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Resolution No. 100111 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 RESOLUTION NO. 10,011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A PUBLIC IMPROVEMENTS AGREEMENT NO. 20 BY AND BETWEEN THE CITY OF VERNON AND CHARLIE'S PRIDE MEATS WHEREAS, Charlie's Pride Meats ("CPM") has applied for a building permit and a condition of the permit is to construct sidewalk, driveways, curb ,and gutter (the "Improvements") for the property located at 5699 District Boulevard (the "Property"); and WHEREAS, in accordance with Section 26.5.2 of the City Code upon the issuance of a building permit the Director of Community Services may require that the owner of a lot make or pay for related street improvements; and WHEREAS, CPM is unable to perform the Improvements and has requested the City to construct the frontage improvements along District Boulevard east of Atlantic as part of the City's Capital Improvements Project; and WHEREAS, CPM has agreed to have the City construct the improvements to the sidewalk, driveways, curb and gutter in front of the Property and will pay $38,705.00 to the City for that purpose in three installments: the first payment of $12,901.67 due on July 1, 2009, has been paid, the second payment of $12,901.67 is due on July 1, 2010, and the last payment of $12,901.66 is due on July 1, 2011; and WHEREAS, by memo dated July 1, 2009, the Director of Community Services & Water has°recommended that the City enter into Public Improvements Agreement No. 20 with CPM for the Improvements; land 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF. THE 2 CITY OF VERNON AS FOLLOWS: 3 SECTION 1': The City Council of the City of Vernon hereby 4 finds and determines that the recitals contained hereinabove are true 5 and correct. 6 SECTION 2: The City Council of the City of Vernon hereby 7 approves the Public Improvements Agreement No. 20 with CPM, a copy of 8 which is attached hereto as Exhibit A and incorporated by reference. 9 SECTION 3: The City Council of the City of Vernon hereby 10 authorizes the Mayor or Mayor Pro-Tem to execute the Public 11 Improvements Agreement No. 20 with CPM for, and on behalf of, the City 12 of Vernon and the City Clerk, or Deputy City Clerk, is hereby 13 authorized to attest thereto. 14 SECTION 4: The City Council of the Vernon hereby directs 15 the City Clerk, or her designee, to send a fully executed Agreement 16 to. 17 Charlie's Pride Meats Attn: Robert Dickman, President 18 5699 District Boulevard 19 Vernon, CA 90058 20 21 22 23 24 25 26 27 28 2 - 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 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 13th day of July, 2009. ATTEST: k��"' �2 4� C UELA GIRON, Ci y Clerk Name: Hilario Gonzales Title: Mayor /3=ter Pro-Ti3 - 3 - 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 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. 10,011 was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, July 13, 2009, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) 4�1- MANUELA GIRON, City Clerk - 4 - EXHIBIT A 1 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PUBLIC IMPROVEMENTS AGREEMENT NO.20 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 5� day of JU^�2009. BY AND BETWEEN CITY OF VERNON, a municipal corporation (hereinafter referred to as "CITY") 4305 Santa Fe Avenue Vernon, CA 90058-0805 CHARLIE'S PRIDE MEATS, (hereinafter referred to as "COMPANY") 5699 District Blvd. Vernon, CA 90058 RECITALS WHEREAS, COMPANY has applied for a building permit and a condition of the permit is to construct sidewalk, driveways, curb and gutter in front of 5699 District Boulevard per the City of Vernon's Master Plan of Streets; and WHEREAS, COMPANY cannot do the work at this time and has requested the CITY to construct the frontage improvements along District Boulevard as part of the City's Capital Improvement Project; and WHEREAS, CITY will enter into a construction contract which will require the removal of existing improvements in the right-of-way and the construction of curb, gutter and sidewalk per the City of Vernon's Master Plan of Streets; and WHEREAS, COMPANY has agreed to have CITY perform or have performed the frontage improvement work of said streets at COMPANY's cost. AGREEMENT NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL PREMISES AND COVENANTS HEREIN SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1: CITY shall remove existing pavement located at 1 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 5699 District Boulevard and construct new frontage improvements. SECTION 2: COMPANY or its successor shall pay to the City on or before July 1, 2009 Twelve Thousand Nine Hundred and One dollars and Sixty -Seven Cents ($12,901.67), and on or before July 1, 2010 an additional Twelve Thousand Nine Hundred and One dollars and Sixty -Seven Cents ($12,901.67), and on or before July 1, 2011 an additional Twelve Thousand Nine Hundred and One dollars and Sixty -Six Cents ($12,901.66) for a. total payment of Thirty - Eight Thousand Seven Hundred and Five dollars ($38,705.00) as payment in full for said work described above. SECTION 3: 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: Attn: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058-0805 COMPANY: Attn: Robert Dickman, President Charlie's Pride Meats 5699 District Boulevard Vernon, CA 90058 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. SECTION 4: 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. -2- 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 1 ATTEST: I MANUELA G1RON, City Clerk CITY OF VERNON H1LAKlU--LAKKY'" UUNL,ALh�i, Mayor I APPROVED AS TO FORM: JEFF HARRISON, City Attorney COMPANY CHARLIE'S PRIDE MEATS Signature Print Name Title GJ V w Date 1JALG -3- a 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 July 16, 2009 Charlie's Pride Meats Attn: Robert Dickman, President 5699 District Boulevard Vernon, CA 90058 Re: Public Improvements Agreement No. 20 - Charlie's Pride Meats Dear Mr. Dickman: Transmitted herewith is a copy of the original fully executed agreement referenced above, approved by City Council on July 13, 2009, through Resolution No. 10,011. If you have any questions regarding this matter, please call Mr. Kevin Wilson, at (323) 583-8811 ext. 245. Very truly yours, A&1� Nelly Gi o City Clerk NG:dj c: Martha Valenzuela S. Kevin Wilson Resolution No. 10,011 Agreement File No. 09-097 ExcCusively Industfiaf 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 PUBLIC IMPROVEMENTS AGREEMENT NO.20 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 g/ day of JV^4--"2009. BY AND BETWEEN CITY OF VERNON, a municipal corporation (hereinafter referred to as "CITY") 4305 Santa Fe Avenue Vernon, CA 90058-0805. IAND RECITALS CHARLIE' S PRIDE MEATS, (hereinafter referred to as "COMPANY") 5699 District Blvd. Vernon, CA 90058 WHEREAS, COMPANY has applied for a building permit and a condition of the permit is to construct sidewalk, driveways, curb and gutter in front of 5699 District Boulevard per the City of Vernon's Master Plan of Streets; and WHEREAS, COMPANY cannot do the work at this time and has requested the CITY to construct the frontage improvements along District Boulevard as part of the City's Capital Improvement Project; and WHEREAS, CITY will enter into a construction contract which will require the removal of existing improvements in the right-of-way and the construction of curb, gutter and sidewalk per the City of Vernon's Master Plan of Streets; and WHEREAS, COMPANY has agreed to have CITY perform or have performed the frontage improvement work of said streets at COMPANY's cost. AGREEMENT NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL PREMISES AND COVENANTS HEREIN SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1: CITY shall remove existing pavement located at -1- 1 5699 District Boulevard and construct new frontage improvements. 2 SECTION 2: COMPANY or its successor shall pay to the City on or before July 3 1, 2009 Twelve Thousand Nine Hundred and One dollars and Sixty -Seven Cents ($12,901.67), 4 and on or before July 1, 2010 an additional Twelve Thousand Nine Hundred and One dollars and 5 Sixty -Seven Cents ($12,901.67), and on or before July 1, 2011 an additional Twelve Thousand 6 Nine Hundred and One dollars and Sixty -Six Cents ($12,901.66) for a total payment of Thirty- 7 Eight Thousand Seven Hundred and Five dollars ($38,705.00) as payment in full for said work 8 described above. 