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Resolution No. 1352 ~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Law Offices 1ulIuie, Darling & SItIItudl Las_II -- . . . RESOLUTIO:N :NO. 13~2 1 2 3 RESOLU'fIOJ' OF THE CIn COUllCIL OF 'mE CITY OF VEUOI APPROVING Alfi) AU'fHORIZING THE EXECU'fIOI BY THE CITY OF A LEASE BETWEEI THE CITY OF VEIUiOI A.1iD SOlJ'fHElUf CALIFORIIA EDISON COllPAfi LEASIliG CERTAIli REAL PROPERTY OF THE CITY OF VERIOJ' TO SOU'fHEIUi CALIFORliIA EDISOB' COMPANY. 4 5 6 ....----------------- 7 8 The City Council of the City of Vernon does resolve as 9 follows: W}Jli':REAS, the City of Vernon (hereinaftersometi.mes referred to a's Vernon) as Lessor and Southern California Edison Company (hereinafter sometimes referred to as Edison) as Lessee have here- tofore entered into and executed a certain Agreement of Lease dated the 23rd day of February, 1937, which said lease is still in full force and effect, wherein and whereby Vernon leased to Edison cer- tain real. and. personal property of Vernon consisting of an electric generating plant and interconnected electric transmi'Ssion and dis- tribution system; and WHEREAS, it has been determined that in order that the property covered by said Agreement of Lease may hereafter 'Serve in an adequate, safe, proper, modern and efficient manner the presellt and future demands of all customers and consumers within the pre'sent I corporate limits of Verlloll that alterations, extensions, additions and improvements in and to the property eovered by said Agreement of Lease be made consisting of the construction, maintenance and operation of a new and addit ional outdoor type transformersubsta- tion; and WHEREAS, it is for the best interest of the City and the inhabitallts thereof that said additional substation be located on the property of the City of Vernon described in said lease, a copy ot which is attached hereto and made a part hereof; and - 1. - tt tt 1 WHEREAS" the execution of said lease and the perform- 2 ance of all things therein contemplated and the use or the 3 property of the City of Vernon for the purposes therein described 4 are for the benefit of the City and its inhabitahts: 5 NOW, '1'HEREFORE, BE IT RESOLVED AS FOLLOWS: 6 Section 1: That the City of Vernon does hereby approve 7 said lease, and the Mayor of the City of Vernon is hereby author- 8 ized and directed to execute the same in duplicate in the name of 9 and for and on behalf of the City of Vernon." and the City Clerk 10 is authorized and directed to attest his signature and to affix 11 the seal of the City thereto, and therafter deliver to Edison an 12 executed copy of said lease. 13 Section 2: The officers and employees of the City of 14 Vernon are hereby authorized and directed to carry out the pro- 15 visions of said lease in accordance with its terms. 16 Section 3. The City Clerk of the City of Vernon is 17 hereby directed to certify the passage of this resolution and 18 thereupon and thereafter same shall be in full force and effect. 19 ADOPTED AIID APPROVED, this 1947. 20 22 .? Ai'rEST~ /.0VZv~' /S~ATE OrlAiiFORNIA ) : ss COUNTY OF LOS ANGELES ) I, T. J. FURLONG, City Clerk of the City of Vern.on" do hereby certify that the roregoing Resolution No. 1352 was duly adopted by the City Council of the City of Vernon" and approved by the JIayott of said City at a regular adjourned meeting thereof held on August 25th, 1947. 21 23 24 25 26 27 28 30 /2 .;-~ ~erk . <,.---- .. - 29 31 32 ........ 