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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT WITH GEORGE CARBAJAL RELATING TO
THE OPERATION OF A NEWSSTAND AT 4TH AND "E" STREETS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
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; hereby authorized and directed to execute on behalf of said City
I:a License Agreement with George Carbajal relating to the
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operation of a newsstand at 4th and "E" Streets, a copy of
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which is attached hereto, marked Exhibit "A" and incorporated
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herein by reference as fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the MaY01l;tr and c~~mmon Council of the City of San
Bernardino at a ' meeting thereof, held
on the ~~ day of ____ _______ ,1977, by the following
vote, to wit:
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AYES:
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NAYS:
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ABSENT:
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; The foregoing
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resolution is
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, 1977.
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FILED
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Approved as to form:
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C~ty Attorney
LUCILLe: CWF~;', ity Clerk
~1j. ._\ ~'n
NOV 101977
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LICENSE AGREEMENT
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(Newsstand - 4th and "En Street)
3 THIS LICENSE AGREEMENT is made and entered into this
4 97ft day of /fl,~~ ' 1977, by and between the CITY OF
5 SAN BERNARDINO, a municipal corporation, hereinafter called "City"
6 and GEORGE CARBAJAL, an individual, hereinafter called "Licensee".
7 WIT N E SSE T H:
8 WHEREAS, City owns a newsstand which consists of a metal
9 building of approximately forty-eight (48) square feet in area
10 located near the bus terminal area on the south side of Fourth
11 Street, approximately two hundred fifty feet (250 I) west of "E"
12 Street; and
13 WHEREAS, Licensee is skilled and experienced in conducting
14 newsstand operations; and
15 WHEREAS, City desires to grant a license to Licensee to
16 operate the aforedescribed newsstand subject to the terms and
17 conditions provided herein,
18 NOW, THEREFORE, for and in consideration of the performance
19 of the mutual covenants and promises herein contained, at the time
20 and in the manner specified herein, the parties hereto agree as
21 follows:
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1. City hereby grants to Licensee a revocable license to
23 use the newsstand, which consists of a metal building of approxi-
24 mately forty-eight (48) square feet in floor area located near the
25 bus terminal area on the south side of Fourth Street approximately I
26 two hundred fifty feet (250~') west of "En Street in the City of I
27 San Bernardino, Coq~y of San Bernardino, State of California.
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2. This license is granted to Licensee free of any
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charges therefor except that Licensee shall allow and permit the
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the storage, within the newsstand structure, of certain electronic
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equipment used by bus terminal personnel.
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3. Licensee shall have the exclusive right and privilege
to sell and dispense newspapers and magazines within 75 feet of
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said newsstand on property which is owned and controlled by City.
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Licensee shall maintain an inventory for sale of such other items
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as may be mutually agreed upon by the parties hereto; provided,
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however, that alcoholic beverages and so called "girlie" magazines
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shall not be maintained in inventory or sold on the premises.
4. This license shall commence on ~ 7:
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, 1977
12 and continue until terminated as provided herein. In the event
14 agreement, then this agreement shall terminate forthwith. Eit:her
13 Licensee breaches any of the terms and conditions of this licemse
15 party to this license agreement may terminate this license by
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16 giving the other party thirty (30) days advance written notice of
17 said termination. Upon termination of this agreement, Licensee
18 shall remove.himself and all of his personal property from the
19 premises forthwith.
5. Maintenance and Operation.
(a) Licensee shall, at his own expense, obtain all of
the necessary licenses, permits, etc. required in the operation of
said facility.
(b) Licensee agrees that the newsstand used hereunder"
25 including all equipment and furniture therein, will be maintained
26 in a neat, clean, and sanitary condition and that all refuse
27 and garbage resulting from said operation shall be placed in
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(c) Licensee shall supplement the efforts of the City to
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keep the premises in the near vicinity of the newsstand free of
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litter by periodically picking up and disposing of loose papers
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and other discarded debris.
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The City shall have the right at any time to inspect the
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premises, equipment, products offered for sale, and any other
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aspects of the operation which relate to the performance of this
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license agreement.
