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HomeMy WebLinkAboutORANGE COUNTY WATER DISTRICT (5) - 2016WE= LICENSE AGREEMENT This License Agreement ( "License ") is made and entered into this 21st day of ,Tune 2016 by and between the CITY OF SANTA ANA , hereinafter referred to as the "City ", and ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California, the Licensee, hereinafter referred to as the "District" or "Licensee ". WHEREAS, the construction and operation of four injection wells, well vaults, water supply pipeline, backflush pipeline, two (2) Shared Recreation i Communication Structures, skate park fence and security camera, two (2) air -gap structures, all related appurtenances, and asphalt paving improvements for certain parking lots and roadways ( "Project ") at Centennial. Park will serve the interests of both the City and District; and WHEREAS, the City owns the property where the Project would be constructed and operated subject to the terms and conditions specified in the public benefit conveyance deeds from the United States of America (attached as Exhibit 1); and WHEREAS, City and District entered into a Memorandum of Understanding on September 2, 2014 as a basis for establishing permanent and temporary casement on the property for the Project and subsequently agreed that a license was the appropriate instrument for such purposes. NOW, THEREFORE, the parties hereto establish the following: PART ISSUANCE OF LICENSE 1.1 License, The City hereby issues to the District a License to enter upon the following real property owned by the City for the purpose or activity specified in Section 1.1.2: 1.1.1 Licensed Property. Centennial Park, 3000 West Edinger Avenue Santa Ana California 92704 as shown in Exhibit 2, attached hereto and incorporated herein by this reference ( "Premises "). 1.1.2 Use of Premises. For and during the term of this License, and any extension or renewal thereof, the District shall use the Premises solely and exclusively for the following purpose(s) or activities: 11 .2.1 Construction, Operation, and Maintenance of Proiect. Exhibit 2 depicts the approximate proposed location of the Project to be included in the Premises. The actual configuration and size of the area covered by the License will be based upon the actual location of the well sites and the alignments of the water supply and discharge pipelines. The pipeline license alignment shall be 10 feet wide and centered upon the respective constructed pipeline center. The well site shall include the area occupied by the constructed well facilities plus a 5 foot buffer around their perimeters. This License includes the right for the District to occupy the Premises and for access to and from the Premises for construction, 131f07,3499-6016 1316498.1 a06/29A6 maintenance, and operation of the Project. City shall approve all construction plans prior to commencement of construction, which approval shall not be unreasonably withheld. Well maintenance may include reconstruction, redevelopment, refurbishing, removal and replacement, inspection, and taking of water samples. It is anticipated that the well will require redeveloping or refurbishing once every five (5) years; however, due to the nature of water wells, District reserves the right to reasonably determine when the use of such maintenance activities is necessary which may be less than every five (5) years. District shall notify City at least 60 days in advance of maintenance activities that will utilize heavy equipment such as a well develop /pump rig. It is anticipated that 14 parking stalls will be taken out of service for 2 weeks during maintenance of each well. City reserves the right to inspect and require that the area impacted by the well maintenance and redevelopment work is restored to its original condition or better, to the satisfaction of the City, at the conclusion of the work. 1.1.2.2 Temporary Construction Areas. Exhibit 3, attached hereto and incorporated herein by this reference, depicts the approximate locations of the Temporary Well Construction Areas, which permit District to occupy and use approximately 12,000 - 15,000 square feet of temporary work area at each injection well for approximately 3 months during the constriction period of the Project to accommodate drilling and well development, followed by L'icensee's use of an approximate 3,000 square foot temporary work area at each injection well for 3 months to equip the well. During well drilling, development, and construction temporary sound mitigatory shall be installed around the work areas to reduce noise generated by such activities. Portions of the well and pipeline constriction will require active constriction work over several 24 hour days. The District shall have the right to use temporary work areas along the alignments of Project shown in Exhibit 2. 1.1.2.3 Iniection Well Locations, District shall construct each injection well below grade within vaults that have access hatches centered within existing parking stalls. An additional access hatch for personnel entry will be located nearby to allow emergency access into the well vault if a car is parked above the primary access hatch. City shall not authorize loads in excess of 16,000 lbs. to be placed on or over the well vault locations. 1,12,4 Backflush into Centennial Lake. When mutually feasible, City and District agree to use well backflush water to replenish Centennial Lake water losses as a water conservation measure. District shall backflush the injection wells into the existing Centennial Lake's wet well air -gap structure as a primary discharge outlet and to the Greenville Banning channel via City's existing storm drain system as a secondary discharge outlet. District shall coordinate with City at least 24 hours prior to any discharge to Centennial Lake by District. District's discharge of backflush water into the Centennial Lake shall not cause the Centennial Lake's water level to rise to an elevation of overflow into the existing spillway structure. District shall not be held responsible for events not directly related to District's discharge that may cause an overflow, such as City's 131/022499 -0016 9316499.1 -2- Centennial Lake filling systems, precipitation, or any other occurrence, If City or District determine a particular discharge event into the Centennial Lake is not feasible, District shall use the discharge outlet to the Greenville Banning channel and shall perform at its sole cost the necessary testing and permitting to comply with regulatory discharge requirements. District shall obtain all necessary permits for discharge to the channel. Discharge to the Greenville Banning charnel will occur via a new air -gap structure located in the southwest portion of the park. One wall of the new air -gap structure will replace the current high school sign. The new air -gap will discharge to the existing City storm drain catch basin located on the north side of the Centennial Park access road as shown in Exhibit 2. The fl-equency, duration, and volume of District's discharge events will be determined by the individual performance of each injection well. It is anticipated that during normal injection operations there will be two (2) discharge events per week totaling 140,000 gallons per week. 1.2 Coordination, 1.2.1 Design and Environmental Docrunentation. As stated in the MOU, on file with the City and District, District shall be responsible for the design and construction of the Project, preparation of all documents to comply with California Environmental Quality Act and National Environmental Policy Act, and shall provide staff assistance to the City of Santa Ana for coordination with the United States Department of the Interior. The District shall provide the City with an administrative draft version of any environmental documents prepared for the proposed Project and respond to City comments on the draft documents prior to releasing the environmental documents for public review. The District shall not propose or agree to any mitigation measures that affect City lands without prior City approval, which may be withheld for any reason. The District shall include the City in the design comment and review processes. 