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Resolution No. 7514l 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. 7514 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF ENCROACHMENT LICENSE AGREEMENT NO. 391 BY AND BETWEEN THE CITY OF VERNON AND 0. E. CLARK PAPER BOX COMPANY WHEREAS, 0. E. Clark Paper Box Company (110. E. Clark") has filed an application for an encroachment license agreement pursuant to Vernon City Code Section 22.66 to install, maintain, operate, repair and replace a communications cable over Leonis Boulevard crossing at approximately 251.89 east of the centerline of Seville Avenue, City of Vernon ("the Encroachment"); and WHEREAS, the City Council is authorized to issue an encroachment license pursuant to Chapter 22, Article VI, Encroachments, of the Code of 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, 0. E. Clark has provided proof of the required insurance, and has paid the issuance fee of $1,250.00 and the first annual renewal fee of $194.52; and WHEREAS, the Director of Community Services and Water has recommended approval of Encroachment License Agreement No. 391 to allow 0. E. Clark to install, maintain, operate, repair and replace the Encroachment for a period of twenty-five (25) years, subject to the terms and conditions of the aforesaid Article VI of Chapter 22 of the Code of the City of Vernon. 1 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 2 OF VERNON AS FOLLOWS: 3 SECTION 1: The City Council of the City of Vernon hereby 4 finds and determines that the recitals contained hereinabove are true 5 and correct. 6 SECTION 2: The City Council of the City of Vernon hereby 7 approves the Encroachment License Agreement No. 391, a copy of which hasl 8 been presented to the City Council concurrently with this resolution, and 9 the City Council hereby orders said Agreement to be received and filed by 10 the City Clerk. 11 SECTION -a: The City Council of the City of Vernon hereby 12 authorizes the Mayor and the City Clerk to execute said Agreement for, 13 and on behalf of, the City of Vernon. 14 SECTION 4: The City Clerk of the City of Vernon shall certify 15 to the passage of this resolution, and thereupon and thereafter the 16 same shall be in full force and effect. 17 APPROVED AND ADOPTED this 41h day of April, 2000. 18 19�u 20 LEONIS C. MALB RG, Ma or ATTEST: 21 22 BRUCE V. MALKENHORST, City Clerk 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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. 7514, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, April 4, 2000, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 3 - FULLY EXECUTED AGREEMENT 1 ENCROACHMENT LICENSE AGREEMENT NO. 391 2 THE CITY OF VERNON, a Municipal Corporation of the 3 State of California, as Licensor (hereinafter referred to as 4 "the City") and O.E. Clark Paper Box Company (hereinafter 5 referred to as "Licensee") do hereby agree as follows : 6 1 . Licensee is the owner of certain real property 7 located at 2716 Leonis Boulevard in the City of Vernon, 8 County of Los Angeles, State of California. The City is the 9 owner of certain real property located at 2716 Leonis 10 11 Boulevard, commonly known as "Leonis Boulevard." The City 12 has all requisite power of authority to enter into this 13 Encroachment License Agreement. Subject to the right of the 14 City to terminate this license for reasonable cause, as 15 defined below, the City hereby grants to Licensee a license 16 to install, use and maintain a communications cable over 17 Leonis Boulevard crossing at approximately 251 . 89 east of 18 the centerline of Seville Avenue, City of Vernon, as shown 19 in more detail on engineer' s drawing marked Exhibit "A" 20 attached and made a part hereof as though fully set forth 21 herein. This communications cable will run between two 22 buildings owned by Licensee and will be used for internal 23 communications only. 24 2 . This license is granted subject to the terms and 25 conditions set forth in the Code of the City of Vernon, 26 27 Chapter 22, Article VI, and the acceptance hereof shall 28 evidence the Licensee' s agreement to all terms and • 1 conditions of said article and the additional conditions 2 hereinafter contained. 3 3 . Licensee shall during the life of this license, 4 pay to the City of Vernon the issuance fee of One Thousand 5 Two Hundred and Fifty Dollars ($1, 250 . 00) , payable prior to 6 the granting of the license and the annual renewal fee of 7 One Hundred Ninety-four Dollars and Fifty-two Cents 8 ($194 .52) in advance of the -7 day of of 9 each year hereafter during the term of this License 10 11 Agreement . 