2300 - Southern California Edison - Klingerman Park License AgreementSCE Doc. 108272 and 307751 Art
(Formerly Contract No. L1212)
CITY OF ROSEMEAD
L I C E N S E A G R E E M E N T
INDEX OF ARTICLES
1. USE
2. TERM
3. CONSIDERATION
4. INSURANCE
5. LICENSORS USE OF THE PROPERTY
6. LICENSEE'S IMPROVEMENTS
7. LICENSEE'S PERSONAL PROPERTY
8. HEIGHT LIMITATIONS AND VERTICAL CLEARANCES
9. ACCESS AND CLEARANCES
10. PARKING
11. WEEDS, BRUSH, RUBBISH AND DEBRIS (WEED ABATEMENT)
12. FLAMMABLES, WASTE AND NUISANCES
13. PESTICIDES AND HERBICIDES
14. HAZARDOUS WASTE
15. SIGNS
16. FENCING
17. PARKWAYS AND LANDSCAPING
18. IRRIGATION EQUIPMENT
19. UNDERGROUND TANKS
20. UNDERGROUND FACILITIES
21. UTILITIES
22. TAXES, ASSESSMENTS AND LIENS
23.EXPENSE
24. ASSIGNMENTS
25. COMPLIANCE WITH LAW
26. GOVERNING LAW
27. INDEMNIFICATION
28. TERMINATION
29. EVENTS OF DEFAULT
30. REMEDIES
31. NON - POSSESSORY INTEREST
32. WAIVER
33. AUTHORITY
34. ATTORNEY FEES
35. ELECTRIC AND MAGNETIC FIELDS
36. NOTICES
-I-
2013.07 .30_VlO
Initial
censor /Licensee
SCE Doc. 108272 and 307751 Att. Contract No. 9.2315
(Formerly Contract No. L1212)
37. RECORDING
38. COMPLETE AGREEMENT
APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS
ADDENDUM(S)
PARK USE
TREES/ LANDSCAPING
Ini6 � /(ice
censor /Licensee
2.
2013.07.30_V 10
SCE Doc. 108272 and 307751 Att. Contract No. 9.2315
(Formerly Contract No. L1212)
LICENSE AGREEMENT
THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation
organized under the laws of the State of California, hereinafter called "Licensor ", and CITY OF
ROSEMEAD, 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 solely for the purpose hereinafter
specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth,
hereinafter designated as "Property" on the Exhibit "A" attached hereto and made a part hereof, being
0.48 acres, situated in the City of Rosemead, County of Los Angeles, State of California, described as
follows:
That portion of Lot A of Tract No. 3260, as per Map recorded in Book 34, Page 21 of Maps,
in the Office of the County Recorder of said Los Angeles County, bounded and described as follows: on
the Southeast by the Northwesterly line of that certain parcel of land conveyed to the City of Monterey
Park by deed recorded December 27, 1968, in Book D4235, Page 610, of Official Records, in the Office
of the County Recorder of said Los Angeles County, on the North by the Southerly line of Mingerman
Street, 60 feet wide, as described in that certain easement to the County of Los Angeles, filed as
Document No. 322 -D in the Once of the Registrar of Land Title of said County, now records of the
Recorder's Office of said Los Angeles County, and on the West by the Easterly line of Southern
California Edison Company's General Office parking lot, Section A, said land as shown on map
attached marked EXHIBIT "A" and by this reference made a part hereof.
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 for sanitary sewer purposes granted to the City of Rosemead by Instrument
recorded on May 26, 1971, in Book D5069, Page 469, of Official records, in the Office of the County
Recorder of said Los Angeles County.
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 utilize the Property in
accordance with this License as determined by the Licensor in its sole discretion will be grounds for
immediate termination of this Agreement in accordance with Article 29.
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 January, 2014 and ending on the last day of
December, 2018. 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.
Initial
ensor /Licensee
-3-
2013,07.30_V 10
SCE Doc. 108272 and 307751 Att. Contract No. 9.2315
(Formerly Contract No. L1212)
3. Consideration: Licensee will pay to Licensor the sum of One Hundred and 00 /100
Dollars ($100.00) upon the execution and delivery of this Agreement with subsequent annual
payments. Payment schedule as follows:
Term
Year Due
Yearly
Amount
Payment Due
Pint Day Of
First Year
2014
$100.00
January
Second Year
2015
$100.00
January
Third Yew
2016
$100.00
January
Fourth Year
2017
$100.00
January
Fifth Year
2018
$100.00
January
All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten
percent (10 %) of the amount due. To the extent a payment is not made within sixty (60) days, Licensor
may increase the late fee to twenty percent (20 %) of the amount due. Licensor shall further be entitled
to any other fees associated with collection of the unpaid amounts (including, but not limited to
attorney's fees and costs).
All payments subsequent to the initial payment will be paid to the Southern California Edison
Company, Post Office Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting
Department — Accounts Receivable.
insurance:
4. Insurance: During the term of this Agreement, Licensee shall maintain the following
(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 each
accident, disease /each employee, and disease /policy limit. 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 willful or grossly negligent acts of
the Licensor.
(b) Commercial General Liability Insurance, including contractual liability and products
liability, with limits not less than $2,000,000.00 per occurrence. 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 (iii) contain separation
of insureds or cross - liability clause, and (iv) require its insurer to waive all rights of
subrogation against Licensor, its officers, agents and employees, except for any liability
resulting from the willful or grossly negligent acts of the Licensor.
(c) Commercial Automobile Liability insurance with a combined single limit of
$1,000,000.00. Such insurance shall cover the use of owned, non -owned and hired
vehicles on the Property.
(d) Self Insurance: Licensee may self - insure all of the insurance requirements above if they
belong to an approved Secondary Use Category and the self -insurance is maintained
under a self- insurance program reasonably satisfactory to Licensor. Parks and /or
Initial �)
censor / L censee
-q
2013 07.30 V10
SCE Doc. 108272 and 307751 Art. Contract No. 9.2315
(Formerly Contract No. L1212)
public recreation use is an approved Secondary Use Category; Licensee may submit
written verification of self - insurance to meet the above insurance requirements.
Licensee shall provide Licensor with proof of such insurance by submission of certificates of
insurance, pursuant to Article 36 "Notices ", at least ten days prior to the effective date of this
Agreement, and thereafter at least ten days prior to each insurance renewal. Such insurance shall not
be canceled nor allowed to expire, nor be materially reduced, without thirty days prior written notice to
Licensor, ten days for non - payment of premium. The required insurance policies shall be maintained
with insurers reasonably satisfactory to Licensor, and shall be primary and non - contributory with any
insurance or self - insurance maintained by Licensor.
5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and
assigns, have the right to enter upon the Property, at all times, 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 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 making any use of the Property. Licensee's
conceptual plans for proposed improvements shall be developed in accordance with the guidelines
contained in the Appendix to this License. it is understood and agreed that the general guidelines
contained in the Appendix are intended to provide a framework for the development of conceptual
plans only; and that Licensor may modify or add to the conditions contained in the Appendix hereto,
based on individual site characteristics, Licensor's existing or potential operating needs or Licensee's
proposed use(s). 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 28.
7. Licensee's Personal Propert y: 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 consent until Licensee has cured such default, and
Licensor shall have a lien thereon to the extent thereof. Licensee further acknowledges and agrees that
Licensor is not responsible for Licensee's property. Licensor further assumes no duty or obligation to
maintain or secure Licensee's property including, but not limited to such times when Licensee's
property may not be removed by Licensee from the Property in the event of a default.
8. Height Limitations and Vertical Clearances: 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
-5-
2013 0730 V10
Initi -A /
censor /h e
SCE Doc. 108272 and 307751 Art. Contract No. 9.2315
(Formerly Contract No. L1212)
to maintain minimum clearances from all overhead electrical conductors as designated in the table
below:
Vehicle/ Equipment Vertical Clearance
500 kV
36 feet
220 kV - 66kV
30 feet
<66kV Distribution Facilities
25 feet
Telecom
18 feet
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, at Licensee's expense, any tree
and /or other planting.
9. Access and Horizontal 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 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, H- Frames and poles and 100 -foot
radius around dead -end tower legs, H- Frames and poles.
b. A 25- foot - radius around all other poles.
NOTE: Additional clearance may be required for structures.
10. P_arkine: 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. Weeds Brush Rubbish and Debris (Weed Abatement): Licensee will keep the Property
clean, free from weeds, brush, rubbish and debris and in a condition satisfactory to Licensor.
12. Flammables Waste and Nuisances: Unless permitted by Licensor in writing, Licensee
will not, or allows others to place, use, or store any flammable or combustible materials or waste
materials on the Property or commit any waste or damage to the Property or allow any to be done.
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 animals on the Property.
13. 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
Initia
censor Acensee
6-
2013,07,30_V10
SCE Doc. 108272 and 307751 Art. Contract No. 9.2315
(Formerly Contract No. L1212)
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.
14. 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.
15, Sims: Licensee must obtain written approval from Licensor prior to the construction
or placement of any sign, signboard or other form of outdoor advertising. Licensee shall within three
(3) days from the date on which the Licensee becomes aware of the graffiti remove any signs containing
graffiti or shall otherwise remove such graffiti from the signs in a manner reasonably acceptable to
Licensor. Licensee shall not advertise on any Sign any product, service, or good which is offensive to
the public or which Licensor, in its reasonable discretion, deems objectionable.
16. Fencin : Licensee may install fencing on the Property with prior written approval from
Licensor. Such fencing will include double drive gates, a minimum of twenty (20) feet in width,
designed to accommodate Licensor's locks, in locations specified by Licensor. Licensee will ground
and maintain all fencing in a manner acceptable to Licensor.
17. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent
to the Property free of weeds, brush, rubbish and debris. Licensee will maintain parkways on the
Property and provide landscaping that is compatible with adjoining properties and that is satisfactory
to Licensor.
18. 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. Should Licensee desire to use the irrigation equipment, Licensee
will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense.
19. Underground and Above - Ground 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.
20. 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
excavated 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.
21. Utilities: Licensee mill 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.
-7-
2013.07,30_V10
Initial ensor/
(J� /censor /L((f���ensee
SCE Doc. 108272 and 307751 Att. Contract No. 9.2315
(Formerly Contract No. L1212)
22. 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 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 'gate
fee' on all amounts outstanding up to the maximum rate allowed by law.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. Termination: Licensor may cancel and terminate this agreement, at any time, for any
reason for all or any portion of the licensed Property, upon thirty (30) days notice in writing. Licensee
may cancel and terminate this agreement at any time, for any reason for all of the licensed Property,
upon thirty (30) days notice in writing. In the event Licensee wishes to cancel and terminate this
agreement for a portion of the licensed property, Licensee will request Licensor's consent to either an
amendment or a new license, such consent may be withheld in Licensor's sole and absolute discretion.
