2002 RES R-38-02 - Laserfiche WebLink

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FRANCHISE AGREEMENT BETWEEN THE CITY OF COLTON AND FOR TOW TRUCK SERVICES THIS FRANCHISE AGREEMENT (the "Agreement") is made and entered into as of the 1st day of April, 2002, by and between the CITY OF COLTON, a municipal corporation ("City"), and South State Towing, a Corporation ("Franchisee"). RECITALS A. Pursuant to California Vehicle Code section 22660, City has the authority to grant a non- exclusive franchise to a tow truck operator to provide towing services for the abatement and removal as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property ("Towing Services") within the boundaries of City. B. On March 26, 2002, the City Council of the City of Colton adopted Resolution No. authorizing two temporary towing franchises. C. City, for the purpose of insuring the continued protection and preservation of the public health, welfare and convenience of the people, desires to grant Franchisee a non-exclusive franchise agreement for Towing Services within the City. D. Franchisee desires to provide such Towing Services upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the promises and of the covenants and conditions hereinafter contained, City and Franchisee mutually agree as follows: Section 1. Incorporation of Recitals. The "Recitals" constitute a material part hereof, and are hereby incorporated by reference herein as though fully set forth herein. Section 2. Engagement of Franchisee. City hereby engages Franchisee to provide Towing Services as provided herein. Franchisee shall have throughout the term of this Agreement the non- exclusive right to engage in the business of providing Towing Services to City within the boundaries of City as the same now exist, and within any territory City hereafter annexes, except to the extent that towing services within such territory annexed would be unlawful or violate the legal rights of another person. Section 3. Term. This Agreement shall be deemed to have become effective on April 1, 2002. The term of this Agreement shall terminate at midnight on the 30th day of June, 2002, unless otherwise terminated earlier pursuant to this Agreement. Section 4. Franchisee's Obligations. Franchisee must at all times throughout the term of this Agreement comply with the regulations set forth in Chapter 10.40 of the Colton Municipal Code ("City Code") as that Chapter may be amended from time to time. In accordance with said Chapter, Franchisee shall: (1) Be able to hold a minimum of 200 vehicles on its lot. Lighting shall be sufficient to afford easy visibility to all areas of the lot. The lot must be in a commercial area and be in the proper zone and located within the City's boundaries or within a ten (10) mile radius of the city's police Page 1 of 9