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HomeMy WebLinkAbout29-Public Works .. File 10.05-MacKay St. CI1'Y OF SAN BERNARDINO - REQUEST FnR COUNCIL ACTION From: EC'O "OWil"':eGf.~uthorization to Execute an En- ROGER G. HARDGRAVE R .~R ~ . croachment License Agreement with I" /"" \10" lOR 101M '0: ~ntury Homes - Construction of Pub ~c Works Eng~neer~ngL~ ftf ~. Mronument Sign in median on MacKay Street, east of "E" Street Dept: Date: 3-27-89 Synopsis of Previous Council action: 02-20-89 --- Request to construct monument sign in street median granted and City Attorney directed to prepare standard form License Agreement. Recommended motion: Adopt resolution. cc: Jim Robbins Jim Richardson Jim Penman Supporting data attached: Gene Klatt Staff Report, Resolution, A.qr,:.pmpn+:, Tn~nrrln~p. Phone: 5125 3 Contact person: Ward: FUNDING REQUIREMENTS: Amount: N/A SOurce: (Acct. No.! (Acct. DescriDtionl Finance: Council Notas: 75.0262 Agenda Item No ~, CITY ~F SAN BERNSritDINO , - REQUEST FdR COUNCIL ACTION STAFF REPORT At the. meeting of 2-20-89, the request by Century Homes for an encroachment permit to authorize installation of a pre-cast concrete monument in the curbed median in MacKay Street, east of . "E" Street, was approved. Century Homes requested permission. to install a sign in order to identify the commercial complex on MacKay Street and "0" Street. This request was sign being responsible continuing maintenance. approved subject to the owner of the for landscaping the median, and The City Attorney's office has prepared the proposed Agreement (License for Encroachment) as directed at the Council meeting of 2-20-89. Century Homes has signed the Agreement and submitted proof of insurance. We recommend that the agreement be approved. 3-27-89 '7".n'!)lI:.4 , - ~. '-" "' , '-" 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN ENCROACHMENT LICENSE AGREEMENT WITH CENTURY HOMES 3 . RELATING TO CONSTRUCTION OF A MONUMENT SIGN IN MEDIAN ON MACKAY STREET, EAST OF "E" STREET. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 The Mayor of the City of San Bernardino is SECTION 1. 7 hereby authorized and directed to execute on behalf of said City 8 an Encroachment License Agreement with Century Homes relating to 9 construction of a monument sign in the median on MacKay Street, 10 east of "E" Street, a copy of which is attached hereto; marked 11 Exhibit "A" and incorporated herein by reference as fully as 12 though set forth at length. 13 I HEREBY CERTIFY that the foregoing resolution. was duly 14 adopted by the Mayor and Common Council of the City of San 15 Bernardino at a meeting thereof, held on the 16 day of , 1989, by the following vote, to wit: 17 AYES: Council Members 18 19 20 21 NAYS: ABSENT: 22 City Clerk 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 PZ/dys February 24, 1989 1 10 11 12 13 14 15 16 17 18 19 20 - RESOLUTION . . . AUTHORIZING THE EXECUTION LICENSE AGR~NT WITH CENTURY HOMES . EAST OF "E" ~ET. . OF AN ENCROACHMENT ON MACKAY STREET, 1 2 day The foregoing resolution is hereby approved this of , 1989. 3 4 5 Evlyn Wilcox, Mayor City of San Bernardino 6 7 Approved as to form and Legal Content: 8 9 JAMES F. PENMAN, City Attorney yO~bJ 21 22 23 24 25 26 27 28 PZ/dys February 24, 1989 2 -- ,j . EXHIBIT "A" AGREEMENT (License for Encroachment) This AGREEMENT is entered in to this , 1989, by and between BERNARDINO, a municipal corporation, referred CENTURY HOMES, referred to as "Licensee". day of . the CITY OF SAN to as "City", and City and Licensee agree as follows: 1. Reci tala. (a) Licensee has requested permission from City for the encroachment of a monument sign in the median on MacKay Street, east of "E" Street. (b) City is willing to grant permission to Licensee for said construction and 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 construct and install a monument sign thirteen (13) feet-six (6) inches in length and four (4) feet-three (3) inches in height with the legend Fairway Commerce Center as depicted on a drawing on file in the office of the Director of Public Works/City Engineer of the City of San Bernardino, in the median in MacKay Street, east of "E" Street. . 3. Construction/ Installation. Licensee agrees to construct and install the monument sign 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 constructing, installing and maintaining the sign. 