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Home My WebLink About25F - AGMT - SANTIAGO PARK WATER RESERVIORREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 4, 2015 TITLE: LICENSE AGREEMENT AMENDMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR PROPERTY ADJACENT TO SANTIAGO PARK WATER RESERVOIR {STRATEGIC P NO. 6 1C} a. Z plllrk� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on Is1 Reading Ordinance on 2ntl Reading Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to a license agreement with Orange County Transportation Authority for 11,000 square feet of property adjacent to Santiago Park Water Reservoir for $796 plus a CPI increase each year for a one - year term with automatic renewals until terminated, subject to non - substantive changes approved by the City Manager and City Attorney. On October 14, 1997, the City of Santa Ana entered into a month -to -month license agreement with the Orange County Transportation Authority (OCTA) for 18,000 square feet of property adjacent to Santiago Park Water Reservoir for use as a Santa Ana Police Department (SAPD) Canine Training facility, SAPD no longer requires use of the property and transferred use of the property to Parks, Recreation and Community Services Agency ( PRCSA). PRCSA is proposing to use the property for holding and propagating native plant material as landscape replacement for Santa Ana parks. OCTA has agreed with the change in use, The amendment to the license agreement will modify the term from month -to -month to a one -year term with automatic renewals and a 30 -day notice to terminate by either parry. OCTA requires the City to notify and obtain OCTA approval of any constructioNimprovements on the property. Upon termination any improvements shall be removed and the site returned back to its original condition. City shall maintain the site during the term of the license. The City paid OCTA $796 for the 2014- 2015 year. As CPI information becomes available for the 2015 -2016 year the annual amount will be adjusted accordingly. 25F -1 License Amendment with OCTA for property at Santiago Park August 4, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 Community Facilities and Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy C (Invest resources and technology to extend the service life of existing infrastructure to protect the city's investment and support a high quality of life standard). FISCAL IMPACT Funding in the amount of $796 plus a CPI increase each year for license of property is available beginning in the FY 2015 -2016 Parks, Recreation and Community Services expenditure account (no. 01113200 62300). Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency EXHIBIT: Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance and Management Services Agency (� 25F -2 File: OC -87 -A FIRST AMENDMENT TO LICENSE AGREEMENT BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF SANTA ANA This FIRST AMENDMENT to the above - referenced agreement is made and entered into as of August 4, 2015, by and between THE ORANGE COUNTY TRANSPORTATION AUTHORITY ( "OCTA ") and the City of Santa Ana ( "Licensee "), and designated #OC -87 -A to License Agreement #OC -87 dated October 14, 1997. RECITALS A. On October 14, 1997, the parties entered into License Agreement # OC -87 ( "Agreement "), by which OCTA granted Licensee a non - exclusive license in certain property owned by OCTA as described in the Agreement for purposes of a canine training facility ( "License Property'). B. The term of the Agreement is presently month -to -month and remains in effect. C. The parties now wish to amend the Agreement to reflect a changed use of the License Property. The parties therefore agree: Part 1, Section 2 of the Agreement, Use of License Property, is amended to read in its entirety as follows: "Landscape nursery to replenish native and riparian planting in City of Santa Ana parks, as operated by Licensee or a third party under a separate operating agreement with Licensee." 2. Part 1, Section 4 of the Agreement, Term, is amended to read in its entirety as follows: "One (1) year from the date of this First Amendment, with 30 day notice to terminate, to be automatically renewed thereafter for the same term on an annual basis until either parry terminates with 30 days' notice." 3. Part 1, Section 6 of the Agreement, Insurance Amount, is amended to read in its entirety as follows: "Insurance requirements are amended as shown on Exhibit "A ", attached and made part herein." 4. Part 1, Section 8 of the Agreement, Licensee's Address, Is amended to read in its entirety as follows: City Of Santa Ana Parks, Recreation and Community Services Agency 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, Ca. 92702 5. Part 1, Section 9 of the Agreement, Facility, is deleted in its entirety. Page 1 of 3 25F -3 File: OC -87 -A 6. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. AGREED AND ACCEPTED: CITY OF SANTA ANA David Cavazos City Manager APPROVED AS TO FORM: BY 17b 5L,fL Jo . Funk Ass taut City Attorney ATTEST Maria D. Huizar Clerk of the Council ORANGE COUNTY TRANSPORTATION AUTHORITY By Jim Bell Executive Director, Capital Programs APPROVED AS TO FORM: By James M. Donich General Counsel Page 2 of 3 25F -4 File: OC -87 -A EXHIBIT "A" Insurance. A. Licensee shall procure and maintain insurance coverage or evidence of self - insurance during the entire term of this Agreement. Licensee shall provide the following coverage: 1. Commercial General Liability [CGL], to include Products/Completed Operations, Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum of $2.000,000.00 of coverage. , with: • Removal of the CGL exclusion for pollution liability, or • A Pollution Liability policy with minimum limits of $1,000,000.00; and 2. Automobile Liability Insurance with combined single limits of a minimum of $1,000.004.00 3. Workers' Compensation with limits as required by the State of California; with a waiver of subrogation rights; 4. Employers' Liability with limits of a minimum of $1,000,000.00; and B. Subject to prior approval by OCTA, Licensee may meet the requirements through (i) sell- insurance, (ii) coverage through a joint powers insurance authority (JPIA) which is duly formed under the laws of the State of California, or (iii) utilize a combination of self - insurance and JPIA coverage, or (iiii) commercial insurance policies. C. OCTA, its officers, directors, employees and agents must be designated as additional insured on the Licensee's Comprehensive General and Automobile Liability Insurance policies. Licensee shall furnish OCTA with insurance endorsements and certificates, evidencing the existence, amounts and coverages of the insurance required to be maintained hereunder. D. The coverage shall be primary and any insurance or self - insurance maintained by OCTA shall be excess of the Licensee's insurance and shall not contribute to it. E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled or reduced in coverage or in limits, except only after thirty (30) days prior written notice has been given to OCTA. In the event OCTA learns that Licensee's insurance coverage is terminated and Licensee fails to provide adequate assurances that continuous coverage is being provided, OCTA, at its sole discretion, may obtain such coverage at Licensee's expense. F. OCTA retains the right to increase the amounts of coverage required by this Agreement as it determines are reasonably necessary to protect itself against potential liability caused by entering into this Agreement. OCTA shall give licensee 60 days' notice of the need for it to increase its coverage. By the end of the 60 days, Licensee shall provide proof of such coverage in the manner set forth above. Page 3 of 3 25F -5 25F -6