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COUNCIL
CITY ,OF 'SAN BERNODINO - REQUEST F~ COUNCIL ACTION
From: JOHN F. WILSON
Sr. Deputy City Attorney
Dept: CITY ATTORNEY
Subject: PARKING AGREEMENT WITH
235 INVESTMENTS, INC.
Date: May 3, 1989
Synopsis of Previous Council action:
reviewed by Council on 5-1; City Attorney directed to
amend and return
Recommended motion:
1. Adopt Resolution OR
2. Refer to Ways and Means
PLEASE SEE ATTACHED
JOHN F. WILSON Signature Sr. Deputy City AttornE
Contact penon:
John F. Wilson
Phone:
5162
Supporting deta attached:
Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Flnence:
Council Notel:
Aaenda Item No
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C'ITY' OF' SAN BERt6:RDINO - REQUEST ~ COUNCIL ACTION
STAFF REPORT
Amendments requested by Council at meeting of May 1, 1989,
are added to first two paragraphs of Section 6,
page 5.
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PARKING AGREEMENT
(Five-Level Parking structure - 5th Level)
THIS PARKING AGREEMENT (referred to as "Agreement") is
entered into between the REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, referred to as "Agency", the CITY OF SAN BERNARDINO,
a municipal corporation, referred to as "City", and 235
INVESTMENTS, INC., a Nevada corporation, referred to as "Owner".
CITY and OWNER agree as follows:
1. RECITALS.
( a ) Ci ty and Agency executed a Lease Agreement
dated September 4, 1972, wherein the Agency leased to
City for a period of 50 years the Parking Facility
adjoining City Hall, San Berna,'d.\.r:o, ::::uli)'Gl',.,i.a, liP-ten
wauld prcvide necessary public parking to the users of
the commarcial, civic and cultural complex.
Said
Parking Facilities are described in Exhibit "A", a copy
of which is atcached hereto and by this reference made
a part hereof.
(b) Section 4 of the Lease Agreement provides for
the use of the Parking Facility as follows:
"a. It is understood and agreed that the
leased premises shall be maintained and used
as a parking facility for the benefit of the
public patronizing the Commercial, Business
and Cultural Areas which facility shall be
available to the pUblic without charge,
provided, however, that City shall adopt and
enforce reasonable regulations and controls
with respect to such use, including parking
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time limits, which regulations and controls
shall be substantially in accordance with the
parking assignments and allocations set forth
in the report of Armstrong-Ulmer Gruen
Associates, Inc., entitled San Bernardino
Central City Parking Structures Operation,
attached hereto as Exhibit 'D' and by this
reference made a part hereof: provided,
however, said assignments and allocations
may be varied or changed from time to time
upon the recommendation of Agency or City
subject to the concurrence of Agency and
City, such concurrence not to be unreasonably
withheld.
b. City agrees that the use of the leased
premises shall be restricted solely to uses
consistent with the purposes specified in
subparagraph a. of this paragraph."
(c) The Lease Agreement, although prohibiting the
imposi tion of charges upon the public patronizing the
Commercial, Business and Cultural areas, permits the
imposition of charges for parking upon regular users
with reserved spaces, and upon employees of tenants and
owners of property in the immediate downtown area.
(d) The owner is the owner of certain real
property more particularly described on Exhibit "B"
attached hereto, upon which is constructed an office
building.
( e )
Owner has requested
the designation of
certain spaces for use by its officers, employees,
tenants, and invitees, and City has determined that no
adverse impact on public parking in the Parking
Facility will result from the allocation of these
parking spaces.
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( f ) The parties have agreed to enter into this
agreement to provide parking as required by San
Bernardino Municipal Code Section 19.56.190, for the
use of Owner's officers, employees, tenants and
invitees to the building described in Exhibit "B".
NOW, THEREFORE, the parties hereby agree as follows:
2. TERM.
The term of this agreement shall commence upon the
effective date of this agreement, and terminate at 12:00 a.m., on
June 15, 1994.
Owner shall have the option to renew this
agreement for three (3) successive five-year periods provided
that Owner is not in default of any of the provisions of this
agreement at the time of renewal.
This lease may be terminated
by either party without cause upon the giving of written notice
of the termination to be effective no sooner than ninety (90)
calendar days from the date of notice.
3. PAYMENT.
Owner shall pay to City the sum of $22.34 per month per
per designated parking space and $11.17 for each of the
undesignated parking spaces for a total base cost of $73,052.00
per year, payable quarterly, 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, Owner shall deposit with City the amount of
$18,263.00, which will be held by City as a performance bond.
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City agrees to apply the performance bond funds toward the first
quarterly payment.
Failure by Owner to pay to City, quarterly
payments in advance shall consitute a breach of this agreement.
4. PARKING RIGHTS.
City hereby covenants, grants, and agrees that the
following parking rights (collectively the "Parking Rights") will
be provided and maintained on the Garage Site to provide parking
for the use of any tenants, subtenants, guests, licensees,
customers, visitors, invitees, and employees of the buildings now
and hereafter located on the office building site on the terms
and conditions contained herein:
(a) 185 designated parking spaces on various
levels of the Parking Facilities; and,
(b) 175 undesignated parking spaces on the
fifth level of the Parking Facility; and,
( c ) Owner acknowledges and agrees that the
allocation of 175 undesignated parking spaces
does not obligate the City to ensure that
such parking space or any parking space will
be available at any particular time on any
given day.
5. OPERATION AND MAINTENANCE
The City shall, at its own expense:
(i) operate, maintain and furnish the
Parking Facilities, including but not limited
to accessways, driveways, stairways, and
elevators, in accordance with the usual
standards of operation and maintenance of
parking structures, and in accordance with
all applicable laws, statutes, ordinances and
regulations;
(ii) restripe the spaces required for
handicapped parking;
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(iii) develop traffic patterns within
the Parking Facilities satisfactory to City
after consultation with the owner, including
new and improved signage clearly directing
users from the parking facility to the
owner's Building.
6. APPLICABLE REQUIREMENTS
Owner hereby promises that no use or combination of
uses shall be permitted of the real property described in Exhibit
"B" which shall require a number of parking spaces which pursuant
to the San Bernardino Municpal Code is in excess of those
provided under this agreement, except as may be otherwise
provided by law.
Nothing herein shall be construed as exempting the owner
from any other requirements or from compliance with any other law
or regulation with respect to the occupancy of such real
property.
Subject to the qualifications set forth above, City
represents that the parking provided pursuant to this covenant
complies with all applicable state and local zoning, building,
fire, safety, and other requirements in connection with parking
required for the use and operation of the office building.
7. LAWS GOVERNING AGREEMENT
This Agreement shall be governed under the laws of the
State of California.
8. GENERAL PROVISIONS
Each party agrees to perform any further acts and to
execute and deliver any further documents which may be reasonably
necessary to carry out the provisions of this Agreement.
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9. POSSESSORY INTEREST
The City and the Owner hereby agree and understand that
this Agreement may create a possessory interest subject to
property taxation and that if such possessory interest is
created, the Owner shall pay the property taxes, if any, levied
on such possessory interest. The Owner shall promptly provide to
the City upon such payment a written certification, signed by an
authorized agent of the Owner, that all such taxes due, if any,
have been paid by the Owner.
10. PARKING CREDIT
This agreement does not grant, authorize, or otherwise
effect in any manner any parking credit to which owner mayor may
not be entitled as owner of a building subject to assessment by
the Central City Parking District.
11. HOLD HARMLESS
Owner agrees to, and shall, hold City, its elective and
appointive 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 rise from Owner's operations under
this Agreement, whether such operations be by Owner, its
officers, employees, tenants or invitees, or by anyone or more
persons directly or indirectly employed by or acting as agent for
Owner.
Owner 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
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damages caused, or alleged to have been caused, by reason of any
of the operations hereunder.
