HomeMy WebLinkAbout05.F- Community Development City Council Agenda Report
t Meeting Date: (December/5/2016)
From:
By: Director
[Staff Person Who Prepared the Agenda Item]
Subject
Resolution of the Mayor and Common Council of the City of San Bernardino, California
Approving and Authorizing the Execution of a License Agreement for a Freestanding
Freeway-Oriented Electronic Message Center Sign Located at 1630 S. "E" Street (Apn:
0141-253-02)Within the Commercial General (Cg-1) Zone
Synopsis of Previous Council Action
On July 5, 2016, the Mayor and Common Council adopted Resolution No. 2016-142
approving Conditional Use Permit 16-03 and License Agreement. Because the License
Agreement was not returned fully executed by Lamar Central Outdoor within the
required sixty (60) days from the approval date of the Resolution, a new approval of the
License Agreement is being requested. For personal and business reasons, the
authorized officer for Lamar Central Outdoor was not available for his signature.
There have been no changes to the License Agreement or original City Council
Resolution. The MCC is being asked to readopt the identical resolution as approved on
July 5, 2016.
Background
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 Mayor and Common Council approved
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.
Additionally, pursuant to §19.22.080(2)(G) of the City of San Bernardino Development
Code, as a Condition of Approval for Conditional Use Permit 16-03, the Mayor and
Common Council also approved a License Agreement which includes provisions for
signage content and "air time" for public service announcements.
Analysis
License Agreement - Pursuant to §19.22.080(2)(G) of the City of San Bernardino
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City Council Agenda Report
(awl, 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.
Conclusion
The terms and conditions of the License Agreement presented are exactly the same as
previously approved by the Mayor and Common Council.
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: Resolution
Attachment 2: License Agreement
Attachments
Attachments:
Attachment 1 - Resolution (DOC)
agrmt 4738 (PDF)
Ward:
Synopsis of Previous Council Actions:
Insert information in list form if applicable.
Current Business Registration Certificate: [Applicable/Not Applicable]
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5.F.a
U 1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA APPROVING AND AUTHORIZING THE
3 EXECUTION OF A LICENSE AGREEMENT FOR A FREESTANDING FREEWAY-
4 ORIENTED ELECTRONIC MESSAGE CENTER SIGN LOCATED AT 1630 S. "E"
STREET (APN: 0141-253-02) WITHIN THE COMMERCIAL GENERAL (CG-1)
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6 WHEREAS, on July 5, 2016, pursuant to the requirements of §19.36.020 and
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§19.22.080(7) of the City of San Bernardino Development Code, the Mayor and Common w
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9 Council adopted Resolution No. 2016-142 approving Conditional Use Permit 16-03 to allow
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10 the development, establishment and operation of a freestanding freeway-oriented electronic
11 message center sign that is approximately fifty (50) feet in height with two (2) displays E
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12 (double-sided) containing approximately 672 (14' x 48') square feet each, on a parcel
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13 containing approximately 3.3 acres; and
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WHEREAS, pursuant to the requirements of §19.22.080(2)(G) of the City of San co
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16 Bernardino Development Code, as part of the approval for Conditional Use Permit 16-03, a
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17 "License Agreement Between the City of San Bernardino and Lamar Central Outdoor, LLC
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18 for Off-Site Electronic Message Center Freeway Sign," is required; and
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WHEREAS, the applicant failed to return the fully executed License Agreement
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within the required 60 days thereby voiding the Agreement.
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22 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
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23 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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24 SECTION 1. The Mayor and Common Council find that the above-stated Recitals a
25 are true and hereby adopts and incorporates them herein.
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27 SECTION 2. — License Agreement between the City of San Bernardino and Lamar
28 Central Outdoor LLC for Off-Site Electronic Message Center Freeway Sin attached hereto
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1 as Exhibit A and incorporated herein by reference, is hereby approved and the City Manager
2 is authorized to execute the Agreement on behalf of the City.
3 SECTION 3. —That the above approval and authorization is rescinded and be deemed
4 void and of no further effect if the agreement is not returned fully executed by both parties to
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the Office of the City Clerk within sixty(60) days from the passage of the Resolution. c
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA APPROVING AND AUTHORIZING THE
2 EXECUTION OF A LICENSE AGREEMENT FOR A FREESTANDING FREEWAY-
ORIENTED ELECTRONIC MESSAGE CENTER SIGN LOCATED AT 1630 S. "E"
3 STREET (APN: 0141-253-02) WITHIN THE COMMERCIAL GENERAL (CG-1)
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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6 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the -°a
7 day of , 2016,by the following vote to wit: o
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9 Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ
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11 BARRIOS E
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12 VALDIVIA
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SHORETT a
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15 NICKEL 00
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16 RICHARD
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17 MULVIHILL '
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19 Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this day of , 2016.
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23 R. CAREY DAVIS, Mayor
24 Approved as to form: City of San Bernardino a
Gary D. Saenz, City Attorney
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27 By:
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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
This License Agreement (the "AGREEMENT") is entered into this _ day of ,
20__, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
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AND,
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Lamar Central Outdoor, LLC, a Limited Liability Company, incorporated under the laws `wL°
of the State of Delaware (individually CITY or OWNER may be referred to as a d
"PARTY"and collectively CITY and OWNER may be referred to as the"PARTIES"). v
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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
this reference (the"PROPERTY"); and a,
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WHEREAS,the Mayor and Common Council of CITY have determined that an Off-Site
Electronic Message Center Freeway Sign (the "SIGN") is an appropriate use of the PROPERTY;
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WHEREAS, the SIGN will provide additional advertising opportunities for CITY
businesses and provide a medium for the CITY to communicate important civil and community co
events to CITY residents and interested individuals; and,
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WHEREAS, this AGREEMENT is intended to set forth the terms and conditions 14
regarding the development, maintenance, and use of the SIGN on the PROPERTY and the
agreed upon revenue sharing arrangement; and, E
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WHEREAS, CITY will receive benefits from this AGREEMENT in the form of (i) Q
revenue sharing from the SIGN; and (ii) the CITY's opportunity to display community-oriented
messages, infonnational announcements, and to promote the overall positive image of the City of
San Bernardino on the SIGN - all as set forth in this AGREEMENT;and,
WHEREAS, on June _, 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,
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
approved by the Mayor and Common Council of CITY; and,
WHEREAS, this AGREEMENT satisfies that requirement for a license agreement as
stated in Development Code Section 19.22.080(7)(6) and Conditional Use Permit No. 16-03.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. COMMENCEMENT.
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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: O
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(a)CITY has issued Building Permit(s)for construction of the SIGN; and, v
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(b) OWNER has notified CITY in writing that the SIGN has been fully constructed, E
tested and is ready for immediate commercial use; and �
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(c)CITY has approved Final Inspection of the construction of the SIGN. d
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2. SIGN INSTALLATION AND OPERATION. a,
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2.1 Installation. Owner agrees to install and maintain in good condition the SIGN
visible to motorists on I-215 as approved by the CITY with Conditional Use
Permit No. 16-03. J
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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 0
withheld. As of the Commencement Date of this Agreement, City acknowledges
that the Sign complies with all applicable ordinances, orders, and all other
requirements of the City. a,
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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
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
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
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
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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the SIGN shall be equal to the greater of: (1) five thousand dollars($5,000.00)per
year or (2) five percent (5%) of the gross annual income realized from operation
of the SIGN ("Annual Monetary Value"). For each year that CITY does not
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
below. OWNER may grant additional airtime to CITY on a "space available
basis" or otherwise at OWNER's sole discretion. All other uses of the SIGN shall
be at OWNER's sole and absolute discretion in accordance with the provisions of
this AGREEMENT and all applicable Federal, State and local Iaws and
regulations. CITY may not sell or otherwise allow any of its allotted time to be
used by any other third party without the express written consent of OWNER, L
which consent may be withheld in OWNER's sole and absolute discretion. All a
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 0
CITY's sole expense. The City Manager shall submit the CITY's messages and
announcements to OWNER, or designee, at least 48 hours prior to scheduled v
display of the message on the SIGN.
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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
Agreement. Owner shall make any required Annual Monetary Value Payment
within thirty (30) days after the end of each year of the Agreement. Payments
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 a
reflecting the calculation of the Annual Monetary Value. The Annual Monetary
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 -'
payable, accompanying the Annual Monetary Value .Payment. OWNER shall co
maintain accurate financial books and records for the operation of the SIGN. Said
books and records shall be maintained in accordance with normal business 00
standards and good accounting practice. OWNER agrees to make any and all
records and accounts available to CITY for inspection at all reasonable times, so
that CITY can determine OWNER's compliance with this AGREEMENT.
