HomeMy WebLinkAbout2022-08-23 - AGENDA REPORTS - CENTRAL PARK LEASE AGMTAgenda Item: 15
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE: August 23, 2022
SUBJECT: FOURTH AMENDMENT TO THE CENTRAL PARK LEASE
AGREEMENT WITH SANTA CLARITA VALLEY WATER
AGENCY
DEPARTMENT: Neighborhood Services
PRESENTER: Susan Nelson
RECOMMENDED ACTION
City Council:
1. Authorize the City Manager or designee to execute the Fourth Amendment to the Ground
Lease Agreement with Santa Clarita Valley Water Agency for the Central Park Sports
Facility, extending the lease through January 1, 2038, in an amount of $33.33 per year, not to
exceed $500.
2. Authorize the City Manager or designee to execute the License Agreement for Exercise and
Access Stairs.
BACKGROUND
The Central Park Sports Facility (Central Park) is a regional park and recreational facility in the
City of Santa Clarita (City). This 108-acre regional park site features a number of amenities,
including softball fields, multipurpose fields, basketball courts, a playground, fitness areas, a disc
golf course, a dog park, a community garden, and a cross country running track. Central Park is
the location for numerous community events, including Concerts in the Park, Relay for Life,
Earth Arbor Day, Touch -a -Truck, Eggstravaganza, and numerous sports tournaments.
Since 1997, the City has leased the Central Park property from the Santa Clarita Valley Water
Agency (SCVWA), formerly the Castaic Lake Water Agency (CLWA). On December 11, 1995,
the City and CLWA entered into a Memorandum of Understanding (MOU) for purpose of a park
and sports facility. This MOU provided the basis for the ground lease. The ground lease,
allowing City use of CLWA property, originated on January 2, 1997, when construction of
Central Park commenced on 34.22 acres.
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The ground lease has been amended three times. The first amendment on February 4, 1997, made
minor changes to some language in the lease. The second amendment on December 16, 2002,
adjusted the boundary of the lease from the original 34.22 acres to the 108 acres currently used.
The second amendment also extended the term of the lease from 2012 until 2017. On December
21, 2017, the lease was extended until January 1, 2023, and included language that addressed a
number of issues, including the requirement for an annual meeting of the City and SCVWA;
allowed use of areas for disc golf, supply storage, and the dog park; provided City access to the
site 24 hours per day; prohibited on -site vehicle fueling and the storage of non -operable vehicles;
required the City to submit any development plans to SCVWA three months prior to the start of
construction; and addressed other issues that more clearly defined both parties' responsibilities to
the site.
On October 1, 2010, a license agreement was executed between the City and CLWA. This
allowed the City to use CLWA-owned land adjacent to Central Park for the construction,
operation, and maintenance of a cross country trail.
This fourth amendment to the lease agreement revises the following key terms:
• Recital D - Identifies SCVWA as the successor in interest to CLWA.
• Section 1.01 - Expansion of the Lease Area (to approximately 111.9 acres) for the Disc
Golf Course (approximately 2.5 acres) and the City Maintenance Yard (approximately
1.5 acres).
• Section 1.03 - Specifies that the annual meeting as set forth per Amendment No. 3
between the City and SCVWA is now specific to Amendment No. 4.
• Section 2.01 - Extends term to January 1, 2038.
• Section 4.03(M)(2) - Addresses interaction and approvals related to future commercial
activities of concessions, specifying commercial concessions must be ancillary to
community activity.
• Section 4.03(0) - Adds language that the City will complete appropriate CEQA review
for future ground disturbing improvements.
• Section 4.03 - Permits the installation of an exercise staircase, outside of the lease
boundary, by an independent License Agreement.
• Section 6.02 - City to notify SCVWA of maintenance to existing improvements.
• Section 11.03 - City to gain approval from SCVWA prior to erecting additional
memorials or commemorative signage.
Approval of the recommended action would ensure Central Park is available to the community
for the next 15 years.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
Upon approval of the recommended action, adequate funds will be availabe for the term of this
agreement.
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ATTACHMENTS
Central Park Fourth Amendment Lease Boundary Map
Fourth Amendment to the Central Park Ground Lease with SCVWA (available in the City
Clerk's Reading File)
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AMENDMENT NO. 4 TO THE GROUND LEASE
AND AMENDMENT NO. 1 TO LICENSE AGREEMENT
BY AND BETWEEN
THE CITY OF SANTA CLARITA AND
THE SANTA CLARITA VALLEY WATER AGENCY
RELATIVE TO CENTRAL PARK SPORTS FACILITY
This Amendment No. 4 to that certain Ground Lease and Amendment No 1 to License
Agreement is entered into as of , by and between the CITY OF SANTA CLARITA
("City") and the SANTA CLARITA VALLEY WATER AGENCY ("Agency") relative to the
Central Park Sports Facility Ground Lease between the City and CASTAIC LAKE WATER
AGENCY ("CLWA") made January 2, 1997, as amended February 4, 1997 (Amendment No.1),
December 16, 2002 (Amendment No. 2) and December 21, 2007 (Amendment No. 3) (the
"Ground Lease").
RECITALS
A. On or about December 11, 1995, the City and CLWA entered into the
Memorandum of Understanding By and Between the City of Santa Clarita and the Castaic Lake
Water Agency Relative to the Use of Site for Park and Sports Facility Purposes ("MOU"), which
provided a basis for the Ground Lease.
B. The MOU provides for two phases of the Ground Lease: Phase 1 for 34.22 acres
and Phase 2 for the balance of the 108 acres.
C. The MOU provides for different terms and conditions which apply upon
commencement of Phase 2 of the Ground Lease.
D. The Agency is the successor in interest to the CLWA. All terms of the Ground
Lease and its amendments continue to be in effect, have not been waived, and are binding on the
City and the Agency. The Recitals herein are binding on the parties.
E. The City has now asked that the terms of the Ground Lease be amended a fourth
time to increase the amount of real property ("Premises") subject to, and activities permitted by,
the Ground Lease.
F. The City's continuing compliance with the terms and conditions of the MOU
constitutes material consideration for CLWA's execution of the Ground Lease and the extension
of its term and the parties agree that additional specificity is needed regarding certain terms and
conditions to address issues which have arisen with development of the park by the City, which
issues include, but are not limited to, security, commercial and non-commercial uses and uses of
the park for other non -park purposes, fencing, and coordinating with Agency of uses of and
improvements to the park.
G. The City and the Agency (as successor to CLWA) are also parties to that certain
License Agreement (the "License Agreement), dated October 1, 2010, under which the City has
55396.00084\40408984.1
been given the right to use a portion of the Agency's land for purposes of a cross-country trail.
The City has asked that the License Agreement be amended as set forth herein.
NOW, THEREFORE, the parties agree as follows:
1. Section 1.01 is amended to read as follows: Premises: Agency leases to the City
and the City hires from Agency, for the term, at the rental and upon all of the conditions set forth
herein, a parcel of land of approximately acres as described in EXHIBIT "B",
REVISED, Legal Description Central Park Easement," attached hereto as EXHIBIT "B" and
incorporated herein by this reference. Such real property is hereafter referred to as the
"Premises." The aforementioned EXHIBIT "B" includes a legal description and depiction of the
areas of the Premises used or to be used for activities permitted by the Ground Lease and its
amendments, including parking areas, storage, recreational and commercial and non-commercial
activities, and bike and cross-country trails. There is no EXHIBIT "A" attached to this
amendment.
2. Section 1.03 is be amended to read as follows: In order for the parties to
coordinate the use of the park under the Ground Lease and its amendments, and recognizing that
the park is developing and changing, the parties shall meet at least annually to discuss the
provisions of this Ground Lease and its amendments, specifically of this Amendment No. 4.
Such meeting shall occur between July 1 and October 1 of each year and shall include the
General Manager, the City Manager or designated senior staff representative of each agency. In
the event of any dispute between the parties as to the interpretation or enforcement of the Ground
Lease and its amendments, the parties shall meet as set out herein to try to resolve their
differences.
3. Section 2.01 is amended by deleting the first sentence and replacing it with:
Term. The term of this Lease commenced on January 2, 1997 and, subject to extension or sooner
termination as provided below, shall expire at midnight on January 1, 2038.
4. Section 4.03(M)(2) is amended to read as follows: Future Commercial Uses:
Future commercial activities on the Premises by the City or its vendors, concessionaires, agents,
employees or representatives shall require Agency approval and must be ancillary to a
community activity relating to a permitted use of the Premises. Because of the varying nature of
potential commercial activities relating to park uses by the City andthird-parties, the City shall
meet with the Agency in advance of approving and/or undertaking such commercial activities on
the Premises to determine what conditions, if any, are necessary for the approval and undertaking
of such activities and what percentage of receipts, if any, shall be paid to the Agency. Such
approval by the Agency shall be on a case -by -case basis.. Any commercial activity carried out
without prior consent shall be considered a violation of the Ground Lease and its amendments.
The City explicitly agrees that any such use has been, is and will be covered by the
indemnification and insurance provisions in this Ground Lease (as amended) for the protection
of the Agency and general public.
