CONTRACT 1458 License Agreement/45
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PARK LICENSE
THIS AGREEMENT, made and entered into as of the
--_JQ1 j day of Se tember_, 1975, by and
between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation
organized under the laws of the State of California, herein-
after called "Licensor", and the City of El Segundo, a
municipal corporation, hereri'after 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 of five (5) years commencing on the 1st day of
October, 1975 and ending on the 30th day of September, 1980,
unless sooner terminated as herein provided, solely for the
purposes hereinafter specified upon and subject to the reser-
vations, terms, covenants and conditions hereinafter set forth.
The real property hereinafter referred to is located
in the City of E1 Segundo, County of Los Angeles, State of
California, and is described as follows:
Lot 31 as said lot is shown and delineated on
a map entitled "Property of Southern California Edison
Company, Ltd., Map No. 8" recorded in Book 3, page 1,
et seq., of Official Naps in the office of the County
Recorder of Los Angeles County.
Excepting therefrom that portion lying within
the Northerly 225 feet of the Easterly 27 feet of said
Lot 31.
SUBJECT TO covenants, conditions, restrictions,
reservations, exceptions, rights and easements whether
or not of record including but not restricted to the
following:
1. The right of El Segundo Land and Improvement Company,
its successors or assigns, to lay, maintain, repair,
restore, increase the size of, and remove pipes and
conduits, in and upon, under or across said land, for
the purpose of distributing water as recited in the
Deed from Los Angeles Trust and Savings Bank, recorded
in Book 6233, page 187 of Deeds, in the office of the
County Recorder of said County.
3. Covenants, conditions and restrictions as
set forth and imposed by the above mentioned
deed which 000tuion a lender's clause.
I. The Licensee agrees to use the above described
�Dcemiaea for park and recreational purposes only.
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%. In oouuootioo with the use of said premises
for pack and recreational purposes, and not in limitation
of the generality of the foregoing, it is also specifically
agreed that the Licensee shall meet the following conditions
at its ouIe expense:
(a) Any equipment used by Licensee on the premises
obaII be maintained in such manner as to provide for
a minimum clearance of 25 feat from all structures and
17 feet from all overhead noudontoco,
(b) Licensee shall provide adequate access to all
atcootoceo and at no time is there to be any inter-
ference with the free movement of uioeuoor'a equipment
and materials.
(o) couetzootiou areas shall be watered dn°o
periodically in such manner as to prevent dust con-
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tomivatiou of Liceuaoc. a insulators. /
(u) Any feeder lines and/or agciokleco installed
on the premises shall be capable of withstanding a
gross load of 40 tons on a three -axle vehicle.
(o) Licensee shall install suitable identifica-
tion markers indicating the location and depth of any
underground line and/or pipelines.
(f) Any underground facilities within the licensed
area shall have a minimum cover of three feet in order
to avoid interference with future underground facilities
of the Licensor. It is expressly understood that in the
event such facilities interfere with the construction of
additional facilities by Licensor, the Licensee will
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reimburse Licensor for the difference in cost to cons-
truct and maintain its facilities so as not to interfere
with Lice000r'o proposed facilities or, at the option
of the Licensor, Licensee will relocate its facilities
at its v*u expense so as not to interfere with Lioeu-
soz's proposed facilities.
(g) Any earth disturbed by Licensee and/or
baokfilliog within the licensed premises shall be com-
pacted to 90 percent in order to avoid future erosion,
and in no case shall soil be disturbed within 15 feet
of existing tower footings.
(b) No facilities shall be permitted on the
licensed area without the express written consent of
Lioeuaoc. All facilities constructed by Licensee
shall be constructed in a manner so as to clear all
conductors by a minimum distance of 25 feet.
(i) All trees or plants within the licensed
area shall be maintained by the Licensee and shall
not exceed a height of 15 feet.
<j> Gbnulu Licensee fence the licensed area,
then Licensee shall install sixteen -foot double
drive gates at such locations as shall be designated
by Licensor.
(k) Licensee shall insure that no flying of
kites or model airplane or other activity which would
cause contact with overhead onudoctoza will be con-
ducted on the licensed premises.
(l) Parking of vehicles on the right of way will �
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not be permitted.
(m) Adequate grounding moat be provided on all
fencing and metallic structures.
(n) Licensee shall provide for and install patrol
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roads 16 feet wide and capable of supporting 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, Attention: Right of Way
and Land Department, Property Management Section,
P.O. Box 410, Long Beach, CA 90801, for approval
prior to commencement of any construction.
3. 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.
4. The Licensor reserves for itself, its successors
and assigns, the right, without prior notice to Licensee, to
construct, maintain, operate, repair, replace and/or inspect
upon, over and in said property, transmission lines for electric
energy, telephone lines and/or pipelines, together with appurte-
nant structures and the right to use said property or any
portion thereof, for any purposes that said Licensor may
desire in connection with its business, together with the
right to enter upon said premises 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 the destruction
or damage of any property on the above described land resulting
from the exercise of the said rights or any thereof.
