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Home My WebLink About1981-540 ~> ~ ~""';i::~5.~~~;~~,:i't>'.'-~C:~~: ~;;~~-~:~:'~: ,.>._;..' .' 28 ':~S",_..t~..;~~k'!;:'f,:;, ~ ~~ ...~_.~" .;..,',," -c' ",' ,_.:",~" ~'I." - , ." "-', 'J;'... 1 RESOLUTION NO. 81-540 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH VANIR DEVELOPMENT COMPANY RELATING TO THE CONSTRUCTION OF A BUILDING FACADE IN THE PUBLIC RIGHT-OF-WAY (OLD J.C. PENNEY BUILDING): AND REPEALING RESOLUTION NO. 81-295. 3 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The Mayor of the City of San Bernardino is hereby 8 authorized and directed to execute on behalf of said City a 9 License Agreement with Vanir Development Company relating to the ]0 construction of a building facade in the public right-of-way (old 11 J.C. Penney Building), a copy of which is attached hereto, marked 12 Exhibit "A" and incorporated herein by reference as fully as 13 though set forth at length. 14 SECTION 2. Resolution No. 81-295 is repealed. 15 I HEREBY CERTIFY that the foregoing resolution was duly 16 adopted by the Mayor and Common Council of the City of San 17 Bernardino at an adjourned regular meeting thereof, held 18 9th day of , 1981, by the following November on the 19 vote, to wit: 20 Council Members Castaneda, Reilly, Hernandez, AYES: 21 Botts, Hobbs, Strickler 22 NAYS: None 23 ABSENT: None 24 ~#$L!:?~ City Clerk 25 26 . . . . . . . . . . 27 . . . . . . . . . . . . . . . . . . . . .....<.. '~"'"l~'~'-:',:~'R'<f::::W~ '~~';.Y.'''2~:-::'?~~?'~f;'' ':;~:i<t:::::i.":.~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 i!,'N:.".;';:-,;,_ .-'-.',,~ ," ",-<, , _,'c,,*:.' ",'..: 'i, ".."'-':"i"""''---;''"" ~1-:----:~:2"S~:~-,';r';~~' ::;:~\"~'~;.~~~-:~~~;';.,y., ". ;~... The foregoing resolution is hereby approved this /~ day of 'rlw/...kJ I Approved as to form: , 1981. .~~r~ C~ty Attorney '":~":~~':"';;, ;,;~":~":~~7;'~::lJIJ1~ " ::'-~~:;;?f~~'j .~./:!!:_7.-:;'":"'-~:~:f,'~""'" ',.;::-;-, ,-,'- ~ ". '"..)""~:<'-' -."p~::;';.....'-,,''':-:...~.~.",. ".> ':'._;,--~" ',';'.'1--__:;_,,-..' (;'>~~~ .";'- .! c' I 1 LICENSE AGREEMENT 2 THIS LICENSE AGREEMENT is entered into this day of 3 , 1981, by and between the CITY OF SAN BERNARDINO, 4 a municipal corporation, referred to as "City", and H. Frank Dominguez, dba Vanir Research Company and David D. Miller & Denyse 5 .N.Miller,. husbandgnd wife, collectively referred to as called "Developer" .-l.. ~ 6 "Licensee". $" ~ ~ 7 City and Licensee agree as follows: 8 1. Recitals. 9 (a) Licensee has requested permission from City to 10 construct a facade on a building, which will project into the II public sidewalk area. 12 (b) City is willing to grant permission to Licensee for 13 the cOnstruction of the building facade in the public right-of-way 14 under the conditions set forth in this agreement. 15 2. License Granted. City grants to Licensee permission to 16 construct a building facade in the public sidewalk area on the 17 sout.h side of 5th Street., west of "E" Street, in the City of San 18 Bernardino. This permission is subject to any conditions imposed 19 by the City Engineer or the Superintendent of the Building and 20 Safety Department of City. 21 3. Construction. Licensee agrees to construct the building 22 facade in accordance with the attached drawing, marked Exhibit "I" 23 and incorporated in this agreement. No alt.erations or changes in 24 the drawing shall be made without first receiving City's approval. 25 4. Rules and Regulations. Licensee shall observe all rules, .. 26 regulations, ordinances and enactments of City and all applicable 27 statutes of the State of California in installing or maintaining 28 the building facade. ~, '. '.~ ; 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 :>::..:~c;.;-::-. .-;;:~,'?'7~'; "::<;,"""" ~'~"."'-~"-::-:-T.:~~~~~~"'!::;;:,~7C:-~;~"---,:" . ,', ,"'. ,~/. c"" '~,~" ;....; .:it; ,;t:-:'~ .:'~ \- :,;,,, 7-,'-:1i" ;~,.,,;,c, ~<_ '. '-~::i ,~ 5. Liability Insurance. Licensee agrees to procure and maintain in force during the term of this License Agreement and any extension, at its expense, pUblic liability insurance in companies and through brokers approved by City, adequate to protect against liability resulting from, arising out of, or in any way connected with, the construction of the building facade, the occupation or use of the public right-of-way by Licensee, or the employees, invitees, guests or agents of Licensee in a minimum amount of at least $500,000 combined single limit. Licensee shall provide to City a certificate of insurance and an additional insured endorsement which providesl (a) The City of San Bernardino as an additional insured. (b) The insurance company name, policy number, period of coverage and the amount of insurance. (c) That the City Clerk of the City of San Bernardino must be given notice in writing at least 30 days prior to cancellation, material change or refusal to renew the pOlicy. (d) That Licensee's insurance will be primary to any coverage the City of San Bernardino may have in effect. 