RESOLUTION NO. 2023-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
AMENDING THE ESCROW AGREEMENT, ASSIGNMENT AND
ASSUMPTION OF PURCHASE AND SALE AGREEMENT, AND ADDED
FACILITIES AGREEMENT TO ALLOW FOR FINAL DISBURSEMENT
AND RELEASE OF FUNDING TO RPLANET EARTH LOS ANGELES, LLC SECTION 1. Recitals.
A. rPlanet Earth Los Angeles, LLC (rPlanet) is a manufacturer of plastic goods from recycled materials. It has built a 302,000 square foot one-of-a-kind plastic recycling and manufacturing plant located at 5300 South Boyle Avenue in Vernon (formerly 3200 Fruitland Avenue in Vernon). rPlanet has become an industry leader in the production of low carbon footprint and recycled polyethylene terephthalate-based packaging.
B. Due to rPlanet’s estimated power demand, on January 19, 2016, City Council adopted Resolution No. 2016-04 approving an Added Facilities Agreement (AFA) with rPlanet which covers additional equipment and services needed to serve rPlanet’s electrical needs, pursuant to the requirements outlined in the Electric Service Rate No. 2.
C. Under the AFA, the parties agreed that the City shall provide design, engineering, procurement, construction, installation, ownership, and maintenance of the electric facilities and rPlanet delivered $2,300,000 for deposit to an escrow account established by the City to cover costs incurred with the Added Facilities Installation.
D. On July 17, 2018, City Council approved the request for Disbursement No. 1 in the amount of $723,155.58 for a portion of Phase 1 services and on December 4, 2018, the City Council approved the request for Disbursement No. 2 in the amount of $391,610.93 for a portion of Phase 1 construction.
E. All Additional Facilities Installations have been completed at the rPlanet Earth plant related to Phases 1 and 2 and staff has recommended approval to submit Request for Disbursement No. 3 to the Escrow Agent in the amount of $416,610.27.
F. Once this disbursement is made to the City, the remaining estimated balance in the Added Facilities Agreement Escrow Account is $813,915.40, not including accrued interest.
G. Based on the uncertain timing of any future added facilities or project expansion that would draw upon the remaining Added Facilities Escrow funds, rPlanet has Resolution No. 2023-22
_______________________
requested the City release to it the remaining balance in the Added Facilities Agreement Escrow Account to rPlanet.
H. The City Council believes it is equitable to release the remaining funds rather than continuing to hold them in escrow indefinitely with no additional work planned, and the City Council therefore wishes to authorize the release of the remaining balance in the Added Facilities Agreement Escrow Account to rPlanet.
I. On August 18, 2015, the City Council adopted Resolution No. 2015-57, approving a transaction with Fruitland Owner, LLC (COX) regarding an Assignment and Assumption of Purchase and Sale Agreement (Agreement) for property located at 5300 South Boyle Avenue in Vernon (formerly 3200 Fruitland Avenue in Vernon); which Agreement has been amended three times.
J. In accordance with Section 8 of the Agreement and as reiterated in Section B of the Escrow Agreement dated February 2, 2016, rPlanet was expected to utilize at the Property an average minimum, for a trailing 12-month period, of (a) 3.3 megawatts of electrical power on or before January 1, 2019, (b) 4.8 megawatts of electrical power on or before January 1, 2021, and (c) 8 megawatts of electrical power on or before January 1, 2023 (each (a) through (c) being a “Consumption Hurdle”); rPlanet delivered to the Escrow Agent the amount of one million two hundred fifty thousand dollars ($1,250,000) as security for anticipated electrical power usage at the Property.
K. On April 19, 2022, City Council approved and authorized the City Administrator to grant the request from rPlanet to consider that the second Consumption Hurdle target has been achieved and approved and authorized the City Administrator to grant the request from rPlanet to waive the third hurdle target of 8 megawatts (MW) and to release the final deposit of $416,667 once the third electrical consumption hurdle of 8MW is met.
