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HomeMy WebLinkAbout2002-371 1 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH SBT PARTNERS, LLC, FOR USE 4 OF VACATED ROSEWOOD DRIVE FOR PUBLIC WORKS PROJECT PURPOSES 5 RELATIVE TO THE "HUB" PROJECT. 6 7 8 RESOLUTION NO. 2002-371 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and 9 directed to execute, on behalf of said City, a License Agreement relating to that certain real 10 property commonly known as Rosewood Drive and more specifically described in the License 11 12 13 Permitting Limited Entry for Public Works Project Purposes, a copy of which is attached hereto, marked Exhibit "I" and incorporated herein by reference as fully as though set forth at length, SECTION 2. The authorization to execute the above-referenced agreement is rescinded 14 15 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this 16 17 18 19 20 21 22 23 resolution, 1/1 24 25 26 27 28 11/20102 I-~- 2002-371 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF, A - LICENSE AGREEMENT WITH SBT PARTNERS, LLC, FOR THE USE OF VACATED ROSEWOOD' 1 DRIVE FOR PUBLIC WORKS PROJECT PURPOSES RELATIVE TO THE "HUB" PROJECT, 2 3 4 Common Council of the City of San Bernardino at a I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and joint regular meeting thereof 5 held on the 2nd day of December , 20~, by the following vote, to AYES NAYS ABSTAIN ABSENT x x x x x x x J2~h.~ City Clerk 19 The foregoing resolution is hereby approved this 2002 '- 11/26/02 2 . , l, 2002 LICENSE PERMITTING LIMITED ENTRY FOR PUBLIC WORKS PROJECT PURPOSES (SBT Partners, LLC) THIS LICENSE PERMITTING LIMITED ENTRY FOR PUBLIC WORKS PROJECT PURPOSES (this "License") is unilaterally granted by SBT PARTNERS, LLC, a California limited liability company ("Owner"), to the CITY OF SAN BERNARDINO, a California charter city, corporate and politic (the "City"), IN CONSIDERATION OF THE CITY UNDERTAKING THE PUBLIC WORKS PROJECT DESCRIBED HEREIN, THE OWNER GRANTS A LICENSE TO THE CITY, AS FOLLOWS: Section I, Effective Date of License. This License shall take effect on the date when the Owner executes this License by and through the signature of the Owner's duly authorized representative (the "Effective Date"), Section 2, Term of License. This License shall commence on the Effective Date and expire at 8:00 a,m, Pacific Time on January 11,2003 (the "Expiration Date"), Section 3, Grant of License. The Owner hereby grants to the City the right to enter upon, use and allow the public to use that certain real property commonly known as the right-of way of former Rosewood Drive and more specifically described in the legal description attached to this License as Exhibit "A" (the "Former Street"), This License is only for use of the Former Street by the City and as a detour for public pedestrian and vehicular traffic during the City's pursuit of the Harriman Place public works construction project during the term of this License, By entering onto the Former Street or directing others to enter onto the Former Street after the Effective Date, the City shall have accepted the use of the Former Street in its "AS-IS" and "WHERE IS" condition and subject to the terms of this License, The Owner makes no representations or warranties to the City regarding the condition of the Former Street or its fitness for any particular use, unless expressly set forth in this License, Section 4, No Offer of Dedication of the Former Street for Public Use. The Owner intends that this License is not and shall not be construed as an offer of dedication by the Owner of the Former Street for public use, Further, the rights granted to the City in this License are by permission of and subject to the control of the Owner. Section 5, No Intent to Create Third Party Beneficiaries. The Owner intends that the rights granted under this License shall benefit and burden only the Owner and the City, and the Owner does not intend to create any rights in, or right of action to or for the use or benefit of any third party, including any member or members of the public or any governmental agency, other than the City, SB200238205,2 " Section 6, Owner Consent to Enforcement of Traffic Laws on the Former Street. The Owner requests that the City enforce and consents to the City enforcing the provisions of the California Vehicle Code and all local ordinances, resolutions and regulations applicable to pedestrian, vehicular, bicycle and other traffic on public streets within the City (collectively, 'Traffic Laws"), to the same extent and in the same manner as the City enforces such Traffic Laws on public streets within the City, regarding any similar activity on the Former Street during the term of this License, Section 7, Installation of Traffic Control Devices. The Owner consents to the City installing any and all traffic control devices, including, but not limited to, signs and