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HomeMy WebLinkAbout30-Public Works FileRP .88-76 CITY OF SAN BERNARDINO - REQUEST FI)R COUNCIL ACTION From: ROGER G. HARDGRAVE flEe'c. _lDMIMluaji,Et: Public Works/Engineeri~9 ~R I 0 I~~ \Q: \ 0 3-27-89 Authorization to Execute an Encroachment License Agreement with Pure Bred Auto Brokers, Inc. -- Installation of Wrought Iron Fence and Lighting Fixtures 333 South Waterman Avenue ~ ' Dapt: Data: Synopsis of Previous Council action: 02-20-89 -- Authorization to encroach into street right-of-way granted and City Attorney directed to prepare standard form License Agreement. Recommended motion: Adopt resolution. cc: Jim Robbins Jim Richardson Jim Penman Contact person: Gene R. Klatt Staff Report, Supporting data attached: Res,", 111-10; ,",n. AqreF!mF!nt- Phone: 5125 1 Ward: FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No,) (Acct. Descriotion) Finance: Council Notes: 75.0262 Agenda Item No 30 - CITY OF SAN BERWRDINO - REQUEST~OR COUNCIL ACTION STAFF REPORT On February 20, 1989, the Mayor and Common Council considered the request submitted by Pure Bred Auto Brokers, Inc. to improve their display area as the result of enforce- ment efforts of the More Attractive Community Committee. The applicant requested permission to install improve- ments within the City's right-of-way consisting of a wrought iron fence and ornamental street lights. These encroachments will be installed up to a maximum distance of 3 feet wi thin the street right-of-way. The request to encroach was based upon a desire to avoid removing a portion of the concrete slab constructed for displaying cars. The City Attorney's office has prepared the resolution and the license agreement as directed. The owner has signed the agreement, but has not yet submitted proof of insurance to the Risk Management Department. This insurance is a requirement of the agreement. We recommend that the agreement be approved. The agreement will not be released to the applicant until the prescribed insurance verification is submitted. 3-27-89 75.0264 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 28 ~<".-.. J .- I."..- i RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN ENCROACHMENT LICENSE AGREEMENT WITH PURE BRED 3 AUTO BROKERS, INC. RELATING TO INSTALLATION OF A WROUGHT IRON FENCE AND LIGHTING FIXTURES WITHIN PUBLIC RIGHT-OF-WAY AT 333 S. 4 WATERMAN AVENUE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS~ 6 7 SECTION 1. The Mayor of the City of San Bernardino is 8 . hereby authorized and directed to execute on behalf of said City an Encroachment License Agreement with Pure Bred Auto Brokers, . Inc. relating to installation of a five-foot wrought iron fence and five (5) ornamental lighting fixtures within the public right-of-way at 333 South Waterman Avenue, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1989, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk PZ/dys February 23, 1989 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION . . . AUTHORIZING THE EXECUTION OF AN ENCROACHMENT LICENSE AGREE1"""l-lT WITH PURE BRED AUTO BR ~RS, INC. RELATING ' TO iNSTAiLAT~ OF A WROUGHT IRON FENCE . . . AT 333 S. WATERMAN AVENUE. 1 2 of The foregoing resolution is hereby approved this , 1989. 3 4 5 6 7 8 9 Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: .~7.f~ C 26 27 28 PZ/dys February 23, 1989 day Evlyn Wilcox, Mayor City of San Bernardino 2 ~. "- .'- ....,/ EXHIBIT "A" A G R E E MEN T (License for Encroachment) This AGREEMENT is entered in to this day of , 1989, by and between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and PURE BRED AUTO BROKERS, INC., referred to as "Licensee". City and Licensee agree as follows: 1. Reci tals. (a) Licensee has requested permission from City for the encroachment of a five-foot wrought iron fence and five (5) ornamental lighting fixtures into the street right-of-way at 333 South Waterman Avenue. (b) City is willing to grant permission to Licensee for said installation to the extent to which such permission may be given by City, upon the conditions set forth in this agreement. 2. License Granted. Ci ty grants permission to Licensee to install a five-foot wrought iron fence and five (5) ornamental lighting fixtures, three (3) feet into the street right-of-way on real property located at 333 South Waterman Avenue, San Bernardino, California, as depicted on a drawing on file in the office of the Director of Public Works/City Engineer of the City of San Bernardino. 3. Construction/Installation. Licensee agrees to construct and install the fence and lighting fixtures in accordance with the drawing on file. No alterations or changes from said drawing shall be made without first receiving written approval from the City of San Bernardino. 4. Rules and Regulations. Licensee shall observe all rules, regulations, ordinances and enactments of City and all applicable statutes of the State of California in installing and maintaining the fence and lighting fixtures. 5. Relocation. Should City ever determine a need to make public improvements in the area covered by this agreement, or shall otherwise require modification or removal of the encroaching structures, Licensee agrees to cooperate with all reasonable requests of the City as necessary to accommodate the City's needs. 