12 This annual renewal fee shall be revised in accordance 13 with the changes in the Consumers Price Index published by 14 the United States Department of Labor, Bureau of Labor 15 Statistics for Urban Wage Earners and Clerical Workers- 16 Annual Average - Los Angeles - Anaheim - Riverside Area, 17 California - all items . In the event said Index as of the 18 anniversary date is higher than said Index for the issuance 19 date, the renewal fee shall be increased effective the 20 anniversary date by multiplying said renewal fee by a 21 fraction, the numerator of which is the Index for the 22 current anniversary date and denominator of which is the 23 Index existing on the issuance date. There shall be no 24 reduction in fees by operation of this provision. 25 If, in the future, said Index shall be changed so that 26 the base year differs from that used as of the date of 27 28 commencement of the term hereof, it shall be converted in 1 accordance with the conversion factor published by the 2 United States Department of Labor, Bureau of Labor 3 Statistics . In the event said Index is discontinued or 4 revised during the term of this Agreement, such other 5 governmental Index or computation with which it is replaced, 6 shall be used in order to obtain substantially the same 7 result that would be obtained if said present Index had not 8 been discontinued or revised. 9 4 . Licensee shall secure and keep in full force and 10 11 effect at all times during the term of this license, general 12 liability insurance in the amounts determined by the City of 13 Vernon on an annual basis and shall file proof thereof with 14 the City Clerk, which proof shall include the following: 15 (1) A standard certificate of insurance. 16 (2) An endorsement naming the City of Vernon, its 17 officers, and employees as insureds under 18 this policy. 19 (3) An endorsement providing the City of Vernon 20 thirty (30) days notice of cancellation or 21 material reduction of coverage. 22 (4 ) A notarized letter from the underwriter or 23 carrier certifying that the coverage and 24 statements in the standard certificate of 25 insurance (attached thereto) are true and 26 correct and that the signator is an officer 27 28 authorized to so certify. 3 1 5 . Licensee shall maintain said communications cable 2 in first class condition to the satisfaction of the City of 3 Vernon, and Licensee shall not install any cable and 4 appurtenances thereto or construct any structure without 5 having received a permit therefore from the City of Vernon. 6 6. In the event that Licensee fails to utilize the 7 communications cable covered by this license for a 8 consecutive period of six (6) months during any period of 9 time after it has been placed in operation, the City Council 10 11 of the City of Vernon shall have the right, at its sole 12 discretion, to declare this license terminated. 13 7 . Licensee shall not sell, transfer, assign or lease 14 this license, or any part hereof, or any of the rights or 15 privileges granted hereby. Licensee may not assign its 16 duties hereunder, and may not assign its rights hereunder to 17 a public utility. 18 8 . In the event Licensee fails to keep, fulfill or 19 perform any of the terms or conditions of this license and 20 fails to remedy such default within thirty (30) days after 21 written notice of default from the City, the City may 22 declare this license terminated. Upon such a declaration of 23 termination by the City, this license shall be cancelled and 24 all of the rights and privileges of Licensee under this 25 license shall be surrendered. The City may thereafter 26 27 exclude Licensee from further use of the street under this 28 license. 4 1 9. Licensee shall promptly repair at its own cost and 2 expense, to the reasonable satisfaction of the City of 3 Vernon, any damage caused to any street, alley or other 4 public property in the City of Vernon by the facilities 5 installed, constructed, maintained, or operated under this 6 license, and if Licensee fails to comply with any 7 instructions of the City relative thereto within ten (10) 8 days after the service of written notice upon Licensee 9 requiring compliance therewith, then the City may 10 immediately do whatever work is necessary to carry out said 11 12 instructions at the reasonable cost and expense of said 13 Licensee, which costs by the acceptance of this license, 14 said Licensee agrees to pay upon demand. 15 10 . In the event of the termination of this license, 16 Licensee shall at its own cost and expense, remove or 17 abandon the encroachment facilities as the City in its 18 reasonable discretion may decide. Abandonment shall be 19 subject to necessary safety precautions and conditions . 20 This provision may be suspended by the City of Vernon at its 21 sole discretion during such period as Licensee may be 22 negotiating with the City of Vernon for renewal of this 23 license. If Licensee is directed to remove the encroachment 24 facilities and fails to do so, City shall have the right to 25 remove them at Licensee ' s sole expense. 