or termina- 26 ted or has not expired, comprehensive bodily injury and property 27 damage :lability insurance, including contractual liability, 28 with a combined single limit of not Less than. Five Hundred 29 Thousand Dollars ($500,000), Such insuranca is to be placed with 30 companies and be in: a form s,:,tisfactory to Licensor and shall be 31 in the n=e of the Licensee with the. Licensor named therein Pta 32 b t � k , k 1 ; an additional assured. it is further agreed that the policy so li 2 ;'' secured and maintained shall specifically provide that any other ,�3 � insurance carried by the Licensor which may be applicable, shall a � be deemed excess and non-contributing and the Licensee's 5 � insurance primary despite a--ay conflicting provisions to the g contrary; and the said insurance shall. curtain an endorsement ; 7 , providing that such insurance coverage as is provided for 8EI therein shall apply to the obligations assumed by the Licensee 9 � under this license. The policy herein shall further provide 10 that in the event of a material change or cancellation, the w; 11I insurance underwriters are required to furnish Licensor Thirty F 12 (30) Days' prior written notice of any change or cancellation 13 `4 by registered mail directed to Southern California Edison Company 14 ) P. a. Box 351, Los Angeles, California 90053, attention of the Z5 {{� insurance Manager. Certified copies of said insurance policy 16I or policies shall be furnished to the Licensor., 17 I . - '11. Subject to the pro,-isions of paragraph 3 herein, 18 it is hereby further agreed that either party hereto may, if it 19 ,}1� so elects, terminate this License at any time prior to the 2011 expiration of the term thereof by giving one (1) year's previous 21 � notice in writing for that purpose, by personal service of. such 221 notice or by depositing the same enclosed in An envelope in the i 23 � PosL Office of the United States, and upon expiration of said 24 one (1) year, this license shall wholly cease and terminate, 25 � 12, No termination or caucell.atior hereof shall release 26 the Licensee from any liability or obligation (whether of 27 indemnity or otherwise) which may have attached or accrued 28 previous to or which may be accruing at the t. ,e of such 29 termination or cancellation,, OV 13. The location of the real property herein described 31 is shown on that particular Southern California Edison Company 32 print bearing Serial No, 3375hl,, attached hereto marked Exhibit I Y II Z i l4AiS 2I IN WITNESS WHEREOF, the parties hereto have caused 3 � this instrument to be executed in duplicate as of the day and 4 year herein first above written, 5 SOUTHYRDI CALIFORNIA EDISON CO MANY, a corporation 6 � 7I D `` By o 8I Vice es3- ent s L- 9 By 10 ) ssistart Secretary, 11 � I LICENSOR 12 13 � CITY OF HUNTINGTON BEACH 141 16 NAYO. By 1$ -- - -- - - z`}=- GIT'i CLEn _ _ LICENSEE 19 - ----(tTi ATTOIRWY 20 21 , 22 23 24 25 26 Ca ►GL'ff 27 28 l i 29 30 31 -6- 32 r r I'A - f _ I a r. far Oil! 4L1{y+ z } ¢ S{ A +t a « e t € I J ? CIA }' SER. `.w " + SOUTHt-:RN CAUFORMIA ED15ON CO, FOG ,µW 4E iM 141 311 *« 32 !� F r� 9r