Resolution No. 76801
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RESOLUTION NO. 7680
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
LICENSE AGREEMENT BY AND BETWEEN THE CITY OF VERNON
AND THE UNITED STATES POSTAL SERVICE CONCERNING THE
I-710/ATLANTIC/°BANDINI INTERCHANGE PROJECT
WHEREAS, the City of Vernon is in the process of completing an
Environmental Impact Report and Project Report for the I-710/Atlantic/
Bandini Interchange Project; and
WHEREAS, the California Department of Transportation
("Caltrans") is requiring the inclusion of a Phase II Environmental
Site Assessment on property owned by the United States Postal Service
("USPS") at the intersection of Bandini and Atlantic Boulevards in
order to include costs associated with excavation and potential
remediation of soil in the Project Report; and
WHEREAS, the consultants for the City need access to the USPS
property to conduct soil borings; and
WHEREAS, the City of Vernon and the USPS desire to enter into
a License Agreement to allow the performance of such subsurface soil
investigations; and
WHEREAS, by letter dated December 14, 2000, Bruce V.
Malkenhorst, City Administrator/City Clerk, recommended that a License
Agreement with USPS be approved and executed to expedite the completion
of the Project Report.
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
y
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Icorrect.
SECTION 2: The City Council of the City of Vernon hereby
approves the License Agreement with USPS, 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 transmit two fully executed
originals of the License Agreement to the following:
United States Postal Service
Attn. Kayode F. Kadara, Environmental Programs Manager
Pacific Facilities Service Office
395 Oyster Point Blvd., Suite 225
South San.Francisco, CA 94099-0300
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. MALAURG, Mayor
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1 STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 7680, was duly adopted by the City Council of the City of Vernon at a
7 regular meeting of the City Council duly held on Tuesday, December 19,
8 2000, and thereafter was duly signed by the Mayor of the City of
9 Vernon.
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BRUCE V. MALKENHORST, City Clerk
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13 (SEAL)
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EXHIBIT
VA&
I
►itt?- 7Y
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (Agreement) is made as of November 22, 2000, by and
between the United States Postal Service, hereinafter referred to as "L• licensor", and the
City of Vernon, hereinafter referred to as "Licensee".
1. RECITALS
1.1 Licensor owns certain real property located at the intersection of Randini and
Atlantic Boulevards (APN 6332-002-808), In the City of Vernon, CA.
1.2 The Licensee is in the process of completing an Environmental Impact Report
(EIR) for the 1-710(AtlanticdBandini Interchange project, and desires to perform subsurface
soil Investigations (Work) as part of the EiR, The investigation will provide information for
projecting certain project -related costs,
1.3 The parties desire to enter into this Agreement to allow Licensee to perform
the Work,
2. AGREEMENT
in consideration of the above and the mutual covenants and agreements herein, the parties
agree as follows,
2.1 Licensor hereby grants Licensee or its representatives permi$sionto enter
onto the Property for the purpose of performing the Work. The Work shall be performed in
accordance with all applicable state and federal laws and regulations.
2,2 Licensee will obtain and pay for permits and all fees as required by local,
stage, and federal governments for the entire time that the Work is performed. Licensee
shall not permit liens to stand against the Property for the work done or materials furnished
to Licensee, and Licensee shall indemnify, defend and save Licensor harmless from any
such liens for the work performed under this Agreement.
2.3 Licensee shall take all precautions necessary to prevent damage to the
premises from all work.
2.4 Licensee shall Indemnify, defend, and save Licensor harmless from all
liability, damage, expense, causes of action, demands, losses, suits, claims, and/or
judgments, Including reasonable attomeys fees, relating to Injuries to persons or damage to
the Property or any appurtenances, improvements, or equipment on the Property or on
adjoining property, including streets and sidewalks, which arise out of any action or
omission of Licensee while on the Property pursuant to the Agreement or the exercise by
Licensee of the Agreement.
2.5 Licensee shall give Licensor five (6) working days advance notice of the
expected date and time of each entry onto the premises. Notices of proposed entry on the
premises shall be provided in writing or by telephone to:
Mr, Luis Grunauer
District Environmental Coordinator
7001 S, Central Avenue, Rm, 370
Los Angeles, CA 90052-9341
Telephone #: 323/586-1374
Mr, John Waulhopter
Parsons Corporation
Construction Office, Atiantic/Bandini
323/260-7885
2.6 Licensee shall use its best efforts to conduct the Work so as not to interfere
with Licensoe's use, and occupation of the Property, While Licensee's represdrttatives and
employees are on the premises they shall comply with all safety and other I applicable
requirements Including all applicable OSHA requirements. Licensor, its employees, invitees
and ,authorized representatives shall not unreasonably Interfere or tamper with the
Licensee's Work and furthermore, shall exercise reasonable care with regard to the
Licensee's performance of the work,
2.7 This Agreement is for a term of thirty ,(30) days expiring at 111:59 p.m.,
December 22, 2000, unless terminated earlier by licensor. Licensor reseNes the right to
terminate this Agreement, either for cause or without cause, by setvice of ta N'otice of
Termination sent Certified Mail to Licensee at the address shown below. Any termination of
this Agreement by Licensor shall not terminate Wcensee's covenant to indemnify nor its
covenant to restore the premises. This Agreement shall only be assigned;upon the prior
written consent of Licensor. Furthermore, this Agreement shall bind and Inure to the benefit
of successors and assigns of the parties hereto.
