Resolution No. 96081
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RESOLUTION NO. 9608
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING ENCROACHMENT LICENSE AGREEMENT
NO. 389 BY AND BETWEEN THE CITY OF VERNON AND
RAYMAR PRODUCTIONS
WHEREAS, on August 18, 1998, the City Council of the City of
Vernon adopted Resolution No. 7208 approving Encroachment License
Agreement No. 389 (the "Agreement") by and between the City of Vernon
and RayMar Productions ("RayMar") to allow for the installation and
maintenance of up to 100 transit advertising shelters; and
WHEREAS, by letter dated August 29, 2007, the Director of
Community Services & Water notified RayMar that the bus shelter
located at the northeast corner of Leonis Boulevard and Downey Road in
the City of Vernon was damaged, but no response was received from
RayMar by the City; and
WHEREAS, by letter dated February 4, 2008, the Director of
Community Services & Water, notified RayMar that the City will seek to
terminate Encroachment License Agreement No. 389 if RayMar did not
repair all of the transit shelters to a first class standard within
thirty (30) days, which letter was returned marked "undeliverable;" and
WHEREAS, the Director of Community Services & Water has
determined that RayMar is in violation of the Agreement by (a) its
failure to clean the shelters and the area within a five foot perimeter
on a twice monthly basis as provided in Section 4 of the Agreement; (b)
its failure to compensate the City as outlined in Section 12 of the
Agreement; and (c) its failure to maintain insurance as provided in
Section 18 of the Agreement; and
WHEREAS, Section 13 of the Agreement provides that, upon any
1 termination of the agreement, RayMar shall immediately remove all of
2 its shelters, including foundations, and if RayMar fails to do so
3 within sixty (60) days after the notice to do so is mailed by the City,
4 City may remove such shelters and RayMar shall pay to the City the cost
5 of such removal; and
6 WHEREAS, Section 15 of the Agreement provides that the City
7 may terminate the Agreement for substantial cause after giving RayMar
8 prior notice and opportunity to be heard prior to such termination; and
9 WHEREAS, the Director of Community Services & Water has
10 recommended that the Agreement with RayMar be terminated; and
11 WHEREAS, the City Council believes it is in the best interest
12 of the City of Vernon to terminate the Agreement.
13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
14 CITY OF VERNON AS FOLLOWS:
15 SECTION 1: The City Council of the City of Vernon hereby
16 finds and determines that the recitals contained hereinabove are true
17 and correct.
18 SECTION 2: The City Council of the City of Vernon hereby
19 terminates Encroachment License Agreement No. 389 with RayMar.
20 SECTION 3: The City Council of the City of Vernon hereby
21 directs the City Clerk, or her designee, to send a copy of this
22 Resolution to:
23 RayMar Productions
Attn. Raymond A. Peloso
24 P.O. Box 5370-286
25 Santa Ana, CA 92704
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1 SECTION 4: The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 5th day of May, 2008.
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Name: Leonis C. Malburg
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8 Title: Mayor
9 AT EST:
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11 UELA GIRON, City Clerk
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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. 9608, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, May 5, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
b&NUELA GIRO City Clerk
- 4 -
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
May 21, 2008
Mr. Raymond A. Peloso
RayMar Productions
P.O. Box 5370-286
Santa Ana, CA 92704
Re: Termination of Encroachment License Agreement No. 389
Dear Mr. Peloso:
Transmitted herewith is a copy of Resolution No. 9608,
terminating the above -referenced encroachment license agreement,
approved by City Council on May 5, 2008.
If you have any questions regarding this matter, please call Mr.
Kevin Wilson, at (323) 583-8811 ext. 245.
Very truly yours,
ellY Gi n
City Clerk
NG:dr
Enclosure
c: Martha Valenzuela
Kevin Wilson
Resolution No. 9608
Encroachment License Agreement No. 389
Excfusivefy Industfiaf