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Resolution No. 76751 RESOLUTION NO. 7675 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF 4 ENCROACHMENT LICENSE AGREEMENT NO. 395 BY AND 5 BETWEEN THE CITY OF VERNON AND SOCO-LYNCH CORPORATION 6 7 WHEREAS, Soco-Lynch Corporation ("Soco-Lynch") has filed an 8 application for an encroachment license agreement pursuant to Vernon 9 City Code Section 22,166 to install, maintain, operate, and repair two 10 monitoring wells in the City of Vernon, one located on the southwest 11 corner of 26th Street and the frontage road approximately sixty feet 12 south of the centerline of 26th Street and the other one located 13 approximately fifteen feet north of the centerline of 26th Street ("the 14 Encroachment"); and 15 WHEREAS, the City Council is authorized to issue an 16 encroachment license pursuant to Chapter 22, Article VI, Encroachments, 17 of the Code of the City of Vernon which license shall be valid for a 18 period of twenty-five (25) years unless otherwise stated; and 19 WHEREAS, the City Council adopted Resolution No. 5088 on 20 February 21, 1984, authorizing fees for encroachment licenses; and 21 WHEREAS, Soco-Lynch has provided proof of the required 22 insurance, and has paid the issuance fee of $1,250.00 and the first 23 annual renewal fee of $196.53; and 24 WHEREAS, the City Administrator/City Clerk has recommended 25 approval of Encroachment License Agreement No. 395 to allow Soco-Lynch 26 to install, maintain, operate and repair the Encroachment for a period 27 of twenty-five (25) years, subject to the terms and conditions of the 28 aforesaid Article VI of Chapter 22 of the Code of the City of Vernon. 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 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The. City Council of the City of Vernon hereby approves the Encroachment License Agreement No. 395, a copy of which is attached hereto as Exhibit "A" and made a part hereof. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Agreement for, and on behalf of, the City of Vernon. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send one fully executed Agreement to: Soco-Lynch Corporation Attn: Anthony J. Gerace, President 10747 Patterson Place Santa Fe Springs, CA 90670 SECTION 5-: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 19th day of December, 2000. ATTEST: BRUCE V. MALKENHORST, City Clerk (LEONIS C. MALt RG, May - 2 - 1 2 3 4 5 6 7 8I 9I' 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. 7675, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, December 19, 2000, and thereafter was duly signed by the Mayor of the City of Vernon. v BRUCE V. MALKENHORST, City Clerk - 3 - EXHIBIT 0 ■© ENCROACHMENT LICENSE AGREEMENT NO. 395 THE CITY OF VERNON, a Municipal Corporation of the State of California, as Licensor (hereinafter referred to as "the City") and Soco-Lynch Corporation (hereinafter referred to as "Licensee") do hereby agree as follows: 1. Licensee is the owner of the real property located at,3270 E. Washington Boulevard in the City of Vernon, County Df Los Angeles, State of California. Initial environmental assessment and investigation by the Regional Water Quality I ,entral Board has indicated that former activities at this Site have -resulted in high levels of soil and groundwater 13 contamination from a range of chemicals. 14 21. Licensor has all requisite power of authority to 15 enter into this Encroachment License Agreement. Subject to 16 the right of the City to terminate this license for reasonable 17 cause, as defined below, the City hereby grants to Licensee a 18 license to install, use and maintain two monitoring wells, one 19 located on the southwest corner of 26th Street and the frontage -- road approximately sixty feet (60') south of the centerline of 21 2 6th Street, City of Vernon, as shown in more detail on 22 23 1 engineer's drawing marked Exhibit "A" attached and made a part 24 hereof as though fully set forth herein. The other monitoring well is located approximately fifteen feet (151) north of the centerline of 26 th Street, City of Vernon, as shown in more detail on engineer's drawing marked Exhibit "BIT attached and made a part hereof as though fully set forth 15 16 17 18 191 2411 25 27113 28 II herein. 3. 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 of said article and the additional conditions hereinafter contained. 4. 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-six Dollars and Fifty-three Cents ($196.53) on or before the anniversary of the date of this License Agreement. This annual renewal fee shall be revised in accordance with the changes in the Consumer Price Index for All Urban Consumers (CPI-U), All Items Indexes, Los Angeles- Anaheim- Riverside (1982-84=100) (hereinafter "Index") published by the United States Department of Labor, Bureau of Labor Statistics. In t- h4m An -Tr,= 4- - - 4 -3 r- I - __ - - - . . 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 Eraction, the numerator of which is the Index for the current anniversary date and the denominator of which is the Index for --he twelve-month period ending March 31, 2000. There shall be io reduction in fees by operation of this provision. 