HomeMy WebLinkAboutSOUTHERN CALIFORNIA EDISON COMPANY 32C - 2006SCE Doc. 310196, 315675 and 349541 Att.
A- 2006 - 025 -02
Contract No. 9.3275
(Formerly Contract No. L2167)
CITY OF SANTA ANA, DEPARTMENT OF PARKS AND RECREATION
L I C E N S E A G R E E M E N T
INDEX OF ARTICLES
2014.12.01 V l l -GS - JH
1.
USE
2.
TERM
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3.
CONSIDERATION
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4.
INSURANCE
5.
LICENSER'S USE OF THE PROPERTY
`^
6.
LICENSEE'S IMPROVEMENTS
7.
LICENSEE'S PERSONAL PROPERTY
8.
HEIGHT LIMITATIONS AND VERTICAL CLEARANCES
�1
9.
ACCESS AND CLEARANCES
1
10.
PARKING
M
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.
REMEDIES
31.
NON - POSSESSORY INTEREST
32.
WAIVER
33.
AUTHORITY
34.
ATTORNEY FEES
35.
ELECTRIC AND MAGNETIC FIELDS
36.
INDUCED VOLTAGES
Initial
Licensor /Licensee
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SCE Doc. 310196, 315675 and 349541 Att,
A- 2006 - 025 -02
Contract No. 9.3275
(Formerly Contract No. L2167)
CITY OF SANTA ANA DEPARTMENT OF PARKS AND RECREATION
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. LICENSER'S USE OF THE PROPERTY
6. ICENSEE'S IMPROVEMENTS
7. LICENSEE'S PERSONAL PROPERTY
8. HEIGHT LIMITATIONS AND VERTICAL 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. REMEDIES
31. NON - POSSESSORY INTEREST
32. WAIVER
33. AUTHORITY
34. ATTORNEY FEES
35, ELECTRIC AND MAGNETIC FIELDS
36. INDUCED VOLTAGES
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L vilsee Copy
Initial
L nsor /Licensee
SCE Doc. 310196, 315675 and 349541 Att. Contract No. 9.3275
(Formerly Contract No. L2167)
37. NOTICES
38. RECORDING
39. COMPLETE AGREEMENT
40. SIGNATURE AUTHORITY
APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS
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Initial (/( )
L' nsor /Licensee
SCE Doc. 310196, 315675 and 349541 Art. Contract No. 9.3275
(Formerly Contract No. L2167)
LICENSE AGREEMENT
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
Assessor's Parcel Number 415- 031 -07, 415- 031 -08, 415- 031 -14 and 415- 031 -16, situated in the City
of Santa Ana, County of Orange, State of California.
SUBJECT TO:
Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether
or not of record.
1. Use: Licensee will use the Property for park and 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 October, 2015 and ending on the last day of
September, 2020. 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 Five Hundred Sixty Four and
00/ 100 Dollars ($564.00) upon the execution and delivery of this Agreement with subsequent annual
payments. Payment to Licensor must be in the form of a check or money order payable to Southern
California Edison Company. No cash payments will be accepted by Licensor. Payment schedule as
follows:
Term
Year Due
Yearly
Amount
Payment Due
First Day Of
First Year
2015
$564.00
October
Second Year
2016
$580.00
October
Third Year
2017
$598.00
October
Fourth Year
2018
$615.00
October
Fifth Year
2019
$633.00
October
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L sor /Licensee
SCE Dec. 310196, 315675 and 349541 Art. Contract No. 9.3275
(Formerly Contract No. L2167)
All accounts not paid by the agreed upon due date may be subject to a late fee of up to 20% of the full
amount that was due on said date.
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 $1,000,000.00 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 Liability Insurance, including contractual liability and products
liability, with limits not less than $2,000,000.00 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 and (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
$1,000,000.00. Such insurance shall cover the use of owned, non -owned and hired
vehicles on the Property.
