HomeMy WebLinkAbout05.G- Community Development 5.G
ORDINANCE (ID # 3809) DOC ID: 3809 D
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement
From: Mark Persico M/CC Meeting Date: 07/18/2016
Prepared by: Brenda Leggitt, (909) 384-
5057
Dept: Community Development Ward(s): All
Subject:
Ordinance of the Mayor and Common Council of the City of San Bernardino Approving
Development Code Amendment 16-02 Amending Chapter 19.22 (Sign Regulations)
Section 19.22.080 (Off-Site Signs) of the Development Code (Title 19) of the City of San
Bernardino Municipal Code. (FINAL READING) (#3809)
Current Business Registration Certificate:
Financial Impact:
Negligible
Motion: Adopt the Ordinance.
Synopsis of Previous Council Action:
None
Background:
On April 20, 2016, the Planning Commission adopted Resolution No. 2016-015 (please
see Attachment 4)forwarding a recommendation that the Mayor and Common Council:
1) Adopt the Categorical Exemption; and
2) Approve Development Code Amendment 16-02 and Conditional Use Permit 16-
03, based upon the recommended Findings of Fact and Conditions of Approval.
Proiect Description:
Pursuant to the requirements of Chapter 19.42 (Development Code Amendments),
§19.36.020 (Conditional Use Permit Applications) and §19.22.080 (Off-Site Signs) of the
City of San Bernardino Development Code, the applicant is requesting the approval of
Development Code Amendment 16-02 and Conditional Use Permit 16-03 to:
1) Amend the Development Code pertaining to off-site signs; and
2) Allow the development, establishment and operation of a freestanding freeway-
oriented electronic message center sign that is approximately fifty (50) feet in
height with two (2) displays (double-sided) containing approximately 672 (14' x
48') square feet each.
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Additionally, pursuant to §19.22.080(2)(G) of the City of San Bernardino Development
Code, the applicant is requesting the approval of a License Agreement with includes
provisions for signage content and "air time" for public service announcements.
Analysis:
The City of San Bernardino Development Code currently has the following standards to
regulate off-site signs:
1. Pursuant to §19.22.080(2)(E) of the City of San Bernardino Development Code,
new billboards shall not be located within 1,000 feet of the gore points of freeway
to freeway interchanges or freeway interchanges and on- and off-ramps, or within
the interchanges themselves. This description is commonly referred to as "gore
point."
Staff is not aware of the origin of this development standard other than to believe
that this may have been a previous requirement of Caltrans. As a follow-up to
this matter, staff has received a letter from Caltrans, dated March 7, 2016, stating
that the term "gore point" is no longer utilized, and the proposed electronic
message center sign is not subject to the 1,000 distance requirement as provided
in §19.22.080(2)(E). Therefore, staff supports the proposed location, and
believes that Caltrans will adequately regulate the proposed electronic message
center sign in a manner to ensure the safety of motorists on the adjacent
freeways.
2. Pursuant to §19.22.080(7)(E) of the City of San Bernardino Development Code,
off-site electronic message center signs may be placed no closer than 1,000 feet
from another electronic message center sign.
Although there is an existing electronic message center sign on the west side of
Interstate (215) Freeway approximately 970 feet from the proposed location of
the subject electronic message center sign, staff has interpreted this distance
requirement as meaning on the same side of the freeway.
3. Pursuant to §19.22.080(2)(H) of the City of San Bernardino Development Code,
the Mayor and Common Council may require the removal of more than one (1)
off-site billboard in exchange for the right to locate one (1) new replacement sign
at a new site.
In an effort to reduce the number of billboards within the City, as part of the
request for Conditional Use Permit 16-03, the applicant is proposing to
permanently remove the existing billboards at the following locations:
❑ 1775 Devore Road (APN: 0349-169-03), within the City's sphere of
influence (this billboard was located on the west side of the Interstate
(215) Freeway, south of the Interstate (15) Freeway/Interstate (215)
Freeway interchange, and has already been removed.
❑ 2601 E. Highland Avenue (APN: 1191-111-01)
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3809
❑ 901 W. 9th Street (APN: 0140-151-26)
❑ 2147 W. Highland Avenue (APN: 0269-041-35)
❑ 1499W. 5th Street (APN: 0138-173-08)
❑ 1010 W. Baseline Avenue (APN: 0144-232-06)
License Agreement - Pursuant to §19.22.080(2)(G) of the City of San Bernardino
Development Code, off-site electronic message center signs are subject to a license
agreement with the City of San Bernardino. The license agreement shall include, but is
not limited to, signage content and "air time" for public service announcements, and
may include a revenue-sharing provision. Under the terms of the proposed License
Agreement:
❑ The City shall be permitted the right to place public service messages on
the electronic message center sign, limited to one (1) showing every
minute (not to exceed 43,200 showings in a given year).
❑ For each year that the City does not exercise its right to post public
service messages on the electronic message center sign, the City shall be
entitled to an Annual Monetary Value equal to the greater of five (5)
thousand dollars per year or five (5%) percent of the gross annual income
realized from the operation of the electronic message center sign.
❑ The Applicant agrees not to display messages with content advertising
adult entertainment, tobacco products, marijuana or alcoholic beverages.
Public Comments - There were no public comments submitted during the CEQA-
mandated ten (10) day public review period, nor were there any public comments
presented during the public hearing by the Planning Commission.
California Environmental Quality Act:
In accordance with §15060 (Preliminary Review) of the California Environmental Quality
Act (CEQA), the Planning Division conducted an environmental evaluation in connection
with proposed Development Code Amendment 16-02 and Conditional Use Permit 16-03
and concluded that Development Code Amendment 16-02 and Conditional Use Permit
16-03 is found to be exempt under§15061(b)(2) (Review for Exemption) of CEQA.