L. The City has become aware that rPlanet has experienced continued timing challenges regarding planned expansion and growth at its Vernon production facility and the City and rPlanet recognize that the timeline for the remaining electric consumption hurdle remains uncertain given rPlanet’s current operations and setbacks due to the pandemic.
M. rPlanet has requested release of remaining funds from the Consumption Hurdle Escrow Account to provide working capital so that rPlanet can continue to invest in its existing Vernon operations.
N. For these reasons, the City Council wishes to waive the final consumption hurdle of 8MW and authorize the release of remaining funds from the Consumption Hurdle Escrow Account, currently estimated at $441,613.98 plus accrued interest.
Resolution No. 2023-22
_______________________
O. In order to effectuate the above-described releases and refunds of fundings from escrow accounts, the City Council desires to amend the below described agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS:
SECTION 2. The City Council of the City of Vernon finds and determines that the above recitals are true and correct.
SECTION 3. Finds the action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines section 15060(c)(3), because it constitutes government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment and organizational or administrative activities of a public agency that will not result in direct or indirect physical changes in the environment.
Moreover, adoption of the Resolution does not qualify as a "project" because it does not have the potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment, in accordance with CEQA Guidelines section 15378(a).
SECTION 4. The City Council hereby approves the First Amendment to Escrow Agreement, attached hereto and incorporated herein by this reference as Exhibit A.
SECTION 5. Pursuant to Section C – General Instructions – of the Escrow Agreement, the Escrow Agreement shall be terminated at the time that Escrow Agent releases the Funds on Deposit to Owner. The City Council therefore directs the termination of the Escrow Agreement following release of Funds on Deposit to Owner and instructs Escrow Agent to close and/or cancel escrow pursuant to the Escrow Agreement.
SECTION 6. The City Council hereby approves the Fourth Amendment to that certain agreement entitled “Agreement Regarding Assignment and Assumption of Purchase and Sale Agreement” and dated August 4, 2015, attached hereto and incorporated herein by this reference as Exhibit B.
SECTION 7. The City Council hereby approves the First Amendment to City of Vernon Added Facilities Agreement, attached hereto and incorporated herein by this reference as Exhibit C.
SECTION 8. The City Council hereby authorizes the Mayor to execute said Amendments for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto.
SECTION 9. The City Council of the City of Vernon hereby instructs the City Administrator, or designee, to take whatever actions are deemed necessary or desirable Resolution No. 2023-22
_______________________
for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any nonsubstantive changes to the Amendments attached herein.
SECTION 10. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
APPROVED AND ADOPTED October 3, 2023.
________________________
CRYSTAL LARIOS, Mayor
ATTEST:
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
ZAYNAH N. MOUSSA, City Attorney
Resolution No. 2023-22
_______________________
A-5
EXHIBIT A
First Amendment to Escrow Agreement
THIS FIRST AMENDMENT TO ESCROW AGREEMENT (this “Amendment”) is made and entered into as of October 3, 2023 (the “Effective Date”) by and between the City of Vernon (“City”), rPlanet Earth Los Angeles, LLC, a Delaware Limited Liability Company (“Customer”) and Fruitland Owner, LLC, a Delaware Limited Liability Company (“Owner”).
