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Home My WebLink About24-Public Works _ File No. 6.59 CIYY OF SAN BERNAlPINO - REQUEST Fce COUNCIL ACTION From: ROGER G. HARDGRAVE ._ De~PubliC Works/Engin~~ring . Authorization to Execute License Subject: Agreements wi th Fullerton Build- ing, Inc. (SANBAG) -- Placement of Trash Enclosure & Ingress & Egress, Parking District Lot No. 3 Date: 2-07-91 Synopsis of Previous Council action: None. Recommended motion: Adopt resolutions. e cc: Shauna Edwins Jim Penman Supporting data attached: Gene R. Klatt Staff Report, License Aqreements, Resolutions Phone: 5125 Contact person: Ward: 1 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. DescriPtion) Finance: Cel Notes: 75-0262 Agenda Item No~3-.:J.tl CITY OF SAN BERNAl NO - REQUEST F. COUNCIL ACTION e e e 75-0264 STAFF REPORT San Bernardino Associated Governments (SANBAG) is in the process of acquiring the building at 472 North Arrowhead Avenue to serve as their offices. In anticipation of relocating from their existing facili ties, the San Bernardino Associated Governments (SANBAG) requested the City's Parking Place Commission to consider allowing placement of a trash enclosure in Parking District Lot No.3, and allowing ingress and egress. The existing driveway approach to Arrowhead Avenue provides the only means of access to this parcel. Existing parking spaces are 900, which allows the driveway approach to provide both ingress and egress to this parcel. SANBAG would like to redesign the parking to use angled spaces. However, egress would be needed at the west boundary line (to Parking District Lot No.3) since drivers will not be able to exit the site by the driveway approach to Arrowhead Avenue. Redesigning the parking will necessitate that the trash enclosure be relocated. It is proposed that the trash enclosure be re- located to Parking District Lot No.3. The proposed location is in a corner, and will not impact circulation or result in the loss of any parking space. The proposed License Agreements will grant SANBAG the right of ingress and egress through Parking Lot No.3, and to place a refuse enclosure. The initial period of these license agreements is 5 years, subject to additional 5-year extensions, as long as SANBAG remains the tenant of the building at 472 North Arrowhead Avenue. The Parking Place Commission has reviewed request, and approved it subject to execution of Agreements that can be revoked on 30 days' notice. SANBAG's License We recommend that the License Agreements be approved. 2-07-91 e e e . . 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH FULLERTON BUILDING, INC., 3 RELATING TO PLACEMENT OF A TRASH ENCLOSURE IN PARKING DISTRICT LOT NO.3. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City 8 a License Agreement with Fullerton Building, Inc., relating to 9 placement of a trash enclosure in Parking District Lot No.3, a 10 11 12 13 14 15 16 17 18 copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The agreement shall not take effect until fully signed and executed by all parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execute the above- 19 referenced agreement is rescinded if the parties to the agreement 20 21 22 23 24 25 fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / / / / / / / / / / / / / / / / / / / / / 2-07-91 ~'-I GRK:rs 26 27 28 e e e 10 MINOR 11 POPE-LUDLAM 12 MILLER 13 14 15 16 17 18 19 20 RESO: AUTHORIfG EXECUTION OF LICENSE 'EEMENT WITH FULL~~~UN BUILDIN INC., RELATING TO PLACEM OF A TRASH ENCLOSUR IN PARKING DISTRICT LOT . 3. 