5. Section 4.03 is amended to add the below subsection O to read as follows: Trails:
The City is considering installing bike and cross-country trails on the Premises. The installation
55396.00084\40408984.1
of such bike and cross-country trails is agreed to be a permitted use of the Premises and is hereby
approved. The City shall be responsible for any and all costs relating to such installation
(including extension of water lines, lighting and so forth). In addition, the City at its own cost
shall maintain and operate the trails and trail areas in a safe and clean condition and manner and
provide for the necessary security. The City explicitly agrees that any such uses shall be covered
by the indemnification and insurance provisions in this Ground Lease (as amended) for the
protection of the Agency and the general public. Upon termination of the use, the City shall
remove any and all improvements and return the area and its landscaping to a clean and attractive
condition. The above -mentioned cross-country trail will be configured such that it will join the
existing cross-country trail currently used by the City pursuant to the License Agreement, a copy
of which is attached hereto as EXHIBIT C. The City and the Agency agree that the License
Agreement shall have a term which runs concurrently with the term of the Ground Lease (as such
term may hereafter be extended), and that Section 4 (TERMINATION) of the License
Agreement is deleted and intentionally left blank. The City is also considering the installation of
an exercise and access staircase that will encroach on the Premises. The installation and
maintenance of said staircase is not a use permitted by the Ground Lease and its amendments,
but rather a use that is being permitted concurrently herewith by an independent license between
the City and the Agency, a copy of which is attached hereto as EXIBIT D. Traditional golf
course and related uses are also not permitted on the Premises by the Ground Lease and its
amendments. Frisbee golf, however, shall continue to be a permitted use as provided for in
Section 1.04 of the third amendment to the Ground Lease. The City agrees that it will not
consider approving any ground -disturbing construction activity in the proposed expansion areas
for disc golf and the City yard until the City has completed all appropriate CEQA review.
6. Section 6.02 is added to read as follows: Construction of Improvements:
Notwithstanding any other provision of the Ground Lease and its amendments, the City shall
notify the Agency of maintenance to be undertaken on improvements existing on the Premises
that were constructed by the City relating to uses permitted by the Ground Lease. Construction
by the City of new improvements on the Premises for a permitted use, however, shall require the
written approval of the Agency.
7. Section 11.03 is added and reads as follows: Memorials and Commemorations:
The City has erected and/or placed memorials or commemorative signs in or about the Premises,
including two obelisks near the butterfly sculpture, the in memoriam wording on the base of the
west park entry monument, and the Youth Grove area of the Premises. The City shall not erect,
permit or authorize any additional memorials or commemorative signs in or about the Premises,
except, at the request of the City, small commemorative signs may be placed on park related
equipment or fixtures, such as a bench, with the approval, including as to dimensions, and in the
discretion of the Agency General Manager.
55396.00084\40408984.1
CITY OF SANTA CLARITA SANTA CLARITA VALLEY WATER AGENCY
Loln
Name:
Title:
Name:
Title:
5 5 396.00084\40408984.1
Lease Amendment No. 4 - Exhibit B
EXHIBIT B
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THAT PORTION OF THE RANCHO SAN FRANCISCO, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 1, PAGES 521 AND 522 OF PATENTS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, AND SHOWN ON MAP FILED IN BOOK 121 PAGES 44 THROUGH 47
INCLUSIVE, OF RECORD OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHERLY TERMINUS OF THAT COURSE IN THE WESTERLY LINE OF SAID RECORD OF
SURVEY SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF NORTH 08°55'37" EAST 1216.06 FEET;
THENCE ALONG SAID WESTERLY LINE NORTH 08°55'37" EAST 1216.06 FEET TO THETRUE POINTOF BEGINNING;
THENCE CONTINUING ALONG THE NORTHWESTERLY LINES OF SAID RECORD OF SURVEY, THE FOLLOWING
COURSES:
NORTH 21°04'21" EAST 724.82 FEET;
NORTH 34°43'55" EAST 1,406.31 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 1,560.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 16°23'48" EAST;
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°32'58" AN ARC DISTANCE OF 287.23
FEET;
TANGENT TO SAID CURVE, NORTH 63°03'14" EAST 553.78 FEET;
THENCE LEAVING SAID NORTHWESTERLY LINE, SOUTH 26°56'46" EAST 157.31 FEET;
THENCE NORTH 63°03'14" EAST 83.08 FEETTO THE BEGINNING OF ATANGENT CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 115.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40°41'06" AN ARC DISTANCE OF
81.66 FEET;
THENCETANGENTTO SAID CURVE, NORTH 22°22'08" EAST 75.38 FEETTO THE BEGINNING OF ATANGENT CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 140.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53°50'34" AN ARC DISTANCE OF
131.56 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 76°12'42" EAST 597.32 FEET;
THENCE NORTH 78°38'53" EAST 35.09 FEETTO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY
HAVING A RADIUS OF 309.22 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 07°25'26" WEST;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°25'36" AN ARC DISTANCE OF
137.22 FEETTO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF
666.35 FEET, A RADIAL LINETHROUGH SAID POINT BEARS NORTH 20°16'26" EAST;
345
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH ACE INTRALANGLE OF 35°29'15" AN ARC DISTANCE OF
412.72 FEET;
THENCE SOUTH 30°39'30" EAST 169.16 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 160.40 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
SOUTH 81°37'44" EAST;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55°48'14" AN ARC DISTANCE OF
156.23 FEET;
THENCE SOUTH 89°17'43" WEST 144.45 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY
HAVING A RADIUS OF 51.25 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 56°06'05" WEST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°20'32" AN ARC DISTANCE OF
32.51 FEET;
THENCE SOUTH 20°05'53" EAST 60.65 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE WESTERLY
HAVING A RADIUS OF 29.13 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 68°55'28" EAST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40°34'10" AN ARC DISTANCE OF
20.62 FEET;
THENCE SOUTH 51°50'18" WEST 48.37 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHERLY
HAVING A RADIUS OF 68.56 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 13°2755" EAST;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°28'24" AN ARC DISTANCE OF 43.64
FEET;
THENCE NORTH 61°26'50" WEST 18.50 FEET;
THENCE NORTH 55°46'27" WEST 81.21 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE WESTERLY
HAVING A RADIUS OF 1,483.27 FEET, A RADIAL LINETHROUGH SAID POINT BEARS NORTH 76°43'27" EAST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°46'52" AN ARC DISTANCE OF
304.99 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 16.00
FEET A RADIAL, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 48°18'32" EAST;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 98°02151" AN ARC DISTANCE OF 27.38
FEET;
THENCE TANGENT TO SAID CURVE, NORTH 40°15'41" WEST 52.16 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHERLY HAVING A RADIUS OF 49.00 FEET;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77°01143" AN ARC DISTANCE OF 65.88
FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 408.00
FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°52'49" AN ARC DISTANCE OF
105.96 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 120.00
FEET;
346
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°59'25" AN ARC DISTANCE OF
77.47 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 60.00
FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVET HROUGH A CENTRAL ANGLE OF 86°31'41" AN ARC DISTANCE OF
90.61 FEET;
THENCE TANGENTTO SAID CURVE, SOUTH 01°42'29" EAST 128.10 FEETTO THE BEGINNING OF ATANGENT CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 55.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7757128" AN ARC DISTANCE OF
74.83 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 71.00
FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64°50'15" AN ARC DISTANCE OF
80.35 FEET;
THENCETANGENTTO SAID CURVE, SOUTH 14°49'42" EAST 44.18 FEETTO THE BEGINNING OF ATANGENT CURVE
CONCAVE WESTERLY HAVING A RADIUS OF 80.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 66°38'07" AN ARC DISTANCE OF
93.04 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY HAVING A RADIUS OF 85.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 128°49'29" AN ARC DISTANCE OF
191.12 FEET;
THENCE SOUTH 75°18'15" EAST 310.28 FEET;
THENCE SOUTH 39°54'16" WEST 227.51 FEET;
THENCE NORTH 81°24'42" WEST 229.23 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 224.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 49°16'45"
EAST;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°27'04" AN ARC DISTANCE OF
134.69 FEETTO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 68.00
FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7745145" AN ARC DISTANCE OF
92.29 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 27°03'56" WEST 83.18 FEETTO THE BEGINNING OF ATANGENT CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 55.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 76°58'26" AN ARC DISTANCE OF
73.89 FEET;
THENCE TANGENT TO SAID CURVE, SOUTH 75°57'38" WEST 362.35 FEETTO THE BEGINNING OF ATANGENT CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 280.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88°33'46" AN ARC DISTANCE OF
432.80 FEETTO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY HAVING A RADIUS OF 199.00 FEET;
M
347
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54°29'16" AN ARC DISTANCE OF 189.25
FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 113.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVET HROUGH A CENTRAL ANGLE OF 59°29'50" AN ARC DISTANCE OF
117.34 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 235.00 FEET;
THENCE WESTERLY ALONG SAID CURVE THROUGH ACE INTRALANGLE OF 24°09127" AN ARC DISTANCE OF 99.08
FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 66.00
FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52°37'29" AN ARC DISTANCE OF
60.62 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY HAVING A RADIUS OF 115.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 65°21'46" AN ARC DISTANCE OF 131.19
FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 506.00
FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH ACE INTRALANGLE OF 19°50'11" AN ARC DISTANCE OF
175.18 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY HAVING A RADIUS OF 86.50 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVET HROUGH A CENTRAL ANGLE OF 83°09102" AN ARC DISTANCE OF
125.53 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 221.56
FEET;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7705141" AN ARC DISTANCE OF 298.12
FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 105.00
FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH ACE INTRALANGLE OF 32°20'41" AN ARC DISTANCE OF
59.27 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 223.00
FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVET HROUGH A CENTRAL ANGLE OF 65°29'11" AN ARC DISTANCE OF
254.88 FEET;
THENCE TANGENT TO SAID CURVE, SOUTH 41°29'18" WEST 143.59 FEET TO THE BEGINNING OF ATANGENT CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 300.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°40'12" AN ARC DISTANCE OF
134.41 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 178.00
FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70°40'46" AN ARC DISTANCE OF
219.58 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 98.00
FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85°09141" AN ARC DISTANCE OF
145.66 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 08°20'27" WEST 205.26 FEETTO THE BEGINNING OF ATANGENT CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 53.00 FEET;
4
348
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH ACE INTRALANGLE OF 7707130" AN ARC DISTANCE OF
71.34 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 85°27'57" WEST 218.66 FEET TO THE BEGINNING OF ATANGENT CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 320.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°46'21" AN ARC DISTANCE OF
205.38 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 48°41'36" WEST 138.59 FEET;
THENCE NORTH 22°46'38" WEST 100.97 FEET TO THE TRUE POINT OF BEGINNING.