Recitals
WHEREAS, rPlanet Earth (“rPlanet”) is a manufacturer of plastic goods from recycled materials. It has built a 302,000 square foot one-of-a-kind plastic recycling and manufacturing plant located at 5300 South Boyle Avenue in Vernon (formerly 3200 Fruitland Avenue in Vernon). rPlanet has become an industry leader in the production of low carbon footprint and recycled polyethylene terephthalate-based packaging; and WHEREAS, on August 18, 2015, the City Council adopted Resolution No. 2015- 57, approving a transaction with Fruitland Owner, LLC (“COX”) regarding an Assignment and Assumption of Purchase and Sale Agreement (“Agreement”) for property located at 5300 South Boyle Avenue in Vernon (formerly 3200 Fruitland Avenue in Vernon); which Agreement has been amended three times; and
WHEREAS, on February 2, 2016, the City and COX executed an Escrow Agreement setting forth escrow instructions for the Agreement; and WHEREAS, in accordance with Section 8 of the Agreement and as reiterated in Section B of the Escrow Agreement, rPlanet was expected to utilize at the Property an average minimum, for a trailing 12-month period, of (a) 3.3 megawatts of electrical power on or before January 1, 2019, (b) 4.8 megawatts of electrical power on or before January 1, 2021, and (c) 8 megawatts of electrical power on or before January 1, 2023 (each (a) through (c) being a “Consumption Hurdle”); rPlanet delivered to the Escrow Agent the amount of one million two hundred fifty thousand dollars ($1,250,000) as security for anticipated electrical power usage at the Property; and WHEREAS, on April 19, 2022, City Council approved and authorized the City Administrator to grant the request from rPlanet to consider that the second Consumption Hurdle target has been achieved and approved and authorized the City Administrator to grant the request from rPlanet to waive the third hurdle target of 8 megawatts (“MW”) and to release the final deposit of $416,667 once the third electrical consumption hurdle of 8MW is met.
WHEREAS, the City has become aware that rPlanet has experienced continued timing challenges regarding planned expansion and growth at its Vernon production facility and the City and rPlanet recognize that the timeline for the remaining electric Resolution No. 2023-22
_______________________
A-6
consumption hurdle remains uncertain given rPlanet’s current operations and setbacks due to the pandemic; and
WHEREAS, rPlanet has requested release of remaining funds from the Consumption Hurdle Escrow Account to provide working capital so that rPlanet can continue to invest in its existing Vernon operations.
Amendment
Section B – Assignment Agreement – of that certain agreement entitled “Escrow Agreement” and dated February 2, 2016, (“Escrow Agreement”), is hereby amended to read as follows (additions in underline, deletions in strikethrough):
B. Assignment Agreement
Pursuant to Section 8 of the Assignment Agreement, concurrently with the delivery of the Purchase Price at Closing, Owner (or Customer on Owner's behalf) shall deliver to Escrow Agent an amount equal to One Million Two Hundred Fifty Thousand Dollars ($1,250,000) together with any interest earned thereon, the "Financial Assurance Funds") as security for Owner' s or Customer's anticipated electrical power usage at the Property. Escrow Agent shall place the Financial Assurance Funds in an interest-bearing account and hold the Financial Assurance Funds in escrow and deliver such Financial Assurance Funds in accordance with these instructions. The investment shall be subject to Escrow Holder's receipt of its executed Interest-Bearing Account Instructions and IRS Form W-9. Within thirty (30) days following execution of this Amendment, Escrow Agent shall disburse all Funds to Customer by electronic wire transfer. Upon a joint and written instruction of City, Customer and Owner that Owner or Customer has achieved a Consumption Hurdle by the specified date applicable thereto as set forth in the Assignment Agreement, Escrow Agent shall disburse an amount equal to one- third (1/3) of the Financial Assurance Funds (i.e., $416,666.25, plus a pro rata portion of the interest accrued on the Financial Assurance Funds) to Customer within two (2) business days of receipt of written notice jointly executed by Owner, Customer and City stating that Customer is entitled to the requested amount pursuant to the Assignment Agreement. If a Consumption Hurdle is not achieved by the applicable date as set forth in the Assignment Agreement (i.e., January 1, 2019, January 1, 2021, and January 1, 2023, as applicable), then Escrow Agent shall, without further authorization or approval from anyone, disburse an amount equal to one-third (1/3) of the Financial Assurance Funds (i.e., $416,666.25, plus a pro rata portion of the interest accrued on the Financial Assurance Funds) to City within two (2) business days of receipt of written notice from the City (with City providing Customer with a copy of such notice) stating that City is entitled to the requested amount pursuant to the Assignment Agreement. Initially capitalized terms used in this Section B without definition shall have the meaning set forth in the Assignment Agreement.
Except as expressly modified by this Amendment, all provisions of the Escrow Agreement shall remain in full force and effect.
Resolution No. 2023-22
_______________________
A-7
The provisions of this Amendment shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment.
The person or persons executing this Amendment on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date stated in the introductory clause.
