HomeMy WebLinkAbout1982-158I
RESOLUTION NO. 82-158
2 I RESOLUTIONi OF.THE CITY QF,SAN BERNARDINO APPROVING A PARKING
AGREEMENT FOR THE ASSIGNMENT AND ALLOCATION Op '120 'PARKING SPACES
3 IN THE FIVE -LEVEL PARKING STRUCTURE WITH PACIFIC FEDERAL PLAZA
BUILDING IN RECEIVERSHIP TO THE WALTER M. SHARP CO., AND REPEALING
4 RESOLUTION NO. 80-521.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. Recitals.
9 (a) On December 15, 1980, by Resolution No. 80-521, the
g Mayor and Common Council authorized the. MA
gyor to execute an
10 agreement with Wayne Burton relat 6% to the assignment and
11 allocation of parking spaces in the five—level parking structure.
12 (b) The agreement was executed by the Mayor and forwarded to
13 Wa Q Button for signature. About that time, Mr. Burton's
14 holdings and assets were placed in receivership, and it was the
15 receivership, Pacific Federal Plaza Building In Receivership To.
16 The Walter M. Sharp Co., which executed the agreement.
17 SECTION 2. Approval. The Mayor and Common Council hereby
1g ratify and approve the executed agreement with Pacific Federal
qg Plaza Building In Receivership To The Walter M. Sharp Co., and
20 direct the Mayor to initial each page of the agreement, a copy of
21 which is attached hereto, marked Exhibit "A" and incorporated
22 herein by reference as fully as though set forth at length.
23 SECTION 3. Repeal. Resolution No. 80-521 is hereby
24 Ilrepealed.
25
I
HEREBY
CERTIFY that the
foregoing
resolution
was
duly
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11 adopted
by the
Mayor and Common
Council
of the City
of
San
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at a regular
meeting thereof, held
28 Ilon the 5th day of April , 1982, by the following
PARKING AGREEMENT
BY AND BETWEEN
CITY OF SAN BERNARDINO
AND
PACIFIC FEDERAL PLAZA
LARCON DEVELOPMENTma
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PARKING AGREEMENT
(Five -Level Parking Structure)
(tenant spaces - 4th level)
THIS PARKING AGREEMENT (referred to as "Agreement") is
entered into between the CITY OF SAN BERNARDINO, a municipal
PACIFIC FEDERAL PLAZA BUILDING IN
corporation, referred to as "City
RECEIVERSHIP TO THE WALTER M. SHARP CO. referred to as "PFPB".
PFPB PLEASE
City and wee agree as follows: 1 AL
1. Recitals.
(a) City and the Redevelopment Agency of the City of San
Bernardino (referred to as "Agency") executed a Lease Agreement
dated September 4, 1972, wherein the Agency leased to City for a
iod 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.
(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 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
EXHIBIT A
I premises shall be restricted solely to uses
consistent with the purposes specified in
2 subparagraph a. of this paragraph."
3 (c) The Lease Agreement, although prohibiting the
4 imposition of charges upon the public patronizing the Commercial,
5 Business and Cultural areas, permits charges for parking by
6 employees of tenants and owners of the areas.
PFPB - - -
7 (d) awiaw has requested the designation of certain
8 spaces for use by his tenants, and has offered to collect fees and
9 charges therefor on behalf of City and to provide security for
10 said spaces.
11 2. Allocation of Spaces. City agrees to assign and allocate
12 120 spaces located on the fourth level of the five level parking
PFPB
13 structure to Ot"Pbee for use by his tenants occupying the building
14 located on the southwest corner of Court and "D" Streets. The
15 designated spaces are illustrated on Exhibit "I" attached and
16 incorporated herein by reference.
PFPB
17 3. Consideration. 8vmmW w shall pay to City the sum of Three
18 Dollars Sixty Cents ($3.60) per space, payable monthly, in
19 advance, to cover the pro rata costs of maintenance and utilities
20 for the 120 spaces and common area of the parking structure for
21 the benefit of the users of the 120 spaces.
22 4. Term. The term of this agreement shall be two (2) years
March 26,1981
23 commencing and. terminating t- er
Ma ch 31, 1983
24 ` thereafter, unless earlier terminated by either party as
25 provided herein.
