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Home My WebLink About1993-341 I . 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. 93-341 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AND AGREEMENT WITH JERSEYS SPORTS GRILL AND BILLIARD CLUB, AT 440 WEST COURT STREET, RELATING TO THE INSTALLATION OF SUPPORT POLES WITHIN THE PUBLIC SIDEWALK. 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 with Jerseys Sports Grill and Billiard Club relating to the installation of two support poles within the public sidewalk, at 440 West Court Street, a 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 both 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. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 8/16/93 93-341 RESO: AUTHORIZING EXECUTION OF LICENSE AND AGREEMENT WITH JERSEYS SPORTS GRILL AND BILLIARD CLUB. RELATING TO SUPPORT POLES. WITHIN PUBLIC SIDEWALK. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by 3 Bernardino the Mayor and Common Council of the Ci ty of San at a reaular meeting thereof, held on the 4 _ 7th day of September 5 Council Members: 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 (OFFICE VACANT) 11 POPE-LUDLAM , 1993, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT x x x x x x Q <<-e-A.R.L ~ Rachel Clark, City Clerk The foregoing resolution is hereby approved this J lJth , 17 18 19 Seotpmher , 1993. -----r'. .. 'I p, .'> , ('>'7'1'1 J~("'c&,\ I Tom Minor, Mayor Ci ty of San Bernardino Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 By 24 25 26 27 28 - 2 - Res 93-34\ 93-341 LICENSE AND AGREEMENT THIS LICENSE AND AGREEMENT is made and entered into this lt1b day of C;'" 'i(-\~~''0,Q~\) 19'13, by and between JERSEYS SPORTS GRILL AND BILLIARD CLUB hereinafter sometimes referred to as IILicensee" I and the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter 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 public sidewalk located at 440 West Court Street "Jerseys Sports Grill and Billiard Club, San Bernardino, California, two canopy support poles 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 the 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 sidewalk 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 FLR/al[License.1J 1 93-341 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 two canopy support poles only with the specific written authorization of the Director of Public Works/City Engineer and at that site as is designated by the Director of Public Works/City Engineer. The two canopy support poles shall be maintained at all times in a safe, neat, sightly and good physical condition. Licensor shall be the sole judge of the quality 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 two canopy support poles 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 two canopy support poles. 6. upon termination of this agreement, licensee agrees to FLR/al(License.1J 2 93-341 immediately remove the two canopy support poles from the premises and to restore the site to its original condition. If licensee fails to exercise its duties under this paragraph, licensor shall have the right to remove the two canopy support poles 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 two canopy support poles 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 handicap ramp, 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, of 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 two canopy support poles 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 liability and responsibility of licensor, its officers, agents, servants and employees for those suits or claims. Licensee shall likewise FLR/aL[License.1J 3 93-341 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 two canopy support poles. 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 with 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 thirty (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 wil 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. FLR/alCLicense.1J 4 . 93-341 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. In witness, the parties have executed this agreement 10th c;. <L ~-\- , , 19<j3,. ~1?;I}0 ttti,~ Tom Minor, Mayor ~tt of nardino ~,.~,".;'-i"'_':,;,c:.,~ r Attest: G~~ RachM Clark City Clerk Approved as to form and legal content: James F. Penman City Attorney FLR/alCLicense.1J 5