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Home My WebLink About1981-633 1 RESOLUTION NO. 81-633 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING AGREEMENT WITH THE CENTRAL CITY ~ 3 MERCHANTS ASSOCIATION RELATING TO THE ALLOCATION OF 102 EMPLOYEE PARKING SPACES IN THE THREE-LEVEL PARKING STRUCTURE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF S SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City a 8 Parking Agreement with the Central City Mall Merchants 9 Association relating to the allocation of 102 employee parking 10 spaces in the three-level parking structure, a copy of which is 11 attached hereto, marked Exhibit "A" and incorporated herein by J2 reference as fully as though set forth at length. J3 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the City of San JS Bernardino at a reqular meeting thereof, held J6 on the 21st day of December , 1981, by the following 17 vote, to wit: 18 J9 Council Members Castaneda, Reilly, Hernandez, AYES: Botts, Hobbs, Strickler 20 NAYS: . None 21 ABSENT: None 22 23 24 The foregoing resolution is 2S of December , 1981. 26 27 Approved as to form: ,{~~~,~~ City ttorney 28 ( ,~. . ,L-- . ~ '1. .,., .)1 ~', . , Il:Y~ ~ /_.;;?~,f"A tl yj~hj ,. rf f.J /TJ e-6Lr...' , .':;<.....'-. MERCHANTS ASSOCIATION .;7-3 _ p;,. _ ft<- {;... 1'/-(,. J] ",~ ~/5 CENTRAL CITY MALL ic... 1 January 25, 1982 Shauna Cl ark City Clerk City of San Bernardino P.O. Box 1318 San Bernardino, CA 92402 Dear Shauna: We are in receipt of your letter dated December 23, 1981 requestin9 the Execution of an Agreement (Resolution 81-633). There is some question, on our part, relevent to this agreement and. we have contacted the City Administrators Office (Mr. Tom Crawford) about these questions. We hope to have this agreement modified. Sincerely, CENTRAL CITY MALL MERCHANTS ASSOCIATION >>-- - ~ Salvatore F. Catalano SFC:dc 295 CENTRAL CITY MALL. SAN BERNARDINO, CALIFORNIA 924<l1 . (714) 889.1147 ,~" . L ,,; :-. (: ,":"?~.,.,.,('/. ":'\", _~~~:.I'/I"~/' ,. ',:!..;~',;~~,~~';~.;:<E~~'? ..~. ,I. . ',:. ~.. " '_,,__'J -f') \"")~~J"' J'"'' 'T_;,:.l~"..,<,,;/.., ..... ,"" f ",,_'_._._-...,_ ('~', .~,' , . :. ~ .." . -,.-- . : I 'I .~.,... ~ CITY!0FlSAN BERNARDINO ::._-;.::...y..:';-...-",:.,:.j""//'::';! """"",c ",~."~,.c"",,,'J! ",'Ii.' "~. .,.\..}~'fV&~!'%. . ~~'....V:-..::.___~t'..'~,~v:::";..:... o '.~_~A/}~~.D ;::;. "'..',' x.. I'V~",,",,"""~)..J rHE .\.\\ POST OFFICE BOX 1318,SAN 8ERNARDINO,CALlFORNIA 92402 December 23, 1981 SHAUNA CLARK CITY CLERK RI;CEIVE,D DEG 231981 CENTRAL CITY MALL MERCHANTS'ASSN. Central City Mall Merchants Association 295 Central City Mall San Bernardino, California 92401 Gentlemen: Enclosed are the original and two copies of a parking agree- ment with the City of San Bernardino, adopted December 21, 1981, relating to the allocation of 102 employee parking spaces in the three-level parking structure. Please execute all three copies. you return said agreements as soon as any necessary action. It is imperative that possible so we may finalize ( A certified copy of " you. Resolution No. 81-633 will be mailed \. to ;/ f, " Sincerely, ~ /7/ ~ '" ;tY7f2x;:v/f6'tfZft;/ . SllK'UNA' CLARK City Clerk SC:lm ~ \ . I \i;\.\ // \ J.~' ~ ..-- ~.- i\"" Y 1:V. ",- }Jf // /~." ,. . . i/' Ene. 3 -<h .X">. ":,h.-:'_.., '-';;:, 300 NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA 92418 PHONE 17141383.5002/383.5102 1 PARKING AGREEMENT (Three-Leve1 Parking Structure) (Employee spaces - 3rd level) 2 3 4 THIS PARKING AGREEMENT (referred to as "Agreement") is 5 entered into between the CITY OF SAN BERNARDINO, a municipal 6 corporation, referred to as "City", and CENTRAL CITY MALL 7 MERCHANTS ASSOCIATION, referred to as "Association". 8 City and Association agree as follows: 10 (a) City and the Redevelopment Agency of the City of I , San i ! 9 1. Recitals. 11 Bernardino, now the Community Redevelopment Commission, (referred 12 to as "Agency") executed a Lease Agreement dated June 10, 1968 13 wherein the Agency leased to City for a period of 50 years the 14 three-level parking facility adjoining Central City Mall, San 15 Bernardino, California, which would provide necessary public 16 parking for the shopping public patroniaing the commercial area of 17 the Central City Mall. 18 (b) Agency and Central City Company have entered into an 19 agreement known as the Reciprocal Easement Agree.ent, the 20 provisions of which include, among other things, rules and 21 regulations which provide in part as follows: 22 "No person shall use any Parking Area, except for the parking of motor vehicles during the period of 23 time such Person or the occupants of such vehicle are customers or business invitees of the retail 24 establishments within the Shopping Center. All motor vehicles shall be parked in an orderly manner within 25 the painted lines defining the individual parking places. During peak periods of business activity, 26 limitations may be imposed as to the length of time for parking use. Such limitations may be made in 27 specified areas." (Exhibit "F" to Reciprocal Easement Agreement) 28 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 (c) Association has requested the designation of certain spaces for use by employees of various merchant members of Association. 