HomeMy WebLinkAboutB- 5 Approve Used Oil Collection Agreement with Azusa Promenade Shopping Center for June 10, 2000 4 �tP
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The City of Azusa ', ela,
CONSENT CALENDAR
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: ROY E. BRUCKNER,DIRECTOR OF COMMUNITY DEVELOPMENT
air LOUIE H. PEDROZA JR., SUPERINTENDENT OF PUBLIC WORKS
VIA: RICK COLE, CITY MANAGER I _.
DATE: MAY 15,2000
SUBJECT: APPROVE USED OIL COLLECTION AGREEMENT WITH AZUSA
PROMENADE SHOPPING CENTER FOR JUNE 10,2000 EVENT
Recommended Action
Approve and authorize the Mayor to execute agreement with Azusa Promenade Shopping Center
to hold a Used Oil Collection Event on June 10, 2000.
Background
As part of the 5th Cycle Used Oil Block Grant,Azusa's approved program allowed for four(4)
used oil collection events throughout the City at different locations. This segment of the program
is targeting the East portion of the City with three (3)hour program from 9:00 AM to 12:00 PM
on June 10, 2000. The event will be held in front of the Pic& Save Store adjacent to Y-Tires, a
Certified Collection Center(C.C.C.). Promotional items will be distributed.
The City has retained Lighting Oil to be the waste hauler of all used oil, oil filters, and batteries.
Lighting Oil is fully certified, licenced, ans insured to to collect and transport this classification
of material.
The Azusa Promenade Shopping Center has agreed to allow the City to hold this event on their
property, but only with a Revocable License and Release Agreement, executed by the City. City
legal staff has reviewed the draft agreement with revisions included. Upon approval, staff will
commence with advertising in local newspapers, Cable TV, CCC's, and public counters as well
as flyers to the two NIZ Associations.
Fiscal Impact
Funding is programed within the 99-00 Environmental Budget. City has received all annual
funding from the California Integrated Waste Management Board for expenses.
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REVOCABLE LICENSE AND RELEASE AGREEMENT
THIS REVOCABLE LICENSE AND RELEASE AGREEMENT(this "agreement")dated
as of May 15, 2000 by and between&,14 y, at v./
("Licensor") and the
City of Azusa, a California Municipal corporation, ("Licensee").
RECITALS
WHEREAS, licensor is the owner of that certain real property, situated in the City of Azusa,
County of Los Angeles, State of California, more particularly described on Exhibit "A" attached hereto
and incorporated herein by reference (the 'Real Property"); and
WHEREAS, Licensor desires to grant a temporary license to Licensee for the use of a portion
of the Azusa Promenade Shopping Center parking lot located at the SEC of Alosta Blvd.. and Citrus
Ave., in the City of Azusa, County of Los—Angeles, State of California("Licensed Premises"), more
particularly depicted in Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, in order to permit Licensee use of the Licensed Premises for the Collection of
Used Oil ("Premises Use"), Licensor has agreed to provide Licensee a limited, exclusive, revocable
license for the use of the Licensed Premises for the Permitted Use("License") subject to the terms,
covenants and conditions contained herein.
NOW THEREFORE, in conclusion of the foregoing recitals and the terms, covenants and
conditions set forth below, Licensor and licensee hereby agree as follows:
1. Grant and Duration of License. Licensor hereby grants to Licensee a revocable
License to the Licensed Premises for the Permitted Use for the period commencing June 10, 2000 from
the hours of 9:00 AM until 12:00 PM, subject to all easements and other matters now or hereby
affecting the licensed Premises("Term"). Licensor shall have the right to terminate the License at any
time prior to May 15, 2000 upon sixteen (16)days prior written notice to Licensee. If Licensor elects
to terminate the License, Licensor shall refund to License the License Fee.
2. License Fee. Licensee shall not be required to pay Licensor any license fee for
Licensee's use of the licensed Premises in accordance with this agreement.
3. No Warranties. Licensee represents and warrants that Licensor has not made any
express
or implied representations or warranties with respect to the condition of the Licensed Premises, its
suitability for Licensee's use, or its compliance with applicable laws, regulations, or orders. Licensee
acknowledges that this Agreement entitles Licensed Premises in its current "AS IS" condition.
