HomeMy WebLinkAbout1981-548
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RESOLUTION NO.
81-548
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT WITH JOYCE MARTIN RELATING TO THE
CONSTRUCTION OF A MASONRY WALL AT 2925 NORTH "G" STREET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0
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 Agreement with Joyce Martin relating to the construction
of a masonry wall at 2925 North "G" Street, San Bernardino,
California, 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
Bernardino at a
meeting thereof, held
regular
on the 16th
day of
, 1981, by the following
November
vote, to wit:
AYES:
Council Members Castaneda, Reilly, Hernandez,
Botts, Strickler
NAYS:
None
ABSENT:
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/ CJ.ty er
The foregoing resolution is
/671: day
of
, 1981.
Nnvp.:mber
Approved as to form:
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1
LICENSE AND AGREEMENT
2
(Masonry Wall - 2925 North "G" Street)
3 THIS LICENSE AND AGREEMENT is made and entered into this
4 day of ~~..4.f tI , 1981, by and between the CITY OF
5 SAN BERNARDINO, a municipal corporation, referred to as "City",
6 and JOYCE MARTIN, an individual, referred to as "Licensee".
7 The parties agree as follows:
8
1. Licensee has requested permission to construct a masonry
9 wall on a portion of City right-of-way described below, to provide
10 extra separation for her property from that of Faith Bible Church.
2. City gives permission to Licensee to erect, in
12 conformance with existing laws, on a certain portion of a City
J3 street right-of-way adjoining the real property known as 2925
14 North "G" Street, San Bernardino, California, a three foot high
J5 masonry wall to be extended into the street right-of-way to the
J6 back edge of the sidewalk. This permission is subject to any
J7 conditions imposed by the City Engineer, Superintendent of Public
J8 Services or the Superintendent of the Building and Safety
J9 Department of the City. The exact location of the wall shall be
20 designated by the City Engineer.
21
3. If City declares its intention at any time to widen "GH
22 Street, or if City terminates this License, Licensee will remove
23 and relocate the wall to a position to be designated by the City
24 Engineer, and in the manner required by the City Engineer,
25 Superintendent of Public Services and the Superintendent of the
26 Building and Safety Department of City within 15 days after notice
27 in writing by the City.
28
4. Removal and relocation of the wall pursuant to paragraph
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1 3 shall be at the sole cost and expense of Licensee and without
2 any cost and expense whatsoever to the City. Licensee shall have
3 no claim or cause of action against the City by reason of such
4 removal and relocation.
5
5. This permission is given to Licensee as an accommodation
6 to Licensee and shall be rent free.
7
6. Licensee hereby acknowledges the title and paramount
8 interest of City to the street right-of-way and agrees never to
9 assail or resist said title or interest, and, except for
10 construction of the wall, to observe present or future set-back
II requirements relating to her property.
12
7. This permission is not exclusive to Licensee. Licensee
13 shall have the privilege only of occupying such portion of the
14 street right-of-way as City shall from time to time designate.
15 8. Licensee shall exercise her privileges hereunder at her
16 own risk. Irrespective of any negligence of City, Licensee shall
17 indemnify City against and hold it harmless from liability
18 resulting from, arising out of, or in any way connected with, the
19 occupation or use of the street right-of-way by Licensee, or the
20 invitees or guests of Licensee, or Licensee's failure to perform
21 her promises. City shall not be liable to Licensee if Licensee's
22 occupation or use of the property is hindered or disturbed.
23
9. City may terminate this License at any time by giving
24 Licensee at least 15 days' written notice of termination. waiver
25 by City of any breach of any provision of this License does not
26 waive any subsequent breach of the same or any other provision.
10. Notice to Licensee shall be sufficient if served on
27
28 Licensee personally, or posted on the premises, or mailed to
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1 Licensee at her last known address. If notice is posted it shall
2 be deemed served on the date of posting. If notice is mailed, it
3 shall be deemed served on the business day next following the day
4 of mailing.
5 11. On termination of this License, Licensee shall surrender
6 the portion of said property occupied by Licensee in as good
7 condition as same was at the time of Licensee's entry, and shall
8 remove the wall. If Licensee shall fail to do so City shall have
9 the right to remove the wall at Licensee's expense. Licensee
10 shall pay the amount of the expense to City on demand. City may
11 elect to take possession of and appropriate to itself without
12 payment any property of Licensee, or anyone claiming under
13 Licensee, which Licensee fails to remove after notice.
14 12. No assignment of this license by Licensee, her
15 successors, legal representatives or assigns, or any subsequent
16 assignee, shall be binding upon City without the written consent
17 of City in each instance.
18 13. This License and Agreement may be amended or modified
19 only by written agreement signed by both parties.
20 14. The term of this License and Agreement shall be for a
21 period of ten years commencing upon the execution of this License
22 and Agreement. This License and Agreement will renew itself
23 thereafter from year to year unless either party notifies the
24 other of termination in writing at least 15 days before the
25 expiration of any such year.
26 15. Licensee agrees to maintain the wall in good repair at
27 all times.
28 16. Licensee shall pay Or cause to be paid all costs of
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construction of the masonry wall and shall keep the property free
and clear of any and all claims arising out of the performance of
work or furnishing of materials for construction of the wall.
Further, Licensee shall have the masonry wall constructed in a
style and of materials substantially similar to the existing
masonry wall being extended.
17. Licensee covenants during the term of this License to
pay, when due, all taxes and assessments that may be assessed or
imposed upon the Licensee's possessory interest in and to the
premises and on personal property that is located on the premises.
Licensee agrees to indemnify and pay all sums due hereunder
forthwith upon demand therefor by City.
IN WITNESS WHEREOF, the parties have executed this License
and Agreement on the date first above written.
CITY OF
ATTEST:
JOYCE MARTIN
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pproved as to form:
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