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2300 - Southern California Edison - Zapopan Park License AgreementsSCE Doc. 25855, 26291, & 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) CITY OF ROSEMEAD-ZAPOPAN PARK 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. LICENSOR'S 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 AND EXISTING FIXTURES 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. LICENSEE'S PERSONAL PROPERTY UPON TERMINATION OR EXPIRATION 32. LIMITATION OF LIABILITY 33. NON -POSSESSORY INTEREST 34. WAIVER 35. AUTHORITY 36. ELECTRIC AND MAGNETIC FIELDS Initial) / ( /frA-) 4en'sor/Licens -1- Rev8 2016-05-11 GS -JC SCE Doc. 25855, 26291, & 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) 37. INDUCED VOLTAGES 38. NOTICES 39. RECORDING 40. COMPLETE AGREEMENT 41. SIGNATURE AUTHORITY 42. SURVIVAL APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS ADDENDUM(S) PARKING PARK USE TREES/ LANDSCAPING -2- Rev8 2016-05-11 GS -JC Initial Li ensor/LicenseLu SCE Doc. 25855, 26291, & 56526 Att. LICENSE AGREEMENT Contract No. 9.4097 (Formerly Contract No. L1614) THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of California, called "Licensor", and CITY OF ROSEMEAD- ZAPOPAN PARK, 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 all of Assessor's Parcel Number 5288-005-800, 5288-005-801, 5288-005-802, 5288-005-804, 5288-005-805, and 5288-005-806, situated in the City of Rosemead, County of Los Angeles, State of California, subject to any and all covenants, restrictions, reservations, exceptions, rights and easements, whether or not of record. Acknowledgment of License and Disclaimer of Tenancy Licensee acknowledges and agrees that the License constitutes a limited, revocable, non -possessory, personal and non -assignable privilege to use the Property solely for those permitted uses and activities expressly identified in the Agreement (the "License Privilege"). Licensee further acknowledges and agrees that: • The consideration paid by Licensee pursuant to Article 3 of the Agreement is consistent with the value of the rights comprising the License Privilege; the consideration is not consistent with the higher market value for a greater right, privilege or interest (such as a lease) in the Property or similarly situated parcels. • Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or leasehold in relation to the Property. • The Agreement and/or any prior and/or future acts or omissions of Licensor shall not create (or be construed as creating) a leasehold, tenancy or any other interest in the Property. • Licensor may terminate the License and revoke the License Privilege at any time, subject, if applicable, to a notice period agreed upon by the parties, as more particularly set forth in the Agreement. • In consideration of Licensor's grant of the License, Licensee specifically and expressly waives, releases and relinquishes any and all right(s) to assert any claim of right, privilege or interest in the Property other than the License. • Licensee further acknowledges and agrees that without the representations and agreements set forth herein, Licensor would not enter into the Agreement. Initial ( / ( / ) icensor/ License -3- Rev8 2016-05-11 GS -JC SCE Doc. 25855, 26291, & 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) 1. Use: Licensee will use the Property for park and public recreation purposes only. Licensor makes no representation, covenant, warranty or promise that the Property, and any fixtures thereon, are fit or suitable 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 use of the property for any other purpose and/or failure to utilize the Property in accordance with this License as determined by the Licensor in its sole discretion will be deemed a material default and grounds for immediate termination of this Agreement in accordance with Articles 28 and/or 30. 2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of five (5) years commencing on the first day of July, 2021 and ending on the last day of June, 2026. 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 Thousand Eight Hundred Seventy Six and 03/100 Dollars ($1,876.03) upon the execution and delivery of this Agreement with subsequent annual payments. Payment to Licensor must be in the form of a check or money order payable to Southern California Edison Company. No cash payments will be accepted by Licensor. Payment schedule: Year Term Yearly Amount Payment Due First Day Of First Year 2021 $1,876.03 July Second Year 2022 $1,932.31 July Third Year 2023 $1,990.28 July Fourth Year 2024 $2,049.99 July Fifth Year 2025 $2,111.49 July All accounts not paid by the agreed upon due date may be subject to a late fee of up to 20% of the amount that was due on the date. 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, under 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. M Rev8 2016-05-11 GS -JC Initial / PKM ) Lic nsor/Licens SCE Doc. 25855, 26291, 8s 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) (b) Commercial General Liability Insurance, including contractual liability and products liability, with limits not less than $2,000,000.00 per occurrence and $2,000,000.00 in the aggregate. Such insurance shall: (i) name Licensor, its officers, agents and employees as additional insureds, but only for Licensee's negligent 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. Park and public recreation use is an approved Secondary Use Category; Licensee may submit written verification of self-insurance to meet the above insurance requirements. The failure to maintain such insurance may be deemed by Licensor a material default of this Agreement and grounds for immediate termination pursuant to Articles 28 and/or 30. Licensee shall provide Licensor with proof of such insurance by submission of certificates of insurance, pursuant to Article 38 "Notices", at least ten days prior to the effective date of this Agreement, and thereafter at least ten days prior to each insurance renewal date. Licensee must provide Licensor at least thirty (30) days notice before any such insurance will be canceled, allowed to expire, or materially reduced. However, in the event insurance is canceled for the non-payment of a premium, Licensee must provide to Licensor at least ten (10) days' prior written notice before the effective date of cancellation. 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 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, structures, and/or crops located on the Property, nor shall Licensee be entitled to any compensation for any loss of use of the Property or a portion thereof, and/or any related damages, as a result of Licensor's activities under this Article. 6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval, complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding, and irrigation 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. -5- Rev8 2016-05-11 GS -JC Initial *1cesor`/(_Eicen/ ) se SCE Doc. 25855, 26291, 8v 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) To the extent Licensor reviews and/or approves any improvement plans, Licensor is doing so only for purposes of determining whether said improvements are compatible with Licensor's use of the Property. Under no circumstances shall such review and/or approval be construed as a warranty, representation, or promise that the Property is fit for the proposed improvements, or that said improvements comply with any applicable city, state, or county building requirements, other legal requirements, or the generally accepted standard of care. 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 compensation from Licensor. Licensor is not required, at any time, to make any repairs, improvements, alterations, changes or additions of any nature whatsoever to the Propertyand/or any fixtures thereon. Licensee expressly acknowledges that any expenditures or improvements will in no way alter Licensor's right to terminate in accordance with Articles 28, and/or 30. 7. Licensee's Personal Property: (i) Licensor grants Licensee permission to place Licensee's personal property on the Property consistent with the use identified in Article 1 and other terms of this Agreement. Such permission granted by Licensor shall be revoked upon the earlier of the termination or expiration of this Agreement. All 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. Licensee shall be responsible for any damage to the Property and/or Licensor's personal property arising out of Licensee's activities on the Property, including its use and/or removal of Licensee's personal property. Licensee further acknowledges and agrees that Licensor is not responsible for Licensee's personal property during the effectiveness of this Agreement, or upon termination or expiration. Licensor further assumes no duty or obligation to maintain or secure Licensee's personal property at any time. (ii) Unless as specifically provided for in an Addendum to this Agreement, Licensee shall not store on the Property, for a period longer than twenty-four (24) consecutive hours, any personal property owned by a non-party to this Agreement. Licensee will defend and indemnify Licensor, its directors, officers, agents, subcontractors, and employees, and its successors and assigns, from any and all claims, loss, damage, actions, causes of action, expenses and/or liability arising from the storage of, damage to, and/or loss of use of such non- party's personal property. 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 to maintain minimum clearances from all overhead electrical conductors as designated in the table below: M Rev8 2016-05-11 GS -JC Initial/ ( /) is sor/License Vehicle/ Equipment Vertical Clearance 500 kV 35 feet 220 kV - 66kV 30 feet <66kV Distribution facilities 25 feet Telecom 18 feet M Rev8 2016-05-11 GS -JC Initial/ ( /) is sor/License SCE Doc. 25855, 26291, & 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) 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, personnel, 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, 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: 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 by Licensor for structures. 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 a writing executed 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 allow 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 any trespasser, dust, odor, flammable or waste materials, noise or other nuisance disturbances. Licensee will not permit dogs 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 hazard, and 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 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. -7- Rev8 2016-05-11 GS -JC Initial( ) / ( / ) Lic nsor/License SCE Doc. 25855, 26291, & 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) 15. Signs: 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 learns of the graffiti remove any signs containing graffiti or shall otherwise remove such graffiti from the signs in a manner reasonably acceptable to Licensor. Notwithstanding any other language in this Article, Licensee shall not advertise on any sign any product, service, or good which is (i) not directly related to Licensee's use of the Property, (ii) offensive to the public, or (iii) which Licensor, in its reasonable discretion, deems objectionable. 16. Fencing and Existing Fixtures: Licensor disclaims any and all express or implied warranties for any fencing and/or other fixtures affixed to the Property, and further disclaims any liability arising from any disrepair of the same. Licensee may install fencing on the Property with prior written approval from Licensor. Such fencing will include double drive gates, in locations specified by Licensor, a minimum of twenty (20) feet in width, and designed to accommodate separate Licensor and Licensee locks. Licensee will maintain and repair all fencing and other fixtures affixed to the Property, including any grounding of the same as deemed necessary by Licensor, in a manner acceptable to Licensor. Grounding plans must be prepared and stamped by a licensed electrical engineer and submitted 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 must be approved by Licensor pursuant to Article 6. Licensee must contact Dig Alert and comply with the applicable processes, policies and/or procedures of Dig Alert, prior to any underground installation. 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 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. 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 use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above-mentioned taxes, assessments or liens when M Rev8 2016-05-11 GS -JC Initia*icenscr ) / ( /) /License SCE Doc. 25855, 26291, & 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) due, Licensor may pay the same and charge the amount to the Licensee. All accounts not paid within thirty (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. 23. Expense: Licensee will perform and pay all obligations of Licensee under this Agreement. All matters or things required by Licensee will be performed and paid for at the sole cost and expense of Licensee, without obligation by 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. 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 resulting from any violation of this provision. 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 or Licensee may terminate this Agreement, at any time, for any reason, upon thirty (30) days notice in writing. Additionally, Licensor may immediately terminate this Agreement pursuant to Article 30. Termination does not release Licensee from any liability or obligation (indemnity or otherwise) which Licensee may have incurred. Upon termination, 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. Licensee's continued presence after termination shall be deemed a trespass. In the event of a termination for any reason other than non-payment of the License fee, Licensor shall refund any previously collected/pre-paid License fees covering the unused portion of the remaining term, to the extent such fees exceed any offset claimed by Licensor under the Agreement 29. Events of Default: In addition to material defaults otherwise described herein, the occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee: M Rev8 2016-05-11 GS -JC Initial/ ( / Lic sor/Licensee SCE Doc. 25855, 26291, 8v 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) (a) Any failure by Licensee to pay the consideration due under Article 3, or to make any other payment required to be made by Licensee 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 for Licensee's activities under this Agreement. (e) Any attempt to exclude Licensor from the licensed premises. (f) 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. (g) Any case, proceeding or other action brought against Licensee seeking any of the relief mentioned in "clause f' of this Article which has not been stayed or dismissed within thirty (30) days after the commencement thereof. (h) Any claim by Licensee that it has a possessory interest and/or irrevocable license in the Property. (i) With respect to items not otherwise listed in Article 29.a -h, the failure by Licensee to observe and perform any other provision of this Agreement to be observed or performed by Licensee. Licensor shall provide written notice of such failure and Licensee shall be considered in material default where such failure continues for a total of ten (10) or more consecutive days from the date of the notice. Further, with respect to items not otherwise listed in Article 29.a -h, Licensee shall be considered in material default should Licensee fail to observe or perform any other provision of this Agreement for more than fifteen (15) days during the entire Term of the Agreement in the aggregate, after Licensor provides an initial written notice of such failure. After providing initial notice under this provision, Licensor will not be required to provide any subsequent notice of breach of this Agreement. 30. Remedies: Notwithstanding the notice requirement in Article 28, in the event of any material default by Licensee, then in addition to any other remedies available to Licensor at law or in equity, Licensor shall have the option to immediately terminate this Agreement and all rights of Licensee hereunder by giving written notice of such immediate termination to Licensee. 31. Licensee's Personal Property Upon Termination or Expiration: In the event that this Agreement is terminated, whether termination is effected pursuant to Article 28 and/or 30, or in the event this Agreement expires pursuant to Article 2, Licensee shall, at Licensee's sole cost and expense and prior to the earlier of the effective termination date or expiration date, remove all weeds, debris, and -10- Rev8 2016-05-11 GS -JC Initial ( is nsor/Licens SCE Doc. 25855, 26291, & 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) waste from the Property and peaceably quit, surrender and restore the licensed Property to the condition it was in prior to the Licensee's use of the Property, in a manner satisfactory to Licensor. If Licensee fails or refuses to remove any of Licensee's personal property, building(s), fixture(s) or structure(s) from the Property prior to the earlier of the termination date or expiration date, said personal property, building(s), fixture(s) or structure(s) shall be deemed abandoned by the Licensee, and the Licensor shall have the right, but not the obligation, to remove, destroy, sell or otherwise dispose of them with no further notice to Licensee. Licensor shall not be required to seek and/or obtain judicial relief (including, but not limited to, the filing of an unlawful detainer action), nor shall Licensor be responsible for the value of Licensee's personal property. Licensor shall have the right to charge and recover from Licensee all costs and expenses incurred by Licensor related to (i) the removal, disposal or sale of Licensee's personal property, building(s), fixture(s) or structure(s), (ii), the removal of any waste, weeds, or debris on the Property, (iii) environmental studies and environmental remediation and/or cleanup attributable to Licensee's use of the Property, and (iv) the restoration of the Property to the condition it was in prior to Licensor's initial use of the Property. Licensee agrees to pay such expenses to Licensor upon demand. 32. Limitation of Liability: IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEE IDENTIFIED IN ARTICLE 3, WHICH INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING FOR LICENSOR, LICENSEE AGREES TO LIMIT LICENSOR'S LIABILITY PURSUANT TO THIS AGREEMENT. AS SUCH, IF LICENSEE IS ENTITLED TO ANY RELIEF FOR LICENSOR'S NEGLIGENCE, INCLUDING GROSS NEGLIGENCE, FOR DAMAGE OR DESTRUCTION OF LICENSEE'S PERSONAL PROPERTY, BUILDING(S), STRUCTURES) OR FIXTURES) AFTER THE TERMINATION OR EXPIRATION OF THIS AGREEMENT, THE TOTAL LIABILITY OF LICENSOR SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TERM OF THIS AGREEMENT. FURTHER, IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CIRCUMSTANCES FOR INJURY OR DAMAGE TO LICENSEE'S BUSINESS, IF ANY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF RENTS OR OTHER EVENTS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL OR LOSS OF USE, IN EACH CASE, HOWEVER OCCURRING, RELATED TO THIS AGREEMENT. 33. Non -Possessory Interest: Licensor retains full possession of the Property and Licensee will not acquire any possessory interest, whether temporary, permanent, 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 and Licensee will not claim that it has or ever had an irrevocable license in the Property. 34. Waiver: Licensor shall not be deemed to waive any provision of this Agreement orally or by conduct. Any waiver by Licensor of any provision of this Agreement must be in a writing signed by Licensor. No waiver by Licensor of any provision shall be deemed a waiver of any other provision 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. Licensor's acceptance of payment after providing notice of termination to Licensee shall not constitute a waiver of Licensor's termination of the Agreement. -11- Rev8 2016-05-11 GS -JC Initial) / ( /) Lic nsor/ Licens SCE Doc. 25855, 26291, & 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) 35. Authority: This Agreement is executed subject to General Order No. 69-C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, incorporated by this reference. As set forth in General Order 69-C, this License is made conditional upon the right of the Licensor either on order of the Public Utilities Commission or on Grantor's own motion to resume the use of that property (including, but not limited to the removal of any obstructions) whenever, in the interest of Licensor's service to its patrons or consumers, it shall appear necessary or desirable to do so. Licensee agrees to comply with all federal, state and local laws and regulations. This Agreement should not be construed as a subordination of Licensor's rights, title and interest in and to its fee ownership, nor should this Agreement be construed as a waiver of any of the provisions contained in said License or a waiver of any costs of relocation of affected Licensor facilities. 36. 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 this scientific research and public concerns. While some 40 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 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 regarding the planned use of this property. 37. Induced Voltages: Licensee hereby acknowledges that any structures (including, but not limited to, buildings, fences, light poles) that exist or may be constructed on the Property licensed herein, (hereinafter, the "Structures") in close proximity to one or more high voltage (66 kilovolt or above) electric transmission lines and/or substation facilities may be susceptible to induced voltages, static voltages and/or related electric fault conditions (hereinafter collectively referred to as "Induced Voltages") unless appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly mitigated, Induced Voltages can cause a variety of safety and/or nuisance conditions including, but not limited to, electric shocks or other injuries to individuals contacting the Structures or other utilities connected to the Structures (including, but not limited to, natural gas lines, water lines or cable television lines), or interference with or damage to sensitive electronic equipment in or around the Structures. Measures to mitigate Induced Voltages, if required, will vary from case to case because of factors such as electric facility configuration and voltage, other utilities involved, or sensitivity of electronic equipment. Licensee will be responsible to determine what Induced Voltages mitigation measures should be undertaken regarding the Structures and to implement such mitigation measures at its sole cost and expense. -12- Rev8 2016-05-11 GS -JC Initial Licensor/ cns,evr SCE Doc. 25855, 26291, & 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) Licensee agrees for itself and for its contractors, agents, licensees, invitees, and employees, to save harmless and indemnify Licensor, its parent, subsidiaries and affiliated entities and their respective officers and employees against all claims, loss, damage, actions, causes of action, expenses and/or liability arising from or growing out of loss or damage to property, including Licensor's own personal property, or injury to or death of persons, including employees of Licensor caused by or resulting from or connected to Induced Voltages on or related to the Structures. 38. 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 Vegetation & Land Management Land Management - Metro Region 2 Innovation Way Pomona, CA 91768 To Licensee: City of Rosemead-Zapopan Park 8838 East Valley Boulevard Rosemead, CA 91770 Business Telephone No. (626) 569-2169 Notice will be deemed effective on the third calendar day after mailing. A party will immediately notify the other party in writing of any address change. 39. Recording: Licensee will not record this Agreement. 40. 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. This Agreement may not be modified, amended, contradicted, supplemented or altered in any way by any previous written or oral agreements or any subsequent oral agreements or unsigned written agreements. This Agreement may be modified or amended only by way of a writing executed by both parties. 41. Signature Authority: Each of the persons executing this Agreement warrants and represents that he or she has the full and complete authority to enter into this Agreement on behalf of the Party for which he or she is signing, and to bind said party to the agreements, covenants and terms contained herein. 42. Survival: Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement. -13- Rev8 2016-05-11 GS -JC Initial/ ( / Lic nsor/Licensee SCE Doc. 25855, 26291, & 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate. LICENSOR: SOUTHERN CALIFORNIA EDISON COMPANY ByQ/V"kA-'� SHARAT MISRA Real Estate Senior Specialist Land Management - Metro Region Vegetation & Land Managment Date LICENSEE: CITY OF ROSEMEAD-ZAPOPAN PARK B -z - X" )A A" ON — ORA MO ILLEDA, City Manager ko\nki-gm Date -14- Rev8 2016-05-11 GS -JC Initial (� ( / ) Lic sor/License SCE Doc. 25855, 26291, & 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) APPENDIX Guidelines for Standard Licensee Improvements The following criteria are provided to aid in developing 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 any construction on "Licensor" propertu. Plans should be developed indicating the size and location of all planned improvements. The plan should specify the dimensions of all planned improvements and 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 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. 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. -1- 2014.12.01Vll-GS-JC Initial) / ( /�- Lic /LicenseW SCE Doc. 25855, 26291, & 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) SHADEHOUSES/HOTHOUSES (Definition: A simple, non flammable, 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 growing 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- 2014.12.01 Vll-GS-JC Initial (/ Li ensor/Licens SCE Doc. 25855, 26291, & 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) c. 100 -foot radius around dead-end tower legs, H -Frames and poles 4. Sprinkler and drip irrigation 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 only 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. may be considered on a case by case basis and must be approved in writing by Licensor TRAILERS (Definition: Removable / portable office modules are not permitted without Licensor's prior permission. Trailers must meet the following criteria to be considered: Trailers must meet the following criteria: a. Must have axles and wheel and be able to be moved 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- 2014.12.01 Vll-GS-JC Initial / (-/Qo Licensor/Licens SCE Doc. 25855, 26291, & 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) 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 5. Electrical lines must be installed by a licensed -general contractor. 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 -general contractor 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. Parking spaces to be identified under the approved site plan. "No Parking" striping may be required in areas where additional clearance is required. MATERIAL STORAGE 1. If an emergency occurs, Licensee must immediately relocate all materials specified by Licensor 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. Initial/ ( /) Lic sor/Licens e 2014.12.01 Vll-GS-JC SCE Doc. 25855, 26291, & 56526 Att. ADDEND PARKING Contract No. 9.4097 (Formerly Contract No. L1614) A. Vehicles parked on the Property are limited to those owned by Licensee and its employees, invitees, customers and visitors. Licensee will not allow the storage, repairing or refueling of any vehicles on the property. B. Licensor only allows overflow parking. No portion of the Property will be used to satisfy the minimum parking requirements of any government agency. C. Licensee must obtain prior written approval from Licensor for any vehicle parking improvements and/or subsequent modification. Licensee will maintain parking improvements at all times in a safe condition satisfactory to Licensor. D. At any time, Licensor may require removal, modification, or relocation of any portion of the parking improvements. At Licensee's sole expense, Licensee will remove, modify, or relocate same to a location satisfactory to Licensor, within sixty (60) days after receiving notice to remove, modify, or relocate from Licensor. E. Parking will be permitted in designated areas only. Unless prior written approval is received from Licensor, no parking will be permitted under or within ten (10) feet of the "drip line" of Licensor's overhead electrical conductors. F. All parking spaces and parking improvements are to be identified on a site plan and submitted to Licensor to obtain prior written approval from Licensor. G. Bollards, K -rails, or "No Parking" striping may be required to protect Licensor's structures or in areas where additional clearance is required. H. The Licensee's parking area shall not interfere with the Licensor's minimum access road requirements. Initial' Lic "nsor/Licen e -5- 2014.12.01 V11 -GS -JC SCE Doc. 25855, 26291, & 56526 Att. DDENDUM PARK USE Contract No. 9.4097 (Formerly Contract No. L1614) A. Licensee must obtain the prior written approval from Licensor for the installation of any improvements, including any subsequent modifications. Licensee will maintain all improvements in a safe condition satisfactory to Licensor. B. At any time, Licensor may require the removal, modification, or relocation of any portion of the improvements. Licensee will remove, modify, or relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to remove, modify, or relocate from Licensor. C. Licensee must submit, for Licensor's prior written approval, complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding, and irrigation plans, that identify all existing and proposed improvements. D. At Licensee's expense, Licensee will post signs at all access points to the Property that read: "No Kite Flying, Model Airplanes, unmanned aerial vehicles (UAV's or Drones), or Metallic Balloons Permitted, High Voltage Wires Overhead." E. 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." F. At Licensee's expense, Licensee will post signs at all access points of the Property that read: "Dogs are required to be on leash at all times." G. Licensee must close the park at any time Licensor deems it necessary for the safety of the general public or for maintenance of Licensor's facilities. 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. H. 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. I. 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 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. J. 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. Initial) / ( /VA) LicA sor/License -6- 2014.12.01 V11 -GS -JC SCE Doc. 25855, 26291, & 56526 Att. ADDENDUM TREES/LANDSCAPING Contract No. 9.4097 (Formerly Contract No. L1614) A. 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. B. 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. C. 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. D. Periodically, the Property will be inspected by Licensor, and upon determination that any tree/vegetation requires trimming or removal, Licensee will be notified 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 contractor's expense; and Licensee may be subject to termination under the terms and conditions of the Permit or License. E. Trees/vegetation must be slow growing and maintained by Licensee to not exceed fifteen (15) feet in height. F. Failure by Licensee to maintain all permit or license clearance requirements will require removal at Licensee's expense. G. 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. H. 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. I. Licensee will keep the Property clean, free from weeds, rubbish and debris, and in a condition satisfactory to Licensor. J. 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. Initial �) / ( / ) Licensor/Licen -7- 2014.12.01 V11 -GS -JC NOTE GATE THE FOLLOWING CLEARANCES MUST BE MAINTAINED AT ALL TIMES, n r a) A 50-FOOT R4DIUS AROUND SUSPENSION TOWER LEGS, �y ; 50' H-FRAMES & 100-FOOT RADIUS AROUND DEAD-END TOWER LEGS. W WHITMORE ST QQ �`�n2%, �ti 1 b) A 25-FOOT RADIUS AROUND ALL OTHER POLES. �4 pp h v ; PARK ST Lo• �� %� m2-T6 50'LLJ 50' . ,., TRACT NO. 6677 % sir M.B. 74/42 R.S. 6677 r('�,,';'%�`�� �, , M.B. 93/72 TRACT N0. 3706 M.B. 40/39 o PP rr � GATE GARVEY AVE o o I LEGEND APN LEGEND PROPERTY OF SOUTHERN CALIFORNIA 1O APN: 5288-005-800 EDISON COMPANY BEING LICENSED TO CITY OF ROSEMEAD - 2APOPAN PARK FOR 20 APN: 5288-005-801 PARKS & PUBLIC RECREATION PURPOSES ONLY O APN: 5288-005-802 ® APPROXIMATE TOWER LOCATION ® APN: 5288-005-805 0 PP APPROXIMATE WOOD POLE LOCATION O5 APN: 5288-005-806 ACCESS ROAD © APN: 5288-005-804 0 100 200 400 SCALE IN FEET - CHAIN LINK FENCE ® BUILDING EXHIBIT "A" FACILITY NAME: GOULD — MESA 220 KV T/L R/W LICENSED AREA (GROSS) SQ.FT.: 294,667 AC.: 6.76 LICENSEE: CITY OF ROSEMEAD — ZAPOPAN PARK CONTRACT NO.: 9.4097 ACCOUNT NO.: L1614 CITY: ROSEMEAD COUNTY: LOS ANGELES STATE: CA I T.G.: 636/F2; 636/G2; 636/G1 I M.S.: 054-088 APN.(S): SEE APN LEGEND SCE DOCUMENT NO.: 25855/025; 26291/006; 56526/001 SCE SANDERS MAP: 533950 SCE LAND BOOK: N/A REF: 2015/9.4097.DWG SOUTHERN CAUFORNuA R.P. LAND AGENT: S. MISRA LANDBASE MAPPING: WESTLAND GROUP, INC. CHECKED BY: V. MUNOZ20 E M SO 'o ORDER NO.: 801167420 1 NOT. NO.: 202715217 1 DATE: 04/14/2021 FILE NAME: 9.4097.DWG A- RDISON/UMM77ONALOC®pmW 4/14/2021 2:24 PM, P:\YEAR_2021\2021-011 METRO LAND MANAGEMENT L&L - SCE - RYAN WADDEL\9.4097\MAPPING\9.4097.DWG SCE Doc. 25855, 26291 and 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) CITY OF ROSEMEAD - ZAPOPAN PARK 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. LICENSOR'S 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. INDUCED VOLTAGES Initial ( ° " ( )` f ' ) Licensor /Licensee I- 2015.15.05-26-V13-GS - JH SCE Doc. 25855, 26291 and 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) 37. NOTICES 38. RECORDING 39. COMPLETE AGREEMENT 40. SIGNATURE AUTHORITY APPENDIX GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS ADDENDUM(S) PARKING PARK USE POLELINE, PIPELINE OR UNDERGROUND CABLE TREES AND LANDSCAPING Initial �'I )/ Acensee Licensor / pz 2015.15.05-26-V13-GS - JH SCE Doc. 25855, 26291 and 56526 AIL Contract No. 9.4097 (Formerly Contract No. L1614) 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 — ZAPOPAN PARK, 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 a portion of Assessor's Parcel Numbers 5288- 005 -800, 5288- 005 -801, 5288- 005 -802, 5288- 005 -804, 5288 - 005 -805 and 5288- 005 -806, situated in the City of Rosemead, County of Los Angeles, State of California. SUBJECT TO: Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record. 1. Use: Licensee will use the Property for park and 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 July, 2016 and ending on the last day of June, 2021. 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 Thousand Six Hundred Eighteen and 28/100 Dollars ($1,618.28) upon the execution and delivery of this Agreement with subsequent annual payments. Payment to Licensor must be in the form of a check or money order payable to Southern California Edison Company. No cash payments will be accepted by Licensor. Payment schedule as follows: Term Year Due Yearly Amount Payment Due First Day Of First Year 2016 $1,618.28 July Second Year 2017 $1,666.83 July Third Year 2018 $1,716.83 July Fourth Year 2019 $1,768.34 July Fifth Year 2020 $1,821.39 July Initial) ) Licensor /9censee -3- 2015.15.05- 26- V13 -GS - JH SCE Doc. 25855, 26291 and 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) 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 full amount that was due on said date. To the extent a payment is not made within sixty (60) days, Licensor may increase the late fee to twenty percent (20 %) of the full amount that was due on the agreed upon date. 