barriers, on the Former Street during the term of this License, Design, review and approval of the aforementioned Traffic Control Devices are the sole responsibility of the City or its designee, The Owner is not responsible for installation, maintenance, or the lack thereof, of City Traffic Control Devices, Section 8, Owner Covenant Not to Revoke License. The Owner covenants to the City that the Owner will not revoke this License prior to the Expiration Date, Section 9, Owner Covenant Not to Remove or Modify Paved Areas of Former Street. The Owner covenants to the City not to remove or modify any areas ofthe Former Street that are paved with asphalt, during the term of this License, without the prior written consent ofthe City, Section 10, Owner Cancellation Ril!:ht. Notwithstanding any other provision in this License, the Owner shall have the right to cancel and terminate this License, if the City does not agree to accept responsibility for all losses or injuries occurring on the Former Street to members of the public and the contractors, subcontractors, agents, employees and officers of the City, and to the property of such persons who use the Former Street as part of the City's pursuit of the Harriman Place Construction Project during the term of this License, by the approval of a motion or resolution of the Mayor and Common Council of the City to such effect, reasonably satisfactory to the Owner, on or before December 2, 2002, The right of the Owner to cancel and terminate this License must be exercised by the Owner by serving written notice of its exercise of such right, referencing this Section 10, on the City, pursuant to the provisions of Section II of this License, and thereafter such cancellation of the License shall be effective fourteen (14) days following the date of such notice, Section II. Notice to the Parties. For the purpose of this License, communications and notices among the Owner and the City shall be in writing and shall be deemed to have been given when actually delivered, if delivered by courier or overnight courier service, or if mailed, three (3) days following the date of deposit in the United States Mail, First Class, postage prepaid, return receipt requested and addressed to the applicable party as follows: To the City: To Owner: City of San Bernardino 300 N, "D" Street San Bernardino, California 92418 Attention: Ray Casey, City Engineer Phone: (909) 384-5111 FAX: (909) 384-5155 SBT Partners, LLC clo Steve Felderman Arthur Pearlman Corporation 1137 Second Street, Suite 100 Santa Monica, CA 90403 Phone: (310) 260-2204 FAX: (310) 260-6334 2 SB2002:3820S,2 Section 12, Governinl! Law. This License is granted and the subject Former Street is located in California, This License shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California, Any legal actions between the Owner and the City arising from this License shall be filed in the Superior Court of the State of California in and for the County of San Bernardino, Central District. Section 13, Partial Invaliditv. If any term or provision or portion of this License or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this License, or the application of such term or provision or portion thereof to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this License shall be valid and enforced to the fullest extent permitted by law, Section 14, Waivers. No waiver of any breach of any covenant or provision contained in this License shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision herein contained, No extension of the time for performance of any obligation or act to be performed herein shall not be deemed to be an extension of the time for performance of any other obligation or act to be performed under this License, Section 15, ProCessional Fees. If any action or suit among the Owner and the City is brought by reason of any breach of any of the covenants or provisions of this License, the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, any appeals therefrom, and enforcement of any judgment in connection therewith, including reasonable attorneys' fees, accounting and engineering fees, and any other professional fees resulting therefrom, For the purposes of this Section 16, the phrase "reasonable attorneys' fees" shall mean and include the salaries, costs, benefits and overhead of the City Attorney for the City of San Bernardino and the attorneys employed in such office who perform work in connection with any such action or proceeding, Section 16, Entire Al!reement. This License (including all Exhibits attached hereto) is the final expression of, and contains the entire agreement with respect to the subject matter hereof and supersedes all prior understandings with respect thereto, This License may not be modified, changed, supplemented or terminated, nor may any obligations hereunder be waived, except by written instrument signed by