HomeMy WebLinkAbout1991-078
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RESOLUTION NO. 91-78
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT WITH FULLERTON BUILDING, INC.,
3 RELATING TO PLACEMENT OF A TRASH ENCLOSURE IN PARKING DISTRICT
LOT NO.3.
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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 Agreement with Fullerton Building, Inc., relating to
9 placement of a trash enclosure in Parking District Lot No.3, a
10 copy of which is attached hereto, marked Exhibit "A" and
11 incorporated herein by reference as fully as though set forth at
12 length.
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The agreement shall not take effect until
SECTION 2.
14 fully signed and executed by all parties. The City shall not be
15 obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authorized.
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The authorization to execute the above-
SECTION 3.
19 referenced agreement is rescinded if the parties to the agreement
20 it within sixty (60) days of the passage of this
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fail to execute
resolution.
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2-07--91
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RESO;
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AUTHORIZING EXECUTION OF LICENSE AGREEMENT WITfl FULLERTON
BUILDING, INC., RELATING TO PLACEMENT OF A TRASH-
ENCLOSURE IN PARKING DISTRICT LOT NO.3.
I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the
3 Bernardino at
4 .1lth day of March
9 MAUDSLEY
10 MINOR
Mayor and Common Council of the City of San
adjourned
an reqular meeting thereof, held on the
1991, by the following vote, to-wit:
NAYS
11 POPE-LUDLAM
5 Council Members:
6 ESTRADA
7 REILLY
8 FLORES
12 MILLER
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day of
AYES
ABSTAIN
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The foregoing resolution is hereby approved this 13th
<7/;. t: f/
tW. R. Hglcomb,/Mayor
City, of (San Bernardino
March
, 1991.
Approved as to form
and legal content:
James F. Penman
City Attorney
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LICENSE AGREEMENT
(For Refuse Enclosure)
. ., April
Th~s agreement ~s made th~s 5th day of~aR~FY, 1991,
by and between the City of San Bernardino, hereinafter referred
to as "Licensor" and Fullerton Building, Inc., hereinafter
referred to as "Licensee."
WHEREAS, Licensor is the owner of Parking District Lot
No. 3 which is located next to the property of Fullerton
Building, Inc. located at 472 North Arrowhead Avenue in the city
of San Bernardino; and
WHEREAS, Licensee is owned by San Bernardino Associated
Governments (SANBAG) and SANBAG will be the sole tenant of the
building located at 472 North Arrowhead Avenue; and
WHEREAS, Licensee desires to be granted a license to
allow for the placement and use by Licensee and SAN BAG of a
refuse enclosure to be located adjacent to the northwest corner
of Licensee's property on Parking District Lot No.3.
NOW, THEREFORE, it is agreed as follows:
1. Licensor grants to Licensee for its use and the use
of its tenant SANBAG a license to place and use (including
necessary ingress and egress) a refuse enclosure on Parking
District Lot No.3. The refuse enclosure placement shall be
adjacent to the northwest corner of Licensee's property located
at 472 North Arrowhead Avenue as indicated in Exhibit "A" which
is attached hereto and incorporated herein by reference.
2. This agreement shall be effective for a period of
(5) five years commencing April 5 , 1991, and
terminating on j,oril 5 , 1996, or at such time as
SANBAG is no longer the tenant of the building located at 472 N.
Arrowhead Avenue, San Bernardino, California; in which case this
license may terminate in less than (5) five years.
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3. Following expiration of the initial term of this
license, Licensee may extend the term of this agreement for an
additional (and successive) (5) five year term and for additional
(5) five year terms thereafter, as long as SANBAG remains the
tenant of the building located at 472 North Arrowhead Avenue, San
Bernardino, California.
4. Licensor reserves the right to require modifi-
cations to the license granted herein by providing written
direction to Licensee and may terminate the license granted
herein by the giving of a thirty (30) day written notice of
termination.
5. The refuse enclosure shall be constructed and
provided by Licensee, at its own cost, and according to
requirements of the Public Works Department of the city of San
Bernardino. Any required painting stripes around the refuse
enclosure shall be performed at Licensee's expense.
6. This license is nonassignable.
7. Any modification of this license agreement shall be
binding only if evidenced in writing signed by an authorized
representative of each party.
8. Licensee shall indemnify and hold Licensor harmless
from and against any and all liability from personal injuries,
property damage, or for loss of life or property resulting from
the use of the license granted herein.
9. Upon termination of this license agreement, or
revocation of this license, Licensee agrees to immediately
compensate Licensor for all damages (if any) and/or remove all
obstructions caused by Licensee to Parking District Lot No.3,
upon written notice to Licensee by Licensor.
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IN WITNESS WHEREOF, the parties hereto have executed
this agreement the day and year first above written.
LICENSEE
LICENSOR
FULLERTON BUILDING, INC.
CITY OF
~.
::a
Secretary
(Title)
Mayor
(Title)
Dated: March 26, 1991
ATTEST:
(jj.~ %~~r
cit Clerk
Dated: ~ ~ 1,91/
APPROVED AS TO FORM
3!:JB!CfI
ALAN K. MARKS
COUNTY COUNSEL ~__
By: ~_Ot( p -?
RONALD D. REITZ
Chief Deputy County Counsel
Date:
APPROVED AS TO FORM
AND LEGAL CONTENT
Date: .:2/.>.r/"i1
JAMES F: ptNMAN
C~
By:
VLL/LicAgree
01/22/91
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