To the extent an amendment or new license is granted, Licensee shall peaceably quit, surrender and,
prior to termination date, restore the Property being vacated to the condition in which it existed prior
to Licensee's use of the Property in a manner satisfactory to 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. To the event of a termination for any reason other than non - payment of the License fee,
0
2013,07.30_V 10
Initial
ensee
SCE Doc. 108272 and 307751 Att. Contract No. 9.2315
(Formerly Contract No. L1212)
Licensor shall refund any previously collected /pre -paid License fees covering the unused portion of the
remaining term.
29. 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 24.
(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
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.
30. 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 any and all of Licensee's
personal property from the Property, including but not limited to, buildings, structures, fixtures, or
goods. 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. Such amounts shall include, but
are not limited to environmental studies and environmental remediation and /or cleanup attributable
to Licensee's use of the Property. Licensor shall have no obligation to keep or otherwise maintain
Licensee's property and may, at its option sell such property or otherwise dispose of it.
So
2013.07.30_V 10
Initial l561 )/A
censor / L censee
SCE Doc. 108272 and 307751 Att. Contract No. 9.2315
(Formerly Contract No. L1212)
31. 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.
32. 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.
33. 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.
34. 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.
35. Electric and Magnetic Fields ( "EMM: 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 40 years of research have not established EMT 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 Licensor property that is in close proximity, to
Licensor electric facilities, Licensor wants to share with Licensee and those who may enter the
property under this agreement, the information available about EMF. Accordingly, Licensor has
attached to this document a brochure that explains some basic facts about EMF and that describes
Licensor policy on EMF. Licensor also encourages Licensee to obtain other information as needed to
assist in understanding the EMF with respect to the planned use of this property.
36. 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:
10-
2013.0].30_V 10
Initial) /( //.1.
ensor /C ensee
SCE Doc. 108272 and 307751 All. Contract No. 9.2315
(Formerly Contract No. L1212)
To Licensor: Southern California Edison Company
Real Properties Department
Land Management - Metro Region
2131 Walnut Grove Avenue
Rosemead, CA 91770
To Licensee: City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Business Telephone No. (626) 288 -6671
Licensee will immediately notify Licensor of any address change.
37. Recording: Licensee will not record this Agreement.
38. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions
and any appendix, 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.
SOUTHERN CALIFORNIA EDISON COMPANY
By
LICENSOR
Date
JOHN DAVIS
Land Services Agent
Land Management - Metro Region
Real Properties Department
CITY OF ROSEMEPp
By
LICENSEE
Date
Print Name: -)�ff /q/ // / P cQ
-11-
2013.07.30_V10
Initial ),�T/ )
censor /LiL, censee
SCE Doc. 108272 and 307751 Art. Contract No. 9.2315
(Formerly Contract No. L1212)
APPENDIX
Guidelines for Standard Licensee Improvements
The following criteria are provided to aid in the development of a conceptual plot plan to be submitted
to Southern California Edison Company herein after referred to as "Licensor" for consideration and
approval prior to the start of anu construction on "Licensor" property.
Plans should be developed indicating the size and location of all planned improvements. The plan
should specify the dimensions of all planned improvements as well as the distance of all planned
improvements from property lines and all adjacent -Licensor" towers, poles, guy wires or other
"Licensor" facilities.
The plan must show the locations of all "Licensor" towers and poles, 16 -foot wide access roads, main
water lines and water shut -off valves, electrical service lines and parking areas. All plans must
indicate adjacent streets and include a "north arrow' and the Licensee's name.
SHADE STRUCTURES
(Definition: A non flammable frame covered on the top with a material designed to provide shade to aid
in growing plants)
1. Shade structures must maintain minimum spacing of 50 feet between shade structure locations,
should be placed perpendicular to Licensor's overhead electrical conductors (wires) unless
otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height
2. Shade structures will not be permitted within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16 -foot wide access roads
b. 50 foot radius wound suspension tower legs, H- Frames and poles
c. 100 foot radius around dead -end tower legs, H- Frames and poles
d. 25 foot radius around anchors/ guy wires, poles and wood poles
3. Shade structures must utilize the following design:
a. Temporary/ slip joint construction only
b. Non - flammable frame only
c. Adequately grounded by a licensed electrical engineer
d. Shade covering must be non - flammable and manufactured with non - hydrocarbon
materials. /��/ ///����jj ���
[nitl -1 yam.) /
censor /Li���ense� ° °e
1-
2013.09.30 VIO
SCE Doc. 108272 and 307751 Att. Contract No. 9.2315
(Formerly Contract No. L1212)
SHADEHOUSES /HOTHOUSES
(Definition: A simple, nonflammable, enclosed structure designed to control temperature without the
benefit of heating and /or air conditioning units to aid in propagating and /or growing plants)
1. Shadehouses /hothouses must maintain minimum spacing of 50 feet between
shadehouse /hothouse locations, should be placed in perpendicular to Licensor's overhead
electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not
exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height
2. Shadehouses /hothouses will not be permitted within the following areas reserved for Licensor's
access:
a. Within 2 feet from edge of 16 -foot wide access roads
b. 50 foot radius around suspension tower legs, H- Frames and poles
c. 100 foot radius around dead -end tower legs, H- Frames and poles
d. 25 foot radius around anchors /guy wires, poles and wood poles
3. Shadehouses /hothouses must utilize the following design:
a. Temporary/ slip joint construction only
b. Non - flammable frame only
c. Adequately grounded by a licensed electrical engineer
d. Covering must be non - flammable and manufactured with non - hydrocarbon materials
GREENHOUSES
( Definition: An enclosed structure designed to control temperature and /or humidity by the use of heating
and /or air conditioning units to aid in propagating and /or grooving plants)
Greenhouses will be considered on a case -by -case basis.
IRRIGATION SYSTEMS / WELLS
1. Maximum diameter of pipe: 3 inches
2. All pipe must be plastic Schedule 40 or better
3. No irrigation system will be permitted within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16 -foot wide access roads
b. 50 foot radius around suspension tower legs, H- Frames and poles
-2-
2013.07.30_Vtn
initial (`� /(
censor /L ens e
SCE Doc. 108272 and 307751 Att. Contract No. 9.2315
(Formerly Contract No. L1212)
c. 100 foot radius around dead -end tower legs, H- Frames and poles
4. Sprinkler controllers must be located at the edge of the right of way
5. Suitable identification markers will be required on main controllers and valves
6. Locations of main shut off valve will be provided and shown on a plot plan
7. Underground facilities must have a minimum cover of three feet
8. Earth disturbed must be compacted to ninety percent (90
LANDSCAPING
1. No trees will be permitted under the overhead electrical conductors or within 20 feet of the "drip
line" of the conductors
2. Trees must have slow to moderate growth, and must be of a variety that grows to a maximum
height of no more than 40 feet and must be maintained by the Licensee at a height not to exceed
15 feet
3. Placement of large rocks (boulders) must be approved in writing by Licensor
4. Any mounds or change of grade must be approved in writing by Licensor
5. No cactus or thorny shrubs will be permitted
6. Retaining walls, planters, etc., must be approved in writing by Licensor
TRAILERS (Definition Removable / portable office modules are net permitted unthout Licenser's prior
permission. Trailers must meet the follouing cntena to be considered: Trailers must meet the following
criteria:
a. Must have axles and wheel and be able to be moved at any time
b. Maximum length: 40 feet
c. Maximum height: 15 feet
d. Maximum width: 12 feet
2. No trailers will be permitted within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16 -foot wide access roads
b. 50 foot radius around suspension tower legs, H- Frames and poles
c. 100 foot radius around dead -end tower legs, H- Frames and poles
d. 25 foot radius around anchors/ guy wires, poles and wood poles
e. Under or within 10 feet of the conductor "drip lines"
-3-
2013.07.30 V10
Initial �r
J/ A.e.
SCE Doc. 108272 and 307751 Att. Contract No. 9.2315
(Formerly Contract No. L1212)
3. Sewer or gas lines to trailers must be approved in writing by Licensor
4. Location of all electrical and telephone lines must be approved in writing by Licensor
S. Electrical lines must be installed by a licensed electrical engineer.
6. Trailers shall not be used for residential purposes
7. Toxic or flammable materials will not be permitted in trailers
8. Adequately grounded by a licensed electrical engineer
PARKING AREAS
Parking areas should not be designed under the overhead electrical conductors or within 10 feet of the
"drip lines' without Licensor's prior written approval.
MATERIAL STORAGE
1. In the event of an emergency, Licensee must, within a four -hour period, relocate all materials
specified by Licensor in order to provide Licensor clear access to its facilities.
2. Licensee must provide Licensor with a list of material stored on the right of way
3. No toxic or flammable materials will be permitted
4. No materials shall be stored within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16 -foot wide access roads
b. 50 foot radius around suspension tower legs, H- Frames and poles
c. 100 foot radius around dead -end tower legs, H- Frames and poles
d. 25 feet from anchors / guy wires, poles and wood poles
5. Storage of materials not to exceed a maximum height of 15 feet
6. No storage of gasoline, diesel or any other type of fuel will be permitted
7. Any fencing around the storage areas must have Licensor's prior written approval.
-4-
2013.07.30_V 10
Initial f�) /(
censor / censee
SCE Dec. 108272 and 307751 Att. Contract No. 9.2315
(Formerly Contract No. L1212)
ADDENDUM
PARK USE
A. Licensee must obtain the prior written approval from Licensor for the installation of any
facilities, including any subsequent modifications. Licensee will maintain all facilities in a safe
condition satisfactory to Licensor.
B. At any time, Licensor may require the relocation of any portion of the facilities. 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:
"No Kite Flying, Model Airplanes or Metallic Balloons Permitted, High Voltage Wires Overhead."
D. At Licensee's expense, Licensee will post signs at all access points of the Property that read:
"No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted."
E. Licensee must close the park at any time Licensor deems it necessary for the safety of the
general public. If it is necessary to close the park 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, including but
not limited to, motorcycles, off -road vehicles, and "all- terrain" vehicles.
G. Trespass discouragers shall be installed on Licensor's towers. The discourager installation will
be performed by Licensor. Licensee shall pay Licensor in advance, for all Licensor's direct and
indirect costs associated with the engineering, purchase, and installation of the discouragers.
All towers shall be equipped with signs so worded as to wam the public of the danger of
climbing the towers. Such signs shall be placed and arranged so that they may be read from
the four corners of the structure. Such signs shall be neither less than 8 feet nor more than 20
feet above the ground except where the lowest horizontal member of the tower or structure is
more than 20 feet above the ground in which case the sign shall be not more than 30 feet
above the ground.
H. Licensee must design and construct all walkways, underground sprinkler systems, lighting
facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three -
axle- vehicle.
1-
2013.07.30_V10
censor /Licensee
SCE Doc. 108272 and 307751 Att. Contract No. 9.2315
(Formerly Contract No. L1212)
ADDENDUM
TREES / LANDSCAPING
Existing landscaping improvements (trees, plants, and shrubs) have been inspected and
approved by Licensor. This written approval may be modified and /or rescinded by Licensor
for any reason whatsoever.
