Loading...
HomeMy WebLinkAboutAGMT - Southern California Edison (Edison Park & Bike Path License Agmt) LICENSE AGREEMENT Edison Park, Seal Beach Between F SEA( 1ht„ C�=CccKPDgg12,lc_)+l+ I*1 c7b,:otrt • i LICENSE AGREEMENT (Edison Park, Seal Beach) 1. Use 1 2. Term 1 3. Consideration 1 4. Insurance 2 5. Licensor's Use of the Property 2 6. Licensee's Improvements 3 7. Licensee's Personal Property 3 8. Height Limitations 3 9. Access and Clearances 3 10. Parking 4 11. Flammables, Waste and Nuisances 4 12. Pesticides and Herbicides 4 13. Hazardous Waste 4 14. Signs 4 15. Fencing 4 16. Parkways and Landscaping 4 17. Irrigation Equipment 4 18. Underground and Above-Ground Tanks 5 19. Underground Facilities 5 20. Utilities 5 21. Taxes, Assessments and Liens 5 22. Expense 5 23. Assignments 5 24. Compliance with Law 5 25. Governing Law 5 26. Indemnification 5 27. Termination 6 28. Events of Default 6 29. Remedies 7 30. Non-Possessory Interest 7 31. Waiver 7 32. Authority 7 33. Attorneys' Fees 7 34. Electric and Magnetic Fields ("EMF") 7 35. Notices 8 36. Recording 8 37. Complete Agreement 8 EXHIBIT "A" THE PROPERTY EXHIBIT "B" GUIDELINES FOR PARK USE AND STANDARD LICENSEE IMPROVEMENTS S7296-0001\1529729v2.doc LICENSE AGREEMENT THIS AGREEMENT, made as of March 25, 2013, between SOUTHERN CALIFORNIA EDISON COMPANY (SCE), a corporation organized under the laws of the State of California, hereinafter called "Licensor", and CITY OF SEAL BEACH, a California charter city, hereinafter called "Licensee"; WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby give to Licensee the license to use that certain real property located in the City of Seal Beach, County of Orange, State of California and depicted on Exhibit "A," which is attached hereto and made a part hereof ("the Property") solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth. SUBJECT TO: Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record including but not limited to, the following: A. An unrecorded license for water well, to the Los Angeles County Flood Control District, dated June 1, 1967. 1. Use: Licensee will use the Property for Park purposes only and consistent with Exhibit `B" to this Agreement. Licensor makes no representation, covenant, warranty or promise that the Property is fit for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee's failure to make such use of the Property as determined by the Licensor in its sole discretion, will be grounds for immediate termination of this Agreement in accordance with Article 27. 2. Term: This Agreement is effective as of July 1, 2012 and shall continue until the first day of July, 2017 unless otherwise terminated as provided herein. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the c Licensee places on or makes to the Property, or for any other reason. 3. Consideration: Licensee will pay to Licensor the sum of Two Thousand And 00 / 100 Dollars ($2,000.00) upon the execution and delivery of this Agreement with subsequent annual payments to be made as follows: Yearly Payment Due Term Year Due Amount First Day Of Second Year 2013 $2,000.00 September Third Year 2014 $2,000.00 September Fourth Year 2015 $2,000.00 September Fifth Year 2016 $2,000.00 September -1- 5 7296-0001\1529729v2 d oc All payments subsequent to the initial payment will be paid to the Southern California Edison Company, Post Office Box 800, Rosemead, California, 91770, Attention: Corporate Accounting Department- Accounts Receivable. All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten percent(10%) of the amount due. 4. Insurance: During the term of this Agreement, Licensee shall maintain the following insurance: (a) 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. Licensee shall require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor. (b) Commercial General Liability Insurance, including contractual liability and products liability, with a combined single limit of$2,000,000.00. Such insurance shall: (i) name Licensor, its officers, agents and employees as additional insureds, but only for Licensee's acts or omissions; (ii) be primary for all purposes and (iii) contain standard cross-liability provisions. (c) Commercial Automobile Insurance with a combined single limit of $1,000,000.00. Such insurance shall: (i) cover the use of owned, non-owned and hired vehicles on the Property and (ii) name Licensor, its officers, agents and employees as additional insureds. Licensee shall provide Licensor with proof of such insurance though the California Joint Powers Insurance Authority or issued by an insurance company with an A.M. Best's insurance rating of A-VII or better, by submission of certificates of insurance, pursuant to Section 35 "Notices," no later than ten (10) days following the effective date of this Agreement. Such insurance shall not be canceled nor allowed to expire, nor be materially reduced without thirty (30) days prior written notice to Licensor. Licensee can also opt to provide certificates of self-insurance, covering in all instances the required insurances above, so long as Licensee maintains a credit rating of BBB by Standard & Poor's or Baa3 by Moody's or better. Licensee shall provide Licensor with certificates or letters of self-insurance, in a form acceptable to Licensor no later than ten (10) days following the effective date of this. In the event that Licensee shall elect to self-insure as provided for herein above, any such self-insurance or self-insured retentions shall provide Licensor with all rights and benefits that would be provided by traditional insurance required under the terms of this Agreement; including, but not limited to, the defense obligations that insurers are required to or normally undertake in liability policies. 5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and assigns, have the right to enter upon the Property, at any time, for any purpose, and the right to conduct any activity on the Property. Exercise of these rights by Licensor, its successors and -2- 57296-0001\1529729v2.doc assigns, will not result in compensation to Licensee for any damages whatsoever to personal property and/or crops located on the Property. 6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval, complete improvement plans, including grading plans, identifying all existing and proposed improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee must submit, for Licensor's prior written approval plans for any modifications to such improvements. Written approval may be modified and/or rescinded by Licensor for any reason whatsoever. At any time, Licensee may be required to modify and/or remove any or all such previously approved improvements at Licensee's risk and expense and without any compensation from Licensor. Licensor is not required, at any time, to make any improvements, alterations, changes or additions of any nature whatsoever to the Property. Licensee expressly acknowledges that any expenditures or improvements will in no way alter Licensor's right to terminate in accordance with Article 27. 7. Licensee's Personal Property: All approved equipment and other property brought, placed or erected on the Property by Licensee shall be and remain the Property of Licensee, except as otherwise set forth herein. If Licensee is not in default hereunder, Licensee shall have the right to remove the same from the Property at any time prior to the expiration or earlier termination of this Agreement; provided, however, that Licensee shall promptly restore any damage to the Property caused by the removal. If Licensee is in default, however, such equipment or other property shall not be removed by Licensee without Licensor's written consent until Licensee has cured such default, and Licensor shall have a lien thereon to the extent thereof. 8. Height Limitations: Any equipment used by Licensee or its agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as to maintain a minimum clearance of twenty-five (25) feet from all overhead electrical conductors. All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15) feet. If requested by Licensor, Licensee will remove, at Licensee's expense, any tree and/or other planting. 9. Access and Clearances: Licensee will provide Licensor with adequate access to all of Licensor's facilities on the Property and at no time will there be any interference with the free movement of Licensor's equipment and materials over the Property. Licensor may require Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen (16) feet, together with commercial driveway aprons and curb depressions capable of supporting a gross load of forty (40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on curves by a distance equal to 400/inside radius of curvature. All curves shall have a radius of not less than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances at all times: (a) A 50-foot-radius around suspension tower legs and 100-foot radius around dead- end tower legs. -3- S7296-0001\I 529729v2.doc (b) A 10-foot-radius around all steel and wood poles. NOTE: Additional clearance may be required for structures. 10. Parking: Licensee will not park, store, repair or refuel any motor vehicles or allow parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved in writing by Licensor. 