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HomeMy WebLinkAbout1999-028 . . . . 1 RESOLUTION NO. 1999-28 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH CALIFORNIA STATE 3 UNIVERSITY SAN BERNARDINO FOR INSTALLATION OF A CAMPUS EVENT POSTING MONUMENT SIGN IN THE MEDIAN OF UNIVERSITY PARKWAY. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed 7 to execute on behalf of said City a License Agreement with California State University San 8 Bernardino for installation ofa Campus Event Posting Monument Sign in the median of University 9 Parkway, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by 10 reference as fully as though set forth at length. 11 SECTION 2, T~ License Agreement shall not take effect until fully signed and executed .. 12 by all parties. The City shall not be obligated hereunder unless and until the License Agreement is 13 fully executed and no oral agreement relating thereto shall be implied or authorized ] 4 SECTION 3. The authorization to execute the above-referenced Agreement is rescinded if 15 the parties to the Agreement fail to execute it within sixty (60) days of the passage of this Resolution. 16 /II 17 /II 18 /II 19 /II 20 /II 21 /II 22 1/1 23 III 24 /II 25 /II 26 /II 27 1/1 28 /II HEj, [CALSTATE.RESI February 8,1999 1999-28 1 RESOLUTION OF TIlE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH CALIFORNIA STATE UNIVERSITY SAN 2 BERNARDINO FOR INSTALLATION OF A CAMPUS EVENT POSTING MONUMENT SIGN IN THE MEDIAN OF UNIVERSITY PARKWAY. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at ajoint regular meeting thereof, held on the 5 15thday of Februa"Y, 1999, by the following vote, to-wit: ABSTAIN ABSENT 16 .-.) ~'~/i ,/ City :rk' c. " ({c<t.le 17 18 The foregoing Resolution is hereby approved this .DJhday of Feb , 1999. '\ I f{' LeV Judith Valles, Mayor City of San Bernardino ij 19 20 21 Approved as to form 22 and legal content: 23 JAMES F. PENMAN, City Attorney 24 26 27 7'?C/lv~ 25 28 HE/js ICALSTATE.RESI 2 February &, 1999 I 99-28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LICENSE AND AGREEMENT THIS LICENSE AND AGREEMENT is made and entered into this\') ~ay of lil, 1999 by and between California State University San Bernardino, a California State University, hereinafter referred to as "Licensee" and the CITY OF SAN BERNARDINO, a municipal corporation, hereafter referred to as "City". WITNESSETH For and in consideration of the mutual promises and covenants herein contained, the parties hereto do hereby agree as follows: 1. City hereby gives permission, revocable and terminable as hereinafter provided, to Licensee to erect and install in conformance with existing laws on a certain portion of City property located in the median of University Parkway just south of Northpark Boulevard, San Bernardino, California, a Campus Event Posting Monument Sign at such location and subject to any requirements or conditions as may be imposed by the Mayor and Common Council, the Director of Development Services and the City Engineer, including the maps, diagrams, and list of conditions attached as Exhibits B through E, and incorporated herein by reference 2. This permission is given to Licensee as an accommodation to Licensee and shall be rent free, however, the Licensee shall pay a five hundred dollar ($500) administrative fee to the City and obtain a Public Works permit prior to the installation of any sign. 3. Licensee hereby acknowledges the title and paramount interest of the City property and agrees never to assail or resist said title or interest and to observe present or future set -back requirements relating thereto. 