Resolution No. 6735
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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
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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
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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.
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7 ATTEST:
8 A ~/-
9 BRUCE v. MALKENHORST,
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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.
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BRUCE V.
(SEAL)
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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
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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.
*
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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
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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.
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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
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! LOS APGELBCCUW I
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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
@
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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
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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;
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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.
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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:
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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
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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.-..~<..(.:::)
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II
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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 ($50.00Y per day.
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Beosirs. Maintenance and Se~
(a) Licel18ae agrees, at its own8lCpense, to make all repairs and replacements on
the Premises WhIch becomll neceaaary dUr.lng Licensae's use of the Prem/se$
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
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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
~~ .
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This License shall be construed in accordance with and governed by the laWs of the
state in which the Premises is located.
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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.
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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 ~
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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:
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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
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