HomeMy WebLinkAboutR28-Economic Development Services
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM:
Maggie Pacheco
Deputy Director
OR 1 G 1 N A CUBJECT:
MODIFICATION OF OWNER
PARTICIPATION AGREEMENT
RELATING TO CONDITIONAL USE
PERMIT NO. 04-02 REGARDING
RELOCATION OF IN-N-OUT BURGERS
TO A NEW FACILITY
------------------------
DATE:
April 22, 2004
Svnonsis of Previous Commission/Council/Committee Action(s):
On April 20, 2004, Redevelopment Committee Members Estrada, Longville and McGinnis unanimously voted to
recommend that the Community Development Commission consider this action for approval.
Recommended Motion(s):
(Community Develonment Commission)
MOTION:
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO EXECUTE
AMENDMENT NO. 2 TO OWNER PARTICIPATION AGREEMENT, DATED AS OF
SEPTEMBER 17, 2001, BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO AND IN-N-OUT BURGERS AND TO EXECUTE A LICENSE BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND IN-N-OUT
BURGERS PERMITTING LIMITED ENTRY FOR PUBLIC WORKS PROJECT PURPOSES.
Contact Person(s):
Project Area(s)
Maggie Pacheco
Phone:
(909) 663-1044
3
IVDA
Ward(s):
Supporting Data Attached: iii Staff Report iii Resolution(s) iii Agreement(s)/Contract(s) 0 Map(s) 0 Letters
SIGNATURE:
Budget Authority:
N/A
N/A
FUNDING REQUIREMENTS Amount: $
N/A
Source:
Commission/Council Notes:
~ ~ c.ocye.cc4-'i
COMMISSION MEETING AGENDA
Meeting Date: 05/03/2004
Agenda Item Number: I.Jl
P:\Agendas\Conun Dev Commission\CDC 2004\04-05-03 !NO OPA Amend #2.doc
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
Modification of Owner Particination Aereement
Relatine to Conditional Use Permit No. 04-02 Reeardine Relocation of
In-NoOut Bureen to a New Facilitv
BACKGROUND:
The Redevelopment Agency of the City of San Bernardino (the "Agency") has previously entered
into an Owner Participation Agreement with In-N-Out Burgers, Inc. ("INO"), dated as of September
17,2001, as amended as of September 15, 2003 (the "OPA"), for the relocation of the INO store on
the west side of Tippecanoe Avenue to a new location at the southwesterly comer of the intersection
of Harriman Place and Tippecanoe Avenue. The OP A with INO and the relocation of the INO store
is part of the HUB Project. The HUB Project is entering its final development stage with new
construction activity being started by SBT Partners and Hopkins-HUB Partners on the north side of
the newly completed Harriman Place. Development project permit applications for the remaining
areas of the HUB Project site to the west of Sam's Club will be considered by the City Planning
Commission soon.
Under the terms ofthe OPA, the Agency and INO will exchange certain lands such that INO will be
able to relocate its existing store to a new and larger facility at the southwesterly comer of the new
intersection of Harriman Place and Tippecanoe Avenue. Since the condenmation of the old
University Inn Motel property and the completion of the Harriman Place public street improvement
project were delayed, it was appropriate to amend the OP A in September 2003 to a new date in June
2004 under the terms of Amendment No. I to the OP A.
CURRENT ISSUE:
INO has resubmitted its development permit application materials to the City in accordance with the
September 2003 amendment to the OP A, and the City Planning Commission approved CUP No. 04-
02 on April 6, 2004. The attorney for the owners of old University Inn Motel property (which forms
a part of the new INO site) has submitted a letter to the City Planning Commission in which the
attorney appears to threaten INO with further delay for the completion of the INO relocation.
Accordingly, INO has requested the Agency to consider a further amendment to the OP A which
would commit the Agency to assuming certain defense obligations imposed on INO under the new
April 2004 CUP in the event that the attorney for the owners of the old University Inn Motel property
may in fact seek to challenge the City's approval of Conditional Use Permit No. 04-02.
Attached to this memorandum is the general form of such a proposed amendment to the OP A.
Pursuant to the proposed amendment, the Agency will agree to assume the obligation of INO under
condition number 4 of CUP 04-02, to defend the City and the Economic Development Agency if any
litigation may in fact be asserted against the City in connection with the approval of the conditional
use permit and the relocation of the INO restaurant to its new site.