2.6 Sign Content. OWNER and CITY agree to comply with all applicable laws,rules,
ordinances and regulations concerning the content of any and all messages E
displayed on the SIGN. Further, OWNER agrees not to display messages with
content advertising adult entertainment, tobacco products, marijuana or alcoholic Q
beverages, with the exception that OWNER may advertise events or other
functions that are sponsored by companies affiliated with alcoholic beverages.
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
to approve any and all content of messages to be displayed on the SIGN in
accordance with the provisions of this AGREEMENT and all applicable Federal,
State and local laws and regulations.
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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3. ,
TERM• TERMINATION.
3.1 Tenn. The term of this AGREEMENT shall be from the Commencement Date, as
defined in Section 1 above, and shall continue for so long as the SIGN remains in
existence, unless terminated sooner pursuant to Section 3.2, herein.
3.2 Termination. This AGREEMENT may be terminated at any time by thirty (30)
days written notice by OWNER. CITY may terminate this AGREEMENT only
upon material breach of the AGREEMENT by OWNER and then only after CITY
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
OWNER is afforded at least 30 days to cure any alleged breach except that as to -0°a
any breach related to SIGN content, in which case OWNER shall immediately O
cure the breach upon notice provided by CITY. The terms of this contract shall
remain in force unless mutually amended. In the event of termination of this
AGREEMENT, OWNER shall remove the SIGN within 30 days. v
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4. INDEMNITY. E
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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
asserted upon any actual or alleged act or omission of OWNER, its employees, agents, or v,
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
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
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 r
omissions. OWNER hereby waives any and all rights to any types of express or implied M
indemnity against the CITY, its elected officials, employees, agents or representatives, with
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.
5. INSURANCE.
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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
(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.
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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sue:
(b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with
a policy limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(c) Worker's compensation insurance as required by the State of California.
5.2 Endorsements. The comprehensive general liability insurance policy shall contain
or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds with
respect to this subject project and contract with City." °o
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(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the O
coverage reduced, until thirty(30) days after written notice is given to City."
(c) Other insurance: "Any other insurance maintained by the City of San v
Bernardino shall be excess and not contributing with the insurance provided
by this policy."
5.3 Certificates of Insurance. OWNER shall provide to CITY certificates of insurance
showing the insurance coverages and required endorsements described above, in a E
form and content approved by CITY, prior to performing any services under this
Agreement. a
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5A Non-limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained within this Agreement, or the extent to J
which OWNER may be held responsible for payments of damages to persons or
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property.
6. NON-DISCRIMINATION. 00
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In the performance of this Agreement and in the hiring and recruitment of employees, OWNER E
shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in
employment of persons because of their race, religion, color, national origin, ancestry, age,
mental or physical disability, medical condition, marital status, sexual gender or sexual
orientation, or any other status protected by law.
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7. INDEPENDENT CONTRACTOR. a
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.
OWNER shall secure, at its expense,and be responsible for any and all payment of Income Tax,
Social Security, State Disability insurance Compensation, Unemployment Compensation, and
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
OUTDOOR,LLC FOR OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
OWNER warrants that it possesses or shall obtain prior to execution of this Agreement, and
maintain, a business registration certificate pursuant to Chapter 5 of the Municipal Code,and any
other licenses, permits, qualifications, insurance and approval of whatever nature that are legally
required of OWNER to practice its business or profession.
9. NOTICES.
Any notices,documents, correspondence, or other communication concerning this Agreement or o
the services provided hereunder may be provided by personal delivery or U.S.Mail. If personally �o
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. O
Mail as reflected by the official U.S.postmark. r
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TO THE CITY: TO THE OWNER: E
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City Manager E Street Holdings, LLC
300 N. "D" Street, 61"Floor 11873 Sandra Court
San Bernardino,CA 92418 Lorna 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
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the other PARTY in conformity with this Section.