26 27 11 . Licensee shall preserve and save harmless the City 28 and each officer and employee thereof from any liability or 5 1 responsibility for any accident, loss or damage to persons 2 or property happening or occurring as a proximate result of 3 the encroachment or the installation and construction 4 thereof. 5 12 . Any notice, communication, request, instruction or 6 other document required or permitted hereunder shall be in 7 writing and deemed given when hand-delivered or sent by 8 confirmed facsimile or U.S . mail service during the business 9 hours of 8 : 00 a.m. to 5 :30 p.m. Monday through Thursday, to 10 11 the following: 12 CITY: CITY OF VERNON ATTN: CITY ADMINISTRATOR 13 4305 SANTA FE AVENUE VERNON, CA 90058-0805 14 FAX: (323) 581-7924 15 LICENSEE: O.E. CLARK PAPER BOX COMPANY 16 ATTN: OLIVER E. CLARK 2716 LEONIS BOULEVARD 17 VERNON, CA 90058 FAX: (323) 589-5940 18 19 20 21 22 23 24 25 /// 26 /// 27 /// 28 6 1 EXECUTED IN DUPLICATE this /ad ay of 1 , 2000 . 2 CITY OF VERNON A Municipal Corporation 3 4 5 - LE NIS C. MALBURC Mayor' s ATTEST: 7 8 BRUCE V. MALKENHORST, City Clerk 9 APPROVED AS TO FORM: 10 GL��c ,c 11 EDUARDO OLIVO, City torney 12 13 O.E. CLARK PAPER BOX COMPANY Licensee 14 By . �� re.) -&�Ou� 15 Type or print name Q,' 1 v FA2 E 4:372 16 17 Title �J 18 By 19 20 Type or print name 7G/cit AJ C L ►4 l — 21 Title See , 22 *Note: Please type or print names below 23 signatures . Signatures shall be Notarized 24 25 26 /// 27 /// 28 /// I . fi I. On ! :C / before me, � E � � per pally appeared :0c,1--Li D �l? ,77, • 2 L v C 4, 3 personally known to me (or proved to me on the basis of 4 satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged 5 to me that he/she/they executed the same in his/her/their authorized capacity (ies) , and that by his/her/their 6 signature (s) on the instrument the person (s) , or the entity upon behalf of which the person (s) acted, executed the 7 instrument . 8 Wittness my hand and official seal 9 l4--(A oanQms,w01 ` Ccinr�lont 1099685 — — — PMCoirdy :4101 wdn6 2000 11 On before me, 12 personally appeared 13 personally known to me (or proved to me on the basis of 14 satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged 15 to me that he/she/they executed the same in his/her/their authorized capacity (ies) , and that by his/her/their 16 signature (s) on the instrument the person (s) , or the entity upon behalf of which the person (s) acted, executed the 17 instrument. 18 Witness my hand and official seal 19 20 • 21 22 23 24 25 26 27 28 8 1 • 2 3 The signatures required of a corporation are as follows : 4 • First Signature - the chairman of the board, the 5 president or any vice president; and 6 • Second Signature - the corporate secretary, any assistant secretary, the chief financial officer 7 or any assistant treasurer. 8 Please type the names of the officers signing beneath their signature lines . All signatures 9 must be notarized. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 • _ . ..• . ... EXHIBIT A ///i 9 9 N - 80.00' N I rn + I I N r, I + Q N 1- / I N I COMMUNICATIONS CABLE MINIMUM HEIGHT=18.00' Ct Q I L> 120 UR Eg I I I V N 7 0 I I J I I I _ _1 .._ _1 L______,D_ _ 0 0 o (NI \I SEVILLE AVENUE Iil11,''' III Mill, IIIIII!i!III, I lIIIIIIII NOT TO SCALE SUPPORTING DOCUMENTS F i s M 1 ENCROACHMENT LICENSE AGREEMENT NO. 391 2 THE CITY OF VERNON, a Municipal Corporation of the 3 State of California, as Licensor (hereinafter referred to as 4 "the City") and O.E. Clark Paper Box Company (hereinafter 5 referred to as "Licensee") do hereby agree as follows: 6 1. Licensee is the owner of certain real property 7 located at 2716 E. Leonis Boulevard in the City of Vernon, 8 County of Los Angeles, State of California. The City is the 9 owner of certain real property located at 2716 E. Leonis 10 11 Boulevard, commonly known as "Leonis Boulevard." The City 12 has all requisite power of authority to enter into this 13 Encroachment License Agreement. Subject to the right of the 14 City to terminate this license for reasonable cause, as 15 defined below, the City hereby grants to Licensee a license 16 to install, use and maintain a communications cable over 17 Leonis Boulevard crossing at approximately 251.89 east of 18 the centerline of Seville Avenue, City of Vernon, as shown 19 in more detail on engineer's drawing marked Exhibit "A" 20 attached and made a part hereof as though fully set forth 21 herein. This communications cable will run between two 22 buildings owned by Licensee and will be used for internal 23 communications only. 24 2. This license is granted subject to the terms and 25 conditions set forth in the Code of the City of Vernon, 26 27 Chapter 22, Article VI, and the acceptance hereof shall 28 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 22 23 24 25 26 27 28 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 One Thousand Two Hundred and Fifty Dollars ($1,250.00), payable prior to the granting of the license and the annual renewal fee of One Hundred Ninety-four Dollars and Fifty-two Cents ($194.52) in advance of the day of each year hereafter during the term of this License Agreement. of 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 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 27 28 laccordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. In the event said Index is discontinued or 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 standard 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. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Z 2s 2i 2E 5. Licensee shall maintain said communications cable in first class condition to the satisfaction of the City of Vernon, And Licensee shall not install any cable and appurtenances thereto or construct any structure without having received a permit therefore from the City of Vernon. 6. In the event that Licensee fails to utilize the communications cable 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. In the event Licensee fails to keep, fulfill or perform any of the terms or conditions of this license and fails to remedy such default within thirty (30) days after written notice of default from the City, the City may declare this license terminated. Upon such a declaration of termination by the City, this license shall be cancelled and all of the rights and privileges of Licensee under this license shall be surrendered. The City may thereafter exclude Licensee from further use of the street under this license. 4 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 Z 26 21 2E 9. Licensee shall promptly repair at its own cost and expense, to the reasonable 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 installed, constructed, maintained, or operated under this license, and if Licensee fails 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 reasonable cost and expense of said Licensee, which costs by the acceptance of this license, said Licensee agrees to pay upon demand. 10. In the event of the termination of this license, Licensee shall at its own cost and expense, remove or abandon the encroachment facilities as the City in its reasonable discretion may decide. Abandonment shall be subject to necessary safety precautions and conditions. 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 is directed to remove the encroachment facilities and fails to do so, City shall have the right to remove them at Licensee's sole expense. 11. Licensee shall preserve and save harmless the City and each officer and employee thereof from any liability or 5 1 2 3 4 5 6 7 8 9 10 11 12 13 141 15 16 17 18 19 20 21 23 24 25 26 27 28 responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of the encroachment or the installation and construction thereof. 12. Any notice, communication, request, instruction or other document required or permitted hereunder shall be in writing and deemed given when hand -delivered or sent by confirmed facsimile or U.S. mail service during the business hours of 8:00 a.m. to 5:30 p.m. Monday through Thursday, to the following: CITY: CITY OF VERNON ATTN: CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CA 90058-0805 FAX: (323)581-7924 LICENSEE: O.E. CLARK PAPER BOX COMPANY ATTN: OLIVER E. CLARK 2716 E. LEONIS BOULEVARD VERNON, CA 90058 FAX: (323)589-5940 6 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 2s 27 2E EXECUTED IN DUPLICATE this day of CITY OF VERNON A Municipal Corporation . 2000. By LEONIS C. MALBURG, Mayor (ATTEST: IBRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: Z-`,t, 't EDUARDO OLIVO, City orney O.E. CLARK PAPER BOX COMPANY Licensee By Type or print name ©x 0—.rv/sefl! 7 Title %✓ez� By Type or print name��+-- Title *Note: Please type or print names below signatures. Signatures shall be Notarized 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 27 28 Jn `�"�tii %� bore me, perspnally appeared n, 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 Cow6ftno iMME W+d PW*-c W=ft &VCM a 9"U V5.ZW 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 A 1 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 21 22 23 25 26 27 28 The signatures required of a corporation are as follows: • First Signature - the chairman of the board, the president or any vice president; and • Second Signature - the corporate secretary, any assistant secretary, the chief financial officer or any assistant treasurer. Please type the names of the officers signing beneath their signature lines. All signatures must be notarized. 9 I I. E X H I B T A 99 ,. 80.00' N I °' + I COMMUNICATIONS CABLE MINIMUM HEIGHT=18.00' , Q I l> I I I m 00 I 1 cn I N Z O , I J I _ I 0 0 N I SEVILLE AVENUE Z NOT TO SCALE