Pursuant to §15332 (In-Fill Development Projects) of CEQA, a Class 32 Categorical
Exemption consists of projects characterized as in-fill development projects meeting the
conditions contained within §15332 of CEQA. The Planning Division staff has analyzed
proposed Development Code Amendment 16-02 and Conditional Use Permit 16-03 and
has determined that it is Categorically Exempt from CEQA pursuant to §15332 of the
CEQA Guidelines due to the fact that: 1) the project is consistent the applicable General
Plan designation and all applicable General Plan policies as well as with applicable
zoning district and regulations; 2) the proposed development is located on a site within
the City limits on less than five (5) acres; 3) Conditions of Approval will be imposed to
alleviate potential impacts; and, 4) there are no additional potential significant
environmental impacts that may result from the proposed development, establishment
and operation of the proposed freestanding freeway-oriented electronic message center
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sign. Accordingly, pursuant to §15062 of CEQA, a Notice of Intent to Adopt a
Categorical Exemption for Development Code Amendment 16-02 and Conditional Use
Permit 16-03 was published on April 8, 2016 for the CEQA-mandated ten (10) day
public review and comment period.
On March 10, 2016, the Development and Environmental Review Committee reviewed
the application and Environmental Determination of the Planning Division, and moved
the Categorically Exempt for Development Code Amendment 16-02 and Conditional
Use Permit 16-03 to the Planning Commission for consideration.
Conclusion:
On April 20, 2016, the Planning Commission determined that the proposed project is
consistent with the City of San Bernardino General Plan and Development Code, and
that the application satisfies all Findings of Fact required for approval of Development
Code Amendment 16-02 and Conditional Use Permit 16-03.
City Attorney Review:
This staff report and supporting documentation has been reviewed by the Deputy City
Attorney, and accepted as to form.
Supporting Documents:
Attachment 1: Ordinance
Attachment 2: Resolution
Attachment 3: License Agreement
Attachment 4: Planning Commission Resolution No. 2016-015
Attachment 5: Planning Commission Staff Report, dated April 20, 2016
Attachment 6: Planning Commission Minutes, dated April 20, 2016
Attachment 7: Legal Ad
City Attorney Review:
Supporting Documents:
ATTACHMENT 1 - Ordinance - DCA 16-02 (DOC)
ATTACHMENT 2 - Resolution - CUP 16-03 (DOC)
ATTACHMENT 2 - Resolution - Exhibit A (DOCX)
ATTACHMENT 2 - Conditions of Approval - Exhibit A (PDF)
Attachment 3- agrmt. 3809(PDF)
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1 ORDINANCE NO. a
2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN m
BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT 16-02 c
3 AMENDING CHAPTER 19.22 (SIGN REGULATIONS) SECTION 19.22.080 (OFF- N
4 SITE SIGNS) OF THE DEVELOPMENT CODE (TITLE 19) OF THE CITY OF SAN a
BERNARDINO MUNICIPAL CODE.
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6 WHEREAS, the current City of San Bernardino Development Code was initially
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implemented in 1991; and 3
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WHEREAS, on April 20, 2016, the Planning Commission of the City of San m
8 Bernardino held a noticed public hearing to consider public testimony and the staff report, and E
9 adopted Resolution No. 2016-015 recommending adoption of the Categorical Exemption and a
10 the approval of Development Code Amendment 16-02 and Conditional Use Permit 16-03 to 0
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11 the Mayor and Common Council; and c
12 WHEREAS, notice of the public hearing for the Mayor and Common Council's
13 consideration of the proposed Ordinance was published in The Sun newspaper on June 25, o
14 2016. m
NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE °
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CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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17 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
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18 are true and hereby adopt and incorporate them herein. N
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SECTION 2. Findings of Fact—Development Code Amendment 16-02. a
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Finding No. 1: The proposed amendment is consistent with the General Plan.
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Finding of Fact: The proposed amendment will result in removing the existing
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24 regulations for off-site freeway signs that are no longer imposed by the z
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25 California State Transportation Agency (Caltrans), and the proposed =
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26 amendment will provide for the accommodation of the development, �
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1 electronic message center sign consistent with the City's Development a
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3 Finding No. 2: The proposed amendment would not be detrimental to the public N
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interest,health, safety, convenience, or welfare of the City. v
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Finding of Fact: The proposed amendment will not be detrimental to the public interest,
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7 health, safety, convenience, or welfare of the City in that the m
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8 amendment to remove the existing regulations for off-site freeway signs m
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9 that are no longer imposed by the California State Transportation
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10 Agency (Caltrans) will facilitate the development, establishment and 2
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operation of a freestanding freeway-oriented electronic message center .2
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sign consistent with the City's Development Code. The project site has
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14 direct access from "E" Street, will be fully served by utility providers, m
15 will be construction in accordance with all applicable codes and >
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16 regulations, and will not result in the need for the excessive provision a
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of services. a,
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SECTION 3. Compliance with the California Environmental Quality Act. T
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The Mayor and Common Council has independently reviewed, analyzed and exercised a
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21 judgment in finding that Development Code Amendment 16-02 and Conditional Use Permit
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22 16-03 is exempt under §15061(b)(2) (Review for Exemption) of the California Environmental
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23 Quality Act(CEQA),pursuant to §15332 (In-Fill Development Projects) of CEQA.
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SECTION 4. — Section 19.22.080(1)(C)(1) (Off-Site Signs—Replacement of Off-Site W
25 Billboard Signs on the Same Site) shall be amended, as follows: a
26 (1) No billboard shall be upgraded to an electronic variable message display unless
27 the sign is located at least 1,000 feet from the nearest existing or approved electronic message
28 center or electronic display sign on the same side of the freeway.
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1 SECTION 5. — Section 19.22.080(2)(E) (Off-Site Signs — Replacement of Off-Site
Billboard Signs on New Site) shall be amended by the following deletion:
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to freeway interehTanges or--4eeway inter- es--and on -a*d off fafn s, or- within the
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7 SECTION 6. — Section 19.22.080(7)(E) (Off-Site Signs — Off-Site Electronic m
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8 Message Center Signs) shall be amended, as follows:
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E. Off-site electronic message center signs may be placed no closer than 1,000 a
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feet from another electronic message center sign (on-site or off-site) on the same side of the
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freeway. 0�
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13 SECTION 7. - Notice of Exemption: The Planning Division of the Community
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Development Department is hereby directed to file a Notice of Exemption with the County o
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16 Clerk of the County of San Bernardino certifying the City's compliance with California a
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17 Environmental Quality Act in adopting the Categorical Exemption.
