HomeMy WebLinkAbout25A - AGMT - BRISTOL ALTON BIKE TRAILREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 4, 2013
TITLE:
AGREEMENT TO EXTEND LICENSE WITH
SOUTHERN CALIFORNIA EDISON
COMPANY FOR THE BRISTOL/ALTON
BIKE TRAIL
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 151 Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached five-year license
agreement with Southern California Edison Company to continue the use of Edison property for the
Bristol/Alton Bike Trail, in an amount not to exceed $1,250 for the five year term, subject to non-
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On May 1, 2008 City Council approved a five-year license agreement with Southern California
Edison Company for the use of property at Bristol and Alton for parks and public recreational
purposes. The property is used for the Alton Bike Trail connection between the Pacific Electric Bike
Trail and the Santa Ana River Bike Trail. This is a critical connection for the City's Golden Loop Bike
Trail System. Five years ago, the City installed a 10 foot wide asphalt bike trail, irrigation and
landscaping on the property and continues to maintain the site. The license agreement will expire
on April 30, 2013. The current annual payment is $200/yr. The new five year agreement will be
$250/yr or a total of $1,250 for five years.
FISCAL IMPACT
Fund are available in the Parks Recreation and Community Services, under Administrative Services
account (account 01113200 62300).
Gerar Mouet,
Executive Director
Parks, Rec. and Community
Services Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance and Mgmt. Services Agency
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SOUTHERN CALIFORNIA
EDISON Michael Orduno
Real Properties Department
An EDISOA I VTER:NATIONAL01 Company Michael.orduno@sce.com
City of Santa Ana January 4, 2013
Department of Parks and Recreation
P. O. Box 1988 M-23
Santa Ana, CA 92702
SUBJECT: Subsequent License Agreement
Ellis-Johanna 220kV T/L RNV (Fee)
N/O Alton Avenue, E/O Bristol Street, City of Santa Ana
Account Number: 9.5074
Your present Parks and/or Public Recreation License Agreement expires on April 30,
2013. A subsequent License Agreement has been prepared and executed on behalf of
Southern California Edison Company.
The fees for the License Agreement are outlined in Article 3 of the new enclosed License
Agreement. Please execute the enclosed File Copy and return it in the self-addressed
envelope provided. The Customer's Copy is for your records. Please send in $1,250.00
for the full 5-year term with your executed License Agreement.
Please note Article 4, Insurance, of the enclosed License Agreement which requires you
to secure and keep in force an insurance phlicy, including Southern California Edison
Company as an additional insured, and to ibrovide evidence of such insurance.
This Agreement is not valid until we have received the signed License Agreement, proof
of insurance, and your check in the above amount. Please feel free to contact me at (626)
302-4387 if you should have any questions or concerns on this matter.
Best Regards,
--
L-A ( , :)
MICHAEL ORDUNO, CCIM
Land Services Agent
Enclosures
cc: Eddie Marquez, SCE
Pam Thomas, SCE
Randy Adams, SCE
2931 Walnut Grove Avenue Rosemead. CA 91770
(626) 302-4387 Fax (626) 302-8160
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CITY OF SANTA ANA, DEPARTMENT OF PARKS AND RECREATION
SCE Doc. 319004 Att. Contract No. 9.5704
(Formerly Contract No. L2170)
L I C E N S E A G R E E M E N T
INDEX OF ARTICLES
1.USE
2.TERM
3. CONSIDERATION
4.INSURANCE
5.LICENSOR'S USE OF THE PROPERTY
6.LICENSEE'S IMPROVEMENTS
7.LICENSEE'S PERSONAL PROPERTY
8. HEIGHT LIMITATIONS AND VERTICLE CLEARANCES
9.ACCESS AND CLEARANCES
10. PARKING
11. WEEDS, BRUSH, RUBBISH AND DEBRIS (WEED ABATEMENT):
12. FLAMMABLES, WASTE AND NUISANCES
13. PESTICIDES AND HERBICIDES
14. HAZARDOUS WASTE
15. SIGNS
16. FENCING
17. PARKWAYS AND LANDSCAPING
18. IRRIGATION EQUIPMENT
19. UNDERGROUND TANKS
20. UNDERGROUND FACILITIES
21. UTILITIES
22. TAXES, ASSESSMENTS AND LIENS
23. EXPENSE
24. ASSIGNMENTS
25. COMPLIANCE WITH LAW
26. GOVERNING LAW
27. INDEMNIFICATION
28. TERMINATION
29. EVENTS OF DEFAULT
30.rREMEDIES
31. NON-POSSESSORY INTEREST
32. WAIVER
33. AUTHORITY
34. ATTORNEY FEES
35. ELECTRIC AND MAGNETIC FIELDS
36. NOTICES
37. RECORDING
38. COMPLETE AGREEMENT
APPENDIX:
GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS
ADDENDUMfSI:
PARK USE
BICYCLE PATH
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SCE Doc. 319004 Att.
