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Resolution No. 94161 RESOLUTION NO. 9416 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF ENCROACHMENT LICENSE AGREEMENT NO. 408 BY AND 5 BETWEEN THE CITY OF VERNON AND 11 MATEO, LLC. 6 WHEREAS, 11 Mateo, LLC. ("Mateo") has filed an application 7 for an encroachment license agreement pursuant to Vernon City Code 8 Section 22.66 to operate, maintain, use, and/or replace a private fire 9 service water line and three Post Indicator Valves in the sidewalk at 10 4770 East 50th Street approximately two hundred sixty-three and nine 11 tenths (263.9) feet to three hundred sixty-seven and five tenths 12 (367.5) feet west of the centerline of Gifford Avenue ("the 13 IlEncroachment"); and 14 WHEREAS, the City Council is authorized to issue an 15 encroachment license pursuant to Chapter 22, Article VI, Encroachments, 16 of the Code of the City of Vernon which license shall be valid for a 17 period of twenty-five (25) years unless otherwise stated; and 18 WHEREAS, the City Council adopted Resolution No. 5088 on 19 February 21, 1984, authorizing fees for encroachment licenses; and 20 WHEREAS, Mateo has provided proof of the required insurance, 21 and has paid the issuance fee of $2,750.00 and the first annual renewal 22 fee of $502.34; and 23 WHEREAS, the Director of Community Services & Water has 24 recommended the approval of Encroachment License Agreement No. 408 with 25 Mateo for a period of twenty-five (25) years, subject to the terms and 26 conditions of the aforesaid Article VI of Chapter 22 of the Code of the 27 City of Vernon; and 28 WHEREAS, the City Council believes it is in the best interest of the City of Vernon to enter into Encroachment License Agreement No. 211 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 3 CITY OF VERNON AS FOLLOWS: 4 SECTION 1: The City Council of the City of Vernon hereby 5 finds and determines that the recitals contained hereinabove are true 6 and correct. 7 SECTION 2: The City Council of the City of Vernon hereby 8 approves the Encroachment License Agreement No. 408 with Mateo, a copy o 9 which is attached hereto as Exhibit "A" and made a part hereof. 10 SECTION 3: The City Council of the City of Vernon hereby 11 authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, 12 and on behalf of, the City of Vernon and the City Clerk is hereby 13 authorized to attest thereto. 14 SECTION 4: The City Council of the City of Vernon hereby 15 directs the City Clerk, or her designee, to send one fully executed 16 Agreement to: 17 11 Mateo, LLC. 18 Attn: Jay Oh, Manager 4770 East 50th Street 19 Vernon, CA 90058 20 SECTION 5: The City Clerk of the City of Vernon shall certify 21 to the passage of this resolution, and thereupon and thereafter the 22 same shall be in full force and effect. 23 APPROVED AND ADOPTED this 17th day of September, 2007. 24 _ 25 (_ 26 Name: Leonis C. Malburg 27 AT EST: Title: Mayorm- 28 UELA GIRON, ity Clerk - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 li 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9416, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, September 17, 2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. MANUELA GIRON, Ci txClerk (SEAL) - 3 - EXHIBIT 0 a • 1 ENCROACHMENT LICENSE AGREEMENT NO.408 2 The City of Vernon, a municipal corporation of the State of California, as 3 Licensor (hereinafter referred to as "City") and 11 Mateo, LLC. (hereinafter referred to as 4 "Licensee") does hereby agree as follows: 5 1. Licensor has all requisite power of authority to enter into this 6 Encroachment License Agreement. Subject to the right of the City to terminate this license for 7 reasonable cause, as defined below, the City hereby grants to Licensee a license for a term of 8 twenty-five (25) years from and after the date of this license to operate, maintain, use, and/or 9 replace a private fire service water line and three Post Indicator Valves (PIV valves) in the 10 sidewalk at 4770 East 50t' Street in the City of Vernon as shown on engineer's drawing marked 11 Exhibit "A" attached hereto and made a part hereof as though fully set forth herein and described 12 as follows: South side of East 50t' Street, approximately 263.9 feet to 367.5 feet west of the 13 centerline of Gifford Avenue. 