Resolution No. 2010-125RESOLUTION NO. 2010-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNONTERMINATING ENCROACHMENT LICENSE AGREEMENT
NO. 379 BY AND BETWEEN THE CITY OF VERNON AND
TISSURAMA INDUSTRIES, INC.
WHEREAS, on December 20, 1994, the City Council of the City
of Vernon adopted Resolution No. 6560 approving Encroachment License
Agreement No. 379 (the "Agreement") by and between the City of Vernon
and Tissurama Industries, Inc. ("Tissurama") to place, maintain and
operate one telephone line and one 2" stainless steel air line with a
1/2" (one-half inch) steel support cable whose centerline is above and
across the centerline of Sierra Pine Avenue in the City of Vernon
(collectively, the "Encroaching Facilities"); and
WHEREAS, Section 6 of the Agreement provides that in the
event Tissurama fails to utilize the Encroaching Facilities for six
(6) consecutive months during any period of time after they had been
placed in operation, the City Council of the City of Vernon has the
right, in its sole discretion, to terminate the Agreement; and
WHEREAS, the building which benefitted from the Encroaching
Facilities was demolished on or about October 5, 2006, and the
Encroaching Facilities have been removed for a period in excess of six
(6) consecutive months; and
WHEREAS, by memorandum dated August 9, 2010, the Director of
Community Services & Water has recommended that the Agreement with
Tissurama be terminated; and
WHEREAS, the City Council believes it is in the best interest
of the City of Vernon to terminate the Agreement.
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
terminates Encroachment License Agreement No. 379 with Tissurama.
SECTION 3: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a copy
of this Resolution to Tissurama.
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 20th day of September, 2010.
ATTFiST':
Name: Hilario Gonzales
Title: Mayor / \i�la o �=r
2
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2010-125, 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, September 20, 2010, and thereafter was duly signed by
the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this %fir day of September, 2010, at Vernon, California.
e55—
WAlG. guc i City Clerk
(SEAL)
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OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
September 21, 2010
Tissurama Industries, Inc.
3001 Sierra Pine Avenue
Vernon, CA 90058
Re: Termination of Encroachment License Agreement No. 379
To Whom It May Concern:
Transmitted herewith is a copy of Resolution No. 2010-125, terminating the above -referenced
encroachment license agreement, approved by City Council on September 20, 2010.
If you have any questions regarding this matter, please call Mr. Kevin Wilson, at (323) 583-8811
ext. 245.
Very t ly yours,
WILLARD G. A A C I
City Clerk
WGY:dj
Enclosure
c: Martha Valenzuela
Kevin Wilson
Resolution No. 2010-125, 6560
Encroachment License Agreement No. 379
E#haivefy Industriaf
RECEIVE®
AUG 1 0 2010
CITY CLERK'S OFFICE
STAFF REPORT
COMMUNITY SERVICES & WATER DEPARTMENT
L-5
DATE: August 9, 2010
TO: Honorable Mayor and City Council w
0'
FROM: Samuel Kevin Wilson; Director of Community Services & Water
RE: ENCROACHMENT LICENSE AGREEMENT NO. 379
On December 27, 1994 the City Council approved Encroachment License (Agreement) No. 379
under Resolution No. 6560. The agreement was issued to Tissurama Industries, Inc. to place and
maintain and operate one telephone line and 2" stainless steel air line with a'/2" steel support cable whose
centerline is above and across the centerline of Sierra Pine Avenue in the City of Vernon.
The building was demolished and the cable and airline have been removed. It is recommended
that Encroachment License Agreement No. 379 be terminated.
SKW/reg
Enclosure
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RESOLUTION NO. 6560
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND AUTHORIZING
THE EXECUTION OF ENCROACHMENT LICENSE
AGREEMENT NO 379 BY AND BETWEEN THE CITY
OF VERNON AND TISSURAMA INDUSTRIES, INC.
WHEREAS, Tissurama Industries, Inc. has filed an
application for an encroachment license agreement pursuant to
Vernon City Code Section 22.66 for one telephone line and one
2" stainless steel air line with a %I' steel support cable the
centerline of which is above and across the centerline of
Sierra Pine Avenue; and
WHEREAS, the City Council is authorized to issue an:
encroachment license pursuant to Chapter 22, Article VI,
Encroachments, of the Code of the City of Vernon which license
shall be valid for a period of twenty-five (25) years unless
otherwise stated; and
WHEREAS, the City Council adopted Resolution No. 5088
on February 21, 1984,.authorizing fees for encroachment
licenses; and
WHEREAS, the Acting Director of Community Services
has recommended approval of Encroachment License Agreement No.
