HomeMy WebLinkAboutAGENDA REPORT 1991 0320 CC REG ITEM 11K MOORPARK /ITEM Il• K .
PAUL W. LAWRASON JR. er ' .�, STEVEN KUENY
Mayor i��/�l1 City Manager
BERNARDO M. PEREZ � MOORPARK. CALIFORNIA CHERYL J. KANE
Mayor Pro Tem ��� City Counpppll Meeting City Attorney
SCOTT MONTGOMERY -:� �0Alike !TRICK RICHARDS,A.I.C.P.
Councilmember o m of 7./7 199 erector of
JOHN E. WOZNIAK ACTION: /A unity Development
Councilmember `o '�� OFIN F. KNIPE
LILLIAN KELLERMAN City Engineer
City Clerk 8VAt,/& JO N V. GILLESPIE
-c, �IC� hief of Police
RICHARD T. HARE
City Treasurer
MEMORANDUM
TO: The Honorable City Council 7
FROM: Kenneth C. Gilbert, Director of Public Works `-
DATE: March 12, 1991 (Council Meeting 3-20-91)
SUBJECT: Consider an Agreement for the Use of a City-Owned
Electrical Service (Performance Nursery)
OVERVIEW
This presents an Agreement related to use of a City-owned
electrical service by Performance Nursery.
DISCUSSION
A. Background
The City maintains a number of landscaped parkways throughout
the City. One of these parkways is located at the west end of
Inglewood Street (Exhibit 1) . Located immediately to the west
of the Inglewood parkway is property owned by the Southern
California Edison Company (SCE) . The land under the power
transmission lines is leased to several wholesale nursery
companies. That portion of the SCE property adjacent to the
Inglewood parkway is leased by Performance Nursery.
B. Request
The City is in receipt of a request (Exhibit 2) from Performance
Nursery to connect to the City's electrical service for the
Inglewood parkway. In exchange for the privilege of making said
connection, Performance will pay all of the charges for this
service. Staff has contacted SCE and has determined that they
would not object to such a connection.
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
e �
Performance Nursery
March 20, 1991
Page 2
C. Agreement
The attached Agreement sets forth the conditions for this
connection. They include. . .
1. the payment of all connection costs by Performance;
2. the payment of all future invoices of the service;
3. the payment of a deposit to guarantee payment of invoices;
4. the payment of administrative costs related to the prepar-
ation of the Agreement and processing of the request;
5. the granting of a limited Right of Entry to the City; and,
6. indemnification and insurance provisions.
The City Attorney is currently reviewing the draft agreement and
is expected to have this review competed by March 20.
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1. Approve the proposed connection subject to the terms and
conditions set forth in the attached Agreement as may be
amended by the City Attorney.
2. Approve the attached Agreement (as may be modified by the
City Attorney) and authorize the Mayor to Execute same.
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(213) 595-9410 ■ (805) 529-5446
!800) 826-1166 • FAX:(213) 424-2F—
January
24-2F 'January 30, 1991
City Manager
City Hall
799 Moorpark Avenue
Moorpark, CA 93020
Gentlemen:
I operate Performance Nursery located at 12850 Mesa Verde Drive,
in Moorpark.
On Inglewood Avrnue in Moorpark there is a small landscape section
that has irrigation and an electrical timer for the Edison Company .
I would like to propose that the electric bill be put in my name
and I would pay the monthly bills. I would like to be able to use
this electricity to install a timer for the Nursery because of the
water rationing.
I would appreciate it if you would put this on your agenda for
Wednesday, February 6, 1991 .
Very truly yours,
PERFORMANCE NURSERY
Thomas M. Lucas , Owner
TML:mm
P. S. I would also like to discuss the large area of land next to
the Edison lines on the hillside by the creek. At the present time
it is a fire hazard. I would propose to clear the land of brush in
exchange for using this area as growing grounds for my Nursery .
Golden Avenue,Long Beach,Caifcrnia 90806■ 12850 East Mesa Verde Drive, ,f'rnia 93020
MEMBER:CALIFORNIA ASSOCIATION OF NURSERYMEN;CALIFORNIA LANDSCAPE CONTRACTORS ASSOCIATION;CLASS FUND
AGREEMENT
FOR USE OF ELECTRICAL SERVICE
THIS AGREEMENT, made and entered into this day of
19_ by and between the City of Moorpark, a
municipal corporation located in the County of Ventura, State
of California, hereinafter referred to as "CITY" and
Performance Nursery, a California Corporation, hereinafter
referred to as "PERFORMANCE".
