Resolution No. 9019i
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RESOLUTION NO. 9019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
PUBLIC IMPROVEMENTS AGREEMENT NO. 18 BY AND BETWEEN
THE CITY OF VERNON AND UNIVERSITY OF MARELICH
MECHANICAL & GALLIERA, INC.
WHEREAS, during the construction of the Malburg Generating
Station by the University of Marelich Mechanical & Galliera, Inc.
("UMMT"), the curb, gutter, sidewalk and pavement on Soto Street and
50th Street were damaged; and
WHEREAS, UMMT has agreed to have the City perform or have
performed the necessary repairs to the curb, gutter, sidewalk and
pavement on Soto Street and 50th Street (the "Improvements") and will
pay $35,000.00 to the City for that purpose; and
WHEREAS, the Director of Community Services and Water has
recommended that the City enter into Public Improvements Agreement No.
18 with UMMT for the Improvements.
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 Public Improvements Agreement No. 18 with UMMT, in
substantially the same form as the copy which is attached hereto as
Exhibit A and incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor to execute the Agreement for, and on behalf of,
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the City of Vernon and the Acting City Clerk is hereby authorized to
attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
directs the Acting City Clerk, or his designee, to send one original
signed Agreement to:
Jay W. McEntire, Sr., Vice President/General Manager
University Marelich Mechanical & Galliera, Inc.
1000 N. Kraemer Place
Anaheim, CA 92806-2610
SECTION 5: The Acting 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 April, 2006.
LEONIS C. URG, �ayor�
[ATTEST:
BRUCE r. MALK4NHORST, JR., Acting City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 9019, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, April 191, 2006, and thereafter was duly signed by the Mayor
of the City of Vernon.
(SEAL)
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BRU E V MALKENHORST, JR.
Acti City Clerk
EXHIBIT
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PUBLIC IMPROVEMENTS AGREEMENT NO.18
THIS AGREEMENT is made, entered into and executed in duplicate originals,
either copy of which may be considered and used as the original hereof for all purposes, as of
this 19t' day of April 2006.
BY AND BETWEEN CITY OF VERNON, a municipal
corporation (hereinafter referred to as
"CITY')
4305 Santa Fe Avenue
Vernon, California 90058-0805
AND UNIVERSITY MARELICH
MECHANICAL & GALLIERA, INC.
(hereinafter referred to as "COMPANY")
1000 North Kraemer Place
Anaheim, California 92806-2610
RECITALS:
WHEREAS, COMPANY has constructed the Malburg Generating Station, in the
City of Vernon; and
WHEREAS, certain curb, gutter, sidewalk, driveway and pavement were
damaged as part of the construction by the COMPANY; and
WHEREAS, COMPANY is required to remove and replace the items identified in
Exhibit "A" and incorporated herein by reference; and
WHEREAS, the COMPANY has requested that it pay the CITY $35,000 and the
CITY utilize its own contractor or CITY forces to complete the improvements; and
WHEREAS, the CITY has estimated that the actual cost of the improvements can
be completed for $35,000 and is agreeable to perform the work necessary to complete the
improvements; and
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL
PREMISES AND COVENANTS HEREIN SET FORTH, THE PARTIES HERETO AGREE
AS FOLLOWS:
EN
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SECTION 1. CITY shall construct or have constructed the improvements, more
particularly described in Exhibit "A".
SECTION 2. COMPANY shall deliver to CITY concurrently with the execution
of this Agreement, a check in the amount of Thirty Five Thousand Dollars and No Cents
($35,000) in consideration of CITY constructing the improvements described in Exhibit "A".
SECTION 3. Upon approval of this Agreement, the Community Services &
Water Department will issue a letter to COMPANY that it has satisfactorily completed all offsite
improvements with the exception of storm drain connections.
SECTION 4: Any notices, demands, or other communications required or
desired to be given or made under the terms of this Agreement shall be in writing and personally
served, or served by registered or certified mail, return receipt requested, deposited in the United
States Mail with postage thereon fully prepaid and addressed as follows:
CITY
Bruce V. Malkenhorst, Jr., Acting City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
(323) 583-8811
FAX (323) 826-1438
COMPANY
Jay W. McEntire, Sr. Vice President/General Manager
University Marelich Mechanical & Galliera, Inc.
1000 North Kraemer Place
Anaheim, California 92806-2610
(714) 632-2600
FAX (714) 632-7575
Any notice, demand or other communication shall be deemed given or made on
the day personally served, or, if service is by mail, three (3) days following the date such notice
was deposited in the United States mail with postage thereon fully prepaid.
//
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SECTION 6. This Agreement may be executed in counterparts, each of which sc
executed shall be deemed an original irrespective of the date of the execution, and said
counterparts, together shall constitute one and the same agreement.
ATTEST:
BRUCE V. MALKENHORST, JR.,
Acting City Clerk
APPROVED AS TO FORM:
I ERIC T. FRESCH, City Attorney
Print Name
Signature
Title
CITY
LEONIS C. MALBURG, Mayor
COMPANY
Print Name
Signature
Title
*NOTE: Signatures shall be notarized.
