Resolution No. 6985
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RESOLUTION NO. 6985
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF A TRAFFIC SIGNAL CONSTRUCTION AND
MAINTENANCE AGREEMENT BETWEEN THE CITY OF
VERNON AND FOUR M MANUFACTURING GROUP OF
CALIFORNIA, INC. DBA BOX USA GROUP ,. INC.
WHEREAS, the Four M Manufacturing Group of California,
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Box USA Group, Inc. has proposed to improve the
properties located at 3030 Atlantic Boulevard and adjacent thereto
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(hereinafter "Site") in the City of Vernon; and
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WHEREAS, the City has required that Box USA Group, Inc.
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install or have installed at its own cost the necessary street
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improvements for the site as a requirement of building
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improvements because the site has been vacant for more than one
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year; and
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WHEREAS, said street improvement will include a traffic
signal to provide access to the Site; and
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WHEREAS, Box USA Group, Inc. will pay 100% of the
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construction costs and 33.3% of the maintenance, repair,
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administration, and operation of the subject traffic signal
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devices and appurtenant equipment; and
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WHEREAS, City proposes to own and to be solely
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responsible for the maintenance, repair, administration, and
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operation of the subject traffic signal devices and appurtenant
equipment.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
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THE CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
28 hereby finds and determines that the recitals contained
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1 hereinabove are true and correct.
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SECTION 2: The City Council of the City of Vernon
3 hereby approves the Traffic Signal Construction and Maintenance
4 Agreement, a copy of which has been presented to the City Council
5 concurrently with this resolution, and the City Council hereby
6 orders said Agreement to be received and filed by the City Clerk.
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SECTION 3: The City Council of the City of Vernon
8 hereby authorizes the Mayor and the City Clerk to execute said
9 Agreement for, and on behalf of, the City of Vernon.
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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 1st day of July, 1997.
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18 BRUCE V. MALKENHORST, city Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 6985, was duly adopted by the city Council of the
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City of Vernon at a regular meeting of the City Council duly held
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on Tuesday, July 1, 1997, and thereafter was duly signed by the
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Mayor of the City of Vernon.
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(SEAL)
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BRUCE V. MALKENHORST, city Clerk
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j TRAFFIC SIGNAL CONSTRUCTION AND MAINTENANCE
2 AGREEMENT
3 THIS TRAFFIC SIGNAL CONSTRUCTION AND MAINTENANCE AGREEMENT
4 ("AGREEMENT") is made, entered into and executed in duplicate
5 originals, either copy of which may be considered and used as the
6 original hereof for all purposes, as of this day of ~ . ;t
7 1997 .
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~ BY AND BETWEEN CITY OF VERNON, a municipal corporation
10 (hereinafter referred to as "CITY")
4305 Santa Fe Avenue
jj Vernon, CA -90058-0805
j2 AND FOUR M MANUFACTURING GROUP OF
CALIFORNIA, INC. DBA BOX USA GROUP, INC.
13 (hereinafter referred to as "COMPANY") ,
115 Stevens Avenue
14 Valhalla, New York 10595-1252
15 RECITALS
js WHEREAS, COMPANY has proposed to improve the properties
j7 located at 3030 Atlantic Boulevard and adjacent thereto in the
j8 City of Vernon, California ("Site") described as follows;
j9 Los Angeles County Assessor Parcel Numbers 6332-003-
20 006,. 6314-033-270, 6314-033-802 as shown on Exhibit "A" which is
2j attached hereto and made a part hereof by reference; and
22 WHEREAS, CITY has required COMPANY to install or have
23 installed at its own cost, street improvements for said Site as a
24 requirement of building improvements because the Site has been
25 vacant for more than one year; and
26 WHEREAS, said street improvements will include a
27 traffic signal to provide access to the Site (the "Project")
28 which is more fully described in Exhibit "B" which is attached
1 hereto and is made a part hereof by reference; and
2 WHEREAS, COMPANY will pay all of the construction and
3 installation costs and one-third of the maintenance, repair,
4 administration and operation of the Project; and
5 WHEREAS, CITY proposes to own and to be solely
6 responsible for the maintenance, repair, administration and
~ operation of the Project including the traffic signal devices and
$ appurtenant equipment.
