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HomeMy WebLinkAbout14-Development Services ,. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK Director Or:I':'j','.~L Subject: Resolution authorizing the execution of a License Agreement with SBT Partners, LLC, for use of vacated Rosewood Drive for public works project purposes relative to the "HUB" project. Dept: Development Services Date: November 20, 2002 Synopsis of Previous Council Action: File No. 15.06-158 MCC Date: 12-02-2002 10-21-02 - Resolution No. 2002-348 was adopted, ordering the vacation of portions of Rosewood Drive, between Orchard Drive and Tippecanoe Avenue and Orchard Drive, south of Rosewood Drive (Plan No. 10503). Recommended Motion: Adopt Resolution. J~ 9-- Contact person: EILEEN GOMEZ Phone: 5328 Supporting data attached: Staff Report/Maps/ Ward: Reso/License Agreement FUNDING REQUIREMENTS: Amount: None 3 Source: (Acet. No.) (Acct Description) Finance: Council Notes: 'v eR"'.~ -zm'Z:-31\ I Agenda Item No. PI IJ./tl/b(}- I,,'"~ " CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution authorizing the execution of a License Agreement with SBT Partners, LLC, for vacated Rosewood Drive for public works project purposes relative to the "HUB" project. BACKGROUND: The "HUB" project, is a proposed development in the area generally along Laurelwood Drive and portions of vacated Rosewood Drive, west of Tippecanoe Avenue. This project will require a realignment of Laurelwood Drive from its present intersection at Tippecanoe A venue, to Harriman Place. The first phase of this development involves the relocation of Sam's club to the new site. The Economic Development Agency is the project manager for this development, and the City is overseeing the design and construction of street improvements. On October 21,2002, Resolution No. 2002-348 was adopted, ordering the vacation of portions of Rosewood Drive, between Orchard Drive and Tippecanoe Avenue and Orchard Drive, south of Rosewood Drive. Temporary easements for existing facilities have been reserved, and once development starts, existing facilities will either be relocated or abandoned, and the temporary easements will terminate. In order to minimize a negative impact on traffic during construction of this project, SBT Partners, LLC previously unilaterally granted the City a License for the right to use, and allow the public to use vacated Rosewood Drive. The License allows the use of the former street as a temporary detour for public pedestrian and vehicular traffic during the public works construction project. The License also includes an amendment for indemnification purposes. A map depicting the vacated Rosewood Drive area where temporary access is being granted is attached. FINANCIAL IMP ACT: None, RECOMMENDATION: Adopt resolution. " No Scale 5th St. Mill Sl. ~ < . o c o u . Orange Show Rd. ~ 1= .. . . o LOCA TION OF PROPOSED VACA TlON VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed vacation of portions of Rosewood Drive and Orch ard Drive. ~ indicates un-incorporated areas ~ within City's Sphere of Influence Created by: Date: hi Ii:.-- ,', ---::JnN3/1 It --1---- 30NIt::Bddll--i-------- , /'t i I~I C\j c") LO I C\j I C\j C\j C\j' 1 I ~ C\j "'" LO to "'1 1 O~ I-~ ~~ "'" ~ ,.Z.Z!;I II LO ~ to ~ r..... ~ co ~ 0) ~ o C\j . ~ .szl.or ~ , I , I ~ 1 ,!il: .!iZ ~ I Cl j :s I , I , '''''I''' , I , I , 1 ~ "'" ("xal C\j "'" 311/~a +oc} ~ ~ ~. ~6>' ~:" ~ to C\j r..... 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Q) C '" ""'0 '-;.. , '~ t' 0 !-" -', ~ ~ ~t ~ ~<~ -0 . ~ Q) "l ~ "\ N () ~ ~ ~.~ ,,\O~ C") o an o ~ . o z z c( ..J c.. 14 15 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this 16 17 18 19 20 " . . 21 22 23 24 25 26 27 .' 28 ~(G@r~? 1 RESOLUTION NO. 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH SBT PARTNERS, LLC, FOR USE 4 OF VACATED ROSEWOOD DRIVE FOR PUBLIC WORKS PROJECT PURPOSES 5 RELATIVE TO THE "HUB" PROJECT. 6 7 8 9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, a License Agreement relating to that certain real 10 property commonly known as Rosewood Drive and more specifically described in the License 11 12 Permitting Limited Entry for Public Works Project Purposes, a copy of which is attached hereto, 13 marked Exhibit "I" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above-referenced agreement is rescinded resolution. 