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Resolution No. 6334 . . 1 2 3 4 5 6 application for an encroachment license agreement pursuant to 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6334 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF ENCROACHMENT LICENSE AGREEMENT NO. 377 BY AND BETWEEN THE CITY OF VERNON AND MOBIL OIL CORPORATION WHEREAS, Mobil Oil Corporation has filed an Vernon City Code section 22.66 for approximately 8475 feet of 8" pressurized petroleum pipeline including valves and other appurtenances in 26th Street; and WHEREAS, the City Council is authorized to issue an encroachment license pursuant to Chapter 22, Article VI, Encroachments, of the Code of the City of Vernon which license shall be valid for a period of twenty-five (25) years unless otherwise stated; and WHEREAS, the City Council adopted Resolution No. 5088 on February 21, 1984, authorizing fees for encroachment licenses; and WHEREAS, the Director of Community Services has recommended approval of Encroachment License Agreement No. 377. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds that the recitals contained determines and hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Encroachment License Agreement No. 377, a copy of which has been presented to the City Council concurrently with this resolution, and the City Council hereby orders said 1 Agreement to be received and filed by the City Clerk. 2 SECTION 3: The City Council of the City of Vernon 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 20th day of October, 1993. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: 4- BRUCE V. Tem -2- .. 1 STATE OF CALIFORNIA ) }ss. 2 COUNTY OF LOS ANGELES } 3 I, BRUCE V. MALKENHORST, City Clerk of the City of 4 Vernon, do hereby certify that the foregoing Resolution, being 5 Resolution No. 6334, was duly adopted by the City Council of the 6 City of Vernon at an adjourned regular meeting of the City 7 Council duly held on Wednesday, October 20, 1993, and thereafter 8 was duly signed by the Mayor of the City of Vernon. 9 10 11 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- C,. ~ 1 ENCROACHMENT LICENSE AGREEMENT NO. 377 2 THE CITY OF VERNON, a municipal corporation of the 3 State of California, as Licensor (hereinafter referred to as 4 "City") and Mobil Oil Corporat-~ Hereinafter referred to 5 as "Licensee") do herP`_ ~ ~~a~~~ lows 6. 1. Subject ' v ~ ~ ecified herein, City hereby grants to L. a term of twenty- 7 ~ g five- (25) years. -fro7, _e hereof, to maintain 9 and operate approxima J'feet of 8" pressurized- 10 petroleum pipeline including valves and. other appurtenances 11 in 26th Street, consisting of two segments, the first 12 extending from.. approximately 773'' west of the centerline of 13 Ayers Avenue and the second from approximately 122 feet east 14 of the centerline of the Long Beach Freeway"to approximately 15. 180 feet west of the centerline of Atlantic Boulevard, all 16 in the City of Vernon as shown highlighted in blue on the. 17 .engineer's drawing marked Exhibit "A", consisting of 6 lg pages, attached hereto and made apart hereof as though 19 fully set forth herein. 20 2. This license is granted subject to the terms: and: 21 conditions set forth in the Code of the City of Vernon:,.. 22 Chapter 22, Article.. VI, and the acceptance hereof shall. 23 evidence the- Licensee's agreement to all terms and 24 conditions of said article `and the additional conditions 25 hereinafter contained. 26 a. During- the term of this license, Licensee shall 2'] pay to the City of Vernon the issuance fee of Two Thousand 28 Five Hundred Dollars ($2,500.00), payable prior 1 1 to the granting. of the. license, and the annual renewal fee 2 of One Thousand One Hundred Twenty-one Dollars and Ninety- 3 ..seven Cents ($1,121.97). annually in advance of the 4 day of of each year hereafter. 5 This-annual renewal fee shall be revised in accordance 6 with the changes in the Consumer.Prce IndexeJ, Pacific Cities and U.S. City Average, All Items Indexes, Urban Wage g Earners and Clerical Workers, Los Angeles-Anaheim-Riverside 9 (1982°84=100) (hereinafter "Index") published by the United 10 States Department of Labor, Bureau of Labor Statistics. In 11 the-event said Index as of the anniversary date is higher 12 than said- Index for the issuance date, the renewal fee shall 13 be increased effective the anniversary date by multiplying 14 said renewal fee by a fraction, the numerator of'whch is 15 the Index for the current anniversary date and-the 16 denominator of which is the Index existing on May 1, 1992. 