HomeMy WebLinkAbout08- Development Department CITY -OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Subject: Amendment to Parking Agreement
Peggy Ducey
De Administration
Date: June 11, 1993
Synopsis of Previous Council action:
November, 1978- Redevelopment Agency and City approved parking agreement between
Vanir Research Company and Dennis and Denyse Miller.
April 5, 1993 - Redevelopment Agency and City approved first amendment to parking
agreement.
Recommended motion-
City motion: Adopt resolution.
Agency motion: Adopt resolution.
Signature
Contact person: Peggy Ducey
Phone: 5122
Supporting data attached: yes
Ward: 1
FUNDING REQUIREMENTS: Amount:
Source: Acct. No.
Acct. Description)
Finance:
r-uncil Notes:
Agenda Item No.
75-0262
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
On April 5, 1993, the Common Council and the Economic Development
Commission approved an amendment to a parking agreement in
relation to the old Penney's building at 494 North "E" Street, now
occupied by the Department of Social Services (DPSS) . The approved
amendment was one of a number of actions taken by the City to
address parking and security concerns that DPSS had and to
encourage them to continue services in the downtown area, rather
than moving to a new location. DPSS agreed to sign a seven (7)
year lease, with a renewal option if the City approves the attached
amendment.
After Council approved the amendment, attorneys for the building
owners had some questions regarding the contract language. Both
the City and the property owners agreed on the intent of the
amendment, but felt the wording might cause confusion in the future
if those involved now were no longer around.
This amendment changes the original parking agreement (Resolution
135-15) to ensure that a minimum of 199 of the 280 spaces in public
Parking Lot #1 will remain open public parking. The first
agreement guaranteed 122 of the 280 spaces would remain public
parking. In the past, the City has leased public parking spaces to
property owners and currently, eighty-one (81) of the 280 available
spaces in Lot #1 have been leased to Allan Steward, Inc. for the
old gas company building.
The original agreement also contains a clause regarding long-term
parking availability. It ensures that public parking in Parking
Lot #1 is guaranteed for the first twenty-five years of this
agreement and if during the second twenty-five years, public
parking is discontinued for any reason, the Economic Development
Agency would find comparable public parking within 400' of the DPSS
building. The amendment allows the City some latitude with Parking
Lot #1 in terms of developing long-term parking solutions, extends
the guaranteed parking for DPSS from 25 to 31 years to coincide
with the DPSS lease extension.
This amendment is contingent upon DPSS renewing is current lease of
494 North "E" Street, and will only be in affect while DPSS
continues to occupy the property.
RECOMMENDATION
Approve City and Agency Resolution.
75-0264
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH ALLAN D. SMITH,
3 BANKRUPTCY TRUSTEE SUCCESSOR TO H. FRANK DOMINGUEZ, DBA VANIR
RESEARCH COMPANY AND DAVID D. MILLER & DENYSE M. MILLER, AND
4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF
SAN BERNARDINO RELATING TO PUBLIC PARKING SPACES.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby
8 authorized and directed to execute on behalf of said City a First
9 Amendment to Agreement with Allan D. Smith, bankruptcy trustee,
10 successor to H. Frank Dominguez, dba Vanir Research Company and
11 David D. Miller & Denyse M. Miller, and Redevelopment Agency of the
12 City of San Bernardino and the City of San Bernardino relating to
13 Public parking spaces, a copy of which is attached hereto, marked
14 Exhibit "I" and incorporated herein by reference as fully as though
15 set forth at length.
16 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
17 the Mayor and Common Council of the City of San Bernardino at a _
18 meeting thereof, held on the day of 1993 ,
19 by the following vote, to wit:
20
21
22
23
24
25
26
27
28 / / / /
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A FIRST AMENDMENT TO AGREEMENT WITH ALLAN D. SMITH,
2 BANKRUPTCY TRUSTEE SUCCESSOR TO H. FRANK DOMINGUEZ, DBA VANIR
RESEARCH COMPANY AND DAVID D. MILLER & DENYSE M. MILLER, AND
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF
SAN BERNARDINO RELATING TO PUBLIC PARKING SPACES.
