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Resolution No. 6735 . . : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 ~ 26 27 28 RESOLUTION NO.6735 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A VARIANCE TO PACIFIC COMBINING CORPORATION FROM SECTION 26.4.2-8 (b), OF THE COMPREHENSIVE ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 3055 FRUITLAND AVENUE IN THE CITY OF VERNON WHEREAS, Pacific Combining corporation occupies a parcel of property located at 3055 Fruitland Avenue and has requested a variance from Section 25.4.2-8 (b) of the Comprehensive Zoning Ordinance; and WHEREAS, Los Angeles By-Products Company, the owner of said property, has authorized Pacific Combining Corporation to act as its agent in applying for this variance; and WHEREAS, the physical condition of the property is unique in that the existing lot is fully developed, and is covered with a 30,085 square-foot building and with required parking and loading spaces; and WHEREAS, Pacific COmbining corporation proposes to construct outdoor production equipment which will cause the elimination of seven required automobile parking spaces; and WHEREAS, Zoning Ordinance Section 26.4.6-4 (b) requires that where insufficient space exists on a lot or parcel for compliance with the off-street parking requirements, complian~e shall occur at the time of any structural alteration of the building; and WHEREAS, Zoning Ordinance Section 26.4.2-6 specifies that the existing building requires 34 automobile parking spaces, 28 for 27,133 square feet of industrial use and 6 for 2,952 square feet of office use; and 1 WHEREAS, after the addition of the production 2 equipment, Pacific Combining Corporation provides 15 automobile 3 parking spaces on the existing site and will need to provide 19 4 additional automobile parking spaces on the separate parcel; 5 and 6 WHEREAS, Zoning Ordinance section 26.4.2-8 (b) 7 requires that the parking facilities shall either be on the 8 same lot as the occupancy or on a separate lot or parcel 9 located within 1000 feet from the main building and for which a 10 covenant has been recorded restricting the use of the property 11 to parking for the benefit of the use requiring the parking; 12 and 13 WHEREAS, it would be economically infeasible for 14 Pacific COmbining Corporation to provide the required parking 15 on the same parcel as the building; and 16 WHEREAS, Pacific Combining corporation has leased a 17 portion of a separate parcel located at 3027 Fruitland Avenue 18 which is within 1000 feet of the building; and 19 WHEREAS, the separate parcel is paved and provides 19 20 automobile parking spaces; and 21 WHEREAS, Pacific Combining Corporation has agreed to ~ provide the additional required parking spaces at an alternate ~ site within 1000 feet of the building or demolish the additions 24 if it loses the lease for the 3027 Fruitland Avenue; and 25 WHEREAS, 3055 Fruitland Avenue is located in the M 26 Zone and the operation is consistent with the objectives of the 27 General Plan and Zoning Ordinance; and 28 WHEREAS, the City Council of the City of Vernon held 2 1 a hearing on said application for a variance on January 9, 2 1996. 3 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 4 THE CITY OF VERNON AS FOLLOWS: 5 SECTION 1: The City council of the City of Vernon 6 hereby finds and determines that the recitals contained 7 hereinabove are true and correct. 8 SECTION 2: A variance from Section 26.4.2-8 (b) of 9 the Comprehensive Zoning Ordinance, requiring a recorded 10 covenant for the use of an off-site parcel for parking, is 11 hereby granted to Pacific Combining Corporation at 3055 12 Fruitland Avenue. 13 SECTION 3: The variance shall be granted subject to 14 the following conditions: 15 (a) Pacific Combining corporation shall maintain the 16 current required parking spaces at 3055 Fruitland and 3027 17 Fruitland Avenue. 