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Resolution No. 2011-038RESOLUTION NO. 2011-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF ENCROACHMENT LICENSE AGREEMENT NO. 402 BY AND BETWEEN THE CITY OF VERNON AND SWEETENER PRODUCTS COMPANY AND RESCINDING ENCROACHMENT LICENSE AGREEMENT NO. 355 WHEREAS, on September 21, 1982, the City Council of the City of Vernon approved Encroachment License Agreement No. 355 with Sweetener Products Company ("Sweetener") to construct, operate and maintain a drainage line in Irving Street and the alley east of Irving Street approximately 175 feet north of the centerline on 38th Street; and WHEREAS, Encroachment License Agreement No. 355 has expired; and WHEREAS, Sweetener has requested to enter into a new Encroachment License Agreement (the "Agreement") for another twenty- five (25) years; 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, Sweetener has provided proof of the required insurance, and has paid the issuance fee of Two Thousand Five Hundred Dollars and No Cents ($2,500.00) and the first annual renewal fee of Five Hundred Forty Dollars and Forty Cents ($540.40); and WHEREAS, by memo dated February 22, 2011, the Director of Community Services & Water has recommended the approval of Encroachment License Agreement No. 402 with Sweetener for a period of twenty-five (25) years, subject to the terms and conditions of the aforesaid Article VI of Chapter 22 of the Code of the City of Vernon; and WHEREAS, the City Council believes it is in the best interest of the City of Vernon to enter into Encroachment License Agreement No. 402. 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 the Encroachment License Agreement No. 402 with Sweetener Products Company, a copy of which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send a fully executed Agreement to: Sweetener Products Company Attn: Mr. Joe Tack, President 2050 East 38th Street Vernon, CA 90058 2 SECTION 5: 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 15th day of March, 2011. Name: H lario Gonzales Title: Mayor ATTE Willard G. Ya chi, ity Clerk _3- 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. 2011-38, 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 Tuesday, March 15, 2011, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of March, 2011, at Vernon, California. y illard G. Y m guco, City Clerk (SEAL) 4 EXHIBIT A 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 21 28 ENCROACHMENT LICENSE AGREEMENT NO.402 THE CITY OF VERNON, a municipal corporation of the State of California, as licensor (hereinafter referred to as "City") and Sweetener Products Company, as licensee (hereinafter referred to as "Licensee") do hereby agree as follows: 1. This Encroachment License Agreement No. 402 (hereinafter referred to a: "License Agreement") shall replace and supersede the terms -and conditions of Encroachment License Agreement No. 355 between the City and Licensee. Encroachment License Agreement No.- 355 was approved and adopted by the Lity Council of the City on September 21, 1982. 2. City has all requisite power of authority to enter into this License Agreement. Subject to the right of the City to terminate this License Agreement as herein provided, the City hereby grants to Licensee a license for a term of twenty-five (25) years from V Y.; and after the date of this License Agreement (hereinafter referred to as "Issuance Date") to operate and maintain a'drainage line in Irving Street and the Alley east of Irving Street in the 'City, approximately one hundred severity -five (175) feet north of the centerline of 38a' Street in the City, as shown on engineer's' drawing marked Exhibit "A" attached hereto and made a part hereof as though fully set forth Herein and described. 3. The license herein granted is subject to the existing and future terms and conditions set forth in the Code of the City of Vernon, Chapter 22 Article VI, and which are incorporated herein by this reference. 