HomeMy WebLinkAboutR13-Redevelopment Agency
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REOUEST FOR COMIIISSIOII/COUIICIL ACTIOII
From:
KERNETH J. HENDERSON
Executive Director
Subject: PARnIlG LlASI AGRurwu
FOR AIlDRlSOII BUILDIIIG
WITH I1IllOVA, IIICORPORATlD
Date: Auaust 7, 1992
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SYnopsis of Previous CODIission/Council/Committee ActionCs):
In October, 1982, the Mayor and Common Council approved a certain
Parkins License and Easement Aareement with Commercial Development
Associates and adopted a resolution authorizins the Chairman to
execute a Parking License and Easement Aareement on behalf of the
Redevelopment Agency.
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Recommended MotionCs}:
CCommunitv Develoument Commission}
MOTION:
RESOLUTION OF TBI COMMUBITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING TBI CHAIRMAN OF THE
COMMUBITY DEVELOPMENT COMMISSION OF TBI CITY or SAN
BERNARDINO TO EXlCUTB A PAllXING LICENSE AND BASEMENT
AGREEMENT WITH UUIOVA CORPORATIOII, IT AL.
~!!1~~~1I
Executive Director
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Contact person(s): Ken Henderson/Art Hassel
Phone:
5081
Project Area(s): Central City RedevelOPment Area
Ward(s):
One ( 1)
Support ins Data Attached: Staff Report: Resolution: ~Yhibits: Aareement
FllNDING REQUIREMENTS:
Amount: $ N/A
Source:
N/A
Budget Authority:
N/A
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Commission/Council Notes:
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KJB:AJH:lag:0200e
COMIUSSIOII MElTIBG AGIlUlA
Meeting Date: 1/17/1992
Agenda Itea llulllber: J3-
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C.BLOPMB.T DBPARr~B.T
01' TIlE CIn 01' SAlt BlUAmlhtd
STAn' REPORT
PARnIG LIClRSI AIm IASENDr ACI!K9wu WITH IIUtOVA CORPORATIOI
On October 27, 1982, the Community Development Commission authorized
the Chairman to execute a Parking License and Easement Agreement with
Commerce Development Associates to lease one hundred thirty-one (131)
parking spaces in the Central City Mall parking lot. The parking
spaces were for the exclusive benefit of the Andreson building located
at 320 Borth "E".
On April 3, 1992, Commerce Development Associates entered into a
Special Warranty Deed and Bill of Sale for the purchase of the Andreson
Building located at 320 Borth E Street in the City of San Bernardino.
That action had the effect of transferring ownership of the building
and all riahts and priVileges to the aforementioned Parking License and
Easement Aareement to Innova Corporation.
Documents evidencing the sale and transfer of rights were recorded with
the County of San Bernardino as Instrument Bumber 92-169878 and state
in part.
IXIIIBIT "B"
PERMITTED EXCEPTIOBS
Any policy we issue will have the following exceptions unless they
are taken care of to our satisfaction.
14. The terms, covenants, and conditions of that certain parking
license and easement agreement, dated October 27, 1982,
between the Redevelopment Agency of the City of San
Bernardino, as licensor and Commerce Development Associates,
as licensee, which, among other matters, provides for parking
facilities, recorded October 28, 1982, Instrument Bo.
82-215925, official records and re-recorded January 20, 1983,
Instrument Bo. 83-013598, official records. (Affects this and
other property)."
The new owners have agreed to an increase of the per space price from
$19.36 to $20.00. This reneaotiation of the Parking License and
Easement Agreement requires execution of a new agreement.
On May 21, 1992, the new Parking License and Easement Agreement was
executed by the new owner and participants, Innova Corporation, and was
forwarded to the Redevelopment Aaency for final execution.
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KJH:AJH:laa:0200e
COMIIISSIOB IIIITIBG AGIlUlA
Meeting Date: a/17/l992
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DEVELOPKBRT DEPARnr"'T STAFF REPORT~""
PAUIIIG LUSB ACDlhdn' FOR AlUlUSOB IUlLDIIIG VITI IhnJvA, IBCORPORATBD
AUlust 7, 1992
Page R\llDber -2-
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Staff has reviewed the new Parking License and Easement Agreement as
submitted and finds the Agreement to be in order. The office of the
City Attorney approved the new contract as to legal in form and content.
