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CI1() OF SAN. BERNARDIQ) - REQUE()r FOR' COUNCIL
From: Ralph H. Prince
Subject: Installation of 3 signs in Street
Right-of-way for San Bernardino
Auto Plaza
N
Dept: City Attorney
Data: February 24, 1987
Synopsil of Previous CouncillCtion:
2/l6/B7
City Attorney directed to prepare an agreement to
authorize encroachments of 3 signs in street rights-of-way
for San Bernardino Auto Plaza.
Recommended motion:
Adopt resolution.
~ 6
~JI"l4~/
Slgnaturl
Conteet penon:
Supporting dIg Ittached:
william Sabourin
5055
Yes
Phonal
Wlrd: 3
FUNDING REQUIREMENTS:
Amount:
NOne
SourcI: (ACCT, NO.)
(ACCT, DESCRIPTION)
Flnlnce:
Council Natll:
n.OII.
Agendlltem N~
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
BXBCUTIOM or AR AGREEMENT WITH ORANGE SHOW PLAZA ASSOCIATES
~LATIMG TO ~..' INSTALLATION OF A FREEWAY SIGN AND MONUMENT SIGNS
IN STRlBT RIGHTS-OF-WAY FOR THE SAN BERNARDINO AUTO PLAZA CENTER.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City an
agreement with orange Show Plaza Associates relating to the
installation of a freeway sign and monument signs in street
rights-of-way for the San Bernardino Auto Plaza Center, a copy of
which is attached hereto, marked Exhibit -A- and incorporated
herein by reference as fully as though set forth at length.
t HEREBY CERTIFY that the foregoing resolution va. duly
adopted by the Mayor and Common Council of the City of San
the
day of
meeting thereof, held on
, 1987, by the following vote,
Bernardino at a
to wlt:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk,
The foregoing resolution is hereby approved this
_ day
of
, 1987.
Mayor of the City of San Bernardino
Approved as to form:
/~~~
City A torney
2/24/87
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~G~~~.'1~~!
THIS AGREEMENT is made and entered into this ______ day of
, 1987, between the CITY OF SAN RERNARDINO, a
municipal corporation, hereinafter referred to as "City", and
ORANGE SHOW PLAZA ASSOCIATES, a California Limited Partnership,
hereinafter referred to as "Licensee".
City and Licensee agree as follows:
1. Recitals.
(a) Licensee has requested permission from City to
install a freeway sign and monument signs in str~et rights-of-way
for the San Bernardino Auto Plaza Center.
(b) City is willing to grant permission to Licensee for
the instal1ation of said freeway sign and monument signs subject
to approval by the Planning Commission of a conditional use
permit.
2, License Granted, City hereby gives permission, revocable
and terminable as hereinafter provided, to Licensee to install, in
conformance with existing laws, a freeway sign in the curbed
island within Auto Center Drive, west of El Camino Real, and
monument signs in the curbed islands within Showcase Drive South
and Showcase Drive North, east of Auto Plaza Drive, more
specifically as set forth in accordance with the plans attached
hereto, marked Exhibit "A", and incorporated herein by reference.
Licensee shal1 at all times maintain said sign in good order and
repair at such 10cations and subject to any requirements or
conditions as may be imposed by the Director of Public Services
and the Director of Building and Safety of City. The license
granted under this agreement shall not be effective and of no fore
2/24/B7
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or effect until the planning Commission has approved a
con4itio...~~. permit (CUP) for the subject signs.
'. ,. ."'_ .' '.. .~,"~'.:1":
." 3. '''1Dcation. In the event that City declares its
:.... .
intention at any time to widen or otherwise alter or change or
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modify the streets, or any portion thereof, in any manner which
affects the location of the signs, or in the event City terminates
this license or any variance that it may grant to Licensee,
Licensee shall remove and relocate said signs to a position to be
designated by the Director of Public Services, and in the manner
required by the Director of Public Services and/or th~.~~~to~ of
Building and safety of the City, within thirty (30) tJ:t!!!.:~:..
such written notice thereof is given by the City. ',1\) -"lI";!;i:~
- A:. ....
...."" .
4. Relocation Expense. Any removal and relocH." ofili.
. :;> ". ~"".-.~:...:'.,
signs pursuant to the foregoing paragraph shall be a'-~. ~ ~
cost and expense of Licensee and without any cost and expense
whatsoever to the City, and Licensee shall have no claim or cause
of action against the City by reason of such removal and
relocation.
5. Consideration. Licensee shall pay to City the sum of
FIVE HUNDRED DOLLARS ($500) as consideration for the issuance of
this license.