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FEET
500' 250' o' 500' LEGEND
ill 16 o" 1. POC POINT OF COMMENCEMENT
INCHES TPOB TRUE POINT OF BEGINNING
350
LINE TABLE
N0.
BEARING
LENGTH
L1
N63°03'14"E
553.78'
L2
S41°29'18"W
143.59'
L3
N08°20'27"W
205.26'
L4
N85°27'57"W
218.66'
L5
N48°41'36"W
138.59'
L6
N22°46'38"W
100.97'
EXHIBIT 11 B 1 � SHEET 2 OF 4
BOUQUET \,S 16°2348"E (Rj
�^
O`O
.ham
C'7
Lij
PGv PY =
p p.R W
oR��E LLJ
c�
N
n
�v
ESPVE` N12°46'29"W (PCC)
` fC ry N65°23'58"W (PCC�
C2
TPOB �
S49°14'16"W (PRC�
N69°04'27"E (PCC�
co G9 / C�
01 C14 C /
NL4 �cP v� / C7
J wl �� WI
0
�I
o, 00 �l
Z S03°30'08"E (PCC� / tj ZI FEET ��
ILEGEND of 300' 150' o' 300'
TPOB TRUE POINT OF BEGINNING 1" 1/2 0" 1°
VI INCHES
CURVE TABLE
N0.
DELTA
RADIUS
LENGTH
C1
10°32'58"
1560.00'
287.23'
C2
24°09'27"
235.00'
99.08'
C3
52°37'29"
66.00'
60.62'
C4
65°21'46"
115.00'
131.19'
C5
19°50'11"
506.00'
175.18'
C6
83°09'02"
86.50'
125.53'
C7
77°05'41"
221.56'
298.12'
C8
32°20'41"
105.00'
59.27'
C9
65°29'11"
223.00'
254.88'
C10
25°40'12"
300.00'
134.41'
C11
70°40'46"
178.00'
219.58'
C12
85°09'41"
98.00'
145.66'
C13
77°07'30"
53.00'
71.34'
C14
36°46'21"
320.00'
205.38'
351
ova
m
W
W
2
Cf)
LU
LU
C!)
EXHIBIT "B"
M
GP'N i
S77°23'52"W (PRCj
-,,—S48*06'52"E (PCCj
N \ \,N11°22'58"E (PRCj
v N65°23'58"W (PCCj
C�
N07°25'26"W (R)
N18_00'10"E (R)
�R=309.22'
N2 R,gg6 35
S81°37'44"E (RR <�
N �
A� cn
SHEET 3 OF 4
L15 G
�\ N56'06'05"W (R)
68°55'28"E (R)
----
\S13°27'55"E (RI
n, ICS C27
G6 L18
6'C4 _S48°18'32"E (�
\05*10'48"E (PRCj R=16'
r
J
S10°20'03"W (PRCj
38°1135"E (PR
S12°58'C�
56"W (R)
L
G1� \ Li f-
4 \ \S49°16'45"E (R)
\_Sl4°49'41"E (PCCj
FOR ANNOTATION TABLES, SEE SHEET 4
FEET
300' 150' 0' 300'
1" 16 0" 1"
INCHES
352
SHEET 4 OF 4
EXHIBIT "B"
LINE TABLE
NO.
BEARING
LENGTH
L1
N63°03'14"E
553.78'
L2
S26°56'46"E
157.31'
L3
N63°03'14"E
83.08'
L4
N22°22'08"E
75.38'
L5
N76°12'42"E
597.32'
L6
N40°15'41"W
52.16'
L7
S01°42'29"E
128.10'
L8
S14°49'42"E
44.18'
L9
S75°18'15"E
310.28'
L10
S39°54'16"W
227.51'
L11
N81°24'42"W
229.23'
L12
N27°03'56"W
83.18'
L13
S75°57'38"W
362.35'
L14
S30°39'30"E
169.16'
L15
S89°17'43"W
144.45'
L16
S20°05'53"E
60.65'
L17
S51°50'18"W
48.37'
L18
N61°26'50"W
18.50'
L19
N55°46'27"W
81.21'
L20
N78°38'53"E
35.09'
CURVE TABLE
NO.
DELTA
RADIUS
LENGTH
Cl
40°41'06"
115.00'
81.66'
C2
53°50'34"
140.00'
131.56'
C3
11°46'52"
1483.27'
304.99'
C4
98°02'51"
16.00'
27.38'
C5
77°01'43"
49.00'
65.88'
C6
14°52'49"
408.00'
105.96'
C7
36°59'25"
120.00'
77.47'
C8
86°31'41"
60.00'
90.61'
C9
77°57'28"
55.00'
74.83'
C10
64°50'15"
71.00'
80.35'
C11
66°38'07"
80.00'
93.04'
C12
128°49'29"
85.00'
191.12'
C13
34°27'04"
224.00'
134.69'
C14
77°45'45"
68.00'
92.29'
C15
76°58'26"
55.00'
73.89'
C16
88°33'46"
280.00'
432.80'
C17
54°29'16"
199.00'
189.25'
C18
59°29'50"
113.00'
117.34'
C19
24°09'27"
235.00'
99.08'
C20
52°37'29"
66.00'
60.62'
C21
65°21'46"
115.00'
131.19'
C22
25°25'36"
309.22'
137.22'
C23
35°29'15"
666.35'
412.72'
C24
55°48'14"
160.40'
156.23'
C25
36°20'32"
51.25'
32.51'
C26
40°34'10"
29.13'
20.62'
C27
36°28'24"
68.56'
43.64'
353
Lease Amendment No. 4 - Exhibit C
/1 �� q/01L
LICENSE AGREEMENT BETWEEN THE
CITY OF SANT.A C.LARITA AND CASTAIC LAKE WATER AGENCY
THIS LICENSE is made and executed this _ ( day ofbJ2:010, between CASTAIC
LAKE WATER AGENCY, a California public agency ("CLWA") and the CITY OF SANTA
CLARITA, a municipal corporation ("CITY"). CLWA and CITY are sometimes individually
referred to herein as a "Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS, CITY desires to license from CLWA certain real property for recreational purposes
as further described herein; and
WHEREAS, CITY's use of CLWA.'s real property will require installation of fencing by CITY,
thereby providing an increase to the security of CLWA's facilities.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and
conditions herein, CLWA and CITY agree as follows:
AGREEMENT
I . LICENSE: DESCRIPTION OF PROPERTY. CLWA licenses to CITY to use, on the
terms and conditions in this License, the real property Iegally described and depicted in Exhibit A
attached hereto (the "Property") for a cross country trail as depicted in Exhibit B attached hereto
and further explained in Section 2 below. CLWA's action is not, and should not be construed to
be, a conveyance of a property interest or a lease; it is a license to use property only.
2. USE OF PROPERTY.
A. CITY may use the Property for the construction, operation and maintenance of a
cross-country trail for public use (excluding the use of motorized eduipnment). The trail
nl"Iv also be ttsed flor recreational events sponsored by a third party, as further described
iri lmarRtrt-ar-Ai B. of this section. Trtiil inmiyRivements shall consist of a newly graded dirt
jlafhm vay and (le.ricic µ, us n-itttually tqgrecd by t;'ITY and CLWA. The trail shall be between
six (6) and elf ht tx) (bee in ,vidth in the approximate location depicted in Exhibit B
attached hereto.
B. Schedule of events by third parties tivill be provided to CLWA on an annual
basis; and CITY will endcavor to provide 14 days notice of any deviations to said
scheduled events
C. CITY shall not use the Property for any purpose other than as set forth in Section
2(A) above without obtaining CLWA's prior written consent.
{!n ul ;auto (I /, t i:-euar .._eicclilt: ot
•--pal, mbri 2010
355
D, CLWA may change, amend, or terminate CITY's use of Property at any time,
and in its sole discretion, verbally or in writing.
3. TERM. Except as provided in Section 4, the term of' this license shall begin on
September 10, 2010, and end on January 1, 2012. The terms of renewal shall coincide «-ith that
of the existing ground lease between CLWA and CITY for the operation of Central Park, and
therefore the term shall automatically be extended for a period of one year on January 1 of each
year, subject to prior written authorization by CLWA during its annual review of the ground
lease.
4. TERMINATION.
A. CLWA or City may terminate this License at any time with or without cause,
upon written notification. Termination shall be effective upon 45 days notice,
unless specified otherwise.