6. Liability Insurance. Licensee agrees to procure and maintain in force during the term of this agreement and any extension, at its expense, public liability insurance in the PZ/dys March 29, 1989 1 """"" " -' '-' amount of $100;000 to protect against liability resulting from, arising out of, or in any way connected with, the construction, instal~ation and maintenance of the structures installed hereunder by Licensee or any of its officers, contractors, agents or employees. The City shall be an additional named insured in such Policy. Licensee shall provide to City's Risk Management Division proof of such insurance, prior to execution by City. 7. Title of Property. Licensee acknowledges the title and paramount interest of City to the public right-of-way, and agrees never to contest said title or interest. Licensee shall not obtain any prescriptive rights hereunder. 8. Indemnification. 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, officers, agents and employees from liability resulting from, arising out of, or in any way connected with" the installation of any structures referenced to in this license, the occupation or use of the public areas of such structures, both during and after the installation thereof, including claims resulting from the conduct of Licensee, its employees, invitees, guests or agents of Licensee, or Licensee's failure to perform its promises in connection herewith. Licensee shall defend City, its elective and appointive boards, commissions, officers, agents and 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. 9. Waiver. Waiver by City of any breach of any provision of this agreement does not waive any subsequent breach of the same or any other provision. 10. Notice. All notices relating to this agreement shall be in writing and delivered in person or sent by oertified mail, postage prepaid, addressed as follows: AS TO CITY: AS TO LICENSEE: City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 ATTENTION: Real Property Division Pure Bred Auto Brokers, Inc. 333 South Waterman Avenue San Bernardino, Ca 92401 ATTENTION: Harry J. Iesberts , 11. Assignment. No assignment of this agreement by Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon City without the prior written consent of City in each instance. City shall not unreasonably withhold its consent. 12. Amendment. This agreement may be amended or modified only by written agreement, signed by both parties. PZ/dys March 29, 1989 2 ,. ."" ... '-' - 13. Term. The term of this agreement shall be for a period of l1fl(ten) years, commencing upon execution of this agreement. This agreement will renew itself thereafter from year to year, unless either party notifies the other, in writing, of termination as provided in Paragraph 19 of this agreement. 14. Consideration. Licensee shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as consideration for the issuance of this agreement. IS'. Maintenance. Licensee agrees to maintain the wrought iron fence and ornamental lighting fixtures, which are the subject of this sgreement in good repair at all times. 16. Free of Liens. Licensee shall payor cause to be paid all costs of construction and/or installation of the fence,and lighting fixtures referred to above and shall keep the property free and clear of any and all claims arising out of the performance of work or furnishing of materials for said installation. 17. Possessory Interest. Licensee recognizes and understands that this agreement may create a possessory interest subject to property taxation and that Licensee may be subject to the payment of property taxes levied on such interest., Licensee agrees to and shall hold harmless the City from any and all liability for any such taxes. 18. Nonexclusive. Licensee. Licensee shall such portion of the street to time designate. This permission is not exclusive to have the privilege only of occupying right-of-way as City shall from time 19. agreement (30) days Termination. Either party may terminate this at any time by giving the other party at least thirty written notice of termination. 20. Condition of Property Upon Surrender.' Upon termination of this agreement, Licensee agrees fori tself , its successors and its assigns to surrender the portion of said property occupied under the license herein granted, in as good condition as same was at the time of Licensee's original entry, and to remove the fence and lighting fixtures upon demand of, and without expense to, City. If Licensee shall fail to do so, City shall have the right to remove all structures at the expense of Licensee, who shall pay the amount of the expense to City on demand. City may elect to take possession of and appropriate to itself without payment any property of Licensee, or anyone claiming under Licensee, which Licensee fails to remove after notice. 21. Severability. In the event this agreement, or any portion thereof, should be determined to be void, illegal or improper, for any reason whatever, or Licensee's rights PZ/dys March 29, 1989 3 . ,."''''-. .'"'. '-' - thereunder are set aside through Court action or otherwise, all other portions of the agreement shall remain fully enforceable to the extent possible after such determinations. 22. Complete Agreement/License. This document represents the total and complete agreement regarding License for Encroachment, and no other written and/or oral agreements exist in this regard. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first above written. ATTEST: CITY OF SAN BERNARDINO City Clerk Evlyn Wilcox, Mayor BROKERS, INC. ~~ IESBERT Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: ~ri~ U PZ/dys February 27, 1989 4