HomeMy WebLinkAbout9300 license and agreement re installment of sign at 2724 Waterman Avenue1,
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF`THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AND
AGREEMENT BETWEEN SAID CITY AND L AND M ENTERPRISES AND HIGHLAND
PHARMACY INC. PERTAINING TO THE INSTALLATION OF A SIGN AT 2724
WATERMAN AVENUE.
BE IT RESOLVED BY THE MAYOR AND THE COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION ONE: That the City of San Bernardino execute a
License and Agreement between said City and L and M Enterprises
and Highland Pharmacy Inc. pertaining to the installation of a
sign at 2724 Waterman Avenue.
SECTION TWO: That the said License and Agreement referred
to herein, a copy of which is attached hereto, marked Exhibit "A"
and referred to and made a part hereof as fully as though set out
at length herein, is hereby approved.
SECTION THREE: That the Mayor and the City Administrator
of the City of San Bernardino are 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 Ber-
nardino at a: meeting thereof, held on the
day of , 1968 b the following vote, to wit:
f zaellAYES Councilmen �'
NOES:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this ,L/day
Of 1968.
Apprted as/to form:
City A torney
Mayo of the Uity Wf San B r
nardino
LICENSE AND AGREEMENT
day of
THIS LICENSE AND AGREEMENT is made and entered into this
19_GL_, by and between_ L and M
Enterprises and Highland Pharmacy Inc.
hereinafter sometimes referred to as "Licensee", and the CITY OF SAN
BERNARDINO, a municipal corporation, hereinafter sometimes referred
to as "Cityi1.
WTTNF9RPTN
For and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1. City hereby gives permission, revocable and terminable as
hereinafter provided, to Licensee to erect, in conformance with
existing laws on a certain portion of ,-)rLmately owned real oro2erty
in the setback area adiaaent to Waterman Avenue, north of Twenty-seventh
street and south of Alexander Street to wit:
2724 Waterman Avenue ,
aclouble faced.free standing, single standard sin 22 feet x 14 feet
3jith an overall height of 28 feet projecting 10 feet more or less into
the setback area
at such location 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 its intention at any time
to widen Guterman Avenue
or in the event City terminates this License or any variance that
it may grant to Licensee, Licensee will remove and relocate said
sign 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 within 15 days after notice in writing by
Licensee shall post a $1,000 bond to assure such
the City so to do. removal and relocation.
3. Any removal and relocation of said
pursuant 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 accommodation
to Licensee and shall be rent free.
5. Licensee hereby ackr~ aledges the title and paramount
interest of City to the street (or tG said property) and agrees
���,ver to assail or resist said title or interest and to observe
preFant or future set -back r-:.iuireinents relating thereto.,
6,. This permission is not exclusive to Licensee and Licen-
see shall have the privilege hereunder only of occupying such
port'i-on of said property as City shall from time to time designate.
79 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 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
IPM
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 sign
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
Licensee, 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:
t clerk
Approved as to form this
day of , 196 P.
Ci y t orney
CITY OF SAN BERNARDINO
By
:Aayo
By
City Administrator
L and 24 E"�ii TERPUSES
ay
Dona.1.3 C. Montgomery
Dy.
HIGHLAND PHARMACY INC.
By
David O. Smith
DRUGS,m VITAMINS* COSMETICS
TR, AI 5 o v Tp.
,uzdf /07,01=-r
ROCKET NEON CO.
2850 TEMPLE AVEWE
LONG BEACH, CALIFORNIA
[ TfTLE
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71?W APPROVAL
PHONE
427-42.02
6�6-4608
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