Staff recommends adoption of the form motion.
J:IJllUTB J. BIlUlI OR, Executive Director
Development Depar ent
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KJB:AJH:lag:0200e
COMIIISSIOB MllTIBG AGIRDA
Meeting Date: 1/17/1992, t
Agenda Itea lIuIIIber: f-J
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TO EXECUTE A
PARKING LICENSE AND EASEMENT AGREEMENT WITH INNOVA CORPORATION, ET
AL.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Chairman is hereby authorized and directed
to execute on,behalf of said City a Parking License and Easement
Agreement for the three-level parking structure adjacent to the
Andreason Building with Innova Corporation, et al.
SECTION 2.
The authoriza't;ion to execute the above-
referenced agreement is rescinded if the parties to the agreement
fail to execute it within Sixty (60) days of the passage of this
resolution.
I HEREBY CERTIFY that the fc.regoing resolution was duly
adopted by the Community Development Commission of the City of San
Bernardino at a
meeting thereof, held on the
, 1992. by the following vote, to wit:
day of
Commission Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
Secretary
DAB/.e8/P.rking2.rea
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RESOLUTION. . . TO EXECUTE A PARKING
AGREEMENT WITH INNOVA CORPORATION, ET AL.
LICENSE AND EASEMENT
of
The foregoing resolution is hereby approved this
, 1992.
day
W. R. HOLCOMB, Chairman
Community Development Commission
of the City of San Bernardino
Approved as to
form and legal content:
DAB/.ea/Park1ng2.r..
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August 4~ 1992
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1 PARKING LICENSE AND EASEMENT AGREEMENT
2 THIS PARKING LICENSE AND EASEMENT AGREEMENT ("License") is
3 entered into as of this day of ,
4 1992, by the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
5 BERNARDINO on behalf of the REDEVELOPMENT AGENCY OF THE CITY OF
6 SAN BERNARDINO, ("Agency"), a publiC body corporate and politic,
7 as Licensor, and INNOVA CORPORATION, a California Corporation, as
8 to an undivided fifteen percent (15\) interest, HERMAN SURYOUTOMO
9 and LUSIA SURYOUTOMO, husband and wife, as Trustees for the
10 SURYOUTOMO LIVING TRUST, dated September 25, 1988, as to an
11 undivided twenty-five percent (25\) interest, GLENN DOl, an
12 unmarried man, as to an undivided twenty percent (20\) interest,
13 ANNE IRENE ZARDENETA, a married woman, as her sole and separate
14 property, as to an undivided thirty percent (30\) interest, and
15 ZARDENETA INVESTMENTS, a California Corporation, as to an
16 undivided ten percent (10\) int~rest, (Innova, et al"), as
17 licensee, and consented to by the CITY OF SAN BERNARDINO,
18 ("City"), in contemplation of the following:
19 RECITALS
20 1. The Agency owns the Parking Area (as defined by that
21 certain Declaration of Restrictions, Construction, Operator,
22 Restriction and Easement Agreement, dated as of December 24, 1970,
23 (the "REA")), including a three-level parking structure (the
24 "Structure") adjacent to the Andreson Building, more particularly
25 described on Exhibit A; and,
26 2. An office building kno~m as the Andreson Building
27 located at 320 North "E" Street, San Bernardino, California, is
28 adjacent to the Carousel Mall and the Structure but is not part of
DAIl/.../PorldDII..gr 1 April 28. 1992
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the Carousel
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Mall as specifically set forth in Article XXIX of
REA, but is wi thin the Central City Parking District ("District"):
and,
3. Innova, et al., is the Current Owner and Operator of
the Andreson Building having purchased the Andreson Building from
Commerce Development Associates by deed dated April 3, 1992 and
recorded on April 22, 1992 as Instrument No. 92-169878 at San
Bernardino, California; and,
4. Pursuant to special warranty deed and bill of sale, the
Agency is to manage, operate, maintain and repair the Parking
Area: and,
5. Section 5.1 of the REA states that the grant of parking
rights to the other parties to the REA are non-exclusive and
Section 5.9 of the REA states that the rights of the other parties
are subject to Paragraph lOc of the previous City Lease Agreement
(Parking): and,
6. Paragraphs lOb and lOc of the City's Lease Agreement
(Parking) state respectively as follows:
"lOb. The easement rights reserved hereunder include the
power on the part of Agency, its successors and assigns, to grant
licenses for the use of said easement rights to others including,
but not limited to, the operators of business establishments to be
located in the Commercial Area and their respective employees,
customers, patrons and other licensees.