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3
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
jt'/� ss.
County of
On before me �.
AUpt--�
Dab 1 J I (I r/' i Nwo and nle d orao.r (e.9.. •.w,e Doe, moan
personally appeared
Names) a(S*wr(e) .
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person() whose name(l ii
subscribed to the within strument and
�+rwvNlr.A T acknowledged to me that he/jr/tJ�ey executed
Cal 1 i 14? 016 the same in his/lir/tloir authorized
�yhe ft capacity(i ), and that by his/her/t eir
p signature on the instrument the person($)),, or
ilAy the entity upon behalf of which the persO )
acted, executed the instrument.
WI NESS hand officia ea.
a�
5lpraarre of NVwy PLIb
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons WOW on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signers) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer — Tide(s):
❑ Partner — ❑ Umited ❑ General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
v leas Na=0 Hoary AeeOMM • 9360 00 Sete AW., P.0.9W 2M • Chaaworlh. CA 913134W • www.radowi a"0ro Prod. No. 5907 Reorder. Cal Tot -Fee 1-800.8766827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of C,o-Lj.4'&aWAo+
County of Aar/ u S e;p
On *A4co 6 . 20406 before me, Aknc C. $tdde"14CA AlOwey /°i/3A4 c
Name and Title (e.
g., "Jane Doe, Notary Public")
personally appeared
Name(s) of Signe(s)
)Kepersonally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the personol'whose
name(ol' is/tee" subscribed to the within instrument and
acknowledged to me that hateheAhey executed the same in
d�.. hisUWtheir= authorized capacity4kw4; and that by hisA,heMheir
PAUL c. BRu8CHERA signatureW on the instrument the COMM.#1392452 person(,,rfor the entity upon
Notary Public-0aKomia behalf of which the personisf acted, executed the instrument.
' SANFRANCISCOCOWRY
av Comm. Exp"Ja Z 2W W ESS my hand and oTciai seal.
11-If
------OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
❑ Titles(s):
❑ Partner - 0 Limited El General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ .individual
❑ Corporate Officer
❑ Title(s):
❑ Partner - ❑ Limited ❑
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
General
EXHIBIT A
EXHIBIT "A"
MALBURG GENERATING STATION REMOVALS
(Approximate Locations)
SOTO STREET REASON
57 + 83 Driveway Chipped Concrete
58 + 02 13' Wide (209 sq. ft.) (Patched with Grout)
58 + 84 Sidewalk 5'x 2.5' (12.5 sq. ft.) Chipped Concrete
(Patched with Grout)
SEVILLE AVENUE — EAST SIDE
22 + 66
Curb & Gutter
Chipped Concrete
24 + 06
140 Linear Ft.
(Patched with Grout)
25 + 62
Curb & Gutter
Chipped Concrete
25 + 78
16 Linear Ft.
(Nothing Done)
SEVILLE AVENUE — WEST SIDE
23 + 83
Curb & Gutter
Chipped Concrete
23 + 95
12 Linear Ft.
(Patched with Grout)
22 + 77
Curb & Gutter
Broken Concrete
22 + 89
12 Linear Ft.
(Patched with Grout)
23 + 86
3 x 2 Asphalt Concrete
Undermine
29 + 38
8 x 2 Asphalt Concrete
(Gas Trench)
SUPPORTING
DOCUMENTS
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PUBLIC IMPROVEMENTS AGREEMENT NO. 18
THIS AGREEMENT is made, entered into and executed in duplicate originals,
either copy of which may be considered and used as the original hereof for all purposes, as of
this 19t' day of April 2006.
BY AND BETWEEN CITY OF VERNON, a municipal
corporation (hereinafter referred to as
"CITY")
4305 Santa Fe Avenue
Vernon, California 90058-0805
AND UNIVERSITY MARELICH
MECHANICAL & GALLIERA, INC.
(hereinafter referred to as "COMPANY")
1000 North Kraemer Place
Anaheim, California 92806-2610
RECITALS:
WHEREAS, COMPANY has constructed the Malburg Generating Station, in the
City of Vernon; and
WHEREAS, certain curb, gutter, sidewalk, driveway and pavement were
damaged as part of the construction by the COMPANY; and
WHEREAS, COMPANY is required to remove and replace the items identified it
Exhibit "A" and incorporated herein by reference; and
WHEREAS, the COMPANY has requested that it pay the CITY $35,000 and the
CITY utilize its own contractor or CITY forces to complete the improvements; and
WHEREAS, the CITY has estimated that the actual cost of the improvements can
be completed for $35,000 and is agreeable to perform the work necessary to complete the
improvements; and
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL
PREMISES AND COVENANTS HEREIN SET FORTH, THE PARTIES HERETO AGREE
AS FOLLOWS:
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SECTION 1. CITY shall construct or have constructed the improvements, more
particularly described in Exhibit "A".
