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RESOLUTION NO. 88-112
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH JOHN B. LONERGAN RELATING TO
THE LEASE OF PARKING SPACES IN DOWNTOWN PARKING DISTRICT LOT
#3.
BE IT RESOLVED BY THE HAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed
to execute on behalf on said City an Agreement with John B.
Lonergan relating to the lease of parking spaces in downtown
parking district lot #3, which Agreement is attached hereto,
marked Exhibit "A", and. incorporated herein by reference as
fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held the
reqular
18th
day of
, 1988, by the following
Anril
vote, to wit:
AYES:
Council Members Estrada. Reilly. Flores.
Maudslev. Minor. Pone-Ludlam. Miller
NAYS:
None
ABSENT:
None
~//A?(~M
cny Clerk
The foregoing resolution is hereby approved this
/ 9c~L/
day of
, 1988.
April
4-11-88
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZIN~'THE
EXECUTION OF AN AGREEMENT WITH JOHN B. LONERGAN RELATING TO
THE LEASE OF PARKING SPACES IN DOWNTOWN PARKING DISTRICT LOT #3.
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Approved as to form
and legal content:
.a~
4/11/88
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PARKING AGREEMENT
(Downtown Parking District Lot #3)
THIS PARKING AGREEMENT (referred to as "Agreement") is
entered into between the CITY OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and John B. Lonergan, as
Trustee of the John B. Lonergan Trust No. 2 (referred to as
"Lessee").
City and Lessee agree as follows:
1. Recitals.
A. Lessee is the owner of commercial real property in the
City of San Bernardino, located at 398 West Fourth Street.
B. Lessee has requested the designation of Fourteen (14)
spaces in Parking District Lot #3 for use by employees, tenants
and invitees of the owner.
C. The Parking Place Commission has determined that the
designation of such spaces for use by Lessee is in conformance
with its pre-established policy for leasing of parking spaces
within the Downtown Parking Place District.
2. Incorporation of Parking Commission Policy.
A. At its regular meeting of December 4, 1986, the Central
City Parking Place Commission adopted Policy Guidelines for the
leasing of parking space in Parking District Lots 1, 2, 3 and 4.
That policy is as follows:
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"GENERAL"
1. Parking spaces of District Lots 1, 2, 3 & 4
can only be leased to businesses located
within the District, providing that all
special assessment and business fees for
such business is kept current.
2. The total number of parking spaces leased
in each of the District lots shall not
exceed 50% of the over-all number of
parking spaces provided in each lot.
3. All future leases shall be based on the
prevailing rates as established by the
Public Buildings Division. The location
of any leased parking ~aces is subject to
possible future relocation within the
same lot.
4. All lease requests and applications shall be
reviewed by the Central City Parking Place
Commission.
PRIORITY:
No. 1 - All business establishments located
adjacent to the District lot.
No. 2 - All business establishments located
within approximately 600 feet walking
distance from the District lot.
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No. 3 - All business establishments located
in the District.
That policy is hereby incorporated herein as a term and
condition of this lease.
3. Allocation of Spaces.
City agrees to assign and allocate Fourteen (14) spaces
located in Parking Lot #3 for use by officers, employees, tenants
and invitees at 398 West Fourth Street, San Bernardino. The
designated spaces are illustrated on Exhibit "I" attached hereto
and incorporated herein by reference.
4. Consideration.
Lessee shall pay to City the sum of $22.34 per month
per space, payable semi-annually, 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, Lessee shall deposit with City the amount of
$1,876.56, which will be held by City as a performance bond. City
agrees to apply the performance bond funds toward the first semi-
annual payment, less cost of $490 for signing.
5. Term.
The term of this Agreement shall be 60 months,
commencing upon the effective date of this Agreement as set forth
in Paragraph 7, unless earlier terminated by either party as
provided herein. The City Administrator of the City is hereby
authorized to grant a maximum 60 months extension of this
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4-11-88
agreement, upon written request for same from the Lessee. The
extension shall be upon such terms as shall then be mutually
agreed upon by the parties.
