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HomeMy WebLinkAbout19- Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael E. Hays, Director Subject: Resolution Authorizing Execution of License Agreement with California State University San Bernardino for Installation of a Campus Event Dept: Development Services Posting Monument Sign in the median of University Parkway !1� File Nos. 10.05 "U" ORIGINAL Date: February 3, 1999 MCC Date: February 15, 1999 Synopsis of Previous Council action: 02-01-1999 Approved in concept the request to install a Campus Event Posting Monument Sign in the median of University Parkway and direct the City Attorney to prepare a License Agreement Recommended motion: Adopt Resolution. Michael E. Hay Contact person: Michael Grubbs Phone: 384-5179 Supporting data attached: Staff Report ward(s): 5 FUNDING REQUIREMENTS: None Amount: N/A Source: (Acct. Description) Finance: Council Notes: Agenda Item No.�� CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Resolution Authorizing Execution of License Agreement with California State University San Bernardino for Installation of a Campus Event Posting Monument Sign in the median of University Parkway BACKGROUND: California State University San Bernardino has requested permission to install a campus event posting monument sign in the median of University Parkway just south of Northpark Boulevard. The Mayor and Common Council considered the request at its regular meeting of February 1, 1999, approved the project in concept, and directed the City Attorney to prepare a license agreement. The license agreement has been prepared and is attached hereto together with a resolution authorizing the Mayor to execute the agreement on behalf of the City. The agreement sets forth certain conditions, which were approved in the previous council action, that must be met prior to installation of the campus event sign. FINANCIAL IMPACT: The applicant has paid the standard $500.00 fee to cover the cost of process this type of request. The applicant is responsible all cost in constructing and maintaining the sign; therefore, there will be no financial impact to the City. RECOMMENDATION: Adopt Resolution Attachments: Resolution Agreement ,i i m w � w U) LU i F ( a Q a w Q >° z fz u w z z QLU ? ? u0 X X g w w z w w \ y u y � W 0 ♦�� Z b � ! r i IL � ijJ u L C, a y� 3� d y� '`pd 7, Exhibit METAL PANEL GOPI46 T.O. MTL PNL EL IO,_b" AF6 cz r U METAL CHANNEL �t ATTACH TO CMU, RIGHT U SIDE OPEN _ J y Zm LL a 9 MTL PANEL EDGE W O V y1RAP AROUND CORNER � LL c) w d X LL1 J p STACK BOND �m v ,p a RAKED ,JOINT • THE-55® F-0 '-O COURSES E 3/4" CHAMFER EDGE 3/4" � E at110 _ FIN D It LONG FOUNDATION, TYP FRONT ELEVp,TION - TYPE I PERIMETER ENT P05TIN SKEET A-2 Exhibit "C-1" MTL PANEL T.O. MTL PANEL EL ID'-II" MOD AF6 BRIGK COUP-51N5 O N ;4 BRICK COUR51N5 LIN I N 4 N BRICK COUR51N5 N N O i iV A BRICK COURSINS N N O i N 4" H CMU COU4R6IN5 `a m PIN GRADE < _ EL O'-O' _-_- - FOUNDATION 6 $TRUGT INFO SEE SECTION - TYPE _� a PERIMETER ROPED EVENT P05TING SCALE r = r o° SHEET Pi-4 Exhibit "C-2" J W p Z � OU OWN V� Q AWL F J 13 - - aiD Z 0 W 7cor�- J CL >ch YI V �C S M Exhibit "D" Campus Event Monument Sign for CSUSB MCC Meeting of February 1, 1999 CONDITIO LI CALIFORNIA APPROVAL STATEFOR UNN SIGN FOR UNIVERSITY SAN BERNARD NO 1. Applicant shall be responsible for maintenance of Campus Event Monument Sign and shall repair or replace sign, if damaged or defaced, within one week of notice from the City. 2. Changeable message sign copy shall be subject to the review and approval of the Director of Development Services. 3. Applicant shall be responsible for all costs of installing and maintaining the sign. A public works construction permit shall be obtained from the public works division prior to start of work installing the sign. 4. Exact placement of the sign shall be subject to the approval of the City Traffic Engineer based on field conditions. 5. Concrete walkways shall be constructed from the curb to the sign for maintenance pathways, so a to avoid excessive wear on the existing landscaping. 