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Resolution No. 6710 - <r .. ,", 1 RESOLUTIO~NO. 671Q 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF PUBLIC IMPROVEMENTS AGREEMENT NO. 14 BY AND BETWEEN THE CITY OF VERNON AND INTERNATIONAL BAKING COMPANY 4 5 6 WHEREAS, the INTERNATIONAL BAKING COMPANY has applied 7 for a building permit to make improvements to the premises located 8 at 5250 52nd street, Vernon, California; and WHEREAS, conditions of the building permit require 9 10 11 INTERNATIONAL BAKING COMPANY to install or have installed street improvements on said 52nd Street; and 12 13 WHEREAS, the City of Vernon has entered or will enter into a contract for other street improvements on said 52nd Street; 14 and 15 WHEREAS, the cost of such street improvements is 16 estimated at Eleven Thousand Dollars and No Cents ($11,000.00), 17 but the actual cost will depend on the amount or amounts of materials used and work performed pursuant to the street 18 19 20 21 improvement contract; and WHEREAS, INTERNATIONAL BAKING COMPANY has requested that the City of Vernon install or have installed the necessary street 22 improvements required by said building permit and has agreed to pay to the City the cost of said improvements; and WHEREAS, INTERNATIONAL BAKING COMPANY and the City of 23 24 25 26 Vernon desire to enter into an agreement setting forth the terms and conditions for the cost of improvements to the street located at 5250 52nd Street, Vernon, California. 27 28 '- 1 2 3 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 4 hereby finds and determines that the recitals contained 5 hereinabove are true and correct. 6 SECTION 2: The City council of the City of Vernon hereby approves Public Improvement Agreement No. 14, a copy of which has been presented to the City Council concurrently with this resolution, and the City Council hereby orders said Agreement to be received and filed by the city Clerk. SECTlON 3: The City Council of the City of Vernon 7 8 9 10 11 12 hereby authorizes the Mayor and the City Clerk to execute said 13 Agreement for, and on behalf of, the City of Vernon. 14 S~CTION 4: The City Clerk of the City of Vernon shall 15 certify to the passage of this resolution, and thereupon and 16 thereafter the same shall be in full force and effect. 17 APPROVED AND ADOPTED this 21st day of November, 1995. /~~~. 18 19 20 ATT~ ~ 21 BRUCE V. MALKENHORST, City Clerk 22 23 24 25 26 27 28 -2- ,', ... 1 STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) 2 3 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 6710, was duly adopted by the city Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, November 21, 1995, and thereafter was duly signed by 4 5 6 7 8 the Mayor of the City of Vernon. 9 A-- /A-L 10 11 BRUCE V. MALKENHORST, City Clerk 12 13 14 ( SEAL) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- tt. .... <( . ~rq~ ~ 1 2 .3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PUBLIC IMPROVEMENTS AGREEMENT NO. 14 THIS AGREEMENT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this d. ..;r.L day of --n~ , 1995. BY AND BETWEEN CITY OF VERNON, a municipal corporation (hereinafter referred to as "CITY") 4305 Santa Fe Avenue Vernon, CA 90058-0805 ;J4-~ ~ -c:J~ dH~ INTERNATIONAL BAKING COMPANY (hereinafter referred to as "COMPANY" 5250 Alameda Street Vernon, CA 90058 RECITALS WHEREAS, COMPANY has applied for a building permit to make improvements to the premises located at 5250 52nd treet, Vernon, California; and WHEREAS, conditions of the building permit require ompany to install or have installed street improvements on said 52nd Street; and WHEREAS, CITY has entered or will enter into a contract for other street improvements on said 52nd Street; WHEREAS, COMPANY has requested that CITY install or ave installed the necessary street improvements required by said building permit at COMPANY's cost; and 26 WHEREAS, the actual cost of such street improvements 27 28 ill depend on the amount or amounts set forth in the street '- , #"' 1 improvement contract. 2 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL 3 PREMISES AND COVENANTS HEREIN SET FORTH, THE PARTIES HERETO 4 GREE AS FOLLOWS: 5 SECTION 1. CITY shall construct or have constructed 6 certain public improvements on the southeast corner of 52nd 7 Street and Alameda Streets in the City of Vernon, California. 8 CITY shall have all of the construction completed as shown on 9 City of Vernon Paving Plan P2290, Alameda Street 52nd 10 Street, Street Improvement, South-East corner dated October 4, 11 1995. 12 SECTION 2. COMPANY shall pay to CITY its 13 roportionate share of the cost of such improvements which are 14 ore particularly described in Exhibit "A" attached hereto and 15 a part hereof by reference. COMPANY shall deliver to 16 ITY concurrently with the execution of this Agreement, a 17 check in the amount of Eleven Thousand Dollars and No Cents 18 ($11,000.00) to cover payment for said work described in 19 xhibit "A". 20 SECTION 3. If the actual cost of said improvements 21 xceeds $11,000.00, COMPANY will be billed for the balance. 22 If the actual cost of said street improvements is less than 23 $11,000.00, COMPANY shall be refunded the balance. , 24 SECTION 4. Any notices demands, or other 25 communications required or desired to be given or made under 26 the terms of this Agreement shall be in writing and personally 27 served, or served by registered or certified mail, return 28 III 2 .... 1 receipt requested, deposited in the United States Mail with 2 postage thereon fully prepaid and addressed as follows: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY: City AdministratorlCity Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058-0805 COMPANY: International Baking Co. Simon Mani 5250 Alameda Street Vernon, CA 90058 Any notice, demand or other communication shall be eemed given or made on the day personally served, or, if by mail, three (3) days following the date such otice was deposited in the United States mail with postage thereon fully prepaid. 11/ III III 3 . 1 SECTION 5. This Agreement may be executed in 2 counterparts, each of which so executed shall be deemed an 3 original irrespective of the date of the execution, and said 4 counterparts, together shall constitute one and the same 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 greement. CITY OF VERNON By: ~ -" . LEONIS C. MALBURG, Mayor TTEST: r( y: - BRUCE V. MALKENHORST, City Clerk PPROVED AS TO FORM: Y:~~I\\~ DAVID B. BREARLEY, City A torney By: Title: .e President 4 ... . 1 2 lameda Department. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" 1. COMPANY shall pay for the following construction Streets as designed the City's Engineering 3 items for improvements to the southeast corner of 52nd and 4 5 6 7 8 9 10 11 12 13 by a. Removal of 19 cubic yards of asphalt concrete pavement and concrete. b. Removal of 22 cubic yards of soil. c. Construction of 8 cubic yards of crushed miscellaneous base. d. Construction of 19 tons of asphalt concrete pavement. Construction of 70 linear feet of curb and gutter. Construction of 525 square feet of sidewalk. e. f. g. Construction of 1 handicap ramp. h. Adjustment of 1 manhole. The value of the work is estimated at Eleven Thousand ollars ($11,000.00). .' ,. 5