Resolution No. 2012-101RESOLUTION NO, 2012-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
ENCROACHMENT LICENSE AGREEMENT NO. 410 BY AND
BETWEEN THE CITY OF VERNON AND NILE FINANCIAL
WHEREAS, Nile Financial ("Nile") has filed an application for
an encroachment license agreement pursuant to Vernon City Code Section
22.66 to operate, maintain, use, and/or replace a private fire service
water line and three Post Indicator Valves in the sidewalk at 4820 East
50°h Street; 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. 2011-36 on
March 15, 2011, authorizing fees for encroachment licenses; and
WHEREAS, Nile 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 Sixty
Dollars and Ninety Cents ($560.90); and
WHEREAS, by memo dated June 7, 2012, the Director of
Community Services & Water has recommended the approval of Encroachment
License Agreement No. 410 with Nile for a period of five (5) 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.
No. 410.
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 Encroachment License Agreement No. 410 with Nile Financial, 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:
Nile Financial
Attn: Mahasti Mashhoon
4525 District Blvd.
Vernon, CA 90058
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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 19th day of June, 2012.
Name: Wi liam J. Davis
Title / Mayor Pro -Tern
_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. 2012-101, 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, June 19, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this �'4 day of June, 201,�, at Vernon, California.
(SEAL)
r
WillWrd'G. y/anjagy%Ai, City Clerk
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EXHIBIT A
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ENCROACHMENT LICENSE AGREEMENT NO.410
The City of Vernon, a municipal corporation of the State of California, as
Licensor (hereinafter referred to as "City") and NILE FINANCIAL (hereinafter referred. to as
"Licensee"} does hereby agree as follows:
1. Licensor has all requisite power of authority to enter into this
Encroachment License Agreement. Subject to the right of the City to terminate this license for
reasonable cause, as defined below, the City hereby grants to Licensee a license for a term of
twenty-five (25) years from and after the date of this license to operate, maintain, use, and/or
replace a private fire service water line and three Post Indicator Valves (PIV valves) in the
sidewalk at 4820 East 50th Street in the City of Vernon as shown on engineer's drawing marked
Exhibit "A" attached hereto and made a part hereof as though fully set forth herein and described
as follows: South side of East 50th Street, approximately 47.88 feet to 356.58 feet east of the
centerline of Gifford Avenue.
2. This license is granted subject to.the terms and conditions set forth in the
Code of the City of Vernon, Chapter 22 Article VI, and the acceptance hereof shall evidence the
Licensee's agreement to all terms of said article and the additional conditions hereinafter
contained.
Licensee shall pay to the City of Vernon the issuance fee of Two
Five Hundred Dollars ($2,500.00), prior to the issuance of the license. Licensee shall
also pay to the City the annual renewal fee of Five Hundred Sixty Dollars and Ninety Cents
($560.90) payable each year during the term of the.license on or before the anniversary of the
date of this License Agreement.
This annual renewal fee shall be revised in accordance with 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. In the event said index, as of the anniversary date, is
higher than said index for the issuance date, the renewal fee shall be increased effective the
anniversary date by multiplying said renewal fee by a fraction, the numerator of which is the
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Index for the current anniversary date and denominator of which is the index existing on the
issuance date. There shall be no reduction in fees by operation of this provision. If, in the
future, said index shall be changed so that the base year differs from that used as of the date of
commencement of the term hereof, it shall be converted in accordance with the conversion facto
published by the United States Department of Labor, Bureau of Labor Statistics. In the event
said Index is discontinued or revised during the term of this Agreement, such other governments
Index or computation with which it is replaced, shall be used in order to obtain substantially the
same result that would be, obtained if said present index had not been discontinued or revised.
4. Licensee shall secure and keep in full force and effect at all times during
the term of this license, general liability insurance in the amounts determined by the City of
Vernon 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 of Vernon, its officers, and
employees as insured under this policy.
(3) An endorsement providing the City of Vernon thirty (30) days
of cancellation or material reduction of coverage.
(4) Additional documents as required by Risk Management.
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 life of this license keep on file
with the City of Vernon a faithful performance bond in the penal sum of Five Thousand Dollars
($5,000), the amount of which shall at the request of the City of Vernon be subject to an increase
in accordance with the Consumer Price Index cited in Section 3, above.
