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1
RESOLUTION NO. /cS.:?/()
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A SECOND AMENDMENT TO LICENSE WITH JENNIE ANDRADE
3 RELATING TO A TWO YEAR EXTENSION FOR THE CONCESSION RIGHTS AT
NUNEZ PARK.
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 Second Amendment to License with Jennie Andrade relating to a
9 two year extension for the concession rights at Nunez Park, a
10 copy of which is attached hereto, marked Exhibit "A" and incor-
11 porated herein by reference as fully as though set forth at
12 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
Of~
corm:r~if~~1~
~
Bernardino at a
on the !o. fr day
meeting thereof, held
16
, 1978, by the following
17
vote, to wit:
18
AYES:
19
NAYS:
ABSENT:
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The foregoing resolution
of 12f~)
Af___,?/?/ ~t~~ ~ r'r
/ ~ty C e
is hereby approved this ~day
~Pw~
ki torney
, 1978.
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1
SECOND AMENDMENT TO LICENSE
2
(Nunez Park Concession Stand)
3
THIS SECOND AMENDMENT TO LICENSE is made and entered into
this .-;;;tJiI- day of '--;Jtf'~ , 1978, by and between the
5 CITY OF SAN BERNARDINO, a municipal corporation, hereinafter
4
6 called "City", and JENNIE ANDRADE, an individual, hereinafter
7 called "Licensee".
8
WIT N E SSE T H:
9 WHEREAS, City and Licensee entered into a License on
10 September 14, 1976, and a First Amendment to License on October 19
II 1977, whereby City granted to Licensee the use of the Nunez Park
12 Concession Stand situated in Nunez Park, 1700 West Fifth Street,
13 San Bernardino, California; and
14 WHEREAS, the License expires on September 13, 1978; and
15 HHEREAS, City and Licensee desire to amend the License
16 to provide for an additional two year term, and in other partic-
17 ulars as herein set forth,
18 NOW, THEREFORE, it is mutually agreed between the parties
19 as follows:
20
1. Section 1 of the License is hereby amended to read
21 as follows:
22
"1. TERM. The term of this License is for four years
23 beginning September 14, 1976, and ending September 13, 1980
24 (unless earlier terminated pursuant to this license)."
2. Section 5 of the License is hereby deleted.
25
26
3. section 8 of the License is hereby amended to read
27
as follows:
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"8. LIABILITY: Licensee agrees to procure and maintain
EXHIBIT "A"
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in force during the term of this license, and any extension
thereof, at its expense, public liability insurance in companies
and through brokers approved by City, adequate to protect against
liability for damage claims through public use of or arising out
of accidents occurring in or around the premises which are the
subject of this license, in a minimum amount of One Hundred
Thousand Dollars ($100,000.00) for each person injured, Three
Hundred Thousand Dollars ($300,000.00) for anyone accident, and
Twenty-five Thousand Dollars ($25,000.00) for property damage.
Such insurance policies shall provide coverage for City's con-
tingent liability on such claims or losses. A certificate of
insurance shall be delivered to City. Licensee agrees to obtain
a written obligation from the insurers to notify City in writing
at least thirty (30) days prior to cancellation or refusal to
renew any such policies. Licensee agrees that, if such insurance
policies are not kept in force during the entire term of this
license and any extensions thereof, City may procure the necessary
insurance, pay the premium therefor, and that such premium shall
be repaid to City.
Licensee hereby agrees to, and shall, hold City, its
elective and appointive boards, commissions, officers, agents
and employees harmless from any liability for damage or claims
for damage for personal injury, including death, as well as from
claims for property damage which may arise from Licensee's
operations under this license, whether such operations be by
Licensee or by anyone or more persons directly or indirectly
employed by or acting as agent for Licensee. Licensee agrees to
and shall defend City and its elective and appointive boards,
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.
. .
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1 commissions, officers, agents and employees from any suits or
2 actions at law or in equity for damages caused, or alleged to
3 have been caused, by reason of any of Licensee's operations
4 hereunder."
5
4. All other terms, conditions and covenants of said
6 License shall remain the same and be in full force and effect.
7 IN WITNESS WHEREOF, the parties hereto have executed this
8 Second Amendment to License on the date first hereinabove written.
9 CITY OF
ATTEST:
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~//A/?/ /.%~ ~/d/d_~
tJ.ty Clerk (/ '-r-;r
By
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"LICENSEE"
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By ,i,4"'<JA./~
{J
au~
Jennie Andrade
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