(d) Unless prior written permission is obtained from the
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Office of the City Administrator, Licensee shall remain open for
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business Monday through Friday between the hours of seven (7:00)
a.m. and five-thirty (5:30) p.m. of each week, and at such
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other times as may be mutually agreed upon by the parties hereto.
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Licensee shall, if requested by City, post prices at such locations
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as may be approved by City.
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(e) Licensee shall not commit, or allow to be committed,
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any waste on the premises, or nuisance, nor shall the premises be
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used or allowed to be used for an unlawful purpose.
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6. utilities. Licensee shall pay a monthly charge deter-
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mined by City, in its sole discretion, as being that necessary to
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reimburse City for all electrical power used for Licensee's
22 operations. City shall determine said monthly charge based upon
23 an estimate to be obtained by City from Southern California Edison
24 Company. Billings by City for said electrical charge shall be
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paid by Licensee within ten (10) days after receipt thereof.
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Telephone utilities for the premises shall be provided and
paid fo.r by Licensee .at his. sole expense.
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Licensee shall, at his own expense, have all refuse and
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garbage removed from the newsstand covered by this license on at
least a weekly basis. Licensee shall cause said refuse and
garbage to be disposed of in a manner provided by law.
7. Non-Assignment, Subleasing, Sublicensing. Licensee
shall not, without written consent of City, sublease the newsstand
for which this license is granted or any part thereof, nor
assign, hypothecate or mortgage this agreement. Any attempt
to sublease, assign, hypothecate or mortgage this agreement
or the newsstand covered thereby, without the written consent
of City as provided herein, shall immediately terminate this
agreement.
8. Surrender of Area of Operation. Licensee, upon
termination of this license agreement as provided herein,
shall peaceably vacate the premises he occupies under this license
and deliver up the same to City in good condition, reasonable wea
and tear excepted.
9. Damage or Destruction. If the aforementioned premises
of operation is damaged by fire, earthquake, the elements,
casualty, war, insurrection, riot, public disorder, or any
act upon the part of any government authority to such an extent
that the same cannot be used by Licensee, then this license
agreement, at the option of either party, shall terminate and
come to an end. In no event shall City be responsible to License
for any loss of revenue or property caused by the partial or tota
destruction of said premises.
10. City's Written Approval Required for Alterations.
Licensee shall not have the right to make any alterations, improv -
ments, or additions to the premises without first obtaining the
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11. Insurance. Licensee shall procure and maintain in
3 force during the term of this license agreement, insurance for
4 public liability and property damage. Limits of said insurance
5 shall be at least $100,000 per person and $300,000 per accident
6 covering public liability for personal injury and at least $5,000
7 for property damage. A certificate of said insurance shall
8 be filed with the City Administrator of City evidencing said
9 insurance coverage. Said policy (ies) shall name City as an
10 additional insured.
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12. Licensee to Hold Harmless. Licensee hereby agrees
12 to, and shall, hold City, its elective and appointive boards,
13 commissions, officers, agents and employees harmless from any
14 liability for damage or claims for damage for personal injury,
15 including death, as well as from claims for property damage which
16 may arise from Licensee's operations under this agreement, whether
17 such operations be by Licensee or by anyone or more persons
18 directly or indirectly employed by or acting as agent for Licensee
19 Licensee agrees to and shall defend City and its elective and
20 appointive boards, commissions, officers, agents and employees
21 from any suits or actions at law or in equity for damages caused,
22 or alleged to have been caused, by reason of any of Licensee's
23 operations hereunder.
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. 13. Notices. All notices required to be given by this
25 license agreement shall be in writing, delivered personally or
26 by certified mail, postage prepaid, addressed as follows:
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City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
George Carbajal
3910 Vermont Street
San Bernardino, CA 92405
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14. Amendment. This license agreement may be amended
2 or modified only by written agreements signed by both parties
3 and failure on the part of either party to enforce any provision
4 of this license agreement shall not be construed as a waiver
5 of the right to compel enforcement of such provision or pro-
6 visions, nor act to release any surety from its obligations under
7 this license agreement.
8 IN WITNESS WHEREOF, the parties hereto have executed this
9 License Agreement on the date first hereinabove written.
ATTEST:
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By'
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LICENSEE
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Approved as to form:
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City Attorey
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