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, but not limited to, grading, lighting, landscaping, grounding,
and irrigation 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
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Li nsor /Licensee
SCE Doc. 310196, 315675 and 349541 Att. Contract No. 9.3275
(Formerly Contract No. L2167)
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 Property: All approved equipment and other property brought,
placed or erected on the Property by Licensee shall be and remain the Property of Licensee, except as
otherwise set forth herein. If Licensee is not in default hereunder, Licensee shall have the right to
remove the same from the Property at any time prior to the expiration or earlier termination of this
Agreement; provided, however, that Licensee shall promptly restore any damage to the Property caused
by the removal. If Licensee is in default, however, such equipment or other property shall not be removed
by Licensee without Licensor's written consent until Licensee has cured such default, and Licensor shall
have a lien thereon to the extent thereof. 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:
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 Licensor's towers and will maintain
the following minimum clearances at all times:
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Initial / (' V )
asor /Licensee
SCE Doc. 310196, 315675 and 349541 Att. Contract No. 9.3275
(Formerly Contract No. L2167)
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. Parking: Licensee will not park, store, repair or refuel any motor vehicles or allow
parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved
in writing by Licensor.
11. 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 -dogs 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 environmental hazard, as
well as all materials contaminated by such substances, including but not limited to, containers, clothing
and equipment, in the manner prescribed by law.
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
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. Grounding plans must be prepared and stamped by a
licensed electrical engineer and submitted to Licensor.
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Initial O/( )
Li sor /Licensee
SCE Doc. 310196, 315675 and 349541 Art. Contract No. 9.3275
(Formerly Contract No. L2167)
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: Licensee must contact Dig Alert prior to any underground
installation. Any underground facilities installed or maintained by Licensee on the Property must have
a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of
forty (40) tons on a three -axle vehicle. Licensee will compact any earth excavated to a compaction of
ninety percent (90 %). Licensee will relocate its facilities at its own expense so as not to interfere with
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.
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.
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Initial
L sor /Licensee
SCE Doc. 310196, 315675 and 349541 Att. Contract No. 9.3275
(Formerly Contract No. L2167)
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.
(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.
(f) Any attempt to exclude Licensor from the licensed premises.
(g) The making by Licensee of any general assignment for the benefit of creditors; the
appointment of a receiver to take possession of substantially all of Licensee's assets
Initial
Licensor /Licensee
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SCE Doc. 310196, 315675 and 349541 Att. Contract No. 9.3275
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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.
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 "): 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
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Li sor /Licensee
SCE Doc. 310196, 315675 and 349541 Att. Contract No. 9.3275
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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. Induced Voltages: Licensee hereby acknowledges that any structures (including, but not
limited to, buildings, fences, light poles) that exist or may be constructed on the Property licensed herein,
(hereinafter, the "Structures ") in close proximity to one or more high voltage (66 kilovolt or above) electric
transmission lines and /or substation facilities may be susceptible to induced voltages, static voltages
and /or related electric fault conditions (hereinafter collectively referred to as "Induced Voltages ") unless
appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly
mitigated, Induced Voltages can result in a variety of safety and /or nuisance conditions including, but
not limited to, electric shocks or other injuries to individuals contacting the Structures or other utilities
connected to the Structures (including, but not limited to, natural gas lines, water lines or cable
television lines), or interference with or damage to sensitive electronic equipment located in or around
the Structures. Appropriate measures to mitigate Induced Voltages, if required, will vary from case to
case because of factors such as electric facility configuration and voltage, other utilities involved, or
sensitivity of electronic equipment. Licensee will be responsible to determine what, if any, Induced
Voltages mitigation measures should be undertaken regarding the Structures and to implement such
mitigation measures at its sole cost and expense.
Licensee agrees for itself and for its contractors, agents, licensees, invitees, and employees, to save
harmless and indemnify Licensor, its parent, subsidiaries and affiliated entities and their respective
officers and employees from and against any and all claims, loss, damage, actions, causes of action,
expenses and /or liability arising from or growing out of loss or damage to property, including Licensor's
own personal property, or injury to or death of persons, including employees of Licensor caused by or
resulting from or connected to Induced Voltages on or related to the Structures.
37. 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:
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Licensor /Licensee
SCE Doc. 310196, 315675 and 349541 Att. Contract No. 9.3275
(Formerly Contract No. L2167)
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) 282 -1155
Licensee will immediately notify Licensor of any address change.
38. Recording: Licensee will not record this Agreement.
39. 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.
40. Signature Authority: Each of the persons executing this Agreement warrants and
represents that he or she has the full and complete authority to enter into this Agreement on behalf of
the Party for which he or she is signing, and to bind said party to the agreements, covenants and terms
contained herein.
