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CI.iY OF SAN BERh..RDINOJ.t REQUEST ""R COUNCIL ACTION
From: Fred Wilson
Asst. to the City Administrator
Dept: City Administrator
Da~: November 30, 1989
Subject: Approval of Parking Agreement with
Inland Empire Properties, Ltd. for
68 undesignated parking spaces in
Five Level parking structure.
Synopsis of Previous Council action:
None
Recommended motion:
Adopt Resolution.
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Signature
Contact person:
Fred Wilson
Phone:
5122
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
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CITY OF SAN BER~RDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The Central city Parking Place Commission recommended
approval of the attached lease agreement with Inland Empire
properties, Ltd. (215 North "D" street), for 68 undesignated
parking spaces in the Five-Level Parking structure at their
meeting on October 19, 1989. The firm recently secured
tenants for the building and have requested this parking to
help service the tenants parking needs.
The agreement requires Inland Empire Properties, Ltd. to pay
the City the sum of $9,114 per year for the use of these
parking spaces. The term of the agreement is for a 5-year
period with an option to renew the agreement for two
successive 5-year periods. The proposed lease agreement may
be terminated by either party with a 30 day written notice.
FILED: PARK/AGREE
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A PARKING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO AND INLAND EMPIRE PROPERTIES, LTD,
A CALIFORNIA CORPORATION, BY 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:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of said
City, a parking agreement with the Redevelopment Agency of the
City of San Bernardino and Inland Empire Properties, LTD.,
relative to the five-level parking structure various levels.
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 meeting thereof, held on the
day of , 1989, by the following vote, to wit:
/ / /
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RESOLUTION: EXECUTION OF A PARKING AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. CITY OF SAN
BERNARDINO, AND INLAND EMPIRE PROPERTIES, LTD., A CALIFORNIA
CORPORATION, BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF
OF SAID CITY.
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1989.
W. R. HOLCOMB, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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By: L 1-.t~
o
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E'''TIBIT "A"
PARKING AGREEMENT
(Five-Level Parking Structure - 5th Level)
THIS AGREEMENT is entered into as of this day of
, 1989, by and between the REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO, (referred to as n AGENCY" ), the CITY
OF SAN BERNARDINO, a municipal corporation, (referred to as
"CITY" ), and INLAND EMPIRE PROPERTIES, LTD., (referred to as
"OWNER" ).
CITY and OWNER agree as follows:
1 . RECITALS.
(a) CITY and AGENCY executed a lease Agreement dated
September 4, 1972, wherein the AGENCY leased to
CITY for a period of 50 years the Parking
Facility adjoining City Hall, San Bernardino,
California, which would provide necessary public
parking to the users of the commercial, civic and
cu1 tura1 complex. Said Parking Facilities are
described in Exhibit "1", a copy of which is
attached hereto and by this reference made a part
hereof.
(b) Section 4 of the Lease Agreement provides for the
use of the Parking Facility as follows:
"a. It is understood and agreed that the leased
premises shall be maintained and used as a
parking facility for the benefit of the public
patronizing the Commercial, Business and Cultural
Areas which facility shall be available to the
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public without charge, provided, however, that
CITY shall adopt and enforce reasonable
regulations and controls with respect to such
use, including parking time limits, which
regulations and controls shall be substantially
in accordance with the parking assignments and
allocations set forth in the report of Armstrong-
Ulmer Gruen Associates, Inc., entitled San
Bernardino Central City Parking Structures
Operation, attached hereto as Exhibit "D" and by
this reference made a part thereof: provided,
however, said assignments and allocations may be
varied or changed from time to time upon the
recommendation of AGENCY or CITY subject to the
concurrence of AGENCY and CITY, such concurrence
not to be unreasonably withheld.
"b. CITY agrees that the use of the leased
premises shall be restricted solely to uses
consistent with the purposes specified in
subparagraph 'a' of this paragraph."
