HomeMy WebLinkAboutCC AG PKT 2007-01-22 #L
e
AGENDA REPORT
DATE:
January 22, 2007
TIIRU:
Honorable Mayor and City Council
John B; Bahorski, City Manager .
Mark Vukojevic, P.E. Director of Public Works/City Engineer
TO:
FROM:
SUBJECT:
Edison License Agreements: Beverly Manor Bike Trail and
Edison Park
SUMMARY OF REOUEST:
The proposed City Council action will adopt Resolution No. authorizing the City
Manager to renew license agreements with Southern California Edison (SCE) for the
City's Bicycle Trail and Edison Park.
BACKGROUND:
e
During the 1970's 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 tb,e
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. SCE has informed the City that the existing license agreement expires on
June 30, 2007. The proposed action will extend the term of agreement for an additional
five years to June 30, 2012.
Also, during that time the City of Seal Beach obtained a license agreement for SCE for
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. SCE has informed the,City that the exis1ing license
agreement expired on August 31, 2005. The proposed action will extend the term of the
agreement for an additional five years to Au~t 31, 2010.
FISCAL IMPACT:
e
A license fee of $550.00 is required to extend the agreement for the Bike trail for the full
five year term. Funds will be taken from the Air Quality Management Fund.
Additionally the City will be responsible for continuing maintenance of the bike trail. A
license fee of $2,000.00 per year is required to extend the term of the Edison Park
agreement. Funds will be taken from the General Fund. The City will be responsible for
continuing maintenance to both the bike trail and the park.
/lGENDA ITEM
L
e
e
e
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. _ authorizing the City
Manager to renew license agreements with Southern California Edison (SCE) for the
City's Bicycle Trail and Edison Park.
Prepared By:
Concur:
~I '
Mark . Vukojevic, P.E.
Director of Public Works/City Engineer
Sean Crumby, P.E.
Deputy City Engineei:
Attachments: Edison Park License Agreement
Seal Beach Bike Trail License Agreement
e
e
e
RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
AUTHORIZING THE CITY MANAGER TO RENEW LICENSE AGREEMENTS wrrn
SOUTHERN CALIFORNIA EDISON FOR THE CITY'S BICYCLE TRAIL AND EDISON
PARK
WHEREAS, the Southem California Edison has a p~gram of to license use of property with the City
of Seal Beach; and
WHEREAS, use of said property within the City of Seal Beach in the County of Orange, State of
California, will benefit the people of the City of Seal Beach, the County, and the State generally by
providing for recreational use; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the City Manager of the City of Seal Beach renew license agreements for the Seal Beach
Bicycle Trail and Edison Park for a five year term and will continue to provide maintenance and operation
of said area for the term of the lease.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting
thereof held on the day of . 2007 by the following
vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
CITY OF SEAL BEACH)
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing
resolution is an original copy of Resolution Number on file in the Office of the City Clerk,
passed, approved and adopted by the City Council of the City of Seal Beach at a meeting thereof held on
the day of ,2007.
City Clerk :
e
e
e
. '
CITY OF SEAL BEACH
Property No. POADA796F64
Account No. 2010
LICENSE AGREEMENT
INDEX
1. USE
2. TERM
3. CONSIDERATION
4. INSURANCE
5 LlCENSOR'S USE OF THE PROPERTY
6. LICENSEE'S IMPROVEMENTS
7. LICENSEE'S PERSONAL PROPERTY
8. HEIGHT LIMITATIONS
9. ACCESS AND CLEARANCES
10. PARKING
11. FLAMMABLES, WASTE AND NUISANCES
12. PESTICIDES AND HERBICIDES
13. HAZARDOUS WASTE
14. SIGNS
15. FENCING
16. PARKWAYS AND LANDSCAPING
17. IRRIGATION EQUIPMENT
18. UNDERGROUND TANKS
19. UNDERGROUND FACILITIES
20. UTILITIES
21. TAXES, ASSESSMENTS AND LIENS
22. EXPENSE
23. ASSIGNMENTS
24. COMPLIANCE WITH LAW
25. GOVERNING LAW
26. INDEMNIFICATION
27. TERMINATION
28. EVENTS OF DEFAULT
29. REMEDIES
30. NON-POSSESSORY INTEREST
31. WAIVER
32. AUTHORITY
33. A'ITORNEY FEES
34. ELECTRIC AND MAGNETIC FIELDS
35. NOTICES
36. RECORDING
37. COMPLETE AGREEMENT
licensee Copy
.-
e
_
..
