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CITY OF SAN BERJ. ~RDINO r11REQUEST
)R COUNCIL ACTION
From: Marshall W. Julian
Subject: License agreement with Ediscn
Company relative to monument
sign at the SE corner of Foothill
Blvd. and Pepper Ave.
Dept: City Administrator
Date: February 13, 1990
Synopsis of Previous Council action:
November 2, 1987 - Resolution 87-394 was adopted authorizing monument
signs at three entrances to the City.
Recommended motion:
Adopt Resolution.
ALt~~zL~
/ Si ture
Contact person: Marshall W. Julian
Phone:
5122
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
^ ____1_ 1.....__ "-1_
I~
CITY OF SAN BERI, .RDINO - REQUEST . lR COUNCIL ACTION
STAFF REPORT
The attached License Agreement with Edison Company grants
authority for the City to locate an Entrance Monument in the
lawn area at their administrative headquarters at Foothill
Boulevard and Pepper Avenue. The More Attractive Community
Foundation will shortly be coming to the City with a proposal
for locating three Monuments, utilizing a combination of
private contractors and city Forces. The subject location
will be one of the three -- the other two are North Waterman,
at the curve north of wildwood Park, and South Mt. Vernon at
Valley College.
The entering into the License Agreement is the only action
the Mayor and Council will be taking at this meeting.
Attachment
RESOLUTION
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND SOUTHERN CALIFORNIA EDISON COMPANY FOR THE
ERECTION OF ONE ENTRANCE MONUMENT TO THE CITY OF SAN BERNARDINO
LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND PEPPER
AVENUE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
a License Agreement between the City of San Bernardino and
Southern California Edison Company for the erection of one
entrance monument located at the southeast corner of Foothill
Boulevard and Pepper Avenue, a copy of which is attached hereto,
marked Exhibit "A",
and incorporated herein by reference as
fully as though set forth at length.
SECTION 2.
The authorization to execute the above
referenced agreement is rescinded if the
parties to the
agreement fail to execute it within sixty (60)
days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
meeting thereof,
held on the
Bernardino
at a
day of
, 1990, by the following vote, to
wit:
Council Members:
ABSTAIN
NAYS
AYES
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
111//
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RESOLUTION; ~HORIZING THE EXECUTION OF LICENSE AGREEMENT
BETWEEN THE CITY AND CALIFORNIA EDISON COMPANY FOR THE ERECTION
OF AN ENTRANCE MONUMENT AT SE CORNER OF FOOTHILL BOULEVARD AND
PEPPER AVENUE.
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city Clerk
The foregoing
resolution is hereby
day of
, 1990.
approved
this
W. R. HOLCOMB, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By:
-2-
CITY OF SAN BERNARDINO
!3 XH//3/T 1/ A'
RP File No.E06-89-025LS
L ICE N SEA G R E E MEN T
1. USE
2. TERM
3. CONSIDERATION
4. NOTICES
5. LIABILITY INSURANCE
6. HEIGHT LIMITATIONS
7. ASSIGNMENTS
8. NON-POSSESSORY INTEREST
9. LICENSOR'S RESERVATIONS
10. LICENSEE'S IMPROVEMENTS
11. ACCESS AND CLEARANCES
12. PARKING
13. FLAMMABLES, WASTE AND NUISANCES
14. PESTICIDES AND HERBICIDE
15. UNDERGROUND TANKS
16. HAZARDOUS WASTE
17. UNDERGROUND FACILITIES
18. IRRIGATION EQUIPMENT
19. PARKWAYS AND LANDSCAPING
20. FENCING
21. SIGNS
22. AUTHORITY
23. INDEMNIFICATION
24. UTILITIES
25. TAXES, ASSESSMENTS AND LIENS
26. GOVERNING LAW
27. HOLDING OVER
28. TERMINATION
29. ABANDONMENT
30. REMEDIES
31. ATTORNEY'S FEE
32. RECORDING
_,._......~ ".r-'''JY
LICt,,,;;,i;...;; ....VI.. .
