Resolution No. 6193
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RESOLUTION NO. 6193
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT BY AND BETWEEN THE
CITY OF VERNON AND THE PHILLIPS FAMILY TRUST
PROVIDING FOR PAYMENT, INSTALLATION, AND
OPERATION OF A TRAFFIC SIGNAL FOR A DRIVEWAY
ACCESS OPPOSITE BONNIE BEACH PLACE AT BANDINI
BOULEVARD
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WHEREAS, the Phillips Family Trust owns property on
9 Bandini Boulevard and has a driveway access opposite Bonnie Beach
10 Place at its intersection with Bandini Boulevard; and
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WHEREAS, Dawn McIntire, on behalf of the Phillips Family
12 Trust, has requested installation of certain traffic signal devices
13 and appurtenant equipment at said driveway access; and
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WHEREAS, the Phillips Family Trust has agreed to pay the
15 construction costs for the modification and augmentation of the
16 existing traffic signal devices and appurtenant equipment and to
17 pay twenty-five percent (25%) of the operation and maintenance
18 costs of said improvements; and
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WHEREAS, the Phillips Family Trust and the City of Vernon
20 desire to enter into an agreement setting forth the terms and
21 conditions for the installation, operation, and maintenance of said
22 traffic signal devices and appurtenant equipment; and
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WHEREAS, said improvements will improve traffic access
24 and flow, will benefit the health, safety and welfare in the City
25 of Vernon, and has been recommended by the Director of Community
26 Services.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
28 CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
2 finds and determines that the recitals contained hereinabove are
3 true and correct.
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SECTION 2: The City Council of the City of Vernon hereby
5 approves the Agreement, a copy of which has been presented to the
6 City Council concurrently with this resolution, and the City
7 Council hereby orders said Agreement to be received and filed by
8 the City Clerk.
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SECTION 3: The City Council of the City of Vernon hereby
10 authorizes the Mayor and the City Clerk to execute said Agreement
11 for, and on behalf of, the City of Vernon.
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SECTION 4: The City Clerk of the City of Vernon shall
13 certify to the passage of this resolution, and thereupon and
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hereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 5th day of January, 1993.
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;;~~~t: ~~~i;1~~proTem
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City Clerk
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, ci ty Clerk of the Ci ty of
4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 6193, was duly adopted by the City Council of the
6 City of Vernon at an adjourned regular meeting of the City Council
7 duly held on Tuesday, January 5, 1993, and thereafter was duly
8 signed by the Mayor of the City of Vernon.
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BRUCE V.
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MALKENHORST, City Clerk
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(SEAL)
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1 AGREEMENT
2 THIS AGREEMENT, is made, entered into and executed in
3 duplicate originals, either copy of which may be considered
4 and used as the original hereof for all purposes, and to be
as of the ,5'"-t/.. day of
5 performed in Vernon, California
[flAW ("UA~- , Y352.
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7 BY AND BETWEEN
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CITY OF VERNON
a Municipal Corporation
(hereinafter referred
to as "city")
4305 Santa Fe Avenue
Vernon, CA 90058
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AND
Dawn McIntire
Trustee olthe Phillips
Family Trust
(Hereinafter referred to
as "Trust")
2451 Rochelle Avenue
Monrovia, CA 91016
RECITALS
WHEREAS, the Trust has requested that the City approve
the installation of traffic signals at the driveway access
to its property located opposite Bonnie Beach Place at its
intersection with Bandini Boulevard. Said property is
commonly known as 4280 Bandini Boulevard and is legally
described in Exhibit "A" attached hereto and incorporated
herein (the "Property"); and
WHEREAS, the installation of traffic signals for said
driveway access requires the modification and augmentation
of the existing traffic signal devices and appurtenant
equipment (hereinafter referred to as the "project") more
particularly described in Exhibit "B" attached hereto and
incorporated herein; and
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1 WHEREAS, the Trust, through its Lessees, Food Express
2 Inc. and S.S.T.S., Inc., proposes to pay 100% of the cost of
3 the proj ect; and
4 WHEREAS, the Trust proposes to pay 25% of the annual
5 operating costs including, but not limited to, the
6 electrical energy, maintenance, repair, administration, and
7 operation of the traffic signal devices and appurtenant
8 equipment; and
9 WHEREAS, the city proposes to install the Project and
10 to be solely responsible for the maintenance, repair,
11 administration, and operation of the subject intersection
12 and the traffic signal devices and appurtenant equipment.