4. The effectiveness of the license granted hereunder shall be conditioned on the payment by Licensee to the City of 'an issuance fee of Two Thousand Five Hundred Dollars ($2,500.00). Licensee shall also pay to 'the City an annual renewal fee of Five Hundred Forty `Dollars and Forty Cents ($540.40) payable each year during the tern of the license on or before the anniversary of the Issuance Date. The annual renewal fee shall be adjusted each year to reflect the changes in the Consumers Price Index published by the United States Department of Labor, Bureau of Labor Statistics for Urban Earners and Clerical Workers -Annual Average — Los Angeles — Anaheim -Riverside area, California - all items (hereinafter referred to as "Index"). ,In the event the Index, as of the anniversary of the Issuance Date, is higher than said 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 Index existing on the Issuance Date, the annual renewal fee shall be increased effective on the anniversary date of this License Agreement by multiplying the annual renewal fee by a fraction, the numerator of which is the Index for the current anniversary date and denominator of which is the Index existing on the Issuance Date. There shall be no reduction in the annual renewal fee bi operation of this provision. If, in the future, the Index shall be changed so that the base year differs from that used as of the Issuance Date, it shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. In the event the Index is discontinued or revised during the term of this License Agreement; suchothergovernmental index or computation with which it is replaced shall be used in order to obtain substantially the same result that would be obtained if the Index had not been discontinued or revised. 5. The grant of this license is effective only upon further consideration that Licensee shall file with and shall thereafter at all times during the term of this License Agreement keep effective and on file with the City a faithful performance bond in the penal sum of Twenty Thousand Dollars ($20,000), the amount of which shall at the request of the City be subject to an increase based upon changes to the Index and calculated as provided in Section 4 above. There shall be no reduction in the amount ,of the performance bond by operation of this provision. 6. In addition, the grant of this license is effective only upon further consideration that the Licensee shall file with and shall thereafter at all times during the term of this License Agreement keep in full force and effect general liability insurance in the amounts determined by the City 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, its officers, and employees as insured under this policy. (3) An endorsement providing the City thirty (30) days notice of ancellation or material reduction of coverage. 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 (4) Additional documents as required by the City. 7. Licensee shall maintain the City property in first class condition to the satisfaction of the City, and Licensee shall not construct any structure or improvement thereon without having received a permit therefor from the City. Upon completion of the activities of Licensee to be performed under the license granted hereby, Licensee, at its sole cost and expense, shall promptly return the City property to the condition it was in at the Issuance Date. Licensee shall exercise reasonable care in inspecting, cleaning, repairing and maintaining the drainage line in first class condition to the -satisfaction of the City. 8. In the event that Licensee shall fail -to utilize the City's-property covered by this License Agreement for a consecutive period of six (6) months during any period of time, the City Council of the City shall have the right, in its sole discretion, to declare this License Agreement terminated. 9. Upon notice from the Director of Community Services and Water of the City, Licensee shall promptly repair or restore at its own cost and expense, to the satisfaction of the City, any damage caused to any street, alley or other public or private property, in the City by reason of any breaks, or failure of the facilities constructed, maintained, or operated under this License Agreement; and if Licensee shall fail to comply with any instructions of the City relative thereto within thirty (30) 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 Agreement, the Licensee agrees to pay upon demand. Upon failure of Licensee to pay, City shall have an independent cause of action for recovery against the Licensee, the performance bond, and/or the performance bond and policies of insurance required by this License Agreement. 10. If, at any time during the term of this License Agreement, it becomes necessary to remove or relocate the drainage line in order to accommodate a construction project performed.by or on behalf of the City, Licensee shall at its own cost and expense promptly remove or relocate said facilities. 