HomeMy WebLinkAbout1990-443
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RESOLUTION NO. t7t7 -~~3
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CENTURY HOMES RELATING TO
3 CONSTRUCTION OF A PEDESTRIAN RAMP AT 1535 SOUTH "D" STREET.
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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 execute on behalf of said City an Agreement with Century
Homes, relating to construction of a pedestrian ramp at 1535
South "D" Street, a copy of said agreement is attached hereto,
marked Exhibit "A", and incorporated herein by reference as fully
as though set forth at length.
SECTION 2.
This agreement and any amendments or
modifications thereto shall not take effect or become operative
until fully signed and executed by the parties and no party shall
be obligated hereunder until the time of such execution. No oral
agreements, amendments, modifications or waivers are intended or
authorized and shall not be implied from any act or course of
conduct of any party.
SECTION 3.
This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60) days of the
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passage of this resolution.
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10/18/90
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RESO: AUTHORIZING AGREEMENT WITH CENTURY HOMES RELATING
TO CONSTRUCTION OF PEDESTRIAN RAMP AT 1535 SO. "D" ST.
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
4 ,5~ day of
a /UlrJ~ meeting thereof, held on the
~P1~~~; , 1990, by the following vote, to-
5 wit:
6 Council Members: AYES NAYS ABSTAIN
7 ESTRADA V-
8 REILLY V--
9 FLORES V-
10 MAUDSLEY ~
11 MINOR "..-
12 POPE-LUDLAM Y--'
13 MILLER V--
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l,{~ ~"'cd==
City Clerk
The foregoing resolution is hereby approved this ~~
day of L/It/~, 1990.
Approved as to form
22 and legal content:
23 James F. Penman
City Attorney
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10/18/90
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EXHIBIT nAn
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AGREEMENT
(License for Encroachment)
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/ t? h--
day of
is
entered into this
This AGREEMENT
5 ~~, 1990, by and between the CITY OF SAN BERNARDINO, a
6 municipal corporation, referred to as "City", and CENTURY HOMES,
7 referred to as "Licensee".
City and Licensee agree as follows:
1. Recitals.
(a)
Licensee has requested permission from City for
11 the encroachment of a pedestrian ramp in the street right of way
12 at 1535 South "D" Street.
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(b)
Ci ty is willing to grant permission to Licensee
14 for said construction and installation to the extent to which
15 such permission may be given by City, upon the conditions set
16 forth in this agreement.
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18 construct and install a Pedestrian Ramp, (36) thirty-six feet in
2. License Granted. City grants permission to Licensee to
19 length, five (5) feet in width, and with an (8.3%) eight and 3/10
20 per cent maximum slope to provide access to the office of CENTURY
21 HOMES in the street right of way at 1535 South "D" Street as
22 depicted on a drawing on file in the office of the Director of
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23 Public Works/City Engineer of the City of San Bernardino.
3.
Construction/Installation.
Licensee agrees to
25 construct and install the Pedestrian Ramp in accordance with the
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drawing on file.
No alterations or changes from said drawing
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27 shall be made without first receiving written approval from the
BAS/mg1[license.agr]
October 9, 1990
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City of San Bernardino.
Rules and Regulations.
Licensee shall observe all
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rules, regulations, ordinances and enactments of City and all
4 applicable statutes of the State of California in constructing,
5 installing and maintaining the sign.
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5. Relocation. Should City ever determine a need to make
7 public improvements in the area covered by this agreement, or
8 shall otherwise require modification or removal of the
9 encroaching structure, Licensee agrees to cooperate with all
10 reasonable requests of the City as necessary to accommodate the
11 City's need.
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Liability Insurance.
Licensee agrees to procure and
13 maintain in force during the term of this agreement, and any
14 extension, at its expense, liability insurance in the amount of
15 $1,000,000, to protect against liability resulting from, arising
16 out of, or in any way connected with, the construction,
17 installation and maintenance of the structure installed hereunder
18 by Licensee or any of its officers, contractors, agents or
19 employees. City shall be set out as additional named insured in
20 such pOlicy. Licensee shall provide to City's Risk Management
21 Division proof of such insurance, before execution of this
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22 agreement by City.
7.
Title of Property.
Licensee acknowledges the title
24 and paramount interest of City to the public right-Of-way, and
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agrees never to contest said title or interest.
Licensee shall
26 not obtain any prescriptive rights hereunder.
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BAS/mg1[license.agr]
October 9, 1990
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Indemnification.
Licensee shall exercise its
privileges under this license at its own risk.