12. INSURANCE PROVISION
the terms of this Agreement and any extension thereof, at its
Owner agrees to procure and maintain in force during
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 accident,
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 in such
policy of insurance.
Documentation of insurance shall be
delivered to City's Risk Management Division.
owner agrees to
obtain a written obligation from the insurers to notify City in
writing at least thirty (30) days prior to cancellation or
refusal to renew any such policies.
13. REVOCABLE LICENSE
This Agreement shall constitute a revocable license and
does not constitute an easement or covenant running with the
land.
subject of this Agreement without the prior written consent of
owner shall not assign any parking spaces which are the
the City.
The parties contemplate that the parking spaces will
be devoted to occupants of owner's building and customers.
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14. PEDESTRIAN BRIDGE AND WALKWAY
OWner hereby promises that within ninety (90) days of
the effective date hereof, OWner shall file with the appropriate
departments of the City of San Bernardino plans for the
construction of a pedestrian bridge and walkway to span the area
between the westerly side of the second floor of the Parking
Facility and the Easterly side of the real property described in
Exhibit "B" attached hereto, commonly known as the Thrifty
Building.
The Easterly facade of the Thrifty Building shall be
suitably remodeled to look like the front entrance of the
Thrifty Building.
Wi thin ninety (90) days of the date of the
notice advising OWner of the final approval of plans, OWner shall
commence construction of the pedestrian bridge/walkway span and
remodeling of the Easterly facade of the Thrifty Building.
15. COVERED PEDESTRIAN RAMP
OWner hereby promises that within ninety (90) days of
the effective date hereof, OWner shall file with the appropriate
departments of the City of San Bernardino plans for the
construction of a covered pedestrian ramp spanning the area from
the Westerly side of the fifth floor of the Parking Facility to
the second floor of the property described in Exhibit "B",
commonly known as the Thrifty Building. within ninety (90) days
of the date of the notice advising OWner of the final approval of
plans, Owner shall commence construction of the covered
pedestrian ramp.
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16. ASSIGNMENT.
Owner shall not assign any parking spaces which are
the subject of this Agreement without first having received the
written consent of City. City hereby agrees not to unreasonably
withhold its consent.
The parties contemplate that the parking
spaces will be devoted to occupants of Owner's building and
customers, business invitees and employees thereof.
Any other
use shall be subject to strict scrutiny.
17. AMENDMENT.
This Agreement may be amended or modified only by
written agreement signed by both parties and failure on the party
of either party to enforce any provision of this Agreement shall
not be construed as a waiver of the right to compel enforcement
of such provision or provisions, nor act to release any surety
from its obligations under this Agreement.
18. NOTICES.
All notices herein required shall be in writing and
delivered in person or mailed by certified mail, postage prepaid,
addressed as follows:
OWNER
CITY
235 Investments, Inc.
235 Montgomery Street
Suite 972
San Francisco, CA 94104
City Clerk
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
19. VALIDITY.
If any terms, conditions, provisions or covenants of
this Agreement shall to any extent be judged invalid,
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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 by law.
20. CONCURRENCE BY REDEVELOPMENT AGENCY.
The foregoing provisions of this Agreement and the
assignment and allocation of parking spaces is concurred in by
the Redevelopment Agency of the City of San Bernardino, without
waiving its rights to insist upon full compliance with the terms
of the lease referred to in Section 1.
IN WITNESS WHEREOF the parties have executed this
Agreement on
, 19
ATTEST:
CITY OF SAN BERNARDINO
City Clerk
Evlyn Wilcox, Mayor
City of San Bernardino
APPROVED AS TO FORM
AND LEGAL CONTENT
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
Agency Counsel
BY:
APPROVED AS TO FORM
AND LEGAL CONTENT:
235 INVESTMENTS, INC.
JAMES F. PENMAN
BY:
BY:
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EXHIBIT nAn
Parcel 28 of Parcel Map No. 688, as per plat thereof
recorded in Book 25 of Parcel Maps, pages 47 through 58,
inClusive, records of the County Recorder of San Bernardino
County, State of California.
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EXHIBIT "B"
Parcel 27 of Parcel Map No. 688, as per plat thereof
recorded in Book 25 of Parcel Maps, pages 47 through 58,
inclusive, records of the County Recorder of San Bernardino
County, State of California.
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CJTY OF SAN BE~RbINO - REQUEST ,,)OR COUNCIL ACTION
From:
JOHN F. WILSON
SENIOR DEPUTY CITY ATTORNEY
CITY ATTORNEY
Subject:
PARKING AGREEMENT WITH
235 INVESTMENTS, INC.
~
D8~: April 25, 1989
Synopsis of Previous Council action:
NONE
Racommended motion:
MAYOR & COMMON COUNCIL
1. Adopt Resolution OR
2. Refer to Ways and Means
COMMUNITY DEVELOPMENT COMMISSION
1. Adopt Resolution OR
2. Refer to Ways & Means Committee.
PLEASE SEE ATTACHED
JOHN F. WILSON Signature
Senior Deputy City Attorney
Con~ct person: .Tnhn F. Wi IAnn
Phone: 5162
Supporting da~ attached: Staff Repnrt
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.1
fAcet. DescriPtion)
Finance:
C"'.ncil Notes:
75.0262
Agenda Item No
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.~ CITY OF SAN BEROARDINO - REQUES't-i:OR COUNCIL ACTION
. .
From:
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C~istrator
Subject: PARKING AGP.EEr1ENT WITH
235 INVESTMENTS, INC.
,:
Date: Apri 1 ., g, 19139
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Synopsis of Previous Council action:
NONE
Recommended motion:
1. Adopt Resolution OR
2. Refer to Ways & Means Committee.
j ~ ,,~.W<.
JOHN F. WILSON. Sr. D~ou~v Ci~v A~~nrn~y
Contact perlon:
Fred Wilson
Phonal
5124
Supporting data attached: Staff Report
Ward:
fUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
ell Notel:
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CITY OF' SAN BERCARDINO -
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REQUEST'rbR COUNCIL ACTION
STAFF REPORT
235 Investments, Inc., a Nevada corporation, proposes
to lease 370 spaces in the five-level parking structure. These
spaces will be for the use of tenants and customers of the
Thrifty Building. It is proposed that 185 of the 370 spaces be
reserved. The remaining 175 spaces are to be unreserved, but
available for use on the fifth-level of the structure. The lease
would be for an initial term of approximately 5 years. OWner
will thereafter have an option for three 5-year renewals. The
lease may be terminated without cause upon 90 days written notice
by either party. OWner is authorized to construct two pedestrian
walkways from the parking structure to the Thrifty Building.
The lease presents a number of unresolved issues:
1. The 370 spaces are an over-
allocation of the spaces in the parking
structure. The rights and responsibilities
of the parties to this agreement must be
clearly understood as to those occasions when
other parties with superior rights fully
utilize the available spaces.
2. Will the City recognize the 370
designated and undesignated spaces as
legally adequate parking for the uses
proposed for the Thrifty Building?
3. Does the City want to establish the
precedent of charging for undesignated
parking spaces?
4. Does the City wish to enter into a long-term
lease of the spaces?
No conclusive determination has been reached as to
these items.
The agreement contemplates that:
1) The City shall not be responsible for providing
other spaces and shall continue to be entitled to the full rent
for undesignated spaces even though no such spaces may be
available to the owner of a given time because of utilization by
a lessee with a superior interest in such spaces.
2) The 370 spaces shall be deemed by the City to be
legally adequate parking for any use or combination of uses to be
made of the Thrifty Building.
75-0264
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STAFF REPORT
THRIFTY BUILDING
PAGE 2
PARKING
*************************************************************
3) The City will require payment for the undesignated
parking spaces.
4) The City commits to a potential twenty year lease
of the parking spaces.