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18 SECTION 8. Severability: If any section, subsection, subdivision, sentence, or
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19 clause or phrase in this Resolution or any part thereof is for any reason held to be
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unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
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shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
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23 part thereof. The Mayor and Common Council hereby declares that it would have adopted 0
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24 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, z
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25 clauses, or phrases be declared unconstitutional, invalid, or ineffective. X
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I ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN a
BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT 16-02
2 AMENDING CHAPTER 19.22 (SIGN REGULATIONS) SECTION 19.22.080 (OFF- m
SITE SIGNS) OF THE DEVELOPMENT CODE (TITLE 19) OF THE CITY OF SAN
3 BERNARDINO MUNICIPAL CODE. (n
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor c.)
5 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
6 day of , 2016, by the following vote to wit: 3
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8 Council Members: AYES NAYS ABSTAIN ABSENT
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9 BARRIOS —
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12 NICKEL
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16 Georgeann Hanna, City Clerk Q
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18 The foregoing Ordinance is hereby adopted this day of , 2016. M
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21 R. CAREY DAVIS, Mayor
Approved as to form: City of San Bernardino S
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Gary D. Saenz,City Attorney 0
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1 RESOLUTION NO.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF m
SAN BERNARDINO ADOPTING A CATEGORICAL EXEMPTION AND c
3 APPROVING CONDITIONAL USE PERMIT 16-03 AND A LICENSE AGREEMENT in
4 TO ALLOW THE DEVELOPMENT, ESTABLISHMENT AND OPERATION OF A T
FREESTANDING FREEWAY-ORIENTED ELECTRONIC MESSAGE CENTER
5 SIGN LOCATED AT 1630 S. "E" STREET (APN: 0141-253-02) WITHIN THE
COMMERCIAL GENERAL (CG-1) ZONE _
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7 WHEREAS, on February 4, 2016, pursuant to the requirements of Chapter 19.42, m
8 §19.36.020 and §19.22.080(7) of the City of San Bernardino Development Code, an E
9 application for Development Code Amendment 16-02 and Conditional Use Permit 16-03 was
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duly submitted by:
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12 Property Owner: E Street Holdings, LLC a
13 11873 Sandra Court o
Loma Linda, CA 92354
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Project Applicant: Lamar Central Outdoor, LLC 0
15 24541 Redlands Boulevard o
16 Loma Linda, CA 92354 a
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17 Parcel Address: 1630 S. "E" Street c
APN: 0141-253-02 M
18 Lot Area: 3.3 acres c,.,
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WHEREAS, Development Code Amendment 16-02 is a request to amend §19.22.080 a.
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relating to off-site signs; and
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22 WHEREAS, Conditional Use Permit 16-03 is a request to allow the development, o
23 establishment and operation of a freestanding freeway-oriented electronic message center sign
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24 that is approximately fifty (50) feet in height with two (2) displays (double-sided) containing w
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approximately 672 (14' x 48') square feet each, on a parcel containing approximately 3.3 Q
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acres; and ~
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1 WHEREAS, as part of the application for Conditional Use Permit 16-03, the applicant -a
2 has permanently removed the existing billboard located at 1775 Devore Road (APN: 0349-
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3 169-03), within the City's sphere of influence; and Cn
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4 WHEREAS, as part of the application for Conditional Use Permit 16-03, the applicant
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is also proposing to permanently remove the existing billboards at the following locations: 1)
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2601 E. Highland Avenue (APN: 1191-111-01); 2) 901 W. 9th Street (APN: 0140-151-26); 3) 3
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8 2147 W. Highland Avenue (APN: 0269-041-35); 4) 1499 W. 5th Street (APN: 0138-173-08); 0
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9 and, 5) 1010 W. Baseline Avenue (APN: 0144-232-06); and
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10 WHEREAS, as part of the application for Conditional Use Permit 16-03, the applicant c
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has submitted a "License Agreement Between the City of San Bernardino and Lamar Central 0
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Outdoor, LLC for Off-Site Electronic Message Center Freeway Sign," as required pursuant to
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14 §19.22.080(2)(G) of the City of San Bernardino Development Code; and 'm
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15 WHEREAS, the Planning Division of the Community Development Department has >
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16 reviewed Development Code Amendment 16-02 and Conditional Use Permit 16-03 for Q
17 consistency with the City of San Bernardino General Plan and compliance with the City of co
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San Bernardino Development Code; and o
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WHEREAS, pursuant to requirements of §15060(c) of the California Environmental
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21 Quality Act, the Planning Division of the Community Development Department evaluated o
22 Development Code Amendment 16-02 and Conditional Use Permit 16-03; and
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WHEREAS, on March 10, 2016, pursuant to the requirements of §19.36.030 of the N
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City of San Bernardino Development Code, the Development and Environmental Review W
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26 Committee reviewed the application and moved the Categorical Exemption and Conditional
27 Use Permit 16-03 to the Planning Commission for consideration; and
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1 WHEREAS, on April 20, 2016, pursuant to the requirements of §19.52.040 of the a
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2 City of San Bernardino Development Code, the Planning Commission held the duly noticed m
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3 public hearing at which interested persons had an opportunity to testify in support of, or m
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opposition to the Categorical Exemption, Development Code Amendment 16-02 and v
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Conditional Use Permit 16-03, and at which meeting the Planning Commission adopted
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7 Resolution No. 2016-015 recommending to the Mayor and Common Council the adoption of
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8 the Categorical Exemption and the approval of Development Code Amendment 16-02 and
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9 Conditional Use Permit 16-03; and L
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10 WHEREAS, pursuant to the requirements of Chapters 19.36 and 19.42 of the City of c
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San Bernardino Development Code, the Mayor and Common Council has the authority to take
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action on the Categorical Exemption, Development Code Amendment 16-02 and Conditional c
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15 WHEREAS, notice of the July 5, 2016 public hearing for the Mayor and Common c
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16 Council's consideration of the proposed Resolution was published in The Sun newspaper on a
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June 25, 2016, and was mailed to property owners within a 500 foot radius of the project site co
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in accordance with Development Code Chapter 19.52. o
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20 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
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21 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: c
22 SECTION 1. The Mayor and Common Council find that the above-stated Recitals y
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are true and hereby adopt and incorporate them herein. N
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25 SECTION 2. Findings of Fact—Development Code Amendment 16-02. _
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Finding No. 1: The proposed amendment is consistent with the General Plan. a
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1 Finding of Fact: The proposed amendment will result in removing the existing T
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2 regulations for off-site freeway signs that are no longer imposed by the m
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3 California State Transportation Agency (Caltrans), and the proposed y
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amendment will provide for the accommodation of the development, v
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establishment and operation of a freestanding freeway-oriented
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7 electronic message center sign consistent with the City's Development
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8 Code.