At any time, Licensor may require Licensee to modify and /or remove any or all such
previously approved improvements at Licensee's risk and expense and without any
compensation from Licensor.
Licensee agrees and accepts full responsibility for the maintenance and /or removal of all
trees, plants, and shrubs (vegetation) located on the property. All costs associated with the
maintenance and /or removal of trees /vegetation will be the sole burden of Licensee.
Periodically, the property will be inspected by Licensor, and upon determination that any
tree /vegetation requires trimming or removal; Licensee will be noted by Licensor. Failure
by Licensee to trim or remove said tree /vegetation in the time allotted, that results in
Licensor's contractor performing the work, Licensee will be billed by Licensor for the
contractors expense; and Licensee may be subject to termination under the terms and
conditions of the permit or license.
Trees /vegetation must be slow growing and maintained by Licensee to not exceed fifteen (15)
feet in height. Failure by Licensee to maintain all permit or license clearance requirements
will require removal at Licensee's expense.
Unless authorized in writing by Licensor, Licensee agrees not to plant any additional trees,
plants, or shrubs within the property. If additional authorization is requested by Licensee
and prior written authorization is received by Licensor, no tree or plant species that is
protected by federal or state law shall be planted within Licensor's land and no cactus or
thorny shrubs /plants will be permitted.
Any improvements or alterations, including retaining walls, planters, placement of large
rocks, etc. and any mounds or changes of grade, require prior written approval by Licensor.
Licensee will keep the property clean, free from weeds, rubbish and debris, and in a condition
satisfactory to Licensor.
Upon permit or license termination, Licensee agrees to remove all trees /vegetation and
improvements and restore the property to a condition satisfactory to Licensor, at the sole
expense of Licensee.
-1-
2013,07 30_V 10
Initial � //i[�j
censor /License
5
ORPORM01q 0
yo -? e
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCI
FROM: JEFF STEWART, INTERIM CITY MANAGER
DATE: APRIL 14, 2009
SUBJECT: RENEWAL OF LICENSE AGREEMENT WI H SCE FOR KLINGERMAN
PARK
SUMMARY
Klingerman Park is located just east of Walnut Grove on Klingerman Street. The
property is owned by Southern California Edison (SCE), which leases the property to
the City for the use as a park.
Recently, staff negotiated a five year extension of the lease with SCE for use of the
property as a park. The proposed lease agreement will cost the City $100 a year, and
is for a five year term which expires the last day of December, 2013.
Staff Recommendation
Staff recommends that the City Council approve the License Agreement with Southern
California Edison Company (Attachment A) for the use of Klingerman Park and
authorize its execution by the Mayor.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
-SCOTT
rector
Attachment A: License Agreement
ITEM NO. 3�
APPROVED FOR CITY COUNCIL AGENDA:
Mr. David Montgomery March 12, 2009
Contract No. 9000000002315
Page 2
In addition, upon completion of the improvements at Klingerman Park, we ask that you
forward a drawing or as built that depicts the new improvements as well as the existing
improvements such as the aluminum park benches, concrete pads, Barbecue grills within
the licensed area. We do not have any approved plans, information, schematic or plot
plan that shows the existing improvements in our file.
If you have any questions concerning the License Agreement, please call me at
(714) 934 -0818.
Sincerely,
r�
Bett
Y Per z
Land Services Agent
Corporate Real Estate
Enclosure
cc: Lou Leblanc /City of Rosemead
Marissa Castro - Salvati /SCE
Eric Meuser /SCE
CALIFORNIA
n
May 14, 2009
Betty Perez
Southern California Edison
14799 Chestnut Street
Westminster, CA 92683
Re: City of Rosemead
Activity: License Agreement for Klingerman Park
Coverage Period: From 12:01 AM on 5/13/2009 to 11:59 PM on 6/30/2010
The City of Rosemead (Member) along with other California public agencies, is a member of the California Joint
Powers Insurance Authority (California JPIA), and participates in the following self- insurance and commercial
insurance programs that are administered by the California JPIA for its members:
General Liability Program, Including Automobile Liability
Coverage Limit: $2,000,000 per occurrence
Annual Aggregate Limit: $2,000,000
Workers' Compensation Program
Employers Liability $1,000,000
On behalf of the Member, the California JPIA agrees to include Southen California Edison as an additional Protected
Party under the general liability program but solely as to the activity and coverage period shown above. The
California JPIA will provide defense and payment for claims of Bodily Injury and Property Damage by individuals
and entities, in accord with the terms of its Memorandum of Coverage. This coverage applies only to negligence of
the Member arising out of the Members participation in the covered activity at the covered location. This coverage
does not include liability attributable to the sole negligence of the additional protected party. This letter does not in
any way alter the coverage provided by the Memorandum of Coverage nor by the California JPIA's insurance
policies in effect during the coverage period.
The California JPIA will endeavor to provide at least thirty (30) days notice of any change in the foregoing
information.
Sincerely,
Jim Thyden
Insurance Programs Manager
cc: Ericka Hernandez, City of Rosemead
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
9081 MOODY STREET. LA PALMA. CA 90623 TEL(562)467-8700 FAX (562) 860 -4992
MAYOR:
MARGARET CLARK
MAYOR PRO TEM:
GARY TAYLOR
COUNCIL MEMBERS:
SANDRA ARMENTA
POLLY LOW
STEVEN LY
May 19, 2009
Betty Perez
14799 Chestnut Street
Westminster, CA 92683
Dear Betty,
Posemead
8838 E. VALLEY BOULEVARD • P.O. BOX 399
ROSEMEAD, CALIFORNIA 91770
TELEPHONE (626) 569 -2100
FAX (626) 307 -9218
Enclosed, is the License Agreement for Klingerman Park and proof of insurance which,
includes Southern California Edison as additional insured on the certificate. Also, a copy
of the cashed check in the amount of $100.00 is included for your records.
If you have any questions, please do not hesitate to call me at (626)569 -2177.
Sincerely,
e
Ericka Hernandez
Assistant to the City Clerk
Enclosure: Agreement
Insurance
Copy of check
0 0
CITY OF ROSEMEAD
Contract No. 9000000002315
Formerly Contract No. 1212
L I C E N S E A G R E E M E N T
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. ATTORNEY FEES
34. ELECTRIC AND MAGNETIC FIELDS
35. NOTICES
36. RECORDING
37. COMPLETE AGREEMENT
_ADDENDUM
PARK USE
Licensee
0 0
i
Contract No. 9000000002315
LICENSE AGREEMENT
THIS AGREEMENT, made as of the lq day of -AD r; / I , 20 &1 ,
between SOUTHERN CALIFORNIA EDISON COMPANY (SCE), a corporation organized under the laws
of the State of California, hereinafter called "Licensor ", and CITY OF ROSEMEAD 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 land 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 Rosemead, County of Los Angeles, State of California
further described as follows:
That portion of Lot "A" of Tract No. 3260, as per map recorded in Book 34, page 21 of
Maps, in the office of the County Recorder of said Los Angeles County, bounded and described as
follows: on the Southeast by the Northwesterly line of that certain parcel of land conveyed to the City
of Monterey Park by deed recorded December 27, 1968, in Book D4235, page 610, of Official Records,
in the office of the County Recorder of said Los Angeles County, on the North by the Southerly line of
Klingerman Street, 60 feet wide as described in that certain easement to the County of Los Angeles
filed as Document 322 -D in the office of the Registrar of Land Title of said County, now records of the
Recorder's Office of said Los Angeles County, and on the West by the Easterly line of Southern
California Edison Company's General Office Parking Lot, Section "A ", said Land as shown on map
attached marked EXHIBIT "A" and by this reference hereof.
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 for sanitary sewer purposes granted to the City of Rosemead by
instrument recorded on May 26, 1971, in Book D5069, page 469 of Official Records in the office of the
County Recorder of said Los Angeles County.
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 January, 2009 and ending on the last day of
December, 2013. 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.
-1-
3. Consideration: Licensee will pay to Licensor the sum of One Hundred Dollars and
00/ 100 Dollars ($100.00) upon the execution and delivery of this Agreement for the first year;
Term
Year Due
Yearly
Amount
Payment Due
First Day Of
First Year
2009
$100.00
January
Second Year
2010
$100.00
January
Third Year
2011
$100.00
January
Fourth Year
2012
$100.00
January
Fifth Year
2013
$100.00
January
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 equal to ten
percent (10 %) of the amount due.
insurance:
4. Insurance: During the term of this Agreement, Licensee shall maintain the following
(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 willful or
grossly negligent acts of the Licensor.
(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 (iii) 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 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.
6. Licensee's Improvements: Licensee must submit, for Licensor's prior 'tten 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
-2-
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 Property: All approved equipment and other pi operty 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 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 twenty seven (27) 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, at Licensee's expense, 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 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.
I
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. 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 damage 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
-3-
•> 0
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. 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 and Above - Ground 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
excavated 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 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 "late
fee' on all amounts outstanding up to the maximum rate allowed by law.
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.
Licensee understands and acknowledges that it has maintained a non - possessory interest and
occupancy of the Property for the entire term as specified in its prior License Agreement with Licensor,
dated as of January 1, 2008, and has continued to maintain such occupancy from the termination
date of such License Agreement up to and through the date upon which this Agreement is executed,
all in accordance with the terms, covenants, and conditions specified in the prior Agreement. By
executing this Agreement, Licensee hereby agrees that the terms and obligations of Licensee under
Article 26 of the prior License Agreement shall be effective and binding upon Licensee throughout the
period the Licensee remained in occupancy on the Property up to the date upon which this Agreement
is executed.
27. Termination: This Agreement may be canceled and terminated by either Licensor or
Licensee, at any time, for any reason, 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.
-5-
0 0
(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.
(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. Authori ty: 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. Electric and Magnetic Fields ("EMF"): 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
agreement, 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 Licensee to obtain other information as needed to assist in understanding the EMF
with respect to the 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
Land Asset Management -Real Estate Revenue
14799 Chestnut Street
Westminster, CA 92683
To Licensee: City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Business Telephone No. (626) 288 -6671
Licensee will immediately notify Licensor of any address change.
36. Recordine: Licensee will not record this Agreement.
-7-
• •
37. Complete Agreement: Licensor and Licensee acknowledge 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.
X.
SOUTHERN CALIFORNIA EDISON COMPANY
By
LICENSOR
BETTY PER
Land Services Agent
Land Asset Management -Real Estate Revenue
Corporate Real Estate Department
CITY OF ROSEMEAD
Bye
LICENSEE
Print Name: K�Y 9C'C-e i- Cr c
i3
ADDENDUM
PARK USE
A. Licensee must obtain the prior written approval from Licensor for the installation of any
facilities, including any subsequent modifications. Licensee will maintain all facilities in a safe
condition satisfactory to Licensor.
B. At any time, Licensor may require the relocation of any portion of the facilities. 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:
"No Kite Flying, Model Airplanes or Metallic Balloons Permitted, High Voltage Wires Overhead."
D. At Licensee's expense, Licensee will post signs at all access points of the Property that read:
"No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted."
