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HomeMy WebLinkAboutAGMT - Los Angeles City - DWP (License to Operate Bike Trail) - r .:p x.c t` ° u ai' r, v` r nr a? r'4 1 c s r �'�''�1•-.0 4 sAyf '4,4 '�i ".t . 8 -s, rv, z-i rt9/ill'.. S3/4717,5 "1 s:°t jf r 'r. N. 1 '',r.t ?Pj ":.f a -4r cf._r n 1:$1 gl*K FWg 'ti ti- n r -' f-. z ry ps' ,7� r k a ,T S+ s[, t $ R 7.c ,.(4 w n-e i paPOUa f a ` v--41t0. r s t '.t x , f ar. �`i`4 "r' it y r 4"'�� s, '9C.� D T. . ..V �t �xo . .:, r'a�7*, r ' 7ay�. �?f- ,�KS'MC.m4"y'#: '�rw ,� �, #Lca 5,'i'itx . r8 -a_,µn''Rb �aa'i`'r,,, - `t. r 7-4,- -he -tt_ y,'t ,ee-# Ea_1'. .r ,° Jsms2.k 2' o +`.'"4 'takl ,x_,;:g�t ° 6 s 'f tf' , �'„ - . "Y E ge e.!r#+ € _ ""'ii,; xa":, r 4 t u., „'w N£u.d..-z iLki-,v- �' ,r �' ��v f,P 2 3' -rr• k ''� + g '4 s ar v. rt fi ` iS °,... ,3 n. sn y Q: ,+ .t 7 3' N a x x- r ,�s�° 3..� "L� a y 4-0C.s fi t i.^`.L ,.,y;,S �sY.,. .?s 1 �CN iy On r $. ,aaf:7"--1 94 r r r 'i Y 3 3-A, 2 n .{.. 3+.14 - S'` of :'4^ iMb;t4::4 - s,(- a;'4'!'fr' 21 \` nY. iara r j ti . Y.' 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A'_,.i ''1 3 X `, dal ?, N., ii�" '9— tr := R: .F S:Ih; ,.w1"A'`.-Se eiit r:c bt "K. `n twg.S ,1 ..x 7.1/ ..,. .. . ,- x.n,-u7:.:.. �. ... ,.< _r. ,.... ._ter,r. _ . o�,.,l, Pi.u..v h'e _ .. 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, 7—(3_ 77/1. Robert A. Nelson City Manager RAN:pel cc : County of Los Angeles Road Department Department of Water and Power — City of Los Angeles City of Long Beach • L I C E N S E THE DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES, Licensor (sometimes hereinafter referred to as the "Department "), for and in consideration of Fifty Dollars ($50) and of the keeping and performance by Licensee of the terms and conditions hereof gives permission to The City of Seal Beach, , Licensee, whose address is 211 8th Street, Seal Beach, California, 90740 , to operate a bike trail across the westerly portion of the Department of Water and Power's Haynes Cooling Water Intake Structure adjacent to and east of Pacific Coast Highway and north of First Street, City of Seal Beach, as shown on the attached drawing. , THE FOREGOING PERMISSION is given upon and subject to the following. terms and conditions: • 1. The right and permission of Licensee is subordinate to the prior and paramount right of Licensor to use said real property for the public purposes to which it now is and may, at the option of Licensor, be devoted. Licensee undertakes and agrees to use said real property and to exercise this -1- P -59190 • • license jointly with Licensor, and will at all times exercise the permission herein given in such manner as will not injure or interfere with the full use and enjoyment of said premises by the Department. 2. Licensee hereby acknowledges title in The City of Los Angeles, a-municipal corporation, and said Department in said real property, and agrees never to assail or resist the same, and further agrees that Licensee's use and occupancy of said premises shall be referable solely to the permission herein given. 3. This license is subject to modification or revocation by the Department at any time, regardless of the manner or duration of use or occupancy of the premises. This license may be revoked by the Department, at its option, at any time by the giving of 90 days' notice of revocation to Licensee. Such notice may be given by delivering the same to Licensee personally or by mailing the same addressed to Licensee at the address above given, or to such other address as the Licensee may in writing from time to time, direct; and the giving of such notice by mail shall be complete at the time of mailing. This license will be revoked by the Department in the event of any failure or refusal on the part of Licensee to keep or perform any of the terms or conditions herein. Upon any termination of this license, by revocation or otherwise, Licensee shall promptly restore the premises to its original condition; and in the event of Licensee's failure so to do, the Department may restore said premises entirely at the risk and expense of Licensee. 4. In exercising the permission herein given, Licensee shall at all times observe and comply with all applicable laws and lawful regulations. 5. Licensee hereby undertakes and agrees to release, hold harmless and indemnify The City of Los Angeles and its said Department and all officers and employees of each from and against any and all claims, loss, demands, expense, damage or liability whatsoever for injuries to or death of persons or damage to property in any manner arising out of the exercise or enjoyment by Licensee of any right or permission herein given or by reason of any failure on the part of Licensee to keep or perform any of the terms or conditions hereof. 6. Licensee will pay for all materials placed upon, joined, or affixed to said premises by or at the instance of Licensee, and will pay in full all persons who perform labor upon said premises at the instance of Licensee, and will not cause or ,permit any liens of any kind or nature to be levied against said premises for any work done or materials furnished thereon at the instance or request of Licensee. -2- • 7. This license agreement and permission herein given is personal to the Licensee and is not assignable. • DATED : / 72- ° / 97�� DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES APPROVED: LOUIS H. WINNARD GENERAL MANAGER AND CHIEF ENGINEER By (7 /47-7 , --q-cs 12 Y - // JAMES L. MUL F. C. OSBORN Chief Electrical Engineer Electrical Engineer in and Assistant Manager Charge of Operation LICENSOR APPROVED AS TO FORM AND LEGALITY BURT PiNE.;, CITY ATTORNEY C�II R 9 `�►76 c� THE CITY OF EAL B H ' NAkt0, B itA R•' =r D. eisman Doputy City Attorney By 'And LICENSEE -3-