HomeMy WebLinkAboutR51-Economic Development Agency
MAYOR & COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
MEETING BACKUP
MEETING DATE: May 15, 2006
DEPUTY: Linda Hartzel
ITEM NO. STATUS
6 Continued to Julv 10,2006
II Continued to June 20, 2006
41 Continued to Julv 10, 2006
43 Continued to Julv 10, 2006
45 Continued to July 10, 2006
46 Laid over to Julv 10, 2006
R51 Continued to June 20, 2006
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ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM:
Maggie Pacheco
Executive Director
SUBJECT: Vehicle Parking License Agreement with the
County of San Bernardino - Agency Property
located at 247 West 3'" Street (Central City
East Redevelopment Project Area)
DATE:
June 12, 2006
Svnoosis of Previous Commission/Council/Committee Action(s):
On June 6, 2006, Redevelopment Conunittee Members Estrada and Johnson unanimously voted to recommend that the
Community Development Conunission consider this action for approval.
Recommeoded Motion(s):
(Communitv DeveloDment Commission)
Resolution of the Community Development Conunission of the City of San Bernardino approving and
authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to:
(I) execute the Vehicle Parking License Agreement by and between the County of San Bernardino ("County")
and the Agency for the use of a portion of 247 West 3" Street, San Bernardino and (2) appropriate $180,000 to
fund the Agency portion of the landscaping improvements from the Community Reinvestment Fund (CRF) as
noted in this Staff Report (Central City East Redevelopment Project Area)
Contact Person(s):
Maggie Pacheco
Central City East
Redevelopment Project Area
Phone:
(909) 663-1044
Project Area(s):
Supporting Data Attached:
Ward(s):
2
iii Staff Report iii Resolution(s) iii Agreement(s)/Contract(s) 0 Map(s) 0 Letters
SIGNATURE:
Amount: $ 180,000
Source:
Community Reinvestment Funds
FUNDING REQUIREMENTS:
Budget Authority:
2005-2006 EDA Budget
~t.-k~
Maggi Pacheco, Executive Director
I /)
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Barbara Lindseth, Admin. Services Director
Commission/Council Notes:
P:\Agendas\Conm Dev CorrmissionlCOC 2006\06-19-06 Vehicle License Parkil1l SR.doc
COMMISSION MEETING AGENDA
Meetiog Date: 06/19/2006
Agenda Item Number: /lS.J-
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
VEHICLE PARKING LICENSE AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO - AGENCY PROPERTY LOCATED AT 247 WEST 3RD STREET (CENTRAL
CITY EAST REDEVELOPMENT PROJECT AREA)
BACKGROUND:
The Agency and the State began assembling land on the block bounded by 4th, 5th and "E" Streets in
1977 to accommodate a high-rise office complex known as the "Superblock" which eventually evolved
into the new State of California Caltrans offices and parking structure.
The former Caltrans building located at 247 West 3rd Street C"Agency Property") was acquired by the
Agency in 2003 after Caltrans completed all archeological, environmental assessments and
remediation work to the Agency Property. Since that time, the Agency Property, consisting of 7.12
acres, bounded by 2nd and 3rd Streets east of Arrowhead Avenue, has remained vacant and used yearly
for additional parking for the Route 66 events.
CURRENT ISSUE:
The County of San Bernardino is currently in the process of renovating the former State of California
building at the southwest comer of Arrowhead Avenue and 3rd Street (also known as the 303 building)
into additional County Courthouse Facilities ("Courts") to handle the increased load on the court
system as well as serve as interim Courts while the old 1928 court house across the street is earthquake
retrofitted. As such, the County is in need of additional parking adjacent to the Courts annex and has
requested that the Agency make available to the County approximately 2.72 acres fronting 3rd Street
C"Licensed Property") of the 7 .12 Agency Property under the following mutual terms:
. The term of the license will be for ten (10) years; however, the Agency or County will have the
right to terminate the license upon sixty (60) days notification by any public body that a new
court facility is to be constructed on the Property and/or adjacent to the Agency Property. If
necessary, the County has agreed to remove any parking improvements that may be an
impediment to the development of the new court facility.
. The County will undertake and incur all costs for the installation of all interim parking
improvements to the Licensed Property, including design, rough grading, soil compaction,
drainage, landscaping and parking lot improvements. All parking improvements, including the
landscaping and lighting will be subject to the approval of City Development Services
Department. The Licensed Property will be improved with 328 parking spaces of which there
will be 6 handicapped spaces and 2 handicapped van accessible spaces. The County anticipates
expending in excess of $1 million for the parking improvements and contemplates completing
the improvements by the end of October 2006 (see attachment).
P\\gendasICornn Dev CormlissionlCOC 2006\06.I~ Ycbide License PlII"king SR.OOc
COMMISSION MEETING AGENDA
Meeting Date: 06/1912006
Agenda Item Number: ~
Economic Development Agency Staff Report
Vehicle Parking License Agreement - 247 W. 3rd Street
Page 2
In addition, the County has agreed to construct, at the Agency's costs, landscaping to the perimeter of
the remainder of the Agency Property along Arrowhead A venue and 2nd Street to a standard specified
by the Agency and City for which the Agency will reimburse the County. Presently, it is estimated
that the costs of said improvements is $180,000. The actual cost will be precisely determined once the
plans have been placed out to bid and the Agency has thirty (30) days to reimburse the County upon
completion and submission of an invoice.