1 2 3 4 6 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~ - '. .. ~-~ AGREEMENT THIS AGREE~lliNT, made and entered into this 25th day of August, 1947, between the CITY OF V'ERNON, a municipal corporation of the State of California of the sixth class, hereinafter referred to as "Vernon", and SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter referred to as "Edison 11 ; WITNESSETH.! WHEREAS, Vernon as Lessor and Edison as Lessee have heretofore entered into and executed a certain Agreement of liease dated the 23rd day of February, 1937, hereinafter called the "Agreement of Lease", wherein and whereby Vernon leased to Edison certain real and personal property of Vernon consisting of an electric generating plant and intereDnnected electric transmission and distribution system, all as in said Agreement of Lease more specifically set forth. and described; and WHEREAS, by Supplemental Agreement by and between the parties:thereto, dated July 6, 1937, the term of said Agreement of Lease was fixed as a period of TEN (10) YEARS, commencing on the 30th day of May, 1937, and ending on the 29th day of May, 1947, subject to an option in said Agreement of Lease contained granting to the City of Vernon the right and option to extend said Agreement of Lease for an additional period of TEN (10) YEARS, with a similar right and option to extend the same for additional ten (10) year periods; and WHEREAS} The City Council of the City of Vernon at a regular meeting held on October 1, 1946, duly adopted Resolution No. 1319, wherein Vernon did exercise said option to extend said Agreement of Lease for an additional TEN (10) YEAR period commencing on the 30th day of May, 1947, and ending on t 29th day of May, 1957, subject to the terms and conditions in - 1 - .. ~ el el C . ~ 1 said Agreementi'6f Lease contained, including the optionp,f 2 Vernon to make additional extensiorf of said Agreement o~ Lease; / 3 and 4 WHEREAS, Vernon, in accordance with. the terms and 6 conditions of said Agreement of Lease, notified Edison ill writing 6 of the adoption of said Resolution No. 1319; and 7 8 WHEREAS ,. Said Agreement of Lease was, on or a bout 1, 1946, extended for an additional TEN (10) YEAR PERIOD 9 commencing on the 30th day of May, 1947, and ending on the 2~th 10 day of May.,,~957, subject to the terms and conditions of said . 11 Agreement of Lease, and 12 WHEREAS, by Section-7 of said Agreement of Lease :'?;;/'- - ""- ~ 13 Edison coyenanted that it would frpm time to time make such ~4 al tera.;tions; :....extensions, additions and improvements 15 the pt-bpert.l" boveJ~d' thereby as should be requi~ed, or - necessary . . in. ord~r that 'paid ~roperty"might thereafter and from time to . .'. J 17 tiJiie .-arve in .,an adequate, s~e, proper, modern and'efficient 16 " 18 manner the demands of all customers and consumers, both 19 and fllture, within the then corporat,e limits of Vernon, 20 to the. terms and conditions of said Agreement of Lease; and ;<i"~,, ,}~' 21 WHEREAS, Edison has determined that in order that the 22 propeP"ty ,cQv.er.ed by said Agreement of Lease may hereafter serve' 23 24 26 26 27 28 29 30 31 32 in an adequa~~, s~e, proper and efficient manner the present; and future demands of all customers and consumers within 'the" present corporate limits of Vernon, that alterations ,extensions" additions and improvements in and to the property covered by saiq. Agreement of Lease be made consisting of the construction, main- tenance andoper.ation of a new and additional outdoor type former substation more parti.cularly described hereinafter; and: lease from Vernon th~ hereinafter described real property, situate in . Vernon', and construct., maintain .and operate thereon an outdoor type -'. 2.