5. This License is solely for the use of the Licensee,
and the Licensee shall not assign or transfer this License or
any privilege thereunder, in whole or in part, and any attempt to
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do so shall be void and shall confer no right to any third
party.
6. Licensee agrees to pay all charges and assess-
ments for or in connection with water, electric current, or
other utilities which may be furnished to or used upon said
premises by the Licensee during the continuance of this License,
and agrees to pay, when due, all taxes and assessments which
may be levied upon the property which it may cause to be placed
or maintained upon the said property, and agrees to keep
said premises free from all liens and encumbrances by reason
of the use or occupancy of said property by itself or any
person, firm or corporation, claiming under it. It is further
agreed that in the event the Licensee shall fail to pay the
above mentioned taxes, assessments, charges or liens when
due, the Licensor shall have the right to pay the same and
charge the amount thereof to the Licensee, who agrees to pay
the same on demand, together with eight percent (8 percent)
interest per annum from the date of expenditure by the Licen-
sor.
7. The Licensee agrees, for itself, for its agents
and employees and any person or persons claiming under the
Licensee, to save harmless and indemnify the Licensor, its
successors and assigns, and its and their officers, agents,
employees, tenants and licensees from and against all claims,
demands, loss, damage, actions, causes of action, expense
(including, but not limited to, court costs and attorney's
fees) and/or liability arising or growing out of loss of or
damage to property, including Licensor's own property, or
injury to or death of persons resulting in any manner, directly
or indirectly, from the exercise of the rights granted hereunder.
The Licensee further agrees to indemnify and hold harmless the
Licensor, its successors and assigns, for any loss or damage
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occasioned by the construction, maintenance (including, but
not limited to, the washing of insulators), operation, or
presence of the transmission lines for electric energy, telephone
lines and/or supporting structures or other improvements or
facilities now or hereafter located in, on or over the Licensed
Property or adjoining land of the Licensor notwithstanding
the circumstances that Licensor may or may not also be alleged
and/or determined to have been concurrently or otherwise negligent
(including active negligence) and/or to have jointly caused
or contributed by such negligence (including active negligence)
to any such claims, demands, loss, damage, expense and/or
liability in any such case.
8. The Licensee further agrees to secure and keep
in force throughout the life of this License, Comprehensive
Bodily Injury and Property Damage Liability Insurance, including
Contractural Liability with limits as follows: not less than
Two Hundred Fifty Thousand Dollars ($250,000.00) for injury to
or death of one person in any one occurrence; not less than
Five Hundred Thousand Dollars ($500,000.00) for injury to or
death of two or more persons in any one occurrence; and not
less than Two Hundred Fifty Thousand Dollars ($250,000.00)
for damage to property in any one occurrence. Such insurance is
to be placed with companies and be in a form satisfactory to
Licensor and shall be in the name of the Licensee with the
Licensor named therein as an additional assured. Said policy
or policies shall further provide that in the event of a material
change or cancellation, the Licensor shall be given thirty (30)
days' prior written notice of any change or cancellation directed
to Southern Caifornia Edison Company, Insurance Division, P.O.
Box 800, 2244 walnut Grove Avenue, Rosemead, California 91770.
Certificates of insurance (or upon demand, certified copies of
policies) shall be filed with and approved by the Licensor.
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Licensor reserves the right to change the place where such
notice is to be given.
9. Subject to the provisions of Paragraph 3 herein,
it is hereby further agreed that either party hereto may, if it
so elects, terminate this License at any time prior to the
expiration of the term thereof by giving thirty (30) days'
notice or by depositing the same, enclosed in an evelope post-
age prepaid and properly addressed, in the Post Office of the
United States, and upon expiration of such thirty (30) days,
this License shall wholly cease and terminate. Notice shall deem
to have been given when it is, or should have been received.
10. 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 termina-
tion or cancellation.
11. Flammable materials shall not be stored on the
licensed property at any time without the express written consent
of Licensor.
2. Licensed area shall be cleared of all encroach-
ments at Licensee's expense upon thirty (30) days' written
notice.
3. Licensee, at its sole expense, shall relocate or
remove any of its facilities, whether above or below ground,
upon written request by Licensor.
4. Licensee agrees to pay Licensor the sum of One
Hundred Eighty Five Dollars ($185) upon the execution and
delivery of this License and One Hundred Eighty Five Dollars
($185) on the st _day oft er of each year thereafter
for rental in advance for the real property covered by this
License.
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I IN WITNESS WHEREOF, the parties hereto have
2 caused this instrument to be executed in duplicate as of
3 the day and year herein first above written.
4
SOUTHERN CALIFORNIA EDISON COMPANY
5
.t,
Ylce Psi
By
By-
.... .�
r' Assistant Secretary
10
ATTEST: CIT �F EL" SEGUNDO
11 By_
(SEAL)
12 City Clerk "�
13 �""1^�" 7 �� �i` By Mayor Pro Temrore
14 _ CITY ATTc`Y'— LICENSEE
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