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 $1,000,000.00 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. Park and 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 37 "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, M Initial) 6 ) Licensor Picensee 2015.15.05- 26- V13 -GS - dH SCE Doc. 25855, 26291 and 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) 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, but not limited to, grading, lighting, landscaping, grounding, and irrigation 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 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 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 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 -5- Initial ) ) LicensorAcensce 2015.15.05- 26- V13 -GS -dH SCE Doc. 25855, 26291 and 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) 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. Parkin e : 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 -dogs 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 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. M Initial J Licensor icensee 2015.15.05- 26- V13 -GS - JH SCE Doc. 25855, 26291 and 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) 16. Fencing 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. Grounding plans must be prepared and stamped by a licensed electrical engineer and submitted 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 Licensee must contact Dig Alert prior to any underground installation. 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 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. 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 "late 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. Initial �) Licensor / censee -7- 2015.15.05-26-V13-GS - JH SCE Doc. 25855, 26291 and 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) 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, unless otherwise extended by Licensor at the sole and absolute discretion of the Licensor, 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 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, 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. Initial � see 2015.15.05- 26- V13 -GS -JH . SCE Doc. 25855, 26291 and 56526 Att. . Contract No. 9.4097 (Formerly Contract No. L1614) (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. 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. 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 License Agreement is executed subject to General Order No. 69 -C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, incorporated herein by this reference. As set forth in General Order 69 -C, this License is made conditional upon the right of the Licensor either on order of the Public Utilities Commission or on Grantor's own motion to resume the use of the property in question (including, but not limited to the removal of any obstructions) whenever, in the interest of Licensor's service to its patrons or consumers, it shall appear necessary or desirable to do so. Licensee agrees to comply with all applicable federal, state and local laws and regulations. This License Agreement should not be construed as a subordination of Licensor's rights, title and interest in and to its fee ownership, nor Initial ((` L )/` "-V L ) Licensor /L'censee 9- 2015.15.05- 26- V13 -GS -JH SCE Doc. 25855, 26291 and 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) should this License Agreement be construed as a waiver of any of the provisions contained in said License or a waiver of any costs of relocation of affected Licensor facilities. 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 ( "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 40 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 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. Induced Voltages Licensee hereby acknowledges that any structures (including, but not limited to, buildings, fences, light poles) that exist or may be constructed on the Property licensed herein, (hereinafter, the "Structures ") in close proximity to one or more high voltage (66 kilovolt or above) electric transmission lines and /or substation facilities may be susceptible to induced voltages, static voltages and /or related electric fault conditions (hereinafter collectively referred to as "Induced Voltages ") unless appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly mitigated, Induced Voltages can result in a variety of safety and /or nuisance conditions including, but not limited to, electric shocks or other injuries to individuals contacting the Structures or other utilities connected to the Structures (including, but not limited to, natural gas lines, water lines or cable television lines), or interference with or damage to sensitive electronic equipment located in or around the Structures. Appropriate measures to mitigate Induced Voltages, if required, will vary from case to case because of factors such as electric facility configuration and voltage, other utilities involved, or sensitivity of electronic equipment. Licensee will be responsible to determine what, if any, Induced Voltages mitigation measures should be undertaken regarding the Structures and to implement such mitigation measures at its sole cost and expense. Licensee agrees for itself and for its contractors, agents, licensees, invitees, and employees, to save harmless and indemnify Licensor, its parent, subsidiaries and affiliated entities and their respective officers and employees from and against any and all claims, loss, damage, actions, causes of action, expenses and /or liability arising from or growing out of loss or damage to property, including 10- Initial �- # ) _) Licensor /Licensee 2015.15.05 -26 -V 13 -GS - J11 SCE Doc. 25855, 26291 and 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) Licensor's own personal property, or injury to or death of persons, including employees of Licensor caused by or resulting from or connected to Induced Voltages on or related to the Structures. 37. 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 Department Land Management — Metro Region 2131 Walnut Grove Avenue Rosemead, CA 91770 To Licensee: City of Rosemead — Zapopan Park 8838 East Valley Boulevard Rosemead, CA 91770 Business Telephone No. (626) 403 -3338 Licensee will immediately notify Licensor of any address change. 38. Recording Licensee will not record this Agreement. 39. 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. 40. Signature Author tv : Each of the persons executing this Agreement warrants and represents that he or she has the full and complete authority to enter into this Agreement on behalf of the Party for which he or she is signing, and to bind said party to the agreements, covenants and terms contained herein. (this space left intentionally blank) 11- Initial �) / ) Licensor /L' ensee 2015.15.05-26-V13-GS - JH SCE Doc. 25855, 26291 and 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate. SOUTHERN CALIFORNIA EDISON COMPANY r By 2 ey l S / LICENSOR Date CHERI MCELROY Land Services Agent Land Management — Metro Region Real Properties Department CITY OF ROSEMEAD — ZAPCkAN PARK f / LICENSEE Date Print Name: Initial Licensor /Licensee -12- 2015.15.05- 26- V13 -GS - JH SCE Doc. 25855, 26291 and 56526 Aft. Contract No. 9.4097 (Formerly Contract No. L1614) 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 for to the start of any 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 parldng 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 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. 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. Intial Lcensor/L /(L�) censee -1- 2014.12,01Y11-GS - JH SCE Doc. 25855, 26291 and 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) (Definition: A simple, nonfammable, 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 (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 growing 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 Initial (�)/ �) Licensor /Licensee RM 2014.12.01_V1I -GS - JH SCE Doc. 25855, 26291 and 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) c. 100 foot radius around dead -end tower legs, H- Frames and poles 4. Sprinkler and drip irrigation controllers must be located at the edge of the right of way S. 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. may be considered on a case by case basis and must be approved in writing by Licensor TRAILERS (Definition: Removable / portable office modules are not permitted without Licensor's prior permission. Trailers must meet the following criteria to be considered: Trailers must meet the following criteria: a. Must have axles and wheel and be able to be moved at anytime b. Max mum 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" Initial Ose� lcensor /Licensee 3- 2014.12.01 VII -GS - JH SCE Doc. 25855, 26291 and 56526 Att. 3. Sewer or gas lines to trailers must be approved in writing by Licensor Contract No. 9.4097 (Formerly Contract No. L1614) 4. Location of all electrical and telephone lines must be approved in writing by Licensor 5. Electrical lines must be installed by a licensed - general contractor. 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 - general contractor 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. Parking spaces to be identified in accordance with the approved site plan. "No Parking" striping may be required in areas where additional clearance is required. MATERIAL STORAGE 1. In the event of an emergency, Licensee must immediately - 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. Initial () / Licensor /Licensee -4- 2014.12.01 Vll -GS -JH SCE Doc. 25855, 26291 and 56526 Art. ADDENDUM PARKING Contract No. 9.4097 (Formerly Contract No. L1614) A. Vehicles parked on the Property are limited to those owned by Licensee and its employees, invitees, customers and visitors. Licensee will not allow the storage, repairing or refueling of any vehicles on the property. B. Licensor only allows overflow parking. No portion of the Property will be used to satisfy the minimum parking requirements of any government agency. C. Licensee must obtain prior written approval from Licensor for any vehicle parking improvements and /or subsequent modification. Licensee will maintain parking improvements at all times in a safe condition satisfactory to Licensor. D. At any time, Licensor may require removal, modification, or relocation of any portion of the parking improvements. At Licensee's sole expense, Licensee will remove, modify, or relocate same to a location satisfactory to Licensor, within sixty (60) days after receiving notice to remove, modify, or relocate from Licensor. E. Parking will be permitted in designated areas only. Unless prior written approval is received from Licensor, no parking will be permitted under or within ten (10) feet of the "drip line" of Licensor's overhead electrical conductors. F. All parking spaces and parking improvements are to be identified on a site plan and submitted to Licensor to obtain prior written approval from Licensor. G. Bollards, K- rails, or "No Parking" striping may be required to protect Licensor's structures or in areas where additional clearance is required. H. The Licensee's parking area shall not interfere with the Licensor's minimum access road requirements. Initial ) / ( -Y t Licensor /Li nsee -1- 2014.12.01 V11 -GS -JH SCE Doc. 25855, 26291 and 56526 Att. ADDENDUM PARK USE Contract No. 9.4097 (Formerly Contract No. L1614) A. Licensee must obtain the prior written approval from Licensor for the installation of any improvements, including any subsequent modifications. Licensee will maintain all improvements in a safe condition satisfactory to Licensor. B. At any time, Licensor may require the removal, modification, or relocation of any portion of the improvements. Licensee will remove, modify, or relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to remove, modify, or relocate from Licensor. C. Licensee must submit, for Licensor's prior written approval, complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding, and irrigation plans, that identify all existing and proposed improvements. D. At Licensee's expense, Licensee will post signs at all access points to the Property that read: "No Kite Flying, Model Airplanes, unmanned aerial vehicles (UAV's or Drones), or Metallic Balloons Permitted, High Voltage Wires Overhead." E. 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." F. At Licensee's expense, Licensee will post signs at all access points of the Property that read: "Dogs are required to be on leash at all times." G. Licensee must close the park at any time Licensor deems it necessary for the safety of the general public or for maintenance of Licensor's facilities. 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. H. 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. 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 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. 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. Initial (L Licensor /L*erisce - 1 - 2014.12.01 V11 -GS -JH SCE Doc. 25855, 26291 and 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) ADDENDUM POLELINE, PIPELINE OR UNDERGROUND CABLE A. Licensee must obtain prior written approval from the 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 removal, modification, or relocation of any portion of the facility. Licensee will remove, modify, or relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to remove, modify, or relocate from Licensor. C. Licensee will construct, use, maintain, or remove interfere with the construction, use and maintem limited to, pipelines, underground cables, electric modifications. Licensee must place its facilities pipelines and underground cables. Licensee mus notice of the time and place of the commencer Property. facilities so as not to damage, endanger or mce of existing facilities, including but not or telephone lines, and /or any subsequent at safe distance under or from existing L give Licensor ten (10) days prior written Lent of any work to be performed on the D. Licensee must mark the location of all pipelines and underground cables with permanent markers. Licensee will maintain and repair the markers. E. Pipelines and underground cables must be constructed and made of materials sufficient and safe for their intended use. F. Pipelines must be constructed to withstand a pressure equal to at least one hundred and fifty percent (150 %) of its maximum operating pressure. All pipelines must be tested upon completion of construction. Licensee must give Licensor twenty -four (24) hours prior written notice of the time and place of testing and provide a copy of the test results upon request. G. No valves or controllers for the pipeline are allowed on the property. H. Licensee agrees that pole line, pipeline or underground cable shall be removed upon cancellation or termination of this Agreement. Licensee shall provide the following information on Pipelines to Licensor: 1. Material Safety Data Sheets (MSDS) for all oil products that have been moved in the pipeline. 2. Repair and replacement records. 3. Hydro Test Records. 4. Records on spills or releases. 5. Test results of the area beneath meter stations, valves, or other potential spill points for any area that has not always been over concrete. 6. Copies of correspondence with any state or local regulatory agency regarding the pipeline. Initial V) Licensor /Licensee -1- 09.09.2015 V10 -JH SCE Doc. 25855, 26291 and 56526 Art. TREES /LANDSCAPING ADDENDUM Contract No. 9.4097 (Formerly Contract No. L1614) A. 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. B. 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. C. 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. D. Periodically, the Property will be inspected by Licensor, and upon determination that any tree /vegetation requires trimming or removal, Licensee will be notified 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 contractor's expense; and Licensee may be subject to termination under the terms and conditions of the Permit .or License. E. Trees /vegetation must be slow growing and maintained by Licensee to not exceed fifteen (15) feet in height. F. Failure by Licensee to maintain all permit or license clearance requirements will require removal at Licensee's expense. G. 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. H. 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. I. Licensee will keep the Property clean, free from weeds, rubbish and debris, and in a condition satisfactory to Licensor. J. 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. Initial ii )AN Licensor /Licensee -1- 09.09.2015 V10 -JH TRACT No 10991 f M.B. 194/16 -- 19 el i i I i�1s3; Full TRACT N0, 3706 M.B. 40/39 GARVEY o AVE E _T ll m C d A FT LEGEND O LANDS OF SOUTHERN CALIFORNIA EDISON COMPANY BEING LICENSED TO CITY OF ROSEMEAD — ZAPOPAN PARK FOR PARK & PUBLIC RECREA77ON PURPOSES ® APPROXIMATE TOWER LOCATION NOTE THE FOLLOWING LICENSED AREA (GROSS) CLEARANCES MUST BE 294,682 MAINTAINED AT ALL TIMES; LICENSEE: CITY OF ROSEMEAD— o) A 50 —FOOT RADIUS - AROUND SUSPENSION TOWER LEGS H— FRAMES CITY: ROSEMEAD & 100 —FOOT RADIUS COUNTY: LOS ANGELES AROUND DEAD —END 0 100 200 400 TOWER LEGS. I M.S.: 054 -088 APN.(S): SEE APN TABLE SCALE IN FEET b) A 25 —FOOT RADIUS 26291/006, 56526/001 AROUND ALL OTHER POLES. /� EXHIBIT " A " FACILITY NAME: GOULD —MESA 22OKV T/L R/W LICENSED AREA (GROSS) SQ.FT.: 294,682 1 AC.: 6.78 LICENSEE: CITY OF ROSEMEAD— ZAPOPAN PARK - CONTRACT NO.: 9.4097 1 ACCOUNT NO.: L1614 CITY: ROSEMEAD COUNTY: LOS ANGELES STATE: CA I T.G.: 636/G2 I M.S.: 054 -088 APN.(S): SEE APN TABLE SCE DOCUMENT NO.: 25855/025, 26291/006, 56526/001 SCE SANDERS MAP: 533950 SCE LAND BOOK: N/A REF: N/A SOMERN CAMFORNIA R.P. LAND AGENT: CM LANDBASE MAPPING: RF CHECKED BY: EH [EMSON ORDER NO.: 801167420 1 NOT. NO.: 202715217 DATE: 12/01/2015 FILE NAME: 9.4O97.DWG M 5UL40NLVnWNAn0NAL*C.®pq I � o 50 - WHITMORE ST. Q' C T -- �1 -T I cQ ST. 12/10/2015 12:13 PM. A: \ERHIBIT MAP_LlCENSE\2015 \9.4097_ClTY OF ROSEMEAD- ZAPOPAN PARK\ACAD 2012 \9.4097.DWG SCE Doc. 25855 and 56526 Art. (Formerly Contract No. L1614) 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 1- 2013 07 30_V 10 Initial) /) ) ensor /Licensee SCE Doc. 25855 and 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) 37. RECORDING 38. COMPLETE AGREEMENT APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS ADDENDUM(S) PARK USE TREES /LANDSCAPING PARKING INDUCED VOLTAGES Initial ensor /Licensee 2- 2013.0730 Vlo SCE Doc. 25855 and 56526 Art. Contract No. 9.4097 (Formerly Contract No. L1614) 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 6 acres, situated in the City of Rosemead, County of Los Angeles, State of California, described as follows: All of Parcel 32 and those portions of Parcels 31 and 33 as same are shown on a Licensed Surveyor's Map of property owned by Southern California Edison Company Ltd., filed in Book 30, Pages 16 to 20, inclusive, of Records of Surveys, in the Office of the County Recorder of said County, more particularly shown on the map attached hereto, 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. 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 July, 2011 and ending on the last day of June, 2016. 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 Four Thousand Three Hundred Fourteen74 and 78/ 100 Dollars ($4,314.74) upon the execution and delivery of this Agreement with subsequent annual payments. Payment schedule as follows: -3- 2013.07.3o_vle niti�) ' en or /Lrcens e SCE Doc. 25855 and 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) Tenn Year Due Yearly Amount Payment Due First Day Of First Year 2011 $1,395.95 Paid upon execution Second Year 2012 $1,437.83 Paid upon execution Third Year 2013 $1,480.96 Paid upon execution Fourth Year 2014 $1,525.39 July Fifth Year 2015 $1,571.15 July 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 Once Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting Department - Accounts Receivable. 4. Insurance: During the term of this Agreement, Licensee shall maintain the following insurance: (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 public recreation use is an approved Secondary Use Category; Licensee may submit written verification of self - insurance to meet the above insurance requirements. Initi 'G ) r/ /Licensee ensee 7 Ire 2013 07,30 vl0 SCE Doc. 25855 and 56526 Art. Contract No. 9.4097 (Formerly Contract No. L1614) 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 Properri: 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 to maintain minimum clearances from all overhead electrical conductors as designated in the table below: -5- 2013,07 30_V1 0 Init / /Li ense SCE Doc. 25855 and 56526 Art. Contract No. 9.4097 (Formerly Contract No. L1614) 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. 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. Weeds, Brush, Rubbish and Debris (Weed Abatement): Licensee will keep the Property clean 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 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. niti� -1 censor /Licensee 6- 2013,00.30_V t0 SCE Doc. 25855 and 56526 Art. Contract No. 9.4097 (Formerly Contract No. L1614) 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. Signs: 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. Few: 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 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. 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 Initial L ensor /L ceps .7. 2013.07.30_V 10 SCE Doc. 25855 and 56526 Art. Contract No. 9.4097 (Formerly Contract No. L1614) 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. 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. 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 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. 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, Initial ) ensorjl, ensee g_ 2013.07 30_VI 0 SCE Doc. 25855 and 56526 Att. Contract No 9.4097 (Formerly Contract No. L1614) 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, Licensor shall refund any previously collected /pre -paid License fees covering the unused portion of the remaining tear. 29. Events of Default: The occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee: (a) An} 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. (I) Any attempt to exclude Licensor from the licensed premises. (g) The mating 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) Anv 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 1 Initi) /) censor /Licensee -9- 2013.07 .30_V l O SCE Doc. 25855 and 56526 .Art. Contract No. 9.4097 (Formerly Contract No. L1614) 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. 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 Licensors consent to or approval of any subsequent act by Licensee. 33. 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. 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 ( "EMF "I: 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: Initial{(( t ensor/ ce e 10- 2013 09.30_V l D SCE Doc. 25855 and 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) 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 g}. �I LICENSOR Date JOHN DAVIS Land Services Agent Land Management- Metro Region Real Properties Department CITY OF ROSEMEAD By 4ali (/ V l t Date LICENSEE e' Print Name: c/ C- Initia� O It- 2013.07 30 V 10 SCE Doc. 25855 and 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) 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" propertu. 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 parldng 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 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. Shade structures must utilize the following design: a. Temporary/ slip joint construction only It. 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. - 1 - 2013 07,30 V10 Initial s e censor/ ens e SCE Doc. 25855 and 56526 Art. Contract No 9.4097 (Formerly Contract No. L1614) SHADEHOUSES /HOTHOUSES (Definition: A simple, non-flammable, enclosed structure designed to control temperature without the benefit of heating and /or air conditioning units to aid in propagating and /or grouting 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 growing 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 VIO niti (t' ensor/ �;ice44ffskkee SCE Doc. 25855 and 56526 Air. Contract No. 9.4097 (Formerly Contract No. L1614) 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 I. 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 /Definifio¢ Removable / portable office modules are not permitted unthout Licensor's prior permission. Trailers must meet the following critena 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 a 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- 2013.0730 vnl Initi Jiiensor/ I ns SCE Doc. 25855 and 56526 All, Contract No. 9.4097 (Formerly Contract No. L1614) 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 5. 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 specked 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 -toot 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. Initial ensorAn 4- 2013.07.30_VlD SCE Doc. 25855 and 56526 Art. Contract No. 9.4097 (Formerly Contract No. L1614) 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 notified 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 ensor /C ensee SCE Doc. 25855 and 56526 AM Contract No. 9.4097 (Formerly Contract No. L1614) 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 comers 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. I- 2013,07 30_V1 0 Initial nso see cer/ lcense SCE Doc. 25855 and 56526 Ant. Contract No. 9.4097 (Formerly Contract No. L1614) ADDENDUM INDUCED VOLTAGES A. Licensee hereby acknowledges that any structures (including, but not limited to buildings, fences, light poles) it may construct or erect under the terms of this License will be in close proximity to one or more high voltage (66 kilovolt or above) electric transmission lines and /or substation facilities. Such structures ( "Structures ") may be susceptible to induced voltages, static voltages and /or related electric fault conditions (hereinafter collectively referred to as `Induced Voltages ") unless appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly mitigated, Induced Voltages can result in a variety of safety and /or nuisance conditions including, but not limited to, electric shocks or other injury to individuals contacting the Structures or other utilities connected to the Structures (including, but not limited to, natural gas lines, water lines or cable television lines, or interference with or damage to sensitive electronic equipment located in or around the Structures. Appropriate measures to mitigate Induced Voltages, if required, will vary from case to case because of factors such as electric facility configuration and voltage, other utilities involved, or sensitivity of electronic equipment. Licensee will be responsible to determine what, if any, Induced Voltages mitigation measures should be undertaken regarding the Structures and to implement such mitigation measures at its sole cost and expense. B. Licensee agrees for itself and for its contractors, agents, licensees, invitees, and employees, to save harmless and indemnify Licensor, its parent, subsidiaries, and affiliated entities and their respective officers and employees from and against any and all claims, loss, damage, actions, causes of action, expenses and /or liability arising from or growing out of loss or damage to property, including Licensor's own personal property, or injury to or death of persons, including employees of Licensor caused by or resulting from or connected to Induced Voltages on or related to the Structures. 1- 2013- 07,30_V10 Initi 0 e�) ensor/ L ces SCE Doc. 25855 and 56526 Att. Contract No. 9.4097 (Formerly Contract No. L1614) ADDENDUM PARKING A. Vehicles parked on the Property are limited to those owned by Licensee and its employees, invitees, customers and visitors. Licensee will not allow the storage, repairing or refueling of any vehicles on the property. B. No portion of the Property will be used to satisfy the minimum parking requirements of any government agency. C. Licensee must obtain prior written approval from Licensor for any vehicle parking improvements and /or subsequent modification. Licensee will maintain parking improvements at all times in a safe condition satisfactory to Licensor. D. Parking will be permitted in designated areas only. No parking will be permitted under or within ten feet of the "drip line" of Licensor's overhead electric conductors. E. At any time, Licensor may require the relocation of any portion of the parking improvements. Licensee will relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to relocate from Licensor. -1- 2013.07.30 V 10 Iritia���) censor/ ices ee SCE Doc. 108272 and 307751 Alt. Contract No. 9.2315 (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. LICENSER'S 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 Initia-!7-)A ( /fns ) ensee 1- 2013.07.30_V 10 SCE Doc. 108272 and 307751 Att. 37. RECORDING 38. COMPLETE AGREEMENT APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS PARK USE TREES /LANDSCAPING 2013.07.30_V10 Contract No. 9.2315 (Formerly Contract No. 1,1212) Initiaeen—sorj/ icensee 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 Klingerman Street, 60 feet wide, as described in that certain easement to the County of Los Angeles, filed as Document No. 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 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. -3- 2013.07.30_V 10 Initi / ! ) censor/ icensee 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 First Day Of First Year 2014 $100.00 January Second Year 2015 $100.00 January Third Year 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 (ill) 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 aself- insurance program reasonably satisfactory to Licensor. P sand/ Initi ) ensor /L censee -4- 2013.07.30_V10 SCE Doc. 108272 and 307751 Att. 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 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 be removed by Licensee without Licensor's written consent until Licensee has cured such default, and Licensor shall have alien 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. Heieht 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 Initia ensoAicens -5- 2013.07.30_V10 SCE Doc. 108272 and 307751 Att. 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. Parkin e: 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 Initial e -6- 2013.07.30_V10 SCE Doc. 108272 and 307751 Att. 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. Signs: 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. Fencing: 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 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. Ix1iti V censor /Lil, icensee -7- 2013.07.30_V10 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 "late 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, Initial Lj JLcensor/ Licensee -8- 2013.07.30_V10. 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. (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. 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. M 2013.07.30_V10 Initi licensor /Licensee 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 ( "EMF "l: 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 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 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- 2013.07.30_V10 Initial / ) ensor / Licensee SCE Doc. 108272 and 307751 Att. 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. Contract No. 9.2315 (Formerly Contract No. L1212) 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 JOHN DAVIS Land Services Agent Land Management - Metro Region Real Properties Department CITY OF ROSEMEAD By LICENSEE Date Print Name: I GY Initial Licensor/ censee -11- 2013.07.30_V10 SCE Doc. 108272 and 307751 Att. 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" propertu. 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 parldng 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 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. 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. Initial ensor#censee -1- 2013.07.30_V10 SCE Doc. 108272 and 307751 Att. Contract No. 9.2315 (Formerly Contract No. L1212) SHADEHOUSES /HOTHOUSES (Definition: A simple, non flammable, 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 (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 grounng 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_V10 Initial ensor /Licensee 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 not permitted without Licensor's prior permission. Trailers must meet the following criteria 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" Initi censor /L censee -3- 2013.07.30_V10 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. Initi / `' jiiceRor/Licensee -4- 2013.07.30_V10 SCE Doc. 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 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. Initi censor/ icensee -1- 2013.07.30_V 10 SCE Doc. 108272 and 307751 Att. ADDENDUM TREES / LANDSCAPING Contract No. 9.2315 (Formerly Contract No. L1212) 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 notified 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. Initial /( ..Or/ Licensee -1- 2013.07.30_V10 SOUTHERN CALIFORNIA EDISONO An EDISON IN'fh'RNATIONAL® Company September 5, 2012 David Montgomery-Scott City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 SUBJECT: Request for a Fitness Zone at Zapopan Park Facility: GOULD -MESA T/L RIW Location: N/O Garvey Avenue in Rosemead Account: 9.4097/1-1614 Dear Mr. Montgomery- Scott: Alejandro Ramirez Real Properties Department Alelandro,Ramirez@sce.com Via email and First Class mail Your request for a Fitness Zone at Zapopan Park has been approved with the following conditions as shown in the enclosed Exhibit A: The Fitness Zone shall be installed a minimum of 70 feet from the nearest 66kv tower footing. The Fitness Zone remains a minimum of 15 feet out from underneath the Eagle -Rock 220kv conductor. The maximum size of the Fitness Zone remains at 20 feet by 70 feet. All metal surfaces must be properly grounded. Please ensure that these conditions are met at all times. Should you have any questions, please contact me at (626) 302 -4160 or via email at Alejandro. Ram irez @sce.com. Sincerely, ALEJANDRO RAMIREZ Right of Way Agent Real Properties Enclosure cc: Marissa Castro - Salvati, Local Public Affairs 2131 Walnut Grove Avenue Rosemead, CA 91770 Direct (626) 302 -4160 Fax (626) 302 -4169 Property No. PLGME636G21 Account No. 1614 LICENSE AGREEMENT THIS AGREEMENT, made as of the - day of �1 Cl ti _, 20 6V, between SOUTHERN CALIFORNIA EDISON COMPANY.(SCE), a corporation or nzed under the laws of the State of California, hereinafter called "Licensor ", and CITY OF ROSE. AD 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 reinafter set forth. specified, upon and subject to the terms, reservations, covenants and conditions he _ . The subject Property is located in the City of Rosemead, County of Los Angeles, State of California further described as follows: All of Parcel 32 and those portions of 31 and 33 as same are shown on a licensed Surveyor's Map of Property owned by Southern California Edison Company" Ltd., filed in book 30, pages 16 to 20, inclusive, of Records of Surveys, in the office of the County Recorder of said County, more particularly shown on the map attached hereto, 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: 1. Use: Licensee will use the Property for parks and /or public recreation purposes only. Licensor makes no representation, covenant, warrant), or promise that the Property is fit for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee's failure to make such use of the Property as determined by the Licensor in its sole discretion, will be grounds for immediate termination of this Agreement in accordance with Article 28. 2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of five (5) years commencing on the first day of July, 2006 and ending on the last dap of June, 2011. 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 Thousand Three Hundred Fifty Five and 00 /100 Dollars ($1,355.00) upon the execution and delivery of this Agreement for the first year; Term Year Due Yearly Amount Payment Due First Da Of First Year 2006 1,355.00 July Second Year 2007 1,355.00 July Third Year 2008 1,355.00 July Fourth Year 2009 1,355.00 July Fifth Year 2010 1,355.00 July -1- • • 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 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 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 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 -2- 0 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. Heieht 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 7foot radius around tower legs. 10. Parkin : 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- 9 0 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. Fencin : 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 anv 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, inhere 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 substantialIv all of Licensee's assets located on the Property or of Licensee's privileges hereunder inhere 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 a 9 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. Licensoi s consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licenser'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. Attornevs' 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 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 SSE 0 To Licensee: City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 Business Telephone Number: (6261288-6671 Licensee will immediately notify Licensor of any address change. 36. Recording: Licensee will not record this Agreement. • 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.. SOUTHERN CALIFORNIA EDISON COMPANY By Ck lJll L CENSOR CHRISTINA M. NUANEZ Right of Way Agent Real Estate Operations Corporate Real Estate Department CITY OF ROSE M D By LICENSEE Print Name: G I 7a 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 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 S 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- • • ADDENDUM PARKING A. Vehicles parked on the Property are limited to those owned by Licensee and its employees, invitees, customers and visitors. Licensee will not allow the storage, repairing or refueling of any vehicles on the property. B. No portion of the Property will be used to satisfy the minimum parking requirements of any government agency. C. Licensee must obtain prior written approval from Licensor for any vehicle parking improvements and /or subsequent modification. Licensee will maintain parking improvements at all times in a safe condition satisfactory to Licensor. D. Parking will be permitted in designated areas only. No parking will be permitted under or within ten feet of the "drip line" of Licensor's overhead electric conductors. E. At any time, Licensor may require the relocation of any portion of the parking improvements. Licensee will relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to relocate from Licensor. Licensee's Initials 1- ADDENDUM INDUCED VOLTAGES A. Licensee hereby acknowledges that any structures (including, but not limited to buildings, fences, light poles) it may construct or erect under the terms of this License will be in close proximity to one or more high voltage (66 kilovolt or above) electric transmission lines and /or substation facilities. Such structures ( "Structures ") may be susceptible to induced voltages, static voltages and /or related electric fault conditions (hereinafter collectively referred to as "Induced Voltages ") unless appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly mitigated, Induced Voltages can result in a variety of safety and /or nuisance conditions including, but not limited to, electric shocks or other injury to individuals contacting the Structures or other utilities connected to the Structures (including, but not limited to, natural gas lines, water lines or cable television lines), or interference with or damage to sensitive electronic equipment located in or around the Structures. Appropriate• measures to mitigate Induced Voltages, if required, will vary from case to case because of factors such as electric facility configuration and voltage, other utilities involved, or sensitivity of electronic equipment. Licensee will be responsible to determine what, if any, Induced Voltages mitigation measures should be undertaken regarding the Structures and to implement such mitigation measures at its sole cost and expense. B. Licensee agrees for itself and for its contractors, agents, licensees, invitees, and employees, to save harmless and indemnify SCE, its parent, subsidiaries, and affiliated entities and their respective officers and employees from and against any and all claims, loss, damage, actions, causes of action, expenses and /or liability arising from or growing out of loss or damage to property, including SCE's own personal property, or injury, to or death of persons, including employees of SCE caused by or resulting from or connected to Induced Voltages on or related to the Structures- Licensee's Initials -2- 0 File Name: PLGME636G21.DAG TRACT ------------- GQ, NO.10991 . a MB —19 W --- e e o m 2° I o 41 . N7ETMORE 2 ST ry 50' ZAPOPAN - - - - - -- 5" so' � an PAW u — - - - -_— PARK ST /� C7 --J-- - -- 0 i � tiF I 141 I I I f- I -- — I I lol lol W � I�I p I I E' 62' GAR1i7 AVE LEGEND. LANDS OF SOUTHERN CALIFORNIA EDISON COMPANY BEING LICENSED TO CITY OF ROSEMEAD ® APPROXIMATE TOWER LOCATION (25' CLEARANCE) 0 100 2DO 400 • APPROXIMATE WOOD POLE LOCATION (10' CLEARANCE) SCALE IN FEET TOTAL AREA(GROSS) I SQ.FT. 295,406 Ac. s.7s EXHIBIT "A" FACILITY NAME: GOVLD - MESA 220KV T/L R/W P.I.D. NO. 5012102 ,I.O. — JAMIN ID: REC -10908 LICENSEE: CITY OF ROSEMEAD CITY: ROSEMEAD T.C.: 636G7_ PROPERTY NO.: PLGME630G21 R/P AGENT: DEBRA HOLLEY COUNTY: LOS ANGELES STATE: CAA, LAND MAPPING: P. VANCKRIS ACCOUNT NO.: 1614 s0! *-,nury C%L11(1R111 SANDERS MAP NO.. 533950 OTHER REF.: ASS'R 5288 -5 ; LS 30/20 1 ntwan E D I S O 1 w M.S.: 54 -88 1 DATE: 05/17/99 — t EN.- 1,:1.1 ...... - .r.,.,,,� „, File Name: PLGME636G21.DAG 0 • RP File No. P86s055 -1 -22 Property No. PLGME636G21 Account No. 1614 LICENSE AGREEMENT THIS AGREEMENT, made as of the 23`d day of April 20 03 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: All of Parcel 32 and those portions of 31 and 33 as same are shown on a licensed Surveyor's Map of Property owned by Southern California Edison Company Ltd., filed in book 30, pages 16 to 20, inclusive, of Records of Surveys, in the office of the County Recorder of said County, more particularly shown on the map attached hereto, marked EXHIBIT "A ", and by this reference made a part hereof. The hereinabove described licensed property is shown on the print attached hereto, marked Exhibit "A ", said print being for information purposes only SUBJECT TO: Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record : 1. Use: Licensee will use the Property for Park and automobile parking 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 three (3) years commencing on the first day of July, 2003 and ending on the last day of June, 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 One Thousand Three Hundred Fifty-Five and 00 /100 Dollars ($1,355.00) upon the execution and delivery of this Agreement for the fast year; One Thousand Three Hundred Fifty-Five and 00 /100 Dollars for each succeeding year of the Agreement term. 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 on all amounts outstanding. 4. Insurance: During the term of this Agreement, Licensee shall maintain the following insurance: (a) Workers' Compensation with statutory limits, in accordance with the laws of the State of California 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. ee 9 0 (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) he 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 (it) 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. 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. Al any time, Licensee may be required (o 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 saute from the Property at any time prior to the expiration or earlier termination of this Agreement; provided, however, (hat 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 (o the extent thereof. 8. Heiahl 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) feel. 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 mininwm 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 25- foot -radius around all tower legs. b. A 10- fool - radius around all steel and wood poles. -2- 0 0 NOTE: Additional clearance shall he required for structures and other material improvements. 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 Properly 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, slate, county and local laws. All horticulture Licensees are required to provide a copy of the annual License for Pest Exclusion /Nursery Program from the State of California, Department of Food and Agriculture. 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 Icaks of, spills of, and /or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term, and are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee. 14. Signs: Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. 15. Fencing: Licensee may install fencing on the Property with prior written approval from Licensor. Such fencing will include double drive gates, a minimum of sixteen (16) feet in width, designed to accommodate Licensor's locks. in locations specified by Licensor. Licensee will ground and maintain all fencing. 16. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to the Property free of weeds and trash. Licensee will maintain parkways and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor. 17. Irrigation Equipment: Any irrigation equipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment and other structures, is the property of Licensor and will remain on and be surrendered with the Property upon termination of this Agreement. Licensee will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense. 18. Underground Tanks: Licensee will not install underground or above- ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval. 19. Underground Facilities: Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three -axle vehicle. Licensee will compact any earth to a compaction of ninety percent (90 %). Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities. 20. Utilities: Licensee will pay all charges and assessments for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property. -3- 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 m 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. Assisnments: 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. Governine 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 mnployces 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 (indemnify 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. (c) A failure by Licensee to observe and perform any other provision of this Agreement to be observed in performed by Licensee, where such failure continues for the time period specified in a written notice thereof by Licensor to Licensee. M (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 he deemed a waiver of any other provision hereof or of any subsequent breach by Licensee of the same or any other provision. Licensoe's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licensors 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 heeof. 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 Maenetic 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. 162 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 respect to your planned use of this property. 35. Notices: All notices required to be given by either party will he 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 1351 E. Francis St. Ontario CA 91761 To Licensee: City of Rosemead 883 E.Valley Boulevard P.O. Box 399 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. 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. dh M SOUTHERN MA DEBRA E. HOLLEY Right of Way Agent Real Estate Operations Corporate Real Estate CITY OF ROSEMEAD Print Name: LICENSEE FIRM 5D• r— PARK 0 ff$N 19 ' g GARVEY i • ev N0.109 MB 194116 -19 - - - --J - -- -- o 4WMMORE R 3T POPAN so PAW, ST u T------- I 141 I 1 I 1 I I ICI I�t I i •i < i b�\ AVE LEGEND. LANDS OF SOUTHERN CALIFORNIA N COMPANY u BEING LICENSED TO CITY OFF ROSEMEAD ^O ® APPROXIMATE TOWER LOCATION (25' CLEARANCE) • APPROXIMATE WOOD POLE LOCATION (10' CLEARANCE) SCALE IN FEET EXHIBIT 99 A 99 50• TOTAL AREA(GROSS) SO.FT. 295,405 I i •i < i b�\ AVE LEGEND. LANDS OF SOUTHERN CALIFORNIA N COMPANY u BEING LICENSED TO CITY OFF ROSEMEAD 0 100 200 400 ® APPROXIMATE TOWER LOCATION (25' CLEARANCE) • APPROXIMATE WOOD POLE LOCATION (10' CLEARANCE) SCALE IN FEET EXHIBIT 99 A 99 TOTAL AREA(GROSS) SO.FT. 295,405 AC. 6.78 GOULD - MESA 220KV T/L R/W P.I.D. NO. 5012102 J.O. – JAMIN ID::••lREO -1090E PACILITY NAME: CITY: ROSEMEAD T.G.: 636G2 LICENSEE; CITY OF ROSEMEAD R/P AGENT: DEBRA HOLLEY COUNTY: LOS ANGELES STATE: CA PROPERTY NO.: PLGAIE636G21 '011011""p1c °���' LAND MAPPING: P. VANEKRIS ACCOUNT NO.: 1614 - MISON SANDERS MAP NO.: 533950 OTHER REF.: ASS'R 5288 -5 : LS 30/20 �„;,.,. ,.:, �:. ,,,,. „ . ,..m.,,,• M.S.: 54 -88 r DATE: 05/17/99 File Nome: PLGME636G21.DWG 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 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. At Licensee's expense, Licensee will provide fencing or trespass discouragers on Licensor's lowers. 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 -I- 0 ADDENDUM PARKING A. Vehicles parked on the Property are limited to those owned by Licensee and its employees, invitees, customers and visitors. Licensee will not allow the storage, repairing or refueling of any vehicles on the property. B. No portion of the Property will he used to satisfy the minimum parking requirements of any government agency. C. Licensee must obtain prior written approval from Licensor for any vehicle parking improvements and /or subsequent modification. Licensee will maintain parking improvements at all times in a safe condition satisfactory to Licensor. D. Parking will be permitted in designated areas only. No parking will be permitted under or within ten feet of the "drip line" of Licenser's overhead electric conductors. E. At any time, Licensor may require the relocation of any portion of the parking improvements. Licensee will relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to relocate from Licensor. Licensee's Initials -2- 0 0 S� 14 D WALLIN. KRESS. REISMAN & KRANITZ LAW OFFICES 2800 TWENTY - EIGHTH STREET, SUITE 315 SANTA MONICA, CALIFORNIA 90405 -6205 TELEPHONE (310) 450 -9582 FACSIMILE (310) 450 -0506 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ATTORNEYAOL-_ RE: ZAPOPAN PARK LEASE WITH SOUTHERN CALIFORNIA EDISON DATE: JUNE 16, 2003 As the Council is aware, Zapopan Park is located on Southern California Edison property. The City leases the land from Edison for $1,355.00 per year. Edison has submitted a renewal license agreement that provides for a three year term, commencing July 1, 2003. I have reviewed and approved the form of the lease. RECOMMENDATION: That the City Council approve the License Agreement with Southern California Edison and authorize the Mayor to execute the agreement on behalf of the City. COUNCIL AGENDA JUN 24 2003 ITEM No. JJ2- CITY OF ROSEMEAD RP File No. P86S055 -1 -22 Property No. PLGME636G21 Account No. 1614 L I C E N S E A G R E E M E N T INDEX I. USE 2. TERM 3. CONSIDERATION 4. INSURANCE 5 LICENSER'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 F F L E P Y) RP File No. P86s055 -1 -22 Property No. PLGME636G21 Account No. 1614 LICENSE .AGREEMENT THIS AGREEMENT. made as of the 22`d day of .April 20 03. between SOUTHERN CALIFORNLA EDISON COMPANY (SCE). a corporation organized under the laws of the Stage of California. hereinafter called "Licensor ". and CITY OF ROSEME.AD 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 pan 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: All of Parcel 32 and those portions of 31 and 33 as same are shown on a licensed Surveyor's Map of Property owned by Southern California Edison Company Ltd.. filed in book 30. pages 16 to 20; inclusive, of Records of Survevs, in the office of the Countv Recorder of said County, more particularly shown on the map attached hereto. marked EXHIBIT "A ". and by this reference made a pan hereof. - The hereinabove described licensed property is shown on the print attached hereto. marked Exhibit "A ", said print being for information purposes only. SUBJECT TO: Covenants, conditions. restrictions, reservations, exceptions, rights and easements; whether or not of record : 1. Use: Licensee will use the Property for Park and automobile parking 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 representatiom 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 three (3) years commencing on the first day of July, 2003 and ending on the last day of June. 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 One Thousand Three Hundred Fifty -Five and 00 /100 Dollars ($1,355.00) upon the execution and delivery of this Agreement for the first year; One Thousand Three Hundred Fifty -Five and 00 /100 Dollars for each succeeding year of the Agreement term. All payments 'subsequent to the initial pavment 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 agieed upon due date will be charged a late fee on all amounts outstanding. 4. Insurance: During the term of this Agreement. Licensee shall maintain the following insurance: (a) Workers' Compensation with statutory limits, in accordance with the laws'of the State of California 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. lea M 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 proposes 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 emplovees 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 thirtv days prior written notice to 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 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 mininmm 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 from Licensor. Licensor is not required, at any time, to make anv improvements, alterations, changes or additions of any nature whatsoever to the Properh< 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 m 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. S. Height Limitations: Any equipment used by Licensee m 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 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 25- foot - radius around all tower legs. b. A 10- foot - radius around all steel and wood poles. -2- 1 0 NOTE: Additional clearance shall be required for structures and other material improvements. 10. Parking: Licensee will not park, store, repair or refuel any motor vehicles or allow parking. storage, repairing or refueling of any motor vehicles on the Property unless specifically approved in writing by Licensor. 11. Flammahles. Waste and Nuisances: Licensee will not, nor allow others to, place or store anv 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 anv 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. All horticulture Licensees are required to provide a copy of the annual License for Pest Exclusion/Nursery Program from the State of California, Department of Food and Agriculture. 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. Si=ns: 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 Eouiomene 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 ally and all applicable laws or regulations, without Licensor's prior written approval. 19. Underground Facilities: Any undergound 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 %n). Licensee will relocate its facilities at its own expense so as not to interfere with Licensors 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. 9911 0 0 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 clue, Licensor will have the right to pay the same and charge the mumount to the Licensee. All accounts not paid within 30 clays 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 part\. 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 sweets 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, h'om 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 m 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. -4- (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 staved 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 Gom.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 othei . 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. 1955, 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 fecilitics. 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 specificc 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. -5- 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 iespect 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 Stetes mail, first class, postage prepaid, addressed as follows: To Licensor: Southern California Edison Company Corporate Real Estate Department Real Estate Operations Division 1351 E. Francis St. Ontario CA 91761 To Licensee: City of Rosemead 883 E.Valley Boulevard P.O. Box 399 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. 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. dh M SOUTHERN CALIE9RNIA ENN50YCOMPANY DEBRA E. HOLLEY Right of Way Agent Real Estate Operations Corporate Real Estate CITY OF ROSEMEAD Print Name: LICENSEE �I so, TRACT PARR T I 0 C e 'o'er GARVEY W 0.1 < N04 °1 F MB 194116 -19 y W 2� I I A'tII77[ORE $ ST < N ZA?OPAN so' . ST cn T------- {4.1 I F-- — I I I 1 { I 2li - -- IoJ ® 1 L-- - - -- a0� A 4E Bc LEGEND: LANDS OF SOUTHERN CAJFORNIA EDISON COMPANY ' I ,J BEING JCENScD TO CITY OF ROSEMEAD 0 100 200 400 '® APPROXIMATE TOWER LOCATION (25' CLEARANCE) SCALE IN rEET • APPROXIMATE WOOD POLE LOCATION (10' CLEARANCE) $,� E��H�P IBIT "A" TOTAL AREA(GROSS) SQ.FT. 295,408 AC. 6.76 JAMIN ID: REO -10903 FACILITY NAME: GOULD - MESA 220KV T/L R/W P.I.D. NO. 5012102 1 J.O. — T.G.: 635G2 CITY: ROSEMEAD I LBCENSEE: CITY OF ROSEMEAD R/P AGENT: DEBRA HOI.LEY COUNTY: LOS ANGELES =STATE: CA PROPE9TY RO. : PLG9fiE6'�14G21 �i n'i arum uwuulia LAUD MAPPING: P. VANEKRIS ACCOUNT NO.: 1514 ED€SQN SANDERS MAP NO 533950 OTHER REF.: ASS'R 5266 -5 LS 30/20 DATE: 05/17/99 M.S.: 54 -63 File Name: PLGME636G21 AYfG 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 Licensees 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 Licensot 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. 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 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 -I- ADDENDUM PARKING is A. Vehicles parked on the Property are limited to those owned by Licensee and its employees. invitees. customers and visitors. Licensee will not allow the storage, repairing or refueling of any vehicles on the property. . B. No portion of the Properly will be used to satisfy the minimum parking requirements of any government agency. C. Licensee must obtain prior written approval from Licensor for amp vehicle parking improvements and /or subsequent modification. Licensee will maintain parking improvements at all times in a safe condition satisfactory to Licensor. D. Parking will be permitted in designated areas only. No parking will be permitted under or within ten feet of the "drip line" of Licenser's overhead electric conductors. - E. At anv time. Licensor may require the relocation of any portion of the parking improvements. Licensee will relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to relocate from Licensor. Licensee's Initials -2- 0 0 TO: FROM: DATE: RE: 0 FRANK G. TRIPEPI, CITY MANAGER MICHAEL D. BURBANK, DIRECTOR OF PARKS JULY 7, 1999 E AND RECREATIO(?E RENEWAL OF LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY - ZAPOPAN PARK Attached for review and consideration is the License Agreement with Southern California Edison Company for Zapopan Park. It should be noted that on page 1, item (2) has the starting date as July, 1998. The lapse in time was due to lengthy negotiations over Edison Company wanting all the trees under their transmission lines to be trimmed to 15 feet. For the majority of trees at Zapopan Park that requirement would not work because all we would have left would be "poles ". The up -shot was, that after several months of discussions and attempts to trim the trees Edison Company would not accept anything less than their standard 15' height requirement and eventually we had to remove the trees. We intend to replant them with a specie that has a low growing head. This agreement is for a five (5) year period commencing July, 1998. It should be noted that the annual fee has gone from $ 600.00 per year to $ 1,355 per year (see attached). RECOMMENDATION: It is recommended that the City Council approve the Agreement and authorize its execution by the Mayor. 07- n- b6s.doc /sb COUNCIL AGENDA JUL 131999 ITEM No.- �C--l-I SOUTHERN CALIFORNIA EDISON An EDISON INM NATIOiN'AL "' Company CITY OF ROSEMEAD May 20, 1999 8838 E. VALLEY BLVD. PO BOX 399 ROSEMEAD, CA 91770 Attention: Mike Burbank Subject: Subsequent License Agreement GOULD -MESA T/L R/W Account No: 1614 Prop Number: PLGME636G21 The enclosed subsequent License Agreement has been prepared at your request. It has been executed on behalf of Southern California Edison Company for an additional five (5) years. Please note your new Account Number 1614 to be used in all future correspondence. Please execute the enclosed "File Copy" and return it with a check in the amount of $1,355.00 for your first year payment. The "Licensee's Copy" is for your records. A self- addressed envelope is provided for your convenience. Please note Article 4, Liability Insurance, of the enclosed License Agreement which requires you to secure and keep in force a $1,000,000.00 insurance policy including Southern California Edison Company as an additional insured and to provide evidence of such insurance. This Agreement is not valid and cannot be processed until we have received the sianed License Aoreement. License fees and proof of insurance. Please be sure all three items are sent together. If you have any questions concerning the License Agreement, or should you decide not to accept, please call me at (909) 930 -8569 to discuss vacating the property. DH /cc Enclosures 1351 E. Francis St. Ontario, CA 91761 -5796 909- 930 -8587 Fax 909 -950 -8468 SOUTHERN CALIFORNIA EDISON I,)sll, ,.,,,,,. „ONA]., CITY OF ROSEMEAD 8838 E. VALLEY BLVD. PO BOX 399 ROSEMEAD. CA 91770 Attention:Mike Burbank Subject: Subsequent License Agreement GOULD -MESA T/L R/W Account No: 1614 Prop Number: PLGME636G21 May 20, 1999 The enclosed subsequent License Agreement has been prepared at your request. It has been executed on behalf of Southern California Edison Company for an additional five (5) years. Please note your new Account Number 1614 to be used in all future correspondence. Please execute the enclosed "File Copy" and return it with a check in the amount of $1,355.00 for your first year payment. The "Licensee's Copy' is for your records. A self - addressed envelope is provided for your convenience. Please note Article 4, Liability Insurance, of the enclosed License Agreement which requires you to secure and keep in force a $1,000,000.00 insurance policy including Southern California Edison Company as an additional insured and to provide evidence of such insurance. This Agreement is not valid and cannot be processed until we have received the sinned License Aareement. License fees and proof of insurance. Please be sure all three items are sent together. If you have any questions concerning the License Agreement, or should you decide not to accept, please call me at (909) 930 -8569 to discuss vacating the property. DH /cc Enclosures 1351 E. Francis 51. Ontario. CA 91761 -5796 909 -930 -8587 Fax 909 -930 -8468 0 0 CITY OF ROSEMEAD, A MUNICIPAL CORPORATION RP File No. P66S055 -1 -22 Property No. PLGME636G21 Account No. 1614 L I C E N S E A G R E E M E N T INDEX 1. USE 2. TERM 3. CONSIDERATION 4. LIABILITY 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 m RP File No. P66S055 -1 -22 Property No. PLGME636G21 Account No. 1614 LICENSE AGREEMENT THIS AGREEMENT, made as of the 19 day of Maw 19 99 , between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of California, hereinafter called "Licensor ", and 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 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: All of Parcel 32 and those portions of Parcels 31 and 33 as same are shown on a Licensed Surveyor's Map of Property owned by Southern California Edison Company Ltd., filed in book 30, pages 16 to 20, inclusive, of Record of Surveys, in the office of the County Recorder of said County, more particularly shown on the map attached hereto, marked EXHIBIT "A ", and by this reference made a part hereof. The hereinabove described licensed property is shown on the print attached hereto, marked Exhibit "A ", said print being for information purpose only. SUBJECT TO: Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record including but not limited to, the following: The foregoing license is made subject to the following terms and condition, all of which Licensee hereby agrees to comply with and perform. Additionally, this License agreement is made subject to the terms and conditions of the addendum attached hereto and made a part hereof, all of which Licensee further agrees to comply with and perform. 1. Use: Licensee will use the Property for park and automobile parking 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. Tenn: Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of five (5) years commencing on the first day of July, 1998 and ending on the last day of June, 2003. 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 Thousand Three Hundred Fifty-five And 00 / 100 Dollars ($1,355.00) upon the execution and delivery of this Agreement with subsequent semi -annual payments to be made as follows: -1- 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" 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, 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 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 IPA Term Year Due Yearly Payment Due Amount 1st Day of 2 "° Year 1999 1,355.00 July 3`a Year 2000 1,355.00 July 4" Year 2001 1,355.00 July 5`° Year 2002 1,355.00 July 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" 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, 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 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 IPA 0 0 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. NOTE: Additional clearance shall be required for structures and other material improvements 10. Parkin : 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. All horticulture Licensees are required to provide a copy of the annual License for Pest Exclusion/ Nursery Program from the State of California, Department of Food and Agriculture. 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. Fencin : 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 Landscaoin�j: 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. -3- 0 0 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. 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: M (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. (1) 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. -5- 0 0 34. Electric and Magnetic Fields ("EMF-): There have been numerous scientific studies about the potential effects of power- frequency electric and magnetic field ( "EMF'). There are several sources of EMF, including household appliances and electric power facilities. After many years of research, scientists have not found that exposure to power- frequency EMF causes disease in humans. Research on this topic is continuing. Whenever anyone plans to license Edison property that is in close proximity to Edison electrical facilities, Edison wants to share with those involved in the development, information or literature it has about EMF. Should Licensee wish, brochures will be made available, upon request, that explain some facts about EMF and that outline Edison's policy in this area. Please let Edison ]mow if you have questions or wish to have 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 Corporate Real Estate Department Real Estate Revenue Division 1351E. Francis Street Ontario, CA 91761 To Licensee: CITY OF ROSEMEAD, A MUNICIPAL CORPORATION 8838 E. Valley Blvd 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. 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. � -n SOUTH CALIF IA_EI�so COMPANY DH /cc Ed DEBRA E. HOLLEY Licensing Specialist Real Estate Revenue Corporate Real Estate Department CITY OF ROSEMEAD, A MUNICIPAL CORPORATION Print Name: LICENSEE 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 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. 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 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 Re Name: PLGME636G21. TRACT - - - - - -- - - - -- so' 60 ?SO. - --- MB 194/18 -19 W - -- -- �y - -- - - -- q C ® ----- - - - - -- o I ^fib 'D I 41 wl" MORE n ST e �rw p�p •`1 _ ZA Vr AN ® - - - - - -- M' PARK µ PARK .ST m ^" r- - - -- ---- T- - -- - -- ri I 141 - -- I I — I I Igl ® 131 U ! I I ® t90' AVE GARVEY LEGEND. LANDS OF SOUTHERN CALIFORNIA EDISON COMPANY BEING LICENSED TO CITY OF ROSEMEAD - ® APPROXIMATE TOWER LOCATION (25' CLEARANCE) 0 100 200 400 • APPROXIMATE WOOD POLE LOCATION (10' CLEARANCE) SCALE IN FEET �� TOTAL AREA (GROSS) SOFT. 295,406 AC. 6.78 EXHIBIT Q FACILITY NAME: GOULD - MESA 220KV T/L R/W P.I.D. NO. 5012102 J.O. — JAMIN ID: RE O -1 LICENSEE CITY OF ROSEMEAD CITY: ROSEMEAD T.G.: 636G2 PROPERTY NO.: PLGME636G21 R/P AGENT: DEBRA HOLLEY COUNTY: LOS ANGELES STATE: LAND MAPPING: P. VANEKRIS ACCOUNT NO.: 1614 SOUTHERN CAI ITO 30/20 E D I S O SANDERS MAP NO.: 533950 OTHER REF_: ASS'R 5288 -5 LS A.. cnr.�;�rru�mna rr•r.,,. I M.S.' 54 -86 DATE: 05/17/99 Re Name: PLGME636G21. z B. ORDINANCE NO. 795 The following Ordinance was presented to the Council for adoption: ORDINANCE NO. 795 ANT ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING THE SALE AND DISCHARGE OF SAFE AND SANE FIREWORKS BETWEEN DECEMBER 27, 1999 AND JANUARY 1, 2000 - ADOPT MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM CLARK that the Council adopt Ordinance No. 795. Vote resulted: Yes: Bruesch, Taylor, Vasquez, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered Councilman Imperial stated for the record that this Ordinance was adopted for this one event only. IV. CONSENT CALENDAR (CC -B was removed for discussion purposes) CC -A AUTHORIZATION TO ATTEND NATIONAL LEAGUE OF CITIES SEVENTH ANNUAL LEADERSHIP SUMMIT OF LOCAL ELECTED OFFICIALS - AUGUST 15-17,1999, WELCHES, OREGON CC -C AUTHORIZATION TO ATTEND THE INTERNATIONAL CITY MANAGERS ASSOCIATION'S 85TH ANNUAL CONFERENCE - SEPTEMBER 26-29,1999, PORTLAND, OREGON CC-D' GROUNDS MAINTENANCE AGREEMENT - L.A. COUNTY LIBRARY CC -E EXTENSION OF AGREEMENT WITH WILLDAN ASSOCIATED FOR CDBG PROGRAM SERVICES CC -F REQUEST FROM LEGISLATIVE ADVOCATE FOR FEE INCREASE CC -G REAUTHORIZATION OF AGREEMENT WIT COUNTY OF LOS ANGELES FOR GANG ALTERNATIVE AND PREVENTION PROGRAM (GAPP) C -H RENEWAL OF LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY - ZAPOPAN PARK MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: Bruesch, Taylor, Vasquez, Clark, Imperial No: None Absent: None Abstain: None CC:7 -13 -99 Page #2 he Mayor declared said motion duly carried and so ordered. Y TO: FRANK G. TRIPEPI, CITY MANAGER FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATIO DATE: JULY 7, 1999 RE: RENEWAL OF LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY - ZAPOPANPARK Attached for review and consideration is the License Agreement with Southern California Edison Company for Zapopan Park. It should be noted that on page 1, item (2) has the starting date as July, 1998. The lapse in time was due to lengthy negotiations over Edison Company wanting all the trees under their transmission lines to be trimmed to 15 feet. For the majority of trees at Zapopan Park that requirement would not work because all we would have left would be "poles ". The up -shot was, that after several months of discussions and attempts to trim the trees Edison Company would not accept anything less than their standard 15' height requirement and eventually we had to remove the trees. We intend to replant them with a specie that has a low growing head. This agreement is for a five (5) year period commencing July, 1998. It should be noted that the annual fee has gone from $ 600.00 per year to $ 1,355 per year (see attached). RECOMMENDATION: It is recommended that the City Council approve the Agreement and authorize its execution by the Mayor. 