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February 22, 1989
Los Angeles County
Flood Control District
Post Office Box 2418,
Terminal Annex
Los Angeles , California 90051
In Re: Bicycle Path Agreement
Gentlemen:
This letter will serve as formal notification of the intent of
the City of Seal Beach to terminate any and all participation of
the City of Seal Beach in the agreements for the Bike Path which
extends along the San Gabriel River.
The Agreements and/or Licenses which the City of Seal Beach
hereby terminates are those between itself and:
1 . The County of Los Angeles Road Department which was
authorized by the County of Los Angeles in August 10,
1976 and numbered 28100;
2. The Department of Water and Power of the City of Los
Angeles which is dated November 6, 1975;
3. The City of Long Beach dated April 22, 1976;
4. The Department of Water and Power of the City of Los
Angeles which is dated May 20, 1976;
5. The Department of Water and Power of the City of Los
Angeles which is dated May 17, 1976;
6. The Los Angeles County Flood Control District , approved
by the district on July 8, 1975, and numbered 25706;
7. The Los Angeles County Flood Control District Permit
Numbered 77241—B, issued May 19, 1977.
In addition, all other Bike Path Agreements are hereby terminated
on which the City is a signatory involving the Bicycle Path along
the San Gabriel River which may not be enumerated herein.
The City of Seal Beach is being held accountable for incidents
that have occurred in other cities as a result of those
agreements and the status of the City of Seal Beach as a
signatory. Since the City of Seal Beach is being wrongfully
included in lawsuits for activities over which the City of Seal
Beach had no control, it no longer wishes to participate in the
Bicycle Path Program along the San Gabriel River.
Unless indicated otherwise , the termination of these Agreements
is effective the date of this letter.
Sincerely,
Robert A. Neon
City Manager
RAN:pel
cc : County of Los Angeles Road Department
Department of Water and Power — City of Los Angeles
City of Long Beach
781 • .
1 AGREEMENT
2 THIS AGREEMENT, BY AND BETWEEN rri °-'
3 LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT, a body corporate and
4 politic, hereinafter referred to
as "DISTRICT ";
5
AND
6
CITY OF SEAL BEACH,
7 a municipal corporation in the
State of California, hereinafter
8 referred to as "CITY ";
9 COOPERATIVE PROGRAM
10 1. District, while performing its primary functions of flood control
11 and water conservation, will cooperate where feasible with City in the develop-
z a o 12 ment of recreational facilities located on District properties.
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).1-2. 13 FUTURE RECREATIONAL FACILITIES
025 1 2. City will submit written requests for any future City recreational
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o 15 activities on District properties to District for its review. Upon written
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..1<0 16 notification by Chief Engineer of District that the proposed use is compatible
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17 with District's functions, the use may be initiated, subject to the terms of
18 said written notification and this Agreement. District may at anytime notify
19 City in writing of modifications or additions to the special conditions relating
20 to City activities necessary to retain compatibility with District functions.
21 Said modifications and /or additions shall become binding upon City from the
22 date of notification to City and shall be accomplished by City within a reason -
23 able length of time.
24 3. In the event modification of any District facility is required for
25 City development, . and provided that such modification at City's expense is
26 acceptable to District, a permit will be issued by District for said modifi-
27 cation. The use of said facility will not commence until the terms of the
28 permit have been fully complied with to the satisfaction of District's Chief
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1 Engineer. District shall be notified at least seven days prior to formal
2 dedication or opening of any recreational use involving District properties.
