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HomeMy WebLinkAbout9845 24 25 26 27 ' 281 29 day of 30 31 32 ]! . Ii Ii .t Ii II 1 'I i 21 31 4 5 6 , 711 Ii 8'1 911 I, ,. :i 10 :1 I I 111 12 13 14 15 16 17 18 19 20 21 22 23 10.05 Colton Ave FI LED MAY 29 1969 -a ./ JACK T. ;~~itY Clerk RESOLUTION NO. tJ ~ ~--/4. . .......DaVIY A RESOLUTION OF THE MAYOR AND COMMON COUNCIL THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AND AN AGREEMENT WITH DOUBLEDAY BROADCASTING COMPANY, INC., A TEXAS CORPORATION, GRANTING PERMISSION TO CONSTRUCT A SIGN IN PORTIONS OF COLTON AVENUE, OOUTH OF HILLCREST AVENUE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. That the City of San Bernardino execute a License and an Agreement with Doubleday Broadcasting Company, Inc., a Texas Corporation, granting permission to construct a sign in portions of Colton Avenue, south of Hillcrest Avenue. Section 2. That a copy of said License and Agreement is attached hereto, marked Exhibit "A" and referred to and made a part hereof as fully as though set forth at length herein. Section 3. That the Mayor of the City of San Bernardino 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- dino at a-J'/ /? t ~ $~' ","1,; Nf'/h..v meet ing thereof held on the &.C~ day f ~!_ , 1969, by the following vote, to-wit : 7/tJ ~jAo ~~ d__J / ~ ) NOES: ABSENT : ~cfJmr~' The foregoing resolution is hereby approved this .1 '7;;e- / /11~f , 1969. Wal)tthr;~~'dinn ;{//~--, L .. Q~Ir:;,:t'.!:_:;E /'1:]) !~C,FF,I~:'iEi\T -.--... .-..--., +-.... "..--_.-...~-.__.. .-.- '...-.--....-.<..--+..-.- o THIS LICENSE AND l\GREEN'ENT is mc:c1c end cnt(~red into this u<:'y of _______,_____...__________.. 19_____. by and bctl-;'-en.______________________._______ _Doubleqgy Brq_~dca "?"'1:.illiL Co..!!l"@!:lY--,-_lllQ..!_.__{Ld!:l_Xas-,_Q.Qr para tjpn~________ __________ ..~---+~-,---_.---------_~.~_..__._~___L~_-.._~.__~~____~_~___._______~_ hereinafter sometimes referred to B_S "Licensee", an(1 the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter somctimes referred to &_s "Ci ty" . \H1NESSI~'fl:!.: For and in consideration of the mutual promises and cov(~nants herein contained, the parties her-eto do hereby agree as follo\1s:_ L City hereby gives pennission, revocable and terminable as hereinafter provided, to Licensee to erect, in conformance with exis ting laws on a certain portion of the unu?ed street .easement of Colton Avenue south of Hillcrest Avenue and weste~.of the railroad tracks in front of K.R.N.O. Radio Station at 990 West Colton ~ .1 -. Avenue~ Qity of San Bernardino, California, two electric illuminated -billboard signs 10 feet by 25 feet at such lodation 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 Improve to '~__~m:llohrjY'>Y'YI1Il1'YColtOI) Avenue its intention at any time -----,.- / /< or in the event City terminates this Licens<e or any variance that it may grant to Licensee, Licensee will remove and relocate said signs 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 \>lithin 15 days after notice in writing by the City so to do. 3. Any removal and relocation of said ___-llj,.9:!1.~____-':"__ pursuant to the foregoing puragraph shall be at the so~e cost and expense of Licensee and vlithout any cost aild e}:pem:e whatsoever to the City, ar,cl Licensee s11a1.1 h,we no claim or cause of action EXJOBOT "A" --::;:';"~"'~;;:- . . o o against the City by reason of such removal and relocation. 4. This permission is g~ven to Licensee as an accommodation to Licensee and shall be rent free. 5. . Licensee hereby acL';dedg'~s the title and paramount interest of City to the street (or tG s&i~ property) and agrees neVer to assail or resist said title or interest and to observe prep,.mt or future set-back r",uirements relating thereto, 6. This permission is not exclusive to Licensee and Licen- see sl:all have the privilege hereunder only of occupying such portion of said property as City shall from time to time desigaate. 7. Licensee s ha 11 exerc ise Licensee's pri vi leges hereunder at Licensee's own sole risk, and, irrespective of any negligence of City, Licensee shall indemnify City against and hold it har~m- 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 - ,'I. i' , ' !Ii , , .. ~ .' o o . 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 signs 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 ~icensee, 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 obliga- tions 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 'CbJ f ~ . y Cler By By Approved as to form this ____day of , 196__. ~ J. ty torney City Administrator DoJlbleday Broadcasting Company, Inc. "By: A Texas Co ration By: eorge ilrro , Vice President-General Manager By:~~ Ron Tbrithart, Business Manager 1'~ '.. ,f ,.,./, . i i .. " , I , I I 1 i .: , i i i , I , If) , , i I I - i ~ , i , I I I : , , -, " b t1 f i I !' , " , I I r - . , ' . '