Property No. POADA796F64
Account No. 2010
LICENSE AGREEMENT
THIS AGREEMENT, made as of the ~1 day of ~, 20 ~,
between SOUTHERN CALIFORNIA EDISON COMPANY (SCE), a corporation organized under the laws
of the State of California, hereinafter called "Licensor", and the CITY OF SEAL BEACH hereinafter
called "Licensee";
WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the
terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does
hereby give to Licensee the license to use that certain real property described below and depicted on
Exhibit "A" attached hereto and made a part hereof the ("Property") solely for the purpose hereinafter
specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth.
The subject Property is located in the City of Seal Beach, County of Los Angeles, State of California
further described as follows:
Those portions of that certain real property described in a grant deed to Southern
California Edison Company recorded February 15,1955, in Book 2963, page 510 of Official Records in
the office of the County Recorder of said County, being more particularly described as the Northerly
520.00 feet of the said real property lying Southerly of a line that is parallel with and distant Northerly
1779.52 feet, measured at right angles from the South line of Section 36, Township 4 South, Range 12
West, San Bernardino Meridian, together with that portion of said real property lying Southerly of a
line that is parallel with and distant Northerly 950.00 feet, measured at right angles from said South
line of Section 36.
EXCEPTING THEREFROM the Southerly 300.00 feet as described in the deed from the
Southern. California Edison Company to the State of California recorded September 15, 1964, in book
7218, page 599, of Oflicial Records in the office of said County Recorder.
SUBJECT TO:
Covenants, conditions, restrictions, reservations, exceptions, rights and easements,
whether or not of record including but not limited to, the following:
A. An unrecorded license for water well, to Los Angeles County Flood Control District dated
June 1, 1967.
1. Use: Ucensee will use the Property for parks and/or public recreation purposes only.
Licensor makes no representation, covenant, warranty or promise that the Property is fit for any
particular use, including the use for which this Agreement is made and Licensee is not relying on any
such representation, covenant, warranty or promise. Licensee's failure to make such use of the
Property as determined by the Licensor in its 'sole discretion, will be grounds for immediate
termination of this Agreement in accordance with Article 28.
2. Isa:m: Unless otherwise terminated as provided herein, this Agreement will be in effect
for a term of five (5) years commencing on the first day of September, 2005 and ending on the last day
of August, 2010. 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.
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 for the first year;
-1-
e
Yearly Payment Due
Term Year Due Amount First Dav Of
First Year 2005 2,000.00 September
Second Year 2006 2,000.00 September
Third Year 2007 2,000.00 September
Fourth Year 2008 2,000.00 September
Fifth Year 2009 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 on all
amounts outstanding.
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 wiIlfu1 or gross
negligent acts of the Licensor.
e
(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 (ill) contain standard
cross-liability provisions.
(c) Commercial Automobile Insurance with a combined single limit of $1,000,000.00. Such
insurance shall: (i) cover the use of owned, non-owned and hired vehicles on the
Property and (ii) name Licensor, its officers, agents and employees as additional
insureds.
Licensee shall provide Licensor with proof of such. insurance by submission of certificates of
insurance, pursuant to Section 35 "Notices," at least ten days prior to the effective date of this
Agreement. Such insurance shall not be canceled nor allowed to expire nor be materially reduced
without thirty days prior written notice to Licensor, or provide a certificate of self insurance.
5. Licensor's Use of the Prooertv: 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 Imorovements: 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
e
-2-
e
e
e
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 Pronertv: 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 r1Rm"ge 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. Heil!'ht Umitations: 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 any tree and/ or other planting.
9. Access and C1earances: 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. Plant material in 1 gallon containers
(maximum size) may be permitted outside the 25-foot radius around tower legs.
10. Parkin!!:: Licensee will not park, store, repair or refuel any motor vehicles or allow
parking, storage, repairing or retueliIig 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 r1RmRge 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 cont"mh'Rted by such substances, including but not limited to,
containers, clothing and equipment in the manner prescribed by law.
