HomeMy WebLinkAbout12- Administration CITY OF SAN BERNAR'" 1NO - REQUEST FOR ATOUNCIL ACTION
From: Peggy Ducey Subject: Parking Agreement with
Lier Music
Dept: Administration
Date: September 24 , 1993
Synopsis of Previous Council action:
July 6 , 1993 - Mayor and Common Council directed staff to resolve
public parking problems with Lier Music Company.
September 8 , 1993 - Central City Parking Place Commission recommended
approval of parking agreement with Lier Music Company.
Recommended motion:
Adopt resolution.
ature
Contact person:Pegcly Ducey Phone: 5i 9�
Supporting data attached: yes Ward: 1
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No. /C9,
CITY OF SAN BERNARIFINO - REQUEST FORC;OUNCIL ACTION
STAFF REPORT
In July, Lier Music owner Jim Robbins addressed the Mayor and
Common Council regarding public parking in Parking District Lot #1.
Specifically, employees and clients of the Department of Social
Services and other surrounding businesses were heavily impacting
the District public parking spaces and often spilling into the
private parking spaces owned by Lier Music. Mr. Robbins stated
that the lack of parking was resulting in a significant loss of
business income. Council directed staff to work with Mr. Robbins
to resolve the parking issues.
In discussions with City and EDA staff, Mr. Robbins requested that
the City provide spaces closer to his business frontage. Staff
suggested that the City exchange ten of the public parking spaces
in Lot #1 for twelve of the spaces owned by Lier Music (see map) .
The net gain in public parking would be two extra spaces. The ten
spaces for Lier's would be posted with signs indicating 1-hour
parking for Lier Music only. The City would monitor the time-
limited use and cite when necessary, however would not monitor
whether those parking in the spaces are actually Lier customers.
The City will not be responsible for the towing of vehicles or for
security of automobiles parked in these spaces.
The agreement is for a five year period, but either party can
terminate the contract with 30-days written notice. Lier Music
will be responsible for bringing the twelve private parking spaces
up to the standards of the Parking District lots. Striping and
signing of the reserved one-hour parking spaces will be paid for by
Lier Music. The agreement includes provisions for liability
insurance to protect the City against liability for damage claims,
as well as a "hold harmless" provision. Mr. Robbins has agreed to
the provisions of this agreement.
RECOMMENDATION
Adopt resolution.
75-0264
' I , - GOJNT'f OF d l5 WgUL
� I � 1 — yCGIN. �JFii¢�IGFi(1 nyp�f
yAN 6f.�rlAleblNO _
pApKIN(A 171"Wf
II
CURRENT
PARKING CONFIGURATION it i ; ; , jl I ; li , iilii Iil ' ! 1111 ! 1.
UIIH! iill ' I ' ! I I � lil ' I ; ' IIiI ,
I i
IIIIIiiI n
Illlll � ili � I
I
0� 00 GOMrAN•( C6f r61�I IN
�t�Gll.l'f
d
I
LLL '
LOJNTY OF d•b. MOW,
I
77, y „" PROPOSED
PARKING CONFIGURATI,
I V I I I I � i/A Itl :WA :-'•1�6\JP?
i i � IIIIII � V-�I �II }� I Sr?aL25 I I
�XlhfiNlA 10,�fZKIN(A 171 10f WW I ' ! ..a •Na tsv e.
I' IY�TI l li ''
t , ; I ! , � lil Illi I . Illil lililf hil
Lie,- ►AoLL I I
— �• I IIl III III il � il II
I II II
. III III
I "T
"Y Cf
C
1 RESOLUTION
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH LIER MUSIC REGARDING TEN (10)
3 PARKING SPACES IN CENTRAL CITY PARKING DISTRICT LOT #1.
4 WHEREAS, Lier Music has experienced a problem with the use of their private parking
5
spaces by non-customers; and
6
7 WHEREAS, the Mayor and Common Council directed staff to attempt to resolve this
8 concern,
9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
10 SAN BERNARDINO AS FOLLOWS:
11 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said
12
13 City a Parking Agreement with Lier Music, a copy of which is attached hereto and incorporated
14 herein, marked Exhibit "A".
15 SECTION 2. The above-referenced Agreement may only be amended by action of the
16 Mayor and Common Council.
17 SECTION 3. The authorization to execute the above-referenced Agreement is rescinded
18 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
19
resolution.
