HomeMy WebLinkAbout1987-430
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RESOLUTION NO. 87-430
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH LEVIN AND RAYNES RELATING TO
THE LEASE OF PARKING SPACES IN DOWNTOWN PARKING DISTRICT LOT #3.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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6 SECTION 1. The Mayor is hereby authorized and directed to
7 execute on behalf of said City an Agreement with Levin and Raynes
8 relating to the lease of parking spaces in downtown parking
9 district lot #3, which Agreement is attached hereto, marked
10 Exhibit "A", and incorporated herein by reference as fully as
11 though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a
meeting thereof, held on
regular
15 the
December
, 1987, by the
day of
21st
16 following vote, to wit:
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AYES:
Council Members Estrada. Reillv. Minor Miller
NAYS:
Council Members Flores. Maudsley
ABSENT:
Council Member Pooe-Ludlam
~//72d/~AV
./ City Clerk
1 The
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resolution is hereby approved this .J.-?:> ,41
, 1987.
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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 LEVIN AND RAYNES, a
corporation (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 454 North Arrowhead Avenue.
B. Lessee has requested the designation of three (3)
spaces in Parking District Lot #3 for use by employees, tenants
and invitees of the owners at 454 North Arrowhead Avenue.
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:
"GENERAL:
1. Parking spaces of District Lots 1, 2, 3 & 4
can only be leased to businesses located
within the District, providing that of all
special assessment and business fees for
such business is kept current.
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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 spaces is, subject to
possible future relocation within the
same lot.
4. All lease requests and applications shall be
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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.
No. 3 - All business establishments located
in the District.
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I' condition of this lease.
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That policy is hereby incorporated herein as a term and
3.
Allocation of Spaces.
City agrees to assign and allocate three (3) spaces
located in Parking Lot #3 for use by officers, employees,
The
tenants and invitees at 454 North Arrowhead Avenue.
designated spaces are illustrated on Exibit "I" attached hereto
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1 and incorporated herein by reference.
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4. Consideration.
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Lessee shall pay to City the sum of $21.40 per month per
4 space, payable semi-annually, in advance. This sum shall be
S adjusted annually based on changes in the Los Angeles/Long Beach
6 consumer price index, provided said adjustment shall be limited
7 to a maximum of ten percent (10%) annually. Upon acceptance of
8 this Agreement, Lessee shall deposit with City the amount of
9 $385.20 which will be held by City as a performance bond. City
10 agrees to apply the performance bond funds toward the first semi-
11 annual payment, less cost of $105 for signing.
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5. Term.
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The term of this Agreement shall commence upon the effeotive
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I date of this Agreement as set forth in Paragraph 7, and terminate
Ion June 30, 2008, unless earlier terminated by either party as
I provided herein.
I 6. Termination.
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I This lease may be terminated without cause upon thirty (30)
\ calendar days' advanced written notice from either party, mailed
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!:to the address indicated for the receipt of notices.
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ii 7. Effective Date of Agreement.
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I! This Agreement shall become effective upon date of
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I' executlon ereo.
I 8. Maintenance and Security.
I City shall provide maintenance and general security at the
\\same times and in the same manner as with all other parking areas
1\ owned by City and in the same general geographic area. Ci ty
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Ishall keep the common areas striped, lighted, and clear and free
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1 of rubbish and obstructions of any nature. Lessee shall have
2 responsibility for security of the specific spaces leased. City
3 shall not be responsible for removal of unlawfully parked
4 vehicles or for the security of automobiles parked in leased
S spaces.
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9. Possessory Interest.
7 The City and the Lessee hereby agree and understand that
8 this Agreement may create a possessory interest subject to
9 property taxation and that if such possessory interest is created, I
10 the Lessee shall pay the property taxes, if any, levied on such
11 possessory interest. The Lessee shall promptly provide to the
12 City upon such payment a written certification, signed by an
13 authorized agent of the Lessee, that all such taxes due, if any,
14 have been paid by the Lessee.
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10. Terms Subject to Lease Agreement.
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This Agreement is subject to the terms and conditions of
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I any provisions contained in any indenture related to bonds issued
Ifor the purchase or expansion of Parking District Lot #3. The
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jparties recognize that City's right to occupy the subject
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!premises, or to commit the premises to the uses specified in this
iAgreement, may expire before this Agreement expires by its terms.
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IIn such event, this Agreement shall terminate as of such date as
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City's entitlement to use and control of the lot expires.
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11. Hold Harmless.
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Lessee agrees to, and shall, hold City, its elective and
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I\appointive boards, commissions, officers, agents and employees
\~armless from any liability for damage or claims for damage for
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ersonal injury, including death, as well as from claims for
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1 property damage which may arise from Lessee's operations under
2 this Agreement, whether such operations be by Lessee, its
3 officers, employees, tenants or invitees, or by anyone or more
4 persons directly or indirectly employed by or acting as agent for
S Lessee. Lessee agrees to and shall defend City and its elective
6 and appointive boards, commissions, officers, agents and
7 employees from any suits or actions at law or in equity for
8 damages caused, or alleged to have been caused, by reason of any
9 of the operations hereunder.
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12. Liability Insurance.
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Lessee agrees to procure and maintain in force during the
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term of this Agreement and any extension thereof, at its expense,
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I public liability insurance adequate to protect against liability
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for damage claims through public use of or arising out of
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1\ minimum amount of $1,000,000 for injuries in anyone accidents,
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accidents occurring in or around said parking spaces, in a
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and $100,000 for property damage.
Such insurance policies shall
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provide coverage for City's contingent liability on such claims
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or losses.
City shall be named as an additional insured.
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ii certificate of insurance shall be delivered to City's Risk
21 Management Division. Lessee agrees to obtain a written
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II obligation from the insurers to notify City in writing at least
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30 days prior to cancellation or refusal to renew any such
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policies.
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13. Assignment.
II This Agreement shall constitute a revocable license and
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Ii does not constitute an easement or covenant running with the
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land. Lessee shall not assign any parking spaces which are the
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subject of this Agreement without the prior written consent of
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the City. The parties contemplate that the parking spaces will
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be devoted to occupants of Lessee's building and customers,
4 business invitees and employees thereof. Any other use shall be
5 grounds for termination of this Lease. This Agreement
6 automatically terminates upon any sale or any transfer of more
7 than 50% ownership in the building at 454 North Arrowhead Avenue.
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14. Amendment.
9 This Agreement may be amended or modified only by written
10 agreement signed by both parties. Failure on the part of either
11 party to enforce any provision of this Agreement shall not be
12 construed as a continuous waiver of the right to compe~
13 enforcement of such provision or provisions, nor shall such
14 waiver be construed as a release of any surety from its
15 obligations under this Agreement.
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15. Notices.
17 All notices herein required shall be in writing and
18 delivered in person or sent by certified mail, postage prepaid,
19 addressed as follows:
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City
Lessee
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Levin and Raynes
454 North Arrowhead Avenue
San Bernardino, CA 92401
16. Validity.
24 If any terms, condition, provision, or covenant of this
25 Agreement shall to any extent be judged invalid, unenforceable,
26 void, or voidable for any reason whatsoever by a court of
27 competent jurisdiction, each and all remaining terms, conditions,
28 promises and covenants of this Agreement shall not be affected
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1 and shall be valid and enforceable to the fullest extent
2 permitted by law.
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17. Entire Agreement.
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There are no understandings or agreements except herein
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expressly state.
Any modifications must be in writing.
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ATTEST:
::TJi;~ :71M
ayor I /~ /(fi (
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-C i t Y .Clerk
LEVIN
By
Approved as to form
and legal content:
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