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C I T Y 0 F SAN B ERN A R 0 I N 0
INTEROFFICE MEMORANDUM
TO: James E. Robbins
FROM: Fred A. Wilson, Assistant to the City Administrator
SUBJECT: Parking Agreement for Thrifty Building
DATE: April 25, 1989
COPIES: Brad Kilger, James C. Richardson, Steve Dukett
-------------------------------------------------------------
The attached parking agreement relating to the Thrifty
Building (201 North "E" Street) was prepared by the City
Attorney's office as a mechanism for meeting the building's
legal parking requirements. It raises a number of issues
relating to usage of the parking structure. In terms of
background, the city and Main StrAP~ WArp jojntly approached
by 235 Investments, Inc. C:(Oonald ~President) who
indicated an interest in purcl1a..l..q this bu'ilding provided
the problem of insufficient parking could be resolved. Mr.
Lew had initially proposed to bring in a parking management
company to establish a parking management program in the
five-level as the mechanism for meeting the buildings' legal
parking requirements. However, because of unresolved
questions regarding existing contractural obligations as well
as restrictions imposed by the federal funding which was used
to construct this facility, this proposal was not pursued.
Five-Level Parkina Structure
The five-level parking structure is owned by the
Redevelopment Agency and, in September 1972, was leased to
the City for a fifty-year period. The purpose of the
structure according to the original lease documents is to
provide necessary public parking to the uses of the civic
Center block which is formed by "E" Street, "0" Street,
Second Street and Court Street. In addition to requiring
that this facility be available to the public, the City was
also authorized to establish regulations and controls for the
use of the five-level which were to be consistent with a
report prepared by an outside consultant - Armstrong Ulmer
and Gruen Associates dated November 19, 1969. This report
provided a general frame work for the allocation of parking
spaces and has served as a general quide to the City in this
regard. It is recognized that some changes have occurred
relative to the actual buildings which have been constructed
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versus whaMas proposed in the Pl~' For example. this
report envisioned a seven story bank and office structure at
201 North "E" street requiring approximately 180 parking
spaces in the five-level. A three-story office, restaurant
and retail complex was actually constructed. In terms of
parking requirements for this building, according to a 1973
RDA memorandum a resolution was approved with the building
owner at the time, the Thrifty Realty Company, allocating 130
spaces in the five-level. These spaces were apparently
determined to be sufficient to meet the City's legal parking
requirements.
In May 1980, a lease was executed for 85 spaces between the
RDA and the Vanir Development Company (new building owner)
for use by the building tenants. On April 27, 1984, the
Mayor and Council credited the Thrifty Building with 185
spaces, consisting of the 85 leased spaces and 100
undesignated spaces to meet the needs of the building
tenants, for building permit and certificate of occupancy
purposes. A more concise summary of the chronoloqy of the
activities affecting the parking spaces allocated to this
building was developed by Dennis Barlow and is provided as an
attachment.
parkina Reauirements
235 Investments, Inc. have indicated that they require 360
parking spaces before they will complete their purchase of
the Thrifty Building. It should also be noted that 235
Investments, Inc. has also agreed to construct two pedestrian
walkways from the parking structure to the Thrifty Building.
Based on the current parking
assuming the following uses for
parking needs for the building are
requirements however and
the building, the actual
detailed below:
Protlosed Use Sauare Footaae Total parkina
Reauirement
Office Space 35,000 SF. 116 Spaces
Big 5 Retail 11,000 SF. 45 Spaces
Restaurant 23.000 SF. 393 Stlaces
Total 69,000 SF. 554 Spaces
235 Investments, Inc. requirement for 360 spaces is 175
spaces over what was initially allocated to the Thrifty
Building in 1980 and 1984 and 194 spaces short of the
existing legal parking requirements. Attachment 2 summarizes
the existing lease obligations in the five-level parking
structure. This attachment indicates that the five-level has
30 spaces remaining which are not committed. Even though the
five-level is fully committed through these obligations, a
survey conducted over the past week revealed that the average
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vacancy rate in~he structure was appro~matelY 47%. A
summary of the survey is provided as Attachment 3. Part of
the reason for this high vacancy rated include: Maruko's
average daily use is approximately 100 spaces, City employees
currently park at the surface lot at Court and "E" Street,
Pacific Savings, Sun Company and Heritage do not fully
utilize their assigned parking spaces.
235 Investments, Inc.'s request for 175 parking spaces over
what was designated to the Thrifty Building coupled with the
additional shortage of 194 spaces required by ordinance
commits the City to significantly over allocating parking
space in the five-level structure. The issue of parking
rights of the Thrifty Building as well as the other buildings
in the "Civic Center Block" was addressed by the City
Attorney's Office in a recent advisory memo. The memorandum
addressed the question of whether buildings in the block
immediately adjacent to the five-level parking structure were
entitled to a Certificate of occupancy simply by the fact of
the adjacency to the parking structure based on the lease
agreement between the Redevelopment Agency and the city. The
City Attorney's Office noted that this may have been the
intent of the designers of the parking facility. However,
because lease agreements were executed with Vanir Tower and
the Maruko Hotel, a precedent was established that these
buildings were not entitled to a Certificate of Occupancy
based simply on the fact of this adjacency.
The Planning Department has recognized the need to reevaluate
parking standards in the downtown. The General Plan calls
for a consideration of such parking concepts as joint use,
shared parking and off peak demand to maximize parking
utilization. This evaluation of parking alternatives will be
addressed through the Development Code update. In addition,
the Planning Department is considering including a non
conforming uses clause in the urgency ordinance which will be
presented to Mayor and Council on May 31 which also may
alleviate the parking requirements for the Thrifty Building.
Issues
The major issues with regard to this proposal include:
1. Is the City willing to reduce the legal parking
requirements for the Thrifty Building?
2. Is the City willing to overallocate parking space in the
five-level parking structure?
3. Does the City wish to enter into a long term lease of
the parking spaces?
Alternatives
1. Require 235 Investments, Inc. to file an application for
a variance to the legal parking requirements for this
building.
2.
~
Approve the attached parking
an overallocation of parking
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agreement recogn1z1ng that
spaces will result.
3. Lease the available uncommitted parking spaces, (30
spaces) cancel all leases which are not related to a
building in the "Civic Center Block" and lease these
spaces to 235 Investments, Inc. (30 spaces) providing a
total of 254 parking spaces. Require the payment of the
in-lieu parking fee ($10,000 per space) for the
remaining required parking spaces (either 106 spaces to
meet applicant's request or 300 spaces to meet existing
legal requirements) and recognize that either option is
legally adequate for the uses proposed for the Thrifty
Bu'lding.
o A. WILSON
Assistant to
City Administrator
FAW/sh
Attachment
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FIVE LEVEL PARKING STRDCTURE
AVAILABLE PARKING SPACES AS OF MAY 1, 1989
TOTAL SPACES
Designated: (Reserved):
Vanir Towers (5/23/1973 - 3/1/2025)
Beritage (11/15/1982 - 11/15/2002)
City Officials (9/4/1974 - 11/15/2024)
City Vehicles
Bandicapped (9/4/1974 - 9/4/2024)
Maruko Botel (8/4/1987 - 8/3/2024)
Thrifty Building (6/9/1980 - 5/1/2005)
Total Designated
Allocated:
1576
325
39
23
55
4
200
8S
731
Maruko Botel (8/4/1987 - 8/3/2024) 300
Pacific Federal (4/15/1972 - 4/15/2025) 125
Thrifty Building 100
Total Allocated: 525
City Ball Employee Parking: 290
Total Designated and Allocated & City Employee 1546
(Sun Company's agreement expires may 15, 1989)
FRED A. WILSON 4/20/89
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SUMMARY OF FIVE LEVEL PARKING STRUCTURE SURVEY
Floor Total Used Unused % %
Spaces Spaces Spaces Avg. Used Spaces Unused Spaces
1st 320 212 108 66 34
2nd 299 227 71. 6 76 24
3rd 312 234 78 75 25
4th 318 118 200 37 63
5th 326 48 278 15 85
Total Space
Total Used Spaces
Total Unused Spaces
% Used Spaces
% Unused Spaces
1575
839
736
53
47
*The survey was conducted from 4/11/89 to 4/20/89, between 9:00 a.m.
and 3:00 p.m.