the party to be charged or by its agent duly authorized in writing or as otherwise expressly permitted herein, Section 17, Construction. Headings at the beginning of each section, paragraph or subparagraph are solely for the convenience of the parties and are not a part of this License, Whenever required by the context of this License, the singular shall include the plural and the masculine shall include the feminine and vice versa, This License shall not be construed as if it had been prepared by one of the parties, but rather as ifboth parties had prepared the same, Unless otherwise indicated, all references to sections are to this License, All exhibits referred to in this License are attached hereto and incorporated herein by this reference, rfthe date on which any action is required to be performed under the terms of this License is not a business day, the action shall be taken on the next succeeding business day, 3 SB2002:38205.2 IN WITNESS WHEREOF, SBT Partners, LLC, executes this License Permitting Limited Entry for Public Works Project Purposes by and through the signature of its duly authorized representative, as follows: OWNER SBT Partners, LLC, a California limited liability company Dated: I;l. - ~ -Or 4 SB2002:38205,2 . , EXHIBIT "A" Lel!al Description of the Former Street 5 SB2002:38205,2 I EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF ROSEWOOOD DRIVE, 50,00 FEET WIDE, IN THE CITY OF SAN BERJ'IARDINO, COUNTY OF SAN BERNARDINO, STATE OF CAUFORNIA, AS SHOWN ON THE MAP OF TRACT No, 2743, FILED IN BOOK 38, PAGE 47 OF MAPS, RECORDS OF SAID COUNTY; TOGETHER WITH THAT PORTION OF LOT 59 OF SAID TRACT No, 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRffiED IN A DOCUMENT RECORDED INBOOK 7092, PAGE 781 OF OFFICIAL RECORDS OF SAID COUNTY; TOGETHER WITH THAT PORTION OF LOT 54 OF SAID TRACT No, 2743 ACQUlRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED AS INSTRUMENT No, 83.0285282 OF SAID OFFICV\L RECORDS; TOGETHER WITH THAT PORTION OF LOT 52 OF SAID TRACT No, 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 9329, PAGE 1305 OF SAID OFFICIAL RECORDS; TOGETHER WITH THOSE PORTIONS OF LOTS 50 AND 51 OF SAID TRACT No, 2743 ACQUlRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 6419, PAGE 180 OF SAID OFFICIAL RECORDS; TOGETHER WITH THAT PORTION OF LOT 44 OF SAID TRACT No, 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 8718, PAGE 787 OF SAID OFFICIAL RECORDS; AND TOGETHER WITH THAT PORTION OF LOT 43 OF SAID TRACT No, 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCU1vIENT RECORDED IN BOOK 8916, PAGE 1339, AND RERECORDED IN BOOK 8928, PAGE 596, BOTH OF SAID OFFICIAL RECORDS; TOGETHER MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF TIPPECANOE AVENUE, 6000 FEET WIDE, AND ROSEWOOD DRIVE, 50,00 FEET WIDE, AS SAID STREETS ARE SHO\V'N ON SAID MAP OF TRACT NO, 2743; THENCE NORTH 89043'23" WEST 191.00 FEET ALONG SAID CENTERLINE OF ROSEWOOD DRIVE TO THE SOUTHERL Y PROLONGATION OF THE EASTERLY LINE OF SAID LOT 59 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00007'58" WEST 30,00 FEET ALONG SAID SOUTHERLY PROLONGATION AND SAID EASTERLY LINE TO THE NORTHERLY LINE OF THE SOUTHERLY 5,00 FEET OF SAID LOT 59, AS DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 7092, PAGE 781 OF OFFICIAL RECORDS; THENCE NORTH 39048'23" WEST 65,02 FEET ALONG SAID NORTHERLY LINE TO THE WESTERLY LINE OF SAID LOT 59; THENCE SOUTH 00007'57" EAST 5,00 FEET ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID ROSEWOOD DRIVE, AS SHOWN ON SAID MAP; THENCE NORtH 89048'23" WEST 260,09 FEET ALONG SAID NORTHERLY LINE OF ROSEWOOD DRIVE, ALSO BEING THE SOUTHERLY LINE OF LOTS 55 THROUGH 58 INCLUSIVE, OF SAID TRACT No, 2743, TO THE SOUTHEAST CORNER OF SAID LOT 54; THENCE NORTH 00007'53" WEST 5,00 FEET ALONG THE EASTERLY LINE OF SAID LOT 54 TO THE NORTHERLY LINE OF THE SOUTHERLY 5,00 FEET OF SAID LOT 54, AS DESCRIBED IN SAID DOCUNIENT RECORDED AS INSTRUNIENT No, 83-0285282 OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 65,02 FEET ALONG SAID NORTHERLY LINE TO THE WESTERLY LINE OF SAID LOT 54; THENCE SOUTH 00007'52" EAST ALONG SAID WESTERLY LINE TO SAID NORTHERLY LINE OF ROSEWOOD DRIVE; THENCE NORTH 89048'23" WEST 65,02 FEET ALONG SAID NORTHERLY LINE OF ROSEWOOD DRIVE, ALSO BEING THE SOUTHERLY LINE OF LOT 53 OF SAID TRACT No, 2743, TO THE SOUTHEAST U,\,OOll J'..