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RESOLUTION NO.
83~H4
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AND AGREEMENT WITH CALIFORNIA STATE COLLEGE
3 SAN BERNARDINO FOR THE ERECTION OF A CONCRETE SIGN ON A PORTION OF
THE MEDIAN STRIP ON STATE COLLEGE PARKWAY.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City a
8 License and Agreement with California State College San
9 Bernardino for the erection of a concrete sign on a portion of the
10 median strip on State College Parkway, a copy of which is attached
11 hereto, marked Exhibit "A" and incorporated herein by reference as
12 fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15
Bernardino at a n adjourned reqular
meeting thereof, held
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on the 23rd day of
, 1983, by the following
Hay
17 vote, to wit:
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AYES:
Council Members Castaneda. Reillv. Hern~n~p7.
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Harks, Quiel, Hobbs, Strickler
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None
NAYS:
None
ABSENT:
~~/7!?/adA,
/ City Clerk
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of
May
, 1983.
The foregoing resolution is
day
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Approved as to form:
~ ~~t!P
City A torney
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1 LICENSE AND AGREEMENT
2 (State College Parkway)
3 THIS LICENSE AND AGREEMENT is made and entered into this
4 day of , 1983, by and between the CITY OF
5 SAN BERNARDINO, a municipal corporation, hereinafter referred to
6 as "City", and CALIFORNIA STATE COLLEGE SAN BERNARDINO,
7 hereinafter referred to as "Licensee".
8 City and Licensee agree as follows:
9 1. Recitals.
10 (A) Licensee has requested permission from City to erect
11 a concrete sign on a portion of the median strip on State College
12 Parkway, south of Kendall Drive, in the City of San Bernardino.
13 (B) City is willing to grant permission to Licensee for
14 the erection of the concrete sign in the public right-of-way upon
15 the conditions set forth in this License and Agreement.
16 2. License Granted. City grants permission to Licensee to
17 erect, in conformance with existing laws, on a certain portion of
18 the median strip on State College Parkway, north of Kendall Drive,
19 in the City of San Bernardino, California, as more particularly
20 delineated and shown on Exhibit "I", attached hereto and
21 incorporated herein by reference, a 4' x 10' concrete sign with
22 the words "Welcome to California State College San Bernardino", as
23 illustrated in the plans attached hereto, marked Exhibit "2" and
24 incorporated herein by reference. Said concrete sign may include
25 sleeves in the top of the sign for mounting small (about 14" x 6')
26 signs on a temporary basis, containing messages of community
27 interest. No alterations or changes in the drawing or, after
28 construction, in the sign itself, shall be made without first
EXH131T A
1 receiving City's approval. Licensee shall at all times maintain
2 said sign in good order and repair at such location and subject to
3 any requirements or conditions as may be imposed by the
4 Superintendent of the Building and Safety Department or the
5 Director of Public Works/City Engineer.
6 3. Relocation. In the event that City declares its
7 intention at any time to utilize said portion of real property
8 owned by City, or in the event City terminates this License and
9 Agreement, Licensee shall remove said sign in the manner required
10 by the City within 15 days after notice in writing by the City so
11 to do.
12 4. Relocation Expense. Any removal and/or relocation of
13 said sign pursuant to the requirements hereof shall be at the sole
14 cost and expense of Licensee and without any cost and expense
15 whatsoever to City. Licensee shall have no claim or cause of
16 action against City by reason of such removal and relocation.
17 5. No Consideration Required. No fee need be paid to City
18 as consideration for this license, Licensee being a public entity,
19 and having previously had a less permanent sign located in the sam
20 general area.
21 6. Title of Property. Licensee hereby acknowledges the
22 title and paramount interest of City to said right-of-way and
23 agrees never to assail or resist said title or interest.
24 7. Free of Liens. Licensee shall payor cause to be paid
25 all costs of erection of the concrete sign and shall keep the
26 property free and clear of any and all claims or liens arising out
27 of the performance of work or furnishing of materials for erection
28 of the concrete sign.
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8. Nonexclusive. This license does not grant exclusive use
of the median strip to Licensee. Licensee shall have the
privilege only of occupying such portion of said right-of-way as
herein designated, or as City shall from time to time hereafter
designate.
9. Indemnification. Licensee shall exercise Licensee's
privileges hereunder at Licensee's sole risk. Irrespective of any
negligence of City, Licensee shall indemnify City, its elective _
and appointive boards, commissions, officers, agents and employees
against and hold it harmless from any and all liability for
damages, costs, losses and expenses resulting from, arising out
of, or in any way connected with, the occupation or use of the
said right-of-way by Licensee, or from the failure on the part of
Licensee to perform fully all and singular Licensee's promises
herein. City shall not be liable to Licensee if for any reason
whatever Licensee's occupation or use of the said right-of-way
hereunder shall be hindered or disturbed.
10. Waiver. Waiver by City of any breach of any provision
of this license does not waive any subsequent breach of the same
or any other provision.
11. Assignment. Licensee's privileges hereunder shall not
be assignable by Licensee in whole or in part. In the event this
License is assigned, Licensee's rights hereunder shall immediately
terminate.
12. Termination. City reserves the right to terminate the
permission hereby given at any time by giving Licensee at least
fifteen (15) days' advance written notice of such termination,
except that City may, at its election, terminate said permission
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1 forthwith at any time if Licensee shall fail to comply with or
2 abide by each and all of the provisions hereof or keep all and
3 singular Licensee's promises herein.
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13. Notices. All notices herein required shall be in
5 writing and delivered in person or sent by certified mail, postage
6 prepaid, addressed as follows:
8
City of San Bernardino
Director of Public Works
300 North "D" Street
San Bernardino, CA 92418
California State College San
Bernardino
c/o Director of Plant
Operations
5500 State College Parkway
San Bernardino, CA 92407
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14. Condition of Property Upon Surrender. On revocation,
12 surrender or other termination of the permission hereby given,
13 Licensee shall quietly and peaceably surrender the portion of said
14 premises occupied by Licensee in as good condition as same were at
15 the time of Licensee's entry thereon, and remove its sign and
16 other things placed by Licensee on said premises, and if Licensee
17 shall fail to do so, City shall have the right to make such
18 removal at Licensee's expense, the amount of which expense
19 Licensee shall pay to City on demand, and, if City shall so elect,
20 it shall have the right to take possession of and appropriate to
21 itself without payment therefor any property of Licensee, or
22 anyone claiming under it, then remaining on said premises.
23
15. Term. The term of this License and Agreement shall be
24 for a period of twenty years, commencing July 1, 1983, and
25 terminating June 30, 2003. This license shall renew itself
26 thereafter from year to year unless either party notifies the
27 other of termination in writing at least 15 days before the
28 expiration of any such year.
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1 IN WITNESS WHEREOF, the parties hereto have executed this
2 License and Agreement on the date first hereinabove written.
3 CITY OF SAN BERNARDINO
ATTEST:
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By
5
Mayor
City Clerk
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9
CALIFORNIA STATE COLLEGE
SAN BERNARDINO
By
Ti tle
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Approved as to form:
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12
~~~
City ttorney
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