------------------
P:\Agendas\Conun Dev Conunission\CDC 2004\04-0S.o3 INO OPA Amend #2.doc
COMMISSION MEETING AGENDA
Meeting Date: 05/03/2004
Agenda Item Number: lJ..!
Economic Development Agency Staff Report
In-N-Out Burgers OP A Amendment No.2
Page 2
Taking into account this possible delay which will have a negative impact on the street and public
right-of-way improvements to Tippecanoe, the Agency proposes entering into a License Permitting
Limited Entry For Public Works Project Purposes (the "License") with !NO. Pursuant to such
License, !NO will grant the Agency and its permitted sub-licensees the right to enter and use certain
real property referred to as the Tippecanoe Avenue Sidewalk Strip for purposes of installing public
street improvements during the term of the License in accordance with the City's public works
project plan of improvement for Tippecanoe Avenue. There is no financial consideration to the
License which remains in effect until such time as the OP A is fully discharged.
ENVIRONMENTAL IMPACT:
The relocation of the !NO facility was previously considered in the Final Environmental Impact
Report for the HUB Project which was certified on May 21, 2001. No physical effect on the
environment will occur as a result of the Agency's final approval of the proposed modification to the
OPA which has not already been considered in the Final EIR for the HUB Project. Accordingly, no
further CEQA review of this matter is required by the Agency at this time.
FISCAL IMPACT:
The potential fiscal impact on the Agency of the proposed action is not known at this time, as no
third-party challenge to the Planning Commission's approval of CUP 04-02 has been initiated.
However, some cost to the Agency could be incurred as a result of any such challenge if the requested
modification to the OP A is approved by the Community Development Commission.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
Ga
P:\Agendas\Conun Dev Conunission\CDC 2004\04-05..()] INO OPA Amend #2.doc
COMMISSION MEETING AGENDA
Meeting Date: 05/03/2004
Agenda Item Nnmber: ~
C1
2
3
4
5
6
7
8
9
10
II has
013
14
025
=OLUTION N~ (()J[P'V
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO TO EXECUTE AMENDMENT
NO.2 TO OWNER PARTICIPATION AGREEMENT, DATED AS OF
SEPTEMBER 17,2001, BY AND BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AND IN-N-OUT
BURGERS AND TO EXECUTE A LICENSE BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AND IN-N-OUT BURGERS PERMITTING LIMITED ENTRY FOR
PUBLIC WORKS PROJECT PURPOSES.
12
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency")
previously entered into an agreement entitled Owner Participation Agreement
("Agreement"), dated as of September 17,2001, by and between the Redevelopment Agency of
the City of San Bernardino and In-N-Out Burgers.
15
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER,
AS FOLLOWS:
16
Section 1.
The Commission hereby approves Amendment No. 2 to the Agreement
17
attached hereto and incorporated herein by reference.
18
The Executive Director of the Agency is hereby authorized to execute
Section 2.
19 Amendment No.2 on behalf of the Agency in the form attached hereto, together with such
20 nonsubstantive changes therein as may be approved by the Executive Director and the City
21 Attorney.
22
Section 3.
The Executive Director of the Agency is hereby authorized to execute
23
License Permitting Limited Entry for Public Works Project Purposes on behalf of the Agency in
the form attached hereto, together with such nonsubstantive changes therein as may be approved
by the Executive Director and the City Attorney.
24
Section 4.
The Resolution shall become effective immediately upon its adoption.
-1-
P:\Alleadas\RelOlutlons\ResolullonsUOO4\04-0S-0J INO Amend 1/ 2 CDC Ruo.doc
c:
0,13
14
05
3
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE AGENCY TO EXECUTE
AMENDMENT NO. 2 TO OWNER PARTICIPATION AGREEMENT,
DATED AS OF SEPTEMBER 17, 2001, BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AND IN-N-OUT BURGERS AND EXECUTE A LICENSE BETWEEN THE
AGENCY AND IN-N-OUT BURGERS PERMITTING LIMITED ENTRY
FOR PUBLIC WORKS PROJECT PURPOSES.