3 USE OF DISTRICT RIGHTS OF WAY
4 4. To the degree it is empowered to do so, District will grant City
5 permission to use District's rights of way to carry out the recreational
6 purposes herein contemplated, where such use is approved as provided in
7 Paragraphs 2 and 3, supra. Any change in revenue or increased cost to the
8 District caused by reason of recreational use of District's rights of way,
9 however, shall be compensated by City. These costs shall include, but not
10 be limited to, land costs, severance damages, and incidental costs relative
11 thereto.
i o 0 12 FLOOD CONTROL AND WATER CONSERVATION PRIORITY °
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13 5. Use of facilities for recreational purposes shall be subordinated
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u a a 4 1 4 to the basic flood control and water conservation purposes of the area as
N o W o 15 determined by Chief Engineer for District and shall in no way conflict with
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= 16 this purpose. Chief Engineer reserves the right to cancel any specific use
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17 should, in his opinion, there develop a substantial incompatibility between
18 recreational uses and flood control and water conservation uses arising from
19 any cause whatsoever. Said use shall be terminated 30 days after notification
20 in writing by the Chief Engineer.
21 6. City will maintain the District's rights of way and related flood
22 control facilities affected by recreational uses in accordance with any special
23 maintenance requirements established by District's Chief Engineer and shall
24 be wholly responsible for maintenance of all improvements installed by City
25 on District's right of way for the purposes contemplated herein.
26 7. All fencing and other facilities installed by City on District rights
27 of way for recreational uses will be subject to removal by District or by City
28
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i81373R2 -7)73 ' • •
•
at District's request for District's maintenance purposes as required, and cost
2 for restoration and maintenance of said facilities shall be borne by City.
3 8. Neither District nor any officer or employee thereof is responsible
4 for any damage or liability occurring by reason of anything done or omitted to
5 be done by the City under or in connection with any use of District's facilities
6 for recreational purposes authorized by this Agreement or by any permit
7 issued to City by District pursuant to the terms of this Agreement. It is
8 further understood and agreed that, pursuant to Government Code 895. 4, City
9 shall fully indemnify and hold District harmless from any claims, loss,
10 damage, or liability to itself or to third parties occurring by reason of City's
11 use and /or modification of District's rights of way and facilities. "City's use
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0 12 and /or modification of District's rights of way and facilities" includes any use
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u a 13 and /or modification authorized by any permit or license granted by City to any
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6 ` 1.4 14 third party or organization. Should District prevail in any action at law or
N o W o 15 arbitration between parties to this Agreement arising out of said Agreement,
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• x Z 16 City agrees to pay District all costs of said arbitration or action including
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17 a reasonable attorney's fee.
18 9. Should any person or persons enter the District right of way in the
19 vicinity of a recreational use sponsored by City, it shall be assumed in the
20 absence of clear evidence to the contrary that such person or persons gained
21 entry through openings provided for City's recreational use, and City shall
22 fully indemnify and hold harmless District from any claims, loss, damage,
23 or liability in accordance with Paragraph 8 of this Agreement.
24 EXISTING RECREATIONAL FACILITIES
25 10. Existing City recreational uses of District rights of way previously
26 authorized by the District shall be subject to the terms of this Agreement
27
28
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1 upon execution. Those facilities, if any, are described in Exhibit A. Only
2 previously approved facilities described in Exhibit A shall be subject to the
3 terms of this Agreement.
4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement
5 to be executed by and through their respective duly authorized officers on
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6 this day of , 1976, by City and on
7 this ` day of t-4-- 0 .
f , 197.x, by District.
8 LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT
9
10 (SEAL) - -I
By ZAMES A. HAYES
11 Chairman, .Board of Supervisors
J
14 Z oo 12
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" cr - 13 ATTEST:
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Z 2 o James S. Mize '1., r
' o 2 - q 14 Executive Officer -Clerk of y �
Z a u W the Board of Supervisors �` ADOPTED
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= 2 z a 16 By - - -- ceu�sr1 Or 1.:.,S : P:r -
FRANCES L. HUSSY.
z CO u) Deputy
17 58
APPROVED AS TO FORM: JUL 8 197
18 John H. Larson h"O fir-,
County Counsel It
19 JAMES S. MIZE
c = �� O � EXECUTIVE OFFICER
'
20 By /�f� / Z^'_
Deputy ` )
21
22
CITY OF SEAL BEACH
23
24
By - -- -- J
25 Mayor ,
ATT
26
27 B Wi. � _ y, —
28 t.Cle
P, S:ca
ay 5, 1975
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