CITY:
THE CITY OF VERNON
By: _____________________
Crystal Larios, Mayor
ATTEST:
Lisa Pope, City Clerk
APPROVED AS TO FORM
___________________________
Zaynah N. Moussa, City Attorney
CUSTOMER:
rPLANET EARTH LOS ANGELES, LLC
By: ___________________________
Name:___________________________
Title: ___________________________
OWNER:
FRUITLAND OWNER, LLC
By: ___________________________
Name:___________________________
Resolution No. 2023-22
_______________________
A-8
Title: ___________________________
ACKNOWLEDGED & AGREED:
COMMONWEALTH LAND TITLE COMPANY
By: ___________________________
Name:___________________________
Title: ___________________________
Resolution No. 2023-22
_______________________
B-9
EXHIBIT B
Fourth Amendment to Agreement Regarding Assignment and
Assumption of Purchase and Sale Agreement
THIS FOURTH AMENDMENT TO AGREEMENT REGARDING ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENT (this “Amendment”) is made and entered into as of October 3, 2023 (the “Effective Date”) by and between the City of Vernon (“City”) and Fruitland Owner, LLC, a Delaware Limited Liability Company (“Cox”).
Recitals
WHEREAS, rPlanet Earth (“rPlanet”) is a manufacturer of plastic goods from recycled materials. It has built a 302,000 square foot one-of-a-kind plastic recycling and manufacturing plant located at 5300 South Boyle Avenue in Vernon (formerly 3200 Fruitland Avenue in Vernon). rPlanet has become an industry leader in the production of low carbon footprint and recycled polyethylene terephthalate-based packaging; and WHEREAS, on August 18, 2015, the City Council adopted Resolution No. 2015- 57, approving a transaction with Fruitland Owner, LLC (“COX”) regarding an Assignment and Assumption of Purchase and Sale Agreement (“Agreement”) for property located at 5300 South Boyle Avenue in Vernon (formerly 3200 Fruitland Avenue in Vernon); which Agreement has been amended three times; and
WHEREAS, on February 2, 2016, the City and COX executed an Escrow Agreement setting forth escrow instructions for the Agreement; and WHEREAS, in accordance with Section 8 of the Agreement and as reiterated in Section B of the Escrow Agreement, rPlanet was expected to utilize at the Property an average minimum, for a trailing 12-month period, of (a) 3.3 megawatts of electrical power on or before January 1, 2019, (b) 4.8 megawatts of electrical power on or before January 1, 2021, and (c) 8 megawatts of electrical power on or before January 1, 2023 (each (a) through (c) being a “Consumption Hurdle”); rPlanet delivered to the Escrow Agent the amount of one million two hundred fifty thousand dollars ($1,250,000) as security for anticipated electrical power usage at the Property; and WHEREAS, on April 19, 2022, City Council approved and authorized the City Administrator to grant the request from rPlanet to consider that the second Consumption Hurdle target has been achieved and approved and authorized the City Administrator to grant the request from rPlanet to waive the third hurdle target of 8 megawatts (”MW”) and to release the final deposit of $416,667 once the third electrical consumption hurdle of 8MW is met.
WHEREAS, the City has become aware that rPlanet has experienced continued timing challenges regarding planned expansion and growth at its Vernon production Resolution No. 2023-22
_______________________
B-10
facility and the City and rPlanet recognize that the timeline for the remaining electric consumption hurdle remains uncertain given rPlanet’s current operations and setbacks due to the pandemic; and
WHEREAS, rPlanet has requested release of remaining funds from the Consumption Hurdle Escrow Account to provide working capital so that rPlanet can continue to invest in its existing Vernon operations; and WHEREAS, for these reasons, the City Council wishes to waive the final consumption hurdle of 8 MW and authorize the release of remaining funds from the Consumption Hurdle Escrow Account, currently estimated at $441,613.98 plus accrued interest.
