HomeMy WebLinkAbout1991-081
1
RESOLUTION NO. 91-81
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT WITH FULLERTON BUILDING, INC.,
3 RELATING TO INGRESS AND EGRESS THROUGH PARKING DISTRICT LOT NO.
3.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1.
The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 a License Agreement with Fullerton Building, Inc., relating to
9 ingress and egress through Parking District Lot No.3, a copy of
10 which is attached hereto, marked Exhibit "A" and incorporated
11 herein by reference as fully as though set forth at length.
12
SECTION 2.
The agreement shall not take effect until
13 fully signed and executed by all parties. The City shall not be
14 obligated hereunder unless and until the agreement is fully
15 executed and no oral agreement relating thereto shall be implied
16 or authorized.
17
SECTION 3.
The authorization to execute the above-
18 referenced agreement is rescinded if the parties to the agreement
19 fail to execute it within sixty ( 60) days of the passage of this
20 resolution.
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2-07-91
GRK:rs
RESO: . AUTijORIZING EXECUTION OF LICENSE AGREEMENT WITM
FULLERTON BUILDING, INC. RELATING TO INGRESS AND EGRESS
THROUGH PARKING DISTRICT LOT NO.3.
1
2
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by
the
Mayor and
adjourned
a n regular
Council
Common
of
the
Ci ty of
San
3
4 11th day of
5
6
7
8
Bernardino
at
meeting
thereof,
held
on
the
1991, by the following vote,
to-wit:
March
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
x
REILLY
x
FLORES
x
9 MAUDSLEY
x
10 MINOR
x
11 POPE-LUDLAM
x
12 MILLER
x
13
14
15
16
17
18
19
~'
~~-LL t1~
'~ City Cler
The foregoing resolution is hereby approved
this 13th
//
/ '
day of
, 1991.
Harch
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~ . / ./ /7
// '/ /7/l '
~ / ~I///; , ~-
. r. H lcomb, Mayor
Ci ty 'of an Bernardino
4
/
Approved as to form
20 and legal content:
21
22
23~
24
James F. Penman
City Attorney
25
26
27
28
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8.-,,,. '11- 'l. I
LICENSE AGREEMENT
(For Ingress amd Egress)
April
This agreement is made this 5th day of .JaRI1~i", 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 for
ingress and egress over and through Parking District Lot No. 3
for the benefit and use of Licensee and its tenant SANBAG.
NOW, THEREFORE, it is agreed as follows:
1. Licensor grants to Licensee for its use and the use
of its tenant SANBAG a license for ingress and egress over and
through Parking District Lot No. 3 as indicated in Exhibit "A"
which is attached hereto and incorporated herein by reference.
2. This license agreement shall be effective for a
period of (5) five years commencing April 5 , 1991, and
terminating on April 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. Licensee shall provide, at its own expense,
necessary modifications which are required to provide the desired
ingress and egress. Any such modifications shall be done
according to standards satisfactory to the Public Works
Department of Licensor.
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 lor 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 SAN BERNARDI
Secretary
(Title)
"/"
Dated:
March 26, 1991
ATTEST:
M~~k~
Dated: ~" 2, /'l 1 /
APPROVED AS TO FORM
71'~/'1f
ALAN K. MARKS
COUNTYJ10UNS~L _
By: ~p,,~~
RONALD D. REITZ
Chief Deputy County Counsel
Date:
APPROVED AS TO FORM
AND LEGAL CONTENT
Date: .:Jhl/'II
JAMES F. PENMAN
c~
By: .!4c.J
VLL/LicAgree2
01/22/91
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