6. Applicant shall repair or replace any landscaping or irrigation damaged during construction, maintenance or operation of the sign. 7. During maintenance or changing of sign copy, applicant shall comply with all requirements of the "Work Area Traffic Control' (WATCH) manual and directives of the City Traffic Engineer. 8. If th sign is found to interfere with present or future use of the public right-of-way, then e it shall be p promptly emo ed orr relocatedby the appl cant upon notice by the City. 9. Applicant shall indemnify and hold harmless the City from liability resulting from the sign. 10.Applicant shall provide proof of public liability insurance in an amount specified by the City Attorney. Such insurance shall be maintained for the entire period of the agreement. 11.The applicant may terminate the license agreement at any time upon delivery of written notice to the City. 12 Upon the public termination of the right-of-way the affected area restored shall promptly to is orig e original condition. Exhibit "E" OOH I RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH CALIFORNIA STATE 3 UNIVERSITY SAN BERNARDINO FOR INSTALLATION OF A CAMPUS EVENT POSTING MONUMENT SIGN IN THE MEDIAN OF UNIVERSITY PARKWAY. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed 7 to execute on behalf of said City a License Agreement with California State University San 8 Bernardino for installation of a Campus Event Posting Monument Sign in the median of University 9 Parkway, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by 10 reference as fully as though set forth at length. I I SECTION 2. The License Agreement shall not take effect until fully signed and executed 12 by all parties. The City shall not be obligated hereunder unless and until the License Agreement is 13 fully executed and no oral agreement relating thereto shall be implied or authorized. 14 SECTION 3. The authorization to execute the above-referenced Agreement is rescinded if 15 the parties to the Agreement fail to execute it within sixty(60) days of the passage of this Resolution. 16 17 18 19 20 21 22 23 24 25 26 27 28 HE js[CALSTATE.RES] I F6m" 'R,1999 I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH CALIFORNIA STATE UNIVERSITY SAN 2 BERNARDINO FOR INSTALLATION OF A CAMPUS EVENT POSTING MONUMENT SIGN IN THE MEDIAN OF UNIVERSITY PARKWAY. 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the 5 _day of , 1999, by the following vote, to-wit: 6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 7 ESTRADA 8 LIEN 9 McGINNIS 10 SCHNETZ 11 DEVLIN 12 ANDERSON 13 MILLER 14 15 16 City Clerk 17 The foregoing Resolution is hereby approved this_day of , 1999. 18 19 20 Judith Valles, Mayor City of San Bernardino 21 Approved as to form 22 and legal content: 23 JAMES F. PENMAN, City Attorney 24 1 25 By: " 26 27 28 HCjs[CALSTATE.RES] 2 Ftbrusn 8,1999 1 LICENSE AND AGREEMENT 2 THIS LICENSE AND AGREEMENT is made and entered into this_day of_, 1999 3 by and between California State University San Bernardino, a California State University, hereinafter 4 referred to as "Licensee" and the CITY OF SAN BERNARDINO, a municipal corporation, hereafter 5 referred to as "City". 6 WITNESSETH 7 For and in consideration of the mutual promises and covenants herein contained, the parties 8 hereto do hereby agree as follows: 9 1. City hereby gives permission, revocable and terminable as hereinafter provided, to 10 Licensee to erect and install in conformance with existing laws on a certain portion of City property 11 located in the median of University Parkway just south of Northpark Boulevard, San Bernardino, 12 California, a Campus Event Posting Monument Sign at such location and subject to any requirements 13 or conditions as may be imposed by the Mayor and Common Council, the Director of Development 14 Services and the City Engineer, including the maps, diagrams, and list of conditions attached as 15 Exhibits B through E, and incorporated herein by reference. 