HomeMy WebLinkAbout16-City Administrator CITY OF SAN BERI~('~RDINO -REQUEST IQR COUNCIL ACTION
From: Peggy Ducey, Assistant to Subject: Resolution of the City of San
City Administrator Bernardino Authorizing the
City Administration Execution of a Parking Agreement
Between the City and William
Date: September 28, 1994 Austin Company
Synopsis of Previous Council action:
I
I
Recommended motion:
Adopt Resolution.
Signature
Contact person: Peggy Ducey Phone: 5122
1 Supporting data attached: Yes Ward: 1
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.l
1Acct. Descriotionl
Finance•
Coil Notes:
~s-axsz Agenda Item No.~-
CITY OF SAN BERN/~DINO -REQUEST F~ COUNCIL ACTION
STAFF REPORT
The William Austin Company, an investment firm located in
Riverside, is acquiring the property at 455 North "D" Street,
formerly Stockwell-Binney. They have negotiated a lease agreement
with the County Department of Aging to occupy the building.
Because the "Departments clients will be elderly, the William
Austin Company has requested to lease thirty (30) designated
parking spaces in Parking District Lot #3. The spaces would be
located directly behind the Department of Aging building.
•The attached lease agreement stipulates a rate of $25.00 per space
per month, which equates to $750 per month for all thirty spaces.
The lease payment would be due in six month increments, payable in
advance. The term of the agreement is seven years, but either
' party can cancel the agreement with 30 days written notice.
Recommendation
Adopt resolution.
i
I
I
•s•ozw
~,,
1 RESOLUTION
2 RESOLUTION OF THE CTTY OF SAN BERNARDINO AUTHORIZING THE
~ EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND WILLIAM AUSTIN COMPANY, BY THE MAYOR OF THE CTTY OF
4 SAN BERNARDINO ON BEHALF OF SAID CITY.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
6
~ SECTION 1. The Mayor is hereby authorized and dirocted to execute on behalf of said
g Ciry a parking agreement with William Austin Company.
9 A copy of said agreement is attached hereto marked Exhibit "A" and incorporated herein
10 by this reference as fully as though set forth at length.
11 SECTION 2. This Agreement shall not take effect until fully signed and executed by
12
both parties. The City shall not be obiigated hereunder unless and until the Agreement is fully
13
14 executed and no oral agreement relating thereto shall be implied or authorized.
~n 15 SECTION 3. The authorization to execute the above-referenced agreement is rescinded
'~? 16 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
17 resolution.
18 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
19
Common .Council of the City of San Bernardino at a reeular meeting thereon, held on the
20
21 day of , 1994, by the following vote, to wit:
~ 1/llJ
23 /////
24 !lIJ!
~ /////
26
/////
27
~r.
o
1 RESOLUTION AUTHORIZING AGREEMENT WITH WILLIAM AUSTIN COMPANY.
2
~, ~ ['O TTT - MEMB RS AYES NAYS ABSTAIN pg
4 NEGRETE
~ 5 CURLIN _
~ 6 HERNANDEZ -
7 OBERHELMAN
~ 8 - -
DEVLIN
9
~10 POPE-LUDLAM
11 MILLER
12
13 City Clerk
14
15 The foregoing resolution is hereby approved this day
16 of 1994.
17
18
19
~ 20 TOM MINOR, Mayor
City of San Bernardino
21 Approved as to form
~ and legal content:
23 JAMES F. PENMAN
24 City Attorney
25 By:
26
27 2
28
~,J
1 PARKING AGREEMENT
2
(Downtown Parking District Lot #3)
3
THIS PARKING AGREEMENT (referred to as "Agreement") is entered into between
4
the CITY OF SAN BERNARDINO, a municipal corporation, (referred to as "City"), William
5
6 Austin Company, (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 City of San Bernardino,
10 located at 455 North "D" Street.
11
B. Lessee has requested the designation of thirty (30) spaces in Pazking District Lot
12
13 ~ for use by employees, tenants and invitees of the owners of said building.
14 2. Consideration.
15 Lessee shall pay to City the sum of $25.00 per month per space, payable semi-annually,
16 ~ advance. This sum shall be increased by 2% on June 30 of every yeaz for the duration of the
17 agreement. By January 15, 1995, Lessee shall deposit with City the amount of $4,800.00
18
which will be applied toward the first semi-annual payment, as well as cover the $300.00 cost
19
20 for signing. City shall not complete any signing until Lessee has deposited total amount due.
21 3. Term.
22 The term of this Agreement shall be 84 months commencing upon the effective date of
~ this Agreement as set forth in Paragraph 5, and terminating February 1, 2002, unless eazlier
24 terminated by either party as provided herein.
25
/////
26
27 //1//
. p
1 4. Termination.
2 Any violation of this agreement or failure to comply enables City to terminate agreement
3 without further Council action. This lease may be terminated without cause upon thirty (30)
4
calendar days' written notice from either party, mailed to the address indicated for the receipt
5
6 of notices.
7 5. Effective Date of Agreement.
8 This Agreement shall become effective February 1, 1995.
9 6. Maintenance and Security.
