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crt:( OF SAN BERNARDQo - REQUUT FOR COUNCIL AC--lON
From: FRED WILSON
Assistant to the City Administrator
Dept: Admi ni strati on
Date: November 20, 1987
Subject: Authorization to Execute Parking
Agreement with Levin and Raynes - -
Downtown Parking District Lot #3
Synopsis of Previous Council action:
None
Recommended motion:
Adopt Resolution
cc: Wayne Overstreet, Supt., Public Buildings
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, Signature .
Contact panon:
FRED WILSON
Phona:
5122
Supporting data attachad:
Yes
Ward:
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FUNDING REQUIREMENTS:
Amount:
Sourca: (ACCT. NO.)
(ACCT. DESCRIPTION)
Flnanca:
Council Notas:
Aoenda Item Nn :J."I
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'C~ OF SAN BERNARoUO - REQUOT FOR COUNCIL AC~ON
STAFF REPORT
A request to lease three (3) parking spaces in the Downtown
Parking District Lot #3 for the use of the tenant at 454
North Arrowhead Avenue (Law offices of Levin and Raynes -
owner) was approved by the Parking Place commission at their
October 22, 1987 meeting.
The Parking Place Commission previously adopted a Policy
Guideline which authorized 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 in order to accommodate the parking needs of building
tenants within the downtown area. The Commission has deter-
mined that approval of the request would be consistent with
this policy and recommend approval by the Mayor and Common
Council for the following consideration and conditions.
Under the terms of the Agreement, the Lessee will 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 AngeleslLong
Beach consumer price index limited to a maximum of 10%
annually, upon acceptance of this Agreement. The Lessee will
deposit with the City $385.20 which would be held as a
performance bond which would be applied against the first
semi-annual payment less $105 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.
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11-20-87
75-0264
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH LEVIN AND RAYNES RELATING TO
3 THE LEASE OF PARKING SPACES IN DOWNTOWN PARKING DISTRICT LOT #3.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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6 SECTION l. The Mayor is hereby authorized and directed to
7 execute on behalf of said City an Agreement with Levin and Raynes
8 relating to the lease of parking spaces in downtown parking
9 district lot #3, which Agreement is attached hereto, marked
10 Exhibit "A", and incorporated herein by reference as fully as
11 though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a
meeting thereof, held on
15 the day of
16 following vote, to wit:
17 AYES:
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19 NAYS:
20 ABSENT:
, 1987, by the
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The foregoing resolution is hereby approved this
, 1987.
Mayor of the City of San Bernardino
6 pproved as to form
and legal content:
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PARKING AGREEMENT
(Downtown Purking District Lot #3)
THIS PARKING AGREEMENT (referred to as "Agreement") is
entered into between the CITY OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and LEVIN AND RAYNES, a
corporation (referred to as "Lessee").
City and Lessee agree as follows:
l. Recitals.
A. Lessee is the owner of commercial real property in the
City of San Bernardino, located at 454 North Arrowhead Avenue.
B. Lessee has requested the designation of three (3)
spaces in Parking District Lot #3 for use by employees, tenants
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'\1 with its pre-established policy for leasing of parking spaces
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and invitees of the owners at 454 North Arrowhead Avenue.
C.
The Parking Place Commission has determined that the
designation of such spaces for use by Lessee is in conformance
within the Downtown Parking Place District.
2.
Incorporation of Parking Commission Policy.
A.
At its regular meeting of December 4, 1986, the Central
City Parking Place Commission adopted Policy Guidelines for the
leasing of parking space in Parking District Lots l, 2, 3 and 4.
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Ii That policy is as follows:
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"GENERAL:
1.
Parking spaces of District Lots l, 2, 3 & 4
can only be leased to businesses located
within the District, providing that of all
special assessment and business fees for
such business is kept current.
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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
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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
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distance from the District lot.
No. 3 - All business establishments located
in the District.
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f condition of this lease.
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That policy is hereby incorporated herein as a term and
3.
Allocation of Spaces.
City agrees to assign and allocate three (3) spaces
located in Parking Lot #3 for use by officers, employees,
tenants and invitees at 454 North Arrowhead Avenue.
The
designated spaces are illustrated on Exibit "I" attached hereto
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and incorporated herein by reference.
4. Consideration.
Lessee shall pay to City the sum of $2l.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
consumer price index, provided said adjustment shall be limited
to a maximum of ten percent (lO%) annually. Upon acceptance of
this Agreement, Lessee shall deposit with City the amount of
$385.20 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 $l05 for signing.
5. Term.
The term of this Agreement shall commence upon the effeotive
date of this Agreement as set forth in Paragraph 7, and terminate
on June 30, 200B, unless earlier terminated by either party as
II provided
6.
herein.
Termination.
This lease may be terminated without cause upon thirty (30)
calendar days' advanced written notice from either party, mailed
to the address indicated for the receipt of notices.
7. Effective Date of Agreement.
This Agreement shall become effective upon date of
execution hereof.
8. Maintenance and Security.
City shall provide maintenance and general security at the
1\ same
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times and in the same manner as with all other parking areas
by City and in the same general geographic area. City
keep the common areas striped, lighted, and clear and free
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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. Possessory Interest.
The City and the Lessee hereby agree and understand that
this Agreement may create a possessory interest subject to
property taxation and that if such possessory interest is created,1
the Lessee shall pay the property taxes, if any, levied on such
possessory interest. The Lessee shall promptly provide to the
City upon such payment a written certification, signed by an
authorized agent of the Lessee, that all such taxes due, if any,
have been paid by the Lessee.
lO. Terms Subject to Lease Agreement.
I This Agreement is subject to the terms and conditions of
iany provisions contained in any indenture related to bonds issued
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Ifor the purchase or expansion of Parking District Lot #3. The
!parties recognize that City's right to occupy the subject
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: premises, or to commit the premises to the uses specified in this
;,Agreement, may expire before this Agreement expires by its terms.
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IIIn such event, this Agreement shall terminate as of such date as
!iCity'S entitlement to use and control of the lot expires.
Ii ll. Hold Harmless.
I Lessee agrees to, and shall, hold City, its elective and
IlapPointive boards, commissions, officers, agents and employees
~armless from any liability for damage or claims for damage for
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ersonal injury, including death, as well as from claims for
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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.
l2. Liability 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 $l,OOO,OOO for injuries in anyone accidents,
and $lOO,OOO for property damage. Such insurance policies shall
provide coverage for City's contingent liability on such claims
19 II or losses. City shall be named as an additional insured. A
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20 certificate of insurance shall be delivered to City's Risk
21 Management Division. Lessee agrees to obtain a written
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30 days prior to cancellation or refusal to renew any such
policies.
l3. Assignment.
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This Agreement shall constitute a revocable license and
does not constitute an easement or covenant running with the
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Lessee shall not assign any parking spaces which are the
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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 the building at 454 North Arrowhead Avenue.
l4. 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.
I l5. Notices.
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I All notices herein required shall be in writing and
delivered in person or
,[ addressed follows:
I, as
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City
sent by certified mail, postage prepaid,
Lessee
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:; City of San Bernardino
II 300 North D Street
: San Bernardino, CA 92418
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Levin and Raynes
454 North Arrowhead Avenue
San Bernardino, CA 92401
16.
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
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and shall be valid and enforceable to the fullest extent
permitted by law.
l7. Entire Aqreement.
There are no understandings or agreements except herein
expressly state. Any modifications must be in writing.
CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
City Attorney
LEVIN AND RAYNES
By
Approved as to form
and legal content:
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<;i'liY Attorney
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