HomeMy WebLinkAbout13- City Administrator CITY OF SAN BERtRDINO REQUEST ( ')R COUNCIL ACTION
From: Fred Wilson Subject: Federal Express Agreement
Assistant City Administrator
Dept:
July 1 , 1993
Date:
Synopsis of Previous Council action:
3/22/93 -- Agreement with Federal Express Drop Box approved by Council
but rescinded due to it not be executed within 60 day period
required.
Recommended motion:
Adopt resolution.
Signature
Contact person: Manuel Moreno Jr. Phone: 5140
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No._13
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CITY OF SAN BERN,' ';DINO - REQUEST F R COUNCIL ACTION
STAFF REPORT
Federal Express Corporation has approached the City for permission
to install a free standing Drop Box adjacent to the curb on the
circle drive directly east of City Hall. This request necessitates
an encroachment permit. While the Director of Public Services is
delegated the authority to approve temporary encroachments on City
rights-of-way, the Mayor and Council has retained the authority to
grant long term encroachments such as the one described above.
Federal Express has agreed to pay the City $500 annually, in
advance, for the permit and has agreed to the terms outlined in the
attached encroachment license agreement. This agreement was
originally approved by Mayor and Council on March 22, 1993 .
However, Federal Express did not sign it within the 60 day period
and, further, incorporated changes which necessitated it being re-
submitted for your review. The Director of Public Services has
recommended approval of the request and adoption of the attached
resolution.
75-0264
C I T Y OF S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
TO: Shauna Clark, City Administrator
ATTN: Fred Wilson, Asst. City Administrator
FROM: Dennis A. Barlow, Sr. Asst. City Attorney
DATE: June 28, 1993
RE: Federal Express Encroachment Agreement
With Mr. Moreno' s assurances that the deleted language will
not cause any problems, we are returning the Agreement to your
office. With these changes, the Agreement must be submitted to the
Mayor and Council for further approval.
i
DENNIS A. RLOW
Attachment
DAB/bg [FedExp.Mem]
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO THE GRANT
OF AN ENCROACHMENT LICENSE AGREEMENT FOR A FEDERAL EXPRESS DROP BOX
3 AT THIRD AND D STREETS IN SAN BERNARDINO.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
5 SECTION 1. The Mayor is hereby authorized and directed to
6 execute that certain agreement granting an encroachment license to
7 Federal Express Corporation in a form as attached hereto as Exhibit
8 "A" and incorporated herein for a drop box to be located at Third
9 and D Streets in San Bernardino.
10 SECTION 2. The authorization to execute the above-
11 referenced agreement is rescinded if the parties to the agreement
12 fail to execute it within sixty (60) days of the passage of this
13 resolution.
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
16 Bernardino at a meeting thereof, held on the
17 day of 1993 , by the following vote, to wit:
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RESOLUTION V"'TH FEDERAL EXPRESS FOR A _)P-BOX
1
2 Councilmembers AYES NAYS ABSTAIN ABSENT
3 NEGRETE
4 CURLIN
5 HERNANDEZ
6 OBERHELMAN
7 OFFICE VACANT
8 POPE-LUDLAM
9 MILLER
10
11 City Clerk
12 The foregoing resolution is hereby approved this day of
13 1993 .
14 Tom Minor, Mayor
15 City of San Bernardino
16 Approved as to form
and legal content:
17 JAMES F. PENMAN
18 City Attorney
19 By:
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1 ENCROACHMENT LICENSE AGREEMENT
2 THIS ENCROACHMENT LICENSE AGREEMENT made and entered into this
day of , 1993, by and between the City of San Bernardino,
3 a Charter City of the State of California ("City") and Federal Express Corporation, a Delaware
4 Corporation, ("Federal Express"):
5 WITNESSETH:
6 WHEREAS, San Bernardino Municipal Code Chapter 12.08 regulates temporary
7 encroachments on City rights-of-way, and
8 WHEREAS, the Public Services Director is delegated the authority to approve such
9
temporary encroachments, and
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11 WHEREAS, the authority to grant long term encroachments has not been delegated but
12 has been retained by the Mayor and Council of the City, and
13 WHEREAS, Federal Express desires to have the ongoing use of a portion of one of the
14 rights-of-way of City for a freestanding Federal Express Drop Box,
15 NOW, THEREFORE the parties hereto agree as follows:
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18 1. City hereby grants to Federal Express the license to install and maintain one (1)
19 freestanding Federal Express Drop Box adjacent to the curb on the circle drive directly east of
20 City Hall at 300 North "D" Street in the City of San Bernardino.
21 2. The exact location and manner of said installation must be approved by the
22 Director of Public Services keeping in mind the public safety, underground utilities and
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pedestrian traffic including those entering and exiting vehicles.
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25 3. Said installation shall in no way interfere with any existing utility.
26 4. Maintenance, removal or relocation of the subject installation shall be the sole
27 responsibility of Federal Express at no expense to the City.
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1 5. This license is revocable by City for any reason upon 30 day written notice to
2 Federal Express, or its successor in interest, and upon such notice the installation must be
3 removed, or relocated, as specified by the City at Federal Express's sole cost and expense, and
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5 upon such removal or relocation the installation site must be restored as nearly as possible to its
6 original condition.
7 6. Federal Express hereby agrees to, and shall hold the City, its officers, agents and
g employees harmless and defend from any liability for damage or claims for damage for personal
9 injury, including death, as well as from claims for property damage which may arise from
10 Federal Express', or any subcontractor's operations under this Agreement, whether such
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operations be by Federal Express, or by any subcontractor(s), or by any one or more persons
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13 directly or indirectly employed by, or acting as agent for Federal Express, or any
14 subcontractor(s) on their behalf.
15 7. In consideration for the license granted herein Federal Express shall pay the City
16 $500.00 annually in advance, provided; however, should City terminate this Agreement as set
17 forth in Section 5, City shall reimburse to Federal Express a pro rata share of the fees payable
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to City in this Section 7. This pro-rata share amount must be agreed upon by both parties to
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20 this agreement.
21 8. Any notice to be given pursuant to this Agreement shall be deposited with the
22 United States Postal Service postage prepaid and addressed as follow:
23 To City: To Federal Express:
24 City of San Bernardino Kathy Burke Silva
25 Public Services Director 980 Ranchos Drive
300 North "D" Street San Marcos, CA 92609
26 San Bernardino, CA 92418
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AGREEMENT WI^"' FEDERAL EXPRESS CORPORATT_`7 FOR DROP-BOX
1 Nothing in this paragraph shall be construed to prevent the giving of such notice by
2 personal service.
3 IN WITNESS WHEREFORE, the parties hereto have executed this Agreement on the
4 day and date first above shown.
5
6 ATTEST: CITY OF SAN BERNARDINO
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8 By:
City Clerk Tom Minor, Mayor
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11 Federal Express, Corporation
12 By.
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14 Approved as to form
15 and legal content:
16 JAMES F. PENMAN
City Attorney
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18 BY:
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