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9 Finding No. 2: The proposed amendment would not be detrimental to the public 2
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10 interest,health, safety, convenience, or welfare of the City. 0
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Finding of Fact: The proposed amendment will not be detrimental to the public interest, .2
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health, safety, convenience, or welfare of the City in that amendment to
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14 remove the existing regulations for off-site freeway signs that are no 'm
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15 longer imposed by the California State Transportation Agency >
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16 (Caltrans) will facilitate the development, establishment and operation a
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of a freestanding freeway-oriented electronic message center sign M
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consistent with the City's Development Code. The project site has T
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20 direct access from "E" Street, will be fully served by utility providers, D
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21 will be construction in accordance with all applicable codes and c
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22 regulations, and will not result in the need for the excessive provision �0
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of services. N
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SECTION 3. Findinjzs of Fact—Conditional Use Permit 16-03. W
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26 Finding No. 1: The proposed use is conditionally permitted within, and would not
27 impair the integrity and character of the subject land use district and
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1 complies with all of the applicable provisions of the Development
2 Code. m
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3 Finding of Fact: The proposed freestanding freeway-oriented electronic message center cn
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sign is a conditionally permitted use, pursuant to Development Code U
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§19.22.080(7). The project site is located within the Commercial
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7 General (CG-1) zone and is substantially surrounded by existing
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8 commercial uses and adjacent to the Interstate (215) Freeway. The
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9 proposal complies with all applicable Development Code standards for
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10 electronic message center signs. Therefore, the proposed project would o
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not impair the integrity and character of the subject land use district or
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be detrimental to surrounding properties.
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14 Finding No. 2: The proposed use is consistent with the General Plan. CO
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15 Finding of Fact: The proposal freestanding freeway-oriented electronic message center >
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16 sign is consistent with several General Plan goals and policies, as a
17 follows: Goal 4.1 — "Encourage economic activity that capitalizes on CO
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the transportation and locational strengths of San Bernardino," Goal 4.3 0
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20 — "Continue and expand the City's marketing and promotional
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21 campaigns," and Community Design Policy 5.2.6 — "Ensure
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22 implementation of sign regulations which address issues of scale, type,
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design, materials, placement, compatibility and maintenance."
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Therefore the proposed project would be compatible with surrounding W
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land uses and consistent with the General Plan.
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1 Finding No. 3 Approval of the Conditional Use Permit for the proposed use is in v
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2 compliance with the requirements of the California Environmental m
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3 Quality Act(CEQA) and §19.20.030(6) of the Development Code.
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Finding of Fact: The project is exempt from environmental review under CEQA §15332 v
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(In-Fill Development Projects), and complies with the requirements of
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3 Development Code §19.22.080(7). The project location is an infill site
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8 located within an urbanized area and is substantially surrounded by
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9 existing commercial uses and adjacent to the Interstate (215) Freeway.
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10 Approval of the proposed freestanding freeway-oriented electronic 2
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message center sign would not result in any impacts on the d
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environment.
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14 Finding No. 4 There will be no potentially significant negative impacts upon M
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15 environmental quality and natural resources that could not be properly >
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16 mitigated and monitored. Q
17 Finding of Fact: The project site is an in-fill lot adjacent to the Interstate (215) Freeway CO
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and the surrounding area is urbanized. Therefore, no significant 0
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negative impacts on the environment are anticipated to result from the
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21 proposed freestanding freeway-oriented electronic message center sign. c
22 Finding No. 5: The location, size, design, and operating characteristics of the proposed 0
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use are compatible with the existing and future land uses within the
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general area in which the proposed use is to be located and will not W
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26 create significant noise, traffic or other conditions or situations that may
27 be objectionable or detrimental to other permitted uses in the vicinity or a
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1 adverse to the public interest, health, safety, convenience, or welfare of =a
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2 the City. m
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3 Finding of Fact: The proposed freestanding freeway-oriented electronic message center N
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4 sign is in compliance with the Development Code requirements, and is
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designed to showcase and promote local businesses. The project site is
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7 located at an optimum location to display an electronic message center
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8 sign that will attract Interstate (215) Freeway travelers to the 0)
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9 surrounding area. The proposed freestanding freeway-oriented
10 electronic message center sign will not generate additional noise, 2
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traffic, or other conditions that would be detrimental or objectionable to
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other uses in the vicinity or adverse to the public health, safety, o
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14 convenience, or welfare of the City. m
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15 Finding No. 6: The subject site is physically suitable for the type and density/intensity >
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16 of use being proposed. a
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Finding of Fact: The site is physically suitable for the proposed freestanding freeway- o
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oriented electronic message center sign as evidenced by project o
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compliance with all applicable Development Code Standards. M
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21 Finding No. 7 There are adequate provisions for public access, water, sanitation, and c
22 public utilities and services to ensure that the proposed use would not
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be detrimental to public health and safety.