9 NOW,. THEREFORE, IN CONSIDERATION OF THESE PREMISES AND
10 COVENANTS HEREIN SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS:
11 SECTION 1. COMPANY shall construct or have constructed
12 the Project which improvements are more particularly described on
13 City of Vernon Drawings P2199, T2202 and T22Q7.
14 a. COMPANY shall pay 100% of the cost of the Project;
15 b. Upon completion of the. Project, said traffic `
16 signal devices and appurtenant equipment shall
17 .become the property of CITY;'
1$ c. COMPANY shall pay 33.3% of the annual operating
19 costs including, but not limited to, electrical
20 energy, administration, maintenance and repair of
21 said traffic signals. The shared cost is based
22 upon the ratio of the number of legs of said
23 street improvement and will be billed annually;
24 d. COMPANY shall pay 33.30 of any reconstruction cost
25 of said traffic signals at said street
26 improvement;
27 e. COMPANY shall meet all requirements imposed by
28 CITY ordinance, and perform or have performed all
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1 related work in accordance with CITY standards and
2 plans, and at the direction of the Director of
3 Community Services;
4 SECTION 2. CITY hereby agrees as follows:
5 a. CITY shall prepare plans and cost estimates for
6 the Project, as described in Exhibit "B", at no
7 cost to COMPANY;
8 b. CITY shall inspect the construction and do all
9 things necessary and proper for the completion of
10 the Project;
11 c. CITY shall be solely responsible for the
12 maintenance, repair, administration and operation
13 of the Project including the entire traffic
14 control signal system and appurtenances at said
15 intersection;
16 SECTION 3. Subject to Section 4 COMPANY shall
17 indemnify and hold harmless CITY and its agents and .employees
18 from and against one-half of the amount of all claims, damages,
19 losses and expenses including attorney's fees and costs arising
20 out of or resulting from the construction, maintenance, repair,
21 administration and operation of the Project, except to the extent
22 that any such claim, damage loss or expense is not caused in
23 whole or in part by a negligent act or omission CITY, its
24 employees, agents or anyone for whose acts CITY may be liable or
25 as a result of the failure or refusal of CITY, for any reason, to
26 perform its duties under this Agreement.
27 SECTION 4: In case of damage to the signal CITY shall
28 use all reasonable means available to it to collect from third
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1 parties for the entire cost of repair and reconstruction, and any
2 other damage sustained, and the obligation of COMPANY and its
3 successors under this Agreement shall be limited to reimbursement
4 to CITY for 33.30 of the unrecovered costs and expenses. CITY
5 will answer and respond to any complaint for damages, and will
6 defend against any claims, suits or actions related to, arising
~ from, or in any way connected with the subject intersection
$ and/or the operation, or failure in operation, of the traffic
9 signal devices and appurtenant equipment at the subject
10 intersection.
11 SECTION 5: COMPANY hereby agrees to pay, within twenty
12 (20) days after receipt thereof, any and all bills and invoices
13 sent by the CITY pursuant to this Agreement. Bills which are not
14 paid within twenty (20) days after date received shall thereafter.
15 bear interest at an annual interest rate compounded monthly equal
16 to the lesser of the following amounts: a) two percent (20) plus
17 the applicable first of the month reference rate of the Bank of
1$ America N.T. & S.A. San Francisco, California, or its
19 successor, corresponding to the period during which the payment
20 is overdue or, b) the maximum interest rate permitted by law.
21 SECTION 6: CITY shall have the right, upon providing
22 six (6) months written notice, to terminate this Agreement,
23 remove the signals and exercise all lawful police powers in
24 connection with the intersection and access to said street and
25 driveways at said location. COMPANY shall pay 33.3% of the
26 removal costs of said signal, and shall receive 33.30 of the
27 salvage value for any appurtenances removed by the CITY or its
2$ contractor.
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1 SECTION 7: CITY will not unreasonably withhold its
2 written consent of Company's assignment of all obligations and
3 liabilities referred to in this Agreement to any entity or person
4 acquiring a fee interest in .the COMPANY's property..
5 SECTION 8: Any notices, demands or other
6 communications required or desired to be given or made under the
terms of this Agreement shall be in writing and personally
g served, or served by United States Mail with postage thereon
9 fully prepaid and addressed as follows:
10 CITY
11 City Administrator/City Clerk
City of Vernon
12 4305 Santa Fe Avenue
Vernon, CA 90058-0805
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14 COMPANY
15 FOUR M MANUFACTURING GROUP OF CALIFORNIA, INC.
115 Stevens Avenue
16 Valhalla, New York 10595-1252
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Any notice, demand or other communication shall be
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deemed given or made on the day personally served, or, if service
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is by mail, three (3) days following the date such notice was
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deposited in the United States mail with postage thereon fully
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prepaid.
22 SECTION 9. This Agreement may be executed in
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counterparts, each of which so executed shall be deemed an
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orginal irrespective of the date-of the execution, and said
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counterparts, together shall constitute one and the same
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agreement.
