HomeMy WebLinkAbout1993-367
1
---.---
C...--_
RESOLUTION 93-367
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO ASSOCIATED
3 GOVERNMENTS TO LEASE FOUR (4) PARKING SPACES IN CENTRAL CITY
4 PARKING DISTRICT LOT #3.
5 WHEREAS, SANBAG has acquired a modular unit that covers four existing parking
6 spaces; and
7
8
9
past,
10
11
12
13
14
15
16
WHEREAS, the development permit is contingent upon replacing those four spaces; and,
WHEREAS, the City of San Bernardino has leased parking spaces in District lots in the
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 a Parking Agreement with San Bernardino Associated Governments, a copy of which is
attached hereto and incorporated herein, marked Exhibit" A".
SECTION 2. The above-referenced Agreement may only be amended by action of the
17 Mayor and Common Council.
--
resolution.
22 IIIII
23 IIIII
24 IIIII
25
26
27
IIIII
IIIII
IIIII
28 IIIII
SECTION 3. The authorization to execute the above-referenced Agreement is rescinded
93-367
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO ASSOCIATED
2 GOVERNMENTS TO LEASE FOUR (4) PARKING SPACES IN CENTRAL CITY
PARKING DISTRICT LOT #3.
3
4
5
6
7
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a reqular meeting thereof, held on the
4th
day of October
, 1993, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
x
---1L
---L-
x
-..lL
x
......L
18
19
20 of
21
22
~~~
lty Clerk
The foregoing resolution is hereby approved this to-T'" _ day
October , 1993.
./0 )i;;'
~,,<.... -- - , / - "
--- 1'-7// /. -{>~L
TOM MINOR, Mayor
City of San Bernardino
23 Approved as to form
and legal content:
24
2
~
Exhibit A
Res. 93-367
93-367
1 PARKING AGREEMENT
2 (Downtown Parking District Lot #3)
3
4 THIS PARKING AGREEMENT (referred to as "Agreement") is entered into between
5 the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and San
6 Bernardino Associated Governments (referred to as "Lessee").
7
8
9
10
11
12 for use by employees, tenants and invitees of the owners said building.
13
14
15
in advance. This sum shall be adj usted on June 30 of every year for the duration of the
16
17
18
19
20 City as a performance bond, equivalent to six months lease payments and the estimated cost of
21 striping and/or signing the spaces. Parties agree that if the contract is terminated within the first
22
6 months, damages would be difficult to calculate, and that the performance guarantee would
23
24
25 first semi-annual payment, less cost of signing.
3. Term.
26
27
28
City and Lessee agree as follows:
1. Recitals.
;'1
~"~i
A.
Lessee is located at 472 North Arrowhead Avenue.
,1'-;
J.J
B.
v'
Lessee has requested the designation of four (4) spaces in ParkingDistrict Lot #3
.~
r<'
,q
....
:'i,.~
2.
Consideration.
Lessee shall pay to City the sum of $24.34 per month per space, payable semi-annually,
Agreement, based on changes in the Los Angeles/Long Beach consumer price index, provided
said adjustment shall be limited to a maximum of ten percent (10%) annually. Upon acceptance
of this Agreement, Lessee shall deposit with City the amount of $785.00 which will be held by
be forfeited as liquidated damages. City agrees to apply the performance bond funds toward the
The term of this Agreement shall be 60 months commencing upon the effective date of
/II/I
~
93-36;
1 this Agreement as set forth in Paragraph 5, and terminating October 15, 1998, unless earlier
2 terminated by either party as provided herein.
3
4
5
6
7
8
9 6. Maintenance and Security.
10 City shall provide maintenance and general security at the same time and in the same
11 manner as with all other parking areas owned by City and in the same general geographic area.
12
13
of any nature. Lessee shall have responsibility for security of the specific spaces leased. City
14
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 Subiect to Lease Al!reement.
18
19
indenture related to bonds issued for the purchase or expansion of Parking District Lot #3. The
20
parties recognize that City's right to occupy the subject premises, or to commit the premises to
21
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.