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CITY OF SAN BERNARDINO
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MEMORANDUM
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Fram DIKHIS A. ~W ___,
Sr.a..t.C ty Atty ,
DItI J, uu.~ry' ,14, 1IBB
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Apparently, the Sumltomo Bank ha. for.clo..d on . tru.t d ~.
th. old ~hrifty bundlng .nd ha. taken Utl. pur.uant to ..',
~ru.te.'a D..d Upon Sale record.d Sept.mb.r II, 1.B7. A
pro.p.ctlve purch..er of the property 1. nov que.tlonlng If the
pr.vioualy .lloc.ted parUng ap.c.. In th. .dj.c.nt 5-1ne1 I\OUTlf,
farklng atructur. viII go vltb tb. prop.rty or .r. tb.y tb. . I
prop.rty. of tb. origln.l 1....., B. Pr.nk Domingu.., db. a J(
Vulr R....rcb Colllp.ny, vbo v.. .lao tb. previous owner of tb. JH .JC.
old ~hrifty bunding. Appar.ntly, IIr. Domingues b.. approacbedlolE ..!
th. pro.pectlve purch...r. off.ring to ...1gn hi. 1.... for a a ~
pdce. , . LV ..s..
... '011..1.. I. . .......... o' ... ..tl..t. .f.oot... ... ~
p.rking apac... ,
S.pt.mber ., 1.72 - RDA l...ed th. 5-1.vel parking .tructure t
tbe City for 5D y.ar.. ~~.
DRI-.J
S.pt.mber 17, 1173 - Letter from ndfty Realty Coa.,.ny t.o lOU1ICllPl
RDA r.qu..tlng th.t .ufflcient p.rklng .p.ce. b. provid.dAm_l
In the p.rking .tructur. a. p.rt of tb. ..le. agr.ement v:~
for tb. ~bdfty bunding (t.k.n from a m.mo by Peter Llu, Jo c..
Clt~ ~r.ffic Engin..r, a.t.a 4-2&-84). , ~
September 20, 1173 - RDA Re.oluUon Ro. 273D .pproving tb.
~brlfty Re.lty Sal.. tr.n..ction a. revised to provide
130 p.rking .p.ce. (Liu m.mo, 4-2&-B4. Slnc. RDA h.d
prevlou.ly l...ed tb. p.rking .tructur. to the City, It
could not provide p.rklng .p.c.. to anyon.. ~her.for.,
tbia action v.. Invalid).
GLIRDA SAUL, b.clltb. Director
Red.velopment Ag.ncy
Parking Spac.. Alloc.ted to tbe
old ~brifty Building
: SubjIct
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September 21, 1.73 - Lett.r from RDA Executive Director P.W.
Quinn, Jr. to Thrifty Re.lty confirming Bo.rd action in
1-20-73 CLlu memo, 4-2&-84).
Spring, 1.7. - V.nlr purcb...d tb. old Tbrifty building (Liu
..JIIO, 4-2&-84). "
July I, 1'7' - Approv.l by Central City P.rking Pl.c.
Commls.lon. P.rking Pl.ce Commi..ion to Incre..e the 130
.pac. alloc.tlon to 1B5 .p.c.. .. reque.ted by B. Prank
Domlngu.. of Vuir (Llu lIemo, 4-2&-84).
PRrDE ~
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Janu.ry 1.. 1111
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Ju17 .. 1.7. - P.rklng Comml..lon r.commena.tlon pr..ent.a to
Council - Contlnu.a to Ju17 23. 1.7. lLlu ..~. .-21-84'.
Ju17 23. 1.7. - Coancll alr.ct.a City Attorn.y to pr.par.
D.c....ry .gr....nt .utborlzlng 100 p.rklDg .p.c.. for
Don-..clu.I.. a.. C3-bour 11.lt.a p.rklng' at th.
.outb...t corn.r of tb. 5-1.vel p.rklng atractar.. "yor
..to.a tbe ~tlon for an .dditlon.l 85 de.ignat.a ap.ce.
on tb. .tb 1...1. bat r.commend.a a co.pro.i.. to 1....
85 ae.lgn.t.a ap.c.. wltb a cb.rg. of .15 per apac. per
montb .ff.ctl.. tb. 8tb y..r. wbicb r.commena.tIOD ...
.aopt.a CLla .e~. .-21-8.. conflrmea by refereDce to
aiDatea' .
Auga.t f. 1171 - Punuant to 7-23-71 .ction. a..olatioD of Clt7
alloc.tlng 85 p.rkiDg ap.c.. to bullaing at aoatbwe.t
corner of p.rklng atructur. .na . r..olutlon of Clt7
authorizing ..ecutloD of .gr....nt wltb KDA ae.lgn.tlng
85 sp.c.. on the southwe.t corner of .th floor of parking
structure for aaj.c.nt bullalng. Contlnu.a to Auga.t 20.
1171.
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August 2.. 1.7. - a..olutlon. pr..ent.a Augu.t I. !.7.. ~a
contlnuea to tbl. a.t.. further contlnu.a to S.pt.mb.r
10. 1"'.
Septemb.r 10. 1'7' - a..olatlon. pr..entea Augu.t f. 1'7'. ana
~ontlnuea to Augu.t 20. 1'7', .na thl..date furtber
contlnuea to S.pt.mber 17. 1.7..
Septemb.r 17. 1'7' - ae.olutlon. pr..entea Augu.t I. 1'7'. ana
continuea to Augu.t 20. 1'71. Sept.mb.r 10. 1.71. ana
this d.t.. furth.r contlnu.d to October 1. 1'7'.
Octob.r 1. 1.7. - a..olutlon. pre..ntea Augu.t I. 1'7' ana
contlnu.a to August 20. 1'7', S.ptember 10, 1'7'.
S.pt.mber 17, 1.71, ana thi. aat., furtb.r continued to
Octob.r 15. 1.7..
October 15, 1'7' - a..olution. pr..entea Augu.t I, 1'7', .na
continuea to Augu.t 20, 1979, Sept.mb.r 10, 1'7'.
S.pt.mb.r 17. 1971. Octob.r 1, 1971, .na this d.t.,
t.bl.a by Council .ctlon.
January 21, 1'80 - Council .aopt.a a..olution Ro. 80-21
.uthorlzlng the ...cutlon of .n ..ena..nt to tb.
Septemb.r ., 1973, Agr..m.nt with KDA to r...rt 85
p.rking .p.c.s b.ck to tb. KDA, so KDA coula 1.... to B.
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January 14. 1188
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Pr.nk DO.ingue. (Liu Re.o. 4-21-8C). IDA .pproVed thi.
..end.ent on tb. .... d.y by ".olution 80. 402.. Doting
tb.t the purpo.. v.. to provide p.rking for tb. D.. by
tb. building ten.nt. and cu.to..r. of tbe ~brifty
bUilding. ~Jl. .ubj.ct .p.ce. v.r. .t tb. .outbv..t
corn.r of tb. 4tb level of tb. p.rking .tructare. .
Janu.ry 28. 1.80 - IDA di.cu..ion of propo..a p.rking .gr....nt
. vitb B. Pr.nk DO.ingu... dir.ctionJiv.n to coan..l to
revi.. propo.al .na..tt.r continu to 2-C-80.
