HomeMy WebLinkAbout27-Public Works
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_ REQUE;;i lFOR COUNCI~~TI~N
CITY OF SAN BERNARDINO
From:
Roger G. Hardgrave
Public Works/Engineering
September 16, 1985
Subject:
Resolution Abandoning
Procedures: Proposed Orange
Show Road Improvement Oistrict
Dept:
Date:
02-07-83 -- Resolution approving petition and waiver
and approving boundary map.
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Synopsis of Previous Council action:
Recommen-:led motion:
Adopt Resolution
cc: John Matzer Jr., City Administrator
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Signature
Contact person ~
Verne Nadeau
Phone:
5026
3
Supporting data attached: _ Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
none
Source:
Finance:
Council Notes:
1
75-0262
Agenda Item N~ I
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Clt-t OF SAN BERNARDQa -
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REQU~T FOR COUNCIL AC....ON
STAFF REPORT
On January 28,1983, a petition was received from the owners of
the land located between Orange Show Road and Camino Real (old
sewer plant 1/1 property) for the improvement of proposed
streets within the area under the provisions of the 1913-15
Acts.
On February 7, 1983, Resolution No. 83-35 was adopted approving
the petition and waiver of property owners and approving the
District 80undary Map. The map was recorded on May 19, 1983.
Since that time, no action has been taKen by the owners to
pursue the district or the proposed development, and the
proceedings have been held in abeyance.
8ased on the above and the City's new policy relative to
financing of assessment districts, it is the recommendation of
this office that the proceedings be abandoned and the files in
Finance and Public WorKS be closed.
2
75-0264
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO ABANDONING
PROCEEDINGS UNDER THE a1PROVEMEtIT ACT OF 1913, IN THE AREA NORTH
OF CENTURY AVENUE AND WEST OF CAMINO R._..L, FOR THE CONSTRUCTION
OF ALL OFF-SITE IMPROVEMENTS IN THE CITY OF SAN BERNARDINO,
CALIFORNIA.
WHEREAS, the r~ayor and Common Council of the City of San
Bernardino on the 7th day of February, 1983, passed and adopted a
Resolution Approving Petition and Waiver of Property Owners for
special assessment proceedings and approving Boundary Map
attached thereto and directing filing with the City Clerk and
recording wi th the County Recorder, being Resolution No. 83-35,
, and
WHEREAS, Assessment District Map No. 957 was filed in the
office of the County Recorder of San Bernardino County,
California, on the 19th day of May, 1983, in Book 28 of
Assessments, page 37.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DO HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the r~ayor and Common Council of the City
of San Bernardino hereby order that proceedings described in said
Resolution be abandoned and the proceedings terminated.
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I a certified copy of this Resolution Abandoning Proceedings to the
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SECTION 2.
The City Clerk hereby is directed to present
County Recorder's Office for recording and for indexing in the
Book of Assessments.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the Ci ty of San
Bernardino at a
meeting thereof, held on the
day of
, 1985, by the following
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vote, to-iwit:
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~YES:
~AYS:
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ABSENT:
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Council Members
City Clerk
The foregoing resolution is hereby approved this
day of , 1985.
Mayor of the City of San Bernardino
Approved as to form:
Ci ty Attorney
2
1 $2,000. Licensee further agrees to complete a beautification
2 project started in 1984 as a condition of approval for use of
3 Perris Hill and Wildwood parking lots in 1984 pursuant to a
4 License Agreement enter~d into between the parties on October 24,
5 1984. Said uncompleted projects assigned in 1984 were the YMCA
6 facility located at Sixth Street and Arrowhead Avenue and
7 adjacent to the wall at Roesch Lines on 9th Street. Licensee
8 shall provide the City Administrator with quarterly progress
9 reports of the beautification projects assigned to Licensee.
10
11
6.
Maintenance and Operation.
(a) Licensee shall, at its expense, obtain all of the
12 necessary licenses, permits, etc., required under this license.
13
(b) Licensee shall keep the Christmas Tree Lots and
14. surrounding area clean at all times.
15
7.
Licensee to Bear All Losses of Merchandise. Licensee
16 shall bear all losses for any'da~agE!rO'o~osses of 'merchandise
17 or equipment while on the premises of City without recourse
18 against City.
19
8.
Liability Insurance. Licensee agrees to procure and
20 maintain in force during the term of this license agreement and
21 any extension, at its expense, public liability insurance in
22 companies and through brokers approved by City, adequate to
23 protect against liability resulting from, arising out of, or in
24 any way connected with, the erection of the Christmas Tree Lots,
25 and the occupation or use of'Perris Hill Parking Lot and Wildwood
26 Parking Lot as Christmas Tree sales and storage areas, in a
27 minimum amount of at least one million dollars combined single
28 limit.