"lOc. The easement rights reserved hereunder and any
licenses to be granted in connection therewith are subject to the
following conditions: '"
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" ( 2) The rights of usage under said easement
shall be non-excluSive, and in common with the rights
of usage on the part of each owner of or licensee
under such rights and with all members of the public
having the right or privilege for like usage of the
parking facility in accordance with the terms and
provisions of this Lease."; and,
DAB/sea/Parking.agr
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Auguat 5. 1992
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7. Agency and City find that the use of the Andreson
Building for professional and commercial offices and commercial
enterprises in support of said uses and its occupancy and success
would be an enhancement to the downtown area of the City and in
particular to the Carousel Mall; and,
8. For the Andreson Building to reach its full potential
and use, parking facilities for Innova, et al., its tenants and
tenants' employees ("Parkers") will be required;
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NOW, THEREFORE, IT IS AGREED:
1. GRAN'l' OF LICENSE. In return for good and valuable
consideration, Agency grants and guarantees to I nnova , et al., a
license and easement (the "License") (i) for the twenty-four (24)
hour use of one hundred thirty one (131) parking spaces in the
structure; and, (ii) access to the structure from public streets
and from the pedestrian, bridge between the Andreson Building and
the Structure. City shall consent to the License and do all
things necessary to cooperate in the accomplishment of its
purposes and intent. Said License is granted upon the fOllowing
terms and conditions:
2. INNOVA, E'l' At., AGREEMEN'l':
2.1 Upon execution of the License, Innova, et al.,
agrees to deliver a cashier's check in the amount of Thirty Seven
Thousand Seven Hundred Twenty-Eight Dollars ($37,728.00) as the
first year's advance lease payment.
2.2 Innova, et al., may replace Eighteen Thousand
Eight Hundred Sixty-Four Dollars ($18,864.00) of the above amount
with a letter of credit for Eighteen Thousand Eight Hundred S1xty-
III
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April 28. 1992
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Four Dollars ($18,864.00) from First Interstate Bank or other bank
of comparable status acceptable to the Agency.
2.3 The letter of credit shall be promptly returned to
Innova, et al., if the second six-month lease payment of Eighteen
Thousand Eight Hundred Sixty-Four Dollars ($18,864.00) is made
within ten (10) days after the due date for the second six-month
lease payment.
3. TERM.
3.1 The term for this License and Easement will begin
on the later of the close of escrow on the sale or transfer of the
Andreson Building or the execution of this Parking License and
Easement Agreement and shall terminate twenty (20) years
thereafter. Innova, et al., shall then have the option to extend
the License for an additional ten (10) years on the same terms and
condi tions as set forth herein, provided however that the cost for
the additional ten (10) year period shall be the then market rate
charged in the downtown redevelopment area for uncovered parking
as established by the Agency. If so extended, then at the end of
that additional ten (10) year period, Innova, et al., shall again
have the option to extend the License for an additional ten (10)
years, provided however that the cost for the additional ten (10)
year period shall be the then market rate charged in the downtown
San Bernardino area for uncovered parking as established by the
Agency. If Innova, et aI., does not exercise its option on either
occasion, prior to sixty (60) days before the end of the term or
option term, then this License shall terminate at the time.
