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HomeMy WebLinkAbout16-Development Services . '. ~ ~'. CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: James Funk, Director Subject: Resolution authorizing execution of License Agreement for Installation of Dept: Development Services ,a~,,, , „ ~ r , ' Electronic Reader Boazd in the street right- C 1 ~ i ~n t Y 1) /`'~ ~ of-way in the median of Auto Center Drive Date: March 5, 2002 .and Camino Real. MCC Date: March 18, 2002 Synopsis of Previous Council Action: 11/5/90 Agreement by and between the Economic Development Agency and the San Bernardino Auto Plaza Association to jointly fund an Electronic Reader Board is approved. 01/09/02 Ways and Means Committee recommended that the full Council consider an agreement to jointly fund the Electronic Reader Board. 02/19/02 Mayor and Common Council adopted resolution authorizing the Mayor to execute an agreement to jointly fund and utilize and electronic Reader Board. Recommended Motion: Adopt resolution. /, !r~ f' James Funk Contact person: Youn H. Kim, Senior Civil Engineer Phone: 384-5027 Supporting data attached: Staff Report, Reso., License Ward: 3 Agreement, letter & location map FUNDING REQUIREMENTS: None Amount: N/A Source: (Acct. No.) Acct. Description: Finance• Council Notes: Q-4~ a0~-~j Agenda Item No. 3/18~Da' r j z•'. CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution authorizing execution of License Agreement for installation of Electronic Reader Board in the street right-of-way in the median of Auto Center Drive and Camino Real and direct the City Attorney to prepare a License Agreement to authorize encroachment within the right-of-way subject to the conditions contained in Exhibit "C". Background: Quiel Brothers Electric Sign Co., on behalf of the Inland Empire Auto Center are requesting permission to install a Electronic Reader board in the street right-of-way in the median of Auto Center Drive and Camino Real. The details and proposed location for the Electronic Reader Board are shown in Exhibits "A" through "C". Discussion: 1. A request has been received from Quiel Brothers Electric Sign Co., on behalf of the Inland Empire Auto Center allowed to construct a 75' Electronic Reader Board in the median of Auto Center Drive and Camino Real. 2. The purpose of the 75' Electronic Reader Board is to replace the existing sign and the new sign should help to draw attention to the Auto Center, encouraging more customers to stop, shop and purchase vehicles. Also, the association has agreed to allow the City use of the sign for City publicity and public services announcements. 3. The Traffic Engineer has reviewed the proposed site for the Electronic Reader Board and has determined that the Electronic Reader Board will not interfere with safe operation and maintenance of traffic. 4. Prior to installation of the Electronic Reader Board, the applicant is required to execute a license agreement attached as Exhibit A to Resolution. This agreement will commit the applicant to the conditions of approval of this encroachment permit shown in Exhibit "D". 5. Additionally, prior to installation of the Electronic Reader Board within public right-of- way, the applicant will be required to obtain a Public Works Permit from the Public Works Division. CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION Staff Report Financial Impacts: The applicant has paid the standard $500.00 fee to cover the cost of processing this type of request. The applicant is responsible for all costs in constructing and maintaining the Electronic Reader Board; therefore, there will be no financial impact to the City. Recommendation: That the Mayor and Common Council approve in concept the request to install a Electronic Reader Board in the street right-of--way in the median of Auto Center Drive and Camino Real and direct the City Attorney to prepare a License Agreement to authorize encroachment within the right-of--way subject to the conditions contained in Exhibit "C". Exhibits: A. License Agreement Conditions. B. Request letter from the property owner dated February 12, 2002. C. Proposed Electronic Reader Board location and map. 1 20C2-83 SIGNS BY ~ 272 SOUTH I STREET, SAN BERNARDINO, CALIF. 