WITNESSETH
WHEREAS, CITY possesses an electrical service (Meter Number
3-009731) at 12906 1/2 Inglewood Street (hereinafter referred
to as "SERVICE") to serve a landscape irrigation controller at
said location owned by the CITY; and,
WHEREAS, PERFORMANCE is the ground lease holder of that
portion of the Southern California Edison (SCE) property
identified as AP #506-0-010-615 and located adjacent to the
SERVICE (hereinafter referred to as "ADJACENT PROPERTY") ; and,
WHEREAS, PERFORMANCE operates a nursery on said ADJACENT
PROPERTY and desires to make an electrical connection
(hereinafter referred to as "CONNECTION") to the SERVICE for
the purpose of operating irrigation controllers on the ADJACENT
PROPERTY; and,
WHEREAS, the joint use of the SERVICE by the CITY and
PERFORMANCE is not in violation of any rule or regulation of
SCE; and,
WHEREAS, the CITY and PERFORMANCE desire to construct said
CONNECTION and desire to clearly state the terms and conditions
related thereto.
AGREEMENT
Performance Nursery
Page 2
NOW, THEREFORE, in consideration of the mutual convents,
benefits and premises herein stated, the parties hereto agree
as follows:
1. ELECTRICAL CONNECTION
a. CITY agrees to permit PERFORMANCE to construct a
CONNECTION between the SERVICE and the ADJACENT PROPERTY.
b. Said CONNECTION shall be constructed by a licensed
electrical contractor.
c. Said contractor shall obtain all electrical permits
required for said construction.
d. PERFORMANCE agrees to pay all costs, including all permit
fees, related to the construction of said CONNECTION.
2. PERMITTED USES
PERFORMANCE agrees to limit the type and kind of electrical
appliance to be connected to the SERVICE, to landscape
irrigation controllers and other like devices related to the
landscape nursery use of the property in place on the date
of this Agreement.
3. SERVICE CHARGES
a. PERFORMANCE agrees to pay all charges billed to the
SERVICE, including those charges for electrical energy
used by the CITY.
b. Upon receipt of same, CITY shall forward to PERFORMANCE
all invoices received for the SERVICE.
c. PERFORMANCE shall pay all invoices within ten (10) days
of receipt. If not paid within ten (10) days, CITY
reserves the right to terminate this Agreement in
accordance with the provisions for same set forth herein.
AGREEMENT
Performance Nursery
Page 3
4 . DEPOSIT
a. PERFORMANCE agrees to pay to the CITY a deposit in the
amount of seventy-five dollars ($75.00) , said amount
being equal to the estimated amount of the future
invoices for the SERVICE for a period of three months.
Said deposit shall be paid within ten (10) days of the
date of this Agreement.
b. The City reserves the right to periodically review the
amount of the deposit in order to verify that said
deposit is equal to or greater than the average amount of
the invoices for a three month period. In the event the
amount of the deposit is found to be less than the
average of the invoices for a three month period,
PERFORMANCE shall pay an additional deposit equal to the
difference between the amount of deposit being held by
the CITY and the amount of the revised deposit as
determined by the CITY at its sole discretion.
c. Said deposit, less any final billing costs, shall be
refunded to PERFORMANCE upon termination of this
agreement and removal of the CONNECTION. No interest
shall be paid to PERFORMANCE on any part of the deposit
held by the CITY.
5. ADMINISTRATIVE COSTS
At the time of payment of the deposit required pursuant to
Paragraph 4(a) , PERFORMANCE shall also pay to the CITY the
amount of two hundred dollars ($200.00) , said amount being
equal to the estimated amount of administrative costs
incurred by the CITY in connection with the processing of
the request by PERFORMANCE to make the CONNECTION and the
preparation of this Agreement relating thereto.
6. RIGHT OF ENTRY
a. PERFORMANCE hereby grants to CITY the right to enter upon
the ADJACENT PROPERTY between the hours of 8 :00 A.M. and
5:00 P.M. , Monday through Friday , for the purpose of
inspecting the CONNECTION and the uses thereof. Said
permission also extends to action taken by the CITY to
remove the CONNECTION pursuant to the provisions herein
pertaining to termination.
AGREEMENT
Performance Nursery
Page 4
6. RIGHT OF ENTRY (cont)
b. A Right of Entry permit for CITY access to the ADJACENT
PROPERTY shall also be provided by SCE. Upon execution
of this Agreement, PERFORMANCE shall take steps to secure
said Right of Entry permit from SCE. Failure to secure
said permit within ninety (90) days shall be cause for
termination.