Licensee shall
3 indemnify and hold harmless City, its elective and appointive
4 boards, commissions, officers, agents and employees from
5 liability resulting from, arising out of, or in any way connected
6 with, the construction or installation of any structure
7 referenced to in this license, the occupation or use of the
8 public areas of such structure, both during and after the
9 installation thereof, including claims resulting from the conduct
10 of Licensee, its employees, invitees, guests or agents of
11 Licensee, or Licensee's failure to perform its promises in
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connection herewith.
Licensee shall defend City, its elective
13 and appointive boards, commissions, officers, agents and
14 employees from any suits or actions at law or in equity for
15 damages caused, or alleged to have been caused, by reason of any
16 of Licensee's operations under this agreement.
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9. Waiver. Waiver by City of any breach of any provision
18 of this agreement does not waive any subsequent breach of the
19 same or any other provision.
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10.
Notice.
All notices relating to this agreement shall
21 be in writing and delivered in person or sent by certified mail,
22 postage prepaid, addressed as follows:
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AS TO CITY:
AS TO LICENSEE:
City of San Bernardino
300 North "D" Street,
Room 668
San Bernardino, CA 92418
ATTENTION:
Real Property Division
Century Homes COlll1lunities
1535 So. "0" Street
Suite 1200
San Bernardino, CA 92408
ATTENTION:
Bob Diehl
Project Manager
BAS;mgl[license.agr]
October 9, 1990
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II.
Assignment.
No assignment of this agreement by
Licensee, its successors, legal representatives or assigns, or
any subsequent assignee, shall be binding upon City without the
prior written consent of City in each instance.
City shall not
unreasonably withhold its consent.
12. Amendment. This agreement may be amended or modified.
13.
Term.
The term of this agreement shall be for a
period of ten (10) years, commencing upon execution of this
agreement. This agreement will renew itself thereafter from year
to year, unless either party notifies the other in writing of
termination as provided in Paragraph 19 of this agreement.
14.
Consideration.
Licensee shall pay to City the sum of
FIVE HUNDRED DOLLARS ($500.00) as consideration for the issuance
of this agreement.
15.
Maintenance.
Licensee agrees to maintain the
pedestrian ramp, which is the subject of this agreement, in good
repair at all times.
In addition, the Licensee has the
responsibility of maintaining the landscaping in the median.
16. Free of Liens. Licensee shall payor cause to be paid
all costs of construction and/or installation of the sign
referred to above and shall keep the property free and clear of
any and all claims arising out of the performance of work or
furnishing or materials for said construction/installation.
17.
Possessory Interest.
Licensee recognizes and
understands that this agreement may create a possessory interest
subject to property taxation and that Licensee may be subject to
the payment of property taxes levied on such interest.
Licensee
BAS/mg1[license.agr]
October 9, 1990
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agrees to and shall hold harmless the City from any and all
liability for any such taxes.
18.
NonexClusive.
This permission is not exclusive to
Licensee.
Licensee shall have the privilege of occupying such
portion of the street right-of-way as City shall from time to
time designate.
19.
Termination.
Either party may terminate this
agreement at any time by giving the other party at least thirty
(30) days written notice of termination.
20.
Condition of Property Upon Surrender.
Upon
termination of this agreement, Licensee agrees for itself, its
successors and its assigns to surrender the portion of said
property occupied under the license herein granted, in as good
condition as same was at the time of Licensee's original entry,
and to remove the Pedestrian Ramp upon demand of, and without
expense to, City.
If Licensee shall fail to do so, City shall
have the right to remove the Pedestrian Ramp at the expense of
Licensee, who shall pay the amount of the expense to the City on
demand. City may elect to take possession of and appropriate to
itself without payment any property of Licensee, or anyone
claiming under Licensee, which Licensee fails to remove after
notice.
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Severability.
In the event this agreement, or any
portion thereof, should be determined to be void, illegal or
improper, for any reason whatever, or Licensee's rights
thereunder are set aside through Court action or otherwise, all
other portions of the agreement shall remain fully enforceable to
BAS;mg1[license.agr]
October 9, 1990
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the extent possible after such determinations.
22.
Compl.ete 'Agreement/License.
This document represents
3 the total and complete agreement regarding License. for
4 Encroachment, and no other written and/or oral agreements exist
5 in this regard.
6 IN WITNESS WHEREOF, the parties hereto have executed this
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7 agreement on the date first above written.
ATTEST:
CITY OF
CENTURY HOMES
By:
uQJJ,
BOB DIEHL
Project Manager
Approved as to form
17 and legal content:
18 JAMES F. PENMAN
City Attorney
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BAS/mgl[license.agr]
October 9, 1990
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