92410 SINCE 1961 pH. 909.885-4476 FAX 909-888-2239 www.quielsigns.com n i ra ~ February 12,2002 i~°_., o f v "' '!J ~' '• i ) w ~ Mr.Youn Kim `~F ~ i r• City of San Bemardino 1-=' ~ "" o~~. s Department of Public Works Ar ~p ~,', 300 North "D" Street ~, ~,, ~' San Bernardino, CA 924 ] 8 ~ ~ ~,~ INLAND EMPIRE AUTO CENTER Dear Mr. Kim: Quiel Brothers Electric Sign Co., on behalf of the Inland Empire Auto Center requested and received approval from the Planning Commission to install a new electronic message center sign at the entrance to the Auto Center. The sign will be located in the median in Auto Center Drive and is proposed to extend over Camino Real. Conditions of approval of conditional use permit 00-27 on 3-6-01 require an encroachment permit to be obtained prior to issuance of building permits. Enclosed is also check for fee and one set of plans. If you have any questions please call me. Respectfully Yours, QUIEL BROS ELECTRIC SIGN SERVICE CO., INC. • ~- _lial' ~Jj~;` Nancy Snell Permit Coordinator SALES • SERVICE • LEASING • MAINTENANCE • CRANE SERVICE • NEON EXHIBIT "B" Calif. Contractors License No. 277345 - 20G2-S3 -= - - - - _ - - f„ ` / :C ~ v ~ti .:': ~ .'fh?. ., y~ r. ' . t%~ ~ ~ • - : CAMiNO Ff~t a <N a ~ ~- 1 4 p~ W w CENTURY AVENUE ~ ls. sMOW CASE DR[VE t1ORTN _ ~ ~ j ~ N _- ~ ~ ~ ~ - • ~ • -- ~ AUTO CENTS C 4 ~ ~ a zT WJ ~ ~- z ~ m ' ~ ~ c N ~ - ~ Z a a o ~ SHOW CASE t)RryE SpUTH ~ ~i . Q S~ E die EXHIBIT ~i~ 2002-83 ? ~ r ~ ,~, I I ~' y , ,. e\ ~ s. ,~k ~ r' iQh~ ~ ; . ~ ` _h ~ ~ ~ ' ~ ~ 1 ~ Z 1 ~, ~ ~ ~ SIuJ I i r - ~ ~ 1 ~i ~ 1 il~ ~ ` 1. sly '~ _r_._~- _._--- _--- _._._- __----- __- ~ ~, ~ G~yyiin0 ~ 3~} ` -~~_- J~ / /"` XgIBi ~ 2 i5 a I ~- 2002-83 k IFr t. yg- ~ ~ ' ~ a • `' i ` ; +' 3 s.., 4 i '.r i r-1 a /~` n \ ~'d ` Y La ^t ~4 t T d T _ ` 5~ ~ ~ `y 3 5 ,i ~l3 1 ~ dt t 4 F~ "'a. "i ,~ ?R ! !.y ~ s 4_y.a+~ 1 ~~~~..- .~'.~ R ~., ~, y~ i Manufacture Supply and Install: One (1) Double Face Cantilever Freeway Sign with Auto Center Sign: Message Center. Open Face Chanel letters: • Top Sign: Inside & Open Face Chanel letters: Returns: fainted Red to match Red (230-53) Inside: fainted Yellow to match Yellow (230-015) Neon: Red Returns: fainted Black, inside & out. Dealer Faces: White plastic with vinyl copy, Neon: Double Tube Yellow Neon. Cabinet & Pole Covers: Logo Can: Full Color Scotch hint Steel & Sheet Metal Construction. Message Center: To Be fainted White & Black. Single faced 15'x28'-4"' System 7000 McSrage Center. Border Neon: Yellow. - Matrix: Wedge Based 10 Watt 48'x96' Cabinet: Black 28'-8" 6'-O•r - 4'-6" i 6'-0" I 19'-3" - - ,,~ ~ UU~IJ~V~~ l!~lJ . ,_., s,F1ER APPi=s:._. o ~:i~.~ ® o~ ~('~~ , ~ SIZE, DESIGN, COLOF~ i Sx~ Rernar mo ~ l° 1 ~ L~.~ J ~ l ~J IJ ~°J ~ LJLI ~ ' ~,e: YO (IMITATIONS OF THE PRINTING PROCESS ~l """^ '~° VARY ON FINISRFO nnrn~:rr ~ ~2•. - CIS ~ ; ~~' i +ti t "~t• .L $r: - ?a a.? .t'2. tt ~t~T~ CEMTE , ~ ~- r ,; - ®TOYOTA 0 C~CHRYSLER Jeep Eagle i ' p i ,i r N N ~ i N '~ MITSUBISHI° ~,~/ ~I ~ NISSAN I voivo ~ ' ~ -- z2, o„ i ,t ' ', i ---- 3>~,---. ,. ;'. , 4,...:,. ,; ,_.. Scale 1/8"=1' . ~,i r' in I Dr - -0 PURCHASER: CliffCummincl5 ..PHONE#:909-381-^^^ SIGNS BY ~ «,~~~~ San Bern rdino" Lar 6- 8-00 .p NAME: Inland Empire Auto Center "ter SINCE 1961 ADDRESS: San Bernardino REVISION DESCRIPTION REQUESTED BY QATE REVISED TIME Inland6npire(9U9~85-4476 Inland Em ire Auto Center 00376-A cdr Coachella Valley (76G) 347-8370 • Figh Desert (760xJ55-7446 tdOTE the original unpublished drswrtig was crea~d by and is the sole p:opatyof G2u~el Bros. COMP PILE: ~ ~ fax: (909)888-4439 • E-MaE. quielsignsreol.com Fje-ctric Sign Service Co., hrc., 6cpectirg ony hduded existing Trede~naks B Woodcut Prins. Thls [ATE DRAWN: 6-28-00 SERVICE #: dra.ving is submitted only in connection wdh a project being planned for ya, and the business you represented, and is rat to be extrbited to arryone outside your organization a reproduced, or DRAW BY: Paul B. JOB #: iLC~K copiod byaryone, carless authorization s obtained from an officer of G2uiel Bros. Electric Sgn Service SALESPERSON: Larr~Quiel DRAWING #: 00376-A ,•~• • ••^•~,^_• ~nsrviuweWx>• ® Co., Inc., In writing . ~ . . ;1. ,: b ~s~~~ ~~~sr'2 ~ _ krr ~ ~r r~tw~ti+~w ~ '~ ~ TOYOTA tiCHRYSLER ~ JeaR Eagle i r I'i r IY8T5UBISHI' r ~i ~ NISSAN ~-~ F~~ V~1 ,~,.. _.,,?.~ 1 i 1 r ~ } - - _ ,- - 4~ . ~,.zr ,,~ ;-~.~' -mss .'~ r' -~ ~,. .r~ ., 13"'!' 