1 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 4 _day of 1991, by the following vote, to-wit: 5 Council Members: AYES NAYS ABSTAIN 6 ESTRADA 7 REILLY 8 FLORES 9 MAUDSLEY City Clerk The foregoing resolution is hereby approved this day of , 1991. w. R. Holcomb, Mayor Ci ty of San Bernardino Approved as to form and legal content: 21 22 23 24 James F. Penman City Attorney By .NJulHu~.I(", r ./ ~ 25 26 27 28 - 2 - e e e . . LICENSE AGREEMENT (For Refuse Enclosure) This agreement is made this day of January, 1991, by and between the city of San Bernardino, hereinafter referred to as "Licensor" and Fullerton Building, Inc., hereinafter referred to as "Licensee." WHEREAS, Licensor is the owner of Parking District Lot No. 3 which is located next to the property of Fullerton Building, Inc. located at 472 North Arrowhead Avenue in the City of San Bernardino; and WHEREAS, Licensee is owned by San Bernardino Associated Governments (SANBAG) and SANBAG will be the sole tenant of the building located at 472 North Arrowhead Avenue; and WHEREAS, Licensee desires to be granted a license to allow for the placement and use by Licensee and SANBAG of a refuse enclosure to be located adjacent to the northwest corner of Licensee's property on Parking District Lot No.3. NOW, THEREFORE, it is agreed as follows: 1. Licensor grants to Licensee for its use and the use of its tenant SANBAG a license to place and use (including necessary ingress and egress) a refuse enclosure on Parking District Lot No.3. The refuse enclosure placement shall be adjacent to the northwest corner of Licensee's property located at 472 North Arrowhead Avenue as indicated in Exhibit "A" which is attached hereto and incorporated herein by reference. 2. This agreement shall be effective for a period of (5) five years commencing , 1991, and terminating on , 1996, or at such time as SANBAG is no longer the tenant of the building located at 472 N. Arrowhead Avenue, San Bernardino, California; in which case this license may terminate in less than (5) five years. - 1 - . . ~ 3. Following expiration of the initial term of this license, Licensee may extend the term of this agreement for an additional (and successive) (5) five year term and for additional (5) five year terms thereafter, as long as SANBAG remains the tenant of the building located at 472 North Arrowhead Avenue, San Bernardino, California. 4. Licensor reserves the right to require modifi- cations to the license granted herein by providing written direction to Licensee and may terminate the license granted herein by the giving of a thirty (30) day written notice of termination. ~ 5. The refuse enclosure shall be constructed and provided by Licensee, at its own cost, and according to requirements of the Public Works Department of the City of San Bernardino. Any required painting stripes around the refuse enclosure shall be performed at Licensee's expense. 6. This license is nonassignable. 7. Any modification of this license agreement shall be binding only if evidenced in writing signed by an authorized representative of each party. 8. Licensee shall indemnify and hold Licensor harmless from and against any and all liability from personal injuries, property damage, or for loss of life or property resulting from the use of the license granted herein. 9. Upon termination of this license agreement, or revocation of this license, Licensee agrees to immediately compensate Licensor for all damages (if any) and/or remove all ~ obstructions caused by Licensee to Parking District Lot No. 3, upon written notice to Licensee by Licensor. -2- - - -- -- . . IN WITNESS WHEREOF, the parties hereto have executed ~ this agreement the day and year first above written. LICENSEE LICENSOR FULLERTON BUILDING, INC. CITY OF SAN BERNARDINO (Title) Mayor (Ti tle) Dated: ATTEST: city Clerk ~ Dated: Date: ALAN K. MARKS COUNTY COUNSEL APPROVED AS TO FORM AND LEGAL CONTENT Date: .2/.rl"ll JAMES F: ptNMAN CITY ATTORNE~ B~"i~ 1..{a.. j APPROVED AS TO FORM By: RONALD D. REITZ Chief Deputy County Counsel VLL/LicAgree 01/22/91 ~ -3- - - . . Downtown. P Grrklng Dlsfrlct e f'orKlng Lot na 3 -+ .5 In ~Sl:reel: . EXH/fJrr "A" ,sAN 8A G Off ICES . I!EFt/SE: 81N e I II 13 ~ ~ II .. ~ _e+- ~4th 5treet . , ~ACCEiS5 SCALE /"-/00' I -t- ~ ~ :s: ~ .~ ~ ~ ~ { -t- I