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 11. Licensee hereby assumes all liability for and agrees to indemnify the City and each officer and employee thereof and save them harmless from any and all claims, demands, -causes of action, liabilities, damages, costs and expenses (including reasonable attorney's fees and -court costs) arising from Licensee's operation, maintenance, inspection, replacement, repair, removal, existence, and use of the drainage line and any encroachment, except to the extent that such claims, demands, causes of action, liabilities, damages, costs or expenses result from the City's negligence or willful misconduct. Licensee agrees (at its cost) to -clean up and remediate any and all ground or water contamination that may result from the Licensee's operation; maintenance, inspection, removal, existence, and use of the drainage line, and restore the surface to the grade and condition existing prior.to Licensee's activities, in accordance with all applicable federal and state environmental laws. 12. Licensee shall not voluntarily or involuntarily sell, transfer, assign or the license granted hereby, or any part thereof, or any of its rights, privileges or obligations created hereby without the City's prior written consent (which consent may be granted or withheld in the sole and absolute discretion of the City). 13. In the event Licensee fails to keep, fulfill or timely perform any of its obligations hereunder, or otherwise comply with the terms or conditions of this License Agreement and does not remedy such failure within thirty (30) days after written notice from the City, the City may at its option terminate this License Agreement and the license granted hereby. Upon such termination the license granted hereby, and all of the rights and privileges of Licensee, shall automatically terminate without the need of any further action of the City. The City may thereafter exclude Licensee from further use of the street and alley affected by this License Agreement, 14. In the event of the termination of this License Agreement, Licensee shall promptly and at its own cost and expense, remove all encroaching facilities and improvements as the City in its reasonable discretion may decide. This provision may be suspended by the City in the exercise of its sole discretion during such period as Licensee may be negotiating with the City for renewal of this License Agreement. If Licensee is directed to remove the encroaching facilities and improvements and fails to do so, City shall have the right to remove them at 1 2 3 4 5 6 7 8 9 10. 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Licensee's sole expense, and shall have recourse for recovery of such costs against the Licensee and/or the performance bond. 15. Licensee shall indemnify, defend and hold the City and each officer and employee thereof harmless from any and all claims, demands, damages; causes of action, liabilities, costs and expenses (including reasonable attorneys' fees and court costs) arising from any failure of the Licensee to comply with the terms and provisions of this License Agreement. 16. 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, CA. 90058-0805 FAX: (323) 826-1422 LICENSEE: SWEETENER PRODUCTS COMPANY ATTN: MR. JOE TACK, PRESIDENT 2050 EAST 38" STREET VERNON, CALIFORNIA 90058 FAX: (323) 234-2789 5 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 EXECUTED IN DUPLICATE this day of 0011-0'L!Pt� 2010. 1 ATTEST: WILLARD YAMAGUCHI, City Clerk I APPROVED AS TO FORM: LAURENCE S. WIENER, City Attorney CITY OF VERNON HILARIO GONZALES, Mayor SWEETENER PRODUCTS COMPANY BY: to Siy�aature Vlwtf "—T ��t T rN� H �✓y� Print N� 40ra-v � Title Print Name V10 Title NOTE: Signatures shall be 6 EXHIBIT. "A" 2050 E. -38TH STREET PAGE 1 OF 1 ACKNOWLEDGMENT State of California County of Los Angeles On October 19, 2010 before me, W. Paul Gomez (insert name and title of the officer) personally appeared James J. Boltinghouse and Stephen Shanklin who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subs'cribed-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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official -seal, r W. PAUL (3OMEZ m C4MM, *1838633lu n, g NOTARY PUBLIC *CALIFORNIA L40S ANGELES COUNTY 01 „ MyCorrm.ExpiresFeb. 