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S ~,t'77.... ~I Manufacture Supply and Install: One (1) Double Face Cantilever Freeway Sign with Auto Center Sign: Message Center. Open Face Chanel letters: ' Top Sign: Inside & Open Face Chanel letters: Returns: fainted Red to match Red (230-53) Inside: fainted Yellow to match Yellow (230-015) Neon: Red Returns: fainted Black, inside & out. Dealer Faces: White plastic with vinyl copy, Neon: Double Tube Yellow Neon. Cabinet & Pole Covers: Logo Can: Full Color Scotch Print Steel & Sheet Metal Construction, Message Center: To Be fainted White & Black. Single faced 15'x28'-4"' System 7000 Message Center. Border Neon: Yellow. _ Matrix: Wedge Based 10 Watt 48'x96' Cabinet: Black 28'-8" 6'-O.r 4'-6" 6'-0'~ -~ i- -- 19'-3" -- -~ I, - -, I ~~f C~~~CC~o~~~~ ~.~o I ""C,~~tr'~?1 ~ ~ ~ ~ ~ J ~ ~, ~~xn fteroar~aa ~ ~ of ~ a ~ I~ i «, ; 2 • ; ,. ,` ~a , . ~.:~, - -.--- - --~ . -.. o !, r ~ . I CH RY T S ~ER Jeep Eagle '~ o N N N MITSUBISHI° ~ ~~' I I ~ -. i i l '~ ~ NISSAN V4LV0 ' ~ ~_-..._ _ LL __--. III ~ -_._ _ - - ' f 1 1 i I r /I. I ~ ~ t/ I~ i i, i; ~ i ~ ~ 11 _ ._-_ Scale U8"=1' ; r' in I D 'n - 0-0 PURCHASER: Cliff Gumminas PHONE #: 909-381-4444 SIGNS BY Q`.-r~"~' to San ernardino" ar 6- 8-00 ,p NAME: Inland Empire Auto Center SINCE 1961 ADDRESS: San f>ernardino Inland Empire (90985-4476 REVISION DESCWPTION REQUESTED BY DATE REVISED TIME Coachella Valley (760) 347-8370 • Figh Desert (760)955-7446 NOTE The original unpublished drawng was created by and is the sole property of Quiel Bros. COMP FILE: Inland Emplre ADto Center (00376-A).Gdr Fax. (909)888-2239 • E-Mail. quielsign5~~aol.com Electne Sign Service Co., Inc., Expecting ony nduded existing Trademarks FT Woodcut Prints. This DATE DRAWN: 6-28-00 SERVICE #: ~a.~ing is submitted ony in connection with a pro)ed being planned for you and the business you _ = _ ® represented, and is not to tx exhibited to anyone outside your organization a reproduced, or DRAW BY: Pau I B. JOB #: ir~~~ ~ `"" copied by aryone, u-iless authorization is obtained from an offer of Chriel Bros. Electric Sgn Service SALESPERSC)N: Lar QUIeI DRAWING #: 00376-A ,~.• ,~~e:an ., ,.•,< Co., Inc., InwriDng ry I SIGNS BY 272 SOUTH I STREET, SAN BERNARDINO, CALIF 92410 SINCE 1961 PH. 909-885-4476 FAX 909-888-2239 ~ www.quielsigns.com i 909-381-4444 CONDITIONAL SALES AGREEMENT THIS AGREEMENT, made March 25, 2002 between QUIEL BROS. ELECTRIC SIGN SERVICE CO., INC., Seller, and INLAND EMPIRE AUTO ASSOCIATION, Purchaser, of PMB 120 18032-C LEMON DR. YORBA LINDA, CA 92886. WITNESSETH: 1. SELLER agrees to sell and Purchaser agrees to purchase and pay for the electrical display hereinafter referred to as "Display" in accordance with the specifications and as hereinafter set forth. 2. PRICE: The price of Diaplay shall be 5339,000.00 payable as follows: 3. TERMS: 5120,000.00 with order Balance: ~219,000.00,_payable at completion 4. SPECIFICATIONS: As per QUIEL BROS. Print #: 00376-A Date: 5. TITLE: Ownership of Display shall remain with Seller until all of the payments are made, and all of the conditions herein contained are fully complied I with. Neither the loss of, injury to or destruction of Display or institution of suit or procurement of judgment thereon, while in the possession of Purchaser or its agents, shall operate as payment or as a transfer of title to Purchaser. '~ 6. PATENT PROTECTION: Seller agrees to defend and indemnify Purchaser against any and all claims for violation of patents arising from use of Display, in an amount not exceeding the aggregate purchase price hereunder. 7. DEFAULT: These premises are upon the condition that In the event of a breach by Purchaser of any of the covenants and agreements herein contained or if during the term of this agreement, or any extension thereof, bankruptcy or insolvency proceedings are commenced by or against Purchaser, or if Purchaser makes an assignment for the behalf of creditors, or if a receiver is appointed to take possession of the business of Purchaser, or if action is taken to accomplish this end, or if Purchaser discontinues business in the premises where Display is located, or sells or files, or there is filed on his behalf, notice of intention to sell in bulk, or transfers said business or a material part thereof, voluntarily or involuntarily, Seller, at its option and without notice to Purchaser, may declare the entire unpaid balance of the purchase price hereunder immediately due and payable, or Seller may without notice to Purchaser