HomeMy WebLinkAbout1994-288
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1 RESOLUTION 94-288
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN
3 BERNARDINO AND ALLAN STEWARD, INC., A CALIFORNIA CORPORATION BY THE
4 MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY, AND
REPEALING RESOLUTION 93-70.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said
City a parking agreement with Allan Steward, Inc.
A copy of said agreement is attached hereto marked Exhibit" A" and incorporated herein
SECTION 2. This Agreement shall not take effect until fully signed and executed by
both parties. The City shall not be obligated hereunder unless and until the Agreement is fully
14 executed and no oral agreement relating thereto shall be implied or authorized.
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18 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
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SECTION 3. This agreement supersedes the agreement approved by Resolution 93-70.
SECTION 4. The authorization to execute the above-referenced agreement is rescinded
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
21 Common Council of the City of San Bernardino at a Tf,olllar meeting thereon, held on the
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19th day of septemb~rI994, by the following vote, to wit:
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'94-288
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15 The foregoing resolution is hereby approvr.d this 22nd day
16 of Septembe., 1994.
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TOM MINOR, Mayor
City of San Bernardino
21 Approved as to form
22 and legal content:
23 JAMES F. PENMAN
City Attorney
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By:
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94-288
1 PARKING AGREEMENT
2 (Downtown Parking District Lot #1)
3 THIS PARKING AGREEMENT (referred to as "Agreement") is entered into between
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the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and Allan
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Steward, Inc. (referred to as "Lessee").
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7 City and Lessee agree as follows:
8 1. Recitals.
9 A. Lessee is the owner of commercial real property in the City of San Bernardino,
10 located at 570 West 4th Street.
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for use by employees, tenants and invitees of the owners said building. Said spaces shall be
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14 undesignated in that no signage or other markings shall identify the spaces as leased to the
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agreement. By November I, 1994, Lessee shall deposit with City the amount of $8,142.93,
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21 of which $7,238.16 will be applied toward the lease payments from April I, 1994 - November
22 30, 1994, with the remainder held as a security deposit for the term of the lease. Thereafter,
23 the lease payment of $904.77 shall be due on the first day of every month.
24 3. Term.
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B.
Lessee has requested to lease eighty-one (81) spaces in Parking District Lot #1
Consideration,
Lessee shall pay to City the sum of $11.17 per month per space, payable monthly, in
advance. This sum shall be increased by 2 % on June 30 of every year for the duration of the
The term of this Agreement shall be 60 months commencing upon the effective
date of this Agreement as set forth in Paragraph 5, and terminating April I, 1999, unless earlier
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This Agreement is subject to the terms and conditions of any provisions contained in any
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21 indenture related to bonds issued for the purchase or expansion of Parking District Lot #1. The
22 parties recognize that City's right to occupy the subject premises, or to commit the premises to
23 the uses specified in this Agreement, may expire before this Agreement expires by its terms.
24 In such event, this Agreement shall terminate as of such date as City's entitlement to use and
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control of the lot expires.
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terminated by either party as provided herein.
4. Termination.
Any violation of this agreement or failure to comply enables City to terminate agreement
without further Council action. 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 April I, 1994.
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.
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8. Hold Harmless.
Lessee agrees to, and shall, hold City, its elective and appointment 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.
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 combined single limits for
bodily injury and 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. Lessee agrees
to obtain a written obligation from the insurers to notify City in writing at least 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
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1 subject of this Agreement without the prior written consent of the City. The parties contemplate
2 that the parking spaces will be devoted to occupants of Lessee's building and customers, business
3 invitees and employees thereof. Any other use shall be grounds for termination of this Lease.
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ownership is said building.
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This Agreement automatically terminates upon any sale or any transfer of more than 50%
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Possessory Interest.
Parties understand that this Agreement herein may create a possessory interest subject
9 to property tax. If a possessory interest is imposed by the County of San Bernardino, lessee
10 agrees to pay such tax. Anything in this paragraph notwithstanding lessee shall have full rights
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to challenge the legality or amount of any such tax.
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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.
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Notices.
All notices herein required shall be in writing and delivered in person or sent by certified
22 mail, postage prepaid, addressed as follows:
23 City
24 City of San Bernardino
25 300 North "D" Street
San Bernardino, CA 92418
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Lessee
Allan Steward, Inc.
1887 Business Center Drive
Suite 3
San Bernardino, CA 92408
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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.
15. Entire Agreement.
There are no understandings or agreements except as herein expressly stated. Any
modifications must be in writing.
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94-288
1 AGREEMENT WITH ALLAN STEWARD, INC. RELATIVE TO PARKING SPACES.
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ATTEST:
CITY OF SAN BERNARDINO
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City erk
B~;;;n~fA
TOM MINOR, Mayor
JAMES F. PENMAN,
City Attorney
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BY:
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