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FileRP .88-76
CITY OF SAN BERNARDINO - REQUEST FI)R COUNCIL ACTION
From:
ROGER G. HARDGRAVE flEe'c. _lDMIMluaji,Et:
Public Works/Engineeri~9 ~R I 0 I~~ \Q: \ 0
3-27-89
Authorization to Execute an
Encroachment License Agreement
with Pure Bred Auto Brokers, Inc.
-- Installation of Wrought Iron
Fence and Lighting Fixtures
333 South Waterman Avenue ~ '
Dapt:
Data:
Synopsis of Previous Council action:
02-20-89 -- Authorization to encroach into street right-of-way
granted and City Attorney directed to prepare
standard form License Agreement.
Recommended motion:
Adopt resolution.
cc: Jim Robbins
Jim Richardson
Jim Penman
Contact person: Gene R. Klatt
Staff Report,
Supporting data attached: Res,", 111-10; ,",n. AqreF!mF!nt-
Phone:
5125
1
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No,)
(Acct. Descriotion)
Finance:
Council Notes:
75.0262
Agenda Item No
30
- CITY OF SAN BERWRDINO - REQUEST~OR COUNCIL ACTION
STAFF REPORT
On February 20, 1989, the Mayor and Common Council
considered the request submitted by Pure Bred Auto Brokers,
Inc. to improve their display area as the result of enforce-
ment efforts of the More Attractive Community Committee.
The applicant requested permission to install improve-
ments within the City's right-of-way consisting of a wrought
iron fence and ornamental street lights. These encroachments
will be installed up to a maximum distance of 3 feet wi thin
the street right-of-way. The request to encroach was based
upon a desire to avoid removing a portion of the concrete slab
constructed for displaying cars.
The City Attorney's office has prepared the resolution
and the license agreement as directed. The owner has signed
the agreement, but has not yet submitted proof of insurance to
the Risk Management Department. This insurance is a
requirement of the agreement.
We recommend that the agreement be approved. The
agreement will not be released to the applicant until the
prescribed insurance verification is submitted.
3-27-89
75.0264
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN ENCROACHMENT LICENSE AGREEMENT WITH PURE BRED
3 AUTO BROKERS, INC. RELATING TO INSTALLATION OF A WROUGHT IRON
FENCE AND LIGHTING FIXTURES WITHIN PUBLIC RIGHT-OF-WAY AT 333 S.
4 WATERMAN AVENUE.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS~
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SECTION 1.
The Mayor of the City of San Bernardino is
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. hereby authorized and directed to execute on behalf of said City
an Encroachment License Agreement with Pure Bred Auto Brokers, .
Inc. relating to installation of a five-foot wrought iron fence
and five (5) ornamental lighting fixtures within the public
right-of-way at 333 South Waterman Avenue, a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1989, by the following vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
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February 23, 1989
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RESOLUTION . . . AUTHORIZING THE EXECUTION OF AN ENCROACHMENT
LICENSE AGREE1"""l-lT WITH PURE BRED AUTO BR ~RS, INC. RELATING '
TO iNSTAiLAT~ OF A WROUGHT IRON FENCE . . . AT 333 S. WATERMAN
AVENUE.
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of
The foregoing resolution is hereby approved this
, 1989.
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Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: .~7.f~
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PZ/dys
February 23, 1989
day
Evlyn Wilcox, Mayor
City of San Bernardino
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EXHIBIT "A"
A G R E E MEN T
(License for Encroachment)
This AGREEMENT is entered in to this day of
, 1989, by and between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City", and
PURE BRED AUTO BROKERS, INC., referred to as "Licensee".
City and Licensee agree as follows:
1. Reci tals.
(a) Licensee has requested permission from City for
the encroachment of a five-foot wrought iron fence and five (5)
ornamental lighting fixtures into the street right-of-way at 333
South Waterman Avenue.
(b) City is willing to grant permission to Licensee
for said installation to the extent to which such permission may
be given by City, upon the conditions set forth in this
agreement.
2. License Granted. Ci ty grants permission to Licensee
to install a five-foot wrought iron fence and five (5)
ornamental lighting fixtures, three (3) feet into the street
right-of-way on real property located at 333 South Waterman
Avenue, San Bernardino, California, as depicted on a drawing on
file in the office of the Director of Public Works/City Engineer
of the City of San Bernardino.
3. Construction/Installation. Licensee agrees to
construct and install the fence and lighting fixtures in
accordance with the drawing on file. No alterations or changes
from said drawing shall be made without first receiving written
approval from the City of San Bernardino.
4. Rules and Regulations. Licensee shall observe all
rules, regulations, ordinances and enactments of City and all
applicable statutes of the State of California in installing and
maintaining the fence and lighting fixtures.
5. Relocation. Should City ever determine a need to make
public improvements in the area covered by this agreement, or
shall otherwise require modification or removal of the
encroaching structures, Licensee agrees to cooperate with all
reasonable requests of the City as necessary to accommodate the
City's needs.
6. Liability Insurance. Licensee agrees to procure and
maintain in force during the term of this agreement and any
extension, at its expense, public liability insurance in the
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March 29, 1989
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amount of $100;000 to protect against liability resulting from,
arising out of, or in any way connected with, the construction,
instal~ation and maintenance of the structures installed
hereunder by Licensee or any of its officers, contractors, agents
or employees. The City shall be an additional named insured in
such Policy. Licensee shall provide to City's Risk Management
Division proof of such insurance, prior to execution by City.
7. Title of Property. Licensee acknowledges the title and
paramount interest of City to the public right-of-way, and
agrees never to contest said title or interest. Licensee shall
not obtain any prescriptive rights hereunder.
8. Indemnification. 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 resulting from, arising out of, or in any way connected
with" the installation of any structures referenced to in this
license, the occupation or use of the public areas of such
structures, 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's
failure to perform its promises in connection herewith. Licensee
shall defend City, its elective and appointive boards,
commissions, officers, agents and employees from any suits or
actions at law or in equity for damages caused, or alleged to
have been caused, by reason of any of Licensee's operations under
this agreement.
9. Waiver. Waiver by City of any breach of any provision
of this agreement does not waive any subsequent breach of the
same or any other provision.
10. Notice. All notices relating to this agreement shall
be in writing and delivered in person or sent by oertified mail,
postage prepaid, addressed as follows:
AS TO CITY:
AS TO LICENSEE:
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
ATTENTION:
Real Property Division
Pure Bred Auto Brokers, Inc.
333 South Waterman Avenue
San Bernardino, Ca 92401
ATTENTION:
Harry J. Iesberts
, 11. Assignment. No assignment of this agreement by
Licensee, its successors, legal representatives or assigns, or
any subsequent assignee, shall be binding upon City without the
prior written consent of City in each instance. City shall not
unreasonably withhold its consent.
12. Amendment. This agreement may be amended or modified
only by written agreement, signed by both parties.
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March 29, 1989
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13. Term. The term of this agreement shall be for a
period of l1fl(ten) years, commencing upon execution of this
agreement. This agreement will renew itself thereafter from year
to year, unless either party notifies the other, in writing, of
termination as provided in Paragraph 19 of this agreement.
14. Consideration. Licensee shall pay to City the sum of
FIVE HUNDRED DOLLARS ($500.00) as consideration for the issuance
of this agreement.
IS'. Maintenance. Licensee agrees to maintain the wrought
iron fence and ornamental lighting fixtures, which are the
subject of this sgreement in good repair at all times.
16. Free of Liens. Licensee shall payor cause to be paid
all costs of construction and/or installation of the fence,and
lighting fixtures referred to above and shall keep the property
free and clear of any and all claims arising out of the
performance of work or furnishing of materials for said
installation.
17. Possessory Interest. Licensee recognizes and
understands that this agreement may create a possessory interest
subject to property taxation and that Licensee may be subject to
the payment of property taxes levied on such interest., Licensee
agrees to and shall hold harmless the City from any and all
liability for any such taxes.
18. Nonexclusive.
Licensee. Licensee shall
such portion of the street
to time designate.
This permission is not exclusive to
have the privilege only of occupying
right-of-way as City shall from time
19.
agreement
(30) days
Termination. Either party may terminate this
at any time by giving the other party at least thirty
written notice of termination.
20. Condition of Property Upon Surrender.' Upon
termination of this agreement, Licensee agrees fori tself , its
successors and its assigns to surrender the portion of said
property occupied under the license herein granted, in as good
condition as same was at the time of Licensee's original entry,
and to remove the fence and lighting fixtures upon demand of, and
without expense to, City. If Licensee shall fail to do so, City
shall have the right to remove all structures at the expense of
Licensee, who shall pay the amount of the expense to City on
demand. City may elect to take possession of and appropriate to
itself without payment any property of Licensee, or anyone
claiming under Licensee, which Licensee fails to remove after
notice.
21. Severability. In the event this agreement, or any
portion thereof, should be determined to be void, illegal or
improper, for any reason whatever, or Licensee's rights
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March 29, 1989
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thereunder are set aside through Court action or otherwise, all
other portions of the agreement shall remain fully enforceable to
the extent possible after such determinations.
22. Complete Agreement/License. This document represents
the total and complete agreement regarding License for
Encroachment, and no other written and/or oral agreements exist
in this regard.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first above written.
ATTEST:
CITY OF SAN BERNARDINO
City Clerk
Evlyn Wilcox, Mayor
BROKERS, INC.
~~
IESBERT
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: ~ri~
U
PZ/dys
February 27, 1989
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