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CITY OF SAN BERNO'DINO - REQUEST FCfI COUNCIL ACTION
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From: pegg:' Ducey Subject: Par~inr: A<free!:lent \Ii th K.1U.f~L, Wa1d
Assistant to the City Ad!'ninistn:tor
Dept:
Date: Septembe r 3, 1992
Synopsis of Previous Council action:
1/21/92 nn Resolutio:1 91-21 alJproved authorizing parking agreement
\lith Kaufman Walc1 for the lease of 81 spaces in Parking
District Lot #1.
Recommended motion:
Adopt resolution.
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Signa e
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Contact person:
Pe<Jq~_~ Dn r.p::,
Phone: 5122
Supporting data attached:
Ward:
FUNDING REOUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
7".(P62
Agenda Item No. ,S-,.g
CITY OF SAN BERtODINO - REQUEST ()t COUNCIL ACTION
STAFF REPORT
In January, 1992, the Mayor and Common Council approved an
agreement with Kaufman-Wald Investment company to lease 81 spaces
in District Parking Lot #1. At the time, Mr. Kaufman had an
occupational college as a potential tenant, but the college would
not sign a lease unless adequate parking was assured.
After the Council's approval, a copy of the lease agreement was
sent to Mr. Kaufman, but it was not signed within the required
sixty days following Council's approval (see Attachment A, letter
from Mr. Kaufman). He is now requesting that the Council re-
approve the parking agreement so he may lease the building.
75-0264
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SEP 01 '92 14:29
P.2/10
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ATTACHMENT A
Fourth Street Plaza Retail Center, Ltd.
1964 S. W.stwood Boulevard 1430
Lo. Angele., california 90025
September 1, 1992
W.R. Bob Holcoab
The Honorable Mayor of
San Bernardino
ci ty Hall
300 N liD" street
San Bernardino, Ca 92418
Re: Parking agreement reinstatement
570 West Fourth Street
Dear Mayor Holcomb,
I am writing this letter to formally request that the city council
reapprove ResOlution No. 92-21 as quickly as possible authorizing
a parking agreement and designation of eighty-one (81) spaces in
Parking District #1 to the old Gas Company facility at 570 West
Fourth street.
In March, 1992, I was forced to let this resolution lapae as the
intended major tenant, Concorde Technical College, indefinitely
postponed finalizing their lease with us due to their fears that
legislation pending in the U.S. Congress would have reshaped their
business irreparably.
Last month, the college informed us that it has satisfied its fears
and is prepared to sign a long t.erm leas. with us, Subject to the
cit.y readopting the parking lease agreement and our securing funds
from the City for tenant improvements and other costs. I have this
lease now ready for immediate signature pending the City's
approvals.
AS you lIight be aware, the property is in foreclosure with American
Commerce Hational Bank. They are prepared to settle the matter
with us if .. can secure this tenant (and UltimatelY, others) for
the buildinq.
We are in a position to stabilize the property. We need the City's
help and cooperation to do it. Pleas. have P8CJCJY Duoey arrange for
the City Council to hear this request as soon a8 posaible.
Thank you tor your prompt oonsideration to this matter.
If you have any questions, please do not hesitate to oontact me.
3EP 01 '92 14 :30
P.3/10
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ce: P89gy Ducey
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND KAUFMAN WALD INVESTMENT COMPANY, A CALIFORNIA CORPORATION BY
THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said city, a
parking agreement with the Kaufman Wald Investment Company.
A copy of said agreement is attached hereto marked Exhibit "An
and incorporated herein by this reference as fully as though set
forth at length.
SECTION 2. This Agreement shall not take effect until fully
signed and executed by both parties.
The City shall not be
obligated hereunder unless and until the Agreement is fully
executed and nor oral agreement relating thereto shall be implied
or authorized.
SECTION 3. The authorization to execute the above-referenced
agreement is rescinded if the parties to the agreement fail to
execute
it within sixty
days of the passage of this
(60)
resolution.
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 on the day
of , 1992, by the following vote, to wit:
RESOLUTION AU<:)RIZING AGREEMENT WITH KA~N WALD.
