HomeMy WebLinkAbout1990-086
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RESOLUTION NO.
90-86
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN BERNAR-
4 DINO AND KAUFMAN WALD INVESTMENT COMPANY, A CALIFORNIA CORPORA-
TION, BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF
5 SAID CITY.
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 of the City of San Bernardino is
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hereby authorized and directed to execute, on behalf of said
city, a parking agreement with the Kaufman Wald Investment
Company.
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 affect until
fully signed and executed by both parties. The city shall not
be obligated hereunder unless and until the Agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
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referenced agreement is rescinded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.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
Ieguldr
meeting thereof, held on the
day of
Mdrch
1990, by the following vote,
19th
to wit:
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--~?~LA:);:it?
City Clerk
day of
The foregoing
March
resolution is hereby approved this ,;) J
, 1990.
Approved as to form
and legal content:
JAMES F. PENMAN,
City,!,ttorney
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BY: J!tL/J--Y\..'?.-y , j vL/}-l'....d"
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/ .- ,,//7/-7 ./ '//
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MB, Mayor
Bernardino
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(; ~~,
PARKING AGREEMENT
THIS AGREEMENT
day of ~~
$,.1/
is
entered into as of this
1990, by and between the CITY OF SAN
BERNARDINO a municipal corporation (hereinafter "CITY") and the
Kaufman Wald Investment Company (hereinafter "DEVELOPER").
CITY
and DEVELOPER agree as follows:
1. RECITALS
A. DEVELOPER is the owner of commercial real property in the
City of San Bernardino located at 570 West 4th Street
(hereinafter "THE PROPERTY").
B. DEVELOPER needs 96 parking spaces for the development of
THE PROPERTY as a retail use.
DEVELOPER cannot provide all
required parking spaces on the site of THE PROPERTY.
C. DEVELOPER has requested 1) the establishment of one hour
parking for parking spaces under the control of the Central City
Parking place Commission (hereinafter "COMMISSION") which are in
the immediate vicinity of THE PROPERTY, 2) an agreement to pay
any in-lieu parking fee, for required parking spaces not provided
on the site, over a 20-year period and, 3) a 19 space parking
credit against the number of required parking spaces in
consideration for an easement by DEVELOPER to the CITY for an
equivalent number of parking spaces.
NOW, THEREFORE, the parties hereby agree as follows:
(i) The total in-lieu parking fee, owed by DEVELOPER for the
property shall be in the amount of $207,350.00.
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JFW:br[Kaufman.Agr]
March 12, 1990
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(ii)
(a)
(b)
(a)
Payment of the in-lieu parking fee shall be in
the following manner:
As permitted under SBMe
19.56.290(D) one third (1/3) of the total fee shall
be paid prior to the issuance of any certificate of
occupancy for the property or any portion thereof.
At the time of the issuance of such certificate of
occupancy, DEVELOPER shall execute a note for the
remainder of the fee which note shall contain the
following conditions:
1) The remaining two-thirds (2/3) shall be paid to
the CITY in annual installments.
2) The note shall be amortized over a 20-year
period.
3) The note shall bear interest on the unpaid
balance at a rate of 2 percent above the
CITY'S bond rate for the fiscal year
immediately preceding the date of the payment.
The City Treasurer shall be responsible for
annually determining the interest rate.
The
Director of Facilities Management shall be
responsible for annually billing the DEVELOPER.
The collected funds shall be retained in the
Parking District fund.
DEVELOPER'S interest in this agreement may not
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be transferred assigned, or pledged, either
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JFW:br[Kaufman.Agr]
March 12, 1990
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the express written consent of the Mayor and Common
Council to such transfer, assignment or pledge.
(b)
DEVELOPER shall notify the City Administrator
of any proposed transfer of ownership of the
property at least 60 days prior to the effective
date of such transfer.
Failure to so notify the
City Administrator shall constitute a breach of a
material provision of this agreement.
Upon the
occurrence of such breach all sums then remaining
unpaid under this agreement shall be immediately
due and payable to CITY by DEVELOPER.
DEVELOPER shall require any proposed new owner
to first agree in writing that all terms and
conditions of this agreement shall remain in
effect, and be binding upon each such new owner(s).
Upon the transfer of the ownership of the property
without execution by the new owner of an agreement
to the terms and conditions herein set forth, all
sums then remaining unpaid shall be immediately
due and payable to CITY by DEVELOPER.
