HomeMy WebLinkAbout1988-085
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RESOLUTION NO.
88-85
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CROSS-ASSIGNMENT OF PARKING AGREEMENT BETWEEN
LESSEES, LEVIN AND RAYNES AND YOHKO KOBAYASHI-ARNETT.
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 Cross-Assignment of Parking Agreement accepting an assignment
of parking rights, each to the other, by Levin and Raynes and
Yohko KObayashi-Arnett as to three parking spaces leased by each
from the City in Downtown Parking District Lot
NO.3, a copy of
which is attached hereto, marked Exhibit "A" and incorporated
herein by reference as fully as though set forth at length.
SECTION 2. The agreement shall not take effect until fully
signed and executed by all 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.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
requ1ar
meeting thereof, held on
21st
the
day of
March
, 1988, by the
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3-3-88
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-".,.
Resolution of the City of San Bernardino Authorizing the
Execution of a Cross-Assignment of Parking Agreement Between
Lessees, Levin and Raynes and Yohko Kobayashi-Arnett
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following vote, to wit:
AYES:
Council Members Estrada, Reilly, Flores,
Maudsley. Pope-Ludlam, Miller
NAYS:
None
ABSENT:
Council Member Minor
AhA94~$
/ City Clerk
The foregoing resolution is hereby approved this ~4( day
March
, 1988.
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Approved as to form
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3-3-88
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CROSS-ASSIGNMENT OF PARKING AGREEMENT
(Downtown Parking District Lot #3)
Recitals
LEVIN AND RAYNES, as owners of commercial real property
in the City of San Bernardino, located at 454 N. Arrowhead
Avenue, are the lessees under a parking agreement with the city
of San Bernardino wherein they lease and have been assigned by
the ci ty three (3) spaces located in Parking Lot 3 . The
designated spaces assigned to LEVIN AND RAYNES pursuant to their
agreement with the city are those spaces designated and
illustrated on Exhibit 1 attached hereto and made a part hereof.
2. YOHKO KOBAYASHI-ARNETT, as owner of commercial
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real property in the City of San Bernardino, located at 444 N.
Arrowhead Avenue, is the lessee under a parking agreement with
the City of San Bernardino wherein they lease and have been
assigned by the City ten (10) spaces located in Parking Lot 3.
The designated spaces assigned to YOHKO KOBAYASHI-ARNETT pursuant
to its agreement with the City are those spaces designated and
illustrated on Exhibit 2 attached hereto and made a part hereof.
3. For value received LEVIN AND RAYNES and YOHKO
KOBAYASHI-ARNETT hereby assign to the other those parking spaces
as set forth below:
LEVIN AND RAYNES hereby assign to YOHKO KOBAYASHI-
ARNETT those parking places set forth in Exhibit 1 and designated
as LEVIN AND RAYNES parking spaces, with the delegation of duties
as set forth below:
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YOHKO KOBAYASHI-ARNETT hereby assigns to LEVIN AND
2 RAYNES those parking spaces as set forth in Exhibit 2, and
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identified on Exhibit 2 as spaces to be assigned.
This cross-
4 assignment between LEVIN AND RAYNES and YOHKO KOBAYASHI-ARNETT
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hereby assigns from each to the other, all the right, title and
interest in and to the parking agreement and contract with the
city, both agreements are attached hereto and incorporated herein
8 by reference.
9 By these cross-assignments, of even date herewith,
10 each of the assignors above delegate all of their duties and
11 obligations and performances under their parking agreements with
12 the city as if the same obligations by each contract were
13 incorporated herein by reference.
14 By accepting this assignment, LEVIN AND RAYNES and
15 YOHKO KOBAYASHI-ARNETT agree to assume and perform all duties and
16 obligations set forth in the agreement and to hold each of the
17 other harmless from any liability for performance or non-
18 performance of such obligations.
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20 ACCEPTANCE OF ASSIGNMENT
21 The City pursuant to the parking agreements with LEVIN
22 AND RAYNES and YOHKO KOBAYASHI-ARNETT and specifically paragraph
23 13 therein, hereby accept the foregoing cross-assignment between
24 LEVIN AND RAYNES and YOHKO KOBAYASHI-ARNETT, and waive any other
25 prior written notice or consent of the city.
