HomeMy WebLinkAbout2010-02-23 - AGENDA REPORTS - APPROVAL CELLULAR EQIPMENT SCE (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT
Agenda Item:
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
February 23, 2010
C
APPROVAL OF THE LICENSE AGREEMENT REGARDING THE
INSTALLATION OF CELLULAR COMMUNICATIONS
EQUIPMENT ON SOUTHERN CALIFORNIA EDISON UTILITY
EASEMENT LOCATED ON CITY -OWNED PROPERTY
Parks, Recreation, and Community Services
RECOMMENDED ACTION
City Council approve the License Agreement with T -Mobile West Corporation and Southern
California Edison.
Increase estimated revenues for Fiscal Year 2009-10 by $4,000 in the General Fund, account
100-4012.004 (Franchise Agreements - Other); and appropriate $4,000 one time to expenditure
account 14502-5161.002.
Approve an ongoing revenue adjustment in the amount of $12,000 to General Fund account
100-4012.004 (Franchise Agreements - Other).
Approve an ongoing base budget adjustment in the amount of $12,000 in expenditure account
14502-5161.002.
Authorize the City Manager, or designee, to execute all documents, subject to City Attorney
approval.
BACKGROUND
The City of Santa Clarita owns several parcels along the south fork of the Santa Clara River. The
property includes an improved trail and an open space area which is encumbered with an
easement for overhead transmission lines owned by Southern California Edison (SCE). SCE
APPROVE
D
approached the City with a proposal to utilize their existing tower structures for cellular
communication devices by third parties, referred to as "carriers." This License Agreement is with
the carrier T -Mobile West Corporation. Under the terms of the proposed License Agreement,
both the City and SCE will receive $1,000 each per month in revenue for use of the site and a one
time administrative fee of $2,000. The License Agreement term is for five years , with three
renewal options of five years each. In addition to the equipment that will be attached to the
existing tower structures, two small concrete block buildings will be constructed within SCE's
right-of-way area to house the required communication facility. Installation these types of
cellular communication devices is expected to enhance wireless communication throughout the
area.
This project was presented to the Planning Commission on February 16, 2010, Master
Case 08-092, Conditional Use Permit 08-010, with Final Conditions of Approval issued by the
City's Community Development Department's, Planning Division.
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
Increase in estimated revenues for the current fiscal year is $4,000, and $12,000 in annual
revenues going forward.
ATTACHMENTS
Site Plan and Elevations
License Agreement
0
3
ofLLI
O
a
g
7o
o ,ono
n
o
9z>
w
g
s w cn
vi
4
0
3
I II
R
I II
I II
I II
I II
a
SO
Z g
1 o
IL
N
N~ O 8 0
N p
w� Oggg
m
w e
o p
N
�N TaUQ
o
w
w OD
IL i
U II
F
L)N
I
I
m W
I/
III
III
_
� III
e III
III
III
J
J1
U
SO
II
I
I
I � I
I I
I I
I I
I I a I
I �
I
1 o
N
N
m
O
0
K N
0
o
w
W
Cn
U II
\ I
1 I
I
I
F
I/
1
I
1
I
d
_
I
J
J1
U
SO
II
I
I
I � I
I I
I I
I I
I I a I
I �
I
1 o
N
w
N
z
Z
w
Y'- Y
tl -
v
l /
�a
tl N
O
_ b
1 ¢ II
R.
v
1 _
I/
y
1
_
Y
Y �
R.
5
R
LICENSE AGREEMENT BETWEEN THE
CITY OF SANTA CLARITA, SOUTHERN CALIFORNIA EDISON COMPANY AND
T -MOBILE WEST CORPORATION
Contract No. —
THIS LICENSE AGREEMENT ("Agreement") is made and executed this day of
20_, between CITY OF SANTA CLARITA, a municipal corporation and general
law city, and successor -in -interest to Newhall Land and Farming Company, a California limited
partnership ("City"), SOUTHERN CALIFORNIA EDISON COMPANY, a California
corporation, ("SCE"), and T -MOBILE WEST CORPORATION, a Delaware corporation
("Carrier").
1. RECITALS. This License Agreement is made with reference to the following facts and
objectives:
A. City (as successor -in -interest pursuant to that certain approved "River Village
Development", adopted by the Santa Clarita City Council per Resolutions 05-56 and 05-57 under
Master Case 02-175), is the owner of that certain property located in the County of Los Angeles,
State of California, identified as Assessor's Parcel Number 2860-018-014 & 2860-014-064, as
more particularly described in Exhibit "A" attached hereto (the "Property").
B. SCE is the owner of an easement and right of way for electrical transmission and
communication purposes, which encumbers all, or a part of the Property pursuant to that certain
"Agreement" dated January.28, 1966, by and between SCE as "Grantee" therein and The
Newhall Land and Farming Company, a California corporation as "Grantor" therein, and
recorded on January 28, 1966, in Book M-2110, Page 675, as Instrument No. 4279 of the
Official Records in the Office of the County Recorder of Los Angeles County, State of
California, a copy of which is attached hereto as Exhibit "B" ("Easement"). Nothing in this
Agreement shall limit, modify, or degrade SCE's rights under the Easement.
C. SCE has constructed, among other facilities, electric transmission towers and/or
poles within the Easement (the "Electric Facilities").
D. Carrier is a provider of communication services which require the transmission
and reception of radio communication signals on various frequencies.
E. In furtherance of the provision of communication services, Carrier desires to
install the communication equipment ("Carrier's Equipment") on the Electric Facilities as
generally depicted and more specifically described in Exhibit "C", which is attached hereto.
F. SCE and Carrier have entered into that certain Master Agreement dated
October 11, 2001, as amended and that certain Standard Agreement No. 230 (the "Standard
Agreement") (the Master Agreement and the Standard Agreement are sometimes hereinafter
collectively referred to as the "Master Agreement"), the terms of which govern Carrier's
installation of Carrier's Equipment. Except as otherwise provided in Section 17.E below of this
Agreement, in the event of any conflict between the terms or conditions of the Master Agreement
Site #: SV 11040A Page 1 of 17
Site Name: SCE Pardee -Sylmar M2 -T5
Market: Los Angeles North
7
and this Agreement, the Master Agreement shall govern only as to the rights and obligations of
SCE and Carrier and, shall not affect the rights and obligations of City under this Agreement.
G. City is willing (i) to permit Carrier to install, operate and maintain Carrier's
Equipment (as shown in Exhibit C), and (ii) to permit SCE to allow Carrier to install, operate and
maintain Carrier's Equipment, subject to the additional terms and conditions set forth within
Exhibit "D", "Master Case No. 08-092, Conditional Use Permit 08-010, Final Conditions of
Approval" as issued by the City of Santa Clarita's Community Development Department,
Planning Division.
NOW THEREFORE, in consideration of the above referenced facts, the covenants of the
Parties contained in this Agreement and for other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
2. LICENSE; DESCRIPTION OF PROPERTY. City hereby issues a license to SCE and
Carrier for the purposes enumerated in Recital G above, together with the right to access the SCE
Easement from a public right of way at the designated locations and install utilities necessary to
operate Carrier's Equipment, all as generally depicted on Exhibit "C" attached hereto and made a
part hereof (collectively, the "Site") to use, on the terms and conditions of this Agreement,
portions of real property identified in Exhibit "A" ("Property"), which is attached hereto and
incorporated by reference.
3. TERM. The initial term of this Agreement ("Term's shall be five (5) years commencing
on the earlier of the following two (2) dates (the "Commencement Date': (i) the first day of the
month, following written notice to City by Carrier of Carrier's intent to- commence construction
of Carrier's Equipment on the Site; or (ii) the date which is twelve (12) months after the
Execution Date. SCE shall have the right to extend the Term of this Agreement for three (3)
additional five (5) year terms (each, a "Renewal Term', on the same terms and conditions
contained herein. This Agreement shall automatically be extended for each successive Renewal
Term unless SCE notifies City in writing of SCE's intention not to extend this Agreement at least
sixty (60) days prior to the expiration of the Term or the then current Renewal Term. This
Agreement shall not be revocable and may not be terminated except as otherwise expressly
provided herein.
