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CC RESOLUTION 1984RESOLUTION NO. 1984 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING TO MARIPOSA MARKET, INC., A CERTAIN CON- DITIONAL ENCROACHMENT PERMIT TO ENCROACH UPON A CERTAIN PORTION OF CENTER STREET WITHIN SAID CITY. WHEREAS, there has been presented to the City Council of the City of El Segundo, California, a request from Mariposa Market, Inc. , for an encroachment permit on a portion of Center Street within said city, as hereinafter described; and WHEREAS after due consideration of said matter, the City Council believes that the action hereinafter taken, subject to the terms and conditions hereinafter expressed, is indicated in the premises; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE, DETER- MINE AND ORDER AS FOLLOWS: SECTION 1. That subject to the terms and conditions here- inafter set forth, the said applicant, Mariposa Market, Inc. , is hereby authorized and permitted to encroach upon a certain portion of Center Street within said city, for the purpose of constructing steps as covered by Building Permit No. 97048 issued January 20, 1960, which permit is now on file in the Department of Building and Safety of the City of El Segundo; and for the purpose of constructing a bridge as shown on that certain plot plan, dated July 21, 1961, sheet 131, on file in the office of the City Clerk, which drawing by this reference, is hereby incorporated in and made a part of this document, hereinafter referred to as the "Encroachment Portion, " in the manner and for the period as hereinafter set forth and contemplated. SECTION 2. That the terms and condtions upon and subject to which the permit herein above referred to is authorized and granted are as follows, to wit: (A) All structures constructed, and all materials furnished and used in connection with the construction authorized under this per- -1- n -y,4- mit, shall be in accordance with City of El 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. (B) That the City of E1 Segundo is to be put to no cost or expense in connection with (1) the construction, maintenance or repair of the structures constructed in or upon said "Encroachment Portion" so long as this permit remains in effect; or (2) the relocation of exist- ing fire hydrants, water meters and other utilities that lie within the "Encroachment Portion, " to a position or location satisfactory to the City Engineer of said city. (C) That said permittee by acceptance of this permit shall thereby agree to indemnify and save the City of El Seungod, its officers, agents, servants and employees harmless from any and all loss or damage which may be occasioned to, or suffered by, either persons or property as a result of the exercise by permittee of any rights granted under this permit, or be due to the existence of said encroachment facilities, appurtenances and materials in or upon the public thorough- fare. (D) That this permit is temporary only and may be revoked by the City Council of said city at any time on sixty (60) days' written notice of such revocation to said permittee, which right the said City Council does specifically reserve. Such revocation may be made for any reason which the City Council, in the exercise of its sole discretion, deems sufficient. No such revocation, however, shall be made or ordered unless and until the permittee is afforded an opportunity to be heard before said City Council on the question of such revocation upon at least ten (10) days' prior written notice to said permittee of the time, place and purpose of such hearing. The decision of the City Council in said matter, however, shall be final and conclusive. (E) That in the event this permit is revoked, the permittee shall at his own cost and expense, promptly remove from the "Encroach- ment Portion, " if the City Council so requires, any improvement or por- tion thereof which the City Council in its discretion may designate for -2- 0`Y��• such removal, if any. (F) That this permit shall not become effective unless and until the permittee shall have accepted the same and have agreed to the terms and conditions hereof by endorsing its approval and acceptance upon a certified copy of this resolution to be filed with the City Clerk. SECTION 3. That the City Clerk shall furnish to said per- mittee as many certified copies of this resolution as permittee may reasonably require and one of such certified copies shall be returned to the City Clerk with the endorsement of the permittee's 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 thereof so endorsed and filed shall constitute and be the actual permit in the premises. SECTION 4. That the City Clerk shall certify to the pass- age 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 Coun- cil of said city, in the minutes of the meeting at which the same is passed and adopted. Passed, approved and adopted this 9th day of October, 1961. ATTEST: (SEAL) -U- A1,101 - City Clerk -3- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, EUNICE U. CREASON , City Clerk of the City of El 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. 1984 , 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 regular meeting of the said Council held on the 9th day of October , 1961 , and that the same was so passed and adopted by the following vote: AYESr Councilmen Frederick, Swanson, Tandy and Mayor Baker; NOES: Councilmen None; ABS ENT: None; WITNESS my hand and the official seal of said City this day of October, , 196 1 (SEAL) 10th 4 ,0--- &,-w 'da- z - - n City Clerk of the City of El Segundo, California