ENVIRONMENTAL IMP ACT:
Installation of the interim parking improvements are categorically exempt from the California
Environmental Quality Act (CEQA), under guidelines Section 15332.
FISCAL IMPACT:
Approximately $180,000 in costs to be paid out of Community Reinvestment Funds.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
P:\Agendai\COIml Dev Comrniuion\COC 2006\06-19-06 Vehicle License Parkina SRdoc
COMMISSION MEETING AGENDA
Meeting Date: 06/19/2006
Agenda Item Number: 4
RESOLUTION NO.
2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") TO: (1) EXECUTE THE
VEHICLE PARKING LICENSE AGREEMENT BY AND BETWEEN THE
COUNTY OF SAN BERNARDINO ("COUNTY") AND THE AGENCY FOR
THE USE OF A PORTION OF 247 WEST 3RD STREET, SAN BERNARDINO
AND (2) APPROPRIATE $180,000 TO FUND THE AGENCY PORTION OF
THE LANDSCAPING IMPROVEMENTS FROM THE COMMUNITY
REINVESTMENT FUND (CRF) AS NOTED IN THIS STAFF REPORT
(CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA)
3
4
5
6
7
8
9
WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is
10
public body, corporate and politic, organized and existing under California Communit
II
Redevelopment Law (the "CRL"); the CRL is found at Health and Safety Code section 33000, e
12
seq.; and
13
WHEREAS, the Community Development Commission of the City of San Bernardin
14
(the "Commission") is the governing board of the Agency; and
WHEREAS, the County is currently rehabilitating the building at 303 West 3rd Street i
15
16
order to provide additional court facilities for the County court system; and
17
WHEREAS, the Agency owns 7.12 acres at the south east comer of Arrowhead Avenu
18
and 3rd Street, commonly known as 247 West 3rd Street, San Bernardino ("Agency Property") 0
19
20
which the County is desirous of converting 2.72 acres ("Licensed Property") into additiona
21
temporary parking to service the parking needs of the additional court facilities (the "Project'')'
22
and
23
WHEREAS, the County and the Agency desire to enter into a Vehicle Parking Licens
24
Agreement dated June 19, 2006 (the "Agreement"), whereby the County agrees to install
25
interim parking lot with all improvements on the Licensed Property; and
-1-
r:\A&;naclu\ReM"delU\Rao.deu\J:~I9-06 V.1lidR IJce.- Ac..._t CDC ~
WHEREAS, the Agency desires to improve the perimeter of the remainder of the Agenc
2
Property (approximately 4.4 acres) with Community Reinvestment Funds; and
3
WHEREAS, the Project is categorically exempt under CEQA Section 15332; and
4
WHEREAS, it is appropriate for the Commission to take action with respect t
5
authorizing the Executive Director to enter into the Agreement.
6
7
NOW, THEREFORE, THE COMMUNITY DEVEWPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
The above recitals are true and correct and incorporated herein b
The Commission hereby authorizes the Agency Executive Director t
13
execute the Agreement with the County and to execute any such other documents as may b
14
necessary to implement the Agreement and to make any necessary non-substantive changes t
15
the Agreement as may be approved by Agency Counsel, provided such changes do not increas
16
the Agency's financial appropriation of $180,000, subject to the conditions and restrictions se
17
forth in said Agreement.
18
The Commission hereby appropriates the sum of $180,000 for
Section 3.
19 landscaping improvements to the perimeter of the remainder of the Agency Property
20 (approximately 4.4 acres) from the Community Reinvestment Fund.
The Resolution shall become effective immediately upon its adoption.
21 Section 4.
22 III
23 III
24 III
25 III
III
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1
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") TO: (1) EXECUTE THE
VEHICLE PARKING LICENSE AGREEMENT BY AND BETWEEN THE
COUNTY OF SAN BERNARDINO ("COUNTY") AND THE AGENCY FOR
THE USE OF A PORTION OF 247 WEST 3RD STREET, SAN BERNARDINO
AND (2) APPROPRIATE $180,000 TO FUND THE AGENCY PORTION OF
THE LANDSCAPING IMPROVEMENTS FROM THE COMMUNITY
REINVESTMENT FUND (CRF) AS NOTED IN THIS STAFF REPORT
(CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA)
2
3
4
5
6
7
8
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
9
Community Development Commission of the City of San Bernardino at a
10
meeting thereof, held on the
, 2006, by the following vote to wit:
day of
Commission Members:
Abstain
Absent
Aves
Navs
11
12
ESTRADA
BAXTER
13 MCGINNIS
14
DERRY
KELLEY
15
16 JOHNSON
17
MC CAMMACK
18
19
Secretary
20 The foregoing resolution is hereby approved this
21
day of
,2006.
22
23
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
24
25
Approved as to form and Legal Content:
By: A~c&J!-
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r:\At;~"dIlu\IlIM.deuI1lN\16.l9-16 VeIaAde Ucnte A&ne-t cOC....dec:
VEHICLE PARKING LICENSE AGREEMENT
(247 West 3'd Street)
RECITAL
Upon acceptance of the terms and conditions of this VEHICLE PARKING LICENSE
AGREEMENT (this "License") dated as of June 19, 2006, by an authorized representative of the
County of San Bernardino (herein the "County") at the location as indicated in this License, the
County shall have a right to utilize a portion of certain lands (the "Agency Property"), owned by the
Redevelopment Agency ofthe City of San Bernardino (the "Agency"), a public body, corporate and
politic, for the purpose of parking vehicles for members of the general public and for other parking in
support of County owned facilities in the vicinity of the Agency Property on a non-exclusive basis
during the Term of License as herein defined.