17 There shall be no reduction in-fees by operation of this 18 provision. 19 If, in the future, said Index shall be changed so that 20 the base year differs from. that used as of the date of 21 commencement of the term.. hereof, it shall be converted in 22 accordance with the conversion factor published by the 23 United States Department of Labor; Bureau of Labor. 24 Statistics. In the event sad_Index is discontinued or 25 revised during the term of this agreement, such other ' 26 governmental Index or computation with which it is replaced 27 shall. be used in order to obtain substantially the same 28 2 1 result that would be obtained if said present Index had not 2 been .discontinued or revised. 3 b. Licensee shall secure .and keep in full force and 4 effect at all times during the term of this license general. 5 liability insurance in the amounts determined by the City of s Vernon on an annual basis-and shall file proof thereof with ~ the City .Clerk, which proof shall include the following: g (1) A certificate of insurance. 9 (2) An endorsement naming the City of Vernon, its 10 officers, and employees as insureds under this policy. ti 11 (3) An endorsement providing the City of Vernon 12 thirty (30) days notice of cancellation or material 13 reduction of coverage. 14 (4) A notarized letter from the. underwriter or 15 carrier certifying that the coverage and statements in the if standard certificate of insurance (attached thereto) are 1~ true- and correct and that the signator is an officer 18 authorized to so certify. 19 c. Licensee, shall maintain said pipeline and 20 appurtenances in first class condition to the satisfaction -21 of the State- Fire Marshal and Department of Transportation, 22 and Licensee shall not do any repair or construction to said 23 pipeline and appurtenances without having received the 24 necessary permits from the City of Vernon, except those situations involving. emergency circumstances. In the event 25 26 of an-emergency situation Licensee must apply for all 27 necessary permits from the-City of .Vernon. by the end of the 2g following normal City work day. 3 1 d. In the event that Licensee shall ,f ail to utilize 2 the pipeline covered by this license for a consecutive 3 period of six (6) months during any period of time after it 4 has been placed in operation, the City Council of the City 5 of Vernon shall have the right, at its-sole discretion, to 6 declare this license terminated. ~ e. Licensee shall not sell, transfer, assign or $ lease this license, or any part hereof., or any of the rights 9 or privileges granted hereby. License may not assign its 10 duties hereunder, and may not assign its rights hereunder to 11 a public .utility. 12 f. In the event Licensee shall fail to keep, fulfill 13 or perfgrm any of the terms or conditions of this license 1~ and shall fail to remedy such default within thirty (30) 15 days after written notice from the City,. the City may 1s declare this license terminated. Upon such a declaration of 17 termination and failure to remedy such default. this license 18 shall be canceled and all of the rights and privileges of ly Licensee under this license-shall be surrendered, and the 20 City may thereafter exclude Licensee from further use of the 21 street under this license. 22 g. Licensee shall promptly repair at its own cost 23 and expense, to the satisfaction of the City of Vernon, any 24 damage caused to-any street, alley or other public property 25 in the City of Vernon by reason of any breaks.,. or failure of 26 the facilities constructed, maintained, or operated under 27 this license; and if Licensee shall fail to comply with any 28 instructions of the City relative thereto within ten (10) 4 1 days after the service of written notice upon Licensee 2 requiring compliance therewith, then the City may 3 immediate y do whatever work is necessary to carry out said. 4 instructions at the cost and expense of said