E. Licensee must close the park at any time Licensor deems it necessary for the safety of the
general public. If it is necessary to close the park 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, including but
not limited to, motorcycles, off -road vehicles, and "all- terrain" vehicles.
G. Trespass discouragers shall be installed on Licensor's towers. The discourager installation will
be performed by SCE. Licensee shall pay SCE in advance, for all SCE direct and indirect costs
associated with the engineering, purchase, and installation of the discouragers. All towers
shall be equipped with signs so worded as to warn the public of the danger of climbing the
towers. Such signs shall be placed and arranged so that they may be read from the four
corners of the structure. Such signs shall be neither less than 8 feet nor more than 20 feet
above the ground except where the lowest horizontal member of the tower or structure is more
than 20 feet above the ground in which case the sign shall be not more than 30 feet above the
ground.
H. Licensee must design and construct all walkways, underground sprinkler systems, lighting
facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three -
axle vehicle.
rn,� cep
Lid's Initials
-1-
V
ao W 3a.
h
J Q
KL/NCER4114N ST.
/3 �
30 FT. ;2p. ESMT•
GRAN TEO 10
c0. oF' L.A• PEQ
ooc. 322 -a
REG /STE.PED
LA NOS
i OF sEWE/? ESMT.
To c /ry o.�
Ro SEMFALI P,EQ
O.P .0-5-1069 - 4Gi9
TR pG T
ELY L /A/E S C. E Co
GENERAL OFF/CB
PAR,C /NCa LoT �
S'ECTio/V A h
h0.
roxn nw .e �H v.ae
s
Ali
101,4
3260
3 260
i \� t
�
a,
�a.2 ti a v
b `,a LEGENO
h
> • ytih ��
� of Qom e m eao/
.r
Z9 J. O. M. S. S31 BB
0 yZ GENERAL - UFF /CE PRoPERry
MAP 4AN,05 BE /NC> L/C6N
iv c /ry of QO5-EMEA0 ey SCE
FOR .oA.?.0 P//R.�OSES
COU/> O LOS Q e�ES
SER. 44&74,4 SOUTHERN CALIFORNIA EDISON CO,
SOUTHERN CALIFORNIA
EDISON�
An EDISON INTERNATIONALS Company
City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 91770
Attention: Ms. Ericka Hernandez
Subject: License Agreement- Klingerman Park
South of Klingerman Street
City of Rosemead
COPY
April 21, 2009
Enclosed is the License Agreement for Klingerman Park, please have Ms. Margaret Clark
initial Page 1 of the Addendum and also provide proof of insurance in the amounts and
limits specified in Page 2, Article 4. Insurance of the License Agreement and include
Southern California Edison (SCE) as additional insured in the certificate.
If the City of Rosemead is self insured, please provide proof in the form of a certificate or
letter. This Agreement is not valid until we have received the signed and initialed
License Agreement, proof of insurance and your check in the amount of $100.00, to my
attention at 14799 Chestnut Street, Westminster, CA 92683.
Should you have any questions, please do not hesitate to call me at (714) 934 -0818.
Sincerely,
Betty Pe ez
Land Services Agent
Corporate Real Estate
Enclosure
14799 Chestnut Street
Westminster, CA 92683
• . Page 1 of 1
Ericka Hernandez
From:
evidence @cjpia.org
Sent:
Wednesday, May 13, 2009 5:07 PM
To:
Ericka Hernandez
Subject: Evidence of Coverage Request - 20090513170724009484
Deaf Ericka:
Rosemead
Thank you for your request for evidence of coverage regarding the activity shown below. We will
endeavor to provide this to you within two business days of receiving necessary documentation,
including the front and back of any contracts, agreements, permits, or statements. Supporting
documentation can be sent either by email to evidence @cjpia.org, or by fax to (562) 924 -0101.
If the Authority is asked to name an additional protected covered party, you must provide an executed
copy of the agreement or contract for the activity. If you are not able to provide this, the Authority will
only issue a basic coverage letter.
If the activity has begun more than 30 days prior to your request for evidence, you will be required to
submit a statement of no known losses. In some cases where the request occurs after the activity has
begun, but within 30 days, it may be determined that such a statement is required nonetheless. If this
determination is made, you will be notified by our office.
Date of Request: 5/13/2009
Date Needed: 5/13/2009
Activity: License Agreement for Klingerman Park
Sincerely,
Jim Thyden
Insurance Programs Manager
562- 467 -8784
jthyden @cjpia.org
5/13/2009
California JPIA 0 0 Page I of 1
Nomo'
1 A ,
tfae eyp e rt.solittion
;;it mono in nsk
8.g
`Evidence of Coverage
ce of Coverage Confirmation:
Hernandez, your request has been received. Your confirmation number is 20090513170724009484.
t IMPORTANT: Within 10 days of completing this request form, fax a copy of the contract or use agreement that confirms the
rq' coverage limits you have requested to Edith Avina at (562) 402 -8692. This back -up information wilt be placed in the
Authority's files along with a copy of the letter. Each request is carefully reviewed before a letter is created.
r I
If there are questions, you will be contacted. If your request does not follow the criteria below or if you have special needs,
rr < v .'�" please contact Edith Awns at (562) 467 -8776 or eavina0cipia.0ca -
Member Information:
Rosemead
8838 East Valley Boulevard
Rosemead, CA 91770 -1767
(626) 569 -2177
(626) 307 -9218
Agency Information:
Betty Perez
Southern California Edison
14799 Chestnut Street
Westminster, CA 92683
Activity Information:
License Agreement for Klingerman Park
General public use of Klingerman Park throughout the year.
Coverage Start Date: Wednesday, May 13, 2009 - 12:01 AM
Coverage End Date: Tuesday, December 31, 2013 - 11:59 PM
Please print and save this information for future reference.
If your request does not follow the criteria below or if you have special needs, please contact Edith Vasquez at (562) 467-
8776 or at eavina0cioia.ora.
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
8081 Moody Street, La Palma, CA 90623
Phone: (800) 229 -2343
Email: nfoCZZcioia.om
Copyright J 2001 -2008 I Terms 8, Conditions I Privacy Policy I Fraud Policy
http://w,A,w.cjpia.org/4dcgi/services/coverage confirm. shtml?sessionlD=2009051 17015 5... 5/13/2009
F �k. �1 �✓t. tr
CALIFORNIA
A
May 14, 2009
Betty Perez
Southern California Edison
14799 Chestnut Street
Westminster, CA 92683
Re:
Activity:
Coverage Period:
City of Rosemead
License Agreement for Klingerman Park
From 12:01 AM on 5/13/2009 to 11:59 PM on 6/30/2010
The City of Rosemead (Member) along with other California public agencies, is a member of the California Joint
Powers Insurance Authority (California JPIA), and participates in the following self - insurance and commercial
insurance programs that are administered by the California JPIA for its members:
General Liability Program, Including Automobile Liability
Coverage Limit: $2,000,000 per occurrence
Annual Aggregate Limit: $2,000,000
Workers' Compensation Program
Employers Liability $1,000,000
On behalf of the Member, the California JPIA agrees to include Souther. California Edison as an additional Protected
Parry under the general liability program but solely as to the activity and coverage period shown above. The
California JPIA will provide defense and payment for claims of Bodily Injury and Property Damage by individuals
and entities, in accord with the terms of its Memorandum of Coverage. This coverage applies only to negligence of
the Member arising out of the Member's participation in the covered activity at the covered location. This coverage
does not include liability attributable to the sole negligence of the additional protected party. This letter does not in
any way alter the coverage provided by the Memorandum of Coverage nor by the California JPIA's insurance
policies in effect during the coverage period.
Tire California JPIA will endeavor to provide at least thirty (30) days notice of any change in the foregoing
information.
Sincerely,,
Jim Thyden -
Insurance Programs Manager
cc: Ericka Hernandez, City of Rosemead
CALIFORNIA JOINT POWERS INSURANCE A U T H O R I T Y
8081 MOODY STREE•L LA PALMA, CA 90623 TEL(562)467-3700 FAX (562) 860 -4992
o •
RP File No.
Property No. OLGEN6361-131
Account No. 1212
LICENSE AGREEMENT
THIS AGREEMENT, made as of the /3r% day of f�eG.�, 20 0(0,
between SOUTHERN CALIFORNIA EDISON COMPANY (SCE), a corporation organized under the laws
of the State of California, hereinafter called "Licensor ", and CITY OF ROSEMEAD 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 Rosemead, County of Los Angeles, State of
California, further described as follows:
That portion of Lot "A' of Tract No. 3260, as per map recorded in Book 34, page 21 of Maps,
in the office of the County Recorder of sad Los Angeles County, bounded and described as follows: on
the Southeast by the Northwesterly line of that certain parcel of land conveyed to the City of Monterey
Park by deed recorded o December 27, 1968, in Book D4235, page 610, of Official Records, in the
office of the County Recorder of said Los Angeles County, on the North by the Southerly line of
Klingerman Street, 60 feet wide as described in that certain easement to the County of Los Angeles
filed as Document 322 -D in the office of the Registrar of Land Title of said County, now records of the
Recorder's Office of said Los Angeles County, and on the West by the Easterly line of Southern
California Edison Company /s General Office Parking Lot. Section "A ", said land is shown on map
attached marked EXHIBIT "A" and by this reference made a part hereof.
SUBJECT TO:
Covenants, conditions, restrictions, reservations, exceptions, rights and easements,
whether or not of record
a. An easement for sanitary sewer purposes granted to the City of Rosemead by instrument
recorded on May 26, 1971, in Book D5069, page 469 of Official Records in the office of the County
Recorder of said Los Angeles County.
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 one (1) year commencing on the first day of January, 2007 and ending on the last day of
December, 2007. 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 One Hundred and 00/100
Dollars ($100.00) upon the execution and delivery of this Agreement for the full term of this
Agreement.
-1-
0 •
All accounts not paid 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
(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 willful or gross
negligent acts of the Licensor.
(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 (iii) 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 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.
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 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 froin 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 Property: 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
IPA
i 0
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 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 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 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. 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. 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 damage 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 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.
-3-
0 9
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 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 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 "late
fee' on all amounts outstanding up to the maximum rate allowed by law.
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.
0
0 0
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 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:
(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.
(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
scizure of substantially all of Licensee's assets located on the Property vi 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
162
0 9
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. Electric and Magnetic Fields ( "EMF" 1: 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
agreement, 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 follows:
To Licensor: Southern California Edison Company
Corporate Real Estate Department
Real Estate Operations Division
14799 Chestnut Street
Westminster. CA 92683
M
To Licensee: City of Rosemead
838 East Valley Boulevard
Rosemead, CA 91770
Business Telephone No. (626) 288 -6671
Licensee will immediately notify Licensor of any address change.
