RPVCCA_CC_SR_2014_02_04_D_Private_Property_License_Agmt_Storm_Drain_ImprovCITY OF
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Project Manager:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
MICHAEL THRONE, DIRECTOR OF PUBLIC WORKS Ub
FEBRUARY 4, 2014
AUTHORIZE LICENSE AGREEMENT FOR WORK ON
PRIVATE PROPERTY FOR STORM DRAIN
IMPROVEMENTS. (SUPPORTS 2013 CITY COUNCIL
GOAL #4 PUBLIC INFRASTRUCTURE)
CAROLYNN PETRU, ACTING CITY MANAGER~ r
Andy Winje, Associate Civil Engineer Y
RECOMMENDATIONS
Approve and Authorize the Acting City Manager to execute a License Agreement with
Miraleste Recreation and Parks District, owner of parcel 7561-010-900, in Rancho
Palos Verdes, for installation of storm drain improvements and appurtenant work.
EXECUTIVE SUMMARY
The Public Works Department is preparing to repair certain storm drains along Palos
Verdes Drive East in conjunction with the PVDE Arterial Rehabilitation Project. One of
the improvements will r~quire installing new pipe to replace an existing pipe on property
owned by the Miraleste Recreation and Parks District. Typically, storm drain easements
are recorded to allow access to pipes that cross private property, but in this case no
evidence of an easement has been found. In the absence of an easement, the License
Agreement allows the City legal access to District property during this project while
protecting the interests of the District. Staff has determined that access to the District
property is necessary to conduct the work.
DISCUSSION
The work of the storm drain improvement project will occur in both the City Right of Way
and within District on a parcel used as open space. The work on the District property
requires a substitute pipe to be laid to replace a portion of a pipe that has collapsed
deep underground and needs to be abandoned. The new alignment accesses the
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License Agreement with Miraleste Recreation and Parks District
Page 2of2
February 4, 2014
existing pipe through the same parcel as the existing pipe but in a different location.
Crews will access the District parcel via the City's right of way along PVDE. The work
is made urgent by the need to complete it before scheduled pavement rehabilitation
along PVDE.
The attached License Agreement has been reviewed and approved by the City Attorney
for use in gaining access and performing the work. It has also been signed by the
Director of the Miraleste Recreation and Parks District on behalf of the District. A copy
of the agreement, including an exhibit which identifies the location of the work is
attached to this report.
FISCAL IMPACT
The District has not asked for any remuneration in granting this agreement, therefore
there is no impact to the budget.
Attachment:
1. License Agreement for work related to the storm drain lining project
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LICENSE AGREEMENT CONFERRING
PERMISSION TO ENTER NON-CITY PROPERTY
FOR THE PURPOSE OF THE INSTALLATION OF A
STORM DRAIN AND OTHER RELATED WORK
This License Agreement is made by and between THE CITY OF RANCHO
PALOS VERDES (hereinafter referred to as "Licensee") and Miraleste Recreation and
Parks District (hereinafter referred to as "Licensor"). Licensor is the record owner of that
certain real property described as Los Angeles County Assessor's Parcel No. (APN#)
7561-01-0-900, (hereinafter referred to as "the Property").
RECITALS
WHEREAS, Licensee owns the Palos Verdes Drive East street and right-of-way
just uphill of the Property and conveys drainage from the public street; and
WHEREAS, Licensee seeks to perform certain work on the Property to convey
drainage from the street through the Property to an existing storm drain on the Property,
which will benefit street users, park users, the adjacent residential properties and the
Property.
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
1. TEMPORARY LICENSE
Licensor by this instrument grants to Licensee, and to Licensee's agents,
permittees, and employees, including Licensee's contractors, the temporary right,
privilege, and permission to enter the Property for the sole and exclusive purpose to
install a storm drain, manhole, junction structure, surface restoration and related work
on the Property (the "Work"). The Work will include, but may not be limited to, clearing
R6876-0001\15003 70v2
D-3
and grubbing, grading, installing a buried storm drain pipe approximately 143 feet long,
installing a manhole and buried junction structure of approximately 3 feet in width and 3
feet long, and restoring the surface to match existing conditions.
Exhibit "A," which is attached hereto and incorporated herein by this reference, is
the improvement plan showing the general layout of the aforementioned activities on the
Property. The specific area of impact to the Property is highlighted on the attached
Exhibit "A".
2. TERMINATION
The temporary license created by this License Agreement shall terminate
automatically upon recordation of the notice of completion for the project by Licensee
except that the obligations set out in Section 3, entitled Liability, shall remain in force
and effect even after termination.
3. LIABILITY
Licensee shall exercise the privilege granted in this instrument at Licensee's sole
and exclusive risk. Licensee hereby agrees to hold Licensor harmless from any injury
or damage suffered by Licensee, its agents, permittees, employees, or contractors on
account of the exercise of such privilege. Licensee further agrees to indemnify and
defend Licensor against any and all liability for damages and expenses resulting from,
arising out of, or in any way connected with, the exercise of this privilege by Licensee,
its agents, permittees, employees, or contractors. Licensee further agrees to warrant
that the, grading, installation of storm drain pipe, junction structure and surface
restoration, and related work will be done in a workmanlike manner.
R6876-0001\1500370v2 2
D-4
4. NO RELEASE
Notwithstanding any other provision contained, neither the fact of this license
agreement nor anything herein shall be construed to release, hold harmless, indemnify
or otherwise relieve Licensee of any obligation, responsibility, duty, cost, or obligation
respecting the Property and arising under the law, whether known or unknown and
including those causes of action that may not yet have arisen.
5. RESTORATION OF PROPERTY
At the conclusion of the performance of the Work, Licensee shall, at its own
expense, remove any equipment and excess materials from the Property and restore
the Property, to the extent reasonably possible, and to Licensor's reasonable
satisfaction, to a condition that meets the general purpose and general appearance of
the area that existed before the Work began, except for the Work on the Property
described above.
IN WITNESS OF THIS AGREEMENT, THE PARTIES HAVE EXECUTED THIS
AGREEMENT BY AFFIXING THEIR SIGNATURES BELOW:
CITY OF RANCHO PALOS VERDES
by: _____________ _
Carolynn Petru, Acting City Manager
Date _____________ _
R6876-0001\1500370v2 3
MIRALESTE RECREATION AND
PARKS DISTRICT
Keith Harter, SuperiRtefldent 0/lfe~'l"'tP/2. n /( jJJ)
)
Date I-:l. 'B -c# 0/-11
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