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Home My WebLink About2002-03-26 - AGENDA REPORTS - MWD BRIDGEPORT AGMT (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: RECOMMENDED ACTION CITY OF SANTA CLARITA AGENDA REPORT City Manager Item to be Pre March 26, 2002 METROPOLITAN WATER DISTRICT AGREEMENTBRIDGEPORT PARK Parks, Recreation, and Community Services LEASE City Council approve and authorize the City Manager, or designee, to execute a lease agreement with the Metropolitan Water District (MWD) for 6 acres adjacent to Bridgeport Park, subject to City Attorney approval. BACKGROUND In January 1998, City Council approved the North Valencia I (NVI) Development Agreement between the City of Santa Clarita (City) and Newhall Land and Farming (NLF). In the agreement, condition number 506 requires the construction of a 12.4 -acre public park. In addition, approximately 6 acres, owned by MWD, adjacent to the park site, is being improved by NLF, and will be included with the park. A 30 -year lease agreement over the MWD property has been successfully negotiated pending City Council approval. ALTERNATIVE ACTIONS 1. City Council modify the lease agreement with the Metropolitan Water District. 2. Other action as determined by the City Council. FISCAL IMPACT The amount of $200, payable to the Metropolitan Water District for the lease of the Bridgeport Park property, is available in Fiscal Year 2001-2002 Budget in Account Number: 7350-8110. ATTACHMENTS Metropolitan Water District Lease Agreement - Draft RJ4mnl PR \ Council \Ag"epts \2002 \MWDBridgeport3-26-02doc Agenda Item: Attachment LEASE R. L. 1922 MWD Foothill Feeder/Santa Clara Valley Pipeline and Santa Clara River Spillway MWD Parcel No. 1600-13-1.1 (Fee) (Ptn.) APN Nos. 2811-001-284 and 2811-13-1 (Ptn.) y Substr. Job No. 4035-94-008 Sta. 374+90 to 381+70 This Lease is made, by and between THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, hereinafter referred to as Lessor, and the CITY OF SANTA CLARITA, CALIFORNIA, hereinafter referred to as Lessee. 1, DESCRIPTION OF PROPERTY. Lessor hereby leases to Lessee, on the terms hereinafter set forth, that certain property hereinafter referred to as Property. Said Property is described in Exhibit "A' and shown on Exhibit "B" attached hereto and incorporated herein by reference. 2: TERM. The term of this Lease shall be for 30 years beginning on March 1, 2001, to February 28, 2031. This Lease may be terminated in accordance with the provisions of Paragraph 9 herein below, 3. USE. Property shall be used for public park and open space subject to conditions specified herein. Lessee's use of Property shall be subject to Lessor's paramount rights to use Property. a. Lessor retains the right to excavate ground surfaces to repair, replace, or restore its sub -surface pipe and related facilities without prior notice and to install a second pipe or any other additional facilities within Metropolitan's right-of-way as indicated on Exhibit "B" b. Lessee shall not allow Property to be designated for environmental mitigation credits, or dedicated for open space for any related property development without prior written consent by Lessor. C. Lessor retains the right to install Communication conduits or facilities on Property and will restore ground surface and landscaping to its original condition in case of such an event. Lessee's use of Property shall comply with all applicable laws, ordinances and regulations. 7, 'H g07,'ON 099L LIZ U7, 1AS 11VIS3 IVIN OMN NrlgP:t im Z7, ueP Lease R. L. 1922 2_ AF f 4. RENT. The rent shall be $200.00 per year commencing March 1, 2001, payable in advance of the next rental term. 5. DETERMINATION OF FUTURE RENT. Lessor reserves the right to re-evaluate the rental rate no less than every five (5) years. 6• RENTAL PAYMENTS. All rental payments shall be made payable to: The Metropolitan Water District of Southern California Post Office Box 54153 Los Angeles, CA 90054-0153 Attention: Reimbursable Projects Section - R.L. 1922 Note: Lease R. L. 1922 shall be noted on the check and on the face of the envelope 7. LATE PAYMENT CHARGES. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include,.but are not limited to, processing and accounting charges. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor within 20 days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to ten percent of such overdue amount. In no event shall the late charge exceed the maximum allowable by law. The parties hereby agree that such late charge will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the otherrights and remedies granted hereunder. S. RETURNED CHECK CHARGE. Lessee shall pay to Lessor a fee of $100 for any checks returned, plus, Lessee trust pay to Lessor any and all other fees incurred with such return. If Lessee has two returned checks within any 12 -month period, Lessor shall not accept personal checks for any current or future payments due under this Lease. In this event, acceptable payment shall be in the form of cashier's check, money order, or cash delivered in person to Lessor's Accounts Receivable Section located at 700 North Alameda Street, Los Angeles, California 90012-2944, 9. TERMINATION. Violation of any term, covenant, condition or provision contained herein shall be cause for termination of the Lease, unless corrected within ten days after Lessor's written request to do so. In the event the Lease is terminated, there shall be no pro rata refund of any rent paid in advance for the remaining term. F, 'd 9197,'ON 0991 11l Eld OAS 31HIS3 IV3N 9Wd9E:t inu 'Z7,w . Lease R. L..1922 _3_ DRAFT 10 LOAD LIMITATION. If Lessee plans to use any equipment or engage in any activity on Property which will impose loads greater than AASHTO H-20, Lessee shall submit the specifications of such equipment for review and written approval by Lessor five working days prior to its use. 11. IMPROVEMENTS, Lessee shall not place any improvements or otherwise modify the grade of the Property without express written permission of Lessor. 12. REMOVAL OF IMPROVEMENTS. All improvements placed on Property by Lessee shall be the personal property of Lessee and shall be removed by Lessee from Property by the last day of the Lease; provided, further, Lessor may keep, or dispose of at Lessee's expense, any real or personal property not so removed. 13. VACATING THE PROPERTY. At the expiration of the term, or at any sooner termination of this Lease, Lessee shall quit and surrender possession of Property and its appurtenances to Lessor in as good order and condition as Property was delivered to Lessee, reasonable wear and tear and damage by the elements excepted. 14. MAINTENANCE, Lessee shall, at its sole cost and expense, keep Property free of noxious weeds and trash, and shall comply with all applicable laws and regulations concerning the use of Property. 15. HAZARDOUS SUBSTANCES. For purposes of this Lease, the term "Hazardous Substances" means: (a) any substance, product, waste, or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the Resources Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the Hazardous Materials Transportation Conservation and Recovery Act, 42 United States Code Section 1801 et seq.; the Resources Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the California Hazardous Substance Account Act, Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California Porter -Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended (the above-cited California state statutes are hereinafter collectively referred to as "the State Toxic Substances Laws"); 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 Substance, now or at any time hereafter in effect; (b) any substance, n •a 0107*ON Ml 117 f.17 IAS IlVlgl IHaH ON NdgP:b 1007. 7.7•UPr Lease R. L. 1922 -4- aRatU T product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (c) petroleum or crude oil, other than petroleum and petroleum products which are contained within regularly operated motor vehicles; and (d) asbestos. a. Lessor warrants and represents that as of the date hereof there are no Hazardous Substances in or about Property and that Property and improvements thereon do not violate any applicable Federal, State or local statutes, ordinances, regulations, rules or other requirements, and that there is not presently pending any proceeding before any Federal, State or local tribunal or agency, the outcome of which would diminish or preclude Lessee's.use of Property as permitted under the terms of this Lease. Except as so provided, Lessor makes no warranty or representation whatsoever concerning Property, including without limitation, the condition, fitness or utility for any purpose thereof, any improvements thereto or personal property located thereon, or compliance thereof with applicable laws, ordinances or governmental regulations; and the Lessee's right to use Property is strictly on an "as is," basis with all faults; and Lessor hereby disclaims all other