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HomeMy WebLinkAbout16-City Administrator 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ]5 16 17 ]8 19 20 21 22 23 24 25 26 27 28 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// --- 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 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. 2 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 3 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, 4 -- 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. 5 - - - ... -~ ....... 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 6 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. 7 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 M-1/dj 8 I I~:::",'~r.:r:'c:. r()PY --- JI II IL GG -+ Foor,L/I'-'- Q ~}LVO. ~ ~ ~ ~ ~ ~ -l ~ ~ IIJ G~O' I 44 I . 71: & 13 !3tJ . ~ II) J - - . .......<L.. ~. - lor Ilne A RR. SCALE '.':r 5L)tJ" .-t-. I . . .- . ." . .., ~O~THILL. ... 00"'........ BLVD '. 0-'."... .. PI /Z!./ EXH'IBIT "A" P.LD. # t;tJ21 () 0 ~ Draw.' 1..13 S2 I ..... # "'.., D' R/I File # O(.,-M-OZ.S w > <( DETA\l WI SCALE J. O. M.S. 3%' FMTflllL C~IABlIJED fACt LI rr L1CEJJ:E. TO:' ',' . , CI7-Y ~'SA-\J.-6ER~A-ROIWO. U5E : SIb ~ ~U U M€iJT .. .....-. _ __ "1___:_ ~J:...^... r"^",nRnv c::;;.C.E i " : 1. .. !i. 'J:? :-,~~ 1 ~. ....: '"'" Southern California Edison Compan~r~:1 l~_,; 21.; .....v..... OJ 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