HomeMy WebLinkAbout1979-222
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RESOLUTION NO. 79'-02 ~~
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AND AGREEMENT WITH W. J. E. CORPORATION
3 RELATING TO THE CONSTRUCTION OF A BLOCK WALL IN THE VICINITY OF
STERLING AVENUE SOUTH OF HIGHLAND AVENUE.
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BE IT RESOLVED BY THE MAYOR AND COt~10N COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
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a License and Agreement with W. J. E. Corporation relating to the
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construction of a block wall in the vicinity of Sterling Avenue
south of Highland Avenue, a copy of which is attached hereto,
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marked Exhibit "A" and incorporated herein by reference as fully
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adopted by the Mayor and Common Council of the City of San
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Bernardino at a
on the ..;7*- day of
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meeting thereof, held
, 1979, by the following
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councivnen ;:::J.4~j~ 'riJL"fA.:.' /rjA..di.~h.l:'~l/'
JiMfl<;r, lotd~'dk P.%.LId ",;/;1;", .id/ (/
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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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,4~??$ ~~d
/ CJ.ty Clerk
The foregoing resolution is hereby approved
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of ,~j~
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, 1979.
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LICENSE AND AGREEMENT
(Block Wall - Sterling Avenue)
THIS LICENSE AND AGREEMENT is made and entered into this
.M.day of C2tI_~.A'./ ,1979, by and between the CITY OF
SAN BERNARDINO, a municipal corporation, hereinafter referred to
as "City", and W. J. E. CORPORATION, a California corporation,
hereinafter referred to as "Licensee".
WIT N E SSE T H,
For and in consideration of the mutual promises and
covenants herein contained, the parties hereto agree as follows:
1. City hereby gives permission, revocable and terminable
as hereinafter provided, to Licensee to erect, in conformance
with existing laws on a certain portion of a City street right-
of-way adjoining the real property known as Lots 27, 28 and 29
of Tract No. 10353, namely a portion of Sterling Avenue, south
of Highland Avenue, San Bernardino, California, a 6 foot high
decorative block wall, at such location and subject to any require
ments or conditions designated or imposed by the City Engineer,
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 Sterling Avenue, or in the event City terminates
this License or any variance that it may grant to Licensee,
Licensee will remove and relocate said decorative block wall to a
position to be designated by the City Engineer, and in the manner
required by the City Engineer, Street Superintendent, and the
Superintendent of the Building and Safety Department of City
within 15 days after notice in writing by the City.
EXHIBIT "A"
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3. Any removal and relocation of said decorative block
2 wall pursuant to the foregoing paragraph shall be at the sole
3 cost and expense of Licensee and without any cost and expense
4 whatsoever to the City, and Licensee shall have no claim or cause
5 of action against the City by reason of such removal and reloca-
6 tion.
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4. This permission is given to Licensee as an accommoda-
8 tion to Licensee and shall be rent free.
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5. Licensee hereby acknowledges the title and paramount
10 interest of City to the street (or to said property) and agrees
II never to assail or resist said title or interest to, and to
[2 observe present or future set-back requirements relating thereto.
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6. This permission is not exclusive to Licensee and
14 Licensee shall have the privilege hereunder only of occupying
15 such portion of said property as City shall from time to time
16 designate.
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7. Licensee shall exercise Licensee's privileges here-
18 under at Licensee's own sole risk, and, irrespective of any
19 negligence of City, Licensee shall indemnify City against and hold
20 it harmless from any and all liability for damages, costs, losses
21 and expenses resulting from, arising out of, or in any way
22 connected with, the occupation or use of said property by Licen-
23 see, or the Licensees, invitees, or guests of Licensee, or the
24 failure on the part of Licensee to perform fully all and singular
25 Licensee's promises herein. City shall not be liable to Licensee
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if for any reason whatever Licensee's occupation or use o.f the
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said property hereunder shall be hindered or disturbed.
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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 fail to comply with or abide by each and all of
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6 th~ pro,visions hereof or keep all and singular Licensee's pro-
7 misesherein. 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.
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9. Any notice to Licensee hereunder shall be sufficient
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11 . if served on Licensee personally, 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.
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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, then remaining on said premises.
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11. In the event Licensee is two or more persons then the
2 obligations of Licensee shall be their joint and several obliga-
3 tions and notice given or directed to one of them shall be deemed
4 notice to all.
5 12. Time is of the essence of the provisions hereof.
6 13. All the covenants and provisions of this instrument
7 shall be binding upon and inure to the benefit of the successors,
8 legal representatives and assigns of the parties to the same
9 extent and effect as the same are binding upon and inure to the ..
10 benefit of the parties hereto, but no assignment hereof by
II Licensee, its successors, legal representatives or assigns, or
12 any subsequent assignee, shall be binding upon City without the
13 written consent of City in each instance.
14 14. This License and Agreement may be amended or modified
15 only by written agreements signed by both parties.
16 15. The term of this License and Agreement shall be for a
17 period of five years commencing upon the execution of this License
18 and Agreement. This License and Agreement will renew itself
19 thereafter from yea~ to year unless either party notifies the
20 other of termination in writing at least 15 days before the
21 expiration of any such year.
22 16. Licensee agrees to maintain the decorative block wall
23 in good repair at all times, and to repair or reconstruct the wall
24 if all or any portion of it is damaged or destroyed. Licensee is
25 in the process of subdividing the property described in paragraph
26 1. Licensee agrees that when Licensee conveys title to the lots
27 adjoining the portion of Sterling AV$nue on which the decorative
28 block wall is to be constructed, Licensee shall make such con-
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veyances subject to recorded covenants, conditions and
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 "I
performance of work or furnishing of materials for said con- I
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struction.
IN WITNESS WHEREOF, the parties hereto have executed this
License and Agreement on the date first hereinabove written.
ATTEST:
CITY OF
~Ab
crty Cler
W. J. E. CORPORATION
By .." ";!':~""( J
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By
App~. ~ form:
A;;)~jt:J
City Att rney
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