1.2.2 State Grant, The parties acknowledge that the City was awarded a Land and Water Conservation Grant to build improvements on the park which requires that the recreational abilities of the park be preserved at all times, but in no event shall the recreational abilities of the park in any single location be impacted beyond six (6) months. Accordingly, to the extent that a well site is located in one of the Grant improvement areas, the parties mutually agree that any binding commitment is expressly conditioned upon approval by the State of California (hereinafter, the "State"), The District shall assist the City in submitting required documentation to the State. The City understands that time is of the essence and will make a good faith effort to expedite this approval process. 1.2.3 Federal Government. The parties agree that a precondition to any binding commitment requires concurrence by the Federal Government inasmuch as the property in question was a Federal property transferred by the Department of Interior to the City as public benefit conveyance for development of a regional park and any licenses thereon require Federal concurrence, The District shall assist the City in submitting required documentation to the Federal Goverunent. The City understands that time is of the essence and will make a good faith effort to expedite this approval process. Notwithstanding any provision of this Agreement, the parties mutually agree that any binding conunitment is expressly conditioned upon concurrence by the Federal Government. In the event. that this License is issued prior to concurrence of the 13 1/022499-00 16 9316498.1 -3° Project by the Federal Government, then, notwithstanding any provision of this Agreement, the parties mutually agree that any binding commitment is expressly conditioned upon concurrence by the Federal Government. 1,2.3.1 No Disposal of Premises. The issuance of this License does not constitute a disposal of the Premises. Notwithstanding any provision of this Agreement, the City shall ensure that the Premises will continue to be used for public park and recreation purposes by the general public and be maintained in a safe and environmentally appropriate condition. 1.14 Coordination, District shall coordinate with the City during design, construction, and acceptance of construction in order to minimize disruptions at Centennial Park, The parties agree that they shall minimize any disruption to the operations of Godinez High School and the Centennial Career Education Center. District aelmowledges that it shall be responsible for the replacement of all landscaping and park amenities that might be inadvertently damaged during construction as a result of the District's contractor negligence, District construction impact, District operational activities, or District maintenance. 1.3 Term. 1,11 Temporary Construction Areas. The Temporary Construction Areas for the uses as stated in Section 1. 1,2.2 shall commence on the construction date approved by both City and District ( "Commencement Date ") and shall continue to and terminate upon the filing of the Notice of Completion for the Project construction ( "Completion Date "). 1.3.2 Long -Term License. The long -term license for the uses stated in Section 1.1.2., shall commence on January 1, 2019 or the Completion Date, whichever one is earliest, (the "Commencement Date "), and shall continue to and terminate at 11:59 p.m. local time on December 31, 2049 ( "Expiration Date"), This License and the District rights hereunder may not be extended beyond the Expiration Date unless such extension is set forth in writing and executed by both the District and the City. 1.3.3 Termination, The License shall terminate in the event that District materially violates any provision of this Agreement. 1.4 License Consideration. As consideration for the issuance of this License, and for District's use of the Premises for thirty (30) years, the District shall provide the following improvements to the Premises in accordance with the other relevant provisions of this License: 1.4.1 Pa_ ving. After the pipeline, well, and equipping construction is complete, the District shall improve all parking lots and roadways identified in Exhibit 2. Such paving improvements shall include the removal and overlay of' the ' top two (2) inches of asphalt from the parking lots and roadways in accordance with City Standards. 1.4.2 Shared Recreation /Communication Structure 1. During the first phase of the Project construction, the District shall construct an approximate 1,550 square foot Shared Recreation / Communication Structure 1 as identified in Exhibit 2, for use as public restrooms and changing rooms for the City and a utility room for the District to house electrical and. 131(022499 -0016 93 6498.t '4- communication equipment. The final configuration and size of the Shared Recreation / Communication Structure I will be established by the District's 'final design. The structure shall be located in the northwest portion of the Park adjacent to the existing soccer field perimeter fence. A shared power service will be constructed below grade, to the extent possible, to the structure from the existing power distribution system owned by a third party. 1.4.3 Shared Recreation/Communication Structure 2. During the first phase of the Project construction, the District shall construct an approximate 1,014 square foot Shared Recreation / Communication Structure 2 as identified in Exhibit 2, for use as a public restroom and office for the City and utility room for the District to house electrical and communication equipment. The final configuration and size of the Shared Recreation / Communication Structure 2 will be established by the District's final design. The structure shall be located in the northeast portion of the Park nearby the existing Skate Park. This stricture shall replace the existing bathroom structure to be demolished by District. A shared power service will be constructed below grade, to the extent possible, to the structure from the existing power distribution system owned by a third party. 1.4.4 Skate Park Fence Improvements. District shall remove and replace approximately 600 linear feet of the fencing around the Centennial Park Skate Park and replace it with six feet height fencing and shall construct an on -site security camera system connecting a camera overlooking the Skate, Park to a digital video recording device within the proposed Shared Recreation / Communication Structure 2. The type of fencing and selection and location of the security camera shall be jointly determined by District and City during the Project design. 1.4.5 Guarantee. The District shall provide a five (5) year guarantee of workmanship and/or materials for the improvements and structures described in Section 1.4 and the final Project Construction Documents, excluding ordinary wear and tear and unusual abuse or neglect. Ordinary maintenance of the two (2) Shared. Recreation / Connnunication Structures, contents, systems, and supplies shall be the sole responsibility of the City, excluding the two (2) District utility rooms. The District and City shall ,jointly share maintenance and repair responsibility for the ,portions of the strictures that serve both as a District facility and a City facility. 1.5 Use of Premises 1.5.1 Conditions of Use. For and during the term of this License, and any extension or renewal thereof, District's use of the Premises shall be subject to the following conditions, covenants and restrictions: 1,53.1 District shall use, occupy, and maintain the Premises in a business -like, careful, clean, and non- bazardous manner for the sole purposes specified in Section 1, 1.2 above in strict accordance with all terms and conditions imposed by the United States Department of the Interior as set forth in Exhibit 1, Written approval by the City of Santa Ana and written concurrence by the Secretary of the Interior or his/her delegated representative, NPS, shall be required for other proposed use in conjunction with or in addition to those specified above. 131/022499 -0016 9316496.1 -5- 1.5.1.2 The District shall not maintain, commit or permit the maintenance or commission of any waste or any nuisance (as defined in California Civil Code section 3479 or the Santa Ana Municipal Code, as either may be amended from time to time) on the Premises, and the District shall not use or permit the use of the Premises for any unlawful purpose. 1.5.2 Utilities and Services. District shall be solely responsible for obtaining all utility service and for the payment of all utility design and installation charges, including but not limited to water and power, supplied to the Promises for those uses as defined in this License. Each party will be responsible for their respective monthly utility charges incurred after completion of construction of Project. 