24 Finding of Fact: The site has direct access off of"E" Street. All agencies responsible for w
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reviewing access and providing water, sanitation and other public
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27 services to the site have had the opportunity to review the proposal, and
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28 none indicated inability to serve the project site. Establishment of the
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1 proposed project, subject to Conditions of Approval, will not be
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3 SECTION 4. Compliance with the California Environmental Quality
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4 The Mayor and Common Council has independently reviewed, analyzed and exercised Y
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judgment in finding that Development Code Amendment 16-02 and Conditional Use Permit
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16-03 is exempt under §15061(b)(2) (Review for Exemption) of the California Environmental
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9 SECTION 5. — Development Code Amendment 16-02, as approved by Ordinance, is 0,
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SECTION 6. — Conditional Use Permit 16-03, subject to the Conditions of Approval 0 2
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attached hereto as Exhibit A and incorporated herein by reference, is hereby approved. o
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14 SECTION 7. — License Agreement between the City of San Bernardino and Lamar 'm
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15 Central Outdoor, LLC for Off-Site Electronic Message Center Freeway Sign, attached hereto >
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16 as Exhibit B and incorporated herein by reference, is hereby approved. Q
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SECTION 8. - Notice of Exemption: The Planning Division of the Community a
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Development Department is hereby directed to file a Notice of Exemption with the County o
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20 Clerk of the County of San Bernardino certifying the City's compliance with California D
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22 SECTION 9. Severability: If any section, subsection, subdivision, sentence, or 0
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clause or phrase in this Resolution or any part thereof is for any reason held to be N
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unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision w
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1 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, =a
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADOPTING A CATEGORICAL EXEMPTION AND c
2 APPROVING CONDITIONAL USE PERMIT 16-03 AND A LICENSE AGREEMENT m
TO ALLOW THE DEVELOPMENT, ESTABLISHMENT AND OPERATION OF A
3 FREESTANDING FREEWAY-ORIENTED ELECTRONIC MESSAGE CENTER N
4 SIGN LOCATED AT 1630 S. "E" STREET (APN: 0141-253-02) WITHIN THE a
COMMERCIAL GENERAL (CG-1) ZONE
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
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day of , 2016,by the following vote to wit:
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MARQUEZ r
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12 BARRIOS
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RICHARD a
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Georgeann Hanna, City Clerk
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21 The foregoing Resolution is hereby approved this day of , 2016. 2
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R. CAREY DAVIS, Mayor N
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Approved as to form: w
25 Gary D. Saenz, City Attorney v
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EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 16-03 m
1. This is an approval to allow the development, establishment and operation of a o
freestanding freeway-oriented electronic message center sign that is approximately fifty y
(50) feet in height with two (2) displays (double-faced) containing approximately 672
(14' x 48') square feet each, on a parcel containing approximately 3.3 acres. The project w
site is located at 1630 S. "E" Street, within the Commercial General (CG-1) zone. All
construction shall be in substantial conformance with the approved plans stamped 3
"Received July 5, 2016". m
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2. Within two (2) years of the Conditional Use Permit approval, commencement of E
construction shall have occurred or the permit/approval shall become null and void. In
addition, if after commencement of construction, work is discontinued for a period of one a
(1) year, then the permit/approval shall become null and void. However, approval of the o
Conditional Use Permit does not authorize commencement of construction. All necessary
permits must be obtained prior to commencement of specified construction activities °
included in the Conditions of Approval.
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EXPIRATION DATE: July 5, 2018 °Q
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3. The Planning Commission may grant a time extension, for good cause, not to exceed o
twelve (12) months. The applicant must file an application, the processing fees, and all
required submittal items, thirty (30) days prior to the expiration date. The Planning °
Commission shall ensure that the project complies with all Development Code provisions a
in effect at the time of the requested extension.
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4. In the event this approval is legally challenged, the City will promptly notify the
applicant of any claim, action or proceeding and will cooperate fully in the defense of this Q
matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the
City of San Bernardino (City), any departments, agencies, divisions, boards or w
commission of the City as well as predecessors, successors, assigns, agents, directors, .
elected officials, officers, employees, representatives and attorneys of the City from any o
claim, action or proceeding against any of the foregoing persons or entities. The applicant
further agrees to reimburse the City for any costs and attorneys' fees which the City may
be required by a court to pay as a result of such action, but such participation shall not
relieve applicant of his or her obligation under this condition. The costs, salaries, and N
expenses of the City Attorney and employees of his office shall be considered as z
"Attorney's fees" for the purpose of this condition. As part of the consideration for
issuing this Conditional Use Permit, this condition shall remain in effect if the =
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Conditional Use Permit is rescinded or revoked, whether or not at the request of
applicant. a
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3. The site shall be maintained in accordance with the plans stamped April 20, 2016,
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approved by the City on file in the Planning Division (EXHIBIT "A"); the conditions
contained herein; and,the City's Municipal Code regulations.
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4. Prior to the issuance of any building permit for the freestanding freeway-oriented in
electronic message center sign, a License Agreement with the City of San Bernardino 0
shall be executed(EXHIBIT`B"). The license agreement shall include,but is not limited
to, signage content and "air time" for public service announcements, and may include a
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5. Prior to the issuance of any building permit for the freestanding freeway-oriented 3
electronic message center sign, written approval shall be granted by the California State m
Department of Transportation(Caltrans).
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6. Prior to the issuance of any building permit for the freestanding freeway-oriented
electronic message center sign, the existing billboards at the following locations shall be Q
permanently removed: 1) 1775 Devore Road (APN: 0349-169-03), within the City's o
sphere of influence; 2) 2601 E. Highland Avenue (APN: 1191-111-01); 3) 901 W. 9th
Street (APN: 0140-151-26); 4) 2147 W. Highland Avenue (APN: 0269-041-35); 5) 1499 —°
W. 5th Street (APN: 0138-173-08); and, 6) 1010 W. Baseline Avenue (APN: 0144-232-
06). E
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7. The freestanding freeway-oriented electronic message center sign shall be fitted with m
automatic dimming devices, capable of lowering the intensity of light during evening 0
hours,rainy, foggy, or cloudy days, or similar situations.
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8. The project shall comply with all applicable requirements of the City of San Bernardino a
Community Development Department, Land Development and Building & Safety
Divisions, Fire Department, Public Works Department, and the City Clerk's
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Office/Business Registration Division.