18 (b) If Pacific combining corporation loses its lease 19 for the parcel located at 3027 Fruitland Avenue, then the 20 current required parking spaces shall be provided at 3055 21 Fruitland Avenue and within 1000 feet thereof or the subject ~ addition shall be demolished. ~ SECTION 4: Noncompliance with these conditions shall 24 constitute sufficient grounds for the City Council of the City ~ of Vernon to void this variance and require the demolition of 26 the addition. 27 III 28 III 3 1 SECTION 5: The City Clerk of the city of Vernon 2 shall certify to the passage of this resolution and thereupon 3 and thereafter the same shall be in full force and effect. 4 APPROVED AND ADOPTED this 9th day of January, 1996. 5 6 7 ATTEST: 8 A ~/- 9 BRUCE v. MALKENHORST, 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 25 26 27 28 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 6735, was duly adopted by the City of Vernon at a adjourned regular meeting of the City council duly held on Tuesday, 'January 9, 1996 and thereafter was duly signed by the Mayor of the city of Vernon. ~ BRUCE V. (SEAL) ~// 5 .1' ,!Ii( '- 1J j ~- D 0# I .. ~<j ! V (; p ~ vii I' NOTICE OF A PUBLIC HEARING The City of Vernon will conduct a Public Hearing which you may attend. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: Tuesday, January 9, 1996 at 5:00 p.m. Applicant: Pacific Combining Corporation The purpose of the hearing is to obtain testimony affected andlor interested persons regarding this application. public is also invited to submit written comments regarding request prior to the Hearing. from The the Request: Grant a variance from section 26.4.2-8 (b) of the Comprehensive Zoning Ordinance. The tenant is proposing to construct outdoor production equipment that will eliminate parking spaces and then provide the required parking on a separate parcel without executing a parking covenant for the parcel. Property involved: 3055 Fruitland Avenue, Vernon, Ca 90058 Review of the file: The application, maps and supporting information is available in the Department of Community Services Office, Vernon City Hall, 4305 Santa Fe Avenue, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. If you challenge the granting of this variance or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, ~~n~~~ Bruce V. Malkenhorst City Administrator/City Clerk . . ~ , t TO: FROM: December 18, 1995 Uce V. Malkenl).orst, city Administrator Samuel Kevin Wilson~cting Director of Community Services & Water SUBJECT: Variance - Pacific Combining corporation @ 3055 Fruitland Avenue Pacific com~ining corporation has submitted a complete application for a var1ance. It is requesting a variance from the Comprehensive Zoning Ordinance, section 26.4.2-8 (b). It is proposing to construct outdoor production equipment that will eliminate parking spaces and then provide the required parking on a separate parcel without executing a parking covenant for the parcel. It is recommended that you receive the application and that a pUblic hearing for this application be set for January 9, 1996. MR: reg Attachments CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tern ?11J.. 4. ' tkr Wm. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman CITY HALL BRUCE V. MALKENHORST City Administrator/City Oerk FAX: (213) 581-7924 DAVID B. BREARLEY City Attorney FAX: (818) 330-5818 S. KEVIN WILSON Acting Director of Community Services & Water FAX: (213) 588-2761 KENNETH J. DeDARIO Director of light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 January 4, 1996 City Council City of Vernon Honorable Members: Pacific Combining Corporation has requested a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8(b), for the building located at 3055 Fruitland Avenue, and transmitted herewith is the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer'S Report. The site is currently fully developed, and the company is proposing to construct outdoor production equipment which will cause the elimination of seven automobile parking spaces. They have leased a portion of the parcel at 3027 Fruitland Avenue to provide the required parking. The parcel is within 1,000 feet of the building, but the company cannot execute a covenant restricting the use of the parcel. The minimum number of parking spaces to be provided is 19; the parcel is paved and striped to provide adequate parking spaces. The company has agreed to provide 19 automobile spaces at an alternate site or demolish the subject additions and provide the required automobile parking on site if it loses its lease at the 3027 Fruitland Avenue parcel. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted subject to the following Conditions: a. Pacific Combining Corporation shall maintain the current required parking at 3055 Fruitland Avenue and 3027 Fruitland Avenue. * r City Council Re: Pacific Combining January 4, 1996 Page 2 b. If Pacific Combining Corporation loses its lease for the parcel located at 3027 Fruitland Avenue, then the current required parking spaces shall be provided at 3055 Fruitland Avenue and within 1000 feet thereof, or the subject addition shall be demolished. BVM/hr ~/ January 3, 1995 FROM: Bruce V. Malkenhorst, City Administrator Samuel "Kevin" Wilson~cting Director of Services & Water Community TO: SUBJECT: Variance - Pacific Combining corporation @ 3055 Fruitland Avenue Pacific Combining Corporation has requested a variance from the Comprehensive Zoning Ordinance section 26.4.2-8 (b) for the building located at 3055 Fruitland Avenue. The site is currently fully developed. Pacific Combining Corporation is proposing to construct outdoor production equipment which will cause the elimination of seven automobile parking spaces. Pacific Combining Corporation has leased a portion of the parcel at 3027 Fruitland Avenue to provide the required parking. The parcel is within 1,000 feet of the building, but Pacific Combining Corporation cannot execute a covenant restricting the use of the parcel. The minimum number of required automobile parking spaces to be provided on this parcel is 19. The parcel is already paved and striped to provide adequate automobile parking spaces. Pacific Combining Corporation has agreed to provide 19 automobile parking spaces at an alternate site or demolish the subject additions and provide the required automobibe parking on site if it loses its lease to the 3027 Fruitland Avenue parcel. Herewith is the following evidence: 1. Application for variance. 2. Affidavits of posting and mailing. 3. Notice of Public Hearing. 4. Engineer's report. It is recommended that the variance be granted subject to the following conditions: (a) Pacific Combining corporation shall maintain the current required parking at 3055 Fruitland Avenue and 3027 Fruitland Avenue. (b) If Pacific Combining Corporation loses its lease for the parcel located at 3027 Fruitland Avenue, then the current required parking spaces shall be provided at 3055 Fruitland Avenue and within 1000 feet thereof or the subject addition shall be demolished. MR: reg Attachments '" ENGINEER'S REPORT PACIFIC COMBINING CORPORATION 3055 FRUITLAND AVENUE VARIANCE APPLICATION DECEMBER 18, 1995 Pacific Combining Corporation has requested a variance from the Comprehensive Zoning Ordinance section 26.4.2-8 (b) for the property located at 3055 Fruitland Avenue in the City of Vernon. Pacific Combining Corporation occupies a 30,085 square foot building on a lot which is fully developed. It is proposing to construct outdoor production equipment which will cause the elimination of seven required automobile parking spaces. Section 26.4.2-8 (b) of the Comprehensive Zoning Ordinance allows required parking to be provided on a separate parcel. However, the parcel must be within one thousand feet of the main building and a covenant restricting the use of the property must be recorded. Pacific Combining corporation has leased a portion of the parcel located at 3027 Fruitland Avenue in order to provide the additional required parking, but cannot execute a covenant restricting the use of the property. The