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Home My WebLink About13-Public Works Date: 11-16-94 - REQUEST FO COUNCIL ACTION File No. 10.05 -I- StT~~t Authorization to Execute License & Su~~t:Agreement - Encroachment of Canopy & Sign into Public Right-of-Way on -H- Street, at 798 W. Inland Ctr. Drive -- Applicant: DVS Industries CI'tY OF SAN BERN~DINO From: ROGER G. HARDGRAVE Dept: Public Works Owner: H Inland Enterprises .ynopsis of Previous Council action: );,ar1 . '''\F~'lCf,. None. L~V 9, 10: 37 ~~ommended motion: Adopt resolution. cc: Shauna Clark Al Boughey Jim Penman Pat Malloy DVS Industries H Inland Enterprises tA S ignatu re :ontact person: Roqer G. Hardqrave Staff Report, Letter, upporting data attached: Resolution. Aqreement Phone: 5025 Ward: 3 UNDING REQUIREMENTS: Amount: NIA Source: (Acct. No.) NIA (Acct. DescriPtion) Finance: ouncil Notes: ..0262 Agenda Item No./j CITY OF SAN BERN~INO - REQUEST FO COUNCIL ACTION STAFF REPORT A request (copy attached) has bepn n~cei.v"d from DVS Industries, on behalf of Big & Tall/Casual Male (Lessee) for approval of an encroachment permit to authorize the installation of a canopy and sign overhanging th" public ri.qht-of-way on "H" Street, adjacent to 798 W. Inland Center Drive. Based on plans submitted by the applicant, the canopy and sign will overhang the public right-of-way approximately 2 fpp.t and will provide 11' u 4" clearance above the adj acp.nt sidewalk. The sign will require sign and building nermits from thp Department of Planning and Building Services. We believe thp canopy and sign overhang will not have any adverse effects on the use of the public right-of-way. A strep.t tree near the proposed canopy is proposed to remain; howp.ver, it may require increased pruning to avoid damage to the canopy. Thp applicant has agreed to Cl.ssume responsibility for the increased pruning. The applicant has paid the prescribed fee of $500.00 to cover administrative processing costs. We recommend that thp rpqupst for encroachment of the canopy and sign be approved. 11-16-94 Attach. 0264 Mr. Gene Klatt ~ CITY OF SAN BERNANDlNO Dl!PARTMI!NT OP PUBUO WORKS 300 North "0" Street Ce5i9" San Bemancllno. CA 92418 RE: BIG & TALUCASUAL MALE 718 Inland Center DrIve s.n Bemadlno, CA 12410 APN #I 01"1.1~ .' 'VB INDU'> I RII <) ~ Neon -- CMr4II.ClIen lIU'NnIIed -.ngs InU_ W~ 5eMCe ~cncurDRM! IUIItINGTON. NJ "'I' 16091116-0100 ~1609"'''1108 c - El..EC:TR~C:AL ADVERTISING DIVISION November 11, 1994 ee. Mr. Klatt: - On October 2otI'I I reooivocl 0 f3xed letter from Mr. John "I/ric... r.ity planner. He had reviewad my plans and indic:8ted that the proposed signs \WUld be permitted provided they facec:I 8 street or parking lot My local sign company then made II sign permit application and was imorme~ I\at tho oido olovotion lM:luld require an ~"'"""t to be permitted. - Please allow this letter along with all neQ88S8ry specification. act as my request for an encroachment application. We have already manufactured this side awning elevation which 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 dnlwings with sign898 attached, along with structural detail or the awning end 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 If. Grand Opening today. Given that this store markets a small customer base, big & tall men, their success is significantly related to the exterior ..~ they utilize at each location. ~ your review if there is any additional information needed, pleeae do not hesitate to call. My toll free telephone number is (800) 776- 7446. Thanking yOU in Idvane8 for yOUr help. , j)", :;'~'N :1",lc. j 6--/:t~7.-SR? I....... ro' .::.... ~ ',...oJ . ~ "- -f' ,---,.'. '-- ,. '--<.'; ,--- - ~~. .-, - - ~ :3 .,?: \.':J( __ P' A ,-.1- "'" . '. ...;/c- J\--1-1'/1ij.....1. "/...-;' J vy >U' <.. - J:..J , _../ I '~.V. '-'\I <.-- .' r" . ~ r.,:"J.'~ '-:; _.~ .- /-- ,. . ~. ? c /,\ -...) 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AND AGREEMENT WITH H INLAND ENTERPRISES 3 RELATING TO ENCROACHMENT OF A CANOPY AND SIGN INTO THE PUBLIC RIGHT-OF-WAY OF "H" STREET AT 798 WEST INLAND CENTER DRIVE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City 8 a License and Agreement with H INLAND ENTERPRISES, relating to 9 encroachment of a canopy and sign into thA public rj.ght-of-way of 10 "H" Street at Inland Center Drive, a copy of which is attached 11 hereto.. marked Exhibit "A" and incorporated herein by reference 12 as fully as though set forth at length. 13 SECTION 2. The agreement shall not take effect until 14 fully signed and executed by all parties. The City shall not be 15 16 17 18 19 20 21 22 23 obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execute the above.. referenced agreenent is rescinded if the parties ~o the agreement fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 / / / / 11-16-94 RESO: AUTHORIZING EXECUTION OF LICENSE AND AGREEMENT WITH H INLAND ,,~~TERPRISES RELATING TO E}"'""'l.OACHMENT OF A CANOPY AND SI~ INTO THE PUBLIC RIGHT-OF-'~f. 1 2 adopted by 3 4 5 6 7 8 I HEREBY CERTIFY that the foregoing resolut:ion was duly the Mayor Bernardino at a day of Council Members: NEGRETE CURLIN HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM 12 MILLER 13 14 15 16 and Common Council of the Ci ty of San meeting thereof, held on the , 1994, by the following vote, to-wit: , 1994. - 2 - NAYS ABSTAIN ABSENT --- AYES Rachel Clark, City Clerk The foregoing resolution is hereby approved this day of 17 18 19 20 21 Approved as to form and legal content: James F. Penman City Attorney 22 \ 23 By 41:~_ {, /; 24 / / " , 25 26 27 28 .', /{:','v,,,-- " Tom Minor, Mayor Ci ty of Sen BArnardino -' /~"'.. '- -- LICENSE AND AGREEMENT THIS LICENSE AND AGREEMENT is made and entered into this _day of 1994, by and between H INLAND ENTERPRISES hereinafter sometimes referred to as "Licensee," and t.he CITY OF SAN BERNARDINO, a Municipal corporation hereafter sometiMes 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 he reby gives permission, revocable and terminable as hereinafter provided, to Licensee to erect, in conformance with existing laws on a certain portion of the Ci~y's public right-of-way for "H" Street:. at 798 W. Inland Center Drive, San Bernardino, California, a canopy and sign at such location and subject to any requirements or conditions as May be imposed by the Director of Public Works/ City Engineer and the Director of Planning and Building Services of ~he City. 2. This permission is given to Licensee as an accommodation to Licensee and shall be rent free. 3. Licensee hereby acknowle~ges 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. EXHIBIT -A- c /, ....) 4. City reserves the right to tp.rrninate the pp.rrni Rsion hereby given at any time by giving Licensee at least thirty (30) days written notice of such termination, except tha~ City may, at its election, terminate said permission forthwith at any tiMe if Licensee shall fail to comply with or abide by each and all of the provisions hereof or keep each and all of the Licensp.e 's promises herein. waiver by City of any breach of any term or provision hereof shall not be deeMed a waiver of any subsequent breach of the same or any other term or provision hereof. 5. Licensee agrees to construct the canopy and sign only with the specific written authorization of the Director of Public Works/City Engineer and at that site as is designated by the Director of Public Works/City Engineer. The canopy and sign 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 maintenance, and upon written notice by City, through its Director of Public Works/City Engineer, 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. Licensee further agrees to erect and maintain the canopy and sign in conformity with all building codes, rules, regulations and guidelines of the City of San Bernardino. Licensee shall at its own responsibility and expense obtain and keep in effect all licenses, bonds and permits necessary for the installation and existence of the canopy and sign. - 2 - ,-. '-' :) 6. Upon termination of this agreement, Licensee agrees to immediately remove the canopy and sign from the public right- of-way and to restore the public right-of-way to its original condition. If Licensee fails to exercise its duties under this paragraph, City shall have the right to remove the canopy ana sign and restore the premises at no cost or liability to the City. Licensee covenants and agrees to reimburse City for such removal and/or restoration. 7. City shall in no way be responsible for loss of or damage to the canopy and sign or for any property belonging to or rented by Licensee, its officers, servants, agents or employees that may be stolen, destroyed or in any way damaged during the erection or maintenance of the canopy and sign, and Licensee indemnifies City, its officers, agents, servants and employees from and against any and all such claims. 8. Licensee shall exercise its privileges under this license at its own risk. Licensee shall indemnify and hold harmless City, its elective and appointive boards, commissions, officers, agents and employees from liability rp.sulting from, arising out of, or in any way connected with, the construction or installation of any structure referenced to in this license, the occupation or use of the public areas of such structure, both during and after the installation thereof, including claims resulting from the conduct of Licensee, its employees, invitees, guests or agents of Licensee, or Licensee I s failure to perform its promises in connection herewith. Licensee shall defend City, its elective and appointive board, commissions, officers, agents and employees from any suits or actions at law or in equity for - 3 - 1''''' '-' r"", -- damages caused, or alleged to have bep.n caused by reason of any of Licensee's operations under this agreement. 9. Licensee agrees to furnish City with a certificate of insurance as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the use, maintenance, existence or location of the canopy and sign. The amounts of that insurance shall be as follows: Property damage, per occurrence $1,000,000 CSL Personal injury or death, p~r occurrence $1,000,000 CSL wi th the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at City's option and Licensee will so revise such amounts within ~ days following notice to Licensee of those requirements. 10. This license is personal to Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee under this agreement. 11. Licensee agrees that should any action, whether real or asserted, at law or in equity, rise 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. 12. In any action brought by City for the enforcement of the obligations of Licensee, in which City prevails, City shall be entitled to recover interest and reasonable attorney's fees. - 4 - .~ '-' '-"" AGREEMENT: CANOPY AND SIGN IN THE PUBLIC RIGHT-OF-WAY OF "H" STREET, AT 798 W. INLAND CENTER DRIVE. IN WITNESS, the parties have executed this agreement on the day of , 1994. Torn Minor, Mayor CITY OF SAN BERNARDINO ATTEST: City Clerk H INLAND ENTERPRISES Approved as to form and legal content: Licensee James F. Penman City Attorney /) B . I A" -;. (.>"71-~ Y ',yzet>""" l... ,~ // I . '..../ - 5 -