13 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
14 COVENANTS, PROMISES AND CONDITIONS HEREINAFTER SET FORTH,
15 THE PARTIES HERETO AGREE AS FOLLOWS:
16 SECTION 1: The Trust hereby agrees as follows:
17 (a) To pay 100% of the initial cost of the project;
18 (b) To pay 25% of the annual operating costs
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including, but not limited to the electrical
energy, administration, maintenance, repair,
and operation of said traffic signal devices
and appurtenant equipment. The shared cost
is based on the ratio of the number of legs
of said intersection and the access driveway
and will be billed annually;
26 (c) To pay 100% of loop maintenance repair or
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reconstruction cost for loops on the access
driveway of the Property;
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1 (d) To pay 25% of all reasonable costs for
2 extraordinary repairs, reconstruction or
3 replacement of said traffic signal devices and
4 appurtenant equipment at said intersection and
5 said access driveway;
6 (e) To grant to the City of Vernon an easement of
7 access for the purpose of installing, repairing,
8 maintaining, or replacing the traffic signal loops
9 located on the access driveway of the Property;
10 SECTION 2: The City hereby agrees as follows:
11 (a) To prepare plans and cost estimates for the
12 Project, as shown in Exhibit "A", at no cost to
13 the Trust;
14 (b) To administer and do all things necessary and
15 proper to complete the project;
16 (c) To be solely responsible for the maintenance,
17 repair and operation of the traffic signal devices
18 and appurtenant equipment at said intersection and
19 access driveway;
20 SECTION 3: The City and the Trust mutually agree as
21 follows:
22 (a) The Trust shall deposit $5,000 with the City upon
23 full execution of this Agreement for payment of
24 the estimated Project costs.
25 (b) The cost of the project, as referred to in this
26 Agreement, shall consist of the cost of required
27 materials, installation, signing and striping as
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1 (c) The city will place the Trust's deposit in a
2 trust fund account to be used solely for the
3 payment of the project;
4 (d) If the cost of the project based upon the final
5 accounting exceeds the amount deposited with the
6 city, the Trust will pay city the additional
7 amount upon demand;
8 (e) If the cost of the project is less than said
9 deposit,the City will return said difference to
10 the Trust.
11 (f) Except for making payments as outlined in this
12 Agreement, the Trust shall have nO responsibility
13 for the design or construction of the project or
14 for the maintenance of any project element.
15 SECTION 4: The Trust shall indemnify and hold harmless
16 the city of Vernon and its agents and employees from and
17 against 25% of the amount of all claims, damages, losses and
18 expenses including attorney's fees and costs arising out of
19 or resulting from the operation of the traffic signal if,
20 but only if. any such claim, damage, losS or expense is not
21 caused in whole or in part by a negligent act or omission of
22 the city of Vernon, its employees, agents or anyone for
23 whose BCtS the city of Vernon may be liable or as a result
24 of the failure or refusal of the city, for any reason, to
25 perform its duties under this Agreement.
26 SECTION 5: In case of damage to the signal the city
27 shall use all reasonable means availBble to collect from
28 third parties for the entire cost of repair and
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1 reconstruction, and any other damage sustained, and the
2 obligation of the Trust and its successors under this
3 Agreement shall be limited to reimbursement to the City for
4 25% of the unrecovered costs and expenses. The City will
5 answer and respond to any complaint for damages, and will
6 defend against any claims, suits or actions related to,
7 arising from or in any way connected with the subject
8 intersection and/or the operation, or failure to operate, of
9 the traffic signal devices and appurtenant equipment at the
10 subject intersection.
11 SECTION 6: The Trust hereby agrees to pay within 20
12 days after receipt thereof any and all bills and invoices
13 sent by the City pursuant to this Agreement. Bills which are
14 not paid within 20 days after date received shall thereafter
15 bear interest at the then current average prime interest
16 rate until payment is received by the City. The current
17 average prime interest rate shall be the arithmetic mean, to
18 the nearest one-hundredth of one percent, of the prime rate
19 values published 'in the Federal Reserve Bulletin.