10 City shall provide maintenance and general security at the same time and in the same
11
manner as with all other parking areas owned by City and in the same general geographic area.
12
13 City shall keep the common areas striped, lighted, and clear and free of rubbish and obstructions
14 of any nature. Lessee shall have responsibility for security of the specific spaces leased. City
15 shall not be responsible for removal of unlawful parked vehicles or for the security of
16 automobiles parked in leased spaces.
17 7. Terms Su 'ect to Lease Agreement.
18
This Agreement is subject to the terms and conditions of any provisions contained in any
i~ 19
indenture related to bonds issued for the purchase or expansion of Parking Ihstrict Lot #3. The
20
21 parties recognize that City's right to occupy the subject premises, or to commit the premises to
~ the uses specified in this Agrcement, may expire before this Agreement expires by its terms.
23 In such event, this Agreement shall terminate as of such date as City's entitlement to use and
24 control of the lot expires.
25
/////
26
/////
27
28 2
. p
1 8. Hold Harmless.
2 Lessce agrees to, and shall, hold City, its elective and appointment boards, commissions,
3 officers, agents and employees harmless from any liability for damage or claims for damage for
4
personal injury, including death, as well as from claims for property damage which may arise
5
6 from Lessee's operations under this Agreement, whether such operations be by Lessee, its
~ officers, employees, tenants or invitees, or by any one or more persons directly or indirectly
$ employed by or acting as agent for Lessee. Lessee agrees to and shall defend City and its
9 elective and appointive boards, commissions, officers, agents and employees from any suits or
10 actions at law or in equity for damages caused, or alleged to have been caused, by reason of any
11
of the operations hereunder.
12
9. Liability Insurance.
13
14 Lessee agrees to procure and maintain in force during the term of this Agreement and
~^"^ 15 anY extension thereof, at its expense, public liability insurance adequate to protect against
~r 16 liability for damage claims through public use of or arising out of accidents occumng in or
17 around said parking spaces, in a minimum amount of $1,000,000 combined single limits for
18 bodil in u and ro rt dams e. Such insurance licies shall rovide covers a for Cit 's
Y j rY P Pe Y g po P g Y
19
contingent liability on such claims or losses. City shall be named as an additional insured. A
20
21 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
23 to cancellation or refusal to renew any such policies.
24 10. AssiPnment.
• ~ This Agreement shall constitute a revocable license and does not constitute an easement
26
. or covenant running with the land. Lessee shall not assign any parking spaces which are the
27
~ 28 //i// s
1 subject of this Agreement without the prior written wnsent of the City. The parties contemplate
2 that the parking spaces will be devoted to occupants of Lessee's building and customers, business
3 invitees and employees thereof, Any other use shall be grounds for termination of tfiis Lease.
4
This Agreement automatically terminates upon any sale or any transfer of more than 50%
5
ownership in said building.
6
~ 11. Possessory nt r t.
8 Parties understand that this Agreement herein may create a possessory interest subject
9 to property tax. If a possessory interest is imposed by the County of San Bernardino, lessee
10 agrees to pay such tax. Anything in this paragraph notwithstanding lessee shall have Yolk rights
11 ~ challenge the legality or amount of any such tax.
12
12. Amendment.
13
14 This Agreement may be amended or modified only by written agreement signed by both
/+*~ 15 parties. Failure on the part of either party to enforce any provision of this Agreement shall not
~•r 16 be construed as a continuous waiver of the right to compel enforcement of such provision or
17 provisions, nor shall such waiver be construed as a release of any surety from its obligations
18 under this Agreement.
19
13. Notices.
20
All notices herein required shall be in writing and delivered in person or sent by certified
21
~ mail, postage prepaid, addressed as follows:
~ ~ ~ t
P~
24 City of San Bernardino William Austin Company
~ 300 North "D" Street 600 Central Ave., //81
San Bernardino, CA 92418 Riverside, CA 92507
26 /////
27
~ /!///
4
1 14. validity.
2 If any terms, condition, provision, or covenant of this Agreement shall to any extent be
3
judged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of
4
competent jurisdiction, each and all remaining terms, conditions, promises and covenants of this
5
6 Agreement shall not be affected and shall be valid and enforceable to the fullest extent permitted
7 by law.
8 15. Entire Agreement.
9 There are no understandings or agreements except as herein expressly stated. Any
10 modifications must be in writing.
11
////!
12
13 /////
14 !!!!f
15 /////
G 16 /,///
17 /////
18
/!!/f
19
20 /////
21 /////
22 !!!/!
~ /////
24 ///// '
25
/////
2s
27 /l1/1
28 5
p O
1 AGREEMENT WITH WILLIAM AUSTIN COMPANY RELATIVE TO PARKING
2 SPACES.
3
4
5
P.TTEST: CITY OF SAN BERNARDINO
6
7
$ BY:
City Clerk TOM MINOR, Mayor
9
10
11
12 Approved as to form William Austin Company
and legal content:
13
14 JAMES F. PENMAN, BY:
City Attorney
15 BY:
16
BY:
17
18
19
20
21
22
23
24
25
26
27