36. Recording: Licensee will not record this Agreement.
9
37. Complete Agreement: Licensor and Licensee acknowledge 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.
ig
-7-
SOUTHERN CALIFORNIA EDISON COMPANY
5
yfCENSOR
CHRISTINA M. NUANEZ
Right of Way Agent
Real Estate Operations
Corporate Real Estate Department
CITY OF ROSEMEAD� /
LICENSEE
Print Name:
o •
ADDENDUM
PARK USE
A. Licensee must obtain the prior written approval from Licensor for the installation of any
facilities, including any subsequent modifications. Licensee will maintain all facilities in a safe
condition satisfactory to Licensor.
B. At any time, Licensor may require the relocation of any portion of the facilities. 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:
"No Kite Flying, Model Airplanes or Metallic Balloons Permitted, High Voltage Wires Overhead."
D. At Licensee's expense, Licensee will post signs at all access points of the Property that read:
"No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted."
E. Licensee must close the park at any time Licensor deems it necessary for the safety of the
general public. If it is necessary to close the park 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, including but
not limited to, motorcycles, off -road vehicles, and "all- terrain" vehicles.
G. Trespass discouragers shall be installed on Licensor's towers. The discourager installation will
be performed by SCE. Licensee shall pay SCE in advance, for all SCE direct and indirect costs
associated with the engineering, purchase, and installation of the discouragers. All towers
shall be equipped with signs so worded as to warn the public of the danger of climbing the
towers. Such signs shall be placed and arranged so that they may be read from the four
corners of the structure. Such signs shall be neither less than 8 feet nor more than 20 feet
above the ground except where the lowest horizontal member of the tower or structure is more
than 20 feet above the ground in which case the sign shall be not more than 30 feet above the
ground.
H. Licensee must design and construct all walkways, underground sprinkler systems, lighting
facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three -
axle vehicle.
_�.
Licensee's Initials
-1-
KZ11V0,FQ 4-M Al %57
j--
.� I
�'O Fr. RO. ESMT
GR4.t C L �U /
,o.A
O n
C. S LZZ-O /
of SE'wE17 ESMT.
ro c.ry OF
Ro SE.tn�A� PEQ
D.P .0 5 - 669
k6
ELY LINE S C.
GENERAL OFF /GE
fAR.cfNG DoT
SECTjON A (�
NO
S
P
C)
�CP 60
6Q
�P
a LEGEND
y
54y 3�
�� ,C.cense 7o hSc G'fy
V of Rom c m c ��
v
h�
J Q
qM 1
cor. 1a1,4
1 c r 326p
60
32
EXHIBIT "A"
F.I.D.
Draw.
Seq. #
R /W File # 0
EXHIBIT "A"
J. O. M. /. S9 - &S
052 / 6E.vER44 UFF /cE ORoPERry
M"ff' .TNOW/NG LANDS BE /N4 G /CEN$EO
to G /,-y of .c'OSf.NEa� OS� J"CECo.
FOR PA.oK P�/ROOSCS
CoUn fi o LoS .4n,�ry /FS
5r R. eOUTHCRN CALIFORNIA COISON CO.
CITY OF ROSEMEAD
Property No. OLGEN6361131
Account No. 1212
L I C E N S E AG R E E M E N T
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. ATTORNEY FEES
34. ELECTRIC AND MAGNETIC FIELDS
35. NOTICES
36. RECORDING
37. COMPLETE AGREEMENT
ADDENDUM
PARK USE
Licensee Copy
0 0
c
.* . •
LICENSE AGREEMENT
L
RP File No. P81S045 -1 -22
THIS AGREEMENT, made as of the /O> 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 ROSEMEAD 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 Rosemead, County of Los Angeles, State of
California, further described as follows:
That portion of Lot "A" of Tract No. 3260, as per map recorded in Book 34, page 21 of Maps,
in the office of the County Recorder of sad Los Angeles County, bounded and described as follows: on
the Southeast by the Northwesterly line of that certain parcel of land conveyed to the City of Monterey
Park by deed recorded o December 27, 1968, in Book D4235, page 610, of Official Records, in the office
of the County Recorder of said Los Angeles County, on the North by the Southerly line of Klingerman
Street, 60 feet wide as described in that certain easement to the County of Los Angeles filed as
Document 322 -D in the office of the Registrar of Land Title of said County, now records of the
Recorder's Office of said Los Angeles County, and on the West by the Easterly line of Southern
California Edison Company /s General Office Parking Lot. Section "A", said land is shown on map
attached marked EXHIBIT "A" and by this reference made a part hereof.
SUBJECT TO:
Covenants, conditions, restrictions, reservations, exceptions, rights and easements,
whether or not of record.
a. An easement for sanitary sewer purposes granted to the City of Rosemead by
instrument recorded on May 26, 1971, in Book D5069, page 469 of Official Records in the office of the
County Recorder of said Los Angeles County.
1. Use: Licensee will use the Property for park 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 ten (10) years commencing on the first day of January, 1997 and ending on the last
day of December 2006. 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 and 00 /100
Dollars ($500.00) upon the execution and delivery of this Agreement, for the full term of this
Agreement.
&A
0 0
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.
4. Liability 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 One Million and 00 /100 Dollars ($1,000,000.00) and will include Licensor as an
additional insured. Licensee will provide Licensor with evidence of such insurance upon request or
provide a certificate of self - insurance.
5. Licensor's Use 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.
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 Property: 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.
-3-
0 0
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. 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 damage 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 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. 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.
sa
0 0
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 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 "late
fee" on all amounts outstanding up to the maximum rate allowed by law.
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 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:
(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.
-5-
0 0
(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.
(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.
M
0 0
34. Electric nand Mac netic Fields: In recent years there have been numerous scientific
studies about the effects of power frequency (60 Hz) EMF. There are several sources of EMF,
including household appliances and electric power facilities. Scientists do not agree on how to
interpret the currently available information. There is agreement, however, that this is an important
issue that should be resolved. Edison would like to share with the Licensee the balanced information
or literature Edison has about EMF, if said prospective Licensee is interested. Should Licensee wish,
brochures will be make available, upon request, that explain some facts about EMF and that outline
Edison's policy in this area. Licensee agrees to advise Edison if they have any questions or require
additional information.
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
Real Properties and Administrative Services
Real Estate Revenue Division, Rm. 1004
100 Long Beach Blvd.
Long Beach, CA 90802
To Licensee: City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Business Telephone No. (213) 288 -6671
Licensee will immediately notify Licensor of any address change.
36. R ce orddinE: Licensee will not record this Agreement.
37. Complete Agreement: Licensor and Licensee acknowledge that the foregoing
provisions and any addendum's 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.
js
-7-
SOUTHERN CALIFORNIA EDISON COMPANY
By
ENSOR
ALICE LIKELY
Licensing Specialist
Real Estate Revenue Division
Real Properties
and Administrative Services
CITY OF ROSEMEAD
Bye L�
LICENSEE
0 0
ADDENDUM
PARK USE
A. Licensee must obtain the prior written approval from Licensor for the installation of any
facilities, including any subsequent modifications. Licensee will maintain all facilities in a safe
condition satisfactory to Licensor.
B. At any time, Licensor may require the relocation of any portion of the facilities. 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: "No
Kite Flying, Model Airplanes or Balloons Permitted, High Voltage Wires Overhead ".
D. At Licensee's expense, Licensee will post signs at all access points to the Property that read: "No
Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted ".
E. Licensee must close the park at any time Licensor deems it necessary for the safety of the general
public. If it is necessary to close the park 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, including but
not limited to, motorcycles, off -road vehicles, and "all- terrain" vehicles.
G. At Licensee's expense, Licensee will provide fencing or trespass discouragers on Licensor's
towers.
H. Licensee must design and construct all walkways, underground sprinkler service systems,
lighting facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a
three -axle vehicle.
Licensee's Initials
]f 11
i
y .
0
� KL /N6ER.NA -,V ST.
/z�
Fr. RO0 ESMT
GRA.v TCG 2U
L'p, OF L.A.
OOC. 922-0 /
460 /STEREO
A� SEIVE/J ESMT.
7a c/ry of
RO SE.rnEAO PE.Q
O.2 05069 -.CI59
..rRACT
ELY LINE S. C. E. GO
GENERAL OFF /CB
PAfi.0 /N4 LoT
SEGT /ON A 4)
ho
V,
tv
J Q
A
LED
3260
P
vo
N
Jb,2
EXHIBIT "A"
P.I.D. #
Draw. #.7 /O 7G %-/
seq. #
R /W File # O
D
J
ti ao c�
�e
ryo'
6Q ?P
�a LEGEND
y
Lands of 5. C E. Co .
Lot A
326o
L1nd �csc.76eo' /f7G
.4.cense /o /54s c "l y,
V of .Qa+cmc�/
EXHIBIT "A"
J. O. M. S. S9 • BB
GENERd L UFF /CE PRo oER ry
MAP SNOWING 4AN05 BEIN4 4IC4'v5E0
7O C17y o'P .f'OSE.NEAO OY J'CECo.
FCJQ PARC PL�RPOSCS
Co"n O LOS �/FS
eER. - :<- �Bl•1�� 60 UTNERN CALIFORNIA EDISON CO.
0 0
PARK LICENSE
RP File No.: 01 -81 -045
THIS AGREEMENT, made as of the 26th day of November
1985 between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation
organized under the laws of the State of California, hereinafter
called "Licensor ", and the CITY OF ROSEMEAD. a municipal corporation,
hereinafter called "Licensee ";
WITNESSETH: That Licensor, for and in consideration of the faithful
performance by Licensee of the terms, covenants and agreements here-
inafter set, forth to be kept and performed by Licensee, does hereby
give to Licensee the license to use that certain real property here-
inafter described, solely for the purpose hereinafter specified, upon
and subject to the terms, reservations, covenants and conditions
hereinafter set forth.
The real property hereinabove referred to is located in the
City of Rosemead, County of Los Angeles,. State of California,
hereinafter referred to as "licensed property" and described as
follows:
�
SUBJECT TO:
That portion
recorded in Book
County Recorder
of Lot "A" of Tract. No. 3260, as per map
34, page 21 of Maps, in the office of the
of said Los Angeles County, bounded and
N
N
N
described as follows: on the Southeast by the Northwesterly
a
Covenants,
line of that certain
parcel of land conveyed to the City of
N
tions, rights and
Monterey Park by
deed recorded on December 27, 1968, in Book
but not limited
D4235, page 610,
of Official Records, in the office of the
An easement
County Recorder of said Los Angeles County, on the North by the
purposes granted to the City
Southerly line of
Klingerman Street, 60 feet wide as described
on May 26, 1971, in Book
in that certain easement
to the County of Los Angeles filed as
o ?c
Document 322 -D in
the office of the Registrar of Land Title of
said County, now
records of the Recorder's Office of said Los
Angeles County, and on the West by the Easterly line of Southern
�
m
i
California Edison
Company's General Office Parking Lot. Section
"A ", said land is
shown on map attached marked EXHIBIT "A" and
\,
T
by this reference
made a part hereof.