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10. ATTORNEYS' FEES
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In the event that litigation is brought by any PARTY in connection with this Agreement, the .d
prevailing party shall be entitled to recover from the opposing party all costs and expenses, co
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
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 E
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
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purposes of this paragraph.
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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
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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.
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
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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Bernardino. The aforementioned choice of venue is intended by the parties to be mandatory and
not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed and construed under the laws of the State of California
without giving effect to that body of laws pertaining to conflict of laws.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement L
and their respective heirs, representatives, successors, and assigns. .°oa
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15. HEADINGS. 0
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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 v
provisions. E
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16. SEVERABILITY. Y
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If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable for any reason, such detennination shall not affect the validity or a,
enforceability of the remaining terms and provisions hereof or of the offending provision in any a
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other circumstance, and the remaining provisions of this Agreement shall remain in full force =
and effect.
17. REMEDIES; WAIVER. co
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All remedies available to either PARTY for one or more breaches by the other PARTY are and co
shall be deemed cumulative and may be exercised separately or concurrently without waiver of "'
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any other remedies.
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
require such performance or compliance. No waiver of any provision of this Agreement shall be E
effective unless made in writing and signed by a duly authorized representative of the PARTY 0
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
occurrences or events and shall not be deemed a continuing waiver.
18. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement and the understanding between the PARTIES,
and supersedes any prior agreements and understandings relating to the subject matter of this
Agreement.
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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19. COUNTERPARTS.
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
executing (or on whose behalf such signature is execute) with the same force and effect as if
such facsimile or".pdf'signature page were an original thereof.
20. AMENDMENT. L
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No amendment to this Agreement will be effective unless it is in writing and signed by both
PARTIES. 0
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21. CORPORATE AUTHORITY. v
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Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are E
duly authorized to execute this Agreement on behalf of said PARTIES and that by doing so, the
PARTIES hereto are formally bound to the provisions of this Agreement. Z
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22. COMPLIANCE WITH LAW
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OWNER agrees to abide by all federal, state, and local laws, ordinances and regulations. `t
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23. FORCE MAJEURE.
A PARTY shall not be liable for any failure or delay in the performance of this Agreement for M
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 co
other force majeure event.
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24. ORDER OF PRECEDENCE. F
In the event of any inconsistency or conflict in this Agreement and any of the attached Exhibits
or Attachments,the terms set forth in this Agreement shall prevail. s
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25. REGULATORY AUTHORITY Q
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
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
operation of the PROPERTY and SIGN, shall at all times comply with all applicable laws in the
performance of this AGREEMENT and agrees that"all applicable laws" as used herein includes
any legal requirement imposed by CITY acting not as a Party to this AGREMENT but in its
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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capacity as a governmental regulatory body. OWNER agrees that all costs in complying with
applicable laws are the sole responsibility of OWNER.
26. CONSTRUCTION.
The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the
event an ambiguity or question of intent or interpretation arises with respect to this Agreement,
this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with
its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any
Party by virtue of authorship of any of the provisions of this Agreement.
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27. CONDEMNATION o
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If any legally, constituted authority condemns the PROPERTY or SIGN or such part thereof O
which shall make the PROPERTY or SIGN unsuitable for the purposes contemplated by this
AGREEMENT,this AGREEMENT shall cease when the public authority takes possession. Such v
termination shall be without prejudice to the rights of either PARTY to recover compensation L
from the condemning authority for any loss or damage caused by the condemnation including E
money spent on capital improvements to the PROPERTY or SIGN. Neither PARTY shall have _J
any rights in or to any award made to the other by the condemning authority.
28. PUBLIC RECORDS DISCLOSURE
All information received by CITY concerning this AGREEMENT, including the AGREEMENT a
itself, may be treated as public information subject to disclosure under the provisions of the
California Public Records Act, Government Code Section 6250 et sea. (the "Public Records U
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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 v
to disclosure under the provisions of the Public Records Act.
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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
Page 9 of 10
Packet Pg. 116
LICENSE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
LAMAR CENTRAL OUTDOOR,LLC FOR
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.
Dated: 12016 OWNER: Lamar Central Outdoor, LLC
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Dated , 2016 CITY OF SAN BERNARDINO
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Mark Scott, City Manager
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APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
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LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAMAR CENTRAL
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Page 10 of 10
Packet,Pg. 117