4. CONDITIONS PRECEDENT. The effectiveness of this. Agreement and each party's
rights and obligations hereunder are subject to and expressly conditioned upon approval of the
Santa Clarita Planning Commission and Santa Clarita City Council in addition to Carrier having
and maintaining throughout the "Term" and each "Renewal Term" (as such terms are defined in
Section 3 above), of this Agreement: (i) a license, from the Federal Communications
Commission ("FCC"); and (ii) any and all necessary certificates, permits, approvals, licenses,
reviews or inspections (collectively, the "Development Approvals"), required by or from any
local, state or federal agency, municipality, department, commission, bureau or instrumentality
of any of the foregoing having jurisdiction over the Property (each, a "Government Agency"), in
connection with the construction and operation of Carrier's Equipment on the Site. City shall
cooperate with Carrier as reasonably necessary to assist Carrier in obtaining such Development
Approvals.
Site #: SV 11040A Page 2 of 17
Site Name: SCE Pardee -Sylmar M2 -T5
Market: Los Angeles North
a
5. LICENSE FEE.
A. Payment. City and Carrier agree that, within thirty (30) days of the
Commencement Date, and on the first of every month thereafter during the Term and each
Renewal Term (each, a "Payment Date"), Carrier shall pay City a monthly license fee in the
amount of One Thousand and 00/100 Dollars ($1,000.00) (the "License Fee"), adjusted in
accordance with Section 5.0 below.
B. License Review / Administrative Fee: Fee of $2,000.00 to be payable to City by
Carrier within thirty (30) days of the full execution of this Agreement ("Execution Date"), and at
any other time that Carrier requests to expand the permitted use under this Agreement.
C. CPI Adjustment — City and Carrier agree that the License Fee shall be adjusted
annually on the first anniversary of the Commencement Date, and on every anniversary of the
Commencement Date thereafter, by applying the CPI Formula set forth below. The "Basic
Index" shall be the Index (as defined in Section 5, paragraph D) published for the month the
License commences.
D. CPI Formula. The Index means the Consumer Price Index for all Urban
Consumers for the Los Angeles -Riverside -Orange County, CA area, all items published by the
United States Department of Labor, Bureau of Labor Statistics (1982-84=100). The "CPI
Formula" means the initial License Fee multiplied by a fraction, the numerator being the Index
published for the month immediately preceding the month the adjustment is to be effective, and
the denominator being the Index published for the month the License commenced. If the Index
is changed so that the Index differs from that used as of the Commencement Date of the License
Agreement, the Index shall be converted in accordance with the conversion factor published by
the United States Department of Labor, bureau of Labor Statistics. If the Index is discontinued
or revised during the Term of this License, such other governmental Index or computation with
which it is replaced shall be used in order to obtain substantially the same results as would be
obtained if the Index had not been discontinued or revised.
E. Illustration of Formula. The formula for determining the new license fee shall be
as follows: (New Index / Base Index) * License Fee = New Monthly License Fee.
F. In no event shall the monthly rent be adjusted by the CPI formula to result in a
lower monthly License Fee than was payable during the previous year of the License Agreement.
6. IMPROVEMENTS.
A. During the Term or any Renewal Term, Carrier and SCE shall have the right, at
no cost to City, to construct, maintain and operate on the Site Carrier's Equipment as described
or substantially similar to that Equipment described in Exhibit "C." Carrier shall be responsible
for maintaining the exterior of Carrier's Equipment in good and safe condition in compliance
with all Governmental Requirements. After initial installation, Carrier shall not materially alter
or change the outward appearance of Carrier's Equipment when viewed from the ground without
the prior approval of City. City may prohibit such exterior changes if the changes would
materially degrade the appearance of Carrier's Equipment or the surrounding landscaping.
Site #: SV 11040A Page 3 of 17
Site Name: SCE Pardee -Sylmar M2 -T5
Market: Los Angeles North
1
Except for aesthetic considerations, approval shall not be unreasonably withheld, conditioned or
delayed.
B. All of Carrier's construction and installation work shall be accomplished in a
good and workmanlike manner, and shall be performed at Carrier's sole cost and expense.
Carrier shall have the right to install utilities at Carrier's expense and to improve the present
utilities on or near the Property (including, but not limited to the installation of.an emergency
back-up power) subject to City's approval of the location, which approval shall not be
unreasonably withheld, conditioned or delayed. Title to Carrier's Equipment shall be held by
SCE and/or Carrier. Carrier shall have the right to place utilities on the Property in order to
service the Site and Carrier's Equipment. Carrier will keep the property free from any liens
arising out of any work performed, material furnished, or obligations incurred by Carrier.
C. Within sixty_ (60) days following the cancellation, expiration or earlier termination
of this Agreement, SCE and/or Carrier shall remove, at no cost to City, all of Carrier's
Equipment placed on the Site and the Electric Facilities and demolish and remove all foundations
to three (3) feet below grade level, fill all excavations, return the surface to grade, and leave the
Site in a neat and safe condition, free from any debris or hazards (reasonable wear and tear and
damages due to causes beyond the control or without the fault or neglect of SCE and/or Carrier
excepted).
D. Installation of Equipment. Prior, to submitting application for land use approval
(including any required submission of fees) Carrier shall first obtain City's prior written approval
of Carrier's plans for Carrier's Equipment ("Plans"). City shall give such approval or provide
Carrier with City's requests for changes within twenty (20) days of City's receipt of the Plans. If
City does not respond to . Carrier's request for approval within twenty (20) days, Carrier's
intended use shall be deemed approved. City shall not be entitled to receive any additional
consideration in exchange for giving its approval. Upon City's expressed or deemed approval of
the Plans, Carrier shall be entitled.to process its application with City for land use permit or
Conditional Use Permit ("CUP") and, if successful, for subsequent construction of Carrier's
Equipment on the Site, as contemplated by Carrier, in accordance with the Plans and as approved
by separate CUP process. In no event shall City's written or deemed approval of Carrier's
equipment installation plans be construed as approval of Carrier's CUP.
E. Within thirty (30) days after completion of construction, Carrier shall provide the
City "as built" drawings of Carrier's Equipment and any other improvements installed on the
Property, which show the actual location of all equipment and improvements.
F. Carrier shall fully and promptly pay for all utilities furnished to the Site for its use
throughout the Term and' any Renewal Term, and all other costs and expenses incurred by
Carrier in connection with Carrier's use, operation and maintenance of the Site.
G. If Carrier's Equipment is vandalized or marked with graffiti or other inscription,
Carrier, at its sole expense, shall repair the damaged property within forty-eight (48) hours after
receipt of written request by City to do so. City has no responsibility for the protection of
Carrier's property from acts of vandalism by third parties. If Carrier does not respond and clear
Site #: SV 11040A Page 4 of 17
Site Name: SCE Pardee -Sylmar M2 -T5
Market: Los Angeles North
10
vandalism or graffiti within forty-eight (48) hours on more than ten (10) incidents within a
calendar year, City will require a performance bond from Carrier.
7. ACCESS.
A. Carrier shall have the right, but not the obligation, to enter the Site prior to the
Commencement Date, for the purpose of making engineering surveys, inspections and tests, to
determine the suitability of the Site for Carrier's Equipment. During any such pre -construction
evaluation and any subsequent entry onto the Property during the Term or any Renewal Term of
this Agreement, Carrier shall: (i) have insurance as set forth in Section 27 below; (ii) notify City
of any proposed construction work; and (iii) coordinate the scheduling of same with SCE. If
Carrier determines that the Site is unsuitable for Carrier's contemplated use, then Carrier will
notify City and this Agreement shall terminate in accordance with Section 17.B below.
B. City shall provide to SCE and Carrier, and their employees, agents and
subcontractors reasonable access to the Site between the hours of 7:00 am and 7:00 pm, seven
(7) days a week, at no additional charge. Carrier may access the Site at any time in emergency
circumstances. City represents and warrants it has full rights of ingress and egress to the Site,
and hereby grants such rights to SCE and Carrier to the extent required to construct, maintain, .
remove, repair, replace, install and operate Carrier's Equipment.