�
SUBJECT TO:
u
ka Q
h w
Covenants,
conditions, restrictions,
reservations, excep-
�
tions, rights and
easements, whether
or not of record, including,
but not limited
to, the following:
An easement
for sanitary sewer
purposes granted to the City
of Rosemead by
instrument recorded
on May 26, 1971, in Book
D5069, page 469
of Official Records
in the office of the County
Recorder of said
Los Angeles County.
VAULT COPY
The foregoing license is also made subject to the following
terms and conditions, all of which Licensee hereby agrees to comply
with and perform:
1. Licensee agrees to use the licensed property for park
purposes only. Licensor makes no representation, covenant, warranty
or promise that said licensed property is fit for any particular
use, including the use for which this license is granted.
2. Unless otherwise terminated, as .provided herein, the
term of this license shall be for a term of ten (10) years
commencing on January 1, 1986, and ending on December 31, 1996.
3. There is no monetary consideration for this license.
4.. Licensor reserves for itself, its successors and
assigns, the right to construct, maintain, operate, repair, replace
and /or inspect, in, on, over, under and across said licensed
property, electric power lines, telephone lines and /or pipe lines or
conduits, together with appurtenant structures, and the right to
construct, maintain and use roads across said licensed property, and
the right to use said licensed property, or any portion thereof, for
any purpose that said Licensor may desire in connection with its
business, together` with the right to enter upon said licensed
property, or any portion thereof, at all times, for any or all of
the above.. mentioned purposes, all of which rights may be exercised
without the payment of any compensation or damages whatsoever for
destruction of or damage to personal property located on the licensed
property resulting from the exercise of said rights, or any portion
thereof.
5. In connection with the use of said licensed property,
it is specifically agreed that Licensee shall meet the following
conditions at its sole expense:
(a) Licensee shall provide Licensor with adequate
access to all of Licensor's structures and at no time is there to be
any interference with the free movement of Licensor's equipment and
materials. - --
(b) Any feeder lines and /or sprinklers installed on the
licensed property shall be capable of withstanding a gross load of
forty (40) tons on a three -axle vehicle.
(c) Licensee shall install suitable identification
markers indicating the location and depth of any underground service
facilities.
(d) Any underground facilities within the licensed
property shall have a minimum cover of three feet in order to avoid
-2-
interference with future underground facilities of Licensor. It is
expressly understood that in the event such facilities of Licensee
interfere with the construction of additional facilities by Licensor,
Licensee will reimburse Licensor for the difference in cost to con-
struct and maintain Licensor's proposed facilities so as not to
interfere with Licensee's facilities, or at the option of Licensor,
Licensee will relocate its facilities at its own expense so as not
to interfere with Licensors proposed facilities.
(e) Any earth disturbed by Licensee and /or backfilling
within the licensed property shall be compacted to ninety percent
(90 %) in order to avoid future erosion, and in no case shall soil be
disturbed within fifteen (15) feet of Licensor's existing tower
footings.
(f) No facilities shall be permitted on the licensed
property without the express written consent of Licensor. All facil-
ities constructed by Licensee shall be constructed in a manner so as
to clear all conductors by a minimum distance of seventeen (17) feet.
(g) All trees or plants within the licensed property
shall be maintained by Licensee and shall not exceed a height of
fifteen (15) feet.
(h) Licensee shall install sixteen (16) feet wide
double drive .gates at such locations as shall, be designated by
Licensor.
(i) Licensee shall insure that no flying of kites or
model airplanes "or other activity which could cause contact with
overhead conductors will be conducted on the licensed property.
(j) Licensee shall replace any existing wire fencing
with six -foot high chain link fence.
(k) Any fencing used to separate baseball fields shall
not exceed a height of eight (8) feet.
(1) Licensee shall provide and maintain chain link
fencing of a height of six (6) feet around towers, twenty -five (25)
feet from all tower legs, unless trespass- discouragers are installed
on said towers by Licensor at Licensee's request, cost and expense.
In either event, the twenty -five (25) feet clearance from all tower
legs must be maintained.
(m) Licensee shall insure that all fencing and other
metallic structures are adequately grounded.
sixteen (16)
(40) tons on
designate.
(n) Licensee shall provide for and install patrol roads
feet wide and driveways capable of supporting forty
a three -axle vehicle at such locations as Licensor may
-3-
(o) All final plans, including but not limited to
grading plans, shall be submitted to Southern California Edison
Company, P.O. Box 2217, Fullerton, CA 92633 Attention: Real
Properties Department, Property Management Section, for approval
sixty (60) days prior to commencement of any construction.
6. This license is personal to Licensee, and Licensee shall
not assign or transfer this license, or any right hereunder, in whole
or in part, without first securing the written consent of Licensor
thereto. No written consent by Licensor hereunder shall be deemed a
waiver by Licensor of any of the provisions hereof, except to the
extent of such consent.
7. No permanent or possessory interest shall accrue to
Licensee in the licensed property by reason of this license or by
exercise of the permission given.
8. This license is given pursuant to the authority of and
upon and 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.
9. Licensee agrees that it shall, at its sole cost, keep
and maintain said licensed property, and shall provide appropriate
controls for dust and noise. Licensor shall not be called upon or
required, at any time, to make any improvements, alterations, changes
or additions of any nature whatsoever to the licensed property.
Licensee may, at its sole expense, improve the licensed property in
any manner as may be reasonably necessary to accommodate its use of
the licensed property, but shall not make any improvements without
the prior written consent of Licensor.
10. Licensee agrees that in the exercise of the permission
given herein, its contractors, employees and other agents will main-
tain a clearance between any and all equipment, except grass cutting
equipment, operating or placed within the boundaries of the licensed
property of not less than twenty -five (25) feet from any and all
structures thereon and of not less than seventeen (17) feet from any
and all overhead electric conductors.
-11. Licensee agrees not to park or to allow the parking of
any motor vehicles, trucks and /or equipment on any portion of said
licensed property.
12. Licensee agrees that it will not place or store any
flammable materials within the boundaries of the licensed property
and will not permit others within its control to do so; that it will
not commit any waste or damage, nor suffer any to be done; . that it
will keep the licensed property clean, free from rubbish and debris,
and in a condition satisfactory to Licensor.
-4-
13. Licensee agrees to take appropriate steps necessary to
prevent dust contamination of Licensor's facilities located. on, near
or adjacent to the licensed property and the property of adjacent
owners.
14. Licensee agrees to remove all encroachments upon the
licensed property at Licensee's sole expense, at any time, upon
thirty (30) days' written notice.
15. The parties hereto agree that this license may be
canceled and terminated by either Licensor or Licensee, at any time,
upon thirty (30) days' notice in writing to that effect given by
either party hereto to the other. In such event or when the license
expires, Licensee agrees, if so requested in writing by Licensor, to
remove at that time its personal property from the licensed property
and to restore the ground to as near its original condition and
appearance as possible within said period of thirty (30) days, at
its sole expense and risk. No such termination or cancellation or
expiration hereof shall release Licensee from any liability or
obligation (whether of indemnity or otherwise) which may have
attached or accrued previous to or which may be accruing at the time
.of and /or by reason of such termination, cancellation or expiration.
•.16. Upon the termination of this license by the expiration
of the term thereof or otherwise, Licensee agrees to peaceably quit
and surrender the licensed property to Licensor in good order and
condition. Any and all property of whatsoever kind or character
remaining upon the licensed property upon the expiration or sooner
termination of this license shall thereupon be and become the
personal property of Licensor, but this shall not prevent Licensor
.from requiring Licensee to remove, at Licensee's expense, any and
all personal property placed upon licensed property by Licensee,
which Licensor may desire removed from said licensed property.
17. In the event the use of said licensed property shall
be abandoned by Licensee or said licensed property shall not be used
by Licensee for the period of one (1) year, then the license hereby
granted shall terminate upon written notice to that effect given by
Licensor to Licensee, and upon such termination Licensee agrees to
remove its personal property from the licensed property at its own
expense and risk, if so requested in writing by Licensor, within
ninety (90) days from and after the giving of such notice as afore-
said, and to restore the ground to as near its original condition
and appearance as possible.
18. Licensee hereby agrees for itself, its successors and
assigns, to save harmless and indemnify Licensor, its officers,
agents and employees, and its successors and assigns, from and
against all claims, loss, damage, actions, causes of action, expense
and /or liability arising from or growing out of loss or damage to
property, including Licensoe's own property, or injury to or death
-5-
of persons, including employees of Licensor resulting in any manner
_whatsoever, directly or indirectly, from the exercise of the rights
granted hereunder, including, but not limited to, the use of the
property by the general public. Licensee further agrees to secure
and keep in force throughout the life of this license, Comprehensive
Bodily Injury and Property Damage Liability Insurance, including
Contractual Liability with limits as follows: not less than One
Million Dollars ($1,000,000.00) for injury to or death of one person
in any one occurrence; and not less than One Million Dollars
($1,000,000.,00) for damage to Licensed Property in any one
occurrence. Such insurance is to be placed with companies and be in
a form satisfactory to Licensor and shall be in the name of Licensee
with Licensor named therein as an additional assured. Said policy
or policies shall further provide that in the event of a material._,.,__
change or cancellation, Licensor shall be given thirty (30) days'
prior written notice of any change or cancellation directed to
Southern California Edison Company, Insurance Division, P. 0..: Box
800., Rosemead, California 91770. Certificates of insurance (or
upon demand, certified copies of policies) shall be filed with and
approved by Licensor. Licensor reserves the right to change the
place where such notice is to be given. Licensee also further _
agrees to indemnify and hold harmless Licensor and its officers,
agents and employees from and against any and all claims, demands,
loss, damage, expense and /or. liability, in any manner arising out of
or resulting from activities of Licensor in the washing of
insulators on and adjacent to said licensed property and other
maintenance work required to be performed.by Licensor.
19. Licensor shall pay real property taxes which may...accrue.
against the licensed property, except that Licensee shall reimburse.-...,
Licensor for that portion of real property taxes which may ..be...:...
assessed or result from Licensee's improvements to the licensed
property. Licensee shall also be responsible for the payment of,all
charges and assessments for or in connection with water, electric
current, or other utilities which may be furnished to or used upon...
said licensed property by Licensee and any personal property taxes
which may be assessed in connection with the use of the licensed
property.
20. Licensee agrees that in the exercise of its,.rights,
under this license. Licensee shall comply with all applicable munic- .
ipal, county, state and federal regulations, laws, ordinances and -
rules in connection with its use of the licensed property and shall
at all times keep such licensed property free and clear of any lien....;.
or encumbrance which might affect the title thereto.
21. In case of the failure or.refusal of Licensee to.comply
with and perform each and all of the terms and covenants on.its part
herein contained, the said license and all rights hereby given shall.. ..
at the .option of Licensor, cease and terminate, and Licensor shall.
have the right forthwith to remove Licensee's personal property .from,-
a.
the licensed property at the sole cost, expense and risk of Licensee,
which cost and expense Licensee agrees to pay to Licensor upon
demand, together with ten percent (10 %) interest, or the maximum
allowed by law, from the date of expenditure by Licensor.