3.2 The rights granted under this License, and Innova,
et ai's obligations under this proposal shall inure to the benefit
DAB/aea/ParklDg.agr
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April 28. 1992
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and burden of the Agency, Ci ty and Innova, et al., and their
respective successors and assigns.
.. PAYMEN'l'.
..1 During the first year of the License, Innova, et
al., will pay Twenty-Four Dollars ($24.00) per month for each of
the one hundred thirty-one (131) spaces payable semi-annually in
advance, which amount shall be adjusted annually based on
increases in the consumer price index, provided, however, the
maximum adjustment shall be limited to a maximum of seven percent
(7t) annually.
..2 The amount paid by Innova, et a1., for years
twenty-one (21) through thirty (30) and thirty-one (31) through
forty (40), if the option right is exercised, shall be established
in accordance with Section 3.1.
CONTROLLED ACCESS.
5.1 The Parkers will be permitted access to the
Structure during early morning hours (6:00 a.m. to 10:00 a.m.)
("Access Hours").
5.2 In order to control access to the Structure and to
the extent consistent with all applicable contracts and laws,
Innova, et al., shall ascertain that in a manner designated by
Agency and City and at Innova, et ai's sole expense, an auto
parking control arm and card or key control system and entrance
prevention device with a lighted warning sign (the "Gate") at the
Fourth Street entrance to the Structure is operational. The
parking controls installed by Innova, et al., shall include
traffic control islands, striping and signs. The above-described
parking controls are to be installed and operating no later than
5
5.
DAB/aea/ParkiDg.agr
April 21. 1992
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1 thirty (30) days after the sale or transfer of the Andreson
2 Building to Innova, et al., or thirty (30) days after the
3 execution of this Parking License and Easement Agreement,
4 whichever is later.
5 5.3 Wi th respect to any parking controls and such
6 Gate:
7 5.3.1 Innova, et a1. , will dedicate the
8 parking controls, the Gate to Agency, and the cost of maintenance,
9 repair, operation and replacement of the Gate shall be the
10 responsibility of Agency and City upon the dedication.
11 5.3.2 At the conclusion of the Access Hours,
12 the arm of the Gate will be lifted, and the structure shall be
13 available for customers and invitees of the Shopping Center.
14 5.3.3 Innova, et aI., and the Parkers shall
15 have only one hundred thirty-one (131) currently used access cards
16 or keys for the Gate outstanding at one time. The Central City
17 Company shall also be permitted to distribute access cards or keys
18 for the Gate for parking by Shopping Center employees in the area
19 identified on Exhibit B (which may be changed from time to time).
20 No one else shall have access cards or keys.
21 5.3.4 Agency will change the coding of the
22 cards or keys from time to time at the request of Innova, et al.,
23 and Central City Company and at their joint expense.
24 5.3.5 Innova, et al., may charge Parkers a fee
25 for access cards or keys to the Gate or passes to the structure.
26 5.4 If there is no Gate, then Innova, et aI., may
27 charge each of the one hundred thirty-one (131) Parkers a fee to
28 1//
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April ~8. 199~
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use the License, to the full extent permitted by applicable
contracts and laws.
6. POTENTIAL CREDIT.
Because the amounts paid by Innova, et al., for the License
will be used by the Agency to maintain and construct additional
parking facilities in the downtown redevelopment area, Innova, et
al. , shall continue to pay the existing assessments for the
District, in addition to the amounts provided for in Section 4.1
and 4.2. Agency and City acknowledge and agree that the total
payments to be made under this License shall be reduced by the
total of any obligations imposed in any future assessment
district, improvement district or other construction funding
intended to be used for the construction of additional parking
facilities.
7. DESIGNATED PARKING.
7.1 Agency and City hereby designate the one hundred
thirty-one ( 131 ) spaces on the middle and third level of the
structure as shown on Exhibit B, Page 1 and 2 (the "Designated
Levels") for use by Parkers.
7.2 It is the intent of the parties that in no event
shall parkers utilize more than the one hundred thirty-one (131)
spaces in the Structure as designated by this License.