8. INTERFERENCE.
A. Carrier shall operate Carrier's Equipment in a manner that will not cause signal
interference to communication equipment operated by City and other previously authorized users
of the Site, as such equipment is configured as of the Execution Date. Any communication
system operations, operating in the same manner as of the time of installation of Carrier's
Equipment, shall not be deemed interference to Carrier. In the event such signal interference
should occur, all costs to remedy the interference shall be borne by Carrier. All operations by
Carrier shall be in compliance with all federal, state and local non-interference regulations
including, but not limited to, those of the FCC.
B. Carrier shall provide initial proof of compliance with original transmission
tolerance and interference analysis by a certification through an independent radio frequency
engineer.
C. Except as otherwise set forth in Section &A above, subsequent to the Execution
Date of this Agreement, City shall not permit the use of the Site in a manner that interferes with
the communications operations of Carrier as described in Section 10 below. Typical residential
uses shall not be considered interfering uses under this Section 8, provided that such uses are in
compliance with all applicable laws and are consistent with the ordinary and intended purpose of
the device or appliance.
D. The parties acknowledge that any continuing interference to Carrier's
communication system operations will cause injury to Carrier and SCE, and therefore, Carrier
and SCE shall each have the right to bring action to enjoin such interference and/or terminate the
Agreement immediately upon notice to City.
Site #: SV 11040A Page 5 of 17
Site Name: SCE Pardee -Sylmar M2 -T5
Market: Los Angeles North
9. TAXES. This Agreement may create a taxable property interest in the Site. City shall
not be responsible for any personal property taxes, possessory interest taxes and assessments
attributable to Carrier's Equipment, levied by any legal authority as a result of this Agreement.
10. USE OF PROPERTY. Subject to the limitations listed below, Carrier may use the
Property for the provision of communication services, including the transmission and reception
of radio communication signals on various frequencies and the construction, maintenance and
operation of communication facilities and activities related thereto. City does not warrant or
guarantee the suitability of the Site for Carrier's intended use. Carrier agrees to obtain City's
written approval prior to commencing any new use of the Site.
11. UTILITIES. Carrier is responsible directly to the serving entities for all utilities
required for its use of the Property. "Utilities". means electricity, gas, telephone services, trash,
water and cable television, as well as any related installation, repair or other similar costs.
12. TRASH AND GARBAGE. Carrier will provide and pay all costs for the complete and
proper disposal and timely removal of all refuse resulting from Carrier's operations. Carrier and
SCE will provide and use appropriate covered receptacles for all refuse at the Property. Piling
boxes, cartons, barrels or other similar items in view of a public area will not be permitted.
Carrier and SCE are responsible for the proper disposal of its refuse in such a manner as not to
contaminate or restrict sewer lines.
13. Intentionally deleted.
14. POSSESSORY INTEREST TAXES. Carrier is informed by City,pursuant to Revenue
and Taxation Code § 107.6 that its property interest in the Property may be subject to property
taxation if created and that Carrier may be subject to the payment of property taxes levied on its
leasehold interest. Carrier may not deduct such amount from payments to City.
15. QUIET ENJOYMENT. City agrees that Carrier, upon making payments to be paid by
Carrier under the terms of this Agreement and upon observing and keeping the agreements and
each of the covenants of this Agreement will lawfully and quietly hold, occupy, and enjoy the
Site during the term of this Agreement.
16. CITY'S LIMITED WARRANTY. City warrants that it is under no disability,
restriction or prohibition, whether contractual or otherwise, with respect to its right to execute
this Agreement and perform its terms and conditions and has the legal right, power and authority
to grant all of the rights granted herein.
17. TERMINATION. This Agreement may be terminated without further liability on thirty
(30) days prior written notice, as follows:,
A. By any party upon a default of any covenant, condition or term herein by any
other party, which default is not cured within thirty (30) days of receipt of written notice of
default. No default will be deemed to exist if the party claimed to be in default has commenced
to cure such default within such period and provided that such efforts are brought to completion
with reasonable diligence; or
Site #: SV I I040A Page 6 of 17
Site Name: SCE Pardee -Sylmar M2 -T5
Market: Los Angeles North
B. By SCE or Carrier after the Execution Date for any reason or for no reason,
provided the terminating party delivers written notice of early termination to City no later than
sixty (60) days prior to termination; or
C. By City, upon thirty (30) days written notice to Carrier, should the signal from
Carrier's Equipment materially interfere, as objectively determined by a qualified independent
engineer, with City's normal and customary operation and maintenance of its facilities in place
and as operating on the Commencement Date, provided, however, City has first given Carrier
written notice of such interference and Carrier is unable to correct or cease such interference
within thirty (30) days after receipt of written notice of such interference; or
D. Upon the Property being condemned.
E. Notwithstanding anything to the contrary in the Master Agreement or Standard
Agreement, Carrier and SCE agree that the Standard Agreement shall automatically terminate
upon termination of this Agreement.
18. CONDITION OF PROPERTY UPON TERMINATION. Upon termination of this
Agreement for any reason, Carrier will vacate the Site and deliver it to City in good order and
condition, damage by the elements, earthquake, and ordinary wear and tear and other casualty
not caused by Carrier excepted.
19. SALE OR TRANSFER BY -CITY. Should City, at any time during the term of this
Agreement, sell, lease, transfer, or otherwise convey all or any part of the Property to any
transferee other than Carrier, then such transfer will be under and subject.to this Agreement and
all of Carrier's rights hereunder.
20. CONDEMNATION. If all or part of the Property is acquired by eminent domain or
purchase in lieu thereof, Carrier acknowledges that it will have no claim to any compensation
awarded for the taking of the Property, except that Carrier shall be entitled to pursue its own
separate award and may recover for loss of or damage to Carrier's improvements, relocation
expenses and business interruption.
21. NO PUBLIC PROJECT. All rights given to Carrier pursuant to this Agreement are for
Carrier's use of the public property identified herein. Any trespass, use, or other utilization of
private property by Carrier is done at its own risk; Carrier is not an agent of City and this
Agreement is not intended, nor should it be construed, to constitute a public project.
22. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire,
flood, explosion, war, embargo, government action, civil or military, authority, the natural
elements, or other similar causes beyond the parties' control, no party will be or be deemed to be
in default or otherwise liable for any delay of its performance under this Agreement.
23. NO FIXTURES. Carrier's Equipment, existing as of the Commencement Date, as well
as any facilities subsequently constructed during the Term or any Renewal Term of this
Agreement, will not constitute fixtures attached to the Property. Any such facilities may be
removed by Carrier prior to or upon termination of this Agreement.
Site #: SV I I040A
Site Name: SCE Pardee -Sylmar M2 -T5
Market: Los Angeles North
Page 7 of 17
24. ASSIGNMENT AND SUBLETTING. SCE and Carrier shall not assign, sublet or
otherwise transfer all or any part of their interest in this Agreement, the Site or Carrier's
Equipment without the prior written consent of City, which shall not be unreasonably withheld,
conditioned or delayed; provided, however, SCE and Carrier may assign their interest in this
Agreement or in the Site without the prior consent of City to SCE and Carrier's parent
companies, any subsidiary or affiliate of the parent company or to any successor -in -interest or
entity acquiring fifty-one percent (51%) or more of SCE or Carrier's stock or assets. Any
assignment by SCE or Carrier is subject to any such assignee or transferee agreeing in writing to
assume and perform all of the terms and conditions of this Agreement on SCE's or Carrier's part
(as applicable), to be performed in which event all of SCE's or Carrier's, as the case may be,
obligations and future liabilities hereunder shall be discharged.
25. HOLDOVER. If Carrier holds possession of the Property after the Term or any
Renewal Term, Carrier will become a tenant from month-to-month at the fair market rental rate
per month. Such tenancy will be subject to all of the terms and conditions of this Agreement.
