HomeMy WebLinkAboutCC AG PKT 2013-03-25 #E 5EA
AGENDA STAFF REPORT
DATE: March 25, 2013
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Administrative Manager
SUBJECT: EDISON LICENSE AGREEMENTS: SEAL BEACH
BICYCLE PATH AND EDISON PARK
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6362 authorizing the City Manager to
execute the license agreements with Southern California Edison (SCE) for the
Seal Beach Bicycle Path and Edison Park and approve Budget Modification No.
13-09-05 for $2,550 in additional funds to fund the Seal Beach Bicycle Path and
Edison Park Agreements.
BACKGROUND AND ANALYSIS:
During the 1970s the City of Seal Beach obtained a license agreement from SCE
for:
• The construction of a bike trail, which connects Beverly Manor Road at
Leisure World to the regional bike trail along the San Gabriel River. This
bike trail provides a recreational link to the San Gabriel River Trail, which
in turn provides access to the beach and inland communities.
• The use of Edison Park that is located in College Park West on College
Park Drive. The park is used as a recreational area for residents with a
baseball field, two private nurseries, and community gardens.
Both agreements expired on July 1, 2012. Notwithstanding this fact, SCE has
allowed the City to continue to use both properties while the parties developed
the new agreements that are the subject of the current request. These
agreements are backdated to July 1, 2012 to maintain continuity between the old
agreements and the new agreements. Approval of the agreements will allow the
City to continue to use the respective properties until July 1, 2017.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
Agenda Item — E
LEGAL ANALYSIS:
The City Attorney has reviewed and approved to form.
FINANCIAL IMPACT:
Budget Modification No. 13-09-05 in the amount of $2,550 is recommended to
provide sufficient funds for the agreements for Fiscal Year 2012/2013. A license
fee of $550 is required for the Bike Path, to be paid July 1St of each year of the
term of the agreement from the Air Quality Management Fund (account number
012-700-44000). A license fee of $2,000 is required to extend the term of the
Edison Park agreement, to be paid September 1St of each year of the term of the
agreement from the General Fund (account number 001-19-44000). The City will
be responsible for continuing maintenance to both the Bike Path and Edison
Park.
RECOMMENDATION:
That the City Council adopt Resolution No. 6362 authorizing the City Manager to
execute the license agreements with Southern California Edison (SCE) for the
Seal Beach Bicycle Path and Edison Park and approve Budget Modification No.
13-09-05 for $2,550 in additional funds to fund the Seal Beach Bicycle Path and
Edison Park Agreements.
SUBMITTED BY: NOTED AND APPROVED:
J4 '�A 4& %U�')-��2t�
Patrick Gallegos "ill . Ingram, City M n ger.
Administrative Manager
Attachments:
A. Resolution No.6362
B. Edison Park License Agreement
Redline/Strikethrough Version
C. Seal Beach Bicycle Path License Agreement
Red line/Strikethrough Version
Page 2
RESOLUTION NUMBER
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE LICENSE AGREEMENTS WITH SOUTHERN
CAL|FORN|AE@USON (SCE) FOR THE SEAL BEACH BICYCLE
PATH AND EDISON PARK
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves those certain license agreements
between the City of Seal Beach and Southern California Edison dated July 1.
2012 for use of the Sao| Beach Bicycle Path and Edison Park (collectively "the
Agreements").
Section 2. The City Council hereby authorizes the City Manager hu execute the
Agreements.
Section 3. The City Council hereby approves Budget Modification No. 13-00-05.
in the amount of $2`650 in additional funds to provide sufficient funds to
implement the Agreements and directs the Director of Finance to modify the
Fiscal Year 2012/2013 budget asfollows: $55O for the Bicycle Path Agreement,
to be paid July 1 8t of each year of the term of that agreement from the Air Quality
Management Fund (account number O12-7DD-440D0); and $2.UU0 for the Edison
Park AQnaemant, to be paid September 15t of each year of the benn of that
agreement from the General Fund(account number OO1-1A-44O0O).
PASSED. APPROVED and ADOPTED by the Seal Beach City Council at e
regular meeting held on the 25th day of March ,2013 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OFCALIFORNIA }
COUNTY OFORANGE } SS
CITY OF SEAL BEACH }
|. Linda Oevina, Qty Clerk of the City of Soo| Beanh, do hereby certify that the
foregoing resolution is the original copy of Resolution Number_ 6362 on file
in the office of the City Clerk, passed, approved, and adopted by the City Council
a10 regular meeting held on the_25th_day of1 March L_. 2013.
City Clerk
LICENSE AGREEMENT
Edison Park., Seal Beach
Between
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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
67296-0001tI529729v2.doe
LICENSE AGREEMENT
(Edison Park, Seal Beach)
1. Use....................................................................................................................................1
2. Term..................................................................................................................................l
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\1 529729v2.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
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s7296-0001'\I 529729v2,doe
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
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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 shalt 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.
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S 7296-000 1\1 529729v2,doe
(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. 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. Fenciniz: 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.