4
5 Councilmembers AYES NAYS ABSTAIN ABSENT
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
i0 OFFICE VACANT
11 POPE-LUDLAM
12 MILLER
13
14
Rachel Clark, City Clerk
15
16 The foregoing resolution is hereby approved this day of
17 1993 .
is
Tom Minor, Mayor
19 City of San Bernardino
20 Approved as to form
21 and legal content:
22 JAMES F. PENMAN
City Attorney
23 By:
24
25
26
27
P"
28
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH ALLAN D. SMITH,
3 BANKRUPTCY TRUSTEE SUCCESSOR TO H. FRANK DOMINGUEZ , DBA VANIR
RESEARCH COMPANY AND DAVID D. MILLER & DENYSE M. MILLER, AND
4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF
SAN BERNARDINO RELATING TO PUBLIC PARKING SPACES.
5 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Agency Administrator of the Economic
8 Development Agency of the City of San Bernardino is hereby
9 authorized and directed to execute on behalf of said City a First
10 Amendment to Agreement with Allan D. Smith, bankruptcy trustee,
11 successor to H. Frank Dominguez, dba Vanir Research Company and
12 David D. Miller & Denyse M. Miller, and Redevelopment Agency of the
13 City of San Bernardino and the City of San Bernardino relating to
14 Public parking spaces, a copy of which is attached hereto, marked
15 Exhibit "I" and incorporated herein by reference as fully as though
16 set forth at length.
17 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
18 the Mayor and Common Council of the City of San Bernardino at a _
19 meeting thereof, held on the day of 1993 ,
20 by the following vote, to wit:
21 / /
22 / / / /
23 / / / /
24 / / / /
25 / / / /
26
27
28 / / / /
I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHOxIZING THE EXECUTION
OF A FIRST AMENDMENT TO AGREEMENT WITH ALLAN D. SMITH,
2 BANKRUPTCY TRUSTEE SUCCESSOR TO H. FRANK DOMINGUEZ, DBA VANIR
RESEARCH COMPANY AND DAVID D. MILLER & DENYSE M. MILLER, AND
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF
SAN BERNARDINO RELATING TO PUBLIC PARKING SPACES.
4
5 I HEREBY CERTIFY that the foregoing resolution was duly
6 adopted by the Community Development Commission of the City of San
7 Bernardino at a meeting thereof, held on the _
8 day of 1993 , by the following vote, to wit:
9
10 Commission Members AYES NAYS ABSTAIN ABSENT
11 NEGRETE
12 CURLIN
13 HERNANDEZ
14 OBERHELMAN
15 OFFICE VACANT
16 POPE-LUDLAM
17 MILLER
is
Secretary
19
20 The foregoing resolution is hereby approved this day of
21 , 1993 .
22 Tom Minor, Chairman
Community Development
23 Commission of the City of
San Bernardino
24 Approved as to form
25 and legal content:
26 DENNIS BARLOW
Agency Counsel
27 By:
r 28
Y
1 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
2 Bruce D. Varner, Esq.
3 GRESHAM, VARNER, SAVAGE
NOLAN & TILDEN
4 600 North Arrowhead Avenue
Suite 300
5 San Bernardino, CA 92401
6
7 FIRST AMENDMENT TO PARKING AGREEMENT
8
9 THIS FIRST AMENDMENT TO PARKING AGREEMENT ("Amendment") is
10 entered into this day of ,
1993 ("Effective Date") , by
11 and between the REDEVELOPMENT AGENCY of the City of San Bernardino,
12 a body corporate and politic, organized and duly existing pursuant
13 to the Community Redevelopment Law of the State of California
14 ("Agency") , and the CITY OF SAN BERNARDINO, a municipal
15 corporation, ("City") and ALAN D. SMITH, post-confirmation trustee
16 of the bankruptcy estate of H. Frank Dominguez, and DAVID D. MILLER
17 AND DENYSE M. MILLER, husband and wife, (collectively,
is ("Developer") .
