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HomeMy WebLinkAboutResolution - 2780 STATE OF CALIFORNIA ) RESOLUTION NO. 2780 COUNTY OF RIVERSIDE)ss *ftr CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AUTHORIZING THE GRANT OF LICENSE FOR CABLES FROM ("GRANTOR") AMERICAN LEGION POST 848 AND MAIN STREET REALTY TO ("CITY") CITY OF SAN JACINTO WHEREAS, the City of San Jacinto has the authority to enter into a contract for a grant of license for cable placement with ("Grantor") American Legion Post 848 and ("Grantor") Main Street Realty in order to transact its business by communicating through City's Cables to be located on the Grantors real property: and WHEREAS, the Grantors are the present owners of the real property located in the City of San Jacinto, California (shown in Exhibit "A"); and WHEREAS, the location of the real property makes placement of the City's City Hall inter-office communications cables on the property necessary and convenient for the City's purposes of providing public services through City Cables. NOW THEREFORE, BE IT RESOLVED by the Mayor and the City Council of the City of San Jacinto, California, that the City be authorized to enter into contracts authorizing the Grant of License for Cables with ("Grantor") American Legion Post 848 and ("Grantor") Main Street Realty. PASSED, APPROVED AND ADOPTED this 181h day of August 2005 by the following vote: Ayes: Ayres, Shaw, Stubblefield, Carlson Buydos Nays: None Abstain: None Absent: Ritchie City of San,Jacinto by Mayor Chris Carlson Buydos ATTEST: �Y UW D6rothy L. C inard, City Clerk GRANT OF LICENSE FOR CABLES TO CITY OF SAN JACINTO 1. Parties and Date THIS GRANT OF CABLE LICENSE ("License") is made as of this 181" day of August, 2005 by and between the City of San Jacinto, a municipal corporation duly organized under the laws of the State of California, located at 201 East Main Street, San Jacinto, CA 92583 ("City"), and American Legion Post 848, a corporation duly organized under the laws of California with its principal place of business at 312 E. Main Street, San Jacinto, CA 92583 ("Grantor") City and Grantor are sometimes individually referred to as "Party" and collectively as "Parties" in this License. 2. Recitals and Grant Grantor is the present owner of certain real property ("Subject Property") located in the City of San Jacinto, California as more particularly shown in Exhibit "A" attached hereto and incorporated herein by reference. The particular location of the Subject Property within the City of San Jacinto makes placement of City's City Hall inter-office communications cables ("Cables") on the Subject Property necessary and convenient for City's purposes of providing public services through City's Cabtes. City therefore desires to obtain an license upon the Subject Property in order to transact its business by (among other things) communicating through City's Cables to be located on the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND AGREEMENTS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: For good and sufficient consideration of one dollar ($1), receipt of which is hereby acknowledged, and subject to the conditions contained herein, Grantor hereby conveys and grants to City, its authorized agents, successors and assigns the following: The sole and exclusive right and privilege to enter upon the Subject Property in order to install, use, inspect, repair, maintain, and remove sound amplifying Cables and necessary affixing hardware for the purposes of communicating between offices of City Hall. Specifically, City shall install its Cables in the area shown in Exhibit "A". Any other access to such property and equipment belonging to Grantor as is necessary or convenient to the exercise of the above-conferred rights; provided, however, that in exercising its rights pursuant to this section, City shall, to the greatest extent feasible, enter and exit the Subject Property across such driveways and parking areas as may exist from time to time on the Subject Property. City shall exercise its rights under this License, including the playing of the Cables, in such a manner as to not unreasonably cause interference with Grantor's reasonable use of the Subject Property. Page 1 3. Status of Cables/Hardware The Cables and related hardware installed pursuant to this License shall remain the property of the City, its heirs, assigns and successors in interest and shay in no event become property of Grantor under this License. Grantor shall have no duty to repair or maintain the Cables, nor shall Grantor have the right to use City's Cables under this License. City shall remain solely responsible for the repair and maintenance of City's Cables, or the removal thereof, during the term of this License. 4. Duty to Restore Upon City's removal of the Cables and hardware installed pursuant to this License, City shall return that portion of the Subject Property affected by the installation of City's Cables to its original condition, normal wear and tear excepted. 5. Term The License conferred hereby shall commence upon the full execution of this License and shall terminate upon the permanent installation of the Cables on the utility poles of Southern California Edison (SCE). 6 Irrevocability Grantor shall not have the right to cancel, alter, revoke, or terminate this License or any of the rights granted to City by this License except for cause. For purposes of this License, "for cause" shall be limited to a substantial and material breach of any of the covenants or promises contained in this License by the City. 7, Running of Benefits and Burdens The License granted hereby imposes on the Subject Property, a License in favor of the City. its successors and assigns. This License and the terms, provisions, promises, covenants and conditions hereof shall run with the Subject Property, such that said License shall inure to the benefit of and bind, the successors in interest and any owner of any interest in said property, whether by voluntary conveyance or otherwise. 