LICENSE AGREEMENT
Contract No. 9.5704
(Formerly Contract No. L2170)
THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation
organized under the laws of the State of California, hereinafter called "Licensor", and CITY OF SANTA
ANA, DEPARTMENT OF PARKS AND RECREATION, hereinafter called "Licensee";
WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the
terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does
hereby give to Licensee the license to use that certain real property solely for the purpose hereinafter
specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth,
hereinafter designated as "Property" on the Exhibit "A" attached hereto and made a part hereof, being
0.22 acres, situated in the City of Santa Ana, County of Orange, State of California.
The subject Property is further described as follows:
That portion of Parcel 3, as shown on a map filed in Book 28, Page 41, of Parcel Maps, in the
Office of the County Recorder of said County, described as follows:
Beginning at the Northeasterly corner of said Parcel 3, said Northeasterly corner being
the Northeasterly terminus of a curve concave Northwesterly, having a radius of 1186.2 feet, a central
angle of 23' 02' 34" and a length of 477.09 feet, a radial line passing through said Northeasterly
terminus bears South 23' 31' 20" East; thence along the Easterly line of said Parcel 3, South 00' 40'
30" West, 10.92 feet; thence South 60' 18'02" West, 183.55 feet; thence North 9' 49'38" West, 302.50
feet to a point in a non-tangent curve concave Easterly having a radius of 27.00 feet, a radial line
passing through said point bears South 70° 29'35" West; thence Northerly along along the arc of said
curve through a central angle of 05° 08' 37", a distance of 2.42 feet to the Westerly terminus of the
non-tangent curve, hereinbefore first referred to, having a radius of 1186.28 feet, a radial line passing
through said Westerly terminus bears South 00' 29' 31" East; thence Northeasterly along the arc of
said curve through a central angle of 23° 02'34", a distance of 477.09 feet to the Point of Beginning.
SUBJECT TO:
Covenants, conditions, restrictions, reservations, exceptions, rights and easements,
whether or not of record, but not limited to the following:
A. An easement for storm drain purposes in favor of the City of Santa Ana, recorded
December 8, 1980, in Book 13864, Page 1063 of Official Records, in the office of the County Recorder
of said County.
B. An easement for sewer lines in favor of County Sanitation District No. l of Orange
County, recorded July 24, 1952, in Book 2347, Pages 306 and 307 of Official Records, in the office of
the County Recorder of said County.
C. A Road Easement in favor of County Sanitation District No. 1 of Orange County,
recorded June 6, 1983, as Instrument No. 83-261595, in the office of the County Recorder.
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1. Use: Licensee will use the Property for parks and/or public recreation purposes only.
Licensor makes no representation, covenant, warranty or promise that the Property is fit for any
particular use, including the use for which this Agreement is made and Licensee is not relying on any
such representation, covenant, warranty or promise. Licensee's failure to utilize the Property in
accordance with this License as determined by the Licensor in its sole discretion will be grounds for
immediate termination of this Agreement in accordance with Article 29.
2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect
for a term of five (5) years commencing on the first day of May, 2013 and ending on the last day of
April, 2018. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent
agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the
improvements Licensee places on or makes to the Property, or for any other reason.
3. Consideration: Licensee will pay to Licensor the sum of Twelve Hundred Fifty and
00/ 100 Dollars ($1,250.00) upon the execution and delivery of this Agreement, for the full term of this
Agreement.
All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten
percent (10%) of the amount due. To the extent a payment is not made within sixty (60) days, Licensor
may increase the late fee to twenty percent (20%) of the amount due. Licensor shall further be entitled
to any other fees associated with collection of the unpaid amounts (including, but not limited to
attorney's fees and costs).
All payments subsequent to the initial payment will be paid to the Southern California Edison
Company, Post Office Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting
Department - Accounts Receivable.
insurance:
4. Insurance: During the term of this Agreement, Licensee shall maintain the following
(a) Workers' Compensation with statutory limits, in accordance with the laws of the State
of California and Employer's Liability with limits of not less than $1,000,000 each
accident, disease/each employee, and disease/policy limit. Licensee shall require its
insurer to waive all rights of subrogation against Licensor, its officers, agents and
employees, except for any liability resulting from the willful or grossly negligent acts of
the Licensor.
