HomeMy WebLinkAbout31-Public Works
CITY OF SAN BERt....RDINOAEQUEST ~ jR CC;~~Clr'AC~ION
Date: September 19, 1989
Su~ect: Resolution Authorizing the execution of
a sign lease agreement with: Gannett
Outdoor Co.. for the sign located on the
property at the confluence of 4th Street
and 5th Street
From:ROGER G. HARDGRAVE, Director
Dept: Public Works/Engineering
Synopsis of Previous Council action:
NONE
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Recommended motion:
Adopt Resolution
cc:
/T' ~
Marsha 11 Jul ian, Ci ty Admi ni stra tor / ' / .' /
Jim Richardson, Deputy City Administrator/Development! ~ .(G. .'"
. I Igna ure
James Penman, Clty Attorney
Andrew Green, Director of Finance
Anne DeBolt
Phone:
5328
Contact person:
Staff Report, Resolution, Map, Lease Ward:
Supporting data attached:
1
FUNDING REQUIREMENTS:
None
Amount:
Source: (Acct. No.)
N/A
(Acct. Description)
N/A
Finance:
Council Notes:
09/19/89
75-0262
Agenda I tem No.
3/
CITY OF SAN BERti .RDINO - REQUEST I .JR COUNCIL ACTION
STAFF REPORT
The Ci ty of San Bernardi no acqui red the subject property December 19, 1978 for park
purposes. Gannett Outdoor is paying rent to the City under a lease dating back to
1964 between Pacific Outdoor (previous owner of the sign company) and the previous
owner of the property. The City does not have a current lease with Gannett Outdoor.
Gannett Outdoor, at this time is paying the City of San Bernardino a monthly rent of
$100.00. The Lease to be executed raises this monthly rental amount to $200.00 per
month. The Lease also provides for annual C.P.I. adjustments based on the Los
Angeles/Long Beach All Urban Consumer Price Index.
The term of the Lease is one year, commencing with the execution of the Lease. The
Lease shall renew itself each year unless either party notifies the other of their
wish to terminate the agreement as provided in Paragraph 18 of the attached agreement.
As the property was purchased for park purposes, at such time as the Ci ty deci des to
use the property for a park, the Ci ty may termi na te the Lease wi th 30 days wri tten
notice to the Lessee.
09/19/89
75-0264
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FILE NO.: 15.06-130
CITY OF SAN BERNARDINO
LEASE FO~: S IG~l PURPOSES
LOCATION: EAST OF THE MOST WESTERLY CORNER OF THE CONFLUENCE OF 4TH ST. ~ 5TH ST,
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09/18/89
RESOLUTI ON NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A SIGN LEASE WITH GANNETT OUTDOOR CO., INC., RELATING TO CERTAIN REAL
PROPERTY SITUATED AT THE CONFLUENCE OF 4TH STREET AND 5TH STREET.
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 Bernardi no is hereby
authorized and directed to execute on behalf of said City, a Lease relating
to certain real property located at the confluence of 4th Street and 5th
Street, a copy of which is attached hereto, marked Exhibit II All 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 0 f
, 1989, by the following vote, to wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoi ng reso 1 uti on is hereby approved thi s
day of
19_.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content
James F. Penman
Ci ty~ Atorney ..)
by: /. /~ l r:::/Lv.....-.,
/
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LEASE AGREEMENT - SIGN LEASE NO. 15.06-134
This Lease is made as of this
day of
. 1989. by and
.between the CITY OF SAN BERNARDINO. a municipal corporation. hereinafter
referred to as "Lessor" and GANNETT OUTDOOR CO.. INC.. a California
corporation. hereinafter referred to as "Lessee".
Recitals
This Lease is made and entered into with respect to the following
facts:
A. Lessor is the owner of the property herein described.
B. Lessee desires to lease this property from Lessor. and Lessor is
willing to lease the property to Lessee upon the terms and
conditions hereinafter set forth.