Licensee understands and acknowledges that the Licensed Premises may be subject to vandalism,
theft, malicious mischief, earthquake, fire and floods, and similar occurrences that may alter its
condition or affect its suitability for Licensee's Permitted Use. Licensor shall have no responsibility of
liability with respect to any such occurrence.
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4. Release. Licensee, for itself and its employees, agents, invitees, officers, directors,
affiliates, subsidiaries, representatives, and contractors and/or their respective successors and assigns,
hereby releases and forever discharges Licensor, t Z i i'7 / 7,7 - t dim,/ J t -. -
, and their respective employees,
partners, officers, affiliates, subsidiaries, directors, agents, contractors, representatives, and their
respective successors and assigns (collectively, "Licensor's Indemnitees") from, and waives any rights
to proceed against Licensor and its successors or assigns for any and all claims (at law or in equity),
losses, costs (including attorneys' and expenses), damages, (actual, punitive and consequential), and
liabilities whether known or unknown, arising out of Licensee's use of Licensed Premises, including
all claims for damages of losses to personal property, merchandise and goods of Licensee, its
employees, agents, invitees, officers, directors, partners, affiliates, subsidiaries, representatives, and
contractors and/or their respective successors or assigns and any injury and/or death of any person
which arises out of Licensee's use of licensed Premises and the physical, environmental, economic,
legal or other condition of the Licensed premises, (collectively referred to hereinafter as "Claims"),
which Licensee, its employees, agents, invitees, officers, directors, partners, subsidiaries,
representatives, and contractors and/or their respective successors and assigns has or may have in the
future. Without limiting the foregoing, Licensee for itself and its employees, agents, invitees, officers,
directors, partners, affiliates, representatives, and contractors and/or their respective successors and
assigns, hereby specifically waives the provisions of section 1542 of the California Civil code which
provide:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUBJECT TO EXIST IN HIS FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH
THE DEBTOR.
Licensee hereby specifically acknowledges that Licensee has carefully reviewed this Section, and
discussed its import with legal counsel, is fully aware of its consequences, and that the provisions of
this section are a material part of this Agreement.
Licensee's Initials
5. Insurance and Indemnification. Licensee will maintain and provide public liability
and property damage in the amount of One Million($1,000,000.00)Dollars combined single limits,
pertaining to and protecting licensor against liabilityarm ising frothe activities cond cted upon the
Licensed Premises. Licensor and � ozL 4-t—ri 4-t'. A - .
will be named as additional insured on said policy and a certificate of insuradice will be provid d prior
to the occu ancy of Liji,censed Premises. Licensee shall indemnify, defend and hold licensor, '(
VejtG. , , and Licensor's Indemnitees harmless from any and all
claims (at law or in equity losses, costs 9including attorneys' fees and expenses), damages(actual,
punitive and consequential), and liabilities, related to or connected in any manner with this agreement
which Licensor,the Trust,the beneficiaries of the trust, and licensor's Indemnities may incur or suffer
as a indirect consequence of licensee's use of the Licensed Premises. Such rights of indemnity shall
not be barred or eliminated by any finding or allegation that the conduct of any indemnitee contributed
to any such claims, losses, costs, damages or liabilities, but in the event shall Licensee be liable for any
damages or liabilities caused directly by Licensor's gross negligence or willful misconduct. This
indemnification clause shall survive the termination or revocation of the License granted herein.
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6. Insurance. Licensee shall arrange for licensor to be named as an additional insured on
Licensee's commercial public liability insurance policy covering liability to property or persons for
licensee's activities on or about the real Property in the amount not less than Twp Million and NO/100
Dollars($2,000,000.00). Licensee shall provide Licensor with a copy of an insurance certificate
evidencing Licensee's compliance with this Section on or Before 1, 2000.
7. Notices. Any notice, consent, approval, agreement, acceptance or other
communication hereunder(a "Notice") shall be in writing and shall been duly given or furnished upon
personal delivery or, if mailed, upon mailing by first class, postage prepaid, return receipt requested, to
the addresses set forth in this Section.
