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CC RESOLUTION 3190RESOLUTION NO. 3190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY k OF EL SEGUNDO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ISSUE A PERMIT FOR A SALVAGE STATION ON A PUBLIC PARKING LOT WITHIN THE CITY OF EL SEGUNDO. WHEREAS, by Resolution No. 3056, adopted March 17, 1981, Beach Cities Recycling Company was issued a permit for a salvage station on a public parking lot within the City of E1 Segundo;, and WHEREAS, the City of E1 Segundo has been informed that Beach Cities Recycling Company has been acquired by Western Waste Industries; and WHEREAS, Western Waste Industries has requested per- mission to operate a salvage station on a public parking lot within the City of E1 Segundo; and WHEREAS, the City Council finds that a salvage station located within the City of E1 Segundo would be beneficial to the City for the following reasons: A regular local collection point would be provided for citizens to receive payment for recyclable waste; The volume of refuse requiring transportation to and disposal of in a landfill would be reduced; and It would encourage recycling efforts in the community thereby reducing the demand for natural resources. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby authorize the City Manager to grant a permit to Western Waste Industries to operate on Saturdays, a salvage station on a public parking lot in E1 Segundo, which shall be designated by the City Manager, provided the Permittee meets the following conditions: (A) Permittee agrees to pay the City not less than $1.00 per ton for all recycled material collected; 1'4918 (B) Permittee agrees to cleanup the site after each use to the satisfaction of the City Manager; (C) Permittee shall not commence operations under this Resolution until Permittee shall have obtained the following insurance and the coverage and certificate thereof shall have been approved by the City, through the City Attorney's office, as to form, amount and carrier; Contractual liability insurance for liability assumed by Permittee pursuant to this Resolution. The minimum limits of liability for this insurance shall be indicated in either (1) or (2) as follows; (1) Bodily Injury Liability: $250,000 $500,000 Each Person Each Occurrence Property Damage Liability: $100,000 $250,000 Each Aggregate Occurrence (2) A single limit for Bodily $500,000 $1,000,000 Injury Liability and Each Aggregate Property Damage Liability Occurrence combined of; An additional insured endorsement to the Permittee`s liability insurance policy naming the City, its officers and em- ployees, as additional insureds. All liabiliy insurance policies shall bear an endorse- ment or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail not less than thirty days before expiration or cancellation is effective. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Permittee for liability in excess of such coverage, nor shall it preclude City from tak- ing such other actions as are available to it under any other provisions of this Resolution or otherwise in law; and -2- 11,49 19 The Permittee shall secure and file with the City evi- dence that the payment of compensation under the Workers' Compen- sation Laws of the State of California has been secured in one or more of the manners described in Section 3700 of the Labor Code of the State of California. (D) Permittee agrees to, and shall hold the City, its elective and appointive boards, commissions, officers, agents, and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Permittee's or Permittee's contractors', subcontractors', agents' or employees' operations under this Resolution, whether such operations be by Permittee or by any of Permittee's contractors, subcon- tractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Permittee or any of Permit - tee's contractors or subcontractors. Permittee agrees to, and shall, defend the City and its elective appointive boards, com- missions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations; provided, however: (1) That the City does not, and shall not, waive any rights against Permittee which it may have by reason of the aforesaid hold harmless agreement because of the acceptance by City or the deposit with City by Permittee of any of the insurance policies described in Para- graph (C) hereof. (2) That the aforesaid hold harmless agreement by Permittee shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason -3- of any of the aforesaid operations referred to in this paragraph, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. SECTION 2. The City Council may terminate any permit issued by the City Manager by giving five days' written notice to the Permittee, and any such Permit shall terminate five days after the giving of such notice. SECTION 3. The City Manager may terminate any permit issued by giving three days' written notice to the Permittee if the Permittee does not: (A) Promptly pay the City the sum required by subsection (A) of Section I of this Resolution; (B) Leave the site in a neat and clean condition to the satisfaction of the City Manager; and (C) Provide and keep in force all insurance required by subsection (C) of Section 1 of this Resolution. SECTION 4. All notices required herein shall be deemed given after being deposited postage prepaid, in the United States mail and addressed to: Western Waste Industries P. 0. Box 214 Gardena, California 90247 SECTION 5. Resolution No. 3056 is hereby rescinded. SECTION 6. 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. -4- PASSED, APPROVED and ADOPTED this I* February , 1983. ATTEST: (SEAL) 0 City Clerk 15th day of Mayor of the City of E1 Segundo, California -5- 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, VALERIE A. BURROWES , 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. 3190 was duly 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 15th day of February , 19 83 and that the same was so passed and adopted by the following vote: AYES: Councilmembers Armstrong, Johnson, Siadek, Synadinos and Mayor Bue NOES: Councilmembers None ABSENT: Councilmembers None WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY this 25th day of February 19 83 . City Clerk of the City of El Segundo, California { SEA L) By Deputy