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CONTRACT 4399 Vender Agreement Agreement No. 4399 SCE Doc.31443 Att. Contract No. 9,4991 C1'Y"..g 1�:�-_SEGUNDO 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 ABA'T'EMENT) 12,FLAMMABLES,WASTE AND NUISANCES 13,PESTICIDES AND HERBICIDES 14.HAZARDOUS WASTE 15. SIGNS 16,FENCING 17.PARI{WAYS 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 Ia-�It1�uI�Q..✓� ) -1-- 11.20.2012_V9.1 Agreement No. 4399 SCE Doc.31443 Att, Contract No. 9,4991 37. RECORDING 38. COMPLETE AGREEMENT APPENDIX; GUIDELINES FOR STANDARD LICENSEE IMPROVEMENT'S ➢niI°.gaol ,, ..�/�ro.....�...._.� I.�;�t�e000°Licensee: 11.20.2012 V9.1 Agreement No. 4399 SCE Doc.3144.3 Att. Contract No, 9,4991 LICENSE AGREEMENT THIS AGREE MENT 'between SOUTHERN CALIFORNIA ED18ON COMPANY, a corporation organized under ffic laws of the State of California, hereinafter called "Licensor", and CITY OF EL SZGUNDO, hereinafter called "lAcetisee"; WITNESSWI-1: That Licensor, for arid In consideration of the faithful performance by Licensee of the terms, coveiwnts and agreements hereinafter set forth to be kept anti 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 t.nKde a part hereof, being 0.01 acres, situated in the City of E41 Segundo, County of Los Angeles, State of California. Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record.- 1. Use.- Licensee will use the Property for Banner i Sign 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 repivoentation, 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 March, 2,013 and ending on the last day of February, 2018, Licensee aelmowledges that this Agreement does not entitle Licensee to any subsequent agreement, for any reason whatsoever, regardless of the use Licensee mal(os of the Property, the improvements Licensee places on or makes to the Property,or for any other reason, 3. Considerqfign: Licensee will pay to Licensor the sum of Five Hundred and 00/100 Dollars ($500.60) upon the exectition and delivery of this Agreement for the full term of this Agreement. All accounts riot paid within 30 days of the agreed spore due. date will be charged a late fee equal to ten percent(1011%)of the amount due,To the extent a payjaient is not made withiri sixty (60) days, Licensor may increase the late fee totwerity percent(9-0%)) of the amount due, Licensoi�,shall further be entitled to any other fees associated Nviffi collection of the Linpaid 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. 4. Insurance: During the term of this Agreement, Licensee shall maintain the following insurance; (a) 'e qfl<ers'ComvcfisFLIIQU 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, OA Licensor/Licensee -3- 11,20,2012-V9,1 Agreement No. 4399 SCE Doc,31443 Att. Contract No, 9.4991 disease each employee, and, disease/policy li-rait. Licensee shall require its insurer to waive all rights of subrogation against lAcensor, Its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor. (b) oM pier ciial General Liability insurance, Including contractual liability and products liability, with limits not less than $1,000,000M per occurrence, Such insurance shn1l, (I) name Licensor, its officers, agents and employees as additional insuMds, but only for Licensee's acts or omissions; (ft) be primary for all Purposes (111) contairi separation of insureds or cross-liability clause, and (iv) require its insurer to walve all rights of subrogation against Licensor, Its officers, agents and employees, except for any liability resulting from the willful or p 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 lnsuran= Licensee may self-insure all of the Insurance roquirements above if they belong to an approved Secondary Use Category and the self-insurance is maintained under a self- insurance prog ,ram reasonably satisfactory to Licensor. Banner / sign 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 materislly reduced,without thirty days prior written notAce to Liceasor, ten (lays for non-payment of premium. The required insurance policies shall be rawintairled 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 t1l`e_Pj:_Op t - Licensee agrees that Licensor, its successors and 9U assigns, have the right to enter upor, the Property, at all times, for, arty purpose, and the 'right te, conduct any activity on the Property. Exercisc of these rights by Licensor, its successors and assigns, Will not resl:il• fil compensation to Licensee for tiny damages whatsoever to personal property and/or crops located on the Property. 