6. Licensee shall maintain the City property in first class condition to the
satisfaction of the City of Vernon, and Licensee shall not construct any structure without having
received a permit therefore from the City of Vernon. Upon completion of the activities to be
performed under the license, licensee shall remove the waterline and PIV valves.
7. Licensee shall obtain all necessary Federal, State, and Local Permits,
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including City of Vernon health permits, and no repair or construction shall be performed except,
in accordance with the provisions of Chapter 22 of the Vernon City Code pertaining to
encroachments to the extent they are not in conflict with any paramount authority of the State or
Federal Government. In the event that Licensee shall fail to utilize the City's property covered b}
this license for a consecutive period of six (6) months during any period of time after it has been
placed in operation, the City Council of the City of Vernon shall have the right, at its sole
discretion, to declare this license terminated.
If, at any time during the tern of this franchise, it becomes necessary to
remove or relocate the waterline and PIV valves in order to accommodate a construction project
performed by or on behalf of the City of Vernon, Licensee shall at its own cost and expense
promptly remove or relocate said facilities.
9. Licensee shall not sell, transfer, assign or lease this license, or any part
hereof, or any of the rights or privileges granted hereby. Licensee may not assign its duties
hereunder, and may not assign its rights hereunder to a public utility.
10. In the event Licensee fails to keep, fulfill or perform any of the terms or
conditions of this license and fails to remedy such default within thirty (30) days after written
notice from the City, the City may declare this license terminated. Upon such a declaration of
termination and failure to remedy such default this license shall be cancelled and all of the rights
and privileges of Licensee under this license shall be surrendered. The City may thereafter
exclude Licensee from further use of the street under this license.
11. In the event of the termination of this license, Licensee shall at its own
cost and expense, remove the encroachment facilities as the City in its reasonable discretion may
decide. This provision may be suspended by the City of Vernon at its sole discretion during such
period as licensee may be negotiating with the City of Vernon for renewal of this license. If
Licensee is directed to remove the encroachment facilities and fails to do.so, City shall have the
right to remove them at Licensee's sole expense, and shall have recourse for recovery of cost
against the licensee and/or the performance bond.
12. Licensee shall preserve and save harmless the City and each officer and
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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 construction
operation and or maintenance thereof
13. 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, CALIFORNIA 90058-0805
FAX: (323) 826-1438
LICENSEE: NILE FINANCIAL
ATTN: MAHASTI MASHHOON
4525 DISTRICT BOULEVARD
VERNON, CALIFORNIA 90058
FAX: (323) 587-8443
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EXECUTED IN DUPLICATE this day of - , 2012.
CITY OF VERNON
WILLIAM J. DAVIS, Mayor Pro-Tem
ATTEST:
WILLARD YAMAGUCHI, City Clerk .
APPROVED AS TO FORM:
WILLARD YAMAGUCHI, Chief Deputy City Attorney
NILE FINANCIAL
By:
Si ature
Pri t Name
G��e Ln, &,W 'Drk-k-ko
Titlei�+
By:
Signature
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Calif
County
On
personally appeared
CIVIL CODE § 11e9
who proved to me on the basis of satisfactory
evidence to be the person(e)`whose name(&)-islamr-
subscribed to the within instrument and acknowledged
to me that he/she/tom executed the same in
klWherRheir authorized capacity(iesy and that by
Ws/her gnature(sl- on the instrument the
DEBOHAH ANN BLACK
n It
Coary
person(s), or the entity upon behalf of which the
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person(�cted, executed the instrument.
Lot Ang" County
Epan Mar & 20151
1 certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS y h nd and fficia. jeal
Signature
Place Notary Seal Above Slgn, 1 otery Pub c
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OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
June 21, 2012
Mahasti Mashhoon
Nile Financial
4525 District Blvd.
Vernon, CA 90058
Re: Encroachment License Agreement No. 410
Dear Mr. Mashhoon:
Transmitted herewith is an original fully executed encroachment license agreement as referenced
above, approved by City Council on June 19, 2012.
If you have any questions regarding this matter, please call Mr. Vince Rodriguez, at (323) 583-
8811 ext. 220.