RP File No.E06-89-025LS
LICENSE AGREEMENT
of
COMPANY, a
California,
hereinafter
THIS AGREEMENT, made as of the day
, 19 ____, between SOUTHERN CALIFORNIA EDISON
corporation organized under the laws of the State of
hereinafter called "Licensor", and CITY OF SAN BERNARDINO,
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
hereinafter described and referred to as "licensed property," solely
for the purpose hereinafter specified, upon and subject to the terms,
reservations, covenants and conditions hereinafter set forth.
The licensed property hereinabove referred to is located
in the City of Rialto, County of San Bernardino, State of California,
and being the parcel delineated on the print attached hereto and made
a part hereof, marked Exhibit "A".
SUBJECT TO:
Covenants, conditions, restrictions, reservations,
exceptions, rights and easements, whether or not of record, including,
but not limited to, the following:
1.
purposes
adjoining
Right of Way for water pipelines and incidental
from Semi-Tropic Land and Water Co., to owner of
lots.
2. Building set-back line for all property abutting
Foothill Blvd. per Ordinance No. 599, dated 8/25/47 by the
Board of Supervisors of San Bernardino County, which states
that no building or structure will be closer than 65' feet to
the centerline of Foothill Blvd.
3. An Easement to the City of San Bernardino for street
and highway purposes, recorded 4/20/64, in book 6132, page 80
of Official Records.
The foregoing license is made subject to the following
terms and conditions, all of which Licensee hereby agrees to comply
with and perform.
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1. llse: Licensee agrees to use the licensed property for
sign monument 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. ~: Unless otherwise terminated as provided herein,
this license shall be for a term of ten (10) years commencing on
February 1, 1990, and ending on January 31, 2000.
3. Consideration: "No monetary consideration - Gratis.
4. Notices: All notices which are required to be given by
either party hereto to the other, shall be deemed to have been duly
given when made in writing and deposited in the United States mail,
first class, postage prepaid, addressed as follows:
To Licensor:
Southern California Edison Company
Real Properties and
Administrative Services
Property Management Section
430 North Vineyard Avenue,
Suite 210
Ontario, California 91764
To Licensee:
City of San Bernardino
Public Work Department
300 No. "D" Street
San Bernardino, Ca 92402
Telephone No.
(714) 884-0106
Licensee agrees to promptly notify Licensor of any address change.
5. Liabilitv 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 Three Hundred Thousand 00/100 Dollars ($300,000.00)
and shall include Licensor as an additional insured. Licensee agrees
to provide evidence of such insurance upon request.
6. Height Limitations: Licensee agrees that at all times
during the term of this license any equipment used by it or its agent
employees or contractors on and adjacent to the licensed property
shall be used and operated so as to at all times maintain a minimum
clearance of seventeen (17) feet from all overhead electrical
conductors located on said licensed property.
Licensee also agrees that all trees or plants located on
the licensed property shall be maintained by Licensee and Licensee
shall trim or if requested by Licensor shall remove any tree or other
planting which exceeds fifteen (15) feet in height.
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7. A~~i9nment~: 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-Pos~essory Interest: No permanent or possessory
interest shall accrue to Licensee in the licensed property by reason
of this license or by exercise of the permission given and Licensee
agrees to claim no such interest.
9. Licensor's Reservations: Licensor reserves for itself,
its successors and assigns, the right to construct, maintain,
including the periodic washing of Licensor's electrical insulators,
operate, repair, replace and/or inspect, in, on, over, under and
across said licensed property, electric power lines, telephone lines
andlor 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 Improvements: Licensee must submit complete
improvement plans for the licensed property, including grading plans,
identifying all existing and proposed improvements. Licensee shall
obtain Licensor's written approval of said plans, including any
subsequent modification thereof, prior to making any use of the
licensed property. Said written approval may be modified andlor
rescinded if the Licensor's operating requirements are changed for any
reason whatsoever. In any event, however, the Licensee may be
required to modify and/or remove any or all such previously approved
buildings and/or structures at Licensee's sole risk and expense and
without any compensation from Licensor. Licensor shall not be called
upon or required, at any time, to make any improvements, alterations,
changes or additions of any nature whatsoever to the licensed
propert y .