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1 CITY OF VERNON
2 By ;"`sue 'rt~~.
3 L ~ONIS C. MALB~ RG, May r
4 ATTEST:
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BRUCE V. MALKENHORST, City Clerk
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7 APPROVED AS TO FORM:
8 By;
DAVID B. BREARLEY, CITY ATT NEY
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FOUR M MANUFACTURING GROUP OF
12 CALIFORNIA, INC.
13 DBA: X USA GROU INC.
14 B ~ ~
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NOT TO 5Ca L E: - _ _ _ -
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PROJECT DESCRIPTION
The construction shall include all necessary ,
appurtenances fora new traffic signal at SITE, the new COMPANY
access at the-3030 Atlantic Boulevard driveway, including but not
limited to poles., signals, controller cabinet, pedestrian signals
and any required restrping. Said signal shall have protected
left turn from Atlantic Boulevard into the driveway. The signal
and striping shall be constructed as directed by the Director of
Community-Services.
EXHIBIT "B"
CITY COUNCIL DAVID B. BREARLEY
City Attorney
LEONIS C. MALBURG FAX: (626) 330-5818
Mayor
KEVIN WILSON
THOMAS A. YBARRA Director of Community Services & Water
Mayor Pro-Tem FAX: (323) 588-2761
Wm. "BILL" DAVIS KENNETH J. DeDARIO
Councilman Director of Municipal Utilities
H. "LARRY" GONZALES FAX: (323) 583-1983
Councilman
DAVE TELFORD
W. MICHAEL McCORMICK Fire Chief
Councilman FAX: (323) 581-1385
CITY HALL BRUCE W. OLSON
BRUCE V. MALKENHORST 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
City Administrator /City Clerk Police Chief
FAX (323) 581-7924 TELEPHONE (323) 583-8811 FAX: (323) 583-5236
November 4, 1998 `
Mr. Harvey L. Friedman
BOX GROUP USA, INC.
115 Stevens Avenue ,
Valhalla, NY 10595-1252
Re: Traffic Signal Construction and Maintenance Agreement
Dear Mr. Friedman:
Enclosed herewith is a duplicate original of the above referenced
Agreement, which was approved by the City Council of the City of
Vernon on July 1, 1997 by Resolution No. 6985. Upon review of
our files, I noticed that this office had inadvertently forgot to
send you the fully executed copy for your files and I apologize
for that.
An original has been retained by this office. If you have any
questions regarding this matter, please give Mr. Kevin Wilson,
our Director of Community Services and Wat/jer, a call at Ext. 245.
Very ~ly yours,
~
is J. Or.~
Chief Deput City Clerk
GJO:rcw
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CITY COUNCIL ~ DAVID B. BREARLEY
LEONIS C. MALBURG C`1 City Attorney
C`1 ~ FAX: (818) 330-5818
Mayor ~ ~ ~
THOMAS A. YBARRA „ KEVIN WILSON
Mayor Pro-Tem d1 ' " Director of Community Services & Water
~ PAX: (213) 588-2761
Wm. "BILL" DAMS iii. /
Councilman / KENNETH J. DeDARIO
Director of Light & Power
H. "LARRY" GONZALES FAX: (213) 583-1983
Councilman
W. MICHAEL McCORMICK DAVE TELFORD
Councilman Fire Chief
FAX: (213) 581-1385
BRUCE V. MALKENHORST CITY HALL LOUIS RosENKRANTZ
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
FAX: (213) 581-7924 TELEPHONE (213).583-8811 FAX: (213) 581-1178
June 24, 1997
City Council
City of Vernon
Honorable Members:
Transmitted herewith is a Traffic Signal Construction and Maintenance
Agreement with-Four M Manufacturing Group. of California, Inc. DBA Box
USA Group, Inc. providing for the construction of traffic signals at
3030 Atlantic Boulevard.
Four M will pay 100 percent of the signal construction costs. Upon
completion, the signal devices shall become the property of the City.
with Four M paying 33.3 percent of the signal maintenance.
The agreement has been reviewed by the Director of Community Services
and the City Attorney, and it is hereby recommended that said
agreement be approved and executed.
Very truly yours,
i~~~
Bruce V. Malkenhorst
City Clerk
GJO/hr
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June 24, 1997
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson, Director of Community Services
& Water
SUBJECT: TRAFFIC SIGNAL CONSTRUCTION AND MAINTENANCE AGREEMENT
Herewith for your consideration is an Agreement with Four M
Manufacturing Group of California, Inc. dba Box USA Group, Inc.
Four.M will pay 100% of the,cost of the construction of traffic
signals at 3030 Atlantic Boulevard. Upon completion, the signal
devices shall become the property of the City with Four M paying
33.3% of the signal maintenance.
It is recommended that the Agreement be approved by the City
Council and the Mayor and. City Clerk be authorized to execute the
document. The City Attorney has reviewed the Agreement and will
be preparing the resolution.
/ps
Attachment
cc: City Attorney