2 3 4 6 7 8 9 1711 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 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. 5. Licensee, or its designated agent, 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: 15 (1) A standard certificate of insurance. 19 (2) An endorsement naming the City, its officers, 20 ' and employees as insureds under this policy. 21 (3) An endorsement providing the City thirty (30) 22 days notice of cancellation or material reduction of 23 coverage. 25 (4) A notarized letter from the underwriter or 26 carrier certifying I that the coverage and statements in the 27 standard certificate of insurance (attached thereto) are true 28 1 and correct and that the signator is an officer authorized to 3 M . 11 4 4 5 7 8 9 101 11 1411 16 17 18 191 2111 24 26 27 28 so certify. 6. Licensee shall obtain a Vernon Health Department Well Permit prior to the construction and/or destruction of these monitoring wells in accordance with the Code of the City of Vernon, Chapter 25, Article II. Licensee shall maintain (constructed wells so as to prevent the intrusion of rainwater or other material from entering the wells. 7. Licensee shall maintain the City property in first class condition to the satisfaction of the City of Vernon, and Licensee shall not construct any structure without having received a permit therefore from the City of Vernon. Upon completion of the activities to be performed under the license, licensee shall return the City property to the condition it was 'in at the time of the execution of this license. 8. In the event that Licensee fails to utilize the City property covered by this license for a consecutive period of six (6) months during any period of time the City Council of the City of Vernon shall have the right, at its sole discretion, to declare this license terminated. 9. Licensee shall not sell, transfer, assign or lease this license, or any part hereof, or any of the rights or Drivileges granted hereby. Licensee may not assian its rllli-in� aereunder, and may not assign its rights hereunder to a public -itility. 10. In the event Licensee fails to keep, fulfill or 4 1 2 3 4 5 6 7 8 9 10 it 12 14 15 16 17 18 2111 25 26 27 28 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 City property under this license. 11. 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. 12. 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 iiscretion may decide. Abandonment shall be subject to necessary safety precautions and conditions. This provision 5 may be suspended by the City at its sole discretion during such period as Licensee may be negotiating with the City for renewal of this license. If Licensee is directed to remove the encroachment facilities, City shall have the right to remove them at Licensee's sole expense. 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 10 property happening or occurring as a proximate result of the 11 encroachment or the installation and construction thereof. 121 1 14. Any notice, communication, request, instruction or 13 other document required or permitted hereunder shall be in 14 writing and deemed given when hand -delivered or sent by 15, confirmed facsimile or U.S. mail service during the business 16 hours of 8:00 a.m. to 5:30 p.m. Monday through Thursday, to 17 18 21 22 24 25 26 .41 017 28 the following: CITY: CITY OF VERNON ATTN: CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CA 90058-0805 FAX: (323)581-7924 LICENSEE: SOCO-LYNCH CORPORATION ATTN: ANTHONY J. GERACE 10747 PATTERSON PLACE SANTA FE SPRINGS, CALIFORNIA 90670 0 2 3 9 5 6 7 8 9 10 12 is 14 2411 EXECUTED IN DUPLICATE this day of 2000. CITY OF VERNON A Municipal Corporation By LEONIS C. MALBURG, Mayor ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: EDUARDO OLIVO, City Attorney Soco-Lynch Corporation Licensee n *Note: Please type or print names below signatures. Signatures shall be Notarized vh 7 91 9 is 11 12 13 14 15 16 17 18 19 20 21 221 24 25 26 27 281 On October 12, 2000 before me, Carol F. Manwiller Personally appeared Anthony. n,,,;nony 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. Witn_90 my ha On personally a; icial seal Card F. Manwiller, Notary Public Ontelaunee T%vp., Soft County My Commission F-xphvs May 31,2001 iftsoca-&'!Gnofl"'V� -*;,s C V ArAtl -RAeVEL9- p4p-rs known to me (or proved to me on the basis of satisfactory evidence) to be the person(F) whose name(s) isles -subscribed to the within instrument and acknowledged to me that he/sha-�- executed the same in his/h-et:. authorized capacity(i-es), and that by his/her/ti—, signaturete-) on the instrument the person(o), or the entity upon behalf of which the personas) acted, executed the instrument. Witness my hand and official seal - - — a - - I CATHY AM &&jKa COMMISslon 0 1 173M N0kXy PLOIC - Cdmwrft MY UX Angeles COUrdy -\My Documents\AGREEMENTS\SOCOLYNCH.doc 1:1 Ete-'14-2060 THU 02: 58 PM EDUADO OLIVO 08/10/00 08:07 'T'13 SSS 2761 - FAX N0. 1 V8RWN COW.SVS -.. 6b OY.IV4 P. 09 ka ,w.- �EE;14. 20oo THU 02 58 P_11 EDUARDO OL i VO o�>losoo oa:o� FAX NO. 1 '$`Y13 588 - 2781 .. VERNON Ceinr _ rv� P..10 ■® m X T vommo =. Y OD Y V