HomeMy WebLinkAboutRS02-Redevelopment Agency
RE&VELOPMENT AGENCY.~EST FOR ~_ISSION/COUNCIL A~ION
~om: Glenda Saul, Executive Director
~t: Redevelopment Agency
Subject: EDISON LICENSE AGREEMENT - VILLA
CIELO APARTMENTS - STATE COLLEGE
Date: June 12, 1986
Synopsis of Previous Commission/Council action:
6/2/86 Resolution #4887 and 86-194 authorized Owner's Participation Agreement
with Villa Cielo, City and Redevelopment Agency.
Recommended motion: (MAYOR & COMMON COUNCIL)
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~ Motion authorizing the Mayor & Common Council to execute a license agreement
between the City of San Bernardino and Southern California Edison regarding
that parcel of property identified as Parcel 4 of Parcel Map 5223, Book 51,
Pages 71-72.
/3d#~ 411
Signature
Contact person:
Glenda Saul
Phone:
383.5081
5
Supporting data attached:
YES
Ward:
FUNDING REQUIREMENTS:
Amount: $
Insurance &
lIaiaeeaaac.e
SC
Project:
Date: June 16, 1986
No adverse Impact on City:
- "cil Notes:
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Anonrl':il 11'.orn f\ln ~~f:::i - 2
r CltC OF SAN BERNARDIO - REQUEQ FOR COUNCIL AC1~N
STAFF REPORT
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On June 2, 1986, the City and Commission approved an agreement with Villa Cie1o.
The obligations of the parties is summarized as follows:
a) Villa Cie10 - Complete project of 160 apartment units east of University
between College Avenue and State Street; landscape 2.85 acre Edison
owned parcel east of the project; pay to the City, up front, the cost of
approximately 25 months of maintenance ($17,544).
b) Redevelopment Agency - Lend to the developer $125,000 - $107,456 for
landscaping of Edison property and $17 ,544 for maintenance. Loan to be
repaid by tax increments derived from the project.
c) City - Maintain the public greenbelt area and provide liability
insurance.
In order to finalize the transaction, Edison has prepared a License Agreement
between the City and Edison relating to the use and maintenance of this landscaped
area.
Staff recommends approval of the License as submitted.
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06/16/86
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City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
June 10, 1986
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REAL PROPERTIES DEPARTMENT
Attention: Roger G. Hardgrave
Gentlemen:
SUBJECT: Calectric-Shandin-Victor 115 kV T/L R/W
Landscape License
Our File No. 06-86-033
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 space provided, and
return it promptly to us in the enclosed envelope.
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~ 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 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) 820-5247.
Very truly yours,
\<~ C\~
RAY AHRNS
Right of Way Agent
Property Management
FRD:0562p/kc
Enclosures
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USE
TERM
CONSIDERATION
NOTICES
LIABILITY INSURANCE
HEIGHT LIMITATIONS
ASSIGNMENTS
NON-POSSESSORY INTEREST
LICENSOR'S RESERVATIONS
LICENSEE'S IMPROVEMENTS
ACCESS AND CLEARANCES
PARKING
FLAMMABLES. WASTE AND NUISANCES
PESTICIDES AND HERBICIDES
UNDERGROUND FACILITIES
IRRIGATION EQUIPMENT
PARKWAYS AND LANDSCAPING
FENCING
SIGNS
AUTHORITY
INDEMNIFICATION
UTILITIES
TAXES. ASSESSMENTS AND LIENS
GOVERNING LAW
HOLDING OVER
TERMINATION
ABANDONMENT
REMEDIES
ATTORNEY'S FEE
RECORDING
FILE COpy
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06-86-033RJA
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~ LICENSE AGREEMENT
THIS AGREEMENT. made as of the ~~ay of ~ .
19 %/E..... between SOUTHERN CALIFORNIA EDISON COMPANY. a corporation
organized under the laws of the State of California. hereinafter
called "Licensor:. and THE CITY OF SAN BERNARDINO hereinafter called
"Licensee" :
WITNESSETH: That Licensor. for and in consideration of the faithful
performance by Licensee of the terms. covenants and agreements here-
inafter set forth to be kept and performed by Licensee. does hereby
give to Licensee the license to use that certain real property here-
inafter described and referred to as "licensed property." solely for
the purpose hereinafter specif ied. 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 San Bernardino. 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:
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Covenants. conditions. restrictions. reservations.
exceptions. rights and easements. whether or not of record.
including. but not limited to. the following:
1. An easement for pipeline purposes
Bernardino Water Utilities Corp.. recorded
Book 7671. page 661 of Official Records.
in favor of San
May 20. 1971 in
2. Blanket easement over Tract 3440 in favor of
Associated Telephone Co. and California Electric Power Co..
recorded in Book 2467. page 341 and Book 2469. page 371 of
Official Records.
3. A right of way easement in favor of San Bernardino
County Flood Control District. recorded in Book 1761 page 118
and Book 1760. page 433. 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.
1. Use: Licensee agrees to use the licensed property for
landscaping 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.
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2. Term: Unless otherwise terminated as provided herein.
this licenseshall be for a term of five (5) years commencinq on
June 1. 1986. and endinq on May 31. 1991.