4
5
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
7
Community Development Commission of the City of San Bernardino at a
meeting
8
, 2004, by the following vote to wit:
thereof, held on the
day of
9
Absent
Abstain
Commission Members:
Aves
Navs
10
11
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
12
15
16
17
18
Secretary
19 The foregoing resolution is hereby approved this
20
,2004.
day of
21
22
Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
23
gal Content:
24
By:
-2-
P:\Apadas\Resolutlon5\1bsolullo...\2004\04-05-0J 11"0 Amend #:z CDC Rao.doc
c'
o
o
2004
AMENDMENT NO.2 TO
OWNER PARTICIPATION AGREEMENT
BY AND BETWEEN
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AND
IN-N-OUT BURGERS, A CALIFORNIA CORPORATION
THIS AMENDMENT NO.2 TO OWNER PARTICIPATION AGREEMENT (this
"Amendment") is dated as of May 3, 2004, by and between In-N-Out Burgers, a California
corporation ("Owner") and the Redevelopment Agency of the City of San Bernardino, a body
corporate and politic (the "Agency"). The Owner and the Agency have previously entered into
an agreement entitled "Owner Participation Agreement", dated as of September 17, 2001, as
amended, by an agreement dated as of September 15, 2003 (the "OP A") and the Owner and the
Agency believe it is appropriate to approve a further amendment to various provisions of the
OP A as set forth below in light ofthe facts set forth in the following recitals:
RECITALS
A. The Parties have previously initiated the redevelopment of the project described
in the OPA as the "Development".
B. The Agency has previously caused the Inland Valley Development Agency (the
"IVDA") to initiate condemnation proceedings to complete the acquisition of a portion of the
land described in the OPA as the "Agency Sale Parcel" and such condemnation proceedings have
not been completed as ofthe date ofthis Amendment.
C. The Agency has caused a substantial portion of the public street improvements
referred to in the OP A as the "Harriman Place Improvement Project" to be designed and installed
and the City of San Bernardino now plans to install the final phase of improvement of the
Harriman Place Improvement Project to be completed at the earliest feasible time.
D. The Owner has completed the submission of its written materials in a connection
with the Owner's obtaining from the City the appropriate "Land Use Approvals" for the
Improvements to be constructed by the Owner following the "Close of Escrow" as set forth in
the OPA.
E.
The Parties now believe it is appropriate to approve this Amendment.
I
P:\~gendas\Agreemcnts.AmendmentS\Ai!rrnls-Amend 2004\04-05.03 In-N-Out OPA Amend 2.doc:
c
o
o
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERA nON THE
OWNER AND THE AGENCY HEREBY AGREE AS FOLLOWS:
Section 1. The text of the OP A is hereby incorporated by this reference into this
Amendment. Unless the context of the usage of a particular term, word or phrase used in this
Amendment may otherwise require, the meaning of defined terms, words or phrases used in this
Amendment shall be the same as the definition of such terms, words or phrases as used in the
OPA.
Section 2. As of the date of this Amendment, the Parties mutually declare that no
default exists under the OP A or the Escrow as thereby established, and that each remains in full
force and effect.
Section 3.
reads as follows:
The OPA is hereby further amended to add a new Section 7.9(c) which
"(c) In addition to the obligations of the Agency which arise under Section
7.9(b)(i), the Agency hereby agrees to assume the obligation of the Owner, under City
CUP No. 04-02 Condition No.4, by providing for the defense of the City, the Economic
Development Agency of the City of San Bernardino, the Agency, any departments,
agencies, divisions, boards or commissions of either the City or the Economic
Development Agency, as well as predecessors, successors, assigns, agents, directors,
elected officials, officers, employees, representatives and attorneys of either the City or
the Economic Development Agency or the Agency from any claim, action, or proceeding
against any of the foregoing persons or entities. The Owner hereby covenants and agrees
to cooperate with the Agency and the lawyers retained by the Agency for such purposes,
in the Agency's defense of any such challenge of City CUP No. 04-02. The Agency is
not assuming the defense costs of the Owner in defending itself or any other person, other
than the City and the Economic Development Agency of the city of San Bernardino, as
enumerated previously herein in this section."
Section 4. The form of the License Permitting Limited Entry for Public Works
Project Purposes, as attached to this Amendment is hereby approved, and the Chairperson of the
Community Development Commission is hereby authorized to execute the license agreement on
behalf of the Agency together with technical and conforming changes as may be recommended
by the Executive Director and Agency Counsel.
Section 5. Except as modified by this Amendment, all other provisions of the OPA
remain in full force and effect.
2
P:lAgcndas\Agreements-Amcndmcnts\Agnnts-Amend 2004\04-05-03 In_N.out OPA Amend 2.doc
o
o
o
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of
the date first above written.