4. City reserves the right to terminate the permission hereby given at any time by giving Licensee at least thirty (30) days written notice of such termination except that City may at its election terminate said permission forthwith at any time if Licensee shall fail to comply with or abide by each and all of the provisions hereof or keep each and all of the Licensee's promises herein. Waiver by City of any breach of any term or provision hereof shall not be deemed a waiver of any subsequent breach of the same or any other term or provision hereof HE\dn\(CALSTA TE.L1C ] 1 EXHIBIT "A" .99-28 I 5. Licensee agrees to construct the subject sign only with specific written authorization 2 of the Director of Development Services and the City Engineer. The subject sign shall be maintained 3 at all times in a safe, neat, sightly and good physical condition. City shall be the sole judge of the 4 quality of maintenance, and upon written notice by City, through its Director of Development 5 Services or City Engineer, stating in general terms how and in what manner the maintenance is 6 required, Licensee shall be required to perform such required maintenance. If Licensee fails to do so, 7 then City shall have the right to perform this maintenance, the cost of which shall be borne by 8 Licensee. Licensee further agrees to erect and maintain the subject sign in conformity with all 9 building codes, ordinances, regulations and guidelines of the City of San Bernardino. Licensee shall 10 at its own responsibility and expense obtain and keep in effect all licenses, bonds and permits II necessary for the installation and existence of the subject sign. 12 6. Upon termination of this Agreement, Licensee agrees to immediately remove the 13 subject sign from City property and restore the property to its original condition. If Licensee fails to 14 exercise its duties under this paragraph, City shall have the right to remove the subject sign and IS restore the premises at no cost or liability to the City. Licensee covenants and agrees to reimburse 16 City for such removal and I or restoration. 17 7. City shall in no way be responsible for loss of or damage to the subject sign or for any 18 property belonging to or rented by Licensee, its officers, servants. agents or employees that may be 19 stolen, destroyed or in any way damaged during the erection or maintenance of the sign and Licensee 20 shall defend, indemnifY and hold hann1ess City, its officers, agents, servants and employees from and 21 against any and all such claims. 22 8. Licensee shall exercise its privileges under this License at its own risk. Licensee shall 23 indemniJY, defend and hold hann1ess City, its officers, agents and employees from all claims or causes 24 of action, whether for property damage, death or personal injury, resulting from, arising out of, or 25 in any way connected with, the construction, installation, maintenance, or removal of any structure 26 referenced in this Agreement, the occupation or use of the public areas of such structure, both during 27 and after the installation thereof, including claims or causes of action resulting from the conduct of 28 III HE\dn\[CALSTATE.LIC] 2 EXHIBIT "A" '99-28 I Licensee, its employees, invitees, guests, or agents, or from Licensee's acts or omissions to act under 2 this Agreement. 3 9. Licensee agrees to furnish City with a certificate of insurance as proof that it has 4 secured and paid for a policy of public liability insurance covering all public risks related to the 5 installation and removal, use, maintenance, existence or location of the subject signs. The amounts 6 of that insurance shall be as follows: 7 Property damage, per occurrence $1.000,000 CSL 8 Personal injury or death, per occurrence $1.000,000 CSL 9 with the understanding of and agreement by Licensee that such insurance amounts shall be revised 10 upward at City's option and Licensee will so revise such amounts within thirty (30) days following II notice to Licensee of those requirements. 