14 2. This license is granted subject to the terms and conditions set forth in the 15 Code of the City of Vernon, Chapter 22 Article VI, and the acceptance hereof shall evidence the 16 Licensee's agreement to all terms of said article and the additional conditions hereinafter 17 contained. 18 3. Licensee shall pay to the City of Vernon the issuance fee of Two 19 Thousand Seven Hundred Fifty Dollars ($2,750.00), prior to the issuance of the license. License 20 shall also pay to the City the annual renewal fee of Five Hundred Two dollars and thirty-four 21 cents ($502.34) payable each year during the term of the license on or before the anniversary of 22 the date of this License Agreement. 23 This annual renewal fee shall be revised in accordance with the changes in the 24 Consumers Price Index published by the United States Department of Labor, Bureau of Labor 25 Statistics for Urban Earners and Clerical Workers -Annual Average — Los Angeles — Anaheim- 2 6 Riverside area, California — all items. In the event said index, as of the anniversary date, is 27 higher than said index for the issuance date, the renewal fee shall be increased effective the 28 anniversary date by multiplying said renewal fee by a fraction, the numerator of which is the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 accordance with the conversion fact( 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 government; 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 insured under this policy. (3) An endorsement providing the City of Vernon thirty (30) days otice of cancellation or material reduction of coverage. 18 (4) Additional documents as required by Risk Management. 19 5. The grant of this license is effective only upon further consideration that 20 11 Licensee shall file with and shall thereafter at all times during the life of this license keep on file 21 with the City of Vernon a faithful performance bond in the penal sum of Eight Thousand Five 22 Hundred Dollars ($8,500), the amount of which shall at the request of the City of Vernon be 23 subject to an increase in accordance with the Consumer Price Index cited in Section 3, above. 24 6. Licensee shall maintain the City property in first class condition to the 25 satisfaction of the City of Vernon, and Licensee shall not construct any structure without having 26 received a permit therefore from the City of Vernon. Upon completion of the activities to be 27 performed under the license, licensee shall remove the waterline and PIV valves. 28 7. Licensee shall obtain all necessary Federal, State, and Local Permits, j N 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 including City of Vernon health permits, and no repair or construction shall be performed except in accordance with the provisions of Chapter 22 of the Vernon City Code pertaining to encroachments to the extent they are not in conflict with any paramount authority of the State or Federal Government. In the event that Licensee shall fail to utilize the City's property covered bi 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. 8. If, at any time during the term of this franchise, it becomes necessary to remove or relocate the waterline and PIV valves in order to accommodate a construction project performed by or on behalf of the City of Vernon, Licensee shall at its own cost and expense promptly remove or relocate said facilities. 9. 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. 10. 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 from the City, the City may declare this license terminated. Upon such a declaration of termination and failure to remedy such default 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. 