AGENCY
Redevelopment Agency of the City of San
Bernardino, a body corporate and politic
By:
Gary Van Osdel,
Executive Director
OWNER
In-N-Out Burgers, a California corporation
By:
3
P:\Agendas\Agreetnenls-Arnendmmls\Agr:mts-Amend 2004\04.(15-03 In-N.Out OPA Amend 2.doc
o
o
o
2004
LICENSE PERMITTING LIMITED ENTRY FOR PUBLIC WORKS
PROJECT PURPOSES
(HUB Project: In-N-Out Burgers Relocation)
THIS LICENSE PERMmING LIMITED ENTRY FOR PUBLIC WORKS PROJECT
PURPOSES (this "License") is granted by In-N-Out Burgers, a California corporation (the "Owner"),
to the Redevelopment Agency of the City of San Bernardino, a public body corporate and politic (the
"Agency").
IN CONSIDERATION OF THE AGENCY CAUSING THE PUBLIC WORKS
PROJECT DESCRIBED HEREIN TO BE UNDERTAKEN AT THE EARLIEST FEASmLE TIME,
THE OWNER GRANTS A LICENSE TO THE AGENCY, AS FOLLOWS:
Section I. Effective Date of License. This License shall take effect on the date when the
parties have executed this License as evidenced by the signatures of their authorized representatives
(the "Effective Date").
Section 2. Term of License. This License shall commence on the Effective Date and
expire at the end of the day on which the "Escrow", as this term is defined in that certain Owner
Participation Agreement, dated as of September 17,2001, as amended (the "OPA") by and between the
Owner and the Agency, is deemed to be closed (the "Expiration Date").
Section 3.
Grant of License and Close of Owner Drivewav.
(a) Subject to the terms and conditions of this License, the Owner hereby grants to the
Agency the right to enter upon, use and allow the public to use that certain real property referred to
herein as the "Tippecanoe Avenue Sidewalk Strip" and more specifically described in the legal
description attached to this License as Exhibit "A". The Agency is authorized to use the Tippecanoe
A venue Sidewalk Strip for public street purposes during the term of this License. By entering onto the
Tippecanoe Avenue Sidewalk Strip or by directing others to enter onto the Tippecanoe Avenue
Sidewalk Strip after the Effective Date, including the permitted sublicensees of the Agency identified
in Section 4, and members of the general public who may travel upon Tippecanoe Avenue as a public
street, the Agency shall be deemed to have accepted the use of the Tippecanoe A venue Sidewalk Strip
in its "AS-IS" and "WHERE IS" condition and subject to the terms of this License. The Owner makes
no representation or warranty to the Agency regarding the condition of the Tippecanoe Avenue
Sidewalk Strip or its fitness for any particular use.
(b) As of the Effective Date, the Owner shall discontinue its use of the existing driveways
within the Tippecanoe Avenue Sidewalk Strip and the Owner shall allow the Agency and its permitted
sublicensees to terminate motor vehicle ingress and egress by customers and invitees of the Owner
between Tippecanoe Avenue and the Owner's property across the Tippecanoe Avenue Sidewalk Strip
through such driveways. The Agency and its permitted sublicensees may cause the installation of
certain new public street improvements within the Tippecanoe Avenue Sidewalk Strip in accordance
with the public works project plan of improvement of Tippecanoe Avenue under the City's public
I
P:>Agcnda.'lAgreemcrlls-Amendmenls\Agrmts-Amertd 20Q4\04-0S-031NO License Agreement.doc
o
o
o
work contract by and between the City and Elite Bobcat Services, dated as of March I, 2004. A copy
of such public works contract is on file in the Office ofthe City Clerk of the City.
Section 4. Al!encv Mav Permit Certain Others to Use the Tippecanoe Avenue
Sidewalk Strip as Permitted Licensees of the Al!encv. The Agency may permit or authorize the City
of San Bernardino (the "City"), and the public works contractors and subcontractors of the City, to
enter the Tippecanoe Avenue Sidewalk Strip, for the purpose of installing and maintaining public
street improvements on the Tippecanoe A venue Sidewalk Strip in accordance with the public works
contract referenced in Section 3 of this License. The City and its public works contractors are referred
to herein as the permitted sublicensees of the Agency.
