Resolution No. 2010-018RESOLUTION NO. 2010-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE TERMINATION OF
WINDOWBOX.COM, INC.'S LEASE OF A PORTION OF THE
PARKING AREA LOCATED AT 2265 38TH STREET IN THE
CITY OF VERNON
WHEREAS, on April 16, 2007, the City Council of the City of
Vernon adopted Resolution No. 9290 authorizing the execution of a
Lease of Parking Lot (the "Lease") with Windowbox.com, Inc.
("Windowbox") for the leasing of a portion of a fenced parking area
located at 2265 38th Street (the "Property") at the rental rate of $525
per month for outdoor storage of stable, inert materials from
April 16, 2007 to June 30, 2008; and
WHEREAS, on July 1, 2008, the Lease automatically became a
month -to -month lease terminable upon 30-days prior written notice for
a rental increase of 3% on July 1 of every year; and
WHEREAS, the Director of Community Services & Water was
advised that Windowbox vacated the Property sometime in late November
2009; and
WHEREAS, on December 8, 2009, the City Administrator sent an
overnight letter notifying Windowbox that Vernon was terminating the
Lease and requesting Windowbox to vacate the Property, to remove all
property from the site within 30-days, or January 7, 2010, to return
the Property to the condition it was in at the time the Lease was
executed and to pay all rent due in full; and
WHEREAS, in December of 2009, the Director of Community
Services & Water confirmed with Ben Swett, owner of Windowbox, that
the Property had been vacated;.and
WHEREAS, by Staff Report dated January 20, 2010, the
Director of Community Services & Water recommends that the Lease with
Windowbox be terminated for breach of the Lease; and
WHEREAS, the Director of Community Services & Water has
ascertained that the Property was left in an acceptable condition; and
WHEREAS, by Invoice No. 5092, the Finance Department of the
City sent a statement to Windowbox indicating rent of $540.75 per
month for the months of September, October and November of 2009, for a
total of $1,622.25, was due and owing to the City.
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 and authorizes the termination of the Lease and ratifies the
notice of termination sent out by the City Administrator on
December 8, 2009, a copy of which is attached hereto as Exhibit A and
incorporated herein by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to take whatever
action is deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution.
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SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 1st day of February, 2010.
ATTEST:
L&NfUELA GIRON,-Ci-y Clerk
�.� % -
Name: Hilario Gonzales
Title: Mayor
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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. 2010-18,
was duly passed, approved and adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on Monday,
February 1, 2010, and thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City
-�of,Vernon.
104
Executed thise' day of February, 2010, at Vernon, California.
(SEAL)
A�-
MANUELA GIRON, City Clerk
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EXHIBIT A
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
December 8, 2009
Ben Swett
Windowbox.com, Inc.
3821 South Santa Fe Avenue
Vernon, California 90058
Dear Mr. Swett:
V-6
Via FedEx Ovemieht
The City of Vernon and Windowbox.com, hie. entered into a Lease of Parking Lot Agreement
(Agreement) on April 16, 2007 for a fenced parking area located at 2265 380i Street.
Section 2 of the Agreement sets forth the terms of the Agreement and states that on July 1, 2008 the
lease shall automatically, without further action by either party, become a month to month Lease, which month
to month Lease shall be terminable by either party upon 30 days prior written notice to the other, with or without
cause, and without penalty or termination fee.
This letter shall serve as the City of Vernon's termination notice of said lease. Therefore,
Windowbox.com, Inc. shall remove all property from the site and vacate the premises within 30 days of this
notice. The property shall be returned to the condition it was in at the time the lease was executed and all bank
rent shall be paid in full.
DOGSKW/ca
Donal O'Callaghan
City Administrator
FCclusively Industrial
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: February 2, 2010
TO: S. Kevin Wilson, Director of Community Services & Water
FROVelly Giron, City Clerk
RE:esolution No. 2010-18 - A Resolution of the City Council of
he City of Vernon Approving and Authorizing the Termination
of Windowbox.com, Inc.'s Lease of a Portion of the Parking
Area Located at. 2265 38th Street in the City of Vernon
Transmitted herewith is a copy of Resolution No. 2010-18 referenced
above, which was approved by City Council on February 1, 2010.