11. In the event of the termination of this license, Licensee shall at its own cost and expense, remove the encroachment facilities as the City in its reasonable discretion may decide. 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, and shall have recourse for recovery of cost against the licensee and/or the performance bond. 12. Licensee shall preserve and save harmless the City and each officer and Ki 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 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 operation and or maintenance thereof. 13. 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, to the following: CITY: CITY OF VERNON ATTN: CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CALIFORNIA 90058-0805 FAX: (323) 826-1438 LICENSEE: 11 MATEO, LLC. ATTN: JAY OH 4770 EAST 50' STREET VERNON, CALIFORNIA 90058 FAX: (213) 559-0960 4 1 2 3. �N +f 8 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXECUTED IN DUPLICATE this day of , 2007. =EST: MANUELA GIRON, City Clerk APPROVED AS TO FORM: JEFF HARRISON, City Attorney MAYRA P94WA Commbsion #E 16820H Notary Pubft - Caniomlo Loa Ar4pw County My Comm. Explroa Jul 18, 2010 CITY OF VERNON LEONIS C. MALBURG, Mayor 11 MATEO, LLC. By: Sign Print Name J Title By: Signature Print Name Title NOTE: Signatures shall be notarized. 5 CALIFORNIA•ACKNOWLEDGMENT Y State of California County of�1/ 1 X .4 h4 On �� before me, /I tJ , Date �J ame and T e of Officer (e.g., "Jane Doe, Notary Publ T personally appeared ':A, , 0!� Name(s) of Signer(s) MAYRA PINEDA Comn>laslon ri 16820159 e Notary PubNc • CaNforNa los Angeles County My Comm. Expires Jul 18, ZO10 Place Notary Seal Above ❑ personally known to me Aor proved to me on the basis of satisfactory evidence) to be the person whose name(, is/am subscribed to the within instrument and acknowledged to me that he/shett eTexecuted the same in his/herttheirauthorized capacity(a—,*, and that by his/hrer/tt,eir•signatur%K on the instrument the person, or the entity upon behalf of which the persop(s) acted, executed the instrument. WITNESS my hand and official seal. �t� j.0 Signat of Notary Pub' 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: q p7C i D��C L � d Ali / 1 c e h Sp— AG) Y\Q "/(./U , y0 Document Date: Signer(s) Other Than Named Above: kon t Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — [I Partner — ❑ Limited ❑ Attorney in Fact ❑ Trustee Title(s): _ ❑ General ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Number of Pages: SS Signer's Name: ❑ Individual ❑ Corporate Officer — El Partner — ❑ Limited ❑ Attorney in Fact ❑ Trustee Title(s): ❑ General ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER L_ m 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1.800-876-6827 ♦E'� OF ,N State of California W yO Secretary of State Y FopN,. STATEMENT OF INFORMATION (Limited Liability Company) Filin Fee $20.00. If amendment, see instructions. IMPORTANT — READ INSTRUCTIONS BEFORE COMPLETING THIS FORM 1. LIMITED LIABILITY COMPANY NAME (Please do not alter if name is preprinted.) 11 MATEO LLC 4770 E. 50TH STREET VERNON, CA 90058 RECEIVED SEP - 4 2001 Community Services ENDORSED - FILED in the ofitce of the Secretary of State of the State of Califomis JUN 0 4 2007 This Space For Filing Use Only DUE DATE: FILE NUMBER AND STATE OR PLACE OF ORGANIZATION 3. STATE OR PLACE OF ORGANIZATION 2. SECRETARY OF STATE FILE NUMBER 200701710022 CALIFORNIA COMPLETE ADDRESSES FOR THE FOLLOWING (Do not abbreviate the name of the city. Items 4 and 5 cannot be P.O. Boxes.)ZIP CODE c .cy AnnRFRR nF PRINCIPAL EXECUTIVE OFFICE CITY AND STATE 4770 E. 50TH STREET VERNON 5. CALIFORNIA OFFICE WHERE RECORDS ARE MAINTAINED (DOMESTIC ONLY) CITY 4770 E. 50TH STREET VERNON NAME AND COMPLETE ADDRESS OF THE CHIEF EXECUTIVE OFFICER, IF ANY 6, NAME ADDRESS CITY AND STATE JAY OH 4770 E. 50TH STREET VERNON NAME AND COMPLETE ADDRESS OF ANY MANAGER OR MANAGERS, OR IF NON PROVIDE THE NAME AND ADDRESS OF EACH MEMBER (Attach additional pages, if necessl 7. NAME ADDRESS CITY AND STATE JAY OH 4770 E. 50TH STREET VERNON CA STATE CA 90058 ZIP CODE 90058 CA 90058 E HAVE BEEN APPOINTED OR ELECTED, 8. NAME ADDRESS CITY AND STATE 9. NAME ADDRESS CITY AND STATE ZIP CODE CA 90058 ZIP CODE ZIP CODE AGENT FOR SERVICE OF PROCESS (If the agent is an individual, the agent must reside in California and Item 11 must be completed with a California address. If the agent is a corporation, the agent must have on file with the California Secretary of State a certificate pursuant to Corporations Code section 1505 and Item 11 must be left blank.) 