12 10. This License is personal to Licensee. It is nonassignable, and any attempt to assign 13 this License will terminate the License privileges granted to Licensee under this Agreement. 14 II. Licensee agrees that should any action, whether real or asserted, at law or in IS equity, arise out of the terms of this Agreement, or by Licensee's operations on the premises, venue 16 for that action shall lie in San Bernardino County, California. 17 12. In any action brought by any party for the enforcement of this Agreement, the 18 prevailing party shall be entitled to recover reasonable attorney's fees, court costs, and necessary 19 disbursements. The costs, salary, and expenses of the City Attorney, and members of his office, in 20 connection with that action, shall be considered as attorney's fees for the purposes of this Agreement. 21 /II 22 1/1 23 /II 24 /II 25 /II 26 /II 27 /II 28 /II HE\dn\ICALSTATE.LIc] 3 EXHIBIT "A" 99-28 I AGREEMENT: Campus Event Posting Monument Sign in Median of University Parkway 2 3 IN WITNESS, the parties have executed this agreement on the \'1\1\ day of F<?..D of 1999. 4 5 ( ',' , I j ! i / a Lr <--:l/ Judith Valles, Mayor CITY O~8AN BERNARDINO 6 7 ATTEST: 8 . ) . I .,' vie 'ct:~ l'u<-. <- 9 Cit ' Clerk 10 II 12 13 14 IS 16 17 18 Approved as to form 19 and legal content: 20 JAMES F. PENMAN City ttomey 21 22 ~ , , 23 24 25 CALIFORNIA STATE UNIVERSITY SAN BERNARDINO, A CALIFORNIA ST A TE UNIVERSITY Licensee By ~-'-~~~ Da a DeMauro Vice President of Administration and Finance Attest: 26 27 28 HE\dn\ICALST ATE.LIC] 4 EXHIBIT "A" '99-28 " . : ,__....... I rI \ : , \ . ; ,: : ,: I .......: " " . , I o[gJ : ~ : 0 I :~-~-- . Exhibit "B-1" g.1 I- W W I I!) z' 1-4: Z-l WIL I-LD Z2W ~(JO WLrl 1!)l[)4: =>~:i ILI-W Ll!)w 4:(JW 01L1!) :~ ~ " <: r- ill ill J: en z <: ....J a.. ill r- - en en :J a.. ~ <: CJ 99-28 m t- W W ~ :c en I-- \!) Z () 0- <{ 0- I-- D ~ w Z w ~ ill L w u.i > D \D Z w <{ w \D <( Z Ii \!) () \D I-- \!) ::> Ii 0 0-1-- \!) \D \D LZ \D \D W Z Z <{W \)L Z Z (9 I-- I-- I-- f: \!) \!) ::> 3::Z \!) ~ 0:: x: x: WG x: x: w w ZL w :S w I i Z \ W~ c Z , c :S c ("' " 0- ~ - W \!. t- < - , en " ~ '0 ~ ~ ~ 99-28 METAl.. PANS- "OPIN5 ~ 1'.0. ,..m" PNL. El- 10'-E;' />.F5 a\~ -It ;;lll I1-It DC ~11- III I- -I\. -11lJ ~~ IlJ .1- 21ll :z: <:S [: III III ,+. FIN . 't' El- 0'-0' \ . " (\ r--: ,,"-- E o.l " ~v1 o.l " L .t> - V :n . ;J o.lo "E EI!\ -...... . III . ;J o E I!\ :or ;J o E .I :.rr T ,v METAl.. "HANNEl- TRIM A-rrA"H TO "MI!. RI6HT SIDE OPEN MTl. PANEl- EDc$E \I'lR.Ap AROUND "ORNER STACK eoND EG rf RAKED ..!OINT. THESE Vv c,QIJRSES 3/4' I'- EG ~I_Q . "HAI"IFEf'1. EDc$E 3/4' c.oNC. FOUNDATION, TYP r=RONT EL.EY A T\ ON - TYPE I . (2) PEl".II-1ETEl". l".OAD EVENT POSTING.. sc.Al.-E" = 1'-0' SHEET A-:2 ~ . -: . .... ~." ." .". .' .'.: ~ .' . . ;~ :,~:~.: :: .':;;:, ~:;~::.~ ': \ Exhibit "C-1" .'99-28 .. MTL PANEL 'c: COURSING -$ T.O. MTL PANEL EL 10'-11" MOD AFG - , BRICK , . Q I , N - ~ : Il"I :. BRICK N . <( N . : ;1 III ..... BRICK Il"I N b I N ~ BRICK Il"I , N : b I N 'r 411 H C. . 5/4" ~/4" .,Ill ->i . I'- "" FIN GRADE ~r III IIIIIil 't' EL 0'-0' I' ~m~ =111=::111:- r1t-::':1TEI . .. COURSING COURSING COURSING MU COURSING FOUNDATION * !:>-n=wGT INFO 5EE @ .1\1~31~UF -;,il!\ II I 11'- SEe, TION - TYP~\I' @PERIMETERROADEVE.NTP.OSTINe !:>GALE 1".1'-0' . SHEET A-4 Exhibit "C-2" 99-28 ,," Exhibit "0" ~\Jlj'f . . Res 99-28 , I . f--- lpROGF~ ADMINISTRATOR I Rebert F. Driver Company, Inc. I 201 Spear Street, Suite 1620 I San Francisco, CA 94105 I 415.371.5400 I I PROGRfU'o! MEMBER I Ci1itornia Stat.e University I Sin Bernardino Attn; Arthur M. Butler I 5'~OO university Parkway I Sln Bernardino, CA 92407 I f--- I I I I I ~~\'I!lll'" I I I ! I I I PUBL:C ENTITY LIABILITY IS DEFINED IN THE MEMORANDUM,S) OF COVERAGE ON FILE WITH THE ENTITY, AND COPIES ARE AVAILABLE ON I REQUl-:ST. I I I TYPE OF COVERAGE: I PUBLJC ENTITY LIABILITY INCLUDING; CERTIFICATE