HomeMy WebLinkAbout1983-001
r
'""~~'.'.._'-~~--=-'."~'~.- ~--<- ,-_._--_.._-~_..-
1
RESOLUTION NO. 83..l
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT WITH VICTOR MAZAL AND ROSLYN
3 MAZAL RELATING TO THE CONSTRUCTION OF A BRICK PLANTER WITHIN THE
PUBLIC-RIGHT-OF-WAY AT 251 WEST BASELINE STREET.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City a
8 License Agreement with Victor Mazal and Roslyn Mazal relating to
9 the construction of a brick planter within the public right of
10 way at 251 West Baseline Street, a copy of which is attached
11 hereto, marked Exhibit "A" and incorporated herein by reference as
12 fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15
Bernardino at a n adjourned reqular
meeting thereof, held
16
4th day of
on the
January
, 1983, by the following
17 vote, to wit:
18
19
Council Members Peilly, Hernandez, Ouiel,
AYES:
Strickler
20
None
NAYS:
21
22
23
Council .~'1ember.s Castanec1a.r~.arks 1 Babhs
ABSENT:
~~.4/~h./
/ Ci ty Clerk
24
Bernardino
The foregoing resolution is
~A day
25
26
of
lJanuary
, 1983.
27
28
1
2
LICENSE AGREEMENT
251 West Baseline Street (Alfredo's Pizza)
3
THIS LICENSE AGREEMENT is entered into this /'~~ day of
4 -.....4jf.t4Lf ' 1983, by and between the CITY OF SAN BERNARDINO,
5 a municipal corporation, referred to as "City", and VICTOR MAZAL
6 AND ROSLYN MAZAL, husband and wife, jointly referred to as
7 IILicensee".
8 City and Licensee agree as follows:
9
1. Recitals.
10
(A) Licensee has requested permission from City for the
II encroachment of a brick planter into the street right-of-way at
12 251 West Baseline Street.
13
(B) City is willing to grant permission to Licensee to
14 retain the brick planter as previously constructed in the public
15 right-of-way under the conditions set forth in this agreement.
16
2. License Granted. City grants to Licensee permission to
17 retain a brick planter with pilasters previously constructed
18 adjacent to the back edge of the sidewalk, 2 feet within the
19 street right-of-way at 251 West Baseline Street, San Bernardino,
20 California.
21
3. Construction. Licensee has previously constructed the
22 brick planter and agrees that no alterations or changes in the
23 planter shall be made without first receiving City's approval.
24
4. Rules and Regulations. Licensee shall observe all rules,
25 regulations, ordinances and enactments of City and all aFjJ' :cable
26 statutes of the State of California in maintaining the brick
27 planter.
28
5. Title of Property. Licensee acknowledges the title and
1 paramount interest of City to the public right-of-way and agrees
2 never to assail or resist said title or interest.
3
6. Nonexclusive. This permission is not exclusive to
4 Licensee. Licensee shall have the privilege only of occupying
5 such portion of the street right-of-way as City shall from time to
6 time designate.
7
7.
Indemnification. Licensee shall exercise its privileges
8 hereunder at its own risk. Irrespective of any negligence of
9 City, Licensee shall indemnify City against and hold it harmless
10 from liability resulting from, arising out of, or in any way
11 connected with, the occupation or use of the street right-of-way
12 by Licensee, or the invitees or guests of Licensee, or Licensee's
13 failure to perform its promises. City shall not be liable to
14 Licensee if Licensee's occupation or use of the property is
15 hindered or disturbed.
16
8. Waiver. Waiver by City of any breach of any provision of
17 this license does not waive any subsequent breach of the same or
18 any other provision.
19
9. Notices. All notices relating to this license shall be
20 in writing and delivered in person or sent by certified mail,
21 postage prepaid, addressed as follows:
22
City of San Bernardino
Attn: Real Property Div.
300 North "D" Street
San Bernardino, CA 92418
Victor & Roslyn Mazal
276l Golden Avenue
San Bernardino, CA 92404
23
24
25
lO. Assignment. No assignment of this license by Licensee,
26 its successors, legal representatives or assigns, or any
28 written consent of City in each instance.
27 subsequent assignee, shall be binding upon City without the
-2-
1 ll. Amendment. This license may be amended or modified only
2 by written agreement signed by both parties.
3 l2. Term. The term of this license shall be for a period of
4 ten years commencing upon the execution of this license. This
5 license will renew itself thereafter from year to year unless
6 either party notifies the other of termination as provided in
7 Paragraph l7 of this license.
8 13. Consideration. Licensee shall pay to City forthwith the
9 sum of $200.00 as consideration for the issuance of this license.
10 This sum is deemed to represent actual costs incurred by City in
11 the granting of this license, including inspection costs,
12 preparation of conditions, costs of administration and overhead.
13 This license shall not be effective until this consideration has
14 been paid.
15 l4. Free of Liens. Licensee shall payor cause to be paid
16 all costs of construction of the brick planter and shall keep the
17 property free and clear of any and all claims arising out of the
18 performance of work or furnishing of materials for construction of
19 the brick planter.
20 lS. Possessory Interest. Licensee recognizes and
21 understands that this license may create a possessory interest
22 subject to property taxation and that Licensee, its successors or
23 assigns may be subject to the payment of property taxes levied on
24 such interest. Licensee agrees for itself, its successors and
25 assigns that any such tax shall be paid promptly when due, and
26 that City shall be held harmless from any and all liability for
27 any such taxes.
28 l6. Maintenance of Planter. Licensee agrees on behalf of
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
themselves, the survivor of them, his or her heirs, and their
assigns, to maintain the brick planter in good repair at all
times. Upon notice from City to effect any necessary repair, it
is further agreed to commence such repair immediately and to
diligently prosecute such repair to completion.
17. Termination. Either party may terminate this license at
any time by giving the other party at least 15 days' written
notice of termination.
l8. Condition of Property Upon Surrender. On termination of
this license, Licensee agrees for themselves, the survivor of
them, his or her heirs, and their 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 brick planter with pilasters upon demand
of, and without expense to, City. If Licensee shall fail to do
so, City shall have the right to remove the planter at the expense
of Licensee, which 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.
IN WITNESS WHEREOF, the parties have executed this License
Agreement on the date first above written.
ATTEST:
ity Clerk
. . . . .
-4-
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
2
3
4
5
6
7
Approved as to form:
Ci~r~
8
9
/
~EN"E ,
f~~/t{lU . ."
Vi tor Mazal ~.
} J /'
~.. [1 " c.. -] Ii.
4621!.-ulK:/ JJ;/t2?r~ - ~/
Ro lyn ~zal '.... (.
-5-