13. 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
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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
Licenser'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,
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S7296-0001\1 529729v2.doe
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.
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29. In the event of any default by Licensee, then in addition to any other
remedies available to Licensor at law orin equity, Licensor shall have the immediate option to
terminate this Agreement and all rights of Licensee hereunder by giving written notice of
termination to l.icsooeo. Upon termination, Licensor will have the right to remove l.iocuaec'y
personal property from the Property, including but not limited to, buildings, structures and
fixturcm, 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. : Licensor co1uiom full possession of the Property and
K.|oeosec will not acquire any iob:,cm1 temporary, permanent, irrevocable, pmnneouocy or
otherwise by mmaaou of this Agreement, or by the exercise of the permission given herein.
Licensee will rnukc no o|uinm to any such intcrenL. Any violation of this provision will
immediately void and terminate this Agreement.
3[. : No waiver by Licensor of any provision hereof shall be deemed uwaiver
of any other provision hereof or of any subsequent breach by Licmuocc of the same or any other
provision. Lioeowor'o consent toor 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. : This Agrocroco1 is pursuant 10 the authority of and upon, and is
subject to the conditions prescribed by General Order N0. 69-C of the Public Utilities
Cococoimminn of the State of California dated and effective July lU, 1905, vvhiob General Order
No. hg-C, by this reference, is hereby incorporated herein and made u part hereof.
33. ' Fees: lu the event 0f any action, suit ocproceeding against the other,
related to this Agreeooeut, or any of the uza1&ecp contained herein, the successful party in such
action, suit or proceeding abaU be entitled 10 pcc0vcc from the other party reasonable attorney
fees incurred.
34. : There are numerous sources of power
frequency electric and magnetic field (^^Eh8F'`), including household or building wiring,
electrical appliances and electric power transmission and distribution facilities. There have been
numerous scientific studies about the pmtcndo\ beo|1b effects ofE&4F. Interest in upo1eutia| link
between long-term exposures to EMF and certain diseases is based on the combination ofthis
scientific research and public concerns.
While some jO years of research have not established EMF as o health hazard, some health
authorities have identified magnetic field exposures aoopossible human carcinogen. Many ofthe
questions about specific diseases have been successfully resolved due to an aggressive
ink:mmo1ionu\ research program. However, pvheu1iu||y irnpnduot public health questions remain
about whether there in u link between EMF exposures in bnmoem Or work and some diseases
including childhood leukemia and u variety of other adult diseases (e.g. adult cancers and
miscarriages). While scientific numnucoh is continuing on a wide range of questions oc|n1ing to
exposures at both work and in our communities, u quick resolution of the remaining scientific
uncertainties is not expected.
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o7296-000}u529729"2dw
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.
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S7296-000 1\1 529729v2.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
RICHARD FUJIKAWA
Right of Way Agent
Land Management-Metro Region
Real Properties Department
CITY OF SEAL BEACH
By
JILL R. INGRAM
City Manager
Attest:
LINDA DEVINE
City Clerk
Approved as to form:
Quinn M. Barrow
City Attorney
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57295-0001 U 529729v2.doc
EXHIBIT "A"
THE PROPERTY
EXHIBIT"A"
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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 comers 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"
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57295-0001 I 529729v2,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"
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57296-000 I\I 529729v2.doc
d. Shade covering must be non-flammable and manufactured with non-hydrocarbon
materials.
SHADEHOUSESMOTHOUSES
(Definition: A simple, non-flammable, enclosed structure designed to control temperature
without the benifilt of heating andlor air conditioning units to aid in propagating andlor 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 andlor humidity by the use of
heating andlor air conditioning units to aid in propagating andlor growing plants)
Greenhouses will be considered on a case-by-case basis.
EXHIBIT"B"
Page 3
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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
S 7296-000 1\1 529729v2.doc
b. Maximum length: 40feet
C. Maximum height: l5feet
C[ Maximum width: 12 feet
2. Nu trailers will 6c permitted within the following areas reserved for ljucnynryaccess:
8- Within 2 feet from edge of(6'fho1 wide access roads
h, 5U foot radius around suspension tower legs
C. |0O foot radius around deudend tower legs
{|. 10 fhn{ radius around anchors/guy vvires"tubular steel poles and wood poles
e. Under orwithin l8 feet ofthe conductor"drip lines"
3. Sewer or gum lines iotrailers must be approved in writing by Licensor
4. Location of all electrical and telephone lines must be approved iowriting by Licensor
5. l[rui|sra shall not be used for residential purposes
6. Toxic orflammable materials will not be permitted in trailers
PARKING AREAS
Parking areas should not be designed under the overhead elcn1r\cu| conductors or within lV feet
0f the"drip lines"without L.ice000r`m prior written approval.