26 Said assignment between assignees/lessees and the city
27 is to accommodate and maximize the use of the spaces by and
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1 between the parties hereto.
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4 ACCEPTANCE OF ASSIGNMENT
5 LEVIN AND RAYNES and YOHKO KOBAYASHI-ARNETT hereby
6 accept the foregoing assignment and agree to assume and perform
7 all duties and obligations to be performed by them under the
8 contracts which they have with the city of San Bernardino as if
9 they were the original parties to said lease.
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20 Approved as to form
and legal content:
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, 1988.
CITY OF SAN BERNARDINO
By
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Dated:
Dated:
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By
LEVIN
YOHKO KOBAYASHI-ARNETT
By
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1
2 RESOLUTION OF THE CITY OF
EXECUTION OF AN AGREEMENT WITH
3 THE LEASE OF PARKING SPACES IN
RESOLUTION NO.
87-430
SAN BERNARDINO AUTHORIZING THE
LEVIN AND RAYNES RELATING TO
DOWNTOWN PARKING DISTRICT LOT #3.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5
6 SECTION 1. The Mayor is hereby authorized and directed to
7 execute on behalf of said City an Agreement with Levin and Raynes
8 relating to the lease of parking spaces in downtown parking
9 district lot #3, which Agreement is attached hereto, marked
10 Exhibit "A", and incorporated herein by reference as fully as
11 though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
regular
meeting thereof, held on
the
21st
day of
December
, 1987, by the
16 following vote, to wit:
AYES:
Council Members Estrada. Reillv Minor Mil1p-r
NAYS:
Council Members Flores. Maudslev
ABSENT:
Council Member Pone-Ludlam
At?//7?d/.~-1//
, City Clerk
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The foregoing resolution is hereby approved this .J_? "'-<'i
day of 1/ Ol'OI'll\k-. , 1987.
tA~' ,--, l1A~U-/
Mayor of the Ci y of San Bernardino
I pproved as to form
and legal content:
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1 PARKING AGREEMENT
2 (Downtown Parking District Lot #3)
3 THIS PARKING AGREEMENT (referred to as "Agreement") is
4 entered into between the CITY OF SAN BERNARDINO, a municipal
5 corporation, referred to as "City", and LEVIN AND RAYNES, a
6 corporation (referred to as "Lessee").
7 City and Lessee agree as follows:
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1. Recitals.
A. Lessee is the owner of commercial real property in the
10 City of San Bernardino, located at 454 North Arrowhead Avenue.
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B. Lessee has requested the designation of three (3)
spaces in Parking District Lot #3 for use by employees, tenants
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I designation of such spaces for use by Lessee is in conformance
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and invitees of the owners at 454 North Arrowhead Avenue.
C.
The Parking Place Commission has determined that the
with its pre-established policy for leasing of parking spaces
within the Downtown Parking Place District.
2.
Incorporation of Parking Commission Policy.
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A.
At its regular meeting of December 4, 1986, the Central
City Parking Place Commission adopted Policy Guidelines for the
leasing of parking space in Parking District Lots 1, 2, 3 and 4.
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:i That policy is as follows:
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"GENERAL:
1. Parking spaces of District Lots 1, 2, 3 & 4
can only be leased to businesses located
within the District, providing that of all
special assessment and business fees for
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such business is kept current.
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2. The total number of parking spaces leased
in each of the District lots shall not
exceed 50% of the over-all number of parking
spaces provided in each lot.
3. All future leases shall be based on the
prevailing rates as established by the
Public Buildings Division. The location
of any leased parking spaces is. subject to
possible future relocation within the
same lot.
4. All lease requests an~ applications shall be
reviewed by the Central City Parking Place
Commission.
PRIORITY:
No. I - All business establishments located
adjacent to the District lot.
No. 2 - All business establishments located
within approximately 600 feet walking
distance from the District lot.
No. 3 - All business establishments located
in the District.
That policy is hereby incorporated herein as a term and
condition of this lease.
3. . Allocation of Spaces.