26. INDEMNIFICATION.
A. Carrier indemnifies and holds City harmless from and against any claim, action,
damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of
this Agreement, or its performance, except for City's active negligence. Should City be named
in any suit, or should any claim be against it, by suit or otherwise, whether the same be
groundless or not, arising out of this Agreement, or its performance, pursuant to this Agreement,
Carrier will defend City (at City's request and with counsel satisfactory to City) and will
indemnify it for any judgment rendered against it or any sums paid out in settlement or
otherwise.
B. For purposes of this section "City" includes City's officers, officials, employees,
agents, representatives, and volunteers.
C. Carrier expressly agrees that this hold harmless and indemnification provision is
intended to be as broad and inclusive as is permitted by the law of the State of California and that
if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full
legal force and effect.
D. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage to be
maintained by Carrier as required by Section 27 below, and any approval of such insurance by
City, are not intended to and will not in any manner limit or qualify the liabilities and obligations
otherwise assumed by Carrier pursuant to this Agreement, including but not limited to the
provisions concerning indemnification.
27. INSURANCE. Carrier must procure and maintain insurance of the type, for the period,
with the coverages and limits, and in accordance with the terms, conditions, and requirements
that follow:
Site #: SV l 1040A Page 8 of 17
Site Name: SCE Pardee -Sylmar M2 -T5
Market: Los Angeles North
/y
A. Carrier will provide Commercial General Liability, Broad Foran General Liability,
and Business Automobile Liability insurance that meet or exceed the requirement of ISO Forms
GL0002, GL0404 and CA0001, Code 1, respectively, in the most current State of California
approved forms, in connection with Carrier's performance in the amount of not less than
$1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property
damage for each policy coverage.
B. Commercial General Liability, Broad Form General Liability and Business
Automobile Liability policies required in this Agreement will be endorsed to name City, its
officials, volunteers, and employees as "additional insureds" under said insurance coverage, to
state that such insurance will be deemed "primary" as to Carrier's negligence such that any other
insurance that may be carried by City will be excess thereto, and to state that the policy(ies) will
not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City.
C. Carrier will furnish to City a certificate of insurance, duly authenticated,
evidencing maintenance of the insurance required under this Agreement. Insurance must be
placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of
"A -:VII."
28. SAFETY AND ENVIRONMENTAL PROTECTION. . Carrier and Carrier's
employees, representatives, affiliates, invitees, agents, consultants, contractors and
subcontractors (collectively, "Carrier's Related Pardes'l, shall operate and maintain Carrier's,
Equipment so as to avoid injury or damage to any person or property due to the acts or omissions
of Carrier and Carrier's Related Parties. In carrying out its work, Carrier and Carrier's Related
Parties shall at all times, exercise all necessary precautions for the safety and environmental
protection of Site, and be in compliance with all federal, state and local statutory and regulatory
requirements including those of the State of California, Division of Industrial Relations
(Cal/OSHA), Cal/EPA, US/EPA and the U.S. Department of Transportation.
Carrier and Carrier's Related Parties shall not use the Site to generate, manufacture,
refine, transport, treat, store, handle, recycle, release or dispose of any "Hazardous Materials",
other than as reasonably necessary for the Parties' activities under this Agreement. For purposes
of this Agreement, the term "Hazardous Materials" means any hazardous substance, material or
waste, including but not limited to those listed in 49 CFR 172.101 (U.S. Department of
Transportation), the Cal/EPA Chemical Lists of lists or petroleum products and their derivatives.
However, this shall not apply to the use of petroleum products and related substances incidental
to operation of motorized equipment and vehicles whose operation on the Site is contemplated
by this Agreement.
Carrier shall immediately notify City in writing upon becoming aware of any release of
Hazardous Materials, violation of any environmental law or actions brought by third parties
against the Carrier alleging environmental damage. Carrier shall post a sign consistent with
applicable laws or regulations for wireless communication facilities, permanently affixed to
Carrier's Equipment, which identifies the responsible party to notify in case of emergency or
maintenance.
Site #: SV 11040A Page 9 0£ 17
Site Name: SCP Pardee-SylmarM2-T5
Market: Los Angeles North
1�
To the best of City's knowledge, neither City nor, to City's knowledge, any third party,
used, generated, stored, treated or disposed of any Hazardous Materials (as such term is defined
in this Section 28), on the Property.
29. COMPLIANCE WITH LAW. Carrier will, at its sole cost and expense, comply with
all of the requirements of all federal, state, and local authorities now in force, or which may
hereafter be in force, pertaining to the Carrier's Equipment and will faithfully observe in the use
of the Site all applicable laws. The judgment of any court of competent jurisdiction that Carrier
has violated any such ordinance or statute in the use of the Property will be conclusive of that
fact as between City and Carrier.
30. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this
Agreement will not constitute a waiver of any further breach of the same or other term of this
Agreement.
31. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession
of all or substantially all of the assets of Carrier, or a general assignment by Carrier for the
benefit of creditors, or any action taken or offered by Carrier under any insolvency or bankruptcy
action, will constitute a breach of this Agreement by Carrier, and in such event this Agreement
will automatically cease and terminate.
32. NOTICES. Except as otherwise expressly provided by law, all notices or other
communications required or permitted by this Agreement or by law to be served on or given to
either party to this Agreement by the other party will be in writing and will be deemed served
when personally delivered to the party to whom they are directed, or in lieu of the personal
service, upon deposit in the United States mail, certified or registered mail, return receipt
requested, postage prepaid, or sent via a nationally recognized courier, addressed to:
Cw
City of Santa Clarita
23920 Valencia Blvd., Suite 300
Valencia, CA 91355
Attn: Parks & Recreation,
Barbara Blankenship
Ph# (661) 286-4046
Fax # (661) 284-1431
With Copy To:
Carl Newton
Burke, Williams, and Sorensen
LLP
444 South Flower, Suite 2400
Los Angeles, CA 90071
213-236-0600
Site #: SV 11040A
Site Name: SCE Pardee -Sylmar M2 -T5
Market: Los Angeles North
SCE:
Southern California Edison Co.
Edison Carrier Solutions Dept.
4900 Rivergrade Road, Bldg. B-1
Irwindale, CA 91706.
Ph# (626) 543-8133
Carrier:
T -Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: PCS Lease Administrator,
Site # SV11040A
With a copy to:
Attn: Legal Dept., Site #
SV11040A
And to:
T -Mobile West Corporation
3 MacArthur Place, #1100
Santa Ana, CA 92707
Attn: Lease Administration
Manager, Site # SVI1040A
With a copy to:
Attn: Legal Dept., Site #
SV 11040A
Page 10 of 17
r_,
Either party may change its address for the purpose of this Section by giving written notice of the
change to the other parties.
33. ACCEPTANCE OF FACSIMILE SIGNATURES. The parties agree that agreements
ancillary to this Agreement and related documents to be entered into in connection with this
Agreement will be considered signed when the signature of a party is delivered by facsimile
transmission. Such facsimile signature will be treated in all respects as having the same effect as
an original signature.
34. GOVERNING LAW. This Agreement has been made in and will be construed in
accordance with the laws of the State of California and exclusive venue for any action involving
this Agreement will be in Los Angeles County.
35. PARTIAL INVALIDITY. Should any provision of this Agreement be held by a court
of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this
Agreement will remain in effect, unimpaired by the holding.
36. INTEGRATION. This instrument and its attachments constitute the sole agreement
between the parties hereto respecting the Property, the use of the Property, the specified term,
and correctly sets forth the obligations of the parties hereto. Any agreement or representations
respecting the Property or its licensing by City to Carrier and SCE not expressly set forth in this
instrument are void. There are four (4) attachment(s) to this Agreement.
37. CONSTRUCTION. The language of each part of this Agreement will be construed
simply and according to its fair meaning, and this Agreement will never be construed either for
or against any party.
38. COMPLIANCE. Carrier shall give all notices required by law and comply with all
laws, ordinances, rules, and regulations pertaining to the conduct of its activities on the Site.
Carrier shall be liable for all violations of the law arising in connection with its activities under
this Agreement.