(b) Commercial General Liabilitv insurance, including contractual liability and products
liability, with limits not less than $2,000,000 per occurrence. Such insurance shall: (i)
name Licensor, its officers, agents and employees as additional insureds, but only for
Licensee's acts or omissions; (ii) be primary for all purposes (iii) contain separation of
insureds or cross-liability clause, and (iv) require its insurer to waive all rights of
subrogation against Licensor, its officers, agents and employees, except for any liability
resulting from the willful or grossly negligent acts of the Licensor.
(c) Commercial Automobile Liability insurance with a combined single limit of $1,000,000.
Such insurance shall cover the use of owned, non-owned and hired vehicles on the
Property.
(d) Self-insurance: Licensee may self-insure all of the insurance requirements above if they
belong to an approved Secondary Use Category and the self-insurance is maintained
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under a self-insurance program reasonably satisfactory to Licensor. Parks and/or
public recreation use is an approved Secondary Use Category. Licensee may submit
written verification of self-insurance to meet the above insurance requirements.
Licensee shall provide Licensor with proof of such insurance by submission of certificates of
insurance, pursuant to Article 36 "Notices", at least ten days prior to the effective date of this
Agreement, and thereafter at least ten days prior to each insurance renewal. Such insurance shall not
be canceled nor allowed to expire, nor be materially reduced, without thirty days prior written notice to
Licensor, ten days for non-payment of premium. The required insurance policies shall be maintained
with insurers reasonably satisfactory to Licensor, and shall be primary and non-contributory with any
insurance or self-insurance maintained by Licensor.
5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and
assigns, have the right to enter upon the Property, at all times, for any purpose, and the right to
conduct any activity on the Property. Exercise of these rights by Licensor, its successors and assigns,
will not result in compensation to Licensee for any damages whatsoever to personal property and/or
crops located on the Property.
6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval,
complete improvement plans, including grading plans, identifying all existing and proposed
improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee's
conceptual plans for proposed improvements shall be developed in accordance with the guidelines
contained in the Appendix to this License. It is understood and agreed that the general guidelines
contained in the Appendix are intended to provide a framework for the development of conceptual
plans only; and that Licensor may modify or add to the conditions contained in the Appendix hereto,
based on individual site characteristics, Licensor's existing or potential operating needs or Licensee's
proposed use(s). Licensee must submit, for Licensor's prior written approval plans for any
modifications to such improvements. Written approval may be modified and/or rescinded by Licensor
for any reason whatsoever. At any time, Licensee may be required to modify and/or remove any or all
such previously approved improvements at Licensee's risk and expense and without any compensation
from Licensor. Licensor is not required, at any time, to make any improvements, alterations, changes
or additions of any nature whatsoever to the Property. Licensee expressly acknowledges that any
expenditures or improvements will in no way alter Licensor's right to terminate in accordance with
Article 28.
7. Licensee's Personal Propert y: All approved equipment and other property brought,
placed or erected on the Property by Licensee shall be and remain the Property of Licensee, except as
otherwise set forth herein. If Licensee is not in default hereunder, Licensee shall have the right to
remove the same from the Property at any time prior to the expiration or earlier termination of this
Agreement; provided, however, that Licensee shall promptly restore any damage to the Property
caused by the removal. If Licensee is in default, however, such equipment or other property shall not
be removed by Licensee without Licensor's written consent until Licensee has cured such default, and
Licensor shall have a lien thereon to the extent thereof. Licensee further acknowledges and agrees that
Licensor is not responsible for Licensee's property. Licensor further assumes no duty or obligation to
maintain or secure Licensee's property including, but not limited to such times when Licensee's
property may not be removed by Licensee from the Property in the event of a default.
8. Height Limitations and Vertical Clearances: Any equipment used by Licensee or its
agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as
to maintain minimum clearances from all overhead electrical conductors as designated in the table
below:
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Vehicle/ Equipment Vertical Clearance
500 kV 36 feet
220 kV -- 66kV 30 feet
<66kV Distribution facilities 25 feet
Telecom 18 feet
All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15)
feet. If requested by Licensor, Licensee will remove, at Licensee's expense, any tree and/or other
planting.
9. Access and Horizontal Clearances: Licensee will provide Licensor with adequate access
to all of Licensor's facilities on the Property and at no time will there be any interference with the free
movement of Licensor's equipment and materials over the Property. Licensor may require Licensee to
provide and maintain access roads within the Property, at a minimum usable width of sixteen (16)
feet, together with commercial driveway aprons and curb depressions capable of supporting a gross
load of forty (40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on
curves by a distance equal to 400/inside radius of curvature. All curves shall have a radius of not less
than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in
writing by Licensor, Licensee will make no use of the area directly underneath Licensors towers and
will maintain the following minimum clearances at all times:
a. A 50-foot-radius around suspension tower legs, H-Frames and poles and 100-foot
radius around dead-end tower legs, H-Frames and poles.
b. A 25-foot-radius around all other poles.