\l1ppin!;\lf'S~Is\STR.EET V ACATION\~OOJJ 30l.dol:: CORNER OF SAID LOT 52; THENCE NORTH 00007'51" WEST 5,00 FEET ALONG THE EASTERLY LINE OF SAID LOT 52 TO THE NORTHERLY LINE OF THE SOUTHERLY 5,00 FEET OF SAID LOT 52, AS DESCRIBED IN SAID DOClThlENT RECORDED IN BOOK 9329, PAGE 1305 OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 180,02 FEET ALONG SAID NORTHERL Y LINE, AND CONTINUING ALONG THE NORTHERLY LINE OF THE SOUTHERLY 5,00 FEET OF SAID LOTS 51 AND 50, AS DESCRIBED IN SAID DOClThlENT RECORDED IN BOOK 6419, PAGE 180 OF OFFICIAL RECORDS; THENCE PERPENDICULAR TO SAID NORTHERLY LINE OF ROSEWOOD DRIVE, SOUTH 000] I '37" WEST 5,00 FEET TO SAID NORTHERLY LINE OF ROSEWOOD DRIVE; THENCE NORTH 89048'23" WEST 340.14 FEET ALONG SAID NORTHERLY LINE OF ROSEWOOD DRIVE, ALSO BEING THE SOUTHERLY LINE OF SAID LOT 50 AND LOTS 45 THROUGH 49 OF SAID TRACT No, 2743, TO THE SOUTHEAST CORNER OF SAID LOT 44; THENCE NORTH 00007'44" WEST 5,00 FEET ALONG THE EASTERLY LINE OF SAID LOT 44 TO THE NORTHERLY LINE OF THE SOUTHERLY 5,00 FEET OF SAID LOT 44, AS DESCRIBED IN SAID DOCUlvlENT RECORDED IN BOOK 8718, PAGE 787 OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 110,16 FEET ALONG SAID NORTHERLY LINE, AND CONTINUING ALONG THE NORTHERLY LINE OF THE SOUTHERLY 5,00 FEET OF SAID LOT 43, AS DESCRIBED IN SAID DOCUlvIENT RECORDED IN BOOK 8916, PAGE 1339, AND RERECORDED IN BOOK 8928, PAGE 596, BOTH OF OFFICIAL RECORDS, TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADfUS OF 20,00 FEET; THENCE NORTHWESTERLY 31.30 FEET ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY LINE, THROUGH A CENTRAL ANGLE OF 89040'41" TO A POINT OF TANGENCY WITH THE EASTERLY LINE OF ORCHARD DRIVE, AS SHO\VN ON SAID MAP; THENCE SOUTH 00007'42" EAST 84,95 FEET ALONG SAID EASTERLY LINE TO A POINT OF CUSP OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADfUS OF 10,00 FEET, A LINE RADIAL TO SAID POINT OF CUSP BEARS SOUTH 89052'18" WEST; THENCE NORTHEASTERLY 15,76 FEET ALONG SAID CURVE, ALSO BEING THE NORTHWESTERLY LINE OF LOT 78 OF SAID TRACT No, 2743, THROUGH A CENTRAL ANGLE OF 90019' 19" TO THE SOUTHERLY LINE OF SAID ROSEWOOD DRIVE; THENCE SOUTH 89048'23" EAST 1095,35 FEET ALONG SAID SOUTHERLY LINE, ALSO BEING THE NORTHERLY LINE OF SAID LOT 78 AND LOTS 62 THROUGH 77 INCLUSIVE, OF SAID TRACT No 2743, TO THE POINT OF INTERSECTION OF SAID SOUTHERLY LINE WITH SAID SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 59; THENCE NORTH 00007'58" WEST 25,00 FEET ALONG SAID SOUTHERLY PROLONGATION TO THE TRUE POINT OF BEGINNING, PREPARED UNDER MY SUPERVISION: ~+ STEVE SHAMBECK, P,L.S, 6217 LICENSE EXPIRES 3/31/06 0/zs;i"z. DATE WOO)] 3\MJppin8;l~a1s\STR.EET V ACA T10N\AOO31JOI.doc " . EXHIBIT liB" LEGAL DESCRIPTION THAT PORTION OF ORCHARD DRIVE AND ROSEWOOD DRIVE, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, ST ATE OF CALIFORNIA, AS SHOWN ,ON THE MAP OF TRACT 2743, FILED IN BOOK 38, PAGE 47 OF MAPS,RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH WEST CORNER OF SAID TRACT NO, 2743, THENCE NORTH 00007'42" WEST 210,77 FEET ALONG THE WEST LINE OF SAID TRACT TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 508,00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 13009'41" EAST; THENCE NORTHEASTERLY 31.05 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03030'08" TO A NON-TANGENT LINE, BEING THE EAST LINE OF ORCHARD DRIVE, OF SAID TRACT NO, 2743; THENCE SOUTH 00007'42" EAST 21886 FEET ALONG SAID EAST LINE OF ORCHARD DRIVE TO THE SOUTH LINE OF SAID TRACT NO, 2743; THENCE NORTH 89048'15" WEST 30,00 FEET ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING PREPARED UNDER MY SUPERVISION: #~ 4/; co /-uO-Z- DATE STEVE SHMIBECK, P,LS, 6217 LICENSE EXPIRES 3/31/06 2002-371 2002 LICENSE PERMITTING LIMITED ENTRY FOR PUBLIC WORKS PROJECT PURPOSES (Amendment No, I to License Agreement: Former Public Street Segments of Rosewood Drive) THIS AMENDMENT NO, I ("Amendment No, I") to License Agreement (the "License") is dated as of December 2, 2002, by and between SBT Partners, LLC, a California limited liability company (the "Owner") and the City of San Bernardino (the "City") in light of the following facts: (l) The Owner has previously issued the License in favor ofthe City in the form attached hereto as Exhibit "A" and incorporated herein by this reference and the meaning of defined terms as set forth in the License shall be the same when used in this Amendment No, I; (2) This Amendment No, I to the License is jointly executed by the Owner and the City in furtherance of Section 10 of the License; and (3) The Owner and the City intend and declare that the use by the public of the Former Street in conjunction with the City's pursuit of the Harriman Place Construction Project between the Effective Date and the Expiration Date shall be as provided under the License and this Amendment No, I, THE OWNER AND THE CITY HEREBY AGREE: Section I, The three (3) paragraphs of the recitals as set forth above are true and correct. Section 2, The City hereby agrees to indemnify, defend and hold harmless, the Owner and its members, employees, contractors and agents (collectively the "Owner lndemnitees") from and against any third party suits, demands, claims, causes of action, losses, liabilities, costs and expenses, including reasonable attorneys' fees (collectively a "Third Party Claim") that may be imposed on, incurred by or asserted against the Owner Indemnitees by reason of or on account of or in