39. EXHIBITS. All Exhibits attached hereto are material parts of this Agreement.
40. AUTHORITY/MODIFICATION. The parties' represent and warrant that all necessary
action has been taken by the parties to authorize the undersigned to execute this Agreement and
to engage in the actions described herein. This Agreement may be modified by written
amendment. City's City Manager, or designee, may execute any such amendment on behalf of
City. .
41. COUNTERPARTS. This Agreement may be executed in any number or counterparts,
each of which will be an original, but all of which together will constitute one instrument
executed on the same date.
42. ATTORNEYS' FEES. In the event legal action by any parry is brought to enforce any
term of this Agreement or to recover damages for any breach thereof, or to determine any lights
of the Parties under this Agreement, the prevailing party in such action(s) may recover
reasonable attorneys' fees, to be fixed by the court.
Site #: SV 11040A Page 11 of 17
Site Name: SCB Pardee-Sylmar M2-T5
Market: Los Angeles North
ri
43. This Agreement shall be binding on and inure to the benefit of the successors and
permitted assignees of the respective Parties.
44. In any case where the approval or consent of a party hereto is required, requested or
otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold
its approval or consent
[SIGNATURES ON NEXT PAGE]
Site#: SV11040A
Site Name: SCE Pardee -Sylmar M2 -TS
Market: Los Angeles North
Page 12 of 17
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and
year first hereinabove written.
CITY: CITY OF SANTA CLARITA, a municipal corporation
SCE:
Date:
and general law city
By:
Kenneth R. Pulskamp, City Manager
ATTEST:
By:
City Clerk
Date:
APPROVED AS TO FORM:
By:
Carl K. Newton, City Attorney
Date:
SOUTHERN CALIFORNIA EDISON CO., a California
corporation
By:
Emmanuel P. Hyppolite, Supervisor of ECS &
Distribution, Corporate Real Estate Dept.
Date: w
CARRIER:
Date:
Site #: SV 11040A
Site Name: SCE Pardee -Sylmar M245
Market: Los Angeles North
T -MOBILE WEST CORPORATION, a
J
T -Mobile Legal Approval
oarren Miller
Contract Attorney
Page 13 of 17
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
APN: 2860-018-014 & 2860-014-064
All that certain real property located in the County of Los Angeles, State of California, being
more particularly described as follows:
Parcel 1:
Lot 145 of Tract No. 36723, in the City of Santa Clarita, County of Los Angeles,
State of California, as per map recorded in Book 966, Pages 77 to 85 inclusive, in
the Office of the County Recorder of said County.
Parcel 2:
Lot 163 of Tract 33888, in the City of Santa Clarita, as per map recorded in Book
899, Pages 43 through 56, inclusive, of Maps, in the Office of the County Recorder
of said Los Angeles County, California.
Site#: SV11040A
Site Name: SCE Pardee -Sylmar M245
Market: Los Angeles North
Page 14 of 17
to
EXHIBIT "B"
GRANT OF EASEMENT
The Easement is attached hereto.
[Balance of Page Intentionally Left Blank]
Site #: SV 11040A
Site Name: SCE Pardee -Sylmar M2 -T5
Market: Los Angeles North
Page 15 of 17
aI
i
g50 J20s
r . ' [�ccmm�
RiCORO1Nq'g6:QUMOTE D BY
SOUTHERN CAUF.GRNIA.EDISON COMPANY
f
•WH6m:RECOR6E0 MAIL TO
SOUTHERN CAf IMMIA EDISON COMPANY
?I, I" BOX 851
LOS A-NGELES 53, CALly.
i AITENR011=R/Y! & UdiD UEPT,
PACE ABOVE THIS LINE FCR RECORDER'S U
AGREEMENT FF 1 S
THIS AGREEMENT, dated the 9f n' day of
by and between THE NEWHALL LAND AND FARMING COMPANY, a California
corporation (hereinafter termed "Grantor"), and SOUTHERN CALIFORNIA
EDISON COMPANY, also a corporation, its successors and assigns (here-
inafter termed "Grantee'),
4279 j.
R°CORDED IN OFFICIAL •RECORDS
OF LOS ANGELES CO jr:T CALIF.
.1a.�I i 2 P.M. JAN 28 1966
RAY E. LEE, Cour, Recorder
W I T N E S S$ T H t
Grantor, for and in consideration of the sum of Ten Dollars
($10.00) lawful money of the United States paid to it by Grantee,
Z
N
the, receipt whereof is hereby acknowledged,'hereby grants, to Grantee
subject to the full azid prompt performance of the things, to -be per-
.�
formed by Grantee as hereinafter set out and cont.ined, and subject
w+
to anii under the terms, conditions and provisions hereinafter contained
a right of way and easement to construct, use, reconstruct, maintain,;
t
operate, enlarge, improve, relocate, remove, repair, replace, inspect
and renew, at any time and from time to time, electric lines consisting
of one or more lines of steel or metal towers, poles, wires, cables, in-
cluding communication circuits, ground wires, both overhead and under-
ground, but at a depth not exceeding fifty (50) feet beneath the surface
of the ground, with necessary and convenient foundations, guy wires and
anchors, insulators and cross -arms placed on said structures and
other
appurtenances connected therewith, convenient and necessary for the
coastruction, maintenance, operation., regulatl.on, control and ground-
ing or said electric transmission lines for the purposh.of transmitting,
-1--
VAULT COPY
27-
distributing, regulating, using and controlling electric energy, in,
on, over and across the strips of land hereinafter described and
designated as strips on: and Two, said 'strips of land are herein-
after referred to collectively as "right of way strip", lying within
that certain real property of the Grantor in the County of Lo's Angeles,
state of California, hereinafter referred to as the "premises", des-
cribed as follows:
23
PARCEL ONE (The Premises):
t
ao
Those portions of•the Rancho San Francisco, as Per
a x
U y
� m �
Patent recorded in Book 1, Page 514 et sec;., of Patents
q a
in the office of the County Recorder of said County, de-
C..�
e x�
o
lineated as Parcels 9, 10 and 22 on Licensed surveyor's
�f
a�
W
c
Map showing the property of "The Newhall Land and Farming
d
pCompany
in the Saugus School District and a portion of the
d -j
r
Ha
Newhall Lighting District", filed in Book 27, Pages 32 to
M 0
39, inclusive, of Record of Surveys in the office of the
County Recorder of said County.
?�
2Y
W
PARCEL TWO (The Premises).
Those portions of said Rancho San Francisco delineated
as Parcel 11 on Licensed Surveyor's Map showing the property of
"The Newhall Land and Farming Company in the Saugus School Dis-
trict and a portion of the Newhall Lighting District", filed in
Book 27, Pages 32 to 39 inclusive of Record of Surveys in the
office of the County Recorder of said County and also delineated
as Parcels 7, 8, 9, and 10 on Licensed Surveyor's Map showing the
propezty cf "The Newhall Land and Farming Company in the Newhall
School District and the Newhall Lighting District", filed in Book
-2-
23
27, Page 43 of Record of surveys in the office of the
County Recorder of said County."