1.53 Permits and Aoorovals. District shall obtain any and all governmental permits, approvals, licenses and/or other authorizations which may be required in connection with the construction and use of the Premises as set forth in this License, 1.5.4 Area Restoration. District shall during the term of this License, restore any area disturbed during construction or maintenance of uses defined in this License to the general condition that existed prior to entry, at its sole cost and expense, reasonable wear and tear excepted. 1.6 Insurance. Without limiting District's indemnification obligations, the District shall maintain during the life of this License, Comprehensive General Liability insurance or commercial general liability insurance written on an occurrence basis providing for a combined single limit of at least $2,000,000.00 for bodily injury, death, and property damage or provide the City evidence that the District is self - insured. The District shall not enter or occupy the Premises until the District has obtained all of the insurance required herein from a company or companies licensed to do business in the State of California and the District shall maintain all such insurance in frill force and effect at all times during the term of this License and any extension or renewal thereof. Insurance shall be placed with insurers having a current A.M. Best rating of no less than A -:VII or equivalent. Alternatively, District may submit a Letter of Self - Insurance from its Joint Powers Insurance Authority (" JPIA ") in lieu of a Certificate of Insurance in a form acceptable to the City. 1.7 Indemnification. Each Party shall indemnify, hold harmless and defend the other Party, and any of its officials, officers, employees or agents, from any and all claims, liabilities, obligations and causes of action, including reasonable attorney's fees and costs, resulting from any and all negligent actions or willful misconduct of the indemnifying Party or any of its officials, officers, employees, agents, consultants, and licensees in the performance of its duties or obligations under this License. PART 11 MISCELLA E, QUs 2.1 Notices. Any notice, payment or instrument required or permitted to be given or delivered by this License may be given or delivered by personal delivery or by depositing the same in any United. States mail depository, first class postage prepaid, and addressed as follows: If to District: 13 i/022499 -0016 9316499, I -6- If by mail: ORANGE COUNTY WATER DISTRICT P,O, Box 8300 Fountain Valley, CA 92728 -8300 Attn: Property Management If by personal delivery: ORANGE COUNTY WATER DISTRICT 18700 Ward Street Fountain Valley, CA 92708 Attn: Property Management If to City of Santa Ana If by mail: CITY OF SANTA ANA 20 Civic Center Plaza Santa Ana, CA 92701 Attn: City Cleric If by personal delivery: CITY OF SANTA ANA 20 Civic Center Plaza Santa Ana, CA 92701 Attn: City Cleric or such other person or address as either party may direct in writing to the other; provided, however, that such new or different person or address shall not become effective until aelmowledged in writing by the party to whom directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty -eight (48) hours after deposit in a United States mail depository. 2.2 Warranty of Aut'harity. Each officer of the District and the City affixing his or her signature to this License warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions and provisions of this License, that his or her respective party has the full legal right, power, capacity and authority to enter into this License and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith. 2.3 Headings, The titles and headings of Sections and Paragraphs of this License, as herein set forth., have been inserted for fine salve of convenience only, and are not to be taken, deemed or construed to be any part of the terms, covenants or conditions of this License, or to control, limit or modify any of the terms, covenants or conditions hereof. 2,4 Time of Essence. Time is of the essence of this License. Failure to comply with any requirement, including but not limited to any time requirement, of this License shall constitute a material breach of this License. 2,5 hate rg ation, This License represents the entire understanding of the District and the City as to the License and all other matters contained herein, No prior oral or written understanding shall be of any force or effect with regard to those matters covered by this 13 1/02 24 99 -DO 16 9316,198,1 -7- License. This License supersedes and cancels any and all previous negotiations, arrangements, agreements or understandings, if any, between the parties, and none shall be used to interpret this License. 2.6 Construction and Amendment, This License shall be construed, 'interpreted, governed and enforced in all respects according to the laws of the State of California and as if drafted by both the District and the City. No amendment, change or modification of this document shall be valid unless in writing, stating that it amends, changes or modifies this License, and signed by all of the parties hereto. 2.7 Successors. The License, and all of the terms, conditions and provisions herein, shall more to the benefit of, and be binding upon, District, City, and their respective successors and assigns. 2.8 Partial hivalidit y. if any term, covenant, condition or provision of this License is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way affect, impair, or invalidate any other tern, covenant, condition or provision contained in this License, 2.9 Further Assurances. Each of the parties hereto shall execute and deliver any and all additional papers, documents and other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 110 Attorney's Fees. Subject to any other provision stated herein, in any action or proceeding between the parties hereto seelcing interpretation or enforcement of any of the terms and provisions of this License or in connection with the Premises, the prevailing party in such action or proceeding shall be entitled to have and to recover from the other party its reasonable attorney's fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court cost. Acicnovvjt e� nrent: This Agreement and the obligations of the parties hereto are subject to the terms and conditions set forth in the deeds from the United States of America to the City of Santa Ana, dated — September 1, 1967, June 1, 1969, and June 30, 1977, and recorded at County of Orange Office of the County Recorder as Document Ns 16894 at Book 8384, Page 210, Document N2 410 at Book 9037, Page 694, Document Ns 12861 at Book 12326, Page 1194, and the current Program of Utilization which governs the use of the assigned property. Violations of the said terms and. conditions may be grounds for reversion to the United States of America, at its discretion and termination of this Agreement. Licensee owned personal and real property improvements associated with the real property, may be subject to seizure, without compensation., by the USA. [SIGNATURES ON NEXT PAGE,] 13VO22499 -0016 931 OM J IN WITNESS WHEREOF, the patties have executed and entered into this License as of the date first set forth above. "District" "City" ORANGE COUNTY WATER DISTRICT, CITY OF SANTA ANA, a municipal a political subdivision of the State of the corporation California organized under Chapter 924 of the Statutes of 1933, as amended General Manager APPROVED AS TO FORM: RUTAN & TUCKER, L4P General District County Water RECOMMENDED N RAPPRQVAL: 6_i .