TITLE
Recommendation to authorize City Manager to execute a new License Agreement with Southern California Edison for the City’s use of Southern California Edison-owned right-of-way, which is currently being used as the North Long Beach Community Garden, for a period of five years. (District 9)
DISCUSSION
Since October 1, 1996, the City of Long Beach (City) and Southern California Edison (SCE) have maintained a License Agreement that allows the City to use approximately 0.71 acres of SCE-owned right-of-way between Atlantic and Myrtle Avenues, north of 65th Street (Premises) for horticultural purposes, as illustrated on the aerial map (Attachment). The City, in turn, permits the North Long Beach Community Garden Association to use the Premises for its operation of the North Long Beach Community Garden.
License Agreement No. 29875 expired on September 30, 2011, and SCE has forwarded a newly prepared License Agreement, which will allow for the City’s continued use of the SCE-owned right-of-way as the North Long Beach Community Garden.
The proposed License Agreement contains the following major terms and conditions:
· Term: Five years, commencing retroactively on October 1, 2011, and continuing through September 30, 2016.
· Fees: Will be paid to SCE according to the following schedule:
Fiscal Year Permit Fee
FY 12 $2,140
FY 13 $2,205
FY 14 $2,271
FY 15 $2,339
FY 16 $2,409
· Maintenance: The City is ultimately responsible for all maintenance of the Premises. However, this requirement will be assigned to the North Long Beach Community Garden Association via a renewed permit, which will be issued by the Parks and Recreation Commission.
This matter was reviewed by Deputy City Attorney Gary J. Anderson on September 12, 2011, and Director of Financial Management John Gross on September 21, 2011.
SUSTAINABILITY
The proposed action will result in the continued operation of the North Long Beach Commu...
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