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Resolution No. 5810 ; , : 1 2 3 4 5 6 7 RBSOLUTION NO. 5810 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE CITY OF MONTEREY PARK PROVIDING FOR THE INSTALLATION AND MAINTENANCE OF A REMOTE RADIO RECEIVER AT SEQUOIA PARK IN THE CITY OF MONTEREY PARK WHEREAS, the Police Department of the City of Vernon 8 desires to place a remote radio receiver in the City of Monterey 9 Park for the purpose of transmi tting messages from hand held 10 receivers outside the boundaries of the City of Vernon; and 11 WHEREAS, the City of Monterey Park is willing to enter 12 into a License Agreement authorizing the Police Department of 13 the City of Vernon to install and maintain such a remote 14 facility at sequoia Park in the City of Monterey Park; and 15 WHEREAS, a copy of said license agreement has been 16 submitted to the City Council of the City of Vernon concurrently 17 with this resolution. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 19 THE CITY OF VERNON AS FOLLOWS: 20 SECTION 1: The City Council of the City of Vernon 21 hereby finds and determines that the recitals contained 22 hereinabove are true and correct. 23 SECTION 2: The city Council of the city of Vernon 24 hereby approves the License Agreement which has been presented 25 to the City Council concurrently herewith and orders said 26 Agreement to be received and filed by the City Clerk. 27 III 28 III .. 1 SECTION 3: The city Council of the City of Vernon 2 3 hereby authorizes the Mayor and the city Clerk to execute said 4 Agreement for, and on behalf of, the City of Vernon. 5 SECTION 4: The City Clerk of the City of Vernon shall 6 certify to the passage of this resolution and thereupon and 7 thereafter the same shall be in full force and effect. 8 APPROVED AND ADOPTED this 21st day of August, 1990. 9 10 11 12 13 ATTE.%ll' . /.. A' /' /' /..... /7--- j/ ~~~ BRUCE V. MALKENHORST, City Clerk 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- , :. I ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 " STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 5810, was duly adopted by the city Council of the ci ty of Vernon at a regular meeting of the ci ty Council duly held on Tuesday, August 21, 1990 and thereafter was duly signed by the Mayor of the City of Vernon. 4~ BRUCE V. MALKENHORST, City Clerk (SEAL) -3- LICENSE AGREEMENT This License Agreement ("License") is dated as of Aug. 1990 for identification purposes, and is entered into by and .between the City of Monterey Park ("City") and the City of Vernon ("Permittee") (collectively the "Parties"). A. :The. Permittee desires to place a remote receiver outside the City of Vernon's geographic boundaries in order to aid in the Permittee's emergency communications. B. The City can accommodate a radio .receiver at its Sequoia -Park radio. site and the .placement of such receiver will -not interfere with any of -the radio equipment and other commun- cation systems currently installed on such site. NOW, THEREFORE, the Parties agree as follows: 1. Installation and Storage of Remote Receiver. The City agrees to permit Permittee, or its designee, to enter Sequoia Park .located at 750 Ridge Crest Street, Monterey Park, California 91754 (the "Property") temporarily, in .order to install and store a remote receiver on the Property in order to :provide reception for handheld radios used outside the boundaries of the City of Vernon by the Permittee -for- emergency communications. Permittee agrees to install such remote receiver at a location. on the Property to be designated by the..City's 0097b757.076/9000 -1- 070990-1 designated representative ("Project Manager"), which location may be changed at any time by he Project'Manager'in his or her sole discretion and upon-written notice to Permittee. - `2. Installation of Telephone `Line. The City agrees to allow Permttee>to have a. telephone line connected to said receiver in order to transmit messages to Permittee. -The telephone company shall be given' reasonable `access to the receiver-site subject to paragraphs '3 and 6'hereof. :All charges related to the:-installation and use"of `such telephone line shall be borne by Permittee. - 3: Coordination of'Installation'Operations. Prior. to Permittee's'installation of 'the 'remote-receiver, and continuing until the completion of such work, Permittee shall coordinate. its -installation operations with the Project Manager. The Project Manager .shall have `:control"over the scheduling,"hours, manner of performance and: all .other aspects of Permittee's installation operations, to the extent necessary o insure that performance of Permittee's installation operations do not interfere with or obstruct-any work being: performed on or around-..the Property by the City or cause a public or private nuisance or create a hazardous or injurious situation. 