20 SECTION 7: The Trust hereby agrees to provide 90 days
21 written notice to City if it wishes to eliminate the
22 driveway access to said intersection and hereby agrees to
23 pay any and all costs incurred by the city, if necessary, to
24 redesign said intersection andlor to remove said traffic
25 signal devices andlor appurtenances as a result of the
26 Trust's elimination of said driveway access.
27 SECTION 8: City shall have the right, upon providing
28 six (6) months written notice, to terminate this Agreement,
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1 to remove the signal devices and appurtenances, and to
2 exercise all lawful police powers in connection with the
3 intersection and access to said street and driveways at said
4 location. The Trust shall pay 25% of the removal costs of
5 said traffic signal devices and appurtenances, and shall
6 receive 25% of the salvage value for any appurten~nces which
7 were installed as part of the Project and which were removed
8 by the City or its contractor.
9 SECTION 9: Any notice, demand or other communication
10 shall be deemed given or made on the day personally served,
11 or, if service is by mail, three (3) days following the date
12 such notice was deposited in the united States mail with
13 postage thereon fully prepaid.
14 SECTION 10: City will not unreasonably withhold its
15 written consent of the Trust's assignment of all obligations
16 and liabilities referred to in this Agreement to any entity
17 or person acquiring a fee interest in the Property.
18 SECTION 11: This Agreement shall bind and insure to
19 the benefit of the parties hereto, their successors and
20 assigns, and the obligations of the T:::-:lst hereunder shnll
21 constitute covenants and equitable servitudes running with
22 the Property.
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Acknowledgement
CALIFORNIA
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COl~lY of
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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 the day,
month and year first above written.
CITY OF VERNON
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/~EONIS C. MALBG, Mayo
ATTEST:
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MALKENHORST, City Clerk
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BRUCE V.
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APPROVED AS TO FORM:
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DAVID B. BR · LEY, c~ty Attorney
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PHILLIPS FAMILY TRUST
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By iOLL''"XJ Jru ~L
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On
11-9-92
AUDREY VERMEULEN
before me,
LOS ANGELES
}ss,
personally appeared
**mwN MCINTlRE*"k
. OFFICIAL SEAL
~ AUDREY VERMEULEN
'- . TAR' ""S"C,CA"'OAN"
~ LOS ANGELES COUNTY
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(This area for official seal)
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and acknowl.
edged to me that he/she/they executed the some in hiS/her/their outhorized
capacity(ies), and that by hiS/her/their signature(s) on the instrument the person(s), or
fhe enmy upon beholt of which the pe"oo(,) lJed. e'ecufed the ;n,rrument
WITNESS my han and official se , X
Signature _
ATTE TION NOTARY: Although the information requested below is OPTIONAL, it Could prevent fraud nt attachment of this certificate to another document
THIS CERTIFICATE MUST BE ATTACHED
TO I E DOCUMENT DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages Date of Document
fT. J 100 (1 J /90) Signer(s) Other Than Named Above
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LEGAL DESCRIPTION OF PROPERTY
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THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF VERNON, IN THE
COUNTY.OF LOS ANGELES, STATE OF CALIFORNIA, PARTICULARLY -DESCRIBED
AS FOLLOWS:
THOSE PORTIONS OF LoTS 29 AND 112 OF THE RANCHO LAGUNA, AS SHOWN
ON MAP FILED AS EXHIBIT "A" IN LOS ANGELES SUPERIOR COURT, CASE NO.
B-25296, A CERTIFIED COpy OF WHICH IS RECORDED IN BOOK 6387 PAGES
1, ET SEC., OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THAT CERTAIN PROPERTY
DESCRIBED IN THE DEED TO JOSEPH T. RYERSON & SON, INC., 'RECORDED
AS DOCUMENT NO. 604 OF SEPTEMBER 5, 1945 IN BOOK ZZ251 PAGE 303,
OFFICIAL RECORDS, WHICH CORNER IS A POINT IN THE SOUTHWESTERLY LINE
OF BANDINI BOULEVARD, AS DESCRIBED IN THE DEED RECORDED IN BOOK
3860 PAGE 214 OF SAID OFFICIAL RECORDS, LYING NORTH 670 19' 55"
WEST 3449.75 FEET AND THENCE SOUTH 22- 19' 05" WEST 40 FEET FROM
A INTERSECTION WITH THE CENTER LINE OF ATLANTIC BOULEVARD (FORMERLY
PASADENA AVENUE) AS DESCRIBED IN THE DEED RECORDED IN BOOK 864 PAGE
317 OF SAID OFFICIAL RECORDS; THENCE FROM SAID POINT OF BEGINNING
SOUTH 220 19' 05" WEST 884.23 FEET, MORE OR LESS, ALONG THE
NORTHWESTERLY LINE OF SAID RYERSON PROPERTY AND ALONG THE
NORTHWESTERLY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN THE DEED
TO JOSEPH T. RYERSON & SON, INC., RECORDED AS DOCUMENT NO. 1333 OF
SEPTEMBER 13, 1955 IN BOOK 48921 PAGE 178 OF SAID OFFICIAL RECORDS
TO THE NORTHWESTERLY TERMINUS OF THE CURVED PORTION OF THE PROPERTY
LINE DESCRIBED IN SAID LAST MENTIONED DEED TO RYERSON AS HAVING A
LENGTH OF 97.43 FEET AND A RADIUS OF 277.94 FEET BEARING NORTH 44.
