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Home My WebLink About1999-278 .' , - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 1999 278 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH SAN BERNARDINO ASSOCIATED GOVERNMENTS TO LEASE TWENTY NINE (29) PARKING SPACES IN CENTRAL . CITY PARKING DISTRICT LOT NO.3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, a Parking Agreement with San Bernardino Associated Governments, a copy of which is attached hereto as Exhibit "A" and made a part hereof. SECTION 2. The authorization to execute the above referenced Agreement is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this resolution. /1/ /1/ /1/ /1/ /1/ /1/ /1/ /1/ /1/ /1/ //1 /1/ 10/19/99 1 21 22 23 24 25 26 27 28 1999-278 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH SAN BERNARDINO ASSOCIATED GOVERNMENTS TO LEASE 2 TWENTY NINE (29) PARKING SPACES IN CENTRAL CITY PARKING DISTRICT LOT NO.3 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof 6 7 8 9 10 11 12 13 14 15 16 17 18 19 held on the 1st day of November , I 9~, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x x MCGINNIS SCHNETZ x (VACANT _5TH Ward) ANDERSON x MILLER x ()"'~~ ~le,rk 20 The foregoing resolution is hereby approved this 3d day of November /' ,19~. Approved as to form and legal content: C:~ (' L L4--- DITH V ALLES, Mayor ty of San Bernardino JAMES F. PENMAN City ttomey /) I , 2 " 1999-278 PARKING AGREEMENT (Downtown Parking District Lot No.3) THIS PARKING AGREEMENT (referred to as "Agreement") is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and San Bernardino Associated Governments (referred to as "Lessee). City and Lessee Agree as follows: 1. Recitals A. Lessee is located at 472 North Arrowhead Avenue. B. Lessee has requested the designation of twenty-nine (29) spaces in Parking District Lot No.3 for use by employees, tenants and invitees of the owners said building. 2. Consideration Lessee shall pay to the City the sum of$25.00 per month per space, payable semi- annually, in advance. This sum shall be adjusted on the 30th day of June every year for the duration of the Agreement, based on changes in the Los Angeles/Long Beach consumer price index, provided said adjustment shall be limited to a maximum often percent (10%) annually. Upon acceptance of this Agreement, Lessee shall deposit with the City the amount of$4,350.00 which will be held by the City as a performance bond, equal to six (6) months lease payments and the estimated cost of striping and/or signing the spaces. Parties agree that if the contract is terminated within the first six (6) months, damages would be difficult to calculate, and that the performance guarantee would be forfeited as liquidated damages. City agrees to apply the performance bond funds towards the first semi-annual payment, less cost of signing and/or striping. 10/19/99 EXHIBIT "A" 1 1999-278 Agreement with San Bernardino Associated Governments for Lease of Parking Spaces - District Parking Lot No.3 3. Term The term of this Agreement shall be 60 (sixty) months commencing upon the effective date of this Agreement as set forth in Paragraph 5 and terminating November 30, 2004, unless earlier terminated by either party as provided herein. 4. Termination This lease may be terminated without cause upon thirty (30) calendar days' written notice from either party, mailed to the address indicated for the receipt of notices. 5. Effective Date of Agreement This Agreement shall become effective December 1,1999. 6. Maintenance and Security City shall provide maintenance and general security at the same time and in the same manner as with all other parking areas owned by City and in the same general geographic area. City shall keep the common areas striped, lighted, and clear and free of rubbish and obstructions of any nature. Lessee shall have responsibility for security of the specific spaces leased. City shall not be responsible for removal of unlawful parked vehicles or for the security of automobiles parked in leased spaces. 7. Terms Subiect to Lease Agreement This Agreement is subject to the terms and conditions of any provisions contained in any indenture related to bonds issued for the purchase or expansion of Parking District Lot 3. The parties recognize that City's right to occupy the subject premises, or to commit the premises to the uses specified in this Agreement, may expire before this Agreement expires by its terms. 10/19/99 2 1999-278 Agreement with San Bernardino Associated Governments for Lease of Parking Spaces - District Parking Lot No.3 In such event, this Agreement shall terminate as of such date as City's entitlement to use and control of the lot expires. 8. Hold Harmless Lessee agrees to, and shall, hold City, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damages or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Lessee's operations under this Agreement, whether such operations be by Lessee, its officers, employees, tenants or invitees, or by anyone or more persons directly or indirectly employed by or acting as agent for Lessee. Lessee agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or sections at law or in equity for damages caused, or alleged to have been caused, by reason of any of the operations hereunder. 9. Liability Insurance Lessee agrees to procure and maintain in force during the term of this Agreement and any extension thereof, at its expense, public liability insurance adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around said parking spaces, in a minimum amount of $1 ,000,000 for injuries in anyone accident, and $100,000 for property damage. Such insurance policies shall provide coverage for City's contingent liability on such claims or losses. City shall be named as an additional insured. A certificate of insurance shall be delivered to the Real Property Section, Development Service 10/19/99 3 1999-278 Agreement with San Bernardino Associated Governments for Lease of Parking Spaces - District Parking Lot No.3 Department. Lessee agrees to obtain a written obligation from the insurers to notify city in writing at least thirty (30) days prior to cancellation or refusal to renew any such policies. 10. Assignment This Agreement shall constitute a revocable license and does not constitute an easement or covenant running with the land. Lessee shall not assign any parking spaces which are the subject of this Agreement without the prior written consent of the City. The parties contemplate that the parking spaces will be devoted to occupants of Lessee's building and customers, business invitees and employees thereof. Any other use shall be grounds for termination of this Lease. This Agreement automatically terminates upon any sale or any transfer of more than fifty percent (50%) ownership in said building. 11. Possessory Interest Parties understand that this Agreement herein may create a possessory interest subject to property tax. If a possessory interest is imposed by the County of San Bernardino, Lessee agrees to pay such tax. Anything in this paragraph not withstanding Lessee shall have full rights to challenge the legality or amount of any such tax. 12. Amendment This Agreement may be amended or modified only by written agreement signed by both parties. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a continuous waiver of the right to compel enforcement of such provision or provisions, nor shall such waiver be construed as a release of any surety from its obligations under this Agreement. 10/19/99 4 1999-278 Agreement with San Bernardino Associated Governments for Lease of Parking Spaces - District Parking Lot No.3 13. Notices All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: City Lessee Michael E. Hays, Director Development Services Department City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 San Bernardino Associated Governments 472 North Arrowhead Avenue San Bernardino, CA 92401-1421 14. Validity If any terms, condition, provision or covenant of this Agreement shall to any extent be judged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of competent jurisdiction, each and all remaining terms, conditions, promises and covenants of this Agreement shall be affected and shall be valid and enforceable to the fullest extent permitted by law. /1/1/ 1//1/ 1//1/ 1/1// 1/1// 1/1// 1/1// 1/1// 10/19/99 5 1999-278 . Agreement with San Bernardino Associated Governments for Lease of Parking Spaces - District Parking Lot No.3 15. Entire Agreement There are no understandings or agreements except as herein expressly stated. Any modifications must be in writing. ATTEST: CITY OF SAN BERNARDINO Q~~~ City~lerk By: dith Valles, Mayor SA RNARDINO ASSOCIATED GOVERNMENTS #;::.~c<c .cc~<:. c:: .' Robert Christman President .===-.... Approved as to form and legal content: 7.~ APPROVED AS TO FORM DATE //- /J'-~ 97 Alan K. Marks, COUNTY COUNSEL SAN ~~. CALIFORNIA BY .. ~ DEPUTY JAMES F. PENMAN, City Attorney 10/19/99 6