27,2013 Signature (Seal) L S A%ee51s 4-bZ. CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: March 16, 2011 TO: Martha Valenzuela, Director of Business Services/Personnel FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2011-38 — A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Encroachment License Agreement No. 402 By and Between the City of Vernon and Sweetener Products Company and Rescinding Encroachment License Agreement No. 355 Transmitted herewith is a copy of Resolution No. 2011-38, referenced above, which was approved by City Council on March 15, 2011, 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. WY:dj Attachments c: S. Kevin Wilson Resolution No. 2011-3 8 License Agreement No. 402 ~r OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 March 17, 2011 Mr. Joe Tack, President Sweetener Products Company 2050 East 38th Street Vernon, CA 90058 Re: Encroachment License Agreement No. 402 Dear Mr. Tack: Transmitted herewith is a fully executed encroachment license agreement as referenced above, approved by City Council on March 15, 2011. If you have any questions regarding this matter, please call Mr. Kevin Wilson, at (323) 583-8811 ext. 245. Ver ruly yours, WILLARD G. Y M GU City Clerk WGY:dj Enclosure c: Kevin Wilson Resolution No. 2011-3 8 Encroachment License Agreement No. 402 Excfusivefy 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 ENCROACHMENT LICENSE AGREEMENT NO.402 THE CITY OF VERNON,,a municipal corporation of the State of California, as licensor (hereinafter referred to as "City") and Sweetener Products Company, as licensee (hereinafter referred to as "Licensee") do hereby agree as follows: 1. This Encroachment License Agreement No. 402 (hereinafter referred to as "License Agreement") shall replace and supersede the terms and conditions of Encroachment License Agreement No. 355 between the City and Licensee. Encroachment License Agreement No. 355 was approved and adopted by the City Council of the City on September 21, 1982. 2. City has all requisite power of authority to enter into this License Agreement. Subject to the right of the City to terminate this License Agreement as herein provided, the City hereby grants to Licensee a license for a term of twenty-five (25) years from I Y , ., and after the date of this License Agreement (hereinafter referred to as "Issuance Date") to operate and maintain a drainage line in' Irving Street and the Alley east of Irving Street in the City, approximately one hundred seventy-five (175) feet north of the centerline of 38"' Street in the City, as shown on engineer's drawfng marked Exhibit "A" attached hereto and made a part hereof as though fully set forth Herein and described. 3. The license herein granted is subject to the existing and future terms and conditions set forth in the Code of the City of Vernon, Chapter 22 Article VI, and which are incorporated herein by this reference. 4. The effectiveness of the license granted hereunder shall be conditioned on the payment by Licensee to the City of an issuance fee of Two Thousand Five Hundred Dollars ($2,500.00). Licensee shall also pay to the City an annual renewal fee of Five Hundred Forty Dollars and Forty Cents ($540.40) payable each year during the term of the license on or before the anniversary of the Issuance Date. The annual renewal fee shall be adjusted each year to reflect the changes in the Consumers Price Index published by the United States Department of Labor, Bureau of Labor Statistics for Urban Earners and Clerical Workers -Annual Average — Los Angeles — Anaheim -Riverside area, California — all items (hereinafter referred to as "Index"). ,In the event the Index, as of the anniversary of the Issuance Date, is higher than said 1 I Index existing on the Issuance Date, the annual renewal fee shall be increased effective on the 2 anniversary date of this License Agreement by multiplying the annual renewal fee by a fraction, 3 the numerator of which is the Index for the current anniversary date and denominator of which is 4 the Index existing on the Issuance Date. There shall be no reduction in the annual renewal fee by 5 operation of this provision. If, in the future, the Index shall be changed so that the base year 6 differs from that used as of the Issuance Date, it shall be converted in accordance with the 7 conversion factor published by the United States Department of Labor, Bureau of Labor 8 Statistics. In the event the Index is discontinued or revised during the term of this License 9 Agreement, such other governmental index or computation with which it is replaced shall be 10 used in order to obtain substantially the same result that would be obtained if the Index had not 11 been discontinued or revised. 