11/ Mo, I Ii 1'2-/2-102 11/20/02 . . .' RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH SBT PARTNERS, LLC, FOR THE USE OF VACATED ROSEWOOD 1 DRIVE FOR PUBLIC WORKS PROJECT PURPOSES RELATIVE TO THE "HUB" PROJECT. 2 3 4 Common Council of the City of San Bernardino at a 5 6 7 8 9 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and meeti ng thereo f held on the day of ,20_, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE 10 11 12 13 14 15 16 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK ,20_, 20 21 22 23 24 25 26 27 28 Approved as to form and legal content: JUDITH V ALLES, Mayor City of San Bernardino JAMES F. PENMAN City Attorney By: ~__ f.f~ tl 11/26/02 2 . . 2002 LICENSE PERMITTING LIMITED ENTRY FOR PUBLIC WORKS PROJECT PURPOSES (Amendment No. I to License Agreement: Former Public Street Segments of Rosewood Drive) THIS AMENDMENT NO. I ("Amendment No. I") to License Agreement (the "License") is dated as of December 2, 2002, by and between SBT Partners, LLC, a California limited liability company (the "Owner") and the City of San Bernardino (the "City") in light of the following facts: (I) The Owner has previously issued the License in favor of the City in the form attached hereto as Exhibit "A" and incorporated herein by this reference and the meaning of defined terms as set forth in the License shall be the same when used in this Amendment No. I; (2) This Amendment No. I to the License is jointly executed by the Owner and the City in furtherance of Section 10 of the License; and (3) The Owner and the City intend and declare that the use by the public of the Former Street in conjunction with the City's pursuit of the Harriman Place Construction Project between the Effective Date and the Expiration Date shall be as provided under the License and this Amendment No.1. THE OWNER AND THE CITY HEREBY AGREE: correct. Section 1. The three (3) paragraphs of the recitals as set forth above are true and Section 2. The City hereby agrees to indemnify, defend and hold harmless, the Owner and its members, employees, contractors and agents (collectively the "Owner Indemnitees") from and against any third party suits, demands, claims, causes of action, losses, liabilities, costs and expenses, including reasonable attorneys' fees (collectively a 'Third Party Claim") that may be imposed on, incurred by or asserted against the Owner Indemnitees by reason of or on account of or in connection with: (A) any negligence, willful misconduct or failure to act (when obligated to do so) by the City or its agents, contractors or employees occurring on the Former Street during the term of the License in connection with the City's pursuit of. the Harriman Place Construction Project; or . \ S82002:40277.1 1 " . . '. (B) any accident, injury, death or damage to any member of the public or property owned by a member of the public occurring on the Former Street during the term of the License in connection with the City's pursuit of the Harriman Place Construction Project. Notwithstanding anything to the contrary contained herein, no indemnity obligation under the License shall be owed by the City to the Owner Indemnitees relative to Third Party Claims resulting from the willful misconduct or negligence of any Owner Indemnitee except to the extent that negligence may be apportioned between the Owner and the City by ajudge or jury following trial, or if the Owner Indemnitee and the City may mutually agree, by an arbitrator in non-binding arbitration, The City shall not be obligated to defend, indemnify or hold harmless an Owner Indemnitee from a Third Party Claim unless and until the Owner Indemnitee provides written notice to the City promptly after such Owner Indemnitee has actual knowledge of the facts and circumstances of the Third Party Claim, describing in reasonable detail such facts and circumstances of the Third Party Claim and including a request for indemnification by the City. The indemnity obligation of the License shall survive the termination or expiration of the License but only to the extent based upon events or circumstances occurring on the Former Street between the Effective Date (e.g., the date of initial use by the public of the Former Street in connection with the City's pursuit of the Harriman Place Construction Project) and the Termination Date. . \S82002:40277.1 2 .' . . .' AMENDMENT NO. I TO LICENSE AGREEMENT: FORMER PUBLIC STREET SEGMENTS OF ROSEWOOD DRIVE Section 3. As supplemented by this Amendment No. I, the License shall remain in effect through the Termination Date. OWNER SBT Partners, LLC, a California limited liability company Date: By: CITY City of San Bernardino Date: By: Judith Valles, Mayor ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: . DEe-02-02 12:57 9098853187 P 03 1018853187 R-m Job-S91 .' 