HomeMy WebLinkAbout1994-368
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RESOLUTION 94-368
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND WILLIAM AUSTIN COMPANY, BY THE MA YOR OF THE CITY OF
4 SAN BERNARDINO ON BEHALF OF SAID CITY AND REPEALING RESOLUTION NO.
94-337.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
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 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.
SECTION 2. This Agreement shall not take effect until fully signed and executed by
13 both parties. The City shall not be obligated hereunder unless and until the Agreement is fully
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executed and no oral agreement relating thereto shall be implied or authorized.
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SECTION 3. This Agreement supersedes the agreement approved by Resolution No.
17 94-337.
18 SECTION 4. The authorization to execute the above-referenced agreement is rescinded
19 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
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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 regular meeting thereon, held on the
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5th
day of December, 1994, by the following vote, to wit:
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94-368
1 RESOLUTION AUTHORIZING AGREEMENT WITH WILLIAM AUSTIN COMPANY.
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3 COUNCIL MEMBERS
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15 The foregoing resolution is hereby approved this ~,+f..., day
16 of Decembe:; 1994.
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tOM MINOR, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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94-368
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PARKING AGREEMENT
(Downtown Parking District Lot #3)
THIS PARKING AGREEMENT (referred to as "Agreement") is entered into between
the CITY OF SAN BERNARDINO, a municipal corporation, (referred to as "City"), William
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6 Austin Company, (referred to as "Lessee").
7 City and Lessee a
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8 1. Recitals.
9 A. Lessee is th <~,' /'(/ 1-
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City of San Bernardino,
10 located at 455 North "D"
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B. Lessee has r
5 in Parking District Lot
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ilding.
#3 for use by employees, t,
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2. ConsideratiOl
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Lessee shall pay to C
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1).- . .
___ ..~. opa,^" payable semI-annually,
16 in advance. This sum shall be increased by 2 % on June 30 of every year for the duration of the
17 agreement. By January 15, 1995, Lessee shall deposit with City the amo.unt of $4,800.00
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which will be applied toward the first semi-annual payment, as well as cover the $300.00 cost
for signing. City shall not complete any signing until Lessee has deposited total amount due.
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3.
Term.
22 The term of this Agreement shall be 84 months commencing upon the effective date of
23 this Agreement as set forth in Paragraph 5, and terminating February 1, 2002, unless earlier
24 terminated by either party as provided herein.
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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' wrillen notice from either party, mailed to the address indicated for the receipt
of notices.
5. Effective Date of Agreement.
This Agreement shall become effective February I, 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
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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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.
Upon any sale or any transfer of more than 50% ownership in said building, City must be
notified in writing within 30 calendar days, mailed to the address indicated for the reciept of
notices.
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 notwithstanding 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
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Notices.
22 All notices herein required shall be in writing and delivered in person or sent by certified
23 mail, postage prepaid, addressed as follows:
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Lessee
City
City of San Bernardino
26 300 North "D" Street
27 San Bernardino, CA 92418
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William Austin Company
600 Central Ave., #81
Riverside, CA 92507
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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 not be affected and shall be valid and enforceable to the fullest extent permitted
by law.
IS. Entire Ae:reement.
There are no understandings or agreements except as herein expressly stated. Any
94-368
1 AGREEMENT WITH WILLIAM AUSTIN COMPANY RELATIVE TO PARKING
2 SPACES.
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ATIEST:
CITY OF SAN BERNARDINO
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12 Approved as to form
13 and legal content:
C~~ CL~
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TOM MINOR, Mayor
William Austin Company
14 JAMES F. PENMAN,
City Attorney
BY:
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BY: