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CITY OF SAN BERNADINO - REQUE~T FaoCOO~CILeeAcTION
Dept:
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Authorization to Execute License
Agreement wi th Century Homes -
Encroachment of a pedestrian
Ramp at 1535 South -D- Street
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ROGER G . HARDGRAVE ;~ ;:: :: 'D . <:y >.. Stib)ect:
Public works/Engineeri?S C"
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Date: 10-18-90
Synopsis of Previous Council ection:
05-21-90 -- Request from Century Homes approved in principle
and City Attorney directed to prepare a standard
License Agreement.
Recommended motion:
c:J Adopt resolution.
cc: Shauna Edwins
Jim Penman
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Contact person:
Roger G. Hardgrave
Staff Report, Agreement
& Resolution
Phone:
5025
Supporting data attached:
Ward:
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FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.l
(Acct. Descriotionl
Finance:
OCil Notes:
Aaenda Item No
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CITY OF SAN BERN~DINO - REQUEST FcQ COUNCIL ACTION
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75.0264
STAFF REPORT
Century Homes requested authorization to construct a
pedestrian ramp within the street right-of-way at their main
office at 1535 South "D" Street. This request was submitted in
order to accommodate the numerous sub-contractors that visit
their office each day. These' sub-contractors usually elect to
park in the street, since they are driving trucks. They then
walk across the parkway which damages the landscaping and
creates potential liability from slips and falls.
At the Council meeting of 5-21-90, the request was
approved in principle and the City Attorney was directed to
prepare a standard form License Agreement to authorize the
encroachment of the ramp in public right-of-way.
The agreement provides, in general, that Century Homes
can construct and maintain the ramp, but must remove it at any
time the City has a need to make public improvements. Also,
Century Homes must procure and maintain liability insurance in
the amount of $1,000,000, and pay a consideration of $500.00.
A request has been submitted to Century Homes for
payment of the $500.00 consideration.
10-18-90
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CENTURY HOMES RELATING TO
3 CONSTRUCTION OF A PEDESTRIAN RAMP AT 1535 SOUTH "D" STREET.
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BE IT RESOLVED BY' THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor is hereby authorized and directed
to execute on
behalf of
said City an Agreement with Century
Homes,
relating to
construction of a pedestrian ramp at 1535
South "D" Street, a copy' of said agreement is attached hereto,
marked Exhibit "An, and incorporated herein by reference as fully
as though set forth at length.
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SECTION 2.
This agreement and any amendments or
modifications thereto shall not take effect or become operative
until fully signed and executed by the parties and no party shall
be obligated hereunder until the time of such execution. No oral
agreements, amendments, modifications or waivers are intended or
authorized and shall not be implied from any act or course of
conduct of any party.
SECTION 3. This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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10/18/90
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AUTHORIZING AGREEMENT WITH CENTURY HOMES RELATING
TO CONC.UCTION OF PEDESTRIAN RM()AT 1535 SO.
"D" ST.
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I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
meeting thereof, held on the
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day of
, 1990, by the following vote, to-
5 wit:
6 Council Members:
7 ESTRADA
8 REILLY
9 FLORES
10 MAUDSLEY
11 MINOR
AYES
NAYS
ABSTAIN
12 POPE-LUDLAM
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MILLER
City Clerk
The foregoing resolution is hereby approved this
, 1990.
day of
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W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
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10/18/90
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EXHIBIT -A-
AGREEMENT
(License for Encroachment)
This AGREEMENT is entered into this
day of
5 , 1990, by and between the CITY OF SAN BERNARDINO, a
6 municipal corporation, referred to as "City., and CENTURY HOMES,
7 referred to as "Licensee".
8 City and Licensee agree as follows:
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1. Recitals.
(a) Licensee has requested permission from City for
11 the encroachment of a pedestrian ramp in the street right of way
12 at 1535 South "D" Street.
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(b) Ci ty is willing to grant permission to Licensee
for said construction and installation to the extent to which
such permission may be given by City, upon the conditions set
16 forth in this agreement.
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2. License Granted. City grants permission to Licensee to
18 construct and install a Pedestrian Ramp, (36) thirty-six feet in
19 length, five (5) feet in width, and with an (8.3%) eight and 3/10
20 per cent maximum slope to provide access to the office of CENTURY
21 HOMES in the street right of way at 1535 South "D" Street as
22 depicted on a drawing on file in the office of the Director of
23 Public Works/City Engineer of the City of San Bernardino.
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3.
Construction/Installation.
Licensee agrees to
25 construct and install the Pedestrian Ramp in accordance with the
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drawing on file.
No alterations or changes from said drawing
shall be made without first receiving written approval from the
BAS/mgl [license. agr]
October 9, 1990
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City of San Bernardino.
4. Ru1es and Regu1ations.
Licensee sha11 observe all
rules, regulations, ordinances and enactments of City and all
applicable statutes of the State of California in constructing,
installing and maintaining the sign.
5. Re1ocation. Should City ever determine a need to make
7 public improvements in the area covered by this agreement, or
8 shall otherwise require modification or removal of the
9 encroaching structure, Licensee agrees to cooperate with all
10 reasonable requests of the City as necessary to accommodate the
11 city's need.
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6.
Liabi1ity Insurance.
Licensee agrees to procure and
13 maintain in force during the term of this agreement, and any
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extension, at its expense, liability insurance in the amount of
$1,000,000, to protect against liability resulting from, arising
16 out of, or in any way connected with, the construction,
17 installation and maintenance of the structure installed hereunder
18 by Licensee or any of its officers, contractors, agents or
19 employees. City shall be set out as additional named insured in
20 such policy. Licensee shall provide to City's Risk Management
21 Division proof of such insurance, before execution of this
22 agreement by City.
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7.
Tit1e of Property.
Licensee acknowledges the title
24 and paramount interest of City to the public right-of-way, and
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agrees never to contest said title or interest.
Licensee shall
26 not obtain any prescriptive rights hereunder.
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III
BAS/mgl [license. agr]
October 9, 1990
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8.
I:nde.nification.
Licensee shall exercise its
privileges under this license at its own risk.
Licensee .shall
3 indemnify and hold harmless City, its elective and appointive
4 boards, commissions, officers, agents and employees from
5 liability resulting from, arising out of, or in any way connected
6 with, the construction or installation of any structure
7 referenced to in this license, the occupation or use of the
8 public areas of such structure, both during and after the
9 installation thereof, including claims resulting from the conduct
10 of Licensee, its employees, invitees, guests or agents of
11 Licensee, or Licensee's failure to perform its promises in
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connection herewith.
Licensee shall defend City, its elective
13 and appointive boards, commissions, officers, agents and
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employees from any suits or actions at law or in equity for
15 damages caused, or alleged to have been caused, by reason of any
16 of Licensee's operations under this agreement.
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9. Waiver. Waiver by City of any breach of any provision
18 of this agreement does not waive any subsequent breach of the
19 same or any other provision.
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10.
Notice. All notices relating to this agreement shall
21 be in writing and delivered in person or sent by certified mail,
22 postage prepaid, addressed as follows:
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AS TO CI:TY:
AS TO LI:CENSEE:
City of San Bernardino
300 North "0" Street,
Room 668
San Bernardino, CA 92418
ATTENTI:ON:
Real Property Division
Century Homes
6867 Airport Dr.
Bldg. 100
Riverside, CA 92504
ATTENTION:
Alexis Gevorgian
Project Manager
BAS/mgl [license. agr]
October 9, 1990
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Ass~gn.ent.
No assignment of this agreement by
Licensee,
its successors, legal representatives or assigns, or
3 any subsequent assignee, shall be binding upon City without the
4 prior written consent of ,City in each instance. City shall not
5 unreasonably withhold its consent.
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12. Amendment. This agreement may be amended or modified.
Term.
The term of this agreement shall be for a
13.
8 period of ten (10) years, commencing upon execution of this
9 agreement. This agreement will renew itself thereafter from year
10 to year, unless either party notifies the other in writing of
11 termination as provided in Paragraph 19 of this agreement.
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14.
Cons~derat~on. Licensee shall pay to City the sum of
13 FIVE HUNDRED DOLLARS ($500.00) as consideration for the issuance
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of this agreement.
15. Ma~ntenance.
Licensee agrees to maintain the
16 pedestrian ramp, which is the subject of this agreement, in good
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repair at all times.
In addition, the Licensee has the
18 responsibility of maintaining the landscaping in the median.
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16. Free of Liens. Licensee shall payor cause to be paid
20 all costs of construction and/or installation of the sign
21 referred to above and shall keep the property free and clear of
22 any and all claims arising out of the performance of work or
23 furnishing or materials for said construction/installation.
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17.
Licensee recognizes and
Possessory Interest.
25 understands that this agreement may create a possessory interest
26 subject to property taxation and that Licensee may be subject to
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the payment of property taxes levied on such interest. Licensee
BAS/mgl [license. agr]
October 9, 1990
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agrees to and shall hold harmless the City from any and all
liability for any such taxes.
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Nonexclusive.
This permission is not exclusive to
Licensee.
Licensee shall have the privilege of occupying such
5 portion of the street right-of-way as City shall from time to
6 time designate.
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19.
Termination.
Either party may terminate this
8 agreement at any time by giving the other party at least thirty
9 (30) days written notice of termination.
20.
Condition of Property Upon Surrender.
Upon
11 termination of this agreement, Licensee agrees for itself, its
12 successors and its assigns to surrender the portion of said
13 property occupied under the license herein granted, in as good
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condition as same was at the time of Licensee's original entry,
and to remove the Pedestrian Ramp upon demand of, and without
expense to, City.
If Licensee shall fail to do so, City shall
17 have the right to remove the Pedestrian Ramp at the expense of
18 Licensee, who shall pay the amount of the expense to the City on
19 demand. City may elect to take possession of and appropriate to
20 itself without payment any property of Licensee, or anyone
21 claiming under Licensee, which Licensee fails to remove after
22 notice.
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21.
In the event this agreement, or any
Severability.
24 portion thereof, should be determined to be void, illegal or
25 improper, for any reason whatever, or Licensee's rights
26 thereunder are set aside through Court action or otherwise, all
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other portions of the agreement shall remain fully enforceable to
BASjmgl [license. agr]
October 9, 1990
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the extent possible after such determinations.
22. eo.plete Agreement/License. This document represents
3 the total and complete agreement regarding License. for
4 Encroachment, and no other written and/or oral agreements exist
5 in this regard.
6 IN WITNESS WHEREOF, the parties hereto have executed this
7 agreement on the date first above written.
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ATTEST:
CITY OF SAN BERNARDINO
City Clerk
W.R. HOLCOMB, Mayor
CENTURY HOMES
By:
ALEXIS GEVORGIAN
Project Manager
Approved as to form
17 and legal content:
18 JAMES F. PENMAN
City Attorney
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BAS/mgl [license. agr]
October 9, 1990
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