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Home My WebLink About13512 ,,~,;' ,'~, , ..;. ,.:':. ",~'i"'..,:""',,. ,i"'::"'~',;'~L ':::,~ ._:"'.,;" ',"f. i , "~ ,,;: " ,~:;.;.). , - 1 RESOLUTION NO. L':LV.? 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AND AGREEMENT AND FIRST AMENDMENT THERETO 3 WITH DONALD E. FOSS AND ~~RGARET R. FOSS, HUSBAND AND WIFE, RE- LATING TO THE MAINTENANCE OF A BASKETBALL POLE AND BASKET ON A 4 CERTAIN PORTION OF THE PUBLIC STREET RIGHT OF WAY IN FRONT OF 1794 SONORA AVENUE, SAN BERNARDINO, CALIFORNIA. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino is here- 8 by authorized and directed to execute on behalf of said City a 9 License and Agreement and First Amendment thereto with Donald E. 10 Foss and Margaret R. Foss, husband and wife, relating to the 11 maintenance of a basketball pole and basket on a certain portion 12 of the public street right of way in front of 1794 Sonora Avenue, 13 San Bernardino, California, copies of whichare attached hereto, 14 marked Exhibit "A" and incorporated herein by reference as fully 15 as though set forth at length. 16 I HEREBY CERTIFY that the foregoing resolution was duly 17 adopted by the Mayor and Common Council of the City of San Ber- 18 nardino at a ~;A day of h'1- ('#AA.) ~ meeting thereof, held on the 19 , 1978, by the following vote, to wit 22 NAYS: 'rII.,h~ _ 20 AYES: 21 23 ABSENT: 24 ,;~~~~~1 The foregoing resolution is hereby approved 27 of 'Jl~ j",j , 1978. ~'J 2' '1f'l da y 25 26 28 ~"' ~~ fJl'" ('J ."";W""A~.(~~/ ~ty A orney ~ . ~~~i':'.,,:, ?" .,'. . c. ,.",. '.'.... ';.".., . ..... '. c;< ". .,. .' .".,~ ",f:' t...~ " -~.;.. ~ . , 1 2 FIRST AMENDMENT TO LICENSE AND AGREEMENT (Basketball pole and basket) 3 THIS FIRST AMENDMENT TO ~(i., / LICENSE AND AGREEMENT day of 4~ is made and 4 entered into this , 1978, by and 5 between the CITY OF SAN BERNARDINO, a municipal corporation, 6 hereinafter referred to as "City", and DONALD E. FOSS AND MARGARET 7 R. FOSS, husband and wife, hereinafter referred to as "Licensee". 8 WIT N E SSE T H: 9 WHEREAS, City and Licensee entered into a License and Agree- ^' ment dated ;(!)i?I;'~~ / /t?'7r , whereby Licensee is per- mitted to maintain a basketball pole and basket on the public 10 11 12 street right of way in front of 1794 Sonora Avenue, San Bernardino 13 California; and 14 WHEREAS, City and Licensee now desire to amend said License 15 and Agreement; 16 NOW, THEREFORE, it is mutually agreed between the parties 17 as follows: 18 1. Section 7 of said License and Agreement is hereby amende 19 by adding thereto Section 7 1/2 to read as follows: 20 "7 1/2. Licensee hereby agrees to, and shall, hold City, 2] its elective and appointive boards, commissions, officers, agents 22 and employees, if any, harmless from any liability for damage or 23 claims for damage for personal injury, including death, as well 24 as from claims for property damage which may arise from Licensee's 25 operations under this License and Agreement, whether such opera- 26 tion be by Licensee or by anyone or more persons directly or 27 indirectly employed by or acting as agent for Licensee. Licensee 28 agrees to and shall defend City and its elective and appointive ~. "':J1-:g 'I'::;'-, ':. '""'~"'t'- , ,iJ.,.,'. "4'/' '.~-,- ,-1>' ....... 1 boards, commissions, officers, agents and employees, if any, from 2 any suits or actions at law or in equity for damages caused, or 3 alleged to have been caused, by reason of any of the aforesaid 4 operations. 5 Licensee shall at all times maintain the basketball pole and 6 basket so the same shall be open and clearly visible to pedestrian 7 and drivers of vehicles using the public street and sidewalk in 8 front of 1794 Sonora Avenue, San Bernardino, California." 9 2. All other terms, conditions and covenants of said 10 License and Agreement shall remain the same and be in full force 11 and effect. 12 IN WITNESS WHEREOF, the parties hereto have executed this 13 First Amendment to License and Agreement on the date first herein- 14 above wr i tten. 15 CITY OF SAN BERNARDINO Attest: 16 17 t<J?h-nA' /.U~ ~ff' 1"'t 'C~ty Clerk . . 18 19 20 21 22 23 24 25 26 27 28 LICENSEE By ~:-/if/~. -?Jl cctc;/L"'t,.{.c'jff' #~ j -2- . ,~A:':::."!,''-.-- - .;;...