��UN(� --• GERARDO MOUET Executive Director of Parks, Recreation, and Community Services Agency DAVID CAVALI- City Manager ATTEST: By: ;7ywv,-1 �-), 8,hq�< Maria D. Huizar, Cleric of tIjVC0unci1 APPROVED AS TO FORM: 9x-. -F,.k M. Funk, Assistant City Attorney, City of Santa Ana W10224994016 9116498.1 -9- EXHIBIT 1 USA Quitclann Deeds (3) 131/022499 -0016 9316498,1 -10- .REC'O.RDIl4G RBQUE5TED BY• `�% of- the Council ' �'' ,;iqY- ' OF '1ANTA ANA Td3�a� BM 12326H 1194 '�20 Civic. Center Plaza m •b {� RDea IN eFRICIAL R Santa Ana,, CA 92701. '� °r� EXEMPT OF (I on oRpNAa COUNTY, CALI=FORNISA k Portion, F.C.C. Monitoring ° �6 Q5 G 12 PMAUG 8 1977 Station, Santa Ana P. Z- Calif -598C L VUE CARLrti: Cuunty Rwvder ' RETURN RECORDED DOCUMENT TO: DO =MENTARY TRANSFER TAX $EXEMPT CITY OF SANTA ANA QUITCLAIM DEED Deputy C1 erX"OrYTie THE UNITED STATES OF AMERICA, acting by and through the Secretary of the Interior, acting by and through the Director. Bureau of Outdoor Recreation, under and Pursuant to the power and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 {63 Stat. 337), as amended; and particularly as amended by Public Law 485, 91st Congress, and regulations and orders promulgated thereunder (hereinafter designated "Grantor "), for and in 0 consideration of the perpetual use of the hereinafter described premises as and for public park and public recreation area purposes, by the City of Santa M Ana (hereinafter designated "Grantee "), does hereby release and quitclaim to a Grantee, and to its successors and assigns, all Grantor's right, title and Interest in and to the following described property located in Orange County, California and consisting of approximately 21.65 acres: O Begin a portion of Section 22, Township 5 South, Range 10 West, Commencing at a point In the Easterly Line of the Santa Ana River, as shown on Record of Survey Map No. 3061, recorded at the Office S' of the Recorder, .County of Orange on January 31, 1966, Record of Survey Map Book 95, Page 2B; where the Center Line of Edinger Avenue intersects said Easterly Line; thence, easterly along said Center Line of Edinger Avenue N. 88° 50' 00" E., 1390.00 ft, to a point, thence S. 1° 10' 00" E., 52.00 ft., to a point in the Southerly Lino of Edinger Ave., said point also being the True Point of Beginning; thence easterly along said Southerly Line of Edinger Avenue N. 88° 50' 00" E., 869.11 ft, to the beginning of a tangent curve to the southeast with a radius of 948.00 ft.; thence easterly and southeasterly along said tangent curve through a central angle of 120 14' 17" an arc length of 208.51 ft. to a point in the Westerly Line of the Orange County Flood Control District Channel as shown an aforementioned Record of Survey Maps thence southwesterly along said Westerly Line of the O.C.P.C.D. Channel S. 15° 52' 12" W., 1074.31 ft., to a point in said Westerly Line of O.C,F.C.D. Channel; thence westerly along a line S. 88° 50' 00" W., 761,19 ft, to a point; thence northerly along a line perpendicular to the last described 'line N. 1° 10' 00" W., 1050,00 ft, to the True Point of Beginning. To Have and to Hold the herainbefore described property, subject to the reservations, exceptions, restrictions, conditions and covenants herein expressed and set forth unto the Grantee, its successors and assigns, forever. The hereinbefore, described property is granted by the Grantor to the Grantee subject to any and all outstanding easements for streets, utility systems, rights -of -way, railroads, pipelines, and /or covenants, restrictions, reservations, conditions, and agreements of record which now exist affecting the foregoing described premises. The Grantor expressly excepts and reserves all oil, gas, and mineral rights and deposits in said land to the Grantor or to such person(s) as may be authorized by the Grantor to prospect, mine, and remove such deposits from the hereinbefore described property under applicable laws. Pursuant to authority contained in the Federal Property and Administrative Services Act of 1949, as amended, and applicable rules, regulations and orders promulgated thereunder, the General Services Administration determined the property to be surplus to the needs of the United States of America and assigned the property to the Department of the Interior for conveyance to the Grantee. It is Agreed and Understood by and between the Grantor and Grantee, and the Grantee by its acceptance of this dead, does acknowledge its understanding of the agreement, and does covenant and agree for itself, and its successors and assigns, forever, as follows: C � � �, '' rxHxsxm c BK 12326P61 195 1. This property shalt be used and maintained for the public purposes for which it was conveyed in perpetuity as set forth In the program of utilization and plan contained in the appli- cation, submitted by the Grantee on November 19, 1475 which program and plan may be amended from time to -time at the request of either the Grantor or Grantee, with the written concurrence of the other party, and such amendments will be added to and becorm a part of the original application. 2. The Grantee shall, within 6 months of the date of the deed of conveyance, erect and maintain a permanent sign or marker near the point of principal access to the conveyed area Indicating that the property is a park or recreation area and has been acquired from the Federal Government for use by the general public, 3. The property shall not be sold, teased, assigned, or otherwise disposed of except to another eligible governmental agency that the Secretary of the Interior agrees in writing can assure the continued use and maintenance of the property for public park or public recreational purposes subject to the same terms and conditions in the original instrument of conveyance, However, nothing in this provision shall preclude the Grantee from providing related recreational facilities and services compatible with the approved application, through concession agreements entered into with third parties, provided prior concurrence to such agreements is obtained In writing from the Secretary of the Interior. 4. From the date of this conveyance, the Grantee, its successors and assigns, shall submit biennial reports to the Secretary e the Interior, setting forth the use made of the property during the preceding two -year period, and other pertinent data establishing its continuous use for the purposes set forth above, for 10 consecutive reports and as further determined by the Secretary of the Interior. 5, If at any time the Grantor shall determine that the premises herein conveyed, or any part thereof, are needed for the national defense, all right, title and interest in and to said premises, or part thereof determined to be necessary to said national defense, shall revert to and become the property of the Grantor. 6, As part of the consideration for this Deed, the Grantee covenants and agrees for itself, its successors and assigns, that: (1) the program for or in connection with which this Deed is made will be conducted in compliance with, and the Grantee, its successors and assigns, will comply with all requirements imposed by or pursuant to the regulations of the Department of the Interior as in effect on the date of this Deed (43 C.F.R. Part 17) issued under the provisions of Title VI of the Civil Rights Act of 1464; (2) this covenant shall be subject in all respects to the provisions of said regulations; (3) the Grantee, its successors and assigns, will promptly take and continue to take such action as coy be necessary to effectuate this covenant; (4) the United States shall have the right to seek judicial enforcement of this covenant; (5) the Grantee, its successors and assigns, will (a) obtain from each other person (any legal entity) who, through contractual or other arrangements with the Grantee, its successors or assigns, is authorized to provide services or benefits under said program, a written agreement pursuant to which such other person shall, with respect to the services or benefits which he is authorized to provide, undertake for himself the same obligations as those imposed upon the Grantee, its successors and assigns, by this covenant, and (b) furnish a copy of such agreement ' 6� 12326P6 1 156 to the Secretary of the Interior, or his successor; (6) this covenant shall run with the land hereby conveyed, and shall in any event, without regard to technical classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and equity for the benefit of, and in favor of the Grantor and enforceable by the Grantor against the Grantee, its successors and assigns; and (7) the Grantor expressly reserves a right of access to and entrance upon, the above described property in order to determine compliance with the terms of this conveyance. 