HomeMy WebLinkAbout2002-083
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RESOLUTION NO. 2002-83
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT WITH INLAND EMPIRE AUTO
3 CENTER ASSOCIATION FOR INSTALLATION OF ELECTRONIC READER BOARD
4 IN THE STREET RIGHT-OF-WAY IN THE MEDIAN OF AUTO CENTER DRIVE
AND CAMINO REAL.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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9 directed to execute on behalf of said City a License Agreement with Inland Empire Auto
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SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
Center Association, for installation of Electronic Reader Board in the street right-of-way in the
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median of Auto Center Drive and Camino Real, copy of which is attached hereto, marked
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Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
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SECTION 2. The agreement shall not take effect until fully signed and executed by all
15 parties. The City shall not be obligated hereunder unless and until the agreement is fully
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executed and no oral agreement relating thereto shall be implied or authorized.
SECTION 3.
The authorization to execute the above-referenced agreement IS
rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
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of this resolution.
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2002-83
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT WITH INLAND EMPIRE AUTO
2 CENTER ASSOCIATION FOR INSTALLATION OF ELECTRONIC READER BOARD
IN THE STREET RIGHT-OF-WAY IN THE MEDIAN OF AUTO CENTER DRIVE
3 AND CAMINO REAL.
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18th day of
March
, 2002, by the following vote, to wit:
8 Council Members:
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AYES
NAYS
ABSTAIN ABSENT
ESTRADA
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20 The foregoing resolution is hereby approved this /)() 'T"f day of March, 2002.
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J 1 Valles, Mayor
i of San Bernardino
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Approved as to
25 form and legal content:
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JAMES F. PENMAN,
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28 By: iL f.
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City Attorney
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2002-83
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made and entered into this ~ day of
A?n \ , 2002, by and between Inland Empire Auto Center Association
hereinafter sometimes referred to as "Licensee," and the CITY OF SAN BERNARDINO, a
WITNESSETH:
For and in consideration of the mutual promises and covenants herein contained, the
parties hereto do hereby agree as follows:
1. City hereby gives permission, revocable and terminable as hereinafter provided,
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This permission is given to Licensee as an accommodation to Licensee and shaH
Licensee hereby acknowledges the title and paramount interest of City to the
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EXHIBIT "A"
2002-83
determines that the Electronic Reader Board constitutes a health and safety hazard, except that
City may, at its election, terminate said permission forthwith at any time if Licensee shall fail
to comply with or abide by each and all of the provisions herein. Waiver by City of any
breach of any term or provision herein shall not be deemed a waiver of any subsequent breach
6. Upon termination of this agreement, Licensee agrees to immediately remove the
Electronic Reader Board from the street right-of-way and to restore the street right-of-way to
its original condition. If Licensee fails to exercise its duties under this paragraph, City shall
have the right to remove the Electronic Reader Board and restore the premises at no cost or
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2002-83
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liability to the City. Licensee covenants and agrees to reimburse City for such removal and/or
restoration.
7. City shall in no way be responsible for loss of or damage to the Electronic
Reader Board or for any property belonging to or rented by Licensee, its officers, servants,
agents or employees, that may be stolen, destroyed or in any way damaged during the erection
or maintenance of the Electronic Reader Board; and Licensee indemnifies City, its officers,
agents, servants and employees from and against any all such claims.
8. Licensee shall exercise its privileges under this license at its own risk. Licensee
shall indemnify and hold harmless City, its elective and appointive boards, commissions,
officers, agents and employees from liability resulting from, arising out of, or in any way
connected with, the construction, installation or maintenance of any structure referenced in this
license, the occupation or use of the public areas of such structure, both during and after the
installation thereof, including claims resulting from the conduct of Licensee, its employees,
invitees, guest or agents of Licensee, or Licensee's failure to perform its promises in
connection with this Agreement. Licensee shall defend City, its elective and appointive board,
commissions, officers, agents and employees from any suits or actions at law or in equity for
damages or injuries caused, or alleged to have been caused, by reason of any of Licensee's
operations under this Agreement.
9. Licensee agrees to furnish City with a certificate of insurance as proof that it has
secured and paid for a policy of public liability insurance covering all public risks related to
the use, maintenance, existence or location of the Electronic Reader Board. The amounts of
that insurance shall be as follows:
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2002-83
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LICENSE AGREEMENT
3 IN WITNESS, the parties have executed this Agreement on the ~ day of
A;,nJI , 2002.
alles, Mayor
f San Bernardino
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8 ATTEST:
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10 City~
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Approved as to
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14 JAMES F. PENMAN,
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City Attorney
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