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9. The operator and property owner shall be responsible for regular maintenance of the s
project site. The site shall be maintained in a clean condition and free of litter and any x
other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed w
and cleaned up within 24 hours of being reported. o
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BILLBOARD RELOCATIONA
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LICENSE AGREEMENT BETWEEN °
THE CITY OF SAN BERNARDINO AND v
LAMAR CENTRAL OUTDOOR, LLC FOR o
OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN
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This License Agreement (the "AGREEMENT") is entered into this day of d
20—,BY AND BETWEEN: — m
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the City of San Bernardino, a Charter City organized under the laws of the State of o
California, with an address of 300 N. "D" Street, San Bernardino, California (the w
"CITY"); v
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AND,
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Lamar Central Outdoor, LLC, a Limited Liability Company, incorporated under the laws
of the State of Delaware (individually CITY or OWNER may be referred to as a m
"PARTY"and collectively CITY and OWNER may be referred to as the "PARTIES").
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WITNESSETH :
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WHEREAS, Owner is the lessee of that real property in the San Bernardino County,
California, more particularly described in Exhibit"A" attached hereto and incorporated herein by o
this reference(the "PROPERTY"); and �
WHEREAS, the Mayor and Common Council of CITY have determined that an Off-Site M
Electronic Message Center Freeway Sign (the"SIGN") is an appropriate use of the PROPERTY;
and, —
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WHEREAS, the SIGN will provide additional advertising opportunities for CITY f4
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businesses and provide a medium for the CITY to communicate important civil and community L_
events to CITY residents and interested individuals; and, a
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WHEREAS, this AGREEMENT is intended to set forth the terms and conditions
regarding the development, maintenance, and use of the SIGN on the PROPERTY and the M
agreed upon revenue sharing arrangement; and, o
WHEREAS, CITY will receive benefits from this AGREEMENT in the form of (i) E
revenue sharing from the SIGN; and (ii) the CITY's opportunity to display Community-oriented
messages, informational announcements, and to promote the overall positive image of the City of `r'
San Bernardino on the SIGN- all as set forth in this AGREEMENT; and, E
WHEREAS on July_, 2016, the Mayor and Common Council of the City approved .�
Conditional Use Permit No. 16-03, to allow construction of the SIGN on the PROPERTY; and, Q
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LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAMAR CENTRAL
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN
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WHEREAS, both Development Code Section 19.22.080(7)(G) and Conditional Use
Permit No. 16-03, require that the SIGN be subject to a license agreement with the CITY as U
approved by the Mayor and Common Council of CITY; and, o
WHEREAS, this AGREEMENT satisfies that requirement for a license agreement as c
stated in Development Code Section 19.22.080(7)(G) and Conditional Use ]Permit No. 16-03. `m
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions vn
contained herein,the PARTIES hereby agree as follows: o
1. COMMENCEMENT. U
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As used in this AGREEMENT, the "Commencement Date" shall be the date on or by which all
of the following matters have occurred: 3
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(a)CITY has issued Building Permit(s) for construction of the SIGN; and, c
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(b) OWNER has notified CITY in writing that the SIGN has been fully constructed,
tested and is ready for immediate commercial use; and a,
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(c)CITY has approved Final Inspection of the construction of the SIGN. °
2. SIGN INSTALLATION AND OPERATION.
2.1 Installation. Owner agrees to install and maintain in good condition the SIGN c
visible to motorists on I-215 as approved by the CITY with Conditional Use
Permit No. 16-03. m
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2.2 Approvals. Such SIGN shall be subject to all licenses and permits and approval of
all applicable governmental agencies which approvals shall not be unreasonably °
withheld. As of the Commencement Date of this Agreement, City acknowledges a
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that the Sign complies with all applicable ordinances, orders, and all other Q
requirements of the City. c
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2.3 Construction. CITY shall have no responsibility whatsoever for the selection of
the contractors, for the construction work on said SIGN, nor responsibility for the 00
finished product.
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2.4 CITY Use of SIGN/Annual Monetary Value. For the term of this AGREEMENT,
the CITY shall be permitted the right to place public service messages on the
SIGN; provided, however, that such public service messages shall be limited to E
one (1) showing every minute (not to exceed 43,200 showings in any given year).
Public service messages may include various community-oriented messages,
informational announcements, and messages intended to promote the overall Q
positive image of the City of San Bernardino. CITY and OWNER hereby agree
that the monetary value of the CITY's right to place public service messages on E
s
LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAMAR CENTRAL V
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN Q
Page 2 of 10
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the SIGN shall be equal to the greater of. (1)five thousand dollars($5,000.00)per o`"=
year or (2) five percent (5%) of the gross annual income realized from operation v
of the SIGN ("Annual Monetary Value"). For each year that CITY does not o
exercise its right to post public service messages on the SIGN, CITY shall be
entitled to the Annual Monetary Value which shall be paid pursuant to Section 2.5 1°
below. OWNER may grant additional airtime to CITY on a "space available 0
basis"or otherwise at OWNER's sole discretion. All other uses of the SIGN shall m
be at OWNER's sole and absolute discretion in accordance with the provisions of in
this AGREEMENT and all applicable Federal, State and local laws and o
regulations. CITY may not sell or otherwise allow any of its allotted time to be w
used by any other third party without the express written consent of OWNER, v
which consent may be withheld in OWNER'S sole and absolute discretion. All r
uses of the SIGN by the CITY will be submitted to the OWNER by the City
Manager in a medium and format acceptable to OWNER and provided at the 3
CITY's sole expense. The City Manager shall submit the CITY's messages and m
announcements to OWNER, or designee, at least 48 hours prior to scheduled c
display of the message on the SIGN. d
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2.5 Payment of Annual Monetary Value. Annual Monetary Value shall be calculated
at the end of each year as required pursuant to Section 4 above, for the term of the c
Agreement. Owner shall make any required Annual Monetary Value Payment °
within thirty (30) days after the end of each year of the Agreement. Payments `U
shall be delivered to the CITY in conformity with Section 9, herein. OWNER
shall prepare a report at the end of each year of the term of this AGREEMENT o
reflecting the calculation of the Annual Monetary Value. The Annual Monetary o
Value report shall be delivered to the CITY not later than thirty (30) days
following the end of each year of the term of this AGREEMENT, in years where in
payable, accompanying the Annual Monetary Value Payment. OWNER shall o
maintain accurate financial books and records for the operation of the SIGN. Said >
books and records shall be maintained in accordance with normal business °
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standards and good accounting practice. OWNER agrees to make any and all Q
records and accounts available to CITY for inspection at all reasonable times, so
that CITY can determine OWNER's compliance with this AGREEMENT. o
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2.6 Sign Content. OWNER and CITY agree to comply with all applicable laws, rules, o
ordinances and regulations concerning the content of any and all messages co
displayed on the SIGN. Further, OWNER agrees not to display messages with
content advertising adult entertainment, tobacco products, marijuana or alcoholic a,
beverages, with the exception that OWNER may advertise events or other f°
functions that are sponsored by companies affiliated with alcoholic beverages. c
CITY and OWNER agree to meet at least once a year to, in good faith, negotiate
and discuss the ban on allowing alcoholic beverages advertisements and other
content restrictions. OWNER shall have at its sole option and discretion the right
Ito approve any and all content of messages to be displayed on the SIGN in Q
accordance with the provisions of this AGREEMENT and all applicable Federal,
State and local laws and regulations. E
' LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAMAR CENTRAL U
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN y
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3. TERM; TERMINATION.