Pebraarl' 4. 1..0 - Ka1'Or ..to of a..oluUon 80. 10-77
.utbori.ing tb. e..cutlon of . parking .pace .gr.ement
..ong tb. City. B. Pr.nk DO.ingu.. .na IDA r.l.ting to IS
de.ignat.a parking .pac.. (Liu ..mo. C-2-8C, confir..a bl'
revi.v of ainute.).
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Karch 3. 1.80 - Council r..aopt.a a..olutlon 10-77 approving in
principle th. e..cutlon of a parking .gr....nt among
Cltl'. B. Prank Do.lngu.. ana IDA for th. 1.... of IS
ae.ign.t.a parking .pac.. ana ..ttlng a public h.aring
(Liu ...0. 4-21-IC).
7. 1.80 - Councll/Commi..lon joint public he.:lng ~n
1.... to B. Prank Do.lngu.. of 85 parking .p.c.. ana
m.lnt.nanc. .gr...ent. Contlnu.a to April 21. 1.80.
(Llu ..mo. 4-21-IC).
April
April
21. 1.80 - Joint public h.arlng ..t for. April 7. 1.80.
.nd contlnu.d to tbl. a.t. furtb.r continued to Kay 5.
1980 (Llu memo. 4-251-8C).
Ral' 5. 1980 - Council adopt.d a..olutlon 80-180 and Commi..ion
.dopt.d ae.olution Ro. C071 autborlzing .xecution of an
agreement betv..n tbem.elv.. and I. Frank DO.ingu.z for
tbe .aintenance of 85 d..ignat.d parking .pac... ~b.
Council .1.0 adopted Re.olution 80-181 .nd tb. Commi..ion
.dopt.d R..olution Ro. C072 apprOVing tbe 1.... of 85
.pace. between IDA .nd B. Frank DO.inguez (Liu R..o. C-
21-8C confir.ed by r.vl.. of .inute. and docu.ent..
Jun. .. 1980 - Execution aat. of .gree..nt previou.ll'
authorized on Ray 5. 1.80. by City Re.olutlon 80-1780 and
Commi..ion Re.olution Ro. C071 r.l.tiv. to ..intenanc. of
85 parking .pac.. on tb. Ctb 1.v.l of parking .tructur..
~hi. .gree.ent Incorporat.. t.r.. of -April. 1980- lea.e
agree.ent. Th.r. I. no agr...ent of tbat d.te. S..
di.cu..ion .t the conclu.ion of cbronology.
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3anu.r~ I., III'
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P.bru.ry 23. 1180 - CouDcil .aopt.a a..olatioD II-II -'
.utborizing ...cution of .gr....nt b.tv..n City. IDA ana
B. pr.nk Do.ingu.z for 100 alloc.t.a 3-bour liait.a
p.rking .pac.. (Lia a.ao, 4-21-1.).
April 20. 1.8. - Lett.~ fro. P.t.r B. Lla. City ~r.ffic
Bngin..r. ~o B. pr.nk Do.ginu.. noting .v.il.bili~y of
builaing per.it for propo..a proj.ct but tbat c.rtific.t.
of occupancy voula not b. 1..u.a antil tII..tioaa
r.l.ting to .a.;U.t. p.rklDg .olved.
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April 21, 118. - ...0 fro. P.t.r B. Lia to 3.ck .at..r. 3r.,
City Aamini.tr.tor, r.comm.naing i..uanc. of bullaing
perait for puaarack.r's a..t.urant ba..a On suffici.nt
parkiDg.
April 27. 1.84 - Coancil cr.alt.a ~rifty bullaing vith liS
p.rking .pac.. C85 l....a. 100 una..ignated).
~. r.f.r.nc. in ~. 3an. I, 1.80. ..int.n.nc. .gr....nt to .n
-April. 1.80- 1.... .gr....nt c.n only b. con.tru.a to ..an tbe
Kay 5. 1.80 1..... ~h. ...cution of thi. 1.... va. continu.a
twic. in April .na the aocum.nt. w.r. no aoubt dr.ft.a
cont.mporan.ou.ly but ~. -April- r.f.r.nc. w.. not apa.t.a
wh.n the aocu..nt. v.r. signed.
~o r..pona ~o the ba.ic tII..tlon. wh.th.r o~ not the parking
lea.e r.l.t.. to the subj.ct bullaing. it i. cl.ar fro. tb.
l.gi.l.tiv. bi.tory OD thl. .atter ana from the May 5. 1.80
1.... it..lf th.t the purpo.. of tb. p.rklng l.a.e w.. ~o
provia. p.rklng for t.nant. .na cu.to..r. of tb. .abj.ct
bdlcUng.
-~. obj.ct to b. .tt.ln.a i. tb. principal f.ctor
.for con.la.ration in in the con.truction of
contr.ct.. In int.rpr.ting . contract ..court's
.o.t import.nt duty. th.r.for.. i. to al.cov.r ~h.
true meaning of the In.trum.nt .na to gl.an
ther.fro. it. purpo.e. .na obj.ct.. Mora.. phr.....
.na ..ntenc.. .r. con.tru.a in contempl.tion of
the.. purpo... .na obj.ct..- (14 C.l.Jur.III,.
-Contr.ct.-. S.ction 185 - footnot.. omitt.a)
~he parking 1.... 1. ....nti.lly worthl... unl... It 1. tl.a to
.ome oth.r prop.rty. ~h. int.nt to ao th.t i. cl..r ana .hould
b. followed.
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.lthough th.r. .r. no .peclflc provl.lon. 1D tb.
~ng th.t it -run. vlth the lana. of tb. ~hrlfty
:e the City b.. 1.po..a the p.rklng r.~lr...nt,
=e .w.r. th.t p.rklng 1. n.c....ry for a
lr.tlon, ana the 1.... v.. ..ae .peclflc.lly for
: the ~hrifty bullalng, .~ltabl. prlnclpl.. voula
the n.v owner. r.c.lv. the ben.flt of tb.
~ing .p.c.. .. long .. they ...u.. tb. .tt.na.nt
"ea.
:or. .ugg..t that . c.rtlfl.d l.tt.r b. dlr.ctea
lez .avl.lng bl. th.t you b.v. r.c.ntly l..rn.a of
>f the ~hrlfty building ana .1nc. the int.nt of
:ng 1.... v.. to benefit th.t building, tb. 1....
Illy c.nc.ll.d upon .ucb tran.f.r.
10ula then b. offer.a to th. pro.p.ctl..
: c.n b. put in ..crov U ae.ird) upon th. ....
,d conaltlon. .. the origin.l 1..... At th.t ti..
it .0.. cl.rifying l.ngu.g. .0 tb.t .. don't f.c.
.on. in th. futur..
~
:.ow
r Attorn.y
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1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A PARKING AGREEMENT AND AGREEMENT FOR CONSTRUCTION
3 OF PEDESTRIAN WALKWAYS BETWEEN THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO: CITY OF SAN BERNARDINO, AND 235
4 INVESTMENTS, INC., A NEVADA CORPORATION, BY THE MAYOR OF THE CITY
OF SAN BERNARDINO ON BEHALF OF SAID CITY.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute, on behalf of said
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City, a parking agreement with The Redevelopment Agency of the
City of San Bernardino and 235 Investments, Inc., a Nevada
12
corporation, relative to the five-level parking structure-
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various levels, and construction of pedestrian walkways.
A copy of said agreement is attached hereto marked Exhibit
"A" and incorporated herein by this reference as fully as though
set forth at length
SECTION 2.
This Agreement shall not take affect until
fully signed and executed by both 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.