6, Licermee's 11-riprovements. Licensee mUst subiuft, for Licensor"., prior written appmval, complete improvement plans, including grading plans, iderttifying all existing and proposed briprovenients, a minfraurti of sixty (60) (lays prior to malcing 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 iti the Appendix are interided to provide a frarnework for the development of conceptual plans only; and that Licensor may inodify or add to tbe conditions contained in the Appendix hereto, based an Individual site characteristics, Licensor's existing or potential operathig needs or Licensee,,,; proposed use(s). Licensee must submit, for Licensor's prior written approval plans rOr any modifications to a-Lich improvements, Written approval rriay, be modifled and/or rescinded by Licensor for any reason whatsoever. At any time, Licensee may be required to modify and/or remove a R.V. or all such previously approved improvements at Licensee's risk and expense and withailt any compensation from Licensor. Licensor is not required, at any tiln(-, to nial<c any improvements, alterations, changes or additions of any nature whatsoever to the Property, Licensee expressly acknowtedgea that any Initial(lt5 )/(-e -4- 11,20.2012 V9.1 Agreement No. 4399 SCE Doc.31443 Att, Contract No, 9.4991 expen(litQres or improvements will in no way alter Licensor's right to terminate in accordance with Article 28. 7, M!cenaee's Personal P-LoRyly: All approved equipment and other property brought, placed or erected on the 'property by Licensee shall be anti remain the 'Property of Licensee, except as otherwise set forth herein. If Licensee is not in default hereunder, lAcensee shall have the right to remove the seane from the Property at any time prior to the expiration or earlier termination of this Agreement; provided, however, that Ticeilsee 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 cure(I such default, and Licensor shalt have a lien thereon to the extent thereof. Licensee furtber acknowledges and agrees that Licensor is no't responsible for Licensee's property, Licensor further as,*umes no eluty or obligation to maintain or secure Licensee's property Including, buL not limited to such times, when Licensees property may not berernoved by Licensee frora the Property in the event of a default, 8. Utight Limitations and Vertical Clearances: Any equipment used by Licensee or its agents, employees or contractors, on and/or adjacent to the Property,vdil be used and operated so as to maintain minimum clearances from all overhead electrical conductors as designated in the table below: Vehicle/ Xquipment Vertical Clearance —500,kV 36 feet 220 W-66kV 30-feet e66kV (Disti-i',I)tAti011.faCil�itie$) : -feet L-T i�eom, 18 feet All trees and plants on the Property will be maintained by Licensee at a triaximuni height of fifteen (15) feet. If requested by Licensor, Licensee will remove, at Licensee's expense, any tree and/or other planting. 9, Acce§,s_gnd Rqi pq 111 at Clearances: Licensee will provide Licensor with adequate access :1 to all of Licensor's facilities on the Property and at no time will there be any interference with the free movement of Licensor',q equipment and materials over the Property. Licensor may require Licensee to provide and maintain access roads within the Property, at a minim-Lim 'usable width of sixteen (10) feet, together with con-imercial driveway aprons and mirb depressions capable of supporting a gross, load of forty (40) tons on a three-axle vehicle, 'rho mininium width of all roads shall be increased on curves bya(ilstai�ic,eecit�talt,,o400/in.,31der,acl,iLisofcurvature, 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 inake 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 at-id. 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. L ce sar/1,10ensee -5- 1 1.20.2012V9,I Agreement No. 4399 SCE Doc.31443 Att. Contract No, 9,4991 10, Rarldtg: 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 Meed Abateinentla Licensee will keep the Property clean,free from weeds, brush, rtibbish and (Achris and in a condition satisfactory to Licensor. 12, P11amTnables,_)YAs1e and 1!l'ul,54=-S: 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 tiny to be done, Licensee will,be responsible for the control of and will be liable for any damage or disturbwace, caused by dust, odor, fitumnable or waste materials, noise or other nuisance disturbances. Licensee will not permit animals on the Property. 