6. Title of Property. Licensee hereby ac~nowledges the
title and paramount interest of City to th. street (or to said
.
property) and agrees never to assail or resist said title or
interest and to observe present or future setback requirements
relative thereto.
7. Not Exclusive. This permission is not exclusive to
Licensee and Licensee shall ha,ve the privilege ,hereunder only of
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occupying such portion of said property as City shall from ti.e to
t~ .i~.~..
'. .....;. --; -. ,
.. ,..r !!!f-II'ification. Licensee shall exercise Licenseers
priv1ieges h.reunder at Licensee's own sole risk, and,
irrespective of any negligence of City, Licensee shall indemnify
city against and hold it harmless from any and all liability for
damages, costs, losses and expenses resulting from, arising out
of, or in any way connected with, the occupation or use of said
property by Licensee, or the Licensees, invitees, or guests of
Licensee, or the failure on the part of Licensee to p.;f~ fully
, ':.~;"~':."" ~~,_.'.:
all and singular Licensee's promises herein. City sh.11:~~':
to ~.... 'C.'... :.-
. ':' ... ..
liable to Licensee if for any reason whatever Licen",~.' .--:;.;.,.
....... I.
occupation 'or use of the said property hereunder shal'i~ hlnd~red
or disturbed.
9. Assignment. Licensee's privileges hereunder shall not be
assignable by Licensee in whole or in part without the prior
written consent of City, it being understood that such consent
shall not be unreasonably withheld by City.
10. Termination. City reserves the right to terminate the
permission hereby given at any time by giving Licensee at least
thirty (30) days written notice of such termination, except that
City.ay, at its election, terminate said permission forthwith at
a~y ti.e if Licensee shall fail to comply with or abide by each
and all of the provisions hereof or keep all and singular
Licensee's promises herein, or in the event that City, in its sole
discretion, determines that said signs as installed constitute a
hazard to traffic or life or property or is in violation of the
terms and conditions of any conditional use permit issued for the
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signs by the City. waiver by City of any breach of any teL"ll or
p.OV~.10R ~.~.of shall not be deemed a waiver of any subs.quent
", ,~. .~.~~~ ." -..' ",' "
~c~of "":~me or any other teL"ll or provision hereof.
11. Motlee. Any notice to Licensee hereunder shall be in
writing and delivered in person or sent by certified mail, postage
prepaid, addressed as followsl
City of San Bernardino
Attnl Real ~roperty Division
300 North -0- Street
San Bernardino, CA 92418
orange Show ~laza Associates
c/o Daniel S~ Bvans , Assoc.
840 Newport Center Drive,
I 655
Newport Beach, CA 92660
12. Surrender of Property. On revocation, surr~p1.r or
..... .
other termination of the permission hereby given, Lice~c.ft.ll
.. ": . ;-
. . ....." ........
quietly and peaceably surrender the portion of said prolI8rt~-..~ '..
. ... -~. .
occupied by Licensee in as good condition as same was at t~ ti.e
of Licensee's entry thereon hereunder and remove its 81gns anet'"
other things placed by Licensee on said premises hereunder, and if
Licensee shall fail to do so, City shall have the right to make
such removal at Licensee's expense, the amount of which expense
Licensee shall pay to City on demand, and, if City shall so elect,
it shall have the right to take possession of and appropriate to
itself without payment therefor, any property of Licensee, or
anyone claiming under it, then remaining on said premises.
13. !!!!~ This license shall terminate forty-nine (49)
years from the 'date of the execution hereof unless sooner
terminated by City.
14. Free of Liens. Licensee shall payor cause to be paid
all costs of construction and installation of the signs and shall
keep the property free and clear of any and all claims arising out
f the performance of work or furnishing of materials for said
/24/87
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construction and installation.
15. Aaendaent. This license may be amended or .edified only
by written agreement signed by both parties.
16. Possessory Interest. Licensee recogni~es 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 under
California Revenue and Taxation Code Section 107. Licensee agrees
to and shall hold harmless the City from any and all liability for
any such taxes.
IN WITNESS WHEREOF, the parties hereto have executed thi_
agreement on the date first hereinabove written.
CITY OF SAN ElERNARDINO
ATTEST:
ElY
Mayor
City Clerk
ORANGE SHOW PLAZA ASSOCIATES
A California Limited Partnership
Ely: DANIEL S. EVANS,' ASSOCIATES,
INC., a California Corporation
and a General Partner
Ely
Daniel S. Evans, President
And ElY: McMAHON-OLIPHANT PROPERTIES,
INC., a California Corporation
and a General Partner
Ely
Ronald McMahon, President
Approved a8 to form:
t!? r ~,.:;
City At orney
2/24/87
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