2.8 Upon the termination of this Agreement, either by expiration of its term or by
act of Licensor, Licensee agrees to restore the premises to its original condition, following
applicable local, state, and federal regulations, and Industry practices,
2.9 Neither this Agreement nor any of the work In furtherance of it shall constitute
or be interpreted or construed as an admission by Licensor or Licensee of liability or fault
under any federal, state or local law, or for any purpose whatsoever.
2.10 This Agreement merely gives licensee the privilege of the Use of the
premises. Licensee disclaims any right to assign this Agreement or argue that the
Agreement is not revocable at the will of Licensor, or any right to extend the scope of the
license herein given,
r
IN WITNESS WHEREOF, the parties hereto are authorized to and have executed this
Agreement as of the day and year first above written,
UNITED STATES POSTAL SERVICE
Signature:
Navas: DAVTD KL MENT
Title:_ Man ger
Address: Pacific Facilities SwAce Office
395 Oyster Pomt Blvd., Suite 225
South San Francisco, CA 94099-0300
CITY OF VERNON
Signature.
Naive; LEONI S C . MALBURG
at nt)
Title: MAYOR
Address 4 05 SANTA FF. AVF.NTi�
VERNON, CALTFORNIA 90058
+e'Mw. YRW
a
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
January 18, 2001
Mr. David Klement
Pacific Facilities Service Office
395 Oyster Point Blvd., Suite 225
South San Francisco, CA 94099-0300
Re: License Agreement
Dear Mr. Klement:
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
The aforementioned agreement was approved by the Vernon City Council on
December 19, 2000 through Resolution No. 7680.
However, your signature is needed on page 3 and your initials on page 2
section 2.7 which amends the term of the agreement, on both license
agreements. Please forward both executed originals to me. I will then
forward an executed original upon receipt.
Your prompt attention to this matter would be greatly appreciated.
Very truly yours,
loria J. Or sco
Chief Deputy City Clerk
GJO/mt
cc: S. Kevin Wilson, Director of Community Services & Water
} CITY COUNCIL
v
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
City Council
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583--8811
December 14, 2000
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
In regards with the I-710/Atlantic/Bandini Interchange Project,
Caltrans's is now requiring a Phase II Environmental Site Assessment
to the United States Postal Service (USPS) site. This requirement is
in order to include costs associated with excavation and potential
remediation of soil in the Project Report.
USPS has been informed of this situation and they have agreed to grant
the City access provided that we comply with the requirements of their
attached License Agreement. The City Attorney has reviewed the
agreement and it is hereby recommended that Council approve and
execute the agreement. This approval will expedite the completion of
the Project Report.
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/ng
4
0
Ll'1_L-il1_l•J
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson, irector of Community
Services & Water
DATE: December 13, 2000
RE: I-710/ATLANTIC/BANDINI INTERCHANGE PROJECT
We have been working closely with Holmes and Narver to
complete the Project Report (PR) and Environmental Impact Report
(EIR) for the I-710/Atlantic/Bandini Interchange project. Though
the PR & EIR documents are nearly complete, we are continuing to
encounter obstacles which are further delaying their approval. Of
concern at this time is Caltrans' latest requirement to include a
Phase II Environmental Site Assessment of the United States Postal
Service site. Caltrans is requiring this in order to include costs
associated with excavation and potential remediation of soil in the
Project Report.
We would like to begin on the Phase II Environmental Site
Assessment as soon as possible. This requires that our consultants
enter USPS property to conduct soil borings. The United States
Postal Service has been informed, and they have agreed to grant the
City access provided that we comply with the requirements of the
attached License Agreement.
Attached for your review are duplicate originals of the
License Agreement. The City Attorney's office has reviewed and
approved the agreement as to form. It is recommended that the City
Council approve this agreement and authorize the Mayor and City
Clerk to sign as early as possible so that work on the Report may
continue.
SKW:ac
Attachment
cc: City Attorney
B:\Agreement5\I-710\T08=8\Bruce uspostal lic agsmnt.doc
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (Agreement) is made as of November 22, 2000, by and
between the United States Postal Service, hereinafter referred to as "L►censor", and the
City of Vernon, hereinafter referred to as "Llcens®a".
1. RECITALS
1.1 Licensor owns certain real property located at the intersection of Bandini and
Atlantic Boulevards (APN 6332-002-908). In the City of Vernon, CA.
1.2 The Licensee is in the process of completing an Environmental Impact Report
(EIR) for the 10/Atlantic/Bandini Interchange project, and desires to perform subsurface
soil Investigations (Work) as part of the EIR. The investigation will provide information for
projecting certain project -related costs.
