HomeMy WebLinkAbout37-Public Buildings
, city OF SAN BERNARD""O - REQUPlIST FOR COUNCIL' AC
From:
Wayne Overstreet, Supt, Public
Buildings/Parking Control
Subject: AUTHORIZATION TO EXECUTE PARKING
AGREEMENT WITH YOHKO KOBAYAS~I-ARNETT--
DOWNTOWN PARKING DISTRICT LOT #3
Dept:
Date: September 24, 1987
Synopsis of Previous Council action:
NONE
Recommended motion:
ADOPT RESOLUTION
cc:
Raymond D. Schweitzer- City Administrator
J,m" F. P,om'"- City Atto,",y ~ ~
Warren Knudson- Director of Finance
Roger Q, Hardgrave- Di rector of Pub 1 i c !~orks lA" ~L
t1anuel P. Moreno, Jr. Director or Publ j" :;", vj",,~ .
Jim Richardson- Deputy City Administrator/Develop~~lure
Contact person:
Wayne Overstreet
Phone: 384-5244
Supporting data attached:
Yes
Ward:
1
FUNDING REQUIREMENTS:
Amount:
No
Source: (ACCl. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
15.0262
Agenda Item No.
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, CI() OF SAN BERNARDOO - REQUOT FOR COUNCIL AC~ON
STAFF REPORT
A request to lease ten (10) parking spaces in the Downtown Parking District
Lot #3 for the use of the tenants at 444 North Arrowhead Avenue (Yohko Kobayaski-
Arnett--Owner) was presented to the Parking Place Commission for Consideration.
At its regular meeting of December 4, 1986, the Commission adopted a Policy Guide-
line for the leasing of parking spaces in the Downtown Parking District Lots to
Businesses located in the District, provided that they keep current all special
assessments and business licenses etc. This policy was adopted inorder that the
parking needs could be provided for tenants of vacant buildings within the down-
town area. The Commission has determined that approval would be in keeping of
this policy and recommend approval by the Mayor and Common Council for the fol-
lowing consideration and conditions,
Lessee pay the City (Downtown Parking District) the sum of $21.40 per month per ~
space, semi-annually, in advance, and this sum be adjusted annually based on
changes in the Los Angeles/Long Beach consumer price index limited to a maximum
of 10% annually, upon acceptance of this agreement, Lessee deposit with the City
$2,140 which would be held as a performance bond which would be applied against
the first semi-annual payment, less $350 for cost of signing and striping, terms
to be for 20 years, but the City or Lessee could terminate the agreement without
cause upon a thirty (30) calendar days written notice from either party.
Maintenance and Security would be provided at the same time and manner as all
other parking areas owned by the City in the same general area. The commission
also recommended that monies over and above the operations, maintenance and
Security (0 & M) which is estimated at $5.60 per month per space for FY 87/88,
be placed in a capital improvement account for further development of additional
parking. Annual estimated revenue for this agreement for this account would be
$1,896.00.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH YOHKO KOBAYASHI-ARNETT 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:
SECTION 1. The Mayor is hereby authorized and directed to
execute on behalf of said City an Agreement with Yohko Kobayashi-
Arnett relating to the lease of parking spaces in downtown
parking district lot #3, which Agreement is attached hereto,
marked Exhibit "A", and incorporated herein by reference as fully
as though set forth at length.
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
, 1987, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
City Clerk
9/25/87
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1 The foregoing resolution is hereby approved this day
2 of , 1987.
3
4 Mayor of the City of San Bernardino
5 Approved as to form
an legal content:
6 I'
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7 Attorney
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9/25/87 2
C G ~ ~
1 PARKING AGREEMENT
2 (Downtown Parking District Lot .3)
3 THIS PARKING AGREEMENT (referred to as "Agreement") is
4 entered into between the CITY OF SAN BERNARDINO, a municipal
5 corporation, referred to as "City", and YOHKO KOBAYASHI-ARNETT,
6 an individual (referred to as "Lessee").
7 City and Lessee agree as follows:
8 1. Recitals.
