HomeMy WebLinkAbout28-City Attorney
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CI'L': OF SAN BERNARDO - REQUOT FOR COUNCI~~
From:
Ralph H. Prince
City Attorney
Subject:
Use of perris Hill and
Wildwood Parking Lots by YMCA
for sale of Christmas Trees
Dept:
Date: September 27, 1985
Synopsis of Previous Council action:
9/13/85
Mayor and Council granted YMCA use of the parking lots
at perris Hill and wildwood Parks for the sale of
Christmas Trees.
Recommen-:led motion:
Adopt resolution.
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Signature
Contact person: William Sabourin
Phone: 5055
Supporting data attached: Yes
Ward: Second & Fourth
FUNDING REQUIREMENTS:
Amount:
Sou rce:
Finance:
Council Notes:
75.0262
Agenda Item ~ J1
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1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT WITH THE SAN BERNARDINO YMCA FOR
3 USE OF PERRIS HILL AND WILDWOOD PARKING LOTS AS CHRISTMAS TREE
SALES LOTS.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City a License
8 Agreement with the San Bernardino YMCA for use of perris Hill and
9 wildwood Parking Lots as Christmas tree sales lots, a copy of
10 which is attached hereto, marked Exhibit "A" and incorporated
11 herein by reference as fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a
meeting thereof, held on
15 the
day of
, 1985, by the following vote,
16 to wit:
17
18
AYES:
Council Members
19 NAYS:
20 ABSENT:
21
22
23
24 of
City Clerk
The foregoing resolution is hereby approved this
day
, 1985.
25
Mayor of the City of San Bernardino
26 Approved as to form:
YH?~
torney
27
28
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1 LICENSE AGREEMENT
2
3
4
(Perris Hill and Wildwood Parking Lots)
THIS LICENSE AGREEMENT is entered into this
day of
5 BERNARDINO, a municipal corporation, referred to as "City", and
, 1985, by and between the CITY OF SAN
6 the SAN BERNARDINO YMCA, a California nonprofit corporation,
7 ref erred to as "Licensee".
8 City and Licensee agree as follows:
9 1 . Recitals.
10 (a) Licensee has requested permission from City to use
11 City property from November 10, 1985, through January 2, 1986 for
12 Christmas Tree Sales lots.
13
(b) City is willing to grant permission to Licensee
14 for such use of City property upon the conditions set forth in
15 this license agreement.
16
2.
License Granted. City grants to Licensee a revocable
17 license to erect Christmas Tree lots in a portion of Perris Hill
18 Parking Lot and Wildwood Parking Lot. This permission is subject
19 to any conditions imposed by the City Engineer, Superintendent of
20 the Building and Safety Department, and Director of Parks,
21 Recreation and Community Services of City.
22
3.
Location of Lots. Licensee shall erect the Christmas
23 Tree lots in the following locations:
24
25
26
27
28
Perris Hill Parking Lot - South end of parking lot,
due south of Harrison Street, west of the shooting
range and Fiscalini Field. The approximate location
is shown on the diagram attached as Exhibit A, with
the exact location to be determined by the Director
of Public Works/City Engineer. The tree lot will be
200' x 125' and Licensee shall at its sole expense
furnish lights, trailer, phone, restrooms and trash
bins. Licensee may install posts in the ground for
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1 a lighting system. Licensee shall surround the lot by a 6'
chain link fence and provide a 40' x 15' X 15' flocking
2 shed and storage area. The lot shall be occ.upied 24 hours
a day by representatives of Licensee to insure
3 security.
4 Wildwood Parking Lot - Southwest corner of parking
lot at the corner of 40th and Waterman. The
5 approximate location is shown on the diagram attached
as Exhibit B, with the exact location to be
6 determined by the Director of Public Works/City
Engineer. The tree lot will be 75' x 90' and be
7 furnished by Licensee at its own expense with lights,
trailer, phone, restroom, and trash bins. Licensee
8 may install posts in the ground for a lighting system.
Licensee shall surround the lot by a 6' chain link fence
9 and provide a 30' x 15' flocking shed and tree storage
area. The lot will be occupied 24 hours a day by
10 representatives of Licensee to insure security.
11 As to each such lot, Licensee shall reimburse City for the
12 expense of filling all post holes cut in the black top, and any
13 other expenses incurred by City in restoring the property, as
14 specified hereinafter.
15
4.
Term. This license shall commence on November 10,
16 1985, and terminate on January 2, 1986. Either party to this
17 license agreement may terminate this license by giving the other
18 party ten days' advance written notice of termination. Upon
19 termination of this license, Licensee sh~ll remove said Christmas
20 Tree Lots and City crews shall restore City's property to the
21 same condition as it existed prior to Licensee's use, and shall
22 deduct the cost of such restoration from the $2,000 cash bond to
23 be posted by Licensee in accordance with Paragraph 17 herein.
24
5 .
Consideration. As consideration for this license
25 agreement, Licensee shall participate in the City's
26 beautification program, which participation shall consist of
27 planting bushes or trees in the equivalent amount of $2,000, or
28 such other work as the City may determine in the amount of
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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 entered into between the parties on October 24,
5 1984. Said uncompleted project assigned in 1984 was the YMCA
6 facility located at Sixth Street and Arrowhead Avenue. Licensee
7 shall provide the City Administrator with quarterly progress
8 reports of the beautification projects assigned to Licensee.
9 6. Maintenance and Operation.
10 (a) Licensee shall, at its expense, obtain all of the
11 necessary licenses, permits, etc., required under this license.
12 (b) Licensee shall keep the Christmas Tree Lots and
13 surrounding area clean at all times.
14 7. Licensee to Bear All Losses of Merchandise. Licensee
15 shall bear all losses for any damage to or losses of merchandise
16 or equipment while on the premises of City without recourse
17 against City.
18 8. Liability Insurance. Licensee agrees to procure and
19 maintain in force during the term of this license agreement and
20 any extension, at its expense, public liability insurance in
21 companies and through brokers approved by City, adequate to
22 protect against liability resulting from, arising out of, or in
23 any way connected with, the erection of the Christmas Tree Lots,
24 and the occupation or use of Perris Hill Parking Lot and Wildwood
25 Parking Lot as Christmas Tree sales and storage areas, in a
26 minimum amount of at least one million dollars combined single
27 limit. Licensee shall provide to City's Risk Management Division
28 a certificate of insurance and an additional insured endorsement
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I which provides:
2 (a) The City of San Bernardino is named as an
3 additional insured.
4 (b) The insurance company name, policy number, period
5 of coverage and the amount of insurance.
6 (c) That the City Clerk of the City of San Bernardino
7 must be given notice in writing at least 30 days prior to
8 cancellation, material change or refusal to renew the policy.
9 (d) That Licensee's insurance will be primary to any
10 coverage the City of San Bernardino may have in effect.
11 9. Indemnification. Licensee shall exercise its
12 privileges under this license at its own risk. Irrespective of
13 any negligence of City, Licensee shall indemnify and hold
14 harmless City, its elective and appointive boards, commissions,
15 officers, agents and employees from liability resulting from,
16 arising out of, or in any way connected with, the erection of the
17 Christmas Tree Lots, the occupation or use of the Perris Hill
18 Parking Lot and Wildwood Parking Lot by Licensee, both during and
19 after the erection of the fencing and improvements thereon
20 throughout the term hereof and until the lots are restored to
21 their original condition, including claims resulting from the
22 conduct of Licensee, its employees, invitees, guests or agents of
23 Licensee, or Licensee's failure to perform its promises in
24 connection therewith. Licensee shall defend City, its elective
25 and appointive boards, commissions, officers, agent's and
26 employees from any suits or actions at law or in equity for
27 damages caused, or alleged to have been caused, by reason of any
28 of Licensee's operations under this license agreement. City
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1 shall not be liable to Licensee if Licensee's occupation or use
2 of the property is hindered or disturbed.
3 10. Signs. Licensee shall not erect any signs without the
4 prior written approval of the City Administrator.
5 11. Waiver. Waiver by City of any breach of any provision
6 of this license agreement does not waive any subsequent breach of
7 the same or any other provision.
8 12. Notices. All notices relating to this license
9 agreement shall be in writing and delivered in person or sent by
10 certified mail, postage prepaid, addressed as follows:
11
12
13
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
14 13. Assignment. No assignment of this license by Licensee,
15 its successors, legal representatives or assigns, or any
16 subsequent assignee, shall be binding upon City without the
17 written consent of City in each instance. City shall not
18 unreasonably withhold its consent.
19 14. Amendment. This license agreement may be amended or
20 modified only by written agreement signed by both parties.
21 15. Free of Liens. Licensee shall payor cause to be paid
22 all costs of erection of the Christmas Tree Lots and shall keep
23 the property free and clear of any and all claims arising out of
24 the performance of work or furnishing of materials for erection
25 of the Christmas Tree Lots, and shall pay all expenses for the
26 restoration of the areas utilized to the same condition in which
27 they were originally found at the commencement of the license.
28 16. Possessory Interest. Licensee recognizes and
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I understands that this license agreement may create a possessory
2 interest subject to property taxation and that Licensee may be
3 subject to the payment of property taxes levied on such interest
4 under California Revenue and Taxation Code Section 107. Licensee
5 agrees to and shall hold harmless the City from any and all
6 liability for any such taxes.
7 17. To assure full compliance with this agreement, and to
8 reimburse City for the expense to City of restoration of the
9 areas utilized for Christmas tree sales and for fence poles,
10 before undertaking any occupancy of this property, Licensee shall
II post a $2,000 cash bond with City, or with a responsible bank or
12 trust company at the option of City, time certificates of deposit
13 in the name of the City, or a power of attorney and assignment
14 and delivery to the City of a time certificate of deposit, a
15 deposit of money or negotiable bonds or an approved instrument of
16 credit from a financial institution subject to withdrawal by City
17 pledging that the necessary funds are on deposit and guaranteed
18 for payment, as security to guarantee the faithful performance
19 and completion of the terms and conditions of this license
20 agreement, which time certificate of deposit, deposit of cash or
21 negotiable instruments, instrument of credit or other security
22 form shall be in a sum not less than $2,000. Said funds shall be
23 returned or released to the Licensee, less all reasonable
24 expenses incurred by the City under the provisions of Paragraphs
25 3 and 4 hereof, with the balance to be released or paid to
26 Licensee within ten days following the date upon which compliance
27 with all terms and conditions of this License Agreement is
28 established.
6
4.
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1 IN WITNESS WHEREOF, the parties hereto have executed this
2 License Agreement on the day and year first hereinabove written.
3
CITY OF SAN BERNARDINO
4 ATTEST:
By
Mayor
5
6 City Clerk
7
8
9
10
SAN BERNARDINO YMCA
By
Title
11 Approved as to form:
uf~4~E
13 City torney
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EXHIBIT B