Section 5. No Offer of Dedication of the Tippecanoe Avenue Sidewalk Strip for Public
Use. The Owner intends that this License is not and shall not be construed as an offer of dedication by
the Owner of the Tippecanoe A venue Sidewalk Strip for public use. Further, the rights granted to the
Agency in this License are by permission of and subject to the control of the Owner for so long as this
License Agreement is in effect.
Section 6. No Intent to Create Third Party Beneficiaries. The Owner intends that the
rights granted under this License shall benefit and burden only the Owner and the Agency, and the
Owner does not intend to create any rights in, or right of action to or for the use or benefit of any third
party, including any member or members of the public or any permitted sublicensee or governmental
agency, other than the Agency.
Section 7. Owner Consent to Enforcement of Traffic Laws on the Tippecanoe Avenue
Sidewalk Strip. The Owner requests that the City of San Bernardino as the permitted sublicensee of
the Agency enforce and consents to the City enforcing the provisions of the California Vehicle Code
and all local ordinances, resolutions and regulations applicable to pedestrian, vehicular, bicycle and
other traffic on public streets within the City (collectively, "Traffic Laws"), to the same extent and in
the same manner as the City enforces such Traffic Laws on public streets within the City, regarding
any similar activity on the Tippecanoe Avenue Sidewalk Strip during the term of this License.
Section 8. Installation of Traffic Control Devices. The Owner consents to the City as the
permitted sublicensee of the Agency, installing any and all traffic control devices, including, but not
limited to, signs and barriers, on the Tippecanoe Avenue Sidewalk Strip during the term of this
License. Design, review and approval of the aforementioned Traffic Control Devices are the sole
responsibility of the City or its designee. The Owner is not responsible for installation, maintenance,
or the lack thereof, of City Traffic Control Devices.
Section 9. Owner Covenant Not to Revoke License. The Owner covenants to the
Agency that the Owner will not revoke this License prior to the Expiration Date.
Section 10. Al!encv Indemnity in Favor of the Owner. From and after the Effective Date,
the Agency hereby agrees to indemnify, defend and hold the Owner, its officers, employees and agents
and each of them, harmless from and against any claim, demand, loss, damage to property, lien,
liability for injury or death to any person arising from the use by the Agency or any of the Agency's
permitted licensees, or any member of the general public, of the Tippecanoe A venue Sidewalk Strip.
2
P:\Agcndas\Agrecmenls-AmcndmcnlslAgrmts.Amcnd 2004104-05-03 INO License Agrccmcnl.doc
o
o
o
The indemnity obligation of the Agency under this Section 10, shall apply only to those events which
occur during the time that the License is in effect.
Section II. Owner Cancellation Ril!ht. Notwithstanding any other provIsIOn in this
License, the Owner shall have the right to cancel and terminate this License, at any time after June I,
2004, upon thirty (30) days written notice to the Agency, in the event that either party to the OP A may
in the sole discretion of either of them, exercise its election to terminate the OP A prior to the close of
the Escrow after such date.
Section 12. Notice to the Parties. For the purpose of this License, communications and
notices among the Owner and the Agency shall be in writing and shall be deemed to have been given
when actually delivered, if delivered by courier or overnight courier service, or if mailed, three (3)
days following the date of deposit in the United States Mail, First Class, postage prepaid, return receipt
requested and addressed to the applicable party as follows:
To the Agency:
To Owner:
Redevelopment Agency of the
City of San Bernardino
201 N. "E" Street, Suite 301
San Bernardino, California 9240 I
Attention: Executive Director
Phone: (909) 663-1044
FAX: (909) 888-9413
Phone:~
FAX: ~
Section 13. Governinl! Law. This License is granted and the subject Tippecanoe Avenue
Sidewalk Strip is located in California. This License shall be governed by, interpreted under, and
construed and enforced in accordance with the laws of the State of California. Any legal actions
between the Owner and the Agency arising from this License shall be filed in the Superior Court of the
State of California in and for the County of San Bernardino, Central District.
Section 14. Partial Invaliditv. If any term or provision or portion of this License or the
application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this License, or the application of such term or provision or portion thereof to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be affected
thereby, and each such term and provision of this License shall be valid and enforced to the fullest
extent permitted by law.
Section 15. Waivers. No waiver of any breach of any covenant or provision contained in
this License shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other
covenant or provision herein contained. No extension of the time for performance of any obligation or
act to be performed herein shall not be deemed to be an extension of the time for performance of any
other obligation or act to be performed under this License.
