HomeMy WebLinkAbout1982-095I RESOLUTION NO. 22--95
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT WITH COMMERCE DEVELOPMENT
3 ASSOCIATES RELATING TO THE ENCROACHMENT OF COLUMNS FOR THE
REMODELED ANDRESON (PIONEER) BUILDING UP TO 16 INCHES INTO THE
4 RIGHT-OF-WAY ON "E" STREET AND INTO THE CENTRAL CITY MALL
COURTYARD.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3AN 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 Commerce Development Associates relating
to the encroachment of columns for the remodeled Andreson (Pioneer)
building up to 16 inches into the right-of-way on "E" Street and
into the Central City Mall courtyard, 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 regular meeting thereof, held
on the 1st day of March 1982, by the following
lq vote, to wit:
20 AYES:
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f`t1mlin
ABSENT:
Council Members Castaneda Reilly, Hernandez,
Botts, Quiel, Hobbs
None
Council Member ^trickles
The foregoing resolution is
of March , 1982. /
ity
as to form:
0
City Clerk
day
San awenardino
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LICENSE AGREEMENT
(Andreson Building)
THIS LICENSE AGREEMENT is entered into this day of
, 1982, by and between the CITY OF SAN BERNARDINO,
municipal corporation, referred to as "City", and COMMERCE
VELOPMENT ASSOCIATES, a California general partnership, referred
to as "Licensee"
City and Licensee agree as follows:
1. Recitals.
(a) Licensee has requested permission from City to
construct columns for the remodeled Andreson (Pioneer) Building to
encroach up to 16 inches into the right-of-way on "E" Street and
into the Central City Mall Courtyard.
(b) City is willing to grant permission to Licensee for
the construction of the columns in the public right-of-way and in
the courtyard, to the extent to which such permission may be given
by City, upon the conditions set forth in this agreement.
2. License Granted. City grants to Licensee permission to
construct column bases encroaching 16 inches into the easement on
"E" Street, and the pedestrian courtyard entrance into Central
City Mall, in the City of San Bernardino. This permission is
subject to any conditions imposed by the City Engineer or the
Superintendent of the Building and Safety Department of City.
3. Construction. Licensee agrees to construct the columns
in accordance with drawings on file in the office of the Director
of Public Works/City .Engineer. No alterations or changes in the
drawing shall be made without first receiving City's approval.
4. Rules and Regulations. Licensee shall observe all rules,
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regulations, ordinances and enactments of City and all applicable
statutes of the State of California in installing or maintaining
the columns.
5. Relocation. Should City ever require the revision or
removal of the columns for the purpose of a street widening or
ether public improvement, or for the installation or relocation of
public utility facilities, Licensee agrees to revise or remove the
columns at its own cost and expense and as directed by City.
6. 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 columns, 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 provides:
(a) The City of San Bernardino is an additional insured.
(b) The insurance company name, policy number, period of
overage and the amount of insurance.
(c) That the City Clerk of the City of San Bernardino
ust 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
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the City
of
San
Bernardino may have in effect.
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I�Coverage
7.
Title of
Property.
Licensee acknowledges the title and
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interest of
City
to the public
right-of-way
and to
the
(paramount
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courtyard,
and agrees
never
to assail or
resist City's
title
or
3 interest.
4 8. Indemnification. Licensee shall exercise its privileges
5 under this license at its own risk. Irrespective of any
6 negligence of City, Licensee shall indemnify and hold harmless
7 City, its elective and appointive boards, commissions, officers,
8 agents and employees from liability resulting from, arising out
9 of, or in any way connected with, the construction of the columns,
10 the occupation or use of the public right-of-way and courtyard
11 area by Licensee, or the employees, invitees, guests or agents of
12 Licensee, or Licensee's failure to perform its promises. Licensee
13 shall defend City, its elective and appointive boards,
14 commissions, officers, agents and employees from any suits or
15 actions at law or in equity for damages caused, or alleged to have
16 been caused, by reason of any of Licensee's operations under this
17 agreement. City shall not be liable to Licensee if Licensee's
18 occupation or use of the property is hindered or disturbed.
19 9. Waiver. Waiver by City of any breach of any provision of
20 this license does not waive any subsequent breach of the same or
21 [ostage
ny other provision.
22 10. Notice. All notices relating to this agreement shall be
23 n writing and delivered in person or sent by certified mail,
24 prepaid, addressed as follows:
25 City of San Bernardino Commerce Development Associates.
Attn: Real Property Div. c/o P. O. Box 92959
26 300 North "D" Street Los Angeles, CA 90009
San Bernardino, CA 92418
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28 11. Assignment. No assignment of this license by Licensee,
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its successors, legal representatives or assigns, or any
subsequent assignee, shall be binding upon City without the
written consent of City in each instance. City shall not
unreasonably withhold its consent.
12. Amendment. This license may be amended or modified only
by written agreement signed by both parties.
13. Term. The term of this license shall be for a period of
50 years commencing on March 1 1982. This license will renew
itself thereafter from year to year unless either party notifies
the other in writing of termination at least 15 days before the
11 Ilexpiration of any such year.
12 14. Consideration. Licensee shall pay to City the sum of
13 $1,000.00 as consideration for the issuance of this license.
14 15. Maintenance. Licensee agrees to maintain the columns
15 which are the subject of this license in good repair at all times.
16 16. Free of Liens. Licensee shall pay or cause to be paid
17 all costs of construction of the columns and shall keep the
18 property free and clear of any and all claims arising out of the
19 performance of work or furnishing of materials for construction of
20 11the columns.
21 17. Possessory Interest. Licensee recognizes and
22 understands that this license may create a possessory interest
23 subject to property taxation and that Licensee may be subject to
24 the payment of property taxes levied on such interest. Licensee
25 agrees to and shall hold harmless the City from any and all
26 Illiability for any such taxes.
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18.
Conflict with Central City Mall.
City does
not warrant
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II or make
any representation concerning its
full control
over the
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I Central City Mall courtyard. City is lessee of such property by
2 lease from the Redevelopment Agency of the City of San Bernardino;
3 in addition, City is a signatory with numerous other parties to a
4 reciprocal easement agreement, covering the Central City Mall.
5 The existence of each of these documents is called to the
6 attention of Licensee. Each is a public record, duly recorded.
7 In the event any other party to either the lease or the agreement
8 claims or has any rights to or control over or interest in the
9 portion of the courtyard covered by this license, Licensee shall
10 hold City, its officers, agents and employees, and its
11 Redevelopment Agency, harmless from any claims, demands, suits or
12 judgments arising from Licensee's occupancy of the portion of the
13 courtyard under this license, or for interruption thereof. In the
14 event this license, or any portion thereof, should be determined
15t be void, illegal or improper, for any reason whatever, or
16 Licensee's rights thereunder are set aside through court action or
17 otherwise, Licensee shall have no recourse against City, its
Ig officers, agents and employees.
19 IN WITNESS WHEREOF, the parties hereto have executed this
20 icense Agreement on the date first above written.
21 CITY OF SAN BERNARDINO
ATTEST:
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By
23 Mayor
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Approved as to form:
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Ifity Attorney
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COMMERCE DEVELOPMENT ASSOCIATES,
a California general partnership
By
General Partner
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