City agrees to assign and allocate three (3) spaces
located in Parking Lot #3 for use by officers, employees,
tenants and invitees at 454 North Arrowhead Avenue. The
designated spaces are illustrated on Exibit "I" attached hereto
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and incorporated herein by reference.
4. Consideration.
Lessee shall pay to City the sum of $21.40 per month per
space, payable semi-annually, 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, Lessee shall deposit with City the amount of
$385.20 which will be held by City as a performance bond. City
agrees to apply the performance bond funds toward the first semi-
annual payment, less cost of $105 for signing.
5. Term.
The term of this Agreement shall commence upon the effeotive
date of this Agreement as set forth in Paragraph 7, and terminate
on June 30, 2009, unless earlier terminated by either party as
II provided herein.
il 6. Termination.
II This lease may be terminated without cause upon thirty (30)
i'calendar days' advanced written notice from either party, mailed
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to the address indicated for the receipt of notices.
7.
Effective Date of Agreement.
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Ii This Agreement shall become effective upon date of
Ii 'h f
Ii execut~on ereo.
:: 8. Maintenance and Security.
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11 same
: owned
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City shall provide maintenance and general security at the
times and in the same manner as with all other parking areas
by City and in the same ~eneral geographic area.
City
keep the common areas striped, lighted, and clear and free
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1 of rubbish and obstructions of any nature. Lessee shall have
2 responsibility for security of the specific spaces leased. City
3 shall not be responsible for removal of unlawfully parked
4 vehicles or for the security of automobiles parked in leased
5 spaces.
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9. Possessory Interest.
7 The City and the Lessee hereby agree and understand that
8 this Agreement may create a possessory interest subject to
9 property taxation and that if such possessory interest is created, I
10 the Lessee shall pay the property taxes, if any, levied on such
11 possessory interest. The Lessee shall promptly provide to the
12 City upon such payment a written certification, signed by an
13 authorized agent of the Lessee, that all such taxes due, if any,
14 have been paid by the Lessee.
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10. Terms Sub;ect to Lease Aqreement.
II This Agreement is subject to the terms and conditions of
iany provisions contained in any indenture related to bonds issued
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I, for the purchase or expansion of Parking District Lot #3. The
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:'parties recognize that City's right to occupy the subject
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premises, or to commit the premises to the uses specified in this
: Agreement, may expire before this Agreement expires by its terms.
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i:In such event, this Agreement shall terminate as of such date as
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ijCity's entitlement to use and control of the lot expires.
I: 11. Hold Harmless.
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IlapPointive boards, commissions, officers, agents and employees
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iharmless from any liability for damage or claims for damage for
!bersonal injury, including death, as well as from claims for
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Lessee agrees to, and shall, hold City, its elective and
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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 or 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.
12. 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 accidents,
and $100,000 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. 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.
13. Assiqnment.
This Agreement shall constitute a revocable license and
does not constitute an easement or covenant running with the
land. Lessee shall not assign any parking spaces which are the
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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,
4 business invitees and employees thereof. Any other use shall be
5 grounds for termination of this Lease. This Agreement
6 automatically terminates upon any sale or any transfer of more
7 than 50% ownership in the building at 454 North Arrowhead Avenue.
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14. Amendment.
9 This Agreement may be amended or modified only by written
10 agreement signed by both parties. Failure on the part of either
11 party to enforce any provision of this Agreement shall not be
12 construed as a continuous waiver of the right to compel
13 enforcement of such provision or provisions, nor shall such
14 waiver be construed as a release of any surety from its
IS obligations under this Agreement.
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15. Notices.
All notices herein required shall be in writing and
delivered in person or
!I addressed as follows:
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City
sent by certified mail, postage prepaid,
Lessee
" City of San Bernardino
" 300 North D Street
.,
I, San Bernardino, CA 92418
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Levin and Raynes
454 North Arrowhead Avenue
San Bernardino, CA 92401
16.
Validity.
If any terms, condition, provision, or covenant of this
Agreement shall to any extent be judged invalid, unenforceable,
II void, or voidable for any reason whatsoever by a court of
I,
: competent jurisdiction, each and all remaining terms, conditions,
II
" promises and covenants of this Agreement shall not be affected
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and shall be valid and enforceable to the fullest extent
permitted by law.
