Resolution No. 5732
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RESOLUTION NO. 5732
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH CROW-
COPLEY-VERNON #1 ASSOCIATES FOR THE
INDEMNIFICATION OF THE CITY OF VERNON IN
THE INSTALLATION OF A PUBLIC ROAD CROSSING
AT MALBURG WAY AND SLAUSON AVENUE
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WHEREAS, pursuant to a condition of Parcel Map No.
8 19848, approved by the City Council on August 23, 1988, CROW-
9 COPLEY-VERNON #1 ASSOCIATES (hereinafter "Company") is
10 required to install a right-turn lane northbound from Malburg
11 Way onto Slauson Avenue, which right-turn lane will be located
12 substantially within the city limits of the city of Vernon,
13 and which proj ect will include control signals for the
14 intersection; and
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WHEREAS, said right-turn lane will cross the right-of-
16 way and tracks of the Union Pacific Railroad Company
17 (hereinafter referred to as "UPRR") and will be constructed by
18 or under the direction of the UPRR; and
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WHEREAS, the city of Vernon and UPRR desire to enter
20 into an agreement for the construction of the railroad
21 crossings and signals of said project which will cost One
22 Hundred Thousand Two Hundred Twenty-Eight Dollars and Zero
23 Cents ($102,228.00); and
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WHEREAS, Company has deposited with the City of Vernon
25 the amount of One Hundred Two Thousand Two Hundred Twenty-
26 Eight Dollars and Zero Cents ($102,228.00), to cover the
27 estimated costs of construction; and
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WHEREAS, Company has signed an agreement entitled
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"Indemnification Agreement" which has been submitted
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concurrently herewith, in which Company agrees to indemnify
the City of Vernon for any damages arising from the UPRR
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crossing Agreement and to pay the costs of construction.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City council of the City of Vernon
hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION 2:
The City council of the City of Vernon
hereby approves the Indemnification Agreement with Company, a
copy of which has been presented to the City Council
concurrently with this Resolution, and the city council hereby
orders said Agreement to be received and filed by the City
Clerk.
SECTION 3:
The City Council of the City of Vernon
hereby authorizes the Mayor and the City Clerk to execute said
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Agreement for, and on behalf of, the city of Vernon.
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The City Clerk of the City of Vernon shall
SECTION 4:
certify to the passage of this Resolution and thereupon, and
thereafter, the same shall be in full force and effect.
APPROVED AND ADOPTED this 20th day of March, 1990.
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BRUCE V.
~~)
k~ .. EONIS C. MALB G, Mayo
MALKENHORST, city Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, city Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 5732, was duly adopted by the city Council of
the city of Vernon at a regular meeting of the city council
duly held on Tuesday,March 20. 1990. and thereafter duly
signed by the Mayor of the city of Vernon.
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BRUCE V. MALKENHORST, city
Clerk
( SEAL)
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CITY COUNCIL ~ ~ OFFICERS
` BRUCE V. MALKENHORST,
LEONIS C. MALBURG, Mayor
THOMAS A. YBARRA, Mayor Pro-Tem City Administrator~City Clerk
Wm. "BILL" DAMS DAVID B. BREARLEY,
H. "LARRY" GONZALES City Attorney
W. MICHAEL McCORMICK
VICTOR H. VAITS,
TELEPHONES Director of Community Services
'g : t,
• ~ LEWIS R. ADAMS,
CITY CLERK ................583-8811
POLICE DEPT . ..............587-5171 Director of Water & Power
FIRE DEPT. ...583-4821 LARRY SPADT,
BUILDING DEPT 583-881 I Fire Chief
PUBLIC WORKS DEPT........ 583-8811
HEALTH DEPT . .............583-88] I CITY- HALL LOUIS ROSENKRANTZ
Police Chief
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 !n Reply Refer ro:
March 27, 1990
David B. Brearley
City Attorney
2440 S. Hacienda Blvd., Unit 223
Hacienda Heights, California 91745
Dear Mr. Brearley:
Per your instructions, attached hereto is the Indemnification Agreement
for transmittal to Union Pacific Railroad Company for their execution.