07- n- b6s.doc /sb COUNCIL ;;GENDA J U L 131999 ITEM Pao. � C� -ff SOUTHERN CALIFORNIA EDISON An EOLiOA' L\7ER,NA1' /OA'AL" Canp.., CITY OF ROSEMEAD 8838 E. VALLEY BLVD. PO BOX 399 ROSEMEAD, CA 91770 Attention:Mike Burbank Subject: Subsequent License Agreement GOULD -MESA T/L R/W Account No: 1614 Prop Number: PLGME636G21 May 20, 1999 The enclosed subsequent License Agreement has been prepared at your request. It has been executed on behalf of Southern California Edison Company for an additional five (5) years. Please note your new Account Number 1614 to be used in all future correspondence. Please execute the enclosed "File Copy" and return it with a check in the amount of $1,355.00 for your first year payment. The "Licensee's Copy" is for your records. A self- addressed envelope is provided for your convenience. Please note Article 4, Liability Insurance, of the enclosed License Agreement which requires you to secure and keep in force a $1,000,000.00 insurance- policy including Southern California Edison Company as an additional insured and to provide evidence of such insurance. This Agreement is not valid and cannot be processed until we have received the sianed License Agreement, License fees_ and Proof of insurance. Please be sure all three items are sent together. If you have any questions concerning the License Agreement, or should you decide not to accept, please call me at (909) 930 -8569 to discuss vacating the property. �) v 6�2 � EBRA H LLE LICENSING SPECIALIST DH /cc Enclosures 1351 E, Francis S1. Ontario, CA 91761 -5796 909 -930 -5587 F.Ix 909 - 930 -8468 5OU1HERN CALIFORNIA MISON CITY OF ROSEMEAD 8838 E. VALLEY BLVD. PO BOX 399 ROSEMEAD, CA 91770 Attention:Mike Burbank Subject: Subsequent License Agreement . GOULD -MESA T/L R/W Account No: 1614 Prop Number: PLGME636G21 May 20, 1999 The enclosed subsequent License Agreement has been prepared at your request. It has been executed on behalf of Southern California Edison Company for an additional five (5) years. Please note your new Account Number 1614 to be used in all future correspondence. Please execute the enclosed "File Copy" and return it with a check in the amount of $1,355.00 for your first year payment. The "Licensee's Copy" is for your records. A self- addressed envelope is provided for your convenience. Please note Article 4, Liability Insurance, of the enclosed License Agreement which requires you to secure and keep in force a $1,000,000.00 insurance policy including Southern California Edison Company as an additional insured and to provide evidence of such insurance. - This Agreement is not valid and cannot be processed until we have received the siqned License Aqreement, License fees and proof of insurance. Please be sure all three items are sent together. If you have any questions concerning the License Agreement, or should you decide not to accept, please call me at (909) 930 -8569 to discuss vacating the property. /7 LICENSING SPECIALIST DH /cc Enclosures 1351 E. Frmci5 St. Ontario. CA 91761 -5796 909 - 930 -5587 Fax 909 -950 -5468 CITY OF ROSEMEAD. A MUNICIPAL CORPORATION RP File No. P66S055 -1 -22 Property No. PLGME636G21 Account No. 1614 L I C E N S E A G R E E M,E N T INDEX 1. USE 2. TERM 3. CONSIDERATION 4. LIABILITY INSURANCE 5 LICENSER'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 mi,% RP File No. P66SO55 -1 -22 Property No. PLGME636G21 Account No. 1614 LICENSE AGREEMENT THIS AGREEMENT, made as of the 19 day of. Mai, 19 . 99 between SOUTHERN CALIFORNIA EDISON COMPAW a corporation organized under the laws, of the State of California, hereinafter called "Licensor ", and 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 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: All of Parcel 32 and those portions of Parcels 31 and 33 as same are shown on a Licensed Surveyor's Map of Property owned by Southern California Edison Company Ltd., filed in book 30, pages 16 to 20, inclusive, of Record of Surveys, in the office of the County Recorder of said County, more particularly shown on the map attached hereto, marked EXHIBIT "A ", and by this reference made a part hereof. The hereinabove described licensed property is shown on the print attached hereto. marked Exhibit "A ", said print being for information purpose only. SUBJECT TO: Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record including but not limited to, the following: The foregoing license is made subject to the following terms and condition, all of which Licensee hereby agrees to comply with and perform. Additionally, this License agreement is made subject to the terms and conditions of the addendum attached hereto and made a part hereof, all of which Licensee further agrees to comply udth and perform. 1. Use: Licensee will use the Property for park and automobile parking 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 wn ith Article 28. 2. Term: Unless otherwise terminated as provided herein-this Agreement will be in effect for a term of five (5) ,fears commencing on the first day of July, 1998 and ending on the last day of June, 2003. 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 Propern , or for any other reason. 3. Consideration: Licensee will pay to Licensor the sum of One Thousand Three Hundred Fifty -five And 00 / 100 Dollars ($1.355.00) upon the execution and delivery of this Agreement with subsequent semi - annual payments to be made as follows: -1- 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" on all amounts outstanding up to the maximum rate allowed by law. 4. Liabilitv 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. Licenser'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 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 Licenser's equipment and materials over the Property. Licensor may require Licensee to -2- Term Year Due Yearly Payment Due Amount 1st Day of 2 "° Year 1999 1.355.00 Julp 3`'- Year 2000 1,355.00 July 4" Year 2001 1.355.00 July 5' Year 2002 1.355.00 Julv 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" on all amounts outstanding up to the maximum rate allowed by law. 4. Liabilitv 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. Licenser'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 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 Licenser's equipment and materials over the Property. Licensor may require Licensee to -2- 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. . NOTE: Additional clearance shall be required for structures and other material improvements. 10. Parkin : 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. All horticulture Licensees are required to provide a copy of the annual License for Pest Exclusion /Nursery Program from the State of California, Department of Food and Agriculture. 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.. Si ens: Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. 15. Fencin : Licensee may install fencing on the Property with prior written approval from Licensor. Such fencing wvill 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 Properly, 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. -3- 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. I. 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 indirectIv, 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: -4- E (a) Any failure by Licensee to pay the consideration due in accordance with Article 3, or to make any other payment required to be made by Licensee hereunder when due. (b) The abandonment or vacating of the Property by Licensee. (c) Any attempted assignment or subletting of this Agreement by Licensee in violation of Article 23. (d) The violation by Licensee of any resolution, ordinance,, statute, code, regulation or other rule of any governmental agency in connection with Licensee's activities pursuant to this Agreement. (e) A failure by Licensee to'observe and perform any other provision of this Agreement to be observed or performed by Licensee, where such failure continues for the time period specified in a written notice thereof by Licensor to Licensee. (f) Any attempt to exclude Licensor from the licensed premises (� 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. Licenser'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 Julv 10, 1985, which General Order No. 69 -C, by this reference, is hereby incorporated herein and made a part hereof. 33. Attornevs' 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. 5- 34. Electric and Magnetic Fields ( "EMF "l: There have been numerous scientific studies about the potential effects of power- frequency electric and magnetic field ( "EMF"). There are several sources of EMF, including household appliances and electric power facilities. After many years of research, scientists have not found that exposure to power- frequency EMF,causes disease in humans. Research on this topic is continuing. Whenever anyone plans to license Edison property that is in close proximity to Edison electrical facilities, Edison wants to share with those involved in the development, information or literature it has about EMF. Should Licensee wish, brochures will be made available, upon request, that explain some facts about EMF and that outline Edison's policy in this area. Please let Edison know if you have questions or wish to have 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 Califomia Edison Company Corporate Real Estate Department Real Estate Revenue Division 1351E. Francis Street Ontario, CA 91761 To Licensee: CITY OF ROSEMEAD, A MUNICIPAL CORPORATION 8838 E. Valley Blvd Rosemead, CA 91770 Business Telephone No. (626) 288 -6671 Licensee will immediately notifj, Licensor of any address change. 36. Recording: Licensee will not record this Agreement. 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. DH /cc M Licensmg bpeciaiist Real Estate Revenue Corporate Real Estate Department CITY OF ROSEMEAD, A MUNICIPAL CORPORATION M Print Name: LICENSEE 0 PARK USE ADDENDUM 0 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 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. 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 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 -_ - -- - - - -- 'a NO.109 1 . TRACT - - so' -- -- MB 194/18 -19 a Q ----- --- - -- 20 I 7 ^Qro I �p W]UMOPE n° ST Q ® P N 50' 7APOPAN - - -- - -- 50, ® yr - - - - - -- . ., PARK PARK ST 0n r___ —_ bpi ---- 7- - - - - -- � I — IyI I i - EA I 1 Iv'I I I B' o AVE GARVEY LEGEND: OF SOUTHERN CALIFORNIA EDISON COMPANY _ ' DLANDS BEING LICENSED TO CITY OF ROSEMEAD 0 100 200 400 ® APPROXIMATE TOWER LOCATION (25' CLEARANCE) • APPROXIMATE WOOD POLE LOCATION (10' CLEARANCE) SCALE IN FEET EXHIBIT "A" TOTAL AREA(GROSS) SO.FT. 295,405 AC. 6.78 FACILITY NAME: GOULD - MESA 220KV T/L R/W P.I.D. NO. 5012102 J.O. — JAMIN ID: REO -1 LICENSEE CRY OF ROSEMEAD I CITY: ROSEMEAD T.G.: 636G2 PROPERTY NO :pLGME53sG21 R/P AGENT: DEBRA HOLLEY COUNTY: LOS ANGELES STATE: LAND MAPPING: P. VANEKRIS ACCOUNT NO.: 1614 soureEU� c >rrto 30/2D E D I S O SANDERS MAP NO.: 533950 OTHER REF.: ASS'R 5288 -5 LS I M.S.: 54 -88 i DATE: 05/17/99 _. ., .......�.,�,..,, 0 0 9 0 RP File No. P66S055 -1 -22 Property No. PLGME636G21 Account No. 1614 LICENSE AGREEMENT THIS AGREEMENT, made as of the 19 day of May 1 19 99 , between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of California, hereinafter called "Licensor ", and 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 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: All of Parcel 32 and those portions of Parcels 31 and 33 as same are shown on a Licensed Surveyor's Map of Property owned by Southern California Edison Company Ltd., filed in book 30, pages 16 to 20, inclusive, of Record of Surveys, in the office of the County Recorder of said County, more particularly shown on the map attached hereto, marked EXHIBIT "A ", and by this reference made a part hereof. The hereinabove described licensed property is shown on the print attached hereto, marked Exhibit "A", said print being for information purpose only. SUBJECT TO: Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record including but not limited to, the following: The foregoing license is made subject to the following terms and condition, all of which Licensee hereby agrees to comply with and perform. Additionally, this License agreement is made subject to the terms and conditions of the addendum attached hereto and made a part hereof, all of which Licensee further agrees to comply with and perform. 1. Use: Licensee will use the Property for park and automobile parking purposes only. Licensor makes no representation, covenant, warranty or promise that the Property is fit for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee's failure to make such use of the Property as determined by the Licensor in its sole discretion, will be grounds for immediate termination of this Agreement in accordance with Article 28. 2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of five (5) years commencing on the first day of July, 1998 and ending on the last day of June, 2003. 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 Thousand Three Hundred Fifty-five And 00 / 100 Dollars ($1,355.00) upon the execution and delivery of this Agreement with subsequent semi -annual payments to be made as follows: -1- 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" 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, 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 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 -2- 0 0 Term Year Due Yearly Payment Due Amount 1st Day of 2"' Year 1999 1,355.00 July 3' Year 2000 1,355.00 July 4' Year 2001 1,355.00 July 5" Year 2002 1,355.00 July 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" 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, 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 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 -2- • • 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. NOTE: Additional clearance shall be required for structures and other material improvements. 10. Parkin : 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. All horticulture Licensees are required to provide a copy of the annual License for Pest Exclusion /Nursery Program from the State of California, Department of Food and Agriculture. 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. Fencin : 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 LandscaoinE: 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. -3- 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. 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: Ma 0 (a) Any failure by Licensee to pay the consideration due in accordance with Article 3, or to make any other payment required to be made by Licensee hereunder when due. (b) The abandonment or vacating of the Property by Licensee. (c) Any attempted assignment or subletting of this Agreement by Licensee in violation of Article 23. (d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency in connection with Licensee's activities pursuant to this Agreement. (e) A failure by Licensee to observe and perform any other provision of this Agreement to be observed or performed by Licensee, where such failure continues for the time period specified in a written notice thereof by Licensor to Licensee. (f) Any attempt to exclude Licensor from the licensed premises. (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. -5- 0 0 34. Electric and Magnetic Fields ( "EMF "): There have been numerous scientific studies about the potential effects of power- frequency electric and magnetic field ( "EMF "). There are several sources of EMF, including household appliances and electric power facilities. After many years of research, scientists have not found that exposure to power- frequency EMF causes disease in humans. Research on this topic is continuing. Whenever anyone plans to license Edison property that is in close proximity to Edison electrical facilities, Edison wants to share with those involved in the development, information or literature it has about' EMF. Should Licensee wish, brochures will be made available, upon request, that explain some facts about EMF and that outline Edison's policy in this area. Please let Edison know if you have questions or wish to have 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: Southem Califomia Edison Company Corporate Real Estate Department Real Estate Revenue Division 1351E. Francis Street Ontario, CA 91761 To Licensee: CITY OF ROSEMEAD, A MUNICIPAL CORPORATION 8838 E. Valley Blvd 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. 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. A DH /cc COMPANY DEBRA E. HOLLEY U Licensing Specialist Real Estate Revenue Corporate Real Estate Department CITY OF ROSEMEAD, A MUNICIPAL CORPORATION ,� Name: Joe Vasquez, Mayor 0 PARK USE ADDENDUM 0 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 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. 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 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 File Name: PLGME636G21. TRACT - - - - --- - - - -- NO. 109 ea F 750. -- -- MB 194/18 -19 W C C ��o ----- - - - - -- � I 1FHITMORK N ST . ® — — -- — — — N 50' — ZAPOPAN — — — — — — — 50 ® PARK PARK ST .v^ y 150. w ® ,yc p\b - - -- m^ r ao� A�0 ---- J - - - -- �0 ---- T- --- - -- C1 lyl - -- I°I I I I I I I G�. I L –. -- - -- 0 I I 1� 19y1 Ical 10, AVE GARVEY -T� LEGEND: OF SOUTHERN CALIFORNIA EDISON COMPANY QLANDS BEING LICENSED TO CITY OF ROSEMEAD ® APPROXIMATE TOWER LOCATION (25' CLEARANCE) 0 100 200 400 • APPROXIMATE WOOD POLE LOCATION (10' CLEARANCE) SCALE IN FEET EXHIBIT "A99 TOTAL AREA(GROSS) ISO.FT. 295,406 AC. 6.78 FACIUTY NAME: GOULD - MESA 220KV T/L R/W P.I.D. NO. 5012102 J.O. — JAMIN ID: REO -1 LICENSEE: CITY OF ROSEMEAD CITY: ROSEMEAD T.G.: 636G2 PROPERTY NO. : PLGME63OG21 R/P AGENT: DEBRA HOLLEY COUNTY: LOS ANGELES STATE: LAND MAPPING: P. VANEKRIS ACCOUNT .NO.: 1614 LS 30/20 S IJTHERV C411E0 E D I S 0 SANDERS MAP NO.: 533950 OTHER REF.: ASS'R 5288 -5 ; DATE: 05/1 /99 1n 041 11ATM.1P(AV �—I M.S.: 54 -88 File Name: PLGME636G21. 0 0 ,go1�l • • CITY OF ROSEMEAD, A MUNICIPAL CORPORATION RP File No. P66SO55- 1 -22MO L I C E N S E A G R E E M E N T INDEX 1. USE 2. TERM 3. CONSIDERATION 4. LIABILITY 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. NOTICES 35. RECORDING 36. COMPLETE AGREEMENT ADDENDUM 17� i1141ki l LICENSEE'S COPY LICENSE AGREEMENT 0 RP File No. P66S055- 1 -22MO THIS AGREEMENT, made as of theme day of '//"?a+ -d-, '19-9-5, between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of California, hereinafter called "Licensor ", and 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 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 'W' attached hereto and made a part hereof the ( "Property") solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth. That property located in the City of Rosemead, County of Los Angeles, State of California, further described as follows: All of Parcel 32 and those portions of Parcels 31 and 33 as same are shown on a Licensed Surveyor's Map of Property owned by Southern California Edison Company Ltd., filed in Book 30, pages 16 to 20, inclusive, of Record of Surveys, in the office of the County Recorder of said County, more particularly shown on the map attached hereto, marked EXHIBIT 'W', and by this reference made a part hereof. SUBJECT TO: Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record. 1. 11Lag: Licensee will use the Property for a park and automobile parking for the 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 five (5) years commencing on the first day of July, 1993 and ending on the last day of June, 1998. 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 Six Hundred and 00/100 Dollars ($600.00) upon the execution and delivery of this Agreement for the first year; Six Hundred and 00/ 100 Dollars ($600.00) for the second year; Six Hundred and 00/ 100 Dollars ($600.00) for the third year; Six Hundred and 00/ 100 Dollars ($600.00) for the fourth year, and Six Hundred and 00/ 100 Dollars ($600.00) for the fifth year of the Agreement term, payable annually in advance on the first day of July of each succeeding year of the Agreement term. 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 - Financial Accounting. All accounts not paid within 30 days of the agreed upon due date will be charged a ten percent (100/0) "late fee" on all amounts outstanding or at the maximum rate allowed by law. -1- 0 0 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. 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 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 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 Clearance c: 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. -2- 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. i n : 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 LandscauiLig: 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. -3- 9 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 real property, including but not limited to, buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens, including but not limited to, mechanics liens and encumbrances by reason of use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above- mentioned taxes, assessments or liens when due, Licensor will have the right to pay the same and charge the amount to the Licensee. All accounts not paid within 30 days of the agreed upon due date will be charged a ten percent (10°x6) "late fee" on all amounts outstanding or at 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 cancelled and terminated by either Licensor or Licensee, at any time, upon thirty (30) days notice in writing. Licensee will peaceably quit, surrender and, prior to termination date, restore the Property to a condition satisfactory to the Licensor. Termination, cancellation or expiration does not release Licensee from any liability or obligation (indemnity or otherwise) which Licensee may have incurred. Licensee's continued presence after termination shall be deemed a trespass. 28. Events of Default: The occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee: (a) Any failure by Licensee to pay the consideration due in accordance with Article 3, or to make any other payment required to be made by Licensee hereunder when due. (b) The abandonment or vacating of the Property by Licensee. -4- (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. Licensors 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. -5- 34. Notices: All notices required to be given by either party will be made in writing and deposited in the United States mail, first class, postage prepaid, addressed as follows: To Licensor: Southern California Edison Company Real Properties and Administrative Services Land Services Division 500 N. State College, Suite 750 Orange, CA 92668 To Licensee: City of Rosemead, a Municipal Corporation 8838 Valley Blvd. Rosemead, CA 91770 Business Telephone No. (213) 288 -6671 Licensee will immediately notify Licensor of any address change. 35. RecordinE: Licensee will not record this Agreement. 36. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any addendums and exhibits attached hereto constitute the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the day and year herein first above written. yk SOUTHERN CALIFORNIA EDISON COMPANY By j- r 42&dS LICENSOR A.E. KNUDSEN Regional Manager Land Services Division Real Properties and Administrative Services CITY OF ROSEMEAD, A MUNICIPAL CORPORATION By LICENSEE -6- LICENSEE'S COPY ADDENDUM PARKING: A. Vehicles parked on the Property are limited to those owned by Licensee and its employees, invitees, customers and visitors. Licensee will not allow the storage, repairing or refueling of any vehicles on the Property. B. No portion of the Property will be used to satisfy the minimum parking requirements of any governmental agency. C. Licensee must obtain prior written approval from Licensor for any vehicle parking improvements, and /or subsequent modifications. Licensee will maintain parking improvements at all times in a safe condition satisfactory to Licensor. D. At any time, Licensor may require the relocation of any portion of the parking improvements. Licensee will relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to relocate from Licensor. G/ Licensee's Initials 7- LICENSEE'S COPY F1'" Arez) Pei. 16 PL Slnc cY r1 Pct 3L SO � W 1 O S� Pc�tc Qrci Gay. yo N iP PARKI�/G LoT 'T L QO 5 ap. •-- -Ply Rx N a c.eT so �❑ r� a r EXHIBIT "Q" SoIZ 10Z- GQQVEy 4 E. - D raw. }T 950 0 i i �. ;�XE�IBIT «A„ J.0. M. S. © Lond deJCri6fd •h [.�nK - ,ZZO•C✓ %�,(„ �/' iii Fr pQ� k P" Pescs 19r). S C. E. Co ,L/CEi�/SE TO ,Pox= �lr'./ -�O �o� Pi�•� Cs�S SER. Zl--7 17�-� Southern Cahlornis Edison Coi^pe ^Y �C p< . r1 Pct 3L SO � W 1 O S� Pc�tc Qrci Gay. yo N iP PARKI�/G LoT 'T L QO 5 ap. •-- -Ply Rx N a c.eT so �❑ r� a r EXHIBIT "Q" SoIZ 10Z- GQQVEy 4 E. - D raw. }T 950 0 i i �. ;�XE�IBIT «A„ J.0. M. S. © Lond deJCri6fd •h [.�nK - ,ZZO•C✓ %�,(„ �/' iii Fr pQ� k P" Pescs 19r). S C. E. Co ,L/CEi�/SE TO ,Pox= �lr'./ -�O �o� Pi�•� Cs�S SER. Zl--7 17�-� Southern Cahlornis Edison Coi^pe ^Y �C 0 0 TO: FRANK G. TRIPEPI, CITY MANAGER FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREAT� N� DATE: MARCH 3, 1993 RE: RENEWAL OF LICENSE AGREEMENTS WITH SOUTHER CALIF. EDISON CO. - ZAPOPAN PARK Attached for review and consideration is the license agreement with Southern California Edison Co. for Zapopan Park. This agreement is for a five (5) year period commencing June 30, 1993, at the annual fee of six hundred dollars ($ 600.00) per year. Recommendation: It is recommended that the City Council approve the Agreement and authorize its execution by the Mayor. MDB:al 01- L- M3(11) 9 COUNCIL AGENDA MAR 9 10 ITEM No. 66-A.-_ CITY OF ROSEMEAD. A MUNICIPAL CORPORATION RP File No. P66SO55- 1 -22MO L I .0 E N S E A G R E E M E N T INDEX 1. USE 2. TERM 3. CONSIDERATION 4. LIABILITY 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 WAS_ TE 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. NOTICES 35. RECORDING 36.: COMPLETE AGREEMENT ADDENDUM PARKING FILE COPY 0 LICENSE AGREEMENT • THIS AGREEMENT, made as of the day of '19 _ between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of California, hereinafter called "Licensor ", and CITY OF 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 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 'W' attached hereto and made a part hereof the ( "Property") solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth. That property located in the City of Rosemead, County of Los Angeles, State of California, further described as follows: All of Parcel 32 and those portions of Parcels 31 and 33 as same are shown on a Licensed Surveyor's Map of Property owned by Southern California Edison Company Ltd., filed in Book 30, pages 16 to 20, inclusive, of Record of Surveys, in the office of the County Recorder of said County, more particularly shown on the map attached hereto, marked EXHIBIT 'W', and by this reference made a part hereof. SUBJECT TO: Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record. I. IL= Licensee will use the Property for a park and automobile parking for the 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 five (5) years commencing on the first day of July, 1993 and ending on the last day of June, 1998. 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 Six Hundred and 00 /100 Dollars ($600.00) upon the execution and delivery of this Agreement for the first year; Six Hundred and 00/ 100 Dollars ($600.00) for the second year; Six Hundred and 00/ 100 Dollars ($600.00) for the third year; Six Hundred and 00/ 100 Dollars ($600.00) for the fourth year, and Six Hundred and 00/ 100 Dollars ($600.00) for the fifth year of the Agreement term, payable annually in advance on the first day of July of each succeeding year of the Agreement term. 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 - Financial Accounting. All accounts not paid within 30 days of the agreed upon due date will be charged a ten percent (10%) "late fee" on all amounts outstanding or at the maximum rate allowed by law. -1- • s 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. 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- Coot - radius around all tower legs. b. A 10- foot - radius around all steel and wood poles. -2- 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 ar 'Herbicides: Any pesticide or herbicide applications and disposals will a 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. i n : 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. -3- 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 real property, including but not limited to, buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens, including but not limited to, mechanics liens and encumbrances by reason of use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above - mentioned taxes, assessments or liens when due, Licensor will have the right to pay the same and charge the amount to the Licensee. All accounts not paid within 30 days of the agreed upon due date will be charged a ten percent (10%) "late fee" on all amounts outstanding or at the maximum rate allowed by law. 22. Expense:. Licensee will perform and pay all obligations of Licensee under this Agreement. All matters or things herein required on the part of Licensee will be performed and paid for at the sole cost and expense of Licensee, without obligation on the part of Licensor to make payment or incur cost or expense for any such matters or things. 23. Assignments: This Agreement is personal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party. 24. Compliance with Law: Licensee will comply with all applicable federal, state, county and local laws: all covenants, conditions and restrictions of record and all applicable ordinances, zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto. Licensee will obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder. 25. Governing Law: The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions will be determined In accordance with the laws of the State of California. 26. Indemnification: Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and /or liability arising from or growing out of loss or damage to property, including that of Licensor, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee. 27. Termination: This Agreement may be cancelled and terminated by either Licensor or Licensee, at any time, upon thirty (30) days notice in writing. Licensee will peaceably quit, surrender and, prior to termination date, restore the Property to a condition satisfactory to the Licensor. Termination, cancellation or expiration does not release Licensee from any liability or obligation (indemnity or otherwise) which Licensee may .have incurred. Licensee's continued presence after termination shall be deemed a trespass. 28. Events of Default: The occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee: (a) Any failure by Licensee to pay the consideration due in accordance with Article 3, or to make any other payment required to be made by Licensee hereunder when due. (b) The abandonment or vacating of the Property by Licensee KIM �J 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. (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 otherjudicial 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. -5- 0 E 34. Notices: All notices required to be given by either party will be made in writing and deposited in the United States mall, first class, postage prepaid, addressed as follows: To Licensor: Southern California Edison Company Real Properties and Administrative Services Land Services Division 500 N. State College, Suite 750 Orange, CA 92668 To Licensee: City of Rosemead, a Municipal Corporation 8838 Valley Blvd. Rosemead, CA 91770 Business Telephone No. (213) 288 -6671 Licensee will immediately notify Licensor of any address change. 35. Recording: Licensee will not record this Agreement. 36. Comnlete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any addendums and exhibits attached hereto constitute the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the day and year herein first above written. yk I(--�q2 SOUTHERN CALIFORNIA EDISON COMPANY By uJ Cc • r n l LS'� LICENSOR A.E. KNUDSEN Regional Manager Land Services Division Real Properties and Administrative Services CITY OF ROSEMEAD, A MUNICIPAL CORPORATION By LICENSEE FILE COPY i • PARKING: A. Vehicles parked on the Property are limited to those owned by Licensee and its employees, invitees, customers and visitors. Licensee will not allow the storage, repairing or refueling of any vehicles on the Property. B. No portion of the Property will be used to satisfy the minimum parking requirements of any governmental agency. C. Licensee must obtain prior written approval from Licensor for any vehicle parking improvements, and /or subsequent modifications. Licensee will maintain parking improvements at all times in a safe condition satisfactory to Licensor. D. At any time, Licensor may require the relocation of any portion of the parking improvements. Licensee will relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to relocate from Licensor. Licensee's Initials -7- FILE COPY Flal A�� OEL Tg PL Ga.rlen 5i�c� �O� 1 �L PfC. 91 i i Pc% 3L SO � I W 1 l�shed 3a�kcli� all Caxi-7 i Pct1lG Qtcz G°'1 \ „o l N V �¢�' PARKING LoT (' ep c � 5 a A O ao• E Q — PtiRKINa [.eT s� n° a a r EXHIBIT " A t) P:r.n. i X12 !o Z GAL2VEY .4vE. — Draw. i S�3%50 t6 Seq. /. 0 i Q EXRIIBIT "A" J. O. M. 5. ZO ✓T/ zt, iJ Pulpesas Fay, O -11,5 C/Ty1 O� ,Po.Sr =�/r�o �0�2 PraP.r r��e(Po' s�S SER. L/? �7�.� Southern California Etlison Company j"E Councilman Taylor stated the reasons for his opposition were in the Minutes of the previous meeting. F. ORDINANCE NO. 729 - ADOPTING TRIP REDUCTION AND TRAVEL DEMAND MEASURES - ADOPT The following ordinance was presented to the Council for adoption: ORDINANCE NO. 729 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING TRIP REDUCTION AND TRAVEL DEMAND MEASURES IN ACCORDANCE WITH STATE GOVERNMENT CODE SECTIONS 65089 AND 65089.3 MOTION BY COUNCILMAN MCDONALD, SECOND BY MAYOR PRO TEM BRUESCH that Ordinance No. 729 be adopted. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC -B REMOVED FOR DISCUSSION) CC -A RENEWAL OF LICENSE AGREEMENT NO. 40 -57 WITH SOUTHERN CALIFORNIA EDISON FOR ZAPOPAN PARR CC -C REQUEST FOR COST -0F - LIVING ADJUSTMENT BY CALIFORNIA STREET MAINTENANCE, INC. CC -D AUTHORIZATION FOR CITY CLERK TO ATTEND CITY CLERKS ASSOCIATION ANNUAL INSTITUTE IN OXNARD, APRIL 20 -22, 1993 CC -E APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO SEEK BIDS FOR THE 47th HANDYMAN BID PACKAGE CC -F AUTHORIZATION TO ATTEND SISTER CITY INTERNATIONAL CONFERENCE IN SAN DIEGO, APRIL 30 -MAY 1, 1993 MOTION BY COUNCILMAN MCDONALD, SECOND BY COUNCILMAN TAYLOR that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC -B TURNING MOVEMENTS ON GARVEY AVENUE EAST AND WEST OF SAN GABRIEL BOULEVARD Juan Nunez, 2702 Del Mar Avenue, reported a problem at the Beach's Market location at the loading dock area when trucks are parked there. MOTION BY COUNCILMAN MCDONALD, SECOND BY COUNCILMAN TAYLOR that the City Council approve a "Right Turn Only" sign at the exits for the three locations. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC 3 -9 -93 Page #6. L 0 0 ,YjfnV11 /�� s P TO: FRANK G. TRIPEPI, CITY MANAGER FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREAT ON DATE: SEPTEMBER 19, 1990 RE: RENEWAL OF LICENSE AGREEMENT - ZAPOPAN PARK Southern California Edison Company has prepared and executed a renewal of the License Agreement for Zapopan Park. Enclosed is a copy of the License Agreement (Exhibit I). In addition, staff budgeted funds to pay the fees for this Fiscal Year. Recommendation: It is recommended that the Rosemead City CouncT-approve the License Agreement and authorize its execution by the Mayor. MDB:al Encl. 01- L- M2(39) COUNCIL AGENDA SEP 2 5 1990 ITEM NO. Zc �1 It is MUTUALLY AGREED that the 1987, between SOUTHERN CALIFORNIA as Licensor, and CITY OF ROSEMEAD, a covering that certain real property in the California, as described in said license i,- the further term beginning on July 1, 19 unless sooner terminated, as provided fo 0 RP File No W01- 66 -055RJ License entered into on June 10, EDISON COMPANY, a corporation, municipal corporation, as Licensee, County of Los Angeles, State of hereby renewed and extended for 90, and ending on June 30, 1993, - in said License. The Licensee agrees to pay to the Licensor the sum of Six Hundred Dollars ($600) upon the execution and delivery of this license for the first year, Six Hundred Dollars ($600) for the second year, and Six Hundred Dollars ($600) for the third year of said license term, payable annually in advance on the 1st day of July of each succeeding year of said license term. Licensee hereby agrees to increase the liability insurance, as provided for in Paragraph 7 of the License, to $2,000,000. Except as otherwise herein provided, it is mutually understood and agreed that all the terms, covenants, and conditions of said License shall be and remain in full force and effect. The License herein referred to is not assignable. DATED as of July 1, 1990. RBJ:jc:l -ID SOUTHERN CALIFORNIA EDISON COMPANY (Licensor) By S. R. SHERMOEN Regional Manager Land Services Division Real Properties and Administrative Services CITY OF ROSEMEAD, a municipal corporation (Licensee) 8838 Valley Boulevard Rosemead CA 91770 VAULT COPY (Address) F1 a'( Aga PC/ 3-e SO / / r h / t +y 1 p��w' ��a�kal•6all C�-�� Pf1RK(A./G LoT j 5. FV so n a CO3 Q EXHIBIT "A" PJ.D. 1 r !Z I D Z Cr.i4VIE LJtE. - Draw. /3950 L6 Saq Art a A(4/,055 0 / V / EXHIBIT "A" J.0. M. S. © L one dlJCCi6 CrJ .r� liGpn K - 20 ✓ T/2 fbr po.,L purpesas J94:` .SC.E.C� L /C.ENSE 7b 7f/E c17y SER. z/z Southern California Edison Company js�cc EXHIBIT "I" 0 CITY OF ROSEMEAD, A MUNICIPAL CORPORATION L I C E N S E A G R E E M E N T I N D E X 1. USE 2. TERM 3. CONSIDERATION 4. NOTICES 5. LIABILITY INSURANCE 6, HEIGHT LIMITATIONS 7. ASSIGNMENTS 8. NON — POSSESSORY INTEREST 9. LICENSOR'S RESERVATIONS 10. LICENSEE'S IMPROVEMENTS 11. ACCESS AND CLEARANCES 12. PARKING 13. FLAMMABLES, WASTE AND NUISANCES 14. PESTICIDES AND HERBICIDES lei. UNDERGROUND TANKS 16. HAZARDOUS WASTE. 17. UNDERGROUND FACILITIES 18. IRRIGATION EQUIPMENT- 19. PARKWAYS AND LANDSCAPING 20. FENCING 21. SIGNS 22. AUTHORITY 23, INDEMNIFICATION 24. UTILITIES 25, TAXES, ASSESSMENTS AND LIENS 26, GOVERNING LAW 27. HOLDING OVER 28. TERMINATION 29. ABANDONMENT 30. REMEDIES 31. ATTORNEY'S FEE. 32. RECORDING ADDENDUM VEHICLE PARKING FILE COPY. 01- 66 -055AA 0 0 01-- 66 -055AA LICENSE AGREEMENT THIS AGREEMENT, made as of the Z12,Ygfday 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, 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- - i.nafter described and referred to as "licensed property," solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth. The licensed property here.inabove referred to is located in the City of Rosemead, County of Los Angeles, State of California, and is further described as follows: The here.inabove described licensed property is shown on the print_ attached hereto, marked Exhibit. "A ", said print being for information purposes only. SUBJECT f0: Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record. All of Parcel. 32 and those portions of Parcels 31 and 33 as same are shown on a Licensed Surveyor's Map of Property owned by Southern Cal.if'ornia Edison Company Ltd., filed in Book 30, pages 16 to 20, inclusive, of Record of Surveys, in the office and of the County Recorder of said County, more particularly shown on the map attached hereto, marked EXHIBIT "A ", and by this reference made a part hereof. The here.inabove described licensed property is shown on the print_ attached hereto, marked Exhibit. "A ", said print being for information purposes only. SUBJECT f0: Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record. 1. Use: Licensee agrees to use the licensed property for park and automobile parking 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 and Licensee is not relying on any such representation, covenant, warranty or promise. --1 -- The foregoing license is made subject to the following terms and conditions, all of which Licensee hereby agrees to comply with and perform. Additionally, this License agreement is made subject to the terms and conditions of the addendum attached hereto and made a part hereof, all of which Licensee further agrees to comply with and perform. 1. Use: Licensee agrees to use the licensed property for park and automobile parking 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 and Licensee is not relying on any such representation, covenant, warranty or promise. --1 -- i 0 2. Term: Unless otherwise terminated as provided herein, this license _ shall be for a term of three (3) years commencing on July 1, 1987, and ending on June 30, 1990. 3. Consideration: Licensee agrees to pay to Licensor the sum of Six Hundred and 00 /100 Dollars ($600.00) upon the execution and delivery of this license for the first year of said license, and Six Hundred and 00/100 Dollars ($600.00) for each succeeding year of said license term, payable annually in advance on the 1st day of July of each succeeding year of said license term. All payments subsequent to the initial payment should be paid to the Southern California Edison Company, Post Office Box 800, Rosemead, California, 91770, Attention: Corporate Accounting Department - Financial Accounting. All accounts not paid within 30 days of the agreed due date will be charged a "late charge" at the maximum rate allowed by law. 4. Notices: All notices which are required to be given by either party hereL-o to the other, shall be deemed to have been duly given when 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 Department Property Management Section P. 0. Box 410 Long Beach, California 90801 To Licensee: City of Rosemead . 8838 East Valley Boulevard Rosemead, California 91770 Telephone No, 818/288- -2400 Licensee agrees to promptly notify Licensor of any address change. 5. I_iabili_t.�__-- _Insuranc,e: Licensee agrees to :insure its li.abil -ities which may arise 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 shall include Licensor as an additional insured. Licensee agrees to provide evidence of such insurance upon request. 6. Height Licensee agrees that at all. times during the __...Limitations: term of this license any equipment used by it or its agent employees or contractors on and adjacent to the licensed property shall be used and operated so as to at all times maintain a minimum clearance of seventeen (17) feet from all overhead electrical conductors located on said licensed property. -2- . 0 0 Licensee also agrees that all trees or plants located on the licensed property shall be maintained by Licensee and Licensoe shall trim or if requested by Licensor shall remove any tree or other planting which exceeds fifteen (15) feet in height. 7. As_si_gnment_s.: This license is personal. to Licensee, and Licensee shall not assign or transfer this license or any privilege thereunder, in whole or in part, and any attempt so to do shall be void and shall confer no right on any third party. 8. Non_ — Possessory Interest: 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 and licensee agrees to claim no such interest. 9. L.icensor's Reservations: Licensor reserves for itself', its successors and assigns, the right to construct, maintain, including the periodic washing of Licensor's electrical insulators, operate, repair, replace and /or inspect, in, on, over, under and across said licensed property, electric: power lines, telephone lines and /or pipelines or conduits, together with appurtenant structures. Licensor also reserves the right to construct, maintain and use roads across said licensed property, and the right L-o 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 the aforementioned rights may be exercised without the payment of any compensation or damages whatsoever for destruction of or damage to crops or personal property on the licensed property resulting from the exercise of said rights. 10. Licensee's Improvements: Licensee must submit complete improvement plans for - e licensed property, including grading plans, identifying all. existing and proposed improvements.' Licensee shall obtain Licensoe's written approval of said plans, including any subsequent modification thereof, prior to making any use of the licensed property. Said written approval may be modified and /or rescinded A the L.icensor's operating requirements are changed For any reason whatsoever. In any event, however, the Licensee may be. required to modify and /or remove any or all such previously approved buildings and /or structures at Licensee's sole risk and expense and without any compensation from Licensor. 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. —3— • • 11. Access arr_dClearances: Licensee shall provide Licensor with adequate access to all of Licensor's Facilities and at no Lime is there to be any interference with the free movement of Licensor's equipment and materials. IF required at any time by Licensor, Licensee shall provide, at its own expense, access roads sixteen (16) feet in width together with commercial driveway aprons and curb depressions as specified by Licensor. Said roads, commercial drive- - way aprons and curb depressions shall be capable of supporting a gross load of forty (40) tons on a three -axle vehicle, and shall be maintained by Licensee, at L'icensee's expense, so as to be passable at all ti.rnes, and shall be kept clear of any planting or other obstructions at all times so as to provide ready access to Licensor's facilities. In connection with the use of said licensed property, it is specifically agreed that Licensee shall, unless otherwise specified in writing by Licensor, make no use of the area directly underneath Licensor's towers and shall maintain the following clearances, at all times: a. A 75— foot- -- radius around all tower legs. b. A 10-- foot:— radius around all steel poles. C. A 5 —foot— radius around all wood poles. 12. Parking: Licensee agrees riot to. park, store, repair or, refuel any motor vehicles or to allow the parking, storage, repairing or refueling of any motor vehicles on any portion of said licensed property, unless specifically approved in writing by Licensor. 13. Fl.ammables, Waste_ and Nuisances: Licensee agrees that it will not place or store any flammable materials within the boundaries of the licensed property, that it will not cornrnit. any waste or damage, nor suffer any to be done. Licensee also specifically agrees that it will not allow others to take such actions within the boundaries of the licensed property. Licensee Further agrees that it will keep the licensed property clean, free from weeds, rubbish and debris, and in a condition satisfactory to Licensor. Licensee shall also provide adequate controls for, dust, odors and noise and take appropriate steps necessary to prevent dust contamination of Licensor's facilities located on, near or adjacent to the licensed property. Licensee also agrees to take preventive action to eliminate such dust, odors, noise or any other nuisance which may disturb the adjacent or nearby community and agrees to be. responsible for and to assume all liability for such dust, odor, noise or other nuisance disturbances. 14. Pe_sticide_s._ ._.._._rb.i,cide -s: Licensee agrees that any pesticide or herbicide applications on the licensed property shall be made in accordance with all Federal, State, County and local. laws. Licensee further agrees to dispose of any pesticides, herbicides or any other toxic substances which are declared to be either a health or environmental hazard in such a manner as prescribed by law. This will include, but not be limited to, contaminated containers, clothing, equipment or any other contaminated material. 4.._ 15. Underqround Tan k s : Notwithstanding anything to the t licensee shall not have the contrary set for�k zn Lnzs agreement, right to install underground or above—ground storage tanks, as defined by any and all applicable laws or regulations, without tho prior written consent of the Licensor. 10. Haza Licensee shall not engage in, or permit any other party to engage in, any activity on the premises that violates any federal, state or local laws, rules or regulations pertaining to hazardous, toxic or infectious materials and/or waste. Licensee shall 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 or actions, expenses and/or liability arising from ]oaks of, spills of' and/or contamination by or From hazardous materials and/or wastes as defined by applicable laws or regulations, which are attributable solely to the actions of, or Failure to act by' Licensee. 17 Underqround Fac i lities: Any underground facilities installed con inod by Lioeo within the licensed property shall have a minimum cover of three feet, All said underground facilities shall be constructed so as to withstand a gross load of forty (40) tons on a three-axle vehicle. 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 construct 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 Liconoor/s proposed facilities. Licensoo shall compact any earth disturbed by Licensee within licensed property to a compaction of ninety (90%) percent. 18. Irrigay Licensee agrees that any and all � irrigation pipeIiogs, well pump i ng equ i p mon t an d other structures, buildings and fixtures appurtenant thereto, hereinafter collectively referred to as "irrigation equipment", located on the licensed property at the commencement of Licensee's occupancy thereof, are the property of Licensor and shall remain upon and be surrendered with the premises upon the termination of this license or any renewal or extension thereof. In consideration of the privilege of using the same, Licensee agrees to maintai^, operate, repair and replace if necessary, at Licensee's ooIo coot and expense, said irrigation equipment during the continuance of this license. Any irrigation equipment placed on the licensed property by Licensee, the installa- tion of which is made with the consent of Licensor and for which a rent adjustment is mado, and all irrigation equipment installed by Licensee to replace such equipment located on said licensed property at the time Licensee entered into possession thereof, shall thereupon —5— be and become the property of Licensor and shall remain upon and be surrendered with the licensed property upon the termination of this license or any renewal or extension thereof. Licensee agrees to promptly deliver to Licensor a good and sufficient bill of sale for all such irrigation equipment installed on said licensed property at the time the same is instal.l.ed. Licensee further agrees that no such irrigation equipment shall be purchased on other than a cash basis. 19. Parkways __and __..L.andscaping: Licensee agrees to keep parkway and sidewalk areas adjacent to said licensed property free of weeds and trash. Licensee further agrees to maintain said parkways and to provide landscaping in a manner that is compatible with the adjoining properties and in a manner satisfactory to Licensor. 20. Fencing: Licensee may install fencing on said licensed property, provided Licensee obtains the prior written approval. of Licensor therefor. In the event: Licensee installs fencing, double drive gates sixteen (16) feet in width shall. be provided in such locations as specified by Licensor and shall be designed to accom- modate L-i.censor's locks. Any metallic fencing shall be effectively grounded by Licensee. Licensee agrees to promptly deliver to Licensor, a good and sufficient bill of sale for said fencing and agrees to maintain said fencing at Licensee's sole cost and expense. Notwithstanding the above, Licensee shall not install., operate or maintain or cause or permit to be 'installed, operated or maintained any electrically charged fence on the licensed property. 21. S_i_g_ns: Licensee agrees not to allow the construction or placement of any sign, signboard or other form of outdoor advertising on said licensed property, without prior written approval of Licensor. In the event of a violation of this provision by Licensee or any one claiming under Licensee, Licensor shall have the right to enter upon said licensed property and to remove and dispose of any such sign, signboard or other outdoor advertising and to charge t-he cost and expense of any such removal and disposal. to Licensee who agrees to pay the same on demand. 22. A_utho.ri._ty: This license is given pursuant to the author- ity 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, 198S, which General Order No. 69 -C, by this reference, is hereby incorporated herein and made a part hereof. 23. Indemnification: Licensee hereby agrees to save harmless and 'inderriniC 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 Licensor's own personal property, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this license or the use or occupancy of said licensed property by Licensee or any person claiming under Licensee. M 24. Utilities: Licensee agrees to pay 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 during the continuance of this license. It is further agreed that in the event Licensee. shall. fail. to pay the above -- mentioned charges when due, Licensor shall have the right to pay the same and charge the amount thereof to Licensee, who agrees to pay the same on demand, together with interest at the maximum rate allowed by law from the date of expenditure by Licensor. 25. Taxes,. _Assessments and -_Liens: Licensee agrees to pay, when due, all, taxes and assessments which may be levied upon any crops or personal property which Licensee caused to be grown, placed or maintained upon the said licensed property, and agrees to keep said licensed property free from all liens, including but not limited to mechanics liens, and encumbrances by reason of the use or occupancy of said licensed property by Licensee or any person claiming under Licensee. It is further, agreed that in the event Licensee shall fail to pay the above - mentioned taxes, assessments, or liens when due, Licensor shall have the right to pay the same and charge the amount thereof to Licensee, who agrees to pay the same on demand, together with interest at the maximum allowed by law from the date of expenditure by Licensor. 26. Governing _.Law: Licensee agrees that in the exercise of its rights under this license, Licensee shall comply with all applicable federal, State, County and local laws, and regulations in connection with its use of the licensed property. The existence, validity, construction, operation and effect of this license and all of its germs and provisions shall be determined in accordance with the laws of the State of California. 27. Holdinq Over: It is Further agreed that if Licensee shall. retain possession of said licensed property beyond the term hereof, or any renewal or extension hereof, without- 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' prior notice in writing for that purpose, and shall be subject to all of the terms, covenants and conditions of this license, and licensee shall pay for such license during any such holding over, at the last prevailing rate specified in paragraph 3, "Consideration" hereof. 28. Termination: The parties hereto agree that during the initial term or any extension thereof, this license may be canceled and terminated by either Licensor or Licensee, at any time, upon sixty (60) days' notice in writing to that effect given by either party hereto to the other. In such event or when this license expires, Licensee agrees, if so requested in writing by Licensor, to remove at that time all of its personal property from the licensed property and to restore the ground to as near its original condition -7- 9 0 and appearance as possible within said period of sixty (60) days, at its sole expense and risk. No such termination, 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, or by reason of such termination, cancellation or expiration. Upon the termination of this license by the expiration of the term hereof or otherwise, Licensee agrees to peaceably quit and surrender the licensed property to Licensor in good order and condi- tion. 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, unless otherwise agreed in writing by Licensor, but this shall not prevent. Licensor from requiring Licensee to remove, at Licensee's expense and risk, any and all such property remaining upon the licensed property. 2.9. Abandonment: In the event the use of said licensed property shall be abandoned by L-i.censee or said licensed property shall not be used by Licensee For the period of Ninety (90) days, then at the option of Licensor, the license hereby granted shall be deemed terminated without further notice. Upon such termination, Licensee agrees to comply with the conditions as specified in paragraph 28, "Termination" hereof. 30. Reme_d_-i.es_: 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, this license and al.l, 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 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 interest at the maximum rate allowed by law from the date of expenditure by Licensor. 31. A.;ttorneys_'.._.._._ Fees : In ease 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. 32. : Licensee agrees that it will not record this License. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate as of the day and year herein first above written. 282/ba SOUTHERN CALIFORNIA EDISON COMPANY By Manager of Real Troportios Department. LICENSOR CITY OF K0SEMEAD, A MUNICIPAL CORP. By LICENSEE —9— • 0 AD._D_E ND U,.M VEHICLE PARKING A. Licensee agrees that the improvements for vehicle parking planned to be installed on the licensed property, the location thereof and all specifications relative thereto, shall be subject to the prior written approval of Licensor, including any later modifications thereto. Licensee further agrees to maintain said parking improvements at all times in a safe condition satisfactory to the Licensor. B. Licensee agrees that in the event the Licensor requires the relocation of any portion of said parking improvements, Licensee will relocate same, at its sole cost, to a location and in a manner satisfactory to Licensor in its sole discretion within sixty (60) days after receiving notice:. from Licensor to do so. C. Licensee agrees that no portion of the licensed property shall. be used to satisfy the minimum parking requirements of any governmental agency. D. Licensee agrees that the vehicles to be parked shall be limited to those owned by Licensee, Licensee's tenants, and their respective employees, invitees, customers and visitors. Licensee further agrees not to allow the storage, repairing or refueling of any vehicles on the licensed property. Licensee's I:ni.tials -10— P,ctl,c A«f C v , O P O e� so arc pa � �❑ Plal Ada iEtTgyO�l \ 41 gi�Gd r 1 P� 1 +y 3 PIaN �� I i i i Pc/ 3t SO i h / I pb std PP �a9ka,�% all Cru-�� w �F PAstKle16 LOT . LeT 0 © Lond desc�%6ed -n L•ce�s� /So,- punk pt.rpesas S. C.E.Co SE R. 4Z 17ZA .ce Pw .e wev ans EXHIBIT "A" P.J.D. t —501 ? 10 Z Draw. t —,g 339.50 Sep t- ---r--- Rrt The t EXHI.PiT."A" J. O. . S. IV. CONSENT CALENDAR (CC -A, CC -E AND CC -F REMOVED FOR DISCUSSION) CC -B CITY CLERK VACATION AUTHORIZATION CC -C RENEWAL OF LICENSE AGREEMENT WITH EDISON FOR ZAPOPAN PARK CC -F ENGINEERING PROPOSAL FOR ASPHALT CONCRETE OVERLAY ON VARIOUS CITY STREETS - 1990 -91 CC-G INSTALLATION OF SCHOOL AND SPEED LIMIT WARNING SIGNS NEAR SHUEY SCHOOL MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN TAYLOR that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: Taylor, McDonald, Bruesch No: None Absent: DeCocker, Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. CC -A RECEIVE BIDS AND AWARD CONTRACT FOR DEFERRED LOAN HOME 11PROVEMENT PROGRAM - 3713 BARTLETT AVENUE MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR McDONALD that the Council receive and file all bids; accept and-award the bid to Oakridge Construction, low bidder, in the amount of $21,414; authorize staff to enter in a contract with the owner and the contractor; and reject all other bids. Vote resulted: Yes: McDonald, Bruesch No: Taylor Absent: DeCocker, Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated he was not against the applicant but was. opposed to the method of funding. CC -D ROSE4EAD HOME IMPROVEMENT PROGRAM - 37th BID PACKAGE CC -E BID FOR DEFERRED LOAN HOME IMPROVEMENT PROGRAM - 3358 MUSCATEL AVENUE These items were deferred to the next regular meeting for more information. V. MATTERS FOR DISCUSSION & ACTION - None VI. STATUS REPORTS A. MODERN SERVICE The City Attorney noted that the contract amendment would be on the next agenda. VII.MATTERS FROM OFFICIALS A. REQUEST FROM FRANK LARSON FOR REAPPOINTMENT TO THE ROSEMEAD- TRAFFIC COMMISSION MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN TAYLOR that the Council reappoint Commissioner Larson to.the Traffic Commissioner. Vote resulted: Yes: Taylor, McDonald, Bruesch No: None Absent: DeCocker, Imperial Abstain: None CC 9 -25 -90 Page #3 9 0 ROSEMEAD REDEVELOPMENT AGENCY Q 8838 VALLEY BLVD., ROSEMEAD, CA 91770 • (818) 288 -6671 Telecopier 8183079218 A TO: FRANK G. TRIPEPI, EXECUTIVE DIRECTOR FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATIO DATE: SEPTEMBER 19, 1990 RE: REQUESTED INFORMATION - PROPERTY LINE FENCES AT ZAPOPAN PARK At the last Rosemead Redevelopment Agency meeting, information was requested.as to the ownership /installation of the east and west property line.fences at Zapopan Park. A review of the park construction documents indicate that City received bids and installed fencing for the Southern California Edison Company Towers (see attached).. There is nothing that indicates that the City fenced either the east or west property line. I have prepared the attached drawing which show the properties that back up to the Park. 07 -N -B3S AGENCY AGENDA SEP 2 5 1990 ITEM No. I MEMORANDUM TO: CITY MANAGER FROM: DIRECTOR OF RECREATION & PARKS SUBJECT: ZAPOPAN PARK FENCING DATE: November 26, 1969 ESTIMATES For the six enclosures, following are bids received: Ace (Rosemead) ............. $3,797.00 Fencecraft (Rosemead) ............. 3,578.79 Crown (Pasadena) ............. 3,640.00 Alternate approaches: A. Request Council appropriation for $3,850.00 1. Go to formal bid on whole job. 2. Phase job in two parts (informal bids). ScAbE; 2 rSO � y 1 • _ I D E LTA I 00 w cn li 0 �9\co w w. ~ w 0 0 m w °° Q' U3 v, w w o L. � 9y � r . 04' tin k o!w z to <4*6A,41 � w C) uj tD A n N m 9�� Z 0 O�� m Z 9` Fy G� co w Ln w -44 44 am N ro 0 ro z z c� 3. REQUESTED INFORMATION - PROPERTY LINE FENCES AT ZAPOPAN PARK Staff was directed to return a proposal regarding new fencing for the east and west sides of the park and a report on the double fencing. 4. ACCEPTANCE OF WORK - GARVEY PARK LANDSCAPE PROJECT MOTION BY AGENCYMEMBER TAYLOR, SECOND BY AGENCYMEMBER BRUESCH that the Agency approve Change Order No. 1 and the Notice of Completion; authorize the Chairman to execute both documents and request that the Agency Secretary file the Notice of Completion with Los Angeles County. Vote resulted: Aye: Taylor, McDonald, Bruesch No: None Absent: DeCocker, Imperial Abstain: None The Chairman declared said'motion duly carried and so ordered. 5. MATTERS FROM OFFICIALS 6. ORAL COMMUNICATIONS FROM THE AUDIENCE ON REDEVELOPMENT AGENCY MATTERS There being no further action to be taken at this time, the meeting was adjourned at 9:07 p.m. The next regular meeting is scheduled for October 9, 1990, at 7:00 p.m. Respectfully submitted: APPROVEDD::,I Ag ncy Secretary CHAIRMAN ADJ RRA 9 -25-90 Page #2 RP File No W01- 66 -055RJ It is MUTUALLY AGREED that the License entered into on June 10, 1987, between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, as Licensor, and CITY OF ROSEMEAD, a municipal corporation, as Licensee, covering that certain real property in the County of Los Angeles, State of California, as described in said license is hereby renewed and extended for the further term beginning on July 1, 1990, and ending on June 30, 1993, unless sooner terminated, as provided for in said License. The Licensee agrees to pay to the Licensor the sum of Six Hundred Dollars ($600) upon the execution and delivery of this license for the first year, Six Hundred Dollars ($600) for the second year, and Six Hundred Dollars ($600) for the third year of said license term, payable annually in advance on the 1st day of July of each succeeding year of said license term. Licensee hereby agrees to increase the liability insurance, as provided for in Paragraph 7 of the License, to $2,000,000. Except as otherwise herein provided, it is mutually understood and agreed that all the terms, covenants, and conditions of said License shall be and remain in full force and effect. The License herein referred to is not assignable. DATED as of July 1, 1990, RBJ:jc:IiD SOUTHERN CALIFORNIA EDISON COMPANY (Licensor) BY S. R. SHERMOEN Regional Manager Land Services Division Real Properties and Administrative Services CITY OF ROSEMEAD, a municipal corporation (Licensee) Y MAYOR 8838 Valley Boulevard Rosemead CA 91770 VAULT COPY (Address) r ,V a � 0P QV ` So ,noq CrA,4VEy o � ON N 1 Fl-al AKa OELTg f0 � i CQ e S1,e +y 3 V � I F� 0 �G a �r PARKIn1G LoT L QO 5 �PARKiyQ LoT V'y-t AL&- pcz-k Puryoesas SE R. IZ 17,2/- SCE XW.. NKV .�JS EXHIBIT 44V PJ.P. 1 I Z 10 Z Draw. ; 533950 Seq. / — an n,a O/ 055 :.EXHIBIT "A" J. O. M. S. • 0 F, TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER DATE: JULY 2, 1987 RE: LICENSE RENEWAL AGREEMENT - ZAPOPAN PARK Southern California Edison has forwarded the attached License Renewal Agreement for Zapopan Park to the City for execution. The term of the agreement is July 1, 1987 to June 30, 1990. Recommendation It is recommended that the City Council authorize the Mayor to execute and sign the License Renewal Agreement. FGT /cml COUNCIL AGENDA JUL 1 4 1987 ITEM No. /?/,-" " Southern California Edison Company P. O. BOX 2217 221 SOUTH BROOKHURST FULLERTON, CALIFORNIA 92633 REAL PROPERTIES DEPARTMENT City of Rosemead City Manager 8838 East Valley Blvd. Rosemead, CA 91770 Gentlemen: SUBJECT: License Agreement Gould -Mesa 220kV T/L R/W Our File No. 01 -66 -055 TELEPHONE (714) 870 -3115 June 16, 1987 The enclosed Agreement has been prepared at your request. It has been executed on behalf of the Southern California Edison Company. The copy marked "Licensee's Copy" is for your records. Please sign the copy marked "File Copy" in the space provided, and return it promptly to us in the enclosed envelope. Please enclose your check in the amount of $600.00 for the first year's rent. Subsequent years will be billed directly by our Financial Accounting Department. This Agreement is not valid until we have received your check in the above amount. Your attention is called to Paragraph 10 "Licensee's Improvements" of the enclosed License. Please read and review this clause. In addition, please note Paragraph 5 "Liability Insurance" of the enclosed License requires you to secure and keep in force a $1,000,000.00 insurance policy including Southern California Edison Company as an additional insured. If you have any questions concerning this Agreement, please call me at (714) 870 -3140. Very trul y yours, i C I A. J. APARICIO Right of Way Agent Property Management 0472p:mo Enclosures CITY OF' ROSEMEAD A MUNICIPAL CORPORATION L I C E N S E A G R E E M E N T I N D E X 1. USE 2. TERM 3. CONSIDERATION 4. NOTICES 5. LIABILITY INSURANCE 6. HEIGHT LIMITATIONS 7. ASSIGNMENTS 8. NON - POSSESSORY INTEREST 9. I._ICENSOR'S RESERVATIONS 10. LICENSEE'S IMPROVEMENTS 11. ACCESS AND CLEARANCES 12. PARKING 13. FLAMMABLES, WASTE AND NUISANCES 14. PESTICIDES AND HERBICIDES 15. UNDERGROUND TANKS 16, HA7_ARDOUS WASI'E 17. UNDERGROUND FACILITIES 18. IRRIGATION EQUIPMENT 19. PARKWAYS AND LANDSCAPING 20. FENCING 21. SIGNS 22. AUTHORITY 23. INDEMNIFICATION 24. UFILITIES 25. TAXES, ASSESSMENTS AND LIENS 26. GOVERNING LAW 27. HOLDING OVER 28. TERMINATION 29. ABANDONMENT 30. REMEDIES 31. ATTORNEY'S FEE 32, RECORDING ADDENDUM VEHICLE PARKING FILE COPY. 01- 66 -055AA E LICENSE AGREEMENT 0 01- 66 -055AA THIS AGREEMENT, made as of the � Ljfday of __ 1. 19 between SOUTHERN CALIFORNIA EDISON COMPANY, a corpora. 0 n organized under the laws of the State of California, hereinafter called " L.icensor:, and 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 and referred to as "licensed property," solely for the purpose hereinafter specified, upon and subject to the terms, reservations. covenants and conditions hereinafter set forth. The licensed property hereinabove referred to is .located in the City of Rosemead, County of Los Angeles, State of California, and is further described as Follows: All of Parcel 32 and those portions of Parcels 31. and 33 as same are shown on a Licensed Surveyor's Map of Property owned by Southern California Edison Company Ltd., filed in Book 30, pages 16 to 20, inclusive, of Record of Surveys, in the office of the County Recorder of said County, more particularly shown on the map attachod hereto, rnarked EXH:CBIT "A ", and by this reference made a part hereof. The hereinabove described licensed property is shown on the print attached hereto, marked Exhibit "A ", said print being for information purposes only. SUBJECT TO: Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record. 1. Use: The foregoing license is made subject to the following terms and conditions, all of which Licensee hereby agrees to comply with and perform. Additionally, this License agreement is made subject :including the to the terms and conditions of the addendum attached hereto and made a part hereof, all of which Licensee further agrees to comply with and perform. 1. Use: Licensee agrees to use the licensed property for park and automobile parking 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 and Licensee is not relying on any such representation, covenant, warranty or promise. —1 -- • 0 2. Term: Unless otherwise terminated as provided herein, this license shall be for a term of three (3) years commencing on July 1, 1987, and ending on June 30, 1990. 3, Consideration: Licensee agrees to pay to Licensor the sum of Six Hundred and 00 /100 Dollars ($600.00) upon the execution and delivery of this license for the first year of said license, and Six Hundred and 00 /100 Dollars ($600.00) for each succeeding year of said license term, payable annually :in advance on the 1s L- day of July of each succeeding year of said license term. All payments subsequent to the initial payment should be paid to the Southern California Edison Company, Post Office Box 800, Rosemead, California, 91770, Attention: Corporate Accounting Department - Financial Accounting. All accounts not paid within 30 days of the agreed due date will be charged a "late charge" at the maximum rate allowed by law. 4. Notices: All notices which are required to be given by either party hereto to the other, shall bo deemed to have been duly given when 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 Department Property Management Section P. 0. Box 410 Long Beach, California 90801 To Licensee: City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 Telephone No, 818/288 -2400 Licensee agrees to promptly notify Licensor of any address change. 