9 SECTION 3: Any notices, demands, or other communications required or 10 desired to be given or made under the terms of this Agreement shall be in writing and personally 11 served, or served by registered or certified mail, return receipt requested, deposited in the United 12 States Mail with postage thereon fully prepaid and addressed as follows: 13 CITY: 14 Attn: City Clerk City of Vernon 15 4305 Santa Fe Avenue Vernon, CA 90058-0805 16 COMPANY: 17 Attn: Robert Dickman, President 18 Charlie's Pride Meats 5699 District Boulevard 19 Vernon, CA 90058 20 Any notice, demand or other communication shall be deemed given or made on 21 the day personally served, or, if service is by mail, three (3) days following the date such notice 22 was deposited in the United States mail with postage thereon fully prepaid. 23 SECTION 4: This Agreement may be executed in counterparts, each of which so 24 executed shall be deemed an original irrespective of the date of the execution, and said 25 counterparts, together shall constitute one and the same agreement. 26 27 28 -2- 11 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2'0 21 22 23 24 25 26 27 28 CITY OF VERNON HILARIO "LARRY" GONZALES, Mayor ATTEST: APPROVED AS TO FORM: 49 &ftA4GIRM,ity Clerk JEF% SON, City Attorney COMPANY CHARLIE'S PRIDE MEATS Signature Print Name Title �J V o w /v�� Date 1 () / Signature_ Print Name Date -3- DATE: July 1, 2009 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: PUBLIC IMPROVEMENT AGREEMENT WITH CHARLIE'S PRIDE MEATS Charlie's Pride Meats applied for a building permit and in accordance with Section 26.5.2 of the City Code upon the issuance of a building permit the Director of Community Services may require that the owner of a lot make or pay for related street improvements. The property's frontage is currently not improved and I have required the owner to construct sidewalk, driveways, curb and gutter in front of 5699 District Boulevard per the City of Vernon's Master Plans of Streets. Because of the existing grade of the street, Charlie's Pride cannot do the work at this time and has requested the City to construct the frontage improvements as part of the City's Capital Improvement Project on District Boulevard east of Atlantic. A Public Improvement Agreement was drafted by the City and executed by Charlie's Pride Meats. Charlie's Pride Meats has requested to pay the total cost of $38,705.00 in three installments. The first payment of $12,901.67 is due on July 1, 2009. An additional payment of $12,901,67 is due on July 1, 2010 and the last payment of $12,901.66 due on July 1, 2011. It is recommended that City Council approve the Public Improvement Agreement between Char;ie's Pride Meats and the City of Vernon with an effective date of July 1, 2009. SKWArn Enclosure e xC JUL 0 2 2009 CITY CLERK'S OFFICE lGs "SLY'"9 COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDIJM- A-6 TO: Donal O'Callaghan, City Administrator FROM: Samuel Kevin Wilson; Director of Community Services & Water DATE: July 1, 2009 SUBJECT: PUBLIC IMPROVEMENT AGREEMENT WITH CHARLIE'S PRIDE MEATS Charlie's Pride Meats applied for a building permit and in accordance with Section 26.5.2 of the City Code upon the issuance of a building permit the Director of Community Services may require that the owner of a lot make or pay for related street improvements. The property's frontage is currently not improved and I have required the owner to construct sidewalk, driveways, curb and gutter in front of 5699 District Boulevard per the City of Vernon's Master Plans of Streets. Because of the existing grade of the street, Charlie's Pride cannot do the work at this time and has requested the City to construct the frontage improvements as part of the City's Capital Improvement Project on District Boulevard east of Atlantic. A Public Improvement Agreement was drafted by the City and executed by Charlie's Pride Meats. Charlie's Pride Meats has requested to pay the total cost of $38,705.00 in three installments. The first payment of $12,901.67 is due on July 1, 2009. An additional payment of $12,901.67 is due on July 1, 2010 and the last payment of $12,901.66 due on July 1, 2011. Attached is a Staff Report recommending that City Council approve the Public Improvement Agreement between Charlie's Pride Meats and the City of Vernon. SKWArn Enclosures FR-F-C I'VED 1 2009 '