parcel is already paved and provides more than the amount of required parking spaces. The parcel is located within one thousand feet of the building. Pacific Combining Corporation has agreed to demolish the outdoor production equipment if it loses the lease to the parcel. The building requires 34 automobile parking spaces. Pacific Combining Corporation provides 15 automobile parking spaces on the site and 19 parking spaces on the leased parcel, bringing the total amount of automobile parking spaces provided to 34 spaces. Their operation is in conformance with the Zoning Ordinance and General Plan. Therefore, it is recommended that the variance be granted with the following conditions: (a) Pacific Combining corporation shall maintain the current required parking spaces at 3055 Fruitland Avenue and 3027 Fruitland Avenue. (b) If Pacific Combining Corporation loses its lease for the parcel located at 3027 Fruitland Avenue, then the current required parking spaces shall be provided at 3055 Fruitland Avenue and within 1000 feet thereof or the subject addition shall be demolished. II' <..: .. APPIDAVIT OP POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) I, Bill Wilson, Engineering Aide of the City of Vernon, do hereby certify that I did, on the 19th day of December, 1995 at 4:00 p.m. post three (3) copies of: NOTICE OP PUBLIC HEARING to be held 1/'/96 (see attached copy) regarding a variance application for PACIPIC COMBINING CORPORATION to allow them to provide required parking on a separate parcel without executing a parking covenant for the parcel at 3055 Fruitland Avenue. One in each of the following places to wit: At the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard; and on the bulletin board in the lobby of the City Hall of the City of Vernon, located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. Date: 12/2.o~960JLQ uJ~ Bill Wilson, Engineering Aide State of California ) ) ss. County of Los Angeles ) On ~~ -:X~,\G\qG before me, S~~C\r, L,.S) u..d;<'" wc,~ Notary PUblic, personally appeared Bill Wilson, personally known to me (or known to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my band and official seal ~~ -FD~Q~ ~ ~ ~ ~ ~ ~ ===- ~I I.~~ ~ L_~. .. . COMM,#__ I ~ ~ Notary..... - -e_ till .. ! LOS APGELBCCUW I I ~'__ MyCo:nm. ExpIresJUN'.I99t ~ . ... '~.~.,.. ~ ...... ...... ...... -- .....- ,,' AFFIDAVIT OF MAILING I, Rose Gonzales, declare as follows: 1. That I am employed in the Community Services Department in the position of Secretary. 2. That on December 19, 1995 I mailed a copy of: NOTICE OF SCHEDULING OF A PUBLIC HEARING to be held January 9, 1996 regarding a variance application for 3055 Fruitland Avenue along with a cover letter to the property owners and interested parties on the attached lists, by depositing said copies in the United States Mail, with postage fully prepaid. r 11/15/95 L 6303029010 1 Joe H Dispeker Po Box 35253 Los Angeles CA 90035 6303029013 4 Lawrence Bubar 3123 Earlmar Dr Los Angeles CA 90064 6303029009 7 Roy E Alexander 5240 E El Roble St f Long Beach CA 90815 6303029006 10 Lillian F Kamph 1320 E Oceanfront Frnt Newport Beach CA 92661 6310008003 13 Aluminium Co. of America 5151 Alcoa Ave Vernon CA 90058 Los Angeles By-Products Co , I8l0 E..25th Street Vernon, Ca 90058 300' RADIUS OWNERSHIP LISTING Pacific Combining Co. 3055 E. Fruitland 6303029011 2 United Engineering 833 W 17th St 4 Costa Mesa CA 92627 6303029014 Catherine R 1057 Carmel Simi Valley 5 Spellman Dr CA 93065 6303029008 8 Dextrex Company Po Box 501 Detroit MI 48231 6303028014 11 Euclid Steel Fabricating 31552 Railroad Canyon Rd 44 Canyon ~ake CA 92587 6303029005 Same as #11 14 James Walter Pacific Combining Corp. 3055 Fruitland Avenue Vernon, Ca 90058 Page 1 6303029012 3 Trent G Anderson 126 S Windsor Blvd Los Angeles CA 90004 6303028001 6 Barilev Investments 5215 S Boyle Ave Los Angeles CA 90058 6303029007 Los Angeles 1810 E 25th Los Angeles 9 By Products St CA 90058 6310009015 12 Owens Illinois Co. 1 