HomeMy WebLinkAboutAGMT - Southern California Edison (Beverly Manor Bike Trail) •
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RP File No. P91S019 -4 -33
LICENSE AGREEMENT
THIS AGREEMENT, made as of the day of , 19
between SOUTHERN CALIFORNIA EDISON COMPANY. a corporation organized under the laws of the
State of California, hereinafter called "Licensor ", and CITY OF SEAL BEACH hereinafter called
"Licensee ";
WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the
terms; covenants and agreements hereinafter set forth to be kept and performed by Licensee, does
hereby give to Licensee the license to use that certain real property described below and depicted on
Exhibit "A ". attached hereto and made a part hereof the ( "Property") solely for the purpose hereinafter
specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth.
That property located in the City of Seal Beach, County of Orange, State of
California.
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 an 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 road purposes granted to Ernest 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 pennit as granted to the City of Los Angeles Department 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 818 of Official Records
of said Range County.
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1. An easement for 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 113434, 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 an instrument dated May 1, 1965.
k. An easement for pipeline purposes as granted to the Los Angeles County Flood County
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 and page 332 of Official Records.
m. An easement for powerllnes, water and gas pipes, oil pipelines, conduits, poles an
towers, and incidental purposes, as granted to Los Angeles Gas and electric Corporation, by deed
recorded April 21. 1925, in Book 3962, 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.
o: An unrecorded license for a carrier manhole as granted to General Telephone
Company by an instrument dated September 9. 1982.
1. Use: Licensee will use the Property for bike path 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 July, 1992 and ending on the last day
of June, 1997. 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 Three Hundred and 00/100
Dollars ($300.00) upon the execution and delivery of this Agreement, for the full term of this
Agreement.
4. Uabl.Ity Insurance: Licensee will insure its liabilities which may result from its
activities hereunder by the purchase of a liability insurance policy with a Combined Single Limit of
not less than Two Million and 00/100. Dollars ($2,000,000.00) and will include Licensor as an
additional insured. Licensee will provide Licensor with evidence of such insurance upon request.
5.. Licensor's Ilse 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.
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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, 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 Properly: 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 thirty (30) days after 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 seventeen (17) 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 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 of sixteen (16) feet in width,
together with commercial driveway aprons and curb depressions capable of supporting a gross load of
forty (40) tons on a three -axle vehicle. 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 25- foot - radius around all tower legs.
b. A 10- foot - radius around all steel and wood poles.
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. Flammahles. 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.
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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 bylaw.
13. lima Hazardous Waste: Licensee will not engage in, or permit any other party to engage in,
any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to
hazardous, toxic or infectious materials and /or waste. Licensee will indemnify and hold Licensor, its
directors, officers, agents and employees. and its successors and assigns, harmless from any and all
claims, loss, damage, actions, causes of action, expenses and /or liability arising from leaks of, spills .
of, and /or contamination by or from hazardous materials as defined by applicable laws or
regulations, which may occur during and after the Agreement term, and are attributable to the actions
of, or failure to act by, Licensee or any person claiming under Licensee.
14. Signs: Licensee •must obtain written approval from Licensor prior to the construction
or placement of any sign, signboard or other form of outdoor advertising.
15. Fencing: Licensee may install fencing on the Property with prior written approval
from Licensor. Such fencing will include double drive gates, a minimum of sixteen (16) feet in width,
designed to accommodate Licensor's locks, in locations specified by Licensor. Licensee will ground
and maintain all fencing.
16. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent
to the Property free of weeds and trash. Licensee will maintain parkways and provide landscaping
that is compatible with adjoining properties and that is satisfactory to Licensor.
17. Irrigation Equipment: Any irrigation equipment located on the Property prior to the
commencement of this Agreement, including but not limited to pipelines, well pumping equipment
and other structures, is the property of Licensor and will remain on and be surrendered with the
Property upon termination of this Agreement. Licensee will maintain, operate, repair and replace, if
necessary, all irrigation equipment at its own expense.
18. Underground 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 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 real property, 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 ten percent (10%)
"late fee" on all amounts outstanding or at the maximum rate allowed by law.
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22. Expense: Licensee will perform and pay all obligations of Licensee under this
Agreement. All matters or things herein required on the part of Licensee will be performed and paid
for at the sole cost and expense of Licensee, without obligation on the part of Licensor to make
payment or incur cost or expense for any such matters or things.
23. Assignments: This Agreement is personal to Licensee, and Licensee will not assign,
transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so
will be void and confer no right on any third party.
24. Compliance with Law: Licensee will comply with all applicable federal, state, county
and local laws, all covenants, conditions and restrictions of record and all applicable ordinances,
zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public
authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent
thereto. Licensee will obtain all permits and other governmental approvals required in connection
with Licensee's activities hereunder.
25. Governing Law: The existence, validity, construction, operation and effect of this
Agreement and all of its terms and provisions will be determined in accordance with the laws of the
State of California.
26. Indemnification: Licensee shall hold harmless, defend and indemnify Licensor, its
officers, agents and employees, and its successors and assigns, from and against all claims, loss,
damage, actions, causes of actions, expense and /or Liability arising from or growing out of loss or
damage to property, including that of Licensor, or injury to or death of persons, including employees
of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or
the use or occupancy of the Property by Licensee or any person claiming under Licensee.
27. Termination: This Agreement may be cancelled 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:
(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.. 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 and Administrative Services
Land Services Division
500 N. State College, Suite 750 .
Orange, CA 92668
To Licensee: City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Business Telephone No. (213) 431 -2527
Licensee will immediately notify Licensor of any address change.
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35. Recording: Licensee will not record this Agreement.
36. Complete Agreement: Licensor and Licensee acknowledge that the foregoing
provisions and any addendums and exhibits attached hereto constitute the entire Agreement between
the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in
duplicate as of the day and year herein first above written.
SOUTHERN CALIFORNIA EDISON COMPANY
BY r
LICENSOR
A.E. KNUDSEN
Regional Manager
Land Services Division
Real Properties and
Administrative Services
CITY OF SEAL BEACH
By (/ / LICENSEE
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ADDENDUM
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 or 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 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.
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censee's Initials
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