22. In case Licensor shall bring suit to compel performance
of or to recover for breach of any covenant, agreement or condition
herein contained and such suit results in a judgment for Licensor,
Licensee will pay to Licensor reasonable attorney's fees in addition
to the amount of judgment and costs.
23. Licensee agrees that -it will not record this license.
24. All notices other than those hereinbefore.specified
which are required to be given by either party hereto to the other,
shall be deemed to have been duly given when made in writing and
deposited in the United States Mail, certified, and postage prepaid,
addressed as follows:
To Licensor: Southern California Edison Company
Real Properties Department
Property Management Section
P. O. Box 410
Long Beach, California 90801
To Licensee: City of Rosemead
8838 East Valley Boulevard
Rosemead, California 91770
25. Except as herein otherwise provided, the provisions of
this license shall inure to the benefit of and be binding upon the
parties hereto and their respective successors and assigns.
26. The neuter form of expression as used herein shall
include the masculine and /or feminine genders, where applicable.
27. Thirty (30) days prior to the end of the term of this
license, Licensor and Licensee agree to then. negotiate the terms and
conditions of any extension thereof. It is further agreed that if
Licensee shall retain possession of said licensed property beyond
said term, or any renewal or extension thereof, with the consent,
express or implied, of Licensor, such holding over may be terminated
by Licensor at any time by giving to Licensee thirty (30) days'
notice in writing for that purpose, and shall be subject otherwise
to all of the terms, covenants and conditions of this license, and
Licensee shall pay for such license during any such holding over, on
d pfatntn bdnig of the amount specified in Paragraph,.3...,hereof.
Neither party to this Park License shall have._ the .right-:, to....have,.a,...,,_.
court or other third party set the terms and conditions of any
extension thereof.
-7-
28. The existence, validity, construction, operation and
effect of this license and all of its terms and provisions shall be
determined in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as of the date first above set forth.
SOUTHERN CALIFORNIA EDISON COMPANY
By
R. J off
Manager of
Real Properties Department
LICENSOR
lr791/lmj
%9
BY I NA
CITY OF ROSEMEAD
10� U
LICENSEE
APPROVED AS TO �FORM:
JOHN R. BURY
Vice President General Counsel
By
..... .. ----- — - -- -----
VAULT COPY
�KL /N6ER.N4N ST.
/2 G •-
-ve> Fr. RO ESM'
GRAN rG0 yD /
Lp. OF L.A.
Ooc. Szz-0 /
RGOISTEREO
i cK sxwF1J ESMr.
7D LI r OF
ROSEINEAO GER
O.? O 506 9 - 469
.,rRpG
ELY LINE S. C. E. GO.
oe'vERAL OFFICE If
PA,a,CING CoT
.S'ECT /ON A fn
h0•
s
V
V
J Q
i
- ► /A9.6S --.
Z
4
/M
/ 326o
rr n\
r
EXHIBIT "A"
P.1. D. # %O -Y/00 /S
Draw. #J /O %G 71
seq. #
R/W File # O,/- 15f -
0
Lat A
.3zclo
p�
h �a0
Xe w 0
0 y 60
0� �h pad
�a LEGEND
6
iy ``Q� �"���. L1nd o/asciibcd .� ffic
�C �ICCnse /o his C.'fy
V cF Qa+Cmc
qb v
BE R.
EXHIBIT "A"
J. 0. M. 9. S9 • BB
I
GENERdL UFF /CE ORoPERry
MAP JNOW /NG [ANOS BEING LICENSfO
nj CIry oP ,fOSE.t -�EAO Oy sCECo.
Ft�R PA.oC P�/RPOSES
Count O Los Q/h'l �"�FS
SOUTHERN CALIFORNIA E014ON CO.
0 0
PARK LICENSE
0
RP File No.: 01 -81 -045
THIS AGREEMENT, made as of the 26th day of November
19 85 between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation
organized under the laws of the State of California, hereinafter
called "Licensor ", and the CITY OF ROSEMEAD, a municipal corporation,
hereinafter called "Licensee ";
WITNESSETH: That Licensor, for and in consideration of the faithful
performance by Licensee of the terms, covenants and agreements here-
inafter set forth to be kept and performed by Licensee, does hereby
give to Licensee the license to use that certain real property here-
inafter described, solely for the purpose hereinafter specified, upon
and subject to the terms, reservations, covenants and conditions
hereinafter set forth.
The real property hereinabove referred to is located in the
City of Rosemead. County of Los Angeles, State of California,
hereinafter referred to as "licensed property" and described as
follows:
SUBJECT TO:
ti
Covenants, conditions, restrictions, reservations, excep-
tions, rights and easements, whether or not of record, including,
but not limited to, the following:
An easement for sanitary sewer purposes granted to the City
of Rosemead by instrument recorded on May 26, 1971, in Book
D5069, page 469 of Official Records in the office of the County
Recorder of said Los Angeles County.
That portion of Lot "A" of Tract No. 3260, as per map
recorded in Book 34, page 21 of Maps, in the office of the
County Recorder of said Los Angeles County, bounded and
N
c�
N
described as follows: on the Southeast by the Northwesterly
w
'
line of that certain parcel of land conveyed to the
City of
Monterey Park by deed recorded on December 27, 1968,
in Book
D4235, page 610, of Official Records, in the office
of the
o
County Recorder of said Los Angeles County, on the North
by the
c r
Southerly line of Klingerman Street, 60 feet wide as described
in that certain easement to the County of Los Angeles
filed as
1
Document 322 -D in the office of the Registrar of Land
Title of
0
c�
�
said County, now records of the Recorder's Office of
said Los
c
Angeles County, and on the West by the Easterly line of
Southern
California Edison Company's General Office Parking Lot.
Section
said land is shown on map attached marked EXHIBIT
"A" and
\,
by this reference made a part hereof.
SUBJECT TO:
ti
Covenants, conditions, restrictions, reservations, excep-
tions, rights and easements, whether or not of record, including,
but not limited to, the following:
An easement for sanitary sewer purposes granted to the City
of Rosemead by instrument recorded on May 26, 1971, in Book
D5069, page 469 of Official Records in the office of the County
Recorder of said Los Angeles County.
0
The foregoing
terms and conditions,
with and perform:
0
license is also made subject to the following
all of which Licensee hereby agrees to comply
1. Licensee agrees to use the licensed property -for park
purposes only. Licensor makes no representation, covenant, warranty
or promise that said licensed property is fit for any particular
use, including the use for which this license is granted.
2. Unless otherwise terminated, as provided herein, the
term of this license shall be for a term of ten (10) years
commencing on January 1, 1986, and ending on December 31, 1996.
3. There is no monetary consideration for this license.
4. Licensor reserves for itself, its successors and
assigns, the right to construct, maintain, operate, repair, replace
and /or inspect, in, on, over, under and across said licensed
property, electric power lines, telephone lines and /or pipe lines or
conduits, together with appurtenant structures, and the right to
construct, maintain and use roads across said licensed property, and
the right to use said licensed property, or any portion thereof, for
any purpose that said Licensor may desire in connection with its
business, together with the right to enter upon said licensed
property, or any portion thereof, at all times, for any or all of
the above mentioned purposes, all of which rights may be exercised
without the payment of any compensation or, damages whatsoever for
destruction of or damage to personal property located on the licensed
property resulting from the exercise of said rights, or any portion
thereof.
5. In connection with the use of said licensed property,
it is specifically agreed that Licensee shall meet the following
conditions at its sole expense:
(a) Licensee shall provide Licensor with adequate
access to all of Licensor's structures and at no time is there to be
any interference with the free movement of Licensor's equipment and
materials.
(b) Any feeder lines and /or sprinklers installed on the
licensed property shall be capable of withstanding a gross load of
forty (40) tons on a three -axle vehicle.
(c) Licensee shall install suitable identification
markers indicating the location and depth of any underground service
facilities.
(d) Any underground facilities within the licensed
property shall have a minimum cover of three feet in order to avoid
-2-
interference with future underground facilities of Licensor. It is,
expressly understood that in the event such facilities of Licensee
interfere with the construction of additional facilities by Licensor,
Licensee will reimburse Licensor for the difference in cost to con-
struct and maintain Licensor's proposed facilities so as not to
interfere with Licensee's facilities, or at the option of Licensor,
Licensee will relocate its facilities at its own expense so as not
to interfere with Licensor's proposed facilities.
(e) Any earth disturbed by Licensee and /or backfilling
within the licensed property shall be compacted to ninety percent
(90 %) in order to avoid future erosion, and in no case shall soil be
disturbed within fifteen (15) feet of Licensor's existing tower
footings.
(f) No facilities shall be permitted on the licensed
property without the express written consent of Licensor. All facil-
ities constructed by Licensee shall be constructed in a manner so as
to clear all conductors by a minimum distance of seventeen (17) feet.
(g) All trees or plants within the licensed property
shall be maintained by Licensee and shall not exceed a height of
fifteen (15) feet.
(h) Licensee shall install sixteen (16) feet wide
double drive gates at such locations as shall be designated by
Licensor.
(i) Licensee shall insure that no flying of kites or
model airplanes or other activity which could cause contact with
overhead conductors will be conducted on the licensed property.
( j ) Licensee shall replace any existing wire fencing
with six -foot high chain link fence.
(k) Any fencing used to separate baseball fields shall
not exceed a height of eight (6) feet.
(1) Licensee shall provide and maintain chain link
fencing of a height of six (6) feet around towers, twenty -five (25)
feet from all tower legs, unless trespass - discouragers are installed
on said towers by Licensor at Licensee's request, cost and expense.
In either event, the twenty -five (25) feet clearance from all tower
legs must be maintained.
(m) Licensee shall insure that all fencing and other
metallic structures are adequately grounded.
(n) Licensee shall provide for and install patrol roads
sixteen (16) feet wide and driveways capable of supporting forty
(40) tons on a three -axle vehicle at such locations as Licensor may
designate.
-3-
0 0
(o) All final plans, including but not limited to
grading plans, shall be submitted to Southern California :Edison
Company, P.O. Box 2217, Fullerton, .CA 92633 Attention:,,,, -.Real
Properties 'Department, Property Management :Section, for approval
sixty (60) days prior to:commencement of any construction.
6: This license is personal to Licensee, and Licensee.shall
not assign or transfer this license, or any right hereunder, in whole
or in part, without first securing the written consent of Licensor
thereto. No written consent by Licensor hereunder shall be deemed a
waiver by Licensor. of -.any of the provisions hereof, except ,to the
extent of "such consent. _
7. No permanent or possessory interest shall accrue to
Licensee in the licensed property by reason of this license or by
exercise of the permission given.
8. This license is given pursuant to the authority of and
upon And '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.
9. Licensee agrees that it shall, at its sole cost, keep
and maintain said licensed property, and shall provide appropriate
controls for dust and noise. Licensor shall not be called upon or
required, at any time, to make any improvements, alterations, changes
or additions of any nature whatsoever to the licensed property.
Licensee may, at its sole expense, improve the licensed property in
any manner as may be reasonably necessary to accommodate its use of
the licensed property, but shall not make any improvements without
the prior written consent of Licensor.