10. NAME OF AGENT FOR SERVICE OF PROCESS JAY OH STATE ZIP CODE 11. ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY 4770 E. 50TH STREET VERNON CA 90058 TYPE OF BUSINESS 12. DESCRIBE THE TYPE OF BUSINESS OF THE LIMITED LIABILITY COMPANY REAL ESTATE INVESTMENT & MANAGEMENT 13. THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT. JAY OH Manager Member 05/17/07 TYPE OR PRINT NAME OF PERSON COMPLETING THE FORM SIGNATU TITLE DATE APPROVED BY SECRETARY OF STATE LLC-12 (REV 03I2005) EXHIBIT A II II it p II I II — - — - — - — - - - - - — - — - — - — 7:�xx% ']AV ClKJJj!D II II II ' II If I II it ' it ' I ' If I I Nd L'9t+Ll II it ' II II , Aid i'L9+9L II I If II ' !I , (I Nd 9'S l+9 L II W Lo i II (W II II W ii II ' it ry If X II ' O I II ' N !I I it II II ' II II (= II II II II 0 II ' LO li i_ II II I II � III ' II II I II II II II I II — (At'I ,OL ' .tc — At ► w— II ( If II ' II II , 11 II I II II II w w Q 0 Z 0 0 w 0 Z Z) T— SUPPORTING DOCUMENTS CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: September 25, 2007 TO: Martha Valenzuela, Director of Personnel/Purchasing Agent FROM/:' Nelly Giron, City Clerk RE: Resolution No. 9416 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Encroachment License Agreement No. 408 By and Between the City of Vernon and 11 Mateo, LLC Transmitted herewith is a copy of Resolution No. 9416, referenced above, which was approved by City Council on September 17, 2007, along with a copy of the fully executed encroachment license agreement, and a copy of the memo from Community Services regarding the initial payment of said agreement. Thank you. NG:dr c: S. Kevin Wilson Resolution No. 9416 License Agreement No. 408 COMMUNITY SERVICES & WATER DEPARTMENT Samuel Kevin Wilson, Director of Community Services & Water 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1435 APPROVED SEP 17 '07 CITY COUNCIL September 6, 2007 Honorable City Council City of Vernon Gentlemen: E-4 GiTY Ci ERK PSTRIBUTPN Enclosed for your consideration is Encroachment License Agreement No. 408. 11 Mateo LLC requested an encroachment license agreement for the property at 4770 East 50'h Street to operate, maintain, use, and/or replace a private fire service water line and three post indicator valves in the sidewalk. The City Attorney has reviewed and approved as to form, Encroachment License Agreement No. 408. 11 Mateo LLC has paid to the City the required fee of $3252.34, of which $2,750 is for the issuance fee and $502.34 is for the annual renewal fee. The Risk Manager has approved the required insurance and bond documents. I recommend that Encroachment License Agreement No. 408 be approved and the Mayor and City Clerk be authorized to execute. SKW/ca Enclosures c: Eric Fresch Jeff Harrison Manuela Giron tted, �Sakuel Kevin Wilson, P.E. Director of Community Services & Water E.xc(usivefy Industrial Alt' AMbrIA, 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 September 25, 2007 Mr. Jay Oh, Manager 11 Mateo, LLC. 4770 East 50th Street Vernon, CA 90058 Re: Encroachment License Agreement No. 408 Dear Mr. Oh: Transmitted herewith is a fully executed encroachment license agreement as referenced above, approved by City Council on September 17, 2007. If you have any questions regarding this matter, please call Mr. Kevin Wilson, at (323) 583-8811 ext. 245. Very truly yours, Nel y Gi' oh City Clerk NG:dr Enclosure c: Kevin Wilson Resolution No. 9416 Encroachment License Agreement No. 408 E vclusively Industrial 1 ENCROACHMENT LICENSE AGREEMENT NO.408 2 The City of Vernon, a municipal corporation of the State of California, as 