NOTE: Additional clearance may be required for structures.
10. Parkin: Licensee will not park, store, repair or refuel any motor vehicles or allow
parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically
approved in writing by Licensor.
11. Weeds, Brush, Rubbish and Debris (Weed Abatement): Licensee will keep the Property
clean, free from weeds, brush, rubbish and debris and in a condition satisfactory to Licensor.
12. Flammables. Waste and Nuisances: Unless permitted by Licensor in writing, Licensee
will not, or allows others to place, use, or store any flammable or combustible materials or waste
materials on the Property or commit any waste or damage to the Property or allow any to be done.
Licensee will be responsible for the control of and will be liable for any damage or disturbance, caused
by dust, odor, flammable or waste materials, noise or other nuisance disturbances. Licensee will not
permit animals on the Property.
13. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will
be made in accordance with all federal, state, county and local laws. Licensee will dispose of all
pesticides, herbicides and any other toxic substances declared to be either a health or environrnental
hazard, as well as all materials contaminated by such substances, including but not limited to,
containers, clothing and equipment, in the manner prescribed by law.
14. Hazardous Waste: Licensee will not engage in, or permit any other party to engage in,
any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to
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hazardous, toxic or infectious materials and/or waste. Licensee will indemnify and hold Licensor, its
directors, officers, agents and employees, and its successors and assigns, harmless from any and all
claims, loss, damage, actions, causes of action, expenses and/or liability arising from leaks of, spills
of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations,
which may occur during and after the Agreement term, and are attributable to the actions of, or failure
to act by, Licensee or any person claiming under Licensee.
15. Signs: Licensee must obtain written approval from Licensor prior to the construction
or placement of any sign, signboard or other form of outdoor advertising. Licensee shall within three
(3) days from the date on which the Licensee becomes aware of the graffiti remove any signs containing
graffiti or shall otherwise remove such graffiti from the signs in a manner reasonably acceptable to
Licensor. Licensee shall not advertise on any Sign any product, service, or good which is offensive to
the public or which Licensor, in its reasonable discretion, deems objectionable.
16. Fencing: Licensee may install fencing on the Property with prior written approval from
Licensor. Such fencing will include double drive gates, a minimum of twenty (20) feet in width,
designed to accommodate Licensor's locks, in locations specified by Licensor. Licensee will ground
and maintain all fencing in a manner acceptable to Licensor.
17. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent
to the Property free of weeds, brush, rubbish and debris. Licensee will maintain parkways on the
Property and provide landscaping that is compatible with adjoining properties and that is satisfactory
to Licensor.
18. Irrigation Equipment: Any irrigation equipment located on the Property prior to the
commencement of this Agreement, including but not limited to pipelines, well pumping equipment and
other structures, is the property of Licensor and will remain on and be surrendered with the Property
upon termination of this Agreement. Should Licensee desire to use the irrigation equipment, Licensee
will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense.
19. Underground and Above-Ground Tanks: Licensee will not install underground or
above-ground storage tanks, as defined by any and all applicable laws or regulations, without
Licensor's prior written approval.
20. Underground Facilities: Any underground facilities installed or maintained by Licensee
on the Property must have a minimum cover of three feet from the top of the facility and be capable of
withstanding a gross load of forty (40) tons on a three-axle vehicle. Licensee will comp, ct any earth
excavated to a compaction of ninety percent (90%). Licensee will relocate its facilitie§ at its own
expense so as not to interfere with Licensor's proposed facilities.
21. Utilities: Licensee will pay all charges and assessments for, or in connection with,
water, electric current or other utilities which may be furnished to or used on the Property.
22. Taxes, Assessments and Liens: Licensee will pay all taxes and assessments which may
be levied upon any crops, personal property, and improvements, including but not limited to,
buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens,
including but not limited to, mechanics liens and encumbrances by reason of use or occupancy by
Licensee, or any person claiming under Licensee. If Licensee fails to pay the above-mentioned taxes,
assessments or liens when due, Licensor will have the right to pay the same and charge the amount to
the Licensee. All accounts not paid within 30 days of the agreed upon due date will be charged a "late
fee" on all amounts outstanding up to the maximum rate allowed by law.
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23. Expense: Licensee will perform and pay all obligations of Licensee under this
Agreement. All matters or things herein required on the part of Licensee will be performed and paid
for at the sole cost and expense of Licensee, without obligation on the part of Licensor to make
payment or incur cost or expense for any such matters or things.