7. In the event that there is a breach of any of the conditions and covenants herein contained by the Grantee, its successors and assigns, whether caused by the legal or other inability of the Grantee, its successors and assigns, I t perform said conditions and covenants, or otherwise, all right, title and interest in and to the said premises shall revert to and become the property of the Grantor at its option which in addition to all other remedies for such breach shall have the right of entry upon said premises, and the Grantee, its successors and assigns, shall forfeit all right, title and interest in said premises and in any and all of the tenements, hereditaments and appurtenances thereunto belonging; provided, however, that the 'failure of the Secretary of the Department of the Interior to require in any one or more instances complete performance of any of the conditions or covenants shall not be construed as a waiver or relinquishment of such future performance, but the obligation of the Grantee, its successors and assigns, with respect to such future performance shall continue in full force and effect; 8. In the event of reversion of title, the Grantee shall be required to provide protection and maintenance for the property until such time as the title reverts to the Grantor, including the period of any notice of intent to revert. IN WITNESS WHEREGF, the Grantor has caused these presents to be executed in its name and an its behalf this the 30th day of June, 1977, UNITED STATES OF AMERICA Acting by and through the Secretary of the Interior BY FrFralk E. Sylvester onal Director Pacific Southwest Region Bureau of Outdoor Recreation rj OK 123ZEPB 1 157 COUNTY OF SAN FRANCISCO ) ss. STATE OF CALIFORNIA ) On this 30th day of June, 1977, before me, Mary E, Meredith a Notary Public in and for the City and County of San Francisco, State of California, personally appeared .Frank E. Sylvester, known to me to be the Regional Director, Pacific Southwest Region, Bureau of Outdoor Recreation, of the United States Department of the Interior, San Francisco, California, and acknowledged that he executed the within instrument on behalf of the United States of America, acting by and through the Secretary of the Interior. rre.' hAARY E. MEREpITH, 1401411 P, .urme, cauro Anw eBU, +, A� L'C 44.. u,q yrrxcn+n��corwoe in .Ny Camml, lfop E %pi v4eaq tleM4mge Oj �q 3,M MY Commission Expires: R, The foregoing conveyance is hereby accepted and the undersigned agrees, by this acceptance, to assure and be bound by all the obligations, conditions, convenants and agreements therein contained. BY \ a i ., l (I ;� �.. City�T �I This is to certify that the interest in real property conveyed W the deed or grant dated _J` 1 Va%-L _•,,., from ^Ctjga.�p to the City of Santa ,Ana, a polltsaal oorporaiion m111r ems. =« +w =.•�..- agena'y, is hereby accepted by the undersigned offioer or agent on be.- , half of the City Council pursuant to authority con£arred by Resolution No. 69 -156 of the City Council adopted on October 6, 1969, and the grantee consents 'ho recordation thereof 'by its duly authorized officer. Aat ad ,,�tse.t Kg 14i-i BY �r / /4ui�__ i• /(' nr�._ 't1lt City Manager EJC'adg 7/8/77 9K 12326PK 1 198 RESOLUTION NO. 77 -75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING A QUITCLAIM DEED FROM THE UNITED STAPES OF AMERICA PURSUANT TO APPLICATION DATED NOVEMBER 19, 1975, f WHEREAS, THE UNITED STATES OF AMERICA has executed ijlll and delivered a quitclaim deed dated June 30, 1977, conveying to the City Of Santa Ana certain real property for public park and public recreation purposes on the south side of Edinger Avenue east of the Santa Ana River, pursuant to an application for surplus Federal property dated November 19, 1975, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: That the City of Santa Ana accepts said quitclaim deed and the conveyance. thereby made, and the Clerk of the Council is directed to cause said quitclaim deed together with a copy of this Resolution to be recorded in the of#ioe of the County Recorder. ADOPTED this 18th day of _. July ,1977, by the fallowing vote: AYES, COUNCILMEN% Brandt, Carthe, Bricken, Ortiz, Yamamoto, Evens, ward NOES, COUNCILMEN' None ASSENT, COUNCILMEN% None ATTEST% ORIGIN•TA7... MAY OR _.1 I CLERK OF THE COUNCIL APPROVED AS TO FORM% emu•. C E TH L. GQW CITY ATTORNEY .......I:, FLORENCE ... ... ......__. nu��n BC 123�6PG1 1 -9 Mu U1 ltii;_�l U Vll , it i'nti,' 1��rk SA, u'qP 1 � fllYryblln�ApJ mnlp uY Inl tl nn anly,. nlitl 16.ilen. The said Party of the First Part, for and in consideration of the sum of TEN DOLLARS ($10.00), receipt of which is hereby acknowledged, and the conditions, covenants and restrictions herein set forth, and in further consideration of the continuous use and maintenanca of the Premises by the Party of the Second Part as and for a public park for public recreational purposes, and other good and valuable consideration, has remised, released and forever quitclaimed, and by these presents does remise, release and forever quitclaim, unto the Party of the Second Part, and to its successors and assigns, that real property situate in the City of Santa Ana, County of Orange, State of California, described as follows: Those portions of Section 22, Township 5 South, Range 10 West, h in the Rancho Lou BOlsaS, in the City of Santa Ana, as shown a Seonrit Title +a m record& of Orange County, California, and of Lots 1 and 4 of C!!Miff Mra H 0A I.:SGW I'M, SW 330. lFar-s gf NO. tI:•3t43•r.5¢5 s . . .. _ nPf,5e`r-r0.�fF'AnN A, P. 11 "N,pip .._.. n,M1P H_ Tract No. 1024, La the City of Santa Ana, as shown on a map , a Portion, FCC Monitoring Station I of Orange County, California, described as follows: Santa Ana, California b06d9037 tst1694 9 -Z -Calif -598 -B , of the river right -of -way of the Nevbert Protection District (City of Santa Ana) ✓ Y •j 1 y, DNED .+ Range 10 West, S.B.B.OM.; thence along said North line North QUITOLASM 880 50' East 1368.951 feet to a point; thence South 10 10° e� THIS DEED made the lot day of June 1969, by and between the 394.426 feet to a point; thence South 000 591 00" East 280.00 UNITED STATES OF AMERICA, acting by and through the ADMINISTRATOR OF feet to a point; thence North 890 20` Weat along the South aR GENERAL SERVICES, under and pursuant to the powers and authority con- 5� ✓`'y on A map thereof recorded in gook 33 at Page 33, Miscellaneous tained in the provisions of the Federal Property and Adminiotrocive c Services Act of 1949 (63 State 377), the Surplus Property Act of 1944 JI river right -of -way of the Nowbert Protection District, said (58 Star, 765), as amended, more particularly by Public Law 616, 80th Easterly line being on the are of a curve concave Northwest- , Congress, approved June 10, 1948, and the regulation$ and orders issued e curve at said point bears South 700 041 58" East; thence pursuant thereto, Party of the First Part, and the CITY OF SANTA ANA, a w, municipal corporation under the laws of the State of California, Party w i ginning. of the Second Part, of . A ` Subject to easement and license for road right -Of -way along WITS ESS9 : The said Party of the First Part, for and in consideration of the sum of TEN DOLLARS ($10.00), receipt of which is hereby acknowledged, and the conditions, covenants and restrictions herein set forth, and in further consideration of the continuous use and maintenanca of the Premises by the Party of the Second Part as and for a public park for public recreational purposes, and other good and valuable consideration, has remised, released and forever quitclaimed, and by these presents does remise, release and forever quitclaim, unto the Party of the Second Part, and to its successors and assigns, that real property situate in the City of Santa Ana, County of Orange, State of California, described as follows: Those portions of Section 22, Township 5 South, Range 10 West, h in the Rancho Lou BOlsaS, in the City of Santa Ana, as shown a on a map recorded in book 51, page 12 of Miscellaneous Maps, m record& of Orange County, California, and of Lots 1 and 4 of a Tract No. 1024, La the City of Santa Ana, as shown on a map , a recorded in book 33, page 33 of Miscellaneous Maps, records I of Orange County, California, described as follows: Beginning at the point of intersection of the Easterly line of the river right -of -way of the Nevbert Protection District with the North line of the Southeast quarter (SE'y) of the Northwest quarter (NW's) of Section 22, Township 5 South, .