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1
RESOLUTION NO. % 7 /
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AND AGREEMENT
BETWEEN SAID CITY AND HUMBLE OIL & REFINING COMPANY PERTAINING TO
THE INSTALLATION OF A SIGN AT 601 NORTH WATERMAN AVENUE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
3
I:
41
5:
6
SECTION ONE: That the City of San Bernardino execute a
7 License and Agreement between said City and Humble Oil & Refining
8 Company pertaining to the installation of a sign at 601 North
9, Waterman Avenue.
,
SECTION TWO: That the said License and Agreement referred
to herein, a copy of which is attached hereto, marked Exhibit "A"
and referred to and made a part hereof as fully as though set out
at length herein, is hereby approved.
SECTION THREE: That the Mayor of the City of San Bernar-
dino is hereby authorized and directed to execute said License
and Agreement on behalf of the City of San Bernardino.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San Bernar-
din~ at ~ /?1A~//vy,p~A':I.//bA./ meeting thereof, held on the
/60 day of ~l ' 1967 by the following vote, to wit:
AYES: Counci men .L..-,,-~ ~r-- ~~
Jl/Jnf~ g~ ~P75/ ../1~~
NOES: ~
~
ABSENT:
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~>City~i ./~;/~(T' '
f . U4~' ~,~ '
resolution' i;' ereby' . prove t' q-hl/
v ,
, 1967.
.J
"."1 ./
( .~.
Mayor of
/) / .,' .
Ii /Lil/"#
City of SanlBernardino
(I
the
o
LICENSE AND AGREEMENT
THIS LICENSE AND AGREEMENT is made and entered into this
day of .' 19_, by and between
..S..l ~ ~ Humble Oil & Refining Company
,
hereinafter sometimes referred to as "Licensee", and the CITY OF SAN
BERNARDINO, a municipal corporation, hereinafter sometimes referred
to as "City".
WITNESSETH:
For and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1. City hereby gives permission, revocable and terminable as
hereinafter provided, to Licensee to erect, in conformance with
existing laws on a certain portion of
privately owned real property
in a setback area adjacent to the corner of two intersecting
streets adjoining said property to wit:
Northeast corner of Sixth Street and Watsruuan Avenue
,
a sign wHIt an overall measurement of 60-1/2" by 83-1/2" oval with
a height ot 1~ teet
at such location and subject to any requirements or conditions as
may be imposed by the Street Superintendent and the Superintendent
of the Building and Safety Department of the City.
2. In the event that City declares its intention at any time
to widen Sixth Street and/or Waterman Avenue
or in the event City terminates this License or any variance that
it may grant to Licensee, Licensee will remove and relocate said
sian
to a position to be designated by the
Street Superintendent, and in the manner required by the Street
Superintendent, and the Superintendent of the Building and Safety
Department of the City within 15 days after notice in writing by
the City so to do.
3. Any removal and relocation of said
sign
pursuant to the foregoing paragraph shall be at the sole cost and
expense of Licensee and without any cost and expense whatsoever to
the City, and Licensee shall have no claim or cause of action
agai"ast the City by reason of such remova.l and relocation.
4. ':1'"his permission is given to Licensee as an accommodation
1:0 Licensee and shall be rent free,
5. ~~censee hereby acknowledges the title and paramount
~rt"r€"1t of City to the street (or to said property) and agrees
never to assail or resist said title or interest and to observe
present or future set-back requirements relating thereto.
6. This permission is not exclusive to Licensee and Licen-
BAB shall have the privilege hereunder only of occupying such
portion of said property as City shall from time to time designate.
7. Licensee shall exercise Licensee's privileges hereunder
at Licensee's own sole risk, and, irrespective of any negligence
of City, Licensee shall indemnify City against and hold it harm-
less for any and all liability for damages, costs, losses and
expenses resulting from, arising out of, or in any way connected
with, the occupation or use of said property by Licensee, or the
Licensees, invitees, or guests of Licensee, or the failure on the
part of Licensee to perform fully all and singular Licensee's
promises herein. City shall not be liable to Licensee if for
any reason whatever Licensee's occupation or use of the said
property hereunder shall be hindered or disturbed.
8. Licensee's privileges hereunder shall not be assignable
by Licensee in whole or in part.
9. 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 promises
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 hereof.
10. Any notice to Licensee hereunder shall be sufficient
if served on Licensee personally, or posted on said premises, and
2
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.
11. On revocation, surrender or other termination of the
permission hereby given, Licensee shall quietly and peaceably
surrender the portion of said property occupied by Licensee in
as good condition as same was at the time of Licensee's entry
thereon hereunder and remove its
.i.p
and other things placed by Licensee on said premises hereunder,
and if Licensee shall fail to do so City 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.
12. In the event Licensee is two or more persons then the
obligations of Licensee shall be their joint and several obli-
gations and notice given or directed to one of them shall be
deemed notice to all.
13. Time is of the essence of the provisions hereof.
14. This License and Agreement shall terminate five (5)
years from the date of the execution hereof unless sooner termi-
nated by City.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first hereinabove written.
Attest:
CITY OF SAN BERNARDINO
By:
{tt (l /l J~
Mayor
IlUHIU OIL . IDDDlG CCllPAltY
.,.
a