16 2. This permission is given to Licensee as an accommodation to Licensee and shall be 17 rent free, however, the Licensee shall pay a five hundred dollar($500) administrative fee to the City 18 and obtain a Public Works permit prior to the installation of any sign. 19 3. Licensee hereby acknowledges the title and paramount interest of the City property 20 and agrees never to assail or resist said title or interest and to observe present or future set-back 21 requirements relating thereto. 22 4. City reserves the right to terminate the permission hereby given at any time by giving 23 Licensee at least thirty (30) days written notice of such termination except that City may at its 24 election terminate said permission forthwith at any time if Licensee shall fail to comply with or abide 25 by each and all of the provisions hereof or keep each and all of the Licensee's promises herein. 26 Waiver by City of any breach of any term or provision hereof shall not be deemed a waiver of any 27 subsequent breach of the same or any other term or provision hereof. 28 HE dn1CALSTATE.LICj 1 EXHIBIT "A" 1 5. Licensee agrees to construct the subject sign only with specific written authorization 2 of the Director of Development Services and the City Engineer. The subject sign shall be maintained 3 at all times in a safe, neat, sightly and good physical condition. City shall be the sole judge of the 4 quality of maintenance, and upon written notice by City, through its Director of Development 5 Services or City Engineer, stating in general terms how and in what manner the maintenance is 6 required, Licensee shall be required to perform such required maintenance. If Licensee fails to do so, 7 then City shall have the right to perform this maintenance, the cost of which shall be borne by 8 Licensee. Licensee further agrees to erect and maintain the subject sign in conformity with all 9 building codes, ordinances, regulations and guidelines of the City of San Bernardino. Licensee shall 10 at its own responsibility and expense obtain and keep in effect all licenses, bonds and permits I 1 necessary for the installation and existence of the subject sign. 12 6. Upon termination of this Agreement, Licensee agrees to immediately remove the 13 subject sign from City property and restore the property to its original condition. If Licensee fails to 14 exercise its duties under this paragraph, City shall have the right to remove the subject sign and 15 restore the premises at no cost or liability to the City. Licensee covenants and agrees to reimburse 16 City for such removal and /or restoration. 17 7. City shall in no way be responsible for loss of or damage to the subject sign or for any 18 property belonging to or rented by Licensee, its officers, servants, agents or employees that may be 19 stolen, destroyed or in any way damaged during the erection or maintenance of the sign and Licensee 20 shall defend, indemnify and hold hamrless City, its officers, agents, servants and employees from and 21 against any and all such claims. 22 8. Licensee shall exercise its privileges under this License at its own risk. Licensee shall 23 indemnify, defend and hold harmless City, its officers, agents and employees from all claims or causes 24 of action, whether for property damage, death or personal injury, resulting from, arising out of, or 25 in any way connected with, the construction, installation, maintenance, or removal of any structure 26 referenced in this Agreement, the occupation or use of the public areas of such structure, both during 27 and after the installation thereof, including claims or causes of action resulting from the conduct of 28 HI HE'dn'ICALSTATE.LICj 2 EXHIBIT "A" I Licensee, its employees, invitees, guests, or agents, or from Licensee's acts or omissions to act under 2 this Agreement. 