5. Liability Snsuranc.e: Licensee agrees to insure: its liabilities which may arise 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 shall include Licensor as an additional insured. Licensee agrees to provide evidence of such insurance upon request. 6. Height Limitations: Licensee agrees that at all times during the term of this license any equipment used by it or its agent employees or contractors on and adjacent to the licensed property shall be used and operated so as to at all times maintain a minimum clearance of seventeen (17) feet from all overhead electrical conductors located on said licensed property. -2- • 0 Licensee also agrees that all trees or plants located on the licensed property shall be maintained by Licensee and Licensee shall trim or if requested by Licensor shall remove any tree or other planting which exceeds fifteen (15) feet in height. 7. Assignments: This license is personal to Licensee, and Licensee shall not assign or transfer this license or any privilege thereunder, in whole or in part, and any attempt so to do shall be void and shall confer no right on any third party. 8. Non — Possessory Interest: 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 and Licensee agrees to claim no such interest. 9. Licensor's_Reser_vati_ons: Licensor reserves for itself, its successors and assigns the right to construct, maintain, including the periodic washing of Licensor's electrical insulators, operate, repair, replace and /or inspect, in, on, over, under and across said licensed property, electric power lines, telephone lines and /or pipelines or conduits, together with appurtenant structures. Licensor also reserves 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 the aforementioned rights may be exercised without the payment of any compensation or damages whatsoever for destruction ol= or damage to crops or personal property on the licensed property resulting from the exercise of said rights. 10. Licensee's Improvements: Licensee must submit complete improvement plans for the licensed property, .including grading plans, identifying all. existing and proposed improvements. Licensee shall. obtain L.icensor's written approval of said plans, including any subsequent modification thereof, prior to making any use of the licensed property. Said written approval may be. modified and /or rescinded if the Licensoe's operating requirements are changed for any reason whatsoever. In any event, however, the Licensee may be required to modify and /or remove any or all such previously approved buildings and /or structures at Licensee's sole risk and expense and without any compensation from Licensor. 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. —3— 0 0 11. Access and Clearances: Licensee shall provide Licensor with adequate access to all of Licensor's facilities and at no time is there to be any interference with the free movement of Licensor's equipment and materials. If required at any time by Licensor, Licensee shall provide, at its own expense, access roads sixteen (16) feet in width together with commercial driveway aprons and curb depressions as specified by Licensor. Said roads, commercial drive- way aprons and curb depressions shall be capable of supporting a gross load of forty (40) tons on a three -axle vehicle, and .shall be maintained by Licensee, at Licensee's expense, so as to be passable at all times, and shall be kept clear of any planting or other obstructions at all times so as to provide ready access to Licensor's facilities. In connection with the use of said licensed property, it is specifically agreed that Licensee shall, unless otherwise specified in writing by Licensor, make no use of the area directly underneath Licensor's towers and shall maintain the following clearances, at all times: a. A 25- foot - radius around all tower legs. b. A 10 -foot- radius around all steel poles. C. A 5 -foot- radius around all wood poles. 12. parking: Licensee agrees riot to park, store, repair or refuel any motor vehicles or to allow the parking, storage, repairing or refueling of any motor vehicles on any portion of said licensed property, unless specifically approved in writing by Licensor. 13. Flammables,_Waste and Nuisances: Licensee agrees that it will not place or store any Flammable materials within the boundaries of the licensed property, that it will not cornmil_ any waste or damage, nor suffer any to be done. Licensee also specifically agrees that it will. not allow others to take such actions within the boundaries of the licensed property. Licensee further agrees that - it will keep the licensed property clean, free from weeds, rubbish and debris, and in a condition satisfactory to Licensor. Licensee shall also provide adequate controls for dust, odors and noise and take appropriate steps necessary to prevent dust contamination of Licensor's facilities located on, near or adjacent to the licensed property. Licensee also agrees to take preventive action to eliminate such dust, odors, noise or any other nuisance which may disturb the adjacent or nearby community and agrees to be. responsible for and to assume all liability for such dust, odor, noise or other nuisance disturbances. 14. Pesticides_ and._ Herbicides: Licensee agrees that any pesticide or herbicide applications on the licensed property shall be made in accordance with all Federal, State, County and local. laws. Licensee Further agrees to dispose of any pesticides, herbicides or any other toxic substances which are declared to be either a health or environmental hazard in such a manner as prescribed by law. This will include, bUt not be limited to, contaminated containers, clothing, equipment or any other contaminated material. -4- n E 15. Underground Tanks: Notwithstanding anything to the contrary set forth in this agreement-, licensee shall not have the right to install underground or above— ground storage tanks, as de Fined by any and all applicable laws or regulations, without the prior written consent of the Licensor. 16. Haz_ard_ous Waste: Licensee shall not engage in, or permit any other party to engage in, any activity on the premises that violates any federal, state or local laws, rules or regulations pertaining to hazardous, toxic or infectious materials and /or waste. Licensee shall 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 actions, expenses and /or liability arising from leaks of, spills of, and /or contamination by or from hazardous materials and /or wastes as defined by applicable laws or regulations, which are attributable solely to the actions of, or failure to act- by, Licensee. 17. Underground Facilities: Any underground facilities installed or maintained by Licensee within the licensed property shall have a minimum cover of three feet. All. said underground facilities shall be constructed so as to withstand a gross load of forty (40) tons on a three —axle vehicle. 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 construct 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. Licensee shall compact any earth disturbed by Licensee within licensed property to a compaction of ninety (90 %) percent. 18. Irrigation Equipment: Licensee agrees that any and all irrigation pipelines, well pumping equipment and other structures, buildings and fixtures appurtenant thereto, hereinafter collectively referred to as "irrigation equipment- ", located on the licensed property at the commencement of Licensee's occupancy thereof, are the property of Licensor and shall remain upon and be surrendered with the premises upon the termination of this license or any renewal. or extension thereof. In consideration of the. privilege of using the same., Licensee agrees to maintain, operate, repair and replace V necessary, at L'icensee's sole cost and expense, said '.irrigation equipment during the continuance of this license. Any irrigation equipment placed on the licensed property by Licensee, the installa- tion of which is made. with the consent of Licensor and for which a rent adjustment is made, and all irrigation equipment- :installed by Licensee to replace such equipment located on said licensed property at the time Licensee entered into possession thereof, shall thereupon —5— • 0 be and become the property of Licensor and shall remain upon and be surrendered with the licensed property upon the termination of this license or, any renewal or extension thereof. Licensee agrees to promptly deliver to Licensor a good and sufficient bill of sale for all such irrigation equipment installed on said licensed property at the time the same is installed. Licensee further agrees that no such irrigation equipment shall be purchased on other than a cash basis. 19. Parkways and Landscaping: Licensee agrees to keep parkway and sidewalk areas adjacent to said licensed property free of weeds and trash. Licensee further agrees to maintain said parkways and to provide landscaping in a manner that is compatible with the adjoining properties and in a manner satisfactory to Licensor. 20. Fencinq: Licensee may install fencing on said licensed property, provided Licensee obtains the prior written approval of Licensor therefor. In the event Licensee installs fencing, double drive gates sixteen (16) feet in width shall. be provided in such locations as specified by Licensor and shall be designed to accom- modate Licensor's locks. Any metallic fencing shall be effectively grounded by Licensee. Licensee agrees to promptly deliver to Licensor, a good and sufficient bill of sale for said fencing and agrees to maintain said fencing at Licensee's sole cost and expense. Notwithstanding the above, Licensee shall not install., operate or maintain or cause or permit to be installed, operated or maintained any electrically charged fence on the licensed property. 2.1. Signs: Licensee agrees not to allow the construction or placement of any sign, signboard or other form of outdoor advertising on said licensed property, without prior written approval of Licensor. In the event of a violation of this provision by Licensee or any one claiming under Licensee, Licensor shall have the right to enter upon said licensed property and to remove and dispose of any such sign, signboard or other outdoor advertising and to charge the cost and expense of any such removal and disposal. to Licensee who agrees to pay the same on demand. 22. Authority_: This license is given pursuant to the author- ity 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, 23. Indemnification: Licensee hereby agrees 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 actions, expense and /or liability arising From or growing out of loss or damage to property, including Licensor's own :personal property, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or -indirectly, by reason of this license or the use or occupancy of said licensed property by Licensee or any person claiming under Licensee. —6— 24. Utilities: Licensee agrees to pay 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 during the continuance of this license. It is further agreed that in the event Licensee shall. fail. to pay the above— mentioned charges when due, Licensor shall have the right to pay the same and charge the amount thereof to Licensee, who agrees to pay the same on demand, together with interest at the maximum rate allowed by law from the date of expenditure by Licensor. 25. Taxes, Assessments and Liens: Licensee agrees to pay, when due, all taxes and assessments which may be. levied upon any crops or personal property which Licensee caused to be grown, placed or maintained upon the said licensed property, and agrees to keep said licensed property free from all liens, including but not limited to mechanics liens, and encumbrances by reason of the use or occupancy of said licensed property by Licensee or any person claiming under Licensee. It is further agreed that in the event Licensee shall fail to pay the above — mentioned taxes, assessments, or liens when due, Licensor shall have the right to pay the same and charge the amount thereof to Licensee, who agrees to pay the same on demand, together with interest at the maximum allowed by law from the date of expenditure by Licensor. 26. Governing,_Law: Licensee agrees that in the exercise of its rights under this license, Licensee shall comply with all applicable Federal, State, County and local laws, and regulations in connection with its use of the licensed property. 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. 27. Hold M_Over: It is further agreed that if Licensee shall retain possession of said licensed property beyond the term hereof, or any renewal or extension hereof, without 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' prior notice in writing for that purpose, and shall be subject to all of the terms, covenants and conditions of this .license, and Licensee shall pay for such license during any such holding over, at the last prevailing raise specified in paragraph 3, "Consideration" hereof. 28. Termination: The parties hereto agree that during the initial term or any extension thereof, this license may be canceled and terminated by either Licensor or Licensee, at any time, upon sixty (60) days' notice in writing to that effect given by e.i.ther party hereto to the other. In such event or when this l-i.ceu•ise expires, Licensee agrees, if so requested in writing by Licensor, to remove at that time all of its personal property from the licensed property and to restore the ground to as near its original condition —7— and appearance as possible within said period of sixty (60) days, at its sole expense and risk. No such termination, 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 Mime of, or by reason of such termination, cancellation or expiration. Upon the termination of this license by the expiration of the terra hereof or otherwise, Licensee agrees to peaceably quit: and surrender the licensed property to Licensor in good order and condi- tion. 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, unless otherwise agreed in writing by Licensor, but this shall not prevent Licensor from requiring Licensee to remove, at Licensee's expense and risk, any and all such property remaining upon the licensed property. 29. Abandonment: 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 Ninety (90) days, then at the option of Licensor, the license hereby granted shall be deemed terminated without further notice. Upon such termination, Licensee agrees to comply with the conditions as specified in paragraph 28, "Termination" hereof. 30. Remedies: 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, this license and al.l 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 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 interest at the maximum rate allowed by law from the date of expenditure by Licensor. 31. Attorneys' Fees: 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. 32. Recording: Licensee agrees that it will not record this License. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate as of the day and year herein first above written. 282. /ba SOUTHERN CALIFORNIA EDISON COMPANY Manager of Real Properties Department LICENSOR CITY OF ROSEMEAD, A MUNICIPAL CORP. m —9— LICENSEE A D D E N D U M VEHICLE PARKING A. Licensee agrees that the improvements for vehicle parking planned to be installed on the licensed property, the location thereof and all. specifications relative thereto, shall be subject to the prior written approval of Licensor, including any later modifications thereto. Licensee further agrees to maintain said parking improvements at all times in a safe condition satisfactory to the Licensor. B. Licensee agrees that in the relocation of any portion Licensee will relocate same, and in a manner satisfactory within sixty (60) days after do so. event the Licensor requires the of said parking improvements, at its sole cost, to a location o Licensor in its sole discretion receiving notice from Licensor to C. Licensee agrees that no portion of the licensed property shall be used to satisfy the minimum parking requirements of any governmental agency. D. Licensee agrees that the vehicles to be parked shall be limited to those owned by Licensee, Licensee's tenants, and their respective employees, invitees, customers and visitors. Licensee further agrees not to allow the storage, repairing or refueling of any vehicles on the licensed property. I I Licensee's Initials —10— Q SO � (�3r'c]PJ� sNC6 P h / A � 0 5� �3a�skv.�i� all Ccu-�� P��Ic Qcci, G a° PFRKIa16 LOT v . — fARKlya LeT pM S� f]° 93 p EXHIBIT "A" _ P.I.D. 1 5612 10 Z. 6.4,Q VIE ASE. S3 39S0 l� Seri . ¢ 11. x,o r:la + 0/66055 o Q E" IT 6f „ J. O. M. S. ® Lond I - t3cct_, ZZO.C✓ 7 -14-^`- /' Po.,t Pu'o -'"S rice S.C.E.Co L. /LFWSr. To 7`f/E (11-11 `1 SER. 42.lzzC Southern Callfornia Edison Company P. O. BOX 2217 221 SOUTH BROOKHURST FULLERTON. CALIFORNIA 92633 REAL PROPERTIES DEPARTMENT TELEPHONE 17111870 3 1 1 5 City Manager February 20, 1987 City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 Dear Sir: SUBJECT: License Renewal - Park /Vehicle Parking Eagle Bell 220 KV T/L R/W Our File No. 01 -66 -055 Your present Agreement covering use of Southern California Edison Company land will expire June 30, 1987. Subject to our Management's approval, your license will be renewed for an additional three -year term at the following Rental Rate: First year $600.00 Second year $600.00 Third year $600.00 Should you decide to renew, we will be preparing a new license agreement to replace the original license. This is necessary because of revisions made in our standard license form. Please indicate below whether or not you wish to renew the agreement and return this letter with a map showing the locations of roads, fences, buildings and shade structures existing within the licensed area. If you have any questions, please call me at (714) 870 -3127. Very truly yours, l A. J. APARIC O Right of Way Agent Property Management 0088p /af I do( ) /do no ) wish to the above- mentione&Agreement. Signed: t Address: Telephone: LICENSEE'S COPY z , r � M � rJ 0 0 R/W File No.: 01- 66- 055BPH PARK LICENSE THIS AGREEMENT, made as of the 19T day of inly ' 1994 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: All of Parcel 32 and those portions of Parcels 31 and 33 as same are shown on a Licensed Surveyor's Map of Property owned by Southern California Edison Company Ltd., filed in Book 30, pages 16 to 20, inclusive, of Record of Surveys, in the office of the County Recorder of said County, more particularly shown on the map attached hereto, 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. J 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 and automobile parking purposes only. Licensor makes no representa- tion, 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 three (3) years commenc- ing on July 1, 1984, and ending on June 30, 1987. 3. Licensee agrees to pay to Licensor, the sum of Six Hundred and 00 /100 ($600.00) Dollars upon the execution and delivery of this license for the first year, and Six Hundred and 00 /100 ($600.00) Dollars on the first day of July of each succeeding year of said license term. ORHGINAL 0 0 All payments subsequent to the initial payment should be paid to the Southern California Edison Company, P. O. Box 800, Rosemead, California, 91770, Attention: Controller's Department - Financial Accounting. 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 prop- erty, 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 prop- erty, 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. iIn 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 (3) feet in order to avoid 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 construct 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 backfill- ing within the licensed property shall be compacted to ninety (90) percent in order to avoid future erosion, and in no case shall soil be disturbed within fifteen (15) feet of Licensor's existing tower footings. 0 0 (f) No facilities.shall be permitted on the licensed property without the express written consent of Licensor. All facilities 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. (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. (o) All final plans, including but not limited to grading plans, shall be submitted to Southern California Edison Company, P.O. Box 2217, Fullerton, California, 92633, Attention: Right of Way and Land 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. 0 0 8. This license is given pursuant to the authority of and upon and subject to the conditions prescribed by General Order No. 69 -B of the Public Utilities Commission of the State of California dated and effective September 10, 1963, which General Order No. 69 -B, 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 permis- sion given herein, its contractors, employees and other agents will maintain 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. (a) Licensee agrees that the vehicles to be parked shall be limited to those owned by Licensee, its employees, invitees, customers and park visitors. (b) The licensee agrees that the arrangement of parking spaces on said licensed property shall be subject to and require the written approval of Licensor prior to the commencement of the parking of vehicles. In no event shall vehicles be permitted to be parked under Licensoe's conductors. (c) Licensee agrees that overnight parking of vehicles on licensed property is prohibited. In order to enforce this requirement the Licensee shall be responsible for locking the entrance gates at Garvey Avenue nightly. 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. 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. 9 0 15. The parties hereto agree that this license may be canceled and terminated by either Licensor or Licensee, at any time, upon ninety (90) 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 ninety (90) days, at its sole expense and risk. No such termination or cancellation or expiration hereof shall release Licensee from any liability or obli- gation (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 expira- tion of the term hereof 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 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 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 ($1,000,000.00) Dollars for injury to or death of one person in any one occurrence; and not less than One Million ($1,000,000.00) Dollars for damage to Licensed Property in any one occurrence. Such insurance is to be placed with companies and be in a form satis- factory 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 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 municipal, 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 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 (10 %) percent interest, or the maximum allowed by law, from the date of expenditure by Licensor. 22. In case Licensor shall bring suit to compel perfor- mance 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. i • 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 Right of Way and Land Department Property Management Section P. O. Box 410 Long Beach, California 90801 To Licensee: City of Rosemead 8838 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 a prorata basis 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. 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. i 9 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the date first above set forth. 632t /jac SOUTHERN CALIFORNIA EDISON COMPANY By C. J. Lo rison, Ua Manager of Right of Way and CITY OF °0 pgTOFORW I ppPROa _BURX COU BY /_ , � fr� 01WGINAL LICENSOR LICENSEE CrA,PVE 0 i / v r V FORM RW 40 JM Y -El V 1V I� �Ol cp I a° �. I G- H o Al P I,� I l 1 E Q� mi 200'1 =/, Lgnd described in License J. 0. M. S.s4-&BSW Fpr ,Oar,E purposes firm S C,E.Co. Ea /e Be // 22� A-V �Yla,,00 showii�q /ocatioq of /rno oescriJc " /n L/C¢ns¢ for AarK ouroo_s¢S from J -G E. Go• fa �`hc� Gfy of .c�oSQm ¢a Los .4n e /es Counf SER. 42172.4 SOUTHERN CALIFORNIA EDISON CO. 40 • • TO: FRANK G. TRIPEPI, CITY MANAGER FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATIO DATE: JULY 26, 1984 RE: LICENSE RENEWAL AGREEMENT - ZAPOPAN PARK Southern California Edison Company has forwarded the License Renewal Agreement for Zapopan Park to the City for execution. Funds were provided in this year's budget for the lease fees and staff would recommend that the Mayor be authorized to execute the License Renewal Agreement. MDB:nv Attachment I COUNCIL AGENDA AUC 14 '1984; ITEM No. -� Southern California Edison Company P.O. BOX 2217 221 SOUTH BROOKHURST FULLERTON, CALIFORNIA 92633 C. J. LOWERISON, JR. MANAGER OF July 13, 1984 RIGHT OF WAY AND LAND Mr. Frank G. Tripepi City Manager City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 Dear Mr. Tripepi: SUBJECT: License Renewal Agreement our File No. 01 -66 -055 OF ny i,I'LL ?A q `0j The enclosed agreement has been prepared at your request. It has been executed on behalf of the Southern California Edison Company. The Licensee's Copy is for your records. Please sign the File Copy in the space provided and return it to us, in the enclosed envelope, with your check for $600 as payment for the first year's rental. The attached Agreement is invalid until payment has been received at this office. Please note that you are required, as part of the renewal agree- ment, to increase the liability insurance to $1,000,000 as pro- vided for in Paragraph 18 of the original license. If you have any questions concerning this agreement, please call me at (714) 870 -3140. Very truly yours, b. nY B. P. HUBBARD Right of Way Agent Property Management mo Enclosures E 0 0 Southern California Edison Company P.O. BOX 2217 221 SOUTH BROOKHURST FULLERTON, CALIFORNIA 92633 C. J. LOWERISON, JR. MANAGEROF RIGHT OF WAY AND LAND Mr. Frank G. Tripepi City Manager City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 Dear Mr. Tripepi: SUBJECT: License Renewal Agreement our File No. 01 -66 -055 July 13, 1984 N The enclosed agreement has been prepared at your request. It has been executed on behalf of the Southern California Edison Company. The Licensee's Copy is for your records. Please sign the File Copy in the space provided and return it to us, in the enclosed envelope, with your check for $600 as payment for the first year's rental. The attached Agreement is invalid until payment has been received at this office. Please note that you are required, as part of the renewal agree- ment, to increase the liability insurance to $1,000,000 as pro- vided for in Paragraph 18 of the original license. If you have any questions concerning this agreement, please call me at (714) 870 -3140. Very truly yours, .6 . P. Q -.C� B. P. HUBBARD Right of Way Agent Property Management mo Enclosures N 0 0 R/W File No.: 01- 66- 055BPH PARK LICENSE / THIS AGREEMENT, made as of the /7 ¢ day of , 19 g between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation an orgnrized 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 y: the City of Rosemead, County of Los Angeles, State of California, hereinafter referred to as "licensed property" and described as z follows: All of Parcel 32 and those portions of Parcels 31 and 33 cj as same are shown on a Licensed Surveyor's Map of Property O ,r,1 owned by Southern California Edison Company Ltd., filed in Book F_ .: 30, pages 16 to 20, inclusive, of Record of Surveys, in the office of the County Recorder of said County, more particularly shown on the map attached hereto, marked EXHIBIT "A ", and by ;11 this reference made a part hereof. you ` - -�- SUBJECT TO: r Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record. �1p I 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 and automobile parking purposes only. Licensor makes no representa- tion, 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 three (3) years commenc- ing on July 1, 1984, and ending on June 30, 1987. 3. Licensee agrees to pay to Licensor, the sum of Six Hundred and 00 /100 ($600.00) Dollars upon the execution and delivery of this license for the first year, and Six Hundred and 00 /100 ($600.00) Dollars on the first day of July of each succeeding year of said license term. ORMINAL. All payments subsequent to the initial payment should be paid to the Southern California Edison Company, P. O. Box 800, Rosemead, California, 91770, Attention: Controller's Department - Financial Accounting. 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 prop- erty, 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 prop- erty, 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 Licensee'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 (3) feet in order to avoid 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 construct 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 backfill- ing within the licensed property shall be compacted to ninety (90) percent 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 facilities 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. (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. (o) All final plans, including but not limited to grading plans, shall be submitted to Southern California Edison Company, P.O. Box 2217, Fullerton, California, 92633, Attention: Right of Way and Land 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 -B of the Public Utilities Commission of the State of California dated and effective September 10, 1963, which General Order No. 69 -B, 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 permis- sion given herein, its contractors, employees and other agents will maintain 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. (a) Licensee agrees that the vehicles to be parked shall be limited to those owned by Licensee, its employees, invitees, customers and park visitors. (b) The licensee agrees that the arrangement of parking spaces on said licensed property shall be subject to and require the written approval of Licensor prior to the commencement of the parking of vehicles. In no event shall vehicles be permitted to be parked under Licensor's conductors. (c) Licensee agrees that overnight parking of vehicles on licensed property is prohibited. In order to enforce this requirement the Licensee shall be responsible for locking the entrance gates at Garvey Avenue nightly. 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. 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 ninety (90) 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 ninety (90) days, at its sole expense and risk. No such termination or cancellation or expiration hereof shall release Licensee from any liability or obli- gation (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 expira- tion of the term hereof 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 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 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 ($1,000,000.00) Dollars for injury to or death of one person in any one occurrence; and not less than One Million ($1,000,000.00) Dollars for damage to Licensed Property in any one occurrence. Such insurance is to be placed with companies and be in a form satis- factory 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 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 municipal, 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 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 (10 %) percent interest, or the maximum allowed by law, from the date of expenditure by Licensor. 22. In case Licensor shall bring suit to compel perfor- mance 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 Right of Way and Land Department Property Management Section P. O. Box 410 Long Beach, California 90801 To Licensee: City of Rosemead 8838 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 a prorata basis 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. 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. 0 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the date first above set forth. 632t /jac 1 SOUTHERN CALIFORNIA EDISON COMPANY By C. J:" Lovrerison, if. / Manager of Right of Way and t, d CITY OF ROSEMEAD m ORMINAL LICENSOR LICENSEE W 0 V V So I I i DEL 74 PL —�--- I • Pc% 34 -= 6 V G le ,R 200 I / / �4 Lgnd J.0. M. S.s4 -BBSw iY1ap,p Sha wii�q /o C4 rion ev- lcrnv" orscriDc /i! L /C¢n s¢ for OgrK ourpo_r¢s rrp ryr thC' c: 131 of .coSQ.n¢a Los A.�QO /ens County SER. - 12172- SOUTHERN CALIFORNIA EDISON CO. ro"m RW 40 ]M 9.01 Southern California Edison Company P.O. BOX 410 100 LONG BEACH BLVD. LONG BEACH, CALIFORNIA 90001 C. J. LOWER ISO N, JR. MPNHC ER OF RIGHTOF WAY AND LAND Mr. Frank G. Tripepi City Manager City of Rosemead 8838 East Valley Blvd. Rosemead, California 91770 Dear Mr. Tripepi: Subject: our Gould -Mesa 220KV T/L R/W Zapopan Park License February 27, 1984 Reference is made to your request to improve a portion of Zapopan Park, lying within our subject transmission line right of way, in conjunction with the city's new community center development. Your site plan for this development has been approved, sub- ject to the terms and conditions of the attached Exhibit "A ", which are hereby made a part of the existing park license renewal dated March 13, 1981. Please acknowledge your acceptance by countersigning and returning the enclosed copy of this letter. Very truly yours, r7y-i.va� � Attachment • 0 EXHIBIT "A" 1. Adequate access to all structures must be provided and at no time is there to be any interference with the free movement of Edison Company equipment and materials. 2. All equipment working on the right of way must maintain a minimum clearance of 25 feet from all overhead con- ductors. 3. Construction area must be watered down periodically so as to prevent dust contamination of Edison Company in- sulators. Any maintenance required by Edison on its facilities over and above normal, and resulting from this operation, shall be paid for by the city of Rosemead. 4. Additional structures will not be permitted on the right of way. 5. The licensed area shall be cleared of all encroachments or modified to meet Edison's requirements at licensee's expense upon 180 days written notice, or sooner if re- quired under the provisions of General Order 69B of Public Utilities Commission of the State of California. 6. Any earth disturbed within the right of way and /or back - filling shall be compacted to 90 percent. 7. Commercial -type driveways 25 feet wide with curb depres- sions capable of supporting 40 tons on a three -axle truck shall be installed as shown on the attached print. 8. Adequate grounding must be provided on all fencing and metallic structures. 9. Underground facilities installed on the right of way must be capable of withstanding a gross load of 40 tons on a three -axle truck. 10. Parking shall not be allowed if it is a requirement to satisfy local zoning or city ordinances. 11. Flammable material must not be stored on the right of way. 12. Any trees or plants within the license area shall be main- tained by the city of Rosemead and shall not exceed a height of 15 feet. 13. The proposed driveway, parking area, and walkways shall be capable of withstanding a gross load of 40 tons on a three - axle truck. E (Exhibit "A ", page 2) El 14. The proposed steel post with chain, shown on said site plan as Item 16, is not acceptable. The City shall in- stall double 10 -foot wide pipe gates (forestry type) at these locations. 15. A new chain -link access gate 6 feet high and 4 feet wide shall be installed on the fence around M2 /T5 of the Mesa - Ravendale -Rush 66kV T/L as shown on said site plan. 16. Overnight parking of vehicles on the proposed lot is pro- hibited. In order to enforce this requirement, the City shall be responsible for locking the gates onto Garvey Avenue nightly. 