connection with: (A) any negligence, willful misconduct or failure to act (when obligated to do so) by the City or its agents, contractors or employees occurring on the Former Street during the term of the License in connection with the City's pursuit of the Harriman Place Construction Project; or SB200N0277.! I 2002-371 (B) any accident, injury, death or damage to any member of the public or property owned by a member of the public occurring on the Former Street during the term of the License in connection with the City's pursuit of the Harriman Place Construction Project. Notwithstanding anything to the contrary contained herein, no indemnity obligation under the License shall be owed by the City to the Owner lndemnitees relative to Third Party Claims resulting from the willful misconduct or negligence of any Owner Indemnitee except to the extent that negligence may be apportioned between the Owner and the City by a judge or jury following trial, or if the Owner Indemnitee and the City may mutually agree, by an arbitrator in non-binding arbitration, The City shall not be obligated to defend, indemnify or hold harmless an Owner Indemnitee from a Third Party Claim unless and until the Owner Indemnitee provides written notice to the City promptly after such Owner Indemnitee has actual knowledge of the facts and circumstances of the Third Party Claim, describing in reasonable detail such facts and circumstances of the Third Party Claim and including a request for indemnification by the City, The indemnity obligation of the License shall survive the termination or expiration of the License but only to the extent based upon events or circumstances occurring on the Former Street between the Effective Date (e,g" the date of initial use by the public of the Former Street in connection with the City's pursuit of the Harriman Place Construction Project) and the Termination Date, SB2002:40277I 2 2002-371 AMENDMENT NO, I TO LICENSE AGREEMENT: FORMER PUBLIC STREET SEGMENTS OF ROSEWOOD DRIVE Section 3, As supplemented by this Amendment No, I, the License shall remain in effect through the Termination Date, OWNER SBT Partners, LLC, a California limited liability company Date: By: CITY City of San Bernardino Date: 1:)- 'I-0::J By: ~ ATTEST: (') '! By: j\ ,c{ t~, c'ity Clerk jJ Ct(( ,'<- 12.- APPROVED AS TO FORM AND LEGAL CONTENT: e., es F, Penman, City Attorney DE.e-01-01 " 11: 57 11-01-01 11: 54 2002-371 From-LEWIS BRISBOIS BISGARD l SMITH LLP 8088853187 9098853187 P 03 R-171 H87 Job-698 P 03/07 F-155 2002 LICENSE PERMITIlNG LL'v1lTED ENTRY FOR PL13!..IC WORKS PROJECT PL'RPOSES (SBT Partners, LLC) THIS UCEKSE PERMITTING \...IMITED ENTRY fOR PUBLlC WORKS PROJECT PURPOSES (this "Llcense") is ~mlaterally granted by SBT PARTNERS, LLC, a Califomia limited liability company ("'Owner"), to me CITY OF SAN BER-"'lARPINO, a California charter city, cOij'oratt: and politic (the "City"), IN CONSIDERATION OF THE CITY UNDERTAKING THE PUBUC WOlU(.S PROJECT DESCRffiED HEREIN, THE OW'JI."ER GRANTS A LICENSE TO 'fHE CITY, AS FOLLOWS: Section L l'ffective Date of License, This License shall take effect on the dilte when the Owner executcS tl1is License: by and throl.lgh the signature of the Owner's duly autho:ri2ed representative (the "Effective Date"), SeCti01l2. Term of Lict!IISlS. Tllis License sllall commence on !pe Effective Date and t:xpire at 8:00 a.m. Pacific Time 011 JanullrY 11,2003 (the ''Expiration Date"). Section 3. Grant of License. The Owner hereby grants to the City the right to enter upon. llse and allow the pllblic to use that cenain real propeny comwonly known as the nght-of way of former Rose'wood Drive and more specificallY described in me legal description attaChed to this License as Exhibit "A" (the "Form"r Street"), This License is only for use of !he former: Street by the City and as a detollI for publiC pedestrlan aud vehicullit traffic duriPg the City's pursuit of the Harriman Place public works constmction project during me term of this Lll::ense. By entering onto the Former Strt:et or directing othet$ to enter ontO me Former Street after the Effecti"" Date, me: City sh~l haw accepted the use of me Former Street in ilil "AS-IS" and "WHERE IS" condition and subject 10 the terms of this LlcenSe, The Owner ffiaS:eS no representations or warranties to the C.ty reglU'dirlg the condinon of the Former Street or its fitness for any part.cul:n- use, unless expressly set forth in this Llcense, St:ctiOll4, No Offer of Dedi~tiOD or the Fonner Street for Public Use. The Owner intends that this License lS not and shall not be constrUed as an offer of dedication by the Owner of the fomler Street for public use, funher, the rights granted to the City in this License lite by petmission of and subject 10 the control oftltt: Owuer, Section 5, No Iotent to Create Third Panv fleneficiaries. The Owner Intends that tpe righrs granted under this