8. Notice All notices, demands, and communications by either party to the other shall be in writing and shalt be sufficiently given and served upon the other party, if delivered by hand or dispatched by registered or certified mail, postage prepaid, return receipt requested, and addressed to the party's principal office as set forth below (or such other addresses as either party shall later designate for such purposes by written notice to the other party): City of San Jacinto: Grantor: American Legion Post 848 201 East Main Street 312 East Main Street San Jacinto, CA 92583 San Jacinto, CA 92583 ATTN- City Manager Page 2 Any notice shall 'be deemed received immediately if delivered by hand, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 9. Transferability Ncthing in this License shall be construed as preventing Grantor from transferring any ownership interest in the Subject Property to a successor; provided however, this License shall be binding on the heirs, assigns and successors in interest of the respective parties. Grantor shall attach a copy of this License to any document transferring any interest in the Subject Property to any successor in interest during the term of this License. 11. Severability If any one or more of the terms, provisions, promises, covenants or conditions of this License shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this License shall not be affected and shall be valid and enforceable to the fullest extent permitted by law. 12. Indemnification Grantor hereby agrees to defend, indemnify and hold City, its officials, officers, employees, agents and volunteers harmless from and against all claims, causes of action, demands, damages, expenses, iosses and liability, in law or equity, for injury to any person ti.. (including wrongful death) or damage to any property to which City may be subject to the extent that the same are the result of an error, omission or negligent or willful act of Grantor, his employees, agents or volunteers in any manner arising out of or incident to the performance of his duties under this License, including, without limitation, the payment of all reasonable attorney's fees, expert fees; and related costs and expenses of defense or indemnification. 13. Governing Law The laws of the State of California shall govern the interpretation and enforcement of this License. Venue shall be in Riverside County. 14. Waiver All waivers of and amendments to the provisions of this License must be in writing and signed by the appropriate authorities of Grantor and City. The waiver by Grantor and City of any breach of any term, covenant, ar condition contained in this License shall not be deemed to be a waiver of such term, covenant or condition, or any subsequent breach of the same or any other term, covenant or condition contained in this License. Failure on the part of Grantor and City to require or exact full and complete compliance with any of the covenants or conditions of this License shall not be construed as in any manner changing the terms of this License and shall not prevent such waiving party from enforcing any provision of this License Page 3 15 Attorney's Fees If the Grantor or City institutes any action or proceeding which is in any way related to or arises cut of the existence of this License, the prevailing party, in such action or proceeding shall be entitled to recover from the non-prevailing party, in addition to all other relief to which the prevailing party may be entitled, the prevailing party's reasonable attorneys fees and costs of litigation. Recoverable fees and costs include those incurred on appeal and in the enforcement of any judgment. 16. Time of Essence Time is of the essence for each and every provision of this License. 17. Entire Acareement: Amendment This License contains the entire agreement and understanding of the Parties with respect to the subject matter of this License, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied. Any modifications to this License must be in the form of a written amendment agreed to by the Parties or their respective heirs, assigns or successors in interest. 18. Counterparts This License may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same License. IN WITNESS WHEREOF, this instrument is executed on this 4� day of �005. "GRANTOR" AMERICAN LEGION POST 848 a California corporation By: 2L, � c PRINTED NAME_ r�- "CITY" CITY OF SAN JACINTO a California municip�j corporation By: Chris Cahson aydos, Mayor Page 4 ATTEST- Dorothy L. Choui 0 rd, City Cleric APPROVED AS TO LEGAL FORM: BEST E��SAAT & ER LLP Y1� ity Attorney CERTIFICATE OF ACCEPTANCE Pursuant to California Government Code Section 27281, this is to certify that the interest in real property conveyed by this License dated , 2005, from American Legion Post 648, a corporation, duly organized under th laws of the State of California with its principal place of business at 312 E. Main Street ("Grantor") to the City of San Jacinto, a California municipal corporation ("City"), is hereby accepted pursuant to authority conferred by Resolution No. Z�+�1O of the City Council of the City of San Jacinto adopted on August 18, 2005, and the City consents to recordation thereof by its duly authorized officer. Dated: l t�e-- !r� , 2005 By l c wv r D cthy L. C V uinard, City Clerk Page 5 • a C i w , •�[' -�.