12 5. The grant of this license is effective only upon further consideration that 13 Licensee shall file with and shall thereafter at all times during the term of this License 14 Agreement keep effective and on file with the City a faithful performance bond in the penal sum 15 of Twenty Thousand Dollars ($20,000), the amount of which shall at the request of the City be 16 subject to an increase based upon changes to the Index and calculated as provided in Section 4 17 above. There shall be no reduction in the amount of the performance bond by operation of this 18 provision. 19 6. In addition, the grant of this license is effective only upon further 20 consideration that the Licensee shall file with and shall thereafter at all times during the term of 21 this License Agreement keep in full force and effect general liability insurance in the amounts 22 determined by the City on an annual basis and shall file proof thereof with the City Clerk, which 23 proof shall include the following: 24 (1) A standard certificate of insurance. 25 (2) An endorsement naming the City, its officers, and employees as 26 insured under this policy. 27 (3) An endorsement providing the City thirty (30) days notice of 2 8 ancellation or material reduction of coverage. 2 1 (4) Additional documents as required by the City. 2 7. Licensee shall maintain the City property in first class condition to the 3 satisfaction of the City, and Licensee shall not construct any structure or improvement thereon 4 without having received a permit therefor from the City. Upon completion of the activities of 5 Licensee to be performed under the license granted hereby, Licensee, at its sole cost and 6 expense, shall promptly return the City property to the condition it was in at the Issuance Date. 7 Licensee shall exercise reasonable care in inspecting, cleaning, repairing and maintaining the 8 drainage line in first class condition to the satisfaction of the City. 9 8. In the event that Licensee shall fail to utilize the City's property covered 10 by this License Agreement for a consecutive period of six (6) months during any period of time, 11 the City Council of the City shall have the right, in its sole discretion, to declare this License 12 Agreement terminated. 13 9. Upon notice from the Director of Community Services and Water of the 14 City, Licensee shall promptly repair or restore at its own cost and expense, to the satisfaction of 15 the City, any damage caused to any street, alley or other public or private property, in the City by 16 reason of any breaks, or failure of the facilities constructed, maintained, or operated under this 17 License Agreement; and if Licensee shall fail to comply with any instructions of the City relative 18 thereto within thirty (30) days after the service of written notice upon Licensee requiring 19 compliance therewith, then the City may immediately do whatever work is necessary to carry out 20 said instructions at the cost and expense of said Licensee, which costs by the acceptance of this 21 License Agreement, the Licensee agrees to pay upon demand. Upon failure of Licensee to pay, 22 City shall have an independent cause of action for recovery against the Licensee, the 23 performance bond, and/or the performance bond and policies of insurance required by this 24 License Agreement. 25 10. If, at any time during the term of this License Agreement, it becomes 26 necessary to remove or relocate the drainage line in order to accommodate a construction project 27 performed.by or on behalf of the City, Licensee shall at its own cost and expense promptly 28 remove or relocate said facilities. i 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 11. Licensee hereby assumes all liability for and agrees to indemnify the City and each officer and employee thereof and save them harmless from any and all claims, demands, causes of action, liabilities, damages, costs and expenses (including reasonable attorney's fees and court costs) arising from Licensee's operation, maintenance, inspection, replacement, repair, removal, existence, and use of the drainage line and any encroachment, except to the extent that such claims, demands, causes of action, liabilities, damages, costs or expenses result from the City's negligence or willful misconduct. Licensee agrees (at its cost) to clean up and remediate any and all ground or water contamination that may result from the Licensee's operation, maintenance, inspection, removal, existence, and use of the drainage line, and restore the surface to the grade and condition existing prior to Licensee's activities, in accordance with all applicable federal and state environmental laws. 12. Licensee shall not voluntarily or involuntarily sell, transfer, assign or lease the license granted hereby, or any part thereof, or any of its rights, privileges or obligations created hereby without the City's prior written consent (which consent may be granted or withheld in the sole and absolute discretion of the City). 