MATERIAL STORAGE
l, In the event of an emergency, Licensee onum1, within o four-hour period, m:looa10 all
com1eriu|m 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. Y4n toxic or flammable materials will be permitted
4. No materials shall be stored within the following orcuo reserved for Liocomor`saccess:
a. Within 2 feet from edge o[ 16-foot wide occumm roads
b, 50 foot radius around suspension tower legs
C. |V0 foot radius around deudcnd tower legs
EXl{l0}T`B`,
Paize 5
x7z9a'ouv|Uxz*7zpmum
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 Licensors prior written approval
EXHIBIT"B"
Page 6
S7296-000 211529729 v2.doe
Cirry n
LICENSE AGREEMENT
SCF Doe. 1,15758 Tf[t
Ca et NE). 9. (t4merly Camet No L2 n)(Edison Park. Seal Reacl�l
1. Use .................................................................................................................................... 1
2. Term.................................................................................................................................. l
3. Consideration....................................................................................................................2
4. Insurance...........................................................................................................................2
5. Licensor's Use of the Property..........................................................................................3
6. Licensee's Improvements..................................................................................................3
7. Licensee's Personal Property ............................................................................................3
S. 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..............................................................................................................................5
16. Parkways and Landscaping...............................................................................................5
17. Irrigation Equipment.........................................................................................................5
18. Underground and Above-Ground Tanks ..........................................................................5
19. Underground Facilities......................................................................................................5
20. Utilities..............................................................................................................................5
21. Taxes, Assessments and Liens..........................................................................................5
22. Expense.............................................................................................................................5
S7296-0001\15297294! 2.doc
TABLE OF CONTENTS (cant.l
Pa"e
23. Assignments......................................................................................................................5
24. Compliance with Law.......................................................................................................6
25. Governing Law .................................................................................................................6
26. Indemnification.................................................................................................................6
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. Recor ding..........................................................................................................................8
37. Complete Agreement........................................................................................................8
XHIBIT "A" THE PROPERTY
"Pn ',vEHIBIT "B" GUIDELINES FOR P
_PA1
RJK USE AND STANDARD LICENSEE
IMPROVEMENTS
PARK USE
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S7296-0001\1 529729v I.2,doc
SCH Dos-14 5:758 Att. G-affiffiet No.9.
LICENSE AGREEMENT
THIS AGREEMENT, made as of the day of , 20; February. 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 described
belewlocated in the City ot� Sc,-l Beach. County of Orange. State of Califor_nja and depicted on
Exhibit W: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.
The subject PropeFt-y is loeated-in the City of Sea! Beach,County of Or-a-nge, Sta
Cal i fe
a-.
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 2-8:22Z
2. Term: UnlessThis Agreement is effective as of July 1. 2012 and shall continue
until the first day of July. 2017 unless otherwise terminated as provided herein, rhis AgfeefReft
September, 2012 and
endiiig on the last day of August, ._ 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 ' -g Licensee places on or makes to the Property,
or for any other reason.
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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 Da Of
F, s. eHF _ , 4004-t nZbet
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
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;Abswgh 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.
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S7296-0001\1 529729v4-.jdoc
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 Propert y: 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 Propert y: 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
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57296-0001\1529729x-1-?doc
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. Parkin: 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. Signs: Licensee must obtain written approval from Licensor prior to the
construction or placement of any sign, signboard or other form of outdoor advertising.
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S7296-0001\1 529729v4-.Idoc
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.
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. Assigtuments: 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.
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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.
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(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
-7-
S 7296-0001\1 529729v-61doc
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.
S7296-0001\1 529729 w4-2,dce
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
LICE SORRICHARD FUJIKAWA
Right of Way Agent
Land Management-Metro Region
Real Properties Department
CITY OF SEAL BEACH
By
i «��RJILL R. INGRAM
City Manager
Print Name: Attest:
LINDA DEVINE
City Clerk
Approved as to form:
Quinn M. Barrow
City Attorney
-9-
S7296-0001\1529729v4-.2 doc
APPENDIX
EXHIBIT"A"
THE PROPERTY
EXHIBIT W
Page 1
S7296-0001\1 529729v-1 2.doc
EXHIBIT "
GUIDELINES FOR PARK USE AND
STANDARD LICENSEE IMPROVEMENTS
PARK USE
A. Licensee must obtain the prior written approval tom Licensor for the installation Qf any
facilities. including any subsequent nxxlifications. Licensee will maintain all facilities in
a safe condition satisfactory to Licensor.
B. At any time. Licensor may reouire the relocation of any portion of the facilities. Licensee
will relocate same, at its exp nse. to a location satisfactory_ to Licensor within sixty (60)
days after receiving notice to relocate from Licensor.
C. At Licensee's exFense. Licensee will post signs at all access points to the Prop rtv that
read: "No Kite Flying. Model_Aimlanes or Metallic Balloons Permitted. High Voltage
Wires Overhead."
D At Licensee's expense. Licensee will post signs at all access points of the P•operty that
read: "No Motorcycles. Motorbikes. Horseba k Riding or Hunting Permitted."