(a)
CITY hereby acknowledges and agrees that
DEVELOPER has granted an easement to CITY for land
equivalent to 19 parking spaces on the property
site. A copy of the easement is attached hereto as
Exhibit "A" and by this reference made a part
hereof.
DEVELOPER is to receive credit for the 19
spaces against the number parking spaces required
JFW:br[Kaufman.Agr]
March 12, 1990
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for the use proposed for the property as set forth
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hereinabove.
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(iv)
(a)
The Mayor and Common Council shall use their
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best effort to insure that forty (40) parking
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spaces in Parking District Lot #1, in close
proximity to the subject property, will be
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established and shall remain as one-hour spaces
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during the life of this agreement.
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(b)
If designated parking spaces are authorized in
conjunction with the construction of a public
parking structure in Parking District Lot #1,
DEVELOPER shall have a priority right to request
consideration for designated parking spaces.
Such
parking rights shall be subject to terms and
conditions established at the time of the grant of
any such right.
18 2. EFFECTIVE DATE OF AGREEMENT
19 This Agreement shall become effective upon date of execution
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20 hereof.
22 3. POSSESSORY INTEREST
23 The CITY and the Lessee hereby agree and understand that this
24 Agreement may create a possessory interest subject to property
25 taxation and that if such possessory interest is created, the
26 DEVELOPER shall pay the property taxes, if any, levied on such
27 possessory interest. The DEVELOPER shall promptly provide to the
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JFW:br[Kaufman.Agr]
March 12, 1990
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1 CITY upon such payment a written certification, signed by an
2 authorized agent of the DEVELOPER, that all such taxes due, if
3 any, have been paid by the DEVELOPER.
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5 4. TERMS SUBJECT TO LEASE AGREEMENT
6 This Agreement is subject to the terms and conditions of any
7 provisions contained in any indenture related to bonds issued for
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the purchase or expansion of Parking District Lot #1.
The
10 premises, or to commit the premises to the uses specified in this
9 parties recognize that CITY'S right to occupy the subject
11 Agreement, may expire before this Agreement expires by its terms.
12 In such event, this Agreement shall terminate as of such date as
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13 CITY'S entitlement to use and control of the Lot expires.
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15 5. HOLD HARMLESS
DEVELOPER agrees to, and shall, hold CITY, its elective and
17 appointive boards, commissions, officers, agents and employees
18 harmless from any liability for damage or claims for damage or
19 personal injury, including death, as well as from claims for
20 property damage which may arise from DEVELOPER'S operations under
21 this Agreement, whether such operations be by DEVELOPER, its
22 officers, employees, tenants or invitees, or by anyone or more
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23 persons directly or indirectly employed by or acting as agent for
lessee.
DEVELOPER agrees to and shall defend CITY and its
25 elective and appointive boards, commissions, officers, agents and
26 employees from any suits or actions at law or in equity for
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JFW:br[Kaufman.Agr]
March 12, 1990
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1 damages caused, or alleged to have been caused, by reason of any
2 of the operations hereunder.
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4 6. ASSIGNMENT
5 DEVELOPER shall not assign any CITY owned p~rking spaces
6 which are the subject of this Agreement without th6 prior written
7 consent of the CITY.
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9 7. AMENDMENT
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This Agreement may be amended or modified only by written
11 agreement signed by both parties. Failure on the part of either
12 party to enforce any provision of this Agreement shall not be
13 construed as a continuous waiver of the right to compel
14 enfcrcement of such provision or provisions, nor shall such
15 waiver be construed as a release of any surety from its
16 obligations under this Agreement.
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18 8. NOTICES
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20 in person or sent by certified mail, postage prepaid, addressed
All notices herein required shall be in writing and delivered
21 as follows:
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CITY
DEVELOPER
City of San Bernardino
300 North "D" street
San Bernardino, CA 92418
Attn: City Administrator
Kaufman Wald Investment
10401 Venice Blvd., #230
Los Angeles, CA 90034
Attn: Mark Kaufman
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JFW:br[Kaufman.Agr]
March 12, 1990
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9. 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.
10. ENTIRE AGREEMENT
There are no understandings or agreements except herein
expressly stated. Any modifications must be in writing.
Approved as to form
and legal content:
Kau ma
JAMES F. PENMAN,
City Attorney
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By: '>k'>''''-''-o "9 P G".VVY'-"!,.
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CITY OF SAN BERNARDINO
FILE NO.: 15'.0;' -1.093 EASEMENT FOR: Pa..rb'ny 1. ot f'tu"~"
LOCATION: ;:l portio,.., ()f' "F" Street- I
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