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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,
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
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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.
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•
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
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