2. Allocation of Spaces. City agrees to assign and allocate 102 spaces located on the third level of the three-level parking structure along the east side of the top level of that structure, parallel to "E" Street, illustrated on Exhibit "I" attached and incorporated herein by reference. 3. Consideration. Association shall pay all expenses incident to the placing of new signs designating this area for employee parking, and shall pay any and all additional costs associated with the special employee parking program to be based upon this agreement. No other consideration shall pass between the parties hereto in relation to this agreement. 4. Term. The term of this agreement shall be two years commencing upon execution of this agreement and terminating two years thereafter, unless terminated earlier by either party as provided herein. 5. Security of Allocated Spaces. Association shall provide a parking control person to direct employees to said parking spaces and to patrol said spaces, which are the subject of this Agreement, during such hours as it deems appropriate. 6. Termination. This Agreement may be terminated by either party, with or without cause, upon the giving of 30 days notice in writing to the other party, and this agreement shall terminate 30 days after-the giving of such notice. In the event any party to the Reciprocal Easement Agreement objects to this Agreement, this greement shall be subject to immediate termination by the City. -2- 1 7. Terms Subject to Lease Agreement. This Agreement is 2 sUbject to the terms and conditions of that certain lease between 3 the Redevelopment Agency of the City of San Bernardino and the 4 City of San Bernardino dated June 10, 1968, the provisions of 5 which are incorporated herein by this reference. 6 8. Maintenance. City shall maintain and keep in good repair 7 said designated parking spaces, and shall keep open the rights of 8 way over the common areas of the parking structure and shall keep 9 said common areas striped, lighted and clear and free of rubbish 10 and obstructions of any nature. 11 9. Hold Harmless. Association shall hold City, its elective ]2 and appointive boards, commissions, officers, agents and employees ]3 harmless from any liability for damage or claims for damage for 14 personal injury, including death, as well as from claims for ]5 property damage which may arise from Association's operations 16 under this Agreement, whether such operations be by Association, 17 its officers, employees, or tenants, or by anyone or more persons 18 directly or indirectly employed by or acting as agent for ]9 ssociation. Association shall defend City and its elective and 20 appointive boards, commissions, officers, agents and employees 21 from any suits or actions at law or in equity for damages caused 22 or alleged to have been caused by reason of the operations 23 ereunder. 24 10. Association undertakes, through control measures 25 inCluding use of parking control personnel, chains and signing, to 26 control access to the various areas of the parking structure to 27 assure that employees do not park in other areas intended for 28 arking of customers and business invitees. -3 1 11. Amendment. This Agreement may be amended or modified 2 only by written agreement signed by both parties and failure on 3 the part of either party to enforce any provision of this 4 Agreement shall not be construed as a waiver of the right to 5 compel enforcement of such provision or provisions, nor act to 6 release any party from its obligations under this Agreement. 7 12. Notices. All notices herein required shall be in 8 writing and delivered in person or sent by certified mail, postage 9 prepaid, addressed as follows: 10 City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Central City Mall Merchants Association 295 Central City Mall San Bernardino, CA 11 12 13 IN WITNESS WHEREOF, the parties have executed this Agreement 14 on , 1981. 15 16 CITY OF SAN BERNARDINO TTEST: By 17 Mayor ity Clerk 18 19 CENTRAL CITY MALL MERCHANTS ASSOCIATION 20 By 21 Title 22 23 pproved as to form: 24 ~~ torney 25 26 27 . . 28 . -4- , . 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 CONCURRENCE OF COMMUNITY REDEVELOPMENT COMMISSION The Community Redevelopment Commission of the City of San Bernardino hereby concurs with the terms and provisions of this agreement. COMMUNITY REDEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO By Approved as to form: William A. Flory, Agency Counsel -5- .J. .~. ., ':/:." :y', ~. . ., "'.,-' E',cH I.~IT - I" Cl " " '. '. . . ::c.. . ',":.' .' . .. '; I'\oL.cIl::. .c,. eE.!!i.... AMbfUEl er~ ~..~~I -- - .. .'~ .- ... A- . ". G}3 -- I ()~. ..".., .~-"~ ~"b7 . ,~~ 'l! M!4ll" , ..' , ,,' )(:: R{)Vo~D .s.!C.\ - '\,)\."J..\. <;,k.. I UPPER LE>:'~~ ~ I . ! ."":' . i , " . - .' If. ./ (;.- t, - 6<-- 3 ~. c:r ~