HomeMy WebLinkAbout1992-021
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RESOLUTION NO. 92-21
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
4 EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND KAUFMAN-WALD INVESTMENT COMPANY, A CALIFORNIA CORPORATION, BY
5 THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY.
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 of the city of San Bernardino is
9 hereby authorized and directed to execute, on behalf of said City,
10 a parking agreement with the Kaufman Wald Investment Company. A
11 copy of said agreement is attached hereto marked Exhibit A and
12 incorporated herein by this reference as fully as though set forth
13 at length.
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SECTION 2.
This Agreement shall not take effect until
15 fully signed and executed by both parties. The City shall not be
16 obligated hereunder unless and until the Agreement is fully
17 executed and no oral agreement relating thereto shall be implied or
18 authorized.
19 SECTION 3. The authorization to execute the above-
20 referenced agreement is rescinded if the parties to the agreement
21 fail to execute it within sixty (60) days of the passage of this
22 resolution.
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24 I HEREBY CERTIFY that the foregoing resolution was duly
25 adopted by the Mayor and Common Council of the city of San
adjourned
26 Bernardino at a n reqular meeting thereof, held on the 21st day
27 of
January
, 1992, by the following vote, to wit:
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RESOLUTION APPROVING PARKING AGREEMENT WITH KAUFMAN-WALD
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2 I HEREBY CERTIFY that the foregoing resolution was duly
3 adopted by the Mayor and Common Council of the City of San
adjourned
4 Bernardino at an reQu1ar meeting thereof, held on the 21st day
5 of Januarv
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7 councilmembers
8 ESTRADA
9 REILLY
10 HERNANDEZ
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
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, 1992 , by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
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x
x
x
x
x
x
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Januarv
, 1992 .
th i. s 2.M:1l.
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day of
The foregoi.ng resolution is hereby approved
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W. R. H
city of
22 Approved as to form
and legal content:
23
JAMES F. PENMAN
24 City At orney
25 By:
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City of S Bdno Res. 92-21
1 PARKING AGREEMENT
2 (Downtown Parking District Lot #1)
3 THIS PARKING AGREEMENT (referred to as "Agreement") is entered
4 into between the CITY OF SAN BERNARDINO, a municipal corporation,
5 referred to as "City", and Kaufman-Wald Investments (referred to as
6 "Lessee").
7 city and Lessee agree as follows:
8 1. Recitals.
9 A. Lessee is the owner of commercial real property in the
10 City of San Bernardino, located at 570 West 4th Street.
11 B. Lessee has requested the designation of eighty-one (81)
12 spaces in parking District Lot #1 for use by employees, tenants and
13 invitees of the owners of said building.
14 2. Consideration.
15 Lessee shall pay to City the sum of $24.34 per month per
16 space, payable semi-annually, in advance. This sum shall be
17 adjusted on June 30 of every year for the duration of the
18 greement, based on changes in the Los Angeles/Long Beach consumer
19 rice index, provided said adjustment shall be limited to a maximum
20 f ten percent (10%) annually. upon acceptance of this Agreement,
21 shall deposit with City the amount of $19,720 which will be
22 eld by city as a performance bond. city agrees to apply the
23 erformance bond funds toward the first semi-annual payment, less
24 of $300 for signing.
25 3. Term.
26 This lease shall be in effect only Monday through Friday, from
27 6:00 a.m. to 6:00 p.m.
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1 The term of this Agreement shall be 60 months commencing upon
2 the effective date of this Agreement as set forth in Paragraph 5,
3 and terminating February 28, 1997, unless earlier terminated by
4 either party as provided herein.
5 4. Termination.
6 This lease may be terminated without cause upon thirty (30)
7 calendar days' written notice from either party, mailed to the
8 address indicated for the receipt of notices.
9 5. Effective Date of Aqreement.
10 This Agreement shall become effective April 1, 1992.
11 6. Maintenance and Securitv.
12 City shall provide maintenance and general security at the
13 same time and in the same manner as with all other parking areas
14 owned by City and in the same general geographic area. City shall
15 keep the common areas striped, lighted, and clear and free of
16 rubbish and obstructions of any nature. Lessee shall have
17 responsibility for security of the specific spaces leased. City
18 shall not be responsible for removal of unlawful parked vehicles or
19 for the security of automobiles parked in leased spaces.
20 7. Terms Subiect to Lease Aqreement.
