HomeMy WebLinkAbout1981-226
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RESOLUTION NO. ~/-020?~_
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT WITH THE SUN COMPANY RELATING TO
THE INSTALLATION OF A TRANSFORMER VAULT IN THE PUBLIC RIGHT OF
:WAY ON THE SOUTH SIDE OF 4TH STREET, EAST OF "D" STREET.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
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authorized and directed to execute on behalf of said City a LicensE
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Agreement with the Sun Company relating to the installation of a
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transformer vault in the public right of way on the south side of
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14th Street, east of "D" Street, a copy of which is attached
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hereto, marked Exhibit "I" and incorporated herein by reference as
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fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at a
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, 1981, by the following
meeting thereof, held
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on the
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day of
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lvote, to wit:
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Councilmen ~A7f:"A /, '-#1,
wI./t"'--!, ~~ ,JL~
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<dM",g~kJ~
'J'''-w''- ~,
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AYES:
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NAYS:
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ABSENT:
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~:://4?.4.AM
City Clerk
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of
Th~regOing resolution is hereby
~ ' 1981.
day
26
ernardino
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Approved as to form:
/? 4-~~~Nef!
City Attorney
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT is entered into this
8th
day of
JUNE
, 1981, by and between the CITY OF SAN
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iBERNARDINO,
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iBernardino,
a municipal corporation, of 300 North "D" Street, San
California, referred to as "City", and the SUN
'COMPANY, a California corporation, of 399 North "D" Street, San
,Bernardino, California, referred to as "Licensee".
City and Licensee agree as follows:
1. Reci tals.
(a) Licensee has requested permission from City to
construct a 12' x 30' x 12' deep transformer vault in the public
sidewalk area on the south side of 4th Street, east of "D" Street.
(b) City is willing to grant permission to Licensee for
the installation of the transformer vault in the public right of
way under the conditions set forth in this agreement.
2. License Granted. City grants to Licensee permission to
construct a 12' x 30' x 12' deep transformer vault in the public
sidewalk area on the south side of 4th Street, east of "D" Street,
in the City of San Bernardino. This permission is subject to any
conditions imposed by the City Engineer, Street Superintendent or
the Superintendent of the Building and Safety Department of City.
3. Construction. Licensee agrees to construct the
transformer vault in accordance with the attached drawing, marked
Exhibit "A" and incorporated in this agreement. 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,
,regulations, ordinances and enactments of City and all applicable
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1 statutes of the State of California in installing or maintaining
2 'the transformer vault.
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5. Relocation. Should City ever require the revision,
4 ire1ocation or removal of the transformer vault for the purpose of
5 a street widening or other public improvement, or for the insta11a-
6 tion or relocation of public utility facilities, Licensee agrees
7 'to change, relocate or remove the transformer vault at its own
8 cost and expense and as directed by City.
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6. Liability Insurance. Licensee agrees to procure and
10 Imaintain in force during the term of this License Agreement and
11 any extension, at its expense, public liability insurance in
12 companies and through brokers approved by City, adequate to
13 protect against liability resulting from, arising out of, or in
14 any way connected with, the construction of the transformer vault,
15 the occupation or use of the public right of way by Licensee, or
16 the employees, invitees, guests or agents of Licensee in a minimum
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17 amount of at least $500,000 combined single limit. Licensee shall
18 provide to City a certificate of insurance and an additional
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19 linsured endorsement which provides:
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(a) The City of San Bernardino as an additional insured.
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(b) The insurance company name, policy number, period of
22 coverage and the amount of insurance.
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(c) That the City Clerk of the City of San Bernardino
24 must be given notice in writing at least 30 days prior to
25 cancellation, material change or refusal to renew the policy.
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(d) That Licensee's insurance will be primary to any
27 coverage the City of San Bernardino may have in effect.
7. Title of Property. Licensee acknowledges the title and
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29 paramount interest of City to the public right of way and agrees
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1 never to assail or resist said title or interest.
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8. Exclusive Right. This permission is exclusive to
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Licensee only with respect
I 9. Indemnification.
to the underground vault.
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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
10 transformer vault, the occupation or use of the public right of
11 way 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, commissions,
14 officers, agents and employees from any suits or actions at law
15 or in equity for damages caused, or alleged to have been caused,
16 by reason of any of Licensee's operations under this agreement.
17 City shall not be liable to Licensee if Licensee's occupation or
18 use of the property is hindered or disturbed.
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10. Waiver. Waiver by City of any breach of any provision of
20 ithis license does not waive any subsequent breach of the same or
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,any other provision.
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If
,: 11. Notice. Notice to Licensee shall be sufficient if served
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lipersona11y, or posted on the premises, or mailed to Licensee at
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its last known address. If notice is posted it shall be deemed
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25 served on the date of posting. If notice is mailed, it shall be
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Ideemed served on the business day next following the day of
Imailing.
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12. Assignment.
No assignment of this license by Licensee,
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its successors, legal representatives or assigns. or any
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isubsequent ass1gnee, shall be binding upon City without the
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Iwritten consent of City in each instance.
,unreasonably withhold its consent.
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City shall not
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13. Amendment.
This license may be amended or modified only
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by written agreement signed by both parties.
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14. Term. The term of this license shall be for a period of
8 50 years commencing on June 15, 1981. This license will renew
9 itself thereafter from year to year unless either party notifies
10 the other in writing of termination at least 15 days before the
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!expiration of any such year.
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15. Consideration. Licensee shall pay to City the sum of
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13 $1,000.00 as and for consideration of this license.
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16. Maintenance. Licensee agrees to maintain the public
15 right of way which is the subject of this license in good repair
16 at all times.
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17. Free of Liens. Licensee shall payor cause to be paid
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all costs of construction of the transformer vault and shall keep
Ithe property free and clear of any and all claims arising out of
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20 the performance of work or furnishing of materials for
21 construction of the vault.
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18. Possessory Interest. Licensee recognizes and understands
23 that this license may create a possessory interest subject to
24 property taxation and that Licensee may be subject to the payment
25 of property taxes levied on such interest. Licensee agrees to and
26 shall hold harmless the City from any and all liability for any
27 such taxes.
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IN WITNESS WHEREOF, the parties hereto have executed this
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'License Agreement on the date first above written.
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I ATTEST:
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j ~//.?l/?/a/Sb
IICity Clerk
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iApproved as to form:
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I /:{~~<!?
,City Attorney
CITY OF SAN
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By Qj~~
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By
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