11. Access and Clearances: Licensee shall provide Licensor
with adequate access to all of Licensor's facilities and at no time is
there to be any interference with the free movement of Licensor's
equipment and materials. If required at any time by Licensor,
Licensee shall provide, at its own expense, access roads sixteen (16)
feet in width together with commercial driveway aprons and curb
depressions as specified by Licensor. Said roads, commercial driveway
aprons and curb depressions shall be capable of supporting a gross
load of forty (40) tons on a three-axle vehicle, and shall be
maintained by Licensee, at Licensee's expense, so as to be passable at
all times, and shall be kept clear of any planting or other
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obstructions at all times so as to provide ready access to Licensor's
facilities. In connection with the use of said licensed property, it
is specifically agreed that Licensee shall, unless otherwise specified
in writing by Licensor, make no use of the area directly underneath
Licensor's towers and shall maintain the following clearances, at all
times:
a. A 25-foot-radius around all tower legs.
b. A lO-foot-radius around all steel poles.
c. A lO-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, repa1r1ng
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 controls for dust,
odors and noise and take appropriate steps necessary to prevent dust
contamination of Licensor's facilities located on, near or adjacent to
the licensed property. Licensee also agrees to take preventive action
to eliminate such dust, odors, noise or any other nuisance which may
disturb the adjacent or nearby community and agrees to be responsible
for and to assume all liability for such dust, odor, noise or other
nuisance disturbances.
14. Pesticides and Herbicides: Licensee agrees that any
pesticide or herbicide applications on the licensed property shall be
made in accordance with all Federal, State, County and local laws.
Licensee further agrees to dispose of any pesticides, herbicides or
any other toxic substances which are declared to be either a health or
environmental hazard in such a manner as prescribed by law. This will
include, but not be limited to, contaminated containers, clothing,
equipment or any other contaminated material.
15. Underground Tanks: Notwithstanding anything to the
contrary set forth in this agreement, licensee shall not have the
right to install underground or above-ground storage tanks, as defined
by any and all applicable laws or regulations, without the prior
written consent of the Licensor.
16. Hazardous Waste: Licensee shall not engage in, or permit
any other party to engage in, any activity 'on the premises that
violates any federal, state or local laws, rules or regulati~ns
pertaining to hazardous, toxic or infectious materials and/or waste.
Licensee shall indemnify and hold Licensor, its directors, officers,
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agents and employees and its successors and assigns harmless from any
and all claims, loss, damage, actions, causes of actions, 'expenses
andlor liability arising from leaks of, spills of, and/or
contamination by or from hazardous materials and/or wastes as defined
by applicable laws or regulations, which are attributable solely to
the actions of, or failure to act by, Licensee.
17. Underground Faci 1 it ies: Any underground facilities
installed or maintained by Licensee within the licensed property shall
have a minimum cover of three feet. All said underground facilities
shall be constructed so as to withstand a gross load of forty (40)
tons on a three-axle vehicle. It is expressly understood that in the
event such facilities of Licensee interfere with the construction of
additional facilities by Licensor, Licensee will reimburse Licensor
for the difference in cost to construct and maintain Licensor's
proposed facilities so as not to interfere with Licensee's facilities,
or at the option of Licensor, Licensee will relocate its facilities at
its own expense so as not to interfere with Licensor's proposed
facilities. Licensee shall compact any earth disturbed by Licensee
within licensed property to a compaction of ninety percent (90%).