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 structure, 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, liability insurance in the amount of $1,000,000, to protect against liability resulting from,arising PZ/dys March 30, 1989 1 f""",,", '-' ......,I' out of, or in any way connected with" the, construction, installation and maintenance of the structure installed hereunder by Licensee or any of its officers, contractors, agents or employees. City shall be set out as additional named insured in such policy. Licensee shall provide to City's Risk, Management Division proof of such insurance, before execution of this agreement 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 construction or installation of any structure referenced to in this license, the 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, 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 be in writing and delivered in person or postage prepaid, addressed as follows: to, this agreement shall sent by certified mail, AS TO CITY: AS TO LICENSEE: Century Homes 6867 Airport Dr., Bldg. 100 Riverside, CA 92504 ATTENTION: Michael L. Seat, Project Manager 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. City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 ATTENTION: Real Property Division '12. Amendment. This agreement may be amended or modified PZ/dys March 30, 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. 15. Maintenance. Licensee agrees to maintain the monument sign, which is the subject of this agreement, in good repair at all times. In addition, the Licensee has the responsibility of maintaining the landscaping in the median. 16. Free of Liens. Licensee shall payor cause to be paid all costs of construction and/or installation of the sign 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 mater~als for said construction/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. 19. Termination. Either party may terminate this agreement at any time by giving the other party at least thirty (30) days written notice of termination. This permiSSion is not exclusive to have the privilege only of occupying right-of-way as City shall from time 20. Condition of Property Upon Surrender. Upon termination of this agreement, Licensee agrees for itself, 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 sign upon demand of, and without expense to, City. If Licensee shall fail to do so, City shall have the right to remove the sign 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 thereunder are set aside through Court action or otherwise, all PZ/dys March 6, 1989 3 -., -- '-" 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 CENTURY HOMES By:~7-L-~ chael L. Seat, . Project Manager Approved as to form and legal content: JAMES F. PENMAN, Ci ty Attorney' ~~) PZ/dys March 6, 1989 4 ~ THis '5 NOT AN INSURANCE POLICY.;'" "5 ONLY A VERIFICATION OF INsURANCE. IT DOEs COVERAGE PROVIDED BY THE POllC,h<1STED BELOW. . ..,~.... ........~....._- -.---.... .. - INTERIM CERTIFICATE AS TO EVIDENCE OF INSURANCE "IN ANY WAY AMEND. EXTEND OR ALTER THE Namttd Insured Address JOHN PAVELAK CONSTRUCTION COMPANY DBA: CENTURY HOMES OF SOUTHERN CALIFORNIA 6867 AIRPORT DRIVE, BLDG. 100 RIVERSIDE, CALIFORNIA 92504 14Rl ~Q '17 Policy' . Gen. Llab. Agent Policy" Auto Llab. Policy" CARGO This is '0 certify ,hot policies for Ihe above named insured ore in force os follows: Policy" Work Compo This Interim Certificate As To Evi~ence of Insurance shall expire sixty days from 11- 01 .\M., MARCH 13 , 1989 ,unless cancelled prior to such dote by written notice to the nomed insured. !;].. Please Issue a Permanent Certificate COVERAGE COMBINED LIMITS Of LIABILITY COYEIID CO~W.D AUTO LIABILITY 0 ~ Owned Bodily Injury $ ,000 each person . 0 Hired $ ,000 each occurrence 0 Non-Owned Property Damage $ ,000 each occurrence g Employer's Non-Ownership Contingent Liability Single limit Liability for Coverages checked IXI above $ ,000 each occurrence GINDAL L1AIILITY Bodily Injury $ M&C - OLT ,000 each person . . { Owners & Contractors $ ,000 each occurrence bJ 0 Contractual. $ 000 annual aggregate Elevators $ . products ... Property Damage ,000 each occurrence g 0 Products and I or $ 000 annual aggreQCIt. Completed Operations ' .productl... Single limit liability for Coverages checked !XI above $ 1. 000 ,000 each occurrence $ 1,000 000 onnual oggregate , products... 0 0 CAIlGQ $ ,000 each vehicle $ ,000 each occurrence 0 0 WOIKIIS' Statutory COMPINSATlON . Includes Goods or Products Warrant , Written Lease ot Premises, Eosement reement, Munici ,I Ordinanc, y ~ ~ Agreement, Sidetrack Agreement, Elevator or Escalator Maintenance Agreement only, unless accom~nied b specific endorsement providing additional Contractual Coverage. O DescrIbed 0 OtIt.etiplion below wo.ved YEAR, MAKE, TYPE Of BODY, LOAD CAPACITY . '. ' IDENTifiCATION NU_. OWNED AUTO- MOBilES, IF COVERED LAST S DIGIT! SHOW~ Umbrella liability $ $ $ ,000 retained limit each occurrence aggregate POlICY NUMBER If this Interim Certificate As To Evidence Of Insurance is to be cancelled prior to the expiration' date, we shall prov.ide 30 days advance notice in writing to whom this certificate is issued. RE: MONUMENT SIGN MEDIAN MACKAY ST. EAST OF "E" STREET, SAN BDNO.. CA. Certificate issued to: . SAN BERNARDINO CITY HALL 300 NORTH "E" STREET, 924401 P.O. BOX 710, 92402 SAN BERNARDINO, CALIFORNIA ATTN: CITY ATTORNEY MS. .. Not Applicable in Texa~. ZIMMERMANN ... In Texas the oggregal. also ~pplies 10 owners and contractors protective, contractual and/or compl.ted operations. - And ~dcI,... Countersigned ,( t1<#~1 . Au'" ".d..... nil.. 5&OI,4:M111201 WtalQCJl200JllIINTlOtNU.l.A. (!)_