+_�p'�r'v�.f`iblY7i:�'.`. `,:�e� �r=•V' sx'.� :a.... will i 1 }'_ cgs R ° 4• a .:lF'.. ,W 41 I4 AL PC 41 i j + M . r Yi. S' '.Z£'<•.1t�_7 � ti' CTi=11 c1 Tt'C' GRANT OF LICENSE FOR CABLES TO CITY OF SAN JACINTO 1. Parties and Date THIS GRANT OF CABLE LICENSE ("License") is made as of this 18" day of August, 2005 by and between the City of San Jacinto, a municipal corporation duly organized under the laws of the State of California, located at 201 East Main Street, San Jacinto, CA 92583 ("City"), and Main Street Realty, a corporation duly organized under the laws of California with its principal place of business at 268 E. Main Street, San Jacinto, CA 92583 ("Grantor") City and Grantor are sometimes individually referred to as "Party" and collectively as "Parties" in t.�is License. 2. Recitals and Grant Grantor is the present owner of certain real property ("Subject Property") located in the City of San Jacinto, California as more particularly shown in Exhibit "A" attached hereto and �.. incorporated herein by reference- The particular location of the Subject Property within the City of San Jacinto makes placement of City's City Hall inter-office communications cables ("Cables") on the Subject Property necessary and convenient for City's purposes of providing public services through City's Cables. City therefore desires to obtain an license upon the Subject Property in order to transact its business by (among other things) communicating through City's Cables to be located on the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND AGREEMENTS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS For good and sufficient consideration of one dollar ($1), receipt of which is hereby acknowledged, and subject to the conditions contained herein, Grantor hereby conveys and grants to City, its authorized agents, successors and assigns the following: The sole and exclusive right and privilege to enter upon the Subject Property in order to install, use, inspect, repair, maintain, and remove sound amplifying Cables and necessary affixing hardware for the purposes of communicating between offices of City Hall. Speci=icaliy, City shall install its Cables in the area shown in Exhibit "A". Page 1 Any other-access to such property and equipment belonging to Grantor as is necessary or convenient to the exercise of the above-conferred rights; provided, however, that in exercising its rights pursuant to this section, City shall, to the greatest extent feasible, enter and exit the Subject Property across such driveways and parking areas as may exist from time to time on the Subject Property. City shall exercise its rights under this License, including the playing of the Cables, in such a manner as to not unreasonably cause interference with Grantor's reasonable use of the Subject Property. 3. Status of Cables/Hardware The Cables and related hardware installed pursuant to this License shall remain the property of the City, its heirs, assigns and successors in interest and shall in no event become property of Grantor under this License. Grantor shall have no duty to repair or maintain the Cables, nor shall Grantor have the right to use City's Cables under this License. City shall remain solely responsible for the repair and maintenance of City's Cables, or the removal thereof, during the term of this License. k. Duty to Restore Upon City's removal of the Cables and hardware installed pursuant to this License, City shall return that portion of the Subject Property affected by the installation of City's Cables to its original condition, normal wear and tear excepted. 5. Term w The License conferred hereby shall commence upon the full execution of this License and shall terminate upon the permanent installation of the Cables on the utility poles of Southern California Edison (SCE). ti. Irrevocability Grantor shall not have the right to cancel, alter, revoke, or terminate this License or any of the rights granted to City by this License except for cause. For purposes of this License, "for cause" shall be limited to a substantial and material breach of any of the covenants or promises contained in this License by the City. 7. Running of Benefits and Burdens The License granted hereby imposes on the Subject Property, a License in favor of the City, its successors and assigns. This License and the terms, provisions, promises, covenants and conditions hereof shall run with the Subject Property, such that said License shall inure to the benefit of and bind, the successors in interest and any owner of any interest in said property, whether by voluntary conveyance or otherwise. Ilrl UP Page 2 8 Notice A;I notices, demands, and communications by either party to the other shalt be in writing and shall be sufficiently given and served upon the other party, if delivered by hand or dispatched by registered or certified mail, postage prepaid, return receipt requested, and addressed to the party's principal office as set forth below (or such other addresses as either party shall later designate for such purposes by written notice to the other party): City of San Jacinto: Grantor: Main Street Realty 201 East Mair Street 288 East Main Street San Jacinto, CA 92583 San Jacinto, CA 92583 ATTN: City Manager Any notice shall be deemed received immediately if delivered by hand, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail 9. Transferability Nothing in this License shall be construed as preventing Grantor from transferring any ownership interest in the Subject Property to a successor, provided however, this License shall be binding on the heirs, assigns and successors in interest of the respective parties. Grantor