20
21
22
?3
24
25
26
27
28
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH LIER MUSIC REGARDING TEN (10)
2 PARKING SPACES IN CENTRAL CITY PARKING DISTRICT LOT #1.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held on the
6 day of , 1993, by the following vote, to wit:
7 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
8 NEGRETE
9
CURLIN
10
11 HERNANDEZ
12 OBERHELMAN
13 DEVLIN
14 POPE-LUDLAM
15 MILLER
16
17
18 City Clerk
19 The foregoing resolution is hereby approved this day
of , 1993.
20
21 TOM MINOR, Mayor
22 City of San Bernardino
Approved as to form
23 and legal content:
24 JAMES F. PENMAN
25 City Attorney
26 By. 2
27
28
C Exhibit A
j PARKING AGREEMENT
2 (Downtown Parking District Lot #1 )
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 Lier Music Company
6 (referred to as "Lessee" ) .
7 City and Lessee agree as follows:
8 1 . Recitals.
9 A. Lessee is located at 452 North "E" Street.
10 B. Lessee has requested the use of ten ( 10) spaces in
11 Parking District Lot #1 for use by employees, tenants and invitees
12 of the owners of said building, in exchange for the use of twelve
13 ( 12 ) privately-owned spaces located behind Lier Music for public
14 parking use.
15 2. Consideration.
16 Lessee shall have a license for the use of ten ( 10) spaces
17 in District Lot #1 for use by employees, tenants, and invitees.
18 In exchange, City shall have a license for the use of twelve
19 parking spaces currently owned by Lier Music Company which will
20 then be open for public parking use (see Attachment 1 ) . Lessee
21 shall bring the twelve spaces and attendant areas up or cause that
22 they be brought up to the standards of the adjacent Parking
23 District Lot #1 which may include paving, striping and other
24 physical improvements all at no cost to City. At the termination
25 of this Agreement such improvements shall become the property of
26 Lessee.
27 The term of this Agreement shall be 60 months commencing
28 upon the effective date of this Agreement as set forth in
DAB/J9 [LMusic.Agr] 1 September 23. 1993
1 Paragraph 5, and termination on October 15, 1998, unless earlier
2 terminated by either party as provided herein.
3 4. Termination.
4 This lease may be terminated without cause upon thirty
5 (30) calendar days ' written notice from either party, mailed to
6 the address indicated for the receipt of notices.
7 5. Effective Date of Agreement.
8 This Agreement shall become effective October 15, 1993.
9 6. Maintenance and Security.
10 City shall provide maintenance and general security at
11 the same time and in the same manner as with all other parking
12 areas owned by City and in the same general geographic area. City
13 shall keep the common areas lighted, and clear and free of rubbish
14 and obstructions of any nature. Lessee shall be responsible for
15 security of the ten ( 10) spaces leased. City shall not be
16 responsible for removal of unlawful parked vehicles or for the
17 security of automobiles parked in leased spaces.
18 7. Terms Subject to Lease Agreement.
19 This Agreement is subject to the terms and conditions
20 of any provisions contained in any indenture related to bonds
21 issued for the purchase or expansion of Parking District Lot #1.
22 The parties recognize that City' s right to occupy the ten ( 10)
23 spaces, or to commit the premises to the uses specified in this
24 Agreement, may expire before this Agreement expires by its terms.
25 In such event, this Agreement shall terminate as of such date as
26 City' s entitlement to use and control of the lot expires.
27 8. Hold Harmless.
28 Lessee agrees to, and shall, hold City, its elective
DAB/j [LMusic.Agr] 2 September 23, 1993
f 1 '\
1 and appointive boards, commissions, officers, agents and employees
2 harmless from any liability for damage or claims for damage for
3 personal injury, including death, as well as from claims for
4 property damage which may arise from Lessee ' s operations under
5 this Agreement, whether such operations be by Lessee, its
6 officers, employees, tenants or invitees, or by any one or more
7 persons directly to indirectly employed by or acting as agent for
8 Lessee. Lessee agrees to and shall defend City and its elective
9 and appointive boards, commissions, officers, agents and employees
10 from any suits or actions at law or in equity for damages caused,
11 or alleged to have been caused, by reason of any of the operations
12 hereunder.
13 9• Liability Insurance.