24. Assignments: This Agreement is personal to Licensee, and Licensee will not assign,
transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so
will be void and confer no right on any third party.
25. Compliance with Law: Licensee will comply with all applicable federal, state, county
and local laws, all covenants, conditions and restrictions of record and all applicable ordinances,
zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public
authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent
thereto. Licensee will obtain all permits and other governmental approvals required in connection with
Licensee's activities hereunder.
26. Governing Law: The existence, validity, construction, operation and effect of this
Agreement and all of its terms and provisions will be determined in accordance with the laws of the
State of California.
27. Indemnification: Licensee shall hold harmless, defend and indemnify Licensor, its
officers, agents and employees, and its successors and assigns, from and against all claims, loss,
damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or
damage to property, including that of Licensor, or injury to or death of persons, including employees of
Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the
use or occupancy of the Property by Licensee or any person claiming under Licensee.
28. Termination: Licensor may cancel and terminate this agreement, at any time, for any
reason for all or any portion of the licensed Property, upon thirty (30) days notice in writing. Licensee
may cancel and terminate this agreement at any time, for any reason for all of the licensed Property,
upon thirty (30) days notice in writing. In the event Licensee wishes to cancel and terminate this
agreement for a portion of the licensed property, Licensee will request Licensor's consent to either an
amendment or a new license, such consent may be withheld in Licensor's sole and absolute discretion.
To the extent an amendment or new license is granted, Licensee shall peaceably quit, surrender and,
prior to termination date, restore the Property being vacated to the condition in which it existed prior
to Licensee's use of the Property in a manner satisfactory to Licensor. Termination, cancellation or
expiration does not release Licensee from any liability or obligation (indemnity or otherwise) which
Licensee may have incurred. Licensee's continued presence after termination shall be deemed a
trespass. To the event of a termination for any reason other than non-payment of the License fee,
Licensor shall refund any previously collected/pre-paid License fees covering the unused portion of the
remaining term.
29. Events of Default: The occurrence of any of the following shall constitute a material
default and breach of this Agreement by Licensee:
(a) Any failure by Licensee to pay the consideration due in accordance with Article 3, or to
make any other payment required to be made by Licensee hereunder when due.
(b) The abandonment or vacating of the Property by Licensee.
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(c) Any attempted assignment or subletting of this Agreement by Licensee in violation of
Article 24.
(d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or
other rule of any governmental agency in connection with Licensee's activities
pursuant to this Agreement.
(e) A failure by Licensee to observe and perform any other provision of this Agreement to
be observed or performed by Licensee, where such failure continues for the time period
specified in a written notice thereof by Licensor to Licensee.
(i) Any attempt to exclude Licensor from the licensed premises.
(g) The making by Licensee of any general assignment for the benefit of creditors; the
appointment of a receiver to take possession of substantially all of Licensee's assets
located on the Property or of Licensee's privileges hereunder where possession is not
restored to Licensee within five (5) days; the attachment, execution or other judicial
seizure of substantially all of Licensee's assets located on the Property or of Licensee's
privileges hereunder, where such seizure is not discharged within five (5) days.
(h) Any case, proceeding or other action brought against Licensee seeking any of the relief
mentioned in "clause g" of this Article which has not been stayed or dismissed within
thirty (30) days after the commencement thereof.
30. Remedies: In the event of any default by Licensee, then in addition to any other
remedies available to Licensor at law or in equity, Licensor shall have the immediate option to
terminate this Agreement and all rights of Licensee hereunder by giving written notice of termination
to Licensee. Upon termination, Licensor will have the right to remove any and all of Licensee's
personal property from the Property, including but not limited to, buildings, structures, fixtures, or
goods. In addition, Licensor may immediately recover from Licensee all amounts due and owing
hereunder, plus interest at the maximum rate permitted by law on such amounts until paid, as well as
any other amount necessary to compensate Licensor for all the detriment proximately caused by
Licensee's failure to perform its obligations under this Agreement. Such amounts shall include, but
are not limited to environmental studies and environmental remediation and/or cleanup attributable
to Licensee's use of the Property. Licensor shall have no obligation to keep or otherwise maintain
Licensee's property and may, at its option sell such property or otherwise dispose of it.
31. Non-Possessory Interest: Licensor retains full possession of the Property and Licensee
will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of
this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any
such interest. Any violation of this provision will immediately void and terminate this Agreement.
32. Waiver: No waiver by Licensor of any provision hereof shall be deemed a waiver of any
other provision hereof or of any subsequent breach by Licensee of the same or any other provision.
Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining
of Licensor's consent to or approval of any subsequent act by Licensee.