E, Licensee must close the park at any time Licensor deems it necessary for the sa_f_ety ofthe
general public. If it is necessary to close the park for a period of more than three dam
Licensee will notify the general public of the closure by nesting at all access points to the
ro
F. At Licensee's exl2ense, 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 Licenser's towers. The discourager
installation will be performed by Licensor. Licensee shall pay Licensor in advance,for al
Licenser's direct and indirect costs associated with the engineering—purchase. and
installation of ft discouragers. All towers shall be equipped with signs so worded as to
warn the public of the danger of climbing the towers. Such siWms sh lobe placed and
arranged so that they may be read frQm the four_ corners of the structure. Such signs shall
neither less than 8 feet nor more than 20 feet above the uround except where the
lowest horizontal member of the tower or structure is more than 20 feet above the mound
in which case the sigii-ahall be not more than 30 feet above the mound
H. Licensee must design and construct all walkways. underground sprinkler systems,
lighting facilities. and drains to be capable of withstanding a aosm•.1pad of forty (40) tons
on a three-axle vehicle.
EXHIBIT"B"
Pa e 1
57296MO U 524724v2.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"
57296-000 I 1 1522222YZ d rr
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"
P
57296-000BI529729v2_im
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'M
Pa e
$729&0001"529729Y2.
b. Maximum length: 40 feet
C. Maximum height: 15 feet
d. Maximum width: 12 feet
2. No trailers will be pennitted 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
EXHIBIT"B"
Pa we
S2?95 0001\1529729v2.dm-
b. 50 foot radius around suspension tower legs
C. 100 foot radius around deadend tower legs
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
PARK USE
A Weensee m ..t obtain the prior- %+itteft appfeval from Weenser- f r the iiistallation of any
fheilifies, ineltiding any subsequent modifieations. Weensee will maintain all eilities
of..e. difien satisfactory to T
Flying,B. At any time, Lieefiser-may r-equif e the Feleeatieft of any peflien of the 41eilities. Licensee
will feloeate same, at its expense, to a loetatieft safisfiieter-y to Lieenser- within si-.Xty 16501
Q A! Lieensee's expense, Lieensee will post signs at all aceess points to the Propefty t
read-- "No Kite Air-planes or- Metallie Balloons > High Vokage
\alifes Oye-head "
D. At Lieensee's expense, bieensee will post signs at all aecess points of the PmpeAy that
r Tc ,�n'rvcvrvr[ica, rrefs°cnuccc-rcia'n'rg o'�Hunting
E. Lieensee must elese the park at any time Lieensor-deems it neeessary fet!the sal;aty of the
genefal publie. if it is neeessary to elase the park fOr- a PeFiOd of more than three ,
Lieensee will nefify the general public of the elesure by pesfing at all aeeess points to
pr-epefty.
EXHIBIT"B"
57295-000I1I529729v2.dcc
F. At —lie-emsee's expense, Lieemee will install removable post type baffiefs, designed to
G. Trespass diseouragers shall be installed on LicenSOF'S tower-S. �Hie diseour-ager-
insiallatiofi of the diseeur-ager-s. All tawer-s shall be equipped with signs so wor-Eled as-to
warn the public of the danger- of elimbing the towefs. Such signs siliall he placed
C-11 signs sh„11
be iieither less than 8 feet nor- @:nofe than 20 i�aet above the gFound eycee.pt WheFe the
lowest horii%fital member-of the tower oF stfueture is more than 20 feet abes,e the gf
in whieh ease the sign shall be not mefe than 30 feet above d4e gfeund.
H. Lieensee must design and eonstr-uet all walkways, undet:gr-eund sprinkleF ",
lighting faeilifies-, and dfains, to be eapable of withstanding a gf:ess lead of f6f45, (40) t
en a three axle vehicles
9.
EXHIBIT"B"
Pa e
57z91M.01\1529729v2.doc
LICENSE AGREEMENT
Seal Bead Bicycle Path
Between
SEAL
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\1529778v2.doc
LICENSE AGREEMENT
(Seal Beach Bicycle Path)
I. Use....................................................................................................................................2
2, Term..................................................................................................................................2
3. Consideration.,-_--.,_-..—.__.—.....—......,---~.--,.......-...--..—.-.,.....3
4. Insurance...........................................................................................................................3
5. Lkceznmors Use n[the Property —.—.--...----.,..-.....-..—._.-.........--__—..—.4
6. Licensee's Improvements -._.-.—......—._..—..----........---..—..,._.--.-4
7, Licensee's Personal Property............................................................................................4
0. Height Limitations............................................................................................................4
9' Access and Clearances......................................................................................................5
lO. Parking..............................................................................................................................5
|[ Flammables, Waste and Nuisances...................................................................................5
12. Pesticides and Herbicides .................................................................................................5
13, Hazardous Waste ................................ ............................................................................5
14. Signs—........—.—...,.....--.-..—.---,.-....—_..-.--.-_—.,_..---..---_....h
15. Fencing—.—_..,.~............_.,.~..,...—,.,..—.--.-.-.~...,._.--,.---.—._...---..h
lb. Parkways and Landscaping.......--..--...,.....,....--........_.....--....,....--....6
17. Irrigation Equipment....--...--...^..-..—.--.-...........--........-......--..--,..6
lA, Underground and Tanks ..........................................................................6
lu, Underground Facilities......................................................................................................h
20. Utilities..............................................................................................................................b
21. Taxes, Assessment and Liens..........................................................................................h
22. Expense....—...--.....-.......—.--.,-.—_..—.._.....-....--_.--._.—.......—...6
23. Assignments._--....---~.----.--..,.'....—_..—.....—..—...—.......~.-.......7
24. Compliance with Law.......................................................................................................7
25. Governing Law.................................................................................................................7
26. Indemnification.--......_...-.-_.—.----_--..—..--.......—,..._.—.-....—.......7
27. Termination.......................................................................................................................7
28. Events nf Default..............................................................................................................7
24- Remedies...........................................................................................................................8
30, lutecem _---..---.....—.._--.---..----............--.....Q
]|. Waiver...............................................................................................................................N
32. Authority...........,,,......................................,...................,..........................`...............8
33. Attorneys' Fees.................................................................................................................@
34' Electric and Magnetic yields ................................................. ..........................9
35. Notices..............................................................................................................................9
36. Recording.—.—..^...—__..._.-.--..—...,-----~.-------...—...-..--..._'9
37. Complete Agreement............ ...........................................................................................9
EXHIBIT"A" THE PROPERTY
EXHIBIT'^2�, BICYCLE PATH GUIDELINES
-i-
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.
