HomeMy WebLinkAbout1984-481
RESOLUTION NO.
84..401
RESOLUTION OF THE CITY Of SAN BERNARDINO AUTHORIZING THE
RATIFICATION AND EXECUTION OF A SETTLEMENT AGREEMENT AND RELEASE
WITH H.M.S. INVESTMENTS DOING BUSINESS AS AUTOSMOG, RELATING TO
SIGN ABATEMENT AT 841 INLAND CENTER DRIVE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF ~qE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The execution by the Superintendent of Building
and Safety of the City of San Bernardino on behalf of said City
of a Settlement Agreement and Release with H.M.S. Investments
doing business as AutoSmog, relating to sign abatement at 841
Inland Center Drive, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as
though set forth at length, is hereby ratified.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a recrular meeting thereof,
held on the 19th day of November , 1981+ , by the
following vote, to wit:
AYES:
Council Members Reilly. _t!a.tl:.a___.
Ouiel, Frazier, Strickler
NAYS:
None
ABSENT:
Council .Member Castaneda, Hel':'nc.I:.n.pz
(b ((v.1t la:
The foregoing resolution is hereby approved this 07/~
"1ilW8fYl r.>
- 1 ty er
day of
Nover1her
, 1984.
ino
.... .,.
SETTLEMENT AGREEMENT AND RELEASE
This is an Agreement made by and between H.M.S. INVESTMENTS
doing business as AUTOSMOG (hereinafter "Autosmog") and the CITY
OF SAN BERNARDINO DEPARTMENT OF BUILDING AND SAFETY (hereinafter
"City").
RECITALS
A. On or about March 26, 1984, AutoSmog purchased a parcel
of property located at 841 Inland Center Drive, San Bernardino
("the Property") upon which were located three sign poles
designed to support a billboard.
B. On or about June 29, 1984, Autosmog received notice from
the City to remove the existing sign poles on the grounds that
the sign poles were considered abandoned pursuant to local
ordinance.
C. Subsequently, AutoSmog received verbal notice that the
sign poles were not in conformity with the San Bernardino
Municipal Code Sections concerning size and height requirements.
D. AutoSmog filed an appeal from City's determination on
July 13, 1984.
E. City made a determination in a letter to AutoSmog dated
July 18, 1984, to affirm its original decision that the sign
poles were to be removed.
,
F. On August 1, 1984, AutoSmog filed a notice of appeal
pursuant to San Bernardino Municipal Code 2.64.010, et ~. which
constituted an appeal from the final determination made by the
City that the sign poles were abandoned. The hearing on this
appeal was scheduled for September 10, 1984, in the San
Bernardino Common Council Chambers, and this hearing date was
sUbsequently continued until this matter should be resolved.
F. AutoSmog and the City now wish to adjust and settle all
claims and differences which either may have against the other
arising out of the location and size of the sign poles.
FOR AND IN CONSIDERATION of forbearance by the City from
enforcing the removal of the above-described sign poles from the
property, the parties agree as follows:
1. AutoSmog shall bring the sign poles into conformity with
the pertinent San Bernardino Municipal Code Sections,
specifically Section 19.60.020, to lower the poles to a height of
no more than 30 feet within 100 days of September 12, 1984, the
date this agreement was reached by both parties or December 24,
1984;
2. AutoSmog further agrees that any billboard placed on
such sign poles will be in conformity with Municipal Code
Sections 19.60.020 - 19.60.030 and shall have an overall
advertising area of no more than 150 square feet;
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3. In the event that the sign poles are not brought into
conformity with the above-mentioned code sections, AutoSmog
agrees to permit the City to require removal of the sign poles or
to enter the property for the purposes of removing the
above-described sign poles with 5 days advance notice to AutoSmog
that such action will be taken;
4. In the event that such removal proves necessary, costs
of the removal of the sign poles shall be charged to AutoSmog;
5. Autosmog and the City each do hereby release the other
from any all claims, demands, or liability of every kind in
nature whatsoever which they ever had or now have, or which they
or their heirs, executors or administrators have now or may
hereafter have by reason of the aforementioned circumstances;
6. This writing constitutes the entire agreement between
AutoSmog and the City. No modification of this Agreement shall
be valid unless in writing signed by the parties. Neither
AutoSmog nor the City shall be bound by any representation,
warranty, promise, statement or information, unless it is
specifically set forth in this document;
7. This document shall bind and inure to the benefit of the
heirs, executors, administrators, successors and assigns of
AutoSmog and the City.
8. In the event of any declaratory or other legal or
equitable action instituted between the parties hereto in
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,
.
connection with this Agreement, then the prevailing party shall
be entitled to recover from the losing party all of its costs and
expenses, including court costs and attorneys' fees.
THE UNDERSIGNED HAVE READ THE FOREGOING SETTLEMENT AGREEMENT
AND RELEASE AND FULLY UNDERSTAND IT.
Executed, October '20 , 1984.
HMS INVESTMENTS dba AUTOSMOG
By .-'~~.~
Executed, October ~, 1984
CITY OF SAN BERNARDINO OFFICE OF
BUILDING AND SAFETY
By (LLl .~.
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