13. In the event Licensee fails to keep, fulfill or timely perform any of its obligations hereunder, or otherwise comply with the terms or conditions of this License Agreement and does not remedy such failure within thirty (30) days after written notice from the City, the City may at its option terminate this License Agreement and the license granted hereby. Upon such termination the license granted hereby, and all of the rights and privileges of Licensee, shall automatically terminate without the need of any further action of the City. The City may thereafter exclude Licensee from further use of the street and alley affected by this License Agreement. 14. In the event of the termination of this License Agreement, Licensee shall promptly and at its own cost and expense, remove all encroaching facilities and improvements as the City in its reasonable discretion may decide. This provision may be suspended by the City in the exercise of its sole discretion during such period as Licensee may be negotiating with the City for renewal of this License Agreement. If Licensee is directed to remove the encroaching facilities and improvements and fails to do so, City shall have the right to remove them at 4 I Licensee's sole expense, and shall have recourse for recovery of such costs against the Licensee 2 and/or the performance bond. 3 15. Licensee shall indemnify, defend and hold the City and each officer and 4 employee thereof harmless from any and all claims, demands, damages, causes of action, 5 liabilities, costs and expenses (including reasonable attorneys' fees and court costs) arising from 6 any failure of the Licensee to comply with the terms and provisions of this License Agreement. 7 16. Any notice, communication, request, instruction or other document 8 required or permitted hereunder shall be in writing and deemed given when hand -delivered or 9 sent by confirmed facsimile or U.S. Mail service, to the following: 10 11 CITY: CITY OF VERNON ATTN: CITY ADMINISTRATOR 12 4305 SANTA FE AVENUE 13 VERNON, CA. 90058-0805 FAX: (323) 826-1422 14 LICENSEE: SWEETENER PRODUCTS COMPANY 15 ATTN: MR. JOE TACK, PRESIDENT 16 2050 EAST 38t'STREET VERNON, CALIFORNIA 90058 17 FAX: (323) 234-2789 18 19 20 21 22 23 24 25 26 27 28 5 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 EXECUTED IN DUPLICATE this `�1� day of ��''(��, 2010. CITY OF VERNON HILARIO GONZA ES, Mayor DVED.AS TO FORM: WILLARD G. YALUCHI, Interim City Attorney SWEETENER PRODUCTS COMPANY BY: F Signature Print Name`, Title By: Signature Print Name Uf° Title NOTE: Signatures shall be notarized. 6 EXHIBIT A EXHIBIT. "A" 2050 E. 38TH STREET it II 1 ' It R=45' it I i. L=70.M' it l ii 18' RCP i PUBLIC ALLEY lI i flf it � if - I ii I f it i it i It �, (CD it i f (y li ' it I it � j T �4 II i( PAGE 1 OF 1 ACKNOWLEDGMENT State of California County of Los Angeles On October 19, 2010 before me, W. Paul Gomez (insert name and title of the officer) personally appeared James J. Boltinghouse and Stephen Shanklin who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Of A W, PAUL GOMEZ COMM. #1838633� g NOTAWYPUBLIC -CALIFORNIA � LOS ANGELES COUNTY ,F „ MyCorrm Expires Feb. 27, 2013 Signature (Seal) -rrotc rto : Et�_Q'0KkA M�n� i L� L S STAFF REPORT COMMUNITY SERVICES & WATER DEPARTMENT L.-5 DATE: February 22, 2011 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilsoi ,, Director of Community Services & Water RE: ENCROACHMENT LICENSE AGREEMENT — SWEETENER PRODUCTS COMPANY On September 21, 1982 the City Council approved Encroachment License Agreement No. 355 (copy enclosed). The Agreement was issued to Sweetener Products Company to construct operate and maintain a drainage line in Irving Street and the alley east of Irving Street approximately 175 feet north of the centerline on 38t' Street. The term of the Agreement was for twenty-five (25) years and is now expired. Sweetener Products Company advised the City that they want to renew the Agreement. Encroachment License Agreement No. 402 was prepared by staff to extend the Agreement for an additional twenty-five (25) years with the same terms and conditions. Encroachment License Agreement No. 402 was reviewed and approved by the former City Attorney. Sweetener Products Company has executed Encroachment License Agreement No. 402 and has provided the required insurance. The insurance