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HomeMy WebLinkAbout1994-145 1 RESOLUTION NO. 94-145 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AND AGREEMENT WITH ARCO PRODUCTS COMPANY 3 RELATING TO RELOCATION OF AN EXISTING MONUMENT SIGN IN AN EXISTING CITY SEWER EASEMENT AT THE NORTHWEST CORNER OF HALLMARK 4 PARKWAY AND UNIVERSITY PARKWAY; AND RESCINDING RESOLUTION NO. 94- 89. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 The Mayor of the City of San Bernardino is SECTION 1. 8 hereby authorized and directed to execute on behalf of said City 9 a License and Agreement with Arco Products Company, relating to 10 relocation of an existing monument sign into an existing City 11 sewer easement at the northwest corner of Hallmark Parkway and 12 University Parkway, copy of which is attached hereto, marked 13 Exhibit "A" and incorporated herein by reference as fully as 14 15 16 17 18 19 20 though set forth at length. SECTION 2. The agreement shall not take effect until fully signed and executed by all parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execute the above- 21 referenced agreement is rescinded if the parties to the agreement 22 fail to execute it within sixty (60) days of the passage of this 23 resolution. 24 SECTION 4. Resolution No. 94-89 is hereby rescinded. 25 I I I I 26 I I I I 27 I I I I 28 I I I I 5/25/94 RESO: AUTHORIZING EXECUTION OF LICENSE AND AGREEMENT WITH ARCO PRODUCTS COMPANY RELATING TO RELOCATION OF AN EXISTING MONUMENT SIGN. ' 94-145 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a regular meeting thereof, held on the 4 20thday of June , 1994, by the following vote, to-wit: 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM 12 MILLER x x x x x x x 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~d~ Ra el Clark, City Clerk The foregoing resolution is hereby approved this ..ra , 1994. day of June City Mlnor, Mayor San Bernardino Approved as to form and legal content: James F. Penman City Attorney By~l2~ ,/ - 2 - 94-145 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 5th day of Jul y 1994, by and between ATLANTIC RICHFIELD COMPANY, a Delaware corporation hereinafter sometimes referred to as "Licensee," and the CITY OF SAN BERNARDINO, a municipal corporation hereafter sometimes 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, in conformance with existing laws on a certain portion of the City's Sewer Easement located at the northwest corner of Hallmark Parkway and University Parkway, San Bernardino, California, a monument sign at such location and subject to any requirements or conditions as may be imposed by the Director of Public ~Iorksl City Engineer and the Director of Planning and Building Services of the City. 2. This permission is given to Licensee as an accommodation to Licensee and shall be rent free. 3. Licensee hereby acknowledges the title and paramount interest of City to the Sewer Easement and agrees never to assail or resist said title or interest and to observe present or future set-back requirements relating thereto. 94-145 1 4. Ci ty reserves the right to terminate the permission 2 hereby given at any time by giving Licensee at least thirty (30) 3 days written notice of such termination, except that City may, at 4 its election, terminate said permission forthwith at any time if 5 Licensee shall fail to comply with or abide by each and all of 6 the provisions hereof or keep each and all of the Licensee's 7 promises herein. Waiver by City of any breach of any term or 8 provision hereof .shall not be deemed a waiver of any subsequent 9 breach of the same or any other term or provision hereof. 10 5. Licensee agrees to construct the monument sign only 11 with the specific written authorization of the Director of Public 12 WorkslCity Engineer and at that site as is designated by the 13 Director of Public Works/City Engineer. The monument sign shall 14 be maintained at all times in a safe, neat, sightly and good 15 physical condition. City shall be the sole judge of the quality 16 of maintenance, and upon written notice by City, through its 17 Director of Public Works/City Engineer, stating in general terms 18 how and in what manner the maintenance is required, Licensee 19 shall be required to perform such required maintenance. If 20 Licensee fails to do so, then City shall have the right to 21 perform this maintenance, the cost of which shall be borne by 22 Licensee. Licensee further agrees to erect and maintain the 23 monument sign in conformity with all building codes, rules, 24 regulations and guidelines of the City of San Bernardino. 