TERMS AND CONDITIONS
1. Definitions.
Certain words and phrases used in this License shall have the meanings described below:
. "Agency Property" means and refers to the approximately 7.12 acres ofland situated
at the southeast corner of the intersection ofJrd Street and Arrowhead Avenue, San
Bernardino, California, and generally depicted on the vicinity map attached hereto as
Exhibit "A".
. "City" means and refers to the City of San Bernardino, California.
. "Licensed Property" refers to that portion of the Agency Property consisting of
approximately 2.72 acres fronting on 3'd Street, City of San Bernardino, California,
and generally depicted on the site plan attached hereto as Exhibit "B" which shall be
the subject of this License and for which the County shall construct the parking lot
improvements as required in this License. To the extent required during period of
time necessary to undertake and complete the construction by the County of the
Parking Lot Improvements, the Licensed Property shall also include those applicable
portions of the Agency Property reasonably required to so undertake and complete
such construction activities.
. "Parking Lot Improvements" consist of the design, rough and final grading and soil
compaction, and the installation and construction of parking lot improvements with
such amenities to be approved by the City for a asphaltic cement paved parking lot
with adequate base materials to support vehicle parking, including drainage facilities,
landscaping, lighting and security to accommodate a total of 336 vehicle parking
spaces which shall include 6 handicapped parking spaces and 2 handicapped van
accessible spaces with the remaining 328 parking spaces being comprised of full-size
vehicle parking spaces with a minimum of nine (9) feet in width. The Parking Lot
Improvements, subject to the City approval, are generally depicted on the site plan
attached hereto as Exhibit "B".
4841-4621-5936.1 1
P.\Aa:cndas\Ajalda Anac:hmm&s\AamU-Amcnd 20061ll6-19-06 Vdricle PIRq LiccnIc: ~ - 247 West 3rd SlRCI:.<b;:
. "Term of License" as used herein shall mean the I O-yearperiod of time commencing
as of the date of this License and terminating at the end of the lOth year thereafter or
sooner in the manner and upon the conditions as further set forth in paragraph 2( c) of
this License.
2. License: Earlv Termination: Consideration.
(a) The Agency hereby grants to the County the right to use the Licensed Property during
the Term of License for the purpose of constructing the Parking Lot Improvements for general public
and staff use and for use thereof as public parking in support of the County Courthouse Facilities
located at the northeast and southwest comers oOrd Street and Arrowhead Avenue in the City of San
Bernardino. The Parking Lot Improvements shall also be made available to the members of the
general public and county staff during the normal business hours of the County on business days of
Monday through Friday, excluding County designated holidays, during which time such Parking Lot
Improvements shall be thus made available for general public use. The County may designate time
limits and restrictions as it deems necessary. The Parking Lot Improvements shall not be used for
any other purpose than as specified herein unless expressly authorized in writing by the Executive
Director of the Agency, the written authorization for which must be received by the County prior to
the actual use by the County for such other purpose.
(b) The Agency hereby grants the County the right to enter the Licensed Property and the
Agency Property commencing on the first day of the Term of License for the purpose of causing the
Licensed Property and the Agency Property to be studied, surveyed and prepared for the initiation of
construction activities comprised of the Parking Lot Improvements at the sole cost and expense of
the County, including the right to remove weeds and vegetation from the Licensed Property and the
Agency Property, to grade driveways and travel lanes as necessary or appropriate to accommodate
the construction activities, install and remove temporary exterior lighting facilities, install and
remove portable toilets and install and remove temporary vehicle traffic control signage, barriers and
fencing on the Licensed Property and the Agency Property.
(c) The Agency shall have the right to terminate this License at any time after the date
hereof upon delivery of written notice to the County pursuant to the notice provisions of paragraph
14 of this License not less than sixty (60) calendar days prior to the designated termination date
under the following circumstances:
(i) Upon any default by the County of any provision of this License which
remains uncured for thirty (30) calendar days after the Agency has given
written notice of default to the County, except that if the default cannot
reasonably be cured within thirty (30) calendar days, the County shall not be in
default of this License if the County commences to cure the default within the
thirty (30) calendar day period and diligently and in good faith continues
thereafter to cure the default; or
(ii) The Agency has been informed in writing that the State of California, or any
other department or agency of the State or local government, or any other
public building corporation, joint powers authority ornon-profit corporation
484\-462\-5936.\ 2
P:\ApndII\Apw:laAnacllmalll\Apnls-Amend 2006~I9.()6 Vchide I'IrUlI LiceDIleApeemtnt. 2047 West lnlStreet.cIoc
intends to construct a County Courthouse Facility on the Licensed Property
and the Agency Property to replace in whole or in part the current County
Courthouse Facility located at the northeast comer of 3rd Street and
Arrowhead A venue; in such event, the date of termination shall be not sooner
than the date that construction must be commenced upon the Agency
Property to accommodate the subsequent use as a County Courthouse
Facility taking into account the time required, if and to the extent necessary
pursuant to the following paragraph within this subparagraph 2(c), for the
County to remove all Parking Lot Improvements upon the Licensed Property.