3 9. Licensee agrees to furnish City with a certificate of insurance as proof that it has 4 secured and paid for a policy of public liability insurance covering all public risks related to the 5 installation and removal, use, maintenance, existence or location of the subject signs. The amounts 6 of that insurance shall be as follows: 7 Property damage, per occurrence $1.000.000 CSL 8 Personal injury or death, per occurrence $1.000.000 CSL 9 with the understanding of and agreement by Licensee that such insurance amounts shall be revised 10 upward at City's option and Licensee will so revise such amounts within thirty(30) days following 11 notice to Licensee of those requirements. 12 10. This License is personal to Licensee. It is nonassignable, and any attempt to assign 13 this License will terminate the License privileges granted to Licensee under this Agreement. 14 11. Licensee agrees that should any action, whether real or asserted, at law or in 15 equity, arise out of the terms of this Agreement, or by Licensee's operations on the premises, venue 16 for that action shall lie in San Bernardino County, California. 17 12. In any action brought by any party for the enforcement of this Agreement, the 18 prevailing party shall be entitled to recover reasonable attorney's fees, court costs, and necessary 19 disbursements. The costs, salary, and expenses of the City Attorney, and members of his office, in 20 connection with that action, shall be considered as attorney's fees for the purposes of this Agreement. 21 22 23 24 25 26 27 28 HE dn,tCALSTATE.LICj 3 EXHIBIT "A" I AGREEMENT: Campus Event Posting Monument Sign in Median of University Parkway 2 IN WITNESS,the parties have executed this agreement on the day of of 3 1999. 4 5 Judith Valles, Mayor CITY OF SAN BERNARDINO 6 7 ATTEST: 8 9 City Clerk 10 CALIFORNIA STATE UNIVERSITY SAN BERNARDINO, A CALIFORNIA 1 I STATE UNIVERSITY Licensee 12 13 By 14 David DeMauro Vice President of Administration and Finance 15 Attest: 16 17 18 Approved as to form 19 and legal content: 20 JAMES F. PENMAN City Attorney 21 22 BY 23 24 25 26 27 28 HE M,[CALSTATE.LICI 4 EXHIBIT "A" 7 i s W w W ---Ji• ® W � /r i \` All I Lu > < =.. �� . nrW LIJ U) Exhibit "B-1" aa-30VIIin—ONda83s I � � I ~ / m / H ♦ W / W ♦ to i ♦ F f � Q W F W Q > ° Q W 0 0 N W i kD 0 1 \ 01 �4 \ , X X u 4 X X J Y� W W ZF W W Z W c 40004000 z W LL F- N y� a o- yr � Qom• Exhibit �F- i METAL PANEL COPING T.O. MTL PNL Ey IOC_$" AF6 t\ METAL CHANNEL TRIM" ATTACH TO CMU, RI SIDE OPEN Z n J m L LL K 9 MTL PANEL EDGE w O V WRAP AROUND CORNER = LL N d m p J a d w y o 5TACK BOND QE �m v O RAKED ,JOINT ® THESE a EO -O' COURSE5 E 5/4" m CHAMFER EDGE 314" � H 7 LL E 00 _ V FIN EL O'-0" C.ONC FOUNDATION, TYP FRONT ELF-VATION - TYPE I PrRIMETZR =\/I=NT 1°05TIN SHEET _2 Exhibit "C-1" MTL PANEL T.O. MTL PANEL F1 10'-II" MOD AF6 BRIGK GOURSIN6 O it BRICK GOUR51N6 N h 4 N BRIGK GOURSIN6 N n O h m BRIGK GOMIN6 N H O i (V 4" H GMU G R'IN6 C 3/4• /4" FIN GRADE - EL 0'-0• - - - FOUNDATION t 5TRUGT INFO 11- �^^ VIII�fi�T '-III-11 r a PERIMETER ROAD EVENT POSTING Exhibit "C-2" JWW O� u~i V�Q Ala M Z C� n/ W LL c J � V > Q � Q 0 �] Cl) w o It W > a CL cn m � C .o n Exhibit "D" Campus Event Monument Sign for CSUSB MCC Meeting of February 1, 1999 CONDITIO CAL TORN IA STATE EVENT MONUMENT SIGN FOR SAN BERNARD NO 1. Applicant shall be responsible for maintenance of Campus Event Monument Sign and shall repair or replace sign, if damaged or defaced, within one week of notice from the City. 2. Changeable message sign copy shall be subject to the review and approval of the Director of Development Services. 3. Applicant shall be responsible coon shall be obtaineld maintaining the works division sign. public works construction permit prior to start of work installing the sign. 4. Exact placement of the sign shall be subject to the approval of the City Traffic Engineer based on field conditions. 5. Concrete walkways shall be constructed from the curb to the sign for maintenance pathways, so a to avoid excessive wear on the existing landscaping. 6. Applicant shall repair or replace any landscaping or irrigation damaged during construction, maintenance or operation of the sign. 7. During maintenance or changing of sign copy, applicant shall comply with all requirements of the "Work Area Traffic Control" (WATCH) manual and directives of the City Traffic Engineer. 