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DEVELOPMENT DEPARTMENT
OF THE CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
REOUEST FOR COMMISSION/COUNCIL ACTION
FROM KENNETIl J. HENDERSON
Executive Director
SUBJECT: FEDERAL BANKRUPTCY
COURT RETENTION - YMCA
PARKING LOT
DATE: June I, 1994
SvnODS" ofPrrMous Cmnm..IonICnnndllrmnmlttM! A,f"fInn{.l:
On May 10, 1993, the Cnmrmmi1y Development Cnmmi..;on coosidered a motion to conceptually approve ground
leasing a vacant lot from the YMCA, cons1ructing parking lot improvements thc:rcon at a cost of $280,000 (plus monthly
maint""An"'1; expeIlSeS) and subleasing the parking lot to the Bankruptcy Court's 1andlord; the item was continued to May
24, 1994, but, due to a subsequent reordering of priorities, had not been reconsidered sinoe the May 10, 1993 meeting.
On May IS, 1994, the ('.nrnrmmi1y Development Commission approved options for providing parking for the
Bankruptcy Court, involving the Age:ooy grouodleasing from the YMCA subject to the option of either the Agency or the
YMCA bearing the costs of parldng lot construction. If the latter, additional rent would be due the YMCA
.-.rAm_ended MotIon(.):
tCnmmunltv n..v""lnnm""nt Commlt.lon)
MOTION: That the CommUDi1y Development Cnmmi....on authorize the execution of a Parldng Asr-nent with
the YMCA to provide 30 parldng spaces, on a temporaIy basis, at a renta1 rate oot-to-exceed $7S0 per
month for usage by the Bankruptcy Court.
~
U,!~.J~
KENNETIIJ. ERSON
Exeeutlve D1reetor
Contact PetSOI1(s): J(""nelh 1. HP.nd""""'/Jobn Wood
Phone:
SOSI
Project Area{s): Central City lCC)
Ward(s):
0ne{J)
Supporting Data Attached: StaffRejlOfl: Draft Parlcin.. Acrreement
FUNDING REQUIREMENTS: Amount: $780 OOlMonth Source: Bond ~.
T ~A~ RYnP.n~
Budget Authori1y: Reauested
Commll.lonlCouncD Notes:
KJH:Imp:prldotl.edc
COMMISSION MEETING AGENDA
MEETING DATE: 06106/1994
Agenda Item Number:
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DEVELOPMENT DEPAR~ STAFF REPORT
YMCA - Parking Lot
May 27, 1994
Page 2
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In summary, the subject Parking Agreement will allow for 30 temporary parking spaces for the
exclusive use of the Bankruptcy court. The cost to the Agency will be $780 per month plus a
small, one-time stenciling fee.
Staff recommends adoption of the form motion.
l~\k'\l AI1'ri
KENNETH . HENDERSON, Executive Director
Development Department
KJH:lmp:prldoll.cdc
COMMISSION MEETING AGENDA
MEETING DATE: 0610611994
Agenda Item Number:
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PARKING AGREEMENT
THIS PARKING AGREEMENT (referred to as "Agreement") is
entered into this
day ljIf
, 1994, by and
.
4 between The Young Men's Christian Association ("YMCA"), a non-
profit corporation organized' and existing under the laws of the
State of California, and th. Community Development Commission on
$
behalf of the Redevelopment'Agency ("Agency").
.,
YMCA and Agency agree.~s follows:
1. Reci tals.
A. Agency is attempting to develop parking for
various governmental and private uses in the City
of San Bernardino,
B. Agency has requested the designation of thirty
(30) spaces in the YMCA Parking Lot for such
purposes. Said lot is located at the northeast
corner of Arrowhead Avenue and 6th Street in the
City of San Bernardino.
2. Consideration.
Agency shall pay to YMCA the sum of TWENTY-SIX DOLLARS
( $26 . 00) per month per space, payable monthly, in
advance for each of the thirty (30) spaces.
3. Term.
The term of this Agreement is month to month,
continuing so long as rent is received in advance and
is not in default or terminated under paragraph 4, but
in no event to exceed ten (10) years.
4. Termination.
This Agreement 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. Upon termination this Agreement will be of
no further force or effect.
5.
Effective Date of Agreement.
This Agreement shall become effective upon the day and
date first above shown and upon the receipt of rent.
DAB/js (YMCA.Agr]
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6.
Maintenance and Security.
YMCA shall have full responsibility for security and
maintenance of the spaces leased.
7.
Assignment.
This Agreement shall constitute a revocable license and
does not const! tute an easement or covenant running
with the land. However, it is understood that Agency
may assign any parking spaces which are the subject of
this Agreement without the prior written consent of
YMCA.
8.
Amendment.
This Agreement may be amended or modified only by
written agreement signed by both parties.
9.
Waiver.
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.
Notices.
,
All notices herein required shall be in writing and
delivered in person or sent by certified mail, postage
prepaid, and addressed as follows:
Agency
YMCA
\
Executive Director
Economic Developm~nt Agency
Development Department
201 North OlE" Street
San Bernardino, CA 92401
YMCA
216 w. 6th street
San Bernardino, CA 92401
Attn: Mr. Tony Mino
Validi ty.
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 competent jurisdiction, this
agreement shall thereupon terminate and be of no force
in affect.
DAB/j. (YMCA. Agrl
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12. Entire Agreement.'
There are no unaerstanaings or agreements except as
herein expressly stated. Any modifications must be in
writing.
Approvea as to form
ana legal content:
Agency Counsel
DAB{js (YMCA.Agr]
YMCA
By:
Its:
REDEVELOPMENT AGENCY
By:
Agency Aaministrator
,
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