Seagate Toledo OH 43604 Claude Van Gorden I8l0 25th Street Vernon, Ca 90058 ... Dolores petullo Chamber of Commerce 3801 Santa Fe Avenue Vernon, CA 90058 Robert J. Niccum L.A. Unified School Dist. 1425 S. San Pedro street Room 101 Los Angeles, CA 90015 Joseph R. Garruba California Portland Cement Company 2025 E. Financial Way Glendora, CA 91740 sidney R. Title Market Pr~perties, Inc. 5245 Pacific Concourse suite 190 Los Angeles, CA 90045 H.P. Long Sweetener Products 2050 E. 38th Street Vernon, CA 90058 Louis Chertkow Elkay Plastics Company, Inc. P.O. Box 23008 Vernon, CA 90023 E.J. Contreras Owens-Brockway 2901 Fruitland Avenue Vernon, CA 90058 Gloria Molina Bd. of supervisors 500 W. Temple street suite 856 Los Angeles, CA 90012 Dave Karrker California Water Service 5243 E. Sheila Street Commerce, CA 90022 John Kinas united States Aluminum 3663 Bandini Boulevard Vernon, CA 90023 Ron Matik 33292 Pleasant Oak Dr. springville, CA 93265 Ellen Orlando Karen Lehrer 2300 E. 11th street Los Angeles, CA 90021 Brent P. Chappell Catellus Development Corp. 1065 N. PacifiCenter Drive, suite 200 Anaheim, CA 92806 Mothers of East L.A. Ms. Guiterrez 924 S. Mott Street Los Angeles, CA 90023 Nathan Smooke P.O. Box 1311 Los Angeles, CA 90053 J.J. Little J.J. Little Company, Inc. 3700 Santa Fe Avenue Vernon, CA 90058 4 L.R. Luppen Metal Products Engineering 3864 Santa Fe Avenue Vernon, CA 90058 David Nazaryk Catellus Development corp. 1065 N. pacificenter .Drive, suite 200 Anaheim,CA 92806 connie M. Carrasco, President Chem-Tech systems, Inc. 3650 East 26th street Vernon, CA 90023 James H. Hilands Heger Realty Corporati< 5657 E. Washington Blv< Los Angeles, CA 90040 City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 (213) 583-8811 NOTICE OF A PUBLIC HEARING The City of Vernon will conduct a Public Hearing which you may attend. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: Tuesday, January 9, 1996 at 5:00 p.m. Applicant: Pacific Combining Corporation The purpose of the hearing is to obtain testimony from affected andlor interested persons regarding this application. The public is also invited to submit written comments regarding the request prior to the Hearing. Request: Grant a variance from section 26.4.2-8 (b) of the Comprehensive Zoning Ordinance. The tenant is proposing to construct outdoor production equipment that will eliminate parking spaces and then provide the required parking on a separate parcel without executing a parking covenant for the parcel. Property involved: 3055 Fruitland Avenue, Vernon, Ca 90058 Review of the file: The application, maps and supporting information is available in the Department of Community Services Office, Vernon City Hall, 4305 Santa Fe Avenue, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. If you challenge the granting of this variance or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. ~~ &4>tq' /ft'~~ Bruce V. Malkenhorst City AdministratorlCity Clerk @ , APPLItATIdh FOR VARIANCE Page 1 of 4 Application is hereby made to the City of Vernon, petitioning for a variance for the following described property: Leqal description (give exact legal description): Atiao::>IOldnate 30,085.sqaure foot concrete tilt-up J;>uilding commonly known as 3055 Fruitland Avenue, Vernon,Calififornia per Assessor!s Map 6303-029-007 General location (give street address): 3055 E.Fruitland Avenue Los Angeles, California 90058 Name of Applicant(s): PACIFIC COMBINING CORPORATION (print or type name of business) Mailing address 3055 East Fruitland Avenue Los Angeles, CA Telephone (213) 583-4231 Record owners (s) of property: Name LOS ANGELES BY-PRODUCTS CO. Mailing address 1810 East 25th St., Los Angeles, CA Telephone (213) 233-4175 Property owner(s) representative: Name CLAUDE D. VAN GORDEN Mailing address 1810 East 25th St. Los Angeles, CA 90058 Telephone (213) 233-4175 relationship to owner(s) (engineer, contractor, attorney, purchaser, lessor) lessor Written consent of owner(s) must be attached. Present use of property: ~ACTImING NOV22'95#7?7AG754 11;46 Present ZQning: Proposed use of property: .'::5e:~'e ~~e:.1{:) How long has owner held title to this property ? Are there any easements controlling the use of this property ? No Yes described Expiration date Are there any private or deed restrictions controlling use of this property ? No Yes, describe _ 'lii~:'~~~~~,~..!::.:"j:::_=... ~~~ _ L rl · 11~'P'S~.:-a-.c::::::::_"':..