NOW. THEREFORE. the parties hereby agree as follows:
1. Property.
Lessor hereby leases unto Lessee and Lessee hereby leases from Lessor.
a strip of land 25 feet wide and 75 feet long. located approximately 176
feet Easterly of the most Westerly corner of the vacant property located at
the confluence of Fourth Street and Fifth Street in the City of San
Bernardino. California. said vacant property being legally described as:
That portion of Lots 16 and 17 of Block 24. Rancho
San Bernardino. as per plat recorded in Book 7 of
Maps. Page 2. records of said County. described as
follows:
Beginning at the intersection of the North line of
Foothill Boulevard. as the same was located September
1. 1931 and the Southerly line of the 100 foot right
of way as was deeded to the State of California by
Lucy Vaughn and R. W. Martz. by deed recorded
February 27. 1930. in Book 592. Page 234. Official
Records; thence East along the North line of Foothill
Boul evard. a di stance of 630 feet to the Southeast
corner of said Lot 17; thence North 230 531 18" West.
a di stance of 370.40 feet to the Southerly 1 i ne of
Fi fth Street extensi on; thence Southwesterl y along
the Southerly 1 i ne of Fifth Street extensi on to the
1
1 Point of Beginning.
2 The property is outlined in red on Exhibit "A" attached hereto and
3 i ncorpora ted herei n.
4 2. Use Restrictions.
5 A. Lessee shall have the right to use the leased property for the
6 purpose of erecting, installing and maintaining an advertising
7 sign thereon, and for no other purposes. The term "sign" as used
8 herein shall designate the plural number if there is more than one
9 sign or sign face and all supporting appurtenances, such as
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supporting structures, illumination facilities and connections,
pi pe and wi re 1 i nes and other appurtenances required to servi ce
the sign.
B. Lessee shall not allow the property to be used for any other
purpose including any unlawful purposes.
C. Lessee agrees that all advertisements exhibited on said sign
shall be of a reputable character, satisfactory to the Lessor.
3. Rent.
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A. Lessee shall pay the Lessor Two Hundred Dollars ($200.00) per
month, payable on or before the first day of each month. If the
commencement date occurs after the first day of the month, then a
prora ted amount sha 11 be paid on the commencement da te for the
partial first month.
B. All rents shall be sent to the Lessor at the following address:
CITY OF SAN BERNARDINO
FINANCE DEPARTMENT
300 NORTH "0" STREET
SAN BERNARDINO, CA 92418
SIGN LEASE NO. 15.06-134
C. The Lease number shall be indicated at the bottom of the monthly
rent check as "Sign Lease No. 15.06-134".
2
1 D. The amount of the rent herein shall be increased after each
2 twelve (12) month period by the annual percentage increase of the
3 Los Angeles/Long Beach All Urban Consumer Price Index.
4 4. Term.
5 The term of this agreement shall be for a period of one year.
6 commenci ng upon executi on of thi s agreement. Thi s agreement shall renew
7 itself thereafter from year to year. unless either party notifies the
8 other. in writing. of termination as provided in Paragraph 18 of this
9 agreement.
10 5. Maintenance.
11 A. Lessee has the responsibility of maintaining an area of not less
12 than twenty-five (25) feet around each sign board. Lessee shall
13 keep said area free and clear of weeds and other debris.
14 B. Lessee shall. at its own expense. maintain the signboards and
15 supports pl aced on the herei nabove descri bed property. in good
16 order. condition and repair.
17 C. Lessee shall. at its own expense. maintain the signboards and
18 supports placed on the herei nabove descri bed property. free from
19 all forms of graffiti.
20 6. Ownership.
21 Lessee acknowledges Lessor's title. paramount interest and ownership
22 of the subject property. and Lessee agrees never to challenge or contest
23 said title. ownership or interest of Lessor.
24 7. Assignment.
25 No assignment or sub-lease of the subject property. or any portion
26 thereof. shall be binding upon the Lessor without the prior written consent
27 of the Lessor in each instance. Lessor shall not unreasonably withhold its
28 consent.
3
1 8. Encumbrances.
2 Lessee shall payor cause to be paid all costs of construction and/or
3 installation of the sign referred to above and all utilities used in
4 connection with said sign. Lessee shall keep the property free and clear
5 of any and a 11 cl aims ari si ng out of performance of work, furni shi ng of
6 materials and use of utilities.
7 9. Permits and Fees.
8 Lessee shall obtain all necessary permits and pay all license fees,
9 assessments,taxes,penalties or fines which may be levied against said sign.
10 10. Rules and Regulations.
11 Lessee shall observe all rules, regulations, codes and enactments of
12 the Lessor and all applicable statutes of the State of California in
13 constructing, installing and maintaining said sign.
14 11. Ri ght to Enter.
15 Lessor shall at all times have the right to enter upon the property.
16 12. Amendment.
17 This agreement may be amended or modified only by written agreement
18 signed by both parties.
19 13. Liability Insurance.
20 Lessee agrees to procure and maintain in force during the term of
21 this agreement and any extension, at its expense, public liability
22 insurance in compani es and through brokers approved by Lessor through its
23 Risk Manager, adequate to protect against liability resulting from, arising
24 out of, or in any way connected with, the construction, installation and
25 maintenance of the sign in a minimum amount of at least ONE MILLION DOLLARS
26 ($1,000,000.00) combined single limit. Lessee shall provide to Lessor's
27 Risk Management Division, a policy of insurance which includes:
28 A. The City of San Bernardino as an additional named insured;
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1 B. The insurance company name, policy number, period of coverage and
2 the amount of insurance;
3 C. Condition that Lessor be given notice, in writing, at least
4 thirty (30) days prior to cancellation, material change or
5 refusal to renew policy; and
6 D. Condition that Lessee's insurance will be primary to any coverage
7 that Lessor may have in effect.
8 14. Indemnification.
9 Lessee shall exercise its privileges under this Lease at its own risk.
10 Lessee shall indemnify and hold harmless Lessor, its elective and
11 appointive boards, commissions, officers, agents and employees from
12 liability resulting from, arising out of, or in any way connected with, the
13 construction, installation and maintenance of said signs, or with the
14 occupation of the property, including claims resulting from the conduct of
15 Lessee, its employees, invi tees, guests or agents of Lessee, or Lessee's
16 failure to perform its promises in connection herewith. Lessee shall
17 defend Lessor, its el ecti ve and appoi nti ve boards, commi ssions, offi cers,
18 agents and employees from any suits or actions at law or in equity for
19 damages caused, or alleged to have been caused, by reason of any of
20 Lessee's operations under this agreement. City shall not be liable to
21 Lessee if Lessee IS occupa ti on or use of the property is hi ndered or
22 disturbed, or if signboards or supports placed on hereinabove described
23 property are damaged in any way, or if said si gnboards or supports are
24 destroyed.
25 15. Recordation.
26 Lessor shall have thi s Lease recorded in the Offi ce of the County
27 Recorder, San Bernardino County, State of California, together with the
28 appropriate Resolution of the Governing Body of Lessor.
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1 16. Notices.
2 All notices herein required shall be in writing and delivered in
3 person or sent by certified mail, postage prepaid, addressed as follows:
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LESSOR:
CITY OF SAN BERNARDINO
Real Property Section
300 North "D" Street
San Bernardino, CA 92418
(714) 384-5111
LESSEE:
GANNETT OUTDOOR CO., INC.
1731 Workman Street
Los Angeles, CA 90031
(213) 222-7171
8 17. Lease Number.
9
Lessee, at Lessee's expense, shall paint Lessor's Lease Number,
10 assigned to this Lease, in numbers not less than four inches (4") in
11 height, and in a color contrasting to its background, in the lower area
12 (East side of sign) at least four feet (41) above ground, on the sign or
13 its supports in a location readily visible from 4th Street.
14 18. Termination.
15 Either party may terminate this agreement at any time by giving the
16 other party at least thirty (30) days written notice of termination.
17 19. Condition of Property Upon Surrender.
18 Upon termi na ti on of thi s agreement, Lessee agrees to surrender the
19 portion of said property occupied under the Lease herein granted, in as
20 good condition as same was at the time of Lessee1s original entry, and to
21 remove the sign upon demand of, and without expense to, Lessor. If Lessee
22 fails to do so, Lessor shall have the right to remove the sign at the
23 expense of Lessee, who sha 11 pay the amount of the expense to Lessor on
24 demand. Lessor may elect to take possession of and appropriate to itself
25 without payment any property of Lessee, or anyone claiming under Lessee,
26 which Lessee fails to remove after notice.
27 20. Severability.
28 I nth e eve n t t his a g r e e men t, 0 ran y po r t ion the reo f . s h 0 u 1 d be
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1 determined to be void, illegal or improper, for any reason whatever, all
2 other portions of the agreement shall remain fully enforceable to the
3 extend possible after such determinations.
4 21. Complete Agreement/Lease.
5 This document represents the total and complete agreement and no other
6 written and/or oral agreements exist in this regard.
7 IIIII
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1 IN WITNESS WHEREOF, the parties hereto have executed this agreement on
2 the date first above written.