379.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
rHE CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained
zereinabove are true and correct.
SECTION 2: The City Council of the City of Vernon
a
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hereby approves the Encroachment License Agreement No. 379, a
copy of which has been presented to the City Council concurrently
with this resolution,- and the City Council hereby orders said
Agreement to be received and filed by the City Clerk.
SECTION 3: The City Council of the City of Vernon
hereby authorizes the Mayor and the City Clerk to execute said
Agreement for, and on behalf of, the City of Vernon.
SECTION\4: 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 20th day of December, 1994.
EONIS C�MAL�80�,May
r
ATTEST:
BRUCE V. MALKENHORST, City Clerk
-2-
S
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2 STATE OF CALIFORNIA )
3 ) ss.
COUNTY OF LOS ANGELES )
4 I, BRUCE- V. MALKENHORST, City Clerk of the City..of
5 Vernon, do hereby certify that the foregoing Resolution, being
fi Resolution No. 6560, was duly adopted by the City Council of the
7 City of Vernon at a regular meeting of the City Council duly held
8 on Tuesday, December 20, 1994, and thereafter was duly signed by
9 the Mayor of the City of Vernon.
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12 BRUCE V. MALKENHORST, City Clerk
13 (SEAL)
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ENCROACHMENT LICENSE AGREEMENT NO. 379
THE CITY OF VERNON, a municipal corporation of the
State of California, as Licensor (hereinafter referred to as
"City") and Tissurama Industries, Inc. (hereinafter referred
Ito as "Licensee") do hereby agree as.follows:
1. City hereby grants to Licensee a license, for a
term of twenty-five (25) years from and after the date
hereof, to place and maintain and operate one telephone line
and one 21, stainless steel air line with a 341, steel support
cable whose centerline is above and across the centerline of
Sierra Pine Avenue in the City of Vernon, approximately five
hundred ten feet south of the centerline of 2Gth Street in
the City of Vernon, 'as shown on engineer's drawing marked
exhibit "A" attached hereto and made a part hereof as though
Ifully set forth herein.
2. This license is granted subject to the terms and
conditions set forth in the Code of the City of Vernon,
Chapter 22, Article IV, and the acceptance hereof shall
evidence the Licensee's agreement to all terms and
conditions herein.
3. Licensee shall during the life of this License,
pay to the City of Vernon, the issuance fee of One Thousand
23 Two Hundred and Fifty Dollars ($1,250.00), payable prior to
24 the granting of the license and the annual renewal fee of
25 one Hundred Eighty-one
g y-one Dollars and Forty Cents ($181.40) in
26 advance of the �_ day of ��51 P.�� of each Y ear
27 hereafter during the term of this License Agreement. This
28 annual renewal fee shall be revised in accordance with the
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I changes in the Consumers Price Index published by the United
2 States Department of Labor, Bureau of Labor Statistics for
3 Urban Wage Earners and Clerical Workers -Annual Average - Los
4 Angeles - Anaheim - Riverside Area, California - all items.
5 In the event said Index as of the anniversary date is higher
6 than said Index for the issuance date, the renewal fee shall
7 be increased effective the anniversary date by multiplying p ying
8 said renewal fee by a fraction, the numerator of which is
9 the Index for the current anniversary date and denominator
10 of which is the Index existing on the issuance date. There
11 shall be no reduction in fees by operation of this
12 provision. If, in the future, said Index shall be changed
13 so that the base year differs from that used as of the date
14 of commencement of the term hereof, it shall be converted in
15 accordance with the conversion factor published by the
16 United States Department of Labor, Bureau of Labor
17 Statistics. In the event said Index is discontinued or
18 revised during the term of this Agreement, such other
19 governmental Index or computation with which it is replaced,
20 shall be used in order to obtain substantially the same
21 result that would be obtained if said present Index had not
22 been discontinued or revised.
23 4. Licensee shall secure and keep in full force and
24 effect at all times during the term of this license general
25 liability insurance in the amounts determined by the City of
26 Vernon on an annual basis and shall file proof thereof with
27 the City Clerk, which proof shall include the following:
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(1) A standard certificate of insurance.
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1 (2) An endorsement naming the City of Vernon, its
2 officers, and employees as insureds under
3 this policy.
4 (3) An endorsement, providing the City of Vernon
5 thirty (30) days notice of cancellation or
6 material reduction of coverage.
