HomeMy WebLinkAboutResolution No. 99-C1180 0
RESOLUTION NO. 9 9 -C 118
CITY COUNCIL OF THE CITY OF AZUSA
COUNTY OF LOS ANGELES
RESOLUTION GRANTING THE GOVERNMENT OF THE UNITED STATE OF
AMERICA, DEPARTMENT OF AGRICULTURE FOREST SERVICE
A PERMIT TO USE 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:
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 leases 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 attached
hereto and made a part hereof by this reference 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 hereinafter 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 Manager 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.
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. Entryby 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 grants
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 ADOPTED by the City Council of the City of Azusa at the regular
meeting,tlyereof held on e h day of September 1999.
OF THE CITY OF AZUSA
I 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 7th day of September 1999,
by the following vote of the City Council:
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS' NONE
APPROVED AS TO FORM:
OLP OLIS CITY ATTORNEY
CITY C RK OF THE CITY OF AZUSA
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CITY OF AZUSA
PROPOSED PERMIT AREA
CITY TO FOREST SERVICE
AZUSA, CALIFORNIA
DATE 07-01-N
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