HomeMy WebLinkAbout1994-269
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RESOLUTION NO. 94-269
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH RALPH DANIELS AND CLEVELAND
PALMER REPRESENTING CAJUN GARDEN RESTAURANT, 1632 W. FIFTH STREET,
RELATING TO THE LEASE OF PARKING SPACES IN NUNEZ PARK PARKING LOT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1,
The Mayor is hereby authorized and directed to execute
on behalf of said City an Agreement with Ralph Daniels and Cleveland Palmer representing
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9 CAJUN GARDEN RESTAURANT, 1632 W. Fifth Street, relating to the lease of parking
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spaces in Nunez Park parking lot, which Agreement is attached hereto, marked Exhibit "A",
and incorporated herein by reference as fully as though set forth at length.
SECTION 2,
The authorization granted hereunder shall expire and be
14 void and of no further effect if the agreement is not executed by both parties and returned to
15 the office of the City Clerk within 60 days following effective date of the resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting
regular
thereof, held on the 6th
day of Seotember
, 1994, by the following vote, to
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wit:
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II
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8/1/94
94-269
1 RESOLUTION RELATING TO THE EXECUTION OF AN AGREEMENT WITH CAJUN
GARDEN RESTAURANT FOR THE USE OF NUNEZ PARK PARKING LOT.
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COUNCIL MEMBER AYES NAYS ABSTAIN ABSENT
NEGRETE ----'L.
CURLIN x
HERNANDEZ x
OBERHELMAN x
DEVLIN x
POPE-LUDLAM x
MILLER x
The foregoing resolution is hereby approved this
September
, 1994.
21 Approved as to form
and legal content:
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James F. Penman
23 City Attorney
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~CL
CajunRestNuzPk
8/1/94
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~~~
Rac I Clark, City Clerk
g 4 day of
,
/ C3J'Yl
Tom Minor, Mayor
City of San Bernardino
'94-269
ORIGINAL
PARKING AGREEMENT
B.
Lessee has requested the designation of twenty (20) spaces in Nunez
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Designation of Soaces.
City agrees to assign and designate twenty (20) spaces located in Nunez Park
Parking Lot for use by employees, customers and invitees of the Cajun Garden Restaurant.
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94-269
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The designated spaces are illustrated on Exhibit "I" attached hereto and incorporated herein
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by reference.
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14 as provided herein,
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20 City shall provide maintenance and general security at the same times and in
21 the same manner as with all other parking areas owned by City and in the same general
22 geographic area. City shall keep the common areas striped and free of rubbish and
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3.
Consideration.
Lessee shall pay to City the sum of $100.00 per month payable in advance.
Lessee further agrees to pay all costs involved with patching, coating and striping of the
parking lot. The parking lot will be upgraded according to specifications as set forth by City.
Plans for upgrading parking lot will be approved by Director of Parks, Recreation and
Community Services Department and the Public Works/City Engineering Department.
4.
Term.
The term of this agreement shall be for twelve (12) months commencing
September 1, 1994 and terminating August 31, 1995 unless earlier terminated by either party
5.
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.
6.
Maintenance and Security.
obstructions of any nature. Lessee shall have responsibility for security of the specific spaces
leased. City shall not be responsible for removal of unlawfully parked vehicles or for the
security of automobiles parked in leased spaces.
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, 94-269
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7. Hold Harmless.
Lessee agrees to, and shall, hold City, its elective and appointive boards,
commissions, officers, agents and employees harmless from any liability for damage 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 actions at law or in equity for damages caused, or alleged
to have been caused, by reason of any of the operations hereunder.
8. Liabilitv Insurance.
Lessee agrees to procure and maintain in force during the term of this
Agreement and any extension thereof, at its expenses, 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 City's Risk
Management Division at the time this agreement is executed, 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.
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94--269 .
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9.
Assil!nment.
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
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 50% ownership in the Cajun Garden Restaurant.
10. 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.
II. 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
Parks, Recreation and Community
Services Department
City of San Bernardino
547 North Sierra Way
San Bernardino, CA 92410-4816
Cajun Garden Restaurant
1532 W, Fifth Street
San Bernardino, CA 92411
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94-269
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12. 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 not be affected and shall be valid and enforceable to the
fullest extent permitted by law.
13. Entire Al!reement.
There are no understandings or agreements except as herein expressly stated.
Any modifications must be in writing.
CITY OF SAN BERNARDINO
ATTEST:
By~J1~
Tom Minor, Mayor
City of San Bernardino
/~ _ 11 c /1 " ;1
IL -G;".J.,L- C(L/k'_
City k
RALPH DANIELS
By ~~ j)~
CLEVELAND PALMER
By ,;::;~tf!~
22 Approved as to form
and legal content:
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James F. Penman
24 City Attorney
~: B~a_
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Cajun.Rest.Nuz.-u
8/1/94
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