33. Authority: This Agreement is pursuant to the authority of and upon, and is subject to
the conditions prescribed by General Order No. 69-C of the Public Utilities Commission of the State of
California dated and effective July 10, 1985, which General Order No. 69-C, by this reference, is
hereby incorporated herein and made a part hereof.
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34. Attorneys' Fees: In the event of any action, suit or proceeding against the other,
related to this Agreement, or any of the matters contained herein, the successful party in such action,
suit or proceeding shall be entitled to recover from the other party reasonable attorney fees incurred.
35. Electric and Magnetic Fields ("EMF")7 There are numerous sources of power frequency
electric and magnetic field ("EMF°), including household or building wiring, electrical appliances and
electric power transmission and distribution facilities. There have been numerous scientific studies
about the potential health effects of EMF. Interest in a potential link between long-term exposures to
EMF and certain diseases is based on the combination of this scientific research and public concerns.
While some 40 years of research have not established EMF as a health hazard, some health
authorities have identified magnetic field exposures as a possible human carcinogen. Many of the
questions about specific diseases have been successfully resolved due to an aggressive international
research program. However, potentially important public health questions remain about whether
there is a link between EMF exposures in homes or work and some diseases including childhood
leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific
research is continuing on a wide range of questions relating to exposures at both work and in our
communities, a quick resolution of the remaining scientific uncertainties is not expected.
Since Licensee plans to license or otherwise enter Licensor property that is in close proximity to
Licensor electric facilities, Licensor wants to share with Licensee and those who may enter the
property under this agreement, the information available about EMF. Accordingly, Licensor has
attached to this document a brochure that explains some basic facts about EMF and that describes
Licensor policy on EMF. Licensor also encourages Licensee to obtain other information as needed to
assist in understanding the EMF with respect to the planned use of this property.
36. Notices: All notices required to be given by either party will be made in writing and
deposited in the United States mail, first class, postage prepaid, addressed as follows:
To Licensor: Southern California Edison Company
Real Properties Department
Land Management - Southern Region
2131 Walnut Grove Avenue
Rosemead, CA 91770
To Licensee: City of Santa Ana, Department of Parks and Recreation
P. O. Box 1988 M-23
Santa Ana, CA 92702
Business Telephone No. (714) 571-4200
Licensee will immediately notify Licensor of any address change.
37. Recording: Licensee will not record this Agreement.
38. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions
and any appendix, addenda and exhibits attached hereto constitute the entire Agreement between the
parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate.
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CITY OF SANTA ANA SOUTHERN CALIFORNIA EDISON COMPANY CIRA-- (0 -
By
( ,3 LICENSOR
By:
Interim City Manager Date
MICHAEL ORDUNO
Land Services Agent
Land Management - Southern Region
ATTEST: Real Properties Department
MARIA D. HUIZAR RECOMMENDED FOR APPROVAL:
Clerk of the Council CITY OF SANTA ANA, DEPARTMENT OF PARKS
AND RECREATION
By
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: LISA STORCK
Assistant City Attorney
Executive Director LICENSEE
Date
Print Name: GERARDO MOUET
Executive Director
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LEGEND
LANDS OF SOUTHERN CALIFORNIA EDISON
BEING LICENSED TO CITY OF SANTA ANA 0 100 200
DEPT. OF PARKS AND RECREATION
FOR PARK AND/OR PUBLIC USE SCALE IN FEET
APPROXIMATE TOWER LOCATION (25' CLEARANCE)
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AL AREA (CROSS) SQ.FT. 9583 AC. 0.22
FACILITY NAME: ELLIS-JOHANNA TA R/W P.I.D. NO. 5012039 NDT+ N0T201798566_9.5074
LICENSEE: CITY OF SANTA ANA, DEPT OF PARKS & RECREATION CITY- SANTA ANA T.G.+ 859 D-2
PROPERTY NO. : POJEL859D21 R/P AGENT:MICHAEL ORDUND COUNTY DRANGE I STATE, CA
LAND MAPPING, IVY TAN ACCOUNT NO.: 9.5074 soUtIORN UL11ORN1A
SANDERS MAP NO.: 5151295, 5151296 OTHER REF.: ASSESSORS MAP, PREVIOUS EXHIBIT MAP i E D I S O N
M.S., 42-92 DATE, 01/15/13 .1? rurs+n r.?rre.v tia?? a c,. r .n
FILe NaMe+ 2012NOT201798566-9.5074
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APPENDIX
Guidelines for Standard Licensee Improvements
The following criteria are provided to aid in the development of a conceptual plot plan to be submitted
to Southern California Edison Company herein after referred to as "Licensor" for consideration and
approval prior to the start of any construction on "Licensor" property.