Licensee shall provide to
City's Risk Management Division
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1 a certificate of insurance and an additional insured endorsement
2 which provides:
3
(a) The City of San Bernardino is named as an
4 additional insured.
5
(b) The insurance company name, policy number, period
6 of coverage and the amount of insurance.
7
(c) That the City Clerk of the City of San Bernardino
8 must be given notice in writing at least 30 days prior to
9 cancellation, material change or refusal to renew the policy.
10
(d) That Licensee's insurance will be primary to any
11 coverage the City of San Bernardino may have in effect.
12
9.
Indemnification. Licensee shall exercise its
13 privileges under this license at its own risk. Irrespective of
14 any negligence of City, Licensee shall indemnify and hold
15 harmless City, its elective and appointive boards, commissions,
16 officers, agents7~na~employees from liability resulting from,
17 arising out of, or in any way connected with, the erection of the
18 Christmas Tree Lots, the occupation or use of the Perris Hill
19 Parking Lot and Wildwood Parking Lot by Licensee, both during and
20 after the erection of the fencing and improvements thereon
21 throughout the term hereof and until the lots are restored to
22 their original condition, including claims resulting from the
23 conduct of Licensee, its employees, invitees, guests or agents of
24 Licensee, or Licensee's failure to perform its promises in
25 connection therewith. Licensee shall defend City, its elective
26 and appointive boards, commissions, officers, agents and
27 employees from any suits or actions at law or in equity for
28 damages caused, or alleged to have been caused, by reaon of any
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1 of Licensee's operations under this license agreement. City
2 shall not be liable to Licensee if Licensee's occupation or use
3 of the property is hindered or disturbed.
4 10. Signs. Licen~ee shall not erect any signs without the
5 prior written approval of the City Administrator.
6 11. Waiver. Waiver by City of any breach of any provision
7 of this license agreement does not waive any subsequent breach of
8 the same or any other provision.
9 12. Notices. All notices relating to this license
10 agreement shall be in writing and delivered in person or sent by
11 certified mail, postage prepaid, addressed as follows:
12
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City of San Bernardino
City Administrator
300 North "0" Street
San Bernardino, CA 92418
San Bernardino YMCA
216 West 6th Street
San Bernardino, CA 92401-1290
15 13. Assignment. No assignment of this license by Licensee,
16 it"s="s uccess Dr 5 ; legal representatives or as'signs, or any
17 subsequent assignee, shall be binding upon City without the
18 written consent of City in each instance. City shall not
19 unreasonably withhold its consent.
20 14. Amendment. This license agreement may be amended or
21 modified only by written agreement signed by both parties.
22 15. Free of Liens. Licensee shall payor cause to be paid
23 all costs of erection of the Christmas Tree Lots and shall keep
24 the property free and clear of any and all claims arising out of
25 the performance of work or furnishing of materials for erection
26 of the Christmas Tree Lots, and shall pay all expenses for the
27 restoration of the areas utilized to the same condition in which
28 they were originally found at the commencement of the license.
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1 16. Possessory Interest. Licensee recognizes and
2 understands that this license agreement may create a possessory
3 interest subject to property taxation and that Licensee may be
4 subject to the payment 9f property taxes levied on such interest
5 under California Revenue and Taxation Code Section 107. Licensee
6 agrees to and shall hold harmless the City from any and all
7 liabi Ii ty for any such taxes.
8 17. To assure full compliance with this agreement, and to
9 reimburse City for the expense to City of restoration of the
10 areas utilized for Christmas tree sales and for fence poles,
11 before undertaking any occupancy of this property, Licensee shall
12 post a $2,000 cash bond with City, or with a responsible bank or
13 trust company at the option of City, time certificates of deposit
14 in the name of the City, or a power of attorney and assignment
15 and delivery to the City of a time certificate of deposit, a
.:_~ .=-" 1'6 deposit: of money or negotiable bonds or an approved instrument of
17 credit from a financial institution subject to withdrawal by City
18 pledging that the necessary funds are on deposit and guaranteed
19 for payment, as security to guarantee the faithful performance
20 and completion of the terms and conditions of this license
21 agreement, which time certificate of deposit, deposit of cash or
22 negotiable instruments, instrument of credit or other security
23 form shall be in a sum not less than $2,000. Said funds shall be
24 returned or released to the Licensee, less all reasonable
25 expenses incurred by the City under the provisions of Paragraphs
26 3 and 4 hereof, with the balance to be released or paid to
27 Licensee within ten days following the date upon which compliance
28 with all terms and conditions of this License Agreement is
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1 established.
2 IN WITNESS WHEREOF, the parties hereto have executed this
3 License Agreement on the day and year first hereinabove written.
4
5 ATTEST:
CITY OF SAN BERNARDINO
6
By
Mayor
7 City Clerk
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9
to
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SAN BERNARDINO YMCA
By
Title
12 Approved as to form:
~/Ia/ev
14 Cl. ty A torney
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