17. Entire Aqreement.
There are no understandings or agreements except herein
expressly state. Any modifications must be in writing.
CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
City Attorney
LEVIN
By
1/
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Approved as to form
and legal content:
)
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FILE
1 . RESOLtJ'rION NO. 87-360
2 RESOLtJ'rION OF THE CITY OF SAN BBRNARDINO AUTHORIZING THE
BXECUTION OF AN AGRBBMBNT WITH YOHKO KOBAYASHI-ARNETT RELATING TO
3 THE LEASE OF PARKING SPACES IN DOWNTOWN PARKING DISTRICT LOT t3.
SECTION 1.
The Mayor i. hereby authorized and directed to
execute on behalf of said City an Agreement with Yohko Kobayashi-
Arnett relating to the lease of parking spaces in downtown
parking district lot .3, which Agreement is attached hereto,
marked Exhibit -A-, and incorporated herein by reference as fully
as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
.meeting thereof,
held on the 5th
October
day of
, 1987, by the
following vote, to wit:
AYES:
Council Members Reilly, Flores, Maudsley, Minor,
Pope-Ludlam
NAYS:
None
ABSENT:
Council Members Estrada, ~aller
A?/bh'/.7ha;#~
;' City Clerk
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9/25/87
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1 The fore9oin9 resolution is hereby approved this '7"/ ,L day
,
2 of Oetober
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5 Approved as to form
an le9a1 content I
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1 PARKING AGRBBMBlft'
2 (Downtown ,Parking District Lot .3)
3 THIS PARKING AGREEMENT (referred to as -Agreement-) is
4 entered into between the CITY OF SAN BERNARDINO, a municipal
5 corporation, referred to as -City-, and YORKO KOBAYASHI-ARNETT,
6 an individual (referred to as :-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 444 North Arrowhead Avenue,
11 commonly known as the Beckwith Building.
12 B. Lessee has requested the designation of ten (10) spaces
13 in Parking District Lot .3 for use by employees, tenants and
14 invitees of the owners of the Beckwith Building.
15 C. The Parking Place Commission has determined that the
16 designation of such spaces for use by Lessee is in conformance
17 with its pre-established policy for leasing of parking spaces
18 within the Downtown Parking Place District.
19 2. IncorDoration of ParkinG Commission Policy.
20 A. At its regular meeting of December 4, 1986, the Central
21 City Parking Place Commission adopted Policy Guidelines for the
22 leasing of parking space in Parking District Lots 1, 2, 3 and 4.
23 That policy is as follows.
24 -GENERAL.
25 1. Parking spaces of District Lots 1, 2, 3 & 4
26 can only be leased to businesses located
27 within the District, providing that
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1 of .11 .p.ci.1 ........nt .nd
2 bu.iness licen.e fees for such business is kept
3 current.
4 2. The total number of parking spaces leased
5 in each of the District lots shall not
6 exceed 50' of~the over-all number of parking
7 .paces provided in each lot.
8 3. All future lea.es .hall be based on the
9 prevailing rates as established by the
10 Public Buildings Division. The location
11 of any leased parking .paces is subject to
12 possible future relocation within the
13 same lot.
14 4. All lease requests and applications shall be
15 reviewed by the Central City Parking Place
16 Commission.
17 PRIORITY,
18 No. 1 - All business est.blishments located
19 adjacent to the District lot.
20 No. 2 - All business establishments located
21 ' within approximately 600 feet walking
22 distance from the District lot.
23 No.3 - All business esta~lishments located
24 in the District.
25 That pOlicy is hereby incorporated herein as a term and
26 condition of this lease.
27 3. Allocation of Soaces.
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1 C1ty agr... to a..1gn and allooate ten (10) spac.. located
2 in Parking Lot .3 for use by officers, employees, tenants and
3 invitees of the Beckwith Building. The designated spaces are
4 illustrated on Exhibit -I- attached hereto and incorporated
5 herein by reference.
6 4. Consideration.
