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CITY OF SAN BERM &RDINO - REQUEST . 3R COUNCIL ACTION
File 10.05 "D" St.
Authorization to Execute License
From: ROGER G. HARDGRAVE Subject: & Agreement - Encroachment of
Handicap Ramp @ 290 North "D"
Dept: Public Works Street
Date: 5-5-93
Synopsis of Previous Council action:
03-22-93 - Request for permission to construct a handicap ramp
within the City sidewalk area, at 290 North "D" Street,
approved in principle and City Attorney directed to
prepare the standard form License Agreement.
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Jim Penman
L,5i(fnA&re
Contact person: Roger G. Hardgrave Phone: 5025
Staff Report,
Supporting data attached: Agreement & Resolution Ward: 1
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No._4�
CITY OF SAN SERB" ',RDINO - REQUEST ' IR COUNCIL ACTION
STAFF REPORT
At the Council meeting of 3-22-93, the request by D. M.
Bergerson, Inc. for approval of an encroachment permit to
authorize the construction of a handicap ramp at 290 North "D"
Street, was approved in principle.
The proposed License and Agreement provides, in general,
that the applicant may construct a handicap ramp, subject to the
specific written authorization of the Director of Public
Works/City Engineer. The ramp is to be maintained in good
condition. Permission for construction of this ramp may be
terminated by the City by giving 30 days written notice.
The applicant has paid the prescribed $500. 00 administra-
tive fee to cover processing costs.
We recommend that License and Agreement be approved.
5-5-93
75-0264
4
I RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAL] BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AND AGREEMENT WITH FIRST INTERSTATE BANK
3 RELATING TO CONSTRUCTION OF A HANDICAP RAMP AT 290 NORTH "D"
STREET.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, a License and Agreement with the First Interstate Bank
9 relating to construction of a handicap ramp within the public
10 sidewalk at 290 North "D" Street, a copy of which is attached
11 hereto, marked Exhibit "A" and incorporated herein by reference
12 as fully as though set forth at length.
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5-5-93
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HANDICAP RAMP AT 290 NORTH "D" STREET.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of 1993 , by the following vote, to-wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
13
14
Rachel Clark, City Clerk
15
The foregoing resolution is hereby approved this
16
day of 1993.
17
18
W. R. Holcomb, Mayor
19 City of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
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- 2 -
LICENSE AND AGREEMENT
THIS LICENSE AND AGREEMENT is made and entered into this _
day of , 19_, by and between
FIRST INTERSTATE BANK
hereinafter sometimes referred to as "Licensee" , and the CITY OF
SAN BERNARDINO, a municipal corporation, hereinafter sometimes
referred to as "City" .
WITNESSETH•
For and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1 . City hereby gives permission, revocable and terminable as
hereinafter provided, to Licensee to erect, in conformance with
existing laws on a certain portion of the public sidewalk located
at 290 North "D" Street, San Bernardino, California, a handicap
ramp at such location and subject to any requirements or conditions
as may be imposed by the Director of Public Works/City Engineer and
the Director of the Planning and Building Services of the City.
2 . This permission is given to Licensee as an accommodation
to Licensee and shall be rent free.
3 . Licensee hereby acknowledges the title and paramount
interest of City to the sidewalk and agrees never to assail or
resist said title or interest and to observe present or future set-
back requirements relating thereto.
4 . City reserves the right to terminate the permission hereby
FLF/a([Licwse.17 1 EXHIBIT "A"
given at any time by giving Licensee at least thirty (30) days
written notice of such termination, except that City may, at its
election, terminate said permission forthwith at any time if
Licensee shall fail to comply with or abide by each and all of the
provisions hereof or keep each and all of the Licensee's promises
herein. Waiver by City of any breach of any term or provision
hereof shall not be deemed a waiver of any subsequent breach of the
same or any other term or provision hereof .
5 . Licensee agrees to construct the handicap ramp only with
the specific written authorization of the Director of Public
Works/City Engineer and at that site as is designated by the
Director of Public Works/City Engineer. The handicap ramp shall be
maintained at all times in a safe, neat, sightly and good physical
condition. Licensor shall be the sole judge of the quality of
maintenance, and upon written notice by licensor, through its
Director of Public Works/City Engineer, stating in general terms
how and in what manner the maintenance is required, licensee shall
be required to perform such required maintenance. If licensee
fails to do so, then licensor shall have the right to perform this
maintenance, the cost of which shall be borne by licensee.
Licensee further agrees to erect and maintain the handicap ramp in
conformity with all building codes, rules, regulations and
guidelines of the City of San Bernardino. Licensee shall at its
own responsibility and expense obtain and keep in effect all
licenses, bonds and permits necessary for the installation and
existence of the handicap ramp.
FLRMLCLicense.t] 2
6 . Upon termination of this agreement, licensee agrees to
immediately remove the handicap ramp from the premises and to
restore the site to its original condition. If licensee fails to
exercise its duties under this paragraph, licensor shall have the
right to remove the handicap ramp and restore the premises at no
cost or liability to the city. Licensee covenants and agrees to
reimburse licensor for such removal and/or restoration.
7 . Licensor shall in no way be responsible for loss of or
damage to the handicap ramp or for any property belonging to or
rented by licensee, its officers, servants, agents or employees
that may be stolen, destroyed or in any way damaged during the
erection or maintenance of the handicap ramp, and licensee
indemnifies licensor, its officers, agents, servants and employees
from and against any and all such claims .
8. Licensee agrees to indemnify and defend licensor, its
officers, agents, servants and employees against any claims or
suits for property loss or damage and/or personal injury, including
death, to any persons, of any character, whether real or asserted,
arising out of or in connection with the existence, maintenance,
use, or in connection with the existence, maintenance, use , or
location of the handicap ramp whether or not caused, in whole or in
part, by alleged negligence of officers, agents, servants,
employees, contractors, subcontractors, licensees or invitees of
licensor; and licensee assumes all liability and responsibility of
licensor, its officers, agents, servants and employees for those
suits or claims . Licensee shall likewise indemnify licensor for
FLR/a LCLicense.1] 3
any injury or damage to the premises, whether arising out of or in
connection with any acts or omissions of licensee, its officers,
agents, employees, contractors, subcontractors, licensees, invitees
or trespassers, or caused in whole or in part by alleged negligence
of officers agents, servants, employees, contractors,
subcontractors, licensees or invitees of licensor.
9 . Licensee agrees to furnish licensor with a certificate of
insurance as proof that it has secured and paid for a policy of
public liability insurance covering all public risks related to the
use, maintenance, existence or location of the handicap ramp. The
amounts of that insurance shall be as follows:
Property damage, per occurrence $ 1, 000,000 CSL
Personal injury or death, per occurrence $ 1,000, 000 CSL
with the understanding of and agreement by licensee that such
insurance amounts shall be revised upward at licensor' s option and
licensee will so revise such amounts within 30 days following
notice to licensee of those requirements.
10. This license is personal to licensee. It is
nonassignable and any attempt to assign this license wil terminate
the license privileges granted to licensee under this agreement.
11 . Licensee agrees that should any action, whether real or
asserted, at law or in equity, rise out of the terms of this
agreement, or by licensee's operations on the premises, venue for
that action shall lie in San Bernardino County, California.
FLRML[License.1] 4
O 4
12 . In any action brought by licensor for the enforcement of
the obligations of licensee, licensor shall be entitled to recover
interest and reasonable attorney's fees .
In witness, the parties have executed this agreement
19
W.R. Holcomb, Mayor
City of San Bernardino
Licensee
Approved as to
form and legal content:
Aes F. Pe�
City Attorney
FLR/a L[License.11 5