25 /1/11
26 IIIII
27 IIIII
28 11111
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 October 15, 1993.
City shall keep the common areas striped, lighted, and clear and free of rubbish and obstructions
This Agreement is subject to the terms and conditions of any provisions contained in any
2
I. .
] 93-367
1 8. Hold Harmless.
2 Lessee agrees to, and shall, hold City, its elective and appointive boards, commissions,
3 officers, agents and employees harmless from any liability for damage or claims for damage for
4
personal injury, including death, as well as from claims for property damage which may arise
5
from Lessee's operations under this Agreement, whether such operations be by Lessee, its
6
7
8
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
9 elective and appointive boards, commissions, officers, agents and employees from any suits or
10 actions at law or in equity for damages caused, or alleged to have been caused, by reason of any
11
12
13
14
15
16
17
18
19
20
21
22
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 City's Risk Management Division.
Lessee agrees to obtain a written obligation from the insurers to notify City in writing at least
23 30 days prior to cancellation or refusal to renew any such policies.
24 II/II
25 1111/
26 I II II
2711111
28 11111
3
1---
93-367
1 10. Assignment.
2 This Agreement shall constitute a revocable license and does not constitute an easement
3 or covenant running with the land. Lessee shall not assign any parking spaces which are the
4 subject of this Agreement without the prior written consent of the City. The parties contemplate
5
that the parking spaces will be devoted to occupants of Lessee's building and customers, business
6
7 invitees and employees thereof. Any other use shall be grounds for termination of this Lease.
8 This Agreement automatically terminates upon any sale or any transfer of more than 50%
9 ownership in said building.
10
11
12
to property tax. If a possessory interest is imposed by the County of San Bernardino, lessee
13
14 agrees to pay such tax. Anything in this paragraph not withstanding lessee shall have full rights
15 to challenge the legality or amount of any such tax.
16 12. Amendment.
17
18
19
20
21 provisions, nor shall such waiver be construed as a release of any surety from its obligations
22 under this Agreement.
2311111
24 11111
25 11111
26 II/II
27 II/II
28 1/111
II. Possessory Interest.
Parties understand that this Agreement herein may create a possessory interest subject
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
4
93-361
1 13. Notices.
2 All notices herein required shall be in writing and delivered in person or sent by certified
3
mail, postage prepaid, addressed as follows:
4
~
Lessee
5
City Administrator
6 City of San Bernardino
300 North "D" Street
7 San Bernardino, CA 92418
8
San Bernardino Associated Governments
472 North Arrowhead Avenue
San Bernardino, CA 92401-1421
9
14.
Validity.
10
11
judged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of
If any terms, condition, provision, or covenant of this Agreement shall to any extent be
12
competent jurisdiction, each and all remaining terms, conditions, promises and covenants of this
13
14 Agreement shall be affected and shall be valid and enforceable to the fullest extent permitted by
15 law.
16
17
18
19
20
21
1////
////1
////1
1////
////1
22 /////
23 ////1
24 ////1
25 //1//
26 IIIII
27 IIIII
5
28 IIIII
93-361
1 AGREEMENT WITH SAN BERNARDINO ASSOCIATED GOVERNMENTS, RELATIVE
2 TO PARKING SPACES.
3
4
5
15.
Entire Agreement.
There are no understandings or agreements except as herein expressly stated. Any
modifications must be in writing.
6
7
8 A TIEST:
9
10 ~~~
11 City lerk
12
13
14
15
16
17
18
19 Approved as to form
and legal content:
20
21 JAMES F. PENMAN,
City Attorney
22
23B~~
24
25
26
27
28
CITY OF SAN BERNARDINO
-; )t(
By: i {7;,. ( (. 'c~'"
I. ....
TOM MINOR, Mayor
SAN BERNARDINO ASSOCIATED
GOVERNMENTS
By:
6~t'- /j~<
I .
6