21 This Agreement is subject to the terms and conditions of any
22 provisions contained in any indenture related to bonds issued for
23 the purchase or expansion of Parking District Lot #1. The parties
24 recognize that City's right to occupy the subject premises, or to
25 commit the premises to the uses specified in this Agreement, may
26 expire before this Agreement expires by its terms. In such event,
27 this Agreement shall terminate as of such date as City'S
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1 entitlement to use and control of the lot expires.
2 8. Hold Harmless.
3 Lessee agrees to, and shall, hold City, i ts elective and
4 appointive boards, commissions, officers, agents and employees
5 harmless from any liability for damage or claims for damage for
6 personal injury, including death, as well as from claims for
7 property damage which may arise from Lessee's operations under this
8 Agreement, whether such operations be by Lessee, its officers,
9 employees, tenants or invitees, or by anyone or more persons
10 directly or indirectly employed by or acting as agent for Lessee.
11 Lessee agrees to and shall defend City and its elective and
12 appointive boards, commissions, officers, agents and employees from
13 any suits or actions at law or in equity for damages caused, or
14 alleged to have been caused, by reason of any of the operations
15 hereunder.
16 9. Liabilitv Insurance.
17 Lessee agrees to procure and maintain in force during the term
18 of this Agreement and any extension thereof, at its expense, public
19 liability insurance adequate to protect against liability for
20 damage claims through public use of or arising out of accidents
21 occurring in or around said parking spaces, in a minimum amount of
22 $1,000,000 for injuries in anyone accidents, and $100,000 for
23 property damage. Such insurance policies shall provide coverage
24 for City's contingent liability on such claims or losses. city
25 shall be named as an additional insured. A certificate of
26 insurance shall be delivered to city's Risk Management Division.
27 Lessee agrees to obtain a written obligation from the insurers to
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1 notify City in writing at least 30 days prior to cancellation or
2 refusal to renew any such policies.
3 10. Assiqnment.
4 This Agreement shall constitute a revocable license and does
5 not constitute an easement or covenant running with the land.
6 Lessee shall not assign any parking spaces which are the subject of
7 this Agreement without the prior written consent of the city. The
8 parties contemplate that the parking spaces will be devoted to
9 occupants of Lessee's building and customers, business invitees and
10 employees thereof. Any other use shall be grounds for termination
11 of this Lease. This Agreement automatically terminates upon any
12 sale or any transfer of more than 50% ownership in said building.
13 11. Possessorv Interest
14 Parties understand that this agreement herein may create a
15 possessory interest subject to property tax. If a possessory
16 interest is imposed by the County of San Bernardino, lessee agrees
17 to pay such tax. Anything in this paragraph not withstanding
18 lessee shall have full rights to challenge the legality or amount
19 of any such tax.
20 12. Amendment.
21 This Agreement may be amended or modified only by written
22 agreement signed by both parties. Failure on the part of either
23 party to enforce any provision of this Agreement shall not be
24 construed as a continuous waiver of the right to compel enforcement
25 of such provision or provisions, not shall such waiver be construed
26 as a release of any surety from its obligations under this
27 Agreement.
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1 IIII
2 13. Notices.
3 All notices herein required shall be in writing and delivered
4 in person or sent by certified mail, postage prepaid, addressed as
5 follows:
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citv
Lessee
8 City of San Bernardino
9 300 North "D" Street
Kaufman-Wald Investments
1964 Westwood Blvd, suite 430
10 San Bernardino, CA 92418
Los Angeles, CA 90025
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12 14. Validitv.
13 If any terms, condition, provision, or covenant of this
14 Agreement shall to any extent be judged invalid, unenforceable,
15 void, or voidable for any reason whatsoever by a court of competent
16 jurisdiction, each and all remaining terms, conditions, promises
17 and covenants of this Agreement shall not be affected and shall be
18 valid and enforceable to the fullest extent permitted by law.
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1 RESOLUTION WITH KAUFMAN-WALD RELATIVE TO PARKING SPACES
2 15. Entire Aqreement.
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4 expressly stated.
There are no understandings
or
agreements except as herein
Any modifications must be in writing.
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6 ATTEST:
CITY OF SAN BERNARDINO
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By
Mayor
City Clerk
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Kaufman-Wald Investments
By
13 Approved as to form
and legal content:
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r ~f
ity Attorney
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