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Home My WebLink About2007-249 , 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 RESOLUTION NO. 2007-249 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOHKO KOBAYASHI-ARNETT AT 444 N. ARROWHEAD A VENUE, IN SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of the City, a Parking Lease Agreement with Y ohko Kobayashi- Arnett, relating to certain real property at 444 N. Arrowhead Avenue, San Bernardino, CA. A copy of the Parking Lease Agreement is attached as Exhibit "I" and incorporated herein by reference. SECTION 2. Authorization to execute the Parking Lease Agreement is rescinded if the parties fail to execute it within 60 days of the passage ofthis Resolution /II 07/13/07 I " RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 1 AUTHORIZING THE EXECUTION OF A PARKING LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOHKO KOBA Y ASHI-ARNETIE AT 444 N. ARROWHEAD A VENUE, IN SAN 2 BERNARDINO. 3 I HEREBY CERTIFY that the furegoing resolution was duly adopted by the Mayor and 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 Conunon Council of the City of San Bernardino at a j oint regular meeting thereof held on the 16th day of July , 20 07 , by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER X DERRY X KELLEY X JOHNSON X MCCAMMACK X City Clerk ~~ The foregoing resolution is hereby approved this ~ day of July , 20~. CK J. MO , Mayor San Bernardino Approved as to Form: 06/21/07 2 2007-249 PARKING LEASE AGREEMENT (Downtown Parking District Lot No.3) THIS PARKING LEASE AGREEMENT (referred to as "Agreement") is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and YOHKO KOBAYASHI-ARNETT, an individual (referred to as "Lessee). City and Lessee Agree as follows: 1. Recitals A. Lessee is the owner of business property located at 444 North Arrowhead Avenue. B. Lessee has requested the designation of five (5) spaces in Parking District Lot No.3 for use by employees, tenants and invitees of Lessee at said business property. 2. Consideration Lessee shall pay to the City the sum of $25.00 per month per space, payable semi- armually, in advance. This sum shall be adjusted on the I51 day of July every year commencing July 1, 2008, for the duration of the Agreement, based on the Los Angeles/Long Beach consumer price index, provided said adjustment shall be limited to a maximum often percent (10%) armually. Upon acceptance of this Agreement, Lessee shall deposit with the City the amount of $750.00 which will be held by the City as a performance guarantee, equal to six (6) months lease payments. Parties agree that if the contract is terminated within the first six (6) months, damages would be difficult to calculate, and that the performance guarantee would be forfeited as liquidated damages. City agrees to apply the performance guarantee funds towards the first semi- armual payment. 07/13/07 1 2007-249 AGREEMENT WITH YOHKO KOBA Y ASHI-ARNETI FOR LEASE OF PARKING SPACES- DISTRICT PARKING LOT NO.3 3. Term The term of this Agreement shall be 60 (sixty) months commencing on the 1st day Of July, 2007 and terminating June 30, 2012, unless earlier terminated by either party as provided herein. 4. Termination This lease may be terminated by either party for any reason upon thirty (30) days written notice, mailed to the address indicated in Section II. 5. Maintenance and Security City shall provide maintenance and general security at the same time and in the same manner as with all other parking areas owned by City within Parking District Lot No.3 and in the same general geographic area. Lessee shall have responsibility for security of the specific spaces leased. City shall not be responsible for removal of unlawfully parked vehicles or for the security of automobiles parked in leased spaces. 6. Indemnification and Hold Harmless Lessee shall indemnify, defend and hold harmless City and its elected and appointed officials, officers, agents and employees from any and all claims, liabilities, expenses, including attorney's fees, damage to property or injuries to or death of any person or persons arising out of or in any way related to the use of any of the five (5) designated parking spaces by Lessee or Lessee's tenants or any of their employees or invitees. 7. Liabilitv Insurance Lessee shall obtain 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 property damage or personal injury occurring in or around said parking spaces, in a 07/13/07 2 2007-249 AGREEMENT WITH YOHKO KOBAYASHI-ARNETT FoR LEASE OF PARKING SPACES - DISTRICT PARKING LOT NO.3 minimum amount of $1 ,000,000 combined single limit, per occurrence and aggregate. Such insurance policies shall name the City and its elected and appointed boards, officers, agents and employees as an additional insured. A certificate of insurance shall be delivered to the Real Property Section, Development Services Department upon the commencement of this Lease. Said insurance policies shall not terminate nor shall they be canceled nor the coverage reduced until thirty (30) days after written notice is given to City. 8. Assilmment 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 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, 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 fifty percent (50%) ownership in said building. 9. Possessorv Interest Parties understand that this Agreement herein may create a possessory interest subject to property tax. If a possessory interest is imposed by the County of San Bernardino, Lessee agrees to pay such tax. Anything in this paragraph not withstanding, Lessee shall have full rights to challenge the legality or amount of any such tax. 10. Amendment This Agreement may be amended or modified only by written agreement signed by both parties. Failure on the part of either party to enforce any provision of this Agreement 07/13/07 3 2007-249 AGREEMENT WITH YOHKO KOBAYASHI-ARNETT 'FOR LEASE OF PARKING SPACES- DISTRICT PARKING LOT NO.3 shall not be construed as a continuous waiver of the right to compel enforcement of such provision or any other provision of this Agreement. 11. Notices All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: ~ Lessee Real Property Section Development Services Department City of San Bernardino 300 North "D" Street 3'd Floor , San Bernardino, CA 92418 Yohko Kobayashi-Arnett 11602 Arroyo Avenue Santa Ana, CA 92705-3003 12. Validity If any term, 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 bylaw. 13. Entire Agreement This Agreement constitutes the entire Agreement between the parties and supersedes any and all prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. III III III 07/13/07 4 2007-249 AGREEMENT WITH YOHKO KOBA Y ASHI-ARNETI'FOR LEASE OF PARKING SPACES- DISTRICT PARKING LOT NO.3 LESSEE: CITY OF SAN BERNARDINO ~,J'A ~J11A a:A.- YOHKO KOBAYASHI-ARNETT ATTEST: ~C1cvJU b 0RA~HE~~d;;~ Approved as to form: }. SF. PENMAN, City Attorney 07/13/07 5