B. By executing this document, the Parties waive any and all claims for damages
that might otherwise arise from either Party's termination under this Section,
C. Upon termination of this License, CITY shall remove all personal property,
improvements and appurtenances from 'the Property no later than thirty (30)
days after the effective termination date in Section 4.A above, The Property
shall be left in a clean and orderly condition. Should CITY not remove all
personal property, improvements and appurtenances from Property within such
thirty (30) days, CLWA may remove such iterns at the cost of the CITY, which
shall be paid to CLWA by CITY within forty five (45) days of receipt of written
invoice from CLWA. This provision shall survive the termination of this
License.
5. CONDEMNATION. If all or part of Property is acquired by eminent domain or
purctiase in lieu thereof, CITY acknowledges that it shall have no claim to any compensation
awarded. for the taking of Property or any portion thereof or for loss of or damage to CITY's
improve.nlents.
6, ALTERATIONS, CITY shall not make, or cause to be made, any alterations to
Property, or any part thereof, except as specified herein and in the attached exhibits without
CLWA's prior written consent.
7. 1-1AZARDOU5/TOXIC' WASTE. CDA/A has not.., nor, to CLWA's knoNvIedge, has any
third party used.. generated, stored or disposed of', or pem-iit'ed the uset generation, storage or
disposal of, any Ilazardous Material (as defined below) on, under. about or witilin Property in
Violation of any law or re<iulation. C JT aures:s thalt 11 shall not use oc llerate, store or dispose of
any Hazardous Material (as defined below) on, tinder, about or withill P1operty In violation of
any law or regulation. CITY agrees to defend and inderruufy CLVN.'A, to the extent stated in
. :ILc III': _. ...
356
Section 1 I. against any and all losses, liabilities, claims or costs arising fi-om any breach of any
warranty or agreerrlcm contained i11 this Section, As used in this Section, "Hazardous M"It.erial"
means any substance, chemical or waste that is identified as ]hazardous, toxic or dangerous in any
applicable federal, state or local law or regulation (including petroleum and asbestos).
H. SIGNS. CJTY shall not place any sign upon Property except as specified herein and in
the attached exhibits without CLWA's prior written consent. CITY shall pay for all costs of any
al_)piroved signage and comply with all applicable sign codes and ordinances.
9. ASSIGNMENT. CITY shall not assign this Liccnse or any interest therein. The CITY is
authorized to issue temporary permits to allow for third party use of the Property consistent with
the events described in Section 2, provided the third party Meets the insurance requirclrlents set
forth in Section 11.01, paragraph B, and agrees to defend and Indemnify CLWA, its directors,
officers, employees, agents, consultants, or volunteers. The indemnification provided to CLWA,
its directors, officers, employees, agents, consultants, or volunteers shall be in substantially the
same form and scope as that provided under Section 10 below.
10. INDEMNIFICATION
10.01 ExculUation of CLWA: To the fullest extent permitted by law, CITY agrees that
CLWA shall not be liable to CITY or its employees, agents, subtenants, or invitees or any other
persons, or for their property, oil any legal basis whatsoever, and CITY waives all claims against
CLWA for damage to person or property arising for any reason or in any way with respect to this
License Agreement. CLWA or its agents shall not be liable for interference with light, air, or for
any latent defect in the Property.
10.02 Indemnification: CITE` at its own and sole expense shall to the fullest extent
permitted by law indemnify and hold harmless and defend CLWA, its directors, officers,
employees, agents, consultants, or volunteers, and each of them, from and against:
A. Any and all claims, demands, causes of action, damages, costs, expenses,
losses or liabilities, i11 law or ill equity, of every bind and nature whatsoever for, but not limited
to, injury to or death of any person including CLWA ,and/Or CITY, or any directors, officers,
employees, agents, consultants, and/or olwn(t,ers of CLAVA c::,r CITY, and damages to or
destruction of property of rally person, including, but nol. liniiied io, (._ WA and/or CITY and their
directors, officers, employees, agents, culsultai,ts, t.III:Uor vtrlulIII;TTrs, tirisilq-, out of or in any
manner directly or indirectly connected with this License, except to the extent caused by the sole
negirgence or willful misconduct of CLWA or its directors; officcrs, employees, agents,
consultants, and/or valurrteers;
B. Any and all actions, proceedings, damages, costs, expenses, penalties ol•
liabilities, in law or equity, Of every ]Kind or nature whatsoever, relating to the use of this License
Agreement, or resulting from, or 011 account of the violrltian of Duly Rovernnle11tal law or
rcgtllatiorl, COn1pl1a11CC with Which is the responsibility of CITY; and
C. Any and all actions. proceedings, damages, costs. expenses, penalties Or
liabilities, in law or equity, of every kind or nature m1llats0cver, arising fi-011-1 any breach or
.m�ml7ct .�!%Its
357
default in the performance of any obligation of this License ALyreernent on CITY's hart to be
pedbnned under the terms of this License, or arising from any act or negligence of the C111i, or
of any officer, agent; employee, guest; or invitee of, CITY.
CITY ,agrees to carry insurance for this purpose as set out in this License. (See Section
I 1 of this License for insurance specifications and coverage.) C.ITY's obligation to indemnify,
hold harmless and defend shall not be restricted to insurance proceeds, if any, received by
C'LV A or its directors, officers, eirlployees, agents, consultants, and/or volunteers.
CITY shall give prompt writt.en notice to CPAIA u1 case of casualty or accidents in, on,
or about the Property. CITY, upon notice fl-0111 CLWA, shall defend CLVWA at CITY's expense
by counsel reasonably satisfactory to CLWA.
11. INSURANCE.
I I AI Cc�nlliiere.ial General Liability and Au ornobile Limbilay Insurance: CITY shall
provide and maintain at its sole cost and expense, and shall keep in force during the License
term, the following cornmercial general liability and automobile liability insurance, insuring the
CLWA and the CITY against any liability arising in any way out of this License and/or the
ownership, use, occupancy, and maintenance of the Property; and all areas appurtenant thereto,
as follows:
A. Coverage — Coverage for conarnercial general liability and automobile
liability insurance shall be at least as broad as the following:
I. Insurance Services Office Commercial General Liability coverage
(Occun-ence Form CG 0001)
2. Insurance Services Office Form Number CA 0001 (ed 1/87)
covering Autonsobde Liability, Symbol 1 (any auto)
B. Limits — CITY shall maintain limits no less than the following:
1. General Liability — Five million dollars ($5,000,000) per
occurrence for death or bodily injury, and/or personal injury to one person and Two million
dollars ($2,000,000) per occurrence for property damage affecting one person. Ten million
dollars ($10,000,000) per occurrence for death or bodily injury and/or pemmml injury to more
than one person and Two million dollars ($2,000,000) per oceurrerlce for property damage to
more than one person in any one occurrence, If Material General i.7111711hy insurance or other
Win with a `zenmal aggre Ue limit is used, either the general aggregate limit shall apply to the
License (with ISO CC] 2501 or insurer's equivalent endorsement provided to CDVA) or the
general aggregate limit Shall be tWice the required occurrence limit. In the event of use by a
third party authorized under a pernut issued by the CITY, the third party shall be reduircd to
provide CLWA w-ith liability covusge in amounts cgWd to Tal provided to the City by the third
party, Unless waived in writing by CLWA, the liability insurance provided by the third party
1-1-lust comply with the required �provisions set forth iii Section 11.01,C. below witli respect to
�idditiollal iflSLU'ed S1,'11: is. waiver of submgadon, Find the prll-nary Y,11d 11Oil contributing
358
requirement.
2. Automobile Liability — Ten million dollars ($10,000,000) per
accident for death or bodily injury and/or personal injury and property damage, combined single
limit.
C. Required Provisions — The general liability and automobile liability
policies are to contain, BY ENDORSEMENT, the follo\�,ing provisions:
I. CLWA, its director, officers, employees, agents, consultants,
and/or volunteers are to be covered as insureds as respects: any liability arising in any way or on
any legal theory out of this License by the CITY; including liability with .respect in any way to
automobiles owmed, leased, hired or borrowed by the CITY. The coverage shall contain no
Special limitations on the scope of protection afforded to CLWA, its directors, officers,
employees, agents, consultants, and/or volunteers,
2. For any claims related to this License, the CITY's insurance shall
be primary insurance as respects CLWA, its directors, officers, employees, agents, consultants,
and/or volunteers. Any insurance, pooled coverage or self-insurance maintained by the CLWA
its directors, officers, employees, agents, consultants, and/or volunteers shatl not contribute to it.
3. Any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage provided to the CLWA, its
directors, officers, employees, agents, consultants, and/or volunteers,
4, The CITY's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability,
5. CITY's insurance shall cover all contractually assumed CITY
liability obligations under Section 10 of this License.
6. Each insurance policy shall specifically state that coverage shall
not be suspended, voided, canceled by either party, reduced in coverage or in limits except after
thirty (30) days prior written notice by certified mail, return receipt requested, which has been
actually and physically received by CLWA.
Such liability insurance shall indemnify the CITY and its contractors
against loss from liability linposcd by law llpoll, or assumed under contract by, the CITY or its
contractors for damages on account Of such bodily injury (including death), property damage;
personal injury and completed operations and products liability.