19
20 RECITALS
21
22 WHEREAS , the Agency, the City, H. Frank Dominguez , d.b.a.
23 Vanir Research Company, and David D. Miller and Denyse M. Miller,
21 husband and wife, entered into that certain Parking Agreement dated
25 November 8 , 1978 and recorded December 6, 1978 in the Official
26 Records of the San Bernardino County Recorder as Book 9574 , Page
27 204 ("Parking Agreement") . The Parking Agreement relates to
0 28 / / / /
1 parking for certain real improved property located at 494 North "E"
2 Street ("County Building") now owned by Developer and leased to
3 the County of San Bernardino ("County") ; and
4 WHEREAS, the parties desire to amend the Parking Agreement in
5 order to ensure adequate parking for the County and the general
6 public,
7
8 NOW, THEREFORE, the parties agree as follows:
9 1. Section 1 of the Parking Agreement is hereby deleted in
10 its entirety and replaced with the following language:
11
12 Section 1. Subject to Section 9 below, the City and Agency
13 shall provide Developer with at least 199 public parking
14 spaces (without parking time limitations) within the area
15 bounded by E, 5th, F and 4th Streets as shown on attached
16 exhibit "A" ("block") , for use by the County and the general
17 public, throughout the term of this Agreement. In the event
1s Developer exercises either of the options provided for in
19 Section 2 below, such parking spaces shall be provided within
20 the block, but not necessarily as shown on exhibit "A" .
21
22 2 . Original Section 8 of the Parking Agreement is hereby
23 deleted in its entirety.
24
25 3 . Original Section 9 of the Parking Agreement is hereby
26 deleted in its entirety and replaced with the following
27 language:
28
-2-
1 Section 9 .
2 (a) At any time after, and only after, the first thirty
3 one (31) years of the term of this Agreement, the City and the
4 Agency may determine, for whatever reason, that the public
5 parking should be discontinued in a portion or portions of the
6 block. In this event, the City and Agency shall provide
7 Developer with 199 comparable public parking spaces (without
8 parking time limitations) , for use by the County and the
9 general public, within the block or at a location within a 400
10 foot radius of the block, or a combination thereof, throughout
11 the remaining term of this Agreement.
12
13 (b) Notwithstanding Subsection 9 (a) above, the City or
14 the Agency may, at any time, construct a public parking
15 structure on any portion of the block, provided however, that
16 prior to the commencement of such construction, the City and
17 Agency shall provide Developer, for the use of the County and
13 the general public, the same number of public parking spaces
19 (without parking time limitations) within the block or within
20 a 400 foot radius of the block or a combination thereof, as
21 will be obstructed, eliminated, restricted or otherwise
22 rendered inaccessible to the County and the general public by
23 such construction. Such alternative parking shall be
24 maintained by the City and Agency until the earlier of (i) the
25 term of this Agreement or (ii) such time as each such
26 alternative parking space is replaced within the parking
27 structure so constructed and the County and the general public
28
-3-
0
1 have unrestricted access to the same.
2
3 4 . Original Section 10 of the Parking Agreement is hereby
4 deleted in its entirety and replaced with the following
5 language:
6
7 Section 10. The term of this Agreement shall be 50 years
8 from the date of this Agreement or until such time as the
9 County ceases to occupy the County Building, whichever occurs
10 first.
11
12 5• Original Section 17 of the Parking Agreement is hereby
deleted in its entirety and replaced with the following
13
14 language:
15 Section 17 . Nothing shall be done by the parties under this
16
Agreement which in any way: (1) would release the City from
17
18 its rental payment obligations under the Lease and the
Resolution of Issuance or (2) would prevent the levy and/or
19 collection of assessments pursuant to the proceedings for the
20 formation of the Central City Parking District, the Lease or
21 the Resolution of Issuance. This Agreement is subject to the
22 provisions of the Central City Parking District, the Lease and
23 the Resolution of Issuance, except to the extent that any such
24
24 provision, including, without limitation, any provision
26 relating to the term or duration of any one or more of the
same, provides for or has the effect of allowing the breach or
27
28
-4-
wrrrrrrOW
1 unilateral termination of this Agreement by the City and
2 Agency or either of them.
3
4 6. Original Exhibit "A" attached to the Parking Agreement is
5 hereby deleted in its entirety and replaced by the Exhibit "A"
6 attached to this Amendment.