declare all of Purchaser's rights under this agreement terminated, and without demand first made and with or without legal process, immediately take possession of Display and hold same, together with title thereto. Should Seller take possession of Display, all rights of Purchaser under this agreement shall Immediately terminate and all payments therefore made hereunder shall belong absolutely to Seller as compensation for the depreciation in value and for the use of Display, and Purchaser shall pay to Seller all installments then delinquent under this agreement, upon any such termination Seller may, but shall not be obligated to do so, sell Display at public or private sale, without demand for performance, with or without notice to Purchaser (if given, notice mailed to Purchaser's business address as given in this agreement being sufficient), with or without having Display at the place of sale, and upon the terms and in such manner as Seller may determine and Seller may bid at any such sale. If the proceeds from said sale added to the payments therefore made by Purchaser hereunder, do not total the amount required to be paid by I Purchaser hereunder, plus the cost of retaking and reselUng Display, Purchaser agrees to pay Seller, on demand, such deficiency. In case Seller shall i employ an attorney to recover Display or collect any sum due under this agreement, Purchaser promises to pay such additional sum as and for actual i attorney's fee, court costs and related charges. All overdue payments shah bear interest at the rate of f'r5% per month. 8. BUILDING PERMITS AND APPROVALS, ENGINEERING AND INSPECTIONS, IF REQUIRED; Extra time and material or by customer. ~i 9. ACCEPTANCE OF AGREEMENT: This agreement including Paragraphs 11 through 20 on the back of this page, shall not be considered as executed until signed by or on behalf of User and approved by an executive of Owner and signed by him on Owner's behalf. Purchaser authorizes Quiet Bros. Electric Sign Service Co., Inc. to obtain a credit report if deemed necessary. It is hereby further declared, agreed and understood that there are no prior oral or written negotiations, understandings, representations or agreements between the parties not herein expressed. 10. USER SHALL PROVIDE SERVICE FEED WIRES OF SUITABLE CAPACITY TO LOCATION OF DISPLAY IN ADVANCE OF INSTALL DATE. OWNER: QUIEL BROSTRIC SERVIC CO., INC PURCHASER : Inland Empire ociation i ~ i By_X BY Exec er Title_X Date GUARANTEE: For value received I or we, the undersigned, jointly and severally, hereby absolutely and unconditionally guarantee prompt payment by User of all monies due and payable under the foregoing Sales Agreement, at the dates and for the purposes therein stated, and the performance of all other undertakings by User as therein provided, Including reasonable attorney's fees. As Guarantor(s) it is understood that the obligations herein provided shall be binding upon and enforceable against the heirs, assigns, successors, and personal representative of each o dersigned. Each undersigned agrees that no notice of acceptance by Owner of this Guarantee shall be required of Owner, Ives notice of It, d consents to any changes or modfication hereafter made by Owner and User. By_X Guarantor SALES • SERVICE • LEASING • MAINTENANCE • CRA ICE • NEON Calif. Contractors License No. 217345 CONDITIONAL SALES AGREEMENT -Continued 4 ~i 11. REMOVAL OF DISPLAY: Display shall at all times be deemed personal property, and shall not by reason of attachment or connection to any realty, become or be deemed a fochue or appurtenance to such realty and shall at all times be severable there from, and shall be and remain at all times the property of Seller, free of any claim or right of Purchaser, except as set forth therein. Seller shall have the right to enter the premises to inspect, repair, or remove Display. 12. DELIVERY AND PERFORMANCE: Seller shall commence the construction of Display and prosecute the work thereon with due diUgence until completion. All obligations to be performed by Seller hereunder, shall be subject to delay or failure resulting from war, fire, labor disputes, unforeseen commercial delays, Acts of God, regulations or restrictions of the Government or public authorities, or other acadents, forces, conditions or circumstances beyond its control. 