Such insurance shall be provided on a policy foa'ln written by tnnleru,riters
through an agency satisfactory to CLWA; \'vhich includes a cross -liability clause, and covers
bodily 117JUry (including death) and property damage liability, owned and non -owned vehicics
and equipment, blanket contractual liability and completed operations liability,
359
Such liability insurance Shall include explosion, collapse, underground
excavation acid removal of lateral support, CLWA. its directors, officers; employees, agents,
consultants, aM/or volunteers shall he nalrled as additional ilISLIreds on any such policies. Any
additional insured endorsement (ISO CO 2011 (ISO CC 2024 if land only) or equivalent)
(modified to i.nc:lude provision C-6 above) and a cei-tificate of insurance (Accord Forlxl 25.5 or
equivalent), shall be provided to CLWA.
The insurer shall waive all rights of sLibrogatron against CLNA`A. CITY
shall provide CLWA with a certificate of insurance for property insurance coverage and
evidence of waiver of rights of subrogation against CLWA and its directors, officers, ell-iployees,
agentS, Go.nsunt ltas, and/or volunteers.
D, Deductibles and Self -Insured Retentions — Any deductible or self -insured
retention must be declared to and approved by CLWA. At the option of CLWA, the insurer shall
reduce or eliminate such deductibles or self insured retentions.
E. Acceptability of Insurers — Insurance is to be placed by CITY with
insurers having a cut -rent A. M. Best's rating of no less than A-:VII or equivalent, licensed to do
business in the State of California, and autlsorized to write such insurance in the State of
California.
11.02 Property Damage: CITY shall at its own and sole expense obtain and keep in
furue dtiring the term of this License a policy or policies of insurance covering loss or damage to
the Property and the iI'll p.rovernrats, thereon.. in the amount of the full replacement value thereof
providing, protection against till perils including within the classification of fire, extended
average, vandalism, tnaliciOtts n-tischief and special extended perils (all risk). The aforesaid
policies sl;all mane both the CLWA and CITY as insureds. CITY shall provide the CINNIA with
a certtft;.d copy of the aforesaid policies. If CITY shall fail to procure and maintain said
insurance, CLWA n-iay, lout at the ex.pcnse of Lhe CITY, obtain such insurance.
CITY's property insurance covering all risks of direct physical loss, damage or
destruction to real and personal property shall include explosion, collapse, underground
excavation and removal of lateral support. CLWA shall be named as an additional primary
insured on any such policy.
The insurer shall xaive all rights of subrogation -,i! iinst CLWA. CITY shall provide
CLWA with a certificate of insurance for property insurance 1L10vt:r11lpe Lind evidence of waiver of
rights of subro�aation a�-airist CLWA and its directors, ofliccrs. c-inpioy,=cs, agents, consultants.
and/or volunteers.
11.03 CITY's Blanket Insurance: N1otwithstandill -(1 an-ythin( to the contrary contained
within this Section; CITY's obh(�jations to carry the insurtailc.e provided for herein may 'be
brought within the coverage of a so-called blanket policy or policies of insurance carried and
maintained by CITY7 provided, however, that CLWA shall be named as an additional insured
thereunder as its interest may appear and that the coverage afforded the CL-�,'A will not be
reduced or diminished by reason of the use of such blanket policy of insurance, and provided
further that Lill the requirement.. and specifications set forth herein are in every respect othcr\vise
R,�Ij
satisfied_
1 1.04 Notice of Cancellation: CITY agrees that on or before twenty (20) days
prior to expiration of any insurance policy, CITY will deliver to CLWA written notification in
the form of a receipt or other similar document from the applicable insurance company that said
policy or policies have been renewed; or deliver certificates of coverage from another insurance
company, meeting the requirements of this Section 13,
11.05 Workers' Compensation: CITY and CLWA, for their respective employees, if
any, on the Property of the park, shall carry adequate Workers' Compensation Insurance in
accordance xvith the laws of the State of California. By its signature hereunder, CITY certifies
that it is aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self-insurance
in accordance with the provisions of that Code, and CITY agrees to and will comply with such
provisions in connection with any work performed on the Property. Any persons providing
services with or on behalf of CITY shall be covered by workers' compensation (or qualified self-
insurance).
CITY and its contractors shall cover or insure under- the applicable laws relating to
workers' compensation insurance, all of their respective employees working on or about the
Property, regardless of whether such coverage or insurance is mandatory or merely elective
under the law, and CITY shall defend, protect and save harmless CLWA., its directors, officers,
employees, agents, consultants, and/or volunteers from and against all claims, suits, and actions
arising from any failure of the CITY or any contractor hired by the CITY to maintain such
insurance. Before execution of the License, CITY sl.'lall furnish to CLWA satisfactory proof that
it has taken out full workers' compensation for all persons ernploycd directly by it or tlrruugh
contractors hired by CITY to carry out any wort; in any way con;ernirig the i'roperty, all in
accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor
Code of the State of California, and any Acts amendatory thereof.
CITY shall provide employer's liability insurance in the amount of, at least, $1,000,000
per accident for bodily injury and disease.
CITY shall provide CLWA with a certificate of Workers' Compensation and Employer's
liability insurance coverage.
11.06 Evidences of Insurance: Prior to execution of the License. CITY shall file with
CLWA evidences of insurance, including originals of all required insurance policy
endorsements, from an Insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of" the ISO CG 2011 or 2024 (or insurer's
equivalent) aWied bv. the insurer's and certificate of insurance (Accord Form 25-5
or equivalent). All evidence of insurance shall be certified by a properly authori ed officer,
agent or qualified representative of the insurer and shall certify the names and/or capacities of'
the insured, and additional insureds, the type and amount of t1)e insurance, the location acid
operations to which the insurance applies, and the expiration date.
CITI.' shall. upon demand of CLWA, deliver to CLWA all such policy or Policies of'
' ,'?.1,
361
insurance and the receipts for payment of pismimmms thereon: and should CITY neglect to obtain
and n ahmahi in We any such irisumnce or deliver such policy or policies and receipts to
CLV,\,'A. then it A anive.d that CLWA may (but has im obligation to) obtain and maintain such
insurance; and CITY hwnhy appoints C NVA is true and lawful attorney -in -fact to do all things
necessary Or this purliose. All money paid by CLV,•'A for insurance 10emiurns under the
provision of this section shal I be c:hargjcd to CITY as additional rent.
CITY and CLAVA agree that C'LW'A's receipt cif insurance Clocuiiments from CITY or its
insurers does not constitute CLWA's agreement thW such Insurance documents are sufficient
under this License, and that CITY is fully responsible for supplying insurance doCLlrnentS and
coverage in compliance Mth the requirements ofthis License,
12. COMPLIANCE NVITH L.A1'+'. CITY shall, at its We cost acid expense, comply with all
of the requirements of all federal, state, and local authorities now in force, or which may
hereafter he in force, pertaining to Property and shall faithfully observe in the use of Propmly all
applicable laws. The judgment of any court of competent jurisdiction, or the admission of CITY
in any action or proceeding against CITY, whether CLWA be a party thereto or not, that CITY
has vinlated any such ordinance or statute in the use of Property shall be conclusive of that fact
as between CL%,VA and CITY,
13. BREACH. The violation of any of the provlsions of this License shall constitute a breach
of this License by CITY, and in such event said License shall automatically cease and terminate•
14. WAIVER UE BREACH. Any express or implied waiver of a breach of any term of this
License shall not constitute a waiv-er of an), further breach of the same or other will of this
License.
15. UNT.RY BY CLNVA AND PUBLIC. This License sloes not convey any property
interest to CITY. h�;cept for areas restricted because of safety concerns, CLWA shall have
unrestricted access upon Property for all lawful acts.
16. INSOLVENCY; RECEIVER, Either the appointment of a receiver to take possession
of all or substantially all of the assets of CITY, or a general assignment by the CITY for the
Went of creditors, or any action taken or offered by CITY under any insolvency or banl ngAcy
Won, shall constitute a bresich of tills License by CITY, and in such event said License shall
autornativally cease and terminate.
IT NOTICER Except as otherwise expressly provided by imam, all notices or other
connuunications vapired or pem itted by this t.ictive or by law to be served on or given to
either party to this License: by the oilier )arty shrill he in writing• and shall be deemed served
vdwn peimully delivered to the party to Worn My are Meted. of to lieu of the personal
service, upon deposit in the United States mal certified or registered mail, return rec:cipt
rcqucSted. postage prcliciid; atddressed to:
CLWA at:
a;;l'aIC L,14c 11'atel" A°eliCj
27-234 BOLIClliei C m)yon Road
362
Santa Clarita, California 91350
Attn: Brian Folsom
or to CITY at:
City of Santa Clarita
23920 Valencia Boulevard, Suite
120 Santa Clarita, CA 91355
Attn: Rick Gould
Either party may change its address for the purpose of this Section by giving written
notice of the change to the other party.
18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that agreements
ancillary to this License and related documents to be entered into in connection with this
License shall be considered signed when the signature of a party is delivered by facsimile
transmission, Such facsimile signature shall be treated in all respects as having the same effect
as an original signature.
19, GOVERNING LAW, This License has been made in and shall be construed in
accordance with the laws of the State of California and exclusive venue for any action involving
this License shall be in Los Angeles County.
20, PARTIAL INVALIDITY. Should any provision of this License be held by a court of
competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this
License shall remain in effect, unimpaired by the holding.
21, INTEGRATION. This instrument and its Attachments constitute the sole agreement
between CLWA and CITY respecting Property, the use of Property by CITY, and the specified
License term, and con-ectly sets Corth the obligations of CLWA and CITY. Any agreement or
representations respecting Property or its licensing by CLWA to CITY not expressly set forth in
this instrument are void.
