HomeMy WebLinkAbout19- Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael E. Hays, Director Subject: Resolution Authorizing Execution of
License Agreement with California State University
San Bernardino for Installation of a Campus Event
Dept: Development Services Posting Monument Sign in the median of
University Parkway !1�
File Nos. 10.05 "U" ORIGINAL
Date: February 3, 1999 MCC Date: February 15, 1999
Synopsis of Previous Council action:
02-01-1999 Approved in concept the request to install a Campus Event Posting
Monument Sign in the median of University Parkway and direct the City
Attorney to prepare a License Agreement
Recommended motion:
Adopt Resolution.
Michael E. Hay
Contact person: Michael Grubbs Phone: 384-5179
Supporting data attached: Staff Report ward(s): 5
FUNDING REQUIREMENTS: None Amount: N/A
Source:
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.��
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Resolution Authorizing Execution of License Agreement with California
State University San Bernardino for Installation of a Campus Event
Posting Monument Sign in the median of University Parkway
BACKGROUND:
California State University San Bernardino has requested permission to install a
campus event posting monument sign in the median of University Parkway just south of
Northpark Boulevard.
The Mayor and Common Council considered the request at its regular meeting of
February 1, 1999, approved the project in concept, and directed the City Attorney to
prepare a license agreement.
The license agreement has been prepared and is attached hereto together with a
resolution authorizing the Mayor to execute the agreement on behalf of the City. The
agreement sets forth certain conditions, which were approved in the previous council
action, that must be met prior to installation of the campus event sign.
FINANCIAL IMPACT:
The applicant has paid the standard $500.00 fee to cover the cost of process this type
of request. The applicant is responsible all cost in constructing and maintaining the
sign; therefore, there will be no financial impact to the City.
RECOMMENDATION:
Adopt Resolution
Attachments: Resolution
Agreement
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Exhibit "D"
Campus Event Monument Sign for CSUSB
MCC Meeting of February 1, 1999
CONDITIO LI CALIFORNIA APPROVAL
STATEFOR
UNN SIGN FOR
UNIVERSITY SAN BERNARD NO
1. Applicant shall be responsible for maintenance of Campus Event Monument Sign
and shall repair or replace sign, if damaged or defaced, within one week of notice
from the City.
2. Changeable message sign copy shall be subject to the review and approval of the
Director of Development Services.
3. Applicant shall be responsible for all costs of installing and maintaining the sign. A
public works construction permit shall be obtained from the public works division
prior to start of work installing the sign.
4. Exact placement of the sign shall be subject to the approval of the City Traffic
Engineer based on field conditions.
5. Concrete walkways shall be constructed from the curb to the sign for maintenance
pathways, so a to avoid excessive wear on the existing landscaping.
6. Applicant shall repair or replace any landscaping or irrigation damaged during
construction, maintenance or operation of the sign.
7. During maintenance or changing of sign copy, applicant shall comply with all
requirements of the "Work Area Traffic Control' (WATCH) manual and directives of
the City Traffic Engineer.
8. If th
sign is found to interfere with present or future use of the public right-of-way,
then e it shall be p promptly
emo ed orr relocatedby the appl cant upon notice by the
City.
9. Applicant shall indemnify and hold harmless the City from liability resulting from the
sign.
10.Applicant shall provide proof of public liability insurance in an amount specified by
the City Attorney. Such insurance shall be maintained for the entire period of the
agreement.
11.The applicant may terminate the license agreement at any time upon delivery of
written notice to the City.
12 Upon
the public termination of the
right-of-way the affected area restored shall promptly
to is orig
e original
condition.
Exhibit "E"
OOH
I RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR TO EXECUTE A LICENSE AGREEMENT WITH CALIFORNIA STATE
3 UNIVERSITY SAN BERNARDINO FOR INSTALLATION OF A CAMPUS EVENT
POSTING MONUMENT SIGN IN THE MEDIAN OF UNIVERSITY PARKWAY.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
7 to execute on behalf of said City a License Agreement with California State University San
8 Bernardino for installation of a Campus Event Posting Monument Sign in the median of University
9 Parkway, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by
10 reference as fully as though set forth at length.
I I SECTION 2. The License Agreement shall not take effect until fully signed and executed
12 by all parties. The City shall not be obligated hereunder unless and until the License Agreement is
13 fully executed and no oral agreement relating thereto shall be implied or authorized.