Licensee, .which 5 costs by the acceptance of this license, said Licensee 6 agrees to pay upon demand.. ~ h. In case of a serious; earthquake or disaster, S operations of said facilities shall be suspended 9 immedatelye Only after a thorough physica check of-the. 10 entire facilities by a maintenance crew of Licensee shall 11 operations be resumed. } i. In the event of the termination of this license 12 13 .for any cause,. Lcenseeshall at its own cost and expense, 14 remov8 or abandon the encroachment facilities as the City in. 15 its sole discretion maydecide:.. Abandonment. shall be 16 subject to necessary safety precautions and condtionso 17 This-provision may be suspended by the City of Vernon at its 1$ sole discretion during. such period as Licensee may be 19 negotiating with the City of Vernon for. renewal of this 20 license. If Licensee is. directed to remove the encroachment. 21 facilities and'fals to>do so, :City-shall have the right to 22 .remove them. at Licensee's sole expense... 23 j`. Licensee shall assure. that the: pipeline meet s. the 24 safety requirements of the California Pipeline Safety Act of 25 1981 (Government Code Section 51010, et seq.) and/or the 26 United States Hazardous Liquid Pipeline Safety. Act (49 27 'U.S.C. Section 2001, et seq.)., whichever is applicable. 28 Licensee shall comply with all valid regulations and orders 5 1 issued under either Act, as applicable. Failure to comply 2 with any lawful order of the State Fire .Marshal or any other. 3 authorized public officer shall constitute grounds for 4:termination of this license. 5 k. .Licensee shall be solely responsible and liable 6 for any ground or water contamination resulting.-from leakage ~ or breakage of the pipeline .during Licensee's operation of $ said pipeline, whether past, present, or future; shall .clean J up, remove and replace any contaminated soil; shall satisfy 10 any lawful order of a court of law or a Federal, State, or 11 local official regarding such contamination whether issued 12 against Licensee or the City, its officers, or employees;.. 13 and shall: preserve and save harmless the City-and each i 14 officer and employee thereof from any liability or 15 responsibility therefor and from any costs or attorneys' 16 fees arising therefrom. 17 18 19 20 21 22 23 24 25 26 27 28 6 I- tN' i a 2 2 if a ~ 2 ~ 12i2 ~ 2 ~ >I i2 ~ 3{~ 2} ~~I~ tl Z~}}t~~~~ 2~i „ i ~ ~ 2 t >2~~22 I I tt2 II Ett f. 2122 ~ 1 ttI ~ ~ ~ ? 2 '2 ~ I 2~i2 I ~~~~~~~?2 i t~21i~~~ > s>? FORNIA ALL-Pl1RPOSE ACKNOWLEDGMENT No s,ss ~ ate of ~~(rFa2Nr~ ~ ~~OPTIONALSECTION-~ CAPACITY CLAIMED BY SIGNER OUnty Of__ AN (-aE Though statute does not require the Notary 4o fill in the data below, doing sd may prove 11 e1^U NE o~3 9 3 invaluable td persons relying on the document - D~ before me, /21c~nAR~ F MAR2A ~Nr, /~o7~A2v rkd (rc NAME, TITLE OF OFFICER - E.G., " ANE DOE, NOT RY PUBLIC" ~ INDIVIDUAL ersonally appeared ~ K TEFF,e r c s ' ? coRPORATE oFFICER(s) NAME(S) OF SIGNER(S) TITLE(S) personally known to me - OR - ? proved to me on the basis of satisfactory evidence ? PARTNER(S) ~ LIMITED to be the person(s) whose name(s). is/are ? GENERAL subscribed to the within instrumenf and ac- `ATTORNEY-IN-FACT knowledged to me that he/she/they executed ? TRUSTEE(s) OFFICIAL NOTARY SEAL the same in his/her/their authorizedGUARDIAN/CONSERVATOR RICHARD F.MARRACINO CapaClty(IeS), and that by his/her/their NO~rP~~c-calilartia signature(s) on the instrument the person(s), ? orHER: ~ oRAN~ECOUNTV or the entit u on My Comm. Expires JUN 16.1995 y p b e h a I f o f w h i c h t h e person(s) acted, executed the instrument. SIGNER IS REPRESENTING: WITNESS my hand and offlClal Seal. NAME OFPERSON(S)ORENTITY(IES) ~I~~ O,' 1 \ oRa r--- IGN E OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT fin[ C/lorFca ~/fi ~ ° <F HE DOCUMENT DESCRIBED AT RIGHT: ~ ~9 /QEEMFM T NUMBER OF PAGES 7 DATE OF DOCUMENT NoT 17 A1"E~( Though the data requested hore is not required bylaw, it could prevent fraudulent reattachment of this form, SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8230 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 1 3. Licensee shall preserve and save harmless the 2 City and each officer and employee thereof from any 3 liability or responsibility for any accident, loss or damage 4 to persons or property happening or occurring as a proximate 5 result of the encroachment or the construction thereof. t q.9 s EXECUTED IN DUPLICATE thi~~day of , 1~2. 7 CITY OF i~ERNON g ~ A Municipal Corporation 9 10 `~LEQN_IS C. MALBURG Mayor 12 13 ATTES 14 ~ BRUCE V. MALKENHORST, City Clerk 15 1G APPROVED AS TO FORM: 17 DA ID B. BREARLEY, City Att rney 18 19 MOBIL OIL CORPORATION- - Licensee- 20 By 21 22 Title .dttorneg~in Fact Signature, shall be NOTARIZED 23 24 25 26 27 s. 28 Marsh & McLennan Marine & Energy 1166 Avenue of the Americas New York, NY .10036-2774. , Telephone 212 345 6000 September 27, 1993. MARSH ~/jCL,ENNAN City Clerk. City of Vernon - 4305 Santa Fe Avenue Vernon,. CA 90058 Re: Insurance for City of Vernon -Mobil Oil License Agreements Policy No.: 06-0037-93 Named Insured: Mobil Corporation City Clerk: I hereby certify that the certificate of insurance attached hereto and made a part hereof by reference truly and accurately represents. the above cited insurance policy and the:insurance coverage of 'each for the named insured issued by Lloyd's and British Companies. The City of .Vernon, its officers, and employees- are included in said policy as additional insureds and the City of Vernon will be provided with thirty (30) days written notice of cancellation or . material reduction of coverage. I certify. that I am an officer of Marsh & McLennan, Inc. and that I am authorized to sign this certificate on behalf of said insurance carriers. Thomas E. Marti Vice President Title Sworn be-fore me /j Pl q 1~ Notary blic EY W. ORIFFgr Notary Public, State of NB+wygk Wo. 31-4977193 Qualified in New York Cowtfp ComrrHealon Expires Jan. 28, 1985. ~ / 1^'' 13 ~Z D~ 1 ; DATE (MMJDD/YY) .~®C~~~~11® CERTIFICAT~'~~OF INSUR~4NCE ;;i;~; _ _ _ PROOUCtk THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE' DOES NOT AMEND, .EXTEND OR Marsh & McLennan, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES ,BELOW. 1166- Avenue of the Americas COMPANIES AFFORDING COVERAGE -0OMPANY -New York, NY 10036-2774 I' A Lloyd's & British Companies - - - INSURED COMPANY B Mobil Corporation coMPnNY 3225 Gallows Road C Fairfax, VA 22037 - - _ COT~APANY D I - - - - _ COVERAGES - - - - THIS IS TO CERTIFY THAT i`1iE POLICIES OF 1NSURANCEIISTED BELOW HAVE BEENJSSUED fG iHEINSURED NAMED ABOVE FUN TI I~ POLICY-PERT! ?D INDICATED, NOTWITHSTANDING-ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT-0R OTHER'DOCUMENT WITH RESPECT TO WHICH THIS; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. , ~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION -LIMffS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERALLIABILDY GENERAL AGGREGATE 12 DOO ,OOO A X COMMERCIAL GENERAL LIABILITY ~ PRODUCTS-COMP/OP AGG $ ` 12 OOO OOO CLAIMS MADE OCCUR 06-0037-93 1~1~93 1~1~94 PERSONAL&ADVINJURY $ OWNER'S & CONT PROT EACH OCCURRENCE $ FIRE DAMAGE (Any one file) $ MED EXP (Any one person) $ AUTOMOBILE LIABILITY-- COMBINED SINGLE LIMB $ ANY AUTO - ALLOWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-0WNED AUTOS (Per accident) r I ~ .PROPERTY DAMAGE GARAGE LIABILffY ~ AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY. EACH ACCIDENT $ AGGREGATE § EXCESS LIABILffY EACH OCCURRENCE $ UMBRELLA FORM ~ AGGREGATE $ OTHER THAN UMBRELLA FORM ~ $ WORKERS COMPENSATION AND ~ STATUTORY LIMITS EMPLOYERS' LIABILITY .EACH ACCIDENT $ THE PROPRIETOR/ INCL ~ DISEASE -POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: ~ EXCL DISEASE -EACH EMPLOYEE $ - . _ --1---- - OTHER f `G DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS. Limits apply excess of a $10 million per occurrence deductible. The City of Vernon, its officers and employees are included as Additional Insureds as their interests may appear. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIPEO PouaES BE cARCELLEO BEFORE THE Clty Of Verriori EXPIRATION DATE .THEREOF, THE ISSUING coMPnrlr wiLL ENDEAVOR TO MAIL 4305 Santa Fe Avenue, Vernon, CA 30 DAYS WRITTEN NOTICE TO THE CERTIFlCATE HOLDER NAMED TO THE LEFT, ' BUT FAILURE TO MAIL SUCH NOTICE`SHALL IMPOSE NO OBLIGATION OR LIABILTY a OF -ANY KIND UPON THE ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE. Thomas E. Martin` ACORD 25-5 (3/93) p ACORD CO ORAT14N;1993