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HomeMy WebLinkAbout1988-330 ~ ~ ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-330 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE FOR CENTRAL CITY ASSOCIATES TO CONSTRUCT AN IMPROVED FACADE WITHIN THE PUBLIC AREA ON THE SOUTH SIDE AND EAST ENTRANCE OF THE CENTRAL CITY MALL BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, an Agreement with Central City Associates granting a license for the construction of an improved facade within the public areas along the south side and east entrance of the Central City Mall. A copy of the Agreement is attached hereto as Exhibit 1 and incorporated herein by this reference as fully as though set forth at length. SECTION 2. The Agreement shall not take effect until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the Agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. / / / / / / / / / / / / / / / / / / / / / JFW:ss July 29, 1988 1 ~ -" RESO: AUTHORIZING THE EXECUTION OF A LICENSE FOR CENTRAL CITY ASSOCIATES TO CONSTRUCT AN IMPROVED FACADE WITHIN THE PUBLIC AREA ON THE SOUTH SIDE AND EAST ENTRANCE OF THE CENTRAL CITY MALL 1 2 I HEREBY CERTIFY that the foregoing resolution was duly 3 adopted by the Mayor and Common Council of the City of San 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 5 of Bernardino, at a 6 7 8 9 day of August AYES: regular meeting held on the 15th day , 19~& by the following vote, to wit: Council Members Reilly, Flores, Maudsley, Min~r, Pope-Ludlam, Miller NAYS: None ABSENT: The Auqust Approved as to form and legal content: -; Ie Attorney JFW:ss July 29, 1988 Council Member Estrada J_,~~~ Ci ty -tlerk approved this / t, (1/ 2 A G R E E MEN T (License for Encroachment) THIS AGREEMENT is ~ .ltd- BERNARDINO, fa municipal entered in to this ~~~___day of , 1988, by and between the CITY OF SAN corporation, referred to as "City", and CENTRAL CITY COMPANY, a joint venture between CTC Company, a California partnership, and Central City Associates, a partnership, referred to as "Licensee". City and Licensee agree as follows: 1. Recitals. (a) Licensee has requested permission from City to construct an improved facade on the south side of the Central City Mall, east and west of the King's Table Restaurant. (b) Ci ty is willing to grant permission to Licensee for said construction to the extent to which such permission may be given by City, upon the conditions set forth in this agreement. 2. License Granted. City grants to Licensee permission to construct an improved facade along the entire southern side of the Central City Mall, except the area immediately adjacent to the King's Table Restaurant; said facade shall consist of frames around the windows and decorative columns and planters. The encroachment shall extend two feet, six inches (2' 6") into the public sidewalk area, except in the area of the main entrance, where such encroachment shall not exceed fifteen feet (15') into JFW:ss July 29, 1988 1 'v ~4 the public right of way all as specifically described in the drawings entitled "Encroachment Plan" on file in the office of the Director of Public Works/City Engineer, a copy of which is attached hereto marked Exhi bi t "A" and made a part hereof as though fully set out at this point. Licensee is further hereby granted a license for the installation of a lettering reading "Central City Mall Entrance" on the east facing facade of the Central City Mall. Each letter shall be no more than twenty inches (20") in height wi th the width proportional thereto, nor extend more than eight inches (8") from the face of the facade. The license granted herein is subject to any conditions as shall hereafter be imposed by the City Engineer or the Director of the Building and Safety Department of City. 3 . Construction. Licensee agrees to construct the improved facade in accordance with the drawings entitled "Encroachment Plan", "Exterior Facade Enhancement" and /i.AJt"'41J c c:... "Maini;8Lal.~5 Enhancement", on file in the office of the Director of Public Works/City Engineer. No alterations or changes in the drawings shall be made without first receiving written approval of the Director of Public Works/City Engineer. 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 or maintaining the facade. / / / JFW:ss July 29, 1988 2 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 the City in all reasonable requests for revision of the encroaching facade 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 companies and through brokers approved by City, through its Risk Manager, adequate to protect against liability resulting from, arising out of, or in any way connected with, the construction and maintenance of the facade constructed hereunder by Licensee or any of its officers, contractors, agents or employees, in a minimum amount of at least $1,000,000 combined single limit. Licensee shall provide to City's Risk Management Division a policy of insurance which includes: (a) The City of San Bernardino as an additional named insured; (b) The insurance company name, policy number, period of coverage and the amount of insurance; (c) Condition that the City Clerk of the City of San Bernardino must be given notice in writing at least 30 days prior to cancellation, material change or refusal to renew the policy; / / / JFW:ss July 29, 1988 3 (d) Condition that Licensee's insurance will be primary to any coverage the City of San Bernardino may have in effect. 7. Title of Property. Licensee acknowledges the title and paramount interest of City to the public areas surrounding the Central City Mall, and agrees never to assail or resist City's title or interest therein. 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 of any structures referenced in this license, the occupation or use of the public areas of such structures, both during and after the construction and 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. City shall not be liable to Licensee if Licensee's occupation or use of the JFW:ss July 29, 1988 4 property is hindered or disturbed. 