-""." ./< . day Ma~ar~t_~Fos~L_pusband, and wife, hereinaft.:!r sometimes refer red to as "Licensee". and the CITY OF SAN BERr;:ARDINO, a municipal corporation, her.einafter SOI1H~th.les referred to as "City". HITNESSETH: For and in consideration of the lllutual promises and covenants herein contained, the parties hereto do hereby agree as follows: 1. City hereby gives pe~iUission, revocable and terminable as hereinafter provided, to Licensee to maintain, in conformance with , existi.ng lm'ls on a certain portion of the public street right of way in front of 1794 SqDpra Avenue~o~_jn the City. of San B~rnard;no, California to "lit: SonC?ra Avenue, in front of the residence known as l794__SonQra Av~g, a'basketbal1 pole and basket. at such location and subject to any requirements or conditions as may be imposed by the Street Superintendent and the Superintendent of the Building and Safety Department of the City. 2. In the event that City declares its intention at any time to widen said portion of Sonora Avenue, , or i.n the event City terminates this License or any variance that it may grant to Licensee, Licensee will remove and relocate Raid basketball po~e am basket to a position to be designated by the Street Superintendent, and in the manner required by the Street Superintendent, and the Superintendent of the Building and Safety Depart~ent of the City within 15 days after notice in writing by the City so to do. 3. Any removal and relocation of saidJ::isketba~~.~~.<<:_andbaske1: pursu::tnt to the forE:eoing paragraph slw,ll be at thz sole cost and e~pense of Licensee and without any cost and expenac whatsoever to the City, Bnd Licensee shall h2ve no cla~ll or CRuse of action \ I <~"-....._~._--...,""-"""-'._-~:-" I I against the City by reason o[ such removal and relocation. 4. This permission is given to Licensee as an accommodation to Licensee and shall be rent free. 5. Licensee hereby acli.ledg'~s the title and pa.ramount interest of City to the street (or tG sai~ property) and agrees ,,;ever to assail or resist said title or interest and to observe pre~2nt or future set-back r ,uirernents relating theretoo 6. This permission is not exclusive to Licensee and Licen- see sl:all have the privilege hereunder only of occupying such portion of said property as City shall from time to time desig:l.2te. 7. Licensee shall exercise Licensee's privileges hereunder at Licensee's own sole risk, and, irrespective of any negligence of City, Licensee shall indemnify City against and hold it harm- less for 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 said property by Licensee, or the Licensees, invitees, or guests of Licensee, or 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 property hereunder shall be hindered or disturbed. 8. Licensee's privileges hereunder shall not be assignable by Licensee in whole or in part. 9. City reserves the right to terminate the permission hereby given at any time by giving Licensee at least fifteen (15) days' 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 all and singular 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. 10. Any notice to Licensee hereunder shall be sufficient if served on Licensee personally, or posted on said premises, and -2- ~.-._----.,' .....,......_-~"""''-,~.._'.......'--,._- --~~--- -...-...-, ,."'"' /' -_......~-_. .--- ;/ --.~ if so posted shall be deemed served on the date of posting, or mailed to Licensee directed to his last known address, and if so mailed in the State of California shall be deemed served on the business day next following the day of mailing. 11. On revocation, surrender or other termination of the pennission hereby given, Licensee shall quietly and peaceably surrender the portion of said property occupied by Licensee in as good condition as same was at the time of Licensee's entry thereon hereunder and remove its basketball Dole andbask~t and other things placed by Licensee on said premises hereunder, and if Licensee shall fail to do so City shall have the right to make such removal at Licensee's expense, the amount of which expense Licensee shall pay to City on demand, and,. if City shall so elect, it shall have the right to take possession of and appropriate to itself without payment therefor any property of ~icensee, or anyone claiming under it, then remaining on said premises. 12. In the event Licensee is two or more persons then the obligations of Licensee shall be their joint and several obliga- tions and notice given or directed to one of them shall be deemed notice to all. 13. Time is of the essence of the provisions hereof. 14. This License and Agreement shall terminate five (5) years from the date of the execution hereof unless sooner termi- nated by City. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first hereinabove written. Attest: -tt:/~j(~ ~1/ +t C ty C er LICENSEE' ~i'.-\.' .',. Approved ~orm this 97taay 0 ~. l%7f. ~..,~/~- CityVAt~ /(" By ~LI./~// / ~ ~}7? tC1faw----;P ih oA.x1