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Home My WebLink About1996-07-09 - AGENDA REPORTS - PRIVATE PROPERTY TRAIL ACCESS (2)CityManagerApproval Item to be presented by: Rick Putnam CONSENT CALENDAR DATE: July 9, 1996 SUBJECT: PRIVATE PROPERTY TRAIL ACCESS AGREEMENT DEPARTMENT: Parks, Recreation, and Community Services As a result of the success of the City's trail system, the community has been requesting access to the trail from private properties. Currently, the access gates to the trail are from City right- of-way wherever possible. However, in some instances, this has limited access to the trail to every half mile or more. Access from private property would help the City meet its goal of every quarter mile and improve the functionality of the trail system. The City Attorney has prepared a License Agreement which would be entered into by private property owners and the City of Santa Clarita. The License Agreement has been reviewed and approved by the City's Risk Manager and includes provisions for maintenance, operations, and indemnification and insurance requirements. Should City Council approve and accept the recommendation, staff is prepared to proceed with negotiations with the property owners who have requested access and are consistent with the City's goals. In an effort to recover the cost of issuing the License Agreement, a license fee will be established based on the amount of staff time spent coordinating the agreement. A study to determine the exact cost will be conducted at a later date. 1. City Council approve the License Agreement and authorize staff to begin negotiations with private property owners. 2. Authorize City Manager to execute the License Agreement upon successful negotiations. 3. Authorize staff to establish a license fee based on the amount of staff time required to issue the License Agreement. R.1L:ltk WUnci]/nW3S.rjl LICENSE AGREEMENT (AGREEMENT NO. _) This License Agreement ("License Agreement") is made and entered into by and between the City of Santa Clarita, a Municipal Corporation in the State of California ("City") and ("Licensee"). The parties hereto do agree as follows: Section 1. Recitals, This License Agreement is made and entered into with respect to the following facts: (a) That Licensee has requested the City's permission to obtain a right of access from Licensee's property to the 'City's Santa Clara River Trail Phase I for Pedestrian and Biking use ("Trail"), a public right of way, as legally described in Exhibit "A" (b) That City has agreed to permit access to the Trail from Licensee's property subject to the terms and conditions of this License Agreement, and the City of Santa Clarita Parks and Recreation Department Trail Rules and Guidelines ("Rules"), attached as Exhibit "B"; (c) That pursuant to Title 14 of the Santa Clarita Municipal Code, violation of the Rules is an infraction and/or misdemeanor punishable by fine or imprisonment, in addition to constituting a breach of this Agreement; and, (d) That the City Council has determined that the public interest, convenience and necessity require the execution of this License Agreement. Section 2. Grant of License City grants to Licensee a license ("License") to access Trail from Licensee's property for the purpose of using the Trail for pedestrian and biking purposes. Licensee may not use the Trail for any other purpose without obtaining City's prior written consent. Section 3. Method of Access. For purposes of this agreement, Licensee's access to the Trail shall be through gates ("Gates") constructed, owned, and maintained by Licensee. The gates shall remain locked at all times. The Gates shall be placed at a location approved by the City. The construction and location of the Gates shall be pursuant to plans and specifications approved by the City and attached as Exhibit "C" of this Agreement. The City shall have no obligation to fix or maintain the Gates, but may do so if in the best interests of the LAX2:156222.9 -1 City. City shall have the right to lock the Gates at its sole discretion, thereby denying access to Licensee, for flood control, public safety or any other purposes, without providing prior notice to Licensee. Section 4. Term This License Agreement shall be for a term of five (5) years, commencing on the date of this License. Section 5. Termination. The City reserves the right to terminate this License Agreement at will at any time during the term of this License Agreement without prior notice. Section 6. Tnourance coverage. Licensee shall provide and maintain insurance, acceptable to the City Manager or City Council, in full force and effect throughout the term of this License, against claims for injuries to persons or damages to property which may arise from or in connection with this License. This coverage shall include: (a) Liability Insurance Coverage. During the entire term of this License Agreement, Licensee agrees to procure and maintain General liability insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting' directly or indirectly from any act or activities of the City or Licensee, its officers, employees or agents or any person acting for the City, or Licensee or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any of the City, or Licensee, or its officers, employees or agents, or any person acting for the City or Licensee, or under its control or direction. Such General liability and property damage insurance shall also provide for and protect the City against incurring any legal cost in defending claims for alleged loss. Such General liability and property damage insurance shall be maintained in full force and effect throughout the term of the Agreement and any extension thereof in the following minimum limits: A combined single limit policy with coverage limits in the amount of $1,000,000 per occurrence will be considered equivalent to the required minimum limits. All of such insurance shall be 'primary insurance and shall name the City of Santa Clarita as an additional insured. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City Manager, then Licensee agrees that the minimum limits ,,.33,7 -2- herein above designated shall be changed accordingly upon request by the City Manager. Licensee agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which the Licensee may be held responsible for the ,payment of damages to persons or property resulting from Licensee's activities, the activities of its officers, employees or agents or the activities of any person or persons for which Licensee is otherwise responsible. Section 7. Indemnity. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers ("Indemnities".) shall have no liability to Licensee or any other person for, and 'Licensee shall indemnify, defend, protect and hold harmless Indemnities from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements which Indemnities may suffer or incur or to which Indemnities may become subject by reason of or arising out of any injury to or death of any'person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by useof this License Agreement, including, but not limited to, the use of the Gates by any person, acting either with or without the consent of Licensee, to obtain access to the Trail or to leave the Trail. Section 8. Binding Effect. The provisions of this License Agreement shall be 'binding upon the Parties hereto and their respective successors in interest. Section 9. Severability'. This License Agreement shall not be deemed severable. If any provision or part hereof is judicially declared invalid, this License Agreement shall be void and of no further effect. Section 10. Modification. This License Agreement shall not be modified except by written agreement of the Parties. Section 11. Assigna ili v. This license shall not be assigned by either party without the prior written consent of the other party. z -3- Section 12. Effective Date. The effective date of this License Agreement shall be , 1996. ATTEST:. City Clerk CITY OF SANTA CLARITA By: LICENSEE so .,,222.7 -4- The City's Trail system described as: Trail name located Exhibit "A" within the City of Santa Clarita on existing Los Angeles County Flood Control maintenance road or City constructed maintenance road Licensee's gate location described as: Gate Identification Number same as License Agreement Number pls dev/exhibitaijl EXHIBIT B SANTA CLARITA TRAIL GUIDELINES trail courtesy and safety are your responsibility. Hours: Dawn to Dusk HIKERS:;,', Be alert and courteous. Yield to equestrians. Allow bikes and horses to pass. BICYCLISTS: Always control your speed. Yled to hikers and equestrians. Use caution around horses. -stop completely as you approach equestfians from either direction. Calmly announce your presence. -Ask d it's okay for you to proceed. -Pass slowty when the equestrian has given the okay. EQUESTRIANS: Always control your steed. Be aware of other trail users. TRAIL COURTESY YIELD TO\Icl/ DOGS AND OTHER DOMESTICATED ANIMALS MUST BE ON LEASH DISCHARGE OF FIREARMS OR AIR POWERED WEAPONS PROHIBITED FIRES PERMITTED IN..DESIGNATED AREAS ONLY USE TRASH BINS OR PACK OUT LITTER ALCOHOLIC BEVERAGES PROHIBITED STAY ON DESIGNATED TRAILS NO MOTORIZED VEHICLES Violat ions of the shove rules isan infraction and/or misdemeanorand is punishable by fine or imprisonment per Santa Clarita Municipal. Code, Title '14. CITY OF SANTA CLARITA PARRS AND. RECREATION DEPARTMENT >1 V2' STM GAL1t "It FOR GATE FRAME ' A* ANGLE APtM . NAPMOMMF. / L!2• DETAIL OF CUT-OUT RETAINING WACCS;-CHANNEL DIA . , WALLS, -ETC `'' CHAIN AND LOCK TYPICAL WALK GATE _ "PIPE POST GATE I .. Q S/B• GUSSET �;. ►LATE 1. SECURE DRIVE FIT GALVANIC CAP TO POST MBTH 'A' ROUND HEAD RIVET , c . . F .. ,. .: FRAME 1 12' FOR LINE POSTS ,j; - GROUT RINK 16• FOR ENO, • '. CORNER AND •" GUSSET-! DETAIL STEELTF--- - VAREAT,IM-10PAWTHE ,,,...DELETE INTERMEDUTE ! PLATE 1-0. ;HALL A GA. WIR POSTS La"o0B =PLUN t ( GM SPECIFIED. BEI LARGER THAN S. ALL DATA SHOWN ON TYPICAL DETAILS. SHALL BE APPLIED TO OTHER PERTINENT DETAILS. 'AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER O M OF PIPE POST i 1 �•� �� .•lam �'•• GATE FABRIC AS N 8' MAX SPACING PLUNGER POO CUP EMBEOOEO N ONE CUBIC FOOT OF CONCRET -MIN DIA. POST it 00♦8- TYPICAL DRIVE GATE CONGHt I t HtAUWALLa. DETAIL OF CUT-OUT RETAINING WACCS;-CHANNEL FOR . , WALLS, -ETC `'' CHAIN AND LOCK 4- GATE FRAME _ NOTES: 4' .. Q S/B• GUSSET �;. ►LATE 1. SECURE DRIVE FIT GALVANIC CAP TO POST MBTH 'A' ROUND HEAD RIVET , c . . F .. ,. .: -.-.. : ;.. _ 4. FENCE - 2 41 DENOTES FABWC W1DD►NOMNAt. Z HEIGHT.H SHALL BE S -G' UNLESSIOTFIF3iYmm • '. 3.' IF CHAIN LIWS FENCE WTIH TOP PAL IS SPIEWIED. GUSSET-! DETAIL STEELTF--- - VAREAT,IM-10PAWTHE ,,,...DELETE PIPE RAll AT {RERAIEDIATE, END ANBD CaF1NEA POSTS.. EXTEND TENSION RW TO THE TOP RAL PLATE .A, BARBED WIRE SHALL BE USED ONLY WHEN La"o0B =PLUN t ( GM SPECIFIED. _.. REINFORCING... - STEEL OAR , _,-CUPvDETAIL . S. ALL DATA SHOWN ON TYPICAL DETAILS. SHALL BE APPLIED TO OTHER PERTINENT DETAILS. 'AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN 600 r_waIN I INK FENCE AND GATES Of �'wEET 2 OF 2