11. Flammables, Waste and Nuisances: Licensee will not, nor allow others to, place or store any flammable or waste materials on the Property or commit any waste or damage to the Property or allow any to be done. Licensee will keep the Property clean, free from weeds, rubbish and debris, and in a condition satisfactory to Licensor. Licensee will be responsible for the control of and will be liable for any damage or disturbance, caused by dust, odor, flammable or waste materials, noise or other nuisance disturbances. Licensee will not permit dogs on the Property. 12. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will be made in accordance with all federal, state, county and local laws. Licensee will dispose of all pesticides, herbicides and any other toxic substances declared to be either a health or environmental hazard, as well as all materials contaminated by such substances, including but not limited to, containers, clothing and equipment, in the manner prescribed by law. 13. Hazardous Waste: Licensee will not engage in, or permit any other party to engage in, any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to hazardous, toxic or infectious materials and/or waste. Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and its successors and assigns, harmless from any and all claims, loss, damage, actions, causes of action, expenses and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term, and are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee. 14. Sians: Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. 15. Fencing: Licensee may install fencing on the Property with prior written approval from Licensor. Such fencing will include double drive gates, a minimum of sixteen (16) feet in width, designed to accommodate Licensor's locks, in locations specified by Licensor. Licensee will ground and maintain all fencing. 16. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to the Property free of weeds and trash. Licensee will maintain parkways and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor. 17. Irrigation Equipment: Any irrigation equipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment and other structures, is the property of Licensor and will remain on and be -4- 57296-0001\1529729v2.doc surrendered with the Property upon termination of this Agreement. Licensee will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense. 18. Underground and Above-Ground Tanks: Licensee will not install underground or above-ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval. 19. Underground Facilities: Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three-axle vehicle. Licensee will compact any earth excavated to a compaction of ninety percent (90%). Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities. 20. Utilities: Licensee will pay all charges and assessments for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property. 21. Taxes. Assessments and Liens: Licensee will pay all taxes and assessments which may be levied upon any crops, personal property, and improvements, including but not limited to, buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens, including but not limited to, mechanics liens and encumbrances by reason of use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above-mentioned taxes, assessments or liens when due, Licensor will have the right to pay the same and charge the amount to the Licensee. All accounts not paid within 30 days of the agreed upon due date will be charged a "late fee" on all amounts outstanding up to the maximum rate allowed by law. 22. Expense: Licensee will perform and pay all obligations of Licensee under this Agreement. All matters or things herein required on the part of Licensee will be performed and paid for at the sole cost and expense of Licensee, without obligation on the part of Licensor to make payment or incur cost or expense for any such matters or things. 23. Assignments: This Agreement is personal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party. 24. Compliance with Law: Licensee will comply with all applicable federal, state, county and local laws, all covenants, conditions and restrictions of record and all applicable ordinances, zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto. Licensee will obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder. 25. Governing Law: The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California. 26. Indemnification: Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, -5- s7296-0001\1529729v2 doc loss, damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or damage to property, including that of Licensor, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee. 27. Termination: This Agreement may be canceled and terminated by either Licensor or Licensee, at any time, for any reason, upon thirty (30) days notice in writing. Licensee will peaceably quit, surrender and, prior to termination date, restore the Property to a condition satisfactory to the Licensor. Termination, cancellation or expiration does not release Licensee from any liability or obligation (indemnity or otherwise) which Licensee may have incurred. Licensee's continued presence after termination shall be deemed a trespass. 28. Events of Default: The occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee: (a) Any failure by Licensee to pay the consideration due in accordance with Article 3, or to make any other payment required to be made by Licensee hereunder when due. (b) The abandonment or vacating of the Property by Licensee. (c) Any attempted assignment or subletting of this Agreement by Licensee in violation of Article 23. (d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency in connection with Licensee's activities pursuant to this Agreement. (e) A failure by Licensee to observe and perform any other provision of this Agreement to be observed or performed by Licensee, where such failure • continues for the time period specified in a written notice thereof by Licensor to Licensee. (f) Any attempt to exclude Licensor from the licensed premises. (g) The making by Licensee of any general assignment for the benefit of creditors; the appointment of a receiver to take possession of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder where possession is not restored to Licensee within five (5) days; the attachment, execution or other judicial seizure of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder, where such seizure is not discharged within five (5) days. (h) Any case, proceeding or other action brought against Licensee seeking any of the relief mentioned in "clause g" of this Article which has not been stayed or dismissed within thirty (30) days after the commencement thereof. -6- 57296-0001\15 2 972 9 d2.d o c 29. Remedies: In the event of any default by Licensee, then in addition to any other remedies available to Licensor at law or in equity, Licensor shall have the immediate option to terminate this Agreement and all rights of Licensee hereunder by giving written notice of termination to Licensee. Upon termination, Licensor will have the right to remove Licensee's personal property from the Property, including but not limited to, buildings, structures and fixtures. In addition, Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest at the maximum rate permitted by law on such amounts until paid, as well as any other amount necessary to compensate Licensor for all the detriment proximately caused by Licensee's failure to perform its obligations under this Agreement. 30. Non-Possessory Interest: Licensor retains full possession of the Property and Licensee will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 31. Waiver: No waiver by Licensor of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval of any subsequent act by Licensee. 32. Authority: This Agreement is pursuant to the authority of and upon, and is subject to the conditions prescribed by General Order No. 69-C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, which General Order No. 69-C, by this reference, is hereby incorporated herein and made a part hereof. 33. Attorneys' Fees: In the event of any action, suit or proceeding against the other, related to this Agreement, or any of the matters contained herein, the successful party in such action, suit or proceeding shall be entitled to recover from the other party reasonable attorney fees incurred. 34. Electric and Magnetic Fields ("EMF"): 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. 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 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 public health questions remain about whether there is a link between EMF exposures 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 exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected. -7- 57296-0001\1529729v2.doc Since Licensee plans to license or otherwise enter Licensor's property that is in close proximity to Licensor's electric facilities, Licensor wants to share with Licensee and those who may enter the property under this agreement, the information available about EMF. Accordingly, Licensor has attached to this document a brochure that explains some basic facts about EMF and that describes Licensor's policy on EMF. Licensor also encourages Licensee to obtain other information as needed to assist in understanding the EMF with respect to the planned use of this property. 