SECTION 3. This resolution is rescinded if the parties to
the agreement(s) fail to execute it within sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
/ / /
/ / /
JFW:ss
April 20, 1989
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RESO: EXECO AGREEMENT WITH 235 INVE~NTS, INC., FOR
PARKING AND CONSTRUCTION OF PEDESTRIAN WALKWAYS and RDA
1
Bernardino, at a
meeting held on the
day
2
of
3
AYES:
, 19__, by the following vote, to wit:
Council Members
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NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 19__
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
an legal content:
~"9.~
Attorney
JFW:ss
April 20, 1989
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PARlUNG AGREEMENT
(Five-Level Parking Structure - 5th Level)
THIS PARKING AGREEMENT (referred to as "Agreement") is
entered into between the REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, referred to as "Agency", the CITY OF SAN BERNARDINO,
a municipal corporation, referred to as "City", and 235
INVESTMENTS, INC., a Nevada corporation, referred to as "Owner".
CITY and OWNER agree as follows:
1. RECITALS.
( a ) Ci ty and Agency executed a Lease Agreement
dated September 4, 1972, wherein the Agency leased to
City for a period of 50 years the Parking Facility
adjoining City Hall, San Bernardino, California, which
would provide necessary public parking to the users of
the commercial, civic and cultural complex.
Said
Parking Facilities are described in Exhibit "A", a copy
of which is attached hereto and by this reference made
a part hereof.
(b) Section 4 of the Lease Agreement provides for
the use of the Parking Facility as follows:
"a. It is understood and agreed that the
leased premises shall be maintained and used
as a parking facility for the benefit of the
public patronizing the Commercial, Business
and Cultural Areas which facility shall be
available to the public without charge,
provided, however, that City shall adopt and
enforce reasonable regulations and controls
with respect to such use, including parking
"FW:ss
April 20, 1989
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time limits, which regulations and controls
shall be substantially in accordance with the
parking assignments and allocations set forth
in the report of Armstrong-Ulmer Gruen
Associates, Inc., entitled San Bernardino
Central City Parking Structures Operation,
attached hereto as Exhibit 'D' and by this
reference made a part hereof: provided,
however, said assignments and allocations
may be varied or changed from time to time
upon the recommendation of Agency or City
subject to the concurrence of Agency and
City, such concurrence not to be unreasonably
withheld.
b. City agrees that the use of the leased
premises shall be restricted solely to uses
consistent with the purposes specified in
subparagraph a. of this paragraph."
(c) The Lease Agreement, although prohibiting the
imposition of charges upon the public patronizing the
Commercial, Business and Cultural areas, permits the
imposition of charges for parking upon regular users
with reserved spaces, and upon employees of tenants and
owners of property in the immediate downtown area.
(d) The owner is the owner of certain real
property more particularly described on Exhibit "B"
attached hereto, upon which is constructed an office
building.
( e ) Owner has requested the designation of
certain spaces for use by its officers, employees,
tenants, and invitees, and City has determined that no
adverse impact on public parking in the Parking
Facility will result from the allocation of these
parking spaces.
JFW:ss
April 20, 1989
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( f ) The parties have agreed to enter into this
agreement to provide parking as required by San
Bernardino Municipal Code Section 19.56.190, for the
use of Owner's officers, employees, tenants and
invitees to the building described in Exhibit "B".
NON, THEREFORE, the parties hereby agree as follows:
2. TERM.
The term of this agreement shall commence upon the
effective date of this agreement, and terminate at 12:00 a.m., on
June 15, 1994.
Owner shall have the option to renew this
agreement for three (3) successive five-year periods provided
that Owner is not in default of any of the provisions of this
agreement at the time of renewal. This lease may be terminated
by either party without cause upon the giving of written notice
of the termination to be effective no sooner than ninety (90)
calendar days from the date of notice.
3. PAYMENT.
Owner shall pay to City the sum of $22.34 per month per
per designated parking space and $11.17 for each of the
undesignated parking spaces for a total base cost of $73,052.00
per year, payable quarterly, 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, Owner shall deposit with City the amount of
$18,263.00, which will be held by City as a performance bond.
JFW:ss
April 20, 1989
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C~ty agrees to apply the performance bond funds toward the f~rst
quarterly payment.
Fa~lure by Owner to pay to ~ty, quarterly
payments ~n advance shall consitute a breach of this agreement.
4. PARKING RIGHTS.
C~ty hereby covenants, grants, and agrees that the
fOllowing parking rights (collectively the "Parking Rights") will
be provided and maintained on the Garage Site to provide parking
for the use of any tenants, subtenants, guests, licensees,
customers, visitors, invitees, and employees of the buildings now
and hereafter located on the office building site on the terms
and conditions contained herein:
(a) 185 designated parking spaces on various
levels of the Parking Facilities: and,
(b) 175 undesignated parking spaces on the
fifth level of the Parking Facility: and,
(c) Owner acknowledges and agrees that the
allocation of 175 undesignated parking spaces
does not obligate the C~ty to ensure that
such parking space or any parking space will
be available at any particular time on any
given day.
5. OPERATION AND MAINTENANCE
The City shall, at its own expense:
(i) operate, maintain and furnish the
Parking Facilities, including but not limited
to accessways, driveways, stairways, and
elevators, in accordance with the usual
standards of operation and maintenance of
parking structures, and in accordance with
all applicable laws, statutes, ordinances and
regulations:
(ii) restripe the spaces required for
handicapped parking:
JFW:ss
April 20, 1989
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(iii) develop traffic patterns within
the Parking Facilities satisfactory to City
after consultation with the owner, including
new and improved signage clearly directing
users from the parking facility to the
owner's Building.
6. APPLICABLE REQUIREMENTS
City represents that the parking provided pursuant to
this covenant complies with all applicable state and local
zoning, building, fire, safety, and other requirements in
connection with parking required for the use and operation of the
office building.
7. LAWS GOVERNING AGREEMENT
This Agreement shall be governed under the laws of the
state of California.
8. GENERAL PROVISIONS
Each party agrees to perform any further acts and to
execute and deliver any further documents which may be reasonably
necessary to carry out the provisions of this Agreement.
9. POSSESSORY INTEREST
The City and the Owner hereby agree and understand that
this Agreement may create a possessory interest subject to
property taxation and that if such possessory interest is
created, the Owner shall pay the property taxes, if any, levied
on such possessory interest. The Owner shall promptly provide to
the City upon such payment a written certification, signed by an
authorized agent of the Owner, that all such taxes due, if any,
have been paid by the Owner.
JFW:ss
April 20, 1989
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10. PARKING CREDIT
This agreement does not grant, authorize, or otherwise
effect in any manner any parking credit to which owner mayor may
not be entitled as owner of a building subject to assessment by
the Central City Parking District.
11. HOLD HARMLESS
Owner agrees to, and shall, hold City, its elective and
appointive 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 rise from Owner's operations under
this Agreement, whether such operations be by Owner, its
officers, employees, tenants or invitees, or by anyone or more
persons directly or indirectly employed by or acting as agent for
Owner.
Owner 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. INSURANCE PROVISION
Owner agrees to procure and maintain in force during
the terms 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 accident,
JFW:ss
April 20, 1989
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and $100,000 for property damage.
Such insurance policies shall
provide coverage for C1:ty's contingent liability on such claims
or losses. City shall be named as an additional insured in such
pOlicy of insurance.
Documentation of insurance shall be
delivered to City's Risk Management Division.
Owner agrees to
obtain a written obligation from the insurers to notify City in
writing at least thirty (30) days prior to cancellation or
refusal to renew any such policies.
13. REVOCABLE LICENSE
This Agreement shall constitute a revocable license and
does not constitute an easement or covenant running with the
land.
Owner 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 Owner's building and customers.
14. PEDESTRIAN BRIDGE AND WALKWAY
Owner hereby promises that within ninety (90) days of
the effective date hereof, Owner shall file with the appropriate
departments of the City of San Bernardino plans for the
construction of a pedestrian bridge and walkway to span the area
between the Westerly side of the second floor of the Parking
Facility and the Easterly side of the real property described in
Exhibit "B" attached hereto, commonly known as the Thrifty
Building. The Easterly facade of the Thrifty Building shall be
suitably remodeled to look like the front entrance of the
Thrifty Building.