was approved by the Risk Management Department. A check in the amount of $3,040.40 was deposited with the City. These fees include $2,500.00 for the issuance fee and $540.40 for the first annual renewal fee. Enclosed is a Staff Report recommending that Encroachment License Agreement No. 402 be approved and the Mayor and City Clerk be authorized to sign. SKW/ca Enclosure OF Vk— RECEIV FEBn% //� y 1 1 CITY CLERgUNITY SERVICES & WATER DEPARTMENT - OFFICE MEMORANDUM 1-5 TO: Mark C. Whitworth, City Administrator FROM: Samuel Kevin Wilson, director of Commun?Services & Water DATE: February 22, 2011 SUBJECT: ENCROACHMENT LICENSE AGREEMENT — SWEETENER PRODUCTS COMPANY On September 21, 1982 the City Council approved Encroachment License Agreement No. 355 (copy enclosed). The Agreement was issued to Sweetener Products Company to construct operate and maintain a drainage line in Irving Street and the alley east of Irving Street approximately 175 feet north of the centerline on 3 8th Street. The term of the Agreement was for twenty-five (25) years and is now expired. Sweetener Products Company advised the City that they want to renew the Agreement. Encroachment License Agreement No. 402 was prepared by staff to extend the Agreement for an additional twenty-five (25) years with the same terms and conditions. Encroachment License Agreement No. 402 was reviewed and approved by the former City Attorney. Sweetener Products Company has executed Encroachment License Agreement No. 402 and has provided the required insurance. The insurance was approved by the Risk Management Department. A check in the amount of $3,040.40 was deposited with the City. These fees include $2,500.00 for the issuance fee and $540.40 for the first annual renewal fee. Enclosed is a Staff Report recommending that Encroachment License Agreement No. 402 be approved and the Mayor and City Clerk be authorized to sign. Please place this item on the next City Council meeting agenda. Thank you. SKW/ca Enclosures Page 1 of 1 -allano, Claudia From: Brandi Magana [BMagana@rwgiaw.com] on behalf of Jim G. Grayson [JGrayson@rwglaw.com] Sent: Wednesday, October 13, 2010 12:02 PM To: Arellano, Claudia Cc: Laurence S. Wiener Subject: Sweetener Products - Encroachment License Attachments: Sweetener Products Company - REDLINE 2v1 Encroachment License Agreement No. 402.DOC; Sweetener Products Company - Encroachment License Agreement No. 402.DOC Claudia: Attached are clean and redlined versions of the Encroachment License. The redlined version shows our suggested changes to the draft you emailed to Larry Weiner on October 12, 2010. Please call or email me if you have questions or comments. Jim G. Grayson Richards Watson & Gershon 355 South Grand Avenue 40th Floor Los Angeles, California 90071 Tel: (213) 626-8484 Fax: (213) 626-0078 Email: jgrayson@rwglaw.com NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. 10/13/2010 Page 1 of 1 Arellano, Claudia From: Barcia, Ana Sent: Wednesday, January 26, 2011 9:28 AM To: Arellano, Claudia Cc: Wilson, Kevin Subject: Pending Encroachment License Agreements Good morning Claudia, Please be advised that Sweetener Products Company has provided acceptable insurance coverage. Per our last conversation on Mass -Hansen Steel, the agreement was being review in order to determine whether it was necessary. Therefore, I have made no further efforts to communicate with Mass -Hansen for insurance requirements, please advise when the status is confirmed or if it changes. Thank you, Ana Barcia City of Vernon Risk Management Department T: 323) 583-8811 ex 286 F: 323) 826-1439 abarcia@ci.vernon.ca.us CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner. 1 /26/2011 Qt City of Vernon 4305 Santa Fe Ave Vernon, CA 90058 (323) 683-8811, Contact: SHIRLEY SALAS - (323) 583-8811 270. 0 SWEETENER PRODUCTS CO 2050 38TH\ST VERNON, CA 90058 CRY of Vernon INVOICE 6EN-07894 Page I of I 10121/2010 0234 3,040.40 pt gy 11/01 AMOUNT PAIDB�INI��INMI'IVIVII���I�NVVIMgIN�l�lk@� MAKE CHECKS PAYABLE TO CRY Of Vemon PLEASE DETACH AND RETURN WITH YOUR REMPTANCE FRANCHISE & LICENSE AGREEMENT ISSUANCE FEE FOR ENCROACHMENT LICENSE AGREEMENT NO. 402 FRANCHISE & LICENSE AGREEMENT ANNUAL RENEWAL FEE FOR ENCROACHMENT LICENSE AGREEMENT NO. 402 DO OCT 4s I/ 2,500.00 540.40 Total Amount Due: 1 3,040.40 APP P A NO. 0234 of Vernon 4305 Santa Fe Ave Vernon, CA 90058 (323) 583-8811 PAYABLE UPON 2 2 2010 BY BY 13Y 3,040.40 � —• 0 —• L7 Z37 =3 nA 0 CD -i C C-) O.0 r+ N � "5. - CD co m i# W -6 r O W J O. 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