07-19-2013 BPU RPT 11 - Laserfiche WebLink

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RIVERSIDE PUBLIC UTILITIES Board Memorandum PUBLIC UTILITIES BOARD OF PUBLIC UTILITIES DATE: July 19, 2013 ITEM NO: 11 SUBJECT: LICENSE AGREEMENTS WITH WESTMINSTER ARLINGTON LLC AND COLE LA, RIVERSIDE CA, LP ISSUE: The item for Board of Public Utilities consideration is approval of two license agreements with Westminster Arlington LLC (Westminster) and Cole LA Riverside, CA LP (Cole) for use of a portion of the Riverside Water Company Canal identified as Assessor Parcel Number 225-350-053, (the "Canal'), located north of Arlington Avenue, Riverside. RECOMMENDATIONS: That the Board of Public Utilities recommend that the City Council: 1. Approve the subject License Agreement with Westminster Arlington LLC; 2. Approve the subject License Agreement with Cole LA Riverside, CA LP; and 3. Authorize the City Manager, or his designee, to execute the License Agreements with Westminster Arlington LLC and with Cole LA Riverside, CA LP. BACKGROUND: The City, through Riverside Public Utilities (RPU), owns the Riverside Water Company Canal (Canal) (Exhibit C). The Canal, as it traverses the Arlington Center Plaza (Center), north of Arlington Avenue, creates a landlocked situation for several parcels located between the Canal and the 91 Freeway. On August 10, 2009, the City entered into License Agreement with Westminster, permitting Westminster access over/above the Canal to be used as part of a retail parking lot. On June 3, 2013, Westminster recorded Parcel Map No. 36424, which in effect split the Westminster parcel bearing APN 225-350-053 into two separate parcels (Exhibit D - Parcel 1 and Parcel 2). Westminster is retaining ownership of Parcel 2 for future retail development; however Parcel 1 (LA Fitness site) was sold to Cole. The parcel split and sale of Parcel 2 to Cole creates the need for new license agreements with Westminster and Cole, (Licensees), permitting continued use of the Canal for ingress/egress and parking purposes. As consideration for use of the Canal, Licensees shall be responsible for the continued maintenance of the canal cover, and keep the Canal free of trash and debris. FISCAL IMPACT: There is no fiscal impact associated with the License Agreements.