Thank you.
NG : dj
c: Rory Burnett
Masami Higa
Alex Kung
Joaquin Leon
Resolution No. 2010-18
V
RECEIVED APPROVED �113 0 1 °10 CITY COUNCIL
JAN 2 1 2010
CITY CLERK'S OFFICE
STAFF REPORT
COMMUNITY SERVICES & WATER DEPARTMENT
V-6
DATE: January 20, 2010
TO: Honorable Mayor and City Council �'LP `o
f
FROM: Samuel Kevin Wilson Director of Community Services & Water
RE: WINDOWBOX.COM, INC.
The City of Vernon and Windowbox.com, hie. entered into a Lease of Parking Lot Agreement
(Agreement) on April 16, 2007 for a fenced parking area located at 2265 3 8 h Street.
Section 2 of the Agreement sets forth the terms of the Agreement and states that on July 1, 2008 the
lease shall automatically, without further action by either party, become a month to month Lease, which month
to month Lease shall be terminable by either party upon 30 days prior written notice to the other, with or without
cause, and without penalty or termination fee.
I was advised that Windowsbox.com, Inc. vacated the premises sometime in late November. A notice
was sent to Windowbox.com, Inc. advising of the City of Vernon's intent to terminate said lease (copy
attached). Mr. Ben Swett, owner of Windowbox.com, Inca contacted me and confirmed that the site has been
vacated.
It is recommended that the Lease of Parking Lot Agreement between the City and Windowbox.com,
Inc. be terminated for non-payment.
SKW/ca
Enclosure
C 1FT1
JAN 2 P ?.010
COMMUNITY SERVICES Sc 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
December 8, 2009
Ben Swett
Windowbox.com, Inc.
3821 South Santa Fe Avenue
Vernon, California 90058
Dear Mr. Swett:
V-6
Via FedEx Overnieht
The City of Vernon and Windowbox.com, Inc. entered into a Lease of Parking Lot Agreement
(Agreement) on April 16, 2007 for a fenced parking area located at 2265 38" Street.
Section 2 of the Agreement sets forth the terms of the Agreement and states that on July 1, 2008 the
lease shall automatically, without further action by either party, become a month to month Lease, which month
to month Lease shall be terminable by either party upon 30 days prior written notice to the other, with or without
cause, and without penalty or termination fee.
This letter shall serve as the City of Vernon's termination notice of said lease. Therefore,
Windowbox.com, Inc. shall remove all property from the site and vacate the premises within 30 days of this
notice. The property shall'be returned to the condition it was in at the time the lease was executed and all bank
rent shall be paid in full.
DOGSKW/ca
Sincerely,
Donal O'Callaghan
City Administrator
E#Iusivefy Industriaf
OF VP
s�''eir �xvo
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
v-6
TO: Donal O'Callaghan, City Administrator
FROM: Samuel Kevin Wilson Director of Community Services & Water
DATE: January 20, 2010
SUBJECT: WINDOWBOX.COM, INC.
The City of Vernon and Windowbox.com, Inc. entered into a Lease of Parking Lot Agreement
(Agreement) on April 16, 2007 for a fenced parking area located at 2265 386' Street.
Section 2 of the Agreement sets forth the terms of the Agreement and states that on July 1, 2008 the
lease shall automatically, without further action by either party, become a month to month Lease, which month
to month Lease shall be terminable by either party upon 30 days prior written notice to the other, with or without
cause, and without penalty or termination fee.
I was advised that Windowsbox.com, Inc. vacated the premises sometime in late November. A notice
was sent to Windowbox.com, hie. advising of the City of Vernon's intent to terminate said lease (copy
attached). Mr. Ben Swett, owner of Windowbox.com, hie. contacted me and confirmed that the site has been
vacated.
Enclosed is a Staff Report recommending that the Lease of Parking Lot Agreement between the City
and Windowbox.com, Inc. be terminated for non-payment.
Please place this item on the next City Council meeting agenda.
SKW/ca
Enclosures
P�ECF—
BY- a:ys