HomeMy WebLinkAboutContracts & Agreements_127-2004_CCv0001.pdf AGREEMENT/LICENSE FOR ENTRY UPON LAND AND
RELEASE FOR USE OF PROPERTY AS A TRAINING SITE
This Agreement is made and entered into this 7 h day of September 2004, by and
between the City of Redlands, a municipal corporation ("City"), and Mountainview
Power Company, LLC, a Delaware limited liability company ("Owner"), who together
are sometimes referred to herein as the "Parties."
RECITALS
A. Owner is the fee owner of certain real property located in the City of
Redlands which is described as the Mt. View Power Plant, a subdivision of Edison
International, and located on the northeast corner of San Bernardino Avenue and Mt.
View Avenue, Redlands, California(APN 0292-231-01-0000) (the "Property"),
B. City desires to conduct Fire Department Rope and Rescue Training on the
Property.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City
of Redlands and Mountainview Power Company, LLC, agree as follows:
AGREEMENT
1. License. Owner grants to City, its employees and agents a license to enter
upon the Property to conduct Fire Department Rope and Rescue Training. City shall
provide ten (10) days prior notice to Owner as to the specific dates its Fire Department
desires to conduct the Rope and Rescue Training.
Term. The term of this Agreement shall commence on September 7, 2004
and end on September 6, 2005.
3. Authorization. City shall secure all authorizations and permits required to
conduct the Rope and Rescue Training and will comply with all applicable federal, state,
regional and local laws, ordinances and regulations.
4. Warranty. It is expressly understood and agreed that City enters the
Property in its "as is" condition, and that Owner makes no representation, covenant,
warranty or promise that the Property is fit for any particular use for which this
Agreement was entered into, and City has not relied on any such representation,
covenant, warranty or promise.
5. Fee. City shall not be required to pay any compensation, fee or money
to Owner for this Agreement or to conduct Rope and Rescue Training.
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15, Assignment. This Agreement is for the sole benefit of City and cannot be
assigned or transferred. Any attempt to do so may cause this Agreement to be terminated
at Owner's discretion.
7. Termination. This Agreement may be terminated immediately at the sole
option and discretion of Owner, and City agrees to peaceably surrender its License under
this Agreement upon demand by Owner or its authorized representative.
8. Restrictions.
A. City shall not engage in, or permit any other person or entity to engage in,
any activity on the Property that violates any federal, state or local law, rule or regulation
pertaining to hazardous, toxic or infectious materials and/or waste ("Hazardous
Materials"). City shall comply with all applicable federal, state, and local laws, rules and
regulations pertaining to disclosure of Hazardous Materials. City shall comply with all
applicable federal, state, or local laws, rules and regulations pertaining to the storage
and/or discharge of Hazardous Materials.
B.
There are numerous sources of power frequency electric and magnetic
field ("EMF"), including household or building wiring, electrical appliances and electric
power transmission and distribution facilities, that may be on or near the Property. There
have been numerous scientific studies about the potential health effects of EMF. Interest
in a potential link between long-term exposures to EMF and certain diseases is based on
the combination of this scientific research and public concerns.
While some 30 years of research have not yet established EMF as a health hazard,
some health authorities have identified magnetic field exposures as a possible human
carcinogen. Many of the questions about specific diseases have been successfully
resolved due to an aggressive international research program. However, potentially
important health questions remain about whether there is a link between EMF exposure
in homes or work and some diseases including childhood leukemia and a variety of other
adult diseases (e.g. adult cancers and miscarriages). While scientific research is
continuing on a wide range of questions relating to exposure at both work and in our
communities, a quick resolution of the remaining scientific uncertainties is not expected.
Because City plans to enter upon and use Owner's Property that is in close
proximity to Owner's electric facilities, Owner wants to share with City and those who
may enter the Property, information available about EMF. Accordingly, Owner has
attached to this document a brochure that explains some basic facts about EMF and that
describes Owner's policy on EMF. Owner also encourages City to obtain other
information as needed to assist City in understanding the EMF issues with respect to its
planned use of the Property.
9. Indemnity.
A. City shall indemnify and hold harmless Owner, its successors and
assigns, together with its officers, directors, employees, agents and those for whom it is
by law responsible (collectively, the "Owner Indemnified Parties"). from and against any
and all liabilities, damages, costs, expenses, causes of action, claims, suits, proceedings
and judgments (collectively "Claims") which the Owner Indemnified Parties may incur
or suffer or be put to by reason of or in connection with or arising from any breach,
violation or non-performance by City of any obligation contained in this Agreement to be
observed or performed by City, or any wrongful act or negligence of City or its agents or
employees which relates to this Agreement, howsoever arising. City acknowledges and
agrees that this indemnity shall survive any termination of this Agreement.