S7296-0001\1 529778v2.doe
H. An casement 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
Count-Y,
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-
S7296-000 I\]529778v2.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(I 01/o)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\1 529778v2.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-
S7296-000 I\1 529778v2.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. Parkin a: 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 wilt 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.
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S7296-0001\1 529778v2.doe
14. Sj »`» Licensee must obtain written approval from Licensor prior to the
construction orplacement of any sign, signboard or other form of outdoor advertising.
15. : Licensee may iva&xU fencing on the Property with prior written approval
from Licensor. Such fencing will include double drive gates, o onioimouon of sixteen (10) feet in
width, designed to accommodate Liceuoor`u locks, in locations specified by Licensor. Licensee
will ground and maintain all fencing.
|h. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas
adjacent b> the Property free ofweeds and trash. Cineooce will maintain parkways and provide
landscaping that is compatible with adjoining properties and that is satisfactory to Licensor.
17. Irrigation Equipment: /\oy irrigation equipment located outhe Property prior to
the onononcooecneut of this /\gTcemnouL 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 /\gceerncn1. Licensee will maintain,
operate, repair and replace, if necessary, all irrigation equipment at its own expense.
18. : Licensee will not install underground mr
above-ground storage tanks, as defined by any and all app||oob|c luvva or regulations, without
Liuensor`m prior written approval.
19. Underground Facilities: Any underground facilities installed or maintained by
Licensee on the Property must have u noioinnuno cover nf three feet from the top ofthe facility
and be capable of withstanding u gross load of forty (40) 1nom on o three-axle vehio/e, Licensee
will oonnpuol any earth excavated to n compaction of ninety percent (90%). l[ioeoSce will
relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities.
20. : Licensee will pay all charges and uyseamoncoto 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 nn the Property. Licensee will keep the Property free from
all liens, including but not limited to, rncuhunicm liens and couurnhroncem by reason of use or
occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the
above-mentioned taxes, aaseSmnnnotm 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 he charged a "lute fee" nn all amounts outstanding op10 the maximum rate
allowed bylaw.
22. : Licensee will perform and pay all obligations of Licensee under this
/\grcnroenC All matters or things herein required on the part of Licensee will be performed and
paid for at the sole ooa1 and expense of Licensee, without obligation on the part of Licensor 10
make payment or incur cost moexpense for any such matters orthings.
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m7296-000 1\1 529778,2.um
23. This Agreement is personal to Licensee, and Licensee will not
assign, transfer orsell this Agreement or any privilege hereunder iuwhole or in pad, and any
attempt todn so will he void and confer on 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
onjiuoucco, zoning restrictions, rules, regulations, orders and any requirements of any duty
constituted public authorities now or hereafter in any manner affecting the Property or the streets
and ways adjacent thereto. [i000sen will obtain all ptondn and other governmental approvals
required in connection with Licensee's activities hereunder.
25. Governiny, Law: The existence, validity, construction, operation and effect ofthis
Agreement and all of its tcrnou and provisions will be determined in accordance with the laws of
the State ofCalifornia.
26. : ).ioeow:e shall hold harmless, defend and iudxoouif« Licensor,
its officers, agents and employees, and its successors and ommiguo, from and against all claims,
|nmm, damage, actions, causes mfactions, 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
ornp|oyccu of Licensor resulting in any rnaumcr vvha1omcvcc directly or indirectly, by ncuaoo of
this /\Anceoacmt or the use or occupancy of the Property by Licensee or any pocmou c|aln`iuA
under Licensee.
27. : This Agreement may be canceled and terminated by either Licensor
or Licensee, at any time, for any ncomoo, upon thirty (]O) days notice in writing. Liocoscu will
peaceably quit, surrender and, prior to termination date, restore the Property to a condition
satisfactory to the Licensor. Termination, ouoce\ladimu or expiration does not rc|uuuc l.iocoVco
from any liability or obligation (indemnity or otherwise) which Lionooce may have incurred.