3 11 Licensor (hereinafter referred to as "City") and 11 Mateo, LLC. (hereinafter referred to as 4 "Licensee") does hereby agree as follows: 5 1. Licensor has all requisite power of authority to enter into this 6 Encroachment License Agreement. Subject to the right of the City to terminate this license for 7 reasonable cause, as defined below, the City hereby grants to Licensee a license for a term of 8 twenty-five (25) years from and after the date of this license to operate, maintain, use, and/or 9 replace a private fire service water line and three Post Indicator Valves (PIV valves) in the 10 sidewalk at 4770 East 501h Street in the City of Vernon as shown on engineer's drawing marked 11 Exhibit "A" attached hereto and made a part hereof as though fully set forth herein and describe 12 as follows: South side of East 50th Street, approximately 263.9 feet to 367.5 feet west of the 13 centerline of Gifford Avenue. 14 2. This license is granted subject to the terms and conditions set forth in the 15 Code of the City of Vernon, Chapter 22 Article VI, and the acceptance hereof shall evidence the 16 Licensee's agreement to all terms of said article and the additional conditions hereinafter 17 contained. 18 3. Licensee shall pay to the City of Vernon the issuance fee of Two 19 Thousand Seven Hundred Fifty Dollars ($2,750.00), prior to the issuance of the license. Licenst 20 11 shall also pay to the City the annual renewal fee of Five Hundred Two dollars and thirty-four 21 cents ($502.34) payable each year during the term of the license on or before the anniversary of 22 the date of this License Agreement. 23 This annual renewal fee shall be revised in accordance with the changes in the 24 Consumers Price Index published by the United States Department of Labor, Bureau of Labor 25 Statistics for Urban Earners and Clerical Workers -Annual Average — Los Angeles — Anaheim- 2 6 Riverside area, California — all items. In the event said index, as of the anniversary date, is 27 higher than said index for the issuance date, the renewal fee shall be increased effective the 28 anniversary date by multiplying said renewal fee by a fraction, the numerator of which is the 1 Index for the current anniversary date and denominator of which 2 issuance date. There shall be no reduction in fees b operation h is the index existing on the 3 future, said index shall be changed so that the base e p anon of this provision. If, in the 4 commencement of the term hereof, it shall be cony y differs from that used as of the date of 5 converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor S 6 said Index is discontinued or revised during the term of this A tatistics. In the event Agreement, 7 Index or computation with which it is replaced, shall be used in, such other governmental 8 same result that would be obtained if said present index had not order to obtain substantially the 9 been discontinued or revised. 4• Licensee shall secure and keep in full force and effect at all times 10 the term of this license, general liability insurance in the amour mes during 11 Vernon on an annual basis and shall file proof thereof with the is determined by the City of 12 City Clerk, which proof shall include the following: 13 (1) 14 A standard certificate of insurance. (2) An endorsement naming the City of Vernon, 15 employees as insured under this policy. its officers, and 16 (3) An endorsement providing the City of Vernon thirty (30) days 17 otice of cancellation or material reduction of coverage. 18 19 (4) Additional documents as required by Risk Management. 5• The grant of this license is effective only upon further consideration that 20 Licensee shall file with and shall thereafter at all times during the life of this license 21 with the City of Vernon a faithful performance bond in the penal sum of Eight Thousand keep i file 22 Hundred Dollars ($8,500), the amount of which shall at the request of � housand Five 2 3 q the City of Vernon be subject to an increase in accordance with the Consumer Price Index cited in Section 3, above. 