35. Notices: All notices required to be given by either party will be made in writing and deposited in the United States mail, first class, postage prepaid, addressed as follows: To Licensor: Southern California Edison Company Real Properties Department Land Management 2131 Walnut Grove Avenue Rosemead, CA 91770 To Licensee: City of Seal Beach 211 East Eighth Street Seal Beach, CA 90740 Attn: City Manager Business Telephone No. (562) 431-2527 Licensee will immediately notify Licensor of any address change. 36. Recording: Licensee will not record this Agreement. 37. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any addenda and exhibits attached hereto constitute the entire Agreement between the parties. -8- 57296-0001\1529729v2.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the day and year herein first above written. SOUTHERN CALIFORNIA EDISON COMPANY By i•• H• RD FUJIKAWA Right of Way Agent Land Management-Metro Region Real Properties Department CITY OF SEAL BEACH By tsa . "MI I ®` R. INGRAM City Manager Attest: 44, LINDA DEVINE City Clerk Approved as to form: M Quinn M. Barrow City Attorney -9- 57296-0001\1529729v2.doc EXHIBIT "A" THE PROPERTY EXHIBIT"A" Page 1 57296-0001\1529729v2 doc I ,-.:.; i -.6,1::: . m tw w m ,czt 1 gli • mz :13 CP s ! III i a 1/41r- z w sc li II011IIiI w o U = ce o LL N r O o Z • Y Q 0 O W . z I : CL z w 0 0 cc o w 2 f I c G • i �!� z ® z ea i £acOO E 8 K O d Qry Q c.` 1 n w n 6 z E,Y! ; o 1 - S tit on I TG 8 g d 3 2 § 8 O I QoOJ 1 I e ® ® oo �- oa j COLLEGE PARK DRIVE ia E I EXHIBIT "B" GUIDELINES FOR PARK USE AND STANDARD LICENSEE IMPROVEMENTS PARK USE A. Licensee must obtain the prior written approval from Licensor for the installation of any facilities, including any subsequent modifications. Licensee will maintain all facilities in a safe condition satisfactory to Licensor. B. At any time, Licensor may require the relocation of any portion of the facilities. Licensee will relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to relocate from Licensor. C. At Licensee's expense, Licensee will post signs at all access points to the Property that read: "No Kite Flying, Model Airplanes or Metallic Balloons Permitted, High Voltage Wires Overhead." D. At Licensee's expense, Licensee will post signs at all access points of the Property that read: "No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted." E. Licensee must close the park at any time Licensor deems it necessary for the safety of the general public. If it is necessary to close the park for a period of more than three days, Licensee will notify the general public of the closure by posting at all access points to the property. F. At Licensee's expense, Licensee will install removable post-type barriers designed to accommodate Licensor's locks, to prevent unauthorized vehicular use or parking, including but not limited to, motorcycles, off-road vehicles, and "all-terrain"vehicles. G. Trespass discouragers shall be installed on Licensor's towers. The discourager installation will be performed by Licensor. Licensee shall pay Licensor in advance, for all Licensor's direct and indirect costs associated with the engineering, purchase, and installation of the discouragers. All towers shall be equipped with signs so worded as to warn the public of the danger of climbing the towers. Such signs shall be placed and arranged so that they may be read from the four corners of the structure. Such signs shall be neither less than 8 feet nor more than 20 feet above the ground except where the lowest horizontal member of the tower or structure is more than 20 feet above the ground in which case the sign shall be not more than 30 feet above the ground. H. Licensee must design and construct all walkways, underground sprinkler systems, lighting facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three-axle vehicle. EXHIBIT"B" Page 1 57296-0001\1529729v2.doc STANDARD LICENSEE IMPROVEMENTS The following criteria are provided to aid in the development of a conceptual plot plan to be submitted to the Licensor for consideration and approval prior to the start of any construction on Licensor's property. Plans should be developed indicating the size and location of all planned improvements. The plan should specify the dimensions of all planned improvements as well as the distance of all planned improvements from property lines and all adjacent Licensor towers, poles, guy wires or other Licensor facilities. The plan must show the locations of all Licensor towers and poles, 16-foot wide access roads, main water lines and water shut-off valves, electrical service lines and parking areas. All plans must indicate adjacent streets and include a"north arrow" and the Licensee's name. SHADE STRUCTURES (Definition. A non-flammable frame covered on the top with a material designed to provide shade to aid in growing plants) 1. Shade structures must maintain minimum spacing of 50 feet between shade structure locations, should be placed perpendicular to Licensor's overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of: a. 100 feet in length b. 50 feet in width c. 15 feet in height 2. Shade structures will not be permitted within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16-foot wide access roads b. 50 foot radius around suspension tower legs c. 100 foot radius around deadend tower legs d. 10 foot radius around anchors/guy wires, tubular steel poles and wood poles 3. Shade structures must utilize the following design: a. Temporary/slip joint construction only b. Non-flammable frame only c. Adequately grounded EXHIBIT"B" Page 2 57296-0001\1529729v2.doc • d. Shade covering must be non-flammable and manufactured with non-hydrocarbon materials. SHADEHOUSES/HOTHOUSES (Definition: A simple, non flammable, enclosed structure designed to control temperature without the benefit of heating and/or air conditioning units to aid in propagating and/or growing plants) 1. Shadehouses/hothouses must maintain minimum spacing of 50 feet between shadehouse/hothouse locations, should be placed in perpendicular to Licensor's overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of: a. 100 feet in length b. 50 feet in width c. 15 feet in height 2. Shadehouses/hothouses will not be permitted within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16-foot wide access roads b. 50 foot radius around suspension tower legs c. 100 foot radius around deadend tower legs d. 10 foot radius around anchors/guy wires, tubular steel poles and wood poles 3. Shadehouses/hothouses must utilize the following design: a. Temporary/slip joint construction only b. Non-flammable frame only c. Adequately grounded d. Covering must be non-flammable and manufactured with non-hydrocarbon materials GREENHOUSES (Definition: An enclosed structure designed to control temperature and/or humidity by the use of heating and/or air conditioning units to aid in propagating and/or growing plants) Greenhouses will be considered on a case-by-case basis. EXHIBIT"B" Page 3 S7296-0001\1529729v2 doc IRRIGATION SYSTEMS 1. Maximum diameter of pipe: 3 inches 2. All pipe must be plastic Schedule 40 or better 3. No irrigation system will be permitted within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16-foot wide access roads b. 50 foot radius around suspension tower legs c. 100 foot radius around deadend tower legs 4. Sprinkler controllers must be located at the edge of the right of way 5. Suitable identification markers will be required on main controllers and valves 6. Locations of main shut off valve will be provided and shown on a plot plan 7. Underground facilities must have a minimum cover of three feet 8. Earth disturbed must be compacted to ninety percent (90%) LANDSCAPING (Parkways, setbacks, etc.) 1. No trees will be permitted under the overhead electrical conductors or within 10 feet of the "drip line"of the conductors 2. Trees must have slow to moderate growth, and must be of a variety that grows to a maximum height of no more than 40 feet and must be maintained by the Licensee at a height not to exceed 15 feet 3. Placement of large rocks (boulders)must be approved in writing by Licensor 4. Any mounds or change of grade must be approved in writing by Licensor 5. No cactus or thorny shrubs will be permitted 6. Retaining walls, planters, etc., must be approved in writing by Licensor TRAILERS 1. Trailers must meet the following criteria: a. Must have axles and wheel and be able to be moved at any time EXHIBIT"B" Page 4 57296-000111529729v2.doc b. Maximum length: 40 feet c. Maximum height: 15 feet d. Maximum width: 12 feet 2. No trailers will be permitted within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16-foot wide access roads b. 50 foot radius around suspension tower legs c. 100 foot radius around deadend tower legs d. 10 foot radius around anchors/guy wires, tubular steel poles and wood poles e. Under or within 10 feet of the conductor"drip lines" 3. Sewer or gas lines to trailers must be approved in writing by Licensor 4. Location of all electrical and telephone lines must be approved in writing by Licensor 5. Trailers shall not be used for residential purposes 6. Toxic or flammable materials will not be permitted in trailers PARKING AREAS Parking areas should not be designed under the overhead electrical conductors or within 10 feet of the "drip lines" without Licensor's prior written approval. MATERIAL STORAGE 1. In the event of an emergency, Licensee must, within a four-hour period, relocate all materials specified by Licensor in order to provide Licensor clear access to its facilities. 