Very,)Afiy yours,
City Clerk
WGY:dj
Enclosure
c: Vince Rodriguez
Kevin Wilson
Resolution No. 2012-101
Encroachment License Agreement No. 410
ExcCu siveCy Industriaf
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ENCROACHMENT LICENSE AGREEMENT NO. 410
The City of Vernon, a municipal corporation of the State of California, as
Licensor (hereinafter referred to as"City') and NILE FINANCIAL (hereinafter referred.to as
"Licensee") does hereby agree as follows:
Licensor has all requisite power of authority to enter into this
Encroachment License Agreement. Subject to the right of the City to terminate this license for
reasonable cause, as defined below, the City hereby grants to Licensee a license for a term of
twenty-five (25) years from and after the date of this license to operate, maintain, use, and/or
replace a private fire service water line and three Post Indicator Valves (PIV valves) in the
sidewalk at 4820 East 50th Street in the City of Vernon as shown on engineer's drawing marked
Exhibit "A" attached hereto and made a part hereof as though fully set forth herein and describe(
as follows: South side of East 50th Street , approximately 47.88 feet to 356.58 feet east of the
centerline of Gifford Avenue.
2. This license is granted subject to :the terms and conditions set forth in the
Code of the City of Vernon, Chapter 22 Article VI, and the acceptance hereof shall, evidence the
Licensee's agreement to all terms of said article and the additional conditions hereinafter
contained.
Licensee shall pay to the City of Vernon the issuance fee of Two
Thousand Five Hundred Dollars ($2,500.00), prior to the issuance of the license. Licensee shall
also pay to the City the annual renewal fee of Five Hundred Sixty Dollars and Ninety Cents
($560.90) payable each year during the term of the license on or before the anniversary of the
date of this License Agreement.
This annual renewal fee shall be revised in accordance with 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. In the event said index, as of the anniversary date, is
higher than said index for the issuance date, the renewal fee shall be increased effective the
anniversary date by multiplying said renewal fee by a traction, the numerator of which is the
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Index for the current anniversary date and denominator of which is the index existing on the
issuance date. There shall be no reduction in fees by operation of this provision. If, in the
future, said index shall be changed so that the base year differs from that used as of the date of
commencement of the term hereof, it shall be converted in accordance with the conversion factc
published by the United States Department of Labor, Bureau of Labor Statistics. In the event
said Index is discontinued or revised during the term of this Agreement, such other government;
Index or computation with which it is replaced, shall be used in order to obtain substantially the
same result that would be obtained if said present index had not been discontinued or revised.
4. Licensee shall secure and keep in full force and effect at all times during
the term of this license, general liability insurance in the amounts determined by the City of
Vernon 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 of Vernon, its officers, and
employees as insured under this policy.
(3) An endorsement providing the City of Vernon thirty (30) days
of cancellation or material reduction of coverage.
(4) Additional documents as required by Risk Management.
The grant of this license is effective only upon further consideration that
Licensee shall file with and shall thereafter at all times during the life of this license keep on file
with the City of Vernon a faithful performance bond in the penal sum of Five Thousand Dollars
($5,000), the amount of which shall at the request of the City of Vernon be subject to an increase
in accordance with the Consumer Price Index cited in Section 3, above.
6. Licensee shall maintain the City property in first class condition to the
satisfaction of the City of Vernon, and Licensee shall not construct any structure without having
received a permit therefore from the City of Vernon. Upon completion of the activities to be
performed under the license, licensee shall remove the waterline and PIV valves.
28 11 7. Licensee shall obtain all necessary Federal, State, and Local Permits;
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including City of Vernon health permits, and no repair or construction shall be performed except
in accordance with the provisions of Chapter 22 of the Vernon City Code pertaining to
encroachments to the extent they are not in conflict with any paramount authority of the State or
Federal Government. In the event that Licensee shall fail to utilize the City's property covered b}
this license for a consecutive period of six (6) months during any period of time after it has been
placed in operation, the City Council of the City of Vernon shall have the right, at its sole
discretion, to declare this license terminated.
8. If, at any time during the term of this franchise, it becomes necessary to
remove or relocate the waterline and PIV valves in order to accommodate a construction project
performed by or on behalf of the City of Vernon, Licensee shall at its own cost and expense
promptly remove or relocate said facilities.
9. Licensee shall not sell, transfer, assign or lease this license, or any part
hereof, or any of the rights or privileges granted hereby. Licensee may not assign its duties
hereunder, and may not assign its rights hereunder to a public utility.
10. In the event Licensee fails to keep, fulfill or perform any of the terms or
conditions of this license and fails to remedy such default within thirty (30) days after written
notice from the City, the City may declare this license terminated. Upon such a declaration of
termination and failure to remedy such default this license shall be cancelled and all of the rights
and privileges of Licensee under this license shall be surrendered. The City may thereafter
exclude Licensee from further use of the street under this license.