6. If the sign is found to tl interfere by the applicant upolncnot ceoby the then it shall be promptly removed or relocated City. 9. Applicant shall indemnify and hold harmless the City from liability resulting from the sign. by 10.he(City Attorney. Such insurance bshall b'e maintained for the aen�retperiod lofthe agreement. 11.The applicant may terminate the license agreement at any time upon delivery of written notice to the City. 12 removed termination from the public right-of-waylland the affected agreement, shall promptly ares estor d to is orig r original condition. Exhibit "E" 9ti Aq C I T Y C E x _ w x nWIASaS td(aoay um(ay 6u)sn 50(nob us H 41 tL R A C H E L C L A R Km m m a `m ❑ 2^ E m m N d N C I T Y C L E R K O February 19, 1999 ; a s a m N 3 m N o m o l ¢g E U E 7 r m ° > r� N d o Mr. David DeMauro z In ~ m m m CL O m M u m Vice President of Administration and Financ E s .N 'a u m a r m `m 5500 University Parkway A E m a w Q w o San Bernardino, CA 92405 ; g C� °< 0 El m m Nag, At the Mayor and Common Council meetin€ s> .ed Resolution No. 1999-28 authorizing and dit s m ate University San Bernardino for installation c - s 82 In of University Parkway. m sm C a m mg v 6e a ray Enclosed are one (1) original license and a v .E s a < ase obtain signatures where indicated and return Sox 1318, San Bernardino, CA 92402 as soon I), a final agreement for your files. Said agreement a A m c= a 5 2 m :ity Attorney.Please be advised that said resolution will C IQ sixty (60) days of the passage of this Resot a :mhin E E m c N M :his office no later than April 14, 1999. if y i's 9< �a < y ¢ X a Isie Alvarez at (909) 384-5002. 6 6 EOpis BWQAOS OLD u0 p8231dwoO a S�3 Wt IN �noR el Sincerely, —— Rachel Clark City Clerk Enclosures F . O . S O X 1 2 1 9 S A N O E R N A R D I N O . C A 9 2 4 0 2 3 0 0 N O R T II D S T R E C T . S A N B E N N A R O 1 N D C A 1 1 F O R N I A 9 2 4 1 8 - 0 0 0 1 1 0 2 ) 2 0 4 - 5 0 0 2 ( 9 0 A ) 2 A X . 5 1 0 2 F A X - ( 0 0 9 ) 2 9 4 . 5 1 5 9 T D D I T T Y -(9 0 A) 2 A 4 - S S A 0 CALIFORNIA STATE UNIVERSITY SAN BERNARDINO , 5500 University Parkway,San Bernardino,CA 92407-2397 March 8, 1999 Ms. Rachel Clark OFFICE City Clerk OF THE City of San Bernardino VICE PRESIDENT P.O. Box 1318 FOR San Bernardino, CA 92402 ADMINISTRATION Dear Ms. Clark: AND FINANCE As requested in your correspondence dated February 19, 1999, I have signed and am 909/880-5130 enclosing the original license and agreement for installation of a campus event posting monument sign in the median of University Parkway. We at CSUSB appreciate the continued cooperative working relationship between the City of San Bernardino and the University. Sincerely, i6,u�zj David DeMauro Vice President for Administration and Finance Enclosure The California State University Bakersfield•Chien•Dominguez Hills•Fullerton•Fresno I Hayward I Humboldt•rang Beach I Los Angeles•Maritime Academy I Monterey Bay•Northridge Pomona I Sacramento•San Bernardino I San Diego•San Jose I San Luis Obispo•San Marine•Sonoma•Stanislaw, /'x the foundation FOR THE CALIFORNIA STATE UNIVERSITY. SAN BERNARDINO i '99 MAR 11 A 9 ;08 March 10, 1999 Ms. Rachel Clark City Clerk City of San Bernardino P. O. Box 1318 San Bernardino, CA 92402 Dear Ms. Clark: FOUNDATION As requested in your letter dated February 19, 1999, enclosed is a copy of the OFFICE insurance certificate required for the license and agreement for installation of a campus event posting monument sign in the median of University Parkway. (909(880-5918 The current insurance certificate covers our fiscal period ending June 30, 1999, however, it will be renewed annually as necessary for the life of the agreement. If there is any other information required, please do not hesitate to contact me. Sincerely, Arthur M. Butler Executive Director AB/ag Enclosure 5500 UNIVERSITY PARKWAY,SAN BERNARDINO,CALIFORNIA 92407-2397