9. Waiver. Waiver by City of any breach of any provision of this license does not waive any subsequent breach of the same or any other provision. 10. Notice. All notices relating to this agreement/license shall be in writing and delivered in person or sent by certified 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 Central City Company 295 Central City Mall San Bernardino, Ca 92401 11. Assignment. No assignment of this license 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 license/agreement may be amended or modified only by written agreement, signed by both parties. 13. Term. The term of this license/agreement shall be for a period of 30 (thirty) years, commencing on August 18, 1988. This license/agreement will renew itself thereafter from year to year, unless either party notifies the other, in writing, of termination at least fifteen (15) days before the expiration of any such year. 14. Consideration. Licensee shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as consideration for the issuance JFW:ss July 29, 1988 5 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first above written. ATTEST: ~1/}i~/~b City Clerk . BY: Evl CENTRAL CITY COMPANY, a joint venture BY: BY: General Approved as to form and legal co ent: BY: Central City Assoc~'ates, a California p'rtners p I ~~.._;!~ . BY: 8 JFW:ss July 29, 1988 of this license/agreement. 15. Maintenance. Licensee agrees to maintain the structures, which are the subject of this license/agreement 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 facade and improvements 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 construction and installation. 17. Possessory Interest. Licensee recognizes and understands that this license/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. Conflict with Central City Mall. Ci ty does not warrant or make any representation concerning its full control over the Central City Mall and surrounding public areas. City is lessee of such property by lease from the Redevelopment Agency of the City of San Bernardino; in addition, City is a signatory with numerous other parties to a reciprocal easement agreement, covering the Central City Mall. The existence of each of these documents is called to the attention of Licensee. Each is a public record, duly recorded. In the event any other party to either the lease or the agreement claims or has any rights to or JFW:ss July 29, 1988 6 \ W'>j' ""';;'l~ l'l!\'i..,8P:A""'''~\ \11 Cl :1 ~WII I I nl~'1 "ij!nrr l~tll~""O,l'c ,"I ,,,1'1 'i'lIpl ! i!j it P q/ I " 1INI"I;;>t\! 1;11 Hii L t I · pi! :1 I to; I I I i II I II 'ro · 'iO ii'" :."O! 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"'~~1'M1 . gIO....101 !~~~ I ROY , KROll' ASSOCIATE""" ~ ~o P\aYW'Qo ~C<x>dnaIIcn \,\ 1211 II. ~... Mil CI.'."'.lIt. CA "1" .,....62$-!l6M mrn .. . " ~ '~~[ .~~~ r~~~~. ~~~:f:,~~~ i:~~.'~r~~:t;~ ~'~~fr:. ~~ 1:,:' ',' /;'f~; t: :~'i~:.~' \ -~ () m Z ~ / () / ~ / ~- " Vs: J~,f~...,..'.."~ F ~ l! C/) . ~~ I r-~-u/- ~ ~ / o z ---@-- ~. ~. 52 m ~~ Z () ~~ 0 ;;V -~ 0 S~ I I )> '<<~ () ;;;s: I !!1m s: SI>~ m ~~ ~2"",.,1 Z \!!~ 0 -I a~ -0 ~ $."I,'.",/t s: Z (.'I'.I<#2i.. vIe'.,>>. i~. I '~i ----1- . ". u___j fr4t:I'.4;,' I i I I -++- I I I I I -0----: I " )> r: I ! I ! ! i j I (.U I i I~I =::~~ rIImIru] ~~l/ilafl@B ~aaw IMl@BB SouIll IlnatlOtl Encroachment rIon Central City Company Mc:..-.a,.... "~~n.1 . (1,4)..... \ , C I T Y o F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM TO: SHAUNA CLARK City Clerk FROM: JOHN F. WILSON Sr. Deputy City Attorney DATE: October 21, 1988 RE: Agreements with Central City Associates, et ale License for Encroachment Agreement dated August 22, 1988 (Resolution No. 88-330); and, Financial Participation Agreement dated August 22, 1988 (Resolution No. 88-331) * * * * * * * * * * * * * * Attached hereto is a letter from Central City Company indicating that the designation for "Central City Associates" was inadvertently shown in the above-referenced agreements as "as joint venture", rather than "a partnership". As requested in their letter of October 7, I have corrected the face page of each Agreement (attached) and have reviewed the documentation. You will note that Mr. Barlow has executed the corrected signature page for each Agreement, as it is this office's opinion that a new Resolution to correct the designation is not needed. Please have the corrected pages inserted into the original and copies, after execution by the Mayor and yourself, returning an executed copy to Salvatore F. Catalano, CSM, General Manager, Central City Company, 295 Central City Mall, San Bernardino, CA 92401. If 384 J S questions in this regard, please contact me at you. Attorney s {JJ.J \ } CENTRAL CITY COMPANY 295 CENTRAL CITY MALL . SAN BERNARDINO, CA 92401 . TELEPHONE (714) 884-0106 October 7, 1988 Mr. John Wilson City Attorney's Office 300 North "0" street San Bernardino, CA 92418 Dear John: We have discovered that Central City Associates was inadvertently shown in the License for Encroachment Agreement dated August 22, 1988 (Resolution #88-330) and the Financial Participation Agreement dated August 22, 1988 (Resolution #88-331) as a joint venture instead of a partnership. I have enclosed three (3) copies of the signature page for each agreement which have been corrected and executed. The face page of each agreement needs to be corrected also. I would appreciate it if you would have the City re-execute these pages and send me one of each with original signatures and one each of the corrected face page. Please call me if you have any questions. Yours truly, ~ Salvatore F. Catalano, CSM General Manager SFC:rlt Enclosures DEVELOPERS, OWNERS AND OPERATORS OF CENTRAL CITY MALL