13. Pesticides and Tlerbicides: 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. •azanious Waste: Licensee will not engage in, or permit ally other party to engage in, any activity on the Property that violates federal, state or local laws, rales 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, har mless from any and all claims, loss, damage, actions, causes of action, erq)ensea 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 attilbutable to the actions of, or failure to act by,Licensee or any person claiming Linder Licensee. 15, ajELq: 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)dayo from the date on which the Licensee becomes aware of the graffiti remove 8,ny sippis containing graffiti or shall otherwise remove such graffiti from the signs in a manner reasonably acceptable to 14censor, Licensee shall not advertise on arty Sign any product, service, or good which is offensive to the public or wbich Licensor, in Its reasonable discretion, deems objectionable. 16. L7c_q : Licensee may install fencing on the Property with prior written approval front Licensor. Such fencing, will include double drive gates, a rnimmum of twenty (20) feet in width, designed to tIeWl-nalodate, [Acensor's locks, in locations specified by Licensor, Licensee will ground and maintnin all fencing in a manner acceptable to Licensor, 17, Paritwevs and Land.pqAijfji a n _1,: Licensee will keep parkway and, sldcwalt� areas (U�cc t to the Property free of weeds, brush, rubbish arid debris. Licensee will. maintain parkways on the Property and provide landscaping t1lat is QoIrLpaljbie with atboining,properties and tW-d is sat:lsfactol°y to Licensor. 18, Ltligation ExI1,1(p,_In LQtq: Any irrigation equipment located on the Property prior to the conimencernent of this Agreement, including but not limited to pipelines, well purnping eqiiipinent and other structures, is the property of Licensor and will reixiain on and be surrendered with the Property I V X Initial El L-S )/J^A� Licensor/Licensee "6- 11.20.2012-Y9.1 Agreement No. 4399 SCE Doc.31443 Att, Contract No. 9.4991 upon termination of this Agreement, Should Licensee desire to use the irrigation equipment, Licensee will inabitain,operate,repair and replace, if necessary,all irrigation equipment'at Its own expense, 19. Undcreround and Above-Groul TanLcq: Licensee will not in-stall underground or above-ground ii6–t7age'tanlcs- , as defined by any and all applicable laws or regulations, without Licensor's prior written approval. 20. Underaround Facilitlefl: Any underground facilities installed or maintained by Licensee on the Property must have a miniraum 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 (9011%). Licensee will relocate Its facilities at its own expense so as not to interfere With Licensor's proposed facilities, 21. jBgjqO: Licensee will pay all charges and assesbinents for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property. 22. 'faxes, Assessments and Liens: Licensee will pay all taxes and assessments which may ments, including but not linifted to, be levied upon any crops, personal property, and improve buildings, structures, and fixtures on the Property, Licensee will keep the Property free from all liens, including but not limited to, racchanics, Liens and encumbrances by reason of use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above-nientioned 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 clue 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 or Licensee will be performed and paid for at the sole cost and expense of Livensee, witho"ut 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 Libensce, an(] 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, p1ppa t ice with Lnw� Licensee will comply with all applicable,. _VLI zA federal, state, =aty and local laws, all covenants, conditions and restrictions of record and alt applicable ordinances:, zonbig restrictions, rules, regulations, orders and any requirements of any duly constituted public a-Lithorides now or hereafter In any manner affecting the Property or the strects and ways adjacent thereto, Licensee will obtain all permits nnd other governmental approvals required in connection with Licensee's activities hereunder, 26. G r : The existence, validity, construction, operation and effect of this �4-0—V q Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California. 