HomeMy WebLinkAbout _ 4.11(i)--License Agreement - Pacific Gas and Electric Company GI �" Y � F
� � � ° � � � " � � CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: April 18, 2023 FROM: Chuck Aukland,Public
ITEM NO. 4.11(i) Works Director
***APPROVED BY***
ukl�n�l,H'ciblic Wc�aks L'�ireGt ' 4.�'6/2423 t�a�e �, e, ss � �r 4/l l(2023
caulcland@ci.redding.ca.us btippin@cityofredding.org
SUBJECT: 4.11(i)--Approve License Agreement with Pacific Gas and Electric Company for
a temporary construction sta in area at 9787 Abernathy Lane
Recommendation
Authorize the following actions relative to the License Agreement with Pacific Gas and Electric
Company at 9787 Abernathy Lane (Assessor's Parcel Number 109-040-049) to be used as a
temporary construction staging area for a term beginning Apri124, 2023, and terminating on J�uly
31, 2023, with an option to extend on a month-to-month basis for up to three months:
(1) Approve and authorize the Public Works Director or designee to execute the License
Agreement; and
(2) Find that this action is categorically exempt from environmental review under the
California Environmental Quality Act Guidelines, per Section 15301 — Existing
Facilities.
Fiscal Impact
Pursuant to the terms of the License Agreement, Pacific Gas and Electric Company(PG&E) will
pay monthly rent in the amount of$500 to the City of Redding (City). Lease proceeds are Solid
Waste Utility revenue and should generally be utilized for Solid Waste projects as appropriated
by the City Council.
Alternative Actzon
The City Council (Council) may choose not to approve the License Agreement and require
PG&E to seek an alternate location for a construction staging area, or provide alternate direction
to staff.
Report to Redding City Council Apri112, 2023
Re: 4.11(i)--License Agreement-Pacific Gas and Electric Company Page 2
Background/Analysis
PG&E would like the exclusive right to approximately 90,000 square feet at 9787 Abernathy
Lane (Licensed Area) for a temporary construction staging area to facilitate its Kilarc-Deschutes
60kv Idle Reinoval Project for a period of three months, commencing on Apri1 24, 2023, and
ending on July 31, 2023. During this time, PG&E will have the right to place gravel and use the
area for material/equipment laydown and staging purposes. This wi11 include the right to park
vehicles, locate construction trailers, store materials and equipment, and to erect and maintain
temporary fencing and gates. The subject area is currently vacant and will not be needed for City
use during this time period.
Upon signing the agreement, PG&E will pay the City $1,500 for the three-month period. Under
the terms of the License Agreement, PG&E will have the right to extend the terms on a month-
tamonth basis at $500 a month for up to three months by giving the City written notice of its
intentions.
The agreement has been approved as to form by the City Attorney.
Environmental Review
Staff has reviewed the action and determined that the activity is categorically exempt from
environmental review under the California Environmental Quality Act Guidelines, per Section
15301 - Existing Facilities. The City will lease the property to PG&E for limited use and no
permanent structures are proposed. The activity will be temporary and will result in negligible
expansion of use. The property has no underlying value for sensitive environmental resources,
and the project has no potential to have a significant effect on the environment.
Council Priority/City ManageN Goals
This agenda item is a routine operational item.
Attachments
^License Agreement
^Exhibit A
^Notice of Exemption
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, the "License", is made as of the _ day of April
2023 by and between the City of Redding, a Municipal Corporation, (hereinafter referred to
as "�icensor") and Pacific Gas and Electric Company, hereinafter referred to as
"Licensee". Licensor and Licensee are hereinafter sometimes referred to collectively as
"Parties".
RECITALS
A. Licensor is the legal owner of real property commonly referred to as APN
109-040-049, 9787 Abernathy �ane, located in the County of Shasta, State of California
referred to as Parcel A, as shown on Parcel Map No. 348-73 for Carroll H. Funk filed on
May 14, 1973 in Book 3 of Parcel Maps, Page 41, Shasta County records (herein referred
to as "the City Property").
B. Licensor and Licensee desire to enter into an agreement whereby Licensor
will license a portion of the City Property, more particularly shown on Exhibit A attached
hereto and made a part hereof, to the Licensee for operation of a staging/construction
storage area.
NOW, THEREFORE, for valuable consideration given, the Parties hereby agree as
follows:
1. GRANT. Pursuant to the terms and conditions set forth herein, the Licensor
does hereby license to the Licensee, and the Licensee hereby agrees to license from the
Licensor, the property delineated on the maps attached as Exhibit A. The licensed land
shall hereinafter be referred to as the "Licensed Property".