Licensor: /lta V14// -
9( 4-e4 A , ,
tl 69911 7V(-)—
Licensee: City of Azusa, a California Municipal corporation
213 E. Foothill Boulevard
Azusa, California 91702
Either party may designate any other or additional address by a Notice given pursuant hereto.
8. Interpretation. It is the intent of both parties hereto that this Agreement shall not be
construed to convey to Licensee any interest of estate whatsoever in the Licensed Premises.No action
whatsoever of Licensor, or its successors,transferees, or assignees shall be deemed to constitute
implied consent to extend the duration of this Agreement or to allow Licensee to continue to use the
Licensed Premises beyond the Term specified in Section 1 of this Agreement, nor shall this Agreement
create Licensor and Licensee any type of landlord-tenant relationship, or create any sort of tenancy,
whatsoever.
9. Acceptance by Licensee. Licensee hereby accepts the License and hereby expressly
agrees to be bound by the terms, covenants, and conditions contained herein.
10. Recordation. Notwithstanding anything to the contrary contained here, Licensee
shall not record this agreement, or an abstract or memorandum therefore, without the
written consent of Licensor.
11. Choice of law; Severability; Time of the Essence. This Agreement shall be
construed in accordance with the governed by the State of California, License consents
(i)to the personal jurisdiction of all United States District Courts and the California
Courts located in the County of Loa Angeles in the State of California, and(ii)to
service of process by any means authorized by any of the aforementioned courts. If any
provision of this Agreement or application thereof shall be deemed to be invalid,the
remainder of this Agreement shall be valid and enforceable to the fullest extent
permitted by the law. This Agreement can only be modified by a writing executed by
Licensor and Licensee. Time is of the essence with respect to each term of this
Agreement.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of this day
and year first above written.
"LICENSOR" "LICENSEE"
Golden Mounta' nvestment c. City o zus. a California 'cipal
` corpor. .r
By % L
_ e" a Cruz-Mad 'd, Mayor
B7
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA
TO ADD ARTICLE XX TO CHAPTER 18 OF THE AZUSA
MUNICIPAL CODE TO REGULATE PUBLIC RIGHTS-OF-
WAY THROUGH A UTILITY FRANCHISE
WHEREAS, the City of Azusa("City") has jurisdiction over the public rights-of-
ways within its municipal boundaries;
WHEREAS,under applicable state and federal law,the City is empowered to control
access to and use of its public rights-of-way,and to obtain reasonable and fair compensation for the
use thereof, except where preempted by state law; and
WHEREAS,under the Broughton Act(Public Utilities Code section 6001 et seq.),
the Franchise Act of 1937(Public Utilities Code section 6201 et seq.),and Chapter 2.5 of the Public
Utilities Code(commencing with section 6350 et seq.)the City Council has the discretion to adopt
a utility franchise ordinance.
NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1. A new Article XX is hereby added to Chapter 18 of the Azusa
Municipal Code as set forth in Exhibit"A"attached hereto and incorporated herein by this reference.
SECTION 2. Based on the entire record before the City Council and all written and
oral evidence presented to the City Council, the City Council finds this Ordinance promotes the
public safety and welfare of the community because it provides for the proper management by the
City of the public rights-of-way to maximize the efficiency and minimize the costs to the taxpayers,
it protects against foreclosure of future economic expansion because of premature exhaustion of the
public rights-of-way,and it minimizes the inconvenience to and negative effects on the public from
nontraditional uses of the public rights-of-way.
SECTION 3. If any provision or clause of this Ordinance or the application thereof
to any persons or circumstances is held to be unconstitutional or otherwise invalid by any court of
competent jurisdiction,such invalidity shall not affect other provisions or clauses or applications of
this Ordinance which can be implemented without the invalid provision or application; and to this
end, the provisions of this Ordinance declared to be severable.
SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after
its passage.
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SECTION 5. A summary of this Ordinance shall be published in the manner
required by law.
PASSED,APPROVED AND ADOPTED this_ day of , 2000.
Cristina Cruz-Madrid, Mayor
ATTEST:
Adolph Solis, City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I,Adolph Solis,City Clerk of the City of Azusa,do hereby certify that the foregoing
Ordinance No. was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the day of , 2000, and that thereafter,
said Ordinance was duly adopted and passed at a regular meeting of the City Council on the
day of , 2000, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Adolph Solis, City Clerk
APPROVED AS TO FORM:
City Attorney
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EXHIBIT "A"
Article XX
UTILITY FRANCHISES
Sections:
Sec. 18-1235 Purpose.
