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HomeMy WebLinkAbout17-Public Works . CITY OF SAN BERNARDINO - Dept: Public Works O/?/GINAL REQUEST FOR COUNCIL ACTION File No.7. 86 Authorization to Execute License Subject: Agreement with San Bernardino State University - Installation of Signs in University Parkway & Northpark Boulevard . From: ROGER G. HARDGRAVE Date: 4-17-97 Synopsis of Previous Council action: 3-03-97 - Request from San Bernardino State University approved in concept, and the City Attorney directed to prepare the "D!.iH~. Oi;'FiC~' standard form License Agreement. 21 APR 97 3: }.J Recommended motion: Adopt resolution. cc: Fred Wilson Jim Penman a~" Contact person: Roqer G. Hardqrave Staff Report, License Supporting data attached: Aqreement & Resolution Phone: 5025 Ward: 5 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: Res 97- 1/5' S!S!Q7 . Agenda Item No. J 7 ./" 75-0262 " CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT A University the curbed Boulevard. request was received from the San Bernardino State for authorization to install directory signs wi thin median in University Parkway, and along Northpark This request was approved, in concept, at the Council meeting of 3-03-97, and the City Attorney was directed to prepare the necessary standard form License Agreement. The License Agreement provides, in general, that the Universi ty may install the directory signs wi thin these street rights-of-way, subject to payment of a $500 administrative fee. Furthermore, the City may terminate the authorization for in- stallation of these signs with 30 days notice. In the event that authorization is terminated, the University will imnediately remove the signs. We recommend that the License Agreement be approved. 04-17-97 7$-0264 . : : ,,,.... l I .... ' : ......J 'f~---~ : :J " : , \. : I ,: I ". ~ '-....i ~1 -,......'--......---......-- L--=~ III'rllrno..;;-- ""== "- ", . i i . : : . . . . : . . . . ! : : : . . i . I I . . . , ..-\ \ r...::,..........\ ~ ~ ~ ~ ~ rI) ~ rI) I ~ E-4 rI) i ~ u ... . ... . 0 , ... '" . u ... c " " ~ ... ~ , is c '" , 0 8@-f . e e e I 2 LICENSE AND AGREEMENT THIS LICENSE AND AGREEMENT is made and entered into this _day of_, 3 1997 by and between California State University San Bernardino, a California State University hereinafter sometimes referred to as "Licensee" and the CITY OF SAN BERNARDINO a 4 municipal corporation hereafter sometimes referred to as "City". 5 WITNESSETH 6 For and in consideration of the mutual promises and covenants herein contained, the parties hereto do hereby agree as follows: 7 I. City hereby gives permission revocable and terminable as hereinafter provided to 8 Licensee to erect and or install in conformance with existing laws on a certain portion of City property located on the north side of North park Boulevard and the medians at Northpark 9 Boulevard and University Parkway, San Bernardino, California, directory signs at such locations and subject to any requirements or conditions as may be imposed by the Director of Public 10 Works / City Engineer and the Director of Planning and Building Services of the City. II 2. This permission is given to Licensee as an accommodation to Licensee and shall be rent free, however, the Licensee shall pay a five hundred dollar ($500) administrative fee to 12 the City prior to the installation of any sign (s). 13 3. Licensee hereby acknowledges the title and paramount interest of the City property and agrees never to assail or resist said title or interest and to observe present or future 14 set back requirements relating thereto. IS 4. City reserves the right to terminate the permission hereby given at any time by giving Licensee at least thirty (30) days written notice of such termination except that City may 16 at its election terminate said permission forthwith at any time if Licensee shall fail to comply with or abide by each and all of the provisions hereof or keep each and all of the Licensee's 17 promises herein. Waiver by City of any breach of any term or provision hereof shall not be deemed a waiver of any subsequent breach of the same or any other term or provision hereof. 18 5. Licensee agrees to construct the directory signs only with specific written 19 authorization of the Director of Public Works / City Engineer and at the sites as is designated by the Director of Public Works / City Engineer. The directory signs shall be maintained at all 20 times in a safe, neat, sightly and good physical condition. City shall be the sole judge of the quality of maintenance, and upon written notice by City, through its Director of Public Works / 21 City Engineer, stating in general terms how and in what manner the maintenance is required. Licensee shall be required to perform such required maintenance. If Licensee fails to do so, then 22 City shall have the right to perform this maintenance, the cost of which shall be borne by Licensee. Licensee further agrees to erect and maintain the directory signs in conformity with all 23 building codes, rules, regulations and guidelines of the City of San Bernardino. Licensee shall at its own responsibility and expense obtain and keep in effect all licenses, bonds and permits 24 necessary for the installation and existence of the directory signs. 25 6. Upon termination of this agreement, Licensee agrees to immediately remove the signs from City property and restore the property to its original condition. If Licensee fails to 26 exercise its duties under this paragraph, City shall have the right to remove the signs and restore the premises at no cost or liability to the City. Licensee covenants and agrees to reimburse City 27 28 CDKltbm[cssb.lic] 1 r- I e I for such removal and / or restoration. 2 7. City shall in no way be responsible for loss of or damage to the signs or for any property belonging to or rented by Licensee, its officers, servants, agents or employees that may 3 be stolen, destroyed or in any way damaged during the erection or maintenance of the signs and Licensee indemnifies City, its officers, agents, servants and employees from and against any and 4 all such claims. 5 8. Licensee shall exercise its privileges under this license at its own risk. Licensee shall indemnify and hold harmless City, its elective and appointive boards, commissions, 6 officers, agents and employees from liability resulting from, arising out of, or in any way connected with, the construction or installation of any structure referenced to in this license, the 7 occupation or use of the public areas of such structure, both during and after the installation thereof, including claims resulting from the conduct of Licensee, its employees, invitees, guest, 8 or agents of Licensee, or Licensee's failure to perform its promises in connection herewith. Licensee shall defend City, its elective and appointive board, commission, officers, agents and 9 employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused by reason of any of Licensee's operations under this agreement. 10 9. This license is personal to Licensee. It is nonassignable, and any attempt to II assign this license will terminate the license privileges granted to Licensee under this agreement. 12 10. Licensee agrees that should any action, whether real or asserted, at law or in equity, rise out of the terms of this agreement, or by Licensee's operations on the premises, 13 venue for that action shall lie in San Bernardino County, California. e 14 II. In any action brought by City for the enforcement of the obligations of Licensee, in which City prevails, City shall be entitled to recover interest and reasonable attorney's fees." 15 IN WITNESS, the parties have executed this agreement on the 16 of 1997. 17 day of Tom Minor, Mayor CITY OF SAN BERNARDINO 18 19 ATTEST: 20 CALIFORNIA STATE UNIVERSITY City Clerk SAN BERNARDINO, A CALIFORNIA 21 STATE UNIVERSITY 22 Lice~ Approved as to form By 'It-~ 23 and legal content: D id DeMauro Vice President of Administration and Finance 24 James F. Penman City Attorney Attest: 25 By ~ h'-^-'? 26 I~-Y-Y"rl' crj, >if. ~/L- '-' .... // e 27 U 28 COKltbm[cssb.lic] 2