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RESOLUTION NO. 89-109
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN ENCROACHMENT LICENSE AGREEMENT WITH PURE BRED
3 AUTO BROKERS, INC. RELATING TO INSTALLATION OF A WROUGHT IRON
FENCE AND LIGHTING FIXTURES WITHIN PUBLIC RIGHT-OF-WAY AT 333 S.
4 WATERMAN AVENUE.
5 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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an Encroachment License Agreement with Pure Bred Auto Brokers,
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Inc. relating to installation of a five-foot wrought iron fence
and five (5) ornamental lighting fixtures within the public
right-of-way at 333 South Waterman Avenue, a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by
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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 17th
day of April
, 1989, by the following vote, to wit:
AYES:
Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller
NAYS:
None
ABSENT: None
~?d/~~
Ci t'y Clerk
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PZ/dys
February 23, 1989
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.
. .
RESOLUTION . . . AUTHORIZING THE EXECUTION OF AN ENCROACHMENT
LICENSE AGREEMENT WITH PURE BRED AUTO BROKERS, INC. RELATING
TO INSTALLATION OF A WROUGHT IRON FENCE . ., . AT 333 S.. WATERMAN
AVENUE.
The foregoing resolution is hereby approved this /rt~ day
of
, 1989.
April
~~ 1~
~(Yn w1h~-;:' ~a or ,
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
~ p
By: . l~J~
()
PZjdys
February 23, 1989
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EXHIBIT "A"
A G R E E MEN T
(License for Encroachment)
ME NT is entered in to this /?~AC day of
, 1989, by and between the CITY OF SAN
BERNARDIN, a municipal corporation, referred to as "City", and
PURE BRED AUTO BROKERS, INC., referred to as "Licensee".
City and Licensee agree as follows:
1. Recitals.
(a) Licensee has requested permission from City for
the encroachment of a five-foot wrought iron fence and five (5)
ornamental lighting fixtures into the street right-of-way at 333
South Waterman Avenue.
(b) City is willing to grant permission to Licensee
for said installation 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 permission to Licensee
to install a five-foot wrought iron fence and five (5)
ornamental lighting fixtures, three (3) feet into the street
right-of-way on real property located at 333 South Waterman
Avenue, San Bernardino, California, as depicted on a drawing on
file in the office of the Director of Public Works/City Engineer
of the City of San Bernardino.
3. Construction/Installation. Licensee agrees to
construct and install the fence and lighting fixtures in
accordance with the drawing on file. No alterations or changes
from said drawing shall be made without first receiving written
approval from the City of San Bernardino.
4. Rules and Regulations. Licensee shall observe all
rules, regulations, ordinances and enactments of City and all
applicable statutes of the State of California in installing and
maintaining the fence and lighting fixtures.
5. Relocation. Should City ever determine a need to make
public improvements in the area covered by this agreement, or
shall otherwise require modification or removal of the
encroaching structures, Licensee agrees to cooperate with all
reasonable requests of the City as necessary to accommodate the
City's needs.
6. Liability Insurance. Licensee agrees to procure and
maintain in force during the term of this agreement and any
extension, at its expense, public liability insurance in the
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March 29, 1989
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amount of $100,000 to protect against liability resulting from,
arising out of, or in any way connected with, the construction,
installation and maintenance of the structures installed
hereunder by Licensee or any of its officers, contractors, agents
or employees. The City shall be an additional named insured in
such policy. Licensee shall provide to City's Risk Management
Division proof of such insurance, prior to execution by City.
7. Title of Property. Licensee acknowledges the title and
paramount interest of City to the public right-of-way, and
agrees never to contest said title or interest. Licensee shall
not obtain any prescriptive rights hereunder.
8. Indemnification. Licensee shall exercise its
privileges under this license at its own risk. Licensee shall
indemnify and hold harmless City, its elective and appointive
boards, commissions, officers, agents and employees from
liability resulting from, arising out of, or in any way connected
with, the installation of any structures referenced to in this
license, the occupation or use of the public areas of such
structures, both during and after the installation thereof,
including claims resulting from the conduct of Licensee, its
employees, invitees, guests or agents of Licensee, or Licensee's
failure to perform its promises in connection herewith. Licensee
shall defend City, its elective and appointive boards,
commissions, officers, agents and employees from any suits or
actions at law or in equity for damages caused, or alleged to
have been caused, by reason of any of Licensee's operations under
this agreement.
9. Waiver. Waiver by City of any breach of any provision
of this agreement does not waive any subsequent breach of the
same or any other provision.
10. Notice. All notices relating to this agreement shall
be in writing and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
AS TO CITY:
AS TO LICENSEE:
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
ATTENTION:
Real Property Division
Pure Bred Auto Brokers, Inc.
333 South Waterman Avenue
San Bernardino, Ca 92401
ATTENTION:
Harry J. Iesberts
11. Assignment. No assignment of this agreement by
Licensee, its successors, legal representatives or assigns, or
any subsequent assignee, shall be binding upon City without the
prior written consent of City in each instance. City shall not
unreasonably withhold its consent.
12. Amendment. This agreement may be amended or modified
only by written agreement, signed by both parties.
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March 29, 1989
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13. Term. The term of this agreement shall be for a
period of l()l(ten) years, commencing upon execution of this
agreement. This agreement will renew itself thereafter from year
to year, unless either party notifies the other, in writing, of
termination as provided in Paragraph 19 of this agreement.
14. Consideration. Licensee shall pay to City the sum of
FIVE HUNDRED DOLLARS ($500.00) as consideration for the issuance
of this agreement.
15. Maintenance. Licensee agrees to maintain the wrought
iron fence and ornamental lighting fixtures, which are the
subject of this agreement in good repair at all times.
16. Free of Liens. Licensee shall payor cause to be paid
all costs of construction and/or installation of the fence and
lighting fixtures referred to above 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 said
installation.
17. Possessory Interest. Licensee recognizes and
understands that this agreement may create a possessory interest
subject to property taxation and that Licensee may be subject to
the payment of property taxes levied on such interest. Licensee
agrees to and shall hold harmless the City from any and all
liability for any such taxes.
18. Nonexclusive. This permission is not exclusive to
Licensee. Licensee shall have the privilege only of occupying
such portion of the street right-of-way as City shall from time
to time designate.
19. Termination. Either party may terminate this
agreement at any time by giving the other party at least thirty
(30) days written notice of termination.
20. Condition of Property Upon Surrender. Upon
termination of this agreement, Licensee agrees for itself, its
successors and its assigns to surrender the portion of said
property occupied under the license herein granted, in as good
condition as same was at the time of Licensee's original entry,
and to remove the fence and lighting fixtures upon demand of, and
without expense to, City. If Licensee shall fail to do so, City
shall have the right to remove all structures at the expense of
Licensee, who shall pay the amount of the expense to City on
demand. City may elect to take possession of and appropriate to
itself without payment any property of Licensee, or anyone
claiming under Licensee, which Licensee fails to remove after
notice.
21. Severability. In the event this agreement, or any
portion thereof, should be determined to be void, illegal or
improper, for any reason whatever, or Licensee's rights
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March 29, 1989
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thereunder are set aside through Court action or otherwise, all
other portions of the agreement shall remain fully enforceable to
the extent possible after such determinations.
22. Complete Agreement/License. This document represents
the total and complete agreement regarding License for
Encroachment, and no other written and/or oral agreements exist
in this regard.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first above written.
ATTEST:
OF SAN BERNARDINO
~<!2l#P'~/
C.{'ty Clerk
BROKERS, INC.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: ~
(J
./7
l-,)'~
PZ/dys
February 27, 1989
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