HomeMy WebLinkAboutResolution No. 96-C1010 0
RESOLUTION NO. 96 -clot
CITY COUNCIL OF THE CITY OF AZUSA
COUNTY OF LOS ANGELES
RESOLUTION GRANTING THE GOVERNMENT OF THE UNITED STATES OF
AMERICA, DEPARTMENT OF AGRICULTURE FOREST SERVICE
A PERMIT TO TAKE CITY PROPERTY
WHEREAS, the City of Azusa, a municipal corporation, Water Division owns approximately
one-half acre of land located in the San Gabriel Canyon adjacent to the Canyon Water
Filtration Plant as shown in Exhibit "A" attached hereto; and
WHEREAS, the Government of the United States of America, Department of Agriculture
Forest Service, desires to operate an entrance facility for the purpose of contacting National
Forest visitors; and
WHEREAS, in consideration of their mutual covenants and conditions, the parties agree as
follows:
1. Description of Property. The City of Azusa (CITY) grants a Permit to the
Government of the United States of America Department of Agriculture (GOVERNMENT) and
the GOVERNMENT takes from the CITY approximately one-half acre of Water Division land
located in the San Gabriel Canyon as shown in Exhibit "A", which document is hereto and by
this reference made a part hereof as though fully set forth.
2. Term. This Permit shall be for the term of Two Years, from the date of this
Resolution, unless sooner, as hereafter provided.
3. Permit Fee. GOVERNMENT shall pay to CITY one dollar in consideration of
this Permit to use said premises during the term hereof.
4. Use. The premises shall be used only for the construction and installation of
a temporary entrance station facility for the purpose of contacting National Forest visitors. In
connection therewith GOVERNMENT shall comply with all applicable laws and ordinances.
5. Improvements and Alterations. GOVERNMENT shall make only such
alterations or improvements to the property as are consistent with the intended use. No
construction of improvements shall be done without the prior written consent of the City
Administrator or the Director of Utilities.
6. Ingress and Egress. Ingress and egress to the premises shall be from San
Gabriel Canyon Road, State Highway 39.
7. Indemnity. To the extent that it may legally do so, GOVERNMENT agrees that
it shall indemnify and hold harmless the CITY, its employees , agents, successors and assigns,
from and against all claims liens, encumbrances, actions, loss, damage, expense and liability
arising from or growing out of loss of or damage to property, including CITY's own property
or injury to or death of persons, resulting in any manner whatsoever, directly or indirectly, by
reason of the exercise of the Permit hereby granted; provided however, that this covenant shall
not apply to those claims, liens, encumbrances, actions, loss, damage,'expense and liability
are proximately caused, in whole or in part, by any active negligence of CITY, or its
employees or agents.
8. Termination. This Permit may be terminated by either party by giving 90 days
written notice to the other party. Said notice shall be delivered by first class mail to CITY at
729 North Azusa Avenue, P.O. Box 9500; Azusa, California 91702, attention Director of
Utilities, and to GOVERNMENT at Mt. Baldy Ranger District, 110 North Wabash Avenue;
Glendora, California 91741.
9. Removal of Improvements. Upon termination of this permit, Government may
remove all improvements placed on the premises by it, and shall remove all improvements
placed on the premises by it, and shall remove any improvements requested by CITY. Any
improvements left on the premises more than 90 days after termination hereof shall become
the property of CITY.
10. Assignment. This permit shall not be assigned by GOVERNMENT without the
prior written consent of CITY.
11. Utilities. GOVERNMENT shall pay for utility connections required and all
utilities used on the premises during the term of this permit.
12. Entry by CITY. GOVERNMENT shall permit CITY's officers or agents to enter
upon the premises at all reasonable times to make reasonable inspection thereof or for any
lawful purpose.
This permit shall be binding upon and inure to the benefit of successors and assigns of the
parties hereto.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa hereby
grant to the United States of America a permit for the construction and installation of a
temporary entrance station facility for the purpose of contacting National Forest visitors on the
Water Division land located in the San Gabriel Canyon.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Azusa at the
regular meeting thereof held on the 5th day of August 1996.
STEPHAN P. ALEXANDER
MAYOR OF THE CITY OF AZUSA
HEREBY CERTIFY, that the foregoing resolution was duly adopted by the City Council of
the City of Azusa, at a regular meeting thereof, held on the 5th day of August 1996, by the
following vote of the City Council:
AYES: COUNCIL MEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXADNER
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS NONE
CITY CLERK OF THE CITY OF AZUSA
APPROVED AS TO FORM:
CITY ATTORNEY