The strips of land hereinafter referred to as "right
of way strip", are described as follows:
STRIP 0I7E (Right -of -Way Strip):
That portion of a strip of land of varying width, the
surveyed reference line of which is hereinafter described,
lying within the real property of the Grantor hereinbefore
described and designated as PARCEL ONE,
The surveyed reference line of said strip of land of
varying width is described as follows:
Beginning at a two-inch iron pipe and Southern California
Edison company Brass Cap Monument set at M.210 T.5E. as de-
lineated on Licensed Surveyor's Map filed in Book •31, Page
42 of Record of Surveys in the office of the County Recorder
of said County; thence North 30" 59' 05" West 613.25 feet,
measured along that "certain course", shown as having a bear -
of North 30" 55' 45" West on said last mentioned map to the
True Point of Beginning of this description, said True Point
of Beginning being the beginning of a strip of land TWD HUNDRED
TWENTY FIVE .(225) feet wide, the side lines thereof being
ONE HUNDRED TWENTY FIVE (125) fa_t Northerly and r'.asterly
and ONE HUNDRED (100) feet Southerly and We,stecly, measured
i
at right angles, respectively,.from said surveyed•referer_�e
line; thence along the following courses anal distances, South
82° 03' 32" East 6D91.45 feet, South 5'5" 31' 08" East 557.32
feet, Souch 51° 331,26" East 928.64 feet, South 660 31' 22"
-3-
i
z�
East 1197.26 feet, South 21" 02' 15" East 792.25 feet, to
a point, said point being hereinafter referred to as Point
"A", said point also being the beginning of a strip of land
ONE HUNDRED FIFTY (150) feet wide, the said lines thereof being
FIFTY (50) feet Noetheauterly and ONE HUNDRED (100) feet
Southwesterly, measured at right angles, respectively, from
said surveyed reference line; thence continuing South 21" 02'
15" East 878.42 feet, more or less, to a; point in the center
line of the Stace Highway Right -of -Way SI)%MY (60) feet wide,
now known as the "Ridge Route", as said highway is shown on
Licensed Surveyor's Map filed in Book 30, Page 42 of Record
of Surveys in the office of the County Recorder of said County,
said highway right -o£ -way being the right-of-way as conveyed
to the State of California by that certain deed dated May 10,
1915, and recorded on July 7, 1915, in Bock 6055, Page 286 et
seq., of Deeds, in the office of the County Recorder of said
County, said last mentioned point being hereinafter.referred
to as Point "B", said Point "B", being North 70' 25' 09" West
209.02 feet, measured along last mentioned center lane from a
square -headed spi%e and punch mark marked "C.S.D. End Survey
162+29.81", said Point "B" also being North 70" 25' 09" West
1322.16 feet from the intersection of the Easterly prolongation
of said last mentioned center line and the center line of Sierra
Highway as said last mentioi.ed center line is delineated on %os
Angeles County Surveyor's Map No. B-1840-1, as filed in the
office of the county Engineer of said County..
The Easterly side line of said strip of lana TWO
HUNDRED TVTENTY FIVE (225) feet wide and oaid strip of land
ONE HUNDRDD FIFTY {150) feet wide shall be prolonged or
shortened so as to terminate in a line having a bearing of
North 21" 20' 42" East and which passes through the point
-4-
CQ
C"
hereinabove described and designated as Point "A"
EXCEPTING TH -EFFOM that portion thereof which is
included within the Southern Pacific Railroad Company
Right -of -Way ONE HUNDRED (100) feet wide, as shown on
said map filed in Book 27, Page 37 of Record of Surveys
in the office of the County Recorder of said County.
ALSO EXCEPTING TEEREFROM that portion thereof wr..ich
is included in the State Highway Right--of-Way as conveyed
to the State of California by said deed recorded in Book
6055, Page 286 et sea_., of Deeds i., the office of the
County Recorder of said County.
ALSO EXCEPTING THEREFROM that portion thereof which
is included in Parcel 13 as delineated on Licensed Surveyor's
Map riled in Book 31, Page 42 of Record of Survayp in the office
of the County Recorder of said County, said Parcel 13 also being
a portion of that certain strip -of land ONE HUNDRED ?ZFxY (150)
feet wide, described and designated as Parcel 2 in the deed to
Southern California Edison Company, recorded in Book 4706, Page
251 of Official Records in the office of the County Recorder of
said County.
STRIP TWO (Right -of -Way Strip):
That portion of a strip of land ONE HUNDRED SIXTY (160)
feet wide, the side lines thereof being SIXTY (60) feet North-
easterly, Easterly, and Southeasterly and ONE HUNDRED (100) feet
Southwesterly, Westerly, and Northwesterly, measured at right
angles, respectively, from the surveyed reference line which
-5-
�i
M
A
is hereinafter dascribBd, lying within the -real property.of
the Grantor hereinbefore described and designated as PARCEL
TGA.
The surveyed reference line of said strip of land ONE
HUNDRED SIXTY (160) feet wide, is described as follows:
Beginning at Point "B", hereinbefore referred ktoF thence
along the following courses and distances, South 21" 02' 15"
East 2294.33 feet, South 100' 42' 30" East 1098.01 feet, South
S° 37' 50" East 969.28 feet, South 61 35"1911 East 700.00 feet,
South 9° 24' 13" West 1075.14 feet, South OO° 15' 07" East
1564.62 feet, South 380 17.' 05" Wast, 890.00 feet, South 431
24' 45" West 1605.59 feet, more or less, to a point in the
Northeasterly line of that certain parcel of'land delineated
as Parcel 8 on Licensed Surveyor's Map filed in Book 31, Page
41 of Record of Surveys in the office of the County Recorder
of said County, said point being North 32° 27' 20" Wes. 3515.35
feet, measured along said Northeasterly Zine from a two-inch iron
pipe and Southern California Edison Company Brass Cap Monument
set in said Northeasterly line, said two-inch iron pipe being
North 570 32' 40" East 34.00 feet from "Engineering Station 1437+
54.06", as said station is delineated on last mentioned Licensed
Surveyor's Map.
The side lines of said strip of land ONE RMORED SIXTY (160)
feet wide shall be prolonged or shortened Southwesterly so as to
terminate in the Northeasterly line of said last mentioned Parcel
8 and shall be prolonged or shortened Northwesterly so as to ter-
minate in the Southwesterly right -or" -way line of said State
Highway,
-6-
L.
Q�
G7
-7
1. Grantor also grants to Grantee, subject to the provisions
of this agreement, the right to clear and keep clear the right of
way strip free from buildings and structures.
2. Grantor also grants to Grantee, subject to the provisions
of this agreement, the right to clear and keep said right of way
strip clear of such tress, shrubs, brush, debris, explosives and in-
flammable material that endanger or interfere with the proper construct-
ion, operation and maintenance of said electric lines and the right to
trim or top and to keep trimmed or topped any and all trees on the
premises adjacent to the right of way strip for a distance of sFvENTY
FIVE (75) feet from the exterior lines of the right of way strip to
such heights as in the judgment of the Grantee shall be reasonably
necessary for the proper construction, operation and maintenance of
C_
said electric lines, but at no point outside the right of .way strip to
a height less than FIFTY (50) feet. All tree's, shrubs, brush and debris
00
C"
so out and cleared must be removed from the premises or burned by Grantee
C"
at such times and in a manner satisfactory to Grantor. Grantee shall not
place on the premises any explosives or inflammable material that Grantee
r�
removes from the right of key strip.
3. Subject to the -provisions of this agreement, Grantor, its
successors or assigns, shall not deposit, or grant permission to
others to de•2osit, explosives, rubbish, debris or any other com-
bustible substance or material on the right of way strip and shall
not deposit, ur grant permission to others to deposit, earth or any
noncombustible substance or material on the right of way §tr.ip so as
to constitute a menace or danger to said electric lines, or as -to
interfere with or obstruct Grantee's road or right of passage on the
right of way strip.
4. Grantee and its invitees shall have free access to the
-7-
2.�d
right of way strip over the remainder of the premises for the purpose
of exercising the rights herein granted. Grantor may change such
routes in whole or in part at any time to any other location within
the remainder of the premises which will permit practical access to
the right of way strip, provided, however, that Grantor shall pay to
Grantee any cost incurred by Grantee in making any route newly design-
ated by Grantor as useable for access as the route being used by
Grantee at the time Grantor designates the new route. Grantor may
dedicate any such route to public use, in which event Grantee shall
use for access purposes the route so dedicated_
5. Grantee shall also .have the right to mark the location
of the right of way strip by sa:itable markers set on Grantee's
facilities or in the ground within the right of way strip, but if
set in the ground they shall be placed either in fence lines.or.at
other locations which will not interfere with Grantor's -use and
enjoyment of the right of way strip. .Grantee will relocate any
such marker ret in the ground at any time upon request of Grantor.
6. Where necessary in connection with the exercise of the
rights herein granted, Grantee shall have: the right to install
and use gates in any fences which are now or may be hereafter
constructed on the premises. Any gates so installed by Grantee
shall be locked with Grantee's locks, and also, if Grantor so
desires, may be locked with Grantor's locks, in such a manner
that either can lock and unlock the gates. In 'addition,..any.:gates
installed and locked by Grantor and used by Grantee. -shall be locked
also by Grantee's locks so that either can lock and unlock the gates.