Within ninety (90) days of the date of the
JFW:ss
April 20, 1989
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notice advising Owner of the final approval of plans, Owner shall
commence construction of the pedestrian bridge/walkway span and
remodeling of the Easterly facade of the Thrifty BUilding.
15. COVERED PEDESTRIAN RAMP
Owner hereby promises that within ninety (90) days of
the effective date hereof, Owner shall file with the appropriate
departments of the City of San Bernardino plans for the
construction of a covered pedestrian ramp spanning the area from
the Westerly side of the fifth floor of the Parking Facility to
the second floor of the property described in Exhibit "B",
commonly known as the Thrifty Building. Within ninety (90) days
of the date of the notice advising Owner of the final approval of
plans, Owner shall commence construction of the covered
pedestrian ramp.
16. ASSIGNMENT.
Owner shall not assign any parking spaces which are
the subject of this Agreement without first having received the
written consent of City. City hereby agrees not to unreasonably
withhold its consent. The parties contemplate that the parking
spaces will be devoted to occupants of Owner's building and
customers, business invitees and employees thereof.
Any other
-
use shall be subject to strict scrutiny.
17. AMENDMENT.
This Agreement may be amended or modified only by
written agreement signed by both parties and failure on the party
of either party to enforce any provision of this Agreement shall
"FW:ss
April 20, 1989
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not be construed as a waiver of the right to compel enforcement
of such provision or provisions, nor act to release any surety
from its obligations under this Agreement.
18. NOTICES.
All notices herein required shall be in writing and
delivered in person or mailed by certified mail, postage prepaid,
addressed as follows:
OWNER
CITY
235 Investments, Inc.
235 Montgomery Street
Sui te 972
San Francisco, CA 94104
C1.ty Clerk
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
19. VALIDITY.
If any terms, cond1.tions, provisions or covenants of
this Agreement shall to any extent be judged 1.nvalid,
unenforceable, vo1.d or voidable for any reason whatsoever by a
court of competent jurisdict1.on, 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
perm1.tted by law.
20. CONCURRENCE BY REDEVELOPMENT AGENCY.
The forego1.ng provisions of this Agreement and the
ass1.gnment and allocation of parking spaces is concurred in by
the Redevelopment Agency of the City of San Bernardino, without
/ / /
/ / /
/ / /
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Apr1.l 20, 1989
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waiving its rights to insist upon full compliance with the terms
of the lease referred to in Section 1.
IN WITNESS WHEREOF the parties have executed this
Agreement on
, 19
ATTEST:
CITY OF SAN BERNARDINO
City Clerk
Evlyn Wilcox, Mayor
City of San Bernardino
APPROVED AS TO FORM
AND EGAL CONTENT
?-
Agency Counsel
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
BY:
APPROVED AS TO FORM
AND LEGAL CONTENT:
235 INVESTMENTS, INC.
BY:
JAME~ F. PENMA!:j'
I ,6
BY: ~y... J. f~....,"",
(J
JFW:ss
April 20, 1989
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EXHIBIT -A-
Parcel 28 of Parcel Map No. 688, as per plat thereof
recorded in Book 25 of Parcel Maps, pages 47 through 58,
inclusive, records of the County Recorder of San Bernardino
County, State of California.
JFW:ss
April 20, 1989
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--
1
RESOLUTION NO.
2 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING AGREEMENT AND
3 AGREEMENT FOR CONSTRUCTION OF PEDESTRIAN WALKWAYS BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO; CITY OF SAN
4 BERNARDINO, AND 235 INVESTMENTS, INC., A NEVADA CORPORATION, BY
THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY.
5
BE IT RESOLVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. The Director of the Redevelopment Agency of the
8 City of San Bernardino ("agency"), is hereby authorized and
9 directed to execute, on behalf of the agency, a parking
10 agreement with The City of San Bernardino and 235 Investments,
11 Inc., a Nevada corporation, relative to the five-level parking
12 structure - various levels, and construction of pedestrian
13 walkways.
14 A copy of said agreement is attached hereto marked Exhibit
15 "A" and incorporated herein by this reference as fully as though
16 set forth at length
17
SECTION 2.
This Agreement shall not take affect until
18 fully signed and executed by both parties. The agency shall not
19 be obligated hereunder unless and until the Agreement is fully
20 executed and no oral agreement relating thereto shall be implied
21 or authorized.
22
SECTION 3. This resolution is rescinded if the parties to
23 the agreement(s) fail to execute it within sixty (60) days of the
24 passage of this resolution.
25 I HEREBY CERTIFY that the foregoing resolution was duly
26 adopted by the Redevelopment Agency of the City of San
27
Bernardino, at a
meeting held on the
day
28
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April 20, 1989
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12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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RESO: EXECO PARKING AGREEMENT AND Aa:h:MENT FOR CONSTRUCTION OF
EDESTRIAN WALKWAYS WITH 235 INVESTMENTS, INC. and CITY
1
of
2
3
4
AYES:
, 19__, by the following vote, to wit:
Agency Members
NAYS:
5
ABSENT:
6
7
City Clerk
day of
The foregoing resolution is hereby approved this
8
9
Approved as to form
and legal cont~t:
(1/1~ "7 f!J~
~ Agency Counsel
JFW:ss
April 20, 1989
,19_.
Director
Redevelopment Agency of the
City of San Bernardino
2
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PARKING AGREEMENT
(Five-Level Parking Structure - 5th Level)
THIS PARKING AGREEMENT (referred to as "Agreement") is
entered into between the REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, referred to as "Agency", the CITY OF SAN BERNARDINO,
a municipal corporation, referred to as "City", and 235
INVESTMENTS, INC., a Nevada corporation, referred to as "Owner".
CITY and OWNER agree as follows:
1. RECITALS.
( a ) Ci ty and Agency executed a Lease Agreement
dated September 4, 1972, wherein the Agency leased to
City for a period of 50 years the Parking Facility
adjoining City Hall, San Bernardino, California, which
would provide necessary public parking to the users of
the commercial, civic and cultural complex.
Said
Parking Facilities are described in Exhibit "A", a copy
of which is attached hereto and by this reference made
a part hereof.
(b) Section 4 of the Lease Agreement provides for
the use of the Parking Facility as follows:
/
"a. It is understood and agreed that the
leased premises shall be maintained and used
as a parking facility for the benefit of the
public patronizing the Commercial, Business
and Cultural Areas which facility shall be
available to the public without charge,
provided, however, that City shall adopt and
enforce reasonable regulations and controls
with respect to such use, including parking
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April 20, 1989
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time limits, which regulations and controls
shall be substantially in accordance with the
parking assignments and allocations set forth
in the report of Armstrong-Ulmer Gruen
Associates, Inc., entitled San Bernardino
Central City Parking Structures Operation,
attached hereto as Exhibit '0' and by this
reference made a part hereof: provided,
however, said assignments and allocations
may be varied or changed from time to time
upon the recommendation of Agency or City
subject to the concurrence of Agency and
City, such concurrence not to be unreasonably
withheld.
b. City agrees that the use of the leased
premises shall be restricted solely to uses
consistent with the purposes specified in
subparagraph a. of this paragraph."
(c) The Lease Agreement, although prohibiting the
imposition of charges upon the public patronizing the
Commercial, Business and Cultural areas, permits the
imposition of charges for parking upon regular users
with reserved spaces, and upon employees of tenants and
owners of property in the immediate downtown area.
(d) The owner is the owner of certain real
property more particularly described on Exhibit "B"
attached hereto, upon which is constructed an office
building.
( e ) Owner has requested the designation of
certain spaces for use by its officers, employees,
tenants, and invitees, and City has determined that no
adverse impact on public parking in the Parking
Facility will result from the allocation of these
parking spaces.