In the event the Agency so elects to terminate this License pursuant to this paragraph 2( c), the
County shall be required to remove all Parking Lot Improvements then remaining on the Licensed
Property and the Agency Property that are not intended by the Agency to remain thereon after the
date when the new County Courthouse Facility will be constructed on the Agency Property. The
County shall remove the Parking Lot Improvements and restore the Agency Property to the
substantially similar condition that existed as of the date of this License ifso required pursuant to the
notice oftermination delivered by the Agency to the County. The notice ofterrnination shall specify
a date for the cessation of public parking activities on the Licensed Property and a later date
thereafter for the County to complete the removal of all Parking Lot Improvements upon the
Licensed Property. The designation of said later date will take into account the time required, if and
to the extent necessary, for the County to remove all Parking Lot Improvements upon the Licensed
Property, and the County shall diligently commence and remove the Parking Lot Improvements as
soon as practicable. Such obligation of the County to remove the Parking Lot Improvements shall
also be applicable to any other voluntary or involuntary termination ofthis License and shall also be
applicable to the obligation of the County to remove the Parking Lot Improvements upon the
expiration of the Term of License as further required by paragraph 12 hereof. Notwithstanding the
above, the Agency and the County agree that the removal of the Parking Lot Improvements may be
undertaken and completed as part of the new County Courthouse Facility project, in which case, this
portion of the work will be bid separately and paid for by the County.
(d) The County shall have the right to terminate this License at any time after the date
hereof upon delivery of written notice to the Agency pursuant to the notice provisions of paragraph
14 of this License not less than sixty (60) calendar days prior to the designated termination date.
(e) The Agency agrees that during the Term of License, the consideration for the granting
of this License to the County shall be the commitments made by the County in this License to design,
construct and install the Parking Lot Improvements on the Licensed Property and to provide for the
interim use of a portion of the Agency Property as public parking during the Term of License. Such
commitments of the County shall be deemed to be adequate consideration for the granting of this
License by the Agency to the County.
3. Security and Site Control.
During the Term of License the County shall, at its sole cost and expense, furnish the
personnel necessary to enable members of the general public to park in an expeditious manner, to
give traffic directions to the members of the general public and to provide effective site control as
484\462\-5936.\ 3
P:\AaaIdII\Ap!dI Anadwn:nls\ApnU-Ameftd 2006\1J6.-19-06 Vehicle hR...ticenIe Apumcal- 2.' West Jrd Street_doc
needed to assure the safety of the members of the general public parking vehicles on any portion of
the Licensed Property regardless of the reason for their use of the Parking Lot Improvements. The
County shall, at its sole cost and expense, complete the installation of effective pedestrian control,
fencing and barriers for member of the general public by not later than the date that the Parking Lot
Improvements are first made available for use. The County shall maintain the Parking Lot
Improvements including removal of all trash and debris as needed and in accordance with standard
County practices and procedures for County Parking Lots. The County shall be responsible for any
illegal disposal of waste products from any vehicle parked on the Licensed Property or by any
member of the general public during the Term of License and shall defend, indemnify and hold
harmless the Agency and the City under paragraph 6, Indemnification, from any claims, losses or
damages, including environmental restoration and compliance with all storm water regulations and
other environmental laws and regulations, resulting from the condition of the Licensed Property as
caused by the County or any member of the general public during the Term of License.
4. Safety on the Licensed Property: Landscapinl!.
(a) Safety is a primary consideration of the Agency in the use of any Agency owned
property such as the Agency Property. The County shall take all necessary steps to assure that each
condition that may be imposed by the City related to the use of the Licensed Property is implemented
and strictly enforced. The County shall abide by the orders and directives of all state and local
government agencies having authority over the use of the Licensed Property, including, but not
limited to, orders and directives conceming unsafe conditions or practices on the Licensed Property.
The County shall comply with all reasonable orders and directives of the City in the management,
operation and maintenance of the Parking Lot Improvements consistent with the standard County
practices and procedures for County Parking Lots.
(b) The County shall be required to install and construct certain landscaping
improvements within the Licensed Property and adjacent to the perimeter fencing on 3rd Street and
Arrowhead A venue which comprise the Licensed Property at the sole cost and expense of the County
and in accordance with a final site plan as shall be approved by the City. In addition, the County
shall similarly install and construct additional landscaping on the Agency Property fronting on the
remainder of Arrowhead A venue and Second Street to such standards as may be specified by the
Agency and the City. The costs of such additional landscaping improvements to be undertaken by
the County upon the remainder of the Agency Property outside of the Licensed Property shall be
reimbursed by the Agency to the County within thirty (30) calendar days after the County has
submitted an invoice to the Agency seeking the reimbursement of the costs and demonstrating the
allocable portion that was attributable to the Agency Property exclusive of the Licensed Property.
The Agency shall be responsible for maintenance ofthe additional landscaping improvements on the
Agency Property that is addition to the landscaping installed by the County on the Licensed Property.
5. Insurance.
The County is legally self-insured for all obligations created by this License.
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p.-\Apndll\AfendII AItadlmcnb\AamU-AmcIld 20Q6\06.19-06 Vehicle hrk.. UcenIe ~ . 2.47 Well 3n:I Strut.doc
6. Indemnification.
(a) The County agrees to indemnifY, defend (with counsel approved by the Agency) and
hold the Agency, its officers, agents, volunteers harmless from any and all claims, actions or losses,
damages, and/or liability resulting from the County's negligent acts or omissions which arise from
the County's performance of its obligations under this License.
(b) The Agency agrees to indemnifY, defend (with counsel approved by the County) and
hold harmless the County and its officers, employees, agents and volunteers from any and all claims,
actions, losses, damages, and/or liability arising out of its obligations under this License. The
Agency's indemnification obligations shall survive the period of time that the County tenancy and
right to use the Licensed Property. The insurance provisions in paragraph 5, Insurance, shall not be
interpreted in a manner that limits the indemnification obligation.
