Resolution No. 6550
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RESOLUTION NO. 6550
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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 TOMATO, INC.
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WHEREAS, the City of Vernon owns certain real property in
the City of Vernon located on the south side of 51st Street between
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Santa Fe Avenue and Alameda Avenue; and
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WHEREAS, section 37380(a) 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
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exceed 55 years; and
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WHEREAS, the City Council of the City of Vernon finds and
determines that the approximately easterly 55 feet of said real
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property
containing
is
necessary
for
not
feet,
4,125
square
immediate use and occupancy by the City of Vernon; and
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WHEREAS, Tomato, Inc. of 2050 East 51st Street, Vernon, CA
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of said real property containing 4,125 square feet for a parking
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lot; and
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WHEREAS, Tomato, Inc. has offered to lease said property
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for Two Hundred Sixty-six Dollars ($226.00) per month on a month to
month tenancy; and
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WHEREAS, said lease may be terminated on thirty (30) days
notice pursuant to Section 10 of the lease; and
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WHEREAS, an agreement entitled "Ground Lease" by and
between the City of Vernon and Tomato, Inc. has been submitted
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
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CITY OF VERNON AS FOLLOWS:
SECTION 1: The city Council of the City of Vernon hereby
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SECTION 2: The City Council of the City of Vernon hereby
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approves the "Ground Lease" by and between the City of Vernon and
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Tomato, Inc, a copy of which has been presented to the City Council
9 concurrently with this resolution, and the City Council hereby
10 orders said "Ground Lease" to be received and filed by the City
II Clerk.
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SECTION 3: The City Council of the City of Vernon hereby
13 authorizes the Mayor and the city Clerk to execute said "Ground
14 Lease" for, and on behalf of, the City of Vernon.
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SECTION 4: The City Clerk of the city of Vernon shall
16 certify to the passage of this resolution, and thereupon and
17 thereafter the same shall be in full force and effect.
18 APPROVED AND ADOPTED this 15th day of November, 1994.
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22 ATT~ 4/~
23 BRUCE V. MALKENHORST, City Clerk
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...... LEONIS C. BURG, Ma or
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, ci ty Clerk of the City of
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4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 6550, was duly adopted by the City Council of the
6 City of Vernon at a regular meeting of the City Council duly held on
7 Tuesday, November 15, 1994, and thereafter was duly signed by the
8 Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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( SEAL)
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GROUND LEASE
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This Ground Lease is made and entered into this /~
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1994, in the city of
day of
5 Vernon, County of Los Angeles, California.
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BY AND BETWEEN
TOMATO, INC.
2050 E. 51st street
Vernon, CA 90058
(hereinafter designated and
referred to as "Lessee")
9 AND
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The CITY OF VERNON, a Municipal
Corporation, (hereinafter
designated and referred to as
"Lessor"),
WITNESSETH:
WHEREAS, Lessor owns that certain real property located
in the City of Vernon, County of Los Angeles, State of
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california, which is located on the south side of 51st
street between Santa Fe Avenue and Alameda Avenue, as shown
on Exhibit "A" which is attached hereto and made a pa~t
hereof by reference; and
WHEREAS, Lessor wishes to lease the easterly 55 feet of
said real property to Lessee, containing approximately 4,125
square feet, which includes a mutual ingress/egress
accessway as shown on Exhibit "A"; and
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
WHEREAS, the City Council of the City of Vernon has
found and determined that the described portion of said real
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property is not necessary for immediate use and occupancy by
the short term basis for uses not incompatible with the use
to which the property is presently dedicated; and
WHEREAS, Lessee has expressed an interest and desire to
lease said portions of said real property for a parking lot;
and
WHEREAS, the parties hereto desire to jointly provide
for the use of said property in such a manner as to be
compatible with the City's needs and uses of said property.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS
HEREIN CONTAINED AND THE MUTUAL BENEFIT TO EACH PARTY, IT IS
12 HEREBY AGREED AS FOLLOWS:
13 1. The recitals contained hereinabove are true and
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correct and are incorporated herein as though fully set
forth at length.
attached Exhibit
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2. The premises shown on the
"A" are
1994, to
hereby leased to Lessee effective
have and to hold on a month to month tenancy until
terminated pursuant to section 10.
3. Lessee shall pay to the Lessor at the time of
acceptance of the lease the sum of Two Hundred Sixty-six
Dollars ($266.00) for the month of ~
, and shall
deposit Two Hundred Sixty-six Dollars ($266.00) for the last
month of the lease. Lessee shall also pay monthly during
the term of this lease, to Lessor, the sum of Two Hundred
Sixty-six Dollars ($266.00) on the first day of each month.
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Upon termination, pursuant to section 10, any prorated
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4. Lessor leases the real property described and
identified in the attached Exhibit "A" to Lessee to use as a
parking lot. Any other use of said property must receive
6 written approval of the City Council.
7 5. Lessee shall pay for all materials placed upon said
8 property, shall not affix any equipment or buildings to said
9 property, and shall not cause or permit any liens of any
10 kind-or nature to be levied against said premises for any
11 work done or materials furnished thereon and shall perform
12 all reasonable maintenance including but not limited to
13 repairing the chain-link fence and posts; and removing all
14 weeds and debris.
