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CC RESOLUTION 1456I uC RESOLUTION NO. 1456. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING TO NORTH AMERICAN AVIATION, INC. A PERMIT, SUBJECT TO CERTAIN TERMS AND CONDITIONS TO IMPROVE A CERTAIN PORTION OF DULEY ROAD WITHIN SAID CITY, THEREIN DESCRIBED. WHEREAS, North American Aviation, Inc. has made appli- cation to the City of E1 Segundo for the permit and authority hereinafter described; and WHEREAS, after due consideration of said matter, the City Council believes it to be in the interest of said City and of said applicant that such permit, upon and subject to the terms and conditions hereinafter set forth, should be granted; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SE- GUNDO, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That upon and subject to the terms and con- ditions hereinafter set forth authority and permission be and the same is hereby granted to North American Aviation, Inc. to enter upon and improve, as hereinafter set forth, the easterly half of Duley Road within said City from the southerly line of Mariposa Avenue to a point approximately 675 feet southerly thereof in order to afford access to the supersonic wind tunnel of said North American Aviation, Inc. presently under construction at the south- west corner of the intersection of Mariposa Avenue and Duley Road, and also to the substation of Southern California Edison Company in said area. Said authority and permission is so granted, however, upon and subject to each and all of the following terms and con- ditions: - 1 - d`� it (A) That said portion of said Duley Road shall be graded to grades as furnished by the City Engineer of said City and shall be improved with an asphaltic concrete pave- ment; a Portland cement concrete curb along the easter- ly curb line; and with 2" x o^ redwood header boards to protect the pavement along the center line of said por- tion of Duley Road and at the southerly edge of the improvement. (B) All of said grading, work and improvement, and all ma- terials furnished and used in connection therewith shall be in accordance with City of E1 Segundo Standards for such type of work and improvement and all designs, materials and work shall be subject to the approval of, and must be installed and finished to the satisfaction of the City Engineer of said City. (C) All of said work and improvement shall be at the sole cost and expense of said North American Aviation, Inc. and all costs, expenses and charges incurred for labor, equipment or materials involved shall be promptly paid by said North American Aviation, Inc. as same become due and payable. (D) In view of the present location of said portion of said Duley Road adjacent to properties of said North American Aviation, Inc., it is possible only said permittee will be using said portion of said Duley Road for some time to come and as long as such permittee has substantially the exclusive use of such portion, under the circum- stances, the said permittee shall at its own cost and expense maintain said portion of said Duley Road, pro- vided, however that when permittee abandons its sub- stantially exclusive use of said portion or when such portion becomes reasonably available for use by the - 2 - d',r 4" Feneral public, such maintenance costs shall thereafter be borne by said City. (E) That permittee understands that the authorities of said City may by ordinance prohibit the parking of vehicles on said portion of said Duley Road from time to time hereafter as in the discretion of the municipal authori- ties of said City the circumstances or conditions may require or indicate. (F) That in consideration of the granting of the authority and permission herein granted, said permittee agrees (with the exception of a chain link fence or other suitable fence and a small guard house building not to exceed 101 x 101 in dimensions) not to build, erect or install any building or structure within ten feet (101) of the present easterly line of said portion of said Duley Road. (G) That the said permittee by accepting this permit and proceeding with the improvement herein contemplated shall thereby agree to indemnify and save the City of E1 Se- gundo, its officers, agents, servants and employees harmless from any loss or damage which may be occasion- ed to or suffered by either persons or property as a re- sult of the exercise by permittee of any authority or rights granted hereunder. (H) That any question, ambiguity or dispute which may arise during the course of the work or improvement contem- plated hereunder shall be resolved by the City Engineer whose discretion shall control, subject only to the right of appeal by permittee to the City Council. The decision of the City Council on the subject of any such appeal shall be final and conclusive. SECTION 2. That the City Clerk shall furnish to said permittee as many certified copies of this resolution as the per- mittee may reasonably require and one of such certified copies - 3 - , '46 shall be returned to the City Clerk with the endorsement of the permitteets approval and acceptance of the authority and permit herein granted, upon and subject to the terms and conditions herein expressed. This resolution and the certified copy there- of so endorsed and filed shall constitute and be the actual au- thority and permit in the premises. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. Passed, approved and adopted this 10th day of Novem- ber, 1954. ATTEST: r _nn City Clerk (SEAL) - 4 - ayor o t e City o f Se ndo, California STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, CITY OF EL SEGUNDO. ) SS. 7741? I, Neva M. Elsey, City Clerk of the City of E1 Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 1456 , was passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regu- lar meeting of the said Council held on the 10th day of November, 1954, and that the same was so passed and adopted by the follow- ing vote.: AYES: Councilmen Baker, Frederick, Gordon, Swanson and Mayor Selby: NOES: Councilmen None; ABSENT: None. WITNESS my hand and the official seal of said City this 10th day of November, 1954. City C erk of the City of E1 Segundo, Calif orn (SEAL)