2 4 6• Licensee shall maintain the City property in first class condition to the 25 satisfaction of the City of Vernon, and Licensee shall not construct any structure without having 26 received a permit therefore from the City of Vernon. Upon completion of the activities to be 27 performed under the license, licensee shall remove the waterline and PIV valves. 28 7. Licensee shall obtain all necessary Federal, State, and Local Permits, 2 I- I I including City of Vernon health permits, and no repair or construction shall be 2 in accordance with the provisions of Chapter 22 of the Vernon CityCode performed except 3 encroachments to the extent the are not in conflict with an Pertaining to Y Y Paramount authority of the State or 4 Federal Government. In the event that Licensee shall fail to utilize the Cit 's property 5 this license for a consecutive Period u of six (6) months during Y P P rty covered b P g any Period of time after it has been 6 placed in operation, the City Council of the City of Vernon shall have t 7 discretion, to declare this license terminated. he right, at its sole $ 8. If, at any time during the term of this franchise, it becomes necessary to 9 remove or relocate the waterline and PIV valves in order to accommodate a constructio 3-0 performed by or on behalf of the City of Vernon, Licensee shall at its own cost and e n Project 11 promptly remove or relocate said facilities. xpense 12 9. Licensee shall not sell, transfer, assign or lease this license or any 13 hereof, or any of the rights or privileges granted hereby. Licensee may not assignits du i Part 14 hereunder, and may not assign t es its rights hereunder to a public utility. 15 10. In the event Licensee fails to keep, fulfill or perform any of the to 16 conditions of this license and fails to remedy such default within thirty 30 daysa rms or 1 notice from the City, the City may declare this license terminated. Upon( ) after written such a declaration of 18 termination and failure to remedy such default this license shall be cancelled and all of the rights 19 and privileges of Licensee under this license shall be surrendered. The City may thereafter 20 Y er exclude Licensee from further use of the street under this license. 21 11. In the event of the termination of this license, Licensee shall at its own 22 cost and expense, remove the encroachment facilities as the City in its reasonable discretion may 23 decide. This provision may be suspended by the City of Vernon at its sole discretion during such 24 g period as licensee may be negotiating with the City of Vernon for renewal of this license. If 25 Licensee is directed to remove the encroachment facilities and fails to do so, City shall have the 26 right to remove them at Licensee's sole expense, and shall have recourse for recovery of cost 27 against the licensee and/or the performance bond. 28 12. Licensee shall preserve and save harmless the City and each officer and Ll 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 employee thereof from any liability or responsibility for any accident 2 or property happening or occurring as a proximate result of the en � loss or damage to persons 3 operation and or maintenance thereof. croachment or the construction 1 13. Any notice, communication, request, instruction or other document required or permitted hereunder shall be in writing and deemed give" when hand -delivered or sent by confirmed facsimile or U.S. Mail service, to the followin g• CITY: CITY OF VERNON ATTN: CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CALIFORNIA 90058-0805 FAX: (323) 826-1438 LICENSEE: 11 MATEO, LLC. ATTN: JAY OH 4770 EAST 50th STREET VERNON, CALIFORNIA 90058 FAX: (213) 559-0960 4 1 EXECUTED IN DUPLICATE this �J T day of 2 , 2007. 3 CITY OF VERNON S LEONIS C. MAL URG, Mayor 6 7 ATTEST.- 8 9 ANUELA GIRO , Cit Clerk 10 11 APPROVED M TO FORM: 12 VON, 13 JEFF RAttorney 14 15 11 MATEO, LLC. 16 17 By: Signature 18 MAYRA PINEbA 6 19 Commission # 1682059 Print Name Notary PWft - Calflomla 2 0jfplmy Los Angel" County Comm. Expires Jul 18, 2010 Title 21 By: 22 Signature 23 -- -----_ Print Name 24 Title 25 26 27 NOTE: Signatures shall be notarized. 