-3-
e
e
e
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. Ucensee 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 i'egulations,
which may occur during and after the Agreement 1:=, and are attributable to the actions of, or failure
to act by, Ucensee or any person claiming under Licensee.
14. Sil!Ils: Licensee must obtain written approval from Licensor prior to the construction
or placement of any sign, signboard or other form of outdoor advertising.
15. Fencine:: Licensee may install fencing on the Property with prior written approval from
Ucensor. 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 Ucensor. Licensee will ground
and maintain all fencing.
16. Parkwavs and LandscaPiru!:: 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. Irriation Eauitlment: 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. Und=ound Tanks: Licensee will not install underground or above-ground storage
tanks, as defmed by any and all applicable laws or regulations, without Licensor's prior written
approval.
19. Undenrround 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. Ucensee will compact any earth to
a compaction of ninety percent (90%). Ucensee 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 ~lA;".,;Ttg 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 chllIge the amount to
the Ucensee. 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. Exoense: 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 Ucensee, without obligation on the part of Licensor to make.
payment or :incur cost or expense for any such matters or things.
-4-
e
e
e
23. Assil!IlIIlents: 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 thirl;l party.
24. Comoliance 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. Governinl! Law: The existence, validity, construction, operation and effect of this
Agreement and all of its tenns and provisions will be determined in accordance with the laws of the
State of CaJifornia.
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
rlAmAge 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 .,lA;m;Ttg under Licensee.
2.7. Termination: This Agreement may be canceled and terminated by either Licensor or
Licensee, at any time, 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:
(al 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. .
(t) 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
-5-
e
e
e
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 :live (5) days.
(h) Any case, proceeding or other action brought agamst 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. R""'edies: 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 .a:nd 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-Possessorv Interest: Licensor retains full possession of the Property and Licensee
will not acquire any interest temporary, p=anent, irrevocable, possessory or otherwise by reason of
this Agreement, or by the exercise of the pennission 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. 59-C, by this reference, is
hereby incorporated herein and made a part hereof.
33. Attornevs' 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 Mametic Fields f"EMF"I: There are numerous sources of power frequency
electric and magnetic :lield ("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 :lield exposures as a possible human carcinogen. Many of the
questions about specific diseases have been successfully resolved due to an aggressive intemational
research progra.rIJ.. ..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 SCE's property that is in close proximity to SCE's
electric facilities, SCE wants to share with Licensee and those who may enter the property under this
~ement, the information available about EMF. Accordingly, SCE has attached to this document, a
btochure that explains some basic facts about EMF and that describes SCE's policy on EMF. SCE
-5-
e
e
e
also encourages you to obtain other infonnation as needed to assist you in understanding the EMF
respect to your 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
Corporate Real Estate Department
Real Estate Operations Division
147.99 Chestnut Street
Westminster,.CA 92683
To Licensee: City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Business Telephone Number: (562) 431-2527
Licensee will immediately notify'Licensor of any address change.
36. Recordinll: Licensee will not record this Agreement.
37. ComDlete A2reement: Licensor and Licensee aclmowledge that the foregoing provisions
and any addenda and exhibits attached hereto constitute the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as
of the day and year herein first above written.
LICENSOR
MARTINL.MAUCH
Right of Way Agent
Real Estate Operations
Corporate Real Estate Department
By:
J?-
UCENSEE
Print Name:~ ~~lo'\
MM/db
-7-
. ,
.'
'....
3: ____
,
,'0,
.)
~
.. .
,
.'
.~. \
I'~(" ~
-......
',--, :
IN {; $e~. C'1l}:
~~
.~
~
~
~ _J.-......._
_L____._ J_.l--
.~
e.
fl"':'"
.~
~
~~
1lSt4
tdrQ
~..
~~
~~
~~
. .
"'.
~Vl
l:l
,k ..
_1 '
_oJ
~
e~
I~
Ill)
I ,,;
r~:~J
i~!"~'
i~1
I. ,
",,~
. lil'~
-.j !~r
I"!
",
~ ~
'II . ~
. I . .~ .
-~--r-t"PA.a.tL- (J..A"'/~ :tt~
_..L. I _ r:'IS:'L~.!.:1~"J.!l:..~''''' .' __. ~'_.