warranties whatsoever, express or implied, the condition of the soil (or water), geology, and any warranty of merchantability or habitability or fitness for a particular purpose. b. Except as otherwise specifically permitted under the terms of this Lease, Lessee shall not use, create, store or allow any Hazardous Substances on Property. fltel and other Hazardous Substances stored in a motor vehicle for the exclusive operation of such vehicle and storage batteries used for emergency power are excepted. C. Yn no case shall Lessee cause or allow the deposit or disposal of any such Hazardous Substances on Property. d. No underground storage tanks shall be installed on Property. e. Lessor or its officers, employees, contractors, or agents shall at all times have the right to go upon and inspect Property and the operations conducted thereon to assure compliance with the requirements herein stated. This inspection may include taking samples for chemical analysis of substances and materials present and/or testing soils on Property and taking photographs. f. Lessee shall, within a reasonable time, either prior to the release by Lessee or following the discovery by Lessee of the presence of, or believed presence of, a Hazardous Substance as defined herein, give written notice to Lessor in the event that Lessee knows or has reasonable cause to believe that any release of a Hazardous Substance has come or will come to be located on or beneath the subject Property. The failure to disclose in a timely manner the release of either a material amount of Hazardous Substance or an amount which is required to be reported to a state or local agency Q •� CMION MI 117 E17 IAq 3IM3 IVIN OMW WdlE:t Inn7 7,7*uer Lease R. L. 1922 1?*-!F4 -S- pursuant to law (e.g., California's Hazardous Materials Storage and Emergency Response Act, Health and Safety Code Section 25550 et seq.) may subject Lessee to a default under this Lease in addition to actual damages and other remedies provided by law, Lessee shall immediately clean up and completely remove all Hazardous Substances placed by Lessee on Property, in a manner that is in all respects safe and in accordance with all applicable laws, rules and regulations. g. Lessee shall disclose to Lessor the specific information regarding Lessee's disposal of any Hazardous Substances placed on Property by Lessee and provide written documentation of its safe and legal disposal. h. Breach of any of these covenants, terms, and conditions shall give Lessor the authority to immediately terminate this Lease and/or to shut down Lessee's operations thereon, pending rectification of the breach, in which case, Lessee will continue to be liable under this Lease to remove, and mitigate all Hazardous Substances placed by Lessee on Property. Lessee shall be responsible for, and bear the entire cost of removal and disposal of all Hazardous Substances introduced to the Property by Lessee during Lessee's period of use and possession of Property.. Lessor may pass through to Lessee any and all costs of removal and mitigation of Hazardous Substances incurred by Lessor as a result of Lessee's activities on Property. Notwithstanding the foregoing, Lessee shall be responsible for any removal mitigation or decontamination, on or off Property necessitated by the presence of such Hazardous Substances placed on Property by Lessee. Upon termination of this Lease, Lessee is required, in accordance with all laws, to remove from Property any equipment or improvements placed on Property by Lessee that could be contaminated by Hazardous Substances. i. Lessee shall defend, indemnify and hold Lessor and its officers, employees, contractors or agents harmless from any claims, liability, injury, damage, costs, or expenses (including, without limitation, the cost of attorneys' fees) arising as a result of the presence or use of any Hazardous Substances caused to be placed by the Lessee on Property during the tern of this Lease. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107, subdivision (e) of CERCLA, 42 United States Code Section 9607, subdivision (e), and to California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify Lessor from any liability created by the Lessee pursuant to such sections. I HAVE READ AND UNDERSTAND PARAGRAPH IS HAZARDOUS SUBSTANCES. Lessee's Initials 4 '� CIQZ oN M/ lid N7 1AS IIHISa IV?N OMW Ndlp,:t Inn7 77•uer ry: tD Lease R. L. 1922 16. ACCESS. Lessee shall provide and maintain uninterrupted vehicular access in and across Property to Lessor and its employees, agents and contractors. Lessee shall provide a means for Lessor to place its locks on gates. 