HomeMy WebLinkAbout1993-066
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RESOLUTION NO. 93-66
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RELATING TO THE GRANT OF AN ENCROACHMENT LICENSE
AGREEMENT FOR A FEDERAL EXPRESS DROP BOX AT THIRD AND D STREETS IN
SAN BERNARDINO
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
7 execute that certain agreement granting an encroachment license to
8 Federal Express Corporation in a form as attached hereto as
9 Exhibit "A" and incorporated herein for a drop box to be located
10 at Third and D Streets in San Bernardino.
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SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of this
resolution.
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AB:km[FEDEXPRE.RES] -1- March II. 1993
RES 93-66
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RELATING TO THE GRANT OF AN ENCROACHMENT LICENSE
2 AGREEMENT FOR A FEDERAL EXPRESS DROP BOX AT THIRD AND D STREETS IN
SAN BERNARDINO
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a reqular
meeting thereof, held on the 22nd
March
, 1993, by the following vote, to wit:
day of
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
REILLY x
HERNANDEZ X
MAUDSLEY x
MINOR x
POPE-LUDLAM x
MILLER y
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City Clerk
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resolution is h~~eby approv a this f~\~\,day
,1993';2/ .'1
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W. 0 com Mayor
City 0 San Bernardino
~ The foregoing
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Approved as to
form and legal content:
23 JAMES F. PENMAN,
City Attorney
:: By: ~,~ ;;
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AB: km[FEDEXPRE. RES]
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March 11. 1993
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ENCROACHMENT LICENSE AGREEMENT
THIS ENCROACHMENT LICENSE AGREEMENT made and entered into this
day of , 1993, by and between the City of
San Bernardino, a Charter City of the State of California ("City")
and Federal Express Corp., a California corporation, ("Federal
Express" ) :
WITNESSETH:
WHEREAS, San Bernardino Municipal Code Chapter l2. 08 regulates
temporary encroachments on City rights-of-way, and
WHEREAS, the Public Services Director is delegated the
authority to approve such temporary encroachments, and
WHEREAS, the authority to grant long term encroachments has
not been delegated but has been retained by the Mayor and Council
of the City, and
WHEREAS, Federal Express desires to have the ongoing use of a
portion of one of the rights-of -way of City for a freestanding
Federal Express Drop Box,
NOW, THEREFORE the parties hereto agree as follows:
1. Ci ty hereby grants to Federal Express the license to
install and maintain one (1) freestanding Federal Express Drop Box
adjacent to the curb on the circle drive directly east of City Hall
at 300 North "D" Street in the City of San Bernardino.
2. The exact location and manner of said installation must
be approved by the Director of Public Services keeping in mind the
public safety, underground utilities and pedestrian traffic
including those entering and exiting vehicles.
3. Said installation shall in no way interfere with any
existing utility. Any changes of any utility due to the
installation shall be at the sole expense of Federal Express.
4. Maintenance, removal or relocation of the subject
installation shall be the sole responsibility of Federal Express at
no expense to the City.
5. This license is revocable by City for any reason upon 30
days written notice to Federal Express, or its successor in
interest, and upon such notice the installation must be removed, or
relocated, as specified by the City at Federal Express' sole cost
and expense, and upon such removal or relocation the installation
si te must be restored as nearly as possible to its original
condition.
DAB:km[FEDEXPRE.AGR]
ENCROACHMENT LICENCE AGREEMENT
RES 93-66
6. Federal Express hereby agrees to, and shall hold the
City, its officers, agents and employees harmless and defend form
any liability for damage or claims for damage for personal injury,
including death, as well as from claims for property damage which
may arise from Federal Express', or any subcontractor's operations
under this Agreement, whether such operations be by Federal
Express, or by any subcontractor(s), or by anyone or more persons
directly or indirectly employed by, or acting as agent for Federal
Express, or any subcontractor(s) on their behalf.
7. In consideration for the license granted herein Federal
Express shall pay the City $500.00 annually in advance.
8. Any notice to be given pursuant to this Agreement shall
be deposited with the United States Postal Service postage prepaid
and addressed as follows:
To City:
City of San Bernardino
Public Services Director
300 North D Street
San Bernardino, CA 92418
To Federal Express: Kathy Burke Silva
980 Ranchos Drive
San Marcos, CA 92609
Nothing in this paragraph shall be construed to prevent the
giving of such notice by personal service.
IN WITNESS WHEREFORE, the parties hereto have executed this
Agreement on the day and date first above shown.
CITY OF SAN BERNARDINO
By
W.R. Holcomb, Mayor
Attest:
By
Approved as to form
and legal content:
James F. Penman, City Attorney
By Jk1,>,-" 7 '
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D~'km[FEDEXPRE.AGRJ
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ENCROACHMENT LICENCE AGREEMENT
RES 93-66
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ENCROACHMENT LICENSE AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO, A CHARTER CITY OF THE STATE OF CALIFORNIA AND FEDERAL
EXPRESS CORP., A CALIFORNIA CORPORATION.
FEDERAL EXPRESS CORP.
By
Title:
By
Title:
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