Licens" shall benefit and burden only the Owner and the City. aDd the Owner does not Intend to create any rigl1ts in. or right of action to or for me use or bellefit of any third party, including any member or memba"s of the pubhc or my governmental agency, other thm tht: City, I 5810023820; ,2 EXHIBIT "A" , DEH2-02 ',12:57 12-02-02 11 : 54 2002-371 From-LEWIS BRISBOIS BISGARD & SMITH LLP 9098853187 aoa8853187 P 04 R-272 H87 Job-Sa8 P 04/07 H55 Section 6, Ownl'r CoD~ent to Enforceml'nt of Traffjl! Law~ on the FOrml'f Street, The: Own"r rcql.lcS!S that the City enforce and consents to the City enforcing me provisions of the Californlil Vehicle Code and all local ordinances, resolutions and regulaTions applicable to pc:desTrian, vehict.\lar, bicycle and other traffic on public streets within the CiTY (COllecllvely, "Traffic I-aws"l, to the same eXTent and in the same mlUlller as the City enforces such Traffic Laws on public sneets within the City, regarding any similar activity on the Former Street during the teml of this L.icense, Section i, InStllUlltioll of Traffic Cllntrol De~ices, The Owner ronsentS to the City llmallmg omy and all traffic conuul devices, inclu4ing, bt.\t not limited to, Signs and barriers, on the fonner Strl'et awing the term of tlris LicellSe Design, review and approval of the aforementioned Traffic Control Devices are the sole responsibility of the City or its designee. The Owner i$ nOt responsible for installaTion, maimenance, or the lack thereof. of City Tratlic ConlTol Devices, SectiCln 8. Q!yner Covenant Not to Revoke U..enlie. The Owner covenants w the CiTY that the Owner will not revoke this License prior to the: El<piration PaTe. SeCtion 9 Owner Covenant Not tll Remove or Modify Pllved A.rell~ of forllll'r Street.. The Owner covenants to the Ciw not to remove or modify omy areas of the Fonner Sneet that are paved with asphalt, during t1<e term ohhis L.icense, WiThOUT rbt' prior written consent aithe 01)'. Section 10, Owner Cancellation Ri~bL NotwithstandIng any OTher prOVision in this License. the Owner shall have the right to cancel and terminat!: this License, if the City does not agree to accept responsibilitY for all 10ss1:5 or iIijuries occurring on the Former Street to membc:Ts of the pubbc and me contractors, subcontractors, agents. emplQyees and officers of the CiTY, and to the propeny of such persolls who use the Former Street as part ofthc City's pursuit of the Hamman Place ConsnucTion Projoct dwing the term of this License:, by the approval of a motion or resolution of the Mayor and Common Council of me City to such dfect, reasonably satisfaCTOry to The OWner, on or before December 2, 2002, The right of me Ownet lO cancel anq terminal/' this License must be exercised by The Owner by serving wrmeu notice of its exercise: of such right. referencing this Section 10, on the City, purS\.Illllt to the provisions of SecTion 11 of this License, and thereaftel' such comCi:llarion of the Liceose shall be effective fourteen (14) days following me date of 5t.\ch nmice, Seclion 11, NqTic:e to tbl' Parties. for the purpose of this License, communications and notices among the Owner and the City shall be in writing and shall he deemed to have been given when actually delivered, if deliv<:red by courier or ovornight courier service, or if IMiled, tbree (3) days following the date of deposit in we United States Mail, First ClllSs, postage prepaid, retum receipt reqUC:Sled and a4dreSsed to the applicable parry as folloWS: To the City: To Owner: City of SiUI Bernardino 300 N. "D" Strt:<:t San Bernardino, California 92418 Attention: Ray Casey, City Engineer phone: (909) FAX: (909) Phone: L-> FAX: LJ 2 S132002J820~ 2 DEC-D2-02, 12:57 9098853187 2002-371 P 05 12-02-02 11 :55 From-LEWIS BRISBOIS BISGARD' SMITH LLP 8098B53187 R-272 Job-69B T-887 P 05/07 F-255 Section 12 Govl!TlJiuf: Law. This License is granted and the subject fonn<:r Street is located in California Tllis License shall pe governed by, imelpreted under, and cons{med and enforced in accordance with the laws of the State of California, Any legal actions between the Owner and the Cny arising from this License shall be filed ill the Superior Court of the State of California In and for the County of San Bernardino, Central Dismct. Section 13, Partiallnvaliditv. If any term or provisIOn or portion of this License or the application thereof to any person or circumsmnce shall, to any extent, be invalid Ot unenfofceaple. the remainder of this License, or the application of such term or provision or portion thereof to persons or circumstances other than those as to which it is hdd invalid or unenforceable, shll!lllOt be affected thereby, and each such tron and provision of thi~ Licens" shl\1l be valid and enforced to the fullest extent pe.muned by law Section 14. Waivers.. No waiver of any bre;iCh of any covenant or provision contained in this