=-:.;;:::..:...':';';'~.~::... '. . t .. .- '. - Page 2 of 4 Variance applied for (described in detail the nature and purpose of this request for which the premises are to be used) attach additional sheetJs) if necessary; 6";;:;E- ~~r.o...~E:,~ ,- , 2. ...j ,C'. --. . 'l ~ /'-, i'- " f ! , I / l .. >,' '/ .' }/I' .f <w"iD':'4;:;~_":-;;":::::::':::~(:; -,-.~ NOTICE TO APPLICANT: In <the variance' procedure it shall beih;~,~ that the fOllowing five (5) conditions exist in reference to the proper,fy being considered. The ap'plicant should answer the following statem~nts. If you have difficulty finding reasonable answers to the statements tontain~d in this application it may be an indication th.at your request hys insufficient factors to justifY approval. (Attach additional sheet(s) ifneces~ary) (1) That special conditions and circumstances exist which,are peculiar to the 1 and, s t r u c t u r e , or b u i 1 din gin vol v e d and w h i c h are not genera 11 y applicable to 6ther lands, struct~res, or buildings in tha same vicinity and zone: ,,::?E'E. ,c..~A LC:-l...GP> (2) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same vicinity and zone in which the property is located, under the terms of this Chapter. 5e::-E. ",-' tA ~-<. E-O . . . . , Page 3 of 4 (3) That the special conditions and circumstances do not result from actions of the applicant: $li-s p..--.:-r'..,c..C(-11EV:) (4) That granting the yaY-lance req'uested uwill not confer on the applicant any special privilege that is denied ,by'this Chapter to other lands,_ structures, or bUildings in thesam'e vicinity and zone in which the property is located:- (5) That the granting of such v riance wi'll be in harmony and not adversely affect the Comprehensive General Plan: \, / V NOTE: Non-conforming use of neighboring lands, structures, or bUildings shall not be Considered grounds for the issuance of a variance. Are the required site and design plot plans showing the area covered in the legal description and all e~isting and proposed improvements attached?'No/Yes Are the required three (3) area maps attached? No/Yes ,.. '" j ~ . , ~ Page 4 of 4 Is there a certified list attached of names and mailing addresses of all property owners within 300' of the exterior boundaries of the property in this application? No/Yes Is the required fee enclosed? No/Yes Make check or money order payable to the City of Vernon. I declare under penalty of perjury that to the best of my kno~led~e and belief the foregoing is true; complete, and accurate. Signed: ., Date (property owner{s) or owners respresentative p....____ ~ <::....ll.-..~<..(.:::) /' II . . PARKING SPACE AGREEMENT THIS LICENSE AGREEMENT (lIlicense") is made this 1st day of November 1995, between DETREX CORPORATION (licensor"), and Pacific Combining Corporation, a California corporation (lIlicensee"). The parties agree: 1. Premises (a) Licensor licenses the use to licensee of the following premises situated in the City of Vernon, County of Los Angeles"State of California, more particularly described as: ,. "..: (I) those 19 certain parking spaces located at 3027 Fruitland Ave., Vernon California, to be specifically designated by LiG.ensor including ingress and egress to the public roadways; and "" (b) licensor warrants and represenfs that upon the commencement.of the term of the License the Premises described above shall be in a good condition and shall be appropriate for the uses and purposes stated in Section 2 of this License. 