4. Term. The term of this License shall. commence on July 3.0, 1990, or as soon thereafter as this License is duly executed by-both Parties, and shall expire on May 30,2000, 0097b757.076/9000 -2- 070990-1 unless terminated earlier by either party pursuant to paragraph 11 hereof. 5. Maintenance of Remote Receiver. The City agrees to permit thee Permittee to maintain the remote recever.> Prior to Permittee's maintenance of the remote receiver .and..: continuing until_ completion of such work, Permittee shall coordinate: its maintenance operations with .the Project Manager... Permittee shall notify the.: City 24 hours in advance of any proposed maintenance. Project manager shall have control over. the scheduling, hours, manner of performance and all other aspects of Permittee's maintenance- operations, to the extent necessary to ....insure that Permittee's maintenance operationsdo not interfere with or - -obstruct any work being performed on or around. the Property`by the City or cause a public or private.. nuisance. or create a hazardous or injurious situation. City. understands that 24-hour advance notice by Permittee may not be ...possible in situations ` ..where emergency repairs to Permittee's equipment is required... 6. Access to Property. Permittee shall have access to the Property solely in the manner and. only at the times designated by the Project Manager. The City expressly. reserves the right to shift Permittee's permitted point(s), and route(s) of access and time of access to the Property from time to time to the extent- considered necessary by the Project .Manager in connection with .the orderly coordination of the installation..and maintenance operations on and around the Property..: In the. event 0097b757.076/9000 -3- 070990-1 emergency access is required, Permittee shall give the City advance notice to the extent practical inorder to gain access to the.Property. 7. Adequate Security. Permttee shall, at its sole expense, provide safety and security-.measures in connectori.with its use. of the, Property which are adequate to-protect the safety of:all-.users of .the Property .or any adjacent property.' - 8e Insurance. Permittee agrees.:to insure any liabil- ties which may .arise from its use of >the Property -..for;-the , storage and maintenance of the remote receiver- and any actions taken by the Permittee in conjunction .with the,_foregoing,: and o provde.:proof of a liability insurance policy with a combined single_limt of not less than $1,000,OA0.00 9. Assignment. This,License is for the sole-use. and privilege" of Permittee and cannot be-assigned or transferred - without prior written consent of the City which consent may. be ; given by the. City Manager in his .sole discretion. Any. attempt to assign or transfer this license without such consent. renders-this: License void. -10. Rictht of Possession.: Permittee acknowledges and agrees that this .License shall .not create. or grant to the Permittee any possessory...rights_with respect to the .Property. 0097b757.076/9000 -4- 070990-1 11. Termination. This License is revocable at any time; for:: any reason, at the sole-option and discretion of the City without the necessity'`of showing cause. The Permittee may terminate this License upon 24-hour, advance..written notice to the Gity. If the City revokes this License or if this License is otherwise terminated, Permittee agrees to peaceably surrender the Property upon written or oral: demand by the City.:. or its "authorized representative, and to vacate the Property... and to' remove all personal property thereon. Permittee also agrees that it will not under any circumstances be entitled to reimbursement for any expenses ..incurred .under this License or to payment for the value of any improvements to the Property pursuant hereto. 