7.3 To the full extent consistent with the applicable
contracts and laws, Agency, City and Innova, et aI., will
cooperate for the installation by and at the expense of Innova, of
a second access gate at the entrance to the Designated Levels, if
desirable, for ingress and egress of parkers after Access Hours.
III
DAB/.ea/Parking.agr
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April 28, 1992
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7." City and Agency will be responsible for the
enforcement of the obligation of Parkers to park on the Designated
Levels.
7.5 Agency and City will cooperate to do all things
necessary (if any) to provide, to the extent legally possible,
that parkers may only park on the Designated Levels. To the
extent such exclusive rights are maintained, Parkers shall park in
the spaces designated in this License and in no other or
additional location or spaces in the Parking Area provided for by
the REA.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES.
8.1 Agency and Ci ty shall be responsible for
maintenance, improvement, repair and security of the Structure and
the Gate, at Agency's and City's sole expense.
8.2 Innova, et al., shall keep current and furnish to
City a list of all persons to whom access cards or keys have been
issued and a list of all motor vehicle license plates of all
authorized Parkers. If Agency or City should in the future
institute a motor vehicle parking authorization tag for all
persons entitled to use the Parking Area or the Structure, Innova,
et al., shall require all parkers to affix said parking
authorization tags to Parkers' authorized motor vehicles.
8.3 The City and Agency will immediately notify the
Merchants' Association (and other persons or entities) to which
Ci ty and Agency have granted parking rights for the Designated
Levels of the Parking of the Structure, of this amendment of any
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April ze. 199Z
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1 existing agreement under which the Merchants' Association (or
2 other persons or enti ties) have certain parking rights are
3 relocated as shown on Exhibit B, Pages 1 and 2.
4 9. LICENSE DEFAULT. Innova, et aI., shall be in default
5 of this License if I nnova , et al., fails to perform any promise,
6 covenant, condition or obligation of Innova, et al., under this
7 License within thirty (30) days of receipt of written notice of
8 default by Agency or City to Innova, et al.
9 10. TERMINATION OF LICENSE. This License shall terminate
10 upon the happening of any of the following:
11 10.1 The default of Innova, et al., in the performance
12 of any of Innova, et ai's obligations as provided in Section 2 of
13 this License.
14 10.2 Innova, et ai's default in accordance with Section
15 3 of this License.
16 10.3 Destruction (unless rebuilt within a reasonable
17 period of time), complete condemnation or razing of the Andreson
18 BUilding.
19 10.4 Prohibition or restriction of parking by any
20 environmental protection agency or similar authority.
21 11. RULES AND REGULATIONS. Except to the extent provided
22 for in this Lease, Parkers shall comply with:
23 11.1 The terms and conditions of the REA ,and the City
24 Lease relating to access, operation and use of the Structure.
25 11.2 The ordinances and regulations of the City and the
26 Agency relating to the use of the Parking Area.
27 12. INSURANCE. Innova, et al., shall obtain and
28 maintain public liability insurance with limits of not less than
DAB/.../p.rking,.gr 9 April 28. 1992
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13. INDEMNIFICATION. Innova, et al., shall hold harmless,
defend and indemnify Agency and City, their officers, agents,
employees and respective successors and assigns and pay any and
all claims arising from or in connection with the use and
enjoyment of this License and use of the Structure by the Parkers.
14. WAIVER OF LIABILI'l'Y. No waiver of any brea~h of any
of the terms, covenants, agreements, restrictions or conditions of
this License shall be construed as a waiver of any succeeding
breach of the same or other covenants, agreements, restrictions
and conditions thereof.
15. ASSIGNMENT OR TRANSFER OF AGREEMENT. This License
shall not be assigned or transferred to anyone other than a
successor, owner and operator of the Andreson Building for the use
of the occupants of the Andreson Building, nor in any event shall
this License be transferred or assigned without the prior written
consent of the Agency given in writing at least thirty (30) days
in advance of any said assignment or transfer. Agency shall not
unreasonably withhold consent to the assignment or transfer of
this License in accordance with the above provisions.