27. Ln .deipnificn6on: Licensee shall hold harinless, defend Pvad indemnify Licensor, its officers, agents and employees, and its successors and assip pis, from and against all claims, loss, damage, actions, causes of actions:, expen.", and/or liability arising fron) or growing out of loss or damage to property, Inclu ding that of Licensor, or injury to or death of persons, g 0"p including of Initial�i I' Licensor/Licensee 11.20,2012_V9,1 Agreement No. 4399 SCE Doc.31443 Att. Contract No. 9.4991 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, Terroinatiow, Licensor inay cancel. and terminate this agre-etnent, 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 calicel 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 or 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 or 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 We 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 "clatise, g" of this Article which has not been stayed or dismissed within thirty (30) days after the commencement thereof. Initial W-1-1 1 ACen SOY/Licensee 11,20.2012V9.1 Agreement No. 4399 SCE Doc.31443 Att, Contract No. 9,4991 30. Rernedies: In the event of any defiltlh by Licenqcc, then in addition to utay other remedies available to Licensor at law or in equity, Licensor shall, have the laxinedia"e option to terminate this Agreement and all rights of Licensee hereunder by giving written notice of terinination 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 gooda. In addition, Licensor may burnedlately recover from Licensee an amounts clue and owing hereunder,phis interest at the maxima rate perinitteel by law on such amounts until Paid, as well as any other amount necessary to compensate Licensor for all the detriment proxiinately caused by Licensee's failure to perform its obligations under this Agreement, Such amounts shall include, but are not flinited 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 otheilvise maintain Licensee's property and may, at its option sell such property or otherwise dispose of it, 31, 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 terrninat-c this Agreement. 32, W .givy: No waiver by Licensor of emy provision hereof shall be deemed a waiver of any other provision hereof or of any subseqiient breach by Licensee or the same or any other Provision. TAcensor's consent to or approval of any act shall not be deerned to render unnecessary t-be obtaining of Licenser's consent to or approval of any subsequent act by Licensee, 33, At kb rity, This Agreement is pursuant: to the authority of and upon, and is sill ect to the conditions prescribed by General Order No. 69-C of the PLiblic 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. Attornpys-'-Fccq: In the event of any action, aidt or Proceeding agahist the oti-jer, related to this Agreement, or any of the rnatters contained hel-eill, tile sticcesSrul party in such action, suit or proceeding shall be entitled to recover from the other p,,u,ty reasonable itttorncy fees incurred. 35, ELep_trLv and Mavactic FlItIds "EMF` Thcre are numerous som,ces Hof power- fre(I I I c ncy electric and magnetic field ("EMVI), including hou.,johol<1 or building wiring, clectrical appliances and electric power transinission and distribution facilities. There have been numerous -scientific studies about the potential health efileets of EMF, interest in a Potential link bawcen long-term exposures to Df MI?and certain disens"s 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 magn(AIC field exi)(VIAlres as a Possible human carcinogen. Many of the ciuct;tiolls about specific (11'seases have been successAilly resolved clue to all ;-iggl'essive itiLernational rouef,irch Program. However, Potentitilly iniportant 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 th,ctt Is ill clone oroxi�oliky to Licensor electric facilities, Licensor wants to share with Licensee rand those w?jo I)ILly c, initial Licen'sor/Licensee 11.20.2012_V9.1 Agreement No. 4399 SCE Doc,31443 Att. Contract No. 9.4991 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 waiting 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—Eastern Region 2131 Walnut Grove Avenue Rosemead, CA 91770 To Licensee: City of El Segundo 350 Main Street El Segundo, CA 90245 Business Telephone No. (310) 524-2359 or(310) 714-2517 Licensee will immediately notify Licensor of any address change. 37. Recording: Licensee will not record this Agreement. 38. Comoletc. Agreement: Licensor and Licensee aclazowledge 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. SO'1.1"I"'l°I1a,RN CALIFORNIA EDISON COMPANY Ny R LICENSO" t --®- Date KATIE SANCIIEZ Land Services Agent Land Management—Eastern Region Real Properties Department 1rrida:1 -10- I. c.ellsorlUcensee 11.20.2012_V9,1 Agreement No. 4399 SCE Doc.31443 Att, Contract No, 9,4991 CITY OF Elh,SEGUNDO By—.