13. WAIVER OF BREACH: Time and the punctual performance of each and all of the terms, provisions and agreements thereof are of the essence of this agreements, except as herein otherwise expressly provided, no waiver by either party hereto of the non-performance of breach of any term, provision, condition or agreement thereof or of any default there under shall be construed to be, or operate as, a waiver of any subsequent non- ~ performance, breach or default. 14. TRANSFER OF AGREEMENT: AU of the terms, provisions and agreements thereof shall be binding upon the successors, assigns of legal representatives of the respective parties hereto; provided, however, that the interest of Purchaser herein shall be transferable only with the written consent of Seller. 15. PERMITS AND LICENSES: Purchaser shall obtain and maintain at Purchaser's expense and risk all necessary permits and licenses from public authorities, from the owner of the premises upon which Display Is to be Installed and from all others whose consent is necessary for use andlor existence of Display. 1B. SERVICE WIRING, COST OF ELECTRICITY: REINFORECEMENT OF BUILDINt3: Purchaser shall bring feed wires of suitable capacity and approved type to the location of Display, and shall pay for all electrical energy used by Display and shall be responsible for the supply thereof. Unless specifically stated in writing to the contrary, Purchaser shall provide all necessary reinforcements to the building on which Display is install 17. MAINTENANCE: h is agreed that any maintenance included herein shall be, and consists only of the following; any guarantees stated below do not cover Acts of God or vandalism. WARRANTIES: Seller warrants the display against defective workmanship in construction and assembly for one year from date of shipment or installation, If Installation is made by the Seller. Additlonally, Seller will replace defective components manufactured by others for 90 days from date of shipment or installation by Seller. Normal labor charges will apply to any work after 90 days. 18. ABNORMAL INSTAWUNUSUAL DIt3(31N(3: Through wall installation is assumed to be normal stucco, wood, or soft brick facing. If unique circumstances inside wall are discovered by Installer or if unusual digging conditions {i.e.: ledge, water, etc,) are encountered In ground kistallation, this contract is binding; however, an additional cost will be added to the contract price. 19. `Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions concerning the responsibiUties of a contractor may be referred to the Registrar of the Board whose address is: Contractors' State License Board, 1012 "N' Street, Sacramento, CA 95814." xxxxxxxxx~cxcccaxsxxxxccxcaxccaasssaaacaxczacaascaesaxaaaax=sa:sass:ass:aaasaaaa:acaaxaaasxaaxxxxaxxxxscaaxxzaezxx= 20. DESCRIPTION OF WORK: JOB LOCATION: Inland Empire Auto Center Manufacture and install one double face Inland Empire Sign as per sketch#00376-A to include Time-O-Matic Electrorric Message Sign, ~{8 x 96 10 watt lamp maUix, 16 levels of shading , top section of sign "Welcome to San Bernardino with logo". Lower section of sign "Inland Auto Center with dealer ID". Note: See attached for specification sheet. Labor, Tax and Material X339,000.00 Any additional labor, design, development, etc., not specifically stated in this agreement is not included in the sales agreement price. Additional work will be charged on a time and material hourly rate. Permits are time and material extra if needed. All prices quoted include labor, tax, and material. x x oy cuter s a~ +~/ ~~/ ~ ~/~~/~2 • 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF A LICENSE AGREEMENT WITH INLAND EMPIRE AUTO CENTER ASSOCIATION FOR INSTALLATION OF ELECTRONIC READER BOARD 4 IN THE STREET RIGHT-OF-WAY IN THE MEDIAN OF AUTO CENTER DRIVE AND CAMINO REAL. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1.'The Mayor of the City of San Bernardino is hereby authorized and 8 9 directed to execute on behalf of said City a License Agreement with Inland Empire Auto 10 Center Association, for installation of Electronic Reader Board in the street right-of-way in the 11 median of Auto Center Drive and Camino Real, copy of which is attached hereto, marked 12 Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 13 • SECTION 2. The agreement shall not take effect until fully signed and executed by all 14 15 Parties. The City shall not be obligated hereunder unless and until the agreement is fully 16 executed and no oral agreement relating thereto shall be implied or authorized. 