18. Irrigation Equipment: Licensee agrees that any and all
irrigation pipelines, well pumping equipment and other structures,
buildings and fixtures appurtenant thereto, hereinafter collectively
referred to as "irrigation equipment", located on the licensed
property at the commencement of Licensee's occupancy thereof, are the
property of Licensor and shall remain upon and be surrendered with the
premises upon the termination of this license or any renewal or
extension thereof. In consideration of the privilege of using the
same, Licensee agrees to maintain, operate, repair and replace if
necessary, at Licensee's sole cost and expense, said irrigation
equipment during the continuance of this license. Any irrigation
equipment placed on the licensed property by Licensee, the
installation of which is made with the consent of Licensor and for
which a rent adjustment is made, and all irrigation equipment
installed by Licensee to replace such equipment located on said
licensed property at the time Licensee entered into possession
thereof, shall thereupon be and become the property of Licensor and
shall remain upon and be surrendered with the licensed property upon
the termination of this license or any renewal or extension thereof.
Licensee agrees to promptly deliver to Licensor a good and sufficient
bill of sale for all such irrigation equipment installed on said
licensed property at the time the same is installed. Licensee further
agrees that no such irrigation equipment shall be purchased on other
than a cash basis.
19. Parkwavs and Landscaoina: Licensee agrees to keep
parkway and sidewalk areas adjacent to said licensed property free of
weeds and trash. Licensee further agrees to maintain said parkways
and to provide landscaping in a manner that is compatible with the
adjoining properties and in a manner satisfactory to Licensor.
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20. Fencin9: Licensee may install fencing on said licensed
property, provided Licensee obtains the prior written approval of
Licensor therefor. In the event Licensee installs fencing, double
drive gates sixteen (16) feet in width shall be provided in such
locations as specified by Licensor and shall be designed to
accommodate Licensor's locks. Any metallic fencing shall be
effectively grounded by Licensee. Licensee agrees to promptly deliver
to Licensor, a good and sufficient bill of sale for said fencing and
agrees to maintain said fencing at Licensee's sole cost and expense.
Notwithstanding the above, Licensee shall not install, operate or
maintain or cause or permit to be installed, operated or maintained
any electrically charged fence on the licensed property.
21. Si9ns: Licensee agrees not to allow the construction or
placement of any sign, signboard or other form of outdoor advertising
on said licensed property, without prior written approval of Licensor.
In the event of a violation of this provision by Licensee or anyone
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. Authoritv: This license is given pursuant to the
authority of and upon and subject to the conditions prescribed by
General Order No. 69-C of the Public Utilities Commission of the State
of California dated and effective July 10, 1985, which General Order
No. 69-C, by this reference, is hereby incorporated herein and made a
part hereof.
23. Indemnification: Licensee hereby agrees to save harmless
and indemnify Licensor, its officers, agents and employees, and its
successors and assigns, from and against all claims, loss, damage,
actions , causes of actions, expense andlor 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 resulting in any manner whatsoever, directly or
indirectly, by reason of this license or the use or occupancy of said
licensed property by Licensee or any person claiming under Licensee.
24. Utilities: Licensee agrees to pay all charges and
assessments for or in connection with water, electric current or other
utilities which may be furnished to or used upon said licensed
property by Licensee during the continuance of this license. It is
further agreed that in the event Licensee shall fail to pay the above-
mentioned charges when due, Licensor shall have the right to pay the
same and charge the amount thereof to Licensee, who agrees to pay the
same on demand, together with interest at the maximum rate allowed by
law from the date of expenditure by Licensor.
25. Taxes. Assessments and Liens: Licensee agrees to pay,
when due, all taxes and assessments which may be levied upon any crops
or personal property which Licensee caused to be grown, placed or
maintained upon the said licensed property, and agrees to keep said
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licensed property free from all liens, including but not limited to
mechanics liens, and encumbrances by reason of the use or occupancy of
said licensed property by Licensee or any person claiming under
Licensee. It is further agreed that in the event Licensee shall fail
to pay the above-mentioned taxes, assessments, or liens when due,
Licensor shall have the right to pay the same and charge the amount
thereof to Licensee, who agrees to pay the same on demand, together
with interest at the maximum allowed by law from the date of
expenditure by Licensor.
26. Govp.rning Law: Licensee agrees that in the exercise of
its rights under this license, Licensee shall comply with all
applicable Federal, State, County and local laws, and regulations in
connection with its use of the licensed property.
