HomeMy WebLinkAbout12726
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 I
I
23 II
/'
24
25
26
27
28
RESOLUTION NO. /d.7,;?~
,
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A LICENSE AND AGREEMENT WITH JACK F. KENNEDY
RELATING TO THE ERECTION OF IMPROVEMENTS ON "F" STREET NORTH
OF FAIRWAY DRIVE, SAN BERNARDINO, CALIFORNIA.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino
is hereby authorized and directed to execute on behalf of said
City a License and Agreement with Jack F. Kennedy relating to
the erection of landscaping, ornamental block wall, driveway
and sign, a copy of which is attached hereto, marked Exhibit
"I" and incorporated herein by reference as fully as though set
forth at length.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at a
/~d-vJ
, /~7~....u
,
, 1977, by the following
meeting thereof, held
on the ~/~ day of
vote, to wit:
AYE S :
~ Yr./ ~
Councilmen c:;?~,--r~ .., ~ \.' /"
~! ,.;
,~~~/~
C~~~/~
~ . '9J.-~
~.. ""../~./~
NAYS:
ABSENT:
'I
day of
~ ~ ~<>. J Ii
/" ~///J" .;./
~, CityCl..k ,
The foregoing resolution is hereby appr d this,;{c.-1.'1z.iY
/)J~-/u
t . .
I'
ii
1 LICENSE AND AGREEMENT
2 THIS LICENSE AND AGREEMENT is made and entered into this
3 2/sl day of ~f?P"'// , 1977, by and between JACK F.
. f
4 KENNEDY, an individual, hereinafter referred to as "Licensee",
5 and the CITY OF SAN BERNARDINO, a municipal corporation, herein-
6 after referred to as "City".
7 WIT N E SSE T H:
8 For and in consideration of the mutual promises and
9 covenants herein contained, the parties hereto do hereby agree as
10 follows:
11
1. City hereby gives permission, revocable and terminable
12 as hereinafter provided, to Licensee to erect, in conformance with
13 existing laws on a certain portion of a city street right-of-way
14 adjoining the real property located at the Northwest corner of "F"
15 Street and proposed Century Avenue, said portion of said City stre t
16 being more particularly described in Exhibit "A", attached hereto
17 and incorporated herein by reference as fully as though set forth
18 at length, certain improvements as delineated on the improvement
19 plans for the construction of the Kennedy Cadillac facility,
20 including, but not limited to, landscaping, ornamental block wall,
21 driveway and a sign, at such locations and subject to any require-
22 ments or conditions as may be imposed by the Street Superintendent,
23 Director of Public Works/City Engineer and the Superintendent of
24 the Building and Safety Department of the City.
25
2. In the event that the City declares its intention at
26 any time to widen "F" Street or in the event City terminates
27 this License or any variance that it may grant to Licensee,
28 Licensee will remove and relocate said improvements to a position
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
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 sixty (60)
days after notice in writing by the City.
3. Any removal and relocation of said improvements pursuan
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 against
the City by reason of such removal and relocation.
4. This permission is given to Licensee as an accommodatio
to Licensee and shall be rent free.
5. Licensee hereby acknowledges the title and paramount
interest of City to the street (or to said property) and agrees
never to assail or resist said title or interest to and to observe
present or future set-back requirements relating thereto.
6. This permission is not exclusive to Licensee and
Licensee 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
-2-
1 hereunder shall be hindered or disturbed.
2 8. Licensee's privileges hereunder shall not be assignable
3 by Licensee in whole or in part.
4 9. City reserves the right to terminate the permission
5 hereby given at any time by giving Licensee at least sixty (60)
6 days' written notice of such termination, except that City may, at
7 its election, terminate said permission forthwith at any time if
8 Licensee shall fail to comply with or abide by each and all of
9 the provisions hereof or keep all and singular Licensee's promises
10 herein. Waiver by City of any breach of any term or provision
11 hereof shall not be deemed a waiver of any subsequent breach of th
12 same or any other term or provision hereof.
13 10. Any notice to Licensee hereunder shall be sufficient
14 if served on Licensee personally, or posted on said premises, and
15 if so posted shall be deemed served on the date of posting or
16 mailed to Licensee directed to his last known address, and if so
17 mailed in the state of California shall be deemed served on the
18 business day next following the day of mailing.
19 11. On revocation, surrender or other termination of the
20 permission hereby given, Licensee shall quietly and peaceably
21 surrender the portion of said property occupied by Licensee in
22 as good condition as same was at the time of Licensee's entry
23 thereon hereunder and remove its fence and other things placed
24 by Licensee on said premises hereunder, and if Licensee shall
25 fail to do so City shall have the right to make such removal at
26 Licensee's expense, the amount of which expense Licensee shall
27 pay to City on demand, and, if City shall so elect, it shall have
28 the right to take possession of and appropriate to itself without
-3-
II
I,
II
!
1 payment therefor any property of Licensee, or anyone claiming
2 under it, then remaining on said premises.
3
12. In the event Licensee is two or more persons, then the
4 obligations of Licensee shall be their joint and several obliga-
5 tions and notice given or directed to one of them shall be deemed
6 notice to all.
7
13. This License and Agreement shall terminate five (5)
8 years from the date of the execution hereof unless sooner
9 terminated by City.
10
I 14. This License and Agreement is granted to Licensee in
I anticipation of the future vacation of said described portion of
11
12 "F" Street and the sale or lease thereof to Licensee. The
13 vacation of such portion of "E" Street is considered to be
14 necessary to permit the construction and occupancy of the premises
15 adjoining "F" street by Kennedy Cadillac, Inc. and to provide for
16 the desired width of "F" Street at this location. The City
17 declares that said portion of "F" Street to be vacated is not
18 presently needed for municipal or public street purposes and the
19 only feasible purchaser or lessee of the vacated portion thereof
20 would be the adjoining property owner, the Licensee.
21 IN WITNESS WHEREOF, the parties hereto have executed this
22 agreement on the date first hereinabove written.
23
ATTEST:
24
/J
"
.,' ..''-> /" /,/) 1
jJ;~f:~
1/
25
26
27
28
4
\
I
4
Those ~ortions of Lot 23~ Block 54~ Rancho San Bernardino~ as per plat
thereof recorded in Book 7 of Maps, page 2, records of the County Recorder
of San Bernardino County~ State of California~ described as follows:
Parcel No.1:
Be~inning at the Southwest corner of said Lot 23; thence North 00 37' 33t1
West along the West line thereof, a distance of 455.82 feet to the beginning
of a non-tangent curve~ concave Westerly and having a radius of 1970 feet~ a
o
radial line of said curve at said point bears South 78 48' 45" West; thence
o
Southerly along said curve through a central angle of 13 10' 30"~ a distance
o
of 453 feet; thence South 01 59' 18" West~ a distance of 4.5 feet, more or
less~ to the South line of said Lot 23; thence West along said South line to
the Point of Beginning.
EXCEPTING therefrom the South 30.00 feet as measured at right angles to
the South line of said Lot 23.
Parcel No.2:
Also EXCEPTING therefrom that portion thereof described as follows:
Beginning at the Southeast corner of Parcel No. 1 above; thence West along
the South line thereof, a distance of 15 feet, more or less, to the beginning
of a tangent curve, concave Northwesterly and having a radius of l5.DDfeet,
said curve is also tangent at its Northerly terminus with the East line of
said Parcel No.1; thence Northeasterly along said curve to said East line;
thence Southerly along said East line to the Point. of Beginning. ~
,-
EXHIBIT "A"
~
, .-*'--"-' -_.;-...~_. ..-----....