10. Licensee agrees that in the exercise of the permission
given herein, its contractors, employees and other agents will main-
tain a clearance between any and all equipment, except grass cutting
equipment, operating or placed within the boundaries of the licensed
property of not less than twenty -five (25) feet from any and all
structures thereon and of not less than seventeen (17) feet from any
and all overhead electric conductors.
11. Licensee agrees not to park or to allow the parking of
any motor vehicles, trucks and /or equipment on any portion of said
licensed property.
112. Licensee agrees that it will not place or store any
flammable materials within the boundaries of the licensed property
and will not permit others within its control to do so; that it will
not commit any waste or damage, nor suffer any to be done; that it
will keep the licensed property clean, free from rubbish and debris,
and in a condition satisfactory to Licensor.
SLR
0 0
13. Licensee agrees to take appropriate steps necessary to.
prevent dust contamination of Licensor's facilities located on,`near
or adjacent to the licensed property and the property of adjacent
owners.
14. Licensee agrees to remove all encroachments upon the
licensed property at Licensee's sole expense, at any time, upon
thirty (30) days' written notice.
15. The parties hereto agree that this license may be
canceled and terminated by either Licensor or Licensee, at any time,
upon thirty (30) days' notice in writing to that effect given by
either party hereto to the other. In such event or when the license
expires, Licensee agrees, if so requested in writing by Licensor, to
remove at that time its personal property from the licensed property
and to restore the ground to as near its original condition and
appearance as possible within said period of thirty (30) days, at
its sole expense and risk. No such termination or cancellation or
expiration hereof shall release Licensee from any liability or
obligation (whether of indemnity or otherwise) which may have
attached or accrued previous to or which may be accruing at the time
of and /or by reason of such termination, cancellation or expiration.
16. Upon the termination of this license by the expiration
of the term thereof or otherwise, Licensee agrees to peaceably quit
and surrender the licensed property to Licensor in good order and
condition. Any and all property of whatsoever kind or character
remaining upon the licensed property upon the expiration or sooner
termination of this license shall thereupon be and become the
personal property of Licensor, but this shall not prevent Licensor
from requiring Licensee to remove, at Licensee's expense, any and
all personal property placed upon licensed property by Licensee,
which Licensor may desire removed from said licensed property.
17. In the event the use of said licensed property shall
be abandoned by Licensee or said licensed property shall not be used
by Licensee for the period of one (1) year, then the license hereby
granted shall terminate upon written notice to that effect given by
Licensor to Licensee, and upon such termination Licensee agrees to
remove its personal property from the licensed property at its own
expense and risk, if so requested in writing by Licensor, within
ninety (90) days from and after the giving of such notice as afore-
said, and to restore the ground to as near its original condition
and appearance as possible.
18. Licensee hereby agrees for itself, its successors and
assigns, to save harmless and indemnify. Licensor, its officers,
agents and employees, and its successors and assigns, from and
against all claims, loss, damage, actions, causes of action, expense
and /or liability arising from or growing out of loss or damage to
property, including Licensor's own property, or injury to or death
3.1.V
0 0
of persons, including employees of Licensor resulting in. -any manner.
whatsoever, directly or indirectly; from the exercise of -the "rights
granted ..hereunder, inc.luding, but not limited to, the use =of -.the
property by the general public. Licensee further agrees to secure
and keep in force throughout the life of this license, Comprehensive
Bodily Injury and Property Damage Liability Insurance, including
Contractual .Liability with limits as follows: not less: than "'One
Million Dollars ($1,000,000.00).for injury to or death of one person
in any one occurrence; and not less than One Million Dollars
($1,000,000.00) for damage to Licensed Property in any 'one
occurrence...,- Such.,insurance is -,to be.,placed with - companies and he in
0a.form satisfactory to Licensor and shall be in the name of Licensee
with�,:Licensor named therein as an additional assured. Said - policy
or policies shall further provide that in the event of a material,._ .
change or cancellation, Licensor shall be given thirty (30)' days'
prior written notice of any change or cancellation directed to
Southern California Edison Company, Insurance Division, P. O. Box
800, Rosemead, California 91770. Certificates of insurance (or
upon demand, certified copies of policies) shall be filed with and
approved by Licensor. Licensor reserves the right to change the
place where such notice is to be given. Licensee also further
agrees to indemnify and hold harmless Licensor and its officers,.
agents and employees from and against any and all claims, demands,
loss, damage, expense and /or liability, in any manner arising out of
or resulting from activities of Licensor in the washing of
insulators on and adjacent to said licensed property and other
maintenance work required to be performed by Licensor.
19. Licensor shall pay real property taxes which may.accrue,
against the licensed property, except that Licensee shall reimburse
Licensor for that portion of real property taxes which may be
assessed or result from Licensees improvements to the licensed
property. Licensee shall also be responsible for the payment of all
charges and assessments for or in connection with water, electric
current, or other utilities which may be furnished to or used upon.
said licensed property by Licensee and any personal property taxes
which may be assessed in connection with the use of the licensed
property.
20. Licensee agrees that in the exercise of its .rights ..
under this license, Licensee shall comply with all applicable munic-
ipal, county, state and federal regulations, laws, ordinances and ..
rules in connection with its use of the licensed property and shall
at all times keep such licensed property free and clear of any lien
or encumbrance which might affect the title thereto.
21. In case of the failure or refusal of Licensee to comply
with and perform each and all of the terms and covenants on its part
herein contained, the said license and all rights hereby given shall,
at the .option of Licensor, cease and terminate, and Licensor shall
have the right forthwith to remove Licensees personal property from_.
the licensed property at the sole cost, expense and risk of Licensee,
which cost and expense Licensee agrees to pay to Licensor upon
demand, together with ten percent (10 %) interest, or the maximum
allowed by law, from the date of expenditure by Licensor.
22. In case Licensor shall bring suit to compel performance
of or to recover for breach of any covenant, agreement or condition
herein contained and such suit results in a judgment for Licensor,
Licensee will pay to Licensor reasonable attorney's fees in addition
to the amount of judgment and costs.
23. Licensee agrees that it will not record this license.
24. All notices other than those hereinbefore specified
which are required to be given by either party hereto to the other,
shall be deemed to have been duly given when made in writing and
deposited in the United States Mail, certified, and postage prepaid,
addressed as follows:
To Licensor: Southern California Edison Company
Real Properties Department
Property Management Section
P. O. Box 410
Long Beach, California 90801
To Licensee: City of Rosemead
8838 East Valley Boulevard
Rosemead, California 91770
25. Except as herein otherwise provided, the provisions of
this license shall inure to the benefit of and be binding upon the
parties hereto and their respective successors and assigns.
26. The neuter form of expression as used herein shall
include the masculine and /or feminine genders, where applicable.
27. Thirty (30) days prior to the end of the term of this
license, Licensor and Licensee agree to then negotiate the terms and
conditions of any extension thereof. It is further agreed that if
Licensee shall retain possession of said licensed property beyond
said term, or any renewal or extension thereof, with the consent,
express or implied, of Licensor, such holding over may be terminated
by Licensor at any time by giving to Licensee thirty (30) days'
notice in writing for that purpose, and shall be subject otherwise
to all of the terms, covenants and conditions of this license, and
Licensee shall pay for such license during any such holding over, on
h ptordta b6gig of the amount specified in Paragraph 3, .hereof.
Neither party to this Park License shall have the r.ight,.to .have..a,
court or other third party set the terms and conditions of any
extension thereof.
WAS
28. The existence, validity, construction, ,ope,rat -!on and
effect of this license and all of its terms and provisions shall be
determined in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as of the date first above set forth.
1r791 /lmj
SOUTHERN CALIFORNIA EDISON COMPANY.
By
R. J Sul. f
Manager of
Real Properties Department
LICENSOR
CITY OF ROSEMEAD
r" 111N 1
s
.30 FT. eOo ESMT
GR4�TLO %a
CO. OF L • A. P6.p
OOC. 322-0
QCO /STE.PEO
Cif SEWE17 ESMT.
7U C /TY OF
Ro SE.vIEAO PEQ
O.e DSOS9 -469
1
TRIG
ko
ELY L /NE -5,
6E'NERAL OFF /CF
PAR.0 /NG LoT
SECT /ON A fn
40
EXHIBIT "Al"
Draw.
Seq. #
R /W File # 0/-
326
P
ms cs , .
Cor. Lot A
I CT 3260
p�
Y p�o D V
xe, u 0
�, 1 yIry
yap ?P
yDl `�a LEGENO
S. C F Co .
tl
Rb �
EXHIBIT "A"
J. O.
M. 6. J!9 - BB
052 / GENERdL UFF /CE G,QO PER Iy
MAP JNOW/NG CANOS BE /NC. G /CENjLp
TCJ C /rY o'F .G'OSEMEAO OY SCECo.
FOR PA.oL O �/R PoSC S
SER. �'i � -� I SOUTHERN CALIFORNIA EDISON CO.
0 0
0
N
k
c
i
"
0649m/gl,
3CE RW 63-A NEW 3I78
6tl!!W. �Ctl 9+4�
y .�
C
v W
h ,
� Q
KL/NGER 4--l4 -,V %!9r Jew. as,
//o. 96" —
zza-5' ti
/3 • �qqy
.9i s'
.3o Fr. ao. Es/Hr.
GR4NTE0 2D
L.A. 60
CO. Off' P6Q -
OOC.
R6G /STERED {�
LANDS
\.O V
OF 5£wE17
Lo 460
RoSE/vJFAD PER � � CIO AU n(�
ELy L / /lE SG E. CO ka O �P -
GENE,CAL OFF /CE �
SECT /ON fi 4) 5� �Q CEGE/VO
�ryh 3
'}y Qr �'•�'� Land des c.ibcd -n tfiG
�� license /o r%i e C -'fy
� of Rom e m c�-
1^A� �
I
Con Laf .4
;C7 .9260
c
J
29
o5d'
EXHIBIT "A''
J. O. M. 8.S9 - BB
GENERdL UFF /cE P,<o PERry
MAP SNOW /NG [NNOS BE /NC,: [. /�G - -ry
M c,ry of .CO5 -c NFAO By
fOR DARC P��R/'nst5
Cbun / O /AS QiX�r>�c: S
erR. SOUTHERN CAOFORNIA CD!ION CO.
®scm- c
8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770
February 25, 1982
Mr. John B. Pitts
Right of Way and Land Dept.
P. O. Box 399
Montebello, California 90640
Dear Mr. Pitts:
Enclosed you will find a copy of the Renewal License between
the Southern California Edison Company and the City of Rosemead
for Klingerman Park.
This License was approved and executed on February 23, 1982
at a regular Council Meeting.
Encl..
Sincerely,
Ellen Poochigian, City Clerk
MAYOR MAYOR PRO TELL: COUNCILMEN:
JAY T. IMPERIAL HERBERT R. HUNTER MARVIN J. CICHY
GARY k TAYLOR
LOUIS TURY. JR.