HomeMy WebLinkAbout1986-093
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RESOLUTION NO. 86-93
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH FOSTER AND KLEISER, AN
INCORPORATED METROMEDIA COMPANY, PERMITTING THE USE OF AN OUTDOOR
ADVERTISING STRUCTURE AT 726 EAST REDLANDS BOULEVARD, LOCATED
APPROXIMATELY 125 FEET SOUTH OF FREEWAY 1-10, FOR A PERIOD ENDING
ON DECEMBER 31, 1993, SUBJECT TO TERMS AND CONDITIONS.
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
8 hereby authorized and directed to execute on behalf of said City
9 an Agreement with Foster and Kleiser, an incorporated metromedia
10 company, permitting the use of an outdoor advertising structure
11 located at 726 East Redlands Boulevard in the City of San
12 Bernardino, at a site approximately 125 feet south of the 1-10
13 Freeway, for a period ending on December 31, 1993. A copy of
14 said Agreement is attached hereto, marked Exhibit "A" and
15 incorporated herein by reference as fully as though set forth at
16 length.
17 I HEREBY CERTIFY that the foregoing resolution was duly
18 adopted by the Mayor and Common Council of the City of San
19 Bernard ino at a
requ]_ar
meeting thereof,
20 held on the 17th day of
21 following vote, to wit:
March
, 1986, by the
AYES:
Council Members Estrada, Reilly, Hernandez,
Mar]{s. Quie 1, Fraz ier, Str ickIer
NAYS:
None
ABSENT:
None
~giW~AI/
<31ty C er
/ / / / /
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The foregoing resolution is hereby approved this /J"~;[
2 day of
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March
5 Approved as to form:
~~~
City Attorney
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, 1986.
~'~/<<~/Ar
Mayor 0 t ity 0 San . rnardino
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AGREEMENT
lit:: L
THIS AGREEMENT is entered into this
day of
!lf~
, 1986, by and between the CITY OF SAN
4 BERNARDINO, a municipal corporation, hereinafter referred to as
5 "City", and FOSTER AND KLEISER, an incorporated metromedia
6 company, hereinafter referred to as "Company".
7 The parties agree as follows:
8 I. Recitals.
9 A. Company is an outdoor advertising corporation stationed
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at 1550 West Washington Boulevard, Los Angeles, California,
90007, and is the lessee of land located at 726 East Redlands
Boulevard, San Bernardino, California, hereinafter referred to as
"Property", which is described as a portion of real property,
part of Rancho San Bernardino, Assessor's Parcel Number 281-051-
29, City of San Bernardino, generally located 125 feet south of
the state freeway 1-10 southerly right-of-way, approximately
2500 feet east of the easterly right-of-way of Waterman Avenue,
approximately 100 feet north of Redlands Boulevard and less than
19 100 feet west of Gage Canal, San Bernardino, California. The
20 property is owned by Evelyn P. Brier, P. O. Box 5905, San
21 Bernardino, California, 92412, and is leased to Company. Company
22 has erected a metal outdoor advertising structure on the leased
23 property at an estimated cost of $60,000. The outdoor
24 advertising structure is located approximately 125 feet from the
25 main traveled portion of the freeway right-of-way of 1-10.
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B. San Bernardino Municipal Code Section 19.60.250
27 Subsection A Paragraph 8 prohibits an off-premise sign within 660
28 feet from the right-of-way line of a freeway when the advertising
1 face of the off-premise sign is visible from any point on
2 said right-of-way line. Section 19.60.250 Subsection A Paragraph
3 2 restricts the sign area of an off-premise sign to a maximum of
4 300 square feet per face. However, Section 19.60.250 Subsection
5 B, as amended, permits one or more off-premise signs to be
6 replaced with a new freeway off-premise sign in an approved
7 zoning district subject to a written agreement and other
8 restrictions.
9 C. Company is willing, pursuant to Section 19.60.250
10 Subsection B, to demolish two roof-top billboards located at 415
II and 390 West Highland Avenue, San Bernardino, California, and
12 replace such billboards with one billboard erected at
13 726 East Redlands Boulevard, San Bernardino, California; and is
14 agreeable that such demolition of the two roof-top billboards
15 shall be completed forthwith.
16 II. Consideration.
17 This agreement is entered into in consideration of
18 forebearance from prosecution of legal action, both by City,
19 to require the immediate abatement of the freeway billboard
20 on the Property as a public nuisance or a use contrary to
21 zoning regulations, and by Company to obtain a court order to
22 permit the continued use of such freeway billboard under
23 principles of equity, estoppel or law. Further consideration
24 flows to each party from their full and complete compliance with
25 all terms and conditions of this agreement.
26 III. Conditions.
27 A. City shall permit the continued use of the outdoor
28 advertising structure of Company located at 726 East Redlands
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1 Boulevard, San Bernardino, California, on the Property for a
2 period commencing upon the date of the execution of this
3 agreement and ending on December 31, 1993. Company shall have
4 the right to request an extension of this agreement for a period
5 of two years which extension shall be subject to the approval of
6 the Mayor and Common Council of City at their sole discretion.
7 B. At the end of the period of this agreement, Company shall
8 remove its outdoor advertising structure located at 726 East
9 Redlands Boulevard from the Property at its sole expense. The
10 structure may be relocated to a new site provided there is
11 compliance with the law, ordinances, rules and regulations in
12 effect at the time of the removal and relocation. The relocation
13 of the outdoor advertising structure to a new site in the City
14 limits shall be subject to the prior approval of the Mayor and
15 Common Council of City.
16 C. Company shall immediately upon the execution of this
17 agreement remove and demolish two roof-top billboards located at
18 415 and 390 West Highland Avenue, San Bernardino, California,
19 subject to any terms and conditions imposed by City and the
20 Superintendent of Building and Safety and Planning Director of
21 City.
22 D. During the period of this agreement or any extension,
23 Company shall be permitted to move the outdoor advertising
24 structure located on the Property to another location on the
25 Property in the event such Property is fully developed by
26 building construction. Such relocation on the same Property
27 shall be subject to any terms and conditions imposed by City and
28 the issuance of appropriate permits.
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E. Company voluntarily agrees to exercise a code of ethics
2 in placing advertising copy on the outdoor advertising structure
3 located on Property which should not be offensive to the
4 surrounding uses and properties.
5 F. Company shall obtain the requisite permits and pay
6 appropriate fees for the removal of the roof-top billboards and
7 for the removal, transporting and relocation of the outdoor
8 advertising structure from the Property. City shall cooperate in
9 the issuance or reinstatement of such permits and licenses.
10 Company shall comply with applicable state laws and regulations
11 and, except as may be provided to the contrary herein, with the
12 San Bernardino Municipal Code, including Section 19.60.250
13 Subsection B as amended.
14 IV. Preservation of Rights
15 A. Upon the expiration or termination of this agreement,
16 the continued use of the outdoor advertising structure located on
17 the Property shall be deemed a violation of the zoning laws of
18 City.
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B. By the execution of this
agreement, City does not waive
"'~ l..~~:/#,~,t I
the abatement,.of the outdoor
any right it may have relating to
21 advertising structure located on the subject Property or the
22 enforcement of any condition, rule, regulation or law.
23 V. Termination.
24 A. If Company refuses or fails to comply with any term or
25 condition of this agreement, or refuses or fails to perform
26 hereunder with diligence and in the time frame established by the
27 City Administrator of City, or violates any of the provisions of
28 this agreement, City may serve written notice upon Company of
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1 breach of this agreement or any portion thereof by mailing a
2 thirty (30) day notice thereof to Company at 1550 West
3 Washington Boulevard, Los Angeles, California, 90007. After
4 thirty (30) days following the mailing of said notice, this
5 agreement shall be deemed breached and if declared in defsult by
6 the Mayor and Common Council of City, the continued use of the
7 outdoor advertising structure shall be deemed to be a violation
8 of the zoning laws of City. Company shall acquire the right to
9 appear before and be heard by the Mayor and Common Council of
10 City concerning such breach provided it files a request therefor
11 within fifteen (15) days after the mailing of the notice. Such
12 request shall be addressed to the 1'2yor and Common Council of
13 City and served personally upon the City Clnk of City.
14 IN WITNESS WHEREOF, the parties hereto have executed this
15 agreemert the day and year first above written.
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CITY OF SAN BERNARDINO
FeSTER AND KLEISER
By
I. MJNEI'iINI
Souttlern Calitori'ilci----
kO#w I:stat~ Manager
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or \ /
Attest:
BY~~.,44R~_
Its be. ".0>. +-c.... \tel. ..,_.......-
-:t\'a.'c1\2C.
24 Approved as to form:
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27 City Attorney
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