2. Use .. : The premises may be used by licensee for the parking of passenger vehicles only. Licensee agree to comply with federal, state and local governmental laws, rules, regulations and ordinances applicable to Licensee's use of the Premises. 3. Term The term of this License Agreement shall commence at 12:01 a.m. on November 1, 1995 and terminate at 11 :59 P.M. on February 28, 1999 4. Rent (a) Licensee will pay Licensor the sum of $7,600 (Seven Thousand Six Hundred and noll 00 Dollars) per year as rent at the rate of $633.33 per month. The rent is gross and includes all taxes, insurance and utilities. (b) If Licensee remains in possession of the Premises after expiration of this License, on. termination of thi.s License, as provided herein, licensee's holqing Qver shall constitute a day-to -day tenancy at a rental rate of Fifty Dollars ($50.00Y per day. , I .I ,"l ~~. Beosirs. Maintenance and Se~ (a) Licel18ae agrees, at its own8lCpense, to make all repairs and replacements on the Premises WhIch becomll neceaaary dUr.lng Licensae's use of the Prem/se$ by reason of the fault or neglllct of Licensee. Licenaae also agrees to kaepthe PremIses in a clean condition, and upon the termination of this Licel18e. to deliver the Premisas to the Licensor In a8 good condition as when received, minus normal wear and tear, (b) LiClll180r agrees, at Its' own 8lCpense, to make.1I repairs and replacements on the Premises Which become neeeesary during Licensee's usa of the Premises by reeson of the fault or neglect of licensor. LIcensor agrees to Indamnlfy licensee for all losses, damages, liabilities, costs and 8lCIlensas (Including, but not limited to, legal fees and court costs). due to licensor's failure to P8/'form such proper repairs and maintenance. 6. Licensee Il'Jsurance Licensee shall pay for and maintain, during the Term, the fOllowing policles of insurance covering the Premises: (a) Workers' Compensation Insurance. COvering Licel18ee's employees Including , ali cost8, benefits and liabilities under State Workers' Compensation and similar laws and ,Employers liability Insurance, with limits of not les8' than $500,000.00 per occurrence. (b) Comprehansive General liability Insurance. InclUding but not limited 10, coverage for Personal Injuries with limits of not less than $1,000,000.00 combined single limit for death, personal injury and property damage, per occurrence, including Licensor as an additional insured. 7. Indemnit~ (a) Licensor agrees to indemnify, protect, defend and hold licensee, its directors, officers, employees and agents, harmless from and against ali claims, actIons, losse8, damages, costs, expenses (Including, but nollimlled 10, attorneys' fees and court costs) and liabilities (except those caused by the negligence or Intentional misconduct of L1cconsee),actually or allegedly arising out of Injury 10 . or death of any person or loss of or damage to property outside of the Premises (unless due to licensor's negligence or Intentional miSCOllduct or those of Licensor's agents or employees).- (b) licensae agrees to indemnify, protect, defand and hold Licensor, its directors, officers, employees and agents, harmleaa fi'om and agaInst all claims, actions, los_. damages, costs, expenses (InclUding, but notlimijad to, ettorneys' fee. 2 '-"~""'-"'"'~'-"'- ".'<<..- . ,~_ ,,'" .-~:>n,,,,:~_7:~:'~ ':':",=_.:,..."'.,.,::>"....~ ., ._.,'_a -. , ~. . ; MaA. , " . and court costs ) and liabilities (except those caused by the negJJgenoe or intentional misconduct of Licensor), actually or allegedly arising out of injury to or death of any person or loss of or damage to property in or upon the Premises. . S.' Termination This License may be terminated by either party upon 30. days written notice to the other party without cause and without liability of any kind to the terminating party. 