14 Lessee agrees to procure and maintain in force during
15 the term of this Agreement and any extension thereof, at its
16 expense, public liability insurance adequate to protect against
17 liability for damage claims through public use of or arising out
18 of accidents occurring in or around said parking spaces, in a
19 minimum amount of $1,000, 000 for injuries in any one accident, and
20 $100, 000 for property damage. Such insurance policies shall
21 provide coverage for City' s contingent liability on such claims or
22 losses. City shall be named as an additional insured. A
23 certificate of insurance shall be delivered to City' s Risk
24 Management Division. Lessee agrees to obtain a written obligation
25 from the insurers to notify City in writing at least 30 days prior
26 to cancellation or refusal to renew any such policies.
27 10. Assignment.
28 This Agreement shall constitute a revocable license and
DAB/j [LMusic.Agr] 3 September 23, 1993
1 does not constitute an easement or covenant running with the land.
2 Lessee shall not assign any parking spaces which are the subject
3 of this Agreement without the prior written consent of the City.
4 The parties contemplate that the parking spaces will be devoted to
5 occupants of Lessee' s building and customers, business invitees
6 and employees thereof. Any other use shall be grounds for
7 termination of this Lease. This Agreement automatically
8 terminates upon any sale or any transfer of more than 50%
9 ownership in said building.
10 11 . Possessory Interest.
11 Parties understand that this Agreement herein may
12 create a possessory interest subject to property tax. If a
13 Possessory interest is imposed by the County of San Bernardino, on
14 Lessee 's rights in the ten ( 10) days, Lessee agrees to pay such
15 tax. Anything in this paragraph not withstanding Lessee shall
16 have full rights to challenge the legality or amount of any such
17 tax.
18 12. Amendment.
19 This Agreement may be amended or modified only by
20 written agreement signed by both parties. Failure on the part of
21 either party to enforce any provision of this Agreement shall not
22 be construed as a continuous waiver of the right to compel
23 enforcement of such provision or provisions, nor shall such waiver
24 be construed as a release of any surety from its obligations under
25 this Agreement.
13. Notices.
26
27 All notices herein required shall be in writing and
28 delivered in person or sent by certified mail, postage prepaid,
DAB/j [LMusic.Agr] 4 September 23, 1993
1 addressed as follows:
2 City Lessee
3 City Administrator Jim Robbins
City of San Bernardino Lier Music Company
4 300 North "D" Street 452 North "E" Street
San Bernardino, CA 92418 San Bernardino, CA 92418
5
14. Validity.
6
If any terms, condition, provision, or covenant of this
7
Agreement shall to any extent be judged invalid, unenforceable,
8
void, or voidable for any reason whatsoever by a court of
9
competent jurisdiction, each and all remaining terms, conditions,
10 promises and covenants of this Agreement shall not be affected and
11
shall be valid and enforceable to the fullest extent permitted by
12
law.
13 15. Entire Agreement.
14 There are no understandings or agreements except as
15 herein expressly stated. Any modifications must be in writing.
16
17 ATTEST: CITY OF SAN BERNARDINO
18
By:
19 City Clerk TOM MINOR, Mayor
20 LIER MUSIC COMPANY
21
By:
22 JIM ROBBINS
23
24 Approved as to form
and legal content:
25 JAMES F. PENMAN,
26 City Attorney
27 /:-4�
28
DAB/j [LMusic.Agr] 5 September 23, 1993
Q "ttachment 1
A f 1 i
yAN I�jF.i�tJAleI�INO 111 11M yoG►N. yP.I�J1Gfib tom(
a� a?fro I I I
-- --� HIM
Hill
fic!y-r:Nlt r�RIVE��/AY
III Publ,
M 11 Hill P[�rk,ruc
Mill IIIIIII
III i r
1 I Hill l�iXIINU t�lb��PY
Ill 11MIA F I Hill 1 1811
III I I LA I I I 11 1 1 111 1 11111 1 111 1 1
11 HIM
` L,er tw<ic.
� I
i
0� (APO GOMt%NY OF �6 IN, �'r
Attacbmnt I
yAN 61r4dAKv0 � �IAfi1N• btK�IGfib {�►�{
I I I I+H]
Iv-
b� rlp DRIY6m1I�
Public Wf.
�hsk�n
�itlh'�fNGI �°b►(�KIJN61 0!y"fl�l(/(
1
Leer tMnu.
01� GAS GOMrAN`( Of JMlGI
i
l
REVISED _ AGENDA ITEM 12