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HomeMy WebLinkAbout1987-153 1 RESOLUTION NO. 87-153 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING AGREEMENT WITH THE SUN COMPANY RELATING TO 3 THE ALLOCATION OF 165 PARKING SPACES ON THE FIFTH LEVEL OF THE FIVE-LEVEL PARKING STRUCTURE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City a 8 Parking Agreement with The Sun Company relating to the 9 allocation of 165 parking spaces on the fifth level of the five- 10 level parking structure, a copy of which is attached hereto, 11 marked Exhibit "A" and incorporated herein by reference as. fully 12 as though set forth at length. 13 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the City of San meeting thereof, held on 15 Bernardino at a n adjourned regular , 1987, by the following vote, 16 the 11th day of 17 to wit: 18 19 20 21 22 23 24 25 of 26 27 May AYES: Council Members Estrada, Flores, Maudsley, Quiel, Frazier, Strickler NAYS: None ABSENT: Council Member Reillv The foregoing resolution ~~..~ / City Clerk is~~reby approved this /~cAC day /jLc I }1 f' ~. { /' 1'"]. A,.l' /,- // I', ' x. . .J..A-, C. j.r1---L..~/ II .A--- ,---e-;(, /" Mayor of' the Crty of San'/Bernardino Mav , 1987. Approved as to form: .' ~"'.1 ". ,r J " ' ./ ~~ J ~}' 28 ./ ;,'~:_'.:~:::.''i.::'/;. ::<, ~ ',>' /~ >~~l ~.::-c.: ,.,yll t"i ty .Nt torney \ PARKING AGREEMENT (Five-Level Parking Structure - 5th Level) THIS PARKING AGREEMENT (referred to as "Agreement") is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and THE SUN COMPANY, a California General Partnership, referred to as "Company". City and Company agree as follows: 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 period of 50 years the Parking Facility adjoin- ing City Hall, San Bernardino, California, which would provide necessary public parking to the users of the commer- cial, 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 pre- mises shall be maintained and used as a parking facility for the benefit of the public patronizing the Commer- cial, Business and Cultural Areas which facility shall be available to the public without charqe, 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 'n' 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. - 1 - " b. City agrees that the use of the leased pre- mises shall be restricted solely to uses consistent with the purposes specified in subparagraph a. of this paragraph." Cc) The Lease Agreement, although prohibiting the imposition of charges upon the public patronizing the Commer- cial, 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. Cd) Company 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 parkinq in the parkinq Facilitv will result from the allocation of these parkinq spaces. 2. Allocation of Spaces. City agrees to assign and allocate 165 spaces located on the fifth level of the five- level parking structure to Company for use by its officers, employees, tenants and invitees occupying the building located on the northwest corner of fourth and "0" Streets. The designated spaces are illustrated on Exhibit "r" attached hereto and incorporated herein by reference. 3. Consideration. Company shall pay to City the sum of $21.40 per month per space, less 25% for uncovered parking payable semi-annually, in advance. This sum shall be adjust- ed annually based on changes in the Los Angeles/Anaheim/River side consumer price index, provided said adjustment shall be limited to a maximum of 7% annually. Upon acceptance of this - 2 - Agreement, Company shall deposit with City the Amount of $10,000 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 for signing ($1,080). Company shall pay City, on or before the 15th day of May and the 15th day of November, 1987, 15th May, 1988, ln advance, an amount equal to six months payment. 4. Term. The term of this agreement shall be eighteen months commencing upon the effective date of this Agreement as set forth in Paragraph 5, and terminating 15th November, 1988, thereafter, unless earlier terminated by either party as provided herein. This lease may be terminated without cause upon 30 calendar days written notice from the City. 5. Effective Date of Agreement. This Agreement shall become effective upon execution hereof; the eighteen month term, however, shall commence on 15th of May, 1987. 6. Maintenance and Security. City shall provide maintenance and 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. 7. Terms subject to Lease Agreement. This Agreement is subject to the terms and conditions of that certain lease between the Redevelopment Agency of the City of San Bernar- - 3 - dino and the City of San Bernardino dated September 4, 1972, the provisions of which are incorporated herein by this reference. The parties recognize that unless that lease is extended or renewed, 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 structure expires. 8. Hold Harmless. Company 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, includ- ing death, as well as from claims for property damage which may arise from Company's operations under this Agreement, whether such operations be by Company, its officers, employ- ees or tenants, or by anyone or more persons directly or indirectly employed by or acting as agent for Company. Company agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employ- ees 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. 9. Liability Insurance. Company 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 - 4 - $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. Company 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. 10. Assignment. Company 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 Company's building and customers, business invitees and employees thereof. Any other use shall be subject to strict scrutiny. 11. Amendment. This Agreement may be amended or modified only by written agreement signed by both parties and failure on the part 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. 12. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: City of San Bernardino 300 North "D" Street The Sun 399 North "D" Street - 5 - San Bernardino, CA. 92418 San Bernardino, CA. 92401 13. Validity. If any term, 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. 14. Concurrence by Redevelopment Aqencv. The foregoing provisions of this Agreement and the assignment and allocation of parking spaces is concurred in by the Redevelop ment 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, 'tnr /p the parties have executed this Agreement on ,1987 . b//Ja:~~ -7 City Clerk 1-/ / ATTEST: By THE SUN COMPANY A California General Partnership o JJ /J(~ Ib By {/1td[Ji/.- ~ ~~~ ~ President & Publisher REDEVELOP ENT AGENCY OF THE CITY OF SAN BE A INO BY - 6 - Approved as to form: f: ! - 7 - t , - ---....--- ~ \\0 \0 ~ -t~~\D \ -1 HXIBIT.. I \ ' . .. . 'U ~ 0 0.. W \0 N M -J o LU > W -J .... o a.. - ~ e