Resolution No. 5908
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RESOLUTION NO. 5908
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND AUTHORIZING
THE EXECUTION OF A GROUND LEASE BY AND
BETWEEN THE CITY OF VERNON AND SPINIELLO
CONSTRUCTION CO.
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WHEREAS, the City of Vernon owns certain real property
in the City of Vernon located on the north side of 55th Street
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between Santa Fe Avenue and Alameda Avenue; and
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WHEREAS, section 37380(a) of the Government Code of the
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State of California provides that a city may lease property
owned or held or controlled by it or any of its departments for
a term not to exceed 55 years; and
WHEREAS, the City Council of the City of Vernon finds
and determines that the approximately easterly one quarter of
said real property containing 14,450 square feet is not
necessary for immediate use and occupancy by the city of Vernon;
and
WHEREAS, Spiniello Construction Co. of 2414 East 223rd
Street, Long Beach, CA has expressed an interest and desire to
lease said easterly portion of said real property containing
14,450 square feet for a storage yard in order to complete two
public works contracts for the City of Los Angeles; and
WHEREAS, Spiniello Construction Co. has offered to
lease said property for One Thousand Four Hundred Forty-five
Dollars ($1,445.00) per month on a month to month basis; and
WHEREAS, an agreement entitled "Ground Lease" by and
between the City of Vernon and Spiniello Construction Co. has
been submitted concurrently herewith.
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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
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hereby finds and determines that the recitals contained
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hereinabove are true and correct.
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SECTION 2:
The City Council of the City of Vernon
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hereby approves the "Ground Lease" by and between the city of
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Vernon and Spiniello Construction Co., a copy of which has been
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presented to the City Council concurrently with this resolution
and the City Council hereby orders said "Ground Lease" 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
Agreement for, and on behalf of, the City of Vernon.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 2nd day of April, 1991.
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EONIS C. MALBUR~, Mayor
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BRUCE V. 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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4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 5908, was duly adopted by the city Council of the
6 ci ty of Vernon at a regular meeting of the City Council duly
7 held on Tuesday, April 2, 1991, and thereafter duly signed by
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the Mayor of the City of Vernon.
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~N~
BRUCE V. MALKENHORST, City Clerk
(SEAL)
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EXECUTION COPY
GROUND LEASE
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This Ground Lease is made and entered into this
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tJ/'lcL
_ day of ~LL
, 1991, in the City of
5 Vernon, County of Los Angeles, California.
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SPINIELLO CONSTRUCTION CO.
2414 East 223rd street
Long Beach, CA 90810
(hereinafter designated and
referred to as "Lessee")
BY AND BETWEEN
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AND
THE CITY OF VERNON, a Municipal
Corporation, hereinafter
designated and referred
to as "Lessor" or "city",
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WITNESSETH:
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WHEREAS, Lessor owns that certain real property located
in the city of Vernon, County of Los Angeles, State of
California, which is located on the north side of 55th Street
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between Santa Fe Avenue and Alameda Avenuej and
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WHEREAS, Lessor wishes to lease a portion of said real
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property to Lessee, containing approximately 14,450 square feet,
which parcel is identified and shown in red on Exhibit A as the
easterly portion of said real property and which Exhibit A by
this reference is incorporated herein as though fully set forth
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at length; and
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WHEREAS, section 37380 of the Government Code of the
state of California provides that a city may lease property
owned or held or controlled by it or any of its departments for
a term not to exceed 55 years; and
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2 WHEREAS, the city Council of the city of, vernon has
3 found and determined that the described portion of said real
4 property is not necessary for immediate use and occupancy by the
5 City of Vernon for a public purpose and may be leased on a
6 short term basis for uses not incompatible with the use to which
7 the property is presently dedicated; and
8 WHEREAS, Lessee has expressed an interest and desire to
9 lease said portions of said real property for a storage yard in
10 order to complete two public works contracts for the city of Los
11 Angeles invol ving the cleaning and repair of cast iron water
12 mains; and
13 WHEREAS, the parties hereto desire to jointly provide
14 for the use of said property in such a manner as to be
15 compatible with the city's needs and uses of said property.