17 SECTION 3. The authorization to execute the above-referenced agreement is 18 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage 19 20 of this resolution. 21 22 i// 23 24 25 26 • 27 28 -1- ~'' • 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZIIG THE EXECUTION OF A LICENSE AGREEMENT WITH INLAND EMPIRE ALTO 2 CENTER ASSOCIATION FOR INSTALLATION OF ELECTRONIC READER BOARD 3 IN THE STREET RIGHT-OF-WAY IN THE MEDIAN OF AUTO CENTER DRIVE AND CAMINO REAL. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a meeting thereof, held on the 7 day of , 2002, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA _ 10 LIEN 11 12 MC GINNIS 13 DERRY • 14 SUAREZ _ 15 ANDERSON _ 16 MC CAMMACK _ 17 18 19 City Clerk 20 The foregoing resolution is hereby approved this day of , 2002. 21 22 23 Judith Valles, Mayor City of San Bernardino 24 Approved as to 25 form and legal content: 26 JAMES F. PENMAN, • 27 City Attorney 28 ,~ By: -z- • 1 LICENSE AGREEMENT 2 3 THIS LICENSE AGREEMENT is made and entered into this day of 4 2002, by and between Inland Empire Auto Center Association 5 6 hereinafrer sometimes referred to as "Licensee," and the CITY OF SAN BERNARDINO, a ~ municipal corporation hereafter sometimes referred to as "City." 8 WITNESSETH: 9 10 For and in consideration of the mutual promises and covenants herein contained, the 11 parties hereto do hereby agree as follows: 12 1. City hereby gives permission, revocable and terminable as hereinafrer provided, 13 to Licensee to erect in conformance with existing laws and as approved by the City with • 14 15 Conditional Use Permit No. 00-27, on a certain portion of the City's right-of-way located at 16 the median of Auto Center Drive and Camino Real, San Bernardino, California, an Electronic 1~ Reader Board sign at such location and subject to any requirements or conditions as may be 18 imposed by the Deputy Director of Development Services Department/City Engineer of the 19 City. 20 21 2. This permission is given to Licensee as an accommodation to Licensee and shall 22 be rent-free. 23 3. Licensee hereby acknowledges the title and paramount interest of City to the 24 Street right-of-way and agrees never to assail or resist said title or interest and to observe any 25 present or future requirements relating thereto. 26 • 27 4. City reserves the right to terminate the permission hereby given at any time by 28 giving Licensee at least ten (10) days written notice of such termination, if the City Engineer - 1 - EXHIBIT "A" • 1 determines that the Electronic Reader Board constitutes a health and safety hazard, except that 2 City may, at its election, terminate said permission forthwith at any time if Licensee shall fail 3 to comply with or abide by each and all of the provisions herein. Waiver by City of and 4 breach of any term or provision herein shall not be deemed a waiver of any subsequent breach 5 of the same or any other term or provision. 6 7 5. Licensee agrees to construct the Electronic Reader Board only with the specific g written authorization of the Deputy Director of Development Services Department/City 9 Engineer and at that site as is designated by the Development Services Department Deputy 10 Director/ City Engineer. The Electronic Reader Board shall be maintained at all times in a 11 safe and good physical condition. Ciry shall be the sole judge of the quality of maintenance, 12 13 and upon written notice of the City, through its Deputy Director of Development Services • 14 Department/ City Engineer, stating in general terms how and in what manner the maintenance 15 is required, Licensee shall be required to perform such required maintenance. If Licensee fails I6 to do so, then City shall have the right to perform this maintenance, the cost of which shall be 17 1 8 borne by Licensee. Licensee further agrees to erect and maintain the Electronic Reader Board 19 in conformity with all building codes, rules, regulations and guidelines of the City of San 20 Bernardino. Licensee shall at its own responsibility and expense obtain and keep in effect all 21 licenses, bonds and permits necessary for the installation and existence of the Electronic 22 Reader Board. 