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8 ATTEST:
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DATED:
Ci ty Clerk
DATED:
,
.~. - 2\) - SC;'
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Approved as to form
and legal content:
JAt~ES F. PENMAN,
City Attorney
By: Ua~ }fc~
o
LESSOR: CITY OF SAN BERNARDINO
By:
LESSEE: GANNETT OUTDOOR CO., INC.
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FILE NO.: 15.06-130
CITY OF SAN BERNARDINO
LEASE FO~: S IG'l PURPOSES
LOCATION: EAST OF THE MOST WESTERLY CORNER OF THE CONFLUE~CE OF 4TH ST. ~ 5TH ST.
1
ORDINANCE NO.
City Attorney
DRAFT
2
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
19.60.0810 THROUGH 19.60.0814 OF THE SAN BERNARDINO MUNICIPAL
CODE AND REQUIRING AN ANNUAL SIGN CODE INSPECTION STICKER AND
INVENTORY PROGRAM.
3
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6
SECTION 1.
Sections 19.60.0810 through 19.60.0814 are
7 added to the San Bernardino Municipal Code to read as follows:
8 "19.60.0810 ANNUAL INSPECTION STICKER REQUIRED
9
Every person, firm or corporation owning any legally
10 permitted sign in the City of San Bernardino shall obtain for
11 each sign an Annual Sign Code Inspection Sticker issued by the
12 Director of Building and Safety, unless specifically waived by
13 the Mayor and Common Council. A sticker is required for each on-
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premises and off-premises sign except temporary signs.
This
15 sticker is applicable to one sign at one location only and is
16 transferable to a new owner or lessee of that sign.
17 "19.60.0811 APPLICATION AND FEES
18 A. An application for an Annual Sign Code Inspection
19 Sticker shall be submitted by the owner of a legally permitted
20 sign or his agent to the Director of Building and Safety. Such
21 application shall include, but not be limited to, a description
22 of the sign, size, message, and location.
23
B.
The initial Annual Sign Code Inspection Sticker fee
24 for all existing signs shall be due and payable on January 1,
25 1990: and for any new sign erected after that date, shall be due
26 and payable on the date the sign is erected. Renewal fees for an
27 Annual Sign Code Inspection sticker shall be due and payable on
28
HE/dys
October 12, 1989
1
City Attorney 3 (
DRAFT
1 January 1st of each calendar year and shall be in an amount
2 determined in accordance with the fee schedule established by
3 resolution of the Mayor and Common Council and filed in the
4
office of the City Clerk.
Each Annual Sign Code Inspection
5 Sticker fee not paid wi thin thirty (30) days of the date due
6 shall be considered de1iquent and shall be twice the amount
7 specified.
8
"19.60.0812
ILLEGAL SIGNS
9 The issuance of any sign permit or Annual Sign Code
10 Inspection Sticker pursuant to this chapter does not allow any
11 person, firm, or corporation to erect or maintain any sign in
12 violation of any City ordinance or any State or Federal law.
13
"19.60.0813
INVENTORY
14 Within six (6) months from the date of adoption of Section
15 19.60.0810, the City shall commence a program to inventory and
16 identify illegal or abandoned signs within its jurisdiction.
17
"19.60.0814
INSPECTION
18 Any sign for which an Annual Sign Code Inspection Sticker
19 is required shall be subject to inspection by the Building and
20
Safety Director.
The Building and Safety Director, or his
21 designees are hereby authorized to enter upon any property or
22 premises to ascertain whether the provisions of this Code are
23 being obeyed. Such entrance shall be made during business hours
24
unless an emergency exists.
A sign owner shall provide all
25 necessary access and equipment to the City's employees for the
26 purpose of conducting the required inspection."
27 I HEREBY CERTIFY that the foregoing ordinance was duly
28
HE/dys
October 12, 1989
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1 ORDINANCE...ADDING SECTIONS 19.60.0810 THROUGH 19.60.0814 OF THE
SAN BERNARDINO MUNICIPAL CODE AND REQUIRING AN ANNUAL SIGN CODE
2 INSPECTION STICKER AND INVENTORY PROGRAM.
3
4 adopted by the Mayor and Common Council of the City of San
5
6
Bernardino at a
meeting thereof, held
on
the
, 1989, by the following vote, to wit:
day of
AYES:
Council Members
7
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NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1989.
W. R. Holcomb, Mayor
City of San Bernardino
19
Approved as to form
and legal content:
20
JAMES F. PENMAN,
21 City Attorney
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By:
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HE/dys
October 12, 1989
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