- M. . -� LICENSEE Date Print Names tY Muna er PP 7 : CITY AT OR EY Cl AF E "Cla .. Initial Licensor�1,�ce�`]ecc� -11- ]f.24.2012_.V9,1 Agreement No. 4399 SCE Doe.146471 Att, Contract No. 9.4991 APPENDIX Guidelines for Standard Licensee TajjLicLvLqie t, 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 ap,proval.r2!.,(9r to the start oLwLy constraction one,"Licensor"pigperty, Plans should be developed indicating the size and location of all planned improvenients, The plan should spcciiy the ftmensions of all planned Improvements as well as the distance of all planned finprovenients from property lines (And Wt act acent "Licensor" towers, poles, pay wires oj, other "Llconso:r" facilities, The plan must show the locations of all ''Licensor" towcrs and poles, 16-foot wide access roads, main water lines and water shut-off valves, electrical service lines and parhing areas. All plans must indicate adjacent streets and include a"north arrow" and the Licensee's name. El_IAl_)_)4f_��T RUCTURES {Definition;A non-flarnmable frame covered on the top with a material designed to provide shade to aid in growing plants) 1. Shade structures must maintain rninbrum spacing of 50 feet between shade structure locations, should be placed perpendicular to Licensors overhead electrical conductors (wires) unless otherwise approved in writing,by Licensor, and should not exceed inaximum dimensions of', a. 100 feet in length b. 50 feet in width c. 15 foot 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-flamaiable frame only c. Adequately grounded by a licensed electrical engineer d. Shade covering must be non-flammable and manufactured with non-hydrocarbon materials, Licensor/ 'Onsc 11.20.2012_V9.1 Agreement No. 4399 SCE Doc.145471 Att. Contract No. 9,4991 Sl=1A.Cr l-lOUSEa111G`1"L-OUS1i'S {Definition: A simple, non-flammable, enclosed structure designed to control temperature without the benefit of heating and/or air conditioning units to aid inpropagating 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 overhbad 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 o. 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. Nonflammable frame only c. Adequately grounded by a licensed electrical engineer d. Covering must be non-flammable and manufactured with non-hydrocarbon materials (De /pion:An enclosed structure designed to control temperature and/or humidity by the use of heating oriel/or air conditioning units to aid in propagating and/or growingpkints) Greenhouses will be considered on a case-by-case basis, AMt, 11'j,t)N SYSTEMS 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 Liceznsoor'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 LL anikial�. ) cRZZ�.ser; -2 - 11.20.2012w9,1 Agreement No. 4399 SCE Doc,11.6471 Att. Contract No. 9.4991 c. 100 foot radius around dead-end tower legs,H-Frames and poles 4. Sprinlder 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 e 7. Underground facilities must have a minimum cover of three feet 8, Earth disturbed must be compacted to ninety percent(90 0/0) LAND'S" A1'LN-0,' 1, No trees will be permitted under the overhead electrical conductors or within 20 feet of the "drip line" of the conductors 2, 'frees must have slow to moderate growth, and must be of a variety that grows to a maximum height of no Mcre than 40 feet and must be maaantained 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 nwdules 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" 3. Sewer or gas lines to trailers must be approved in writing by Licensor Initial. k. ) Licdr�sor/Licensee u - 3 - 11.20.2012_V9.1 Agreement No. 4399 SCE Doc.14-6471 Att, Contract No, 9,4991 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 A'l_'EAfa 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 TONAQ 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 maternal 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 Licenser'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 will be permitted 7. Storage of diesel fuel on the property may be permitted with Licenser's prior written approval, The follo w'ing OTC guidelines: a. Maximum 200 gallon tank (temporary placement, must be removable and not to become permanently affixed to the property) b. Only above-ground tanks will be permitted c. Taub (with containment basin) must include a 10'x 10'cement pad d. Tanks will not be permitted within the access areas or directly under or within 10 feet of the conductor drip lines. 8. Any fencing aroLUZd the storage areas must have Licensor's prior written approval. 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