2. Licensee must provide Licensor with a list of material stored on the right of way 3. No toxic or flammable materials will be permitted 4. No materials shall be stored within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16-foot wide access roads b. 50 foot radius around suspension tower legs c. 100 foot radius around deadend tower legs EXHIBIT"B" Page 5 57296-0001\1529729v2.doc d. 10 feet from anchors/guy wires, tubular steel poles and wood poles 5. Maximum height: 15 feet 6. No storage of gasoline will be permitted 7. Storage of diesel fuel on the property may be permitted with Licensor's prior written approval. The following are guidelines: a. Maximum 200 gallon tank(temporary) b. Only above-ground tanks will be permitted c. Tank(with containment basin) must include a 10' x 10' cement pad d. Tanks will not be permitted within the access areas or directly under or within 10 feet of the conductor drip lines. 8. Any fencing around the storage areas must have Licensor's prior written approval EXHIBIT"B" Page 6 s7296-0001\1529729v2.doc LICENSE AGREEMENT Seal Beach Bicycle Path Between OF SEAT l% FS 1o%9 °Qi 140 -li .'` uUNTV �P' City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Southern California Edison Company Real Properties Department — Land Management 2131 Walnut Grove Avenue Rosemead, CA 91770 57296-0001\152977842.doc LICENSE AGREEMENT (Seal Beach Bicycle Path) L Use 2 2. Term 2 3. Consideration 3 4. Insurance 3 5. Licensor's Use of the Property 4 6. Licensee's Improvements 4 7. Licensee's Personal Property 4 8. Height Limitations 4 9. Access and Clearances 5 10. Parking 5 11. Flammables, Waste and Nuisances 5 12, Pesticides and Herbicides 5 13. Hazardous Waste 5 14. Signs 6 15. Fencing 6 16. Parkways and Landscaping 6 17. Irrigation Equipment 6 18. Underground and Above-Ground Tanks 6 19. Underground Facilities 6 20. Utilities 6 21. Taxes, Assessments and Liens 6 22. Expense 6 23. Assignments 7 24. Compliance with Law 7 25. Governing Law 7 26. Indemnification 7 27. Termination 7 28. Events of Default 7 29. Remedies 8 30. Non-Possessory Interest 8 31. Waiver • 8 32. Authority 8 33. Attorneys' Fees 8 34. Electric and Magnetic Fields ("EMF") 9 35. Notices 9 36. Recording 9 37. Complete Agreement 9 EXHIBIT "A" THE PROPERTY EXHIBIT `B" BICYCLE PATH GUIDELINES 57296-000111529778v2.doc LICENSE AGREEMENT THIS AGREEMENT, made as March 25, 2013, between SOUTHERN CALIFORNIA EDISON COMPANY (SCE), a corporation organized under the laws of the State of California, hereinafter called "Licensor", and CITY OF SEAL BEACH, a California charter city, hereinafter called "Licensee"; WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby gives to Licensee the license to use that certain real property located in the City of Seal Beach, County of Orange, State of California and depicted on Exhibit "A," which is attached hereto and made a part hereof ("the Property") solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth. SUBJECT TO: Covenants, conditions, restrictions, reservations, exceptions, rights and, easements, whether or not of record including but not limited to, the following: A. An easement and right of way for confining the waters of the San Gabriel River in a single channel, as conveyed to the Los Angeles County Flood Control District, by an instrument recorded on January 19, 1935, In Book 727, page 328 of Official Records of said Orange County. B. An easement for powerlines and pipelines as granted to the Los Angeles Gas and Electric Corporation, by instrument recorded on February 21, 1925, in Book 562, page 321, of Official Records of said Orange County C. An easement for a valve vault granted to the Industrial Fuel Supply Company, by an instrument recorded on September 14, 1940 in Book 1056, page 549, of Official Records of said Orange County. D. An easement for polelines as granted to the Associated Telephone Company, Ltd., by an instrument recorded on March 1, 1941, in Book 1082, page 261 of Official records of said Orange County. E. An easement for private road purposes granted to Earnest A. Bryant, Jr. Trustee, et al, recorded on March 16, 1954, in Book 2689, page 243 of Official Records of said Orange County. F. An easement for highway slope purposes as granted to the State of California by instrument recorded on June 8, 1953, in Book 2516, page 338 of Official Records of said Orange County. G. A permit as granted to the City of Los Angeles Department of Water and Power for fence grounding conductors, by an instrument dated October 3, 1961. -1- 57296-0001\1529778v2.doc H. An easement for slope purposes as granted, to the Los Angeles County Flood Control District by an instrument dated April 19, 1962 and recorded in Book 6328, page 8181 of Official Records of said Orange County. I. An easement of water pipelines as granted to the Los Angeles County Flood Control District by instrument recorded on March 19, 1971 in Book 9577, page 258 of Official Records of said Orange County (Recorded March 11, 1971 as instrument no. 3434, Book D 4993, page 374 of Official Records of Los Angeles County.) J. An unrecorded License for pipeline purposes as granted to the Southern Counties Gas Company by instrument dated May 1, 1965. K. An easement for pipeline purposes as granted to the Los Angeles County Flood Control District by instrument no. 3435, recorded March 11, 1971 in Book D4993, page 881 of Official Records of Los Angeles County. L. A right of way for road purposes over the north forty (40) feet as granted to Orange County by deed recorded December 31, 1930 in Book 444, page 332 of Official Records. M. An easement for powerlines, water and gas pipes, oil pipelines, conduits, poles and towers, and incidental purposes, as granted to Los Angeles Gas and Electric Corporation, by deed recorded April 21, 1925, in Book 3952, page 202, of Official Records, in the office of the County Recorder of said County. N. An easement for road purposes as reserved in that certain deed to said Edison Securities Company recorded September 15, 1953 as Instrument no. 2298 in Book 42694, page 232, of Official records in the office of the County Recorder of Los Angeles County, as reserved by Ernest A. Bryant, Jr. Trustee, et al, O. An unrecorded license for a carrier manhole as granted to General Telephone Company by instrument dated September 9, 1982. 1. Use: Licensee will use the Property for Bicycle Path purposes only and consistent with Exhibit `B" to this Agreement. Licensor makes no representation, covenant, warranty or promise that the Property is fit for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee's failure to make such use of the Property as determined by the Licensor in its sole discretion, will be grounds for immediate termination of this Agreement in accordance with Article 27. 2. Term: This Agreement is effective as of July 1, 2012 and shall continue until the first day of July, 2017 unless otherwise terminated as provided herein. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the improvements Licensee places on or makes to the Property, or for any other reason. -2- S7296-0001\1529778v2.doc 3. Consideration: Licensee will pay to Licensor the sum of Five Hundred Fifty And 00 / 100 Dollars ($550.00) upon the execution and delivery of this Agreement with subsequent annual payments to be made as follows: Payment Due Term Year Due Yearly Amount First Day Of Second Year 2013 $550.00 July Third Year 2014 $550.00 July Fourth Year 2015 $550.00 July Fifth Year 2016 $550.00 July All payments subsequent to the initial payment will be paid to the Southern California Edison Company, Post Office Box 800, Rosemead, California, 91770, Attention: Corporate Accounting Department- Accounts Receivable. All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten percent(10%) of the amount due. 4. Insurance: During the term of this Agreement, Licensee shall maintain the following insurance: (a) 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. Licensee shall require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor. (b) Commercial General Liability Insurance, including contractual liability and products liability, with a combined single limit of$2,000,000.00. Such insurance shall: (i) name Licensor, its officers, agents and employees as additional insureds, but only for Licensee's acts or omissions; (ii) be primary for all purposes and (iii) contain standard cross-liability provisions. (c) Commercial Automobile Insurance with a combined single limit of $1,000,000.00. Such insurance shall: (i) cover the use of owned, non-owned and hired vehicles on the Property and (ii) name Licensor, its officers, agents and employees as additional insureds. Licensee shall provide Licensor with proof of such insurance though the California Joint Powers Insurance Authority or issued by an insurance company with an A.M. Best's insurance rating of A-VII or better, by submission of certificates of insurance, pursuant to Section 35 `Notices," no later than ten (10) days following the effective date of this Agreement. Such insurance shall not be canceled nor allowed to expire, nor be materially reduced without thirty (30) days prior written notice to Licensor. -3- s7296-0001\1529778v2 doc Licensee can also opt to provide certificates of self-insurance, covering in all instances the required insurances above, so long as Licensee maintains a credit rating of BBB by Standard & Poor's or Baa3 by Moody's or better. Licensee shall provide Licensor with certificates or letters of self-insurance, in a form acceptable to Licensor no later than ten (10) days following the effective date of this. In the event that Licensee shall elect to self-insure as provided for herein above, any such self-insurance or self-insured retentions shall provide Licensor with all rights and benefits that would be provided by traditional insurance required under the terms of this Agreement; including, but not limited to, the defense obligations that insurers are required to or normally undertake in liability policies. 