HomeMy WebLinkAbout19- City Administrator CITY OF SAN BERNAPnINO REQUEST FOP COUNCIL ACTION
From: Fred Wilson Subject: Encroachment Permit for
Dept: Assistant City Administrator Federal Express
Date:
March 3 , 1993
Synopsis of Previous Council action:
Recommended motion:
Adopt resolution.
--4" 'JL'
i Signature
Contact person: Manuel P. Moreno, Jr. Phone: 5140
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount:
Source:(Acct. No.)
(Acct. Description)
Finance:
',ouncil Notes:
•5-0262 Agenda Item No.
CITY OF SAN BERNAF INO - REQUEST FOf 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. The Director of Public
Services has recommended approval of the request and adoption of
the attached resolution.
75-0264
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RELATING TO THE GRANT OF AN ENCROACHMENT LICENSE
3 AGREEMENT FOR A FEDERAL EXPRESS DROP BOX AT THIRD AND D STREETS IN
SAN BERNARDINO
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor is hereby authorized and directed to
7 execute that certain agreement granting an encroachment license to
8 Federal Express Corporation in a form as attached hereto as
9 Exhibit "A" and incorporated herein for a drop box to be located
10 at Third and D Streets in San Bernardino.
11 SECTION 2. The authorization to execute the above-
12 referenced agreement is rescinded if the parties to the agreement
13 fail to execute it within sixty ( 60) days of the passage of this
14 resolution.
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AB:km[FEDEXPRE.RES] —1— March 11, 1993
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RELATING TO THE GRANT OF AN ENCROACHMENT LICENSE
2 AGREEMENT FOR A FEDERAL EXPRESS DROP BOX AT THIRD AND D STREETS IN
SAN BERNARDINO
3
4 I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
5
Bernardino at a meeting thereof, held on the
6
day of 1993, by the following vote, to wit:
7
Council Members: AYES NAYS ABSTAIN ABSENT
8
ESTRADA
9
REILLY
10
HERNANDEZ
11
MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
15
16
17 City Clerk
18 The foregoing resolution is hereby approved this day
of 1993.
19
20 W. R. Holcomb, Mayor
City of San Bernardino
21 Approved as to
22 form and legal content:
23 JAMES F. PENMAN,
City Attorney
24 By:
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AB:km[FEDEXPRE.RES] —2— March 11, 1993
J 0
ENCROACHMENT LICENSE AGREEMENT
THIS ENCROACHMENT LICENSE AGREEMENT made and entered into this
day of , 1993, by and between the City of
San Bernardino, a Charter City of the State of California ( "City" )
and Federal Express Corp. , a California corporation, ( "Federal
Express" ) :
WITNESSETH•
WHEREAS, San Bernardino Municipal Code Chapter 12.08 regulates
temporary encroachments on City rights-of-way, and
WHEREAS, the Public Services Director is delegated the
authority to approve such temporary encroachments, and
WHEREAS, the authority to grant long term encroachments has
not been delegated but has been retained by the Mayor and Council
of the City, and
WHEREAS, Federal Express desires to have the ongoing use of a
portion of one of the rights-of-way of City for a freestanding
Federal Express Drop Box,
NOW, THEREFORE the parties hereto agree as follows:
1. City hereby grants to Federal Express the license to
install and maintain one ( 1 ) freestanding Federal Express Drop Box
adjacent to the curb on the circle drive directly east of City Hall
at 300 North "D" Street in the City of San Bernardino.
2. The exact location and manner of said installation must
be approved by the Director of Public Services keeping in mind the
public safety, underground utilities and pedestrian traffic
including those entering and exiting vehicles.
3. Said installation shall in no way interfere with any
existing utility. Any changes of any utility due to the
installation shall be at the sole expense of Federal Express.
4. Maintenance, removal or relocation of the subject
installation shall be the sole responsibility of Federal Express at
no expense to the City.
5. This license is revocable by City for any reason upon 30
days written notice to Federal Express, or its successor in
interest, and upon such notice the installation must be removed, or
relocated, as specified by the City at Federal Express ' sole cost
and expense, and upon such removal or relocation the installation
site must be restored as nearly as possible to its original
condition.
DAB:km[FEDEXPRE.AGR] ENCROACHMENT LICENCE AGREEMENT
6. Federal Express hereby agrees to, and shall hold the
City, its officers, agents and employees harmless and defend form
any liability for damage or claims for damage for personal injury,
including death, as well as from claims for property damage which
may arise from Federal Express ' , or any subcontractor' s operations
under this Agreement, whether such operations be by Federal
Express, or by any subcontractor( s) , or by any one or more persons
directly or indirectly employed by, or acting as agent for Federal
Express, or any subcontractor(s) on their behalf.
7. In consideration for the license granted herein Federal
Express shall pay the City $500.00 annually in advance.
8. Any notice to be given pursuant to this Agreement shall
be deposited with the United States Postal Service postage prepaid
and addressed as follows:
To City: City of San Bernardino
Public Services Director
300 North D Street
San Bernardino, CA 92418
To Federal Express: Kathy Burke Silva
980 Ranchos Drive
San Marcos, CA 92609
Nothing in this paragraph shall be construed to prevent the
giving of such notice by personal service.
IN WITNESS WHEREFORE, the parties hereto have executed this
Agreement on the day and date first above shown.
CITY OF SAN BERNARDINO
By
W.R. Holcomb, Mayor
Attest:
By
Approved as to form
and legal content:
James F. Penman, City Attorney
BY k-L-ttic..
DA :km[FEDEXPRE.AGR] -2- ENCROACHMENT LICENCE AGREEMENT
ENCROACHMENT LICENSE AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO, A CHARTER CITY OF THE STATE OF CALIFORNIA AND FEDERAL
EXPRESS CORP. , A CALIFORNIA CORPORATION.
FEDERAL EXPRESS CORP.
By
Title:
By
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