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HomeMy WebLinkAbout97-108 CC Resolution__ RESOLUTION NO. ~/-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TI~iECULA APPROVING THAT CERTAIN "LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA AND ELECTREND, INC., FOR USE OF REAL PROPERTY" THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, RESOLVES, DECLARES, DETEKMINF_~ AND ORDERS AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Public Works Department has coordinated the design of the improvements for the 1-15/Highway 79 South Interchange Project and determined the right of way necessary to construct these improvements. B. The Interchange improvements call for the relocation of the Eastern Municipal Water District's Sewer lift station which is currently located on what will become a portion of the street improvements. C. The Interchangg improvements also call for the realignment of streets near the property owned by Electrend, Inc. D. Electrend, Inc. will grant an access easement over its property to EMWD for maintenance of the sewer lift station. The configuration of the street improvements and the sewer lift station at this location leaves a small portion of the City's right of way unused. D. Approval of the License Agreement with Electrend, Inc., promotes the health, safety and welfare of the community as it makes productive use of City land and accommodates necessary sewer improvements. Section 2. The City Council of the City of Temecula hereby approves that certain "License Agreement Between the City of Temecula and Electrend, Inc., For Use of Real Property," attached hereto as Exhibit A., and authorizes and directs the Mayor to execute said Agreement on behalf of the City in substantially the form of Exhibit A. Section 3. The City Council hereby authorizes the City Manager to execute such other and further documents as may be necessary to effectuate the implementation of the Agreement described in Section 2. Resos\97-108 1 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on the 7th day of October, 1997. Patricia H. Birdsall, Mayor ATrEST: CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 97-108 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 7th day of October, 1997, by the following vote: AYES: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall NOES 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Stone City Clerk Resos\97-108 2 Exhibit "A" RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: City of Te.._e 43,200 Business Park Drive Tememd'~, California 92502 ARention: June S. Greek, City Clerk EXEMPT FROM RECORDER'S FEES pursuant to Government Code Sections 6103 and 2738.3 LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA AND ELECTREND, INC. FOR USE OF REAL PROPERTY THIS LICENSE AGREEMENT is entered into by and between the City of Temecula, a municipal corporationS'City') and Electrend, Inc. ('Elecu'end") and is made and effective as of October ,1997. In consideration of~e mu!ual agreements contained herein, the parties hereto agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and for the following purposes which the parties hereto acknowledge as true and correct: a. Electrend is the owner of cerlain real property in the City of Temecula generally known as the Texaco Service Slition located on Front Street and described on Exhibit A, attached hereto and incorporated by this reference as though set forth in full (hereafter "Electrend Parcel"). b. The City owns the right of way for portions of Front Street and First Street which are located adjacent to the Electrend Property, and more particularly depicted on the map in Exhibits C and E, atlached hereto and incorporated herein by this reference as though set forth in full (hereafter "City Right of Way'). c. The City will not nesd the eraire City Right of Way area for street and utility ~ and both City and Electrend desire that the portion of the City Right of Way which will not be needed for street or utility ~ be put to productive use by allowing Electrend to use a portion of the City Right of Way for pa~king in conjunction with its commercial operations on the Electrend Parcel. 2. [ .imip,4 Right ~o Use CRy Right of Way. City hereby grants a license to Electrend to use approximately 0.053 acres of the City Right of Way (hereafter the "Licensed Premises") for the pmlx:m~ of additional parking for the commercial businesses on the Electrend Parcel, subject to the terms and conditions of this Agreement. The Licensed Premises is more particularly described and depicted on Exhibit G, auached hereto and incorporated herein as though set forth in full. 3. Use Fee. Electrend shah pay to the City the sum of one dollar ($1.00) on the first day of each year during the term of this License Agreement. 4. Term of ! JcerL~ in U.~ d~. I JcerL~-d Pmmi.