HomeMy WebLinkAbout1982-013I
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RESOLUTION NO. 82-13
RESOLUTION OF THE CITY.OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT WITH CENTRAL CITY COMPANY
RELATING TO THE INSTALLATION OF A PARKING CONTROL TOWER ON THE
THIRD LEVEL OF THE 3 -LEVEL PARKING STRUCTURE OF THE CENTRAL CITY
MALL.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City a Licensi
Agreement with Central City Company relating to the installation
of a parking control tower on the third level of the 3 -level
parking structure of the Central City Mall, a copy of which is
attached hereto, marked Exhibit "I" 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 4th day of January 1982, by the following
vote, to wit:
AYES: Council Members Castaneda, Hernandez, Botts,
Hobbs, Strickler
NAYS: None
ABSENT: None Abstain: Council Member Reilly
City Clerk
The foregoing resolution is hereby approved t day
of January , 1982.
form:
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT is entered into this day of
January, 1982, by and between the CITY OF SAN BERNARDINO, a
municipal corporation, of 300 North "D" Street, San Bernardino,
California, referred to as "City", and CENTRAL CITY COMPANY, a
partnership, of 295 Central City Mall, San Bernardino, California,
referred to as "Licensee".
City and Licensee agree as follows:
1. Recitals.
(a) Licensee has requested permission from City to
construct a parking control tower on the third level of the 3 -
Level parking structure operated by City at the Central City Mall.
(b) City is willing to grant permission to Licensee for
the construction by Licensee at no cost to City of such parking
control tower, under the conditions set forth in this agreement.
(c) City is lessee of the 3 -level parking structure
under lease between City and the Redevelopment Agency of the City
Df San Bernardino dated June 10, 1970, as amended, and operates
the parking structure under the provisions of a Reciprocal
Easement Agreement between City and various other parties.
2. License Granted. City grants to Licensee permission to
construct a parking control tower, approximately 8 foot square,
and approximately 20 feet in height, on the third level of the 3 -
level parking structure operated by the City. 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 parking
control tower in accordance with the plans and specifications
I drafted by Frank Tracadas, registered civil engineer, a copy of
2 which has been provided to City, and which shall be maintained in
3 the office of the City Attorney of City, which plans and
4 specifications are incorporated herein by reference. No
S 11alterations or changes in the plans and specifications shall be
6 made without first receiving City's approval.
7 4. Rules and Regulations. Licensee shall observe all rules,
g regulations, ordinances and enactments of City and all applicable
9 statutes of the State of California in installing or maintaining
10 the parking control tower.
11 5. Removal. Upon written request of the City or the
12 Redevelopment Agency of the City of San Bernardino, Licensee
13 agrees to remove the parking control tower at its own cost and
14 expense as directed by City within 60 days of said notice.
15 6. Liability Insurance. Licensee agrees to procure and
16 maintain in force during the term of this License Agreement, at
17 its expense, public liability insurance in companies and through
Ig brokers approved by City, adequate to protect against liability
19 resulting from, arising out of, or in any way connected with, the
20 construction or operation of the parking control tower, or the
21 occupation or use of such parking control tower by Licensee, or
22 the employees, invitees, guests or agents of Licensee, in a
23 minimum amount of at least $500,000 combined single limit.
24 Licensee shall provide to City a certificate of insurance and an
25 additional insured endorsement which provides:
26 (a) The City of San Bernardino is an additional insured.
27 (b) The insurance company name, policy number, period of
2g coverage and the amount of insurance.
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I (c) That the issuing insurance company agrees to notify
2 the City Clerk of the City of San Bernardino in writing at least
3 30 days prior to cancellation, material change, or refusal to
4 renew the policy.
5 (d) That Licensee's insurance will be primary to any
6 coverage the City of San Bernardino may have in effect.
7 7. Exclusive Right. This permission is exclusive to
8 Licensee only with respect to the parking control tower.
9 8. Indemnification. Licensee shall exercise its privileges
10 under this license at its own risk. Irrespective of any
11 negligence of City, Licensee shall indemnify and hold harmless
12 City, its elective and appointive boards, commissions, officers,
13 agents and employees from liability resulting from, arising out
14 of, or in any way connected with, the construction of the parking
15 control tower, the occupation or use of the parking control tower
16 by Licensee, or the employees, invitees, guests or agents of
17 Licensee, or Licensee's failure to perform its promises. Licensee
18 shall defend City, its elective and appointive boards,
19 commissions, officers, agents and employees from any suits or
20 actions at law or in equity for damages caused, or alleged to have
21 been caused, by reason of any of Licensee's operations under this
22 agreement. City shall not be liable to Licensee if Licensee's
23 occupation or use of the property is hindered or disturbed.
24 9. Waiver. Waiver by City of any breach of any provision of
25 this license does not waive any subsequent breach of the same or
26 [ny other provision.
27 10. Notice. Notice to Licensee shall be sufficient if
28 erved personally, or posted on the premises, or mailed to
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1 Licensee at its last known address. If notice is posted it shall
2 be deemed served on the date of posting. If notice is mailed, it
3 jshall be deemed served on the business day next following the date.
4 �of mailing.
5 11. Assignment. No assignment of this license by Licensee,
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6 fits successors, legal representatives or assigns, or any
7 (subsequent assignee, shall be binding upon City without the
8 (written consent of City in each instance. City shall not
9 ;unreasonably withhold its consent.
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10 12. Amendment. This license may be amended or modified only
11 by written agreement signed by both parties.
12 13. Term. The term of this license shall be indefinite,
13 subject to the right earlier reserved to the City to require
14 removal of the tower within 60 days upon written notice.
15 14. Consideration. Licensee shall pay to City the sum of
16 $1.00 as and for consideration of this license, and in addition,
17 shall be responsible for maintaining the tower in first-class
18 condition at no cost to the City.
19 15. Free of Liens. Licensee shall pay or cause to be paid
20 all costs of construction of the parking control tower and shall
21 keep the property free and clear of any and all claims arising out
22 of the performance of work or furnishing of materials for
23 construction of the parking control tower.
24 16. Possessory Interest. Licensee recognizes and
25 understands that this license may create a possessory interest
26 subject to property taxation and that Licensee may be subject to
27 the payment of property taxes levied on such interest. Licensee
28 agrees to and shall hold harmless the City from any and all
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I liability for any such taxes.
2 IN WITNESS WHEREOF, the parties hereto have executed this
3 License Agreement on the date first above written.
4 CITY OF SAN BERNARDINO
ATTEST:
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By
6 Mayor
City Clerk
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CENTRAL CITY COMPANY
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9 By
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By
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12 Approved as to form:
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