- -, " _I '. ,1 transformer substation which shall be used by Edison for serving 2 the demands of customers and consumers, both present ,and future, 3 within the present corporate limits of Vernon in accordance with 4 the terms of said Agreement of Lease; and 5 WHEREAS, Vernon is willing to lease to Edison sa1d 6 real property for such purpose for the term and upon the 'terms 7 and conditions hereinafter stated; 8 NOW, THEREFORE, in consideration of the premises and of 9 the mutual covenants of the parties hereto hereinafte~ set out, 10 IT IS AGREED AS FOLLOWS: 11 Section 1. Vernon does by these presents lease, let and 12 demise unto Edison, and Edison does hereby lease from Vernon, 13 that certain real property situate in the City of Vernon, County 14 of Los Angeles, State of California, as delineated on the drawing 15 attached hereto marked Exhibit "A" and made a part hereof and 16 more particularly described as follows, and hereinafter referred 17 to as the "leased premises", to wit: 18 A. Those portions of Lot 35 and Lot 36, respectively, 19 of the 500 Acre Tract of the Los Angeles Fruit Land Association, 20 as shown on Map recorded in Book 3, Pages 156-and 157 of Miscel1ane 21 ous Records of said County, described as follows: 22 23 24 25 26 27 28 29 30 31 32 Beginning in the southerly line of 50th Street (40.0 ft. wide) ata point 40.0 feet easterly from the easterly line of the Right of Way.of Los Angeles Bureau of Power and Light, as described in Deed recorded in Book 6640, Page 32 of Official Records of said County; thence along said southerly line o of 50th Street, North 88 51' 28tf East, 340.00 feet; thence South 010 08' 32tf East, 290.07 feet; thence South 880 52' 10" West, 339.97 feet; thence North 010 08' 55" West, 290.00 ,~-, ~'~ feet to the aforesaid point of beginning, - 3 - , -, _I '. 1 containing 98606 square feet, more or le~s, 2 ' reserving to said City of Vernon, however, 3 the right to use, for private driveway 4 purposes the westerly thirty (30) feet of 6 the above described parcel of land. 6 B. Right of Way and Easement, with right of access, 7 for construction, maintenance and operation of underground ducts 8 and/or overhead electrical construction over, under and across 9 contiguous portions of said Lots 35 and 36, within certain 10 strips of land descri'bed as follows: 11 (1) A strip of land thirty (30) feet 12 wide, extending from the above described 13 parcel of land southerly to the northerly 14 line of Fruitland Avenue, the westerly line 16 of said strip being parallel with and forty 16 (40) feet distant, easterly from the easterly 17 line of said Right of Way of Los Angeles 18 City Bureau of Power and Light. 19 (2) A strip of land thirty ,(30) feet 20 wide, extending easterly from the easterly 21 line of the above described Right of Way 22 and Easement (1) to the westerly line of 23 Downey Road, the northerly line thereof 24 being in a line parallel with and fifty 26 (50) feet southerly !rom the southerly 26 line and its prolongation east~rly of the 27 above described parcel of land (A). 28 Section 2. Edison shall P~if to Vernon as rent for 29 said leased premi~es a monthly rental of Three Hundr~d Dollars ' 30 ($300.00) per month in advance, payable in lawful money of the 31 United States of America, commenci:ng, on the date hereo1', 32 and on the corresponding date of each and every cale:ndar .1 4 - - . 6 Section 3. The property hereinabove desaribed'shall 1 month thereafter during the term hereof. 2 Edison has paid to Vernon concurrently with the 3 execution or this agreement the sum of'ThreeHundred ($300.00) 4 Dollars in payment of the first month's rental, receipt of which 6 is hereby acknowledged by Vernon. 7 be used only for the purpose of constructing, maintaining and 8 operating thereon an outdoor type transforme~ substat~on, 9 including but without limitation, necessary transformers,switche 10 overhead and underground transmission and/ordistribution lines, 11 incidental equipment and structures, all of which shall be deemed 12 alterations, extensions, additions and improvements made pursuant 13 to the terms of the said Agreement of Lease, and shall be con- 14 structed, maintained, operated, accounted for, transferred and 16 released in accordance with and shall be subject t.o the terms and 16 conditions of said Agreement of Lease applicable to alterations, 17 extensions? ~dd~t~ons ,and il11provements, E,XCEPT ,;tpree,,(J) 66 KV 18 feeder lines! to be construct~d by ,Edis~m;h~reunder f10m the 19 Edison System to said transformer substation which shall be and 20 remai.n the property of Edison and shall be constructed, operated 21 and maintained by Edison at its sole cost and expense, and at the 22 termination of this agreement shall be removed by Edison at its 23 sole cost and expense, which said ,Three (3) 66 KV feeder lines 24 are generally described as follows: 26 26 27 28 29 30 31 32 (a) One (I) 66 KV feeder line extending from the new transformer substation to be constructed hereunder westerly along 50th Street to Alcoa Avenue~ and (,b) Two (2) 66 KV feeder lines exten- ding from Fruitland Avenue ,to the new trans~ former substation to be constructed hereunder. - 5 - 4 5 6 7 8 9 10 11 12 13 _I .. ( . 4Ia ". '\I, i", 1 Section 4. The term of this agreement shall commence 2 on the date hereof and shall end upon the expiration or the 3 termination of said Agreement of Lease. Section 5. All structures, equipment and facilities, including but without limitation" transformers, switches, over- head and underground transmission and/or distribution lines installed and constructed by Edison on said leased premises shall be and remain personal property regardless of the mode or manner of annexation or attachment of said property to said leased premises. Section 6. Edison does hereby agree to protect, indem- 14 nify and save harmless Vernon, its officers, servants, agents and employees from ,any and all claims, demands, damages or causes of action of any kind, nature ,o.r d,~scription, resulting from or claimed to have res,ulted :from. the us~ or occupancy by Edison of said leased premises, or its failure to exercise proper care in the use or occupancy thereof and/or from any lien or charge in that behalf or attaching to the said leased premises. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 7. Edison shall ke~p and maintain the leased premises and the improvements placed .thereon in good, c,lean, and safe condition and repair at all times during the term hereof. Section 8. Neither this agreement nor any of. the rights of Edison hereundersh;all be sold, assigned, transferred, hypothecated, or encumbered by Edison, nor shall the leased premises be sublet in whole or in part, without the consent in writing of Vernon first had and obtained, but shall otherwise not only be binding upon and inure to the benefit of the parties hereto, but also upon, and to the benefit of, their successors and assigns. Section 9. In the event of any default at any time by Edison in the payment of the rent herein provided for, or in the 32 performance of any of the agreements herein contained, then in - 6 - 2 3 ~,' . '.;. 4 6 6 7 8 9 12 13 14 16 '\. _;1 _I . .... .. ~, .. .. 1 . have or that it might hereafter acquire under any existing. law, order" rule::or regulation, or under any law, order, rule or r~gu1atio~ that might be enacted or adopted hereaf'ter under or by virtue of ~hich Edison has or might have the right" to: compel Verno;p to ,make any such repairs,. replacements, improvements or additions. 'to "the le.ased premises covered by this agreeme;nt;' or '-~~,;' any 'part. thw,eof; and Wi th respect to any repairs, re,placements, ,:;;;""Cfi . ,', ,"', , improveme~tSl; or '~ditions to the ,leased premiselircover,ed by . ',. ,..' .OJ''.>, ~h'is"~g~'EimeIl~; 0' 'any p,a;ct !.~he;reof, made or required to' be made du.r:Lng the"term l:le~eoi.~ O~ ,.JlY extension or extensions hereof, ,';:;_' <- ..;~- ,~--.