~s. Ejectrend shall have the right to use the Licensed Pr~nis~ pursuant to this License Agreement from the date of notice from the Director of Public Works that the Licensed Premises is available for use by Electrend until lune 30, 2037, unless sooner terminated pursuant to this License Agreement. This dale can be extended by mutual agreement of both parties. This License Agreement may be terminated prior to the expiration of the term upon the following event: a. City may terminate this Agreement ifElectrend fails to comply with the terms of this License .Agreement, provided that Elec~'end has been given written notice describing its failure to comply with the terms of this License A~ccmc~ and has been provided with an opportunity to cure the deficiencies of not less lhan thirty (30) days. 5. Mainterence o{ l.icemed Premi~s. a. Electrend shall use the Licensed Premises for parking and landscaping in connection with its commercial businesses on the EJectrend Parcel in accordance with the Temecula Municipal Code and the terms and conditions of the !and use entitlements issued by the City for the parking. .. b. Electrend shall maimain the Licensed Premises in a neat and clean condition at all time. Ejectrend shall maintain the surface of the parking spaces in accordance with generally accepted maintenance standards for retail commercial parking lots. Electrend shall maintain the landscaping ~ irrigation and replace any plant mal~'ial as needed in accordance with the landscaping plan approved pursuant to its land us entitlements. real property compemafon. Co installed Upon the termination of this License Agreements, any improvements to the by Electrend shall become the property of the City without further 6. lndemnifieation~ of City !%, l~!ectrend. Electrend shall defend, indemnify, assume all responsibility for and hold the City, and its elecled and appoinl~l officers and employees, harmless from all costs (including attorneys fees and costs), claims, demands or liabilities judgments for injury or damage to property and injuries to persons, including death, which may be causedby any of the E!ectrend's activities with respect to the Licensed Premises, whether such activities or performance thereof he by the Elco'rend or anyone directly or 'indirectly employed or contracted with by Electrend and whether such damage shall accrue or be discovered before or after termination of this Agreement. This indemnity includes, but is not limited to, any repair, cleanup, remedialion, detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous ~ including petroleum and its fractions as defined in the Comprehensive Environmental Respome, Compensation and Liability Act ["CERCLA"; 42 U.S.C. Section 9601, et lill!i.], the Resource Conservation and Recovery Act ["RCRA"; 42 U.S.C. Section 6901 et ~ and California Health and Safety Code Section Code Section 25280 ~ at any place where Electrend owns or has control of real property pLLrSnant to any of Ejectrend's activities under this Agreement. The foregoing indemnity is inlended to operate as an agreement pursuant to Section 107 (e) of CERCLA and Cali- fornia Health and Safety Code Section 25364 to assure, pro~ct, hold harmless and indemnify Agency from liability. 7. Notices. Any notices which either party may desire to give to the other party under this License Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and lime of delivery, or (iii) mailing in the United Slates Mail, certified mail, postage prepaid, To City: City of Temecula 43200 Business Park Drive Temeeula, California 92590 Attention: City Manager To Electrend: Electrend, Inc. 29115 Front Street Temecula, California 92590 Attention: Lou Kashmere 8. Entire Agreement. This Agreement and any documents attached hereto or referred to herein integrate all terms and conditions of the matters and agreements described herein or incidental hereto and supersede all oral or written negotialions and prior writing in respect to the subject matter of this Agreement. 9. A,nrneys' Fe~ nnd C. os~. If any legal action or proceeding arising out of or relating to this License Agreement is brought by any party to this License Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs and expenses incurred in the action or proceeding by the prevailing party. 10. No Waiver: P~.medi~ C,mulntive. No delay or omission to exercise any right, power or remedy accruing to City on any default by Eleelxend under this License Agreement shall impair any such right, power or remedy of City nor shall it he construed as a waiver of or acquiescence in any such default, or of or in any similar default occurring later; nor shall any waiver of any single default be deemed a waiver of any other default occurring before or after that waiver. All remedies, either under this License Agreement or by law or otherwise afforded to City or Electrend shall he cumulative and not alternative. 11. Covemath to R~tn With ! and. Of ~he coverams which have been eslablished pursuant to ~his Agreement, the same shall be deemed to be covenants running with the land for the benefit of both the City Right of Way and the Electrend Property, and shall be binding upon the successors and assigns of the parties hereto. IIII //// //// R :~q~97~100~ice~e.K r~e, ip IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be duly execu~i by lheir respective duly authorized officials, officers or representatives as of the date first set forth above. CITY OF TEMECULA Patricia H. Birdsall, Mayor Attest: $une Greek, City Clerk Approved as to form: Peter M. Thorson, City Attorney ELECTREND, INC., a California Corporation By: Name: Title: By: Name: Title: