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HomeMy WebLinkAbout46-City Administrator CITY OF' SAN BER~ ARDINO - REQUEST ...OR COUNCIL ACTION From: Marshall W. Julian City Administrator City Administrator Subject: Request for reconsideration of the Agreement with 235 Investments, Inc for 360 spaces in the 5-Level Parking Structure (Ward 1). Dept: Date: September 11, 1989 Synopsis of Previous Council action: Agreement terminated. Recommended motion: That the action of the Mayor and Council terminating the Agreement to allocating 360 parking spaces in the 5-Level Parking Structure for use by 235 Investments, Inc. be confirmed. -or- That the request for reconsideration of the termination of the Agreement allocating 360 parking spaces in the 5-Level Structure for use by 235 Investments, Inc. be continued and that the matter be referred to the for possible amendments to the eement, pursuant to the discussion at this meeting. Contact person: Marshall W. Julian Phone: 5122 Supporting data attached: Staff Report Ward: 1 FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. Jf6< CITY OF SAN BEIt.4ARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT The original Agreement with 235 Investments, Inc. was terminated by the Mayor and Common Council at the meeting of August 21, 1989, as follows: "That the City Administrator be directed to terminate the agreement with 235 Investments, Inc. pursuant to the terms of the agreement." Mr. Lew, spokesman for 235 Investments, Inc., was present at the meeting of August 21st, but did not offer any suggestions for mitigating the situation. He states that he is now prepared to discuss all issues and is requesting the Mayor and Council to reconsider the termination. Mr. Lew has subsequently explained that sections 14 and 15, wherein he was required to submit "plans" of the two pedestrian walkways, were included at his request for the convenience of the tenants of the Thrifty Building. These access-ways are necessary to make the building more functional. The plans which were submitted were not adequate: however, Mr. Lew apparently will be able to present appropriate plans if the termination is rescinded. FILED:235 75-0264 C I T Y 0 F San Bernardino PUBLIC WORKS DEPARTMENT R 0 G ERG H A R 0 G R A V E DIRECTOR OF PUBLIC WORKS/CITY ENGINEER August 11, 1989 File No. 6.50 Mr. Donald Lew 235 Investments, inc. 235 Montgomery Street, Suite 972 San Francisco, CA 94104 RE: Parking Agreement Five-Level Parking Structure Dear Mr. Lew: A Parking Agreement was entered into on 5-10-89, between 235 Invest- ments, Inc., the Redevelopment Agency and City of San Bernardino. This Agreement stipulates the terms and conditions under which 360 parking spaces in the five-level parking structure are leased for the Thrifty Building. Quarterly payments, in the amount of $18,263.00, are to be paid to the City in advance. Payment of this amount has been received as the first quarter payment, and to serve as the required performance bond. The second quarter under the terms of this Agreement commenced on 8-10-89. Payment for this quarter has not been received as of this date. Section 14 provides that the owner will submit plans, within 90 days, for the construction of a pedestrian bridge and walkway. This facility is to span the area between the westerly side of the second level of the parking structure and the easterly side of the Thrifty Building. No plans were submitted for this pedestrian bridge and walkway. Section 15 provided that the owner will submit plans, within 90 days, for cons truc tion of a covered pedes trian ramp. This ramp is to span the area from the fifth level of the parking structure to the second floor of the Thrifty Building. The plan submi t ted does not show a connection to the second floor. The plans also indicate an at-grade crosswalk on the service alley, with steps down to the first level of the parking structure. This was never contemplated in the Agreement. 300 NORTH D STREET SAN BERNARDINO C A ,~ I FOR N I A 9 2 4 1 8 0 0 0' 7 1 4 I 3 8 4 . 5 1 1 1 Mr. Donald Lew Parking Agreement August 10, 1989 File No. 6.50 Page -2- Failure to submit the second quarter payment in advance, and plans, as stipulated in Section 14 and 15 of the Agreement, within the time-limit specified, constitutes grounds for a breach of this Agreement. The City Administrator will be presenting a report on the discrepancies to the Mayor and Council, at their meeting of 8-21-89. The report will permit compliance, or finding that there is a default in complying with the terms and provisions of the Agreement, and that cancellation is, therefore, in order. You would be well advised to be present at this Council meeting. Please contact me at (714) 384-5025 if you have any questions. Very truly yours, ROGER G. HARDGRAVE Director of Public Works/City Engineer RGH/ckc cc: /,Marshall Julian /' Steve Dukett Jim Penman Wayne Overstreet