Licensee's continued presence after termination shall be deemed utrespass.
28' Events of Default: The occurrence of any of the following mbo]| constitute a
material default and breach of this Agreement byLicensee:
(o) 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.
(k) The abandonment or vacating of the Property byLicensee.
(c) Any attempted ammi8o,ocoL or subletting of this Agreement by Licensee in
violation uf Article 23'
(d) The violation by [iornoec of any resolution, ordinance, statute, code, regulation
or other rule of any governmental agency in connection with Licensee's activities
pursuant b/this Agreement.
(c) /\ failure by [.iueumoc to observe and perform any other provision of this
/\gcccnzeo1 to be observed or performed by l.ioeoocc, where such failure
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s7296-000|n529778v2.ovo
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.
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. Authoritv: 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.
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S7296-0001\1 52977gv2.doc
34. Electric and Magnetic Fields ("EMF"): There are numerous sources of power
frequency electric and magnetic field ("EM17"), 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.
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S7296-0001 t 1 529778v2.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
RICHARD FUJIKAWA
Right of Way Agent
Land Management-Metro Region
Real Properties Department
CITY OF SEAL BEACH
By
JILL R. INGRAM
City Manager
Attest:
LINDA DEVINE
City Clerk
Approved as to form:
Quinn M. Barrow
City Attorney
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S7296-000 I\1 529778v2.doc
EXHIBIT "A"
THE PROPERTY
EXHBIT"A"
51296-00011]529778v2.doe.
7TH ST.
CATHODIC PROTECTION SITE T. 4 S.
15' RD ESMT
175.00' 300.00'
C L 10' SLOPE ESMT
!a1`iJJT 0v 1� l •r'!! 10' WIDE BIKE TRAIL
I °•
71��J fl l I LO
I � ►�
II
VN
270.00'
ailz1
l �
LEGEND
LANDS OF SOUTHERN CAIIFORNIA EDISON COMPANY
LANDS OF SOUTHERN CALIFORNIA EDISON COMPANY 0 100 200
BEING LICENSED TO CITY OF SEAL BEACH
FOR BIKE TRAIL
SCALE IN FEET
APPROXIMATE TOWER LOCATION (25' CLEARANCE)
SQ.FT, 5650 AC. 0.13 EXHIBIT " A "
TOTAL AREA(GROSS)
FACILITY NAME: ALAMITOS - DEL AMO T/L R/W P.I.D. NO 5012013 1 J.O. 1.2240 1 JAMIN ID: LM—REO71
LICENSEE: CITY OF SEAL BEACH I CITY: SEAL BEACH T.G.: 796/F6
RIP FILE NO.: POADA79OF83 R f P AGENT: ROSLYN DELMAR I COUNTY: ORANGE STATE: CA
LAND MAPPING: DESIGN EXPRESS I SPECIALIST: MAN NGUYEN I T/S APPROVAL: —
SANDERS MAP NO.: 552114-16 M.S.: 48-88 .,. Geographic Information Services
� Real Properties & Administrative Services
OTHER REF.: — DATE: 4/11/97 Sauthem Catlfarnia 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
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67296-0001\I 52977W.doc
CITY OF SEAL BEACH
LICENSE AGREEMENT
SCE Doe. Atr
Centfact No. 9. (fermef4y Contmet No. L20
(Seal Beach Bicycle Pa-W
1. Use..................................................................................................................................32
2. Term................................................................................................................................32
3. Consideration..................................................................................................................42
4. Insurance.........................................................................................................................43
5. Licensor's Use of the Property.......................................................................................54
6. Licensee's Improvements ................................................................................................54
7. Licensee's Personal Property..........................................................................................J54
8. Height Limitations...........................................................................................................54
9. Access and Clearances....................................................................................................64
10. Parking............................................................................................................................65
11. Flammables, Waste and Nuisances.................................................................................65
12. Pesticides and Herbicides ...............................................................................................65
13. Hazardous Waste ............................................................................................................65
14. Signs................................................................................................................................75
15. Fencing............................................................................................................................75
16. Parkways and Landscaping.............................................................................................76
17. Irrigation Equipment................................................................................... _
18. Underground and Above-Ground Tanks ........................................................................76
19. Underground Facilities....................................................................................................76
20. Utilities............................................................................................................................76
21. Taxes, Assessments and Liens........................................................................................76
22. Expense...........................................................................................................................76
23. Assignments................................................•--.................................................................96
24. Compliance with Law.....................................................................................................96
25. Governing Law ...............................................................................................................87
26. Indemnification...............................................................................................................97
27. Termination.....................................................................................................................57
28. Events of Default............................................................................................................87
29. Remedies.........................................................................................................................98
30. Non-Possessory Interest..................................................................................................98
31. Waiver.............................................................................................................................98
32. Authority......................................................................................................................... )8
33. Attorneys' Fees...............................................................................................................98
34. Electric and Magnetic Fields ("EMF")..........................................................................Wa
35. Notices ..........................................................................................................................4-09
36. Recording......................................................................................................................-1-99
S7296-0001\1 5297780 2.doc
"FABLE OF CONTENTS
37. Complete Agreement....................................................................................................d-99
APPENDIX. nr IDEUNE$-FOR STANDARD L IG ENSE"E TiMPTRD V EME T-S
EXHIBIT"A" THE PROPERTY
ADDENDUNC-EXHIBIT"B"BICYCLE PATH GUIDELINES
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S7296-0001\1529778v—Lldoc
SCE Dec. 142999 An. C HL-aetNe-.-9-.
