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Home My WebLink AboutS3-Public Works V1 5 CITY OF SAN BER~RDINO - From: ROGER G. HARDGRAVE I ,N , , "l ~ II 'I REQU~~! N"l~. ~~~Ns~~~etACTION Authorization to Execute License & Subject: Agreement - Encroachment of Canopy & Sign into Public Right-of-Way on nHn Street, at 79.8 W. Inland Ctr. Drive -- Applicant: DVS Industries Dept: Public Works 'J> .~ ,-:' 1-" Date: 2-15-95 Synopsis of Previous Council action: Owner: Lessee: H Inland Enterprises J. Baker, Inc. dba Casual Male 12-05-94 - Resolution No. 94-364 Agreement with H Inland of canopy and sign. adopted approving License and Enterprises for the encroachment ; Recommended motion: Adopt resolution. cc: Shauna Clark Jim Penman DVS Industries H Inland Enterprises ~~ Signature Contact person: Roqer G. Hardqrave Staff Report, Letter, Resolution, Aqreement Phone: 5025 Supporting data attached: Ward: 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. DescriPtion) Finance: Council Notes: d-/t?0 j,~- . Agenda Item NoJ3 75-0262 II TI' CITY OF SAN BER.RDINO - REQUEST eoR COUNCIL ACTION STAFF REPORT The attached request was received from DVS Industries (sign maker), on behalf of Big and Tall/Casual Male (Lessee) for approval of an encroachment permit to authorize installation of a canopy and sign overhanging in the public right-of-way on "H" Street, adjacent to 798 W. Inland Center Drive. The original License and Agreement, approved by the Mayor and Common Council on 12-05-94 with H Inland Enterprises (owner) was sent to the owner for execution. However, the owner referred the matter to his attorney, Wagner & Scuderi, who returned the License and Agreement and advised J. Baker, Inc. (Lessee) by letter, copy attached, that the owner would not execute the agreement, but authorized J. Baker, Inc. to execute the License and Agreement. J. Baker, Inc. simply crossed out H Inland Enterprises on the License and Agreement and inserted their name, then attempted to pull the sign permit from the Department of Planning and Building Services. They were advised that the agreement was approved with H Inland Enterprises and would have to be re"" submitted to the Mayor and Common Council for a new approval. We recommend that the License Agreement, with the lessee be approved. URGENCY CLAUSE: DVS Enterprises has indicated that the sign is already made up and has been incurring storage charges since they started this process back in November, 1994. The Lessee, J. Baker, Inc. (Big & Tall/Casual Male) feels they are losing business due to lack of a complete sign and canopy on their building, and are requesting speedy approval. 2-15-95 75.0264 DVB INDU'd RII "> . . ELECTR~CAL ADVERTISING DIVISION November 11, 1994 Mr. Qene Kum SuM!yI/1'llm1Il CITY OF SAN BERNANDlNO Dl!PARTMI!NT 0' PUBUO WORKS 300 North "0" Street Cei9" San Bemandlno, CA 92418 RE: BIG & TALUCASUAL MALE 718 Inland Center Drive San Bernadino, CA 12410 APN" 01"1-184-01 ECTICUT DRIVE \.... 'UII\JNGTON. N.l your review if there is any additional information needed, please '6091116-0100 do not hesitate to can. My toll free telephone number is (800) 776- PAX 1609"'''1108 7446. Thanking you in advance for your help. jJH:':~', }! :fr,jc.j &!~SR? ~ -7 / /. t.l- ,!':.. t 'J.J. -- !.....! ,./....-{ ,---' - - "-- w ....... ,_' _ ."_ I\...{'; ~~.~ -'5 6 .?>:>r P' A - -L ." ,.rue, ~:/ / S 3/> /<'Zt'fr~ / '0:. J vV', '>u" ""-. c:;'O ~ Necr1 ._- ~ UIl2I3 IIlulNnalecl /Wlir1llI In~lIl1llOtl ~ SorMce Ow Mr. Klatt: ; - On Oetober 200l I l'8oolvod 0 f3xed letter from Mr. John f\l,!1(fl. r.ity planner. He had reviewed my plans and Indicated that the propoeed signs would be permitted provided they faced a street or parking lol My local sign company then made a sign permit application and was infolometl thot tho oido olovation \WUld require an MtmAr.hnvmt tn be permitted. - Please allow this letter along with an necessaty specifications act as my request for an encroachment application. We have already manufactured this side awning elevation v..nlch connects to the front elevation. Presently, the front awning has been installed but we have not installed the side. We need the side elevation sign to complete our awning. I have enclosed elevation drawings with signage attached, along with structural detail of the awning and a site plan. I was informed that there is a December 5th agenda hearing and It is vitally important that we meet this schedule. Our store had it's Grand Opening today. Given that this store markets a small customer base, big & tall men. their success is significantly related to the exterior . ns they utilize at each location. ~- ~~,--:-I.?(' :-~_.- -,..~? II II . . LAW OFFICE TELE~MONr; 1.'.1 80S-.Seo 121.)1 272-1444 Wagner & Scuderi PROFESSIONAL CORPORATION nUl. MAGNCI.IA _OULEVAlItC, SUITI 430 SHERMAN OAKS, CALIFORNIA 91403 '" (SISI 805.&218 December 15, 1994 Brian P. Cassidy Sign Coordinator J. Baker, Inc. 555 Turnpike Street Canton, MA 02021 Re: Casual Male/Big , Tall 798 Inland Center Driv. San Bernardino, CA . Dear Mr. Cassidy: Thank you for your December 14, 1994 letter with enclosures. The "license and agreement" cannot be executed in its present form. The actual canopy and sign, etc. are for the direct benefit of your company, therefore, J. Baker must be~he sole party "licensee" to this agreement as a lessee-tenant for H-Inland Enterprises, a General partnership. In addition, your company is also to furnish at its sole expense, all insurance required by the city. As you can appreciate, it is J. Baker, lessee who has full control of the construction, existence and use of the canopy and sign. You certainly have our permission to seek the city's approval, but not as a liability obligation of H-Inland Enterprises as the lessor. I am concurrently sending a copy of this letter to Michael W. Grubbs, Senior Engineer for the Public Works Department of the city. -[TIlT' . . To: Brian P. Cassidy December 15, 1994 Page Two I trust you and he can revise the agreement to reflect the above facts. Thank you for your courtesy and cooperation. Very truly yours, WAGNER & SCUDERI Jerome M. wagner . JMW:tg c.c. Michael W. Grubbs, Senior civil Engineer, Department of public Works City of San Bernardino 300 N. "0" Street San Bernardino, CA 92418 (with original Agreement)