(c) In the event the County and/or the Agency is found to be comparatively at fault for
any claim, action, loss or damage which results from their respective obligations under this License,
the County and/or the Agency shall indemnifY the other to the extent of its comparative fault.
(d) Furthermore, if the County or the Agency attempts to seek recovery from the other for
Workers Compensation benefits paid to an employee, the County and the Agency agree that any
alleged negligence of the employee shall not be construed against the employer of that employee.
7. Condition of Al!encv Property.
The County accepts the Licensed Property and the applicable portions of the Agency Property
in the then present condition "AS IS," "WHERE IS" and "SUBJECT TO ALL F AUL TS," and the
County shall not demand or request the Agency to make any alteration, repair or improvement
thereto. Upon entry of the Licensed Property for the commencement of field investigations and the
initiation of construction activities commencing as of the Term of License, the County acknowledges
that the Agency Property is in sufficient condition for use by the County and that the California
Department of Transportation ("Caltrans") has previously demolished certain buildings that existed
on the Agency Property and Caltrans has remediated the environmental conditions contained therein
as represented to the Agency by Caltrans. The Agency makes no representation or warranty as to the
compaction of the soils by Caltrans or the suitability of the Agency Property for the intended
purposes by the County. Upon the termination of the Term of License, the County shall restore the
Licensed Property to the Agency in a good and litter-free condition with no environmental
contamination conditions present on any portion of the Licensed Property caused by County
employees and others acting on behalf of the County and all members of the general public that
utilized the Licensed Property.
8. Damal!e to Al!encv Property.
The County shall cause to be repaired or replaced, at its own expense, any and all damage to
the Licensed Property and the Agency Property, including any environmental contamination that
occurs on the Licensed Property or the Agency Property by County employees and others acting on
behalf of the County and all members of the general public that are utilizing the Licensed Property ,
4841-4621-5936.1 5
~\ApndII\Aaa*Ana:bmcnu~Arnmd 20061ll6-19..(l6 VdDde PIrkiai L.iI:aIIc.....--.- - 2..47 WOIlrdSttca.doe
where such damage is caused by members of the general public, the County, its agents, employees or
others who may be on the Licensed Property or the Agency Property for any purpose connected with
the use of the Parking Lot Improvements and related activities.
9. Parkin!! Char!!es.
The County may charge admission, use and parking fees to members of the general public
and County staff for the parking of motor vehicles on or use of the Licensed Property during the
Term of License upon such rates and terms as may be determined by the County.
10. Liens.
The County shall not suffer or permit any liens to stand against the Licensed Property or the
Agency Property, or any part thereof, by reason of any work, labor, services or materials done for, or
supplied to the County or to anyone under the authorization or control ofthe County. If any such
lien shall at any time be filed against the Licensed Property or the Agency Property, the County shall
cause such lien to be discharged of record no later than sixty (60) calendar days after the date of
filing thereof and notice from the Agency at the sole cost and expense of the County.
11. No Assi!!nment Dele!!ation.
The County may allow other persons to use the License Property, mayassign its rights but
not its obligations under this License with the prior written approval of the Executive Director of the
Agency, which approval shall not be unreasonably conditioned nor delayed; provided, however, that
the Agency hereby consents to any assignment or granting of a right to use the Licensed Property by
the County to the San Bernardino Convention & Visitors' Bureau for the annual event in the
downtown San Bernardino area commonly referred to as the "Route 66 Rendezvous".
12. Snrrender: Removal of Parkin!! Lot Improvements.
Upon the cancellation, expiration or early termination of this License the County shall
peaceably and quietly leave and surrender the Licensed Property and release all of its rights as arise
under this License and comply with the conditions as set forth in paragraph 2( c) for the condition of
the Licensed Property and the Agency Property. Such requirements for the removal of the Parking
Lot Improvements shall be applicable both upon an early termination of this License for the reasons
set forth in paragraph 2(c) and upon expiration of the Term of License.
13. Hazardous Materials.
The County is specifically prohibited from storing, using andlor disposing of any Hazardous
Material at the Licensed Property or the Agency Property. As used herein, the words "Hazardous
Materials" shall mean any hazardous toxic or radioactive substance, material, matter of waste which
is or becomes regulated by any federal, state or local governmental restriction or requirement and
shall include but not be limited to asbestos, petroleum products and "Hazardous Substances" and
"Hazardous Wastes" as defined in the Comprehensive Environmental Response, Compensation and
Liability Act ("CERCLA") as amended 42 U.S.C. 9661, et sea. The County shall indemnify, defend
4841-4621-5936.1 6
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and save hannless the Agency, its directors, officers, employees, agents, and representatives pursuant
to paragraph 6, Indemnification, from and against any and all liability, loss, claims and damages,
including environmental damages caused by or related to Hazardous Materials and costs of cleanup
and remediation used by the County or the County's agents or invitees and members of the general
public or arising from any use of the Parking Lot Improvements during the Term of License,
including, without limitation, any disposal from waste tanks on motor vehicles, discharges from
portable restroom facilities, motor vehicle fuels or oils spilled on or to the Licensed Property by any
member of the general public or by any third persons during the Term of License.