12. Government Restrictions. Permittee agrees that all installation and maintenance operations when undertaken, while in progress, and as completed, shall comply with applicable.. laws, ordinances, statutes, codes., rules, regulations"or other -like matters of any governmental entity, agency or political subdivision. Without limitation of the foregoing, Permittee agrees that installation operations shall not be undertaken until all applicable permits, required to perform such work, have been obtained. 13._- Condition of Property. It is expressly understood and .agreed that Permittee or its designee is permitted on the Property as is, and that the City. makes no representation, covenant, warranty, or promise that the Property is fit for any 0097b757.076/9000 -5- 0.70990-1 particular use,: including the 'use for which this License was entered- ':into, and> Permittee has not-' relied, on`< any .such representation,-covenant, warranty :or promise. The .:..City shall - not be Liable for any' latent or .:.patent defects in or on the Property. The: Permittee :hereby waives all other express `or implied: warranties representations,regarding any latent or patent defects' in the Property. T4, ~ Repair Requirement. Permittee agrees that upon completion for-`any of its installation or maintenance 'operations on or around-the Property or'upon termination of`this License by , the City the Permittee will.- repair- the Property in a manner acceptable_to the.Project Manager. T5. "-Indemnity. From and after the execution of.-.this License;, Permittee agrees to indemnify, defend 'and :hold harmless the City and _any- and all`: its -officers., agents, employees ° :and representatives (collectively, "Representatives") and :each- of theme.: and the Property, from and against all claims, actions, proceedings, losses, liabilities, damages, penalties, costs, attorneys fees and expenses (including without limitation 'mechanics, materialmen's and laborer's liens. and court costs and attorneys' fees .incurred by the .indemnified.. party with respect. to counsel of its .choice) ("Losses" and Liabilities") .'.related directly or indirectly, to or arising out of or in connection with Permittee's .installation, storage or removal of the `remote. receiver and "telephone line on the Property, or any of 0097b757.076/9000 -6- 070990°1 Permittee's activities on: the :Property,' regardless of.whether- said Losses .and Liabilities arise-in tort or contract, or concern personal..injury or__property damage,.'or arise from the negligence of the City. or its Representatives; provided that this paragraph shall not apply to any Losses and Liabilities caused solely'by the intentional wrongful acts. of the City or its Representatives. Permittee, as a material part of ,'the consideration given to City, hereby- (i) assumes all risk of damage. to real'.- or personal property or injury to persons in, upon or about the Property arising. from any cause. including, but not limited to, 'any damage,.. injury to person or death resulting from the condition or use by the Permittee of the Property, or the installation,. storage, use or removal of .the remote receiver or telephone line from the Property. and (ii) waives all claims in respect. thereof against City. 16. Attorneys' Fees.,- If the City. or the Permittee brings an action or files a proceeding to declare the rights .granted hereunder or to enforce any of theterms of this License or as a consequence of any..breach by the opposing Party of its obligations hereunder, then the prevailing Party in such an action or proceeding shall be entitled to have its reasonable attorneys'.fees and costs paid by the losing Party.. 17. Waiver of Rights; Amendment. Delay in the enforcement of any right hereunder by a party shall not result in 0097b757.076/9000 -7- 070990-1 a waiver of. that right and any waiver by a Party hereunder shall require a :writing,;: signed by the Party to be bound, expressly acknowledging that::waiver. This License contains .the :.entire. agreement between the .Parties. The-provisions of this License may not be amended or altered except_by a written instrument fully executed by, each of :.the Parties hereto. 