2. TERM. The term of this �icense shall begin on the 24t'' day of April 2023
and terminate on the 31St day of July 2023 (herein referred to as "Term"). The Licensee
shall have the right, subject to the terms herein, to extend the Term on a month-to-month
basis for up to 3 months by giving the Licensor written notice of its intentions prior to the
expiration of the Term. This agreement shall be irrevocable during the Term, except in the
case of material breach of the terms and conditions of this agreement.
3. USE. Licensee shall have the exclusive right to use the Licensed Property
and the right of ingress to and egress from the Licensed Property. Licensee shall have the
right to erect and maintain temporary fencing and gates with a locking device to enclose
the Licensed Property. The activities allowed under this License are as follows: to gravel
and use for laydown and staging purpose. This shall include the right to park vehicles,
located construction trailers, and store materials and equipment on the �icensed Property.
4. RENT. Licensee shall pay monthly rent of Five Hundred Dollars ($500.00)
per month for a total amount of One Thousand Five Hundred Dollars ($1,500.00), payable
in advance and due by the first day of each month. If the term of this License begins on a
day other than the first day of the month, the first month's rent shall be pro-rated based on
a 30-day month. If the term of this �icense ends on a day other than the first day of the
month, the last month's rent shall be pro-rated based on a 30-day month.
5. ENVIRONMENTA� AND INDEMNITY. Licensee will comply with any and
all environmental statutes, rules, regulations and orders either federal, state, or local
including but not limited to such statutes as the Federal Clean Air Act, Resource
Conservation Recovery Act, Comprehensive Environmental Response, Compensation
and �iability Act of 1980, and the Hazardous Materials Transportation Act, as such may be
amended from time to time.
(a) General Indemnitv bv Licensee: Licensee shall indemnify and defend the
Licensor, its officers, officials, employees, agents and volunteers, against
and hold them harmless from any and all claims, losses, damages, civil
penalties, and liability for damages, including attorneys' fees and other
costs of defense incurred by �icensor, whether for damage to or loss of
property or injury to or death of persons(s), including properties of Licensor
and injury to or death of Licensor officers, officials, employees, agents and
volunteers, arising out of or resulting from Licensee's possession or use of
the City Property or activities hereunder or from the actions of Licensee's
officers, employees, agents and invitees, unless such damage, loss, injury
or death is caused by the comparative negligence or willful misconduct of
Licensor.
(b) Environmental Indemnitv: �icensee shall indemnify, defend, and hold
Licensor harmless from any and all claims, losses, damages, liabilities,
fines, penalties, charges, administrative and judicial proceedings, orders
and decrees, judgments, removal and remedial action expenses incurred in
connection therewith, including, without limiting the generality of the
foregoing, reasonable attorney fees and expenses both at trial and/or upon
appeal, arising directly, or indirectly, in whole or in part, out of: (a) the
presence in, on, or under, the Premises of any hazardous material placed
there by Licensee, or activities by Licensee which results in any release,
spill, discharge, disposal, placement or leaching of any hazardous material
on, under, or from, the Premises; or (b) any activity by Licensee on or
undertaken on or off the Premises that has caused an impact to the
condition of the Premises, directly or indirectly, from �icensee's use or
activities, or the activities of any of Licensee's agents, employees, invitees,
or contractors upon the Premises. Without limiting the foregoing, if the
presence of any hazardous material on the Premises caused or permitted
by the �icensee or Licensee's agents, employees, invitees, or contractors,
results in a contamination of the Premises, Licensee shall promptly take all
actions at �icensee's sole expense, which are necessary to return the
Premises to the condition existing prior to the release of any hazardous
material to the Premises.
(c) Survival of Indemnities: The foregoing indemnities shall survive the
expiration or earlier termination of this License. This indemnity shall further
apply to any residual contamination in, on, or under the Premises, or
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affecting any natural resource or to any contamination to the Premises, or
natural resource, arising in connection with the generation, use, handling,
storage, transfer, leaching, disposal, or placement of any hazardous
material, and irrespective of whether any such activities were or will be
undertaken in accordance with any environmental laws (as herein defined).
The term "Hazardous Material" shall mean and include any petroleum or
petroleum related product, hazardous substance, pollutant, contaminant,
hazardous waste, hazardous material, dangerous waste, toxic waste,
asbestos or air pollutant, as any such term or similar term is now or
hereinafter defined, used or understood under any statute, ordinance,
resolution, rule, regulation, decree or order of any governmental entity
which relates in any way to the protection of human health or the
environment (hereinafter call "Environmental Law"). The term
"Environmental Law" shall include, but not be limited to, the Resource
Conservation and Recovery Act (42 USC § 6901 et seq.), the
Comprehensive Environmental Response, Compensation and Recovery
Act (42 USC §§ 7401-7626), the Water Pollution Control Act (33 USC §
1251 et seq.), the Federal Insecticide, Fungicide and Rodenticide Act (7
USC § 136 et seq.), the Toxic Substances Control Act (15 USC § 2601 et
seq.), the Safe Drinking Water Act (42 USC § 300(f) et seq.), and all
California laws pertaining to Hazardous Materials, air, water and soil.
