HomeMy WebLinkAbout20-City Attorney
CIQ OF SANBERNARDIQo - REQUEQT FOR COUNCIL 41:66(1
From: Ralph H. Prince
Subject:
Encroachment Permit for
King's Table Restaurant
Dept: City Attorney
Date: February 6, 1987
Synopsis of Previous Council action:
2/2/87
An encroachment agreement for an entrance canopy and
decorative awning for Kings Table Restaurant to be
located in the Central City Mall was approved in
principle and the City Attorney was direeted to
prepare the necessary documentation.
Recommended motion:
Adopt resolution.
~~~J j+/~
Signature
Contact person: William Sabourin
Phone:
5055
Supporting data attached: Yes
Ward:
First
FUNDING REQUIREMENTS:
Amount:
None
Sou rce:
N/A
Finance:
Council Notes:
75-0262
Agenda Item No. ~ () .
o
o
o
:)
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF
3 SAN BERNARDINO AND CENTRAL CITY COMPANY TO PERMIT THE
ENCROACHMENT OF AN ENTRANCE CANOPY AND DECORATIVE AWNING FOR
4 KING'S TABLE RESTAURANT IN THE CENTRAL CITY MALL.
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. The Mayor of the City of San Bernardino is
9 hereby authorized and directed to execute on behalf of said
10 city an agreement between the City of San Bernardino and
II Central city Company to permit the encroachment of an entrance
12 canopy and decorative awning for King's Table Restaurant in
13 the Central City Mall. A copy of said agreement is attached
14 hereto as Exhibit "A" and incorporated herein by reference as
15 fully as though set forth at length.
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
18 Bernardino at a meeting thereof, held on
19 the day of , 1987, by the following
20 vote, to wit:
21 AYES: Council Members
22
23 NAYS:
24 ABSENT:
25
26 City Clerk
27
28
2/6/87 1
~ i ~ bL - - -
C 0 0 0
The foregoing resolution is hereby approved this da;,
1
of , 1987.
2
3
Mayor of the city of San Bernardino
4
Approved as to form:
5 .'"") rJ
-~ ~' , , ,
6 I/~l','...-t'-'
',...'f. .' /t~
City xttorney
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2/6/87 2
-
.'
o
o
o
o
-
1 A G R E E MEN T
2 (License For Encroachment)
3 THIS AGREEMENT is entered into this day of
4 , 1987, by and between the CITY OF SAN
5 BERNARDINO, a municipal corporation, referred to as "City",
6 and CENTRAL CITY COMPANY, a joint venture between CTC Company,
7 a California partnership, and Central City Associates, a
8 California Joint Venture, referred to as "Licensee".
9 City and Licensee agree as follows:
10 1. Recitals.
11 (a) Licensee has requested permission from City to
12 construct an improved facade on the south side of the Central
13 City Mall, west of the main entrance, for the Xing'S Table
14 Restaurant, a tenant of Licensee.
15 (b) City is willing to grant permission to Licensee
16 for said construction to the extent to which such permission
17 may be given by City, upon the conditions set forth in this
18 agreement.
19 2. License Granted. City grants to Licensee permission
20 to construct an improved facade for the proposed Xing'S Table
21 Restaurant to be located in the Central City Mall: said facade
22 shall consist of frames around the windows and decorative
23 columns and planters. The frames shall extend one foot into
24 the public sidewalk area, and the columns and planters shall
25 extend two feet. permission is also granted to Licensee to
26 install a canopy which shall extend no more than six feet over
27 the sidewalk, and be approximately 9.5 feet above the
28 sidewalk. This permission is subject to any conditions
2/4/87 1
1:"
10....',
o
o
o
,
o
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~
23
24
25
26
27
28
imposed by the City Engineer or the Director of the Building
and safety Department of City.
3. Construction. Licensee agrees to construct the
improved facade and install the canopy in accordance with
drawings on file in the office of the Director of Public
works/city Engineer. No alterations or changes in the
drawings shall be made without first receiving City'S
approval.
4. Rules and Reaulations. Licensee shall observe all
rules, regulations, ordinances and enactments of City and all
applicable statutes of the state of California in installing
or maintaining the facade and canopy.
5. Relocation. Should City ever determine a need to
make public improvements in the area covered by this
agreement, Licensee agrees to cooperate with the city in all
reasonable requests for revision of the encroaching facade and
canopy as necessary to accommodate the City'S reasonable needs
for such improvements.
6. Liabilitv 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
companies and through brokers approved by city, adequate to
protect against liability resulting from, arising out of, or
in any way connected with, the construction of the facade and
installation of the canopy, in a minimum amount of at least
$1,000,000 combined single limit. Licensee shall provide to
City'S Risk Management Division a certificate of insurance and
2/6/87
2
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~
23
24
~
26
27
4
-
- -
-
~
o
o
o
,
an additional insured endorsement which provides:
(al The City of San Bernardino is an additional
insured.
(bl The insurance company name, policy number,
period of coverage and the amount of insurance.
(cl That the City Clerk of the City of San
Bernardino must be given notice in writing at least 30 days
prior to cancellation, material change or refusal to renew the
policy.
28
(d) That Licensee's insurance will be primary to
any coverage the City of San Bernardino may have in effect.
7. Title of PrODertv. Licensee acknowledges the title
and paramount interest of city to the public sidewalk
surrounding the Central City Mall, and agrees never to assail
or resist City's title or interest therein.
8. Indemnification. Licensee shall exercise its
privileges under this license at its own risk. Irrespective
of any negligence of City, 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 of the facade and installation of the canopy,
the occupation or use of the public areas by Licensee's facade
and canopy, both during and after the construction and
installation thereof, including claims resulting from the
conduct of Licensee, its employees, invitees, quests or agents
of Licensee, or Licensee's failure to perform its promises in
connection herewith. Licensee shall defend City, its elective
2/4/87 3
o
-
~
-
~ 4
-
u
o
o
o
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
and appointive boards, commissions, officers, agents and
employe.. 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. . City shall
not be liable to Licensee if Licensee's occupation or use of
the property is hindered or disturbed.
9. Waiver. Waiver by City of any breach of any
provision of this license 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
certified mail, postage prepaid, addressed as follows:
City of San Bernardino
Attn: Real Property Division
300 North "D" Street
San Bernardino, CA 92418
Central City Company
295 Central city Mall
San Bernardino, CA 92401
16 11. Assianment. No assignment of this license by
17 Licensee, its successors, legal representatives or assigns, or
18 any subsequent assignee, shall be binding upon City without
19 the written consent of City in each instance. City shall not
20 unreasonably withhold its consent.
21
12. Amendment. This license may be amended or modified
22 only by written agreement signed by both parties.
23 13.~. The term of this license shall be for a
24 period of 50 years commencing on March 1, 1987. This license
25 will renew itself thereafter from year to year unless either
26 party notifies the other in writing of termination at least 15
27 days before the expiration of any such year.
28 14. Consideration. Licensee shall pay to city the sum
2/4/87
4
o
-
o
o
o
1
2
3
4
5
6
of FIVE HUNDRED DOLLARS as consideration for the issuance of
this license.
15. Maintenance. Licensee agrees to maintain the facade
and canopy which are the subject of this license in good
repair at all times.
16. Free of Liens. Licensee shall payor cause to be
paid all costs of construction of the facade and installation
of the canopy 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 construction and
installation.
17. PossessorY Interest. Licensee recognizes and
understands that this license 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. Conflict with Central citv Mall. City does not
warrant or make any representation concerning its full control
over the Central City Mall and surrounding public areas. City
is lessee of such property by lease from the Redevelopment
Agency of the city of San Bernardino: in addition, City is a
signatory with numerous other parties to a reciprocal easement
agreement, covering the Central City Mall. The existence of
each of these documents is called to the attention of
Licensee. Each is a public record, duly recorded. In the
event any other party to either the lease or the agreement
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
~
24
~
26
27
28
2/4/87
5
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.lL
[[
JIl
4
III
~ ~
o
o
o
claims or has any rights to or control over or interest in the
portion of the public areas covered by this license, Licensee
shall hold City, its officers, agents and employees, and the
Redevelopment Agency of the city of San Bernardino and the
community Development Commission, harmless from any claims,
demands, suits or judgments arising from Licensee's occupancy
of the portion of the public areas covered under this license,
or for interruption thereof. In the event this license, or
any portion thereof, should be determined to b~ void, illegal
or improper, for any reason whatever, or Licensee's rights
thereunder are set aside through court action or otherwise,
Licensee shall have no recourse against City, its officers,
agents and employees.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first above written.
CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
City Clerk
CENTRAL CITY COMPANY,
a Joint Venture
By: CTC Company, a
California Partnership
By
A General Partner
2/4/87
6