HomeMy WebLinkAbout1993-368
1 RESOLUTION 93-368
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH LIER MUSIC REGARDING TEN (10)
3 PARKING SPACES IN CENTRAL CITY PARKING DISTRICT LOT #1.
4
WHEREAS, Lier Music has experienced a problem with the use of their private parking
5
spaces by non-customers; and
6
7
8 concern,
WHEREAS, the Mayor and Common Council directed staff to attempt to resolve this
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
9
10 SAN BERNARDINO AS FOLLOWS:
11
12
13
SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said
City a Parking Agreement with Lier Music, a copy of which is attached hereto and incorporated
herein, marked Exhibit" A".
14
SECTION 2. The above-referenced Agreement may only be amended by action of the
15
16 Mayor and Common Council.
17
18
19
SECTION 3. The authorization to execute the above-referenced Agreement is rescinded
if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
resolution.
20
IIIII
21
22 IIIII
23
24
25
IIIII
IIIII
IIIII
26
27
28
IIIII
93-368
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH LIER MUSIC REGARDING TEN (10)
2 PARKING SPACES IN CENTRAL CITY PARKING DISTRICT LOT #1.
3
4
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a reqular meeting thereof, held on the
6
7 COUNCIL MEMBERS
8
4th day of October
, 1993, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
x
NEGRETE
9
10
11 HERNANDEZ
12
13
CURLIN
x
--1l
OBERHELMAN
--X.
DEVLIN
x
14 POPE-LUDLAM
----X.
15
16
17
18
19
of
20
21
22
23
x
MILLER
~~~
ity Clerk
The foregoing resolution is hereby approved this L, \-\c. day
October , 1993.
.' \,
~ }'r- .
--J'rfco'l'Ji /' ';;/1" . _"'/
.' (. (., I ',' ~ <..-~
TOM MINOR, Mayor
City of San Bernardino
Approved as to form
and legal content:
24 JAMES F, PENMAN
25 City Attorney
26 By: /l.-v.....i-4D{/2 4J 2
27 )/~
28
DAB/j
Res. 93-368
Exhibit A
93-368
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PARKING AGREEMENT
(Downtown Parking District Lot #1)
THIS PARKING AGREEMENT (referred to as "Agreement") is
entered into between the CITY OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and Lier Music Company
(referred to as "Lessee").
City and Lessee agree as follows:
1. Recitals.
A. Lessee is located at 452 North "E" Street.
B. Lessee has requested the use of ten (10) spaces in
Parking District Lot #1 for use by employees, tenants and invitees
of the owners of said building, in exchange for the use of twelve
(12) privately-owned spaces located behind Lier Music for public
parking use.
2. Consideration.
Lessee shall have a license for the use of ten (10) spaces
in District Lot #1 for use by employees, tenants, and invitees.
In exchange, City shall have a license for the use of twelve
parking spaces currently owned by Lier Music Company which will
then be open for public parking use (see Attachment 1). Lessee
shall bring the twelve spaces and attendant areas up or cause that
they be brought up to the standards of the adj acent Parking
District Lot #1 which may include paving, striping and other
physical improvements all at no cost to City. At the termination
of this Agreement such improvements shall become the property of
Lessee.
The term of this Agreement shall be 60 months commencing
upon the effective date of this Agreement as set forth in
[LMusic.Agr] 1 September 23. 1993
DAB/j
93-368
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Paragraph 5, and termination on October 15, 1998, unless earlier
terminated by either party as provided herein.
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.
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 lighted, and clear and free of rubbish
and obstructions of any nature. Lessee shall be responsible for
security of the ten (10) 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 Subject to Lease Agreement.
This Agreement is subject to the terms and conditions
of any provisions contained in any indenture related to bonds
issued for the purchase or expansion of Parking District Lot #1.
The parties recognize that City's right to occupy the ten (10)
spaces, or to commit the premises to the uses specified in this
Agreement, may expire before this Agreement expires by its terms.
In such event, this Agreement shall terminate as of such date as
City's entitlement to use and control of the lot expires.
8. Hold Harmless.
Lessee agrees to, and shall, hold City, its elective
2
6.
[LMusic.Agr]
September 23, 1993
DAB/j
93-368
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 to 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 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. Ci ty 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
[LMusic.Agr] 3 September 23. 1993
DAB/j
93-368
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 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.
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, on
Lessee's rights in the ten (10) days, Lessee agrees to pay such
tax. Anything in this paragraph not withstanding 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 under
this Agreement.
13. Notices.
All notices herein required shall be in writing and
delivered in person or sent by certified mail, postage prepaid,
[LMusic.Agr] 4 September 23, 1993
93-368
1 addressed as follows:
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
City
Lessee
City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Jim Robbins
Lier Music Company
452 North "E" Street
San Bernardino, CA 92418
14. Validi ty.
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.
15. Entire Agreement.
There are no understandings or agreements except as
herein expressly stated.
Any modifications must be in writing.
ATTEST:
CITY OF SAN BERNARDINO
C~~k ~
-- ~t'
,~".-~, ;
By: ,....;'7 v \ _ _ 1/[ 1'-(/',
TOM MINO , Mayor
LIER MUSIC COMPANY
By:-J,,;...... ~~
JIM ROBBINS
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
B~~4j
5
DAB/j [LMusic.Agr]
September 23, 1993
II
't-
~
-
~
93-368
( I
f1f1~
fITrrrrrrrFlml
,
,
l1~tJ ~t-lA~J1INe7 U I 1II1I ~ II ili ! II II ~
~~v tA f1.otJl' IfTTTTTTrl rrrm
Attachment 1
&(~
I ~1
U7LJNf'1' (If l1.~. f'V~lAv I
%'VtN- l1tft"lbt# ~
~r HftttH-i" I ,I n
i II i I ~
- ! I
~ I HtmtH
~"'t!',H" f>f'HN~ t
\\'i
~
H-LIII I I I I I ~ I I I II I
mmm mTnl-H
~I~~ f').FI'IN6I 171fHl'l1V(
HmtH+H HtttttH
~
I
: Pubi'c.
rhrK\:"c~~
I~
Hilll~ 'ttt#ttt#H
t7i17 ()#J t-(lM~'(
fN-lldl"l'
~f. 1lt~ft.
~f I"~'NIA
L
~17v~1~
~
" W/f>..N-(
W?1"
fJ1f-~-r