The existence, validity, construction, operation and
effect of this license and all of its terms and provisions shall be
determined in accordance with the laws of the State of California.
27. Holding Over: It is further agreed that if Licensee
shall retain possession of said licensed property beyond the term
hereof, or any renewal or extension hereof, without the consent,
express or implied, of Licensor, such holding over may be terminated
by Licensor at any time by giving to Licensee thirty (30) days' prior
notice in writing for that purpose, and shall be subject to all of the
terms, covenants and conditions of this license, and Licensee shall
pay for such license during any such holding over, at the last
prevailing rate specified in paragraph 3, "Consideration" hereof.
28. Termination: The parties hereto agree that during the
initial term or any extension thereof, this license may be canceled
and terminated by either Licensor or Licensee, at any time, upon sixty
(60) days' notice in writing to that effect given by either party
hereto to the other. In such event or when this license expires,
Licensee agrees, if so requested in writing by Licensor, to remove at
that time all of its personal property from the licensed property and
to restore the ground to as near its original condition and appearance
as possible within said period of sixty (60) days, at its sole expense
and risk. No such termination, cancellation or expiration hereof
shall release Licensee from any liability or obligation (whether of
indemnity or otherwise) which may have attached or accrued previous to
or which may be accruing at the time of, or by reason of such
termination, cancellation or expiration.
Upon the termination of this license by the expiration of
the term hereof or otherwise, Licensee agrees to peaceably quit and
surrender the licensed property to Licensor in good order and condi-
tion. Any and all property of whatsoever kind or character remaining
upon the licensed property upon the expiration or sooner termination
of this license shall thereupon be and become the personal property of
Licensor, unless otherwise agreed in writing by Licensor, but this
shall not prevent Licensor from requiring Licensee to remove, at
Licensee's expense and risk, any and all such property remaining upon
the licensed property.
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29. Abandonm@nt: In the event the use of said licensed
property shall be abandoned by Licensee or said licensed property
shall not be used by Licensee for the period of Ninety (90) days, then
at the option of Licensor, the license hereby granted shall be deemed
terminated without further notice. Upon such termination, Licensee
agrees to comply with the conditions as specified in paragraph 28,
"Termination" hereof.
30. R@medies: 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. Attorn@vs' 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.
License.
Recordina: Licensee agrees that it will not record this
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed in duplicate as of the day and year herein
first above written.
SOUTHERN CALIFORNIA EDISON COMPANY
BY
t?/~
LICENSOR
C. S. Brooks
Regional Manager,
Land Services Division
Real Properties and
Administrative Services
CITY OF SAN BERNARDINO
By
LICENSEE
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Southern California Edison Compan~r~:1 l~_,; 21.;
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SUITE 210
430 NORTH VINEYARD AVENUE
ONTARIO. CALIFORNIA 91764
EASTERN REGION
LAND SERVICES DIVISION
REAL PROPERTIES AND ADMINISTRATIVE SERVICES
FAX (714) 395.3345
City of San Bernardino
300 North "D" Street
San Bernardino. Ca 92418-0001
Attn: Marshall W. Julian
City Administrator
Gentlemen:
January 23. 1990
SUBJECT: License Agreement
Our File No. E06-89-025LS
The enclosed Agreement has been prepared at your request. It has been
executed on behalf of the Southern California Edison Company.
The copy marked "Licensee's Copy" is for your records. Please sign the
copy marked "File Copy" in the spaces(s) provided. and return it promptly
to us in the enclosed envelope.
Your attention is called to Paragraph 10 "Licensee's Improvements" of the
enclosed License. Please read and review this clause.
In addition. please note Paragraph 5. "Liability Insurance" of the enclosed
License requires you to secure and keep in force a $300.000.00 insurance
policy including Southern California Edison Company as an additional
insured and to provide evidence of such insurance upon request.
If you have any questions concerning this Agreement. please call me at
(714) 395-3388.
ly yours.
~(~~~
LOUIS R. SALAS
Real Properties Agent ~
M-l fdj
Enclosure