____-1____ 7-1""'1'""""5 -ree
__________Ll!_ ...
't:5S., "'.12W. S.8.B...11
----Jf--
G.f(('Z i<<. 6
'.
f
~U
".
. Q! Fred
b p.a.ncf.. eo.
1J1'y '.
..
'0/
...
It
., ,-
..
,
--Et;r.e/H ..~v
- ,
7'
.fl.tr--/~
,.
I
I
.I
......, E .III. Dill' P"'''PeJtl"y ~
I. _ ':Pa.rk LlceA$~ 'f4 t!ii',! '11\ '\
_ al" :!'..,,1.L OC.:1ch. \
.. 'ji~ '1r.~~;T ,ra ,..o~ i:-::"':;'1~'.K?"~,~J, F'v;;~:;r:j ~~
AND SHOULD ."JOT E-.t t~e,::~ A P;';l'" c..,p Jt;., ::::~~=:\iU7;'m.
8ER. 3'" 6' GoA
. - f
r2Y'C:::fi:..t-tt'o'..E=-..#.;," v.o.
. .
J.O:'
M. S.
-----...-----
-..,.
-'
- ,.-...... -- - --
L....l!?-'~~~~.._I6.:.._~/H
"'"./' ,....1.,.'(,..,<',.'" I'J""e~";:'_'W:Q_'" "/,, ~"'J
/.I""J'~ "'j1i:/'~ ,,/ /1',.1-, 11" ~/cr./ c'\>&4
---
SOUT<lltFlN CALlFOF1"'A Ec'aON co.
. ___ ~oIIMIU.~~_
rO."IIIW.l':I'" p.o.
e
e
e
CITY OF SEAL BEACH
Property No. POADA796F63
Account No. 2009
LICENSE AGREEMENT
INDEX
1. USE
2. TERM
3. CONSIDERATION
4. INSURANCE
5 LICENSOR'S USE OF THE PROPERTY
6. LICENSEE'S IMPROVEMENTS
7. LICENSEE'S PERSONAL PROPERTY
8. HEIGHT LIMITATIONS
9. ACCESS AND CLEARANCES
10. PARKING
11. FLAMMABLES, WASTE AND NUISANCES
12. PESTICIDES AND HERBICIDES
13. HAZARDOUS WASTE
14. SIGNS
15. FENCING
16. PARKWAYS AND LANDSCAPING
17. IRRIGATION EQUIPMENT
18. UNDERGROUND TANKS
19. UNDERGROUND FACILITIES
20. UTILITIES
21. TAXES, ASSESSMENTS AND LIENS
22. EXPENSE
23. ASSIGNMENTS
24. COMPLIANCE WITH LAW
25. GOVERNING LAW
26. INDEMNIFICATION
27. TERMINATION
28. EVENTS OF DEFAULT
29. REMEDIES
30. NON-POSSESSORY INTEREST
31. WAIVER
32. AUTHORITY
33. A'ITORNEY FEES
34. ELECTRIC AND MAGNETIC FIELDS
35. NOTICES
36. RECORDING
,
37. COMPLETE AGREEMENT
ADDENDUM
BIKE PATHS
File Copy
e
e
e
Property No. POADA796F63
Account No. 2009
LICENSE AGREEMENT
THIS AGREEMENT, made as of the I ~ day of ~LP e.w, Ju" , 20 iI' ,
between SOUTHERN CALIFORNIA EDISON COMPANY (SCE), a corpora .on organized under the laws
of the State of California, hereinafter called "Licensor", and CITY OF SEAL BEACH hereinafter called
"Licenseell;
WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the
terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does
hereby give to Licensee the license to use that certain real property described below and depicted on
Exhibit "A" attached hereto and made a part hereof the ("Property") solely for the purpose hereinafter
specified; upon and subject to the terms, reseIVations, covenants and conditions hereinafter set forth.
The subject Property is located in the City of Seal Beach, County of Los Angeles, State of
California.
SUBJECT TO:
Covenants, conditions, restrictions, reservations, exceptions, rights and easements,
whether or not of record :
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 an 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 raod purposes granted to E~est 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 Dl;partment of Water and Power for fence
grounding conductors, by an instrument dated October 3, 1961.
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 !laid Orange County.