5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and assigns, have the right to enter upon the Property, at any time, for any purpose, and the right to conduct any activity on the Property. Exercise of these rights by Licensor, its successors and assigns, will not result in compensation to Licensee for any damages whatsoever to personal property and/or crops located on the Property. 6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval, complete improvement plans, including grading plans, identifying all existing and proposed improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee must submit, for Licensor's prior written approval plans for any modifications to such improvements. Written approval may be modified and/or rescinded by Licensor for any reason whatsoever. At any time, Licensee may be required to modify and/or remove any or all such previously approved improvements at Licensee's risk and expense and without any compensation from Licensor. Licensor is not required, at any time, to make any improvements, alterations, changes or additions of any nature whatsoever to the Property. Licensee expressly acknowledges that any expenditures or improvements will in no way alter Licensor's right to terminate in accordance with Article 27. 7. Licensee's Personal Property: All approved equipment and other property brought, placed or erected on the Property by Licensee shall be and remain the Property of Licensee, except as otherwise set forth herein. If Licensee is not in default hereunder, Licensee shall have the right to remove the same from the Property at any time prior to the expiration or earlier termination of this Agreement; provided, however, that Licensee shall promptly restore any damage to the Property caused by the removal. If Licensee is in default, however, such equipment or other property shall not be removed by Licensee without Licensor's written consent until Licensee has cured such default, and Licensor shall have a lien thereon to the extent thereof. 8. Height Limitations: Any equipment used by Licensee or its agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as to maintain a minimum clearance of twenty-five (25) feet from all overhead electrical conductors. All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15) feet. If requested by Licensor, Licensee will remove, at Licensee's expense, any tree and/or other planting. -4- 57296-0001\1529778v2.doc 9. Access and Clearances: Licensee will provide Licensor with adequate access to all of Licensor's facilities on the Property and at no time will there be any interference with the free movement of Licensor's equipment and materials over the Property. Licensor may require Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen (16) feet, together with commercial driveway aprons and curb depressions capable of supporting a gross load of forty (40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on curves by-a distance equal to 400/inside radius of curvature. All curves shall have a radius of not less than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances at all times: (a) A 50-foot-radius around suspension tower legs and 100-foot radius around dead- end tower legs. (b) A 10-foot-radius around all steel and wood poles. NOTE: Additional clearance may be required for structures. 10. Parking: Licensee will not park, store, repair or refuel any motor vehicles or allow parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved in writing by Licensor. 11. Flammables, Waste and Nuisances: Licensee will not, nor allow others to, place or store any flammable or waste materials on the Property or commit any waste or damage to the Property or allow any to be done. Licensee will keep the Property clean, free from weeds, rubbish and debris, and in a condition satisfactory to Licensor. Licensee will be responsible for the control of and will be liable for any damage or disturbance, caused by dust, odor, flammable or waste materials, noise or other nuisance disturbances. Licensee will not permit dogs on the Property. 12. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will be made in accordance with all federal, state, county and local laws. Licensee will dispose of all pesticides, herbicides and any other toxic substances declared to be either a health or environmental hazard, as well as all materials contaminated by such substances, including but not limited to, containers, clothing and equipment, in the manner prescribed by law. 13. Hazardous Waste: Licensee will not engage in, or permit any other party to engage in, any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to hazardous, toxic or infectious materials and/or waste. Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and its successors and assigns, harmless from any and all claims, loss, damage, actions, causes of action, expenses and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term, and are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee. -5- 57296-0001\1529778v2.doc 14. Signs: Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. 15. Fencing: Licensee may install fencing on the Property with prior written approval from Licensor. Such fencing will include double drive gates, a minimum of sixteen (16) feet in width, designed to accommodate Licensor's locks, in locations specified by Licensor. Licensee will ground and maintain all fencing. 16. Parkways and Landscapin•: Licensee will keep parkway and sidewalk areas adjacent to the Property free of weeds and trash. Licensee will maintain parkways and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor. 17. Irrigation Equipment: Any irrigation equipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment and other structures, is the property of Licensor and will remain on and be surrendered with the Property upon termination of this Agreement. Licensee will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense. 18. Underground and Above-Ground Tanks: Licensee will not install underground or above-ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval. 19. Underground Facilities: Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three-axle vehicle. Licensee will compact any earth excavated to a compaction of ninety percent (90%). Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities. 20. Utilities: Licensee will pay all charges and assessments for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property. 21. Taxes, Assessments and Liens: Licensee will pay all taxes and assessments which may be levied upon any crops, personal property, and improvements, including but not limited to, buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens, including but not limited to, mechanics liens and encumbrances by reason of use or occupancy by Licensee, or any person claiming under Licensee. if Licensee fails to pay the above-mentioned taxes, assessments or liens when due, Licensor will have the right to pay the same and charge the amount to the Licensee. All accounts not paid within 30 days of the agreed upon due date will be charged a "late fee" on all amounts outstanding up to the maximum rate allowed by law. 22. Expense: Licensee will perform and pay all obligations of Licensee under this Agreement. All matters or things herein required on the part of Licensee will be performed and paid for at the sole cost and expense of Licensee, without obligation on the part of Licensor to make payment or incur cost or expense for any such matters or things. -6- 57296-0001\1529778v2.doc 23. Assignments: This Agreement is personal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party. 24. Compliance with Law: Licensee will comply with all applicable federal, state, county and local laws, all covenants, conditions and restrictions of record and all applicable ordinances, zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto. Licensee will obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder. 25. Governing Law: The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California. 26. Indemnification: Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or damage to property, including that of Licensor, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee. 27. Termination: This Agreement may be canceled and terminated by either Licensor or Licensee, at any time, for any reason, upon thirty (30) days notice in writing. Licensee will peaceably quit, surrender and, prior to termination date, restore the Property to a condition satisfactory to the Licensor. Termination, cancellation or expiration does not release Licensee from any liability or obligation (indemnity or otherwise) which Licensee may have incurred. Licensee's continued presence after termination shall be deemed a trespass. 