Please return as soon as possible.
Very truly yours,
/ ,
i ~a~~Jc ¢'`a ~ ~ ~
sco~
Chief Depu City Clerk
GJO/hr
Enclosures
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~ ~ ~ EXECUTION COPY
INDEMNIFICATION AGREEMENT
THIS AGREEMENT is made and entered into and executed in
duplicate originals, either copy of which may be considered and
used as the original hereof for all purposes this day of
1990
BY AND BETWEEN THE CITY OF VERNON
A Municipal Corporation of the
State of California.
4305 Santa Fe Avenue
Vernon, CA 90058
(hereinafter referred to as
"VERNON")
CROW-COPLEY-VERNON #1
ASSOCIATES
5835 .South Eastern Avenue ~
Los Angeles, CA 90040
(hereinafter referred to as
"COMPANY") i
RECITALS
WHEREAS, the COMPANY has been required as a condition.
of Parcel Map No. 19848, approved by the City Council of VERNON
on August 23, 1988, to install a right-turn lane northbound from
~~~Malburg on Slauson Avenue (hereinafter "COMPANY
improvements"); and
WHEREAS, the Union Pacific Railroad Company-
(hereinafter referred to as "UPRR") will be constructing certain
crossing improvements pursuant. to an agreement with VERNON
...entitled "Crossing Agreement" in the estimated amount of One
Hundred Two Thousand Two Hundred and Twenty-Eight Dollars and
Zero Cents ($102,-228.00); and
WHEREAS, COMPANY has deposited the amount of one
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Hundred Two Thousand Two Hundred and Twenty-Eight Dollars and
Zero Cents ($102,228.00) (hereinafter the "Deposit") with the
City Clerk of VERNON to cover the estimated cost of said
improvements; and
WHEREAS, the Crossing Agreement with UPRR requires
VERNON or its contractors, subcontractors, officers, agents, and
employees, and others acting under its or their authority to
indemnify UPRR and to obtain and provide proof of insurance
coverage for UPRR.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS AND AGREEMENTS .HEREIN CONTAINED THE PARTIES HERETO
AGREE AS FOLLOWS:
SECTION l: The foregoing recitals are true and correct
and constitute valid consideration for this agreement.
SECTION 2: COMPANY agrees:
(a) To pay solely out of the Deposit the costs of
the improvements to be constructed by UPRR
pursuant to said Crossing Agreement.
(b) To indemnify and hold VERNON harmless to the
maximum extent permitted by law, with respect to
any and all claims for personal injury, property
damage, or any other claim whatsoever which may
arise as a result of the negligence of COMPANY,
its contracters or subcontracters in the design
and construction of said COMPANY improvements
until said COMPANY improvements are accepted for.
dedication by VERNON.
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SECTION 3: The parties agree:
(a) That the law of the State of California and the
jurisdiction of the courts of the State of
California shall govern the.. enforcement of this
Agreement.
(b) That any notice required by this Agreement may be
given by United States mail at the addresses
hereinabove stated.
(c) To cause the dedication-and
acceptance. of Company improvements
as soon as reasonably possib] e.
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IN WITNESS WHEREOF, the parties hereto have executed
this Agreement or caused this Agreement to be executed by their
respective officers, duly authorized, as of this date, month and
year first above written.
CITY OF VERNON
BY :
EONIS C. MAL URG, M or
ATTEST/ED~: / /
BY : / ~ i~
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM: n
BY : ~ ot.,-r.~ Q ~ ~ XD i
DAVID B. BREARLEY, C y Attorney
CROW-COPLEY-VERNON #1
ASSOCIATES.
BY
MART E. SLUS
Managing .General Partner
Crow-Copley-Vernon #1
Associates, A California
General Partnership
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