9 A. Lessee is the owner of commercial real property in the
10 City of San Bernardino, located at 444 North Arrowhead Avenue,
11 commonly known as the Beckwith Building.
12 B. Lessee has requested the designation of ten (10) spaces
13 in Parking District Lot .3 for use by employees, tenants and
14 invitees of the owners of the Beckwith Building.
15 C. The Parking Place Commission has determined that the
16 designation of such spaces for use by Lessee is in conformance
17 with its pre-established policy for leasing of parking spaces
18 within the Downtown Parking Place District.
19 2. Incorporation of parkina Commission Po1icv.
20 A. At its regular meeting of December 4, 1986, the Central
21 City Parking Place Commission adopted POlicy Guidelines for the
22 leasing of parking space in Parking District Lots 1, 2, 3 and 4.
23 That policy is as follows:
24 "GENERAL:
25 1. Parking spaces of District Lots 1, 2, 3 & 4
26 can only be leased to businesses located
27 within the District, providing that
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of all special assessment and
business license fees for such business is kept
current.
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
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.
That policy is hereby incorporated herein as a term and
condition of this lease.
3. Allocation of Soaces.
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City agrees to assign and allocate ten (10) spaces located
in Parking Lot 13 for use by officers, employees, tenants and
invitees of the Beckwith Building. The designated spaces are
illustrated on Exhibit "I" attached hereto and incorporated
herein by reference.
4. Consideration.
Lessee shall pay to City the sum of $21.40 per month per
space, payable semi-annually, in advance. This sum shall be
adjusted annually based on changes in the Los Angeles/Long Beach
10 consumer price index, provided said adjustment shall be limited
11 to a maximum of ten percent (10%) annually. Upon acceptance of
12 this Agreement, Lessee shall deposit with City the amount of
13 $2,140 which will be held by City as a performance bond. City
14 agrees to apply the performance bond funds toward the first semi-
15 annual payment, less cost of $350 for signing.
16 5. ~.
17 The term of this agreement shall be 236 months commencing
18 upon the effective date of this Agreement as set forth in
19 Paragraph 5, and terminating June 30, 2007, unless earlier
20 terminated by either party as provided herein.
21 6. Termination
22 This lease may be terminated without cause upon thirty (30)
23 calendar days' written notice from either party, mailed to the
24 address indicated for the receipt of notices.
25 7. Effective Date of Aareement.
26 This Agreement shall become effective upon date of
27 execution hereof.
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8. Maintenance and Securitv.
City shall provide maintenance and general security at the
same times 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 unlawfully parked
vehicles or for the security of automobiles parked in leased
spaces.
9. Terms Sub;ect 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 #3. 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, this Agreement shall terminate as of such date as
City's entitlement to use and control of the lot expires .
10. 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
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1 persons directly or indirectly employed by or acting as agent for
2 Lessee. Lessee agrees to and shall defend City and its elective
3 and appointive boards, commissions, officers, agents and
4 employees from any suits or actions at law or in equity for
5 damages caused, or alleged to have been caused, by reason of any
6 of the operations hereunder.
7 11. Liabi1itv Insurance.
8 Lessee agrees to procure and maintain in force during the
9 term of this Agreement and any extension thereof, at its expense,
10 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 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.
12. Assiqnment.
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
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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 the Beckwith Building.
13. 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 of such provision or provisions, nor shall such
waiver be construed as a release of any surety from its
obligations under this Agreement.
14. Notices.
All notices herein required shall be in writing and
delivered in person or sent by certified mail, postage prepaid,
addressed as follows:
~
Lessee
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
15. Validity
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, each and all remaining terms, conditions,
promises and covenants of this Agreement shall not be affected
and shall be valid and enforceable to the fullest extent
permitted by law.
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16. Entire Aareement
There are no understandings or agreements except as herein
expressly stated. Any modifications must be in writing.
CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
city Attorney
YOHKO KOBAYASHI-ARNETT
By
Approved as to form
and legal content:
9-
Attorney
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