12:02-02 11:54 From-LEWIS BRISBOIS BISGARD & SMITH LLP T-887 P 03/07 H55 . 2002 LICENSE PERMITIlNG LMTED ENTRY fOR PLllLIC WORKS PROJECT PL'R/lOSES (S8T Partners, Ltc) THIS LICENSE PERMITTING L.IMITED ENTRY fOR PUBLIC WORKS PROJECT PURPOSES (this "LI'ense') is umlater&lly granted by SaT PARTNERS, Ltc. a California limited liability company ("Owner"), to the CITY OF SAN BER-'l\1ARDlNO, a California charter city, cOij'orate anU politic (the "City"). IN CONSIDERATION OF THE CITY UNDERTAKING THE PUBLIC WOlU<S PROJECT DESCRlSED HEREIN, THE OWNER GRANTS A LICENSE TO THE CITY, ~ fOLLOWS: Section I. Effective Date of License. This License shall take effect on the dilt" when the Owner executlOS this LicenSl: by and through the signanu-e of the Owner's duly authori2ed representative (the "Effective Date"). SeCtion 2. 'ferm of Licelllill. This License shall commence on the Effective Date and expire at 8:00 a.m. Pacific Time all Janl-lary 11, 2003 (the "Expiranon Date"). Section 3. Crallt of License. The Owner hereby grants to the City the right TO enter upon, ellSI' and allow the public to use that certain real propeny commonly known as the nght-of way of tormer Rose...ood Drive and more specifically described in the legal description attaChed to this License as Exhibit "A" (the .'former Street"). This License is only for use of the former Sn-eet by the City and lIS a detour for p~blic pedestrian :md vehicull1r traffic during the City's pursuit of the Harriman Place public works construction project duting the term of this License. By entering onto Ihe Former Sn-eet or clirecting other:! to enter onto the Former Street after the Effective Date, the City shllll hav" acceptecl the use of the Former Street in its "AS-IS" and "WHERE IS" condition and subject 10 the terms of this LIcense. The Owner ma$:es no representations or warranties to the CllY regllTding the condillon of the Former Street or its fimess for any partlcular use, unless expressly set forth in this LIcense. Section 4. No Offer of DedicatioD of tbe Fonner Street for Public US!!_ The Owner intends that this License is not and shAll not be construed as an offer of declication by the Owner of the rormer Street for publi(' use. Further, the rights granted to the City ill this Licc:ns<; lire by pennissioll of and subjeCt 10 the control of the Owuer. Section S. No lotent to Create Third Panv aeneficiaries. The Owner Intends that the righlS granted llSlder this Lieens.. shall benefit and burden only the Owner and the CitY. and thf: Owner doe9 not Intend U) create any rigl1ts in, or right of action to or for the use aT bcnefit of any third party, including any member aT members of the pUblic or my governmental agency, other thm the City. . \ . S81002:3820;.2 I EXHIBIT "A" . DEC-02-02 12:57 12-02-02 11 :54 9098853187 From-LEWIS BRISBOIS BISGARO , S~ITH LLP P04 9098853187 R-272 Job-698 T-887 P04/07 F-255 Section 6. OWlll!r Consl!nt to Enforcement or TraQ;je Laws On the Former Strut. The: . Ownrr requests that the City enforce and consenfS to the City enforcing the provisions of the ClIlifom,a, Vehicle Code and all local ordinances, resnlutions and regullltions applicable to pc:dC:Strian, vebiclllar, bicycle and other traffic on public sneets wimin the City (collectlvely, '"Traffic Law~"), to the same eXtent and in the same manner lIS the City enfotces such Traffic Laws on public sneets within the City, regarding any similar activity on the Fotmer Sneet during the term of this License. Section 7. InstxUation of Traffic Clllnrnl Devices. The Owner consents to the City it1S\alling any and llll traffic control devices, incl\lding, but not limited to, signs and barriers, on the Former Street dm-ing lhe term of this License. Design. review and appmval of the aforementioned Traffic Conn-ol Devices are the sole responsibility of the City or its designee. The Owner is nOt responsible for installation, maintenance, or the lack thereof, of City Traffic Connol Devices. Section 8. Owner Covenant Not (0 Revoke