17. ENTRY 13Y OWNER. Lessee shall permit Lessor to enter upon Property at any reasonable time for the inspection thereof, or at any time in connection with any work, which may be required thereon, and Lessor shall not be liable for any damage to Lessee's personal property in the course thereof, 18. PREVIOUS LEASES. In the event there is any existing lease between Lessee and Lessor (or its predecessor -in -interest) covering Property, it is agreed and understood that this Lease shall cancel, supersede and terminate said prior lease as of the effective date of this Lease. 19, ASSIGNMENT OR SUBLETTING. Lessee shall not assign this Lease, nor sublet Property, without the prior written consent of Lessor, and a consent by Lessor to one assignment shall not be deemed to be a consent to any subsequent assignment or subletting. Any assignment or subletting without the written consent of Lessor shall be void and shall, at the option of Lessor, terminate this Lease. 20. TAXES, The possessory property interest created by this Lease may be subject to property taxation, and Lessee may be subject to the payment of property taxes levied on such interest by the County. Lessee is required to pay any such tax directly to the County. 21. MECIIAMCS' LIENS. Lessee shall keep Property free from any liens arising out of any work performed, material furnished, or obligations incurred by Lessee, or any tenant or subtenartt thereof. 22. WAIVER The waiver by Lessor or Lessee of any breach of any term, covenant, condition or provision, hereinafter referred to as Terms, contained herein, shall not be deemed to be a waiver of such Terms of any subsequent breach of the same or any other Terms contained herein. The subsequent acceptance of rent by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any Terms of this Lease, other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent. 23. ATTORNEYS' PEES. The prevailing party in any action brought by either party hereto, based on any claim arising under this Lease, shall be entitled to reasonable attorneys' and/or consultants' fees. 24. LIABILITY INSURANCE. Lessee has famished insurance in the minimum amount of $2,000,000.00 (Two Million Dollars) in accordance with the Certificate of Insurance attached hereto as Exhibit "C." A review of the insurance coverage will be made every year in order to adjust the coverage to be commensurate with the appropriate insurance coverage existing L 'd 9191'ON 099L LH £Il SAS 31V1S3 1V3a 4AW Nd££:V 1002 'll'Uef Lease R. L. 1922 for similar type leaseholds at the time of review. Failure to maintain a current Certificate of Insurance on file with Lessor evidencing such insurance shall be cause for termination, Said insurance shall meet the following criteria: a. Remain in effect throughout the tern of this Lease and any renewals thereof, b. Name Lessor as additional insured, C. Shall obligate the insurance carrier to provide not less than a 30 -day notice of cancellation or material change to Lessor affecting the coverage of the policies. 25. ASSUMPTION OF RISK AND INDEMNITY. Lessee assumes all risk of loss to itself, which in any manner may arise out of the use of Property trader this Lease. Further, Lessee hereby agrees to indemnify and defend Lessor and its directors, officers, and employees against any liability and expense, including the reasonable expense of legal representation whether by special counsel or by Lessor's staff attorneys, resulting from injury to or death of any person, or damage to any property, including property of Lessor, or damage to any other interest of Lessor, including, but not limited to, suit alleging noncompliance with any statute or regulation which in any manner may arise out of the issuing of this Lease, or use by Lessee of Property, or any adjoining land used with Property. 26. AMENDMENTS. The provisions of this Lease may be amended by mutual written consent of the parties hereto. 27. SECURITY DEPOSIT. Lessee shall not be required to make any type of security deposit with Lessor, 28. NO RELOCATION ASSrSTANCE. Lessee acknowledges that Lessee is not entitled to relocation assistance or any other benefits under the Uniform Relocation Assistance Act or any other applicable provision of law upon termination of this Lease. 29. This paragraph intentionally left blank. 30. LN—E. Time is of the essence of this Lease. 