-1-
e
i. An easement of water pipelines as granted to the Los Angeles County Flood Control
District by instrument recorded on March 19, 1971 in Book 9577, page 258 of Official Records of said
Orange County (Recorded March 11, 1971 as instrument no. 3434, Book D 4993, page 374 of Official
Records of Los Angeles County.
j. An unrecorded License for pipeline purposes as granted to the Southern Counties Gas
Company by instrument dated May 1, 1965. .
k. An easement for pipeline purposes as granted to the Los Angeles County Flood Control
District by instrument no. 3435, recorded March 11 1971 in Book D 4993, page 881 of Official
Records of Los Angeles County.
1. 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. Reserved by Ernest A. Bryant, Jr.
Trustee, et al.
e
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 parks and/or public recreation purposes only.
Licensor makes no representation, covenant, warranty or promise that the Property is fit for any
particular use, including the use for which this Agreement is made and Licensee is not relying on any
such representation, covenant, warranty or promise. Licensee's failure to make such use of the
Property as determined by the Licensor in its sole discretion, will be grounds for immediate
termination of this Agreement in accordance with Article 28.
2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect
for a term of five (5) years commencing on the first day of .:ruly, 2007 and ending on the last day of
June,2012. 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.
3. Consideration: Licensee will pay to Licensor the sum of Five Hundred Fifty and
00/100 Dollars ($550.00) upon the execution and c;ie1ivery of this Agreement for the full term of this
Agreement.
All accounts not p!rid within 30 days of the agreed upon due date will be charged a late fee on all
amounts outstanding.
insurance:
4. Insurance: During the term of this Agreement, Licensee shall maintain the following
e
(l!-) 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, ~ts
-2-
e
officers, agents and employees, except. for any liability resulting from the willful or gross
negligent acts of the Licensor.
(h) 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 (ili) contain standard
cross-liability provisions.
(c) Commercial Automobile Insurance with a combined single limit of $1,000,000.00. Such
insurance shall: (i) cover the use of owned, non-owned and hired vehicles on the
Property and (ii) name Licensor, its officers, agents and employees as additional
insureds.
Licensee shall provide Licensor with proof of such insurance by submission of certificates of
insurance, pursuant to Section 35 "Notices," at least ten days prior to the effective date of this
Agreement. Such insurance shall not be canceled nor allowed to expire nor be materia11y reduced
without thirty days prior written notice to Licensor, or provide a certificate of self insurance.
5. Licensor's Use of the Propertv: 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.
e
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 mRking 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 ProPertv: 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 c~nsent until Licensee has cured such default, and
Licensor shall have a lien thereon to the extent thereof.
8. HeilZht 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-live (25) feet from all overhead electrical conductors.
All trees and plants on the Property will be maintained by Licensee at a maximum height
off1fteen (15) feet. If requested by Licensor, Licensee will remove any tree and/or other planting.
e
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
-3-
e
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. Plant material in 1 gallon containers
(maximum size) may be permitted outside the 25-foot radius around tower legs.
10. Parkinll: Licensee will not park, store, repair or refuel any motor vehicles or allow
parking, storage, ,!,epairing 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. License!! 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 rlAmAge or disturbance, caused by dust, odor, flammable or waste materials,
noise or other nuisance disturbances. Licensee will not permit dogs on the Property.
e
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. ~: Licensee must obtain written approval from Licensor prior to the construction
or placement of any sign, signboard or other form of putdoor advertising:
15. Fencinll: 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. Parkwavs and LandscaDinll: 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.
e
17. Inimtion EouiDment: Any irrigation equipment located on the Property prior to the
commencement of this Agreement, including but not limited to pipelines, well pumping equipment and
-4-
e
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. Underl!I'Ound 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. Undereround 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 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 iJXtures on the Property. Licensee will keep the Property free from all liens,
including but not limited to, mechimics liens and encumbrances by reason of use or occupancy by
Licensee, or any person claiining 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.
e
22. Exoense: 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. Assilmments: 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. ComDliance 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. Goveminll 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 ..lA;m;ng under Licensee.
e
27. Termination: This Agreement may be canceled and terminated by either Licensor or
Licensee, at any time, upon thirty (30) days notice in writing. Licensee will peaceably quit, surrender
-5-
e
e
e
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.