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3.1 Term. The term of this AGREEMENT shall be from the Commencement Date, as o
defined in Section I above, and shall continue for so long as the SIGN remains in
existence,unless terminated sooner pursuant to Section 3.2, herein.
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3.2 Termination. This AGREEMENT may be terminated at any time by thirty (30) 00
days written notice by OWNER. CITY may terminate this AGREEMENT only co
upon material breach of the AGREEMENT by OWNER and then only after CITY o
has provided notice to OWNER of the breach and a reasonable opportunity for
OWNER to cure the breach. An opportunity shall be considered reasonable if v
OWNER is afforded at least 30 days to cure any alleged breach except that as to r
any breach related to SIGN content, in which case OWNER shall immediately
cure the breach upon notice provided by CITY. The terms of this contract shall 3
remain in force unless mutually amended. In the event of termination of this d
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AGREEMENT,OWNER shall remove the SIGN within 30 days.
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4. INDEMNITY. m
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OWNER agrees to and shall indemnify and hold the CITY, its elected officials, employees,
agents, or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or o
asserted upon any actual or alleged act or omission of OWNER, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplislunent of the work or
performance of services under this Agreement, unless the bodily injury or property damage was o
actually caused by the sole negligence of the CITY, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, OWNER agrees to protect and defend at its m
own expense, including attorney's fees, the CITY, its elected officials, employees, agents or o
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. OWNER hereby waives any and all rights to any types of express or implied °
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indemnity against the CITY, its elected officials, employees, agents or representatives, with a
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respect to third party claims against the OWNER relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
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5. INSURANCE. rn
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5.1 Minimum Scope and Limits of Insurance. OWNER shall obtain and maintain
during the life of this Agreement all of the following insurance coverage: a,
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(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, personal injury with a policy limit of not less than One
Million Dollars ($1,000,000.00), combined singles limits, per occurrence and
aggregate. Q
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LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND L.AMAR CENTRAL
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN
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(b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with
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a policy limit of not less than One Million Dollars ($1,0()0,000,00), combined v
single limits,per occurrence and aggregate.
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(c) Worker's compensation insurance as required by the State of California. �
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5.2 Endorsements. The comprehensive general liabilit y insurance policy shall contain 00
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or be endorsed to contain the following provisions: f°
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(a) Additional insureds: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds with v
respect to this subject project and contract with City." s
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(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the 3
coverage reduced, until thirty(30)days after written notice is given to City."
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(c) Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance provided
by this policy.
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53 Certificates of Insurance. OWNER shall provide to CITY certificates of insurance o
showing the insurance coverages and required endorsements described above, in a
form and content approved by CITY, prior to performing any services under this 0
Agreement.
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5.4 Non-limiting. Nothing in this Section shall be construed as limiting in any way, -2 0
the indemnification provision contained within this Agreement, or the extent to m
which OWNER may be held responsible for payments of damages to persons or —
property.
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6. NON-DISCRIMINATION. a
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In the performance of this Agreement and in the hiring and recruitment of employees, OWNER
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shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in 00
employment of persons because of their race, religion, color, national origin, ancestry, age, a,
mental or physical disability, medical condition, marital status, sexual gender or sexual M
orientation, or any other status protected by law. r
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7. INDEPENDENT CONTRACTOR.
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OWNER shall perform work tasks provided by this Agreement, but for all intents and purposes
OWNER shall be an independent contractor and not an agent or employee of the CITY. E
OWNER shall secure, at its expense, and be responsible for any and all payment of Income Tax, R
Social Security, State Disability Insurance Compensation, Unemployment Compensation, and Q
I other payroll deductions for OWNER and its officers, agents, and employees, and all business
license, if any are required, in connection with the services to be performed hereunder.
LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAMAR CENTRAL 0
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN .2
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. t)
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OWNER warrants that it possesses or shall obtain prior to execution of this Agreement, and a
maintain, a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any =
other licenses, permits, qualifications, insurance and approval of whatever riature that are legally m
required of OWNER to practice its business or profession.
9. NOTICES. o
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Any notices, documents, correspondence, or other communication concerning this Agreement or
the services provided hereunder may be provided by personal delivery or U.S.Mail. If personally
delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by
U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. 3
Mail as reflected by the official U.S, postmark. 0)
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TO THE CITY: TO THE OWNER:
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City Manager E Street Holdings,LLC c
300 N. "D" Street, 6`h Floor 11873 Sandra Court 0
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San Bernardino, CA 92418 Loma Linda, CA 92354
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Either PARTY may change the address for delivery of notices by sending notice of the change to -a
the other PARTY in conformity with this Section. o
10. ATTORNEYS' FEES m
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In the event that litigation is brought by any PARTY in connection with this Agreement, the >
prevailing party shall be entitled to recover from the opposing party all costs and expenses, °
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its C
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his/her office in CD
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph. c
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11. ASSIGNMENT. .:
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OWNER may assign or transfer the OWNER's interest in this Agreement without CITY's prior M
written consent so long as OWNER notifies CITY in writing of the assignment or transfer within
ten(10)business days in conformity with Section 9.
