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Home My WebLink About1994-089 .' . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94-89 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AND AGREEMENT WITH ARCO PRODUCTS COMPANY RELATING TO RELOCATION OF AN EXISTING MONUMENT SIGN IN AN EXISTING CITY SEWER EASEMENT AT THE NORTHWEST CORNER OF HALLMARK PARKWAY AND UNIVERSITY PARKWAY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a License and Agreement ,'lith Arco Products Company, relating to relocation of an existing monument sign into an existing City sewer easement at the northwest corner of Hallmark Parkway and University Parkway, copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. 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 3. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute resolution. / / / / / / / / / / / / / / / / / / / / 3'-17-94 it within sixty (60) days of the passage of this 94 89 RESO: AUTHORIZING EXECUTION OF LICENSE AND AGREEMENT WITH ARCO ERODUCTS COMPANY RELATING TO ,RELOCATION OF AN EXISTING MONUMENT SIGN. 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 meeting thereof, held on the 4 4th day of April , 1994, by the following vote, to-wit: 5 Council Members: 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM NAYS ABSTAIN ABSENT AYES x x x x x x 12 MILLER 13 14 15 16 day of 17 18 19 x ) , R~~~CI /~\~~k(: (~i ~!Clerk The foregoing resolution is hereby approved this ~ 9-., 'C>\L.. \ \ , 1994. I -J{://7J;) ~~\f~ / Tom Minor, Ma"or City of San Bernardino 20 21 22 23 24 25 26 27 28 Approved as to form and legal content: James F. Penman :::;z~ - 2 - 94-89 .. LICENSE AND AGREEMENT THIS LICENSE AND AGREEMENT is made and entered into this _day of 1994, by and between ARCO PRODUCTS COMPANY 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: l. terminable City hereby as hereinafter gives permission, revocable and provided, to Licensee to erect, in conformance with existing laws on a certain portion of the City's Sewer Easement located at the northwest corner of Hallmark Parkway and University Parkway, San Bernardino, California, a monument sign at such location and subject to any requirements or condi tions 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 Sewer Easement and agrees never to assail or resist said title or interest and to observe present or future set-back requirements relating there. EXHIBIT -A- .. 94 \'1' 89 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 an~ 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 monument sign only with the specific written authorization of the Director of Public Works/Cit~ Engineer and at that site as is designated by the Director of Public Works/City Engineer. The monument sign shall be maintained at all times in a safe, neat, sightly and good physical condition. Licensor shall be the sole judge of the quali ty of maintenance, and upon written notice by licensor, 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 licensor 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 handicap ramp 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 an existence of the monument sign. - 2 - 94 89 6. Upon termination of this agreement, licensee agrees to immediately remove the monument sign from the sewer easement to restore the easement to its original condition. If licensee fails to exercise its duties under this paragraph, licensor shall have the right to remove the monument sign and restore the premises at no cost or liability to the City. Licensee covenants and agrees to reimburse licensor for such removal and/or restoration. 7. Licensor shall in no way be responsible for loss of or damage to the monument 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 monument sign, and licensee indemnifies licensor, its officers, agents, servants and employees from and against any and all such claims. 8. Licensee agrees to indemnify and defend licensor, its officers, agents, servants and employees against any claims or suits for property loss or damage and/or personal injury, including death, to any persons, or any character, whether real or asserted, arising out of or in connection with the existence, maintenance, use, or in connection with the existence, maintenance, use, or location of the monument sign whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of licensor; and licensee assumes all liabili ty and responsibility of licensor, its officers, agents, servants and employees for those suits or claims. Licensee shall - 3 - 94 89 Likewise indemnify licensor for any injury or damage to the premises, whether arising out of or in connection with any acts or omissions of licensee, its officers, agents, employees, contractors, subcontractors, licensees, invitees or trespassers, or caused in whole or in part by alleged negligence of officers agents, servants, employees, contractors, subcontractors, licensees or invitees of licensor. 9. Licensee agrees to furnish licensor 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 monument sign. follows: The amounts of that insurance shall be as 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 licensor'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. - 4 - AGREEMENT: MONUMENT SIGN IN EXISTING SEWER EASEMENT AT HALLMARK PARKWAY AND UNIVERSITY PARKWAY 94 89 12. In' any action brought by licensor for the enforcement of the obligations of licensee, licensor shall be entitled to recover interest and reasonable attorney's fees. this IN WITNESS, day of the parties have executed this agreement on , 1994. Tom Minor, Mayor CITY OF SAN BERNARDINO Licensee Approved as to form and legal content: James F. Penman City Attorney By - 5 -