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Home My WebLink About1997-115 EFFECTIVE DATE: 5-8-97 TERM OF AGREEMENT: Terminates upon receipt of thi~ty (30) day notice RESOLUTION NO. 97-115 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A LICENSE AGREEMENT TO GRANT CALIFORNIA STATE UNIVERSITY SAN BERNARDINO PERMISSION TO INSTALL DIRECTORY SIGNS ON THE NORTH SIDE OF NORTHPARK BOULEVARD AND THE MEDIANS AT NORTHPARK BOULEVARD AND UNIVERSITY PARKWAY IN I SAN BERNARDINO. 2 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AS FOLLOWS: 4 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed 5 to execute, on behalf of said City, a licence agreement granting California State University San 6 Bernardino permission to install directory signs on the north side of N orthpark Boulevard and the 7 medians at Northpark Boulevard and University Parkway in San Bernardino, a copy of which is 8 attached hereto, marked Exhibit" A" and incorporated herein by reference as fully as though set 9 forth at length. 10 SECTION 2. The authorization to execute the above referenced agreement is rescinded II if the parties to the agreement fail to execute it within sixty (60) days of the passage of this 12 resolution. 13 III 14 III IS III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 28 CDK/tbm[cssb.res] I 07o.U5 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A LICENSE AGREEMENT TO GRANT CALIFORNIA STATE UNIVERSITY SAN BERNARDINO PERMISSION TO INSTALL DIRECTORY SIGNS ON THE NORTH SIDE OF NORTHPARK BOULEVARD AND THE MEDIANS AT NORTHPARK BOULEVARD AND UNIVERSITY PARKWAY IN SAN BERNARDINO 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 2 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 3 5th day of Mav , 1997, by the following vote, to wit: 4 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 7 NEGRETE 8 CURLIN 9 ARIAS 10 OBERHELMAN 11 DEVLIN 12 ANDERSON 13 MILLER 14 15 16 17 x x x x x x x ~ Cf.~ The foregoing Resolution is hereby approved this 311 day of May ,1997 18 19 20 21 Approved as to form and legal content: 22 JAMES F. PENMAN, 23 City Attorney 24 ~~1u~ IO MINOR, ayor City of San Bernardino ,1 ., J{)~~ 25/ By: )f2/~ (;1 ,j 26 27 28 CDK/tbm[cssb.res] 2 ., '1"'16 17 97 115 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 LICENSE AND AGREEMENT THIS LICENSE AND AGREEMENT is made and entered into this (,i l.day of'lf1"'";Y, 1997 by and between California State University San Bernardino, a California State U~ty hereinafter sometimes referred to as "Licensee" and the CITY OF SAN BERNARDINO a municipal corporation hereafter sometimes referred to as "City". WITNESSETH F or and in consideration of the mutual promises and covenants herein contained, the parties hereto do hereby agree as follows: I. City hereby gives permission revocable and terminable as hereinafter provided to Licensee to erect and or install in conformance with existing laws on a certain portion of City property located on the north side of North park Boulevard and the medians at Northpark Boulevard and University Parkway, San Bernardino, California, directory signs at such locations and subject to any requirements or conditions as may be imposed by the Director of Public Works / City Engineer and the Director of Planning and Building Services of the City. 18 2. This permission is given to Licensee as an accommodation to Licensee and shall be rent free, however, the Licensee shall pay a five hundred dollar ($500) administrative fee to the City prior to the installation of any sign (s). 3. Licensee hereby acknowledges the title and paramount interest ofthe City property and agrees never to assail or resist said title or interest and to observe present or future set back requirements relating thereto. 4. City reserves the right to terminate the permission hereby given at any time by giving Licensee at least thirty (30) days written notice of such termination 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 hereof or keep each and all of the Licensee's promises herein. Waiver by City of any breach of any term or provision hereof shall not be deemed a waiver of any subsequent breach of the same or any other term or provision hereof. 5. Licensee agrees to construct the directory signs only with specific written 19 authorization of the Director of Public Works / City Engineer and at the sites as is designated by the Director of Public Works / City Engineer. The directory signs shall be maintained at all 20 times in a safe, neat, sightly and good physical condition. City shall be the sole judge of the quality of maintenance, and upon written notice by City, through its Director of Public Works / 21 City Engineer, stating in general terms how and in what manner the maintenance is required. Licensee shall be required to perform such required maintenance. If Licensee fails to do so, then 22 City shall have the right to perform this maintenance, the cost of which shall be borne by Licensee. Licensee further agrees to erect and maintain the directory signs in conformity with all 23 building codes, rules, regulations and guidelines of the City of San Bernardino. Licensee shall at its own responsibility and expense obtain and keep in effect all licenses, bonds and permits 24 necessary for the installation and existence of the directory signs. 25 6. Upon termination of this agreement, Licensee agrees to immediately remove the signs from City property and restore the property to its original condition. If Licensee fails to 26 exercise its duties under this paragraph, City shall have the right to remove the signs and restore the premises at no cost or liability to the City. Licensee covenants and agrees to reimburse City 27 28 CDKltbm[cssb.lic] EXHIBIT BAR " . } 97-11"5 I for such removal and I or restoration. 2 7. City shall in no way be responsible for loss of or damage to the signs or for any property belonging to or rented by Licensee, its officers, servants, agents or employees that may 3 be stolen, destroyed or in any way damaged during the erection or maintenance of the signs and Licensee indemnifies City, its officers, agents, servants and employees from and against any and 4 all such claims. 5 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, 6 officers, agents and employees from liability resulting from, arising out of, or in any way connected with, the construction or installation of any structure referenced to in this license, the 7 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, 8 or agents of Licensee, or Licensee's failure to perform its promises in connection herewith. Licensee shall defend City, its elective and appointive board, commission, officers, agents and 9 employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused by reason of any of Licensee's operations under this agreement. 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 9. This license is personal to Licensee. It is nonassignable, and any attempt to assign this license will terminate the license privileges granted to Licensee under this agreement. 10. Licensee agrees that should any action, whether real or asserted, at law or in equity, rise out of the terms of this agreement, or by Licensee's operations on the premises, venue for that action shall lie in San Bernardino County, California. II. In any action brought by City for the enforcement of the obligations of Licensee, in which City prevails, City shall be entitled to recover interest and reasonable attorney's fees." IN WITNESS, the parties have executed this agreement on the X Ii. day of ) 7 (fU/ of 1997. i! ~[)1L-I~ T6m Minor, Mayo . CITY OF SAN BERNARDINO ATTEST: ~C-~ CALIFORNIA STATE UNIVERSITY SAN BERNARDINO, A CALIFORNIA STATE UNIVERSITY Lice~ By , It~ D id DeMauro Vice President of Administration and Finance Approved as to form and legal content: James F. Penman City Attorney By ~J.y~> ? )rv".-#'-, // U eJuL Jet A/~ Attest: 25 26 27 28 CDK/tbm[cssb.lic] 2