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Home My WebLink About1986-116 I RESOLUTION NO. 86-116 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND 2 DIRECTING THE EXECUTION OF A LICENSE AGREEMENT BETWEEN THE CITY 3 OF SAN BERNARDINO AND STATER BROS. MARKETS, INC., RELATING TO THE PREMISES LOCATED AT 3633 E. HIGHLAND AVENUE AND PERMITTING THE 4 CITY TO USE THE PREMISES FOR A POLICE COMMUNITY SERVICE OFFICE OR ANY OTHER LAWFUL PUBLIC PURPOSES. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino is 8 hereby authorized and directed to execute for and on behalf of 9 said City a License Agreement, effective April 1, 1986, with 10 Stater Bros. Markets, Inc., relating to the premises located at 11 3633 E. Highland Avenue and permitting the City to use the 12 premises for a Police Community Service Center or for any other 13 lawful public purposes. A copy of the License Agreement is 14 attached hereto as Exhibit "1", and incorporated herein by 15 reference as though fully set forth at length. 16 I HEREBY CERTIFY that the foregoing resolution was duly 17 adopted by the Mayor and Common Council of the City of San 18 Bernardino at a reqular meeting thereof, held on the 19 7th day of April , 1986, by the following vote, to 20 wit: 21 AYES: 22 23 NAY S : 24 25 ABSENT: 26 27 28 / / / / Council Members Estrada. Reilly. Marks. Quiel, Frazier, Strickler None council Member Hernandez ~ ~;'J4 ~ ." Wh?# ";~. ",,- City Clerk / / / / T 1 2 of 3 The foregoing resolution is hereby approved this , 1986. k~~/ Mayor of 'the City of San Bernardino J.\pril 4 Approved as to form: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 /:. It day . /" LICENSE AGREEMENT [Pol ice Community Service Office] //l/ THIS LIG::ENSE AGREEMENT is made and entered into this day of <'4); '. l 1986. by and between STATER BROS. MARKETS. INC. a California corporation. hereinafter referred to as "SBM", and the CITY OF SAN BERNARDINO. a municipal corporation, hereinafter referred to as "City". The parties agree as follows: 1 . RECITALS This agreement is made with reference to the following facts and objectives: a. SBM is the Operator of the shopping center pursuant to that certain Declaration of Establ ishment of Protective Covenants. Conditions and Restrictions and Grants of Easements recorded April 11. 1977, as Instrument n 181, in Official Records of San Bernardino County. State of California. and generally described as the shopping center located on the southeast corner of Highland and Palm Avenues in the City of San Bernardino. and desires to allow the occupation of a portion of the premises more particularly described as that property located at the east curb line of Palm Avenue. 100 yards south of Highland Avenue. in the City of San Bernardino. County of San Bernardino. California. consisting of Eight Hundred [800] square feet. by City for consideration in the sum of Forty Dollars [$40.00] per month. to be used as a site far the placement of a mobile unit to serve as a Pol ice Community Service Office [hereinafter "Office"] by the Pol ice Department of the City of San Bernardino. b. City desires to occupy the premises from SBM pursuant to the provisions set forth herein. City has examined the premises and is fully informed as to its conditions. 2. PROPERTY LICENSED: S8M grants to the City the right to occupy the real property described above and del ineated on Exhibi t "A" attached hereto and made a part hereof. together with the appurtenant rights referred to herein. 3. APPURTENANT RIGHTS: The appurtenant ri ghts referred to in this Agreement are as follows: a. City shall have full and unimpaired access to the premises at all times. b. S8M gives to City and its authorized representatives and invitees the non-exclusive 'right to use common areas including parking areas. c. S8M shall not allow blockage of traffic pattern as required for access in and out of City's premises. except for repairs or regular maintenance. ~ - 1 - . . 4. PLACEMENT: It is understood by and between the parties that the location of the mobile unit an the premises shall be in accordance with the diagram attached hereto as Exhibit IIAII and incorporated herein by reference. 5. TERM: This License Agreement shall commence April 1. 1986, and shall expire March 31. 1987. City may cancel this Agreement and terminate occupancy sooner far any reason upon two weeks written notice to S8M. S8M may cancel this Agreement sooner far any reason upon Ninety (90] days written notice to City. Any holdover by City beyond the original term shall be month to month. 6. RENT: City shall pay the total sum of Four Hundred and Eighty Dollars ($480.00] per year as rental far the term of this Agreement. which shall be payable at the rate of Forty Dollars ($40.00] per month. The rent shall be due and payable an the first day of each month during the term of the Agreement. 7. USE OF PREMISES: City shall use the premises far a Police Community Service Office for the Police Department of the City of San 8ernardino and any ather lawful public purpose with the prior written approval of S8M. Such approval shall not be unreasonably withheld. 8. FIXTURES. ALTERATIONS. AND DUTY TO MAINTAIN City shall have the right to install such fixtures as are necessary far the proposed use of the premises. and such fixtures shall not became a part of the real property; provided. however. that insta lIat ion of any fixture shall be subject to the prior approval of S8M. which approval shall not be unreasonably withheld. City may also make such repairs and improvement as are required to fit the premises far the proposed use. City shall maintain all portions of the premises in goad condition and shall be I iable far any damage above ordinary wear and tear to the premises resulting from the act or omissions of the City or its authorized representatives. but not from ather persons. City agrees that it shall restore the premises to its original condition at the termination of this Agreement; including removal of mobile unit. 9. UTILITIES City shall make arrangements and pay far all uti lity services furnished to it or used by it including. w,ithout limitation. gas. electricity. water. telephone service and trash collection and far all connection charges. 10. HOLD HARMLESS: City shall hold S8M harmless from all damages arIsing aut of any injury to any person or property occuring in. an. or about the premises. except S8M shall be liable to City far damage resulting from the acts or omissions of S8M. or its authorized representatives. and S8M shall hold City harmless from all Q - 2 - damages arising out of any such damage. City shall meet all zoning and bui Iding code requirements for the placement and use of the mobile unit on the premises, and shall hold SBM harmless from any fai lure on the City's part to meet those requi rements. 11. SIGNS: City may erect or display, on the licensed premises, any sign or advertising matter depicting the publ ic use of the premises: provided, however, that all signs are subject to the prior approval of SBM, which approval shall not be unreasonably withheld. 1 2. AMENDMENT: This Agreement may be amended or modified only by written agreement signed by both parties and fai lure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provisions, nor act to release any surety from its obi igations under this Agreement. 13. NOTICES: All notices herein required shall be in wrIting and delivered in person or sent by Certified Mai I. postage prepaid, return receipt requested. addressed as follows: LANDLORD CITY Stater Bros. Markets, Inc. c/o Property Manager P. O. Box 150 Colton. California 92324 Chief of Police 300 North "0" Street San Bernardino, CA 92418 14. A TTORNEY'S FEES: I f either party to this Agreement brings any action or fi les any proceeding against the other party arising out of this Agreement or for the declaration or interpretat ion of any ri ghts hereunder, the prevai I ing party therein shall be entitled to recover from the other party all costs and expenses, including reasonable attorney's fees. incurred by the prevai I ing party as determ ined by the court. IN WITNESS WHEREOF, the parties hereto have subscribed their names, the day and year first hereinabove written. ATTEST: By: ~~Yl'!b~~ City Clerk CITl;1:;J~ By:,' J~ Mayor (, to for~:.I,~ ~ ' B. "'I) vY/~~ y. .... \ City Att rney QQ - 3 - . . CHIME ,'~ s k e't c h r ~.. . 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