Lieeuu. The Owner covenants to tbe City that the Owner will not revoke this License prior to the El'piration Daw. Section 9. OWQ.I!T Covenabt NOT to Remove or Modify Paved Are~ of forTlll'r StreeT. The Owner covenants to the CitY not to remove or modify any areas of the Fonner Sneet that are paved with asphalt, during the term of this License, without the prior written consent of the City. Section 10. Owner Caneellation Ri~bL NotwithstandIng any other proVision in this License, the Owner shal! have the right 10 cancd and terminate tbis License, if the City does nOt agree to accept responsibility for all losso:s or iIijuries occurring on the Former Street to members of the public and the contractors, subcomrllCtots, agents. employees and officers of lhe CitY, and to the . property of such persons who use the Fonner Street as part ofth!: City's pursuit of the Haniman Place Consnuction Project during the term of this Licen5l:, by the approval of a motion or resolutiotl of th~ Mayor and Common Council of the City to such effect, reasonably satisfactory to tbe Owner, all or before December 2, 2002. The right of the Owner to cancel and terminate this Licen;;e must be exercised by the Owner by serving Wl1ttell notice of its exercis~ of such right, referencing this SeCtion 10, on the City, pursuant to the provisions of S.:clion 11 of this License, and thereafter such canc<':1lation of the liceo::le shall be effective: fourteen (14) days followiug the date of such nntice. Section 11. Notice to the Parties. For the purpose of tbis License, communications and notices among the Owner and the City shall be in writing atld shall be deemed to have been given when actually delivered, if delivered by courier or ovornight courier semce, or if mailed, three (3) days following the date of deposit ill the United StaleS Mail, First Class, postage prepaid, return receipt requesled and addressed to tlte applicable party as follows: To the City: To Owner: City of San Bernardino 300 N. ..D" Street San Bernardino, Califomia 924!8 Attention: Ray Case:y, City Engineer Phone: (909) FAX: (909) Phnue: L-> FAX: L-) . 2 SB2002J820~ 2 DEe-D2-D2 12:57 12-02-02 11:55 9098853187 From-LEWIS BRISBOIS BISGARD I SUITH LLP P05 8098853187 R-m Job-598 T-887 P05/07 F-255 Section 12. Govenaml! Law. This License is granted and me subject Fonru:r Sneet is . located in Califomia. This License shall be governed by, intezpreted under, and consnued and enforced in accordance with the laws of me Stare ofCalifomia. Nly legal actions between the Owner and the Cny arising from this License shall be filed in Ihe Superior CoUlt of the State of California in and fOf me County of San Bernardino, Central District. Section 13. Partiallnvaliditv. If any term or provision or portion of this License or the application thereof to any person or circumstance sball, to any extenl, be invalid or n"enforceable, the remainder of this License, or the application of such term or provision or ponion thereof to peNons or circumstances other than those as 10 which it is held invalid or unenforceable, shall not be aff~ted thereby, and each such term and provlsion of this License shllll be valid and enforced to the fullest extent permined by law. Section 14. Waiven.. No waiver of any breiiclt of any covenant or provision contained in . this License shall be deemed a waiver of any precedmg or succeeding breach thereof, or of any other cov=1 or provislon herein contained. No extenSion of the time for performance of any obligation or act to be performed herein shall not be deemed to be an extension of the time for performance of any other obligation or act TO be performed under this License. SeCTion 15. Professional .'~. If any acTion or suit among the Owner and the Ciry is brought by reason of any breach of any of the coveIllIlUS or provisions of this License, the prevailing pany shall be entitled to have and recover of and from the other pany all costS and t!)