22, CONSTRUCTION. The language of each part of this License shall be construed simply
and according to its fair meaning, and this License shall never be construed either for or against
either party.
23. AUTHORITY/MODIFICATION. The Parties represent and wan -ant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this License and to
engage in the actions described herein. This License may be modified only by written
agreement.
24. CONFLICT OF INTEREST. CITY shall comply with all conflict of interest laws and
regUlations including,
25. COUNTERPARTS. This License may be executed in any number or counterparts, each
of which shall be an original, but all of which together shall constitute one instrument executed
on the same date.
363
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year
first hereinabovc written.
FOR CLMIA:
DAN MASNADA, G NEIJ�AL MANAGEI
By: �'`��
Date; _0
APPROVED AS TO FORM:
MCCORMICK, KIDMAN & BEHRENS, LLP
fl
Date: 9" = 3"
FOR CITY OF SANTA CLARITA:
KENNETH R. PU MP, CITY MANAGER
By: Z
City Manager
Date: --�f // U
ATTEST:
By: . r.
City Clerk
Date: l �l/ /I�
APPROVED AS TO FORM:
CARL K. NEWTON- CITY ATTORbWY
City A.ttuitcy
Date: Tfs L/
Crrp of Santa Clark-, Ci.k%A Liccuse Agrecmcnt
Scp!embcr 2010
faze 10
EXHIBIT "A"
LEGAL DESCRIPTION
EASEMENTS FOR PUBLIC USE AND TRAIL PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BEING 16.00 FOOT WIDE EASEMENTS FOR PUBLIC USE AND TRAIL PURPOSES TO THE CITY OF SANTA
CLARITA IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
UPON, OVER, AND ACROSS PORTIONS OF THE RANCHO SAN FRANCISCO PER MAP FILED IN BOOK 1
PAGES 521 AND 522 OF PATENTS, RECORDS OF SAID COUNTY, LYING 8.00 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINES:
TRAIL 1
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 6 AS SHOWN ON MAP OF TRACT NO.
53425-01 FILED IN BOOK 1325 PAGES i THROUGH 15, INCLUSIVE, OF MAPS, RECORDS OF SAID
COUNTY, SAID CORNER ALSO BEING IN THE SOUTHERLY LINE OF THE LAND DEEDED TO THE CITY
OF LOS ANGELES BY DEED RECORDED AUGUST 2, 1951, AS INSTRUMENT NO. 1714 IN BOOK 36908
PAGE 383 OF OFFICIAL RECORDS AND AS SHOWN ON THE RECORD OF SURVEY FILED IN BOOK 121
PAGES 44 THROUGI 47, INCLUSIVE, OF RECORDS OF SURVEY, BOTI RECORDS OF SAID COUNTY;
1. THENCE NORTH 71004'31" EAST, ACROSS SAID CITY OF LOS ANGELES LANDS, 1,343.13 FEET TO
THE POINT OF BEGINNING OF SAID CENTERLINE;
2. THENCE NORTH 22042'01" WEST 31.24 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE EAST AND HAVING A RADIUS OF 100.00 FEET;
3. THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21032,43" AND AN
ARC LENGTH OF 37.60 FEET;
4. THENCE ON A TANGENT BEARING NORTH 01009'18" WEST 74.22 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 100.00 FEET;
5. THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13'24'09" AND AN
ARC LENGTH OF 23.39 FEET;
6. THENCE ON A TANGENT BEARING NORTH 14033'27" WEST 119,31 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 75.00 FEET;
7. THENCE NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 46051'03" AND AN ARC LENGTH OF 61.33 FEET;
8. THENCE ON A TANGENT BEARING NORTH 32017'36" EAST 42.65 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 50.00 FEET;
9. THENCE NORTHEASTERLY, NORTHERLY, AND NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 89°35'11" AND AN ARC LENGTH OF 78,18 FEET;
10. THENCE ON A TANGENT BEARING NORTH 5701735" WEST 92,92 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 75.00 FEET;
11. THENCE NORTHWESTERLY, NORTHERLY, AND NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 88'2720" AND AN ARC LENGTH OF 115.79 FEET;
12. THENCE ON A TANGENT BEARING NORTH 31009'46" EAST 69.28 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO TI4E NORTHWEST AND HAVING A RADIUS OF 50.00 FEET;
13. THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13'38'13"
AND AN ARC LENGTH OF "I1.90 FEET TO A POINT ON CURVE DESIGNATED AS POINT "A", FROM
WHICH A RADIAL LINE TO THE CENTER OF CURVE BEARS NORTH 72'28'27" WEST;
14, THENCE CONTINUING NORTHERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 19030'45" AND AN ARC LENGTH OF 17,03 FEET;
15, THENCE ON A TANGENT BEARING NORTH 0105912" WEST 36.27 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 75.00 FEET;
365
16. THENCE NORTHWESTERLY, NORTHERLY, AND NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 63044'05" AND AN ARC LENGTH OF 83.43 FEET;
17. THENCE ON A TANGENT BEARING NORTH 61044'53" EAST 47.55 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 75.00 FEET;
18. THENCE NORTHEASTERLY, NORTHERLY, AND NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 77044'29" AND AN ARC LENGTH OF 101.70 FEET;
19. THENCE ON A TANGENT BEARING NORTH 1505635" WEST 137,87 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 50.00 FEET;
20. THENCE NORTHWESTERLY, NORTHERLY, AND NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 4201030 AND AN ARC LENGTH OF 36.80 FEET TO A POINT OF
REVERSE CURVATURE, SAID CURVE BEING CONCAVE TO THE WEST AND HAVING A RADIUS OF
50.00FEET, FROM SAID POINT A RADIAL LINE TO THE CENTER OF CURVE BEARS NORTH 63°46'06"
WEST;
21. THENCE NORTHEASTERLY, NORTHERLY, AND NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 60031'09" AND AN ARC LENGTH OF 52.81 FEET;
22. THENCE ON A TANGENT BEARING NORTH 34017'14" WEST 24.69 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 50.00 FEET;
23. THENCE NORTHWESTERLY, NORTHERLY, AND NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 36050'13" AND AN ARC LENGTH OF 32.15 FEET;
24. THENCE ON A TANGENT BEARING NORTH 02032'59" EAST 32.85 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 100.00 FEET;
25. THENCE NORTHEASTERLY, NORTHERLY, AND NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 20043'34" AND AN ARC LENGTI OF 36.17 FEET;
26. THENCE ON A'TANGENT BEARING NORTH 18010'34" WEST 111.52 FEET,
27, THENCE NORTH 67001'13" WEST 48.03 FEET TO A POINT FROM WHICH THE MOST
NORTHEASTERLY CORNER OF LOT 4 OF SAID TRACT NO.53425-01 BEARS SOUTH 7101211.91, WEST
1865.80 FEET, SAID POINT ALSO BEING THE END OF TRAIL 1.
TRAIL 2
BEGINNING AT POINT "A" AS DESCRIBED IN COURSE NO. 13 OF TRAIL 1 ABOVE;
1. THENCE SOUTH 55039'41" WEST 78.59 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO TIIE NORTH AND HAVING A RADIUS OF 10.00 FEET;
2. THENCE SOUTHWESTERLY, WESTERLY, AND NORTHWESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 67031'02" AND AN ARC LENGTH OF 11.78 FEET;
3. THENCE ON A TANGENT BEARING NORTH 56049'18" WEST 23.69 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE SOUTI I AND HAVING A RADIUS OF 40.00 FEET;
4. THENCE NORTHWESTERLY, WESTERLY, AND SOUTHWESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 108051'02" AND AN ARC LENGTH OF 75.99 FEET;
5. THENCE ON A TANGENT BEARING SOUTH 14019'40" WEST 20.12 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 100.00 FEET;
6. THENCE SOUTHWESTERLY, SOUTHERLY, AND SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 300"I5'03" AND AN ARC LENGTH OF 52.80 FEET;
7. THENCE ON A TANGENT BEARING SOUTH 15055'22" EAST 106,81 FEET TO THE BEGINNING:, OF A
TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 50.00 FEET;
8. THENCE SOUTHEASTERLY, SOUTHERLY, AND SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 40038'45" AND AN ARC LENGTH OF 35.47 FEET TO A POINT OF
REVERSE CURVATURE, SAID CURVE BEING CONCAVE TO THE SOUTHEAST AND HAVING A
RADIUS OF 300,OOFEET, FROM SAID POINT A RADIAL LINE TO THE CENTER OF CURVE BEARS
SOUTH 65'16'37" EAST;
366
9. THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 30038'55" AND AN ARC LENGTH OF 160.48 FEET TO A POINT OF REVERSE CURVATURE,
SAID CURVE BEING CONCAVE TO TTIE NORTHWEST AND HAVING A RADIUS OF 20.00FEET,
FROM SAID POINT A RADIAL LINE TO THE CENTER OF CURVE BEARS SOUTH 84004'28" WEST;
10. THENCE SOUTHERLY, SOUTHWESTERLY, WESTERLY, AND NORTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 130028'38" AND AN ARC LENGTH OF 45.55 FEET;
11. THENCE ON A TANGENT BEARING NORTH 55026'54" WEST 91.46 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 300.00 FEET;
12. THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20055,34"
AND AN ARC LENGTH OF 109,57 FEET;
13. THENCE ON A TANGENT BEARING NORTH 76°22'28" WEST 102.59 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 50.00 FEET;
14. THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3202726"
AND AN ARC LENGTH OF 38.32 FEET;
15. THENCE ON A TANGENT BEARING NORTH 43055'02" WEST 62.16 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 200.00 FEET;
16. THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1901431"
AND AN ARC LENGTH OF 67.17 FEET;
17. THENCE ON A TANGENT BEARING NORTH 63009'33" WEST 182.22 FEET;
18. THENCE NORTH 12047'50" EAST 302.91 FEET TO A POINT FROM WHICH THE MOST
NORTHEASTERLY CORNER OF LOT 4 OF SAID TRACT NO.53425-01 BEARS NORTH 7804355" WEST
1,066.58 FEET, SAID POINT ALSO BEING THE END OF TRAIL 2.
