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CITY' OF SAN BERNODINO - REQUEST P::R COUNCIL ACTION
From: Peggy Ducey, Assistant to the
City Administrator
Dept: City Administration
Subject: Resolution of the City of San
Bernardino Authorizing the
Execution of a Parking Agreement
Between the City and William
Austin Company
Date: November 23, 1994
Synopsis of Previous Council action:
October 17, 1994 - Council approved Parking Agreement.
Recommended motion:
Adopt Resolution.
Af#j Jf:'r
Contact person: Peggy Ducey
Phone:
5122
Supporting data attached: yes
Ward:
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FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance :
Council Notes:
75-0262
Agenda Item No. /9
CITY OF SAN BERN~DINO - REQUEST Fa COUNCIL ACTION
STAFF REPORT
On October 17th, the Council approved a parking lease agreement
with William Austin Company to lease 30 parking spaces in Parking
District Lot #3. The William Austin Company is in the process of
purchasing the former stockwell-Binney building, which they will
lease to the County Department of Aging.
The building purchase has not been finalized yet, in part due to
language in Section 10 of the parking agreement which stipulated
that the agreement would automatically terminate upon sale of 50%
ownership of the building. The lender is concerned that if
foreclosure of the building occurs, they would still have access to
parking for the building tenants.
Staff has re-worded Section 10 to state that upon sale of sot
ownership of the building, the city must be notified in writing.
This change in agreement language will satisfy the lender and allow
the sale of the building to be completed. However, the City'S
position is still secure since Section 4 allows for cancellation of
the agreement without cause with 30 days written notice.
RECOMMENDATION
Adopt resolution.
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1 RESOLUTION
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN
3 BERNARDINO AND WILLIAM AUSTIN COMPANY, BY THE MA YOR OF THE CITY OF
4 SAN BERNARDINO ON BEHALF OF SAID CITY AND REPEALING RESOLUTION NO.
94-337.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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City a parking agreement with William Austin Company.
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SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said
A copy of said agreement is attached hereto marked Exhibit" A" and incorporated herein
11 by this reference as fully as though set forth at length.
12 SECTION 2. This Agreement shall not take effect until fully signed and executed by
13 both parties. The City shall not be obligated hereunder unless and until the Agreement is fully
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executed and no oral agreement relating thereto shall be implied or authorized.
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17 94-337.
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SECTION 3. This Agreement supersedes the agreement approved by Resolution No.
SECTION 4. The authorization to execute the above-referenced agreement is rescinded
19 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
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resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a re~ular meeting thereon, held on the
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day of
, 1994, by the following vote, to wit:
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o
M AUSTIN COMPANY.
ABSTAIN AINi'ITr
City Clerk
day
TOM MINOR, Mayor
City of San Bernardino
:)
1 RESOLUTION AUTHORIZING AGREEMENT WITH WILLIA
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3 COUNCIL MEMBERS A YES NA YS
4 NEGRETE
5 CURLIN
6 HERNANDEZ
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OBERHELMAN
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DEVLIN
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10 POPE-LUDLAM
11 MILLER
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15 The foregoing resolution is hereby approved this
16 of . 1994.
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Approved as to form
22 and legal content:
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JAMES F. PENMAN
City Attorney
By:
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the CITY OF SAN BERNARDINO, a municipal corporation, (referred to as "City"), William
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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.
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B. Lessee has requested the designation of thirty (30) spaces in Parking District Lot
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#3 for use by employees, tenants and invitees of the owners of said building.
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15 Lessee shall pay to City the sum of 525.00 per month per space, payable semi-annually,
16 in advance. This sum shall be increased by 2 % on June 30 of every year for the duration of the
17 agreement. By January 15, 1995, Lessee shall deposit with City the amount of $4,800.00
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which will be applied toward the first semi-annual payment, as well as cover the 5300.00 cost
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for signing. City shall not complete any signing until Lessee has deposited total amount due.
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PARKING AGREEMENT
(Downtown Parking District Lot #3)
THIS PARKING AGREEMENT (referred to as "Agreement") is entered into between
2.
Consideration.
3.
Term.
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 I, 2002, unless earlier
terminated by either party as provided herein.
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4.
Termination.
6.
Maintenance and Security.
City shall provide maintenance and general security at the same time and in the same
7.
Terms Subiect to r "<>se Al!reement.
This Agreement is subject to the terms and conditions of any provisions contained in any
22 the uses specified in this Agreement, 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
15 any extension thereof, at its expense, public liability insurance adequate to protect against
16 liability for damage claims through public use of or arising out of accidents occurring in or
17 around said parking spaces, in a minimum amount of $1,000,000 combined single limits for
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20 contingent liability on such claims or losses. City shall be named as an additional insured. A
21 certificate of insurance shall be delivered to City's Risk Management Division. Lessee agrees
22 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.
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27 or covenant running with the land. Lessee shall not assign any parking spaces which are the
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8 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
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8.
Hold Harmless.
Lessee agrees to, and shall, hold City, its elective and appointment 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 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
of the operations hereunder.
9. Liability Insurance.
Lessee agrees to procure and maintain in force during the term of this Agreement and
bodily injury and property damage. Such insurance policies shall provide coverage for City's
10.
Assi~nment.
This Agreement shall constitute a revocable license and does not constitute an easement
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1 subject of this Agreement without the prior written consent of the City. The parties contemplate
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that the parking spaces will be devoted to occupants of Lessee's building and customers, business
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invitees and employees thereof. Any other use shall be grounds for termination of this Lease.
Upon any sale or any transfer of more than 50% ownership in said building, City must be
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6 notified in writing within 30 calendar days, mailed to the address indicated for the reciept of
7 notices.
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11.
Possessory Interest.
Parties understand that this Agreement herein may create a possessory interest subject
to property tax. If a possessory inter.
is imposed by the County of San Bernardino, lessee
agrees to pay such tax. Anything in this paragraph notwithstanding lessee shall have full rights
to challenge the legality or amount of any such tax.
14 12. Amendment.
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16 parties. Failure on the part of either party to enforce any provision of this Agreement shall not
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This Agreement may be amended or modified only by written agreement signed by both
be construed as a continuous waiver of the right to compel enforcement of such provision or
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provisions, nor shall such waiver be construed as a release of any surety from its obligations
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under this Agreement.
13.
Notices.
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23 mail, postage prepaid, addressed as follows:
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All notices herein required shall be in writing and delivered in person or sent by certified
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Lessee
City of San Bernardino
26 300 North "D" Street
27 San Bernardino, CA 92418
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William Austin Company
600 Central Ave., #81
Riverside, CA 92507
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competent jurisdiction, each and all remaining terms, conditions, promises and covenants of this
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6 Agreement shall not be affected and shall be valid and enforceable to the fullest extent permitted
7 by law.
S 15. Entire A~reement.
9 There are no understandings or agreements except as herein expressly stated. Any
14. Validity.
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 by a court of
1 AGREEMENT WITH WILLIAM AUSTIN COMPANY RELATIVE TO PARKING
2 SPACES.
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12 Approved as to form
13 and legal content:
14 JAMES F. PENMAN,
City Attorney
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BY:
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ATTEST:
CITY OF SAN BERNARDINO
BY:
TOM MINOR, Mayor
City Clerk
William Austin Company
BY:
BY: