HomeMy WebLinkAbout23- Public Works CITY OF SAN BERM ZDINO REQUEST F( i COUNCIL ACTION
File No 10.05-H St
Authorization to Execute License
From: ROGER G. HARDGRAVE Subject: & Agreement - Encroachment of
Monument Sign into City's Sewer
Dept: Public Works Easement at Northwest Corner of
Hallmark Parkway and University Pkwy.
Date: 3-17-94 Applicant: Donco & Sons, Inc.
Owner: Arco Products Co.
Synopsis of Previous Council action:
None.
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Al Boughey
Jim Penman
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Contact person: Roger G. Hardqrave Phone: 5025
Staff Report,
Supporting data attached: Agreement & Resolution Ward: 6
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No 93
CITY OF SAN BERN/ -1DINO - REQUEST P I COUNCIL ACTION
STAFF REPORT
A request has been received from Donco & Sons, Inc. , on
behalf of Arco, for approval of an encroachment permit to
authorize the relocation of an existing monument sign into a City
sewer easement located at the northwest corner of Hallmark
Parkway and University Parkway.
Attached are copies of the requesting letter dated March
15, 1994 , from Donco & Sons , Inc. and a letter dated March 15 ,
1994 , from Arco Products Company, confirming they will remove and
reinstall the sign at their own expense if it interferes with
future city improvements in the easement.
Also attached is a sketch showing the location of the
existing monument sign and the proposed new location in relation
to the City' s sewer easement. The easement is 10 ' wide and is
located on Arco' s parcel adjacent to the south property line. A
sewer main presently exists in the easement, but no manholes are
near the proposed sign location.
We have reviewed Arco' s proposal and do not believe it
will cause any problem with the City' s use of its easement.
Therefore, we recommend approval of their request subject to
execution of the attached License and Agreement.
The applicant has paid the prescribed $500 . 00 administr-
tive fee to cover processing costs.
We recommend that the requested encroachment of a sign be
approved.
3-17-94
5-0264
P.O. Box 2103 Donco & Sons, inc.
725 N. Cypress
Yorba Linda, CA 92686 Signs • lighting • Electrical Orange, CA 92667
(714)771-5730• TELEFAX(714)997-4769
March 15, 1994
City of San Bernardino Re: Arco Service Station
Engineering Department 3890 N. University Ave.
Attn: Mike Grubbs
Arco Products Company recently opened a new service station facility located at
3890 N. University Ave. in San Bernardino. The monument sign which identifies
this facility is currently located at the corner of the property, set at a 45 degree angle
to the intersection with a setback of 8' from the property line. Due to a perceived
visibility problem, Arco has conducted some site line surveys and flag tests at this
facility and determined, as a result of these tests, that a minor relocation of the
monument sign would result in a dramatic improvement in visibility. It is for this
reason that we respectfully request approval to relocate the sign, a portion of which
will project into the existing 10' sewer easement.
Please feel free to call my office if you have any questions.
Thank you for your consideration.
Sincerely,
Mark B. Fink
MBF/mjm
CA. LICENSE C10-C45-C61 #435616•AZ.LICENSE L38#097661 L11 #098214•AZ. dba D&S Signage, Inc.
ARCO Products
17315 Studebaker Road
Cerritos. California 90701-1488
Telephone 310 404 5300 11'
Mailing Address: Box 6411
Artesia, California 90702-6411
March 15, 1994
Mr. Mike Grubbs
Engineering Department
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418-0001
Re: ARCO Monument Signs
Dear Mr. Grubbs:
This is to advise the City of San Bernardino that if ARCO Products Company is granted
permission to relocate its existing monument sign to encroach into the 10' sewer easement
area, ARCO Products Company, at ARCO Products Company's sole expense, agrees to
remove and reinstall the monument sign at such time as the City of San Bernardino has cause
to install future improvements in the easement area.
Sincerely,
ARCO Products Company,
a division of AtlanticRichfieldCompany
anz
Manager
Construction Engineering& Coordination
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AND AGREEMENT WITH ARCO PRODUCTS COMPANY
3 RELATING TO RELOCATION OF AN EXISTING MONUMENT SIGN IN AN
EXISTING CITY SEWER EASEMENT AT THE NORTHWEST CORNER OF HALLMARK
4 PARKWAY AND UNIVERSITY PARKWAY.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
6
7 SECTION 1 . The Mayor of the City of San Bernardino is
8 hereby authorized and directed to execute on behalf of said City
9 a License and Agreement with Arco Products Company, relating to
10 relocation of an existing monument sign into an existing City
11 sewer easement at the northwest corner of Hallmark Parkway and
12 University Parkway, copy of which is attached hereto, marked
13 Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
14
15 SECTION 2. The agreement shall not take effect until
16 fully signed and executed by all parties. The City shall not be
17 obligated hereunder unless and until the agreement is fully
18 executed and no oral agreement relating thereto shall be implied
or authorized.
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20
SECTION 3. The authorization to execute the above-
21 referenced agreement is rescinded if the parties to the agreement
22 fail to execute it within sixty (60) days of the passage of this
resolution.
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3--17-94
RESO: AUTHORIZING EXECUTION OF LICENSE AND AGREEMENT WITH ARCO
PRODUCT' - COMPANY RELATING TO REL' 'kTION OF AN EXISTING
MONUMEN_ SIGN.
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 1994 , by the following vote, to-wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
13
14
15 Rachel Clark, City Clerk
16 The foregoing resolution is hereby approved this
17 day of 1994 .
18
Tom Minor, Ma-or
Approved as to form
19 City of San Bernardino
20 and legal content:
21 James F. Penman
City Attorne
22
23 By
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LICENSE AND AGREEMENT
THIS LICENSE AND AGREEMENT is made and entered into this
day of r 1994 , by and between
ARCO PRODUCTS COMPANY
hereinafter sometimes referred to as "Licensee, " and the CITY OF
SAN BERNARDINO, a municipal corporation hereafter 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 City' s
Sewer Easement located at the northwest corner of Hallmark
Parkway and University Parkway, San Bernardino, California, a
monument sign 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 Planning and Building Services
of the Citv.
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 Sewer Easement and agrees never to assail
or resist said title or interest and to observe present or future
set-back requirements relating there.
4 . City reserves the right to terminate the permission
hereby 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 monument sign 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 monument sign 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
monument sign 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 an existence of the monument sign.
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6 . Upon termination of this agreement, licensee agrees
to immediately remove the monument sign from the sewer easement
to restore the easement to its original condition. If licensee
fails to exercise its duties under this paragraph, licensor shall
have the right to remove the monument sign 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 monument sign 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 monument sign, 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, or 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 monument sign 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
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Likewise indemnify licensor for 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 monument sign. 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 will
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.
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AGREEMENT: MONUMI SIGN IN EXISTING SEWER SEMENT AT HALLMARK
PARKWAY AND UNIVERSITY PARKWAY
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 on
this day of 1994 .
Tom Minor, Mayor
CITY OF SAN BERNARDINO
Licensee
Approved as to form
and legal content:
James F. Penman
City Attorney
By
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