4.3 The parties desire to enter into this Agreement to allow LIOWSOe to perform
the Work.
2. AGREEMENT
In consideration of the above and the mutual covenants and agreements herein, the parties
agree as follows;
2.1 Licensor hereby grants Licensee or its representatives parml$sion to enter
onto the Property for the purpose of performing the Work. The Work shall be performed In
accordance with all applicable state and federal laws and regulations.
2.2 Licensee will obtain and pay for permits and all fees as required by local,
state, and federal governments for the entire time that the Work Is performed. Licensee
shall not permit liens to stand against the Property for the work done or materials furnished
to Licensee, and Licensee shall indemnify, defend and save Licensor harmless from any
such liens for the work performed under this Agreement.
2.3 Licensee shall take all precautions necessary to prevent damage to the
premises from all work,
2A Licensee shall Indemnify, defend, and save Licensor harmless from all
liability, damage, expense, causes of action, demands, losses, suits, claims, and/or
judgments, Including reasonable attorneys fees, relating to Injuries to persons or damage to
the Property or any appurtenances, improvements, or equipment on the Property or on
adjoining properly, including streets and sidewalks, which arise out of any action or
omission of Licensee while on the Property pursuant to the Agreement or the exercise by
Licensee of the Agreement.
2,5 Licensee shall give Licensor five (6) working Notices inNtiys advance notice of the
of proposed entry on the
expected date and time of each entry onto the premise
premises shall be provided in writing or by telephone to:
Mr, Luis Grunauer
District Environmental Coordinator
7001 S, Central Avenue, Rm. 370
Los Angeles, CA 90052-9341
Telephone f#: 323/586-1374
Mr. John Waulhopter
Parsons Corporation
Construction Office, Atlantic/Bandini
323/260-7885
2.6 Licensee shall use its best efforts to conduct the Work so as not to interfere
with Licensor's uae, and occupation of the Property, While Licensee's representatives and
employees are on the premises they shall comply with all safety and other bpplicable
requirements Including all applicable OSHA requirements. Licensor, its employees, invitees
and authorized representatives shall not unreasonably interfere or tamper With the
Licensee's Work and furthermore, shall exercise reasonable care with regard to the
Licensee's performance of the work.
2.7 This Agreement is for a term of thirty -(30) days expiring at 111:59 p.m.,
December 22, 2000, unless .terminated earlier by licensor. Licensor reserves the right to
terminate this Agreement, either for cause or without cause, by service of ra Notice of
Termination sent Certified Mail to Licensee at the address shown below. Any termination of
this Agreement by Licensor shall not terminate Ucensee's covenant to indemnify nor its
covenant n restore ensor. Furthennoeremises. This grthi Agreemshall
ent shall bind be and Inure to ththe erior
beneit
written consent of LIc
of successors and assigns of the parties hereto.
2.8 Upon the termination of this Agreement,
tga ,efthr es to®tab rlglnaiation of Its cbndition term
fol ow following
act of Licensor, Licensee agrees to restore he premises
applicable local, state, and federal regulations, and industry practices.
2.9 Neither this Agreement nor any of the work in
Licenses f ranof liability abshall
o constitute
or be Interpreted or construed as an admission by Licensor
under any federal, state or local law, or for any purpose whatsoever.
. 2.10 This Agreement merely gives licensee the privilege of the use of the
premises. Licensee disclaims any right to assign this Agreemant or argue that the
Agreement is not revocable at the will of Licensor, or any right to extend the scope of the
license herein given,
IN WITNESS WHEREOF. the pardes hereto are authorized to and have executed this
Agreement as of the day and year first above written.
UNTIED STATES POSTAL SERVICE
Signature:
Title: Manager
CITY OF VERNON ,
Signature:
Naine: LEONIS C. MALBURG
itint)
Title: MAYOR
Address: Pacific Facilities Sotviaa Offioc Addrass_LU � N ^ �F evFnnrF
099
395 Oyster Point Blvd., Suite 225 VERNON-8 CAT, FhRNTA
South San Fraucisoo, CA 94099-0300
Date: Date -
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
3
FACUIC FACGJTW SIZAVICE OFFICIC
November 22, 2000
Samuel 'Kevin" Wilson, P.E., L.S.
Director of Community Services & Water
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058-1714
Subject: License Agreement
Dear Mr. Wilson
Enclosed please find a draft copy of the License Agreement for the work at the proposed i-
710/Atlantic/Bandirii Interchange for your review. If acceptable, please sign and return two
copies to my attention. A copy will be sent back to you after Mr. David Klement affixes his
signature.
You can reach me at the number listed below, if you have any questions.
Sincerely,
Kayo le F. Kadara
Environmental Programs Manager
Encl.
395 OYVgft POINT 9OULEVA D
ScvrH SAN FRAHMOO. CA 94029.0900
(680)6t5-7224
FAX (650101&7218