SECTION 2. COMPANY shall deliver to CITY concurrently with the execution
of this Agreement, a check in the amount of Thirty Five Thousand Dollars and No Cents
($35,000) in consideration of CITY constructing the improvements described in Exhibit "A".
SECTION 3. Upon approval of this Agreement, the Community Services &
Water Department will issue a letter to COMPANY that it has satisfactorily completed all offsite
improvements with the exception of -storm drain connections.
SECTION 4: Any notices, demands, or other communications required or
desired to be given or made under the terms of this Agreement shall be in writing and personally
served, or served by registered or certified mail, return receipt requested, deposited in the United
States Mail with postage thereon fully prepaid and addressed as follows:
CITY
Bruce V. Malkenhorst, Jr., Acting City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
(323) 583-8811
FAX (323) 826-1438
COMPANY
Jay W. McEntire, Sr. Vice President/General Manager
University Marelich Mechanical & Galliera, Inc.
1000 North Kraemer Place
Anaheim, California 92806-2610
(714) 632-2600
FAX (714) 632-7575
Any notice, demand or other communication shall be deemed given or made on
the day personally served, or, if service is by mail, three (3) days following the date such notice
was deposited in the United States mail with postage thereon fully prepaid.
//
//
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SECTION 6. This Agreement may
executed shall be deemed an original irrespective of
counterparts, together shall constitute one and the s.
APPROVED AS TO FORM:
ERIC T. CH City Atto
Print Name
Signature
Title
Print Name
Signature
Title
*NOTE: Signatures shall be notarized.
-3-
v executed in counterparts, each of which so
the date of the execution, and said
me agreement.
CITY
EONIS C. MALBtJRG, M yor
COMPANY
A E QuS C444 AA
M
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of (�j�
LOn before me,
Date i 1 t
personally appeared
ss.
Name and This o1 Ofter (e.g., 'Jane Doe, Notary lcj
M"'ere" ,
soler(c)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person() whose nameo Woe
subscribed to the within I strument and
acknowledged to me that he/4ie*ey executed
the same in his/tVrAoir authorized
capacity(i ), and that by his/her/t e)r
signatur on the instrument the per,, or
the entity upon behalf of which the persoA
acted, executed the instrument.
WITNESS hand officia eat.
saw
Signature of PuWk
OPTIONAL
Though the information below is not mqt imd by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another dwument.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual rop of thumb here
❑ Corporate Officer — Titie(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
O 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 24M • ChaiswoM, CA 91313.2402 • www.nationa4atary.org Prod. No. 5907 Reorder: Call Tall -Free 1-80g-876.6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of LjrMeAr`q.
County of 5A^/ A4W C1 S Ld
On *A•440 6 , 2p4lt, before me, Awac e-, $wdoeorA_ /1lar scy /Qr/,l3c4 c ,
Name and Title ortXficer (e.g., *Jane Doe, Notary Public")
personally appeared IWA5 geioc A&
Name(s) of Signer(s)
fipersonally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the personWrwhose
nameW' is/arts- subscribed to the within instrument and
acknowledged to me that he%#e*ey executed the same in
>.........+. hisA;e0the F authorized capacity(ies); and that by his4hei=,itheir
PAUL C. BRUSCHERA signatureW on the instrument the person(of,, or the entity upon
Notary
P lIc-C W behalf of which the •`;�.�-:- �' Notary Public•CaBlbrnia � personj� acted, executed the instrument.
4.1.
� " SAN FRANCISCO COUNTY �
My Comm. Up. Jae 2, 200T !WIT IEESSS my hand and official seal.
C
---OPTIONALThough the the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
❑ Titles(s):
❑ Partner - ❑ Limited General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: -
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer
❑ Title(s):
❑ Partner - ❑ Limited ❑
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
General
EXHIBIT "A"
MALBURG GENERATING STATION REMOVALS
(Approximate Locations)
SOTO STREET REASON
57 + 83 Driveway Chipped Concrete
58 + 02 13' Wide (209 sq. ft.) (Patched with Grout)
58 + 84 Sidewalk 5'x 2.5' (12.5 sq. ft.) Chipped Concrete
(Patched with Grout)
SEVILLE AVENUE — EAST SIDE
22 + 66
Curb & Gutter
Chipped Concrete
24 + 06
140 Linear Ft.
(Patched with Grout)
25 + 62
Curb & Gutter
Chipped Concrete
25 + 78
16 Linear Ft.
(Nothing Done)
SEVILLE AVENUE — WEST SIDE
23 + 83
Curb & Gutter
Chipped Concrete
23 + 95
12 Linear Ft.
(Patched with Grout)
22 + 77
Curb & Gutter
Broken Concrete
22 + 89
12 Linear Ft.
(Patched with Grout)
23 + 86
3 x 2 Asphalt Concrete
Undermine
29 + 38 -
8 x 2 Asphalt Concrete
(Gas Trench)