25 Licensee shall at its own responsibility and expense obtain and 26 keep in effect all licenses, bonds and permits necessary for the 27 installation and existence of the monument sign. 28 IIII - 2 - 94-145 1 6. Upon termination of this agreement, Licensee agrees 2 to immediately remove the monument sign from the sewer easement 3 and to restore the easement to its original condition. If 4 Licensee fails to exercise its duties under this paragraph, City 5 shall have the right to remove the monument sign and restore the 6 premises at no cost or liability to the City. Licensee covenants 7 and agrees to reimburse City for such removal andlor restoration. 8 7. City shall in no way be responsible for loss of or 9 damage to the monument sign or for any property belonging to or 10 rented by Licensee, its officers, servants, agents or employees 11 that may be stolen, destroyed or in any way damaged during the 12 erection or maintenance of the monument sign, and Licensee 13 indemnifies City, its officers, agents, servants and employees 14 from and against any and all such claims. 15 8. Licensee shall exercise its privileges under this 16 license at its own risk. Licensee shall indemnify and hold 17 harmless City, its elective and appointive boards, commissions, 18 officers, agents and employees from liability resulting from, 19 arising out of, or in any way connected with, the construction or 20 installation of any structure referenced to in this license, the 21 occupation or use of the public areas of such structure, both 22 during and after the installation thereof, including claims 23 resulting from the conduct of Licensee, its employees, invitees, 24 guests or agents of Licensee, or Licensee's failure to perform 25 its promises in connection herewith. Licensee shall defend City, 26 its elective and appointive board, commissions, officers, agents 27 and employees from any suits or actions at law or in equity for 28 damages caused, or alleged to have been caused by reason of any - 3 - ,-- 94-145 . . 1 of Licensee's operations under this agreement. 2 9. Licensee agrees to furnish City with a certificate of 3 insurance as proof that it has secured and paid for a policy of 4 public liability insurance covering all public risks related to 5 the use, maintenance, existence or location of the monument sign. 6 The amounts of that insurance shall be as follows: 7 Property damage, per occurrence $1,000,000 CSL 8 Personal injury or death, per occurrence $1,000,000 CSL 9 with the understanding of and agreement by Licensee that such 10 insurance amounts shall be revised upward at City's option and 11 Licensee will so revise such amounts wi thin --1Q. days following 12 notice to Licensee of those requirements. 13 10. This license is personal to Licensee. It is 14 nonassignable and any attempt to assign this license will 15 terminate the license privileges granted to Licensee under this 16 agreement. 17 11. Licensee agrees that should any action, whether real 18 or asserted, at law or in equity, rise out of the terms of this 19 agreement, or by Licensee's operations on the premises, venue for 20 that action shall lie in San Bernardino County, California. 21 12. In any action brought by City for the enforcement of 22 the obligations of Licensee, in which City prevails, City shall 23 be entitled to recover interest and reasonable attorney's fees. 24 I I I I 25 I / I I 26 I I / I 27 I I I I 28 I I I I - 4 - CALIFORNIA ALL.PURPO 'i , State of CALIFORNIA . County of ORANGE On 7-5-94 ... DATE befo,o me, I personally appeared J. J. Coffey and Daniel J. Rolf NAME(S) OF SIGNER{S) ACKNOWLEDGMENT } Marianne Douqlas, Notary Public NAME. TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" [3 personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jWare subscribed to the within instrument and ac- knowledged to me that ~\<!I,s/'1j!