31. NOTICES. a. All notices, certification of insurance, and or demands required or permitted to be given to Lessor hereunder shall conspicuously bear the legend, "NOTICE UNDER Foothill F/Santa Clara Valle Pi eline and Santa Clary River Spillway LEASE R.L. No. 1922" and on the notice itself and on the envelope containing the notice, shall, until contrary instructions are given to Lessee in writing, be 8 'd 919d'ON 0991 tH 8Il SAS 31VIS3 1V3d 0MW WdM t loon •ZZ*Utr Lease R. L. 1922 411 effectively given to Lessor when delivered simultaneously by hand or mailed by registered or certified mail, return receipt requested, to Lessor, Acwndoa: ,asset cVfanagement The Metropolitan Water District of Southern California P.Q. Box 54153 Los Angeles, CA 90054-0153, NOTICE UNDER Foothill Feeder/Santa Clara Valley Pi2eHaLMjd Santa Clara River Spillway b. All notices and/or demands required or permitted to be given to Lessee shall conspicuously bear the following: Lessee: City of Santa Clarita 23920 Valencia, Suite 120 Santa Clarita, CA 91355-2196 Attention: W. Wayne Weber, Park Superintendent Telephone: (661) 286-4026 City Attorneys: Carl Newton, Esquire Burke, Williams, and Sorensen 611 West Sixth Street, Suite 2500 Los Angeles, CA 90017 Telephone: (213) 236-0600 32. BURDEN OF RESTORATION. In the event Lessor needs to excavate the ground surface to repair, replace, restore the existing pipe or install a second pipe, Lessee assumes all cost and burden for replacing the landscaping and improvements over the ground surface. 6 'd 9191'ON 099L LIZ Eli OAS 31VIS3 1V38 OAN WdSt:t 1004 'aa'Uer Lease R. L. 1922 Date Executed: Lessor's Mailing Address: Post Office Box 54153 Los Angeles, CA 90054-0153 Attention: Asset Management Telephone: (213) 217-7576 Date Executed: Lessee's Mailing Address: 23920 Valencia, Suite 300 Santa Clarita, CA' 91355-2196 Telephone: (66.1) 255-4352 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Ronald R. Gasteium General Manager Roy L. Wolfe Manager, Corporate Resources Lessor CITY OF SANTA CLARITA, CALIFORNIA Date- City Manager of the City of Santa Clarita George Caravalho Attest: Date City Clerk of the City of Santa Clarita Sharon Dawson Approved as to Form: Date City Attorney of the City of Santa Clarity Carl Newton Lessee PCN/sdf s:\pmpmnSAWAJ51?,Sum Clarity PA Lease.doc s/wordshar/9hdWdoc/sdtD055 ni •a 0107.0KI ntq/ 117 C17 1AS aIHISa IVIN (IMW NdRP:t IRV 'Z7,Uer ORIGINAL Tn TT CIA" LEGAL DESCRIPTION Exhibit "A" Page 1 of 1 PROPOSED BRIDGEPORT PARK IN METROPOLITAN WATER DISTRICT FEE PROPERTY THAT PORTION OF THE RANCHO SAN FRANCISCO, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 1 PAGES 521 AND 522, OF PATENTS, RECORDS OF SAID COUNTY LYING WITHIN THAT CERTAIN REAL PROPERTY CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA BY DEED RECORDED JULY 9', 1973 AS INSTRUMENT NO. 125, OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY, THE NORTHEASTERLY AND SOUTHWESTERLY LINES OF SAID CERTAIN REAL PROPERTY ARE SHOWN ON SHEET 28 OF MAP OF TRACT NO. 51931-02 FILED IN BOOK 1238 PAGES 30 TO 61, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY BOUNDED AS FOLLOWS: BOUNDED ON THE NORTH BY THE SOUTHERLY LINE OF NEWHALL RANCH ROAD AS SHOWN ON SAID SHEET 28 AND BOUNDED ON THE SOUTH BY THE NORTHERLY LINE OF FUTURE BRIDGEPORT LANE, 64.00 FEET WIDE, SHOWN AS TO BE RESERVED IN DOCUMENTS ON SAID SHEET 28. :II.�,wb.aqIq7.oN 0g91 Lld Ell OAS 31V1S3 1V3d UN NdWt 10V 'N'Uef SCALE: 1"=150' EXHIBIT "B" PAGE I OF 1 MAP TO ACCOMPANY LEGAL DESCRIPTION RANCHO SAN FRANCISCO, PATENTS 1 — 521 — 522 CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATc OF CALIFOFNLA BASIS OF BEARINGS: TRACT NO, 51931-02 M.B.1238-30-451 I NEWHALL 11-3--00 DATE REF: TRACT N0. ' 51931-02 M.B. 1238-30-61 UNE TA9LE UNE I BEARING ILENGTH L1 SSS.59'53-W I 49.82 L2 N7TI6'37-e 18.16 RANCH SVAD ENGINEERING ASSOCIATES i 15230 BURBANK BLVD, VAN RM CA /survey/5i931-02/dxt" a/dwg/LM02AMC VICINITY MAP ROAD ct c2AW CURVE TABLE CURVE RADKJS DELTA LENAIH Ci 256.29' 709 45 32.04 C2 1 256.29' 7M9'45- 32.04' C3 1 382.00 22'03 55 147.11- SVAD ENGINEERING ASSOCIATES i 15230 BURBANK BLVD, VAN RM CA /survey/5i931-02/dxt" a/dwg/LM02AMC VICINITY MAP ROAD ct c2AW t!m "jam %�Z+". Jost st lip% -i 1% y v Lr �< •p'. mW n0 ps ?�'*77 cL'J S`✓� a 0 y2 i � fyi= OF SOUTHERN CALIFORNIA FOOTHILL FEEDER PROPOSED BRIDGEPORT PARK 1600-13-1 (PTN.) N.T.S I PARK SITE AREA 5.41 ACRES I ------dl 'd---9191'ON 099L LIZ £IZ SAS 31tl1S3 1V38 LAN—Ud :t —loot 'ZZ'uer