<pepse5 of the action or suit, any appeals therefrom, and enforcement of any judgment in connection therewith, includmg reasonable attorneys' fees, aCCOUnTing and engineering fees, and my other professional fees . resultin~ therefrom. For the purposes of this Section 16, the pllrase "reasonable attorneys' fees" shall mean and include the salaries, costs, benefits and overhead of the CitY Attorney for me City of San Bernardino and The aJ:tomeys employed in such office who perform work in cOlU\ection with any such action or proceeding. Section 16. Entire Al!...."ment. This License (including all Exhibits attached hereto) is the final expression of, and contl>ins the enTire agreemenl with n:spect to The subject maner hereof and supersedes all prior IIl1derstandings wim respect thereto. This License may not be modified, changed, supplemented or terminated, nor may any Obligations hereunder be waived, except by written instrument signed by the pany to be charged or by ilS agent duly lluthoriud in wriling or as otherwise expressly permitted herein. Section 17. Constrnet!on. Headings at the begillning of each section., paragraph or subparagraph are solely for the convenience of the parties and arc nOT a part of this Licell'><'. Whenever required by the context of this License, the singular shall include the plural and the masculine shall include the feminine and vice versa. This License shall not be consttllcd as if it had been prepared by one of the panies, but rather as if both panies bad prepared the Sllnle. Unless otherwise indicated. all ref"re>"'es to sections are to this License:. All exhibits referrad to in tlns Lice:ose are anached hc:r.;to and incorporated herein by this reference. If the date Oil which any action is required w be perf~cd under the tenns of this Lic~se is not a business day, the action shall be taken on the next succee<1mg business day. . 3 S62Oll2 312Q;.2 DEC-02-D2 12:57 12-02-02 11:55 9098853187 From-LEWIS BRISBOIS BISGARD & SMITH LLP P.06 9098853187 R-ZTZ Job-698 T-887 P.DS/D7 F-255 IN WITNESS WHEREOF. Sat Panners. LLC. executeS thi~ License Perminmg Limited Entry . for Public Works Project Puzposes by and through the signarure ofits duly authorized representative, as follows; OWNER saT Partl1e~.llC, a California limited liability company Dated: I:;l. -,;;, -Dr . . S~2'3Il1Jl:i2 4 . DEC-02-02 12:57 9098853187 , 12-0~-02 11 :55 From-LEWIS BRISBOIS BISGARO , SMITH LLP . ExumIT"A" P07 8088853187 J-l!JI:al Deseriptiou of the Former Street . .\ SS20OZ:3S::O.2 5 R-m Job-S98 T-887 P 07/07 F-m .: I.' ~ " . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): I Z - z..-Oz.. Item # 11\ Vote: Ayes " 3 -f) Nays kr Change to motion to amend original documents: - Resolution # 70(::/2-- 3'1 I Abstain kr Absent ?- Reso. # On Attachments: 1 Contract term: - Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTV Null/Void After: ioa D"'1oS / 1- 3 I -03 By:- Date Sent to Mayor: 11.-~-o2-- Date of Mayor's Signature: l2-4-0L Date of Clerk/CDC Signature: I Z- 5" "O-L Reso. Log Updated: V Seal Impressed: v Date Memo/Letter Sent for Signature: , 2.. {., -0 ~ .Ji6"1'l.y Reminder Letter Sent on)lltlfifay: \- 1"}-03 90 Day Reminder Letter Sent on 45th day: See Attached: ~ Date Returned: See Attached: --.L See Attached: Request for Council Action & Staff Report Attached: Ves ~ Updated Prior Resolutions (Other Than Below): Ves Updated CITV Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Ves Updated CDC Personnel Folders (5557): Ves Updated Traffic Folders (3985,8234,655,92-389): Ves No By No ---L- By No 1 By No + By No By Copies Distributed to: City Attorney ,./ Parks & Rec. Code Compliance Dev. Services ~ EDA Police Public Services Water Finance MIS Others: Notes: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE VEARL Y RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE IContract Term, etc.) Ready to File: 0,,( Date: ')-1--03 Revised 01/12/0 I ". . ,i, " I CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: December 6, 2002 TO: Eileen Gomez, Real Property Specialist FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2002-371 At the Mayor and Common Council meeting of December 2, 2002, the City of San Bernardino adopted Resolution 2002-371 - Resolution authorizing the execution of a license agreement with SBT Partners, LLC, for the use of vacated Rosewood Drive for public works project purposes relative to the "HUB" Project. Attached is one (1) original agreement. Please obtain signatures in the appropriate location and return the original agreement to the City Clerk's Office as soon as possible, to my attention. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by January 31, 2003. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary I hereby acknowl~ tceipt of Signed: ~//p Date: ) y;; ~ ~ e a ove mentioned documents. Please sign and return