LICENSE AGREEMENT
THIS AGREEMENT, made as of the day of , 20 ,February.
2QJ1 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
belewlocated in the Cit( of Seal Beach. County of Orange,_State of Californnii and depicted on
Exhibit "A--'" w ' attached hereto and made a part hereof Cthe ("Property") solely for the
purpose hereinafter specified, upon and subject to the terms, reservations, covenants and
conditions hereinafter set forth.
The 5*06t n..,.,.arty is 10eated in tile City of seal DeaA, County of Of-a ge State of Calif,..,:,
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 goad 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.
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S7296-0001\1529778v4-Qdoc
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.
1. 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 Agrgment. 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 2-8-.27.
2, Term: UnlessThis Agreement is effective as of July 1, 2012 and shall continue
until the first day of July, 2017 unless otherwise terminated as provided herein, this gr-eemen
ending will be in effeet for- a teFm of five (5) years . g on the fifst day of Afly, 2012 and
an the last day of june, 2017., Licensee acknowledges that this Agreement does not
entitle Licensee to any subsequent agreement, for any reason whatsoever, regardless of the use
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S 7296-000 N 529778v4-.2 doc
Licensee makes of the Property, the improvements Licensee places on or makes to the Property,
or for any other reason.
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
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S7296-0001 U 529778v4-?Zdoc
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 Propert y: 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 Propert y: 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.
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S 7296-0001\1 529778471doc
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.
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
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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. Fencin : 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.
22. Ex-ens e: 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.
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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
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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.
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.
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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.
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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
LIGENSORRICHARD FUJIKAWA
Right of Way Agent
Land Management-Metro Region
Real Properties Department
CITY OF SEAL BEACH
By
rr IC NSO DILL R. INGRAM
City Manager
pFint Name:
Attest: _
LINDA DEVINE
City Cie
Approved as to form:
Quinn M. Barrow
Cif Attorney
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APPENDIX
GUIDELINES FOR STANDARD LICENSEE HMP ROVE M ENT CEX IBL uA»
THE PROPERTY
The following efiter-ia are provided to aid iii the development of a eenceptual plat pido to be
Plans should be developed indicating the size and loeation of all platifted improveinents. Th
plan shoul4— peeify the dimensions of all planned improvements as well as the —af—a I
pl.,„„°dd .,tn ff!e pfopeFty lines ,d all adjacent Lieenser- t„ poles, guy wires-ar
other- Lieenser- f:,d,:lit;
The plan must show the laeations of all Lieeiisor- tewefs and poles, 16 foot wide aceess ,
main water- lines and watef shut off valves, eleetrieal seFv,iee iiiies and pafking areas. All plans
must i. 1€•,t° .ucc acct ",n A.-et., :and-;—e I„de ., "nof4h ., " and the Lie nsee's name,
914ADE STRUCTURES
shadf-iSE aid ill gf-owin �
i. Shade str-uetur-es must maintain Hiiiii of 50 feet between shade stfuetur-e
loeations, she ,Idd be placed ° „dd; 1., to 7 .' overhead .,ln,.t.-, „I ,.7, oie
(wir-es) unless otherwise approved in writing by Lieensor, fflid should not ex
a. I nn feet in length
b. l0 fee in wi th
.1 S feet in height
2. Cpl d d., StFUCt, Fes will not be . mn;tte„d within the follow.. .. � reserved foF t e, d,r's
a. Witiiin 2 feet 4am edge of 16 feet Nvide aeeess road
-b. Gn foot radius , n d s ,spe,,.-;,,,, tower- legs
b
d. 10 foot aneliofs/gtl)"A'iFeS, WbUlaf steel poles and wood poles
3. Shade ,.tr,.,,t„r°,. must „t;l;zd, the following design:
a. Te,, porai!)Vsl.'n joint-ton s tnuct i o„ a n!