6. UTILITIES. Upon notification to Licensor and subsequent approval,
Licensee, at its own expense, may connect with any and all utility services available to the
Licensor Property and shall be responsible for the payment of said utilities used in its
operations during the Term.
7. PLACE OF PAYMENT/NOTICES. All payments of rent or any notices
herein provided to be made by Licensee to Licensor are to be made in person or by U. S.
Mail, addressed as follows:
City of Redding
Attn: Chuck Aukland
777 Cypress Avenue
Redding, CA 96001
Notices to the �icensee shall be made by mail addressed to the Licensee at:
Pacific Gas and Electric Company
Attn: Jeff Phipps—Senior ROW Agent
850 Stillwater Road
West Sacramento, CA 95605
8. INSURANCE. Licensee shall procure and maintain for the duration of the
Term of this �icense, insurance for claims for injuries to persons or damages to Licensed
Property which may arise from or in connection with the �icensee's operation and or use
of the licensed premises by the Licensee, its members, agents, representatives,
employees, contractors, subcontractors, and invitees. The cost of such insurance shall be
3
borne by the Licensee.
8.1 Minimum Scope of Insurance. Coverage shall be at least as broad
as:
A. Commercial General Liability for bodily injury, personal injury and
property damages, covering no less than all operations of the Licensee, including, but not
limited to, premises-operations, products and completed operations, contractual liability,
independent contractors, broad form property damage (including completed operations)
and explosion.
B. Automobile �iability combined single limits per accident, applicable to
all owned, non-owned, and hired vehicles.
C. Workers' Compensation insurance as required by the State of
California and Employer's Liability insurance. The workers' compensation insurance
policy shall contain a waiver of subrogation in favor of the City of Redding, its officers,
officials, agents, employees, and volunteers.
8.2 Minimum Limits of Insurance. Limits shall be no less than:
A. General Liability: $1,000,000 each occurrence/combined single limits
for bodily injury, personal injury, and property damage. If general liability insurance or
other form with a general aggregate limit is used, the general aggregate limit shall be twice
the required per occurrence limit.
B. Automobile �iability: $1,000,000 per accident for bodily injury,
including death, and property damage.
C. Workers Compensation/Employer's Liability: $1,000,000 per
accident for bodily injury or disease.
8.3 Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by City of Redding.
8.4 Other Insurance Provisions. As applicable, the general liability and
automobile liability policies are to contain or be endorsed to contain the following
provisions:
A. Licensee's insurance coverage shall be primary insurance as
respects Licensor, its officers, officials, employees, agents or volunteers but only as
respects claims arising from the sole negligence of the �icensee.
B. Coverage shall state that Licensee's insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
C. Each insurance policy required by this clause shall state that
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coverage shall not be canceled except after thirty (30) days' prior written notice has been
given to Licensor.
8.5 Verification of Coverage. Licensee shall furnish Licensor with
certificates of insurance and original endorsements effecting coverage required by this
clause. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. Licensee shall have the right to self-insure with respect to the
insurance requirements required under this License. Licensee's self-insurance program is
in full force and effect and in compliance with and subject to all terms, agreements,
covenants, conditions and provisions of this license.
9. SURRENDER. Upon termination of this License the Licensed Property shall
be restored by the �icensee to a condition similar to what existed prior to the
commencement of this �icense, reasonable wear and tear, force majeure and damage by
casualty excepted.
10. TITLE. Licensor does hereby covenant with Licensee that Licensor is
lawfully seized and possessed of the Licensed Property, that �icensor has good and
lawful right to enter into this Agreement, and that �icensor will forever warrant and
defend the title thereto against the lawful claims of all persons.
11. ATTORNEYS FEES. In any dispute between Licensor and Licensee,
whether or not resulting in litigation, the prevailing party shall be entitled to recover from
the other party all reasonable costs, including without limitation, reasonable attorney's
fees. "Prevailing party" shall include without limitation, a party who dismisses an action for
specific perFormance or for damages in exchange for sums allegedly duel, performance for
covenants allegedly breached or consideration substantially equal to the relief sought in
the action, or which receives from the other party, in connection with any dispute,
performance substantially equivalent to any of these.
12. CALIFORNIA LAW. This License shall be governed by and construed in
accordance with the laws of the State of California. Any claim or lawsuit pertaining to this
License shall be filed and litigated only in the Superior Court of Shasta County, State of
California.
