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Home My WebLink About1995-046 1 95-46 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AND AGREEMENT WITH J 0 BAKER, INC. dba 3 CASUAL MALE RELATING TO ENCROACHMENT OF A CANOPY AND SIGN INTO THE PUBLIC RIGHT-OF-WAY OF uH" STREET AT 798 WEST INLAND CENTER 4 DRIVE; AND RESCINDING RESOLUTION NO. 94-364. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 SECTION 1. Resolution No. 94-364 is hereby rescinded. SECTION 2. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a License and Agreement with J. BAKER, INC. dba CASUAL MALE, relating to encroachment of a canopy and sign into the public right-of-way of "H" Street at Inland Center Drive, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 3. The agreement shall not take effect until fully signed and executed by all parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 4. The authorization to execute the above- referenced agreement is rescinded if the part.ies to the agreement fail to execute 22 resolution. 23 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 / / / / 2-15-95 it within sixty (60) days of the passage of this ,1;:: ~/I/A ,~ y RESO: . AUTHORIZING. EXECUTION OF LICENSE AND AGREEMENT WITH J. BAKER, INC. dba CASUAL MALE, RELATINB TO ENCROACHMENT OF A CANOPY AND SIGN INTO THE PUBLIC RIGHT-OF-WAY. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a regular 4 20th day of February 5 Council Members: 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM 12 MILLER 13 14 ~~rk~~cierk - 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The foregoing resolution is hereby approved this 22nd .._._ February , 1995. day of ~;)u~,^ Tom Minor, Mayor Ci ty of San Bernardino Approved as to form and legal content: James F. Penman City ttorney No :;. (?,~ - 2 - , ,. " '~ Res. 95-46 LICENSE AND AGREEMENT THIS LICENSE AND AGREEMENT is made and entered into this 22ndday of Februarv 1995, by and between J. BAKER, INC. dba CASUAL MALE hereinafter sometimes referred to as "Licensee," and the CITY OF SAN BERNARDINO, a municipal corporation hereafter sometimes referred to as "City." 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, to Licensee to erect, in conformance with existing laws on a certain portion of the City's public right-of-way for "H" Street, at 7 9 8 W. Inland Center Drive, San Bernardino, California, a canopy and sign at such location 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. 2. This permission is given to Licensee as an accommodation to Licensee and shall be rent free. 3. Licensee hereby acknowledges the title and paramount interest of City to the public right-of-way and agrees never to assail or resist said title or interest and to observe present or future set-back requirements relating thereto. , .- ')r. ....l,~"" '" 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 canopy and sign only with the specific written authorization of the Director of Public Works/Ci ty Engineer and at that site as is designated by the Director of Public Works/City Engineer. The canopy and sign shall be maintained at all 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/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 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 canopy and sign in conformity with all 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 necessary for the installation and existence of the canopy and sign. - 2 - ,117 3 .~." < ~ '~A " 6. Upon termination of this agreement, Licensee agrees to immediately remove the canopy and sign from the public right- of-way and to restore the public 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 canopy and sign and restore the premises at no cost or 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 canopy and sign 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 canopy and sign, and Licensee indemnifies City, its officers, agents, servants and employees from and against any and all such claims. 8. Licensee shall exercise i ts privileges under this license at its own risk. Licensee shall indemnify and hold harmless City, its elective and appointive boards, connissions, 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 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, guests or agents of Licensee, or Licensee's failure to perform its promises in connection herewith. 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 - 3 -- ()r(-I!I, damages 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 canopy and sign. The amounts of that insurance shall be as follows: Property daMage, per occurrence $1,000,000 CSL Personal injury or death, per occurrence $1,000,000 CSL wi th the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at City's option and Licensee will so revise such amounts within 30 days following notice to Licensee of those requirements. 10. 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. 11. 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. 12. 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. - 4 - ~ 1':-1/;" AGREEt1ENT: CANOPY AND SIGN IN THE PUBLIC RIGHT-OF--WAY OF "H" STREET, AT 798 W. INLAND CENTER DRIVE. IN WITNESS, the parties have executed this agreement on the 22nd day of February , 1995. ATTEST: -216 ....-------;-. ' :I-L:~ f,.U1.#'.. Tom Minor, Mayor CITY OF SAN BERNARDINO ~~ Approved as to form and legal content: - '\ -??!7"1~~ , / ~J_ L~censee t? :z z:::o-- <- ~ ~. James F. Penman City Attorney ;) i&~ Sw,,"-~ ~ ~-\'-- '-- ..... ~ ~ l"\~ ~~ ~"r.s l\ \ t \z..o..._ - 5 -