HomeMy WebLinkAbout1993-243
RESOLUTION NO.
93-243
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO THE GRANT
OF AN ENCROACHMENT LICENSE AGREEMENT FOR A FEDERAL EXPRESS DROP BOX
3 AT THIRD AND D STREETS IN SAN BERNARDINO.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor is hereby authorized and directed to
execute that certain agreement granting an encroachment license to
7 Federal Express Corporation in a form as attached hereto as Exhibit
8 "A" and incorporated herein for a drop box to be located at Third
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and D streets in San Bernardino.
SECTION 2.
The
authorization
above-
to
execute
the
referenced agreement is rescinded if the parties to the agreement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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I HEREBY CERTIFY that the foregoing resolution was duly
and Common Council of the City of San
15 adopted by the Mayor
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meeting thereof, held on the
, 1993, by the following vote, to wit:
Bernardino at a
rp-ml1ar
19th
day of
Julv
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RES 93-243
RESOLDTIONWITH FEDERAL EXPRESS FOR A DROP-BOX
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2 Councilmembers
3 NEGRETE
4 CURLIN
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6
HERNANDEZ
OBERHELMAN
7 OFFICE VACANT
8
POPE-LUDLAM
9 MILLER
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13
AYES
NAYS
ABSTAIN
ABSENT
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16 Approved as to form
and legal content:
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x
x
x
x
x
x
iAa..U..<-L ~
~ city Clerk
.Tnly
The foregoing resolution is hereby approved this ~~ day of
, 1993.
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JAMES F. PENMAN
city Attorney
By: (h ].
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,
~~)Z/(~
Tom Minor, Mayor
City of San Bernardino
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Ic~~
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Res 93-243
1
ENCROACHMENT LICENSE AGREEMENT
2 THIS ENCROACHMENT LICENSE AGREEMENT made and entered into this
\ '1 ~ day ofS., ~,-\:..t..~\,,,-,,-, 1993, by and between the City of San Bernardino,
3 a Charter City of the State 0 California ("City") and Federal Express Corporation, a Delaware
4 Corporation, ("Federal Express"):
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WITNESSETH:
6 WHEREAS, San Bernardino Municipal Code Chapter 12.08 regulates temporary
7 encroachments on City rights-of-way, and
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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
12 has been retained by the Mayor and Council of the City, and
13 WHEREAS, Federal Express desires to have the ongoing use of a portion of one of the
14 rights-of-way of City for a freestanding Federal Express Drop Box,
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NOW, THEREFORE the parties hereto agree as follows:
1.
City hereby grants to Federal Express the license to install and maintain one (1)
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19 freestanding Federal Express Drop Box adjacent to the curb on the circle drive directly east of
20 City Hall at 300 North "D" Street in the City of San Bernardino.
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The exact location and manner of said installation must be approved by the
2.
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Director of Public Services keeping in mind the public safety, underground utilities and
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pedestrian traffic including those entering and exiting vehicles.
3.
Said installation shall in no way interfere with any existing utility.
4.
Maintenance, removal or relocation of the subject installation shall be the sole
27 responsibility of Federal Express at no expense to the City.
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RES 93-243
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5.
This license is revocable by City for any reason upon 30 day written notice to
2 Federal Express, or its successor in interest, and upon such notice the installation must be
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removed, or relocated, as specified by the City at Federal Express's sole cost and expense, and
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original condition.
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upon such removal or relocation the installation site must be restored as nearly as possible to its
6.
Federal Express hereby agrees to, and shall hold the City, its officers, agents and
8 employees harmless and defend from any liability for damage or claims for damage for personal
9 injury, including death, as well as from claims for property damage which may arise from
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Federal Express', or any subcontractor's operations under this Agreement, whether such
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7.
In consideration for the license granted herein Federal Express shall pay the City
16 $500.00 annually in advance, provided; however, should City terminate this Agreement as set
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forth in Section 5, City shall reimburse to Federal Express a pro rata share of the fees payable
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to City in this Section 7. This pro-rata share amount must be agreed upon by both parties to
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this agreement.
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8.
Any notice to be given pursuant to this Agreement shall be deposited with the
22 United States Postal Service postage prepaid and addressed as follow:
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To City:
To Federal Express:
City of San Bernardino
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Kathy Burke Silva
980 Ranchos Drive
San Marcos, CA 92609
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RES 93-243
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Res 93-243
AGREEMENT WITH FEDERAL EXPRESS CORPORATION FOR DROP-BOX
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Nothing in this paragraph shall be construed to prevent the giving of such notice by
2 personal service.
IN WITNESS WHEREFORE, the parties hereto have executed this Agreement on the
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day and date first above shown.
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6 A TrEST:
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CITY OF SAN BERNARDINO
G ',A::Jv.t. ~L
Cit lerk
~,. ji'
By: / 1-'.' hi Lu 14 \.
Tom Minor, Mayor
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Federal Express, Corporation
By: q,hW\n~
,
GlAR"-.! H. r::,e.t.Lt"'IA,r-J
TITLE: HllNAbC(L CbNV[NI'i.""~L
Nr:-
'woRk.
o,....,r'.",T-:-:-,
AP,- ,-;,~.I .-
I) L ._81 6/2!.-.___._
LEGAL DEPT.
FEDERAL EXPRESS CORPORATION
8950 California Center Drive
Sacramento, CA 95826
(916) 361-5500
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