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HomeMy WebLinkAbout1994-10-25 - AGENDA REPORTS - FUNDS IMPROV NEWHALL CREEK (2)AGENDA REPORT l City Manager Approv Item to be presente by: Anthony J. Nisich ,er CONSENT CALENDAR DATE: October 25, 1994 SUBJECT: APPROVAL OF LICENSE AGREEMENT WITH THE MASTER'S COLLEGES AND APPROPRIATE FUNDS FOR IMPROVEMENTS TO NEWHALL CREEK DEPARTMENT: Community Development BACKGROUND On September 27 the City Council approved an agreement with the U.S. Department of Agriculture, whereby the USDA will provide 85% and the City will provide 15% of the cost of improving the west side of Newhall Creek from Market Street to a point near 4th Street, to reduce soil erosion and to protect the homes between Race Street and Newhall Creek within the limits indicated. A license agreement with the property owner, The Master's College, is necessary to indemnify the College while the construction is occurring and to provide assurance to the USDA that the property owner has approved the entering and construction upon the property. It is also necessary to appropriate $272,000 and increase the estimated revenues for the USDA's portion of this project. RECOMMENDATION It is recommended that the City Council approve the attached License Agreement which has been prepared by the City Attorney and appropriate $272,000 to Account No, 21-95034-227 for improvements to Newhall Creek and increase estimated revenues by an equal amount in Account No. 21-3550, ATTACHMENT License Agreement AM Oji PIED SES:hds:dls Agenda Item:__ To: Geri Miller -Davis From: Elizabeth M. Calciano 10-19-94 2:53pm P. 2 of B This Agreement is made and entered into by and between the City of Santa Clarita, a general law city ("City") and The Masters College, a California non-profit corporation ("Grantor") W I T N E 9 8 E T H: The parties hereto do agree as follows; Section 1. Recitals. This Agreement is made and entered into with respect to the following facts: (a) Grantor is the owner of certain real property located within the City of Santa Clarita, County of Los Angeles, State of California, which is more particularly described in Exhibit A attached hereto and incorporated by this reference (the "Property"); and (b) Grantor desires to construct a drainage charnel wall for erosion protection and related facilities ("Facility") on a portion of the Property; and (c) The legislative body of the City has determined that the public convenience, interest and necessity requires the execution and implementation of this Agreement. Section 2. Grant of Easement by Grantor. The Grantor shall grant a non-exclusive easement ("Easement") to the City for the non-exclusive use of the Site by executing a Temporary Construction Easement Agreement substantially in the form attached hereto as Exhibit B_ The Easement shall be for ingress and agrees to and across the property and for storing construction materials and equipment on the Property for the purpose of constructing a drainage channel wall and shall be for use by the City, its elected officials, officers, agents and employees, and by any contractor, his or her employees and agents engaged by the contractor whenever and wherever necessary for the purposes set forth above. Section 3. Term of Easement. The term of the Easement granted hereby shall he for a period of seven (7) months commencing on December 1, 1554 and terminating on July 1, 1555. The term hereof may be extended by mutual agreement of the parties, expressed in writing. Upon termination of the Easement, the wall constructed upon the Easement shall become the property and the responsibility of the Grantor. TAXI I I MN3.2 nRAFr 1 NI WM To: Geri Miller -Davis From: Elizabeth M. Calciano Section 4. Insurance Coverage. City, at during the term of this Agreement or any extended of this Agreement shall have and maintain in full affect, the following insurance coverages: (a) Comprehensive Liability coverage; and 18-19-94 2:53pm all times term or terms force and (b) Workers' Compensation coverage as required by law, or an approved self insurance Workers' Compensation plan. All required policies of Liability Insurance coverage shall name the Grantor, its officers and agents as additional insureds. Contemporaneously with the execution of this Agreement the City shall provide the Grantor with a Certificate of Insurance evidencing the existence of insurance coverages required pursuant to this Agreement. City shall, at all times during the term of this Agreement, maintain on file with the Grantor, current Certificates of Insurance. Section 5. Joint Indemnities. Notwithstanding the provisions hereof relating to liability insurance coverage, each of the parties hereto agrees to the following indemnities: (a) City does hereby indemnify Grantor and agrees to hold Grantor and its officers, employees and agents free and harmless from any claim, demand or judgment for personal injury, wrongful death and/or property damage arising out of City's activities pursuant to this Agreement providing that, upon termination of the Easement, the City shall not indemnify the Grantor for any personal injury, wrongful death and/or property damage arising from any action or lack of action taken with respect to the Facility after the termination of this Easement; and (b) Grantor does hereby indemnify City and its elected and appointed officers, employees and agents free and harmless from any claim, demand, or judgment for personal injury, wrongful L death and/or property damage arising out of Grantor's activities pursuant to this Agreement and acts or omissions with respect to the Facility following termination of the Easement. Section 6. Conditions of Easement. As a condition of approval upon the issuance of the Easement, the City shall not encumber or allow the encumbrance of the Property by any lien for any purpose in any way. Section 7. Binding Effect. This Agreement shall be in full force and effect and be binding upon each of the