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Home My WebLink About2008-024 . 1 2 RESOLUTION NO. ?OOR-?4 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND 3 DIRECTING EXECUTION OF A LICENSE AND AGREEMENT WITH AMERICAN SPORTS UNIVERSITY FOR ENCROACHMENT OF SIX (6) OVERHANGING 4 CANOPIES FOR OUTDOOR DINING AT 360 W. COURT STREET, SAN 5 BERNARDINO, CA 92401. 6 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and Common Council of the City of San Bernardino 9 hereby approves a License and Agreement with American Sports University for encroachment of 10 six (6) overhanging canopies for outdoor dining at 360 W. Court Street, San Bernardino, CA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 92401. SECTION 2. That the City Manager is hereby authorized to execute on behalf of the City the License and Agreement between the City of San Bernardino and American Sports University, a copy of which is attached hereto and incorporated herein as Exhibit "A". SECTION 3. The authorization to execute the above referenced license and agreement is rescinded if the parties fail to execute it within sixty (60) days of the passage of this Resolution. /II /II 27 28 Auoust 29. 2005 1 1 RESOLUTION.... AUTHORIZING AND DIRECTING EXECUTION OF A LICENSE 2 AND AGREEMENT WITH AMERICAN SPORTS UNIVERSITY FOR ENCROACHMENT OF SIX (6) OVERHANGING CANOPIES FOR OUTDOOR DINING 3 AT 360 W. COURT STREET, SAN BERNARDINO, CA 92401. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a j oint regular 7 meeting thereof held on the 22nd day of January , 2008, by the following vote, to wit: 8 9 10 11 12 13 14 15 16 17 18 19 20 Council Members: AYES NA YES ABSTAIN ABSENT ESTRADA X BAXTER X X BRINKER DERRY X KELLEY X JOHNSON X MCCAMMACK X ~~h.~ City C erk 21 The foregoing resolution is hereby approved thi~ day of January ,2008. 22 23 24 25 Approved as to form: 26 27 28 JAMES F. PENMAN :~~ A".......")Q ')M< ~ 2008-24 EXHIBIT "A" LICENSE AND AGREEMENT THIS LICENSE AND AGREEMENT is made and entered into this 22nd day of January , 2008, by and between AMERICAN SPORTS UNIVERSITY, a California corporation, hereinafter referred to as "Licensee," and the CITY OF SAN BERNARDINO, a municipal corporation hereafter referred to as "City." WITNESSETH: For and in consideration of the mutual promises and covenants herein contained, the parties hereto do hereby agree as follows: 1. City hereby gives permission, removable and terminable as hereinafter provided, to Licensee for encroachment of six (6) overhanging canopies for outdoor dining at 360 W. Court Street, San Bernardino, CA 92401 indicated schematically in Attachment "1 ", and in accordance with that letter, dated December 14, 2007, from Licensee (Attachment "2"), both attached and made a part hereof, and subject to any requirements or conditions as may be imposed by the Director of Development Services of City. 2. Use of the area for outdoor dining shall be subject to the requirement that the applicant maintain a minimum width of 4-feet for passage of pedestrians along the public sidewalk, said 4-foot width being clear of obstructions and tree grates. The sale or consumption of alcoholic beverages shall not be allowed in the public right-of-way. 3. This permission is given to Licensee as an accommodation to Licensee and shall be subject to the payment of an annual license fee of $150.00. The first 1 of? 2008-24 EXHIBIT "A" payment shall be due upon execution of this License and Agreement. Subsequent payments shall come due on the first day of January of each subsequent year. 4. Licensee hereby acknowledges the title and paramount interest of City to the public right-of-way and agrees never to assail or resist said title or interest and to observe present or future set-back requirements relating thereto while this Agreement is in force and effect. S. City and Licensee each reserves the right to terminate this License and Agreement at any time for any reason by giving Licensee at least thirty (30) days written notice of such termination, except that City may, at its election, terminate said permission forthwith at any time if Licensee shall fail to comply with any of the provisions of this Agreement. Waiver by the City of any breach of any term or provision herein shall not be deemed a waiver of any subsequent breach of the same or any other term or provision of this Agreement. 6. Licensee agrees to install, use and maintain said encroachment as required by this Agreement. Said encroachment shall be maintained at all times in a safe, neat, sightly and good physical condition. City shall be the sole judge of the quality of millntenance, and upon written notice by City, through its Director of Development Services, stating in general terms how and in what manner the maintenance is required, Licensee shall be required to perform such required maintenance. If Licensee fails to do so, then City shall have the right to perform this maintenance, the cost of which shall be borne by Licensee, or alternatively, City may, at its election, terminate this Agreement. Licensee further agrees to install, use and maintain said encroachment in conformity with applicable Federal, State, and local laws, rules and regulations. Licensee shall, at its own 2of7 2008-24 EXHIBIT "A" responsibility and expense, obtain and keep in effect all licenses, bonds and permits necessary for the installation and existence of said encroachment. 7. Upon termination of this Agreement, Licensee agrees to immediately remove said encroachment from the public right-of-way and to restore the public right-of- way to the satisfaction of the Director of Development Services. If Licensee fails to exercise its duties under this paragraph, City shall have the right to remove said encroachment and to restore the premises at no cost or liability to the City. Licensee covenants and agrees to reimburse City for such cost of removal and/or restoration. 8. City shall in no way be responsible for any loss or damage caused by said encroachment or for any property belonging to or leased by Licensee, its officers, servants, agents or employees, that may be stolen, destroyed or in any way damaged during the installation, use or maintenance of said encroachment. 9. Licensee shall exercise its privileges under this license at its own risk. Licensee shall indemnify, defend and hold harmless City, its elective and appointive boards, commissions, officers, agents and employees from any costs, claims, damages, injuries, and liability resulting from, arising out of, or in any way connected with, the City's approval of this License and Agreement, or the construction, installation, use or maintenance of said encroachment, the occupation or use of the public areas of said encroachment, both during and after the installation thereof, and including but not limited to any costs, claims, damages, injuries, and liability resulting from the conduct of Licensee or the employees, invitees, guests or agents of Licensee related to said encroachment. 10. The Licensee's attention is directed to Section 7-3, "Liability Insurance", of the Standard Specifications for Public Works Construction, 2006 Edition, providing 3of7 2008-24 EXHIBIT" A" that the Licensee shall furnish the City with policies or certificates of liability insurance prior to execution of this Agreement. All of the Insurance Policies shall name the City of San Bernardino as an additionally insured. The endorsement shall be provided by the agent of the insurance company and shall be notarized to that affect. ACCORD Forms are not acceptable nor forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. Licensee shall maintain minimum limits of insurance no less than: A) General Liability: $1,000,000.00 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this projectJ1ocation. B) Products/Completed Operations: $1,000,000.00 per occurrence and $2,000,000.00 aggregate. C) Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage. D) Employer's Liability: $1,000,000.00 per accident for bodily injury or illness. E) The Licensee's attention is directed to Section 7-4, "Worker's Compensation Insurance", of Standard Specifications for Public Works Construction, 2006 Edition, providing that the Licensee shall file a signed certification Certificate of Worker's Compensation Insurance before start of work under the terms of this Agreement. 4of7 2008-24 EXHIBIT "A" F) The above-referenced Insurance Policies shall remain in effect during the entire term of this Agreement, and shall not be materially altered or canceled until after Licensee has provided thirty (30) days written notice to the City. 11. This license is personal to Licensee. It is nonassignable, except with the prior written consent of the City, and any attempt to assign this license without such consent will terminate the license privileges granted to Licensee under this Agreement. The City shall not unreasonably withhold consent. A reorganization of the Licensee's business entity form, or a transfer of less than one-half of the assets of Licensee, shall not be deemed an assignment for the purposes of this license if the resulting or successor entity shall as a matter of law be liable for Licensee's accrued and future obligations under this Agreement. Licensee shall be entitled to transfer this license to a purchaser of more than one-half of Licensee's interest provided that the purchaser shall be bound by Licensee's accrued and future obligations under this License. 12. Licensee agrees that should any action, whether real or asserted, at law or in equity, arise out of the terms of this Agreement, or by Licensee's operations on the premises, venue for that action shall lie in San Bernardino County, California. 13. Licensee hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin, disability, or any other category prohibited by law. Licensee's hiring practices and employee policies shall comply with all applicable Federal, State and local laws. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading and promotion. 14. The prevailing party in any legal action to enforce or interpret any provision(s) of this Agreement shall be entitled to recover from the losing party all 5of7 2008-24 EXHIBIT "A" attorney's fees, court costs and necessary disbursements in connection with that action. The costs, salary and expenses of the City Attorney and members of his office in connection with that action, shall be considered as attorney's fees for the purposes of this Agreement. III III 60f7 2008-24 EXHIBIT "A" LICENSE AND AGREEMENT for encroachment of SIX (6) overhanging canopies at 360 W. Court Street, San Bernardino, CA 92401. 15. All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Licensee and City: Licensee Mr. Jung Hee Hwang, D.B.A. American Sports University 399 West Court Street San Bernardino, CA 92401 Ph. (909) 889-5555 Fax. (909) 889-3855 City Ms. Valerie C. Ross, Director Development Services Department City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Ph: (909) 384-5357 Fax: (909) 384-5155 IN WITNESS, the parties have executed this Agreement on date first written above. BERNARDINO Fred Approved as to form: James F. Penman City Attorney By~~ AMERICAN SPORTS UNIVERSITY -"L------ ?~ ~ Hee Hwang, Principal 7of7 ,.:" 'itir; ... .,;.,::ff' :.'(' " "", '1'!:i" 'v' 2008-24 ATTACHMENT "}" ~-, Ie l " ,. I " ~ " ~ ~""~~ AFFORDABt E AWNINGS COMPANY of c. \UFORNIA. Inc. 402 Prinu;I,md Court, Units 2-3 Co,,,,,,,, CA 92879 Ph. (951) 372 'J i; :,. Fax (%1) :n2-'): l') Licen',l' /I 014002 2008-24 ATTACHMENT "1" AFFORDM~LE AWNINGS COMPANY or ,.AUFORNIA. Inc. 402 I'rillceland Court, Units 2.3 lorona, CA 92879 Ph. (951) 37~~-'}400. Fax (%1\ :li2.')t19') L".:en~e # 81400l 2008-24 "'N. IN(!';"IA7'O'Nld_ .S,'cR7S ,':;IAiIr{~ .... 11iJ iii C,IIAT $T 5A'I/ 8Uov!.fOI}l(J, CA Cf24/0 " -~--:----==-- ij'll~ / I' I \\\ '~ II I I \ }; I l/f _ L~~ 12.-1."]-07 I, ~= ;~ fl1f: 1 \ \// 'I, II Ir 11 II' I, ""./1 ' I " UL ATTACHMENT "I" I OF / 7& NIP!" f)J'p<,,,:vlC{"C" ..'If..v;~ hP, y I.~vfl..b.' = /1 5:0" P/..AN It-!()'' (LOA-11o^, t;1 .J(;.o '()N!;1"'JD APiJI.DV(~ FAMICr 5-4" 15 '''It "'A . pe'l"'.."f1't ,"~:;17/<. .~ ?~B" I-t"" ~ "7x.~~ ,"; 1 3:0" , --- __"n', 8" ,,~o', MAY. ""t {F' n 1~ ~ -'P GLlttF { II tifT I i$ly/~16r.} Z'tE CLIt' r:ASTE..N(/) 70 T~ 1'1/ IIITIJ. i/f) nr, -;,ctf~ 5-rvuo " rf 'jT"Ull5 ~~.,!." L M laTS@$?'i,{. AWto(I", F"O/lft_ '~(It!ZQ-;'7A<.~_ M- ,,1.7.,,01'1"01_ ,~Ir a - II~E 1S I v h' lof/rA ~~,P.711NJ .l: I. ~ '<<>'''~~.,~ /CS 1 < n It:..J ,07,1 P-/tf.7Ei.S- f41'II~ VPL,f1, !,c(".7Jf ,'1.6=tr,Hf'jF /-It.... ,.Oll.~lt"1'~ ,(?'It:. f-,.- ,r7f/"/.. '/ t:.' {( "'/ ",- 71Y~7.-'. ,//<5, 2,"" ,0 r "\ r..N(!!:R',.. :~ {t?"''c.?+1S~}:():.21/( . ,.~" VfE ?'~"4>y4" Of; /3bt.Tf~?("t,~. V. 'S7/1..~Sr;, CAPfd'iT,/:o.2'i;,vP';/J"" o<iJ. "l , ,- ~ t'T ~ ' ~ .' 'i( >. .:~} .'("; \ . ':.,':- ':- '. .,~.-;,: Ny, C li4,~7 ): ;.:~ c ' ) . II,' +".' \ .....,J ' 'J I, I" ,0 '../ -.L' -.. _ 'f ,',,- ;.'." )' i,-A, . ,) l;f" ,,- .'..J, .. I; ~::: -,' I "._~~ 2008-24 ATTACHMENT "1" AMERICAN SPORTS UNIVERSITY -------- _._~-- ._---------~--_._-_._._----- -- ----------~-_._---_._- _._-----~ 399 North 'D" It Sail Berrard:ro. CA 9240 ~ . (909) 889 . 5555 1909\ 889 - 3855 www_ame"cansportsunl'Jers;tY_COr:1 info ;:-americansportsunivers:ty corr: December 14, 2007 City of San Bernardino 300 N D Street San Bernardino, CA 92418 Re: Request for Encroachment Permit 360 West Court Street, San Bernardino, CA To Whom It May Concern: I am writing this letter to request an encroachment permit for the International Sports Dining located on West Court Street between North "D" Street and Arrowhead Ave, If you can expedite the processing of the permit, I'd greatly appreciate it. Thank you very much and if you have any questions, please feel free to contact me an)time, I can be reached at (213) 321-8900, Sincerely, ..4c .' /<-- '..::....----:rung Hee Hwang "0 , '. NO~. l"'>IiE[{!<(BU' ... ,- MU,[ lL\\IIi,\cCOIOlfIlA€KC ~.,.,f"'~~~ ~~d,~.~~ ACCOUNT NUMBER 918425 DATE PAID 01/16/2008 OWNER, ARM OR CORPORATION BUSINESS K"ME AITENTlO:- MAILING ADDRESS CITY OF SAN BERNARDINO BUSINESS REGISTRATION CERTlnCATE TbiI a..... R...... c.tible ... IIOC ~ tile IIpI openr:iDn otlbil buIinaI . tbillocaion. Other approvaII b,. Olher Chy df:pMmaIU. Neb. ~..n. nay t. NqUiNcL ". en... iI iaIMICl....bout YCibioft thII the canilklle it s~ 10 or -. tom...... bythes-otc.tifantiL IW:lDAI. The..... 0..- iI lWIpOllIiI:M tor tinlly.....nL Nell ~ . reNWIII notice 1W ., !'alOft does not relieve .__AiHt). b -17....... It_ pIill....... 30 days Drlhe eaphlioa dIle...... 5CM pcaIIty will bI~. BUSINESS CLASS: TRADE SCHOOL NOTES: BUSINESS LOCATION: 399 N D ST EXPIRATION DATE 8/3112008 '". :;;'y.:'.s.~~:'>:\ 'f ',~,:",,~.:.' ,';;e. I., -,,: __" ._.~.,.f'" :, :!'.:. .,....: i~~ .- . ;\<'J:?:~I ~ ',' JUNG HEE HWANG AMERICAN SPORTS IDJIVFR~JTY 399 N D ST ",';'d:'!i. , SAN BERNARDINO Cm 92401-1518 . II ~ ~!!I~1L\<<'11~fi'!<<Lt.~, wat..,~ _Ll:~JUJ......1tt~~.~fa~~::"r("':'_~_.l!.i~~ KEEP FORYOllR :=!:ECOADS ACCT NO. 918425 DATE PAlD 01/16/2008 5258 $88.39 PEN $88.39 EEF $35.36 BALANCE <;0.00 i ~ CITY OF SAN 3E:"NAROINO