-11-
2014.12.01 V1I -GS -JH
Initial ( / ( )
Li sor /Licensee
SCE Doc. 310196, 315675 and 349541 Att. Contract No. 9.3275
(Formerly Contract No. L2167)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate.
SOUT .1 ALIFORNIA EDISON COMPANY
By
2°15 LICENSOR
Date
DELIA JIMENEZ
Land Services Agent
Land Management - Southern Region
Real Properties Department
CITY OF SANTA ANA, DEPARTMENT OF PARKS
AND RECREATION
By, i
LICENSEE
Date
Print Name: G eyayc ki) VAO t-Aet
-12-
2014.12.01 V1I -GS -JH
Initial
Lic sor /Licensee
Southern California Edison Company
Contract No. 9.3275
Formerly Contract No, L2167
McArthur Bike Trail
ATTEST:
MARIA D. HUIZAR
Cleric of the Council
APPROVED AS TO FORM:
fj —Laur" a Sheed3
Assistant City Attorney
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
APPROVED AS TO CONTENT:
GERARDO MOUE
Executive Director Parks, Recreation &
Community Services
SCE Doc. 310196, 315675 and 349541 Att. Contract No. 9.3275
(Formerly Contract No. L2167)
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 anu 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.
1-
2014.12.01 V11 -GS -JH
Initial
Licensor /Licensee
SCE Doc. 310196, 315675 and 349541 Att. Contract No. 9.3275
(Formerly Contract No. L2167)
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 shadehouse /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 / WELLS
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
2-
2014.12.01 V11 -GS -JH
Initial (
Licensor /Licensee
SCE Doc. 310196, 315675 and 349541 All. Contract No. 9.3275
(Formerly Contract No. L2167)
c. 100 foot radius around dead -end tower legs, H- Frames and poles
4. Sprinkler and drip irrigation 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 walls, planters, etc. may be considered on a case by case basis and must be approved in
writing by Licensor
TRAILERS (Definition: Removable / portable office modules are not permitted without 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 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
e. Under or within 10 feet of the conductor "drip lines"
-3-
2014.12.01 VII -GS -JH
Initial (�) / ( )
Li nsor /Licensee
SCE Doc. 310196, 315675 and 349541 Att. Contract No. 9.3275
(Formerly Contract No. L2167)
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 - general contractor.
6. Trailers shall not be used for residential purposes
7. Toxic or flammable materials will not be permitted in trailers
S. Adequately grounded by a licensed - general contractor
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. Parking spaces to be identified in accordance with
the approved site plan. "No Parking" striping may be required in areas where additional clearance is
required.
MATERIAL STORAGE
1. In the event of an emergency, Licensee must immediately -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, diesel or any other type of fuel will be permitted
7. Any fencing around the storage areas must have Licensor's prior written approval.
M
2014.12.01 V11 -GS -JH
Initial O/O
Licensor/ Licensee
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April 25, 2016
CITY OF SANTA ANA
P.O. Box 1988 M-23
SANTA ANA CA 92702
Subject: Southern California Edison License Agreement Address Change
Contract #: 9000000003275
Southern California Edison ("SCE") greatly values the business relationship with each of
our Licensees, Leasees, and Permittees, and strives to maintain a jointly positive
relationship.
This letter is to advise you that there is a change to Article 38, or appropriate "Notices"
article of your current License, Lease, or Temporary Entry Permit contact with SCE.
Effective April 25, 2016, the address listed in your current agreement has changed to:
Real Properties Department
Land Management
2 Innovation Way, 2nd Floor
Pomona, CA 91768
Per Article 3, "Consideration" (or corresponding article of your contract), please
continue to send all payments (in the form of a check or money order) to Southern
California Edison Company, P.O. Box 800, Rosemead, California 91770, and Attention:
Corporate Accounting Department — Accounts Receivable. Cash payments will not be
accepted.
Thank you for your continued partnership and collaboration. Should you have any
questilons regarding this communication, please feel free to contact your regional, Land
Services Assistant, Ragina Ramos, at 909-274-1878. All other questions regarding your
SCE contract should continue to be directed to your regional Land Services Agent, Delia
Jimenez, at delia,m.jimenez @sce.com or at 909-274-1866.
Sincerely,
Real Properties - Land Management
2 Innovaldon Way, 2A Roar
Pomona, CA 91768.