- _ - ~,(, ~ . - - J',!'" ','~ ' . g~s"'on agli~E!e,~~ to" /a:nd ~Des iiereby holdVernon, its officers and ageni:;s, employees,::and inhabi~nts harmless from loss, lia:t;>~l,ity .' , or dainage;ar'!si.ngthere:f'rom or occasioned ther,eby. Nothing cont~i.ned )b:"thiS Section 12 shall relieve Vernon from any obligation tft pay, ina:ccordance with the terms of said Agreement .,- ;"'-;';.i." 16, .of Lease,' Baison for alterations, extensions, additions .and im- 17 18 19 20 21 provements made by Edison on the leased premises. Section 13. Edison agrees that in the event.' ~r, suit or proceedings are brought .to enforce or interpret any of the. 2.6 . . terms and conditions of this agreement, it will, in the: event any judgment in .favor of Vernon is entered in such suit or proceedings, pay to Vernon a reasonable attorney's fixed.by the Court in ,said action or proceeding. Section 14. All notices from Vernon to.Edison sent by United States mail, postage thereon prepaid., . addres'sed t'o the President, Southern California Edison Company " 601 West Fifth Z7 , Street, Los Angeles 13, California. All notice$ from .Edison t.o ; Vernon shall be sent by United States mail', postage thereon pre"'!' 29 30 31 paid, addressed to City of Vernon at Vernon Crty Hall-,Ver?on, ti""w it~ -, " Ca11forn~:a..; ,'l$~rvice of notice sent by mail as afitiresaid shall :~_ ~ti>:;J'~y,:" upon the deposit thereof in the United States do " - 0 - 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 . _I _I .. .,' .. . mail. ,iI.t is agreed that if Edison shall hold 3 after said term or any extension or extensionS.thereof, 4 the consent, express of implied, of; Vernon,such holding, j3hall . 5 construed to. ~'O~",St" tenancy only from month to month., ,,' 'if 6 Section 16. Tim.e is to be, and is, of the -~.","'. t<- .~. this agr~ement.' "~' "'i":4- .,,~~'" "S~ctiio~":,,tl. This agreement shall not be ef.fec;tive " until it,.b.as geerCauthorized by the Public Utilities Co_1ssio~ of the State... o! Calif'ornia. t"~ - ,. , WITNEf~S1.;,the aitl &1," the Mayor of said City, and the . ",;e_.-. , ":~._ ,'~{;',' ' -';',' < 'f:'.~...",_, City .,Cle~ of said Cit:r, and,thei Seal of said Ci t1, and also #.:'" .", ~ ,,;c, _, _' the hand ..and sea.1" of 'Southern' California Edison Company the day . ~~" and year first above ~ltten. :.",:. )-',~(~ .'-- "', '. ~ SOUTHERN CALIFORNIA EDI N COMPANY, ./ ' . , ~ By~ ~,:, .-:".:-~ .....~ . ,,' " -'- ," - . , .' -- - .. , - " '- . -, . Attest: . - - . ~ ecretary , - 9 - .. . '11 26 27 28' 29 30 31 32 "'el ~.,. On this 12th day of" August t 1947, bet ore me, Dorothy M. a . Notar1Publie in and tor said county t personall,. , HAROLD, .Q,UINTON, known to .me to be a Vice president, '&ad T,. F. BURKE, known to ..me to be an Assistant Secretary of the Corporation that executed the w1 thininstrwaent, known to .me to be the persons who executed the within instrument on behal1'ot the corporation within nped, and acknowledged .to Jle that sueh Oor- :Po~a:tion executed the.sue. IN WITNESS WHEREOF, I haTe hereunto set .my hand and attixed my otficial se.lin said COlUlty, the 'day and certitieate tirst ahoyewritten. Not~PaA~t, 01' LOS Angeles, state 01' CalLtornia My COIXuriissien Expires. Dee. 16, 1950 -li- <t j-l C O! Cl'l ~. '" 0 () j ~ ~ -1 ! / " .tJ) <(I. \, ti: 150~ FRUtTLAN.D/,<;,' r )~ 'C: ,[.I 1\ ':::/ 5t 9 J~ t" ..f J.l t1 1 Uj[\( / , i-l > '0 <( />, Ir1 I ",.1 ~r.,.f f', " ",,\. l'eftM IIW .. .... 10... . ., 50 ~ '-4". (;. S ,\:v ..., :::; ~: ,~:) qG-. (~ .< I · v ()'. ~ ,t)) -:' I ~'. ~) -.j '<l '''-' ,- '-' j \) ~ 1:::" I '~. ~) ,Ct:: .. I . ;.r t.. t l;.J C) ... I "-l~' I .;:;. I """...., I ~.J) r;.... ...:\.J "-.. :~~ L EG E.'~/ L1. : r l- -'-1- ...J J =- !.-o~ 3~ 8(Z.} flight of Woy. --, 7-r) .~ \--':01 !ili~ ?,\/ ~~ (' 9 ~~ ...\2 .\. ,):;> "'J i ~, ((.> i C)tl " , ;( 1 ~:"~~ j \ ' ~: ') E)t 40' ~ ....:.a.: ...... ~ - ~I ~ I L.(;(7/ J.O. 7~OZ M:'S. 5'l-85' VERNON. C,'TY SL'B5TA PROPOSED LEASE FOl? SUB'5/TE ~ RIGHT. or U;4YS POl? ElECTR/C UNf5 FfiOMCIFJ( OF V{RNt)N.P;;~,C~F CO,-.-::..--.---.c- . SOtm4-i;RN c:AUFORNIA ~SON eo~L:TD:) I "A" SUBSTATION z':o" 'W39. 97 ~ EX H I BIT \' AI D!'?:t/1 /:; It s . CITY OF VE'.RNON Se.r. /1308 A. '.. ,.,.. ) .. fAd 51: '"....(/ IC) . !:.) (,..) ~) , 4 <:) ci cr.: ''\ { . '.'wl ~i'> ""." (. 1\,1 /.... / , . , " '," ,<;" I <~ ) AVE. a.