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HomeMy WebLinkAbout1985-12-17; City Council; 8412; Agreement for Community Sign Programii ,'+ ' Clfc'3F CARLSBAD - AGENDi-31LL \B#m ATG.-. 12/17/8 5 AGREEMENT FOR COMMUNITY DIRECTIONAL .- SIGN PROGRAM DEPT. HD. CITY AlNm IEPT. PLN I RECOMMENDED ACTION: AUTHORIZE the Mayor to sign an agreement between the City and Sun Cal Outdoor Advertising to install and maintain the city's community directional sign program and ADOPT Resolution No. , establishing associated fees. ITEM EXPLANATION On October 16, 1984, the City Council approved a community directional sign program for new subdivisions in the city. A copy of the previous agenda bill and supporting information is attached. At that time, staff was recommending that the Chamber of Commerce administer the program. The Chamber requested proposals from sign companies and selected Sun Cal Outdoor Advertising as the firm best qualified to build and maintain the kiosk signs. The Chamber subsequently decided not to administer the program because of time constraints and other, more-pressing programs in which they were involved. Staff has reviewed all the proposals which were submitted to the Chamber and agrees that Sun Cal submitted by far the best proposal. Staff has subsequently met with Sun Cal representatives and they have agreed to not only manufacture, erect, maintain, repair and replace the signs but also to handle all of the administrative functions (i.e, billings) associated with leasing of the sign space. Staff involvement would be approval of the signs and their location and enforcement of any violations. Sun Cal has also agreed to pay the city a fee for each sign placed on a kiosk in order to cover city administrative costs and enforcement. Per attached Resolution No. 8 , Sun Cal would pay the city a $100 installation fee for review and inspection of each kiosk structure. For each sign proposed to be installed on a kiosk, Sun Cal would pay the city $20 per month. This would totally cover the review and approval of each sign and all enforcement associated with the program. Sun Cal would charge the subdivider between $90 and $125 per month for the construction and maintenance of the signs and the kiosk structure. Staff has reviewed the attached agreement with Sun Cal and it complies with all aspects of the ordinance adopted by the City Council which approved the directional sign program. ENVIRONMENTAL REVIEW A Negative Declaration was previously prepared and approved for the directional sign program. I Page 2 of Agenda Bill # fq/Z FISCAL IMPACT All cost involved with staff time in administering the program will be recovered by a fee collected for each sign. EXHIBITS 1. Agreement with Sun Cal Outdoor Advertising 2. City Council Resolution No. 82 6 8 3. Previous Agenda Bill dated October 16, 1984 AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF COMMUNITY DIRECTIONAL SIGNS IN THE CITY OF CARLSBAD This Agreement is by and between the City of Carlsbad hereinafter "City", and SunCal Outdoor Advertising, hereinafter "SunCal", 8390 MiraMar Place, Suite A, San Diego, California 92121, and is as follows: A. The City of Carlsbad has authorized the erection and maintenance of a number of community directional signs. B. The City has determined that there is a need for the immediate construction of between 10 to 16 directional kiosks for such signs at locations throughout the City of Carlsbad as may be authorized by the Land Use Planning Manager, with the possibility of adding additional structures at a later date. C. SunCal desires to enter into a contract with the City to manufacture, erect, maintain, repair and replace the authorized sign kiosks and administer the leasing of sign space on the kiosks in accordance with Chapter 21.41 of the Carlsbad Municipal Code. NOW, THEREFORE, the parties agree as follows: 1. SunCal shall, within 30 days of the execution of this Agreement, manufacture and erect a minimum of 10, and a maximum of 16 directional kiosks at such locations as specified by the City of Carlsbad. The sign kiosks shall be manufactured in accordance with the following specifications: 3 a. Each kiosk shall not exceed five feet in width and ten feet in height. Individual directional kiosk signs shall be constructed so as to conform to the size and design of the kiosk. In no event shall the signs exceed 10 inches by 60 inches. b. All individual community directional signs mounted on the kiosk shall be the same design and shall be dark brown wood with routered-in white lettering. Letters shall be consistent in size, width and thickness of print. Letters shall be all upper case and not more than 6 inches in height. Type style shall be approved by the Land Use Planning Manager. c. Each kiosk shall have the words "City of Carlsbad" displayed in a prominent location at the top of the kiosk. In the event that it is a dual-faced kiosk, then the words shall appear on both sides of the kiosk at the top. d. Each individual community directional sign shall contain only the name of the subdivision or community to which it refers, and shall contain a directional arrow. The maximum number of community directional signs allowed in one kiosk shall be 7 if single-faced or 14 if double-faced. e. Each kiosk shall contain space for at least one directional sign indicating the location of individual communities, public buildings, or public facilities or services so selected by the City. f. Attached hereto marked Exhibit 1, and incorporated herein by reference, is a diagram of the kiosk structure and individual directional signs. 9. Community directional signs for a subdivision shall be permitted until the homes in the community are sold or for a period of one year whichever is shorter. 2. SunCal shall obtain all sign or building permits from the City of Carlsbad as may be required for each kiosk, and shall pay any fees so required. 3. In the event any kiosk is to be erected on private property, then SunCal shall obtain written consent from the landowner for the installation and maintenance of the structure on the private property including a provision giving the City the right to enter the property and remove the sign for noncompliance with the Carlsbad Municipal Code. A copy of said consent shall be filed with the Land Use Planning Manager prior to his approval of the kiosk. Any private property rental fees required shall be paid by SunCal. In the event permission cannot be obtained, then with the consent of the City of Carlsbad, a new site location shall be mutually agreed upon. 4. SunCal shall administer the community directional sign program in accordance with Chapter 21.41 of the Carlsbad Municipal Code. SunCal shall charge a fee for placement of a community directional sign on a kiosk to cover the City's costs in administering this Agreement and for reviewing each sign. The fee may also include an amount necessary to cover the costs to SunCal of the construction and maintenance of the kiosks and the individual signs. The fee schedule shall be subject to approval by the City Council and when approved shall be part of this -3- Agreement. The City shall not be obligated to pay anything to SunCal as a result of this Agreement. This program is to be supported solely by the fees to be charged and collected by SunCal. 