7 Lessee shall pay to City the sum of $21.40 per month per
8 space, payable semi-annually, in advance. This sum shall be
9 adjusted annually based on changes in the Los Angeles/Long Beach
10 consumer price index, provided said adjustment shall be limited
11 to a maximum of ten percent (10') annually. Upon acceptance of
12 this Agreement, Lessee shall deposit with City the amount of
13 $2,140 which will be held by City as a performance bond. City
14 agrees to apply the performance bond funds toward the first semi-
15 annual payment, less cost of $350 for signing.
16 5. ~.
17 The term of this agreement shall be 236 months commencing
18 upon the effective date of this Agreement as set forth in
19 Paragraph 5, and terminating June 30, 2007, unless earlier
20 terminated by either party as provided herein.
21 6. Termination
22 This lease may be terminated without cause upon thirty (30)
23 calendar days' written notice from either party, mailed to the
24 address indicated for the receipt of notices!
25 7. Effective Date of Aareement.
26 This Agreement shall become effective upon date of
27 execution hereof.
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1 8. Maintenance and Security.
2 City shall provide maintenance and general security at the
3 same times and in the same manner as with all other parking areas
4 owned by City and in the same general geographic area. City
5 shall keep the common areas striped, lighted, and clear and free'
6 of rubbish and obstructions of any nature. Lessee shall have
7 responsibility for security of the specific spaces leased. City
8 shall not be responsible for removal of unlawfully parked
9 vehicles or for the security of automobiles parked in leased
10 spaces.
11 9. Terms Sub1ect to Lease A9reement.
12 This Agreement is subject to the terms and conditions of
13 any prOVisions contained in any indenture related to bonds issued
14 for the purchase or expansion of Parking District Lot 13. The
15 parties recognize that City's right to occupy the subject
16 premises, or to commit the premises to the uses specified in this
17 Agreement; may expire before this Agreement expires by its terms.
18 In such event, this Agreement shall terminate as of such date as
19 City's entitlement to use and control of the lot expires .
20 10. Bold Barm1ess.
21 Lessee agrees to, and shall, hold City, its elective and
22 appointive boards, commissions, officers, agents and employees
23 harmless from any liability for damage or claims for damage for
24 personal injury, including death, as well aa from claims for
25 property damage which may arise from Lessee's operations under
26 this Agreement, whether such operations be by Lessee, its
27 officers, employees, tenants or invitees, or by anyone or more
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1 persons directly or. indirectly employed by or acting as agent for
2 Lessee. Lessee agrees to and sball defend City and its elective
3 and appointive boards. commissions. officers. agents and
4 employees from any suits or actions at law or in equity for
5 damages caused. or alleged to have been caused. by reason of any.
6 of the operations hereunder.
7 11. Liabilitv Insurance.
8 Lessee agrees to procure and maintain in force during the
9 term of this Agreement and any extension thereof, at its expense,
10 public liability insurance adequate to protect against liability
11 for damage claims through pUblic use of or arising out of
12 accidents occurring in or around said parking spaces, in a
13 minimum amount of $1,000,000 for injuries in .any one accidents,
14 and $100,000 for property damage. Such insurance policies shall
15 provide coverage for City's contingent liability on such claims
16 or losses. City shall be named as an additional insured. A
17 certificate of insurance shall be delivered to City's Risk
18 Management Division. Lessee agrees to obtain a written
19 obligation from the insurers to notify City in writing at least
20 30 days prior to cancellation or refusal to renew any such
21 policies.
22 12. Assianment.
23 This Agreement shall constitute a revocable license and
24 does not constitute an easement or covenant running with the
25 land. Lessee shall not assign any parking spaces which are the
26 subject of this Agreement without the prior written consent of
27 the City. The parties contemplate that the parking spaces will
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1 be devoted to occupant. of Le....'. building and customers,
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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 the Beckwith Building.
13.
Amendment.
This Agreement may be amended or modified only by written
agreement signed by both partie..
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.
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14. Notices.
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16 delivered in person or sent by certified mail, postage prepaid,
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All notices herein required shall be in writing and
addressed as followsl
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Lessee
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
15.
Validitv
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 &y 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.
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Entire Aaree.ent
There are no understandings or agreements except as herein
ATTEST:
SAN BERNARDINO
~- m~./'~
~ity Clerk
YOSKO KOBAYASHI-ARNETT
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By' 'd.
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Approved as to form
and legal content:
1.
ty Attorney
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