(c) The Lease Agreement, although prohibiting the
imposition of charges upon the public patronizing
the Commercial, Business and Cultural areas,
permits the imposition of charges for parking
upon regular users with reserved spaces, and upon
employees of tenants and owners of property in
the immediate downtown area.
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(d) The OWNER is the owner of certain real property
located at 215 N. "0" Street, San Bernardino,
CA., upon which is constructed an office
building, ("office building site").
(e) OWNER has requested the allocation of certain
parking spaces in the 5-level parking structure
for use by its officers, employees, tenants, and
invitees, and CITY has determined that no adverse
impact on public parking in the Parking Facility
will result from the allocation of these parking
spaces.
(f) The parties have agreed to enter into this
agreement to provide parking which is in addition
to that provided on the premises of the office
building site for the use of OWNER'S officers,
employees, tenants and invitees.
NOW, THEREFORE, the parties hereby agree as follows:
2. TERM.
The term of this agreement shall commence upon the
effective date of this agreement, and terminate at
12:00 midnight, on December 31, 1994.
OWNER shall
have the option to renew this agreement for two (2)
successive five-year periods provided that OWNER is
not in default of any of the provisions of this
agreement at the time
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terminated by either
of renewal.
This lease may be
party without cause upon the
giving of written notice of the termination to be
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effective no sooner than thirty (30) calendar days
from the date of notice.
3. PAYMENT.
OWNER shall pay to CITY the sum of $11.17 per month
per each undesignated parking space for a total base
cost of $9,114.72 per year, payable quarterly, in
advance. This sum shall be adjusted annually 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, OWNER shall deposit with
CITY the amount of $2,278.68 which will be held by
CITY as a performance bond. CITY agrees to apply the
performance bond funds toward the first quarterly
payment.
Failure by OWNER to pay to CITY, quarterly
payments in advance shall constitute a breach of this
agreement.
4. PARKING RIGHTS.
CITY hereby covenants, grants, and agrees that the
following parking rights (collectively the "Parking
Rights") will be provided and maintained on the Garage
Site to provide parking for the use of any tenants,
subtenants, guests, licensees, customers, visitors,
invitees, and employees of the buildings now and
hereafter located on the office building site on the
terms and conditions contained herein:
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(a) Sixty-eight (68) undesignated parking spaces on
fourth or fifth level of the five (5) level
parking structure.
(b) OWNER acknowledges and agrees that the allocation
of sixty-eight (68) undesignated parking spaces
does not obligate the CITY to ensure that such
parking spaces or any parking space will be
available at any particular time of any given
day.
5. OPERATION AND MAINTENANCE.
The CITY shall, at its own expense:
Operate, maintain and furnish the Parking Facilities,
including but not limited to accessways, driveways,
stairways, and elevators, in accordance with the usual
standards of operation and maintenance of parking
structures, and in accordance with all applicable
laws, statutes, ordinances and regulations.
6. APPLICABLE REQUIREMENTS.
Nothing herein shall be construed as exempting the
OWNER from any other requirements or from compliance
with any other law of regulation with respect to the
occupancy of the office building site.
7. GENERAL PROVISIONS.
Each party agrees to perform any further acts and to
execute and deliver any further documents which may
~e reasonably necessary to carry out the provisions of
this Agreement.
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8. POSSESSORY INTEREST.
The CITY and the OWNER hereby agree and understand
that this Agreement may create a possessory interest
subject to property taxation and that if such
possessory interest is created, the OWNER shall pay
the property taxes, if any, levied on such possessory
interest. The OWNER shall promptly provide to the
CITY upon such payment a written certification, signed
by an authorized agent of the OWNER, that all such
taxes due, if any, have been paid by the OWNER.
9. PARKING CREDIT.
This agreement does not grant, authorize, or otherwise
affect in any manner any parking credit to which OWNER
mayor may not be entitled as OWNER of a building
subject to assessment by the Central City Parking
District.
