HomeMy WebLinkAbout1986-092
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RESOLUTION NO. 86-92
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH GANNETT OUTDOOR CO., INC. OF
SOUTRERN CALIFORNIA, AN INCORPORATED METROMEDIA COMPANY,
PERMITTING THE USE OF AN OUTDOOR ADVERTISING STRUCTURE AT 512
EAST REDLANDS BOULEVARD, FOR A PERIOD ENDING ON MAY 1,
1994, SUBJECT TO TERMS AND CONDITIONS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is
8 hereby authorized and directed to execute on behalf of said City
9 an Agreement with Gannett Outdoor Co., Inc. of Southern
10 California, an incorporated metromedia company, permitting the
11 use of an outdoor advertising structure located at 512 East
12 Redlands Boulevard in the City of San Bernardino, for a period
13 ending on May 1, 1994, A copy of said Agreement is
14 attached hereto, marked Exhibit "A" and incorporated herein by
15 reference as fully as though set forth at length.
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
18 Bernardino at a
regular
meeting thereof,
19 held on the 17th
March
, 1986, by the
day of
20 following vote, to wit:
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Council Members
AYES:
Estrada, Reilly, Hernandez,
Marks, Quiel, Frazier, Strickler
NAYS:
ABSENT:
None
None
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The foregoing resolution is hereby approved this /)?/~
day of
ino
March
Approved BS to form:
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,: JI'-_
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AGREEMENT
IleA-
THIS AGREEMENT is entered into this
day of
(~J
, 1986, by and between the CITY OF SAN
4 BERNARDINO, a municipal corporation, hereinafter referred to as
5 "City", and GANNETT OUTDOOR CO., INC. OF SOUTHERN CALIFORNIA, an
6 incorporated metromedia company, hereinafter referred to as
7 "Company".
8 The parties agree as follows:
9 I. Recitals.
10 A. Company is an outdoor advertising corporation stationed
11 at 1731 Workman Street, Los Angeles, California, 90031-3381,
12 and is the lessee of land located at 512 East Redlands
13 Boulevard, San Bernardino, California, hereinafter referred to as
14 "Property", which is located generally south of state freeway l-
IS 10 and east of Waterman Avenue in San Bernardino, California, as
16 set forth in a lease dated February 13, 1985 with Company and the
17 property owner. Company desires to erect an outdoor advertising
18 structure on the Property within 660 feet of the freeway right-
19 of -way of 1-10.
20 B. San Bernardino Municipal Code Section 19.60.250
21 Subsection A Paragraph 8 prohibits an off-premise sign within 660
22 feet from the right-of-way line of a freeway when the advertising
23 face of the off-premise sign is visible from any point on said
24 right-of-way line. Section 19.60.250 Subsection A Paragraph 2
25 restricts the sign area of an off-premise sign to a maximum of
26 300 square feet per face. However, Section 19.60.250 Subsection
27 B, as amended, permits one or more off-premise signs to be
28 replaced with a new freeway off-premise sign in an approved
1 zoning district subject to a written agreement and other
2 restrictions.
3 C. Company is. willing, pursuant to Section 19.60.250
4 Subsection B, to demolish an outdoor advertising structure
5 located at 455 West Fifth Street, San Bernardino, California, and
6 owned by Company and replace such strlicture with an outdoor
7 advertising structure to be erected at 512 East Redlands
8 Boulevard, San Bernardino, California.
9 II. Consideration.
10 This agreement is entered into in consideration of
11 forebearance from prosecution of legal action both by City,
12 to require the immediate acatement of the freeway billboard
13 on the Property as a public nuisance or a use contrary to zoning
14 regulations, and by Company to obtain a court order to permit the
15 continued use of suct freeway billboard under principles of
16 equity, estoppel or law. Further consideration flows to each
17 party from their full and complete compliance with all terrr.s Elnd
18 conditions of this agreement.
19 III. Conditions.
20 A. Company may erect an outdoor advertising struct~re at
21 512 East Redlands Boulevard, San Bernardino, California on the
22 Property for a period of eight (8) years commencing on May 1,
23 1986 and ending on May 1, 1994. Company shall have the
24 right to request an extension of this agreement for a period
25 of two years which extension shall be subject to the
26 approval of the ~ayor and Common Council of City at their sole
27 discretion.
28 B. At end of the period of this agreement, Company shall
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1 remove its outdoor advertising structure erected at 512 East
2 Redlands Boulevard, San Bernardino, California from the Property
3 at its sole expense. The structure may be relocated to a new
4 site provided there is compliance with the law, ordinances, rules
5 and regulations in effect at the time of the removal and
6 relocation. The relocation of the outdoor advertising structure
7 to a new site in the City limits shall be subject to the prior
8 approval of the Mayor and Common Council of City.
9 C. Company shall immediately upon the execution of this
10 agreement remove and demolish the outdoor advertising structure
11 located a 455 West Fifth Street, San Bernardino, California,
12 subject to any terms and conditions imposed by City and the
13 Superintendent of Building and Safety and Planning Director of
14 City.
15 D. During the period of this agreement or any extension,
16 Company shall be permitted to move the outdoor advertising
17 structure located on the Property to another location on the
18 Property in the event such Property is fully developed by
19 building construction. Such relocation on the same Property
20 shall be subject to any terms and conditions imposed by City and
21 the issuance of appropriate permits.
22 E. Company voluntarily agrees to exercise a code of ethics
23 in placing advertising copy on the outdoor advertising structure
24 located on Property which should not be offensive to the
25 surrounding uses and properties.
26 F. Company shall obtain the requisite permits and pay
27 appropriate fees for the removal of the outdoor structure and for
28 the removal, transporting and relocation of the outdoor
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1 advertising structure from the Property. City shall cooperate in
2 the issuance or reinstatement of such perrrits and licenses.
3 Company shall comply with applicable state laws and regulations
4 and, except as may be provided to the contrary herein, with the
5 San Bernardino Municipal Code, including Section 19.60.250
6 Subsection B as amended.
7 IV. Preservation of Rights.
8 A. Upon the expiration or termination of this agreement,
9 the continued use of the outdoor advertising structure located C~
10 the Property shall be deemed a violation of the zoning laws of
11 City.
12 B. By the execution of this agreement, City does not waive
13 any right It may have relating to the abatement of the outdoor
14 advertising structure located on the subject Property or the
15 enforcement of any condition, rule, regulation or law.
16 V. Termination.
17 A. If Company refuses or fails to comply with any term or
18 condition of this agreement, or refuses or fails to perform
19 hereunder with diligence and in the time frame established by the
20 City Administrator of City, or violates any of the provisions of
21 this agreement, City may serve written notice upon Company of
22 breach of this agreement or any portion thereof by mailing a
23 thirty (30) day notice thereof to Company at 1731 Workman
24 Street, Los Ang~les, California 90031-3381. After thirty (30)
25 days following the mailing of said notice, this agreement shall
26 be deemed breached a~d if declared in default by the Mayor and
27 Common Council of City, the continued use of the outdoor
28 advertising structure shall be deemed to be a violation of the
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1 zoning laws of City. Company shall acquire the right to appear
2 before and be heard by the Mayor and Common Council of City
3 concerning such breach provided it files a request therefor
4 within fifteen (15) days after the mailing of the notice. Such
5 request shall be addressed to the Mayor and Common Council of
6 City and served personally upon the City Clerk of City.
7 IN WITNESS WHEREOF, the parties hereto have executed this
8 agreement the day and year first above written.
CITY OF SAN BERNARDINO
GANNETT OUTDOOR CO., INC. OF
SOUTHERN CALIFORNIA
By -*_~~f~
Its t/. ~ '~'N'
, ,
By
Attest:
Q1~~
By
Its
Approved as to form:
~1f4~~~
City Attorney
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