B. Owner shall indemnify and hold harmless City, its successors and
assigns, together with its elected officials, officers, employees, agents and those for
whom it is by law responsible (collectively, the "City Indemnified Parties") from and
against any and all Claims which they may incur or suffer or be put to by reason of or in
connection with or arising from (i) any breach, violation or non-performance by Owner
of any obligation contained in, or relating to, this Agreement to be observed or performed
by Owner and (ii) any wrongful or negligent acts or omissions of Owner, its agents or
employees which give rise to a Claim against City and, in such circumstances, owner
shall defend the City Indemnified Parties from such Claim (in addition to providing its
indemnity). Owner acknowledges and agrees that these indemnities shall survive any
termination of this Agreement.
9. Release. Except as otherwise provided in this Agreement, it is the
intention of the Parties hereto that the releases contained in this Agreement shall be
effective as a bar to all unsuspected actions, causes of action, obligations, costs, expenses,
attorney's fees, damages, losses and claims that may arise relating to the subject matter of
this Agreement. In furtherance of this intention the Parties expressly waive any and all
rights and benefits conferred upon them by the provisions of Section 1542 of the
California Civil code, which reads as follows:
"A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of
execution of the release, which if known by him must have
materially affected his settlement with the debtor."
The Parties hereby acknowledge that he foregoing waiver of the provisions of
Section 1542 of the California Civil Code was bargained for separately. The Parties
expressly agree that the release provisions herein contained shall be given full force and
effect in accordance with each and all of their expressed terms and provisions, including
but not limited to those terms and provisions relating to unknown or unsuspected claims,
demands and causes of action herein above specified. The Parties assume the risk of the
subsequent discovery or understanding of any matter, fact or law which if now known or
understood would in any respect have affected this Agreement.
10. Entire Agreement. This Agreement represents the entire agreement and
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understanding between the Parties and supersedes any and all prior oral or written
agreements between the Parties hereto relating to the subject matter hereof. No other
agreement, statement, or promise made by the Parties or to any employee, officer, or
agent of the Parties shall be binding, except a subsequent amendment to this Agreement,
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in writing, executed by the Parties. All obligations of Owner and City under this
writing,
Agreement shall be joint and several.
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11. Insurance: City agrees to insure against those liabilities which may arise
from its activities hereunder by way of self-insured retention and excess liability
coverage as follows:
A. Excess Liability Insurance with a Limit of not less than $2,000,000. Such
insurance shall: (i) name Owner, its officers, agents and employees as additional
insureds, but only for City's acts or omissions; (ii) be primary for all purposes and (iii)
contain standard cross-liability provisions.
B. Workers' Compensation with statutory limits, in accordance with the laws
of the State of California and Employer's Liability with limits of not less than
$1,000,000.00. City shall require its insurer to waive all rights of subrogation against
Owner, its officers, agents and employees, except for any liability resulting from the
willful or gross negligent acts of Owner.
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City shall request City's insurance broker provide certificates of liability insurance to
Owner, evidencing all appropriate limits of coverage.
12. Attorneys' Fees and Costs. In the event any action is commenced to
enforce or interpret the terms or conditions of this Agreement the prevailing party shall,
in addition to any costs or other relief, be entitled to recover its reasonable attorneys'
fees.
13. Amendment. Any amendment to this Agreement shall be in writing and
executed by the Parties.
14. Governing Law. This agreement shall be governed by and construed in
accordance with the laws of the State of California.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
the date and year first-above written.
CITY OF REDLANDS
sus Peppler, May&
ATTEST:
Lode Poyzer, i C rk
MOUNTALN, VEIW POWER COMPANY,LLC, a Delaware limited liability company
By: Gerard P. Loughman
Title: President
What You Can Do Additional
The CPUC's 1943 decesion(D.93-11-013)addressed possible Information Is
EMF health effects from electric utility facilities.In a situation Available 1
of scientific uncertainty and public concern,the CPUC felt it
appropriate for utilities to take no cost and low-cost measures CE provides free
where feasible to reduce RMF exposure from new or upgraded EMF information
utility facilities.You,too,may want to take no-cost and low-cost packages and i
measures to reduce your EMF exposure at home and at work. home/hustness
Human studies have not produced a consensus about any health measurements upon
request.We also Invite _
benefits from changing the way people use electric appliances.But, you to attend a UES3IOM HANt?)#F�Id MUD ABOUT
if you feel reducing your EMF exposure would be beneficial,you
workshop on EMF at Ylte piyssiblb health effects of WHertz
can increase your distance fnxn electric appliances and/or limit the
our EMS'Education
amount of time you use appliances at home or at work. Center located in (power frequency)elestrlc soil magnetic fields
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For Instance,you can place phone answering machines and electric Irwindale.For any of f (EMP),wt"see(kind wherever you have
clocks away from the head of your bed. these services,please call us at I-800-2004SCE eleckriG wal , t;onfalns
Increasing your distance from these and 1
tv
other appliances such as televislots, x fIllceistartd ilia
computer monitors and microwave ovensAdditional infonna[!on Is also available: ls ---t lyri y
�" ±Il .`.nt "�" Oil fan ttse if
can reduce your EMF exposure. Visit the California Department of Health Services Web page: gid
3 ypu A : u. � tirsure at Boma `
http://www.diu.ca.gov/ehlb/emf
You can also reduce your EMF exposure r F
by.uniting the tlme you spend using Visit the U.S.EMF RAPID Program Web page:
personal appliances such as hair dryers, http://www.nielis.nih.gov/emfrapid ti Campos Elicuicus y MsgnEdeos mr).