PFPB
26 5. Security of Allocated Spaces. UvAWwwshall provide a
27 security guard to patrol said parking spaces, which are the
28 subject of this agreement, and adjacent areas within the immediate
PLEASE
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I 1Ivicinity of the designated spaces during such hours as it deems
2 Bavoronriate.
3 6. Termination. This agreement may be terminated by either
4 party, with or without cause, upon the giving of thirty (30) days'
5 notice in writing to the other party, and this agreement shall
6 terminate thirty (30) days after the giving of such notice.
7 7. Terms Subject to Lease Agreement. This agreement is
g subject to the terms and conditions of that certain lease between
9 the Redevelopment Agency of the City of San Bernardino and the
10 City of San Bernardino dated September 4, 1972, the provisions of
11 which are incorporated herein by this reference.
12 8. Maintenance. City shall maintain and keep in good repair
13 said designated parking spaces, and shall keep open the rights of
14 way over the common areas of the Parking Structure and shall keep
15 said common areas striped, lighted and clear and free of rubbish
16 and obstructions of any nature.
PFPB
17 9. Hold Harmless. awrioa agrees to, and shall, hold City,
18 its elective and appointive boards, commissions, officers, agents
19 and employees harmless from any liability for damage or claims for
20 damage for personal injury, including death, as well as from PLEAS
PFPB QVW
21 claims for property damage which may arise from Qwi- I
B
22 operations under this agreement, whether such operations be by
23 Burton, his officers, employees or tenants, or by any one or more
24 persons directly or indirectly employed by or acting as agent for
25 Burton. Burton agrees to and shall defend City and its elective
26 and appointive boards, commissions, officers, agents and employees
27 from any suits or actions at law or in equity for damages caused,
28 or alleged to have been caused, by reason of any of the operations
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hereunder.
PFPB
2 j 10. Liability Insurance. Ammb� agrees to procure and
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aintain
in force
during
the term
of this
agreement
and any
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extension
thereof,
at his
expense,
public
liability
insurance
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to
protect against
liability for
damage claims
through.
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�dequate
ublic use
of or arising out
of accidents
occurring in
or around
7 Isaid parking spaces, in a minimum amount of $1,000,000 for
8 Ilinjuries in any one accident, and $50,000 for property damage.
9 (Such insurance policies shall provide coverage for City's
10 contingent liability on such claims or losses. City shall be
11 named as an additional insured. A certificate of insurance shall
PFPB
12 be delivered to City's Risk Management Division. bvA** r agrees to
13 lJobtain a written obligation from the insurers to notify City in
14 11writing at least 30 days prior to cancellation or refusal to renew
15 any such policies.
16 11. Amendment. This agreement may be amended or modified
17 only by written agreement signed by both parties and failure on
18 ithe part of either party to enforce any provision of this
19
agreement shall not
be construed as a waiver of the
right to
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compel enforcement
of such provision or
provisions,
nor act to
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release any surety
from its obligations
under this
agreement.
22 12. Notices. All notices herein required shall be in
23 (writing and delivered in person or sent by certified mail, postage
24 prepaid, addressed as follows:
25 City of San Bernardino PLEASE
300 North "D" Street
26 San Bernardino, CA 92418 omit -e-140 B
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PACIFIC FEDERAL,,PLAZA BUILDING IN
28 . . . . RECEIVERSHIP TO THE WALTER.M. SHARP CO.
c/o LARCON DEVELOPMENT INC.
330 NORTH "D" STREET, SUITE 404
SAN BERNARDINO, CALIFORNIA 92401
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13. Concurrence by -Redevelopment Agency. The foregoing
provisions of this parking agreement and the assignment and
allocation of parking spaces is concurred in by the Redevelopment
Agency of the City of San Bernardino.
IN WITNESS WHEREOF, the parties have executed this agreement
a
on �%�t / e 1980.
CITY OF SAN BERNARDINO
ATTEST: -.-* _ ,
/i.irr moi..
Approved as to form:
City Attorney
Mayor
PACIFIC FEDERAL PLAZA BUILDING IN RECEIVERSE
TO THE WALTER M. SHARP CO.
c/o LARCON DEVELOPMENT INC.
BY
LEONA RtA G , R., Building Manager
The Redevelopment Agency of the City of San Bernardino hereby
concurs with the terms and provisions of this agreement.
REDEVELOPMENT AGENCY O!,,�ITY
OF SAN BERNARDINO
ed as to form:
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EXHIBIT "I"
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