License shall be deemed l\ waiver of any precedulg or succeeding breach thereof, or of lIl1Y other covenant or proviSion hettin contained- No eXlellSlOn of the time for perfoIlIlance of any obligation or act to be performed herein shall not be deemed to be an ex~ensioTl of the timc for performance of any orher obligarion or act to bi': performed under this License, Secrion 15, Professional Fffi. If any action or suit llITIong thc Owner and the CitY is brought by reason of any breach of any of the coveIlilllts or provisions of this License. the prevailing pnny shall be entirled to have and recov~ of and from the other pnny all CDS,S and expenses of the action or suit, any appeals therefrom. and enforcement of any judgment in connection therewith, includmg reasonable i\norneys' fees, accounting and engineering fees, and ;my other professional fees resulting therefrom- F(lf the purposes afthis Section 16, the p)lrase "reasonable auorneys' fees" shall mean and include the salaries, costs, benefits and overhead of the CitY Attorney for the City of San Bernardino and rhe attorneys employed in such office who perform work in COlUlecnon with any ,;uell action or proceeding. Section 16. Entire Al!"reemelU. This License (including all Exhibits atlached hereto) is the final expression of, and com..ins the entire agreemenr with respect to rhe subject nlaner hereof and supersedes all prior \Ulderstaudings with respect thereto. This License may not be modified, changed, supplemented or ~erminated, nor may any Obligations hereunder be waived, except by wriucn instrument signed by the party to be charged Ot by its agent duly authori2ed in writing or as otherwise expressly pennined herein. Section 17, ConstrUction. Headings at the beginning of each sectioll, paragraph or subparagraph are solely for the convenience of the parries and aI''' nOt a part of this LiCCll$e- Whenever requuoo by the comext of this License, the singular shall include the plural and the masculine sPall include the feminine and vice versa. This License shall not be constrl.l~d as if it had been prc::pared by one of the panies, but rather as if both panies had prepared .hf: sanle, Uflless otherwIse indicated. all references to sections a.-e ta this lic<"nsc, All el<!libils .."fetrad 10 in tillS Lic<:nse lITe attached h"T~ta and incorpntated herein by this refer.:nce, If the dare on which any ""tion is requited to be perfonncd under the terms of this License is not a business day, the action shall be taken on the next succeeding business day, 3 Sll20ll2 3B20S2 DEe-ON2 ' 12: 57 12-02-02 11 :55 9098853187 2002-371 P 05 R-m Job-598 From-LEWIS BRISBOIS BISGARD , SMITH LLP 9098853187 T-887 P 05/07 F-255 IN WITNESS WHEREOF. SaT Partners. LLC, executeS This License Permitting Limited f'utry for Public Works ProjecT purposes by and tbrOugh the siguarure of its duly authorized represemative. as follows: OWNER saT ParUlers, LLC, a California limited liabiliry company Dated: l;l-;;J -fly BY~~ 4 SB~02-31i20:i_2 " OE9-0H2 ,12:57 12-02-02 1\ :55 sa200U8~05 2 9095553157 2002-371 P 07 From-LEWIS BRISBOIS BISGARO & S~ITH LLP 9098853157 EXHIBIT "A" ~I!~al Desl'ription of the Former Street 5 R-272 T-5B7 Job-69B P07107 H55 2002-371 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF ROSEWOOOD DRIVE, 50,00 FEET WIDE, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOVVN ON THE MAP OF TRACT No, 2743, FILED IN BOOK 38, PAGE 47 OF MAPS, RECORDS OF SAID COUNTY; TOGETHER WITH THAT PORTION OF LOT 59 OF SAID TRACT No, 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 7092, PAGE 781 OF OFFICIAL RECORDS OF SAID COUNTY; TOGETHER WITH THAT PORTION OF LOT 54 OF SAID TRACT No, 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED AS INSTRUMENT No, 83.0285282 OF SAID OFFICIAL RECORDS; TOGETHER WITH THAT PORTION OF LOT 52 OF SAID TRACT No, 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 9329, PAGE 1305 OF SAID OFFICIAL RECORDS; TOGETHER WITH THOSE PORTIONS OF LOTS 50 AND 51 OF SAID TRACT No, 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 6419, PAGE 180 OF SAID OFFICIAL RECORDS; TOGETHER WITH THAT PORTION OF LOT 44 OF SAID TRACT No, 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 8718, PAGE 787 OF SAID OFFICIAL RECORDS; AND TOGETHER WITH THAT PORTION OF LOT 43 OF SAID TRACT No, 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 8916, PAGE 1339, AND RERECORDED IN BOOK 8928, PAGE 596, BOTH OF SAID OFFICIAL RECORDS; TOGETHER MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF TIPPECANOE AVENUE, 60,00 FEET WIDE, AND ROSEWOOD DRIVE, 50,00 FEET WIDE, AS SAID STREETS ARE SHOWN ON SAID MAP OF TRACT NO, 2743; THENCE NORTH 89048'23" WEST 191.00 FEET ALONG SAID CENTERLINE OF ROSEWOOD DRIVE TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 59 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00007'58" WEST 30,00 FEET ALONG SAID SOUTHERLY PROLONGATION AND SAID EASTERLY LINE