Sec. 18-1236 Definitions.
Sec. 18-1237 Franchise required.
Sec. 18-1238 Procedure.
Sec. 18-1239 Surcharge for natural gas and electricity transporters.
Sec. 18-1235 Purpose.
A. The public rights-of-way are unique public resources held in trust by the city for the
benefit of the public. These physically limited resources require proper management by the city to
maximize the efficiency and minimize the costs to the taxpayers, to protect against foreclosure of
future economic expansion because of premature exhaustion of the public rights-of-way, and to
minimize the inconvenience to and negative effects on the public from nontraditional uses of the
public rights-of-way.
B. Under applicable state and federal law,the city is empowered to control access to and
use of its public rights-of-way, and to obtain reasonable and fair compensation for the use thereof
C. The purpose of this article is to serve and further the purposes identified herein for
the protection of the public health, safety, and welfare.
Sec. 18-1236 Definitions.
For the purposes of carrying out the intent of this article,the following words,phrases, and
terms shall have the meanings set forth herein unless a different meaning is clearly intended by the
use and context of the word, phrase, or term.
A. "Facility" means any fiber optic, coaxial, or copper cable, telephone,
telecommunications,electric,or other wire or line,oil,gas,or other pipeline,duct,conduit,cabinet,
tunnel,vault,equipment,drain,manhole,splice box,surface location marker,pole,structure,utility,
or other appurtenance,structure,property,or tangible thing owned,leased,operated,or licensed by
a person and located or proposed to be located in,upon,above,beneath,or across any public right-
of-way.
B. "Person" means any person, business, firm, corporation, or other legal entity who
places, constructs,owns controls, operates, manages, or uses any facility in,upon, above,beneath,
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or across any public right-of-way.
C. "Public right-of-way"means the area in upon, above, beneath, or across any public
street, road, lane, court, alley, boulevard, sidewalk, pathway, park, open space, landscape lot,
drainage facility, easement or other public place or property within the city, as it now or hereafter
exists.
Sec. 18-1237 Franchise required.
Unless exempted by state or federal law, no person shall place, construct, own, control,
operate,manage,or use any facility in,upon, above, beneath, or across any public right-of-way for
the purpose of transmitting or distributing any telecommunications, electricity, gas, oil, water, or
wastewater service without first obtaining a nonexclusive utility franchise from the city.
Sec. 18-1238 Procedure.
A utility franchise shall be granted at the discretion of the city council by adoption of an
ordinance in accordance with the Broughton Act(Public Utilities Code section 6001 et seq.)or the
Franchise Act of 1937(Public Utilities Code section 6201 et seq.). The grant of a utility franchise
shall not diminish, abrogate, or otherwise affect a grantee's obligation to comply with any other
applicable provision of this code,or state or federal law,including,but not limited to,the following:
A. Any permit or authorization required for the privilege of transacting business within
the city as required by the code or ordinances of the city.
B. Any permit, agreement, or authorization required in connection with activities in,
upon,above, beneath,or across the public rights-of-way, including,but not limited to, street work,
street excavation, use, removal and relocation of property within a street, or other street work.
C. Any permits or agreements for occupying any other property of the city to which
access is not specifically granted by the right-of-way agreement including, without limitation,
permits and licenses for placing devices on or in poles, conduits, or other structures or facilities
owned by the city or other governmental entity.
Sec. 18-1239 Surcharge for transportation of natural gas and electricity.
Any person granted a utility franchise by the city is prohibited from transporting natural gas
or electricity for any other person using any facility that is subject to the utility franchise without
assessing, collecting, and remitting a surcharge to the city, pursuant to Chapter 2.5 of the Public
Utilities Code (commencing with section 6350 et seq.), to replace, but not increase, the fees that
would have otherwise been collected by the city under the applicable utility franchise. This section
shall not apply to any utility franchisee transporting natural gas pursuant to a "gas transportation
only" agreement in effect prior to January 1, 1986.
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