HomeMy WebLinkAbout17-Public Works
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CITY OF SAN BERNARDINO -
Dept:
Public Works
O/?/GINAL
REQUEST FOR COUNCIL ACTION
File No.7. 86
Authorization to Execute License
Subject: Agreement with San Bernardino
State University - Installation
of Signs in University Parkway
& Northpark Boulevard
.
From:
ROGER G. HARDGRAVE
Date:
4-17-97
Synopsis of Previous Council action:
3-03-97 - Request from San Bernardino State University approved in
concept, and the City Attorney directed to prepare the
"D!.iH~. Oi;'FiC~' standard form License Agreement.
21 APR 97 3: }.J
Recommended motion:
Adopt resolution.
cc: Fred Wilson
Jim Penman
a~"
Contact person: Roqer G. Hardqrave
Staff Report, License
Supporting data attached: Aqreement & Resolution
Phone:
5025
Ward:
5
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
Res 97- 1/5'
S!S!Q7
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Agenda Item No. J 7
./"
75-0262
"
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
A
University
the curbed
Boulevard.
request was received from the San Bernardino State
for authorization to install directory signs wi thin
median in University Parkway, and along Northpark
This request was approved, in concept, at the Council
meeting of 3-03-97, and the City Attorney was directed to prepare
the necessary standard form License Agreement.
The License Agreement provides, in general, that the
Universi ty may install the directory signs wi thin these street
rights-of-way, subject to payment of a $500 administrative fee.
Furthermore, the City may terminate the authorization for in-
stallation of these signs with 30 days notice. In the event that
authorization is terminated, the University will imnediately
remove the signs.
We recommend that the License Agreement be approved.
04-17-97
7$-0264
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2
LICENSE AND AGREEMENT
THIS LICENSE AND AGREEMENT is made and entered into this _day of_,
3 1997 by and between California State University San Bernardino, a California State University
hereinafter sometimes referred to as "Licensee" and the CITY OF SAN BERNARDINO a
4 municipal corporation hereafter sometimes referred to as "City".
5 WITNESSETH
6 For and in consideration of the mutual promises and covenants herein contained, the
parties hereto do hereby agree as follows:
7
I. City hereby gives permission revocable and terminable as hereinafter provided to
8 Licensee to erect and or install in conformance with existing laws on a certain portion of City
property located on the north side of North park Boulevard and the medians at Northpark
9 Boulevard and University Parkway, San Bernardino, California, directory signs at such locations
and subject to any requirements or conditions as may be imposed by the Director of Public
10 Works / City Engineer and the Director of Planning and Building Services of the City.
II 2. This permission is given to Licensee as an accommodation to Licensee and shall
be rent free, however, the Licensee shall pay a five hundred dollar ($500) administrative fee to
12 the City prior to the installation of any sign (s).
13 3. Licensee hereby acknowledges the title and paramount interest of the City
property and agrees never to assail or resist said title or interest and to observe present or future
14 set back requirements relating thereto.
IS 4. City reserves the right to terminate the permission hereby given at any time by
giving Licensee at least thirty (30) days written notice of such termination except that City may
16 at its election terminate said permission forthwith at any time if Licensee shall fail to comply
with or abide by each and all of the provisions hereof or keep each and all of the Licensee's
17 promises herein. Waiver by City of any breach of any term or provision hereof shall not be
deemed a waiver of any subsequent breach of the same or any other term or provision hereof.
18
5. Licensee agrees to construct the directory signs only with specific written
19 authorization of the Director of Public Works / City Engineer and at the sites as is designated by
the Director of Public Works / City Engineer. The directory signs shall be maintained at all
20 times in a safe, neat, sightly and good physical condition. City shall be the sole judge of the
quality of maintenance, and upon written notice by City, through its Director of Public Works /
21 City Engineer, stating in general terms how and in what manner the maintenance is required.
Licensee shall be required to perform such required maintenance. If Licensee fails to do so, then
22 City shall have the right to perform this maintenance, the cost of which shall be borne by
Licensee. Licensee further agrees to erect and maintain the directory signs in conformity with all
23 building codes, rules, regulations and guidelines of the City of San Bernardino. Licensee shall at
its own responsibility and expense obtain and keep in effect all licenses, bonds and permits
24 necessary for the installation and existence of the directory signs.
25 6. Upon termination of this agreement, Licensee agrees to immediately remove the
signs from City property and restore the property to its original condition. If Licensee fails to
26 exercise its duties under this paragraph, City shall have the right to remove the signs and restore
the premises at no cost or liability to the City. Licensee covenants and agrees to reimburse City
27
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2 7. City shall in no way be responsible for loss of or damage to the signs or for any
property belonging to or rented by Licensee, its officers, servants, agents or employees that may
3 be stolen, destroyed or in any way damaged during the erection or maintenance of the signs and
Licensee indemnifies City, its officers, agents, servants and employees from and against any and
4 all such claims.
5 8. Licensee shall exercise its privileges under this license at its own risk. Licensee
shall indemnify and hold harmless City, its elective and appointive boards, commissions,
6 officers, agents and employees from liability resulting from, arising out of, or in any way
connected with, the construction or installation of any structure referenced to in this license, the
7 occupation or use of the public areas of such structure, both during and after the installation
thereof, including claims resulting from the conduct of Licensee, its employees, invitees, guest,
8 or agents of Licensee, or Licensee's failure to perform its promises in connection herewith.
Licensee shall defend City, its elective and appointive board, commission, officers, agents and
9 employees from any suits or actions at law or in equity for damages caused, or alleged to have
been caused by reason of any of Licensee's operations under this agreement.
10
9. This license is personal to Licensee. It is nonassignable, and any attempt to
II assign this license will terminate the license privileges granted to Licensee under this agreement.
12 10. Licensee agrees that should any action, whether real or asserted, at law or in
equity, rise out of the terms of this agreement, or by Licensee's operations on the premises,
13 venue for that action shall lie in San Bernardino County, California.
e
14 II. In any action brought by City for the enforcement of the obligations of Licensee,
in which City prevails, City shall be entitled to recover interest and reasonable attorney's fees."
15
IN WITNESS, the parties have executed this agreement on the
16 of 1997.
17
day of
Tom Minor, Mayor
CITY OF SAN BERNARDINO
18
19
ATTEST:
20 CALIFORNIA STATE UNIVERSITY
City Clerk SAN BERNARDINO, A CALIFORNIA
21 STATE UNIVERSITY
22 Lice~
Approved as to form By 'It-~
23 and legal content: D id DeMauro
Vice President of Administration and Finance
24 James F. Penman
City Attorney Attest:
25 By ~ h'-^-'?
26 I~-Y-Y"rl' crj, >if. ~/L-
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