16 NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS
17 HEREIN CONTAINED AND THE MUTUAL BENEFIT TO EACH PARTY, IT IS
18 HEREBY AGREED AS FOLLOWS:
19 1. The recitals contained hereinabove are true and
20 correct and are incorporated herein as though fully set forth at
21 length.
,22 2. The premises shown on the attached Exhibit A are
23 hereby leased to Lessee effective April 1, 1991, to have and to
24 hold on a month to month tenancy until terminated pursuant to
25 section 10.
26 3. Lessee shall pay to the City at the time of
27 acceptance of the lease the sum of One Thousand Four Hundred
28 Forty-five Dollars ($1,445.00) for the month of April, 1991, and
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shall deposit One Thousand Four Hundred Forty-five Dollars
($1,445.00) for the last month of the lease. Lessee shall also
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pay monthly during the term of this lease, to the city, the sum
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of One Thousand Four Hundred Forty-five Dollars ($1,445.00), on
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Upon termination pursuant to
the first day of each month.
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section 10, any prorated amount which is due and payable to
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Lessee shall be refunded by the city when the property has been
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vacated in proper order.
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4. Lessor leases the property described and identified
in the attached Exhibit A to Lessee to use for a storage yard
for the purpose of completing contracts Nos. 8432 and 8516 with
the city of Los Angeles.
Any other use of said property must
receive written approval of the City council.
5. Lessee shall pay for all materials placed upon said
property, shall not affix any equipment or buildings to said
property, and shall not cause or permit any liens of any kind or
nature to be levied against said premises for any work done or
materials furnished thereon and shall perform all reasonable
maintenance including but not limited to repairing the chain-
link fence and posts; and removing all weeds and debris.
6. Lessor, its agents, representatives, and employees,
reserve and shall at any and all times have the right to enter
the premises at all reasonable or necessary times for the
purposes of carrying on business or activities requiring the use
of any or all of the leased area until such business or
activities are complete.
III
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7. Lessee shall indemnify and hold harmless Lessor
against and from any and all claims arising form Lessee's use of
the premises from any activity, work or other thing done,
permitted or suffered by the Lessee in or about the premises and
shall further indemnify and hold harmless Lessor against and
from any and all claims arising from any act or negligence of
the Lessee or any officer, agent, employee, guest or invitee of
the Lessee, and from and against all costs, attorney's fees,
expenses and liabilities incurred by reason of any such claim or
any action or proceedings brought thereon. If any case, action
or proceedings be brought against Lessor by reason of. any such
claim, Lessee, upon notice from Lessor, shall defend the same at
Lessee's expense by counsel reasonably satisfactory to Lessor.
Lessee as a material part of the consideration to Lessor hereby
assumes all risk of damage to property or injury to persons in,
upon, or about the premises, from any cause other than Lessor's
negligence, and Lessee hereby waives all claims in respect
thereof against Lessor.
8. Lessee shall faithfully observe and comply with the
rules and regulations of all federal, state, or local agencies
which have jurisdiction over the project.
9. Lessee shall not, either voluntarily or by
operation of law, transfer, mortgage, pledge, hypothecate, or
encumber this lease or any interest therein, and shall not
sublet the said premises or any part thereof, or any right or
privilege appurtenant thereto, or suffer any other person
(employees, agents and servants of Lessee excepted) to occupy or
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use the said premises, or any portion thereof. Lessee shall not
assign this lease without the written consent of the Lessor.
10. This lease may be terminated by either party giving
wri tten notice to the other of its intention to terminate at
least thirty (30) days in advance. If not so terminated, .this
lease shall continue on a month to month basis. This lease may
also be terminated for breach or for cause by giving ten (10)
days notice in writing with a statement setting forth the breach
or cause. Interference wi th the city's use of the non-leased
portion of the property for whatever purpose shall constitute
cause for termination. Lessor shall have the right to enter and
take po~session of said premises upon the termination of this
lease, in addition to any other remedy provided by law or this
lease. Such notice may be given by delivering the same
personally or by mailing the same to the address hereinabove
given or to such address as each may in writing from time to
time direct, and the giving of such notice by mail shall be"
complete at the time of mailing. Upon termination of this
lease, Lessee shall leave the premises clear of all debris and
weeds. All appurtenances (chain-link fence and posts) shall be
in proper working condi tion as determined by the Director of
Community Services. Failure to restore the property to the
saitsfaction of the Director will result in the city having the
necessary work done at the expense of the Lessee.