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I 16. MonCES. Any notices required or permitted under this
, 2 Agreement shall be sent by registered or certified mail addressed
3 as follows:
4 Agency: The Redevelopment Agency of the
5 City of San Bernardino
201 North "E" Street, Third Floor
San Bernardino, CA 92401-1507
6
Innova, et al.: For Personal Delivery:
7
Innova Corporation
8
9
Herman and Lusia Suryoutomo
10
11
Glen Doi
12
13
Anne Irene Zardeneta
14
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ZARDENETA INVESTMENTS,
16 A California Corporation
17
18 For Mail Delivery:
19 Innova Corporation
20
21 Herman and Lusia Suryoutomo
22
23 Glen Doi
24
25 Anne Irene Zardeneta
26
'J:1 III
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DAB/ee./ParkiDg.agr 11 April 2.. 1992
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ZARDENETA INVESTMENTS,
A California Corporation
or such address as the parties may from time to time provide.
17. ENTIRE AGREEMENT.
The parties acknowledge that this
Agreement constitutes the entire agreement between the parties,
and they have placed no reliance in any written or oral
representations made prior to or contemporaneously with this
License.
18. ATTORNEYS' FEES AND COSTS:
The prevailing party
shall be awarded reasonable attorneys' fees and costs in the event
of any dispute arising out of this License or the interpretation
thereof.
19. COUNTERPARTS. This License may be executed in
counterparts, and together said counterparts shall constitute the
License.
20. NONDISCRIMJ:NATJ:ON. Innova, et al., covenants by and
for itself, its successors and assigns, and all persons claiming
under or through it, and this License is made and accepted upon
and subject to the following conditions: That there shall be no
discrimination agains~ or segrega~ion of any person or group of
persons, on account of sex, race, color, creed, national origin,
ancestry or physical or mental handicap in the use or enjoyment of
the designated spaces, nor shall Innova, et al., itself, or any
person Claiming under or through it, establish or permit any such
practice or practices of discrimination or segregation.
III
III
DAB/.e./P.rking..gr
12
April 2', 1992
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,
%H WITNESI WKEaIOF, the parties hereto have executed this
License on the dates indicated below:
~ctel1CY t
Date:
DlKOva, IT az..:
Date: '~~' ~2.
Data:
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Date:
Date'
S"to 199;"
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Dat'-: /JlA./ '2..-1, 17'-'/
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IlM/_n.II1D...
THE REDEV!LOPMEN'l' AGENCY OF THS
CI'N or SAN 8!aNARDINO
By:
nO , W.K. KolCOlllb, ~irll\an
INNOVA,CORPORA'l'ION
, Sy:
~#
SURYOUTOMO LIVING TRUST
'.By:
.,:-- 001 in
'BY.~
' LBNN DOl
ANNB lRENB ZAJtDSNETA
-
Iy:
ZARDENB'l'A INVES'l'MENTS ~
A California Corpo:r:at
13
Apr1.1 21. '1'91 ~
,
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IN WITNESS WHEREOF, the parties hereto have executed this
License on the dates indicated below:
Agency:
Date:
INNOVA, 1'1' AL.:
Date:
Date:
Date:
Date:
5' ~ D ;;~?'--
I
Date: '>to ~/. /77 / _
Date: J?2/L/ 'Z--/, /771/
/
//1
P^,/leI/Park1ng..gr
THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
W.R. Holcomb, Chairman
INNOVA CORPORATION
By:
SURYOUTOMO LIVING TRUST
By:
HERMAN StJRYOUTOMO, Trustee
By:
LUSU StJRYOU'1'OMO, Trustee
GLENN 001
BY~~
-GLENN DOl
In
ANNE IRENE ZARDENE'1'A
By:
ZARDENETA INVESTMENTS,
A California Corporat pn
13
April 25. 1592
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CITY:
City consents to this License and agrees to the terms and
conditions of this License, insofar as City is bound by those
terms and conditions.
CITY OF SAN BERNARDINO
Date:
By:
W.R. Holcomb, Mayor
Attach Acknowledgements
DAB/.../P.rkiDg.agr
14
April 28. 1992
a