Section 16. Professional Fees. If any action or suit among the Owner and the Agency is
brought by reason of any breach of any of the covenants or provisions of this License, the prevailing
party shall be entitled to have and recover of and from the other party all costs and expenses of the
3
P:l.AgcndaslAgrccmcms-Amcndnx:ntslAt;mUs-Arncnd 2004\04-05-03 INO License Agrc<:mcnl.doc
o
o
o
action or suit, any appeals therefrom, and enforcement of any judgment in connection therewith,
including reasonable attorneys' fees, accounting and engineering fees, and any other professional fees
resulting therefrom. For the purposes of this Section 16, the phrase "reasonable attorneys' fees" shall
mean and include the salaries, costs, benefits and overhead of the City Attorney for the City of San
Bernardino and the attorneys employed in such office who perform work in connection with any such
action or proceeding.
Section 17. Entire A!!reement. This License (including all Exhibits attached hereto) is the
final expression of, and contains the entire agreement with respect to the subject matter hereof and
supersedes all prior understandings with respect thereto. This License may not be modified, changed,
supplemented or terminated, nor may any obligations hereunder be waived, except by written
instrument signed by the party to be charged or by its agent duly authorized in writing or as otherwise
expressly permitted herein.
Section 18. Construction. Headings at the beginning of each section, paragraph or
subparagraph are solely for the convenience of the parties and are not a part of this License. Whenever
required by the context of this License, the singular shall include the plural and the masculine shall
include the feminine and vice versa. This License shall not be construed as if it had been prepared by
one of the parties, but rather as if both parties had prepared the same. Unless otherwise indicated, all
references to sections are to this License. All exhibits referred to in this License are attached hereto
and incorporated herein by this reference. If the date on which any action is required to be performed
under the terms of this License is not a business day, the action shall be taken on the next succeeding
business day.
4
P:\Agcnda5\Agreemenls-Amendmenlsv\grmts-Amcnd 2004\04.0S.o) INO License Agrecmenl.doc
IN WITNESS WHEREOF, the parties execute this License Permitting Limited Entry for Public
O Works Project Purposes by and through the signatures of their duly authorized representatives, as
appear below:
OWNER
In-N-Out Burgers, a California corporation
Date:
By:
AGENCY
Redevelopment Agency of the City of San Bernardino,
a public body corporate and politic
Date:
By:
Executive Director
OAPP
o
5
P:\Agendas\Agreemenls-Amendmenls\Agrmls-Amend 20041(}4..05-O3 INO License Agreement.doc
o
EXHIBIT "A"
Leeal Description ofthe Tippecanoe Avenue Sidewalk Strip.
o
o
"A"-l
o
o
o
EXHIBIT "A"
'ITI'PBCANOB AVENUE STREBTDBDICATION
LEGAL DESCRIPTION .
THOSE PORTIONS OF LOTS 23, 24, 25 AND 79 OF TRACT NO. 2743, IN THE CITY OF SAN
BBRNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PBRPLAT
RBCORDBD IN BOOK 38, PAGE 47 OF MAPS, RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER. OF SAID LOT 23; THENCE NORTH 890 48' 36"
WEST 20.00 FEET ALONG THE NORTHERLY LINE OF SAID LOT 23 AND THE EASTERLY
PROLONGATION OF THE SOUTIlBRL Y LINE OF PARCEL 2 OF PARCEL MAP NO. 16154 AS
PER MAP FILED IN BOOK 200, PAGES 62 THROUGH 66 INCLUSIVE OF PARCEL MAPS,
RECORDS OF SAID COUNTY, TO A POINT OF INTERSECTION Wlm A LINE mAT IS
PARALLEL WITH AND DISTANT WESTERLY 50.00 FEET, MEASURED AT RIGHT ANGLES,
PROM THE CENTERLINE OF TIPPECANOE AVENUE, 60.00 FEET WIDE, AS SHOWN ON SAID
lRACT MAP, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING:
TIlBNCE SOUTH 000 08' 00" EAST 155.03 FEET ALONG S~PARALLEL LINE, ALSO BEING
THE WESTERLY LINE OF mOSH PORTIONS OF SAID 1.01',:23, 21\, 2S AND 79, AS CONVEYED
TO 'I'H:B COUNTY OF SAN BERNARDINO IN A GRANTDEEDRBCORDBD IN BOOK 7126,
PAGE 422 OF OFFICIAL RECORDS OF SAID COUNTY, TO THE BEGINNING OF A CURVE
CONCAVE NORmWESTERLY, HAVING A RADnJS OF 20.00.FEET; THENCE
SOurHWESTERLY 23.04 FEET ALONG SAID CURVE AND THE NORTHWESTERLY LINE OF
SAID PORTION OF LOTS 2S AND 79 CONVEYED TO mE COUNTY OF SAN BERNARDINO,
THROUGH A CENTRAL ANGLE OF 6~ 00' 04" TO A LINE THAT IS THE SOUTHERLY
PROLONGATION OF THE MOST EASTERLY LINE OF SAID PARCEL 2 AND THE NORTHERLY
PROLONGATION OF THE MOST EASTERLY LINE OF PARCEL 3 OF SAID PARCEL MAP NO.