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11. Public Liabilitv Insurance. Throughout the term
of this lease, Lessee shall, at its sole cost, keep or cause to
be kept in force, for the mutual benefit of Lessor and Lessee,
insurance policies in the amount and proof thereof in accordance
with the insurance schedule attached hereto as ExhibitB.
12. Failure by Lessor to exercise any of the stipulated
rights arising under this contract shall not be considered a
waiver of any right or condition thereof.
13. This lease contains all of the agreements of the
parties with respect to the tenancy created and cannot be
amended or modified except by a written agreement.
14. This lease shall not be recorded.
15. This lease shall be construed and interpreted in
accordance with the laws of the state of California.
16. Lessee shall not use the premises or permit
anything to be done in or about the premises which will in any
way conflict with any law, statute, ordinance or governmental
rule or regulation now in force or which may hereafter be
enacted or promulgated. Lessee shall, at its sole cost and
expense, promptly comply with all laws, statutes, ordinances and
governmental rules, regulations or requirements now in force or
which may hereafter be in force and with the requirements of any
board of fire insurance underwriters or similar bodies now or
hereafter constituted relating to or affecting the condition,
use or occupancy of the premises. said judgment of any court of
competent jurisdiction or the admission of Lessee in any action
against Lessee whether Lessor be a party thereto or not, that
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Lessee has violated any law, statute, ordinance or governmental
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rule, regulation or requirement, shall be conclusive of that.
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fact as between the Lessor and Lessee.
Executed in duplicate this
day of
, 1991.
CITY OF VERNON, "Lessor"
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BY:~~~7.
~ ONIS C. MALB RG, May. r
torney
SPINIELLO CONSTRUCTION CO.,
"Lesseell
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EXHIBIT
""An
CITY TRANSFER STAT/ON - 55TH STREET
330,48'
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INSURANCE SCHEDULE (CONTRACTOR)
The contractor shall provide proof of insurance, including a
standard certificate of insurance, in at least the following
amounts and coverage (combined single limit permitted):
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Coveraqe and Limits
BodilY In;ury Property Damaqe
Each Person Each Accident Each Accident
Hazards
Automobile Liability
Owned Automobiles
Hired Automobiles
Non-owned
Automobiles
Workers' Compensation
Employers' Liability
II. General Liability
Premises Operations
Elevators
(if applicable)
Independent
Contractors
Products - Completed
Operations
Contract Liabilitv
Umbrella Liability
$ 500,000
$ 500,000
$1,000,000
$1,000,000
$ 500.000 $1,000,000
$ statutorv
$1,000,000 per employer
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000.000
$1,000.000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$1,000.000
$ 500,000
$ 500,000
$ 500,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1.000.000
$1.000.000
a. The general liability policy shall contain the following spe-
cial endorsements which shall be noted on or attached to the
standard certificate of insurance:
1. An endorsement naming the city of Vernon, its officers,
and employees as insureds under the policy.
2. An endorsement providing the city of Vernon thirty (30)
days notice of cancellation or material reduction of coverage.
3. An endorsement providing coverage for all operations un-
der City of Vernon contract number ·
4. Such other endorsement as may be required by addendum
hereto.
b. In addition to the standard certificate of insurance, proof
of general and umbrella liability coverage shall be furnished in
the form checked below. Certification of thefollowinq proofs
by the insurance aqent or broker will not be accepted:
X For each policy, a letter from the underwriter or carrier
certifying that the coverage and statements in the stand-
ard certificate of insurance (attached thereto) are true
and correct and that the signator is an officer authorized
to so certify.
A copy of each policy certified by an officer of the un-
derwriter or carrier and notarized.
Exhibit B