7. Grantor reserves tht right to use and enjuy the premises
-9-
Al
provided that such use and enjoyment shall not interfere with the
rights herein granted to the Grantee. Without limiting the generality
of the foregoing reservation, Grantor expressly reserves to itself,
its successors and assigns, for its and their benefit and for the
benefit of its and their permittees, lessees, licensees and present
and fixture subsidiaries and their respective successors and assigns,
the following:
(a) the right to prospect and explore for and to
extract and produce all oil, gas, asphaltum
and, other hydrocarbon substances and aii other
minerals, whether or not similar to those herein
mentioned, that may be in, on, under or upon the
right of way strip provided that such operation
shall not be conducted (1) from or upon the sur-
face of the right of way strip, or (2) from out-
side the right of way strip in such manner'as to
endencrer or interfere with the support of then
existing structures of the Grantee in, under, or
upon the right of way strip, or with the operation
of then existing electric lines.of Grantee, except
that such operations may be conducted from and upon
the surface of the right of way strip in cases only
where Grantee agrees that such operations -would
not interfere with or endanger -its existing and/or
future structures or operations, and Grantee hereby
agrees to review and discuss the question of such
interference`cr endangerment in any rase when so
requested by Grantor. Grantee's consent to Grantor's
conducting such operations upon the surface of the
right of way strip shall be evidenced in writing
-9
n
c
30
only;
(b) the right to use any road which Grantee constructs
within the premises or right of way strip and the
right to construct, operate, relocate, maintain and
remove, in, upon, over,under, along and across the
right of gray strip (but such rights shall be limited
to crossing the right of way strip and shell not
include the right to longitudinally parallel said
right of way strip except in such instances where
the nature of the terrain is such as to make any
other route reasonably impractical), roads (including
the right to dedicate to public use roads that cross,
but are not longitudinally on the right of way strip),
fences, ditches, canals, pole lines, that cross the
right of way strip, and bridges, provided that such
facilities or any of them shall not be installed with-
in a distance of FIFTY (50) feet of any then existing
or proposed steel or metal tower, pole, or struct-
ure nor endanger or interfere with the operation of
the electric lines of Grantee, also the right to lay,
construct, reconstruct, use, maintain, operate, re-
pair, replace, renew and remove, pipelines and/or
sewer lines and appurtenances connected thereto, in,
over, under and across the right of way ship, pro-
vided that any of said pipelines and/or sewer lines
shall not be so constructed or installed so as to be
within a distance of FIFTY (50) feet of any existing
or proposed steel or metal tower,pole, or structure
nor endanger or interfere with the electric lines of
the grantee. Upon receipt: of written notice from
-10-
13/
Grantor to Grantee of Grantor's intention to
install any of said described facilities on
the right of way strip and the proposed location
of same, Grantee agrees to notify Grantor in writ-
ing at the earliest possible date, which shall not
exceed thirty (30) days from receipt of Grantor's
said notice, whether Grantor's said proposed
facilities will fall within FIFTY (50) feet of any
then proposed steel or metal tower, pole, or struct-
ure of Grantee. Upon receipt of.said notice from
Grantee, Grantor agrees not to construct any of its
said proposed facilities within FIFTY (50) feet of
any then proposed steel or metal tower, pole, or
structure of Grantee set forth in Grantee's said
notice, in the absence of such notification from Gran-
tee, Grantor may install said proposed facilities at
at the location set forth in its notice to Grantee.
(c) Grantor, its successors or assigns, shall have the
right to cultivate the land within the right of way
strip for any and all crops which may be grown there-
on, provided such use shall not interfere with the
rights herein granted to the Grantee, its successors
or assigns, in case the Grantor, its successors or
assigns, shall grow orchard or other trees within
the limits of said right of way strip, it shall not
permit the same to attain a height in excess of
thirty (30) feet above the surface of the ground,
and in case any such trees shall grow taller than
said.,eight, then the Grantee, its successors or
assigns, shall have the right to trim the same in
-11-
C"
C"
A
2/2
order to maintain said height as a maximum.
The provisions of Paragraph 1 shall not apply to any facilities
placed on the right of way strip in accordance with this Paragraph 7.
8. Grantee shall p -y Grantor for any damage to crops caused
by the exercise of any of the rights herein granted.
9. Grantee shall have the right to make such surface cuts
within said right of way strip as may be necessary to maintain the
clearance between the wires or -ables and the surface of the ground
that may be required by the orders of the Public.Tltilities Commission
of the State of California, or other governmental body having juris-
diction thereof, or that may be necessary for the economical construct-
ion, maintenance or operation of said electric lines. Any surface cut
made of sufficient size to endanger cattle sball be fenced by Grantee
on the written request of Grantor.
Z
10. Grantee shall promptly and properly refill all excavations
(but excluding surface cuts referred to in Paragraph 9 hereof) made
by or for Grantee. Before any such excavations are made, Grantee shall w
ascertain and plainly mark during all times that work is being performed,
the exact location of all pipe lines or other facilities which may be
below the surface of the ground. Grantee hereby accepts sole re:spoa-
sibility for so doing and shall be solely liable for all loss, damage;
injury or death caused or contributed to by any lack of or Improper
marking. Any excavation made of sufficient size,to endanger cattle shall
be fenced by Grantee on the written.request of Grantor.'
11. This agreement and the rights and privileges herein granted
shall terminate if the Grantea shall fail for any continuous period
of two (2) years after construction.of its first electric line hereunder,
to maintain and operate at least one electric, line on the right of way
..L2..
�33
strip, unless such failure shall be caused by war, a national emergency,
or ether cause beyond the control of Grantee.
12. Upon the termination of the rights hereby granted, Grantee
shall thereupon, at its own expense and risk, remove all steel or
metal towers, poles and any other property placed by or for Grantee upon
the right of way strip, and restore the right of way strip as nearly as
possible to the same state and condition as it was in prior to any
construction, by or on behalf of Grantee hereunder, but if it should
fail so to do within sixty (60) days after such Lermination and written
notice from Grantor so to lo, Grantor may so do, at the risk of Grantee,
and all cost and expense of such remo-al and the restoration of the
right of way strip as aforesaid, together with interest thereon at
the rate of ten per cent (10%) per annum, shall be paid by Grantee
upon demand; and in case of a suit to enforce or .collect the same,
Grantee agrees to pay Grantor, in addition, a reasonable attorney's
zee to be fixed and allowed by the court.
13. Upon the termination of the rights hereby granted, Grantee
shall execute and deliver to Grantor, within ninety (90).days after
service of a written demand therefore, a good and sufficient:- quit-
claim deed to the rights hereby granted. Should Grantee fail or
refuse to deliver to Grantor a quitclaim deed, as aforesaid, a written
notice by Grantor reciting the failure or refusal of Grantee to execute
and deliver said quitclaim deed, as herein provided, and terminating
said grant, shall, after ten (10) days.from the date of recordation of
said notice, be conclusive evidence against Grantee and all parsons
claiming under Grantee of the termination of said grant.
14. Grantee shall and will pay, before the same become delinquent,
all charges, taxes, rates and assessments upon or against said electric
lines and any other property or improvements placed by or for Grantee:
-13-
upon the right of way strip, but Grantor may, at all times after any
delinquency, pay and discharge all of such delinquent charges, taxes,
rates and assessments, after reasonable verification thereof, and all
such payment so made by Grantor, with interest thereon at the rate of
ten per cent (10%) per annum from date of payment, will be paid by
Grantee within thirty (30) days upon demand therefor, and in case of
a suit after such demand to enforce or collect the same, Crantee agrees
to pay Grantor in addition thereto a reasonable attorney's fee to be
fixed and allowed by the court.
! 15. Grantee agrees to indemnify Grantor against and to hold
Grantor harmless from any loss of or damage to any property, or injury"
to or death of any person whomsoever, proximately caused in whole or
in part by any negligence of Grantee or its contractors, or any acts
C_
for which Grantee or its contractors are liable without fault, in they
exercise of the rights herein granted; save and except in those in- M)
stances where such loss or damage or injury or death is proximately
caused in whole or in part by and negligence of Grantor or its contract
ors, or by any acts for which Grantor or its contractors are -liable
without fault.