17. The City's plans for the community center indicate that the new building will not require a building setback. It is to be understood that no part of the proposed building will encroach whatsoever onto the Edison Company's right of way. 0 0 Southern California Edison Company P.O. BOX 910 100 LONG BEACH BLVD. LONG BEACH. CALIFORNIA 90801 C: J. LOWE Ft ISO N, JR. MANAGER OF RIGHT OF WAY AND LAND Mr. Frank G. Tripepi February 27, 1984 City Manager City of Rosemead 8838 East Valley Blvd. Rosemead, California 91770 Dear Mr. Tripepi: Subject: Our Gould -Mesa 220KV T/L R /S9 Zapopan Park License Reference is made to your request to improve a,portion of Zapopan Park, lying within our subject transmission line right of way, in conjunction with the city's new community center development. Your site plan for this development has been approved, sub- ject to the terms and conditions of the attached Exhibit "A ", which are hereby made a part of the existing park license renewal dated March 13, 1981. Please acknowledge your acceptance by countersigning and returning the enclosed copy of this letter. Attachment bcc: R.W. Bray BPH /sjv APPROVED AND ACCEPTED: Very truly yours, Frank G. Ttioepi Date' Southern California Edison Company P.O. BOX 410 100 LONG BEACH BLVD. LONG BEACH, CALIFORNIA 90801 C. J. LOWER ISON, JR. MANAGER OF RIGHTOF WAY AND LAND Mr. Frank G. Tripepi City Manager City of Rosemead 8838 East Valley Blvd. Rosemead, California 91770 Dear Mr. Tripepi: Subject: Our Gould -Mesa 220KV T/L R/W Zapopan Park License February 27, 19.84 Reference is made to your request to improve a portion of Zapopan Park, lying within our subject transmission line right of way, in conjunction with the city's new community center development. Your site plan for this development has been approved, sub- ject to the terms and conditions of the attached Exhibit "A ", which are hereby made a part of the existing park license renewal dated March 13, 1981. Please acknowledge your acceptance by countersigning and returning the enclosed copy of this letter. Very truly yours, Attachment 1 2. 0 EXHIBIT "A" 0 Adequate access to all structures must be provided and at no time is there to be any interference with the free movement of Edison Company equipment and materials. All equipment working on the right of way must maintain a minimum clearance'of 25 feet from all overhead con- ductors. 3. Construction area must be watered down periodically so as to prevent dust contamination of Edison Company in- sulators. Any maintenance required by Edison on its facilities over and above normal, and resulting from this operation, shall be paid for by the city of Rosemead. 4. Additional structures will not be permitted on the right of way. 5. The licensed area shall be cleared of all encroachments or modified to meet Edison's requirements at licensee's expense upon 180 days written notice, or sooner if re- quired under the provisions of General Order 69B of Public Utilities Commission of the State of California. 6. Any earth disturbed within the right of way and /or back- filling shall be compacted to 90 percent. 7. Commercial -type driveways 25 feet wide with curb depres- sions capable of supporting 40 tons on a three -axle truck shall be installed as shown on the attached print. 8. Adequate grounding must be provided on all fencing and metallic structures. 9. Underground facilities installed on the right of way must be capable of withstanding a gross load of 40 tons on a three -axle truck. 10. Parking shall not be allowed if it is a requirement to satisfy local zoning or city ordinances. 11. Flammable material must not be stored on the right of way. 12. Any trees or plants within the license area shall be main- tained by the city of Rosemead and shall not exceed a height of 15 feet. 13. The proposed driveway, parking area, and walkways shall be capable of withstanding a gross load of 40 tons on a three- h ;,r axle truck. 0 (Exhibit "A ", page 2) 46 14. The proposed steel post with chain, shown on said site plan as Item 16, is not acceptable. The City shall in- stall double 10 -foot wide pipe gates (forestry type) at these locations. 15.- A new chain -link access gate 6 feet high and 4 feet wide shall be installed on the fence around M2 /T5 of the Mesa - Ravendale -Rush 66kV T/L as shown on said site plan. 16. Overnight parking of vehicles on the proposed lot is pro- hibited. In order to enforce this requirement, the City shall be responsible for locking the gates onto Garvey Avenue nightly. 17. The City's plans for the community center indicate that the new building will not require a building setback.. It is to be understood that no part of the proposed building will encroach whatsoever onto the Edison Company's right of way. Southern California Edison Company P.O. BOX 410 100 LONG BEACH BLVD. LONG BEACH, CALIFORNIA 90801 C; J. LOWE RISO N•JR. MANAGER OG RIGHT OF WAY AND LAND Mr. Frank G. Tripepi February 27, 1984 City Manager, City of Rosemead 8838 East Valley Blvd. Rosemead, California 91770 Dear Mr. Tripepi: Subject: Our Gould -Mesa 220KV T/L R/W Zapopan Park License Reference is made to your request to improve a portion of Zapopan Park, lying within our subject transmission line right of way, in conjunction with the city's new community center development. Your site plan for this development ject to the terms and conditions of which are hereby made a part of the renewal dated March 13, 1981. Please acknowledge your acceptance returning the enclosed copy of this Attachment boo: R.W. Bray BPH /sjv APPROVED AND ACCEPTED: has been approved, sub - the attached Exhibit "A ", existing park license Dy countersigning and letter. Very truly yours, l� Frank G. Tfip i Ddte 0 0 CITY OF ROSEMEAD, A MUNICIPAL CORPORATION L I C E N S E A G R E E M E N T I N D E X 1. USE 2. TERM 3. CONSIDERATION 4, NOTICES 5. LIABILITY INSURANCE 6. HEIGHT LIMITATIONS 7. ASSIGNMENTS 8. NON- POSSESSORY INTEREST 9. LICENSOR'S RESERVATIONS 10. L'ICENSEE'S IMPROVEMENTS 11. 'ACCESS AND CLEARANCES 12. PARKING 13.' FLAMMABLES, WASTE AND NUISANCES 14. PESTICIDES AND HERBICIDES 15. UNDERGROUND TANKS 16. HAZARDOUS WASTE 17. UNDERGROUND FACILITIES 18. IRRIGATION EQUIPMENT 19. PARKWAYS AND LANDSCAPING 20. FENCING 21. SIGNS 22. AUTHORITY 23. INDEMNIFICATION 24. UTILITIES 25. TAXES, ASSESSMENTS AND LIENS 26. GOVERNING LAW 27. HOLDING OVER 28. TERMINATION 29. ABANDONMENT 30. REMEDIES 31. ATTORNEY'S FEE 32. RECORDING ADDENDUM VEHICLE PARKING FILE COPY. 01- 66 -055AA 9 0 01- 66 -055AA LICENSE AGREEMENT �7 THIS AGREEMENT, made as of the /�vday of 19 d_ THIS SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of California, hereinafter called "Licensor:, and 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 and referred to as "licensed property," solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth. The licensed property hereinabove referred to is located in the City of Rosemead, County of Los Angeles, State of California, and is further described as follows: All of Parcel 32 and those portions of Parcels 31 and 33 as same are shown on a Licensed Surveyor's Map of Property owned by Southern California Edison Company Ltd., filed in Book 30, pages 16 to 20, inclusive, of Record of Surveys, in the office of the County Recorder of said County, more particularly shown on the map attached hereto, marked EXHIBIT "A ", and by this reference made a part hereof. The hereinabove described licensed property is shown on the print attached hereto, marked Exhibit "A ", said print being for information purposes only. SUBJECT TO: Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record. The foregoing license is made subject to the following terms and conditions, all of which Licensee hereby agrees to comply with and perform. Additionally, this License agreement is made subject to the terms and conditions of the addendum attached hereto and made a part hereof, all of which Licensee further agrees to comply with and perform. 1. Use: Licensee agrees to use the licensed property for park and automobile parking 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 and Licensee is not relying on any such representation, covenant, warranty or promise. —1— 0 0 2. Term: Unless otherwise terminated as provided herein, this license shall be for a term of three (3) years commencing on July 1, 1987, and ending on June 30, 1990. 3. Consideration: Licensee agrees to pay to Licensor the sum of Six Hundred and 00 /100 Dollars ($600.00) upon the execution and delivery of this license for the first year of said license, and Six Hundred and 00/1.00 Dollars ($600.00) for each succeeding year of said license term, payable annually in advance on the 1st day of July of each succeeding year of said li.cense.term. All payments subsequent to the initial payment should be paid to the Southern California Edison Company, Post Office Box 800, Rosemead, California, 91770, Attention: Corporate Accounting Department — Financial Accounting. All accounts not paid within 30 days of the agreed due date will be charged a "late charge" at the maximum rate allowed by law. 4. Notices: All notices 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, first class, postage prepaid, addressed as follows: To Licensor: Southern California Edison Company Real Properties Departrent Property Management Section P. 0. Box 410 Long Beach, California 90801 To Licensee: City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 Telephone No. 818/288 -2400 Licensee agrees to promptly notify Licensor of any address change. 5. Liability Insurance: Licensee agrees to .insure its liabilities which may arise 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 shall include Licensor as an additional insured. Licensee agrees to provide evidence of such insurance upon request. 6. Hei_ght_Limitations: Licensee agrees that at all times during the term of this license any equipment used by it or its agent employees or contractors on and adjacent to the licensed property shall be used and operated so as to at all times maintain a minimum clearance of seventeen (17) feet from all overhead electrical conductors located on said licensed property. —2— • • Licensee also agrees that all trees or plants located on the licensed property shall be maintained by Licensee and Licensee shall trim or if requested by Licensor shall remove any tree or other planting which exceeds fifteen (15) feet in height. 7. Assignments: This license is personal to Licensee, and Licensee shall not assign or transfer this license or any privilege thereunder, in whole or in part, and any attempt so to do shall be void and shall confer no right on any third party. 8. Non — Possessory Interest: 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 and Licensee agrees to claim no such interest. 9. Licensor's Reservations: Licensor reserves for itself, its successors and assigns, the right to construct, maintain, including the periodic washing of Licensor's electrical. insulators, operate, repair, replace and /or inspect, in, on, over, under and across said licensed property, electric power lines, telephone lines and /or pipelines or conduits, together with appurtenant structures. Licensor also reserves 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 the aforementioned rights may be exercised without the payment of any compensation or damages whatsoever for destruction of or damage to crops or personal property on the licensed property resulting from the exercise of said rights. 10. Licensee's Improvements: Licensee must submit complete improvement plans for the licensed property, including grading plans, identifying all. existing and proposed improvements. Licensee shall. obtain Licensor's written approval of said plans, including any subsequent modification thereof, prior to making any use of the licensed property. Said written approval may be modified and /or rescinded if the Licensor's operating requirements are changed for any reason whatsoever. In any event, however, the Licensee may be required to modify and /or remove any or all such previously approved buildings and /or structures at Licensee's sole risk and expense and without any compensation from Licensor. 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. —3— 0 0 11. Access and Clearances: Licensee shall provide Licensor with adequate access to all of Licensor's facilities and at no time is there to be any interference with the free movement of Licensor's equipment and materials. If required at any time by Licensor, Licensee shall provide, at its own expense, access roads sixteen (16) feet in width together with commercial driveway aprons and curb depressions as specified by Licensor. Said roads, commercial drive- way aprons and curb depressions shall be capable of supporting a gross load of forty (40) tons on a three —axle vehicle, and shall be maintained by Licensee, at Licensee's expense, so as to be passable at all, times, and shall. be kept clear of any planting or other obstructions at all times so as to provide ready access to Licensor's facilities. In connection with the use of said licensed property, it is specifically agreed that Licensee shall, unless otherwise specified in writing by Licensor, make no use of the area directly underneath Licensor's towers and shall maintain the following clearances, at all times: a. A 25— foot — radius around all tower legs. b. A 10 —foot— radius around all steel poles. C. A 5— foot — radius around all wood poles. 12. Parking: Licensee agrees not to park, store, repair or refuel any motor vehicles or to allow the parking, storage, repairing or refueling of any motor vehicles on any portion of said licensed property, unless specifically approved in writing by Licensor. 13. Flammables Waste and Nuisances: Licensee agrees that it will not place or store any flammable materials within the boundaries of the licensed property, that it will. not commit any waste or damage, nor suffer any to be. done. Licensee also specifically agrees that it will not allow others to take such actions within the boundaries of the licensed property. Licensee further agrees that it will keep the licensed property clean, free from weeds, rubbish and debris, and in a condition satisfactory to Licensor. Licensee shall. also provide adequate controls for dust, odors and noise and take appropriate steps necessary to prevent dust contamination of Licensor's facilities located on, near or adjacent to the licensed property. Licensee also agrees to take preventive action to eliminate such dust, odors, noise or any other nuisance which may disturb the adjacent or nearby community and agrees to be responsible for and to assume all. liability for such dust, odor, noise or other nuisance disturbances. 14. Pesticides and Herbicides: Licensee agrees that any pesticide or herbicide applications on the licensed property shall be made in accordance with all Federal, State, County and local laws. Licensee further agrees to dispose of any pesticides, herbicides or any other toxic substances which are declared to be either a health or environmental hazard in such a manner as prescribed by law. This will include, but not be limited to, contaminated containers, clothing, equipment or any other contaminated material. QM 0 E 15. Underground Tanks: Notwithstanding anything to the contrary set forth in this agreement, licensee shall not have the right to install underground or above— ground storage tanks, as defined by any and all applicable laws or regulations, without the prior written consent of the Licensor. 16. Hazardous Waste: Licensee shall not engage in, or permit any other party to engage in, any activity on the premises that violates any federal, state or local laws, rules or regulations pertaining to hazardous, toxic or infectious materials and /or waste. Licensee shall 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 actions, expenses and /or liability arising from leaks of, spills of, and /or contamination by or from hazardous materials and /or wastes as defined by applicable laws or regulations, which are attributable solely to the actions of, or failure to act by, Licensee. 17. Underground Facilities: Any underground facilities installed or maintained by Licensee within the licensed property shall have a minimum cover of three feet. All. said underground facilities shall be constructed so as to withstand a gross load of forty (40) tons on a three —axle vehicle. 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 construct 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. Licensee shall compact any earth disturbed by Licensee within licensed property to a compaction of ninety (90°x) percent. 18. Irrigation Equipment: Licensee agrees that any and all irrigation pipelines, well pumping equipment and other structures, buildings and fixtures appurtenant thereto, hereinafter collectively referred to as "irrigation equipment ", located on the licensed property at the commencement of Licensee's occupancy thereof, are the property of Licensor and shall remain upon and be surrendered with the premises upon the termination of this license or any renewal or extension thereof. In consideration of the privilege of using the same, Licensee agrees to maintain, operate, repair and replace if necessary, at Licensee's sole cost and expense, said irrigation equipment during the continuance of this license. Any irrigation equipment placed on the licensed property by Licensee, the installa- tion of which is made with the consent of Licensor and for which a rent adjustment is made, and all irrigation equipment installed by Licensee to replace such equipment located on said licensed property at the time Licensee entered into possession thereof, shall thereupon —5— 0 0 be and become the property of Licensor and shall remain upon and be surrendered with the licensed property upon the termination of this license or, any renewal or extension thereof. Licensee agrees to promptly deliver to Licensor a good and sufficient bill of sale for all such irrigation equipment installed on said licensed property at the time the same is installed. Licensee further agrees that no such irrigation equipment shall be purchased on other than a cash basis. 19. Par.kways_and Landscaping: Licensee agrees to keep parkway and sidewalk areas adjacent to said licensed property free of weeds and trash. Licensee further agrees to maintain said parkways and to provide landscaping in a manner that is compatible with the adjoining properties and in a manner satisfactory to Licensor. 20. Fencing: Licensee may install fencing on said licensed property, provided Licensee obtains the prior written approval of Licensor therefor. In the event Licensee installs fencing, double drive gates sixteen (16) feet in width shall be provided in such locations as specified by Licensor and shall be designed to accom- modate Licensor's locks. Any metallic fencing shall. be effectively grounded by Licensee. Licensee agrees to promptly deliver to Licensor, a good and sufficient bill of sale for said fencing and agrees to maintain said fencing at Licensee's sole cost and expense. Notwithstanding the above, Licensee shall not install, operate or maintain or cause or permit to be installed, operated or maintained any electrically charged fence on the licensed property. 21. Signs: Licensee agrees not to allow the construction or placement of any sign, signboard or other form of outdoor advertising on said licensed property, without prior written approval of Licensor. In the event of a violation of this provision by Licensee or any one claiming under Licensee, Licensor shall have the right to enter upon said licensed property and to remove and dispose of any such sign, signboard or other outdoor advertising and to charge the cost and expense of any such removal and disposal. to Licensee who agrees to pay the same on demand. 22. Authority: This license is given pursuant to the author- ity 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. 23. Indemnification: Licensee hereby agrees 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 actions, expense and /or liability arising from or growing out of loss or damage to property, including Licensor's own personal property, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this license or the use or occupancy of said licensed property by Licensee or any person claiming under Licensee. 24. Utilities: Licensee agrees to pay 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 during the continuance of this license. It is further agreed that in the event Licensee shall. fail to pay the above— mentioned charges when due, Licensor shall have the right to pay the same and charge the amount thereof to Licensee, who agrees to pay the same on demand, together with interest at the maximum rate allowed by law from the date of expenditure by Licensor. 25. Taxes, Assessments and Liens: Licensee agrees to pay, when due, all taxes and assessments which may be levied upon any crops or personal property which Licensee caused to be grown, placed or maintained upon the said licensed property, and agrees to keep said licensed property free from all liens, including but not limited to mechanics liens, and encumbrances by reason of the use or occupancy of said licensed property by Licensee or any person claiming under Licensee. It is further agreed that in the event Licensee shall fail to pay the above— mentioned taxes, assessments, or liens when due, Licensor shall. have the right to pay the same and charge the amount thereof to Licensee, who agrees to pay the same on demand, together with interest at the maximum allowed by law from the date of expenditure by Licensor. 26. Governing_ Law.: Licensee agrees that in the exercise of its rights under this license, Licensee shall comply with all applicable Federal, State, County and local laws, and regulations in connection with its use of the licensed property. 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. 27. Holding Over: It is further agreed that if Licensee shall retain possession of said licensed property beyond the term hereof, or any renewal or extension hereof, without 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' prior notice in writing for that purpose, and shall. be subject to all of the terms, covenants and conditions of this license, and Licensee shall pay for such license during any such holding over, at the last prevailing rate specified in paragraph 3, "Consideration" hereof. 28. Termination: The parties hereto agree that during the initial term or any extension thereof, this license may be canceled and terminated by either Licensor or Licensee, at any time, upon sixty (60) days' notice in writing to that effect given by either party hereto to the other. In such event or when this license expires, Licensee agrees, if so requested in writing by Licensor, to remove at that time all of its personal property from the licensed property and to restore the ground to as near its original condition —7— 0 0 and appearance as possible within said period of sixty (60) days, at its sole expense and risk. No such termination, 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, or by reason of such termination, cancellation or expiration. Upon the termination of this license by the expiration of the term hereof or otherwise, Licensee agrees to peaceably quit and surrender the licensed property to Licensor in good order and condi- tion. 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, unless otherwise agreed in writing by Licensor, but this shall not prevent. Licensor from requiring Licensee to remove, at Licensee's expense and risk, any and all such property remaining upon the licensed property. 29. Abandonment: 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 Ninety (90) days, then at the option of Licensor, the license hereby granted shall be deemed terminated without further notice. Upon such termination, Licensee agrees to comply with the conditions as specified in paragraph 28, "Termination" hereof. 30. Remedies: 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, this 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 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 interest at the maximum rate allowed by law from the date of expenditure by Licensor. 31. Attorneys' Fees: 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. 32. Recording License. P Licensee agrees that it will not record this IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate as of the day and year herein first above written. 282/ba SOUTHERN CALIFORNIA EDISON COMPANY B y - - - R. J.4uliff Manager of Real Properties Department LICENSOR CITY OF ROSEMEAD, A MUNICIPAL_ CORP. 8 y �!� LICENSEE A D D E N D U M VEHICLE PARKING 0 A. Licensee agrees that the improvements for vehicle parking planned to be installed on the licensed property, the location thereof and all specifications relative thereto, shall be subject to the prior written approval of Licensor, including any later modifications thereto. Licensee further agrees to maintain said parking improvements at all times in a safe condition satisfactory to the Licensor. B. Licensee agrees that in the relocation of any portion Licensee will relocate same, and in a manner satisfactory within sixty (60) days after do so. event the Licensor requires the of said parking improvements, at its sole cost, to a location :o Licensor in its sole discretion receiving notice from Licensor to C. Licensee agrees that no portion of the licensed property shall be used to satisfy the minimum parking requirements of any governmental agency. D. Licensee agrees that the vehicles to be parked shall be limited to those owned by Licensee, Licensee's tenants, and their respective employees, invitees, customers and visitors. Licensee further agrees not to allow the storage, repairing or refueling of any vehicles on the licensed property. I I I _I Licensee's Initials —10— FILE CQi?Y 1'�4nlc Qtea. C � 0 Q e � So no a ;a Fia�j Aga iELTg, Pl l�n sled P �v jD� 1 +y 'h PcL 3L SO � i h / �, ►WI of 5� o �G a /a PARk1A C. LOT 5L. Qo 4LeT �Yy © ZOnd dej,i ve wy L•�n K ivr PoQ-k Pu.pes6S SER. L/2/7.�-4 cjE FW t6 FEV 11)5 EXHIBIT "AR' P:J.P. $ 21DL Dras . 53 950 Seq. $T -- R!t /;la $ jax �O�C EXRI.BIT "A" J. O. M. S. l; - ®J[. sc miad (� K. �9VL1 8878 E. VALLEY BOULEVARD T ROSEmEAD, CALIFORNiA 91770(210) 2836671 June 22, 1981 Mr. Roy Bergeson Southern California Edison,Co. 1000 Potrero Grande Drive Monterey Park, California 91754 Dear Mr. Bergeson: Enclosed is a fully executed agreement between the City of Rosemead and the Southern California Edison Company,for the lease of Zapopan Park. The City Council-of the City of Rosemead at their regular Meeting of April 14, 1981 approved this lease agreement. Sincerely, Ellen Poochigidn, City Clerk Encl. Long Beach, California 90802 - Dear Mr. Lowerison: - The.Rosemead.City Council at their regular meeting of April 14, 1981, approved the lease agreement between the City of Rosemead and the southern California Edison Company. Attached are your copies of the executed license agreement. If my office can be of any further assistance, please give me a call. Sincerely, FRANK G. TRIPEPI City Manager FGT:ev Attachments CC: Roy Bergeson MAYOR: MAYOR PRO TEM: COUNCILMEN: LOUIS TURY, JR, HERBERT R. HUNTER MARVIN J. CICRY JAY T- IMPERIAL GARY A. TAYLOR rmr......_..:-x: -. RENEWAL OF LICENSE sFa�" R/W Bile No. 01- 66- 055RBP IT IS .MUTUALLY AGREED that the License entered into on March 23, 1971 between SOUTHERN CALIFORNIA EDISON COMPANY, a corpo- ration, as Licensor, .and. CITY OF ROSEKEAD, as Licensee, covering _. *u.., that certain real'. property in the County of Los Angeles, State of California, and 'being-the parcel more particularly described in t_he original license, and 'by this reference made a part hereof, is hereby renewed and extended for the further term beginning on July 1, 1981 and ending on Juno 30, 1985 unless sooner terminated', as provided -for in said License. The Licensee agrees to pay to the Licensor the sum of Six Hundred and 00 /100 ($600.00) Dollars ,upon the execution and delivery { of this license, for first year of said license and Six Hundred and ;- 00/100'($600.00) Dollars for each succeeding year of said license term, payable annually in advance on the "1st day of July of each t succeeding year of said license term. Except as. ::otherwise -Herein= pr- 04ided­j- it- -i -s= mutually- un3ar- . µ p stood and agreed that all the terms, 'covenants and conditions of -said License shall be and remain in full force and effect. The -. License herein referred to is not assignable. DATED as of.March 13, 1981. Serial No. 42172 -A,�. Document No. 295912 l r J%v� SOUTHERN CALIFORNIA EDIS014 COMPANY " (Licensor) r e Y C.rj. Lower son, J Manager of' Ri ht of Way and Land g CITY OF ROSEMEAD (Licensee) r ` -8838 Valley" Boulevard Rosemead, CA 91770 (Address) 0 4 MEMORANDUM TO: FRANK G. TRIPEPI, CITY MANAGER FROM: MICHAEL, D. BURBANK, RECREATION AND PARKS DIRECTOR DATE: APRIL 9, 1981 RE: REQUEST FROM EDISON COMPANY TO EXTEND THE LEASE AGREEMENT FOR ZAPOPAN PARK. On August 11, 1970, the City of Rosemead entered into a lease arrangement with the Southern California Edison Company,' to.develop and operate Zapopan Park. At that time, the lease was for five (5) years, and the fee was set at $300.00 per year. Over the years, the lease has been extended. In June, 1976, the lease was extended for an additional five (5) years at the same rate of $300.00 per year. At this juncture the current lease is about to expire and the Edison Company has forwarded a new lease agreement. There are two changes in this agreement. First, it is only for a term of three (3) years instead of five (5) years, and the rate has gone from $300.00 to $600.00 per year. All things considered, I would recommend that the City Council authorize the Mayor to execute the lease agreement. MDB:ev Attachments CC -C 9 r Southern California Edison Company SCE P.O. BOX 399 1303 WEST BEVERLY BLVD. MONTEBELLO, CALIFORNIA 90600 C. J. LOWER ISON, JR. MANAGER OF RIGHT OF WAY AND LANG April 2, 1981 Mr. Frank Tripepi City of Rosemead 8838 Valley Boulevard Rosemead, California 91 -770 Gentlemen: ATTN: Mike Burbank SUBJECT: License Renewal Agreement Our File No. 01 -66 -055 The enclosed agreement has been prepared at your request. It has been executed on behalf of the Southern California Edison Company. The Licensee's Copy is for your records. Please sign the file and vault copies and return both to us, in the enclosed envelope, with your check for $600.00 as payment for the first year's rental. If you have any questions concerning this agreement, please call me at (213) 728 -9391. „ , /J ROBERT B. PITTS Right of Way Agent Property Management Section ms Enclosures cc: R. E. Bergeson RENEWAL OF LICENSE R/W File No. 01- 66- 055RBP IT IS MUTUALLY AGREED that the License entered into on March 23, 1971 between SOUTHERN CALIFORNIA EDISON COMPANY, a corpo- ration, as Licensor, and CITY OF ROSEMEAD, as Licensee, covering that certain real property in the County of Los Angeles, State of California, and being the parcel more particularly described in the original license, and by this reference made a part hereof, is hereby renewed and extended -for the further term beginning on July 1,. 1981 and ending on June 30, 1984 unless sooner terminated, as provided for in said.License. _ The Licensee agrees to pay to the Licensor the sum of Six Hundred and 00 /100 ($600.00) Dollars upon the execution and delivery of this license, for first year of said license and Six Hundred and 00 /100 ($600.00) Dollars for each succeeding year of said license term, payable annually in advance on the 1st day of July of each succeeding year of said license term.. Except as otherwise herein provided, it is mutually under - stood and agreed that all the terms, covenants and conditions of said License shall be and remain in full force and effect. The License herein referred to is not assignable. . DATED as of March 13, 1981. Serial No. 42172-A Document No. 295912 •yi APPROVED BY D,JE SOUTHERN CALIFORNIA EDISON COMPANY (Licensor) M1 C. J. Lowerison, Jr// Manager of Right of Way and Land CITY OF ROSEMEAD gy...: - (Licensee) 8838 Valley Boulevard Rosemead, CA 91770 (Address) Iie AGUT;y{ 4N�0 J 11 �Y ¢44 NYuy �5 SO q /A iN 9 10 1619 ol I P: 1. D. Draw. Seq. R I W File # 14 200,1= /" k EXIHtR- T A J. 0. M. S. E74- ,9 Q5;. C. 6'. 117 , '14 CALAFC4MV, I L):"ADII CC). Page Two Council Mintues 6/22/76 2. LEGISLATIVE: A. ORDINANCE 417. AMENDING MUNICIPAL CODE /EMERGENCY OPERATIONS & FUNCTIONS City Attorney Wallin read Ordinance 417 by title. AN ORDINA10E OF THE CITY OF ROSEMEAD AMENDING THE EMERGENCY ORGANIZATION AND FUNCTIONS PROVISIONS OF THE ROSEMEAD MUNICIPAL CODE. It was moved by Councilman Cichy, second by Councilman Hunter to waive further reading and Introduce Ordinance 417. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperlal,'Taylor, NOES: None ABSENT: Trujillo (excused) 3. CONSENT CALENDAR: CC -E deferred.. CC -B & CC -D removed for discussion CC -A RESOLUTION 76 -32. CLAIMS AND DE14MIDS Recomm: Waive Reading & Adopt CC -C RESOLUTION 76 -33. REQUESTING COUNTY AID TO CITIES FUNDS Recomm: Waive Reading and Adopt AGREEMENT /LICEIISE RENEWAL FOR LEASE OF PROPERTY /ZAPOPAN PARK Recomm: Approve Renewal Agreement ($300) & Authorize Mayor to Execute It was moved by Councilman Hunter, second by Councilman Cichy to concur in the Recommendations on the Consent Calendar. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor I40ES: None ABSENT: Trujillo (excused) CC -B RESOLUTIONu 76 SUPPORTING OPPOSITION TO LIQUOR LICENSE FOR MARKETS It was moved by Councilman Cichy, second by Councilman Imperial to waive further reading and adopt Resolution 76- Roll Call Vote as follows: AYES: Cichy, Imperial HOES: Hunter, Taylor ABSENT: Trujillo (excused) TO BE RECONSIDERED AT THE NEXT REGULAR I4EETING... CC -D CONSIDERATION OF AGREEMENT WITH L.A. COUNTY /ANIMAL CONTROL SERVICES Recomm; Approve Agreement & Authorize Mayor to Execute Councilman Cichy commended the City Manager's Assn. for their work in obtaining this extension to the Animal Control Agreement & urged them to work on Liability Insuranci It was moved by Councilman Cichy, second by Mayor pro tem Taylor to approve the Animal Control Services Agreement and Authorize the Mayor to Execute. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor NOES: None ABSENT: Trujillo (excused) RIGHT OF WAY AND LAND DEPT. P. B. PEECOOK MR NAGER Southern California Edison Company P. 0. BOX 399 p�T MONTEBELLO, CALIFORNIA 90640 A � r R® V' �7 IED CI ' Or ROSEMEQD DATE °? BY R �6 A. City of Rosemead � �J2,1 1� 8838 Valley Boulevard \1 Rosemead, California 91770 9= Gentlemen: June 1, 1976 Subject: R /WE FILE: 01 -66-055 01S1 0O' The enclosed License has been prepared at your request. It has been executed on behalf of the Southern California Edison Company. The original is for your records. Please sign the File Copy in the space provided, and return it promptly to us in the enclosed postage free envelope. If you have any questions concerning the License, please feel free to call me. Very truly yours, C. T. LEMM Right of Way Agent Enclosure mzw . . 