(h) 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 e]CClude Licensor from the licensed premises.
(gJ 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 Ucensor at law or in equity, Licensor shall have the immediate option to
terminate this Agreement and all.rights of Ucensee 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.
-6-
e
e
e
Licensor's consent to or approval of any act shall not be deemed to render unnecessBIY 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. Attornevs' 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 MallIletic Fields ("EMF"I: 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 SCE's property that is in close proximity to SCE's
electric facilities, SCE wants to share with Licensee and those who may enter the property under this
a~ement, the information available about EMF. Accordingly, SCE has attached to this document, a
brochure that explains some basic facts about EMF and that describes SCE's policy on EMF. SCE
also encourages you to obtain other information as needed to assist you in understanding the EMF
with respect to your 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 fonows:
To Licensor: Southern California Edison Company
Corporate Real Estate Department
Real Estate Operations Division
14799 Chestnut Street
Westminster CA 92683
To Licensee: City of Seal Beach
211 East Eighth Street
Seal Beach, CA 90740
Business Telephone No.
(562) 431-2527
Licensee will immediately notify Licensor of any address change.
36. Recordim!: Licensee will not record this Agreement.
-7-
e
e
e
37. Comolete Aereement: Licensor and Licensee aclmowledge that the foregoing provisions
and any addenda and exhibits attached hereto constitute the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as
of the day and year herein first above written.
SOUTHERN CALIFORNIA ED ON COMPANY
By:
UCENSOR
MARTIN L. MAUCH
Right of Way Agent
Real Estate Operations
Corporate Real Estate Department
CITY OF SEAL BEACH
By:
UCENSEE
Print Name:
jg
-8-
ADDENDUM
e BICYCLE PATH
A. Licensee must obtain the prior written approval from Licensor for the installation of any 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
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.
Licensee's Initials
:~::{:\:
.. .....
\:::::::::::::
................'
e
-1-
7TH ST.
J_ CATHODIC PROTECllON SITE T. 4 S.
~ 15' RD ESMT 2+1
--
\
\ 300.00'
ALA~Arros
GENERA 1'JNG
S1' A1'JON
'"\ ..........
I CIL 10' SLOPE ESMT ....;......
II ."..tJ11o""."..*"
. .... ....
I .;""""":,,-.,,...,.
\ .,-"" ."."'"
'II ......\.. ......
" .",.' ".""
, ~.",.."..",..;.
\ .. ...... 10' WIDE BIKE "TRAIL
....JJ..;.... LICENSED TO CITY OF
, ~ 1-;.r I SEAL BEACH
,\1 I~ $
It\l~ $ J
II ' /
-.-. ._.f._.-'-'-'_._._'-/~
270.00'
LEGEND
D
\
\
~~
U',~
~~
~\
~\
U>\
C1
ci\~
~~
~'?;..
r----J
"'----
lANDS OF SOUTHERN CAUFORNIA EDISON COMPANY
(TOTAL AREA: GROSS SQ. FT. 145,960, AC. 3.22)
lANDS OF SOUTHERN CALIFORNIA EDISON COMPANY
BEING LICENSED TO CIlY OF SEAl. BEACH
FOR BIKE TRAIL
APPROXIMATE TOWER LOCATION
o
100
SCALE IN FEET
~
(50'-100' CLEARANCE)
TOT AL AREA(GROSS) sa. FT. 5,653
F CILlTY NAME: ALAMITOS . DEL AMO T IL RIW
SEE: CITY OF SEAL BEACH
P OPERTY NO. : POADA7SSFS2
LAND MAPPING: m TAN
SANDERS MAP NO.: 5012013
M.S.: 48-88
EXHIBIT
AC.O.13
P.I.D. NO. 5012013 J.O. 0005
Cl1Y: SEAl. BEACH
COUN1Y: LOS ANGELES
RIP AGENT: MARTIN MAUCH
ACCOUNT NO.: 2009
OTHER REF.: PREVIOUS EXHIBIT MAP
DATE: 04/03/03
o
C!
o
10
I'")
T. 5 S.
200
"A"
JAMIN 10: GIS15538
T.G.: 796 F-6
STATE: CA
~I.a h.1"....... .,nn"il,:r-oIC:11:l:a:;~g "'......