TITLE
Recommendation to authorize City Manager, or designee, to execute a new License Agreement with Southern California Edison for the City’s use of Southern California Edison-owned right-of-way, for the continued use of the premises 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 68th Street (Premises), for horticultural purposes, as illustrated on the aerial map (Attachment). The City, in turn, permits the North Long Beach Community Garden Association (Garden Association) to use the Premises for its operation of the North Long Beach Community Garden.
License Agreement No. 32380 will expire on September 30, 2016, and SCE has forwarded a newly prepared License Agreement, which will allow for the City’s continued use of the Premises as the North Long Beach Community Garden.
The proposed License Agreement contains the following major terms and conditions:
· Term: Five years, commencing on October 1, 2016, and continuing through September 30, 2021.
· Fees: As consideration for the use of the Premises, the City shall pay SCE an annual License Fee, which will be due in advance of each agreement year. The License Fee represents a 3 percent increase over the prior License Agreement’s most recent License Fee, and includes a 3 percent annual escalator. License Fees will be paid to SCE according to the following schedule:
Year License Fee|109| $2,481.24|109| $2,555.68|109| $2,632.35|109| $2,711.32|109| $2,792.66
· Maintenance: Under the License Agreement, the City is ultimately required to maintain the Premises to levels satisfactory to SCE. The City, in turn, assigns the responsibility for maintenance to the Garden Association via a proposed renewed permit...
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