HomeMy WebLinkAbout1982-3491
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RESOLUTION NO. 82a-349
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT WITH WESTERN PROPERTIES RELATING
TO THE CONSTRUCTION OF A RETAINING WALL ON THE SOUTH SIDE OF
SIXTH STREET, BETWEEN MT. VIEW AVENUE AND SIERRA WAY.
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
Agreement with Western Properties relating to the construction of
a retaining wall on the south side of Sixth Street, between Mt.
View Avenue and Sierra Way, a copy of which is attached hereto,
marked Exhibit "A" 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 regular meeting thereof, held
on the 16th day of August 1982, by the following
vote, to wit:
AYES: Council Members Castaneda, Reilly, Hernandez,
nuiel, Strickler
NAYS: None
ABSENT: Council T4emberHobbs
City Clerk
The foregoing resolution is hereby approved thi % day
of August 411982.,..E r
roved as to form:
4-� A 0 b
it7'Aktorney
y"or of the' Ci ty of San Bernardino
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LICENSE AGREEMENT
(South Side of Sixth Street, between Mt. View & Sierra Way)
THIS LICENSE AND AGREEMENT is entered into this day of
11 1982, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, referred to as "City", and WESTERN
PROPERTIES, a California General Partnership, referred to as
"Licensee".
City and Licensee agree as follows:
1. Recitals. j
(A) Licensee has requested permission from City to
construct a retaining wall on the south side of Sixth Street,
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between Mt. View Avenue and Sierra Way, to reinforce the original
split face block retaining wall which has developed a tilt.
(B) City is willing to grant permission to Licensee for
the construction of the retaining wall in the public right-of-way
upon the conditions set forth in this agreement.
2. License Granted. City grants to Licensee permission to
construct a gunite concrete retaining wall encroaching
approximately 9 inches into the right-of-way for Sixth Street, and
the footing encroaching about 6 feet under the sidewalk, on the
south side of Sixth Street, between Mt. View Avenue and Sierra
Way, in Tract No. 10942. This permission is subject to any
conditions imposed by the City Engineer or the Superintendent of
the Building and Safety Department of City.
3. Construction. Licensee agrees to construct the retaining
wall in accordance with a drawing on file in the office of the
Director of Public Works/City Engineer. No alterations or changes
in the drawing shall be made without first receiving City's
EXHIBIT A
1 approval.
2 4. Rules and Regulations. Licensee shall observe all rules,
3 regulations, ordinances and enactments of City and all applicable
4 statues of the State of California in installing or maintaining
5 the retaining wall.
6 5. Relocation. If City declares its intention at any time
7 to widen Sixth Street, or if City terminates this license,
8 Licensee will remove and relocate the wall to a position to be
9 designated by the City Engineer, and in the manner required by the
10 City Engineer, Superintendent of Public Services and the
11 Superintendent of the Building and Safety Department of City;
12 said removal or relocation shall commence within 15 days after
13 notice in writing by the City, and shall be diligently prosecuted
14 to completion.
15 6. Cost of Relocation. Removal and relocation of the
16 retaining wall pursuant to paragraph 5 shall be at the sole cost
17 and expense of Licensee and without any cost and expense
18 whatsoever to the City. Licensee shall have no claim or cause of
19 action against the City by reason of such removal and relocation.
20 7. Title of Property. Licensee acknowledges the title and
21 paramount interest of City to the public right-of-way and agrees
22 never to assail or resist said title or interest.
23 S. Nonexclusive. This permission is not exclusive to
24 Licensee. Licensee shall have the privilege only of occupying
25 such portion of the street right-of-way as City shall from time to
26 time designate.
27 9. Indemnification. Licensee shall exercise its privileges
2g hereunder at its own risk. Irrespective of any negligence of
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City, Licensee shall indemnify City against and hold it harmless
from liability resulting from, arising out of, or in any way
connected with, the occupation or use of the street right-of-way
by Licensee, or the invitees or guests of Licensee, or Licensee's
failure to perform its promises. City shall not be liable to
Licensee if Licensee's occupation or use of the property is
hindered or disturbed.
10. Waiver. Waiver by City of any breach of any provision
of this license does not waive any subsequent breach of the same
or any other provision.
11. Notices. All notices relating to this license shall be
in writing and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
City of San Bernardino Western Properties
Attn: Real Property Div. c/o Lewis Homes
300 North "D" Street Attn: Jerry Bryan
San Bernardino, CA 92418 P. O. Box 670
Upland, CA 91786
12. Assignment. No assignment of this license by Licensee,
its successors, legal representatives or assigns, or any
subsequent ass?_gnee, shall be binding upon City without the
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written consent of City in each instance. City shall not
unreasonably withhold its consent.
13. Amendment. This license may be amended or modified only
by written agreement signed by both parties.
14. Term. The terra of this license shall be for a period of
ten years commencing upon the execution of this license. This
license will renew itself thereafter from year to year unless
either party notifies the other of termination in writing at least
15 days before the expiration of any such year.
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15. Ccnsideration. Licensee shall pay to City forthwith
the sum of $1,000.00 as consideration for the issuance of this
license. This sum is deemed to represent actual costs incurred by
City in the granting of this license, including inspection costs,
preparation of conditions, review of plans, costs of
administration and overhead. This license shall not be effective
until this consideration has been paid.
16. Free of Liens. Licensee shall pay or cause to be paid
all costs of construction of the retaining wall and shall keep the
property free and clear of any and all claims arising out of the
performance of work or furnishing of materials for construction of
the retaining wall.
17. Termination. City may terminate this license at any
time by giving Licensee at least 15 days' written notice of
termination.
18. Possessory Interest. Licensee recognizes and
understands that this license may create a possessory interest
subject to property taxation and that Licensee may be subject to
the payment of property taxes levied on such interest. Licensee
shall pay any such tax promptly when due, and agrees to and shall
hold City harmless from any and all liability for any such taxes.
19. Maintenance of Wall. Licensee agrees to maintain the
retaining wall in good repair at all times. Upon notice from City
to effect any necessary repair, Licensee agrees to commence such
repair immediately and to diligently prosecute such repair to
completion.
20. Condition of Property Upon Surrender. On termination of
this license, Licensee shall surrender the portion of said
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property occilpied by Licensee in as good condition as same was at
the time of Licensee's entry, and shall remove the retaining wall
at Licensee's expense. If Licensee shall fail to do so, City
shall have the right to remove the wall at Licensee's expense.
Licensee shall pay the amount of the expense to City on demand.
City may elect to take possession of and appropriate to itself
without payment any property of Licensee, or anyone claiming under'
Licensee, which Licensee fails to remove after notice.
21. Reestablishment of Existing Landscaping. Upon
completion of the retaining wall, Licensee agrees, at its expense,
to perform all work necessary to reestablish landscaping in at
least as good condition as same was prior to the construction of
the retaining wall.
IN WITNESS WHEREOF, t1he parties have executed this License
and Agreement on the date first above written.
ATTEST:
,City Clerk
Approved as to form:
C3
City Att' orney
CITY OF SAN BERNARDINO
By
Mayor
WESTERN PROPEI:TIES,
a California General Partnership
By
A Partner
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