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Resolution No. 6943 1 RESOLUTION NO. 6943 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF PUBLIC IMPROVEMENTS AGREEMENT NO. 17 BY AND BETWEEN THE CITY OF VERNON AND SOUTHERN CALIFORNIA GAS COMPANY 3 4 5 WHEREAS, the Southern California Gas Company 6 ("SoCalGasl) received an encroachment permit to install a 26- inch 7 gas line in Malburg Way and Downey Road; and 8 WHEREAS, conditions of the encroachment permit require 9 SoCalGas to place slurry seal and stripe on Malburg Way between the City boundary at Slauson Avenue and the east boundary of the 10 11 Los Angeles Department of Water and Power right-of-way, to place 12 slurry seal and stripe on Downey Road between the south side of 13 the Los Angeles riverbed to the City Boundary at Fruitland Avenue, and to stripe the east side of the roadway on Downey Road between 14 15 the City boundary south of Washington Boulevard to the City 16 boundary north of Bandini Boulevard; and 17 WHEREAS, SoCa1Gas has completed said installation; and 18 WHEREAS, the City of Vernon has entered into a 19 construction contract which will require subsequent slurry sealing 20 and striping of said streets; and 21 WHEREAS, SOCalGas has agreed to have the City perform or have performed the slurry sealing and striping of said streets at 22 23 company's cost and will pay $30,584.66 to the City for that 24 purpose. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 26 THE CITY OF VERNON AS FOLLOWS: 27 SECTION 1: The City Council of the City of Vernon 28 hereby finds and determines that the recitals contained - ~ 1 hereinabove are true and correct. 2 SECTION 2: The City Council of the City of Vernon 3 hereby approves Public Improvement Agreement No. 17, a copy of 4 which has been presented to the City Council concurrently with 5 this resolution, and the City Council hereby orders said Agreement 6 to be received and filed by the City Clerk. 7 SECTION 3: The City Council of the City of Vernon 8 hereby authorizes the Mayor Pro Tem and the City Clerk to execute 9 said Agreement for, and on behalf of, the City of Vernon. 10 SECTION 4: The City Clerk of the City of Vernon shall 11 certify to the passage of this resolution, and thereupon and 12 thereafter the same shall be in full force and effect. 13 APPROVED AND ADOPTED this 22nd day of April, 1997. T~~~~~ Pro Tem 14 15 /~ BRUCE V. MALKENHORST, City Clerk 16 ATTEST: ~ 17 18 19 20 21 22 23 24 25 26 27 28 -2- .... 1 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of 2 3 4 Vernon, do hereby certify that the foregoing Resolution, being 5 Resolution No. 6943, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council 6 7 duly held on Tuesday, April 22, 1997, and thereafter was duly signed by the Mayor of the City of Vernon. ~/~~ 8 9 10 11 BRUCE V. MALKENHORST, City Clerk 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- J .1 . <" 1 2 3 4 5 6 7 8 PUBLIC IMPROVEMENTS AGREEMENT NO. 17 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 ,~~ day of (~~ , 1997. BY AND BETWEEN CITY OF VERNON, a municipal corporation (hereinafter referred to as "CITY") 4305 Santa Fe Avenue Vernon, CA 90058-0805 9 10 AND 11 12 13 14 15 SOUTHERN CALIFORNIA GAS COMPANY (hereinafter referred to as "COMPANY" 555 W. Fifth Street Los Angeles, CA 90013-1011 RECITALS WHEREAS, COMPANY was issued an encroachment permit 16 to install a 26" gas line in Malburg Way and Downey Road; 17 and 18 WHEREAS, conditions of the encroachment permit 19 require COMPANY to place slurry seal and stripe on Malburg 20 Way between the City boundary at Slauson Avenue and the east 21 boundary of the Los Angeles Department of Water and Power 22 right-of-way, to place slurry seal and stripe on Downey Road 23 between the south side of the Los Angeles riverbed to the 24 City boundary at Fruitland Avenue, and to stripe the east 25 side of the roadway on Downey Road between the City boundary 26 south of Washington Boulevard to the City boundary north of 27 Bandini Boulevard, see attached Exhibit "A"; and 28 WHEREAS, COMPANY has completed said installation; J 1 and 2 WHEREAS, CITY has entered into a construction 3 contract which will require subsequent slurry sealing and 4 striping of said streets; and 5 WHEREAS, COMPANY has agreed to have CITY perform 6 or have performed the slurry sealing and striping of said 7 streets at COMPANY's cost. 8 AGREEMENT 9 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL 10 PREMISES AND COVENANTS HEREIN SET FORTH, THE PARTIES HERETO 11 AGREE AS FOLLOWS: 12 SECTION 1. CITY shall place slurry seal and 13 stripe on Malburg Way between the City boundary at Slauson 14 Avenue and the east boundary of the Los Angeles Department 15 of Water and Power right-of-way, shall place slurry seal and 16 stripe on Downey Road between the south side of the Los 17 Angeles riverbed to the City boundary at Fruitland Avenue, 18 and shall stripe the east side of the roadway on Downey Road 19 between the City boundary south of Washington Boulevard to 20 the City boundary north of Bandini Boulevard, fulfilling 21 COMPANY's obligation to do so under the subject encroachment 22 permit. 23 24 25 26 27 28 SECTION 2. COMPANY shall deliver to CITY concurrently with the execution of this Agreement, a check in the amount of Thirty Thousand Five Hundred Eighty-four Dollars and Sixty-six Cents ($30,584.66) as payment in full for said work described above. 2 '" ,~ ..- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3. Any notices demands, or other communications required or desired to be given or made under the terms of this Agreement shall be in writing and personally served, or served by registered or certified mail, return receipt requested, deposited in the united States Mail with postage thereon fully prepaid and addressed as follows: ~: City AdministratorlCity Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058-0805 COMPANY: Southern California Gas Company ATTN: Manuel Sanchez 555 W. Fifth Street Los Angeles, CA 90013-1011 Any notice, demand or other communication shall be deemed given or made on the day personally served, or, if service is by mail, three (3) days following the date such notice was deposited in the United States mail with postage thereon fully prepaid. III III III 3 '" ", .." .... 1 SECTION 4. This Agreement may be executed in 2 counterparts, each of which so executed shall be deemed an 3 original irrespective of the date of the execution, and said 4 counterparts, together shall constitute one and the same 5 6 7 8 9 10 agreement. CITY OF VERNON BY'~~ Il'iJqIff$ /q/ q / Mc/'Y9Jf . . /. /. " / THOMAS A. YBARRA, MAYOR PRO t/;at~d~/t4 TEM ATTEST: By: ~ BRUCE V. MALKENHORST, City Clerk 11 12 13 By: l DAVID B. BREARLEY, 14 15, 16 17 18 19 20 21 22 23 24 25 26 27 28 SOUTHERN CALIFORNIA GAS COMPANY By: ~ ~- Manuel Sanchez Title: SPECIAL PROJECTS MANAGER 4 I . V''' \ - ~ " - .I. n "I Q 0 ='1"0,0. \l f\I'd 'l.fil.J.'fI '^ :10 .J. N3WJ.ltVdi(t :10 it"" ~a ~, '-' .... 1661 !:! of 0( - - - . ......., H' .....,0. $0;' o ~ VINHOdIIVJ N:ONH3A dO 3Hl 30 dVW 0< ,-+ ~ ,.. f\ () lo. U ON..7J.Jn113, -1:<< - ~E 'II '11 iI "II ;.( . L NONII~A = &8'18 % t ! :II 30111",,00 JO AJ.I:'! r' l......, nHllHY so, JO .liO'