TO THE NORTHERLY LINE OF THE SOUTHERLY 5,00 FEET OF SAID LOT 59, AS DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 7092, PAGE 781 OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 65,02 FEET ALONG SAID NORTHERLY LINE TO THE WESTERLY LINE OF SAID LOT 59; THENCE SOUTH 00007'57" EAST 5,00 FEET ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID ROSEWOOD DRIVE, AS SHOWN ON SAID MAP; THENCE NORTH 89048'23" WEST 260,09 FEET ALONG SAID NORTHERLY LINE OF ROSEWOOD DRIVE, ALSO BEING THE SOUTHERLY LINE OF LOTS 55 THROUGH 58 INCLUSIVE, OF SAID TRACT No, 2743, TO THE SOUTHEAST CORNER OF SAID LOT 54; THENCE NORTH 00007'53" WEST 5,00 FEET ALONG THE EASTERLY LINE OF SAID LOT 54 TO THE NORTHERLY LINE OF THE SOUTHERLY 5,00 FEET OF SAID LOT 54, AS DESCRIBED IN SAID DOCUMENT RECORDED AS INSTRUMENT No, 83-0285282 OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 65,02 FEET ALONG SAID NORTHERLY LINE TO THE WESTERLY LINE OF SAID LOT 54; THENCE SOUTH 00007'52" EAST ALONG SAID WESTERLY LINE TO SAID NORTHERLY LINE OF ROSEWOOD DRIVE; THENCE NORTH 89048'23" WEST 65,02 FEET ALONG SAID NORTHERLY LINE OF ROSEWOOD DRIVE, ALSO BEING THE SOUTHERLY LINE OF LOT 53 OF SAID TRACT No, 2743, TO THE SOUTHEAST lIIOO] 13'.M~ppin,\lcl;~ls\STREET V ACA TIO/'JIAOOl I :;01 .doc 2002-371 CORNER OF SAID LOT 52; THENCE NORTH 00007'51" WEST 5,00 FEET ALONG THE EASTERL Y LINE OF SAlD LOT 52 TO THE NORTHERLY LINE OF THE SOUTHERLY 5,00 FEET OF SAID LOT 52, AS DESCRIBED IN SAID DOClft"IENT RECORDED IN BOOK 9329, PAGE 1305 OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 180,02 FEET ALONG SAID NORTHERLY LINE, AND CONTIN1JING ALONG THE NORTHERLY LINE OF THE SOUTHERLY 5,00 FEET OF SAID LOTS 51 AND 50, AS DESCRIBED IN SAID DOClft"IENT RECORDED IN BOOK 6419, PAGE 180 OF OFFICIAL RECORDS; THENCE PERPENDICULAR TO SAID NORTHERLY LINE OF ROSEWOOD DRIVE, SOUTH 00011'37" WEST 500 FEET TO SAID NORTHERLY LINE OF ROSEWOOD DRIVE; THENCE NORTH 89048'23" WEST 340,14 FEET ALONG SAID NORTHERLY LINE OF ROSEWOOD DRIVE, ALSO BEING THE SOUTHERLY LINE OF SAID LOT 50 AND LOTS 45 THROUGH 49 OF SAID TRACT No, 2743, TO THE SOUTHEAST CORNER OF SAID LOT 44; THENCE NORTH 00007'44" WEST 5,00 FEET ALONG THE EASTERLY LINE OF SAID LOT 44 TO THE NORTHERLY LINE OF THE SOUTHERLY 5,00 FEET OF SAID LOT 44, AS DESCRIBED IN SAID DOCillvlENT RECORDED IN BOOK 8718, PAGE 787 OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 110,16 FEET ALONG SAID NORTHERLY LINE, AND CONTINUING ALONG THE NORTHERLY LINE OF THE SOUTHERLY 5,00 FEET OF SAID LOT 43, AS DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 8916, PAGE 1339, AND RERECORDED IN BOOK 8928, PAGE 596, BOTH OF OFFICIAL RECORDS, TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 20,00 FEET; THENCE NORTHWESTERLY 3130 FEET ALONG SAID CURVE AND CONTIN1JING ALONG SAID NORTHERLY LINE, THROUGH A CENTRAL ANGLE OF 89040'41" TO A POINT OF TANGENCY WITH THE EASTERLY LINE OF ORCHARD DRlVE, AS SHOWN ON SAID MAP; THENCE SOUTH 00007'42" EAST 84,95 FEET ALONG SAID EASTERLY LINE TO A POINT OF CUSP OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 10,00 FEET, A LINE RADIAL TO SAID POINT OF CUSP BEARS SOUTH 89052'18" WEST; THENCE NORTHEASTERLY 15,76 FEET ALONG SAID CURVE, ALSO BEING THE NORTHWESTERLY LINE OF LOT 78 OF SAID TRACT No, 2743, THROUGH A CENTRAL ANGLE OF 90019'19" TO THE SOUTHERLY LINE OF SAID ROSEWOOD DRIVE; THENCE SOUTH 89048'23" EAST 1095.35 FEET ALONG SAID SOUTHERLY LINE, ALSO BEING THE NORTHERLY LINE OF SAID LOT 78 AND LOTS 62 THROUGH 77 INCLUSIVE, OF SAID TRACT No 2743, TO THE POINT OF INTERSECTION OF SAID SOUTHERLY LINE WlTH SAID SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 59; THENCE NORTH 00007'58" WEST 25,00 FEET ALONG SAID SOUTHERLY PROLONGATION TO THE TRUE POINT OF BEGINNING, PREPARED UNDER MY SUPERVISION: ~-A STEVE SHAM BECK, P,L.S, 6217 LICENSE EXPIRES 3/31106 (p It ~ ftco Z. DATE U' 00313'M~ppin&\l~g~ls\STREET V ACATION\AOO} 1301 dcc 2002-371 EXHIBIT nB" LEGAL DESCRIPTION THAT PORTION OF ORCHARD DRIVE AND ROSEWOOD DRIVE, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOW'N ON THE MAP OF TRACT 2743, FILED IN BOOK 38, PAGE 47 OF MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH WEST CORNER OF SAID TRACT NO, 2743, THENCE NORTH 00007'42" WEST 210,77 FEET ALONG THE WEST LINE OF SAID TRACT TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 508,00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 13009'41" EAST; THENCE NORTHEASTERLY 31.05 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03030'08" TO A NON-TANGENT LINE, BEING THE EAST LINE OF ORCHARD DRIVE, OF SAID TRACT NO, 2743; THENCE SOUTH 00007'42" EAST 218,86 FEET ALONG SAID EAST LINE OF ORCHARD DRIVE TO THE SOUTH LINE OF SAID TRACT NO, 2743; THENCE NORTH 89048'15" WEST 30,00 FEET ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING PREPARED UNDER MY SUPERVISION: ffi-J 4/~/'lWZ_ DATE STEVE SHAMBECK, PLS, 6217 LICENSE EXPIRES 3/31106