7
8 7 . This Amendment shall not become operative and shall have
9 no force or effect unless and until the County executes an
10 agreement with Developer which extends the current term of
11 that certain County Lease Agreement dated effective May 1,
12 1988 and designated as County Contract No. 88-292 ("Lease") or
13 has the effect of extending such term whether by amendment to
14 the Lease or by new lease agreements for the County Building.
15 Said extension of the Lease or new lease agreement shall be
16 approved by the Agency and City and such approval shall not be
17 unreasonably withheld.
is 8 . Except as provided herein, all other terms and condition
19
20 of the original Parking Agreement remain unchanged and in full
21 force and effect.
22
23
24
25
26
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1 FIRST AMENDMENT TO PARKING AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND REDEVELOPMENT AGENCY AND ALAN D. SMITH, POST-
2 CONFIRMATION TRUSTEE OF THE BANKRUPTCY ESTATE OF H. FRANK
DOMINGUEZ, AND DAVID D. MILLER & DENYSE M. MILLER.
3 ATTEST: CITY OF SAN BERNARDINO
4 BY:
5 CITY CLERK TOM MINOR, MAYOR
6 Approved as to form
and legal content
7 JAMES F. PENMAN
8 CITY ATTORNEY
DEVELOPER:
9 BY. Alan D. Smith, post-confirmation
trustee of the bankruptcy estate of
10 H. Frank Dominguez
11 BY:
12
13 BY:
David D. Miller
14
BY:
15 Denyse M. Miller
16 Community Development Commission of
the City of San Bernardino
17
BY:
18 •Agency Administrator
19 Attest:
20
21 Secretary
22 Approved as to form
and legal content
23 BY:
24 Agency Counsel
25
26
27
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imp
1 STATE OF CALIFORNIA )
) SS.
2 COUNTY OF 1
3 On 1993 before me, the undersigned a Notary
Public in and for said County and State, personally appeared
4 , personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s)
5 is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity(ies) , and that by
6 his signature(s) on the instrument the person(s) , or entity upon
behalf of which person(s) acted, executed the instrument.
7 WITNESS my hand and official seal.
8
9 Notary Public
10 STATE OF CALIFORNIA )
) SS.
11 COUNTY OF
12 On , 1993 before me, the undersigned a Notary
Public in and for said County and State, personally appeared
13 , personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s)
14 is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity(ies) , and that by
15 his signature(s) on the instrument the person(s) , or entity upon
behalf of which person(s) acted, executed the instrument.
16 WITNESS my hand and official seal.
17
18 Notary Public
19 STATE OF CALIFORNIA )
20 ) SS.
COUNTY OF 1
21 On 1993 before me, the undersigned a Notary
22 Public in and for said County and State, personally appeared
personally known to me (or proved to me on the
23 basis of satisfactory evidence) to be the person(s) whose name(s)
is subscribed to the within instrument and acknowledged to me that
24 he executed the same in his authorized capacity(ies) , and that by
his signature(s) on the instrument the person(s) , or entity upon
25 behalf of which person(s) acted, executed the instrument.
26 WITNESS my hand and official seal.
27 Notary Public
28
I STATE OF CALIFORNIA )
) SS.
2 COUNTY OF 1
3 On , 1993 before me, the undersigned a Notary
Public in and for said County and State, personally appeared
4 personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons) whose name(s)
5 is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity(ies) , and that by
6 his signature(s) on the instrument the person(s) , or entity upon
behalf of which person(s) acted, executed the instrument.