Amendment
Section 8 – Financial Assurance – of that certain agreement entitled “Agreement Regarding Assignment and Assumption of Purchase and Sale Agreement” dated August 4, 2015, as amended by that certain Amendment to Agreement Regarding Assignment and Assumption of Purchase and Sale Agreement dated August 21, 2015, and as amended by that certain Second Amendment to Agreement Regarding Assignment and Assumption of Purchase and Sale Agreement dated October 27, 2015, and as amended by that certain Third Amendment to Agreement Regarding Assignment and Assumption of Purchase and Sale Agreement dated January 19, 2016, is hereby amended to read as follows (additions in underline, deletions in strikethrough):
8. Financial Assurance. Concurrently with the delivery of the Purchase Price, COX shall deliver to Escrow Agent an amount equal to $1,250,000 (the "Financial Assurance"). Within thirty (30) days following execution of this Amendment, Escrow Agent shall disburse all Financial Assurance to Customer by electronic wire transfer (“Final Disbursement”). The Financial Assurance is provided by COX in accordance herewith pursuant to the expectation of the City that COX (and/or its tenant) will utilize at the Property an average minimum, for a trailing 12-month period, of (a) 3.3 mega watts of electrical power on or before January 1, 2019, and (b) 4.8 mega watts of electrical power on or before January 1, 2021, and (c) 8 mega watts of electrical power on or before January 1, 2023 (each of (a) through (c) being a "Consumption Hurdle"). If COX and/or its tenant achieves the Consumption Hurdle by the specified date applicable thereto, and City confirms the same in writing, then 1/3rd of the Financial Assurance (plus a pro rata portion of interest accrued on the Financial Assurance) shall he disbursed by Escrow Agent to COX pursuant to a written instruction mutually executed by COX and City. If a Consumption Hurdle is not achieved by the applicable date, then 1/3rd of the Financial Assurance (plus pro rata portion of the interest accrued on the Financial Assurance) shall be deemed fully earned by, and due and payable to City, and disbursed by Escrow Agent to City. On or prior to the Closing, COX and City shall execute and deliver to Escrow Agent a mutually acceptable escrow agreement in connection with the Financial Assurance. The parties shall split equally any costs charged by Escrow Agent in connection with such escrow for the Financial Assurance. COX agrees to release and Resolution No. 2023-22
_______________________
B-11
hold harmless City, its successors and assigns, from and against all claims, losses, actions, demands, damages, costs and expenses related to and/or arising from the Final Disbursement and the exercise of the rights, privileges and obligations of the parties regarding all Financial Assurance and the Final Disbursement. This provision shall survive the Closing.
Except as expressly modified by this Amendment, all provisions of the Agreement Regarding Assignment and Assumption of Purchase and Sale Agreement shall remain in full force and effect.
The provisions of this Amendment shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment.
The person or persons executing this Amendment on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date stated in the introductory clause.
CITY:
THE CITY OF VERNON
By: _____________________
Crystal Larios, Mayor
ATTEST:
Lisa Pope, City Clerk
APPROVED AS TO FORM
Zaynah N. Moussa, City Attorney
COX:
FRUITLAND OWNER, LLC
By: ___________________________
Name:___________________________
Title: ___________________________
Resolution No. 2023-22
_______________________
C-12
EXHIBIT C
Amendment to
City of Vernon Added Facilities Agreement
THIS AMENDMENT TO CITY OF VERNON ADDED FACILITIES AGREEMENT (this “Amendment”) is made and entered into as of October 3, 2023 (the “Effective Date”) by and between the City of Vernon (“City”) and rPlanet Earth Los Angeles, LLC, a Delaware Limited Liability Company (“Customer”).
