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~IR OF SAN BERNARD~ - REQUEfJr FOR COUNCIL AC\?oN
From: Ralph H. Prince
Subject:
License with James & Jean Kennedy
3282 North Arrowhead Avenue '
Dept: City Attorney
Date: August 30, 1985
Synopsis of Previous Council action:
At the August 19, 1985 Council meeting, the City Attorney was directed
to prepare a license agreement to authorize an encroachment of a block
wall on the public right-of-way at 3282 North Arrowhead Avenue.
Recommended motion:
Adopt resolution.
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, Signature
Contact person:
Libby Rodriquez
Phone:
5355
Supporting data attached:
Yes
Ward:
Seventh
FUNDING REQUIREMENTS:
Amount:
None
Sou rce:
Finance:
Council Notes:
75-0262
Agenda Item NO~ ?
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT WITH JAMES KENNEDY AND JEAN
3 KENNEDY RELATING TO THE CONSTRUCTION OF A FOUR-FOOT BLOCK WALL
WITHIN THE PUBLIC RIGHT-OF-WAY AT 3282 NORTH ARROWHEAD AVENUE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City a
8 License Agreement with James Kennedy and Jean Kennedy relating to
9 the construction of a four-foot block wall within the public
10 right-of-way at 3282 North Arrowhead Avenue, a copy of which is
11 attached hereto, marked Exhibit "A" and incorporated herein by
12 reference as fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a
meeting thereof, held
, 1985, by the
16 on the
day of
17 following vote, to wit:
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AYES:
Council Members
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20 NAYS:
21 ABSENT:
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City Clerk
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The foregoing resolution is hereby approved this
day of
1985.
Approved as to form:
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City ttorney
Mayor of the City of San Bernardino
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1 LICENSE AGREEMENT
2 (3282 North Arrowhead Avenue)
3 THIS LICENSE AGREEMENT is entered into this day of
4 , 1985, by and between the CITY OF SAN
5 BERNARDINO, a municipal corporation, referred to as "City", and
6 JAMES KENNEDY and JEAN KENNEDY, husband and wife, jointly referred
7 to as "Licensee".
8 City and Licensee agree as follows:
9 1. Recitals.
10 A. Licensee has requested permission from City for the
11 encroachment of a four-foot block wall into the street right-of-
12 way at 3282 North Arrowhead Avenue.
13 B. City is willing to grant permission to Licensee for
14 the construction of a four-foot block wall in the public right-of-
15 way under the conditions set forth in this agreement.
16 2. License Granted. City grants to Licensee permission to
17 construct a four-foot block wall, with wrought iron inserts, 20
18 feet into the street right-of-way on real property located at 3282
19 North Arrowhead Avenue, San Bernardino, California, as depicted 0
20 a drawing on file in the office of the Director of Public Works/
21 City Engineer. ..
22 3. Construction. Licensee agrees to construct the block
23 wall in accordance with said drawing. No alterations or changes
24 in location and construction as shown on the drawing shall be mad
25 without first receiving City's approval.
26 4. Rules and Regulations. Licensee shall observe all rules,
27 regulations, ordinances and enactments of City and all applicable
28 statutes of the State of California in maintaining the block wall.
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5. Title of Property. Licensee acknowledges the title and
paramount interest of City to the public right-of-way and
agrees never to contest said title or interest.
6. Nonexclusive. This permission is not exclusive to
Licensee. Licensee shall have the privilege only of occupying
such portion of the street right-of-way as City shall from time to
time designate.
7. Indemnification. Licensee shall exercise its privileges
hereunder at its own risk. Irrespective of any negligence of
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.
8. Waiver. Waiver by City of any breach of any provision of
this agreement shall not waive any subsequent breach of the same
or any other provision.
9. Notices. All notices relating to this agreement shall
be in writing and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
City of San Bernardino
Attn: Real Property Div.
300 North "D" Street
San Bernardino, CA 92418
James and Jean Kennedy
3282 North Arrowhead Avenue
San Bernardino, CA 92405
10. Assignment. No assignment of this agreement by
Licensee, its successors, legal representatives or assigns, or
any subsequent assignee, shall be binding upon City without the
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written consent of City in each instance.
11. Amendment. This agreement may be amended or modified
only by written agreement signed by both parties.
12. Term. The term of this agreement shall be for a period
of ten years commencing upon the execution of this agreement.
This agreement will renew itself thereafter from year to year
unless either party notifies the other of termination as provided
in Paragraph 17 of this agreement.
13. Consideration. Licensee shall pay to City forthwith
the sum of $500.00 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, costs of administration and
overhead. This agreement shall not be effective until this
consideration has been paid.
14. Free of Liens. Licensee shall payor cause to be paid
all costs of construction of the block 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 block wall.
15. Possessory Interest. Licensee recognizes and
understands that this agreement may create a possessory interest
subject to property taxation under California Revenue & Taxation
Code Section 107 and that Licensee, its successors or assigns
may be subject to the payment of property taxes levied on such
interest. Licensee agrees for itself, its successors and assigns
that any such tax shall be paid promptly when due, and that City
shall be held harmless from any and all liability for any such
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taxes.
16. Maintenance of Block Wall. Licensee agrees on behalf
of themselves, the survivor of them, his or her heirs, and their
assigns, to maintain the block wall in good repair at all times.
Upon notice from City to effect any necessary repair, it is
further agreed to commence such repair immediately and to
diligently prosecute such repair to completion.
17. Termination. Either party may terminate this agreement
at any time by giving the other party at least 15 days' written
notice of termination.
18. Condition of Property Upon Surrender. On termination 0
this agreement, Licensee agrees for themselves, the survivor of
them, his or her heirs, and their assigns to surrender the portio
of said property occupied under the license herein granted in as
good condition as same was at the time of Licensee's original
entry, and to remove the block wall upon demand of, and without
expense to, City. If Licensee shall fail to do so, City shall
have the right to remove the block wall at the expense of
Licensee, who 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.
IN WITNESS WHEREOF, the parties have executed this License
Agreement on the date first above written.
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4 ATTEST:
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CITY OF SAN BERNARDINO
By
Mayor
6 City Clerk
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LICENSEE:
JAMES KENNEDY
JEAN KENNEDY
Approved as to form:
~k/~,.~
City torney
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