7 WITNESS my hand and official seal.
8
9 Notary Public
10 STATE OF CALIFORNIA )
) SS.
11 COUNTY OF 1
12 On 1993 before me, the undersigned a Notary
Public in and for said County and State, personally appeared
13 personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons) whose name(s)
14 is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity(ies) , and that by
his signature(s) on the instrument the person(s) , or entity upon
15 behalf of which person(s) acted, executed the instrument.
16 WITNESS my hand and official seal.
17
Notary Public
18
19 STATE OF CALIFORNIA )
20 ) SS.
COUNTY OF
21 On , 1993 before me, the undersigned a Notary
22 Public in and for said County and State, personally appeared
personally known to me (or proved to me on the
23 basis of satisfactory evidence) to be the person(s) whose name(s)
is subscribed to the within instrument and acknowledged to me that
24 he executed the same in his authorized capacity(ies) , and that by
his signatures) on the instrument the person(s) , or entity upon
25 behalf of which person(s) acted, executed the instrument.
26 WITNESS my hand and official seal .
27 Notary Public
28
1 =.:RESOLUTION NO.
2 RESOLUTION OF -'THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FIRST' : AMENDMENT TO AGREEMENT WITH ALLAN D. SMITH,
3 BANKRUPTCY TRUSTEE SUCCESSOR TO H. FRANK DOMINGUEZ, DBA VANIR
RESEARCH COMPANY ANUD DAVID D. MILLER & DENYSE M. MILLER, AND
4 REDEVELOPMENT AGENC`T " OF THE CITY OF SAN BERNARDINO AND THE CITY OF
SAN BERNARDINO REL& ING TO PUBLIC PARKING SPACES. AND REPEALING
5 RESOLUTION NO. 93-10!39.
6 BE IT RESOLVED =33Y THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS Fy_—ZLLOWS:
7 SECTION 1. The - Mayor of the City of San Bernardino is hereby
8 authorized and dire—=ed to execute on behalf of said City a First
9 Amendment to Agree=E- nt with Allan D. Smith, bankruptcy trustee,
10 successor to H. Fr=ank Dominguez , dba Vanir Research Company and
11 David D. Miller & De-nyse M. Miller, and Redevelopment Agency of the
12 City of San Bernard--'-no and the City of San Bernardino relating to
13 public parking spa---s, a copy of which is attached hereto, marked
14 Exhibit "I" and inc::=--porated herein by reference as fully as though
15 set forth at length.
16 SECTION 2 . Re_z olution No. 93-109 is hereby repealed.
17 SECTION 3 . T:-_--- authorization to execute the above referenced
13 agreement is resc_-=ded if the parties to the agreement fail to
19 execute it within sixty (60) days of the passage of this
20 resolution.
21
22 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
23! the Mayor and Co===— Council of the City of San Bernardino at a _
i
24 meeting the_--_---_--tof, held on the day of 1993 ,
25 by the following tc��e, to wit:
26
27
28
/„/„oft
j RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A FIRST AMENDMENT TO AGREEMENT WITH ALLAN D. SMITH,
(` 2 BANKRUPTCY TRUSTEE SUCCESSOR TO H. FRANK DOMINGUEZ, DBA VANIR
RESEARCH COMPANY AND DAVID D. MILLER & DENYSE M. MILLER, AND
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF
SAN BERNARDINO RELATING TO PUBLIC PARKING SPACES, AND REPEALING
4 RESOLUTION NO. 93-109.
5
Councilmembers AYES NAYS ABSTAIN ABSENT
6
NEGRETE
7
CURLIN
8
HERNANDEZ
9
OBERHE LMAN
10
OFFICE VACANT
11
POPE-LUDLAM
12
MILLER
13
14
15
Rachel Clark, City Clerk
16
The foregoing resolution is hereby approved this day of
17
18 1993 .
19 Tom Minor, Mayor
20 City of San Bernardino
21 Approved as to form
and legal content:
22
JAMES F. PENMAN
23 city Attorney
24 By:
25
26
27
28
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