HomeMy WebLinkAbout1994-337
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RESOLUTION 94-337
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND WILLIAM AUSTIN COMPANY, BY THE MAYOR OF THE CITY OF
SAN BERNARDINO ON BEHALF OF SAID CITY.
BE IT RESOLVED BY THE MA YOR 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
8 City a parking agreement with William Austin Company.
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A copy of said agreement is attached hereto marked Exhibit "A" and incorporated herein
by this reference as fully as though set forth at length.
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SECTION 2. This Agreement shall not take effect until fully signed and executed by
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both parties. The City shall not be obligated hereunder unless and until the Agreement is fully
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14 executed and no oral agreement relating thereto shall be implied or authorized.
SECTION 3. The authorization to execute the above-referenced agreement is rescinded
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16 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
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resolution.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a regular meeting thereon, held on the
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day of October, 1994, by the following vote, to wit:
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94-337
1 RESOLUTION AUTHORIZING AGREEMENT WITH WILLIAM AUSTIN
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3 COUNCIL MEMBERS A YES NA YS ABSTAIN
4 NEGRETE
5 CURLIN
6 HERNANDEZ
7 OBERHELMAN
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DEVLIN
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10 POPE-LUDLAM
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MILLER
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The foregoing resolution is hereby approved this ;Z~ tfv day
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16 of October, 1994.
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Ralph Hernandez, Ma
City of San Be
21 Approved as to form
22 and legal content:
23 JAMES F. PENMAN
City Attorney
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94 337
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6 of notices.
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13 City shall keep the common areas striped, lighted, and clear and free of rubbish and obstructions
14 of any nature. Lessee shall have responsibility for security of the specific spaces leased. City
15 shall not be responsible for removal of unlawful parked vehicles or for the security of
16 automobiles parked in leased spaces.
17 7. Terms Subject to Lease A&reement.
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This Agreement is subject to the terms and conditions of any provisions contained in any
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indenture related to bonds issued for the purchase or expansion of Parking District Lot #3. The
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21 parties recognize that City's right to occupy the subject premises, or to commit the premises to
22 the uses specified in this Agreement, may expire before this Agreement expires by its terms.
23 In such event, this Agreement shall terminate as of such date as City's entitlement to use and
24 control of the lot expires.
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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
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Effective Date of A~reement.
This Agreement shall become effective February 1, 1995.
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.
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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
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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 50%
ownership in said building.
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II.
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
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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.
12. Amendment.
This Agreement may be amended or modified only by written agreement signed by both
15 parties. Failure on the part of either party to enforce any provision of this Agreement shall not
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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.
13. Notices.
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All notices herein required shall be in writing and delivered in person or sent by certified
22 mail, postage prepaid, addressed as follows:
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City
Lessee
24 City of San Bernardino
300 North "D" Street
25 San Bernardino, CA 92418
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William Austin Company
600 Central Ave., #81
Riverside, CA 92507
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6 Agreement shall not be affected and shall be valid and enforceable to the fullest extent permitted
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8 15. Entire A~reement.
9 There are no understandings or agreements except as herein expressly stated. Any
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
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. 94-,337
1 AGREEMENT WITH WILLIAM AUSTIN COMPANY RELATIVE TO PARKING
2 SPACES.
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ATTEST:
CITY OF SAN BERNARDINO
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City Clerk
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TOM MIN R, Mayor
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12 Approved as to form
and legal content:
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14 JAMES F. PENMAN,
City Attorney
William Austin Company
BY
BY:
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BY: