HomeMy WebLinkAbout2009-011
..,.
RESOLUTION NO. 2009-11
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING
AGREEMENT WITH THE CONSULATE OF MEXICO FOR TWO PARKING SPACES.
4
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7
8
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
9 directed to execute on behalf of said City a five-year Parking Agreement with one five-year
10 renewal option with the Consulate of Mexico for two parking spaces in the five-level structure.
11 copy of the Parking Agreement is attached hereto as Exhibit "A" and made a part hereof.
12
SECTION 2. This resolution is rescinded if the parties to the agreement fail to execute it
13
within 60 days of the passage of this resolution.
14
15 III
16 III
17
18
19
20
21
22
23
24
25
26
27
28
2009-11
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING
2 AGREEMENT WIm THE CONSULATE OF MEXICO FOR TWO PARKING SPACES.
3
1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a i oint ad i ourned meeting thereof,
5 held on the 20t"h day of T~n"~Tl' . 2009, by the following vote, to wit:
ABSENT
AYES
NAYS
ABSTAIN
x
x
x
x
x
x
~
18
G?~h~
City 'elerk
17
19
20
The foregoing resolution is hereby approved this otis/day of January, 2009.
21
23
J. Morris, Mayor
San Bernardino
22
24
25 Approved as to form:
26
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2009-11
PARKING AGREEMENT
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 Consulate of Mexico (referred to as "Lessee).
City and Lessee Agree as follows:
1. Recitals
A. Lessee is located at 293 North D Street.
B. Lessee has requested the designation of two (2) spaces in the Five Level Parking Structure
for use by employees and invitees of Lessee.
2. Consideration
Lessee shall pay to the City the sum of$25.00 per month per space, payable semi-annually, in
advance. This sum shall be adjusted on the 30th day of June every year for the duration oflhe
Agreement, based on changes in the Los Angeles/Long Beach consumer price index, provided
said adjustment shall be limited to a maximum often percent (10%) annually. Upon acceptance of
this Agreement, Lessee shall deposit with the City the amount of$300.00 which will be held by
the City as a deposit equal to six (6) months lease payments and the estimated cost of
striping and/or signing the spaces. Parties agree that if the contract is terminated within the first six
(6) months, damages would be difficult to calculate, and that the deposit would be forfeited as
liquidated damages. City agrees to apply the deposil funds towards the first semi-annual payment,
less cosl of signing and/or striping.
3. Term
The tenn oflhis Agreement shall be 60 (sixty) monlhs commencing upon the effective dale of this
Agreement as set forth in Paragraph 5 and tenninating January 31,2014, unless earlier
terminated by either party as provided herein.
4. Termination
This lease may be tenninated without cause upon thirty (30) calendar days' written notice from
-1-
/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2009-11
either party, mailed or personally delivered 10 the address indicated for the receipt of notices.
5. Effective Date of Agreement
This Agreement shall become effective February I, 2009.
6. Maintenance and Security
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 ofany
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 Subject to Lease Agreement
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 Five Level Parking Structure.
The parties recognize thaI City's right to occupy the subject premises, or to commit the premises
to the uses specified in Ihis Agreement, may expire before this Agreement expires by ils terms. In
such event, this Agreement shall terminate as of such dale as City's entitlement to use and control
of the parking slructure expires.
8. Indemnification/Hold Harmless
Lessee agrees to, and shall, indemnify and hold City, its elective and appointive boards,
commissions, officers, agents and employees harmless from any liability for damages or claims
for damage for personal injury, including death, as well as from claims for property damages
arising from or related to Lessee's operations under this Agreement, whether such operations be
by Lessee, its officers, employees 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 or injuries arising from or related to any of the Lessee's operations
under this agreement.
-2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2009-11
9. Liability Insurance
Lessee agrees to procure and mainlain in force during the term of this Agreement and any
extension thereof, at its expense, automobile and public liability insurance adequate to protect
against liability for damages or injuries arising oul of or related to the use of said parking spaces in
a minimum amount of $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 10 the Real Property Section, Development Service Department prior to the effective
date of this agreement. Lessee agrees to obtain a written obligation from the insurers to notify City
in writing at least thirty(30) days prior to cancellation or refusal to renew any such policies.
10. Assignment
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 the Agreement without the prior written consent ofthe City. The parties contemplate that the
parking spaces will be devoted to employees of Lessee's business and customers and business
invitees thereof. Any other use shall be grounds for termination of this Lease.
11. Possessory Interest
Parties understand that this Agreement herein may create a possessory interest subject to property
tax. If such a property tax is imposed by the County of San Bernardino, Lessee agrees to pay
such tax, subject to Lessee's rights to challenge the legality or amounl 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 enforce of such provision or provisions, nor shall
such waiver be construed as a release of Lessee from its obligations under this Agreement.
13. Notices
All notices herein required shall be in writing and delivered in person or sent by certified mail,
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2009-11
postage prepaid, addressed as follows:
City
Lessee
Jim Sharer, Director
Facilities Management Department
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Consulate of Mexico
293 North D Street
San Bernardino, CA 9240 I
14. Validity
If any terms, conditions, provisions or covenants ofthis Agreement shall to any extent be judged
invalid, unenforceable, void, or voidable for any reason whatsoever by a court of competent
jurisdiclion, each and all remaining terms, conditions, promises and covenants ofthis Agreement
shall not be affected and shall be valid and enforceable to the fullest extent permitted by law.
IIIII
-4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2009-11
PARKING AGREEMENT with Consulate of Mexico
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed on the date written above by their duly authorized officers on their
behalf.
ATTEST:
BY:
Q~,0.~
Rachel Clark, City Clerk
City of San Bernardino
Approved as to form:
JAMES F. PENMAN
City Attorney
- 5-
CITY OF S N BERNARDINO
. Weinberg, City Manager
City of San Bernardino
BY:
NAME:
6'JW~ 7~91f-.6'
(jOn.8uJob~
TITLE: