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.. File 10.05-MacKay St.
CI1'Y OF SAN BERNARDINO - REQUEST FnR COUNCIL ACTION
From:
EC'O "OWil"':eGf.~uthorization to Execute an En-
ROGER G. HARDGRAVE R .~R ~ . croachment License Agreement with
I" /"" \10" lOR 101M '0: ~ntury Homes - Construction of
Pub ~c Works Eng~neer~ngL~ ftf ~. Mronument Sign in median on MacKay
Street, east of "E" Street
Dept:
Date:
3-27-89
Synopsis of Previous Council action:
02-20-89 --- Request to construct monument sign in street median
granted and City Attorney directed to prepare
standard form License Agreement.
Recommended motion:
Adopt resolution.
cc: Jim Robbins
Jim Richardson
Jim Penman
Supporting data attached:
Gene Klatt
Staff Report, Resolution,
A.qr,:.pmpn+:, Tn~nrrln~p.
Phone:
5125
3
Contact person:
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
SOurce: (Acct. No.!
(Acct. DescriDtionl
Finance:
Council Notas:
75.0262
Agenda Item No
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CITY ~F SAN BERNSritDINO
,
- REQUEST FdR COUNCIL ACTION
STAFF REPORT
At the. meeting of 2-20-89, the request by Century
Homes for an encroachment permit to authorize installation of
a pre-cast concrete monument in the curbed median in MacKay
Street, east of . "E" Street, was approved. Century Homes
requested permission. to install a sign in order to identify
the commercial complex on MacKay Street and "0" Street.
This request was
sign being responsible
continuing maintenance.
approved subject to the owner of the
for landscaping the median, and
The City Attorney's office has prepared the proposed
Agreement (License for Encroachment) as directed at the
Council meeting of 2-20-89.
Century Homes has signed the Agreement and submitted
proof of insurance.
We recommend that the agreement be approved.
3-27-89
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN ENCROACHMENT LICENSE AGREEMENT WITH CENTURY HOMES
3 . RELATING TO CONSTRUCTION OF A MONUMENT SIGN IN MEDIAN ON MACKAY
STREET, EAST OF "E" STREET.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6
The Mayor of the City of San Bernardino is
SECTION 1.
7 hereby authorized and directed to execute on behalf of said City
8 an Encroachment License Agreement with Century Homes relating to
9 construction of a monument sign in the median on MacKay Street,
10 east of "E" Street, a copy of which is attached hereto; marked
11 Exhibit "A" and incorporated herein by reference as fully as
12 though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution. was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a meeting thereof, held on the
16 day of , 1989, by the following vote, to wit:
17 AYES: Council Members
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19
20
21
NAYS:
ABSENT:
22 City Clerk
23 / / / /
24 / / / /
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27 / / / /
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February 24, 1989
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RESOLUTION . . . AUTHORIZING THE EXECUTION
LICENSE AGR~NT WITH CENTURY HOMES .
EAST OF "E" ~ET. .
OF AN ENCROACHMENT
ON MACKAY STREET,
1
2
day
The foregoing resolution is hereby approved this
of
, 1989.
3
4
5
Evlyn Wilcox, Mayor
City of San Bernardino
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7
Approved as to
form and Legal Content:
8
9
JAMES F. PENMAN,
City Attorney
yO~bJ
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February 24, 1989
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EXHIBIT "A"
AGREEMENT
(License for Encroachment)
This AGREEMENT is entered in to this
, 1989, by and between
BERNARDINO, a municipal corporation, referred
CENTURY HOMES, referred to as "Licensee".
day of .
the CITY OF SAN
to as "City", and
City and Licensee agree as follows:
1. Reci tala.
(a) Licensee has requested permission from City for
the encroachment of a monument sign in the median on MacKay
Street, east of "E" Street.
(b) City is willing to grant permission to Licensee
for said construction and 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 construct and install a monument sign thirteen (13) feet-six
(6) inches in length and four (4) feet-three (3) inches in height
with the legend Fairway Commerce Center as depicted on a drawing
on file in the office of the Director of Public Works/City
Engineer of the City of San Bernardino, in the median in MacKay
Street, east of "E" Street. .
3. Construction/ Installation. Licensee agrees to
construct and install the monument sign 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 constructing,
installing and maintaining the sign.
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 structure, 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, liability insurance in the amount of
$1,000,000, to protect against liability resulting from,arising
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March 30, 1989
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out of, or in any way connected with" the, construction,
installation and maintenance of the structure installed hereunder
by Licensee or any of its officers, contractors, agents or
employees. City shall be set out as additional named insured in
such policy. Licensee shall provide to City's Risk, Management
Division proof of such insurance, before execution of this
agreement 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 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'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
be in writing and delivered in person or
postage prepaid, addressed as follows:
to, this agreement shall
sent by certified mail,
AS TO CITY:
AS TO LICENSEE:
Century Homes
6867 Airport Dr., Bldg. 100
Riverside, CA 92504
ATTENTION:
Michael L. Seat,
Project Manager
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.
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
ATTENTION:
Real Property Division
'12. Amendment. This agreement may be amended or modified
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March 30, 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.
15. Maintenance. Licensee agrees to maintain the
monument sign, which is the subject of this agreement, in good
repair at all times. In addition, the Licensee has the
responsibility of maintaining the landscaping in the median.
16. Free of Liens. Licensee shall payor cause to be paid
all costs of construction and/or installation of the sign
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 mater~als for said construction/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.
19. Termination. Either party may terminate this
agreement at any time by giving the other party at least thirty
(30) days written notice of termination.
This permiSSion is not exclusive to
have the privilege only of occupying
right-of-way as City shall from time
20. Condition of Property Upon Surrender. Upon
termination of this agreement, Licensee agrees for itself, 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 sign upon demand of, and without expense to,
City. If Licensee shall fail to do so, City shall have the right
to remove the sign 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
thereunder are set aside through Court action or otherwise, all
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March 6, 1989
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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
CENTURY HOMES
By:~7-L-~
chael L. Seat, .
Project Manager
Approved as to form
and legal content:
JAMES F. PENMAN,
Ci ty Attorney'
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March 6, 1989
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THis '5 NOT AN INSURANCE POLICY.;'" "5 ONLY A VERIFICATION OF INsURANCE. IT DOEs
COVERAGE PROVIDED BY THE POllC,h<1STED BELOW. .
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INTERIM CERTIFICATE AS TO EVIDENCE OF INSURANCE
"IN ANY WAY AMEND. EXTEND OR ALTER THE
Namttd
Insured
Address
JOHN PAVELAK CONSTRUCTION COMPANY
DBA: CENTURY HOMES OF SOUTHERN CALIFORNIA
6867 AIRPORT DRIVE, BLDG. 100
RIVERSIDE, CALIFORNIA 92504
14Rl ~Q '17
Policy' . Gen. Llab.
Agent
Policy" Auto Llab.
Policy" CARGO
This is '0 certify ,hot policies for Ihe above named insured ore in force os follows:
Policy" Work Compo
This Interim Certificate As To Evi~ence of Insurance shall expire sixty days from 11- 01 .\M.,
MARCH 13 , 1989 ,unless cancelled prior to such dote by written notice to the nomed insured.
!;].. Please Issue a Permanent Certificate
COVERAGE COMBINED LIMITS Of LIABILITY
COYEIID CO~W.D AUTO
LIABILITY
0 ~ Owned Bodily Injury $ ,000 each person .
0 Hired $ ,000 each occurrence
0 Non-Owned Property Damage $ ,000 each occurrence
g Employer's Non-Ownership
Contingent Liability
Single limit Liability for Coverages checked IXI above $ ,000 each occurrence
GINDAL L1AIILITY Bodily Injury $
M&C - OLT ,000 each person . .
{ Owners & Contractors $ ,000 each occurrence
bJ 0 Contractual. $ 000 annual aggregate
Elevators $ . products ...
Property Damage ,000 each occurrence
g 0 Products and I or $ 000 annual aggreQCIt.
Completed Operations ' .productl...
Single limit liability for Coverages checked !XI above $ 1. 000 ,000 each occurrence
$ 1,000 000 onnual oggregate
, products...
0 0 CAIlGQ $ ,000 each vehicle
$ ,000 each occurrence
0 0 WOIKIIS' Statutory
COMPINSATlON
. Includes Goods or Products Warrant , Written Lease ot Premises, Eosement reement, Munici ,I Ordinanc,
y ~ ~
Agreement, Sidetrack Agreement, Elevator or Escalator Maintenance Agreement only, unless accom~nied b
specific endorsement providing additional Contractual Coverage.
O DescrIbed 0 OtIt.etiplion
below wo.ved
YEAR, MAKE, TYPE Of BODY, LOAD CAPACITY . '. ' IDENTifiCATION NU_.
OWNED
AUTO-
MOBilES,
IF
COVERED
LAST S
DIGIT!
SHOW~
Umbrella liability
$
$
$
,000 retained limit
each occurrence
aggregate
POlICY NUMBER
If this Interim Certificate As To Evidence Of Insurance is to be cancelled prior to the expiration' date, we shall
prov.ide 30 days advance notice in writing to whom this certificate is issued.
RE: MONUMENT SIGN MEDIAN MACKAY ST. EAST OF "E" STREET, SAN BDNO.. CA.
Certificate issued to:
.
SAN BERNARDINO CITY HALL
300 NORTH "E" STREET, 924401
P.O. BOX 710, 92402
SAN BERNARDINO, CALIFORNIA
ATTN: CITY ATTORNEY MS.
.. Not Applicable in Texa~. ZIMMERMANN
... In Texas the oggregal. also ~pplies 10 owners and contractors protective, contractual and/or compl.ted operations.
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And
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Countersigned
,( t1<#~1
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