Plans should be developed indicating the size and location of all planned improvements. The plan
should specify the dimensions of all planned improvements as well as the distance of all planned
improvements from property lines and all adjacent "Licensor" towers, poles, guy wires or other
"Licensor" facilities.
The plan must show the locations of all "Licensor" towers and poles, 16-foot wide access roads, main
water lines and water shut-off valves, electrical service lines and parking areas. All plans must
indicate adjacent streets and include a "north arrow" and the Licensee's name.
SHADE STRUCTURES
(Definition: A non-flammable frame covered on the top with a material designed to provide shade to aid
in growing plants)
1. Shade structures must maintain minimum spacing of 50 feet between shade structure locations,
should be placed perpendicular to Licensor's overhead electrical conductors (wires) unless
otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height
2. Shade structures will not be permitted within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot wide access roads
b. 50 foot radius around suspension tower legs, H-Frames and poles
c. 100 foot radius around dead-end tower legs, H-Frames and poles
d. 25 foot radius around anchors/guy wires, poles and wood poles
3. Shade structures must utilize the following design:
a. Temporary/ slip joint construction only
b. Non-flammable frame only
c. Adequately grounded by a licensed electrical engineer
d. Shade covering must be non-flammable and manufactured with non-hydrocarbon
materials.
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SHADEHOUSES/HOTHOUSES
(Definition: A simple, non-flammable, enclosed structure designed to control temperature without the
benefit of heating and/or air conditioning units to aid in propagating and/or growing plants)
1. Shadehouses/hothouses must maintain minimum spacing of 50 feet between
shadehou se /hothouse locations, should be placed in perpendicular to Licensor's overhead
electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not
exceed maximum dimensions of.
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height
2. Shadehouses/hothouses will not be permitted within the following areas reserved for Licensor's
access:
a. Within 2 feet from edge of 16-foot wide access roads
b. 50 foot radius around suspension tower legs, H-Frames and poles
c. 100 foot radius around dead-end tower legs, H-Frames and poles
d. 25 foot radius around anchors/guy wires, poles and wood poles
3. Shadehouses/hothouses must utilize the following design:
a. Temporary/ slip joint construction only
b. Non-flammable frame only
c. Adequately grounded by a licensed electrical engineer
d. Covering must be non-flammable and manufactured with non-hydrocarbon materials
GREENHOUSES
(Definition: An enclosed structure designed to control temperature and/or humidity by the use of heating
and/or air conditioning units to aid in propagating and/or growing plants)
Greenhouses will be considered on a case-by-case basis.
IRRIGATION SYSTEMS
1. Maximum diameter of pipe: 3 inches
2. All pipe must be plastic Schedule 40 or better
3. No irrigation system will be permitted within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot wide access roads
b. 50 foot radius around suspension tower legs, H-Frames and poles
c. 100 foot radius around dead-end tower legs, H-Frames and poles
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4. Sprinkler controllers must be located at the edge of the right of way
5. Suitable identification markers will be required on main controllers and valves
6. Locations of main shut off valve will be provided and shown on a plot plan
7. Underground facilities must have a minimum cover of three feet
8. Earth disturbed must be compacted to ninety percent (90%)
LANDSCAPING
1. No trees will be permitted under the overhead electrical conductors or within 20 feet of the "drip
line" of the conductors
2. Trees must have slow to moderate growth, and must be of a variety that grows to a maximum
height of no more than 40 feet and must be maintained by the Licensee at a height not to exceed
15 feet
3. Placement of large rocks (boulders) must be approved in writing by Licensor
4. Any mounds or change of grade must be approved in writing by Licensor
5. No cactus or thorny shrubs will be permitted
6. Retaining wails, planters, etc., must be approved in writing by Licensor
TRAILERS (Definition: Removable / portable office modules are not permitted unthout Licensor's prior
permission. Trailers must meet the following criteria to be considered: Trailers must meet the following
criteria:
a, Must have axles and wheel and be able to be moved at any time
b. Maximum length: 40 feet
c. Maximum height: 15 feet
d. Maximum width: 12 feet
2. No trailers will be permitted within the following a. Las reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot wide access roads
b. 50 foot radius around suspension tower legs, H-Frames and poles
c. 100 foot radius around dead-end tower legs, H-Frames and poles
d. 25 foot radius around anchors/guy wires, poles and wood poles
e. Under or within 10 feet of the conductor "drip lines"
3. Sewer or gas lines to trailers must be approved in writing by Licensor
4. Location of all electrical and telephone lines must be approved in writing by Licensor
5. Electrical lines must be installed by a licensed electrical engineer.
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6. Trailers shall not be used for residential purposes
7. Toxic or flammable materials will not be permitted in trailers
8. Adequately grounded by a licensed electrical engineer
PARKING AREAS
Parking areas should not be designed under the overhead electrical conductors or within 10 feet of the
"drip lines" without Licensor's prior written approval.