7 (4) A notarized letter from the underwriter or
8 carrier certifying that the coverage and
9 statements in the standard certificate of
10 insurance (attached thereto) are true and
11 correct and that the signator is an officer
12 authorized to so certify.
13 S. Licensee shall maintain said telephone line and
14 support cable in first class condition to the satisfaction
15 of the City of Vernon, and.Licensee shall not construct any
16 encroachment pursuant to this license without having
17 received a permit therefor from the City of Vernon.
18 6. In the event that Licensee shall fail to utilize
19 the telephone line and support cable covered by this license
20 for a consecutive period of six (6) months during any period
21 of time after it has been placed in operation, the City
22 Council of the City of Vernon shall have the right, at its
23 sole discretion, to declare this license terminated.
24 7. Licensee shall not sell, transfer, assign or lease
25 this license, or any part hereof, or any of the rights or
26 privileges granted hereby. Licensee may not assign its
27 duties hereunder, and may not assign its rights hereunder to
28 a public utility.
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8. In the event Licensee shall fail to keep, fulfill
or perform any of the terms or conditions of this license
and shall fail to remedy such default within thirty (30) t-
days after written notice from the'City, the City may
declare this license terminated. Upon such a declaration of
termination this license shall be canceled and all of the
rights and privileges of Licensee under this license shall
be surrendered, and the City may thereafter exclude Licensee
from further use of the street under this license.
9. Licensee shall promptly repair at its own cost and
expense, to the satisfaction of the City of Vernon, any
damage caused to any street, alley or other public property
in the City of Vernon by reason of any breaks, or failure of
the facilities constructed, maintained, or operated under
this license; and if Licensee shall fail to comply with any
instructions of the City relative thereto within ten (10)
(days after the service of written notice upon Licensee
requiring compliance therewith, then the City may
immediately: do whatever work is necessary to carry out said
instructions at the cost and expense of said Licensee, which
costs by the acceptance of this license, said Licensee
agrees to pay upon demand.
10. In the event of the termination of this license
for any cause, Licensee shall at its own cost and expense,
upon City's request, remove the encroachment facilities.
this provision may be suspended by the City of Vernon at its
Sole discretion during such period as Licensee may be
iegotiating with the City of Vernon for renewal of this
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(license. If Licensee fails to remove the encroachment
facilities, City shall have the right to remove them at
Licensee's sole expense.
11. Tissurama Industries, Inc. shall become a member
agency of Underground Service Alert and perform all duties
as required by said agency.
12. Licensee shall preserve and save harmless the City
,and each officer and 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 constructions, thereof.
EXECUTED IN DUPLICATE this o2 7 clay of 1994.
CITY OF VERNON
'A Municipal Corporation
By �
R
L ONIS C. �WB�G,Mayo
ATTES
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
DAVID B. BREARLEY, City At rney
TISSURAMA INDUSTRIES, INC.
Licensee
By
Ali Behbahani
Title Vice President, Operations
Signature shall be NOTARIZED
R
CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF J-6 SJ C��
On i before me, V If tj C,
DATIf j�A� rt,
NAME. TITLE LE OF OFFICER - E.G.. 'JANF-DOE. NOTARY PUBLIC'/
personally appeared, — AA —I a "A 12 A-" A i
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and,that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
NOTARY PURL [1LL1UUA1lJaF___
11
VIPIN O. MODI
0 comm, #993600
OTAIRYPUBW CALIF(I)RNIAQ
,I&, LOS ANGELES COUNTY 0
My Comm. Expires May 2,1997
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT. C-0
DATE OF DOCUMENT NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
Lt e-
EXHIB/
T -
�
TISSUI?AlvA /IVDUSCR/ES INc.
26TH STREET
Q
fl
II II 2" stainless steel c
II airline with 112"
II II I steel cable support
22.5' above the street
12. 12" north of existing
telephone cable
I I ,
NO SCALE II Telephone cable crossin
II II Sierra Pine Avenue 9
20 feet above the
street. Cable has a 114"
50' core diameter
I
I
BANDINI BOULEVARD
EXHIBIT "A"`
Page 1 of 1
Juarez, Debbie Q U`
From: Arellano, Claudia
Sent: Tuesday, September 21, 2010 8:46 AM
To: Juarez, Debbie
Subject: ENCROACHMENT LICENSE AGREEMENT NO. 379
Good morning Deb,
The only information I found on Tissurama was from the California Secretary of State's database which
shows the status as suspended. As previously mentioned, Tissurama is no longer there. Nonetheless,
the address listed on the State database is 3001 Sierra Pine Avenue.
Claudia
9/21 /2010