9. ~ Notices shall be in writing and shall be deemed properly served when deposited with the United States Postal Service, as certified, or by overnight express mail with return receipt requested, and addressed as follows: Licensor: Detrex Corporation P. O. Box 5111 Southfield, MI 48086-5111 Attn: 18sa H. Shamlyeh Director, Risk Management Licensee: Pacific Combining Corporation 30SSE. Fruitland Ave. Vernon, CA 90058 Attn: Samuel R. Goodson President or to any other address furnished in writing by any of the foregoing. 11. .entire Agre,m,o! This License constitutes the entire agreement between the parties with respect to the Premises. Neither this License nor any of its provisions may be changed, waived, discharged or terminated orally, but orily by an instrument in writing signed by the ~~ . 12 ~nl"\i"..... "'~ I _u. .~ This License shall be construed in accordance with and governed by the laWs of the state in which the Premises is located. 3 . . ~.._-_. . --,.:-:- ,-, , .j" . .. .- . .. , '13. ~'v& .. (~'"J Be '88 Except 88 herein specifically Provided, no other person, customer, employee or Invitee of L1cen_ or any other third plll'ty shell be deemed to be e third party beneficiary of any of the. provisions herein. 14. ~ If any Section, paragraph, subparagraph, sentence, clause or phrase of this License Agreement shall be declared or Judged invalid or unconstitutional. such adjudication shall not affect the other Sections, paragraphs, subparagraphs, sentences, clauses or phrases, 15. ~ The Section headings are for convenience and are not a part of this License Agreement. 16. Brokers Both Licensor and Licensee warrant that they have not dealt with any broker In connection with the license of the Premises. IN WITNESS WHEREOF, the parties have caused 'this License Agreement to. be executed: . ATTEST: BY:.~~ LICENSOR: By: Title: ATTEST: By.~4l._~ LICENSEE: Peter Drooker By: Samuel R. GOOdson Title: Prel~ (~ 4 CERTIFIED PROPERTY OWNERS' LIST AFFIDA VIT I, Bonnie Perkins, hereby certify that the attached list contains the names and addresses of all persons to whom all property is assessed, as they appear on the latest available assessment roll of the County within the area described and for a distance of three hundred (300) feet from the exterior boundaries of the property located at: 3055 E. Fruitland Avenue Vernon, California I certify under penalty of perjury that the foregoing is true and correct. ~ ~ ./ ',~- ,) Signed: ,,~~ 7' '\...-- 5onf1l.Q..... fiaI;' Perkins ~s-i8P Date: November 20, 1995 SUBSCRIBED AND SWORN TO BEFORE ME THIS~DAY OF^Jl'1V~ 19 1~ ~<~tJ:tL fill. W~ NOTAR~PUBLlC "t.AA .41 . *..,~ 11 ~ A' . .--meM.WAU..ER I COMM. #1OG'96 3i NotGv F\IbIc - CaIfomkI ~ J 'F ~ 'F ~ ~~~~1~~' LOS ANGELES BY-PRODUCTS CO. August 9, 1995 Mr. Sam Leto, Safety and Plant Coordinator Pacific Combining Corporation 3055 East Fruitland Avenue Los Angeles, CA 90058 Dear Mr. Leto: Los Angeles By-Products Co. grants permission for the "lessee" to construct a regenerative thermal oxidizer on the property located at 3055 East Fruitland Avenue, Los Angeles, CA. Los Angeles By-Products Co. is aware of and gives consent to the variance application by the "lessee" for the construction of the oxidizer. Lessee agrees to dismantle the regenerative thermal oxidizer at the end of said lease or any extension there of Upon dismantling, Pacific Combining Corp. will repair property damage to the satisfaction of Los Angeles By- Products Co. M. R. McAllister President Agreed By: v~. CJ~ ..... Title: President MRM:rm Date: 8/17/95 1810 EAST TWENTY-FIFTH STREET, LOS ANGELES, CALIFORNIA 90058-1192 TELEPHONE (213) 233-4175 FAX (213) 233-4170 , I f , I I I I I '--T~----_-!ff- - - _ _ _ ___ ~_ _!!!.-___l___ __ _____ _ ~~_ ___ _ _ __ __ r..rtJ-*..~.-. j ~.. 4r,'. " '. @ .. t:t? RY. ~ i~U --T,---/'i.fr:---17D ,,- --- --------~""7,;;;"""'----------,-----' "~/l" rt$~/k I I .. l!l 'I r,. 1@1@0'1' I ~ I I--' 11"', ;, 1 1#6.7 I iii ~~ 29 p-,,! I'.. , I @ ~j,uJl". Id, "'.((, . ;~; o /7".~r"A 31 - ~ __ _ :L ":''':' ! ----J;:--- li'fI .... ... ...... <fa.. @ Hn,4", , .---------------- .t2 ~I/!Jr: ~: .~ , r,\\\I,IIIS \\(\\\111' .' ~ 27 ~ U ~~ !b " ~ @) . 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