OF COVERAGE ISSUE DATE: 02/25/99 , I I ! I I I ! ! I I I I I --I I , I I I "'::mr.:;"I I I I I I I I , I --1 PER I 1 I I 1 I I I I I , I I --1 I I I I I I I , 1 I I I I I I I I I I , , ! I I I I I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOw. MEMORANDUM OF COVERAGE NUMBER PROGRAM AFFORDING COVERAGE RMA-SanB 9899-01 California State University Risk Management Authority )1'" COVERAGES THIS IS TO CERTIFY THAT THE COVERAGE IS AFFORDED TO THE ABOVE NAMED MEMBER, AS PROVIDED BY THE MEMORANDUM(S) OF COVERAGE, FOR THE <DVERAGE PERIOD SHOWN BELOW, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESP]~CT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE PROGRAM DESCRIBED HEREIN IS SUBJI:CT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUM(S) OF COVERAGE. THE FOLLOWING COVERAGE IS IN EFFECT: .....J;~;~... COVERAGE PERIOD DEDUCTIBLE LIABILITY LIMIT OCClJRRENCE I I I I I , I I I I f- r AJTOMOBILE LIABILITy I ,-, ) I jOWNED AUTOMOBILES I f-I I I jNON-OWNEO AUTOMOBILES ! f-I I I I~IREO AUTOMOBILES I ~ I I I I I I I GENERAL LIABILITy; r-1 I X I GENERAL LIABILITY f-j I ~ICONTRACTUAL LIABILITY f-j ! xl PRODUCTS/COMPLETED OPERATIONS H I X I PUBLIC OFFICIALS LIABILITY '--, FROM: 07/01/98 TO; 06/30/99 $ 35,000 $ 1,000,000 FROM: TO; $ $ o'rHER FROM, TO, $ $ DESCR~PTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ':'he City of San Bernardino is named additional covered party as respects the Job ItH977096. CERTIfICATE HOLDER C~rydon Construction 17050 Ranchero Road Riverside, CA 92504 Attn; Job #W977096 Inc. CANCELLATION SHOULD AN'{ OF THE: ABOVE COVERAGE(S) BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTH'ICATE HOLDli:R NAMED TO THE LEFT, BUT FAILURE TO MAIL SU NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF INn UPON THE MPANY, ITS AGENTS OR REPRESENTATIVES. 99-28 Campus EvenfMonument Sign for CSUSB MCC Meeting of February 1, 1999 " CONDITIONS OF APPROVAL FOR CAMPUS EVENT MONUMENT SIGN FOR CALIFORNIA STATE UNIVERSITY SAN BERNARDINO 1. Applicant shall be responsible for maintenance of Campus Event Monument Sign and shall repair or replace sign, if damaged or defaced, within one week of notice from the City. 2. Changeable message sign copy shall be subject to the review and approval of the Director of Development Services. 3. Applicant shall be responsible for all costs of installing and maintaining the sign. A public works construction permit shall be obtained from the public works division prior to start of work installing the sign. 4. Exact placement of the sign shall be subject to the approval of the City Traffic Engineer based on field conditions. 5. Concrete walkways shall be constructed from the curb to the sign for maintenance pathways, so a to avoid excessive wear on the existing landscaping. 6. Applicant shall repair or replace any landscaping or irrigation damaged during construction, maintenance or operation of the sign. 7. During maintenance or changing of sign copy, applicant shall comply with all requirements of the "Work Area Traffic Control" (WATCH) manual and directives of the City Traffic Engineer. 8. If the sign is found to interfere with present or future use of the public right-of-way, then it shall be promptly removed or relocated by the applicant upon notice by the City. 9. Applicant shall indemnify and hold harmless the City from liability resulting from the sign. 10.Applicant shall provide proof of public liability insurance in an amount specified by the City Attomey. Such insurance shall be maintained for the entire period of the agreement. 11. The applicant may terminate the license agreement at any time upon delivery of written notice to the City. 12.Upon expiration or termination of the license agreement. the sign shall be promptly removed from the public right-of-way and the affected area restored to its original condition. Exhibit "E"