+ Range 10 West, S.B.B.OM.; thence along said North line North 880 50' East 1368.951 feet to a point; thence South 10 10° e� East 1154 feat to a point; thence South 530 39' 02" West 394.426 feet to a point; thence South 000 591 00" East 280.00 f feet to a point; thence North 890 20` Weat along the South aR line of Lot 4 and its Westerly extension of Tract 1024 as shown 5� ✓`'y on A map thereof recorded in gook 33 at Page 33, Miscellaneous ( 1 Maps, Records of Orange County, California, a distance of t 1600,00 feet to a point in the said Easterly line of the JI river right -of -way of the Nowbert Protection District, said Easterly line being on the are of a curve concave Northwest- , erly having a radius of 23,093.33 feet, the radial to 0014 e curve at said point bears South 700 041 58" East; thence Northeasterly along said curve through a central angle Of 40 631 30" an arc distance of 1,702.906 feat to the point of be- w i ginning. . A ` Subject to easement and license for road right -Of -way along the Northerly 52 feet for Edinger Avenue. G��F RfiCOROEn AT nr:QUE&T,OF Portion, FCC Monitoring Station 59C'9fJ,"3% Santa Ana, California '''( : ()95 9 -Z -041if -598 -B (City of Santa Ana) Excepting therefrom the following described land: Beginning at a point 30 feet South 00 59' 00" East and LO fast South 680 50' West from an iron axle set in the center line of Edinger Avenue on the Westerly extension of the North line of "Tract 507, Santa Ana Gardens 2," as shown on map recorded in Book 20, page@ 11 and 12 of Miseallaneous Maps, records of Orange County, California, said axle being 980.82 feet South 880 50' West from the point of intersection of said North line with the center line of Cornell Avenue as ehown on said map; running thence South 00 59' 00" rant 100 feet; thence South 880 50' West 40 feet; thence North 0o 59' 00" Went 100 feet; thence North 860 501 East to the point of beginning. ALSO SUBJECT to all easements, lions, reservations, exceptions or interests of record or now existing on the premises above described. SAID PROPERTY transferred hereby was duly determined to be our - plus, and wen assigned to the General Services Administration for dis- posal pursuant to the Federal Property and Administrative Services Act of 1949 (63 Star. 377), as amended, and applicable rules and regulations. TO HAVE AND TO HOLD the said premises, with their appurtenances, unto the said Party of the Second Part, its successors and assigns, sub- ject to the reservaeiena, conditions and covenants herein contained. The said Party of the Second Pert does, by the acceptance of this deed, covenant and agree for itself, and its successors and assigns, forever as followst 1) The premises above described shall be forever and con- tinuously used and maintained as and for a public park and pub- lic recreational area, and for these purposes only, in accord- ance with the Application for Public Park, Public Recreational Area and /or Historic Monument of the Party of the. Second Part dated November 18, 1968, copies of which are on file at the offices of the Bureau of Outdoor Recreation, Department of the Interior, in San Francisco, California, and in the offices of the Party of the' Second Part in Santa Ana, California, 2) From the date of this conveyance, the Party of the Second Part, its successors and assigns, shall file biennial reports with the Secretary of the Interior, setting forth the use of the property during the preceding two-year period, and other pertinent data establishing its continuous use of the premises for the purposes set forth above. 3) The Party of the Second Part will not sell, lease, or otherwise dispose of, any of the premises shove described except to another legal governmental agency that the Secretary of the Interior is satisfied can assure the continued use and maintenance of the property as and for a public park for recreational purposes, 4) The Party of the First Part shall have the right dur- ing the existence of any national emergency declarod by the President of the United States of America, or the Congress - 2 - Portion, FCC Monitoring Station g�37 Santa Ana, California b00i; i,,u 695 9- Z- Calif -596 -6 (City of Santa Ana) thereof, to the full, unrestricted possession, control and use or the promises, or any part thereat, without charge, EXCEPT that the Party of the First Part shall be responsible during the period of such use, if occurring within a period of twenty (20) years from the date of this conveyance, for the entire oast of maintaining the premises, or any portion thereof, so used, and shall pay a fair rental for the use of any inatallations or atructurea which have bean added tharato without Federal aid; PROVIOgO, HOWEVER, that if such use is required after the expiration of a period of twenty (20) years from the date of thin conveyance, the Party of the First Part $hall pay a fair rental for the entire Parana of the promises so used, 5) As part of the consideration for this deed the Party of the ,Second Part, by acceptance thereof, covenants and agrees for itself, its successors and assigns, that (1) the program for or in connection with which this dead is made will be conducted in compliance with, and the Party of the Second Part, its successors and assigns, will comply with, and will require any other person (any legal entity) who through contractual or other arrangements with the Perry of the Second Part, its successors or assigns, is authorized to provide Services or benefits under Said program to comply with, all requirements imposed by or pursuant to the tegulA- tiona of the General Services Administration as in affect on Chu data of this dead (41 CPR Subpart 101.6.2) issued under the provisions of Title VI of the Civil Rights Act of 1964; (2) this covenant shall be subject in all respects to the provisions of said regulations; (a) the Party of the Second Pert, its Successors and'asstgna, will promptly take and continue to take such action as may be necessary to effectuate this covenant; (4) the United States shall have the right to seek judicial enforcement of this covenant, and (5) the Party of the Second Part, its successors and assigns, will (a) obtain from each other person (any legal entity) who, through contractual or other arrangements with the Party of Cho Second Part, its successors or assigns, is authorized to provide services or benefits under said program, a written agreement pursuant to which such other person shall, with respect to the services or benefits which he is authorized to provide, undertake for himealf the Same obligations as those imposed upon the Party of the Second Part, its successors and assigns, by this covenant, and (b) furnish the original of such agree- ment to the Secretary of the Interior, or his successor, upon his request therefor. This covenant shall run with the land hereby conveyed, and shall in any event, without regard to technical classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and equity far the benefit of, and in favor of the Party of the First Part and enforceable by the Party of.. the First Part against the Party of the gocand Part, its sucaaseors'and assigns, in the event of any breach of any condition or covenant herein contained, regardless of the cause of such breach, all right, title, and interest in and to the shave described property, in its than existing condition, including all improvements thereon, shall revert to and be- - Fortion, FCC Monitoring Station Santa Ana, California BOOK9C37 par697 9-Z- Calif -598 -11 (City of Santa Ana) come the property of the United States upon demand made in writing by the Secretary of the Interior, or his eucaeaeor in function. In such event the United States shall have the inm,ediate right of entry upon said property, and the Party of the Second Pert, its successors and assigns, shall forfeit all right, title, and interest in said property and in any and all of the tenements, hereditements, and appurtenances thereunto belonging, and shall take such action and execute ouch docuns.nts as may be necessary or required to evidence transfer of title to such property to the United States, The failure of the Secretary of the Interior, or his successor in function, to insist upon complete performance of this condition in any one or more In- stances shall not he construed as a waiver or relinquishment of future performance thereof', but the obliSatien of the Party of the Second Part, its successors and assigns, with respect to such future perform, ante shell continue in full force and effect. IN WITNESS WHEREOF, the UNITED STATES OF AMERICA has caused these presents to be executed as of the day and year first above written, UNITED STATES OF AMERICA Acting by and through the ADMINISTRATOR OF GENERAL SERVICES n ed H, Johnston operty Division Property Management & Disposal Service General Services Administration Region 9, San Francisco, California STATE OF CALIFORNIA ) ( sa: City and County of San Fxgnoiscc ) On this �_I pf 1969, before no, Sigrid E. Anderson, a Ne Cary Public in fox tha Clty and County of Ban Francisco, State of California, erspnally appeared FRED H. JOUNSTON, known 0 me to be the Chief, Real Property Division, Property Manage- ment end Disposal Service, General Services Administration, Region 9, San Francisco, California, and acknowledged that he executed the within instrument on behalf of the United States of America, acting by and throughChe Administrator of General Services, WIT'NZSS my hand and official seal, =Te,, ��.:-r•- --T•w.