electric razors,heating pads and electric - - r SI desea redbir infomur:1on an e9pelloi,comunl�F
Visit the CPUC EMF Web site: can SCE al 1-800441-2233
blankets.You may also want to limit the
http:/IWww.cpucca.gov/static/brdustryienvlronrnent L4'time you spend using electric cooking appliances. m _ lb '`
lelectronetfctfklds/hrdex.htm
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You can locate the sources of EMF in your work environment,and &
spend break time in tower-fleld antes.
It is not known whether such actions will have any impact on your
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health.
This brochure may be reproduced. October 2003 ,,. ik
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Can EMF Harm Your Health? NRPB Magnetic Field Measurements
In 2001,Britain's National Radiation Protection Board(NRPB)
Electric and magnetic fields are present wherever electricity issued a report on the possible relation between EMF and cancer Magnetle F1811011 at HoMe
flows--around appliances and power fines,and In offices, and neurodegenerative diseases.The report Is available at: (Measurements are in miltigauss.)
schools and homes.Many researchers believe that If there is a risk http://www.tirpb,org/pubiltations/documents_ot nrpb ----
t.2'wny ti"awry E4"aKay
of adverse health effects from usual residential exposures to EMF, /pdfs/doc 12 4.pdf 750 40 3
it Is probably Just at the detection limit of human health studies: Microwaveto
nonetheless,the possible risk wan-ants further investigation.The CDHS Oven 3"VD 80 a
varying results from epidemiological studies linking estimated In 1993,a CPUC decislon(D.93-11-013)ordered an EMF ^— a 2 0.1
Clothes : to to
EMF exposures with childhood leukemia are consistent with a research and education program funded by utility ratepayers.The Washer 40Q 30 2 -
weak effect.Laboratory experiments have shown that EMF can CPUC identified the CDHS as the"agency to defLie the research -: —
cause changes in living cells.There Is little evidence that these needed to determine whether there is a clear cause-and-effect Electric 60 4 0.1
a to to to
changes suggest any risk to human health. relationship between EMF from utility property and public 1' $ 2;000 40 t
health."'Ile program funded a survey of magnetic fields In a 400 0.1
The results from many research studies have been reported by both Fluorescent
national and California EMF research programs to find out If sample of RMF exposures,
sures,sa a check list for identifying Jobs with Lamp 4,000 20 3
EMF poses any health risk.Given the uncertainty of the Issue,the likely high EMF exposures,a study of EMF exposure and '
miscarriages,and policy analysis tools addressing EMF Issues Hair 60 t 0.1
medical and scientific communities have been unable to determine to. to to
related to power lines acid schools.View all these reports at: Dryer 20,000 . 70 3
that usual residential exposures to EMF cause health effects or to http://www,dhs.ca.gov/eiiib/enif
establish any standard or level of exposure that Is known to be ::.--25:n._. r20
0.4. 0.1
either safe or harmful. In October of 2002,CD1IS provided the CPUC with a report Television to ., to to
500`: 2
examining the evidence regarding possible EMF risk for some 21 Source:adapted from(Mui er ISIS.
National,International,and California different diseases.This report can be found at
http://www.dhs.ca.goy/ehlb/e mf/RiskFvaluation/riskeyal.ht nil
Scientific Findings Magnetic Fields 91111[$1119Along with the report are public comments on the previous draft (Maximum values may be lower for same California utilities.}
NIERS of the document,Including comments from respected scientists
and researchers experienced on the EMF Issue.Also available is a
The National Institute of Environmental Health Sciences Distribution I to 6o milligauss
.IIS completed a$45-million EMF research program.The May 31,?.002 tetter from the Science Advisory Panel,an
p p Independent group of scientists and researchers chosen by the Lines under the(Erre
final report was submitted to Congress 1n june 1999.The report
CDHS to review the report To obtain a copy of the letter,please -+
can be found at:http:/Jwww.nlebs.rilh.gov/erofrapid Transmission t to 300 miltigauss
visit the aforementioned CDHS site or the CPUC EMP Web site: Lines edge of right-of-way
IARClittp://www.cpue.ca.gov/static/industry/environment
In June 2001,the International Agency for Research on Cancer /electromagnetic+fields/index.htm
(IARC)evaluated extremely low frequency(ELF)W.To see the
report's summary,visit:
http://www-cle date.fr/htdocs/nionographs/vol8O/8O.lmW