01 -66 -055 RENEWAL OF LICENSE IT IS MUTUALLY AGREED that the License entered into on March 23, 1971 between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, as Licensor, and CITY OF ROSEMEAD as Licensee, covering Valley Boulevard, Rosemead, that certain real property in the County of Los Angeles, State of California, and being more particularly described in said original license. X X X X X X X X X X X X be and the same is hereby renewed and extended for the further term begginning on ----- -- -- �jitl3r 1, 1976 , and ending on June 30, 1981 unless sooner terminated, as provided for in said License. The Licensee agrees to pay to the Licensor therefor as follows: The sum of Three Hundred and no /100 ($300.00) Dollars upon the execution and delivery of this license, for first year of said license and Three Hundred and no /100 ($300.00) Dollars for each succeeding year of said license term, payable annually in advance ,on the 1st day of July of each succeeding year of said license term. X X Except as otherwise herein provided, it is mutually understood and agreed that all the terms, covenants. and conditions of said License shall be and remain in full force and effect. The License herein referred to is not assignable. DATED as of May 23, 1976 cpE Rw a) Rev r /lo a SOUTHERN CALIFORNIA EDISON Y, Manager Licensor Right of "Way and Land Department CITY OF ROSEMEAAD By: ORIGINAL Licensee 0 0 SCE Southern California Edison Company P. O. BOX 800 2244 WALNUT GROVE AVENUE ROSEMEAD, CALIFORNIA 91770 RIGHT OF WAY AND LAND DEPT. P. B. PEECOOR MANAGER March 19, 1973 City of Rosemead 8838 E. Valley Blvd. Rosemead, California 91770 Gentlemen: We are pleased to inform you that it will no longer be necessary for you to provide certificates of insurance or to include Southern California Edison Company as an additional insured in your comprehensive bodily injury and property damage liability insurance, or conditions relative thereto, as required by Paragraph 7 of the License Agreement. This change in our policy does not reduce your own liability; therefore, we suggest that you maintain sufficient insurance coverage for your operation to provide for your own protection. Since we are now assuming this insurance coverage ourselves a slight increase in rental may be necessary at the time of renewal. You should, however, realize a reduction of costs from your present insurance program as a result of this change. The Right of Way Agent responsible for your area will provide you with the necessary information at that time. Thank you for your cooperation. Very truly yours, Right of Way Agent Property Management Section l 0 :-4 • 4b December 21, 1972 Southern California Edison Co. Attn: Mr. L. E. L. Hathaway 5016 H. Earle St. Rosemead, California Dear Mr, Hathaway: In accordance with the instruction from the City of Rosemead, we are herewith enclosing a certificate of insurance pertaining to the six acres of land leased by the City of Rosemead for park purposes, showing limits of $500,000 and $1,000,000 of bodily injury and $1000000 of property damage, issued by the Great American Insurance Company under their policy SLP 5402067 for the period July 1, 1972 to July 1, 1975. Yours very truly, Burl Blue J BB:JJ encl. CC: City of Rosemead `- " Great • L� LL A4neriican L er4fttCIGiCQ,_.014in -i 1/'ance Insurance COMPANIES Great American Insurance Company ❑ American National Fire Insurance Company (Herein called the Company) - In the event of cancelation of the policies designated below,it is the intent of the Companyto mail 10 days prior notice . thereof to: F_ 7 SOUTHERN CALIFORNIA EDISON CO. 5016 NO. EARLE STREET ROSEMEAD, CALIFORNIA L I _J The Company certifies that the following insurance policies have been issued to NOTE: This Certificate of Insurance neither affirmatively nor negatively amends extends, nor alters the coverage afforded by the policy or policies numbered in . this certi- ficate. NAME OF INSURED THB.CITY OF ROSEMEAD ADDRESS OF INSURED 3838 VALLEY BLVD., ROSEMEAD, CALIF. TYPE OF INSURANCE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY BODILY INJURY PROPERTY DAMAGE WORKMEN'S COMPENSATION STATUTORY NO COVERAGE and EMPLOYERS' LIABILITY$ NO COVERAGE COMPREHENSIVE GENERAL LIABILITY SLP 5402067 7 -1 -72/75 $ 000 1 PERSON $ lOO 000• EACH $1' 0/0y0� O/OyO�.EOACCURRENCE $ 1 OW OOO GGREGATE $ 1DO 000. AGGREGATE MANUFACTURERS' AND CONTRACTORS' LIABILITY }� */�� yyyyy. $ PARSON $ OA CUnRENCE $ OCCURRENCE $ AGGREGATE OWNERS' AND CONTRACTOR PROTECTIVE LIABILITY INCL. $ PERSON $ OCCURRENCE $ OCCURRENCE $ AGGREGATE OWNERS' LANDLORDS AND TENANTS' LIABILITY INCL. $ PERSON EACH' $ OCCURRENCE $ OEACH COMPLETED OPERATIONS AND PRODUCTS LIABILITY INCL. EACH . $ PERSON $ OCCURRENCE EACH $ OCCURRENCE $ AGGREGATE $ AGGREGATE COMPREHENSIVE AUTOMOBILE LIABILITY • SLP 5402067 7 -1 -72/75 $ 5OO OOO.EACN JVV reRSON �/� ' ' ' $ lOD �• EACH /V�/V�/V� $ 1 000 OWWCCURRENCE OWNED AUTOS INCL. $ PERSON EACH $ OCCURRENCE $ OCCURRENCE aQ - HIRED AUTOS • EACH $ PERSON $ OCCURRENCE EACH $ OCCURRENCE. J OTHER NON -OWNED AUTOS jNCL, $ PARSH !! E CH $ OCCURRENCE $ OCCURRENCE COMMERCIAL UMBRELLA - LIABILITY - $ each Occurrence, aggregate where applicable, in excess of Primary insurance recorded. i 0 ' DESCRIPTION AND LOCATION OF OPERATIONS AND AUTOMOBILES COVERED ALL OPERATIONS PERTAINING TO LEASE AGREEMENT INVOLVING-6 ACRES OF LAND LEASED TO THE CITY OF ROSEMEAD FOR PARK PURPOSES. ALL OF PARCEL 32 AND PORTIONSS OF PARCELS 21 AN 33 PER BOOK 30,. PAGES 16 TO 209 49CO✓ OF SURVEYS 4/ /hh/ KELLEY,JONES 6 BLUE INS. - This Certificate is not valid unless countersigned by an authorized representative of the Company. / EROSEMEAD. 12 -18-72 ,/ /'�/G�✓ DATE AUTH RI, eEPR SENTATIVE INSURED COPY F.20032A - B -71 C CIO. Southern California Edison Company -_-MAK_zr] 2244 WALNUT GROVE AVENUE RIGHT Of WAY AND LAND-DEPT. --ROSEMEAD, CALIFORNIA 91770 P. R. R MAN AGER - July 12, 1972 LAGER 9� City.of.Rosemead 8838 Valley Blvd. Rosemead, CA .Attention:. Mr'.:C. Leland Gunn City Manager -Subject: Gould -Mesa T/L R/W Park'License - City of Rosemead R/W File No. 01- 66 -55 -AC Gentlemen: MEN-: This letter „is to amend and modify that certain license P dated March 23, 1971 ',and bearing Southern California Edison's Serial Number 42172 -A”, °between the City of Rosemead and the Southern California Edison Company as follows: Clause 3, Section (d) on page 4 is changed to read. "All plants and trees located on said premises shall be maintained by Licensee. Licensee shall trim or remove any tree or other planting which grows closer than 15 feet to any overhead conductors on the property." Clause 3, Section (g) on pages 4 and 5 is changed to read. ' icensee agrees that it will not park or allow the parking of any motor vehicle, including motorcycles within a distance of 10 feet measured horizontally from the vertical plane of the 220 KV conductors and only at the location shown on the attached print." If the foregoing is agreeable, please have the proper officials sign the attached copy and return it to us. This l.' ,s Tl. /Yd. !�cotf & CiSSGciateS;'9Vic. CIVIL ENGINEERING • LAND PLANNING • SUBDIVISIONS • SURVEYING • INDUSTRIAL SITES President 0pp� dry 9143 East Valley Blvd. H. M. Scott, Lic. Land Surveyor `�� Rosemead, Calif. 91770 ^ ` e 3 (213) 287 -9964 • 283.8155 Dir. of Engineering > Myron Hawk, Reg. Civil Eng. g �ffjn�lp�ti 150 South "A" Street Office Manager, Oxnard 9 Oxnard, Calif. 93030 Frederick Ervost, Reg. Civil Eng. (805) 486 -8806 Mr. Doug Chandler Supervisor of Parks City of Rosemead 8838 East Valley Boulevard Rosemead, California Dear Mr. Chandler: Re: Zapopan Park We have received one print of the of the Edison right -of -way betwee walking the perimeter of the site to prepare this 'letter to help us of work to be done by H. M. Scott Rosemead. April 20, 1972 proposed Zapopan Park Development z Garvey and Delta Avenue. After with you this morning, we decided both determine the proposed scope & Associates for the City of We will first conduct a topographical survey of the total site making sure to note >,the various types of fence around the perimeter. This survey will acquire information to prepare a contour map of the ex- isting ground as well as to accurately locate the existing towers and fences surrounding the tower. At the same time, the survey crew will determine the total area currently draining storm waters onto the site on Angelus Avenue, Park Street, and Whitmore Street. This information is necessary in order to determine how.we will handle storm run -offs from these streets without causing damage to the pro- posed developments. We propose to provide drainage swales within the site to handle waters falling on the site and entering from the northwest. We specifically will not be designing underground pipes for drainage at this time. If it is found during our survey that the waters draining on the site from the streets necessitates either pipes or concrete gutters or drains, we would relay such information for your consideration, but this type of work is not anticipated at this time. We will then prepare a grading plan showing the existing contours and indicating recommended contours to develop the property for the uses proposed. It is our understanding that there is to be a mound to the southeast of the fire ring which will provide on- ground seat- ing capacity for large gatherings around the fire ring. This mound is to be smooth enough, however, to allow Rosemead maintenance equipment to mow grass on the mound. H. M. SCOTT & ASSOCIATES, INC. Mr. Doug Chandler Page Two We understand that we will be provided with an updated sketch of the proposed Zapopan Park Development in order that our grading plan will provide the proper location for a building pad for the office and restrooms, and other facilities. We specifically wish to draw to your attention the length of the football field being shown as 300 feet. If there are to be end zones there must be additional footage added to each end. We specifically will not be involved at this time in designing the parking lot with 42 spaces or any of the structures, facilities, or landscaping. 'We will communicate, however, with you and Rose- mead City Staff in order to provide flexibility of design and special differences in elevations in areas where such is desirable. We currently have some ideas in this field that.we would give to you for your consideration and approval. We look forward to providing the City with this survey and grading plan and will belhappy to submit our proposed cost to you upon receipt of our mutual understanding of the work to be done, which we believe we have described above. If you have additions, deletions, or comments on this letter, we are ready to discuss them with you at your earliest convenience. Very truly yours, Myron D. Hav k Vice President MDH /ce 12. 13. • Page Five C/C 3/23/71 Roll Call Vote as follows: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: 0 Andersen, Hunter, Maude, Pike, Taylor None None Mr. Gunn stated the area in question consists of 6 acres of land to be developed as a park play area. The rental fee is $300.00 per year. Councilman Pike inquired as to the acquisition of property necessary for parking, and Mr. Gunn stated it is his hope the property can be acquired through negotiations and not eminent domain. It was moved by Councilman Andersen, and unanimously agreement be approved and execute. Roll Call Vote as follows: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Maude, second by Councilman carried, that the foregoing the Mayor authorized to Andersen, Hunter, Maude, Pike, Taylor None None ENGINEERING AGREEMENTS FOR 1970 STORM DRAIN PROJECTS. A. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT B. H. M. SCOTT & ASSOCIATES Mr, Gunn outlined the contents of these two agreements and pointed out that in the agreement with H. M. Scott & Associates the City shall retain an amount equal to 5% of the fee to cover its cost of administration and accounting. Mr. Gunn recommended approval. It was moved by Councilman Pike, second by Councilman Maude, and unanimously carried, that the foregoing agreements be approved and the Mayor authorized to execute. Roll Call Vote as follows; AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen; None ABSENT: Councilmen: None 14. STREETS AND HIGHWAYS CONFERENCE - MARCH 25-27, 1971. Mr. Gunn presented a memorandum from Traffic Engineer Envall, requesting the sum of $25.00 to attend the above conference to be held at the UCLA Campus. This sum will cover registration, meals and one night lodging. The City of South El Monte is also contributing a similar amount. It was moved by Councilman Maude, second by Councilman Hunter, and unanimously carried; that the foregoing request be approved. 0 0 Z la q 4 � o U try a a` w e d� e � � N oY z o � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 LICENSE (PARK) THIS AGREEMENT, made and entered into as of the o?_ 3,Q[. day of 1971„ by and 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 ": W I T N E S S E T H That the Licensor for and in consideration of the faithful performance by the Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by the Licensee, does hereby give to the Licensee, the License to use that certain real property hereinafter described for a term commencing on the first day of February, 1971, and ending on the 30th day of June, 197, unless sooner terminated as herein provided, solely for the purposes hereinafter specified upon and subject to the reservations, terms, 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, described as follows: All of Parcel 32 and those portions of Parcels 31 and 33 as same are shown on a Licensed Surveyor's Map of Property owned by Southern California Edison Company Ltd., filed in Book 30, pages 16 to 20, in- clusive, of Record of Surveys, in the office of the County Recorder of said County, more particularly shown outlined in red on the map attached hereto, marked EXHIBIT "A ", and by this reference made a part hereof. SUBJECT TO: Covenants, conditions, restrictions, reservations, exceptions, encumbrances, rights, easements and licenses affecting the above described real property, whether of record or not. 1. The Licensee agrees to pay to the Licensor the sum 1 2 3 4 5 6I7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 0 of Three Hundred Dollars ($300.00) per year rental annually in advance for the real property covered by the within Grant of License. Licensee agrees to pay the first of such annual installments of Three Hundred Dollars ($300.00) upon the date of execution hereof and to pay further installments of Three Hundred Dollars ($300.00) each on the first day of February of each and every year that the within License is in existence. 2. The Licensee agrees to use the above - described premises for park purposes only. Licensee further agrees that all facilities planned to be installed on the above - described real property, the location thereof and all plans and specifica- tions relative thereto, shall be subject to the prior written approval of the Licensor. Details requiring approval shall include, but not be limited to, the grounding of all metal equipment, the plan of planting, the elevation of all structures above the ground and the installation of underground pipes, sewer lines and other structures. 3. In connection with the use of said premises for park purposes, and not in limitation of the generality of the foregoing, it is also specifically agreed as follows: (a) Any underground facilities within the 30 31 32 easement area shall have a minimum cover of three feet to avoid interference with any facilities hereafter constructed by Licensor. It is hereby further understood that in the event Licensee's pipeline(s) interfere with the construction of additional facilities or the protection, relocation or, reconstruction of existing facilities by Licensor, the - 2 - 1 Licensee will reimburse the Licensor for the 2 difference in cost to construct and maintain 3 its facilities so as not to interfere with said 4 pipeline(s), or at the option of the Licensor, 5 Licensee will relocate its pipeline(s) at its 6 expense so as not to interfere with Licensor's 7 proposed facilities. 8 (b) Licensor shall have free and un- 9 interrupted access to its facilities at all 10 time. Licensee shall provide access and 11 patrol roads to be located as designated by 12 Licensor. Said roads shall be twelve (ts) 13 feet in width, capable of supporting a gross 14 load of 40 tons on a three -axle truck, and 15 maintained so as to be passable at all times. 16 They shall also be kept clear of any planting, 17 park facilities, or any other obstructions at 18 all times so as to provide ready access to 19 Licensor's facilities. Commercial -type 20 driveways, sixteen (16) feet wide with curb 21 depressions and capable of supporting 40 tons 22 on a three -axle truck shall be constructed 23 where the Licensor designates it is necessary. 24 (c) The Licensee shall erect and main - 25 tain six (6)foot chain link fences around•Licen- 26 sorts towers and said fences shall be placed 27 a minimum of six (6) feet from the tower 28 footings. Suitable walk -in gates shall be 29 placed in the fence for access by the Licen- 30 sorts and /or Licensee's employees. The fences 31 32 /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 and all other metallic structures shall be effectively grounded. The above mentioned gates shall have locks installed by the Licen- sor and the Licensee and be kept locked at all times, except when the Licensor's or Licensee's employees are working in the enclosed area. The Licensee shall be respon- sible for keeping the enclosed area free of weeds, trash, and debris. (d) All plants or trees located on the said premises shall be maintained by Licensee and Licensee shall trim or remove any tree or other planting which exceeds fifteen (15) feet in height. (e) Licensee shall design and construct all underground sprinkler service systems, lighting facilities or drains in such a manner that such facilities shall withstand a gross load of forty (40) tons on a three -axle truck. Licensee shall also install and maintain identification markers indicating the location and depth of any under- ground facilities. (f) All equipment used by Licensee in the construction and maintenance of the park facilities shall be maintained at a minimum distance of twenty -five (25) feet from all struc- tures of Licensor and at a minimum distance of fifteen (15) feet from any overhead conductor on the right of way. (g) The Licensee agrees that it will not park or allow the parking of any motor vehicles, in- - 4 - I cluding motorcycles, on any portion of said premises 2 (h) No kite flying or model airplanes or 3 any other activity which could cause contact with 4 overhead conductors shall be permitted on licensed 5 premises. 6 (1) All landscaping and planting on the 7 licensed premises shall be maintained and kept 8 reasonably clean of weeds, trash and debris so 9 as to be presentable and compatible to the 10 neighborhood at all times. 11 (j) It shall be the responsibility of the 12 Licensee to limit the use.of the licensed area 13 for park purposes only and to the provisions set 14 forth in the License. 15 (k) During any period of construction 16 Licensee shall periodically water down the 17 construction area so as to prevent dust contami- 18 nation of Licensor's facilities. Licensee shall 19 also compact any earth disturbed by Licensee 20 within the licensed premised to a compaction 21 ratio of ninety (90) percent in order to 22 prevent future erosion of said premises. 23 (1) The Licensee agrees that while work 24 is being performed on the Edison Right -of -Way, 25 all equipment when not in use shall be parked 26 clear of the right of way or rendered immobile. 27 4. This License is given pursuant to the authority 28 of and upon and subject to the conditions prescribed by General 29 Order No. 69B of the Public Utilities Commission of the State 30 of California, dated and effective September 10, 1963, which 31 General Order No. 69B by this reference is hereby incorporated 32 Gi 1 1 herein and made a part hereof. 2 5. The Licensor reserves for itself, its successors 3 and assigns, the right to construct, maintain, operate, repair, 4 replace and /or inspect upon, over and in said property transmis- 5 sion lines for electric energy, telephone lines and /or pipelines, 6 together with appurtenant structures and the right to use said 7 property or any portion thereof, for any purposes that said 8 Licensor may desire in connection with its business, together 9 with the right to enter upon said premises or any protion 10 thereof, at all times for any or all of the above - mentioned 11 purposes, all of which rights may be exercised without the 12 payment of any compensation or damages whatsoever for the 13 destruction of any property on the above - described land resulting 14 from the exercise of the said rights or any thereof. 15 6. This License is personal to the Licensee, and the 16 Licensee shall not assign or transfer this License or any 17 privilege thereunder, in whole or in part, and any attempt to 18 so do shall be void and shall confer no right on any third 19 party. 20 7. Licensee agrees to pay all charges and assessments 21 for or in connection with water,.electric current, or other 22 utilities which may be furnised to or used upon said premises 23 by the Licensee during the continuance of this License, and 24 agrees to pay, when due, all taxes and assessments which may be 25 levied upon property which it may cause to be placed or main - 26 tained upon the said property, and agrees to keep said premises 27 free from all liens and encumbrances by reason of the use or 28 occupancy of said property by itself or any person, firm or 29 corporation, claiming under it. It is further agreed that in 30 the event the Licensee shall fail to pay the above - mentioned 31 taxes, assessments, charges or liens when due, the Licensor 32 i I shall have the right to pay the same and charge the amount 2 thereof to the Licensee, who agrees to pay the same on demand, 3 together with seven (7) percent interest from the date of 4 expenditure by the Licensor. 5 8. Licensee shall indemnify and save harmless the 6 Licensor and any and all of Licensor's officers,.agents and 7 employees from any and all claims, demands, loss, damage, 8 expense and /or liability, including court costs and attorneys' 9 fees, whether to any persons or to any property to which 10 Licensor or said parties may be put or subject resulting in any 11 manner, directly or indirectly, from any use of the above - 12 described property under the terms of this License or otherwise, 13 notwithstanding the circumstances that Licensor may or may not 14 also be alleged and /or determined to have been concurrently or 15 otherwise negligent and /or to have jointly caused or contributed 16 by such negligence to any such claims, demands, loss, damage, 17 expense and /or liability in any such case. 18 9. The Licensee further agrees to secure and keep in 19 force throughout the life of this agreement, Comprehensive 20 Bodily Injury and Property Damage Liability Insurance, including 21 Contractual Liability with a combined single limit of not less 22 than Five Hundred Thousand Dollars ($500•,000.00) each occurrence. 23 Such insurance is to be placed with companies and be in a form 24 satisfactory to Licensor and shall be in the name of the 25 Licensee with the Licensor named therein as an additional 26 assured. Said policy or policies shall further provide that in 27 the event of a material change or cancellation, the Licensor 28 shall be given thirty (30) days' prior written notice of any 29 change or cancellation directed to Southern California Edison 30 Company, Insurance Division, Post Office Box 351, Los Angeles, 31 California 90053. Certificates of insurance (or upon demand, 32 /// 7 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 certified copies of policies) shall be filed with and approved by the Licensor. 10. Subject to the provisions of paragraph 4 herein, it is hereby further agreed that either party hereto may, if it so elects, may terminate this License at any time prior to the expiration of the term thereof by giving one (1) year's previous notice in writing for that purpose, by personal service of such notice or by depositing the same enclosed in an envelope in the Post Office of the United States, and upon expiration of said one (1) year, this License shall wholly cease and terminate. 11. No termination or cancellation hereof shall release the 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 such termi- nation or cancellation. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate as of the day and year herein first above written. 10 SOUTHERN CALIFORNIA EDISON COMPANY By: 26aj � ce resideene t By: Assistant Secretary- LICENSOR CITY OF ROSEMEAD By: By: LICENSEE APPROVED A FORM: ROLLM E WOODBURY Vice President & General Counsel Ey__T'HOMAS E. TABER .................. istent Counsel .._ _ .. 1911... i � h . �[ -PVEyv AVE. 'ro r. W 0 / V � 0 Lend alesc�ibed in Lic��se poi-- logr,� p u�/� oSeS 7'�i0417 s C � Co. sea. 4zl,72A FOgfl .W 46 3:.1 9 -L7 I { EXHIBIT "A" J. 0. M. S. ,� -,9,9 5'W F.a.7 1c X20 %v 7/c A/v(� k, lN, �,o SIK��:'i�cj �n ca ti;�q o,�' and 1,svcli�:N in ! /cnn s� fog P�h/ F�arpos¢S f /zG <+� .fir J.�r � a .0 i�� � � �. ' a•1 e 7L PAN �0Cjj@. UUU� V paEa. ". THE CITY OF _ i < 4QSEc,lAD PICNIC AND n � - i WHITMORE ST. {.BARBECUE AREA PARK,: - •'ST - 4. �. ~� - .W rn � .t.• 4� O. . s l .. 1 a - W COD " •` FREE PLAY AND LOW �✓(rc, ORGANIZED GAMES NNf" we@ '" I6 ^�TDNd«REA ZAPO PAN THE CITY OF y RDSEMEAD N.0 unn 1 It ANu WHITMORE ST. SeARe¢cuE AREA r `" J . %! wp LJ r V q - c Y22YJUCz_!_ I WT L PARK ST Z ti FREE PLAY AND LOW l OR GANISEO GAMES LOr TOTS AREA�� 1� !a NrhP Pna�i•.: MULTIPLE USE - FAR KING 11 Pa.0 LU w J J SENIOR; - .,{ITq ENS �.••T PP»P Pno • U ( r•• ! ye _ _ J W -• -'-G A R V E Y- ._.- ._._._._._._._:_._._A V E. - -'- ZAPOPAN COMMUNITY PARK City of Rosemea Parking Lots A &B Parking Lot Lots Land Improvements Total 3 3105 Fern 20000 1900. 21900 A 4. 3045 & 3051 Fern 15900 6800 22700 5 3041,,,.. Fern 9000 4300 13300 3039 Angelus 9000 4400 .13400 . B. 2. 3026, Charlotte 79QQ. 8300 16200 TOTAL S87500 it it v v Q pl'I J NN .�..o E.zso6'Bir c• o � > O � 0 I o soi � "• � �; � - �E oh 6 N p of J i tll 0 O h u- .. Z Q \ Q N N U1 Ql O n�Y r: O K �! r CO/ c ozi r ozi r {// -- - - - - -- Zo9L1 - OLl 3.•0195„t B'N � � 0 I a h � 0 ti y6 o�; J; Z LLI J I wQ p \� �g, O Q Q n o V J �0 z cf) ° k yadd p Ld CL i ofl � 4i ®o u it i O �. N P O i o i1 ! ,. zL_cfl - - -- `�- - - - - -- E Cn O Cud. p i os � as —+--� < � f o.I � 7 o G' c u c' ti nj9 32�OWliHM �� 0 Uj � z J 04� 0. IL LLJ W ~ 4'Z _ L j W Lam- � �' rrJJIII hl 3AV I: 'd1-1 34 f n tY � Q • 2 26'S// I 00 3 � I SN s �e, o SsL � N O I u C L 0.9, �j U! � ;OS y6/ oz 59 Lli z OS y < $F/ OL I S9 O I u C L 0.9, �j U! � C. E. HATHAWAY DISTRICT MANAGER j Southern California Edison Company 5010 NORTH EARLE STREET ROSEMEAD, CALIFORNIA 91770 TELEPHONE: 209 -7712 March 15, 1971 N. A. STEWART DISTRICT SUPERINTENDENT Mr. C. Leland Gunn, City Manager The City of Rosemead 8838 East Valley Rosemead, California Subject: City of Rosemead Park License Dear Lee: Attached is the original and a vault copy of the license for the park on the Edison right of way in the City of Rosemead. It would be appreciated if both were executed by the City and the vault copy returned. CEH:dlp Sincerely, G.� C. E. Hathaway 0 • I1 . t 0 Page Four C/C 8/11/70 It was moved by Councilman Pike, second by Councilman Maude, and unanimously carried, that the City Manager's recommendation be approved. Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen: None ABSENT: Councilmen: None 12. 13. NEW BUSINESS RESOLUTION NO. 70 -56. CLAIMS AND DEMANDS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $53,181.09 AND DEMANDS NUMBERS 9261 -9341. City Treasurer Foutz presented this resolution by title only. Following discussion, it was moved by Councilman Andersen, second by Councilman Hunter, and unanimously carried, that further reading be waived and Resolution No. 70 -56 be adopted. Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen: None ABSENT: Councilmen: None APPROVAL OF AGREEMENT - IMPROVEMENT OF WALNUT GROVE AVENUE FROM KLINGERMAN STREET TO SAN GABRIEL BOULEVARD. City Manager Gunn presented the above agreement and advised the Council that the County of Los Angeles has offered to ful- fill the City's obligations for this improvement on Walnut Grove Avenue. Mr. Gunn recommended approval of this agreement. It was moved by Councilman Maude, second by Councilman Hunter, and unanimously carried, that the foregoing agreement be approved and the Mayor authorized to execute. Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen: None ABSENT: Councilmen: None APPROVAL OF SPECIFICATIONS - 1970 VEHICLE MAINTENANCE. City Manager Gunn presented the proposed specifications and maintenance contract. It was suggested that the specifications and proposal be revised to allow both service stations and auto repair shops to bid on either 1) gas and oil; 2) maintenance and repairs; or 3) on all of the items. There being no objections, the staff was directed to revise the specifications in accordance with the above for presentation at the next Council meeting. 14.( ZAPOPAN PARK - PROPOSED LEASE AGREEMENT WITH EDISON COMPANY. City Manager Gunn advised the Council that the preliminary plans for lease and development of six acres adjacent to the Zapopan Community Center have been reviewed by Edison and an outline of the conditions has'been received by the City. If Page Five C/C 8/11/70 the conditions meet with the Council's approval, Edison Company will proceed with the preparation of the formal lease. Mr. Gunn stated that per Edison's restrictions, the City cannot permit the parking of vehicles on any part of the leased area. The City hopes to eventually provide parking by acquiring property adjacent to the park, either by purchase or lease, but as yet is undetermined. It was moved by Councilman Maude, second by Councilman Hunter, and unanimously carried, that we accept the conditions as proposed and request the Southern California Edison Company to prepare the necessary lease documents, 15. ROSEMEAD PARK COMMUNITY CENTER SITE, Councilman Maude, Chairman of the Recreation and Park Board, stated that the Park Board respectfully requests the Council to go on record as favoring an off -site location for the Community Center, so that maximum open -space on the park will be retained. Following discussion, it was moved by Councilman Pike, second by Councilman Maude, and unanimously carried; that the Council go on record as favoring the possibility of acquiring property adjacent to the park for the Community Center to retain the "open air" atmosphere of a natural park, 16, REQUEST TO PURCHASE CAPITAL OUTLAY ITEMS - RECREATION AND PARKS DEPARTMENT, City Manager Gunn requested the Council's authorization to proceed with informal bids and purchase the below- listed budgeted items: 1. Picnic Tables (10) fiberglass $1000.00 2. Delta /Mission Play Apparatus,. . , . . . 500,00 3. Delta /Mission Concrete Shelter Pad and Play Area Curbing, . . . . 1200,00 4. 21" Rotary Mower, self - propelled, . , , 265.00 5. Pool Starting Blocks,.. . . . . . . . . 700,00 6, Ford Tractor Model #2000, . . . . . . . 2380,00 It was moved by Councilman Maude, second by Councilman Pike, and unanimously carried that the Council authorize the staff to proceed with informal bids and to purchase the above - listed items, not to exceed the indicated amounts, Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen: None ABSENT: Councilmen: None 17. REQUEST TO ADDRESS THE COUNCIL REGARDING SIDEWALKS ON GARVEY AVENUE BETWEEN RIVER AND STINGLE.AVENUES. City Manager Gunn presented a letter from Mr. R. H. Hufft, General Manager of General Golf, requesting matching funds from the City for sidewalk improvements on their property located at 8966 East Garvey Avenue. Mr. Gunn reported that a letter was sent to Mr. Hufft explaining the sidewalk installation procedure in accordance with the provisions of Chapter 27 of the 1911 Act, along with a petition for the property owner's signature to initiate proceedings. MEMORANDUM TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: ZAPOPAN PARK - Proposed DATE: August L:, 1970 Lease Arranc4c ent Wi t-h Edison Preliminary plans for lease and development of six acres behind Za.popan. Community Center have been reviewed by Edison, and an agreement - eturned to us for approval. The attached agreement is submitted for your review and consideration. i f i r i i I C. E. HATHAWAY DISTRICT MANAGER 0 Southern California Edison Company 10 NORTH SECOND STREET ALHAMBRA, CALIFORNIA 01001 TELEPHONE: ' 400 -1118 July 7, 1970 Mr. C. Leland Gunn, City Manager City of Rosemead 8838 East Valley Rosemead, California 91770 Subject: Eagle -Bell T.L. R/W - City of Rosemead Park License - File No. 5- 66- M -55 -3 Dear Lee: The final park license agreement for the Rosemead Community Recreation Area is in the process of being prepared. Our Right of Way people, specifically Mr. Cooke, has beer dis- cussing with you and Mr. Laudenslayer certain conditions that would be applicable in order for this land to be used. These conditions are outlined below and it would be anore- ciated if.you would review these and advise us if there should be any question. At that time we shall proceed with the 'preparation of the formal license. 1. The attached sketch, except as hereinafter modified, sho;as in general the location of the park and the general layout and will not be changed unless consent is granted in writing by Edison as licensor. The City will probably wish to submit a final revised drawing. 2. A final plan of planting will be submitted for Edison's approval. 3. The license term will be for five years commencing September 1, 1970, and ending on August 31, 1975. 4. There will be a fee of $300.00 per year for the use of the six plus or minus acres. 5. The City will add the name of Edison to their present insurance or have a policy of comprehension insurance issued in the amount of $500,000 - naming Edison as additional insured protecting us from bodily injury and property damage liability. 6. The City shall erect a 6 -foot chain link fence around Edison facilities, and shall be 6 feet out from tower footings. Suit - able walk -in gates will be placed in the fence for access by Edison employees. Mr. C. Leland Gunn Page 2 7. The fenced area around the towers shall have locks in- stalled by Edison and the City. The City shall be responsible for keeping the enclosed area free of weeds and debris. 8. All fences and metallic equipment shall have suitable grounding installed. 9. The City will not permit the parking of motor vehicles on any part of the licensed area. 10. All piping shall be installed to withstand the weight of 40 tons on a three -axle truck. 11. 511 equipment operated on Edison property shall maintain a clearance of 15 feet from all overhead conductors. 12. while work is being performed on Edison property, all equipment when not in use shall be parked clear of our property or rendered immobile. 13. In the event an emergency arises or that Edison facilities should have to be relocated or replaced, Z:dison shall not be held liable for damage to park facilities. 14. Edison shall have free and uninterrupted access to their facilities at all times. 15. In the event bleachers are installed in the future :with Edison's consent, said bleachers shall not be constructed under overhead conductors and shall be properly grounded. 16. where it is necessary to install driveways for Edison's use, commercial -type driveways 16 feet wide with curb de- pressions and capable of supporting 40 tons on a three axle .truck shall be constructed. 17. All trees planted within Edison right of way shall be maintained by the City and shall not exceed a maximum* of 15 feet. 18. The City and /or Edison shall have the riGnt to cancel the license by giving each other a one -year notice in :writing. 19. The license shall be subject to General order 69B of the Public utilities Commission of the State of California, a copy of which is attached. C. E. Hathawav CEE:d1 CC: A. C. Cooke PARK > J G w z a TOTS AREA (wl.d ) RCHILDREN E, ,i ( Nrl I T I Z EN$ _f +tip �at<o Q �J — -G A R V E Y— --- -•— e. V ST MULTIPLE USE Pay.d ana yy /f`lha FREE PLAY AKD LOW ANIZEO GAMES IeR.d ene NININUN STAn DCR3 REGO.- i ME1: DATICAS I . I. FOR PRES0100L ACE CMLGREH C.,., Z. ID<I EL SC 0. ACE C .DR..N I I - :. G Kn 4.1 cl 61 ` 6',a. 6 s f PPn.Lwe) II Ha..m_I aadr I 1ur¢oncleam ).0>Tv.ti; :f Av <.LL3'_E fJn.S, SPACE A.ti ATTL.CAA:S L.. [GmPry Iv -- I ZAPO PA E �0k.I, NUU !pvv pQ2CS eI THE CITY OF 7; P0SEIRAEAD � I w WCCUrn ru u,.. ce.Nar uT. WHITMORE ST. ..,' ,. ARE EGLE AREA ,,nic. 1 r��1 Q 4 1 I . /' Irc o 4f ��• PARK > J G w z a TOTS AREA (wl.d ) RCHILDREN E, ,i ( Nrl I T I Z EN$ _f +tip �at<o Q �J — -G A R V E Y— --- -•— e. V ST MULTIPLE USE Pay.d ana yy /f`lha FREE PLAY AKD LOW ANIZEO GAMES IeR.d ene NININUN STAn DCR3 REGO.- i ME1: DATICAS I . I. FOR PRES0100L ACE CMLGREH C.,., Z. ID<I EL SC 0. ACE C .DR..N I I - :. G Kn 4.1 cl 61 ` 6',a. 6 s f PPn.Lwe) II Ha..m_I aadr I 1ur¢oncleam ).0>Tv.ti; :f Av <.LL3'_E fJn.S, SPACE A.ti ATTL.CAA:S L.. [GmPry Iv --