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Home My WebLink About8189 6 SECTION ONE: That the City execute a License and Agreement 7 by and between T.V. Receptors, Inc., a California Corporation, 8 and the City of San Bernardino pertaining to the erection of a 9 television antenna in Perris Hill Park. 10 SECTION TWO: That the said License and Agreement referred to 11 herein, a copy of which is attached hereto marked Exhibit "A" and 12 is hereby referred to and made a part hereof as fully as though 13 set out at length herein, is hereby approved. 14 SECTION THREE: That the Mayor of the City of San Bernardino 15 is hereby authorized and directed to execute said License and 16 Agreement on behalf of the City of San Bernardino. 17 SECTION FOUR: Resolution No. 7947 is hereby repealed. 18 19 20 21 22 23 24 I 25 26 27 28 29 30 31 32 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San ::;:'::i::e~~~"'~~ :-::::: :;e:::f, following vote, to wit: A AYES: NOES: of The foregoing ~ Resolution is hereby approved this~?I~ day , 1966. o M C ~c~~ Mayor ot *~~~ cr ~ ; of;/.~n e nardino ",".; ~. ~ \1- D !i ~ h;,.....~ ~ MAY 25 i9f\f lACK T. f".gI..:~f City CIGr~ - ;\ --.., ',' ' ~;@., .. " '.. '"'' -f ~...., LICENSE AND AGREEMENT THIS LICENSE AND AGREEMENT is made and entered into this day of , 1966, by and between T.V. RECEPTORS, INC., a California Corporation, hereinafter referred to as "Licensee", and the CITY OF SAN BERNARDINO, hereinafter referred to as "City". WHEREAS, the Mayor and Common Council of said City intends to grant a franchise to Licensee, subject to certain terms and con- ditions, to install, in conformance with existing laws, on a certain twenty foot by twenty foot (20' x 20') parcel of real property owned by City located in Lot 5, Block 6, Orange Grove Tract as per Map Book 14, page 11. records of San Bernardino County Recorder, in the area thereof generally described as on the south side of Reservoir Drive, southeast of the reservoir site in Perris Hill Park, and more particularly described and shown as Site lIon a plot plan filed with and approved by the Board of Water Commissioners of City on November 16, 1965, a television antenna within a fenced enclosure; and WHEREAS, said franchise relates to Licensee's installing, con- structing and maintaining said antenna. fence and conduits upon and across City's property, and shall terminate or be modified by the Mayor and Common Council at the termination of this License and Agreement. and shall be made subject hereto; and WHEREAS. Licensee desires to comply with the terms and con- ditions of this License and Agreement, and Conditional Permit No. 348. and the proposed Franchise, NOW. THEREFORE. for and in consideration of the mutual promises and covenants herein contained, the parties hereto do hereby agree as follows: 1. The City hereby gives permission, revocable and terminable as hereinafter provided, to Licensee to erect and maintain. in con- formance with existing laws, on the aforementioned property in the ~ /'. y ./ I / J /,'/. ..,~ '!? " ~. I II I "f~- area generally described above, and more particularly located on the attached map marked Exhibit I, which is incorporated herein as if fully set forth, a tclc'.-ision antenna cnclosed ~Jithin a fence and cable conduits connected thereto and to existing power ut~l~ty poles in a direction and at the locations generally shown on Exhibit I, subject to such requirements or conditions as may be imposed by the Superintendent of the Water Department and the Superintendent of the Building and Safi2ty Department of the City, and further subject to the provisions and conditions of Conditional Development Permit No. 348, and a proposed franchise to be granted to Licensee. 2. In the event the City declares its intention to alter, relocate, or regrade the present access road, the Licensee will remove and relocate its aforesaid facilities to a position and in the manner designated by the Superintendent of the Water Department and the Superintendent of the Building and Safety Department of the City within fifteen (15) days after notice in writing so to do. 3. Any removal or relocation of said facilities pursuant to the foregoing paragraph shall be at the sole cost and expense of Licensee and Licensee shall have no claim or cause of action against the City by reason of such rerooval or relocation. 4. This permission is given to Licensee in consideration of his mutual promises herein as well as Licensee's payment to the City of the sums stipulated in the franchise to be granted to said Licensee herein by ordinance, which proposed franchise, as filed with the City Clerk on November 22, 1965, is specifically incorporated herein and made a part hereof. 5. This License and Agreement is intended to cooperate fully with the aforesaid Franchise and Conditional Development Permit No. 348 granted to said Licensee insofar as they pertain to Licensee's use and operations on City property. -2- 6. Licensee hereby acknowledges the title and paramount interest of City to said property and agrees never to assail Or resist said title or interest. i. This permission is not exclusive to Licensee and Licensee shall have the privilege hereunder only of occupying such portion of said property as the City shall from time to time designate in accordance with the terms hereof. 8. Licensee shall exercise Licensee's privileges hereunder at Licensee's own sole risk and Licensee shall indemnify City and its officers, employees and agents against and hold it harmless from any and all liability for damages, costs, losses and expenses result- ing from, arising out of, or in any way connected with, the occupa- tion or use of said property by Licensee, its agents, employees, guests or invitees. 9~ Licensee shall secure and maintain in effect, throughout the duration of this license, a policy of public liability insurance as specified in the aforesaid Franchise granted to Licensee. 10. Licensee's privileges hereunder shall not be assignable in whole or in part. 11. City reserves the right to terminate the permission hereby given at any time by giving Licensee at least fifteen (15) days' written notice of such termination, except that City may, at its election, terminate said permission forthwith at any time if Licensee shall fail to comply with or abide by each and all of the provisions hereof or keep all and singular Licensee's promiRes herein. Waiver by City of any breach of any term or provision hereof shall not be deemed a waiver of any subsequent breach of the same or any other term or provision hereo.f. 12. Any notice to Licensee he~eunder shall be sufficient if served on Licensee personally, or posted on said premises, and if so posted shall be deemed served on the date of posting, or mailed to Licensee directed to his last known address, and if so mailed in the State of California shall be deemed served on the business day next following the day of mailing. -3- r 13. On revocaticn, surrender or ether termination of the . . h h . perrrl1~ss'!..on ., e-re,~Y' :~:;1_'\1en, L~_ceI'~ee sha1.l quietly and peaceably surrender the portion of sai.d premises occupied by Licensee in as good condit:ton as [l:une were at the j:;.me of Licensee I S entry thereon hereunder and remove its antenna, conduits, fence, and other things placed by Licensee on said premises hereunder, and if Licensee shall fail to do so ctty shall have the right to make such removal at Licensee's expense, the amount of which expense Licensee shall pay to City on demand, and, if City shall so elect, it shall have the right to take possession of and appropriate to itself without payment therefor any property of Licensee, or anyone claiming under it, then remaining on said premises. 14. In the event Licensee is two or more persons then the obligations of Licensee shall be their joint and several obligations and notice given or directed to one of them shall be deemed notice to alL 15. Time is of the essence of the provisions hereof. 16. This License and Agreement shall terminate twenty-five (25) years from the date of the execution hereof unless sooner terminated by the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first hereinabove written. ATTEST: ~tl;'~ ~J.ty c~~. ~ CITY OF SAN BERNARDINO By: tzt (~ ~ u&a--7 ayor T . V. RECEPTORS, INC. By (JJ ,