MATERIAL STORAGE
1. In the event of an emergency, Licensee must, within a four-hour period, relocate all materials
specified by Licensor in order to provide Licensor clear access to its facilities.
2. Licensee must provide Licensor with a list of material stored on the right of way
3. No toxic or flammable materials will be permitted
4. No materials shall be stored within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot wide access roads
b. 50 foot radius around suspension tower legs, H-Frames and poles
c. 100 foot radius around dead-end tower legs, H-Frames and poles
d. 25 feet from anchors/guy wires, poles and wood poles
5. Storage of materials not to exceed a maximum height of 15 feet
6. No storage of gasoline will be permitted
7. Storage of diesel fuel on the property may be permitted with Licensor's prior written approval. The
following are guidelines:
a. Maximum 200 gallon tank (temporary placement, must be removable and not to become
permanently affixed to the property)
b. Only above-ground tanks will be permitted
c. Tank (with containment basin) must include a 10'x 10' cement pad
d. Tanks will not be permitted within the access areas or directly under or within 10 feet of
the conductor drip lines.
8. Any fencing around the storage areas must have Licensor's prior written approval.
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ADDENDUM
PARK USE
A. Licensee must obtain the prior written approval from Licensor for the installation of any
facilities, including any subsequent modifications. Licensee will maintain all facilities in a safe
condition satisfactory to Licensor.
B. At any time, Licensor may require the relocation of any portion of the facilities. Licensee will
relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after
receiving notice to relocate from Licensor.
C. At Licensee's expense, Licensee will post signs at all access points to the Property that read:
"No Kite Flying, Model Airplanes or Metallic Balloons Permitted, High Voltage Wires Overhead."
D. At Licensee's expense, Licensee will post signs at all access points of the Property that read:
"No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted."
E. Licensee must close the park at any time Licensor deems it necessary for the safety of the
general public. If it is necessary to close the park for a period of more than three days, Licensee
will notify the general public of the closure by posting at all access points to the property.
F. At Licensee's expense, Licensee will install removable post-type barriers designed to
accommodate Licensor's locks, to prevent unauthorized vehicular use or parking, including but
not limited to, motorcycles, off-road vehicles, and "all-terrain" vehicles.
G. Trespass discouragers shall be installed on Licensor's towers. The discourager installation will
be performed by Licensor. Licensee shall pay Licensor in advance, for all Licensor's direct and
indirect costs associated with the engineering, purchase, and installation of the discouragers.
All towers shall be equipped with signs so worded as to warn the public of the danger of
climbing the towers. Such signs shall be placed and arranged so that they may be read from
the four corners of the structure. Such signs shall be neither less than 8 feet nor more than 20
feet above the ground except where the lowest horizontal member of the tower or structure is
more than 20 feet above the ground in which case the sign shall be not more than 30 feet
above the ground.
H. Licensee must design and construct all walkways, underground sprinkler systems, lighting
facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three-
axle vehicle.
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ADDENDUM
BICYCLE PATH
A. Licensee must obtain the prior written approval from Licensor for the installation of any bicycle
path, including any subsequent modifications. Licensee will maintain the bicycle path at all
times in a safe condition satisfactory to Licensor.
B. At any time, Licensor may require the relocation of any portion of the bicycle path. Licensee will
relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after
receiving notice to relocate from Licensor.
C. At Licensee's expense, Licensee will post signs at all access points to the Property that read:
"Bicycles Only. No Other Uses Permitted."
D. At Licensee's expense, Licensee will post signs at all access points to the Property that read:
"No Kite Flying, Metallic Balloons and Model Airplanes Permitted, High Voltage Wires
Overhead."
E. Licensee must close the path at any time Licensor deems it necessary for the safety of the
general public. If it is necessary to close the path for a period of more than three days, Licensee
will notify the general public of the closure by posting at all access points to the property.
F. At Licensee's expense, Licensee will install removable post-type barriers designed to
accommodate Licensor's locks, to prevent unauthorized vehicular use or parking on the
Property, including but not limited to, motorcycles, off-road vehicles, and "all-terrain" vehicles.
G. Licensee is responsible for all erosion control in connection with the construction, operation,
maintenance, and use of the bicycle path, including but not limited to, water flowing onto
lands of others. Licensee will perform any work deemed necessary by Licensor to correct any
damage to the Property or the lands of others.
H. Use of the Property is a joint use with Licensor and other tenants of Licensor. Licensor may use
the bicycle path at any time for access to its facilities.
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