14. Notices.
All notices, requests, demands, or other communications under this License shall be in
writing and shall be deemed to have been duly given and become effective when delivered in person,
or when confirmed by facsimile transmission to the facsimile phone number set forth below, or
within five (5) business days after deposit ofthe written notice in the United States Mail, postage
prepaid. Written notice is required for all purposes under this License, even ifnotice was previously
given personally or by telephone. Notice shall be provided to the Agency or County as follows:
County:
Agency:
Attn.: Gerry Newcombe
385 North Arrowhead Avenue
San Bernardino, California 92415-0122
(909) 387-9046
Fax: (909) 387-4767
Attn.: Maggie Pacheco, Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
(909) 663-1044
Fax: (909) 888-9413
24 Hour Emergencv Contacts
Facilities Management (909) 356-3805
Executive Director (909) 663-1044
IS. Other ReQuirements.
(a) Prior to the commencement of the construction of the Parking Lot Improvements, the
County shall submit construction drawings and drainage plans to the City for approval and shall
provide satisfactory evidence to the Agency that the plans and designs for the Parking Lot
Improvements have been duly approved by the City.
(b) In addition to the general conditions to be approved by the City as set forth in
subparagraph (a) above, the County shall comply with the further conditions as set forth in this
subparagraph (b).
(i) The approvals under this License are for vehicle parking on the Licensed
Property and the construction of the Parking Lot Improvements and the
undertaking of limited landscaping improvements on the Agency Property.
No Agency facilities or services will be provided in furtherance of such
County uses of the Licensed Property or the Agency Property.
4841-4621.5936.1 7
P:'\Ap!DdII\AfcDda AnKIlrnmtJIApnU-Arnml2006\06-I9-06 Yehide Parlr... LicenIe ApumcnI. 241 WcIl Jrd ser.t.doc
(ii) The County agrees that County employee and general public access to the
Licensed Property may only be provided from Arrowhead Avenue and 3rd
Street as provided in the design. No vehicle shall be allowed to drive over
curbs or sidewalks.
(iii) The County shall obtain an electrical permit through the City Building
Inspection Division and inspection for generators and other electrical
equipment associated with lighting the Licensed Property and the Agency
Property.
(iv) The County shall obtain a permit from the City Fire Department, if required,
for the purpose of parking motor vehicles on the Licensed Property during the
Term of License.
(v) The County agrees that no unpermitted alcoholic beverages will be sold or
allowed to be used or to be made available on the Licensed Property or the
Agency Property.
(vi) The County agrees to comply with the provisions for solid waste disposal as
required by the City Public Services Department, as applicable.
(vii) The County agrees that provisions for security and safety measures shall be
maintained for the duration of the Term of License with a minimum number
oflicensed security guards being assigned to the Licensed Property as may be
determined by the County.
(viii) The County agrees to provide handicap parking and any other requirements
imposed or required by the Americans With Disabilities Act ("ADA") (42
USC 1210, et sea.) on the Licensed Property for the uses intended by this
License with path of travel to Arrowhead Avenue and 3rd Street.
(ix) The County agrees that the use of animated, moving, flashing, blinking,
reflecting, revolving or any similar signage on either the Licensed Property or
the Agency Property is not permitted.
(x) The County agrees that signs directing motor vehicle to the Agency Property
may not be posted on light poles, street signs, trees, landscaped areas or on or
over any public rights-of-way.
(xi) The County is responsible for dust control on the Licensed Property and the
Agency Property during construction activities in compliance with SCAQMD
Rules 402 and 403.
(xii) The County's use of the Licensed Property constitutes a project that will
disturb an area of one (1) acre or more. Thus, such use is subject to National
Pollutant Discharge Elimination System ("NPDES") provisions and the
48414621-5936.1 8
P:\AaendlJ.\AaCnda AttacIwncnb\Aamu-Amcnd 2OCl6'D6-19.()6 Vchide P.uc J...iecmc ~ - 247 WcIl lrd Street.doc;
County is responsible for best management practices in compliance with
NPDES requirements.
(xiii) The County shall ensure that a minimum twenty-four (24) feet clear drive
aisle width is maintained through the Agency Property during construction
and through the Licensed Property to ensure access for emergency vehicles.
16. Entire Al!reement.
This License, including exhibits, if any, constitutes the entire agreement between the County
and the Agency regarding this License and shall be governed by and interpreted in accordance with
the laws of the State of California. No modification of this License will be valid, unless made in
writing and executed by the authorized officers of both the Agency and the County. The terms of
this License supersedes and nullifies any and all previous agreements regarding the Licensed
Property or the Agency Property between the Agency and the County or their predecessors.
17. Severability.
Should any paragraph, section or part of any paragraph or section of this License be rendered
void, invalid, or unenforceable by any court oflaw, for any reason, such a determination shall not
render void, invalid or unenforceable any other paragraph, section or any other part of any paragraph
or section of this License.
18. Headinl! Titles.
Paragraph headings are inserted in this License for convenience and reference only, and in no
way define, limit or otherwise describe the scope or intent of any of the provisions of this License.
19. ADDrovals.
Notwithstanding any language to the contrary contained in this License, this License, and any
amendments hereto, shall not be binding upon the Agency until approved by the Agency and
executed by an authorized representative of the Agency. The Executive Director of the Agency is,
however, authorized to sign amendments to this License which are of a routine or technical nature, as
may be required from time-to-time during the Term of this License.
20. Waivers.
No waiver by the Agency of any default or breach of any term, covenant or condition hereof
by the County, shall be deemed a waiver of any other term, covenant or condition hereof, or of any
subsequent default or breach by the County of the same or of any other term, covenant or condition
hereof. The Agency's consent to, or approval of, any act shall not be deemed to render unnecessary
the obtaining of the Agency's consent to, or approval of, any subsequent or similar act by the County,
or be construed as the basis of an estoppel to enforce the provision or provisions of this License
requiring such consent.