/they executed the same in ~r-rIj1Nltheir authorized capacity(ies), and that by;l)1$fI1<trjl'their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument ", WlW1JlOC 00.:..... COMM. #97lWl ~ NIle - CalIlaMIa lCI NCEIES COAMIf ....Cclmm. ~ HICN It. W. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: WITNESS my hand and official seal. ~o~ OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT No. 5193 - OPTIONAL SECTION _ CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable 10 persons relying on the document. D INDIVIDUAL KJ CORPORATE OFFICER(S) Ass't Vice Pres. & Ass't S TITLE(S) D PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY{IES) Atlantic Richfield Canpany Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE NUM8ER OF PAGES 5 DATE OF DOCUMENT License and Aoreement @1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 94 U5 '" '" "' ci z ICCOCl>. , w - > C Z ~e CD .~ Ol a. E .... (5 " - z i;;'15 zen"'E'O o >- -6 o~ t= = Q) (1)- (.) '=CJ)C W Q::I C 0 CI') W ~-i5 g> .....__'0->. _ ~ 0 .Qi ...... _ c;::..... Z C ooOU) o ....I :g a; 15 i= Co.) "O.c ~ Q.>-l'lJ'l! OI-.2ct3o _ ro"O- I Co.) (;j Q) J!2 -" .c.c..c ..... 0) - cO a.. ::I c: ..2 C 0'- ro (,,) ;:: ~-~ ... Z III :I c:I Q III ... :I o Z lll: U CC III fI) o A. II: :>> A. . ... ... CC CC - Z II: o II. - ... 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It '- '~" ~ fum Min r, Mayor CITY OF SAN BERNARDINO 6 7 8 C~ C!L~~ ATLANTIC RICHFIELD COMPANY, a Delaware co oration Licen ee James F. Penman City Attorney 9 Approved as to form and legal content: By By4*~~ J ~ J. Rolf, Danie 20 21 22 23 24 25 26 27 28 - 5 - 94 145 ACnlllt. CERTIFICATE OF INSURANCE DATE (MMlDOIYY) 04-28-94 ejl ATTER OF INFO MATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE PRODUCER JOHNSON & HIGGINS OF CALIFORNIA CASUALTY DEPARTMENT 2029 CENTURY PARK EAST LOS ANGELES, CALIFORNIA 90067 TEL: (310) 552-8700 COMPANY A Insurance C an of North America INSURED , COMPANY SUBSIDIARIES AND SUBSIDIARIES THEREOF AS NOW B OR HEREINAFTER CONSTITUTED COMPANY 515 SOUTH FLOWER STREET C LOS ANGELES, CALIFORNIA 90071 COMPANY INCLUDING ARCO PRODUCTS COMPANY D COVERAGESc- ___ _<-c' _____. ____._ <j,> _. '_""',_ '_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, Pacific 10 ers Insurance Com an CIGNA Insurance of Texas co LT"I TYPE OF INSURANCE POL.ICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION I DATE (MMfDOIYV) DATE (MMlDD/VY) ; UMITS GENERAL LIABILITY ~ COMPREHENSIVE FORM ~ PREMISES/OPERATIONS S~ UNDERGROUND eXPLOSION & COLLAPSE HAZARD A PRODUCTS/COMPLETED QPER CONTRACTUAL : 'INDEPENDENT CONTRACTORS ~ BROAD FORM PROPERTY DAMAG i PERSONAL INJURY ~OMOB1L.E l.IABILITY H ANY AUTO : . ALL OWNED AUTOS (Private Pass: H ALL OWNED AUTOS I, (Other than ?rtvatepassenger; R HIRED AUTOS : NON-OWNED AUTOS R GARAGE LIABILITY BODiLY INJURY oee $ BODILY INJURY AGG $ ISL GI 519134-A 01-01-93 PROPERTY DAMAGE AGG o l-O l-96 I BI& PD COMBINED oce $ $ $ , I BI & PO COMBINED AGG * $ I PERSONAL INJURY AGG PROPERTY DAMAGE OCC *Products BODILY INJURY , (Per person) I' 1 BODILY INJURY ~ (Per accident) , ! PROPERTY DAMAGE BODILY INJURY & 1 PROPERiY DAMAGE ! $ COMBINED UMBRELlA FORM OTHER THAN UMBRELLA FORM ! I WORKERS COMPENSATION AND EMPLOYERS' UABILITY EACH OCCURRENCE I AGGREGATE 1$ 1$ $ : THE ;:>ROPRIETOR' I PARTNERS/EXECUTIVE OFFICERS ARE OTHER R INCe EXCL STATUTORY LIMITS EACH ACCIDENT $ DISEASE - POLICY LIMIT $ . DISEASE - EACH EMPLOYEE !Ii , I , I DESCRIPTION OF OPERATlONSlLOCATIONSlVEHICLESISPECIAL ITEMS RE: AGREEMENT TO ALLOW MONUMENT SIGN IN EXISTING CITY SEWER EASEMENT. CITY FILE #10.05 "H" LOCATIONL ARCO FACILITY #05887 LOCATED AT NWC HALLKARK/UNlVERSITY, SAN BERNARDINO CITY OF SAN BERNARDINO PUBLIC WORKS/ENGINEERING 300 NORTH D STREET SAN BERNARDINO, CALIFORNIA 924l8-0001 CANCEL~J10N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATlON DATE THEREOF, THE ISSUING COMPANY WILL NDEAVOR TO MAIL ~ DAYS WRmEN NOTICE TO THE CERTlFI AMED TO THE LEFT, CERTIFICATE HOLDER .. om .. _ ~._ OF ANY KIND UPON THE AUTHORIZED REPRESENTATIVE o .-' ACORO 25-N (3193)