16154; THENCE LEAVING SAID CURVE AT ITS POINT OF NON-TANGENCY NORm 000 SO'
44" wnST ALONG SAID SOUTHERLY AND NORTHBRL Y PROLONGATIONS 17339 FEET TO
THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE SOUTH 890 48' 36" EAST 14.02 FEET
ALONG THE NORTHERLY LINE OF SAID LOT 23 AND THE EASTERLY PROLONGATION OF
THE SOUTHERLY LINE OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING.
TIm AREA OF TIDS LEGAL DESCRIPTION IS APPRoxIMA'rSLV 2183 SQUARE FEET OR 0.050
ACRES. ...
THIS LEGAL DESCRIPTION WAS PREPARED UNDER THE DIRECT SUPERVISION OF THE
FOLLOWJNG LICENSED LAND SURVEYOR OF THE STATEO;P CALIFORNIA:
r>2J.1l ~..,. 01-07-04
MSL ENGINEERING, INC. DATE
MARK S. LAMOUREUX, PRESIDENT. P.B., P.L.S. 5794
REGISlRA TION EXPIRES JUNE 30, 2004
MSL IN 96059
EXHIBIT "An
Page 1 oft
r
I
20 19 16
42 41 40
1m!::
EXHISIT IS"
DEPICTION OF llPPECANOE AVENUE ::s I r=;; I DEDlCA110N
{HNlIlIIWI PW:E I'IR
PAIICEl. MAP NlI. 11154,
P....&. 2IlD-U-lMl
17
16 15 14 13 12
T 0, 274
-
~ DRI~____
10 9 --'6. /, 7
?)~
~, 1
"
'"
3 /47
w\'Y NIl SW'LY LINES Of
PAIICEl. 2 OF PMCEI. IIAP ,,_
..... ,"IM, P...... ,..; v
~0"2fX)-G .. "V
,;
3
<yv
9;-()
Q,,"r'
<Q'
~'
Q,,'
/
^ IIOSlWllIlO
0" (S'lREET 11) BE -)
'<I .-r ny LIlE OF-
PARCZL 1I OF P-'
tIN' NO. 18154. P.II.B.
__U-68
_~'fl""(
"Q ~~V\
~p.1E
~ INllItAlES -..cr PMCEl
~ _ _ 2.18l1 SF, III 0.060 AClIES
TI-iE HUB
EXHIBIT "B"
TIPPECANOE AVENUE STREET DEDICATION
j 8 I ~NEERING. INC.
9IClIEEIlS IN) I.ND SlII\E:\OM _ l. ,AI..IZrlQ tl STE oea.a'toIENT
402 WE8f NffJII HWY, SUTE ... SAN DIMAS. CA.1II773
llIOQIl105-2395 FAX ClIOlII 3IJ!i-2fN1
r:l~~~
01-07-04
DAlE
COURSE DATA
~,~
14.G2'
U IIl101lO'44"W
1'73.30'
L:5 NootIlI'lIII"W
1!111.lI3'
l4_~
la.
1.5 1IOOW44"W
7&57'
U N__44"W
!IlI.7a'
l7 NOlJ'5CI'44"W
13.3'.
CURVE DATA
C1_lIO'04"
_lllI'
L-A04'
M2.W
N
.
o
I
I;
I
;;
7-""200' e!
~
~
1IP~ A\!ENJE I'lltEET DmlCAlION
o!NHQ9-1tGD:M1l1pY...~....IHOJJJx11"dlIg