14 SECTION 3. The authorization to execute the above-referenced Agreement is rescinded if
15 the parties to the Agreement fail to execute it within sixty(60) days of the passage of this Resolution.
16
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HE js[CALSTATE.RES] I F6m" 'R,1999
I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO
EXECUTE A LICENSE AGREEMENT WITH CALIFORNIA STATE UNIVERSITY SAN
2 BERNARDINO FOR INSTALLATION OF A CAMPUS EVENT POSTING MONUMENT
SIGN IN THE MEDIAN OF UNIVERSITY PARKWAY.
3
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4
Common Council of the City of San Bernardino at a meeting thereof, held on the
5
_day of , 1999, by the following vote, to-wit:
6
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7
ESTRADA
8
LIEN
9
McGINNIS
10
SCHNETZ
11
DEVLIN
12
ANDERSON
13
MILLER
14
15
16 City Clerk
17
The foregoing Resolution is hereby approved this_day of , 1999.
18
19
20 Judith Valles, Mayor
City of San Bernardino
21
Approved as to form
22 and legal content:
23 JAMES F. PENMAN,
City Attorney
24 1
25 By: "
26
27
28
HCjs[CALSTATE.RES] 2 Ftbrusn 8,1999
1 LICENSE AND AGREEMENT
2
THIS LICENSE AND AGREEMENT is made and entered into this_day of_, 1999
3
by and between California State University San Bernardino, a California State University, hereinafter
4
referred to as "Licensee" and the CITY OF SAN BERNARDINO, a municipal corporation, hereafter
5
referred to as "City".
6
WITNESSETH
7
For and in consideration of the mutual promises and covenants herein contained, the parties
8
hereto do hereby agree as follows:
9
1. City hereby gives permission, revocable and terminable as hereinafter provided, to
10
Licensee to erect and install in conformance with existing laws on a certain portion of City property
11
located in the median of University Parkway just south of Northpark Boulevard, San Bernardino,
12
California, a Campus Event Posting Monument Sign at such location and subject to any requirements
13
or conditions as may be imposed by the Mayor and Common Council, the Director of Development
14
Services and the City Engineer, including the maps, diagrams, and list of conditions attached as
15
Exhibits B through E, and incorporated herein by reference.
16
2. This permission is given to Licensee as an accommodation to Licensee and shall be
17
rent free, however, the Licensee shall pay a five hundred dollar($500) administrative fee to the City
18
and obtain a Public Works permit prior to the installation of any sign.
19
3. Licensee hereby acknowledges the title and paramount interest of the City property
20
and agrees never to assail or resist said title or interest and to observe present or future set-back
21
requirements relating thereto.
22
4. City reserves the right to terminate the permission hereby given at any time by giving
23
Licensee at least thirty (30) days written notice of such termination except that City may at its
24
election terminate said permission forthwith at any time if Licensee shall fail to comply with or abide
25
by each and all of the provisions hereof or keep each and all of the Licensee's promises herein.
26
Waiver by City of any breach of any term or provision hereof shall not be deemed a waiver of any
27
subsequent breach of the same or any other term or provision hereof.
28
HE dn1CALSTATE.LICj 1
EXHIBIT "A"
1 5. Licensee agrees to construct the subject sign only with specific written authorization
2 of the Director of Development Services and the City Engineer. The subject sign shall be maintained
3 at all times in a safe, neat, sightly and good physical condition. City shall be the sole judge of the
4 quality of maintenance, and upon written notice by City, through its Director of Development
5 Services or City Engineer, stating in general terms how and in what manner the maintenance is
6 required, Licensee shall be required to perform such required maintenance. If Licensee fails to do so,
7 then City shall have the right to perform this maintenance, the cost of which shall be borne by
8 Licensee. Licensee further agrees to erect and maintain the subject sign in conformity with all
9 building codes, ordinances, regulations and guidelines of the City of San Bernardino. Licensee shall
10 at its own responsibility and expense obtain and keep in effect all licenses, bonds and permits
I 1 necessary for the installation and existence of the subject sign.
12 6. Upon termination of this Agreement, Licensee agrees to immediately remove the
13 subject sign from City property and restore the property to its original condition. If Licensee fails to
14 exercise its duties under this paragraph, City shall have the right to remove the subject sign and
15 restore the premises at no cost or liability to the City. Licensee covenants and agrees to reimburse
16 City for such removal and /or restoration.
17 7. City shall in no way be responsible for loss of or damage to the subject sign or for any
18 property belonging to or rented by Licensee, its officers, servants, agents or employees that may be
19 stolen, destroyed or in any way damaged during the erection or maintenance of the sign and Licensee
20 shall defend, indemnify and hold hamrless City, its officers, agents, servants and employees from and
21 against any and all such claims.
22 8. Licensee shall exercise its privileges under this License at its own risk. Licensee shall
23 indemnify, defend and hold harmless City, its officers, agents and employees from all claims or causes
24 of action, whether for property damage, death or personal injury, resulting from, arising out of, or
25 in any way connected with, the construction, installation, maintenance, or removal of any structure
26 referenced in this Agreement, the occupation or use of the public areas of such structure, both during
27 and after the installation thereof, including claims or causes of action resulting from the conduct of
28 HI
HE'dn'ICALSTATE.LICj 2
EXHIBIT "A"
I Licensee, its employees, invitees, guests, or agents, or from Licensee's acts or omissions to act under
2 this Agreement.
3 9. Licensee agrees to furnish City with a certificate of insurance as proof that it has
4 secured and paid for a policy of public liability insurance covering all public risks related to the
5 installation and removal, use, maintenance, existence or location of the subject signs. The amounts
6 of that insurance shall be as follows:
7 Property damage, per occurrence $1.000.000 CSL
8 Personal injury or death, per occurrence $1.000.000 CSL
9 with the understanding of and agreement by Licensee that such insurance amounts shall be revised
10 upward at City's option and Licensee will so revise such amounts within thirty(30) days following
11 notice to Licensee of those requirements.
12 10. This License is personal to Licensee. It is nonassignable, and any attempt to assign
13 this License will terminate the License privileges granted to Licensee under this Agreement.
14 11. Licensee agrees that should any action, whether real or asserted, at law or in
15 equity, arise out of the terms of this Agreement, or by Licensee's operations on the premises, venue
16 for that action shall lie in San Bernardino County, California.
17 12. In any action brought by any party for the enforcement of this Agreement, the
18 prevailing party shall be entitled to recover reasonable attorney's fees, court costs, and necessary
19 disbursements. The costs, salary, and expenses of the City Attorney, and members of his office, in
20 connection with that action, shall be considered as attorney's fees for the purposes of this Agreement.
21
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HE dn,tCALSTATE.LICj 3
EXHIBIT "A"
I AGREEMENT: Campus Event Posting Monument Sign in Median of University Parkway
2 IN WITNESS,the parties have executed this agreement on the day of of
3 1999.
4
5 Judith Valles, Mayor
CITY OF SAN BERNARDINO
6
7 ATTEST:
8
9 City Clerk
10 CALIFORNIA STATE UNIVERSITY
SAN BERNARDINO, A CALIFORNIA
1 I STATE UNIVERSITY
Licensee
12
13
By
14 David DeMauro
Vice President of Administration and Finance
15
Attest:
16
17
18
Approved as to form
19 and legal content:
20 JAMES F. PENMAN
City Attorney
21
22 BY
23
24
25
26
27
28
HE M,[CALSTATE.LICI 4
EXHIBIT "A"
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Exhibit "D"
Campus Event Monument Sign for CSUSB
MCC Meeting of February 1, 1999
CONDITIO CAL TORN IA STATE EVENT MONUMENT SIGN FOR
SAN BERNARD NO
1. Applicant shall be responsible for maintenance of Campus Event Monument Sign
and shall repair or replace sign, if damaged or defaced, within one week of notice
from the City.
2. Changeable message sign copy shall be subject to the review and approval of the
Director of Development Services.
3. Applicant shall be responsible coon shall be obtaineld maintaining the
works division sign.
public works construction permit
prior to start of work installing the sign.
4. Exact placement of the sign shall be subject to the approval of the City Traffic
Engineer based on field conditions.
5. Concrete walkways shall be constructed from the curb to the sign for maintenance
pathways, so a to avoid excessive wear on the existing landscaping.
6. Applicant shall repair or replace any landscaping or irrigation damaged during
construction, maintenance or operation of the sign.
7. During maintenance or changing of sign copy, applicant shall comply with all
requirements of the "Work Area Traffic Control" (WATCH) manual and directives of
the City Traffic Engineer.
6. If the sign is found to tl interfere by the applicant upolncnot ceoby the
then it shall be promptly removed or relocated
City.
9. Applicant shall indemnify and hold harmless the City from liability resulting from the
sign. by
10.he(City Attorney. Such insurance bshall b'e maintained for the aen�retperiod lofthe
agreement.
11.The applicant may terminate the license agreement at any time upon delivery of
written notice to the City.
12 removed termination
from the public right-of-waylland the affected agreement, shall promptly
ares estor d to is orig
r original
condition.
Exhibit "E"
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R A C H E L C L A R Km m m a `m ❑ 2^ E
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February 19, 1999 ; a s a m N
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U E 7 r m ° > r� N d o
Mr. David DeMauro z In ~ m m m CL O
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Vice President of Administration and Financ E s .N 'a u m a r m `m
5500 University Parkway A E m a w Q w o
San Bernardino, CA 92405 ; g C� °< 0 El m m
Nag,
At the Mayor and Common Council meetin€ s> .ed
Resolution No. 1999-28 authorizing and dit s m ate
University San Bernardino for installation c - s 82 In of
University Parkway. m sm C a
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ray
Enclosed are one (1) original license and a v .E s a < ase
obtain signatures where indicated and return Sox
1318, San Bernardino, CA 92402 as soon
I), a final
agreement for your files. Said agreement a A m c= a 5 2 m :ity
Attorney.Please be advised that said resolution will C IQ
sixty (60) days of the passage of this Resot a :mhin
E E m c N M :his
office no later than April 14, 1999. if y i's 9< �a < y ¢ X a Isie
Alvarez at (909) 384-5002. 6 6
EOpis BWQAOS OLD u0 p8231dwoO a
S�3 Wt IN �noR el
Sincerely, ——
Rachel Clark
City Clerk
Enclosures
F . O . S O X 1 2 1 9 S A N O E R N A R D I N O . C A 9 2 4 0 2
3 0 0 N O R T II D S T R E C T . S A N B E N N A R O 1 N D
C A 1 1 F O R N I A 9 2 4 1 8 - 0 0 0 1 1 0 2 ) 2 0 4 - 5 0 0 2
( 9 0 A ) 2 A X . 5 1 0 2 F A X - ( 0 0 9 ) 2 9 4 . 5 1 5 9
T D D I T T Y -(9 0 A) 2 A 4 - S S A 0
CALIFORNIA STATE UNIVERSITY
SAN BERNARDINO ,
5500 University Parkway,San Bernardino,CA 92407-2397
March 8, 1999
Ms. Rachel Clark
OFFICE City Clerk
OF THE City of San Bernardino
VICE PRESIDENT P.O. Box 1318
FOR San Bernardino, CA 92402
ADMINISTRATION Dear Ms. Clark:
AND FINANCE
As requested in your correspondence dated February 19, 1999, I have signed and am
909/880-5130 enclosing the original license and agreement for installation of a campus event
posting monument sign in the median of University Parkway.
We at CSUSB appreciate the continued cooperative working relationship between the
City of San Bernardino and the University.
Sincerely,
i6,u�zj
David DeMauro
Vice President for
Administration and Finance
Enclosure
The California State University
Bakersfield•Chien•Dominguez Hills•Fullerton•Fresno I Hayward I Humboldt•rang Beach I Los Angeles•Maritime Academy I Monterey Bay•Northridge
Pomona I Sacramento•San Bernardino I San Diego•San Jose I San Luis Obispo•San Marine•Sonoma•Stanislaw,
/'x the foundation
FOR THE CALIFORNIA STATE UNIVERSITY. SAN BERNARDINO
i
'99 MAR 11 A 9 ;08
March 10, 1999
Ms. Rachel Clark
City Clerk
City of San Bernardino
P. O. Box 1318
San Bernardino, CA 92402
Dear Ms. Clark:
FOUNDATION As requested in your letter dated February 19, 1999, enclosed is a copy of the
OFFICE insurance certificate required for the license and agreement for installation of a
campus event posting monument sign in the median of University Parkway.
(909(880-5918
The current insurance certificate covers our fiscal period ending June 30, 1999,
however, it will be renewed annually as necessary for the life of the agreement.
If there is any other information required, please do not hesitate to contact me.
Sincerely,
Arthur M. Butler
Executive Director
AB/ag
Enclosure
5500 UNIVERSITY PARKWAY,SAN BERNARDINO,CALIFORNIA 92407-2397