12. VENUE. w
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The parties hereto agree that all actions or proceedings arising in connection with this Agreement
shall be tried and litigated in the Superior Court of the State of California for the County of San E
LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND L.AMAR CENTRAL 0
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OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN Q
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Bernardino. The aforementioned choice of venue is intended by the parties to be mandatory and
not permissive in nature. �j
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13. GOVERNING LAW.
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This Agreement shall be governed and construed under the laws of the State of California m
without giving effect to that body of laws pertaining to conflict of laws.
14. SUCCESSORS AND ASSIGNS. o
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This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement
and their respective heirs,representatives, successors, and assigns. r
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15. HEADINGS.
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The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its E
provisions.
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16. SEVERABILITY. a
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If any provision of this Agreement is determined by a court of competent jurisdiction to be c
invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terns and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect. °Q
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17. REMEDIES; WAIVER. o
All remedies available to either PARTY for one or more breaches by the other PARTY are and
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shall be deemed cumulative and may be exercised separately or concurrently without waiver of Q
any other remedies. Q
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The delay or failure of either PARTY to require performance or compliance of the other of any
of its obligations under this Agreement shall in no way be deemed a waiver of those rights to c
require such performance or compliance. No waiver of any provision of this Agreement shall be co
effective unless made in writing and signed by a duly authorized representative of the PARTY E
against whom it is sought. The waiver of any right or remedy with respect to any occurrence or a,
event shall not be deemed a waiver of such right or remedy with respect to any future M
occurrences or events and shall not be deemed a continuing waiver. ..
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18. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement and the understanding between the PARTIES, a
and supersedes any prior agreements and understandings relating to the subject matter of this
Agreement. E
LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAMAR CENTRAL
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN Q
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19. COUNTERPARTS. ci
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This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement. In the
event that any signature is delivered by facsimile transmission or by e-mail, delivery of a ".pdf'
format data file, such signature shall create a valid and binding obligation of the PARTY 00
executing (or on whose behalf such signature is execute) with the same force and effect as if 1°
such facsimile or".pdf' signature page were an original thereof. o
20. AMENDMENT. v
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No amendment to this Agreement will be effective unless it is in writing and signed by both
PARTIES.
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21. CORPORATE AUTHORITY. 00
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Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are E
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duly authorized to execute this Agreement on behalf of said PARTIES and that by doing so, the Q
PARTIES hereto are formally bound to the provisions of this Agreement. _
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22. COMPLIANCE WITH LAW
OWNER agrees to abide by all federal, state, and local laws, ordinances and regulations. �
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23. FORCE MAJEURE.
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A PARTY shall not be liable for any failure or delay in the performance of this Agreement for o
the period that such failure or delay is due to causes beyond its reasonable control, including but
not limited to acts of God, war, strikes or labor disputes, embargoes, governmental orders or any 0
other force majeure event. Q
24. ORDER OF PRECEDENCE. o
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In the event of any inconsistency or conflict in this Agreement and any of the attached Exhibits o
or Attachments,the terms set forth in this Agreement shall prevail. M
25. REGULATORY AUTHORITY E
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OWNER acknowledges and agrees that CITY, acting not as Party to this AGREEMENT but in
its governmental regulatory capacity, has certain governmental regulatory authority over the 0)
PROPERTY and SIGN and nothing in this AGREEMENT binds the CITY to exercise its .�
discretionary governmental authority in any particular manner. OWNER, in the use and w
operation of the PROPERTY and SIGN, shall at all times comply with all applicable laws in the Q
performance of this AGREEMENT and agrees that"all applicable laws"as used herein includes c
°ry any legal requirement imposed by CITY acting not as a Party to this AGREMENT but in its E
LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAMAR CENTRAL
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN
Q
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capacity as a governmental regulatory body. OWNER agrees that all costs in complying with
applicable laws are the sole responsibility of OWNER. 6
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26. CONSTRUCTION.
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The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the m
event an ambiguity or question of intent or interpretation arises with respect to this Agreement, 00
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this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with 1°cn
its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any o
Party by virtue of authorship of any of the provisions of this Agreement.
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27. CONDEMNATION
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If any legally, constituted authority condemns the PROPERTY or SIGN or such part thereof 3
which shall make the PROPERTY or SIGN unsuitable for the purposes contemplated by this 0
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AGREEMENT, this AGREEMENT shall cease when the public authority takes possession. Such c
termination shall be without prejudice to the rights of either PARTY to recover compensation 0)
from the condemning authority for any loss or damage caused by the condemnation including (3)
money spent on capital improvements to the PROPERTY or SIGN. Neither PARTY shall have La,
any rights in or to any award made to the other by the condemning authority. Q
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28, PUBLIC RECORDS DISCLOSURE
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All information received by CITY concerning this AGREEMENT, including the AGREEMENT
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itself, may be treated as public information subject to disclosure under the provisions of the o
California Public Records Act, Government Code Section 6250 et (the "Public Records
Act"), The PARTIES understand that although all materials received in connection with this °,-
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AGREEMENT are intended for the exclusive use of the PARTIES, they are potentially subject
to disclosure under the provisions of the Public Records Act. o
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LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND L.AMAR CENTRAL 0
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN
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LICENSE AGREEMENT BETWEEN
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THE CITY OF SAN BERNARDINO AND v
LAMAR CENTRAL OUTDOOR,LLC FOR o
OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below. m
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Dated: , 2016 OWNER: Lamar Central Outdoor, LLC y_
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By:
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Dated , 2016 CITY OF SAN BERNARDINO
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By:
Mark Scott, City Manager .0i
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APPROVED AS TO FORM: �°
Gary D. Saenz, City Attorney m
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LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAMAR CENTRAL �
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN
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