7. TERMINATION
a. This Agreement may be terminated with or without cause by
the CITY or by PERFORMANCE at any time with no less than
thirty (30) days written notice of such termination.
b. In the event of such termination, PERFORMANCE shall
remove the CONNECTION within said thirty (30) day notice
period. Such removal shall be performed by a licensed
electrical contractor. All costs incurred for said
removal shall be paid by PERFORMANCE.
c. In the event PERFORMANCE fails to take action to properly
remove the CONNECTION within said thirty (30) day period,
the CITY may take such action as may be necessary to
remove the CONNECTION. Any cost incurred by CITY for
said removal shall be paid by PERFORMANCE and/or withheld
from any deposit refund due PERFORMANCE.
8 . INDEMNIFICATION
The CITY shall not be called upon to assume any liability
for the use of the SERVICE by PERFORMANCE. PERFORMANCE
shall hold harmless, indemnify and defend the CITY and all
of its officers, employees, and agents from any claim,
demand, damage, liability, loss, cost or expense, for any
damage whatsoever, including but not limited to death or
injury to any person and injury to any property, resulting
from the use of the SERVICE by PERFORMANCE.
AGREEMENT
Performance Nursery
Page 5
9. INSURANCE
PERFORMANCE SHALL secure from a good and responsible company
or companies doing insurance business in the State of
California, pay for, and maintain in full force and effect
for the duration of this Agreement a policy of comprehensive
liability insurance and shall furnish a Certificate of
Liability Insurance to the CITY before execution of this
Agreement. Notwithstanding any inconsistent statement in
the policy or any subsequent endorsement attached thereto,
the protection offered by the policy shall:
a. Include CITY as the insured or named an additional
insured covering their services to be performed under
this Agreement, whether liability is attributable to
PERFORMANCE or CITY.
b. Insure CITY and its officers, employees, servants and
agents while acting within the scope of their duties
under this Agreement against all claims arising out of,
or in connection with, the Agreement.
c. Provide the following minimum limits:
Bodily Injury - $500.000 each person
5500 .000 each occurrence
$500,000 aggregate products
& completed operations
Property Damage - $500.000 each occurrence
5500.000 aggregate
A combined single limit policy with aggregate limits
in the amount of $500,000 will be considered
equivalent to the required minimum limits.
d. Bear an endorsement or shall have attached a rider
whereby it is provided that, in the event of expiration
or proposed cancellation of such policy for any reason
whatsoever, CITY shall be notified by registered mail,
postage prepaid, return receipt requested, not less than
thirty (30) days before expiration or cancellation is
effective.
AGREEMENT
Performance Nursery
Page 6
10. NOTICE
Any notice to be given pursuant to this agreement shall be
in writing, and all such notices and any other document to
be delivered shall be delivered by personal service or by
deposit in the United States mail, certified or registered,
return receipt requested, with postage prepaid, and
addressed to the party for whom intended as follows:
To: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To: Performance Nursury
12850 East Mesa Verde Drive
Moorpark, CA 93020
Attn: Thomas M. Lucas
Either party may, from time to time, by written notice to
the other, designate a different address which shall be
substituted for the one above specified. Notices, payments
and other documents shall be deemed delivered upon receipt
by personal service or upon deposit in the United States
mail.
11. MISCELLANEOUS
a. This Agreement constitutes the entire agreement of the
parties concerning the subject matter hereof and all
prior agreements or understandings, oral or written, are
hereby merged herein. This Agreement shall not be
amended in any way except by a writing expressly
purporting to be such an amendment, signed and
acknowledged by both of the parties hereto.
b. Should interpretation of this Agreement, or any portion
thereof, be necessary, it is deemed that this Agreement
was prepared by the parties jointly and equally, and
shall not be interpreted against either party on the
ground that the party prepared the agreement or caused it
to be prepared.
AGREEMENT
Performance Nursery
Page 7
11. MISCELLANEOUS (cont)
c. No waiver of any provision of this agreement shall be
deemed, or shall constitute, a waiver of any other
provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of
the same provision. No waiver shall be binding, unless
executed in writing by the party making the waiver.
CITY OF MOORPARK: PERFORMANCE NURSERY:
Paul W. Lawrason Jr. , Mayor Thomas M. Lucas, Owner
wp51\rpt\perfnurs.agr