28 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californian County of On 0% ' before me, Date ame and Ti ;e of Officer e. ( g•, °Jane e, Notary personally appeared _ 'T'T�I,C.� Q dill A M PINEOiA Commis M # 1682059 Notary PUtft - Calltorila Los Angeles County My Comm. Expires Jul 18, 2010 ❑ personally known to me /(or proved to me on the basis of satisfactory evidence) to be the person whose name(4isdam subscribed to the within instrument and acknowledged to me that he/executed the same in his/herfttreir-authorized capacity(iesj and that by his/hrerft min-signaturpK on the instrument the personX, or the entity upon behalf of which the persoyl(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signalof Notary Publ' 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 II Title or Type of Document: q 1q � � � / 1 c,,e k, 5e AG r o p--e 7 liQ t% Document Date: Signer(s) Other Than Named Above: W Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT7HC NISPR15T OF 5iGNER OP of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHvivi PFNNT OF SIGNER �:."..x O 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chat wo h�CA 91313-2402 7 `�"' V Item No. 5907 Reorder: Call Toll Free 1-800-876.6827 RECEIVE �aPF State of California SEP -4 2001 sn Secretary of State C�► Services C�fFOPN� STATEMENT OF INFORMATION (Limited Liability Company) Filing Fee $20.00. If amendment, see instructions. ENDORSED - FILED IMPORTANT READ INSTRUCTIONS BEFORE COMPLETING THIS FORM in the office of the Secretary of State 1. LIMITED LIABILITY COMPANY NAME (Please do not alter if name is preprinted.) Of the State of Cailfomle 11 MATEO LLC JUN ® 4 2007 4770 E. 50TH STREET VERNON, CA 90058 DUE DATE: This Space For Filing Use Only FILE NUMBER AND STATE OR PLACE OF ORGANIZATION 2. SECRETARY OF STATE FILE NUMBER _ 3. STATE OR PLACE OF ORGANIZATION 200701710022 CALIFORNIA 9 COMPLETE ADDRESSES FOR THE FOLLOWING (Do not abbreviate the name of the city. Items 4 and 5 cannot be P.O. Boxes.) 4. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE_ CITY AND STATE 4770 E. 50TH STREET ZIP CODEVERNON 5. CALIFORNIA OFFICE WHERE RECORDS ARE MAINTAINED (DOMESTIC ONLY) CITY CA 90058 4770 E. 50TH STREET STATE ZIP CODE VERNON CA NAME AND COMPLETE ADDRESS OF THE CHIEF EXECUTIVE 90058 OFFICER, IF ANY 6. NAME ADDRESS CITY AND STATE _ JAY OH 4770 E. 50TH STREET VERNON CA 21P CODE NAME AND COMPLETE ADDRESS OF ANY MANAGER OR 90058 MANAGERSOR IF NONE HAVE BEEN APPOINTED OR ELECTED, PROVIDE THE NAME AND ADDRESS OF EACH MEMBE, R (Attach additional pages, if necessary.) 7. NAME ADDRESS CITY AND STATE JAY OH 4770 E. 50TH STREET VERNON CA ZIP CODE 8. NAME ADDRESS CITY AND STATE 90058 ZIP CODE 9. NAME ADDRESS CITY AND STATE ZIP CODE AGENT FOR SERVICE OF PROCESS (If the agent is an individual, the agent must reside in California and Item 11 must be completed with a California address. If the agent is a corporation, the agent must have on file with the California Secretary of State a certificate pursuant to Corporations Code section 1505 and Item 11 must be left blank. 10. NAME OF AGENT FOR SERVICE OF PROCESS JAY OH 11. ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY 4770 E. 50TH STREET STATE ZIP CODE VERNON TYPE OF BUSINESS CA 90058 Ti DESCRIBE THE TYPE OF BUSINESS OF THE LIMITED LIABILITY COMPANY . _ ------ -,- -- REAL ESTATE INVESTMENT & MANAGEMENT 13. THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT. JAY OH ..pro TYPE OR PRINT NAME OF PERSON COMManager Member 05/17/07 PLETING THE FORM SIGNATU LLC-12 (REV 03/2005) TITLE DATE mrt-KVytU BY SECRETARY OF STATE I EXHIBIT A ��g it p II II I If , II if II 11 II ' II Ad Z'8 L+L L fl If II , Nd ti'L9+9 L � II !I � tt�� 11 M L 11 W i II fl IL.J II ' Il V, J ii TT II ' II _.L. W II 11 Ll..� F, II I II � I II I Il Il ' 11 EI = II i II I O if , If I 11 11 I II i-•-- � III if II ` II it II I 1! 11 11 x w z O c� w 0 z D N