23 24 6. Upon termination of this agreement, Licensee agrees to immediately remove the 25 Electronic Reader Board from the street right-of-way and to restore the street right-of-way to 26 its original condition. If Licensee fails to exercise its duties under this paragraph, City shall • 27 have the right to remove the Electronic Reader Board and restore the premises at no cost or 28 -2- • 1 liability to the City. Licensee covenants and agrees to reimburse City for such removal and. or 2 restoration. 3 7. City shall in no way be responsible for loss of or damage to the Electronic 4 Reader Board or for any property belonging to or rented by Licensee, its officers, servants, 5 6 agents or employees, that may be stolen, destroyed or in any way damaged during the erection 7 or maintenance of the Electronic Reader Board; and Licensee indemnifies City, its officers, 8 agents, servants and employees from and against any all such claims. 9 S. Licensee shall exercise its privileges under this license at its own risk. Licensee 10 shall indemnify and hold harmless City, its elective and appointive boards, cotttmissions, 11 12 officers, agents and employees from liability resulting from, arising out of, or in any way 13 connected with, the construction, installation or maintenance of any structure referenced in this • 14 license, the occupation or use of the public areas of such structure, both during and after the 15 installation thereof, including claims resulting from the conduct of Licensee, its employees, 16 invitees, guest or agents of Licensee, or Licensee's failure to perform its promises in 17 18 connection with this Agreement. Licensee shall defend City, its elective and appointive board, 19 commissions, officers, agents and employees from any suits or actions at law or in equity for 20 damages or injuries caused, or alleged to have been caused, by reason of any of Licensee's 21 operations under this Agreement. 22 9. Licensee agrees to furnish City with a certificate of insurance as proof that it has 23 24 secured and paid for a policy of public liability insurance covering all public risks related to 25 the use, maintenance, existence or location of the Electronic Reader Board. The amounts of 26 that insurance shall be as follows: • 27 28 -3- • 1 Property damage, per occurrence $1,000,000 CSL 2 Personal injury or death, per occurrence $1,000,000 CSL 3 With the understanding of and agreement by Licensee that such insurance amounts shall be 4 revised upward at City's option and Licensee shall so revise such amounts within 30 days 5 6 following notice to Licensee of those requirements. 7 10. This license is personal to Licensee. It is nonassignable and any attempt to 8 assign this license will terminate the license privileges granted to Licensee under this 9 Agreement. 10 11. Licensee agrees that should any action, whether real or asserted, at law or in it 12 equity, arising out of the terms of this Agreement, or by Licensee's operations on the 13 premises, venue for that action shall lie in San Bernardino County, California. • 14 12. The prevailing party in any legal action to enforce or interpret any provision of 15 this Agreement will be entitled to recover from the losing party all attorney's fees, count costs 16 and necessary disbursements in connection with that action. The costs, salary and expenses of 17 18 the City Attorney and member of his office, in connection with that action, shall be considered 19 as attorneys' fees for the purposes of this Agreement. 20 21 //// 22 //// 23 24 //// 25 //// 26 • 27 28 -a- • 1 LICENSE AGREEMENT 2 3 IN WITNESS, the parties have executed this Agreement on the dad of 4 , 2002. 5 6 7 Judith Valles, Mayor City of San Bernardino $ ATTEST: 9 10 City Clerk 11 12 Approved as to 13 form and legal content: • 14 JAMES F. PENMAN, 15 City Attorney 17 y~ ~ 18 l 19 20 21 22 23 24 25 26 • 27 28 -5- SIGNS BY 272 SOUTH I STREET, SAN BERNARDINO. CALIF. 92410 • - ~ . • < ..`~' . SINCE 1961 PH. 909-885-4476 FAX 909-888-2239 www.quielsigns.com n ~ ~ February 12,2002 ~:, ~ o Q v ,n Gam. Y`, J `r • 1 . r~l Mr.Youn Kim c:'. City of San Bernardino o V~ s ~`;'~; Department of Public Works v r ~y -~;, 300 North "D" Street u+-. ~ San Bemardino, CA 92418 ~ `D INLAND EMPIRE AUTO CENTER Dear Mr. Kim: • Quiel Brothers Electric Sign Co., on behalf of the Inland Empire Auto Center requested and received approval from the Planning Commission to install a new electronic message center sign at the entrance to the Auto Center. The sign will be located in the median in Auto Center Drive and is proposed to extend over Camino Real. Conditions of approval of conditional use permit 00-27 on 3-6-O1 require an encroachment permit to be obtained prior to issuance of building permits. Enclosed is also check for fee and one set of plans. If you have any questions please call me. Respectfully Yours, QUIEL BROS ELECTRIC SIGN SERVICE CO., INC. .., , ~-~ Nancy Snell Permit Coordinator • SALES • SERVICE • LEASING • MAINTENANCE • CRANE SERVICE • NEON EXHIBIT "B" Call. Comractors License No. 2t 73a5 ( . s _ I. y~'~.. ~L'. J ry l"" ~' M i Y. +- _ Z CAMINO REAL - O r N O ~ ~ . ~4 P ~ ~ 4 ~ Sy0~3' CASE DRIVE NaATH CENTURY AVENUE S~ -- 1 0 ~ AUTO CENTER d ~ a j ~ ~ 'j`' Z O $ ~ Z 1 w N ~ J Cn Z ~ ~ '~ ,~ ¢ fJI a ~ ~ z o ~ SHOW CASE dRIVE SOUTH ~ ' ~ a • ~ EXIIIBIT "1 Z~` Z , ~, ~ 1 ¢ ~, f~y}, 'G ;~,i ~'O; _ ~ f Y _QC ~ i~t ~ I - . C5- ~ l . = Y~- ~ a ,.. ~~s ~ ~ ,._ < < ~ ~ ~, s ~ .g il~ ` ~ ~ ~f ~ l ~, '.~ ~, sly ~, ~ ~ ~ __~__-- ___-- ___- __--- __------ ~- ~ J/~~ ,- ,.-; /"'~- ./ ~ 21.5 F~~ xxis ..!- ~ 4 i ~' - _ <, ,~ '~ ~ ~ t ,t' ~ ~ ' w 3 ~ ~ ~ wn ~ ., 4 ' ~ , i ~ ' i s ' _ ,.` i rte. s~ u s`r _ ~,~. y 1 tea..: ~ t. _-' - ` ~ ~M _ ._- ~ '~ ~ v.+: K. 4 . I r ,Y ~1 ~1 ;i •~raa~ ' J ?, !y t~ ,<<~~ i ~R~ ~, 7{$IBI' M L ~~~, ue , L ,.. r CITY CLERK'S OFFICE RncREr. G. Crnxx, C.M.C. - Crrv CLaiuc P.O. Box 1318 • San Bemazdino • CA 92402 300 North "D" Street • San Bernazdino • CA 92418-0001 909.384.5002 • Fax: 909.384.5158 Business Registration Division: 909.384.5302 San Bernar ino Passport Acceptance Facility: 909.384.5128 www.ci.san-bernazdin o.ca.us SM March 21, 2002 Larry Quiel Quiel Brothers Electric Sign Co. 272 South "I" Street San Bernardino, CA 92410 Dear Mr. Quiel, At the Mayor and Common Council meeting of March 18, 2002, the City of San Bernardino adopted Resolution 2002-83 -Resolution authorizing execution of license agreement for installation of Electronic Reader Board in the street right-of--way in the median of Auto Center Drive and Camino Real. Enclosed is one (1) original agreement. Please obtain signatures in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the agreement for your files. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by May 17, 2002. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, Michelle Taylor Senior Secretary Enclosure Cmt OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity • Accountability • Respect for Human Dignity • Honesty .' CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: Apri123, 2002 TO: Youn Kim, Senior Civil Engineer FROM: Michelle Taylor, Senior Secretary RE: Resolution 2002-83 -Inland Empire Auto Center Association CC: Attached is a fully executed copy of the license agreement with Inland Empire Auto Center Association for installation of an electronic reader board in the street right-of--way in the median of Auto Center Drive and Camino Real. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. ; . FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT RESOLUTION AGENDA ITEM TRACHING FORM Meeting Date (Date Adopted): ~- ~ ~-Oo2 Item # Resolution # ~bb~ -~ 7j Vote: Ayes ~-~) Nays ~ Abstain_~~ Absent $ Change to motion to amend original documents: Reso. # On Attachments: ~ Contract term: ~- Null/Void After: ~Ob l~A~~$! ~" ~-0~ Note on Resolution of Attachment stored separately: = t Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY By: Date Sent to Mayor: ~ " ~~-G ~ Reso. Log Updated: l~ Date of Mayor's Signature: ~-~C~-G~ Seal Impressed: ? Date of Clerk/CDC Signature: 3 ~ 1-~ ,,tt Date Memo/Letter Sent for Signature: ~-~1-ba See Attached: ?DateReturned: 't'ai-Z)a- 60 Day Reminder Letter Sent on 30th day: See Attached: _ 90 Day Reminder Letter Sent on 45th day: See Attached: _ Request for Council Action & Staff Report Attached: Yes ? No _ By _ Updated Prior Resolutions (Other Than Below): Yes _ No _ / By Updated CITY Personnel Folders (6413, 6429, 6433, 1OS84, 1 OS85, 12634): Yes _ No ? By Updated CDC Personnel Folders (SSS7): Yes _ No ? By Updated Traffic Folders (3985, 8234, 6SS, 92-389): Yes ~ No ~ By Copies Distributed to: City Attorney ~ Code Compliance Dev. Services _~/ EDA Finance MIS Parks & Rec. Police Public Services Water Others:_ Notes: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term etc 1 Ready to File: 1~'( Date: ~(-e~~ ~~' Revised 01/12/01