HomeMy WebLinkAbout1979-182
~,~.~~~:,-'m!~~';;~"I; < ~~~$:'j:W~...7::-i ,~;:~~~~~i4("., ._-'<.
RESOLUTION NO. 7 9'- / P ;!;l.,
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AND AGREEMENT WITH PEPPER KNOLLS, LTD.
RELATING TO THE ERECTION OF A DECORATIVE BLOCK WALL ON PEPPER
AVENUE.
Bg IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY I
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 and Agreement with Pepper Knolls, Ltd. relating to the
erection of a decorative block wall on Pepper Avenue, a copy
of which is attached hereto, marked Exhibit "A" and incorporated
herein by reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
on the
77lt
,
_ .-tZ.JhJ
day of 7Jl~
Councilmen ~Jk".L, "~~ ~-'
.~.~~ ..
s /71 ft...a-/
~fT.,/~g~ WJ~
meeting thereof, held
Bernardino at a
, 1979, by the following
vote, to wit:
AYES:
NAYS:
ABSENT:
The foregoing resolution is hereby
/~h~'ftf ~i/
s~
approved
/
/,,/
day
of
~
, 1979.
L"" ~,... D
Approved-j.s to form:
I//'~
/,/;~;1 '.' · -.)
( 'i ..
CJ.ty Atf.orney
to!. ,\\i r, .on-ill
:'::';'1 i .-~) ;:'>i ')
CiTY C;...i;~~;':S CFr;CL
6'(,,,,,,,.....,..,,,,,,,,,,.........,,,...,,,,,...... .. I)'.~l'rt
",-,_,,~:<'~-_'-_~c'-Pl{ '"",..~ ,-.;,~.;?!'ti>"':-i'
., "",,'
I
LICENSE AND AGREEMENT
2
(Decorative Block Wall - Pepper Avenue)
3
THIS LICENSE AND AGREEMENT is made and entered into this
4
I, -"
F~I
day of
,j ()t1-JC
, 1979, by and between the CITY OF
5 SAN BERNARDINO, a municipal corporation, hereinafter referred to
6 as "City", and PEPPER KNOLLS, LTD., a limited partnership, herein-
7 after referred to as "Licensee".
8
WIT N E SSE T H:
9 For and in consideration of the mutual promises and
10 covenants herein contained, the parties hereto agree as follows:
II
1. City hereby gives permission, revocable and terminable
12 as hereinafter provided, to Licensee to erect, in conformance
13 with existing laws on a certain portion of a City street right-
14 of-way adjoining the real property known as Lots 1, 12, 13, 21,
15 22 and 23 of Tract No. 10507, namely a portion of Pepper Avenue,
16 San Bernardino, California, a 6 foot high decorative block wall,
17 at such location and subject to any requirements or conditions
18 designated or imposed by the City Engineer, street Superintendent
19 and the Superintendent of the Building and Safety Department of
20 the City.
21
2. In the event that City declares its intention at any
22 time to widen Pepper Avenue, or in the event City terminates this
23 License or any variance that it may grant to Licensee, Licensee
24 will remove and relocate said decorative block wall to a position
25 to be designated by the Planning Director, and in the manner
26 required by the Planning Director, City Engineer, Street Superin-
27 tendent, and the Superintendent of the Building and Safety
28 Department of City within 15 days after notice in writing by
EXHIBIT "A"
,
~~
.;
the city.
3. Any removal and relocation of said decorative block
wall pursuant to the foregoing paragraph shall be at the sole
cost and expense of Licensee and without any cost and expense
whatsoever to the City, and Licensee shall have no claim or cause
of action against the City by .reason of such removal and reloca-
tion.
4. This permission is given to Licensee as an accommoda-
tion to Licensee and shall pe rent free.
5. Licensee hereby acknowledges the title and paramount
interest of City to the street (or to said property) and agrees
never to assail or resist said title or interest to, and to
observe present or "future set-back requirements relating thereto.
6. This permission is not exclusive to Licensee and
Licensee shall have the privilege hereunder only of occupying
such portion of said property as City shall from time to time
designate.