13. NO PARTY DEEMED DRAFTER. In the event of a dispute between any of
the parties hereto over the meaning of this License, no party shall be deemed to have
been the drafter hereof, and the principle of law set forth in Civil Code Section 1654 that
contracts are construed against the drafter shall not apply.
14. Pursuant to Revenue and Taxation Code § 107.6, Licensee is hereby
advised that this license may create a possessory interest subject to taxation.
15. EXECUTION OF AGREEMENT. This Agreement may be executed in two
5
or more counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument. Counterparts may be delivered via facsimile,
electronic mail (including pdf or any electronic signature complying with the U.S. Federal
ESIGN Act of 2000, California's Uniform Electronic Transactions Act (Cal. Civ. Code §
1633.1, et seq.) or other applicable law) or other transmission method, and any
counterpart so delivered shall be deemed to have been duly and validly delivered and be
valid and effective for all purposes. With respect to signatures delivered via facsimile or
electronically, each Party shall deliver their original ink signatures to the other Party within
30 days following the mutual execution of this Agreement, provided, that failure to deliver
such original ink signatures shall not affect the validity of the electronic signatures that
were delivered.
IN WITNESS WHEREOF, the Parties have hereunto set their hands the day and
year first above written.
LICENSOR: LICENSEE:
CITY OF REDDING PACIFIC GAS AND ELECTRIC
COMPANY
E-SIGNED by Jeannette Rotz
on 2023-t�4-05 16:03;03 GMT
By:
Chuck Aukland, Jeannette Rotz
Public Works Director Supervisor, Land Acquisition
ATTEST:
Sharlene Tipton, City Clerk
APPROVED AS TO FORM:
Barry E. DeWalt,
City Attorney
By:
6
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Na�°ICE aF Ex�MP�rIQN
TO, ❑ Office ofPlanning and Research FROm: City of Redding
1400 Tenth Street,Room 121 Public Works Department
Sacramento, CA 95814 777 Cypress Avenue
Redding,CA 960Q1
❑x Sllasta County Cle1•k
County of Shasta
P.O.Box 990880, 1643 Market Street
Redding,CA 96099-0880 ,
Praject Title: License A�;reement wit11 Pacific Gas and Electric Campanv '
Project Location—Specific: 9'7$'7 Abernathy Lane '
Project Locatian—City:Reddin�Praject Lacation—County� Slzasta
Descr�ptian af Project: The City of Reddin� will enter inta a License Agreement with Pacific Gas and Electric
Companv (PG&E) for a temporarv canstruction staging area. PG&E is in need of a 9d 000 square foot sta6in� area to
facilitate their Kilarc-Deschutes 60kv Idle Removal Project. Durin� this tirne PG&E will use the area to park vehicles
locate canstruction trailers store materials and ec�uipment and erect and maintain tem�ararv fencin� The License
A�reement has a term af three months, with tlze o�tion to extend manthlv.
Name of Public Agency Appraving Project: City of Reddin�
Narne of Persan or Agency Carrying Out Project:Ken Iwamura, Citv Survey�or
Exempt Statas: (check one)
❑ Ministerial [Section 21Q8Q(b)(1), 15268]
❑ Dec(ared Emergency [Section 21Q80(b)(3), 15269(a)]
❑ Emergency Pra�ect[Section 21080(la)(4); 152&9(b)]
❑ Statutory Exemptions. State code nurnber:
❑ Commc�n Sense Exemption(This project does nat fall within an exempt class,but it can be seen w'rth certainty that there is
no possibzliry thaC the activity may have a significant effeGt on the environment(14 CCR 15061[b][3]).
❑x Categorical Exemption. State type and section numbec. Section 15301. Existin�FaciIities
0 No exceptions apply that woudd bar tlle use of a categorical exemption(PRD 21084 and 14 CCR 15300.2).
Reasons why pro,�ect is exempt> Class 1 exernptions include the operatron, repair maintenance permittin Ig easingi
licensin�, or minor alteration c�f existin� facilities, structures, or tapo�raphrcal features involving ne�li�ible or no
expansion of use, The City wi11 lease the property to PG&E for limited use and no permanent structures are praposed
Tlie activity will be tempararv and will result in negli�i6le expansion of use Tlie pro e.�rty has na underlying value for
sensitrve environmentai resources. and the proiect has no potential to have a significant effect on the enuxronrnent
Le�d Agency Contact Persona Amber Kellev Telephanea 530.225.4046
If Fiied by Applicant:
1. Attach certified dacument of exemptian finding.
2, Has a notice of exemption been filed by tl�e public agency approving tlle project?❑ Yes o No
Signature� ,s��'. ,"':. Date:�`��`�"c��c��
Title. Environmental Com liance Man er
0 Signed by L;ead Agency Date received for filing at QPR:
❑ Signed by Appticant
("I.t�),'l 1i{)[, c�,t. f, ?0?