28. Events of Default: The occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee: (a) Any failure by Licensee to pay the consideration due in accordance with Article 3, or to make any other payment required to be made by Licensee hereunder when due. (b) The abandonment or vacating of the Property by Licensee. (c) Any attempted assignment or subletting of this Agreement by Licensee in violation of Article 23. (d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency in connection with Licensee's activities pursuant to this Agreement. (e) A failure by Licensee to observe and perform any other provision of this Agreement to be observed or performed by Licensee, where such failure -7- S7296-0001\1529778v2 doc continues for the time period specified in a written notice thereof by Licensor to Licensee. (0 Any attempt to exclude Licensor from the licensed premises. (g) The making by Licensee of any general assignment for the benefit of creditors; the appointment of a receiver to take possession of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder where possession is not restored to Licensee within five (5) days; the attachment, execution or other judicial seizure of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder, where such seizure is not discharged within five (5) days. (h) Any case, proceeding or other action brought against Licensee seeking any of the relief mentioned in "clause g" of this Article which has not been stayed or dismissed within thirty (30) days after the commencement thereof. 29. Remedies: In the event of any default by Licensee, then in addition to any other remedies available to Licensor at law or in equity, Licensor shall have the immediate option to terminate this Agreement and all rights of Licensee hereunder by giving written notice of termination to Licensee. Upon termination, Licensor will have the right to remove Licensee's personal property from the Property, including but not limited to, buildings, structures and fixtures. In addition, Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest at the maximum rate permitted by law on such amounts until paid, as well as any other amount necessary to compensate Licensor for all the detriment proximately caused by Licensee's failure to perform its obligations under this Agreement. 30. Non-Possessory Interest: Licensor retains full possession of the Property and Licensee will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 31. Waiver: No waiver by Licensor of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval of any subsequent act by Licensee. 32. Authority: This Agreement is pursuant to the authority of and upon, and is subject to the conditions prescribed by General Order No. 69-C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, which General Order No. 69-C, by this reference, is hereby incorporated herein and made a part hereof. 33. Attorneys' Fees: In the event of any action, suit or proceeding against the other, related to this Agreement, or any of the matters contained herein, the successful party in such action, suit or proceeding shall be entitled to recover from the other party reasonable attorney fees incurred. -8- 57296-0001\1529778v2.doc 34. Electric and Magnetic Fields ("EMF"): 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. 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 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 public health questions remain about whether there is a link between EMF exposures 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 exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected. Since Licensee plans to license or otherwise enter Licensor's property that is in close proximity to Licensor's electric facilities, Licensor wants to share with Licensee and those who may enter the property under this agreement, the information available about EMF. Accordingly, Licensor has attached to this document a brochure that explains some basic facts about EMF and that describes Licensor's policy on EMF. Licensor also encourages Licensee to obtain other information as needed to assist in understanding the EMF with respect to the planned use of this property. 35. Notices: All notices required to be given by either party will be made in writing and deposited in the United States mail, first class, postage prepaid, addressed as follows: To Licensor: Southern California Edison Company Real Properties Department Land Management 2131 Walnut Grove Avenue Rosemead, CA 91770 To Licensee: City of Seal Beach 211 East Eighth Street Seal Beach, CA 90740 Attn: City Manager Business Telephone No. (562) 431-2527 Licensee will immediately notify Licensor of any address change. 36. Recording: Licensee will not record this Agreement. 37. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any addenda and exhibits attached hereto constitute the entire Agreement between the parties. -9- S7296-000111529778v2.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the day and year herein first above written. SOUTHERN CALIFORNIA EDISON COMPANY BY MI RrHA. r FUJIKAWA Right of Way Agent Land Management-Metro Region Real Properties Department CITY OF SEAL BEACH By A. l_ ! '(1 ' Ala t QL R. INGRAM City Manager Attest: ALA,. , 7TH ST. CATHODIC PROTECTION SITE T. 4 S. 15' RD ESMT, — 2+1 \ 175.00' 300.00' I II I \ C/L 10' SLOPE ESMT �' I I ( ALAIYIITOS � %_' \o' WIDE BIKE TRAIL GrtNERA-FIND \, =-< • o S7A7101�1 \\ I . o \ I • I M • I � X I T. 5 S. \ J 100' \ 270.00' 9Z\ `mss n G LEGEND �G1" LANDS OF SOUTHERN CALIFORNIA EDISON COMPANY LANDS OF SOUTHERN CAUFORNIA EDISON COMPANY 0 100 200 [----J BEING LICENSED TO CITY OF SEAL BEACH FOR BIKE TRAIL iiiiiia SCALE IN FEET ® APPROXIMATE TOWER LOCATION (25' CLEARANCE) TOTAL AREA(GROSS) . SQ.FT. 5650 AC. 0.13 EXHIBIT 97 A 55 FACILITY NAME: ALAMITOS - DEL AMO T/L R/W P.I.D. NO. 5012013 J.O. 1.2240 I JAMIN ID: LM-;RE071: LICENSEE: CITY OF SEAL BEACH CITY: SEAL BEACH T.G.: 796/F6 R/P FILE NO.: POADA788F63 I R/P AGENT: ROSLYN DELMAR COUNTY: ORANGE STATE: CA LAND MAPPING: DESIGN EXPRESS SPECIALIST: MAN NGUYEN T/S APPROVAL- - SANDERS MAP NO.: 552114-16 M.S.: 48-88 Geographic Information Services are Real Properties & Administrative Services OTHER REF.: - DATE: 4/1/97 Southern California Edison Company File Name: POADA796F63.DWG EXHIBIT "B" BICYCLE PATH A. Licensee must obtain the prior written approval from Licensor for the installation of any new bicycle path, including any subsequent modifications. Licensee will maintain the bicycle path at all times in a safe condition satisfactory to Licensor. B. At any time, Licensor may require the relocation of any portion of the bicycle path. Licensee will relocate same, at its expense, to a location satisfactory to Licensor within sixty(60) days after receiving notice to relocate from Licensor. C. At Licensee's expense, Licensee will post signs at all access points to the Property that read: "Bicycles Only. No Other Uses Permitted." D. At Licensee's expense, Licensee will post signs at all access points to the Property that read: "No Kite Flying, Metallic Balloons and Model Airplanes Permitted, High Voltage Wires Overhead." E. Licensee must close the path at any time Licensor deems it necessary for the safety of the general public. If it is necessary to close the path for a period of more than three days, Licensee will notify the general public of the closure by posting at all access points to the property. F. At Licensee's expense, Licensee will install removable post-type barriers designed to accommodate Licensor's locks, to prevent unauthorized vehicular use or parking on the Property, including but not limited to, motorcycles, off-road vehicles, and "all-terrain" vehicles. G. Licensee is responsible for all erosion control in connection with the construction, operation, maintenance, and use of the bicycle path, including but not limited to, water flowing onto lands of others. Licensee will perform any work deemed necessary by Licensor to correct any damage to the Property or the lands of others. H. Use of the Property is a joint use with Licensor and other tenants of Licensor. Licensor may use the bicycle path at any time for access to its facilities. EXHIBIT B Page 1 57296-0001\I529778v2 doc CITY OF SEAL BEACH Contract No. 9.3565 (formerly Contract No. 2010) L I C E N S E A G R E E M E N T INDEX 1. USE 2. TERM 3. CONSIDERATION 4. INSURANCE 5 LICENSOR'S USE OF THE PROPERTY 6. LICENSEE'S IMPROVEMENTS 7. LICENSEE'S PERSONAL PROPERTY 8. HEIGHT LIMITATIONS 9. ACCESS AND CLEARANCES 10. PARKING 11. FLAMMABLES, WASTE AND NUISANCES 12. PESTICIDES AND HERBICIDES 13. HAZARDOUS WASTE 14. SIGNS 15. FENCING 16. PARKWAYS AND LANDSCAPING 17. IRRIGATION EQUIPMENT 18. UNDERGROUND TANKS 19. UNDERGROUND FACILITIES 20. UTILITIES 21. TAXES, ASSESSMENTS AND LIENS 22. EXPENSE 23. ASSIGNMENTS 24. COMPLIANCE WITH LAW 25. GOVERNING LAW 26. INDEMNIFICATION 27. TERMINATION 28. EVENTS OF DEFAULT 29. REMEDIES 30. NON-POSSESSORY INTEREST 31. WAIVER 32. AUTHORITY 33. ATTORNEY FEES 34. ELECTRIC AND MAGNETIC FIELDS 35. NOTICES 36. RECORDING 37. COMPLETE AGREEMENT Licensee Copy Contract No. 9.3565 (formerly Contract No. 2010) LICENSE AGREEMENT THIS AGREEMENT, made as of the Z1— day of C1vCV5{ , 20 tv between SOUTHERN CALIFORNIA EDISON COMPANY (SCE), a corporation organized under the laws of the State of California, hereinafter called "Licensor", and CITY OF SEAL BEACH, hereinafter called "Licensee"; WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby give to Licensee the license to use that certain real property described below and depicted on Exhibit "A" attached hereto and made a part hereof the ("Property") solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth. The subject Property is located in the City of Seal Beach, County of Orange, State of California, further described as follows: Those portions of that certain real property described in a grant deed to Southern California Edison Company recorded February 15, 1955, in Book 2963, page 510 of Official Records in the office of the County Recorder of said County, being more particularly described as the Northerly 520.00 feet of the said real property lying Southerly of a line that is parallel with and distant Northerly 1779.52 feet, measured at right angles from the South line of Section 36, Township 4 South, Range 12 West, San Bernardino Meridian, together with that portion of said real property lying Southerly of a line that is parallel with and distant Northerly 950.00 feet, measured at right angles from said South line of Section 36. EXCEPTING THEREFROM the Southerly 300.00 feet as described in the deed from the Southern California Edison Company to the State of California recorded September 15, 1964, in book 7218, page 599, of Official Records in the office of said County Recorder. SUBJECT TO: Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether,or not of record including but not limited to, the following: A. An unrecorded license for water well, to Los Angeles County Flood Control District dated June 1, 1967. 