18. :...Rules and Regulations. The_: City reserves the right: to adopt'.. any rules and: regulations: from time; to time governing he-use` of the:Property by Permittee which xules and regulations. shall be :binding. on the Permittee:upon written notice to Permittee by the City. _19. Notices. All communications, notices and demands of any. ,kind. that:. either party may..be:required or desires- o give 0097b757.07.6/90.00 -8- 07099.0-1 1 to the other party shall be made in writing and delivered to the following addresses: To City: City of .Monterey Park Attn: City Manager 320 West Newmark Avenue Monterey Park, California 91754 To Permittee: City of Vernon .Police Department .Attn: Chief of Police 4305 Santa Fe Avenue Vernon, California 90058 Dated: 2 3 , 1990 City of Monte P rk Mark Lewis City Manager 320 W. Newmark Avenue Monterey Park, California Dated: August 27 , 1990 I have read and understand and agree to comply with all of the the above provisions. City of Vernon , Leonis Ma urg. Mayor4_..,... 4305 Santa Fe Avenue rnon, Cali o 'a 90058 Attest : 1 ~ ~~r~'~,% Bruce V. Ma~.kenhorst City Clerk APPROVED AS TO FORBd BY ~~.V ID Y3 . E3FtEARL~Y C:t'~'Y ~TTf~1~REY 0097b757.076/9000 -9- 070990-1 September 20, 1990 To: Louis S. Rosenkrantz, Chief of Police From: Gloria J..Orosco, Chief Deputy City Cl rk ~ Re: LICENSE AGREEMENT FOR REMOTE RECEIVER At the City Council Meeting held August 21, 1990, Resolution No. 5810 was approved-and adopted. Attached hereto is a duplicate original executed agreement. Please forward this agreement to the proper person at the City of Monterey Park and retain a copy for your files. GJO/hr it C v CIL OFFICERS LEO M LBURG, Mayor `V. MALKENHORST, THOMA A. A RA, Mayor Pro-Tem r lministrator/City Clerk m. "BILL" DAMS D B. BREARLEY, H. "LARRY" GONZALES t "it Attorne W. MICHAEL McCORMICK y y /J~OR H. VAITS, TELEPHONES 4~ 'Community Services CITY CLERK .................................583-8811 S R. ADAMS, POLICE DEPT ..............................587-5171 'f Water & Power FIRE DEPT ....................................583-4821 ~ ',Y SPADT, BUILDING DEPT .........................583-8811 i Chief PUBLIC WORKS DEPT .............583-8811 HEALTH DEPT ......................:.....583-8811 CITY HALL ENKRANTZ _.,.ice Chief 4305 SANTA FE AVENUE, VERNON, CALIFG _ y0058 In Reply Refer to: August 16, 1990 City Council City of Vernon Honorable Members: Submitted herewith. for your approval is a License Agreement for the installation and maintenance of a remote radio receiver at Sequoia Park in Monterey Park. Placement of this remote receiver is rEquired for emergency communications. This has been reviewed by the Chief of Police and the City Attorney, and it is hereby recommended that this Agreement be approved and that the Mayor and City Clerk be authorized to execute same. Very ruly yo rs, nn ~ / F` r Buce V. P~alkenhorst ity Clerk BVM/hr POLICE DEPARTMENT BOARD OF POLICE L. S. ROSENKRANTZ COMMISSIONERS POLICE CHIEF LEONIS C. MALBURG, CHAIRMAN THOMAS A. YBARRA ° WILLIAM M. McCORMICK X011` POLICE HEADQUARTERS PHONE 4305 SANTA FE AVENUE (213) 587-5171 CITY HALL 4305 SANTA FE AVE., VERNON, CALIF. 90058 August 7, 1990 TO: B . V . Malkenhorst , City Administrator FROM: L.S. Rosenkrantz, Chief of Police SUBJECT: License Agreement for Remote Receiver Please review the attached License Agreement for placement. of the Remote Receiver .needed for emergency communications. If it meets with. your approval, please forward it to the Mayor for his signature. The City of Monterey Park sent us an original and a copy. The original should be returned to them and the copy is for the City. , Sincerely, VERNON POLICE DEPARTMENT . ~`C . S . ROS KRANTZ CIiIEF OF POLICE ailc CITY OF VERNON FAX TRANSMITTAL LETTER ~ ~ , I FROM: ' ~ DEPT : ~'f.. , ~ ' 1\ l DEPT : L l ~~l4 RE : i`N ~ ~ ; P i TEXT : / (,P.~_~c.~ ~ s ~ r "F ~ .Number of pages including transmittal letter If you do not receive .this transmission. in its entirety or any part is illegible please .contact: r"°'° - ya~_~~ at (213) 583- 8 811 Ext . ,l ~ ~a Thank you.. Sender: rev/7-19 :faxltr