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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 /
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NOES:
ABSENT :
~cfJmr~'
The foregoing resolution is hereby approved this
.1 '7;;e-
/
/11~f
, 1969.
Wal)tthr;~~'dinn
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-.--... .-..--., +-.... "..--_.-...~-.__.. .-.- '...-.--....-.<..--+..-.-
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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
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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
-----,.-
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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"
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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
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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
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