6. Title of Property. Licensee acknowledges the title and aramount interest of City to the public right-of-way and agrees never to assail or resist City's title or interest. 7. Indemnification. Licensee shall exercise its privileges under this license at its own risk. Irrespective of any egligence of City, Licensee shall indemnify and hold harmless ity, its elective and appointive boards, commissions, officers,~ gents and employees from liability resulting from, arising out~ 2 e>.::~' "':'.~"J:"'~:::~~~;~~ L:'" .-:.;:;~~. .~~Y~;:'-;:~;r"'~::::""~:~~~a~~.~~::: -:~;:~,'i~~':';.~' ::-:>.'.'~:;;!'::':'?""f;"';'," ""-" ~~_; '.'''~ >....'~., ..., _ "', '. '>>""... >':':' , ,# 1 of, or in any way connected with, the construction of the building 2 facade, the occupation or use of the public right-of-way by 3 Licensee, or the employees, invitees, guests or agents of 4 Licensee, or Licensee's failure to perform its promises. Licensee 5 shall defend City, its elective and appointive boards, 6 commissions, officers, agents and employees from any suits or 7 actions at law or in equity for damages caused, or alleged to have 8 been caused, by reason of any of Licensee's operations under this 9 agreement. City shall not be liable to Licensee if Licensee's ]0 ,occupation or use of the property is hindered or disturbed. City 11 agrees not to hinder or disturb the Licensee's occupancy of the 12 property. 13 8. Waiver. Waiver by City of any breach. of any provision of 14 this license does not waive any subsequent breac~ of the same or 15 any other provision. 16 9. Notice. All notices relating to this agreement shall be ]7 in writing and delivered in person or sent by first class mail, ]9 City of San Bernardino Attnl Real Property ~ivision 300 North "0" Street San Bernardino, CA 92418 Denyse M. Miller H. Frank Dominguez 12 '" David D. Miller 'IY 290 North "0" Street San Bernardino, CA 92401 18 postage prepaid, addressed as followsl 20 21 22 10. Assignment. No assignment of this license by Licensee, 23 its successors, legal representatives or assigns, or any 24 subsequent assignee, shall be binding upon City without the 25 written consent of City in each instance. City shall not 26 unreasonably withhold its consent. 27 11. Amendment. This license may be amended or modified only 28 by written agreement signed by both parties ~ ~ 3 " ,.. ,iff(., <1'. ~c. ,;,. '" '" c , ,.""" '.' .. ,., "W'.'., '. , ~ ';";;:~;".'~_ c'",. .~,,","<.'.," ">"".._~. ." 1 12. Term. The term of this license shall be for a period of 2 50 years commencing on July 1, 1981. This license will renew 3 itself thereafter from year to year unless either party notifies 4 the other in writing of termination at least 15 days before the 5 expiration of any such year. 6 13. Consideration. Licensee shall pay to City the sum of 7 $500.00 as consideration for the issuance of this license. 8 14. Maintenance. Licensee agrees to maintain the building 9 facade which is the subject of this license in good repair at all 10 times. 11 15. Free of Liens. Licensee shall payor cause to be paid 12 all costs of construction of the building facade and shall keep 13 the property free and clear of any and all claims arising out of 14 the performance of work or furnishing of materials for 15 construction of the building facade. 16 16. Possessory Interest. Licensee recognizes and understands 17 that this license may create a possessory interest subject to 18 property taxation and that Licensee may be subject to the payment 19 of property taxes levied on such interest. Licensee agrees to and 20 shall hold harmless the City from any and all liability for any 21 such taxes. 22 IN WITNESS WHEREOF, the parties hereto have executed this 23 License Agreement on the date first above written. 24 CITY OF SAN BERNARDINO ATTEST: 25 By 26 Mayor l . .~... ';t' 1\iItvY V r City Clerk 27 28 ..... 4 " ~:~~~.",__:ft~~;,;;~v,!~_ .",;:i-~~.:~._,.- . . .t .< _.... "c. __.~,~:"',_ . ~,. ".:. ..i.. 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 Approved as to form: ~~etlP City At orney 7 8 9 ]0 11 12 J3 ]4 15 16 17 18 19 5 . - " . .' .... . . .. ';--'" ~ t.:, :::1 I I- I, t !' ~ "iO y "'" -I' ...iz: S- ...;'-\ -n ..;! IV"')> :':r ~:(\ l:~=\ t'!J. ",.... ~;~ ..,c ~'r ;: :2 I> z:. ~ ''1 \1\ -< {11 .- ~ "\) s: \'l z:: -\' () ~ ~, \l >- 'C. -< .\ ,j \ I ,I .' I \. ~ . .. . ) .:.'~.L,.,:~. ~- "1"" ~ .c-' :;;,0 "i""i ..1 . , '''G j". ~t""' ~>. ;'2 , ..'-:'. ." ....;.1 ~ " '''<D' 1. J':'~ '__'iA~~J=~=j--_..L_:~_:~~::~~~'~ " ,J. . . 1 ~ ! .... . ... 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