3. Consideration: "No monetary consideration - Gratis."
4. Notices: All notices which are required to be qiven by
either party hereto to the other. shall be deemed to have been duly
qiven when made in writinq and deposited in the United States mail.
first class. postaqe prepaid. addressed as follows:
To Licensor:
Southern California Edison Company
Real Properties Department
Property Manaqement Section
P. O. Box 410
Lonq Beach. California 90801
To Licensee:
City of San Bernardino
300 North "D" Street
San Bernardino. CA 92418
Attn: Roqer G. Hardqrave
Telephone No.
(714) 383-5025
Licensee aqrees to promptly notify Licensor of any address chanqe.
5. Liabilitv Insurance: Licensee aqrees to insure its
liabilities which may arise from its activities hereunder by the
purchase of a liability insurance pOlicy with a Combined sinqle
Limit of not less than Three Hundred Thousand and No/I00 Dollars
($300.000.00) and shall include Licensor as an additional insured.
Licensee aqrees to provide evidence of such insurance upon request.
6. Heiqht Limitations: Licensee aqrees that at all times
durinq the term of this license any equipment used by it or its aqent
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 aqrees 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 plantinq which exceeds fifteen (15) feet in heiqht.
7. Assiqnments: This license is personal to Licensee. and
Licensee shall not assiqn or transfer this license or any privileqe
thereunder. in whole or in part. and any attempt so to do shall be
void and shall confer no riqht on any third party.
8. Non-Possessorv 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 qiven and Licensee
aqrees to claim no such interest.
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9. Licensor' s Reservations: Licensor reserves for i tsel!,
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
and/or pipelines or conduits, together with appurtenant structures.
Licensor also reserves the right to construct, maintain and use roads
across said licensed property, and the right to use said licensed
property, or any portion thereof, for any purpose that said Licensor
may desire in connection with its business, together with the right
to enter upon said licensed property, or any portion thereof, at all
times, for any or all of the above mentioned purposes. All of the
aforementioned rights may be exercised without the payment of any
compensation or damages whatsoever for destruction of or damage to
crops or personal property on the licensed property resulting from
the exercise of said rights.
10. Licensee's Improvements: Licensee must submit complete
improvement plans for the licensed property, including grading plans,
identifying all exisiing 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 and/or
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
property.
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 drive-
way 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
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.
b.
c.
A 2S-foot-radius around all tower legs.
A 10-foot-radius around all steel poles.
A S-foot-radius around all wood poles.
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'- 1.2. Parkin<l: Licensee agrees not to park. store. repair or
refuel any motor vehicles or to allow the parking. storage. repairing
or refueling of any motor vehicles on any portion of said licensed
property. unless specifically approved in writing by Licensor. .
1.3. 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 wil1. 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.
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1.4. 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.
1.5. Underqround Facilities: Any underground facilities
installed or maintained by Licensee wi thin the 1 icensed 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 faci 1 it ies. or at the option of Licensor. Licensee wi 11
relocate its facilities at its own expense so as not to interfere
with Licensor's proposed facilities. Licensee shall compact any
earth disturbed by Licensee within licensed property to a compaction
of ninety (90\) percent.
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1.6. Irriqation 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
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~ 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 installa-
tion of which is made with the consent of Licensor and for which a
rent adjustment is made. and all irrigation equipment installed by
Licensee to replace such equipment located on said licensed property
at the time Licensee entered into possession thereof. shall thereupon
be and become the property of Licensor and shall remain upon and be
surrendered with the licensed property upon the termination of this
license or any renewal or extension thereof. Licensee agrees to
promptly deliver to Licensor a good and sufficient bill of sale for
all such irrigation equipment installed on said licensed property
at the time the same is installed. Licensee further agrees that no
such irrigation equipment shall be purchased on other than a cash
basis.
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17. Parkways and LandscaDinq: 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.
18. Fencinq: 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 accommo-
date Licensor I 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.
19. Siqns: 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.
20. Authoritv: This license is given pursuant to the author-
ity of and upon and subject to the conditions prescribed by General
Order No. 69-C of the pUblic Utilities commission of the State of
California dated and effective July 10. 1985. which General Order
No. 69-C. by this reference. is hereby incorporated herein and made
a part hereof.
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r- . 21. 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 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 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.
22. 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.
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23. Taxes. Assessments and Liens: Licensee agrees to pay.
when due. all taxes and assessments which may be levied upon any
crops or personal property which Licensee caused to be grown. placed
or maintained upon the said licensed property. and agrees to keep
said licensed property free from all 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.
24. Governinq 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.
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25. Boldinq 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. with 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.
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26. 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.
27. Abandonment: 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 26. "Termination" hereof.
28. Remedies: In case of the failure or refusal of Licensee
to comply with and perform each and all of the terms and covenants
on its part herein contained. this license and all rights hereby
given shall. at the option of Licensor. cease and terminate. and
Licensor shall have the right forthwith to remove Licensee's personal
property from the licensed property at the sole cost. expense and
risk of Licensee. which cost and expense Licensee agrees to pay to
Licensor upon demand. together with interest at the maximum rate
allowed by law from the date of expenditure by Licensor.
29. At tornevs' 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.
30. RecordinQ: Licensee agrees that it will not record this
License.
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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
~Q~
R. J. li
Manager of
Real Properties Department
LICENSOR
THE CITY OF SAN BERNARDINO
By
LICENSEE
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