HomeMy WebLinkAbout1979-183
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RESOLUTION NO. 7 f - 1 p .f3.
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT WITH PUBLIC SERVICE COMMUNICATION
3 RELATING TO THE PLACEMENT OF A BICYCLE RACK AT 1398 HIGHLAND AVENU
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4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute on behalf of said City
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a License Agreement with Public Service Communications relating
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, to the placement of a bicycle rack at 1398 Highland Avenue, a
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,! copy of which is attached hereto, marked Exhibit "A" and incor-
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porated herein by reference as fully as though set forth at
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length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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day of ~ ' 1979, by the following
Councilmen ~/utJhF~-J. ~
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Bernardino at a
meeting thereof, held
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on the
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vote, to wit:
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AYES:
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NAYS:
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ABSENT:
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Bernardino ,
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The foregoing resolution is
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Appro,~~,:!~: /
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Assistant CitYAtto~y
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of
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LICENSE AGREEMENT
2 (Bicycle Racks)
3 THIS LICENpE AGREEMENT is made and entered into this.
4 /SJk day of\,.J;;~ ' 1979, by and between the CITY OF
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5 SAN BERN~INO,/a municipal corporation, hereinafter referred to
6 as "City", and PUBLIC SERVICE COMMUNICATIONS, a California
7 corporation, hereinafter referred to as "Licensee".
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WIT N E SSE T H:
9 For and in consideration of the mutual promises and
10 covenants herein contained, the parties agree as follows:
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.1. City hereby gives permission, revocable and terminable
12 as hereinafter provided, to Licensee to maintain, in conformance
13 with existing laws on a certain portion of the public right of
14 way, to wit: facing onto Highland Avenue west of Mountain Avenue
15 against frontage wall 3 feet west of walkway, commonly known as
16 1398 Highland Avenue, in the City of San Bernardino, as designated
17 on Exhibit "I" attached hereto and incorporated herein by
18 reference, a bicycle rack at such location and subject to any
19 requirements or conditions as may be imposed by City.
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2. In the event that City declares its intention at any
21 time to widen or use said public right of way, or in the event
22 that City determines it is neces$ary or convenient that such
23 bicycle rack be relocated, Licensee will remove and relocate said
24 bicycle rack to a position and in the manner designated by City
25 within thirty (30) days after notice in writing by the City so to
26 do.
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3. An'j removal and relocation of said Qicycle rack pur-
28 suant to the foregoing paragraph shall be at the sole cost and
EXHIBIT "A"
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1 expense of Licensee and without any cost and expense whatsoever
2 to City, and Licensee shall have no claim or cause of action
3 against the City by reason of such removal and relocation.
4 4. Use of said pUblic right of way is granted to Licensee
5 in orde.r t.o provide a bicycle rack for the use and benefit of the
6 . general public, without charge for such use. Incidental to such
7 use, Licensee may place advertising material on panels located on
8 the bicycle racks., . Any agreement entered into by Licensee relat-
9 ing:to such advertising material shall be subject to the provi-
10 sions of this license, and shall so state.
11 5. Licensee hereby acknowledges the title and paramount
12 interest of City to the premises which are the subject of this
\3 License Agreement, and agrees never to assail or resist said
14 ti tIe or interest.
15 6. This permission is not exclusive to Licensee and
16 Licensee shall have the privilege hereunder only of occupying
17 such portion of said property as City shall from time to time
18 designate.
19 7. Licensee shall exercise Licensee's privileges hereunder
20 at Licensee's own sole risk, and, irrespective of any negligence
21 of City, Licensee shall indemnify City against and hold it harm-
22 less from any and all liability for damages, costs, losses and
23 expenses resulting from, arising out of, or in any way connected
24 with, the occupation or use of said property by Licensee, or the
25 licensees, invitees, or guests of Licensee, or the use of the
26 bicycle rack by any person or persons, or the failure on the
27 part of Licensee to perform fully all and singular Licensee's
28 promises herein. City shall not be liable to Licensee if for
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I any reason whatever Licensee's occupation or use of the said
2 property hereunder shall be hindered or disturbed.
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8. Licensee shall obtain all permits or licenses required
4 by City, and shall abide by all applicable state and local laws.
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9. Licensee's privileges hereunder shall not be assign-
6 able by Licensee in whole or in part, except that Licensee may
7 enter into agreements, subject to this license, relating to the
8 placing of 4dvertising material on the bicycle racks, and
9 Licensee shall permit any person to place a bicycle in the bicycle
lO"rack, without cp4rge.
I r 10,. Licensee agrees to procure and maintain in force dur-
12 ing the term of'this license and any extension thereof, at its
13 expense, public liability insurance in companies and through
14 brokers approved by City, adequate to protect against liability
15 for damage claims through public use of or arising out of
16 accidents occurring in or around the aforesaid premises, in a
17 minimum amount of one hundred thousand dollars ($100,000.00) for
18 each person injured, three hundred thousand dollars ($300,000.00)
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for property damage.
and twenty-five thousand dollars ($25,000.00
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Such insurance policies shall provide
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for anyone accident,
21 coverage for City's contingent liability on such claims or losses.
22 City shall be named as an additional insured. A certificate of
23 insurance shall be delivered to City. Licensee agrees to obtain
24 a written obligation from the insurers to notify City in writing
25 at least thirty (30) days prior to cancellation or refusal to
26 renew any such policies. Licensee agrees that, if such insurance
. 27 pOlicies are not kept in force during the entire term of this
28 license and any extension thereof, City may procure the necessary
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1 insurance, pay the premium therefor, and that such premium shall
2 be repaid to City.
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11. City reserves the right to terminate the permission
4 hereby given at any time by giving Licensee at least thirty (30)
5 days' written notice of such termination, except that City may,
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at its option, terminate said permission forthwith at any time
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7 if Licensee shall fail to comply with or abide by each and all of
8 the provisions hereof or keep all and singular Licensee's promises
9 herein. Waiver by City of any breach of any term or provision
10 hereof shall not be deemed a waiver of any subsequent breach of
II the same or any other term or provision hereof.
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12. All notices herein required shall be in writing and
13 delivered in person or sent by first class mail, postage prepaid,
14 addressed as follows:
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"Ci ty"
"Licensee"
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City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Public Service Communication,
14724 Ventura Boulevard
Sherman Oaks, CA
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13. On revocation, surrender or other termination of the
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permission hereby given, Licensee shall quietly and peaceably
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surrender the portion of said property occupied by Licensee in as
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good condition as same was at the time of Licensee's entry there- ,
on and remove its bicycle rack and other things placed by
Licensee on said premises hereunder; 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
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therefor any property of Licensee, or anyone claiming under it,
2 then remaining on said premises.
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14. This License Agreement may be amend~d or modified
4 only by written agreements signed by both parties.
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15. Time is of the essence of the provisions hereof.
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16. This License Agreement shall be effective May 7,
7 , 1979, and shall terminate five (5) years thereafter,
8 unle~s sOQner terminated by City.
9 IN WITNESS WHEREOF, the parties hereto have executed this
10 License Ag~eement on the date first hereinabove written.
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CITY OF SAN BERNARDINO~7
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VACANT
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LOCNi'ION NO. 15
Der Weinerschnitzel,
____ 1398 Highland Ave.,
//_______ ~ San Bernardino.
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Des(:c'intion
Facing onto Highland Avenue west of f'Io\1':1tain Avenue.
Unit is placed asainst frontage wall 3 ft. west of walkway.
Placement leaves 6 ft. 3 ins. of unobstructed sidewalk space.
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EXHIBIT "I"
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