�- ^."'a.?�+.. Sigrid G. Anderson 7 _ Notary Public . ,� iiC•i.i:? C, i,7;af;iUP1 76BY i'J of 7: (':d ?C.7PNA. 1 in and for the City and County of dn, pv I Or San Francisco, State of California b litl ;M0 My coinmhn:on Enaxn�d.acr:e s, tart Commission Expires: Mar, 3 1971. 4- 9oor 903 i it a E. 3 a { I' iA : AP 1 F 1. . I.: 6894 6c(.t 8384 rnaE 210 Portion PCC Monitoring Station ' Santa Ana, California ' 970alif -5984 (City of Santa Ana) +il A680tUfi0N e.R. AFSaLUiION Of DC4CPIYYION A. P. NUM82R MAP N0, PROIFCT Na. ac PP cattRFO a. '109 -20bi1 9W Parka . OUITCLAIM_ BEER X098 THIS D940 made the let day of September 1987, by and between the UNITED STATES OF •AMERICA, acting by and through the ADMINISTRATOR ry OP GENERAL SERVICES, under and porsuant •,to the powers and authority l`F contained in the provfaions of the Federal Property and Administrative �* Services Act of 1949 (63 Stet, 917), the Surplus Property Act of 1944 L (58 Star; 765); as amended, mare particularly by Public Law 616, 80th ai con MAm, approved June 10, 1946, and the £egulationa and orders issued t1) pursuant thereto, Party of the First Pait, and the CITY OP SANTA ANA, a municipal corporation under the laws of the State of California, Party of the Second Part, . WITN28SETH: . The said Party of the Pirst Part, for and in consideration of the sum of NINETY -FIVg TROUSAND, TWO HUNBRE6 PIFTY DOLLARS ($95,250.00) receipt of which is hereby acknowledged, and in fdrther consideration of the cantinueus use and maintenance of the promised by the Party.of the Second Part W and for a public park for Public recreational pus- poaea, and other good and valuable consideration,, has remised, released and forever quitclaimed, and by these presents does romise,'release And forever qudtolmtm, onto the Party of the Second Part, and to its suc� castors and assigns, that real property situate in the County of Orange, State of California, described as follows: That portion of Lot .I of Tract No.: 1024, am shown on a map recorded in Book 33, page 33 of Miscellaneous Maps, records ° of Orange County; California, described as followtf Beginning at a point an the wait line of sold Lot L which is 166,55 feot,N'orthetly, ciasoured along said West line, from the Southwest corner of said Lot L, and running thence North .00' 59' bb" -West aldeg said West line 105,65 feet; thence North 539 39' 02" East 394,426 feet to a point on a line parallel with the North line of said Lot 1, said parallel Line being 1154 feet Southerly, measured at right angles, from the Coaterline of Edinger Street as shown on said Tract No. 1024; thence North 889 50' 0@! East along said parallel line 761.19 feet to the Bout line a£ that certain Parcel 1, in the deed from W. P. Croddy and Maurine M: Croddy to the United States of America recorded June 9, 1941, in Book 1100 at page• 430 Official Records of Orange. County, California; thence South 150 49' 32" West along Amid East line 359.5224 feet; thence South 899 28' 20" West 978.892 fast to the point of beginning, eoataining 7,115'acroo; mare or leas, SUBJECT TO all easements, liana, reaorvatione, exceptions or interest$ of tecoed orjn6w existing on the premises above ' described, i SAID,fROPERTY transferred hereby was duly detarmined to be surplus, and was assigned to the General SOrvLCeb Administration for disposal pursuant to the Pedaral Property and Administrative Services Act of 1949 (63 Stat, 377), as amended, end applicable rules add w1u�*. a�mx FY a � O• 4 o 3€ oS LL w Portion rc(honito�ing Station Santa Ahe, California S- 2- On11S -59g•A , (City of Santa Ana) TO NAVE AND To SOLD the said premises, with their oppurtenancee, unto the said Party of the Second Part, its successors And assigns, subject to the reservations, conditions and covenants herein contained,((',,�� The said Party of the Second Part does by the acceptance of this V deed covenant and Agree for itself, and its successors and assigns forever, V as £ollnwAt 1) the Premises above desoribed shall be forever and con- tinuously used and maintained as And for a public park and public racreational area, and for these purposes only, in accordance with the Application for Public Park, Public Recreational Area and/or Historic Monument of the Party'of the Second Part dated dAnuary 20, 1967, copies of Which are on file at the offices of the Bureau of outdoor Recreation, Department of the Interior, in San Francisco, California, and in the offices of the Party of the Second Part in Santa Ana, California, " 2) From the date of this conveyoneo, the Party of the Second Part, ita succesodrs and Aaaigose shall file biennial reports with the Secretary "of the Interior, petting forth the use of the prop - arty during the preceding two -year parted, and other portinent data establishing its continuous use of the promises for the purposes .set forth above„ 3) The Party of the Second Part will not sell, lessee or otherwise dispose of, any of the promises above dosaribed except to another local gevernmentnl agency that the Secretary of the Interior is satisfied can Assure the continued use and maintenance of the property as and for a public park for recreational purposes, 4) 'The Party of the First Part shall have the right during the existence of any national emargency declared by the President of the United Statod.of Amorics, or the Congreae cheraof, to the full, unrestricted possession, control and use of tha, premises, or any part thereof, without charge{ EXCRk that the Party of the First Part, shall be responsible during the,peried of such use, if occurring within a period of twenty (20) years from the date of this conveyance, for the entire dost.of maintaining the promises, or any portion thereof, so used, and shall pay a fair rental for the use of any installations or armatures which have been addad thereto without Federal aid; VAdVIDED, HOWEVER, that if such use is required after the exptratlon of a period of twenty (20) years from the date of this conveyance, the Patty of the First Part shall pay a fair rental for the entire portton.of the premieea so used, 5) As part of the consideration for this deed the Party of the Second Part, by acceptance thereof, Covenants and agrees for itself, its auccessorn and asaigna, that (1) .the program for or in connection with which this deed is.made Will be can - ducted 'in compliance with, and the Party of the Second Part, its successors and assigns, will comply with, and will requite any other parson (any legal entity) who through contractual or other arrangements with the Party of the Socodd Part, its sueaeseors -2• y 3 Portion VC Monitoring Station Santa And, California g Se'&3' r,'ra�2,l 2 11 94 -Calif -598 -5 (City of $onto Ana) or assigns, is authorized to provide services or benefits . under ssid program to comply with, all requirements imposed by or•pitfeuaht to'the.regulations of the General services Administration at in affection the date of� this dead (41 CPR Subpart 101 -6.2) issued under -the provisions of Title VI of the Civ11 Rights Act of 1964; (2) this covenant shall be subject in all, reapects to the provisions of said regu- lations; (5) -tbe Party of the Sacaad'Part, its successor and assigns, will promptly take, and continue to take ouch action as may be necessary to affectuata this aovanent; (4) s the United States shall have the right to seek judicial enforcement of this covenant, and (5) the Party of the " Second Part, and assigns, Will (a) obtain from each other person (any legal antity),�whc, through, , contractual of other arrangements with the Party of the Second Part; its successors of assigns, is authorized ,to provide aervioes or benefits under,aaid program, ,a written agreement pursuant to which such other person shall, with -reapact to the services or benefits which he is authorized to provide, undertake for himself the some obligations as those imposed upon the Party of the Second Pare, its Ounnes- aora and assigns, by this covenant, and (b) furnish the original of ouch agreement to the Secretary of the Interior, or his successor, upon his request therefor, This covenant shall run with the land hereby