7. Licensee shall exercise Licensee's privileges here-
under at Licensee's own sole risk, and, irrespective of any
negligence of City, Licensee shall indemnify City 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 said property by Licen-
see, 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.
-2-
.
.:
1
8. City reserves the right to terminate the permission
2 hereby given at any time by giving Licensee at least fifteen (15)
3 days' written notice of such termination, except that City may,
4 at its election, terminate said permission forthwith at any time
5 if Licensee shall f~il to comply with or abide by each and all of
6 the provisions he~eof or keep all and singular Licensee's pro-
7 mises herein. Waiver by City of.any breach of any term or pro-
8 vision hereof shall not. be deemed a waiver of any subsequent
9 breach of the same or any other term or provision hereof.
10 9. Any notice to Licensee hereunder shall be sufficient
11 if served on Licensee'persol}ally, or posted on said premises,
12 and if so posted shall be deemed served on the date of posting,
13 or mailed to Licensee directed to his last known address, and if
14 so mailed shall be deemed served on the business day next follow-
15 ing the day of mailing.
16
10. On revocation, surrender or other termination of the
17 permission hereby given, Licensee shall quietly and peaceably
18 surrender the portion of said property occupied by Licensee in as
19 good condition as same was at the time of Licensee's entry there-
20 on hereunder and remove its decorative block wall and other things
21 placed by Licensee on said premises hereunder, and if Licensee
22 shall fail to do so City shall have the right to make such removal
23 at Licensee's expense, the amount Of which expense Licensee shall,
24 pay to City on demand, and, if City shall so elect, it shall have
25 the right to take possession of and appropriate to itself without
26 payment therefor any property of Licensee, or anyone claiming
27 under it, th~~ remaining on said premises.
28
. . . . .
-3-
.- ,
.
2
3
4
5
6
7
8 .
9
10
11
12
B
14
15
16
17
18
19
20
21
22
23
\..
24
25
26
27
28
29
11. In the event Licensee is two or more persons then
the obligations of Licensee shall be their joint and several
obligations and notice given or directed to one of them shall be
deemed notice to all.
12. Time is of the essence of the provisions hereof.
13. All the covenants and provisions of this instrument
shall be binding upon and inure to the benefit of the successors,
legal representatives and assigns of the parties to the same
extent and effect as the same are binding upon and inure to the
benefit of the parties hereto, but no assignment hereof by
~icens~e, its successors, legal representatives or assigns, or
any subsequent assignee, shall be binding upon City without the
written consent of City in each instance.
14. This License and Agreement may be amended or modified
only by written agreements signed by both parties.
15. The term of this License and Agreement shall be for
a period of five years cp~encing upon the execution of this Lice~ e
and Agreement. This License and Agreement will renew itself
thereafter from year to year unless either party notifies the
other of termination in writing at least 15 days before the
expiration of any such year.
16. Licensee agrees to maintain the decorative block wall
,
I
in good repair at all times, and to repair or reconstruct the wa11
if all or any portion of it is damaged or destroyed. Licnesee is ,
in the process of subdividing the property described in paragraph
1. Licensee agrees that when Licensee conveys title to the lots
adjoining the portion of Pepper Avenue on which the decorative
block wall is to be constructed, Licensee shall make such con-
veyances subject to recorded convenants, conditions and
.
-4-
. .
... l' . .
, .
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.--(,-..
restrictions requiring the purchasers and their heirs, assigns or
successors in interest to maintain the decorative block wall in
good repair at all times, and to repair or reconstruct the wall
if all or any portion of it is damaged or destroyed.
17. Licensee shall payor cause to be paid all costs of
,
construction of the' decorative block wall and shall keep the
property free and clear of any and all claims arising out of the
performance of work or fu~nishing of materials for said con-
s'truction.
IN WITNESS WHEREOF, the parties hereto have executed this
License and Agreement on the date first hereinabove written.
ATTEST:
,
CITY OF
~~af!/ ~/4I/
~ty C er
By
~ndsy Hub
President
BY~~~~~'
Secretary-Treasurer
Approved/as to form:
~'~
" ~,/?'~
C~ty At orney
-5-