Recitals
WHEREAS, rPlanet Earth (“rPlanet”) is a manufacturer of plastic goods from recycled materials. It has built a 302,000 square foot one-of-a-kind plastic recycling and manufacturing plant located at 5300 South Boyle Avenue in Vernon (formerly 3200 Fruitland Avenue in Vernon). rPlanet has become an industry leader in the production of low carbon footprint and recycled polyethylene terephthalate-based packaging; and WHEREAS, due to rPlanet’s estimated power demand, on January 19, 2016, City Council adopted Resolution No. 2016-04 approving an Added Facilities Agreement (“AFA”) with rPlanet which covers additional equipment and services needed to serve rPlanet’s electrical needs, pursuant to the requirements outlined in the Electric Service Rate No. 2; and
WHEREAS, under the AFA, the parties agreed that the City shall provide design, engineering, procurement, construction, installation, ownership, and maintenance of the electric facilities and rPlanet delivered $2,300,000 for deposit to an escrow account established by the City to cover costs incurred with the Added Facilities Installation; and WHEREAS, on July 17, 2018, City Council approved the request for Disbursement No. 1 in the amount of $723,155.58 for a portion of Phase 1 services and on December 4, 2018, the City Council approved the request for Disbursement No. 2 in the amount of $391,610.93 for a portion of Phase 1 construction; and
WHEREAS, all Additional Facilities Installations have been completed at the rPlanet Earth plant related to Phases 1 and 2 and staff has recommended approval to submit Request for Disbursement No. 3 to the Escrow Agent in the amount of $416,610.27; and
WHEREAS, once this disbursement is made to the City, the remaining estimated balance in the Added Facilities Agreement Escrow Account is $813,915.40, not including accrued interest; and
WHEREAS, based on the uncertain timing of any future added facilities or project expansion that would draw upon the remaining Added Facilities Escrow funds, rPlanet Resolution No. 2023-22
_______________________
C-13
has requested the City release to it the remaining balance in the Added Facilities Agreement Escrow Account to rPlanet.
Amendment
Section 19.1 of that certain agreement entitled “City of Vernon Added Facilities Agreement”, dated February 2, 2016, is hereby amended to read as follows (additions in underline, deletions in strikethrough):
19.1. Within three (3) business days after the Effective Date, Customer shall deliver to Commonwealth Land Title Insurance Company, Attention: Mai Ly Marsh ("Escrow Agent"), in immediately available funds an amount equal to the Reserve Amount (the "Reserve Funds"). Within thirty (30) days following execution of this Amendment, Escrow Agent shall release and refund the balance of Reserve Funds remaining with the Escrow Agent to Customer by electronic wire transfer (“Final Release and Refund”). Customer agrees to release and hold harmless City, its successors and assigns, from and against all claims, losses, actions, demands, damages, costs and expenses related to and/or arising from the Final Release and Refund and the exercise of the rights, privileges and obligations of the parties regarding all Reserve Funds and the Final Release and Refund.
City will be entitled to use the Reserve Funds for purposes of paying the Added Facilities Installation Costs and Line Extension Costs. From time to time, as the City progresses with the Services regarding the Added Facilities and/ or Line Extension, the City may request a disbursement from the Escrow Agent in order to pay Added Facilities Installation Costs and/ or Line Extension Costs. Escrow Agent shall, without further authorization or approval from anyone, disburse the requested amount to City. If City at any time determines that the Reserve Funds are insufficient to pay the Added Facilities Installation Costs and/ or Line Extension Costs the insufficient amount being the " Deficiency"), Customer shall, within five (5) business days after notice thereof from City, deliver to Escrow Agent an amount equal to 200% of such Deficiency. Upon completion of the installation of the Added Facilities and Line Extension and payment of all Added Facilities Installation Costs and Line Extension Costs, any balance of the Reserve Funds remaining with the Escrow Agent shall be released and refunded to Customer upon a joint written instruction of City and Customer.
Except as expressly modified by this Amendment, all provisions of the City of Vernon Added Facilities Agreement shall remain in full force and effect.
The provisions of this Amendment shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment.
The person or persons executing this Amendment on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
Resolution No. 2023-22
_______________________
C-14
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date stated in the introductory clause.
CITY:
THE CITY OF VERNON
By: ____________________
Crystal Larios, Mayor
ATTEST:
Lisa Pope, City Clerk
APPROVED AS TO FORM
___________________________
Zaynah N. Moussa, City Attorney
CUSTOMER:
rPLANET EARTH LOS ANGELES, LLC
By: ___________________________
Name:___________________________
Title: ___________________________