10. HOLD HARMLESS.
OWNER agrees to, and shall, hold CITY, its elective
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 rise from OWNER'S operations under this
Agreement, whether such operations be by OWNER, its
officers, employees, tenants or invitees, or by any
one or more persons directly or indirectly employed by
or acting as agent for OWNER. OWNER agrees to and
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shall defend CITY and its elective and appointive
boards, commissions, officers, agents and employees
from any suits or actions at law of in equity for
damages caused, or alleged to have been caused, by
reason of any of the operations hereunder.
11. INSURANCE PROVISION.
OWNER agrees to procure and maintain in force during
the terms 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 accident occurring in
or around said parking spaces, in a minimum amount of
$1,000,000.00 for injuries in"any one accident, and
$100,000.00 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 in such policy of
insurance. Documentation of insurance shall be
delivered to City's Risk Management Division. OWNER
agrees to obtain a written obligation from the
insurers to notify CITY in writing at least thirty
(30) days prior to cancellation or refusal to renew
any such pOlices.
12. REVOCABLE LICENSE.
This Agreement shall constitute a revocable license
and does not constitute an easement or covenant
running with the land. OWNER shall not assign any
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rights under this Agreement without the prior written
consent of the CITY. The parties contemplate that the
parking spaces will be devoted to occupants of
OWNER'S building and customers.
13. AMENDMENT.
This Agreement may be amended or modified only by
written agreement signed by both parties and failure
on the party of either party to enforce any provision
of this Agreement shall not be construed as a waiver
of the right to compel enforcement of such provision
or provisions, nor act to release any surety from its
obligations under this Agreement.
14. NOTICES.
All notices herein required shall be in writing and
delivered in person or mailed by certified mail,
postage prepaid, addressed as follows:
AS TO OWNER
AS TO CITY
Inland Empire Properties, LTD.
215 N. "D" Street
San Bernardino, CA 92401
City Clerk
300 N. "D" Street
San Bernardino, CA 92418
AS TO AGENCY
Redevelopment Agency
300 North "D" st., 4th Floor
San Bernardino, CA 92418
15. VALIDITY.
If any terms, conditions, provisions or covenants 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
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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.
16. CONCURRENCE BY REDEVELOPMENT AGENCY.
The foregoing provisions of this Agreement and the
assignment and allocation of parking spaces is
concurred in by the REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO, without waiving its rights to
insist upon full compliance with the terms of the
lease referred to in Section 1.
17. INCORPORATION OF PRIOR AGREEMENTS AND AMENDMENTS.
This Agreement contains all agreements of the parties
with respect to any matter mentioned herein. No prior
agreement or understanding pertaining to any such
matter shall be effective except as otherwise
incorporated herein.
Approved as to form
and legal content:
BY:~MA
./A ency Co sel
City of San Bernardino
By:
W.R. HOLCOMB, Mayor
City of San Bernardino
Approved as to form
and legal content:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
JAMES F. PENMAN
~~~~/
By:
INLAND EMPIRE PROPERTIES, LTD.
By:
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BXHIBIT "~"
Parcel 28 of Parcel Map No. 688, as per plat thereof recorded
in Book 25 of Parcel Maps, pages 47 through 58, inclusive, records of
the County Recorder of San Bernardino County, State of California.
City of San Bernardino
INTEROFFICE MEMORANDUM
9001-1902
~
TO:
The Honorable Mayor & Common Council
FROM:
Marshall W. Julian, city Administrator
SUBJECT: Parking Lease Agreement
Properties, Ltd.
with
Inland
Empire
DATE:
January 4, 1990
COPIES:
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Two questions
Agreement for
parking spaces
were raised regarding the proposed parking
Inland Empire Properties, Ltd. to lease 68
in the 5-Level Parking Structures.
1. Why does the Lessee want to pay $11.17 per month,
per space, for undesignated parking in an otherwise
"free" parking structure?
Answer:
The Lessee has indicated that
tenants preferred to have
agreement in place indicating
terms of the parking which will
them.
the prospective
a formal parking
the location and
be available to
2. Suppose the City decided to charge for parking,
does this Lease Agreement lock the city in?
Answer:
No, there is a 30-day cancellation clause. This
could be exercised at any time.
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City Admin'
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