5. It shall be the sole responsibility and liability of SunCal to maintain, repair, replace and repaint each kiosk and sign plaque as necessary so that they remain in good condition and repair. Additionally, at such time as the City notifies SunCal that repairs are needed to a particular kiosk or sign plaque, SunCal agrees that it shall promptly undertake everything necessary to repair or replace said kiosk or sign plaque within five business days of its receipt of the Notice. 6. SunCal acknowledges that Chapter 21.41 of the Carlsbad Municipal Code provides that a subdivision or neighborhood shall not be allowed any directional kiosk signs if there are any other signs advertising the subdivisions or neighborhood anywhere else in the area covered by the City's general plan which do not +conform to this Ordinance. SunCal further acknowledges that in the event that a developer is in violation of said chapter the City has retained the right to require the removal from all kiosks within the City, all directional signs for that subdivision, and that any lease between SunCal and that developer shall be terminated. In that event, SunCal agrees that if the City of Carlsbad orders the removal of any directional signs from a kiosk, then the contract for that particular sign plaque shall be terminated and the -4- sign(s) immediately removed. In that event, that portion of this Agreement pertaining to said sign plaques shall terminate, and the fee due SunCal shall be adjusted accordingly, without any liability or damage to the City or as to any other claims or off sets. SunCal expressly covenants and warrants to the City that if it is required to remove a directional sign for the reasons set forth above, the City shall not be held liable for any claimed breach of this Agreement. Additionally, SunCal agrees that so long as it has the Agreement for the installation and maintenance of community directional signs in the City of Carlsbad, it will not erect or maintain any subdivision signs or structures that do not comply with the Carlsbad Municipal Code, and that if it now has any subdivision signs or structures anywhere within the area covered by the City of Carlsbad's general plan, it will immediately remove them. 7. In the event that Chapter 21.41 or any part of it is deemed unconstitutional, then all community directional kiosks within the City shall be immediately removed along with all directional signs attached thereto and permitted under the ordinance, and this Agreement shall terminate without liability to the City of Carlsbad. In the event the City of Carlsbad is made a party to any suit seeking damages as a result of the removal of said kiosks and the termination of this Agreement, SunCal shall indemnify and hold the City, its officers and employees free and harmless of all costs, claims and damages, including reasonable attorney fees. -5- 7 8. SunCal agrees that it will not allow any third parties to make any additions to, or attach any tags, signs, streamers, devices, display boards or other appurtenances to either the kiosks or to any signs located thereon. 9. In the event either party reasonably retains an attorney to either enforce any provisions of, or to prevent any breaches of this Agreement, the prevailing party shall be entitled, in addition to such other relief as may be granted, to be reimbursed by the losing party for all costs and expenses incurred thereby, including, but not limited to, reasonable attorney fees incurred by the prevailing party, 10. SunCal agrees to hold the City of Carlsbad, its officers and employees free and harmless from any and all costs, damages and claims arising out of or in any way connected with its administration of this agreement or Chapter 21.41. 11. Throughtout the term of this Agreement, SunCal agrees to maintain in full force and effect policies of property damage and public liability insurance covering the sign kiosks and sign plaques attached thereto in a minimum amount of $500,000 and shall name .the City of Carlsbad as an additional insured on said policies. 12. In the event that it reasonably becomes necessary for whatever reason to physically move one or more of the kiosk structures, then upon the request of the City of Carlsbad, SunCal agrees to promptly move said kiosk at its sole cost and expense and to then reinstall it at such new location as directed and authorized by the City of Carlsbad. -6- 13. This Agreement shall continue on a year-to-year basis, terminable upon 30 days written Notice from either party to the other. In the event of a termination, the City shall have a 30-day right to purchase from SunCal some or all of the kiosk structures and signs for their original cost less depreciation. 14. No provision in this Agreement is to be interpreted for or against either party because that party or his legal representative drafted such provision. 15. Any and all Notices or other communications, required or permitted by this Agreement or by law to be served on, given or delivered to either party, by the other, shall be in writing and shall be deemed duly served, given or delivered when personally delivered to the party to whom it is addressed, or in lieu of such personal service, when deposited in the United States mail, first class postage prepaid, addressed as follows: To the City: Director of Building and Planning 1200 Elm Avenue Carlsbad, CA 92008-1989 (619) 438-5525 To SunCal: SunCal Outdoor Advertising 8390 MiraMar Place, Suite A San Diego, CA 92121 (619) 565-2332 Either party may change its address for the purposes of this paragraph by giving written Notice of such change to the other party in the manner provided for above. 16. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors, and assigns. -7- 9 17. The invalidity of any portion of this Agreement will not effect the validity of any other provision or portion. If any term or provision of this Agreement, or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, then the remainder of this Agreement shall not be effected thereby, and each term or provision or part thereof of this Agreement shall be valid and enforceable to the full extent permitted by law. 18. This Agreement is being delivered in the State of California and shall be construed in accordance with the laws of the State of California. Dated : City of Carlsbad by : MARY H. CASLER, Mayor Dated: SunCal Outdoor Advertising bv : Approved as to form and legality VINCENT F. BIONDO, JR., City Attorney