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HomeMy WebLinkAbout37-City Attorney ~IR OF SAN BERNARD~ - REQUEfJr FOR COUNCIL AC\?oN From: Ralph H. Prince Subject: License with James & Jean Kennedy 3282 North Arrowhead Avenue ' Dept: City Attorney Date: August 30, 1985 Synopsis of Previous Council action: At the August 19, 1985 Council meeting, the City Attorney was directed to prepare a license agreement to authorize an encroachment of a block wall on the public right-of-way at 3282 North Arrowhead Avenue. Recommended motion: Adopt resolution. ~~~~~ , Signature Contact person: Libby Rodriquez Phone: 5355 Supporting data attached: Yes Ward: Seventh FUNDING REQUIREMENTS: Amount: None Sou rce: Finance: Council Notes: 75-0262 Agenda Item NO~ ? I . Q o o o 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH JAMES KENNEDY AND JEAN 3 KENNEDY RELATING TO THE CONSTRUCTION OF A FOUR-FOOT BLOCK WALL WITHIN THE PUBLIC RIGHT-OF-WAY AT 3282 NORTH ARROWHEAD AVENUE. 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 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 James Kennedy and Jean Kennedy relating to 9 the construction of a four-foot block wall within the public 10 right-of-way at 3282 North Arrowhead Avenue, a copy of which is 11 attached hereto, marked Exhibit "A" and incorporated herein by 12 reference as 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 meeting thereof, held , 1985, by the 16 on the day of 17 following vote, to wit: 18 AYES: Council Members 19 20 NAYS: 21 ABSENT: 22 23 City Clerk 24 25 26 27 211 The foregoing resolution is hereby approved this day of 1985. Approved as to form: ~~~ City ttorney Mayor of the City of San Bernardino . o o o o 1 LICENSE AGREEMENT 2 (3282 North Arrowhead Avenue) 3 THIS LICENSE AGREEMENT is entered into this day of 4 , 1985, by and between the CITY OF SAN 5 BERNARDINO, a municipal corporation, referred to as "City", and 6 JAMES KENNEDY and JEAN KENNEDY, husband and wife, jointly referred 7 to as "Licensee". 8 City and Licensee agree as follows: 9 1. Recitals. 10 A. Licensee has requested permission from City for the 11 encroachment of a four-foot block wall into the street right-of- 12 way at 3282 North Arrowhead Avenue. 13 B. City is willing to grant permission to Licensee for 14 the construction of a four-foot block wall in the public right-of- 15 way under the conditions set forth in this agreement. 16 2. License Granted. City grants to Licensee permission to 17 construct a four-foot block wall, with wrought iron inserts, 20 18 feet into the street right-of-way on real property located at 3282 19 North Arrowhead Avenue, San Bernardino, California, as depicted 0 20 a drawing on file in the office of the Director of Public Works/ 21 City Engineer. .. 22 3. Construction. Licensee agrees to construct the block 23 wall in accordance with said drawing. No alterations or changes 24 in location and construction as shown on the drawing shall be mad 25 without first receiving City's approval. 26 4. Rules and Regulations. Licensee shall observe all rules, 27 regulations, ordinances and enactments of City and all applicable 28 statutes of the State of California in maintaining the block wall. EX;.li0if F': 0 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 o o o 5. 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. 6. 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. 7. Indemnification. Licensee shall exercise its privileges hereunder at its own risk. Irrespective of any negligence of City, Licensee shall indemnify City against and hold it harmless from liability resulting from, arising out of, or in any way connected with, the occupation or use of the street right-of-way by Licensee, or the invitees or guests of Licensee, or Licensee's failure to perform its promises. City shall not be liable to Licensee if Licensee's occupation or use of the property is hindered or disturbed. 8. Waiver. Waiver by City of any breach of any provision of this agreement shall not waive any subsequent breach of the same or any other provision. 9. Notices. All notices relating to this agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: City of San Bernardino Attn: Real Property Div. 300 North "D" Street San Bernardino, CA 92418 James and Jean Kennedy 3282 North Arrowhead Avenue San Bernardino, CA 92405 10. 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 2 . Q 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 o o o written consent of City in each instance. 11. Amendment. This agreement may be amended or modified only by written agreement signed by both parties. 12. Term. The term of this agreement shall be for a period of ten years commencing upon the execution of this agreement. This agreement will renew itself thereafter from year to year unless either party notifies the other of termination as provided in Paragraph 17 of this agreement. 13. Consideration. Licensee shall pay to City forthwith the sum of $500.00 as consideration for the issuance of this license. This sum is deemed to represent actual costs incurred by City in the granting of this license, including inspection costs, preparation of conditions, costs of administration and overhead. This agreement shall not be effective until this consideration has been paid. 14. Free of Liens. Licensee shall payor cause to be paid all costs of construction of the block wall 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 construction of the block wall. 15. Possessory Interest. Licensee recognizes and understands that this agreement may create a possessory interest subject to property taxation under California Revenue & Taxation Code Section 107 and that Licensee, its successors or assigns may be subject to the payment of property taxes levied on such interest. Licensee agrees for itself, its successors and assigns that any such tax shall be paid promptly when due, and that City shall be held harmless from any and all liability for any such 3 . Q o o o 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 taxes. 16. Maintenance of Block Wall. Licensee agrees on behalf of themselves, the survivor of them, his or her heirs, and their assigns, to maintain the block wall 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 agreement at any time by giving the other party at least 15 days' written notice of termination. 18. Condition of Property Upon Surrender. On termination 0 this agreement, Licensee agrees for themselves, the survivor of them, his or her heirs, and their assigns to surrender the portio 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 block wall upon demand of, and without expense to, City. If Licensee shall fail to do so, City shall have the right to remove the block wall 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. IN WITNESS WHEREOF, the parties have executed this License Agreement on the date first above written. / / / / / / / / / / / / / / / / / / / / / / / / / / / / 4 . Q o o o 1 2 3 4 ATTEST: 5 CITY OF SAN BERNARDINO By Mayor 6 City Clerk 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LICENSEE: JAMES KENNEDY JEAN KENNEDY Approved as to form: ~k/~,.~ City torney 5