6. Termination.
This lease may be terminated without cause upon
thirty (30) calendar days' advanced written notice from either party,
mailed to the address indicated for the receipt of notices.
Lessee may at any time, but only upon a similar
thirty (30) calendar days' notice in advance, terminate the lease
as to any particular space(s) held under this lease, and upon each
such termination the total monthly rental shall be accordingly
reduced without further notice or agreement of the parties.
7. Effective Date of Agreement.
This Agreement shall become effective upon date of
execution hereof.
8. Maintenance and Security.
City shall provide maintenance and general security at
the same times and in the same manner as with all other parking
areas owned by City and in the same general geographic area.
City shall keep the common areas striped, lighted, and clear and
free of rubbish and obstructions of any nature. Lessee shall
have responsibility for security of the specific spaces leased.
City shall not be responsible for removal of unlawfully parked
vehicles or for the security of automobiles parked in leased
space.
9. Possessory Interest.
The City and the Lessee hereby agree and understand
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that this Agreement may create a possessory interest subject to
property taxation and that if such possessory interest is
created, the Lessee shall pay the property taxes, if any, levied
on such possessory interest. The Lessee shall promptly provide to
the City upon such payment a written certification, signed by an
authorized agent of the Lessee, that all such taxes due, if any,
have been paid by the Lessee.
10. Terms Subject to Lease Agreement.
This Agreement is subject to the terms and conditions
of any provisions contained In any indenture related to bonds
issued for the purchase or expansion of Parking District Lot #3.
The parties recognize that City's right to occupy the subject
premises, or to commit the premises to the uses specified in this
Agreement, may expire before this Agreement expires by its terms.
In such event, this Agreement shall terminate as of such date as
City's entitlement to use and control of the lot expires.
11. Hold Harmless.
Lessee agrees to, and shall, hold City, its elective
and appointive boards, commission, 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 any
one or more persons directly or indirectly employed by or acting
as agent for Lessee. Lessee agrees to and shall defend City and
its elective and appointive boards, commissions, officers, agents
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4-11-88
\
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. Liability Insurance.
Lessee agrees to procure and maintain in force during
the term of this Agreement and any extension thereof, at its
expense, public liability insurance adequate to protect against
liability for 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. A
certificate of insurance shall be delivered to City's Risk
Management Division. Lessee agrees to obtain a written
obligation from the insurers to notify City in writing at least
30 days prior to cancellation or refusal to renew any such
policies.
13. Assignment.
This Agreement shall constitute a revocable license
and does not constitute an easement or covenant running with the
land. Lessee shall not assign any parking spaces which are the
subject of this Agreement without the prior written consent of
the City. The parties contemplate that the parking spaces will
be devoted to occupants of Lessee's building and customers,
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4-11-88
business invitees and employees thereof. Any other use shall be
grounds for termination of this Agreement. This Agreement
automatically terminates upon any sale or any transfer of more
than 50% ownership in" the building at 398 West Fourth Street.
14. Amendment..
This Agreement may be amended or modified only by
written agreement signed by both parties. Failure on the part of
either party to enforce any provision of this Agreement shall not
be construed as a continuous waiver of the right to compel
enforcement of such provision or provisions, nor shall such
waiver be construed as a release of any surety from its
obligations under this Agreement.
15. Notices.
All notices herein required shall be in writing and
delivered in person or sent by certified mail, postage prepaid,
addressed as follows:
City
Lessee
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
John B. Lonergan, as
Trustee of the John B.
Lonergan Trust No. 2
1103 Bel Air Place
Los Angeles, CA 90077
16. 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
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4-11-88
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.
17. Entire Agreement.
There are no understandings or agreements except
herein expressly stated. Any modifications must be in writing.
DATED: ~ c27/ )l?J"
ATTEST:
t22
M21'/ /c?al,/ :". ..,~
Cit~ Clerk
as Trustee of the John B.
Lonergan Trust No. 2
Approved as to form
an1\ legal content:
~~1,;~
U Attorney
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