15 6. Lessor, its agents, representatives, and employees,
16 reserve and shall at any and all times have the right to
17 enter the premises at all reasonable or necessary times for
18 the purposes of carrying on business or activities requiring
19 the use of any or all of the leased area until such business
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or ac lVl les are complete.
21 7. Lessee, shall indemnify and hold harmless Lessor
22 against and from any and all claims arising from Lessee's
23 use of the premises from any activity, work or other thing
24 done, permitted or suffered by the Lessee in or about the
25 premises and shall further indemnify and hold harmless
26 Lessor against and from any and all claims arising from any
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ac or neg 1gence of the Lessee or any offlcer, agen ,
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emp oyee, guest or lnvltee of the Lessee, and from an
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by Lessor when the property has been vacated in proper
order.
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against all costs, attorney's fees, expenses and liabilities
incurred by reason of any such claim or any 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
10 waives all claims in respect thereof against Lessor.
11 8. Lessee shall faithfully observe and comply with the
12 rules and regulations of all federal, state, or local
13 agencies which have jurisdiction over the project.
14 9. Lessee shall not, either voluntarily or by
15 operation of law, transfer, mortgage, pledge, hypothecate,
16 or encumber this lease or any interest therein, and shall
17 not sublet the said premises or any part thereof, or any
18 right or privilege appurtenant thereto, or suffer any other
19 person (employees, agents and servants of Lessee expected)
20 to occupy or use the said premises, or any portion thereof.
21 Lessee shall not assign this lease without the written
22 consent of the Lessor.
23 10. This Lease may be terminated by either party giving
24 written notice to the other of its intention to terminate at
25 least thirty (30) days in advance. If not so terminated,
26 this lease shall continue on a month to month basis. This
27 lease may also be terminated for breach or for cause by
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glvlng en 10) days notlce ln wrltlng wlt a s a emen
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setting forth the breach or cause. Interference with 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 possession 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
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10 direct, and the giving of such notice by mail shall be
11 complete at the time of mailing. Upon termination of this
12 lease, Lessee shall leave the premises clear of all debris
13 and weeds. All appurtenances (chain-link fence and posts)
14 shall be in proper working condition as determined by the
15 Director of Community Services. Failure to restore the
16 property to the satisfaction of the Director will result in
17 the City having the necessary work done at the expense of
18 the Lessee.
19 11. Public Liabilitv Insurance. Throughout the term
20 of this lease, Lessee shall, at its sole cost, keep or cause
21 to be kept in force, for the mutual benefit of Lessor and
22 Lessee, insurance policies in the amount and proof thereof
23 in accordance with the insurance schedule attached hereto as
24 Exhibit "B" and made a part hereof by reference.
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12. Failure by Lessor to exercise any of the stipulated
rights arising under this contract shall not be considered a
3 waiver of any right or condition thereof.
4 13. This lease contains all of the agreements of the
5 parties with respect to the tenancy created and cannot be
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7 14. This lease shall not be recorded.
8 15. This lease shall be construed and interpreted in
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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. A 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 Lessee has violated any law, statute, ordinance or
governmental rule, regulation or requirement, shall be
conclusive. of that fact as between the Lessor and Lessee.
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: AT;k ,//7~
10 BRUCE V. MALKENHORST, City Clerk
Executed in duplicate this /St'fay Of~~
CITY OF VERNON, "Lessor"
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By: ~, . ~~
~L ONIS C. ~rnan
11 APPROVED AS TO FORM :
12 ;g~ ~~~dt~ttorney
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::~TO'C{;SJ;J~
Pf<.ES\\)E~ T ~ c. ~. o.
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51ST ST.
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SCALE: ,. =20'
EXHIBIT" A"
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INSURANCE SCHEDULE (CONTRACTOR)
The Contractor shall provide proof of insurance, including a standard
certificate of insurance, in at least the follQwing amounts and
coverage (combined single limit permitted):
1.
Hazards
Automobile Liability
Owned Automobiles
Hired Automobiles
Non-Owned Automobiles
Workers' Compensation
Employers' Liability
II. General Liability
Coveraqe and Limits
Bodily Injury Property Damaqe
Each Person Each Accident Each Accident
$ 500,000
$ 500,000
$ 500,000
$ statutory
$1,000,000 per
$1,000,000
$1,000,000
$1,000,000
$
$
$
500,000
500,000
500,000
employer
Premises Operations
Elevators
(if applicable)
Independent
Contractors
Products - Completed
Operations
Contract Liability
Umbrella Liability
a. The general liability policy shall contain the following special
. endorsements which shall be noted on or attached to the standard
certificate of insurance:
$1,000,000 $2,000,000 $1,000,000
$1,000,000 $2,000,000 $1,000,000
$1,000,000 $2,000,000 $1,000,000
$1,000,000 $2,QOO,OOO $1,000,000
$1. 000 ,000 $2,000,000 $1, 000 , 000
$1. 000,000 $1, 000,000 $1, 000 ,000
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 under
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 the followinq proofs bY the
insurance aqent or broker will not be accepted:
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For each policy, a notarized letter from the underwriter or
carrier certifying that the coverage and statements in the
standard 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
underwriter or carrier and notarized.
Exhibit "B"