Resolution No. 5965
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1 RESOLUTION NO. 5965
2 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND AUTHORIZING
3 THE EXECUTION OF AN INDEMNIFICATION
AGREEMENT BY AND BETWEEN THE CITY OF
4 VERNON AND SERVCON, INC.
5 WHEREAS, an Environmental Impact Report ("EIR") must be
6 prepared for a project within the City of Vernon which Servcon,
7 Inc. ("Applicant") seeks to develop; and
8 WHEREAS, the cost of retaining a consultant to prepare
9 the EIR may be borne by Applicant, pursuant to Public Resources
10 Code Section 21089; and
11 WHEREAS, the City of Vernon desires to be indemnified
12 by Applicant in the event that the City is named a party
13 defendant in litigation attacking the validity of said EIR.
14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
15 THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon
17 hereby finds and determines that the recitals contained
18 hereinabove are true and correct.
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SECTION 2: The City Council of the City of Vernon
20 hereby approves the Indemnification Agreement, a copy of which
21 has been presented to the City Council concurrently with this
22 resolution and the City Council hereby orders said Agreement to
23 be received and filed by the City Clerk.
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SECTION 3: The City Council of the city of Vernon
25 hereby authorizes the Mayor and the City Clerk to execute said
26 Agreement for, and on behalf of, the city of Vernon.
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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.
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BRUCE V.
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APPROVED AND ADOPTED this 6th day of August, 1991.
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'.~- LEONIS C. MAL G, ~r
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MALK HORST, City Clerk
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STATE OF CALIFORNIA )
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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. 5965, was duly adopted by the City Council of the
6 City of Vernon at a regular meeting of the City Council duly
7 held on Tuesday, August 6, 1991, and thereafter was duly signed
8 by the Mayor of the City of Vernon.
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11 City Clerk
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"EXECUTION COPY"
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INDEMNIFICATION AGREEMENT
This AGREEMENT is made this I~~ day of ~Q(~/v_,
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3 1991,
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BY AND BETWEEN
CITY OF VERNON, a Municipal
corporation (hereinafter referred
to as "City")
4305 Santa Fe Avenue
Vernon, California 90058
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AND
SERVCON, INC., a California
corporation (hereinafter referred
to as "Applicant")
1570 Linda vista Drive
San Marcos, California 92069
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RECITALS
WHEREAS, Applicant seeks to develop a project in the
ci ty which requires the issuance by City of a Conditional Use
Permit; and
WHEREAS, City and Applicant agree that the process of
issuing said permit for the project must be accompanied by the
preparation of an Environmental Impact Report ("EIR"); and
WHEREAS, the preparation of an EIR necessitates the
retention of a consulting specialist with technical expertise
for the performance of certain work; and
WHEREAS, the cost of retaining such a consultant shall
be borne by Applicant, pursuant to California Public Resources
Code section 21089, and the work project produced by said
consultant shall be for the benefit of the City in the pursuit
of its responsibilities as the Lead Agency; and
WHEREAS, by the terms hereof, the parties intend to
describe the method of completing the necessary EIR tasks for
the implementation of the permitting process; and
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WHEREAS, such a cooperative approach to the preparation
of the draft EIR and the final EIR is authorized by 14
California Code of Regulations sections 15084, 15089 and 15132.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL
COVENANTS AND CONDITIONS, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Aqreement for Consul tinq Services . city and
Applicant have executed an Agreement for Consulting Services
concurrently with this Indemnification Agreement.
2. city and Applicant Riqhts. Applicant shall have
the right to recommend one or more consultants to perform the
services required by the Agreement for Consulting Services. The
selection and retention of the Consultant shall be subject to
the written consent and approval of the City. The rights and
duties of the parties with respect to the supervision, direction
and control of the performance of the Consultant shall be as
stated in the Agreement for Consulting Services.
3. city Riqhts Re EIR. City shall have the sole
discretion to review, comment, submit to others for comment,
approve and/or disapprove of the content, sufficiency, accuracy,
adequacy, and validity of the EIR, both draft and final, all in
accordance with California Public Resources Code sections 21000
et sea., applicable State Guidelines (particularly 14 California
Code of Regulations section 15084[e]) and other applicable
Federal, State and local laws.
4. INDEMNIFICATION. If, as a result of the above-
described rights of Applicant and those specified in the
Agreement for Consulting Services concerning selecting, hiring,
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1 supervising, directing and controlling the work of the
2 Consul tant, the City should be named as a party defendant in
3 litigation attacking the validity of said EIR or alleging that
4 city violated California Public Resource Code sections 21000 et
5 sea., Applicant shall undertake affirmatively to defend the City
6 in such action and shall indemnify and hold harmless City
7 against any loss or risk of loss, including attorneys' fees and
8 court costs, as a result of the right of Applicant to direct and
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control the work of the Consultant.
This obligation by
10 Applicant to defend and indemnify the city shall not preclude
11 apportionment of the cost of the City's defense between the City
12 and Applicant in the event that the city is found liable on
13 other grounds in such litigation.
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IN WITNESS WHEREOF, the parties hereto have executed
15 this Agreement on the day and year first above written.
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CITY OF VERNON
By: ~~L-d--C:<-;:/-/~?t~.
-- -~EONIS C. MAL~URG, Mayor
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AT~ST:
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BRUCE V. MALKENHORST, City Clerk
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APPROVED AS TO FORM:
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DAVID B. BREARLEY, City A orney
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By:
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By:
Secretary
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