4841-4621-5936.1 9
P:lAaendas\AaendaAttar:hneuI.A&mU-Ammd 2006\06-19..06 VdIide r.ma I..ic:cNc A~ -247 W-.lrdSlreec.lb:
21. Execution in CounterDarts.
This License may be executed in counterpart originals, each of which shall be deemed to be
an original.
22. Consent.
Whenever the consent or approval of either party is required, the party from whom such
consent or approval is required shall not unreasonably withhold, condition or delay such consent or
approval. The Executive Director of the Agency is authorized to make such approvals on behalf of
the Agency.
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
4841-4621-5936.1 10
P:\AaendD~ AUathrnenU\AjnrU-Amend 2006\06-19-06 Vdticlc: P-"'int; License AgrccmI:nt - 241 West 3rd Street.doc
WHEREFOR, the authorized representatives of the Agency and the County have executed
this License as of the date indicated below.
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
By:
Maggie Pacheco, Executive Director
Dated:
Approved as to Form and Legal Content:
\/~1~
Agency Couns I
ACCEPTANCE OF LICENSE:
COUNTY OF SAN BERNARDINO
~
Dated:
Bill Postmus, Chairman, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
DENA SMITH, Interim Clerk of the Board of
Supervisors of the County of San Bernardino
By
Deputy
Approved as to Legal Form:
Dated:
County Counsel
4841-4621-5936.\ II
P:\AgcndD\Apnda AnaclJmenu\AJI'IlU-Amend 2006\06-19-06 VdUcle Parkina Ucense Agreatalt. 247 West Jrd Strect.OOc
EXHIBIT "A"
VICINITY MAP
(AGENCY PROPERTY)
4841-4621-5936.1
12
DISTRICT COUNT ROUTE POST MILE
NUMBER
08
SBd
1986-01-03
~ L
THIRD STREET
" ~N90.00'oowE :q ---".,
.\ - - 682.38'
\ ;; ;; I
I I
, 1 ,
41.25' I 41.25'
W 1 11986-01-031 " w
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>. 1 AREPi: 316215 sq ft >
<( I <(
1 I 7.26 acres
I I
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---------+-~-------+---------+---------
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SECOND STREET
I I
STATE OF CALIFORNIA
BUSINESS & TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
DIRECTOR'S DEED PLAT MAP
I
SCALE:l"-/5o
DATE: IZ/'V'n
EXHIBIT "B"
SITE MAP OF PARKING LOT IMPROVEMENTS
(LICENSED PROPERTY)
4841-4621-5936.1 13
P-\Agendas\Agenda Altachm:nIl\Agmu.Amend2006\06-19-06 VEhicle Partina Uc:cnse ~ - 247 West 3rd StreelOOc
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2 Existing 11' W city sidewalk
3 New reworked corner wi ADA
4 8' wide landscape median
5 Landscape area
6 Van Accessible stall
7 ADA stall
""""-8 6' H chain link fence connected to
existing fence lines @ E & W
o 9 New Fire hydrant
. 10 Parking lights
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County of
San Bernardino
ARCHITECTURE and ENGINEERING DEPARTMENT
..CO"~~I~~~qG~tESTfMAtE
JOB #: Pre-CIP Budgeting
CLIENT: Architecture and Engineering
SITE: Corner of Arrowhead Ave. & Third SI.
PROJECT: Superblock Auxiliary Parking Lot - 319 Std. Stalls + 2 Van + 6 ADA Stalls - 327 Total Stalis
SCOPE: See Below
'e()f4~1~tlCTI6N : (;05T BREA~DOWN:
Quantity Unit Unit Cost
1 LS $5,000
1 LS $5,000
1 LS $2,000
1 EA $5,000
12,700 SY $4.50
1,500 LF $10.00
2,400 LF $4.00
2 EA $10,000
2 EA $11,000
10 EA $1,000
2,000 LF $17.00
1,000 SF $6.00
11 ,500 SY $35.00
11 ,500 SY $0.26
319 EA $25.00
8 EA $250.00
1 LS $4,200
650 LF $14.00
10 EA $2,500
9,000 SF $1.50
9,000 SF $2.00
40 EA $500
1 LS $4,000
Direct Construction Costs:
General Conditions & Contractor O&P: 20%
~!;~#f,;;[i~~t~~9!'~Rn~tJ]etjpn'.!il!l~Q!i'\j..!
Project Contingency:
Pro'ect Develo ment Bud et:
1 Mobilization
2 Tree & vegetation removal, trimming and disposal
3 Misc. demo/dispose
4 Fire hydrant
5 Rough grading - x-over + compaction
6 Rough electrical for lighting & outlet boxes
7 Rough irrigation distribution
8 Driveway (30' wide)
9 Corner sidewalk improvements
10 Bases for parking lot lighting
11 6' parking lot curbing (6"x12")
12 Sidewaik - miscellaneous
13 Fine grading & Paving - 4" base, 1 W' binder, 1 W' wearing
14 Seal coat
15 Stripping - 319 stalls
16 ADA stalls - stripping + signage
17 Lot stripping & signage
18 Fence; 6' H, sch. 20,9 ga., vinyl covered, 1%" post 10' O.C., 1%" T.R.
19 Electrical finish - poles, fixtures/lamps, 120/240 V lockable outlet boxes
20 Irrigation finish - controls, heads, etc.
21 Soil prep & shrubs
22 Trees - 24" BB
23 Misc.
Page 2
4/3/2006
Direct Canst.
Cost
$5,000
$5,000
$2,000
$5,000
$57,150
$15,000
$9,600
$20,000
$22,000
$10,000
$34,000
$6,000
$402,500
$2,990
$7,975
$2,000
$4,200
$9,100
$25,000
$13,500
$18,000
$20,000
$4,000
$700,015
$139,985
$1\40,000
$84,000
$126,000
County of
San Bernardino
ARCHITECTURE and ENGINEERING DEPARTMENT
5/31/2006
- - - < ;, ? -,~(~ 'itC!'i~~;'" ~..:'1
. \ :t f'V..~-::t(.... ... -;":~<,'
eiieERi1'1l!J~iEi!.imge--tiiESTIM"if~
JOB #: 60730
CLIENT: Architecture and Engineering
SITE: SuperBlock Auxiliary Parking Lot
PROJECT: SuperBlock Auxiliary Parking Lot Project
SCOPE: Arrowhead Ave. & Second 51. Border Landscaping
_N!r~$'Ji~TBRElKi:iQWN"..:':~~:;;'~;';;;";"
. - ~,:~':>{~,;&2:~<",,~_'i>i-...:.J~.. ,c...,_';..~~~";;:,,~..,~~_;.~,,,;:;-.-";_,"g:"::
1 Demo & disposal of existing shrubs & irrigation
2 Soil sterilization
3 Irrigation
4 Soil prep
5 Shrubs
6 Trees - 24" box
7 Miscellaneous
Direct Const.
Quantity Unit Unit Cost Cost
6,840 SF S1.25 $8,550
6,840 SF 50.40 $2,736
6,840 SF 52.50 $17,100
6,840 SF 50.80 $5,472
250 EA $45.00 $11,250
24 EA 5350.00 $8,400
1 LS 52.500.00 $2,500
Direct Construction Costs: $56,008
General Conditions & Contractor O&P: 20% $11,202
~lQl~
Project Contingency: 10% $6,721
Pro'ect Develo ment Bud et: 15% $11,069
: '"
Definitions:
Project Const. Budget: Direct Construction Costs + General Conditions + Contractor Overhead & Profit
Project Contingency, Additional Funds for unforeseen cost issues
Project Development Budget: Design Consultant + Project Administration & Management + Inspection + Permits
Project Total Budget: Construction Budget + Project Contingency + Project Development
Burdened Cost: Proj. Const. Budget + Contingency Budget + Proj. Dev. Budget; applied to individual line items.
Notes: 1. Prices are valid for 60 days from date of issue. 4. Prices are based on a stable bid climate and
2. Prices are for the stated scope and site only. a minimum of (4) competitive bids.
3. Prices do not include furniture costs. 5. Adjust budget by using burdened cost values.
Page 1 of 1
County of
San Bernardino
ARCHITECTURE and ENGINEERING DEPARTMENT
5/31/2006
'01mE1ir7~. .
JOB #: 60730
CLIENT: Architecture and Engineering
SITE: SuperBlock Auxiliary Parking Lot
PROJECT: SuperBlock Auxiliary Parking Lot Project
SCOPE: East Area Landscaping
~~'_"'~~C~,-/""~"~'}'~"':"~'--"~"<',,~:_"::""""""' "j''''':':'''-',':'':':';'~',;,d''''-':'--;',''''',':--'';'',,<'c'"
i., " Q ,''''S,.,., R ' "0'" N~' ,~;iJ:,.4"I';"
.. .. - -,,",~. .~ol;;~:~,;~~~~W.J,;..}',~3-::-:;-h'v:::~"J""'~;'-_:_""
Quantity Unit Unit Cost
1 Asphalt demo & disposal 3,150 SF $1.25
2 Misc. demo 1 LS $850
3 Soil sterilization 10,080 SF $0.40
4 Grading 10,080 SF $0.40
5 Mow strip 300 LF $6.50
6 Soil prep 10,080 SF $l.BO
7 Irrigation 10.080 SF $1.15
8 Groundcover - grass 10,080 SF $0,80
9 Trees - 24" box 20 EA $350.00
10 Miscellaneous 1 LS $2,500,00
Direct Construction Costs:
General Conditions & Contractor O&P: 20%
Direct Const.
. Cost
$3,938
$850
$4,032
$4,032
$1,950
$18,144
$11,592
$8,064
$7,000
$2,500
$62,102
$12.898
~-_..". "'='-1""=' ,,' 'h'-.,'.'-C . -- -~.~..,=
'!>' . '-r;:!;,,~'~'l ':.::'~J:,r-111~ r;'~m:~ln'l~~~:r~ , ' "';':"~M..t~:"'!:
Definitions:
Project Const. Budget: Direct Construction Costs + General Conditions + Contractor Overhead & Profit
Project Contingency: Additional Funds for unforeseen cost issues
Project Development Budget: Design Consultant + Project Administration & Management + Inspection + Permits
Project Total Budget: Construction Budget + Project Contingency + Project Development
Burdened Cost: Proj. Const. Budget + Contingency Budget + Proj, Dev, Budget; applied to individual line items.
Notes: 1. Prices are valid for 60 days from date of issue. 4. Prices are based on a stable bid climate and
2. Prices are for the stated scope and site only. a minimum of (4) competitive bids.
3. Prices do not include furniture costs. 5. Adjust budget by using burdened cost values,
Page 1 of 1