conveyed, '.and shall to any event, witbout regard to technical alaseificatton or desig- nation, legal of otherwise, be binding to the fullest emtent permitted by law and equity far the benefit of, and in favor of the Party of the First Part and enforceable by the Party of the First Part against the Party of the Second Part, its successors and 9ootgns, 6) The Party of the Second Part, its successors and assigns covenant and #Brea as a part of the conaideratibh of this conveyance that they will not use nor permit a use of the land herein conveyed to such a manner an to cause olettro- magnetin radiation capable of causing interference of any kind whatsoever that will impede or dimioiah in any way the efficient monitoring operation of the United State$ Government Monitoring Station located on land adjacent to the land conveyed by this ins troment, She Party of the Second Part, its successors and assigns further covenant and agree not to install or permit to be installed on the land herein described say device or devicea, mechanical, electrical or otherwise causing or likely to cause interference of any kind whatsoever with the reception of radio signala at the aforesaid United States Government Monitoring Station, The Party of the Second Part„ its anaceaoors and assign also covenant'and agree not to build or permit to be built on said land a tower or any othex kind' of structure of more than 100 feet in height above- ground without written per- mission from the Federal Coamunicatioha Commission. The cove - nants in this paragraph 6 shall run With, the land, be binding upon the parties and all persona claiming dpdor,them until such " title as the adjacent Federal Communications Covaateaion moottortug station property is vacated by the gaited States Government. 9 a Portion PCC Monitoring Station ' gonto Aria, California O'u'Ld 3$4 }lt6't2i 9 -£- Calif -398,R (City of Santa Ana) In the event of any breach at any condition or covenant hetein contained, regardless of the cause of such,•breach, all right, title, and interest in end to the abovo - described property,, in its then existing condition, including all improvements thereon, ahell revert to and become the property of the - United States upon demand made in writing by the fj Secretary of the InterLOr, or his successor in function, In .ouch event the Unitud States shall have the immediate right of entry upon said prop- erty, and the Party of the Second Pert, its eudeeasoto and asnigna shall forfeit all right, title, and interest in said property and in any slid all of the tenements, heteditamenta,' and appurtenances therounto belonging, and shall take such action and execute such documents as may be necaseary or required to evidence transfer of title to much property to the United, States. The fuLlure of the Secretary of the Interior, or Ilia successor In function, to insist upon complete performance of this condition in any one or more instandes shall not be conatrued is a waiver or relinquishment of future performance thereof, but the obligation of the Party of the Second Part, its autcammors sod assign,, with respect to such future performance shall continue in full force and effect, IN WITNESS WAVREOF, the UNITED STATES OF AMERICA bas caused these presents to be executed ae of the day and year first obdve Written. UNITED STATES OF AMERICA Acting by and through the ADMINISTRATOR OF GENERAL SERVICES Fred tC hasten Chief, Real Prcp ty Division pro party Management and Disposal Service General Services Administration' Region 9, San Francisco, California STATE OF U11FORNTA ) , ( as: City and County of San Francisco ) On this/ day of 1967, before ate, Sigrid Si ' Anderson, a Notary Public in an for the City and County of San Frano Leco, State of COA Lfornia,•personally appeared FRED R, dONNSTON, known to me to be the Chief, Real Property %Vision,'PTOperty Management & kgPOS41 Service, General Services Administration, Region 9, Son Fraucisco, Califoruia, and acknowledged that be executed the within instrument on behalf Of the United States of America, acting by and through-the Administrator of General Servicaa, , ✓ +t';'15 e,�, Kai WITNESS my hand and official seal. L , Lgrid E, Asdaraoo 6, Notary Public in and fox the City and Coynty of San Francisco, State of California My Commission Expires: March 4, 1969 4 7 , ;h ,q I • I .m m nn .i4; I 76//9'. I� r M /Yd 0.c'1' v L 10[ KUM ThbjMM1P ilnlb nlleshed', rpme1Me. el'M1ibim lln ady gad lFMnWR?- � fa buwrroal A Or 91 ih 11 bw Eohlldelid -{Pb tlMeb fa IAa p "Neih1A� - n L';XHIBI T 2,. -- � 1711ONA99401C 93 640A. I Unit of Pienuk — P -4004 mpellft : m P lnlecliSn Welf ----- PHeOhtlualS%Plp¢G�a �R'.PtlWBr sp'. P-pomlem olprm+elrorll` FX IIIIT 3 —p BackAushPipe0ne DdIIIna Arpa -�+� BuppCy lipalipe Equlppiog Atop, 1;1102849,9 OMO 531,6998., -12- Association of California Water Agencies / Joint Powers Insurance Authority P.U. Box 619082, Roseville, CA 95661 -9 082 CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE COVERAGE DOCUMENT. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COVERAGE DOCUMENTS LISTED HEREIN. MEMBER Orange County Water District 15700 Warm Street Fountain Valley, GA 92708 -6930 t.\ wr ) S w. /V­acok - COVERAGE INFORMATION This is to certify that coverage documents fisted herein have been issued to the Member Agency herein for the Coverage period indicated. Not withstanding any requirement, term or condition of any contractor other document with respect to which the certificate may be issued or may pertain, the coverage afforded by the coverage documents listed herein is subject to all the terms, conditions and exclusions of such coverage documents. T e of coverage Certificate # Effective Date Expiration Date Limits General Liability MOLC- 100916 1011/2016 101112017 Aggregate $1,000,000 10 Commercial General Liability Per Occurrence $1,000,000 Q Contractual Liability RI Products /Completed Operations © Occurrence Auto Liability MOLC- 100116 10/1/2016 1011/2017 Per Occurrence $1,000,000 RI Owned Autos 0 Hired Autos Z Non -Owned Autos Auto Physical Damage Scheduled Autos Hired Autos { Property yt Special Form rw ° Mobile Equipment e Boiler and Machinery �tittip' t r Crime Workers" Compensation Coverage A - Workers' Comp. Coverage B - Employer's Liability DESCRIPTION Regarding: License Agreement for monitoring well SCS -11 (Santiago Park). Additional Covered Party(ies), as required by written contract: City of Santa Ana, its officers, employees, agents, volunteers and representatives, per attached Addendum, CERTIFICATE HOLDER CANCELLATION Should any of the coverage documents herein be cancelled before the expiration date thereof, ACWA /JPIA will c„.t.,^.,. *^ provide 30 days written notice to the certificate holder named herein. City of Santa Ana Parks, Recreation & Community Services Agency AUTHORIZED REPRESENTATIVE DATE 26 Civic Center Plaza Santa Ana, CA 92701 8/10/2016 Z���� for the ASSOCIATION OF CALIFORNIA WATER AGENCIES JOINT POWERS INSURANCE AUTHORITY MEMBER: Orange County Water District COVERAGE PERIOD: 10/1/2016 10/1/2017 ADDENDUM DATE: 110/11/2016 ADDENDUM NUMBER: 22 Change in the following Sections: Section 111. WHO IS COVERED is amended to include the following entity(ies) as an Additional Covered C4ywf Santa Ana, its officers, employees, agents, volunteers and representatives, as required bywritten contract. Additional Covered Party(ies) is covered only if the liabifity is caused M whole or in part by the acts or omissions of the Member Agency and excludes coverage for the sole negligence of the Additional Covered Party(ioo), and subject tou$1.00U.U8Q per occurrence and annual aggregate limit cfliability. Section VI. CONDITIONS (G). OTHER COVERAGES is amended to read:� Fhe coverage afforded in this Memorandum of Liability is primary to and will not seek contribution from any other insurance available to an Additional Covered Party(ies) under the Memorandum of Liability provided that: (1) The Additional Covered Party(iem)ia(an*)a Named Insured under such other insurance, and (2) is required in avvrittmm contract or agreement. The following is dded to Section VI. CONDITIONS (1). WITHDRAWAL/CANCELLATION: m the Authority elects nz cancel this coverage before the stated expiration date, the Authority will provide the Additional Covered Party(ies) at least thirty (30) days prior written notice, as required by a written contract or agreement. Regarding: License Agreement for monitoring well SCS-11 (Sum1iagoPark). Signed By: /,/- Date: 8/1{V2{16 (Authorized Represent�tiv�)