TRAIL 3.
BEGINNING AT THE POINT OF BEGINNING OF TRAIL 1 ABOVE;
1. THENCE SOUTH 34039-33" WEST 105.81 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 250.00 FEET;
2. THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26003'54"
AND AN ARC LENGTH OF 113.73 FEET TO A POINT ON CURVE DESIGNATED AS POINT "B", FROM
WHICH A RADIAL LINE TO THE CENTER OF CURVE BEARS NORTH 29016'33" WEST;
3. THENCE CONTINUING SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 35001'15" AND AN ARC LENGTH OF 152.81 FEET;
4. THENCE ON A TANGENT BEARING NORTH 84015'19" WEST 309,80 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 350.00 FEET,
5. THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 47053'45" AND AN ARC LENGTH OF 292.58 FEET TO POINT "C" FROM WHICH THE
NORTHWESTERLY CORNER OF LOT 6 OF SAID TRACT NO.53425-01 BEARS SOUTH 66051'57" WEST
440.72 FEET, SAID POINT ALSO BEING THE END OF TRAIL 3,
TRAIL 4
BEGINNING AT POINT "B" AS DESCRIBED IN COURSE NO.2 OF TRAIL 3 ABOVE;
1. THENCE SOUTH 17042'20" EAST 406.12 FEET TO A POINT DESIGNATED AS POINT "D";
2. THENCE SOUTH 14001'28" EAST 56.41 FEET, MORE OR LESS, TO A POINT ON THE NORTHERLY
LINE OF LOT 6 OF SAID TRACT NO. 53425-01 AND ON THE SOUTHERLY LINE OF SAID CITY OF LOS
ANGELES LANDS, FROM WHICH THE NORTHWESTERLY CORNER OF SAID LOT 6 BEARS NORTH
81055'06" WEST 1,280.62 FEET, SAID POINT ALSO BEING THE END OF TRAIL 4.
THE SIDELINES OF TRAIL 4 SHALL BE LENGTHENED OR SHORTENED TO TERMINATE AT SAID
NORTHERLY LINE.
367
TRAIL 5
BEGINNING AT POINT "D" AS DESCRIBED IN COURSE NO. I OF TRAIL 4 ABOVE;
I. THENCE SOUTH 54033'01" WEST 30.26 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE NORTH AND HAVING A RADIUS OF 50.00 FEET;
2. THENCE SOUTHWESTERLY, WESTERLY, AND NORTHWESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 89°08'18" AND AN ARC LENGTH OF 77.79 FEET;
3. THENCE ON A TANGENT BEARING NORTH 36°18'42" WEST 77.55 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 50.00 FEET;
4. THENCE NORTHWESTERLY, WESTERLY, AND SOUTHWESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 103058'55" AND AN ARC LENGTH OF 90.91 FEET TO A POINT OF REVERSE
CURVATURE, SAID CURVE BEING CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF
150.00FEET, FROM SAID POINT A RADIAL LINE TO THE CENTER OF CURVE BEARS NORTI I
50°17'37" WEST;
5. THENCE SOUTHWESTERLY, WESTERLY, AND NORTHWESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 59059'07" AND AN ARC LENGTH OF 157.04 FEET;
6. THENCE ON A TANGENT BEARING NORTH 8001830" WEST 297.01 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 50.00 FEET;
7. THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44°00150"
AND AN ARC LENGTH OF 38.41 FEET;
8. THENCE ON A TANGENT BEARING NORTH 36"17'40" WEST 53.75 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 200,00 FEET;
9. THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°25'01"
AND AN ARC LENGTH OF 67.78 FEET TO A POINT OF REVERSE CURVATURE, SAID CURVE BEING
CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 200.00FEET, FROM SAID POINT A
RADIAL LINE TO THE CENTER OF CURVE BEARS NORTH 34017'20" EAST;
10. THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4,I°25'35"
AND AN ARC LENGTH OF 155.08 FEET;
11. THENCE ON A TANGENT BEARING NORTH 11"17'05" WEST 6,24 FEET TO POINT "C" AS
DESCRIBED IN COURSE NO.5 OF TRAIL 3 ABOVE, SAID POINT ALSO BEING THE END OF TRAIL 5.
TRACT NO.27994 FILED IN BOOK 722 PAGES 87 THROUGH 90, INCLUSIVE, OF MAPS, RECORDS OF SAID
COUNTY IS THE BASIS OF BEARINGS FOR THESE LEGAL DESCRIPTIONS.
L�.._
'\ >lkrs ✓a
o
T
r Q/ryl" A
o. 5459
* *:
OF CALF
DATED MAY 19, 2011
368
Exhibit "A" Map
ji"
PARCEL I
he
%
PARCEL 2
PARCEL 3
DrAl. 1c ScAls
PREPARED FOR-.
CASTAIC LAKE WATER AGENCY
PREPARED BY-
P"0LELW-'U*tY4Q CC
CASTAIC LAKE WATER AGENCY
272-34 BOUQUET CANYON ROAD
2MQ�MMLATIO`f ROAD. SUTE
VALEKIM.Ck 913M
RIO VISTA WATER TREATMENT PLANT SITE
SANTA ICUkRfTA- CA 913-50-2173
I-S11 ;5-1920 =AX t561)254 IP22
EXHIBIT "B"
EASEMENTS FOR PUBLIC USE AND TRAIL PURPOSES
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
NORTHEASTERLY CORNER OF LOT 4,
TRACT NO. 53425-01 Olt, ?_OP"'
cl
CITY OF LOS ANGELES LANDS
PER INSTRUMENT NO. 1714, AUGUST 2, 1951
EXISTING TRAIL
+LvO O
�4
-UU
5
POB TRAIL 2 CLWA FACILITIES
DOG PARK POB TRAIL 1 & 3 O
3. 2. j
WATER POB TRAIL 4
TANK 4
p
POB TRAIL 5 /
5. cN DAD
NCWHALL RAN
NORTHWESTERLY CORNER OF LOT 6, I'
TRACT NO, 53425-01
NOT TO SCALE
0"- INDICATES TRAIL NUMBER AND CORRESPONDS TO DESCRIPTIONS ON EXHIBIT "A"
LORIN JAMES JORDAN, PLS
SENIOR ENGINEER -LAND SURVEYOR
CITY OF SANTA CLARITA
DATED; MAY 19, 2011
370
Lease Amendment No. 4- Exhibit D
LICENSE AGREEMENT FOR EXERCISE AND ACCESS STAIRS
This License Agreement ("Agreement") For Exercise And Access Stairs is made as of
("Effective Date"), by and between the Santa Clarita Valley Water Agency
("Licensor") and the City of Santa Clarita ("Licensee").
RECITALS
A. Licensor is the owner of the real property identified and described in Exhibit "A," attached
hereto and incorporated herein by reference (the "Property").
B. Licensee would like to install an exercise and access stairs ("Stairs") within the Property
to be located in the area depicted in Exhibit "A."
NOW, THEREFORE, the parties agree as follows:
1. License. Licensor hereby grants to Licensee, its employees, agents, contractors and
invitees, which includes the general public, a non-exclusive license and right to enter upon and over the
Property ("License") for the sole purpose of installing, maintaining and using the Stairs and related
lighting improvements and for no other purpose ("Activities"). In connection with the installation and
use of the Stairs, Licensor and Licensee acknowledge that it will be necessary for plans to be prepared
regarding the design and location of lighting and electrical services. Plans for the design and location of
the lighting and electrical services are not yet finalized. Licensor and Licensee agree to cooperate with
one another in formulating and completing mutually satisfactory plans for the lighting and electrical
services. Upon completion, the lighting and electrical services will be installed in accordance with the
approved plans. Licensee shall be solely responsible for all costs and expenses relating to the Activities
as contemplated in this Agreement. The License and this Agreement are independent of the Central Park
Sports Facility Ground Lease between City and the Agency made January 2, 1997 and its amendments
(the "Ground Lease").
2. No Interest in Land Granted. Nothing herein shall be deemed to grant to Licensee any fee
interest, leasehold, easement, or other possessory interest in the Property, or any portion thereof, or any
exclusive right or special status to negotiate or purchase. This Agreement grants a limited license upon
specified terms and no more.
3. Term. This Agreement shall be effective upon the date specified above when both parties
have executed this Agreement and shall terminate at midnight on January 1, 2038. The term of this
Agreement shall run concurrently with the term of the Ground Lease, and a renewal of the term of the
Ground Lease shall be a corresponding renewal of the term of this Agreement.
4. Conditions for Entry Onto Property. The Property shall be entered upon by Licensee and
its invitees, which includes the general public, for the Activities and for no other purpose. Such entry
shall not unreasonably interfere with Licensor's ownership or use of the Property. All existing
improvements located on the Property are to be protected in place, unless otherwise agreed to by the
Licensor. Licensee shall be subject to the following terms and conditions:
a. Licensor makes no representation, covenant, warranty or promise that the Property
is fit for any particular use, including the use for which the License is granted and Licensee is not relying
on any such representation, covenant, warranty or promise and accepts the Property in its "as is" condition.
5 5396.00018\34304595.1
371
b. Licensee shall conduct the Activities in compliance with all applicable federal, state
and local laws.
C. At the completion of the Activities and/or the revocation of the License, Licensee
will restore the Property to its original condition prior to this Agreement.
d. Licensee shall not permit to be placed against the Property, or any part thereof, any
design professionals', mechanics', materialmen's, contractors' or subcontractors' liens with regard to
Licensee's actions on the Property. Licensee agrees to hold Licensor harmless for any loss or expense,
including reasonable attorneys' fees and costs, arising from any such liens which might be filed against
the Property.
5. Notice. Prior to entering the Property for the installation and maintenance of the Stairs,
Licensee shall provide Licensor with forty eight (48) hours advanced written notice at the address stated
in Section 13.
6. Prohibition of Ding. Unless permitted in writing by Licensor, Licensee is prohibited
from taking samples or digging on the Property. Licensee shall indicate in writing the scope of any
intended tests requiring digging 48 hours prior to entry onto the Property for Licensor's review and
approval. All results and findings of such permitted tests shall be made available for Licensor's at no cost.
7. [INTENTIONALY LEFT BLANK)
8. Indemnification. Except as to sole gross negligence or willful misconduct of the Licensor,
Licensee agrees to indemnify, defend (with counsel approved by Licensor) and hold the Licensor, its
officers, officials, agents and employees, harmless from and against all claims, damages, losses, liability,
cost or expense, including defense costs and attorney's fees, including, but not limited to, bodily injury,
death, personal injury or property damage, which arise out of or are in any way connected with the
performance of the Activities by the Licensee, its officers, officials, agents, employees, and contractors,
under the License and this Agreement, and the use of the Stairs and related improvements by its invitees,
which includes the general public. Licensee shall also be responsible for any attorneys' fees the Licensor
incurs in the event the Licensor has to file any action in connection with this Agreement. The parties
expressly agree that any payment, attorney's fees, costs or expenses Licensor incurs or makes to or on
behalf of an injured employee under the Licensor's workers' compensation insurance coverage shall be
included as a loss, expense or cost for the purpose of this Section, and that this Section shall survive the
expiration or early termination of this Agreement.
9. Insurance. Prior to Licensor's execution of this Agreement, Licensee shall provide to
Licensor a certificate of insurance showing that Licensee is insured for commercial and general liability
insurance, automobile liability insurance and professional liability insurance with minimum limits as
follows: commercial and general liability insurance policies shall cover both bodily injury (including
death) and property damage (including, but not limited to, premises operations liability, products -
completed operations liability, independent contractor's liability, personal injury liability, and contractual
liability) in an amount not less than $2,000,000 per occurrence and a general aggregate limit in the amount
of not less than $2,000,000, unless otherwise approved or reduced by the Licensor in writing. Licensee's
automobile liability policy shall cover both bodily injury and property damage in an amount not less than
$2,000,000 per occurrence unless otherwise approved or reduced by Licensor in writing. Licensee shall
procure and maintain, and require its subcontractors to procure and maintain, for a period of five (5) years
following completion of the Activities, errors and omissions liability insurance appropriate to their
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profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed
to include contractual liability. These minimum amounts of coverage shall not constitute any limitation
or cap on Licensee's indemnification obligations hereunder. Prior to Licensor's execution of this
Agreement, copies of insurance policies or original certificates and additional insured endorsements
evidencing the coverage required by this Agreement, for both commercial and general and automobile
liability insurance, shall be filed with Licensor and shall include Licensor and its officers, employees and
agents, as additional insureds. Said policies shall be in the usual form of commercial and general and
automobile liability insurance policies, but shall include the following provisions:
a. It is agreed that the Licensor, and its officers, employees and agents, shall be added
as additional insureds under this policy and each policy shall contain a waiver of the insurer's right of
subrogation against the Licensor.
b. The policies shall not be canceled unless thirty (30) days prior written notification
of intended cancellation has been given to Licensor by certified or registered mail, postage prepaid.
C. The policies shall apply on a primary non-contributing basis in relation to any
insurance or self-insurance available or applicable to the Licensor.
The Licensor, its officers, officials, employees and agents make no representation that the types or limits
of insurance specified to be carried by Licensee pursuant to this Agreement are adequate to protect
Licensee. If Licensee believes that any required insurance coverage is inadequate, it shall obtain such
additional insurance coverage, as it deem adequate, at its sole expense.
10. Hazardous Substances Indemnity. Licensee expressly agrees to and shall indemnify,
defend (with counsel approved by Licensor), release and hold the Licensor, its officers, officials, agents
and employees harmless from and against any liability, loss, fine, penalty, fee, charge, lien, judgment,
damage, entry, claim, cause of action, suit, proceeding (whether legal or administrative), remediation,
response, removal, or clean-up and all costs and expenses associated therewith, and all other costs and
expenses (including, but not limited to, attorneys' fees, expert fees, and court costs) in any way related to
the disposal, treatment, transportation, manufacture, or use of any Hazardous Substances on, in, under, or
about the Property by Licensee, or its respective officers, directors, agents, subcontractors, servants,
employees or developers, or by any other third party acting under the control or request of Licensee, or by
the general public, other than the Licensor and its respective officers, agents, servants, employees or
developers. This indemnity, defense and hold harmless obligation shall survive the expiration or
termination of this Agreement.
11. Hazardous Substances Defined. Hazardous Substances shall mean any (a) substance,
product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or
addressed pursuant to CERCLA, 42 U.S.C. § 9601, et seq.; The Hazardous Materials Transportation Act,
49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq.
("RCRA"); The Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; The Clean Water Act, 33 U.S.C.
§ 1251, et seq.; The Hazardous Waste Control Act, California Health and Safety Code ("H. & S.C.") §
25100, et seq.; the Hazardous Substance Account Act, H. & S.C. § 25330, et seq.; the California Safe
Drinking Water and Toxic Enforcement Act, H. & S.C. § 25249.5, et seq.; Underground Storage of
Hazardous Substances H.& S.C. § 25280, et seq.; the Carpenter -Presley -Tanner Hazardous Substance
Account Act (H & S.C. § 25300 et seq.); The Hazardous Waste Management Act, H. & S.C. §§ 25170.1,
et seq.; Hazardous Materials Response Plans and Inventory H. & S.C. § 25001 et seq.; or the Porter-
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Cologne Water Quality Control Act, Water Code § 13000, et seq., all as amended, or any other federal,
state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating
to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste,
substance or material, as now or at any time hereafter in effect, (b) any substance, product, waste or other
material of any nature whatsoever which may give rise to liability under any of the above statutes, (c)
petroleum, crude oil or any substance which contains gasoline, diesel fuel or other petroleum
hydrocarbons other than petroleum and petroleum products contained within regularly operated motor
vehicles, and (d) polychlorinated biphenyls (PCB), radon gas, urea -formaldehyde, asbestos and lead.
12. Venue and Attorneys' Fees. Any action at law or in equity brought by either party for the
purpose of enforcing a right or rights provided for by the License and this Agreement shall be tried in a
court of competent jurisdiction in the County of Los Angeles, State of California, and the parties hereby
waive all provisions of law proving for a change of venue in such proceedings to any other county. In the
event either party shall bring suit to enforce any term of this Agreement or to recover any damage for and
on account of the breach of any term or condition of this Agreement, it is mutually agreed that the
prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be
set by the court in such action.
13. Notices. Service of any notices, bills, invoices or other documents required or permitted
under this Agreement shall be sufficient if sent by one party to the other by United States mail, postage
prepaid and addressed as follows:
To Licensor: Santa Clarita Valley Water Agency
Attn: Matt Stone
27234 Bouquet Canyon Rd.
Santa Clarita, California 91350
Telephone: (661) 513-1211
Email: mstone@scvwa.org
To Licensee: The City of Santa Clarita
Attn: Ken Striplin
23920 Valencia Blvd.
Santa Clarita, CA 91355
Email kstriplin@santa-clarita.com
14. Assignment. It is mutually understood and agreed that the License and this Agreement are
personal to Licensee and shall be binding upon Licensee and its successors and may not be assigned or
transferred in any way without the prior written consent of the Licensor. Any transfer shall be void and
of no effect.
15. Authorily. The individuals executing this Agreement each represent and warrant that they
have the legal power, right and actual authority to bind their respective entities to the terms and conditions
hereof and thereof.
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16. Severabili1y. Each provision, term, condition, covenant, and/or restriction, in whole and
in part, in this Agreement shall be considered severable. In the event any provision, term, condition,
covenant, and/or restriction, in whole and/or in part, in this Agreement is declared invalid,
unconstitutional, or void for any reason, such provision or part thereof shall be severed from this
Agreement and shall not affect any other provision, term, condition, covenant, and/or restriction, of this
Agreement and the remainder of the Agreement shall continue in full force and effect.
CITY OF SANTA CLARITA SANTA CLARITA VALLEY WATER AGENCY
By: By:
Name: Name:
Title: Title:
Attest:
By:
Name:
Title:
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