shall attach a copy of this License to any document transferring any interest in the Subject Property to any successor in interest during the term of this License. Yr.. 11, Severability If any one or more of the terms, provisions, promises, covenants or conditions of this License shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this License shall not be affected and shall be valid and enforceable to the fullest extent permitted by law. 12. Indemnification Grantor hereby agrees to defend, indemnify and hold City, its officials, officers, employees, agents and volunteers harmless from and against all claims, causes of action, demands, damages, expenses, losses and liability, in law or equity, for injury to any person (including wrongful death) or damage to any property to which City may be subject to the extent that the same are the result of an error, omission or negligent or willful act of Grantor, his employees, agems or volunteers in any manner arising out of or incident to the performance of his duties under this License, including, without limitation, the payment of all reasonable attorney's fees, expert fees, and related costs and expenses of defense or indemnification. rnr rrrr trn Page 3 13. Governing Law The laws of the State of California shall govern the interpretation and enforcement of this License. Venue shall be in Riverside County. 14, Waiver All waivers of and amendments to the provisions of this License must be in writing and signed by the appropriate authorities of Grantor and City. The waiver by Grantor and City of any breach of any term, covenant, or condition contained in this License shall not be deemed to be a waiver of such. term, covenant or condition, or any subsequent breach of the same or any other term, covenant or condition contained in this License Failure on the part of Grantor and City to require or exact full and complete compliance with any of the covenants or conditions of this License shall not be construed as in any manner changing the terms of this License and shall not prevent such waiving party from enforcing any provision of this License. 15. Attorn�Fees If the Grantor or City institutes any action or proceeding which is in any way related to or arises out of the existence of this License, the prevailing party, in such action or proceeding shall be entitled to recover from the non-prevailing party, in addition to all other relief to which the prevailing party may be entitled, the prevailing party's reasonable attorneys fees and costs of litigation. Recoverable fees and costs include those incurred on appeal and in the enforcement of any judgment. 16 Time of Essence Time is of the essence for each and every provision of this License. IT Entire Agreement; Amendment This License contains the entire agreement and understanding of the Parties with respect to the subject matter of this License, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied. Any modifications to this License must be in the form of a written amendment agreed to by the Parties or their respective heirs, assigns or successors in interest, 1//I Ill/ Ill/ IN IN r.lu Page 4 18 Counterparts This License may be executed in two (2) or more counterparts, each of which shall be deemed an original, but aft of which taken together shall constitute one in the same License. IN WITNESS WHEREOF, this instrument is executed on this Ik day o14#&42005. "GRANTOR" MAIN STREET REALTY See Separate Sheet By: PRINTED NAME "CITY" CITY OF SAN JACINTO a Califom&m �alcorporation By. Chris Baydos, Mayor ATTEST: rothy L. Ch uinard, City Clerk APPRO ED AS T GAL FORM: BEST B T & I G R LLP V, City Attorney CERTIFICATE OF ACCEPTANCE Pursuant to California Government Code Section 27281, this is to certify that the interest in real property conveyed by this License dated , 2005, from Main Street Realty, a corporation. duly organized under the taws of the 8tate of California with its principal place of business at 288 E. Main Street ("Grantor") to the City of San Jacinto, a California municipal corporation ("City"), is hereby accepted pursuant to authority conferred by Resolution No. Zll"O of the City Council of the City of San Jacinto adopted on August 18. 2005, and the City consents to recordation thereof by its duly authorized officer dated: I 2005 By: D othy L. Ch inard, City Clerk Page 5 18. Counterparts `r This License may be executed in two (2) or more counterparts, each of which shall he deemed an oricinal, but all of which taken together shall constitute one in the same License. �, ; I,w� IN WITNESS WHEREOF, this instrument is executed on this c day of , 2005 "GRANTOR" M TREET REALTY By: M1�. PRINTED NAME Cv,,A k V V� F,YI'1 "CITY" i CITY OF SAN JACINTO a California municipal corporation By: Chris Carlson I3aydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO LEGAL FORM: S=jT 3EST & KRIEGER L L P City Attorney CER71FICA7E OF ACCEPTANCE Pursuant to Caiifornia Government Code Section 27281, this is to certify that the interest in real property conveyed by this License bated , 2005, from Main Street Realty, a corporation, ds.;y organized under the laws of the State of California with its principal pla,e of business at 288 E. Main Street ('Grantor") to the City cf San Jacinto, a California m ;•0 .3I carcGrat:on ("C ty") �s hereay acre cad pursl,a^t to 3.:`..hC( y con`arr y F Nc. cttha City Council cf the City of San Jacinto adopiad on August 18. 2005: the City cons-ants to recc-dation thereof by its duly authorized c" r. Dated , 2005 By: Dorothy L. Chouinard, City Clerk Pad.. 5 �ti. r�,� _ 4 tin- ��• IZ an i DATE&PF{Q RIB s x wo Ift Ab i t ,• re N �' f J� F 0 4 _ r .... ?r l.1 V VJ• V7=r7i':iia Lee