parties I.AX2:1I 9932 -2- T)RAFr 1 NI PJ9e p. 3 of 8 To: Geri Miller -Davis From: Elizabeth M. Calciano 10-19-94 2:53pm p. 4 of 8 hereto and to all of their lawful successors in interest whether or not the obligations of this Agreement are expressly assumed in writing by any such successor. Section 8. Notices. Whenever notices are required to ba given pursuant to the provisions of this Agreement, the same shall be in written form and shall be served upon the party to whom addressed by personal service as required in judicial proceedings, or by deposit of the same in the custody of the United States Postal Service or its lawful successor in interest, postage prepaid, addressed to the Parties as follows: CITY: City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, California 91355-2195 Attn: George Caravalho, City Manager GRANTOR: The Masters College Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following the deposit of the same in the United States mail. Section 9. Section Headings. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents of the sections to which they relate. Section 10. No Presumption Re: Drafter. The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this Agreement, and therefore no presumption for or against validity or as to any interpretation hereof based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement. Section 11. Entire Agreemant, This Agreement sate forth the entire understanding of the parties with respect to the subject matter hereof. Section 12. Saverability. This Agreement shall not be deemed severable. If any provision or part hereof is judicially declared invalid. This Agreement shall be void and of no further effect. T"2:11 Mi93.2 - 3 - DRAPf 1 Ml R19e To: Geri Miller -Davis From: Elizabeth M. Calciano 18-19-94 2:53pm p. 5 of 8 Section 13. Execution. Warranties. Each party hereto does hereby warrant to the other party that the execution and implementation of this Agreement is within the powers of each of said parties. Section 14. Compliance with Laws. Grantor shall comply with all applicable laws and regulations applicable to Grantor during the term hereof, including, but not limited to, all applicable laws, rules and regulations. Such compliance shall include, but not he limited to, Grantor obtaining and maintaining at all times during the term hereof, a City business license. Section 15. Modification. This Agreement shall not be modified except by written agreement of the Parties. Section 16. Effective Date Agreement shall be on ATTEST: City Clerk The effective date of this 1994. CITY OF SANTA CLARITA IZ By: Mayor T.AX2:11nR93.2 -4- rAAFr 1M1rJ94 To: Geri Miller -Davis From: Elizabeth M. Calciano 10-19-94 2:53pm P. 6 of 8 EXHIBIT A Those portions of Lots 40 and 41, City of Santa Clarita, County of Los Angeles, State of California, as shown on Map of St. Johns Subdivision recorded in Miscellaneous Records Book 196, pages 304-309, lying southerly of the southerly line of the 250 feat wide right of way of the Metropolitan Water District of California, and lying easterly of a line 50 feat wast, measured at right angles of the westerly line of Lot 41 having a bearing of North 12 degrees West. T.AX2:11N93.2 -5- TNUFr In11A194 To: Geri Miller -Davis From: Elizabeth M. Calciano 10-19-94 2:53pm P. 7 of 8 EXHIBIT B Recording requested by When recorded mail to Space above this line for 'recorder's use TEMPORARY CONSTRUCTION EASEMENT AGREEMENT Preamble and Recitals This Agreement is entered into by and between the City of Santa Clarita, hereafter referred to as "Grantor," and The Masters College, hereafter referred to as "Grantee." A. Grantor is the owner of certain real property situated in the City of Santa Clarita (hereafter referred to as the "Servient. Tenement"), and more particularly described as follows: Those portions of Lots 40 and 41, City of Santa Clarita, County of Los Angeles, State of California, as shown on Map of St. Johns Subdivision recorded in Miscellaneous Records Book 195, pages 304-305, lying southerly of the southerly line of the 250 feet wide right of way of the Metropolitan Water District of California, and lying easterly of a line 50 feet west, measured at right angles of the westerly line of :Lot 41 having a bearing of North 12 degrees West. B. Grantee desires to acquire certain rights in the Servient Tenement. 1. Grant of Easement. In consideration of constructing a drainage channel wall for erosion protection and related facilities, Grantor grants to Grantee an easement. 2. Character of Easement. The easement granted in this Agreement is in gross. 3. Description of Easement. The easement granted in this Agreement is an easement for ingress and egress over and across TAXI 993.2 -5 - MAFr INIPM To: Geri Miller -Davis From: Elizabeth M. Calciano 10-19-94 2:53pm P. 8 of 0 the Servient Tenement and to store construction materials and equipment on the Servient Tenement for the purpose of constructing a drainage chanel wall and shall be for use by the Grantee, its elected officials, officers, agents and employees, and by any contractor, his or her employees and agents, engaged by the Grantee whenever or wherever necessary for the purposes set forth. 4. Term. The easement granted in this Agreement shall be from December 1, 1994 to July 1, 1995. 5. Nonexclusive Easement. The easement granted in this Agreement is nonexclusive. Grantor retains the right to make any use of the Servient Tenement, including the right to grant concurrent easements in the Servient Tenement to third parties, that does not interfere unreasonably with Grantee's free use and enjoyment of the easement. 6. Assignment. This Agreement, including any interest in this Agreement, shall not be assigned without the prior written consent of the other party. 7. Binding Effect. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee, except as otherwise provided in this Agreement. Executed on r*VV!Vk=LVO By GRANTEE By LAX2A i mroa.z -7- nnnr=r i ro: weu