RPVCCA_CC_SR_2012_10_02_H_License_Agmt_Private_Property_Storm_Drain_LiningCn-vOF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Project Manager:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
~JIM HENDRICKSON,INTERIM DIRECTOR OF PUBLIC/I~
WORKS
OCTOBER 2,2012
AUTHORIZE LICENSE AGREEMENT FOR WORK ON
PRIVATE PROPERTY INCIDENTAL TO CURRENT
STORM DRAIN LINING PROJECT.(SUPPORTS 2012
CITY COUNC.~GOAL #4 PUBLIC INFRASTRUCTURE)
CAROLYN LEHR,CITY MANAGER~faC"CL.
Andy Winje,Associate Civil Engineer ~
RECOMMENDATIONS
1.Approve and Authorize the Mayor to execute License Agreements for brush
clearing and other work incidental to the ongoing storm drain lining project
with owners of properties at 29040 Palos Verdes Drive East,29048 Palos
Verdes Drive East and 2873 Colt Road,all in Rancho Palos Verdes.
2.Authorize the City Attorney to make minor modifications to the License
Agreements as necessary.
EXECUTIVE SUMMARY
The Public Works Department is currently conducting a storm drain lining project on the
eastern side of the City to rehabilitate pipes that pass through both public and private
property.Typically,storm drain easements are recorded to allow access to pipes that
cross private property,but in several cases no evidence of an easement has been
found.License Agreements allow the City legal access to such locations during this
project while protecting the interests of the private property owner.Staff has
determined that access through the three properties indicated is necessary to conduct
the work of the lining project.
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DISCUSSION
The work of the lining project requires access to the inlet and outlet of a pipe for
cleaning,inspection and installation of the liner.In some cases,installation of rip rap
protection or an outlet structure is also necessary to protect the embankment or canyon
bottom from excessive erosion.Crews need to clear brush to provide access and to
expose the inlets and outlets.Many of the City's storm drains begin or end on private
property and often in deep canyons where thick undergrowth make direct access from
the right-of-way difficult.In this case access is often most expedient through
neighboring properties.
There are two drains which outlet in the canyon bottom adjacent to Palos Verdes Drive
East (PVDE)at the rear of the above listed properties.Heavy growth has made
inspection from the right of way impossible and has prevented identifying the exact
location of the outlets.It is necessary to gain access to the canyon through the listed
properties on PVDE.It is suspected that the outlets are on the listed Colt property and
brush clearance will be required there as well.At lease one of the pipes will require a
liner.We will not know what further work is required until access is gained and the
outlets inspected.
The attached typical License Agreement has been reviewed and approved by the City
Attorney for use in gaining access and performing the work.Because evidence of
easements cannot be found,and traversing across or performing work on private
property without a property owners approval is unlawful,lining work will need to be
abandoned for these pipes in the absence of the Agreements.The exhibits for each
property depicting the approximate ingress/egress route and limits of the work area are
also attached.
FISCAL IMPACT
The approved project allocation,authorized by City Council on August 21,2012,has
sufficient budget to clear the brush,to provide erosion protection as described if
needed,and to appropriately restore any landscaping expected to be impacted by the
work.No impact to the budget is expected.
Attachments:A Typical License Agreement for work related to the storm
drain lining project
B Exhibits "A"for each of the listed properties.
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LICENSE AGREEMENT CONFERRING
PERMISSION TO ENTER PRIVATE PROPERTY
FOR THE PURPOSE OF STORM DRAIN CLEANING AND THE INSTALLATION OF
A STORM DRAIN LINER WITHIN THE EXISTING 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 _
(hereinafter,referred to as "Licensors").Licensors are the record owners of that certain
real property described as Los Angeles County Assessor's Parcel No.(APN#)
_________,located at (hereinafter referred
to as "the Property").
RECITALS
I
WHEREAS,Licensee owns a storm drain that is located on the Property and
conveys drainage underneath and adjacent to a public street;and
WHEREAS,Licensee seeks to perform certain work on the storm drain,which
will benefit adjacent residential properties,including the Property,and the public street;
NOW,THEREFORE,in consideration of the mutual promises contained herein,
the parties agree as follows:
1.TEMPORARY LICENSE
Licensors by this instrument grant 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
perform storm drain cleaning and related work within the existing canyon on the
Property (the "Work").The Work will include,but may not be limited to,creating an
access path of approximately eight feet in width to and within the canyon to establish
R6876\0001 \1494760
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access to the storm drain,clearing additional interfering brush in the vicinity of the storm
drain outlet,the installation of a storm drain liner within the existing storm drain,and the
construction of a rock rip rap blanket or concrete structure at the outlet of the storm
drain pipe.
Exhibit "A',which is attached hereto and incorporated herein by this reference,is
a map showing the general area of the aforementioned activities on the Property.The
specific area of impact to the Property will occur in the canyon within approximately 100
feet of the eastern Palos Verdes Drive East right-of-way line.
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
j
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 Licensors 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 Licensors 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 storm drain cleaning and lining activities,installation of rip rap or outlet
structure,and related work will be done in a workmanlike manner.
1494760 2
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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.RESlORAliON 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 Licensors'reasonable
satisfaction,to a condition that meet1s the general purpose and general appearance of
I
the area that existed before the work began.
IN WITNESS OF THIS AGREEMENT,THE PARTIES HAVE EXECUTED THIS
AGREEMENT BY AFFIXING THEIR SIGNATURES BELOW:
CITY OF RANCHO PALOS VERDES
by:_
Anthony Misetich
Mayor
Title
Date--------------
PROPERTY OWNERS
Owner
Owner
Date-----------
1494760 3
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Exhibit A -29040 Palos Verdes Drive East
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Exhibit A -29048 Palos Verdes Drive East
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Exhibit A -2873 Colt Road
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