15' 4711 EAST FROM THE SOUTHEASTERLY TERMINUS OF SAID CURVED
PROPERTY LINE: THENCE SOUTHEASTERLY ALONG SAID CURVED PROPERTY LINE
TO THE END THEREOF, WHICH POINT IS HEREINAFTER REFERRED TO AS POINT
IIAII: THENCE NORTH 54- 28' 35" WEST 76.98 FEET ALONG A LINE THAT IS
PARALLEL WITH AND DISTANT NORTHEASTERLY 104 FEET AT RIGHT ANGLES
FROM THE NORTHEASTERLY LINE OF THAT CERTAIN 100 FOOT WIDE RIGHT OF
WAY DESCRIBED IN THE DEED TO THE CITY OF LOS ANGELES, RECORDED IN
BOOK 14788 PAGE 1 OFFICIAL')RECORDS, TO THE BEGINNING OF A CURVE
CONCAVE EASTERLY HAVING A RADIUS OF 250.49 FEET BEARING NORTH 6~
30' 0711 EAST FROM SAID BEGINNING OF CURVE; THENCE NORTHERLY ALONG
SAID LAST MENTIONED CURVE A DISTANCE OF 165.31 FEET TO TANGENCY
WITH A LINE WHOSE NORTHERLY TERMINUS IS TANGENT TO A CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 250.49 FEET BEARING SOUTH 700 561 3611
EAST FROM THE SOUTHWESTERLY CORNER OF THAT CERTAIN PROPERTY
EXHIBIT "A"
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LEGAL DESCRIPTION OF PROPERTY
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DESCRIBED IN THE DEED TO CENTRAL MANUFACTURING DISTRICT, INC.,
RECORDED AS DOCUMENT NO. 7326 OF AUGUST 26, 1953, IN BOOK 46757
PAGE 355, OF SAID OFFICIAL RECORDS; THENCE ALONG SAID TANGENT LINE
NORTH 9- 16' 55". EAST 128.30 FEET TO TANGENCY WITH SAID LAST
MENTIONED CURVE; THENCE ALONG THE WESTERLY LINE OF SAID CENTRA~
MANUFACTURING DISTRICT, INC., PROPERTY NORTH 9" 53' 42" EAST 52.08
FEET TO THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE
OF THAT CERTAIN PROPERTY DESCRIBED IN THE DEED TO NATIONAL
CONTAINER CORPORATION OF CALIFORNIA, RECORDED AS DOCUMENT NO. 1151
OF FEBRUARY 15, 1950 IN BOOK 32269 PAGE. 113 , OFFICIAL RECORDS;
THENCE ALONG SAID SOUTHEAST PROPERTY LINE AND SAID PROLONGATION
NORTH 22. 19' 05" EAST 562.20 FEET TO SAID SOUTHWESTERLY STREET
LINE; THENCE SOUTH 670 40' 55" EAST THEREON 125.00 FEET TO THE
POINT OF BEGINNING.
EXCEPT ALL OIL, GAS AND OTHER PETROLEUM OF MINERAL SUBSTANCES IN
SAID LAND BUT WITHOUT RIGHT OF SURFACE ENTRY, AS CONVEYED TO
SHANSLOP-CANFIELD MIDWAY OIL COMPANY, BY DEED RECORDED AS DOCUMENT
NO 1969 OF MARCH 12, 1945 IN BOOK 21630 PAGE 237 OFFICIAL RECORDS,
AS CONFIRMED BY THE DEED RECORDED MARCH 26., 1946 IN BOOK 23011 PAGE
461 OF SAID OFFICIAL RECORD.
EXHIBIT "A"
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