.y
-Appe idEXHBIT "A"
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1). Non flammable ftanae on!
e. Adequately gfouffded
d. Shade covering must be non 44aiiiinable and manufaetur-ed with non liydroea
}
cu n DEHOr SES OTUnl lc-c
a
* between
elettr-ieal conductor-s (wires) unless approved ifl writing —Lioensaf, and
should not EL'Keeed maximum diffiensions of,
a. 100 font ; , 1e., 4i
13 Cn feet in ;,It1,
e. 15 foot in height
7 C hale sihoth.,. ses will not be per-mitted within tile f.,r
i. Within 2 feet s-em r°dge of 16 feet wide ucc%sS-ccim
s
b. 50 that radius around suspension towef k%s
d.1 feet i-ccdm'a's around aanchors'gu tubula stns poles and w*x Les
3. Qhadeh.,.....,sA4othouses must utilize the following don;,.,,•
b. Non flammable ftame ofil
e. Adequately tely . ., Ie.l
d. Covering naust be non llaffwflable—c'ci df:fianti a'ctuFet`Iz-°with firn hydfoearbon'
m e,-i ak
Appendim&XHBIT "A„
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57296-0001\1529778v1 Idoc
Gnr_>~1`rr_rnl lcl~c
i
e - 5
Greenliouses will be eonsidered on a ease by ease basis.
1 A A IG A TION SYSTEMS
2. All pipe fflust be plastic S nt°'Eltl '�
3. No iffigation systetii will be pen:nitted within the following areas resef-ved for- LicensotLls
aeees r.-
a. Within 7 feet f,-eni edge of 16 foot.wide aeeess ad
b. cn feet .•,d;,.s around suspension t,,,,er-l-egs
C. 100 f,,,,t r.,,1;.,s around .1e.,d.,,,,1 t,,weF legs
4. Sprinklef eentrelleFs niust be leeated at the edge of the right of w"
S. Suitable identification mar-kers ,,,;11 be required on niain f.,.,t,-ellnrs ,1 Valves
6. Loeations of main shut effvalvewill be. provided and shown on-a-p44�
8. >~'.,,•tl, ,l;..t,,,bed must be eempaeted to ninety„ .,trnno,t
r ANDS A D1ATG
the c line" , S
, grews to -a
ffmxinlulll l,o;, l,t „f no mefe than nn +e-a+_.�.,,d f„.,st be maintained by the r ; ao at
height not to e e,1 15 feet
_ lafge reeks (boulders) must be appr-eved in writing by Licensof
4. Any mounds of change of b
6. Retaining-walls, plantefSr etc., must be appr-aved in ,-:t'nb.t_by Lieefise
Appe EXHBIT"A"
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S7296-000 1\1 529778v4-.2,d oc
TRAILERS
-i. T ail° 4 r-' esr-''ccct rn the folio n +° ;,,•
a. �r-cd cn ret-e�r
Must have axles and wheel and be able to be .,, ed a+
b. Maximum leag4h: 40 feet,
C. —Maximum hei4it. meet.
d. Maxiimum width: 12 feet
7 No trailers will ben ,:r+°mil , ,;th:,, the f ll.,,, ing areas r-eseBed for Z +s
ia. — Within 7 feet ffo edge of 1 3 t , side access ,• ads
b, 50 foot ,-add ar-ound suspension t(L));A a--legs
e. 100 feet radius afound d-E?cldel=rc`li-tower le'g's
e. Undef: of- within 10 feet of the eonduetor- "drip lines'
,es to trailers must be a ed :.,_w.-:tin., by Licensof
'l. Location of all electFical aflEl teleph011e lines must be approved in writing by Imic-enser-
T,-a;le shall not be used 4.,,•residential
(, T r flammable trials , 'll r h 'tt .l r •I
��—�L�7cic�orzriiizriirccvr�cirurcrnzrs-pis i-iri'ror��c�i cni�ri'ccc°�ir'rrrai-[°ci-.i
j
DD "('_ A�REA-S
Par-king a as should not be designed under- tile Ovefliead eleetfical eoliduetafs of within 10 fiaet
of the"dfip lines" without Lieenser's approval,
MATERIAL STORAGE
li in the event of an emergency, Lieensee __+, within hour- period, e1e,.,te all
2. T -�--T--�--- , , -+ , : l° , ;r, l: r_o_£_„'c+crci1 stored Zti ci tile Fight Z£ a
`r
a No t., .• AaRmable ate ,Is will be pe itted
4. No materials shall be steed .:thin the f„11,,,. ing a .os Fy-e l f r I :,,n fps acCe
a. Within 7 t,et (:•,-,,, eolio of 16 feet , de aeeess read-,
AWefidi-xEXHBIT "A"
Page 'I
57296-0001\1529778%! Idoe
6. 50 foot radius nd suspension t o r legs
'_^. wires, tubulaf steel poles and wood pol
5.rl&� tiCioit�icci
v.
7. Star-age of diesel fuel on the o.-ry may be o ;t+....a with i �
AAa,,:.„um 200 gallon tank lte.,,p .,\
b. Only above gefound tanks, wil. 10- ----.++-A
e. Tank (wits, nt.,;.,,,,ent basi„) must ; elude ., 10' x 10' eement .,.,1
,i 'T'.,.,Gs will rll notr be pefT—rr'rcced wit 3iii the aeeess ,-1;.-ectl., under- ;th;,, 1 n Of
Feet of the . nnduetn.•,I.-ip I:,,es
Appendi,� XHBIT"A”
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57296-OOO IN,I 529778v I.z.aoc
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.
"aEXHIBIT B
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