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Resolution No. 73041 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 RESOLUTION NO. 7304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF ENCROACHMENT LICENSE AGREEMENT NO. 386 BY AND BETWEEN THE CITY OF VERNON AND OWENS-BROCKWAY GLASS CONTAINER, INC. AND RESCINDING ENCROACHMENT LICENSE AGREEMENT NO. 372 WHEREAS, Owens -Brockway Glass Container, Inc. has maintained a conveyor tunnel bridge with two signs, one on each side, across Fruitland Avenue east of Soto Street, pursuant to Encroachment License Agreement No. 372, and has filed an application for a new encroachment license agreement in light of seismic safety improvements made to the existing structure; and WHEREAS, the City Council is authorized to issue an encroachment license, pursuant to Chapter 22, Article VI, Encroachments, of the Code the City of Vernon, which license shall be valid for a period of twenty-five (25) years unless otherwise stated; and WHEREAS, the City Council adopted Resolution No. 5088 on February 21, 1984, authorizing fees for encroachment licenses; and WHEREAS, the Director of Community Services and Water has recommended approval of Encroachment License Agreement I No. 386; and WHEREAS, it is the intent of the City Council that IEncroachment License Agreement No. 386 shall supersede Encroachment License Agreement No. 372, and thus provision is made in Encroachment License Agreement No. 386 for the rescission of Encroachment License Agreement No. 372, which the City Council believes is in the best interests of the City of Vernon. 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 2 THE CITY OF VERNON AS FOLLOWS: 3 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 7 hereby approves the Encroachment License Agreement No. 386, a copy 8 of which has been presented to the City Council concurrently with 9 this resolution, and the City Council hereby orders said Agreement 10 to be received and filed by the City Clerk. 11 SECTION 3: The City Council specifically acknowledges 12 and approves the rescission of Encroachment License Agreement No. 13 372, as provided in paragraph 12 of Encroachment License Agreement 14 No. 386, it being the intent of the City Council that Encroachment 15 License Agreement No. 386 supersede Encroachment License Agreement 16 No. 372. 17 SECTION 4: The City Clerk of the City of Vernon shall 18 certify to the passage of this resolution, and thereupon and 19 thereafter the same shall be in full force and effect. 20 APPROVED AND ADOPTED this 30th day of March, 1999. 21 22 23 LEONIS C. LBURG- Mayor 24 ATTEST* 25 BRUCE V. MALKENHORST, City Clerk 26 27 28 -2- r. e" 1 STATE OF CALIFORNIA ) 2 ) ss COUNTY OF LOS ANGELES ) 3 I, BRUCE V. MALKENHORST, City Clerk of the City of 4 Vernon, do hereby certify that the foregoing Resolution, being 5 Resolution No. 7304, was duly adopted by the City Council of the 6 City of Vernon at an adjourned regular meeting of the City Council 7 duly held on Tuesday, March 30, 1999, and thereafter was duly 8 signed by the Mayor of the City of Vernon. 9 r 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- SUPPORTING DOCUMENTS OFFICE OF THE CITY ADMINISTRATOR/ CITY CLERK INTER -OFFICE MEMORANDUM DATE: April 13, 1999 TO: Kevin Wilson, Director of Community Services & Water FROM: Gloria J. Orosco, Chief Deputy City Clerk RE: Encroachment License Agreement No. 386 Transmitted herewith is a fully executed duplicate original of the above referenced Encroachment License along with a copy for your files which was approved by City Council on March 30, 1999 through Please forward this document to the concerned parties at Owens - Brockway Glass Container. OFFICE OF THE CITY ADMINISTRATOR/ CITY CLERK INTER -OFFICE MEMORANDUM DATE: April 13, 1999 TO: Martha Valenzuela, Office Manager/Finance FROM: Gloria J. Orosco, Chief Deputy City Clerk RE: Encroachment License Agreement No. 386 Transmitted herewith is a copy of the above referenced agreement which was approved by City Council on March 30, 1999 through Please note that pursuant to Section 3, the issuance fee and the first annual renewal fee have already been paid. It is also important to note that Section 3 calls for an adjustment to the annual renewal fee in accordance with changes to the CPI and how you are to calculate such an increase on an annual basis. cc: Kevin Wilson i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Z 2-4 24 2! 2( 2 21 ENCROACHMENT LICENSE AGREEMENT NO. 386 THE CITY OF VERNON, a municipal corporation of the State of California, as Licensor (hereinafter referred to as "City") and Owens -Brockway Glass Container, Inc. (hereinafter referred to as "Licensee") do hereby agree as follows: 1. City hereby grants to Licensee a license, for a term of twenty-five (25) years from and after the date hereof, to maintain and operate one conveyor tunnel bridge with two signs, one on each side, and two catch brackets along with crash cushion modules, one on each end, whose centerline is above, across and within Fruitland Avenue in the City of Vernon, approximately two hundred ten and seventy-one hundredths (210.71) feet east of the centerline of Soto Street in the City of Vernon, as shown on the engineers' drawings marked Exhibit "A" and Exhibit "B" attached hereto and made a part hereof as though fully set forth herein and described as follows: a. The conveyor bridge facility shall consist of the following elements: (1) Ten electrically operated conveyors for carrying cases of bottle products; (2) One i" air line; and (3) One 3/4" electrical pipe. 2. This license is granted subject to the terms and conditions set forth in the Code of the City of Vernon, Chapter 22, Article VI, and the acceptance hereof shall evidence the Licensee's agreement to all terms and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 2! 2( 21 2f conditions of said article and the additional conditions hereinafter contained. 3. Licensee shall during the life of this License, pay to the City of Vernon, the issuance fee of Three Thousand Dollars ($3,000.00), payable prior to the granting of the license, and the annual renewal fee of Four Hundred Dollars and Seventy-four Cents ($400.74) annually in advance of the day of of each year hereafter during the term of this License Agreement. This annual renewal fee shall be revised in accordance with the changes in the Consumers Price Index published by the United States Department of Labor, Bureau of Labor Statistics for Urban Wage Earners and Clerical Workers - Annual Average - Los Angeles - Anaheim - Riverside Area, California - all items. In the event said Index as of the anniversary date is higher than said Index for the issuance date, the renewal fee shall be increased effective the anniversary date by multiplying said renewal fee by a fraction, the numerator of which is the Index for the current anniversary date and the denominator of which is the Index existing on the issuance date. There shall be no reduction in fees by operation of this provision. If, in the future, said Index shall be changed so that the base year differs from that used as of the date of commencement of the term hereof, it shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. In the event said Index is discontinued or 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 revised during the term of this Agreement, such other governmental Index or computation with which it is replaced shall be used in order to obtain substantially the same result that would be obtained if said present Index had not been discontinued or revised. 4. Licensee shall secure and keep in full force and effect at all times during the term of this license general liability insurance in the amounts determined by the City of Vernon on an annual basis and shall file proof thereof with the City Clerk, which proof shall include the following: (1) A certificate of insurance. (2) An endorsement naming the City of Vernon, its officers, and employees as insureds under this policy. (3) An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. (4) A notarized letter from the underwriter or. carrier certifying that the coverage and statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so certify. 5. Licensee shall maintain said conveyor bridge, signs and two catch brackets along with crash cushion modules, in first class condition to the satisfaction of the City of Vernon and Licensee shall not construct any encroachment pursuant to this license without having received a permit therefor from the City of Vernon. 6. In the event that Licensee shall fail to utilize 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 the conveyor bridge, signs and two catch brackets along with crash cushion modules covered by this license for a consecutive period of six (6) months during any period of time after it has been placed in operation, the City Council of the City of Vernon shall have the right, at its sole discretion, to declare this license terminated. 7. Licensee shall not sell, transfer, assign or lease this license, or any part hereof, or any of the rights or privileges granted hereby. Licensee may not assign its duties hereunder, and may not assign its rights hereunder to a public utility. 8. No advertisements shall be posted on the signs. Postings shall be limited to public service messages only. The City of Vernon shall have final approval of all postings. 9. In the event Licensee shall fail to keep, fulfill or perform any of the terms or conditions of this license and shall fail to remedy such default within thirty (30) days after written notice from the City, the City may declare this license terminated. Upon such a declaration of termination this license shall be canceled and all of the rights and privileges of Licensee under this license shall be surrendered, and the City may thereafter exclude Licensee from further use of the street area under this license. 10. Licensee shall promptly repair at its own cost and expense, to the satisfaction of the City of Vernon, any damage caused to any street, alley or other public property in the City of Vernon by the facilities constructed, 4 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 maintained or operated under this license; and if Licensee shall fail to comply with any instructions of the City relative thereto within ten (10) days after the service of written notice upon Licensee requiring compliance therewith, then the City may immediately do whatever work is necessary to carry out said instructions at the cost and expense of said Licensee, which costs by the acceptance of this license, said Licensee agrees to pay upon demand. 11. In the event of the termination of this license for any cause, Licensee shall at its own cost and expense, upon City's request, remove the encroachment facilities. This provision may be suspended by the City of Vernon at its sole discretion during such period as Licensee may be negotiating with the City of Vernon for renewal of this license. If Licensee fails to remove the encroachment facilities, City shall have the right to remove them at Licensor's sole expense. 12. City and Licensee agree this license shall supercede Encroachment License Agreement No. 372. Said Encroachment License Agreement No. 372 shall be deemed rescinded upon approval and execution of this license by City and Licensee. 5 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 13. Licensee shall preserve and save harmless the City and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of the encroachment or the construction thereof. EXECUTED IN DUPLICATE this / day oft/`/'l , 199`.- CITY OF VERNON A Municipal Corporation S C. MALBURG, Maydr ATTEST• BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: DAVID B. BREARLEY, City Attorney OWENS-BROCKWAY GLASS CONTAINER, INC. L' nsee By ` James W.p3aehren T ' e �/ t C_t By ia� �3© R n H. Haywood Title Ss�s� �i Ss c Qc'y1�Y *Note: Please type name below signature Signatures shall be Notarized R J On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal State of Ohio - County of Lucas On October 13, 1998 personally.appeare Haywood, Assistant Sei be f ore me, a Notary Public James W. Baehren, Vice Presi Inc., a Delaware corporation personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal 47 L2 3d TON N*Wy h sute of 0M* W Ccoe =bdon 593ms 6-15-20M 7 TO 54AN ST. � Ql- I AdPROX.' j� EXHI, OW T , Pl- JJI T- 60' SIGN ........... SUPPOR BRACKET TD 50TH sr. 210.71' OF CONVEYOR TUNNEL BRICDE SIvN V d` 0 �� u a N X: 0 S f) N s s X �a = z *n m N rn O r= In o a N r tl