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Counci1members
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
NAYS
ABSTAIN
ABSENT
city Clerk
The foregoing resolution is hereby approved this
, 1992.
Approved as to form
and legal content:
JAMES F. PENMAN
City A~torney
I /fl_
By: \,/<' "....."
//1
( /
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t"-:'1.L 'h-~
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day of
W. R. Holcomb, Mayor
City of San Bernardino
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PARKING AGREEMENT
(Downtown Parking District Lot #1)
THIS PARKING AGREEMENT (referred to as "Agreement") is entered
into between the CITY OF SAN BERNARDINO, a municipal corporation,
referred to as "City", and Kaufman-Wald Investments (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 570 West 4th Street.
B. Lessee has requested the designation of eight-one (81)
spaces in Parking District Lot #1 for use by employees, tenants and
invitees of the owners said building.
2. Consideration.
Lessee shall pay to City the sum of $24.34 per month per
space, payable semi-annually, in advance. This sum shall be
adjusted on June 30 of every year for the duration of the
Agreement, 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 $19,720 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 $300 for signing.
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3. Term.
26 This shall be in
lease
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6:00 a.m. to 6:00 p.m.
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effect only Monday through Friday, from
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The term of this Agreement shall be 60 months commencing upon
the effective date of this Agreement as set forth in Paragraph 5,
and terminating October 1, 1997, unless earlier terminated by
either party as provided herein.
4. Termination.
This lease may be terminated without cause upon thirty (30)
calendar days' written notice from either party, mailed to the
address indicated for the receipt of notices.
5. Effective Date of Aqreement.
This Agreement shall become effective October 1, 1992.
6. Maintenance and securitv.
City shall provide maintenance and general security at the
same time 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 unlawful parked vehicles or
for the security of automobiles parked in leased spaces.
7. Terms Subiect to Lease Aareement.
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 #1. 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,
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this Agreement shall terminate as of such date as City's
entitlement to use and control of the lot expires.
8. Hold Harmless.
Lessee 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, 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 anyone 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 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.
9. Liabilitv 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 accidents, 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
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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.
10. Assianment.
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, business invitees and
employees thereof. Any other use shall be grounds for termination
of this Lease. This Agreement automatically terminates upon any
sale or any transfer of more than 50% ownership in said building.
11. Possessorv Interest.
Parties understand that this Agreement herein may create a
possessory interest subject to property tax.
If a possessory
interest is imposed by the County of San Bernardino, lessee agrees
to pay such tax.
Anything in this paragraph not withstanding
lessee shall have full rights to challenge the legality or amount
of any such tax.
12. 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
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1 of such provision or provisions, not shall such waiver be construed
2 as a release of any surety from its obligations under this
3 Agreement.
4 13. Notices.
5 All notices herein required shall be in writing and delivered
6 in person or sent by certified mail, postage prepaid, addressed as
7 follows:
8 ci tv
Lessee
9 city of San Bernardino
300 North "0" Street
10 San Bernardino, CA 92418
Kaufman-Wald Investments
1964 Westwood Boulevard
suite 430
Los Angeles, CA 90025
11 14. Validity.
12 If any terms, condition, provision, or covenant of this
13 Agreement shall to any extent be judged invalid, unenforceable,
14 void, or voidable for any reason whatsoever by a court of competent
15 jurisdiction, each and all remaining terms, conditions, promises
16 and covenants of this Agreement shall be affected and shall be
and enforceable to the fullest extent permitted by law.
17 valid
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1 AGREEMENT WITH KAUFMAN-WALD RELATIVE TO PARKING SPACES.
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3 15. Entire Aareement.
4 There are no understandings or agreements except as herein
5 expressly stated.
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ATTEST:
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9 city Clerk
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Any modifications must be in writing.
CITY OF SAN BERNARDINO
By:
Mayor
Kaufman-Wald Investments
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By:
13 Approved as to form
and legal content:
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15 ,'--;{ - ,</),,(. ~<-.
,cj EyJ Attorney
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