1. Use: Licensee will use the Property for parks and/or public recreation purposes only. Licensor makes no representation, covenant, warranty or promise that the Property is fit for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee's failure to make such use of the Property as determined by the Licensor in its sole discretion, will be grounds for immediate termination of this Agreement in accordance with Article 28. 2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of five (5) years commencing on the first day of September, 2010 and ending on the last day of August, 2015. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the improvements Licensee places on or makes to the Property, or for any other reason. -1- 3. Consideration: Licensee will pay to Licensor the sum of Two Thousand One Hundred Eighty Seven and 00/100 Dollars ($2,187.00) upon the execution and delivery of this Agreement for the first year; Yearly Payment Due Term Year Due Amount First Day Of First Year 2010 $2,187.00 September Second Year 2011 $2,187.00 September Third Year 2012 $2,187.00 September Fourth Year 2013 $2,187.00 September Fifth Year 2014 $2,187.00 September All payments subsequent to the initial payment will be paid to the Southern California Edison Company, Post Office Box 800, Rosemead, California, 91770, Attention: Corporate Accounting Department - Accounts Receivable. All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten percent (10%) of the amount due. 4. Insurance: During the term of this Agreement, Licensee shall maintain the following insurance: (a) 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. Licensee shall require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor. (b) Commercial General Liability Insurance, including contractual liability and products liability, with a combined single limit of $2,000,000.00. Such insurance shall: (i) name Licensor, its officers, agents and employees as additional insureds, but only for Licensee's acts or omissions; (ii) be primary for all purposes and (iii) contain standard cross-liability provisions. (c) Commercial Automobile Insurance with a combined single limit of$1,000,000.00. Such insurance shall: (i) cover the use of owned, non-owned and hired vehicles on the Property and (ii) name Licensor, its officers, agents and employees as additional insureds. Licensee shall provide Licensor with proof of such insurance by submission of certificates of insurance, pursuant to Section 35 "Notices," at least ten days prior to the effective date of this Agreement. Such insurance shall not be canceled nor allowed to expire nor be materially reduced without thirty days prior written notice to Licensor, or provide a certificate of self insurance. 5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and assigns, have the right to enter upon the Property, at any time, for any purpose, and the right to conduct any activity on the Property. Exercise of these rights by Licensor, its successors and assigns, will not result in compensation to Licensee for any damages whatsoever to personal property and/or crops located on the Property. 6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval, complete improvement plans, including grading plans, identifying all existing and proposed -2- improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee must submit, for Licensor's prior written approval plans for any modifications to such improvements. Written approval may be modified and/or rescinded by Licensor for any reason whatsoever. At any time, Licensee may be required to modify and/or remove any or all such previously approved improvements at Licensee's risk and expense and without any compensation from Licensor. Licensor is not required, at any time, to make any improvements, alterations, changes or additions of any nature whatsoever to the Property. Licensee expressly acknowledges that any expenditures or improvements will in no way alter Licensor's right to terminate in accordance with Article 27. 7. Licensee's Personal Property: All approved equipment and other property brought, placed or erected on the Property by Licensee shall be and remain the Property of Licensee, except as otherwise set forth herein. If Licensee is not in default hereunder, Licensee shall have the right to remove the same from the Property at any time prior to the expiration or earlier termination of this Agreement; provided, however, that Licensee shall promptly restore any damage to the Property caused by the removal. If Licensee is in default, however, such equipment or other property shall not be removed by Licensee without Licensor's written consent until Licensee has cured such default, and Licensor shall have a lien thereon to the extent thereof. 8. Height Limitations: Any equipment used by Licensee or its agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as to maintain a minimum clearance of twenty-seven (27) feet from all overhead electrical conductors. All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15) feet. If requested by Licensor, Licensee will remove, at Licensee's expense, any tree and/or other planting. 9. Access and Clearances: Licensee will provide Licensor with adequate access to all of Licensor's facilities on the Property and at no time will there be any interference with the free movement of Licensor's equipment and materials over the Property. Licensor may require Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen (16) feet, together with commercial driveway aprons and curb depressions capable of supporting a gross load of forty (40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on curves by a distance equal to 400/inside radius of curvature. All curves shall have a radius of not less than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances at all times: a. A 50-foot-radius around suspension tower legs and 100-foot radius around dead-end tower legs. b. A 10-foot-radius around all steel and wood poles. NOTE: Additional clearance may be required for structures. 10. Parking: Licensee will not park, store, repair or refuel any motor vehicles or allow parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved in writing by Licensor. 11. Flammables, Waste and Nuisances: Licensee will not, nor allow others to, place or store any flammable or waste materials on the Property or commit any waste or damage to the Property or allow any to be done. Licensee will keep the Property clean, free from weeds, rubbish and debris, and in a condition satisfactory to Licensor. Licensee will be responsible for the control of and will be liable for any damage or disturbance, caused by dust, odor, flammable or waste materials, noise or other nuisance disturbances. Licensee will not permit dogs on the Property. -3- 12. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will be made in accordance with all federal, state, county and local laws. Licensee will dispose of all pesticides, herbicides and any other toxic substances declared to be either a health or environmental hazard, as well as all materials contaminated by such substances, including but not limited to, containers, clothing and equipment, in the manner prescribed by law. 13. Hazardous Waste: Licensee will not engage in, or permit any other party to engage in, any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to hazardous, toxic or infectious materials and/or waste. Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and its successors and assigns, harmless from any and all claims, loss, damage, actions, causes of action, expenses and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term, and are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee. 14. Signs: Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. 15. Fencing: Licensee may install fencing on the Property with prior written approval from Licensor. Such fencing will include double drive gates, a minimum of sixteen (16) feet in width, designed to accommodate Licensor's locks, in locations specified by Licensor. Licensee will ground and maintain all fencing. 16. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to the Property free of weeds and trash. Licensee will maintain parkways and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor. 17. Irrigation Equipment: Any irrigation equipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment and other structures, is the property of Licensor and will remain on and be surrendered with the Property upon termination of this Agreement. Licensee will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense. 18. Underground and Above-Ground Tanks: Licensee will not install underground or above-ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval. 19. Underground Facilities: Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three-axle vehicle. Licensee will compact any earth excavated to a compaction of ninety percent (90%). Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities. 20. Utilities: Licensee will pay all charges and assessments for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property. 21. Taxes, Assessments and Liens: Licensee will pay all taxes and assessments which may be levied upon any crops, personal property, and improvements, including but not limited to, buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens, including but not limited to, mechanics liens and encumbrances by reason of use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above-mentioned taxes, assessments or liens when due, Licensor will have the right to pay the same and charge the amount to the Licensee. All accounts not paid within 30 days of the agreed upon due date will be charged a "late fee" on all amounts outstanding up to the maximum rate allowed by law. -4- 22. Expense: Licensee will perform and pay all obligations of Licensee under this Agreement. All matters or things herein required on the part of Licensee will be performed and paid for at the sole cost and expense of Licensee, without obligation on the part of Licensor to make payment or incur cost or expense for any such matters or things. 23. Assignments: This Agreement is personal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party. 24. Compliance with Law: Licensee will comply with all applicable federal, state, county and local laws, all covenants, conditions and restrictions of record and all applicable ordinances, zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto. Licensee will obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder. 25. Governing Law: The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California. 26. Indemnification: Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or damage to property, including that of Licensor, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee. 27. Termination: This Agreement may be canceled and terminated by either Licensor or Licensee, at any time, for any reason, upon thirty (30) days notice in writing. Licensee will peaceably quit, surrender and, prior to termination date, restore the Property to a condition satisfactory to the Licensor. Termination, cancellation or expiration does not release Licensee from any liability or obligation (indemnity or otherwise) which Licensee may have incurred. Licensee's continued presence after termination shall be deemed a trespass. 28. Events of Default: The occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee: (a) Any failure by Licensee to pay the consideration due in accordance with Article 3, or to make any other payment required to be made by Licensee hereunder when due. (b) The abandonment or vacating of the Property by Licensee. (c) Any attempted assignment or subletting of this Agreement by Licensee in violation of Article 23. (d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency in connection with Licensee's activities pursuant to this Agreement. (e) A failure by Licensee to observe and perform any other provision of this Agreement to be observed or performed by Licensee, where such failure continues for the time period specified in a written notice thereof by Licensor to Licensee. (f) Any attempt to exclude Licensor from the licensed premises. -5- (g) The making by Licensee of any general assignment for the benefit of creditors; the appointment of a receiver to take possession of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder where possession is not restored to Licensee within five (5) days; the attachment, execution or other judicial seizure of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder, where such seizure is not discharged within five (5) days. (h) Any case, proceeding or other action brought against Licensee seeking any of the relief mentioned in "clause g" of this Article which has not been stayed or dismissed within thirty (30) days after the commencement thereof. 29. Remedies: In the event of any default by Licensee, then in addition to any other remedies available to Licensor at law or in equity, Licensor shall have the immediate option to terminate this Agreement and all rights of Licensee hereunder by giving written notice of termination to Licensee. Upon termination, Licensor will have the right to remove Licensee's personal property from the Property, including but not limited to, buildings, structures and fixtures. In addition, Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest at the maximum rate permitted by law on such amounts until paid, as well as any other amount necessary to compensate Licensor for all the detriment proximately caused by Licensee's failure to perform its obligations under this Agreement. 30. Non-Possessory Interest: Licensor retains full possession of the Property and Licensee will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 31. Waiver: No waiver by Licensor of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval of any subsequent act by Licensee. 32. Authority: This Agreement is pursuant to the authority of and upon, and is subject to the conditions prescribed by General Order No. 69-C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, which General Order No. 69-C, by this reference, is hereby incorporated herein and made a part hereof. 33. Attorneys' Fees: In the event of any action, suit or proceeding against the other, related to this Agreement, or any of the matters contained herein, the successful party in such action, suit or proceeding shall be entitled to recover from the other party reasonable attorney fees incurred. 34. Electric and Magnetic Fields ("EMF"): 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. 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 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 public health questions remain about whether there is a link between EMF exposures 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 exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected. -6- Since Licensee plans to license or otherwise enter SCE's property that is in close proximity to SCE's electric facilities, SCE wants to share with Licensee and those who may enter the property under this agreement, the information available about EMF. Accordingly, SCE has attached to this document a brochure that explains some basic facts about EMF and that describes SCE's policy on EMF. SCE also encourages Licensee to obtain other information as needed to assist in understanding the EMF with respect to the planned use of this property. 35. Notices: All notices required to be given by either party will be made in writing and deposited in the United States mail, first class, postage prepaid, addressed as follows: To Licensor: Southern California Edison Company Real Properties Department Land Operations - Metro Region 2131 Walnut Grove Avenue Rosemead, CA 91770 To Licensee: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Business Telephone No. (562) 431-2527 Licensee will immediately notify Licensor of any address change. 36. Recording: Licensee will not record this Agreement. -7- 37. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any addenda and exhibits attached hereto constitute the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the day and year herein first above written. SOUTHERN CALIFORNIA EDISON COMPANY By' > LICENSOR JORGE A. ROSA, JR. Right of Way Agent Land Operations-Metro Region Real Properties Department Transmission Commercial Management ss Date Q "agcj2 (�i�.��1((il_fjjYtt,,,JJ J amt+. Approved By CITY OF SEAL BEACH By LICENSEE Print Name: It -8- 3r� _. .- } gXHI Sir 4- . . is ,.f Y .. w.w.lw.........m•.....e.........,n.I++«eGw,ruael.ea.rA.,. ..•.t,�s aaw,n�r�uro.•.��er.a••.,•�wm.<:.•t.v...n.•.,..:..1. • • i0� �� . # n • k �i / _ _.____ . -- _ __ ._.____.__..._.__..—...� . �f__ _ _ • • ��1/2 ��. A' cyaAJ 1 a C 0. 7 S// I r.,/, C r Sec,f6 y of y et Cox. Ho ` Co c,\., N. ��F1 . C., N \T ' 1 \ \ e .1 b 2ancz I Lk vy • Fred \'• • 4 C, ' w L4 tr. , __(__ -I__C=„4Q.L__h' ._1.loiJ4 __ 1,... . ,.,.Lr/.LCA.V.?.r2,Y..(l4._./.-/!?P . T res.,A',1,2 W. S.L'34 b,/i ., woe . £IAA ON' Praoaty a I I %stead. I.Pct.rk L/cc//.,: 7b erty •+, A,L_9)17.(2:be ;_Act /n/io 7'4i. _; ...." I OF , ::c�uL aeacl - . .014/+ 4, A.^aced' /ro 414 tee tv.A.1 10,.:t of •? f'%.:6 I T)4!j trod k3 tx∎-71.}o'C:�:iZii .?4:::)0 t%•:oii.ptz.:r?} ∎141' \ .4 I:!♦,S! /.,/,mAt^/c4 4e.e &:s 4 AND 81101.1 Lb 1:0t r,h L..;a:A P1 A C.1)l,i:d t:',,le onr,,-frr. IDtn. '6"60/'7x—tIOUTiI IC FIN CA L.IROH\IA EU1D014 Co wy,w.+.--vwn, .sawkwn=n+e,6_„w.n..teu.ow ...VL1Ae1WMvIro 4.WM4c t7N1 eeta *f.Y4n.; • ntecrerngtYM1YVNN --,tra-nIf.mmaan 104111 MP/.16 3,4 1404