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April 20, 1989
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(f) The parties have agreed to enter into this
agreement to provide parking as required by San
Bernardino Municipal Code Section 19.56.190, for the
use of Owner's officers, employees, tenants and
invitees to the building described in Exhibit "B".
NOW, THEREFORE, the parties hereby agree as follows:
2. TERM.
The term of this agreement shall commence upon the
effective date of this agreement, and terminate at 12:00 a.m., on
June 15, 1994.
Owner shall have the option to renew this
agreement for three (3) successive five-year periods provided
that Owner is not in default of any of the provisions of this
agreement at the time of renewal. This lease may be terminated
by either party without cause upon the giving of written notice
of the termination to be effective no sooner than ninety (90)
calendar days from the date of notice.
3. PAYMENT.
Owner shall pay to City the sum of $22.34 per month per
per designated parking space and $11.17 for each of the
undesignated parking spaces for a total base cost of $73,052.00
per year, payable quarterly, 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, Owner shall deposit with City the amount of
$18,263.00, which will be held by City as a performance bond.
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April 20, 1989
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City agrees to apply the performance bond funds toward the first
quarterly payment.
Failure by Owner to pay to City, quarterly
payments in advance shall consitute a breach of this agreement.
4. PARKING RIGHTS.
City hereby covenants, grants, and agrees that the
following parking rights (collectively the "Parking Rights") will
be provided and maintained on the Garage Site to provide parking
for the use of any tenants, subtenants, guests, licensees,
customers, visitors, invitees, and employees of the buildings now
and hereafter located on the office building site on the terms
and conditions contained herein:
(a) 185 designated parking spaces on various
levels of the Parking Facilities, and,
(b) 175 undesignated parking spaces on the
fifth level of the Parking Facility, and,
( c ) Owner acknowledges and agrees that the
allocation of 175 undesignated parking spaces
does not obligate the City to ensure that
such parking space or any parking space will
be available at any particular time on any
given day.
5. OPERATION AND MAINTENANCE
The City shall, at its own expense:
(i) operate, maintain and furnish the
Parking Facilities, including but not limited
to accessways, driveways, stairways, and
elevators, in accordance with the usual
standards of operation and maintenance of
parking structures, and in accordance with
all applicable laws, statutes, ordinances and
regulations,
(ii) restripe the spaces required for
handicapped parking,
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April 20, 1989
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(iii) develop traffic patterns within
the Parking Facilities satisfactory to City
after consultation with the owner, including
new and improved signage clearly directing
users from the parking facility to the
owner's Building.
6. APPLICABLE REQUIREMENTS
City represents that the parking provided pursuant to
this covenant complies with all applicable state and local
zoning, building, fire, safety, and other requirements in
connection with parking required for the use and operation of the
office building.
7. LAWS GOVERNING AGREEMENT
This Agreement shall be governed under the laws of the
State of California.
8. GENERAL PROVISIONS
Each party agrees to perform any further acts and to
execute and deliver any further documents which may be reasonably
necessary to carry out the provisions of this Agreement.
9. POSSESSORY INTEREST
The City and the Owner hereby agree and understand that
this Agreement may create a possessory interest subject to
property taxation and that if such possessory interest is
created, the Owner shall pay the property taxes, if any, levied
on such possessory interest. The Owner shall promptly provide to
the City upon such payment a written certification, signed by an
authorized agent of the Owner, that all such taxes due, if any,
have been paid by the Owner.
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April 20, 1989
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10. PARKING CREDIT
This agreement does not grant, authorize, or otherwise
effect in any manner any parking credit to which owner mayor may
not be entitled as owner of a building subject to assessment by
the Central City Parking District.
11. HOLD HARMLESS
Owner agrees to, and shall, hold City, its elective and
appointive 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 rise from Owner's operations under
this Agreement, whether such operations be by Owner, its
officers, employees, tenants or invitees, or by anyone or more
persons directly or indirectly employed by or acting as agent for
Owner.
Owner 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. INSURANCE PROVISION
Owner agrees to procure and maintain in force during
the terms 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 accident,
JFW:ss
April 20, 1989
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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 in such
policy of insurance.
Documentation of insurance shall be
delivered to City's Risk Management Division.
OWner agrees to
obtain a written obligation from the insurers to notify City in
writing at least thirty (30) days prior to cancellation or
refusal to renew any such pOlicies.
13. REVOCABLE LICENSE
This Agreement shall constitute a revocable license and
does not constitute an easement or covenant running with the
land.
OWner 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 OWner's building and customers.
14. PEDESTRIAN BRIDGE AND WALKWAY
OWner hereby promises that within ninety (90) days of
the effective date hereof, OWner shall file with the appropriate
departments of the City of San Bernardino plans for the
construction of a pedestrian bridge and walkway to span the area
between the Westerly side of the second floor of the Parking
Facility and the Easterly side of the real property described in
Exhibit "B" attached hereto, commonly known as the Thrifty
Building. The Easterly facade of the Thrifty Building shall be
suitably remodeled to look like the front entrance of the
Thrifty Building.
Wi thin ninety (90) days of the date of the
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April 20, 1989
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notice advising Owner of the final approval of plans, Owner shall
commence construction of the pedestrian bridge/walkway span and
remodeling of the Easterly facade of the Thrifty Building.
15. COVERED PEDESTRIAN RAMP
Owner hereby promises that within ninety (90) days of
the effective date hereof, Owner shall file with the appropriate
departments of the City of San Bernardino plans for the
construction of a covered pedestrian ramp spanning the area from
the Westerly side of the fifth floor of the Parking Facility to
the second floor of the property described in Exhibit "B",
commonly known as the Thrifty Building. Within ninety (90) days
of the date of the notice advising Owner of the final approval of
plans, Owner shall commence construction of the covered
pedestrian ramp.
16. ASSIGNMENT.
Owner shall not assign any parking spaces which are
the subject of this Agreement without first having received the
written consent of City. City hereby agrees not to unreasonably
withhold its consent. The parties contemplate that the parking
spaces will be devoted to occupants of Owner's building and
customers, business invitees and employees thereof.
Any other
use shall be subject to strict scrutiny.
17. AMENDMENT.
This Agreement may be amended or modified only by
written agreement signed by both parties and failure on the party
of either party to enforce any provision of this Agreement shall
JFW:ss
April 20, 1989
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not be construed as a waiver of the right to compel enforcement
of such provision or provisions, nor act to release any surety
from its obligations under this Agreement.
18. NOTICES.
All notices herein required shall be in writing and
delivered in person or mailed by certified mail, postage prepaid,
addressed as follows:
OWNER
CITY
235 Investments, Inc.
235 Montgomery Street
Suite 972
San Francisco, CA 94104
City Clerk
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
19. VALIDITY.
If any terms, conditions, provisions or covenants 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 by law.
20. CONCURRENCE BY REDEVELOPMENT AGENCY.
The foregoing provisions of this Agreement and the
assignment and allocation of parking spaces is concurred in by
the Redevelopment Agency of the City of San Bernardino, without
/ / /
/ / /
/ / /
JFW:ss
April 20, 1989
9
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waiving its rights to insist upon full compliance with the terms
of the lease referred to in Section 1.
IN WITNESS WHEREOF the parties have executed this
Agreement on
, 19
ATTEST:
CITY OF SAN BERNARDINO
City Clerk
Evlyn WU.cox, Mayor
City of San Bernardino
APPROVED AS TO FORM
EGAL CONTENT
?-
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
Agency Counsel
BY:
APPROVED AS TO FORM
AND LEGAL CONTENT:
235 INVESTMENTS, INC.
PE~L
BY:
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April 20, 1989
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EXHIBIT -A-
Parcel 28 of Parcel Map No. 688, as per plat thereof
recorded in Book 25 of Parcel Maps, pages 47 through 58,
inclusive, records of the County Recorder of San Bernardino
County, State of California.
JFW:ss
April 20, 1989
11