11. In the event of the termination of this license, Licensee shall at its own
cost and expense, remove the encroachment facilities as the City in its reasonable discretion may
decide. This provision may be suspended by the City of Vernon at its sole discretion during such
period as licensee may be negotiating with the City of Vernon for renewal of this license. If
Licensee is directed to remove the encroachment facilities and fails to do. so, City shall have the
right to remove them at Licensee's sole expense, and shall have recourse for recovery of cost
against the licensee and/or the performance bond.
12. Licensee shall preserve and save harmless the City and each officer and
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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 construction
operation and or maintenance thereof.
13 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, CALIFORNIA 90058-0805
FAX: (323) 826-1438
LICENSEE: NILE FINANCIAL
ATTN: MAHASTI MASHHOON
4525 DISTRICT BOULEVARD
VERNON, CALIFORNIA 90058
FAX: (323) 587-8443
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EXECUTED IN DUPLICATE this day of , 2012.
CITY OF VERNON n
WILLIAM J. DAVI QMayor Pro-T_e_m--
AT ST:
WII&ARD
APP VED AS
WIL ARD AG C I, Cb&DeDDeeputy City Attorney
NILE FINANCIAL
By:
Si ature
S� i a Sl2 a"GT2,
Print Name
Title
By:
Signature
Print Name
Title
NOTE: Signatures shall be notarized.
EXHIBIT A
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Sta
Cot
On
per:
DEBORAH ANN BLACK
Commission # 1924g81
Notary Putak • CSIHernis .
Loa AngsNs County
CIVIL CODE § I ISO
who proved to me on the basis of satisfactory
evidence to be the person(arwhose name(Ws/are—
subscribed to the within instrument and acknowledged
to me that heishe/tht,y executed the same in
+ft/herAhetr authorized capacity(ia5t and that by
his/her/thv1 signature(sT- on the instrument the
person(a), or the entity upon behalf of which the
person(* —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 y h nd and fficial eal
Signature v
Sign f otery Pub c
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form another document.
Description of Attache cure t / , / + /{ Wwn 1D
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Document Date:
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Number of Pages:
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RECEIVED RECEIVED
JUN 12 2012 JUN 11 2012
CIIYCLERWS OFFICE CITY ADMINISTRATION
STAFF REPORT
COMMUNITY SERVICES & WATER DEPART
L-s
TO: Honorable Mayor and City Council
114--"
FROM: Samuel Kevin Wilson, Director of Community Services and Water
DATE: June 7, 2012
SUBJECT: LICENSE AGREEMENT NO. 410- NILE FINANCIAL
Enclosed for your consideration is a fully executed Encroachment License Agreement
No.410 from Nile Financial, for the property located at 4820 East 50t' Street. The Encroachment
License Agreement grants Nile Financial a license for a term of twenty-five (25) years from and
after the date of this license to operate, maintain, use, and/or replace a private fire service water
line and three Post Indicator Valves (PIV valves) in the sidewalk. All required fees have been
paid. A cash deposit has been submitted in lieu of the faithful performance bond. The City
Attorney's office has reviewed and approved the Encroachment License Agreement.
I recommend that Encroachment License Agreement No. 410 be approved and the Mayor
and City Clerk be authorized to execute.
SKW/vr
Enclosure
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
U5
TO: Mark Whitworth, City Administrator
4
FROM: Samuel Kevin Wilson, Director of Community Services & Water
DATE: June 7, 2012
SUBJECT: LICENSE AGREEMENT NO.410- NILE FINANCIAL
Enclosed for your consideration is a fully executed Encroachment License Agreement
No.410 from Nile Financial, for the property located at 4820 East 50u Street. The Encroachment
License Agreement grants Nile Financial a license for a term of twenty-five (25) years from and
after the date of this license to operate, maintain, use, and/or replace a private fire service water
line and three Post Indicator Valves (PIV valves) in the sidewalk. All required fees have been
paid. A cash deposit has been submitted in lieu of the faithful performance bond. The City
Attorney's office has reviewed and approved the Encroachment License Agreement.
I recommend that Encroachment License Agreement No. 410 be approved and the Mayor
and City Clerk be authorized to execute.
SKW/vr
Enclosure