�
16_ Any notices provided in this agreement to be given by either
party hereto to the other shall be deemed to have been duly given when
made in writing and deposited in the United States mail, registered or
certified and postage prepaid, addressed as follows:
To the Grantor: The Newhall Land and Farming Company
Route 3, Box 77
Saugus, Los Angeles County
California
To the Grantees Southern California Edison Company
H.O. Box 351
Los Angeles, California 90053
-14-
r —•
3�
V
17. Except as to the e.cercise of the rights hereiti, granted,
Grantee hereby recognizes Grantor's title and interest in and to the
premises and agrees never to assail or resist Grantor's title or
interest therein.
19. This agreement shall not be assigned by the Graatee.without
the written consent o= the Grantor, and no written consent by Grantor
hereunder shall be deemed a waiver by Grantor of any of the provisions
hereof, except to the extent of such consent; except that this agree-
ment may be assigned by the Grantee without the consent of the Grantor,
to the trustees of Grantee under the terms of Grantee's trust indenture
or amendments or supplements thereto, to a corporation in which the
Grantee is merged or with which the Grantee is consolidated or to
which the Grantee transfers s11, or substantially all, of its assets,
provided that the corporation (other than Grantee's said trustees
while they are holding title to said assets as security only), .to
which this agreement is so assigned shall. agree in writing with the
Grantor to X- ep and perform all of the terms, covenants and conditions
of this agreement.
19. Except as otherwise provided herein, the terms and conditions
of this agreement shall inure to the benefit of and be binding upon the
successors and assigns of the parties hereto.
20. It is understood and agreed that this grant is made subject
to all valid and existing licenses, leases, grants, exceptions and
and reservations affecting the premises.
IN WITNESS 4HEREQF, the said parties hereto have caused this.
agreement to be executed in duplicate by their proper officers, who
-ls-
f
PQ
00
irk
�i
11
are thereunto duly authorized.
THE NEWHALL LAND AND FARMING COMPANY
By
/} �i d i President
By
Secretary
SOUTHERN CALIFORNIA EDISON COMPANY
✓/ /� ,
y.L i resident
By —�
istant Secretary
STATE OF CALIF`DRNIA
ss.
COUNTY OF LOS ANGELES )
On this 4th �__ day of January 19 66 before G..
me, a Notary Public in and for said County and State, personally appeared
JAMES F. DICKASON known to me to be Nj
the Exec. Vice president and CHARLES L. MAULE
known to me to be the _ - ----- Secretary Of The Newhill:Land and -
Farming Company, the corporation that executed the within..instrument,
known to me to be the persons who executed the.within instrument on \S
behalf of the corporation herein named; and acknowledged to me that �+
such corporation executed the same, pursuant to its by-lF-ws ora re-
t
sol.ltion of its board of directors.
WITNESS my hand and official seal.
6o.aldo�+ah4'
NOTARY PVeLIO.Cl.LJ r'N�. M1
PRINCIPAL UFFIC: IN I
LOS ANS5 COVrITY
-16-
Notary Public in and for said
County and State
Geraldine A. Skonetch
My Commission expires June 24, 1967
Pi
J7
STATE OF CALIFORNIA )
ss. '
COUNTY OF LOS ANGELES )
On this 1S1'day c�•�c �_LcL_.- 141', G, before
me,, a Notary Public in and for said County and State, personally
appeared 30 DLDFiSiDOIF, AL known to me to
be a Vide President and IL Y. MLY
known to me to be an Assistant Secretary of Southern California Edison
Company, the corporation that exacuted the within instrument, known to
me to be the persons who executed the within instrument on behalf of
the corporation herein named, and acknowledged to me that such coroorat-
ion executed the same, pursuant to its by-laws or a resolution of its
board of directors.
C_
WITNESS my hand and official seal. Z
Notary Public in and for said 07
County and State
W Commissfin Endres. December 13. 1967
KATHERINE M*BAiR
.i,iAm NIA
PRIN PAI OFFICE IN
LOS Ah-SELES COMM
-17-
VAULT COPY.
A?PAOVED
iI
F
N
EXHIBIT "C"
THE SITE
See the attached drawings dated 01/06/10, Sheets A-1, A-2, A-3, and A-4, identified with Site
Information: SCE Pardee -Sylmar #1 and #2, M2 -T5 1966, SV11040A.
[Balance of Page Intentionally Left Blank]
Site N: SV11040A
Site Name: SCE Pardee -Sylmar MZ -TS
Market: Los Angeles North
Page 16 of 17
CD
q g z C 2 O q0 0.
= rc rc w dj O
�o 5 3o G o S gW�N
3
1
1�
�n
0
>r
s
d! R
�a
Or
Ha
x g
of
p
Y
ohh
—
u
��
Z
N
o�
w`4 Og�rn
D T a OLLJ
cn N �F
W LL.
o p
Q" OD
N W
q`
` �!
uti
L,vN
r
1 11
^'
rr
v
go
<I
11 IjI1 I
J r r v
I v
tc-0' �
B@
iI i
jot
ARIS
goa s
$d
-r
tlllll
�-
8 I
I
e I�
5
�
_ �
w
H
M14
•�
1
O
W
1
W
a
liAy t.Vo�L U>Y
O u
v
�r
U)
p
-
1
Q
w
I ]LL �']sf—
I
i� s5/
J
ddIIF?
PIN
ggY
gdtl�
I T3�
ppg
I I'`
1t 1
1 �
m �
-
b l
O a
N
°
S
�€ ✓ � eat
v
In
Z
- gga
3
y�
w
P Q @\
a
@11
��w
��
4/ 6
qa
5
x
�� Q
5-1
�z!
M
OW Op
tt.
F- p
o
u
°°
[[IIjJJ
W
ca
o
F(/]
W ins
Q
q
�
z
t,
N
io
�o
wq
b
t
1,4,C1
f r ,r, [[Lvs sxorx W) n m
-o-.0
R
F
t[
91
C C
.[ runs 4caur UI n !
?A
S
E
u� oUO:ax 4>F w P )
A-A
I
[
¢
B
tic
qg� pp� t; Aw[nin WOOD"
sn
[
E
Y&
.i r F, tmm swuua p, P m
,an
o
z
o
�
a
a
J
W
J
W
S
=
o
z
w
qa
4113
p
n°So
O
o o
c
W
a
a
Y H O
Z
00
8
DLL
Za5
1
C, r 6 p
E..�
�
Q
-
z9. u
1
C/) oe
0.'Z > 23 $
W
W w
og
8
s
s
s
LL+LQ Vi:
a
m
�
pO
V
�
Z
N
»
tl
N
yy
t-
�o
N
�o
W`ai
A
wo
N:9
J•Jt
�5g $
yY
-
$
w�
a.
e.r.smvs mmuv 4Jmmf
r.0
�d
'I
lei 'I�
].a.r. suaat sa�utN Glm)
l AI
d
$
gg�
p
i%St Yf
6
�g'B9
PCC
C
$!(R9t faaWV(r1Ani
9
Yp
.0•.ti
A roux x.oiw p} �A D
tl
8
�z
E
,raur. »w.we ro-z 4J n )
XXX
3
•Wt �Wc
...••-c
nnouva bare ..o -z 6Juf
A af1Y.i fxr%w W n )
E
?�
A rAil1S s.w!unW n mf
y
.
�•-
a, a,r, v�ua tvonurW n b
A•AI
ggg gg¢g gg
g
z
0
z
0
�
a
,
�
I
�
w
w
�
w
4113
EXHIBIT "D"
CONDITIONS OF APPROVAL
See the attached "Master Case No. 08-092, Conditional Use Permit 08-010, Final Conditions of
Approval" as issued by the City of Santa Clarita's Community Development Department,
Planning Division.
[Balance of Page Intentionally Left Blank]
Site #: SV 11040A
Site Name: SCE Pardee -Sylmar M2 -T5
Market: Los Angeles North
Page 17 of 17
/4