HomeMy WebLinkAbout39- Parks, Recreation & Community Services CITY OF SAN BERN. RDINO - REQUEST F R COUNCIL ACTION
From: ANNIE F. RAMOS, DIRECTOR Subject: RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT WITH RALPH DANIELS AND CLEVELAND
Dept: PARKS, RECREATION & COMMUNITY SERVICES PALMER REPRESENTING CAJUN GARDEN RESTAURANT
RELATING TO LEASE OF PARKING SPACES AT
Date: AUGUST 10, 1994 NUNEZ PARK PARKING LOT.
Synopsis of Previous Council action:
None.
iDMIN„ fJFFiC&
0 AIJG 94 tit 33
Recommended motion:
Adopt Resolution.
Signature
Contact person:_ Tom Boggs Phone: 5032
Supporting data attached:_Staff Report, Resolution & Agreement Ward: 1 & 3
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 'YJ
CITY OF SAN BERNP--.,4DINO - REQUEST FOB. COUNCIL ACTION
STAFF REPORT
RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT WITH RALPH DANIELS AND
CLEVELAND PALMER REPRESENTING CAJUN
GARDEN RESTAURANT RELATING TO LEASE
OF PARKING SPACES AT NUNEZ PARK
PARKING LOT.
The Cajun Garden Restaurant will be renovating the property at 1632 W. Fifth Street and
will open the restaurant in late October or early November 1994. Currently, they are
negotiating with Omni-trans for a lot to expand their parking at the rear of their property
facing Medical Center Drive. However, in the interim, they need an additional 20 parking
spaces to meet city parking standards for restaurant establishments of their size.
The restaurant is located directly across from the Nunez Park Parking Lot on 5th Street.
This lot has approximately 100 parking spaces and the department staff has determined
that the temporary lease of 20 spaces by the Cajun Garden Restaurant will not impact the
day to day parking needs for park users. The lot is located at the intersection of Medical
Center Drive and 5th Street which is guarded by a traffic signal and cross walks, thus
providing a relatively safe crossing area.
It is recommended that this lease of parking spaces be approved, thus enabling the Cajun
Garden to meet immediate parking needs and allowing them to open the business on
schedule and bring in needed economic growth and aesthetic improvement to the area.
AgreeCajunRest
8/10/94
I RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 THE EXECUTION OF AN AGREEMENT WITH RALPH DANIELS AND CLEVELAND
PALMER REPRESENTING CAJUN GARDEN RESTAURANT, 1632 W. FIFTH STREET,
4 RELATING TO THE LEASE OF PARKING SPACES IN NUNEZ PARK PARKING LOT.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
6
7 SECTION 1. The Mayor is hereby authorized and directed to execute
8 on behalf of said City an Agreement with Ralph Daniels and Cleveland Palmer representing
9 CAJUN GARDEN RESTAURANT, 1632 W. Fifth Street, relating to the lease of parking
10 spaces in Nunez Park parking lot, which Agreement is attached hereto, marked Exhibit "A",
11
and incorporated herein by reference as fully as though set forth at length.
12
13 SECTION 2. The authorization granted hereunder shall expire and be
14 void and of no further effect if the agreement is not executed by both parties and returned to
15 the office of the City Clerk within 60 days following effective date of the resolution.
16 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
17 Mayor and Common Council of the City of San Bernardino at a meeting
18
thereof, held on the day of 1994, by the following vote, to
19
20 wit:
21
22
23
24
25
26
27 8/1/94 -1-
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1 RESOLUTION RELATING TO THE EXECUTION OF AN AGREEMENT WITH CAJUN
GARDEN RESTAURANT FOR THE USE OF NUNEZ PARK PARKING LOT.
2
3
4 COUNCIL MEMBER AYES NAYS ABSTAIN ABSENT
5 NEGRETE
6 CURLIN
7 HERNANDEZ
8
OBERHELMAN
9
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
13
14
15 Rachel Clark, City Clerk
16 The foregoing resolution is hereby approved this day of
17 , 1994.
18
19 Tom Minor, Mayor
City of San Bernardino
20
21 Approved as to form
and legal content:
22
James F. Penman
23 City Attorney
24
25 By:
26
CajunRestNuzPk
27 8/1/94 -2-
28
PARKING AGREEMENT
1
2 (Nunez Park Parking Lot)
3 THIS PARKING AGREEMENT (referred to as "Agreement") is entered into between
4 the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and
5 Ralph Daniels and Cleveland Palmer representing Cajun Garden Restaurant, 1532 W. Fifth
6 Street (referred to as "Lessee").
7
City and Lessee agree as follows:
8
9 1. Recitals.
10 A. Lessee is the owner of commercial real property in the City of San
11 Bernardino, located at 1532 W. Fifth Street, commonly known as the Cajun Garden
12 Restaurant.
13
B. Lessee has requested the designation of twenty (20) spaces in Nunez
14
15 Park Parking Lot for use by employees, customers and invitees of the owners of the Cajun
16 Garden Restaurant.
17 C. The Parks, Recreation and Community Services Department Director
18 has determined that the designation of such spaces for use by Lessee will not significantly
19 reduce the number of open parking spaces needed to service Nunez Park and therefore will
20
not inhibit parking by general park users.
21
22 2. Designation of Spaces.
23 City agrees to assign and designate twenty (20) spaces located in Nunez Park
24 Parking Lot for use by employees, customers and invitees of the Cajun Garden Restaurant.
25
26 -1-
27
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1 The designated spaces are illustrated on Exhibit "I" attached hereto and incorporated herein
2 by reference.
3
3. Consideration.
4
5 Lessee shall pay to City the sum of $100.00 per month payable in advance.
6 Lessee further agrees to pay all costs involved with patching, coating and striping of the
7 parking lot. The parking lot will be upgraded according to specifications as set forth by City.
8 Plans for upgrading parking lot will be approved by Director of Parks, Recreation and
9
Community Services Department and the Public Works/City Engineering Department.
10
4. Term.
11
12 The term of this agreement shall be for twelve (12) months commencing
13 September 1, 1994 and terminating August 31, 1995 unless earlier terminated by either party
14 as provided herein,
15 5. Termination.
16
17 This lease may be terminated without cause upon thirty (30) calendar days'
18 written notice from either party, mailed to the address indicated for the receipt of notices.
19 6. Maintenance and Security.
20 City shall provide maintenance and general security at the same times and in
21 the same manner as with all other parking areas owned by City and in the same general
22 geographic area. City shall keep the common areas striped and free of rubbish and
23
obstructions of any nature. Lessee shall have responsibility for security of the specific spaces
24
25 leased. City shall not be responsible for removal of unlawfully parked vehicles or for the
26
security of automobiles parked in leased spaces.
27 -2-
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limp-
1 7. Hold Harmless.
2 Lessee agrees to, and shall, hold City, its elective and appointive boards,
3 commissions, officers, agents and employees harmless from any liability for damage or
4
claims for damage for personal injury, including death, as well as from claims for property
5
6 damage which may arise from Lessee's operations under this Agreement, whether such
7 operations be by Lessee, its officers, employees, tenants or invitees, or by any one or more
8 persons directly or indirectly employed by or acting as agent for Lessee. Lessee agrees to
9 and shall defend City and its elective and appointive boards, commissions, officers, agents
10 and employees from any suits or actions at law or in equity for damages caused, or alleged
11
to have been caused, by reason of any of the operations hereunder.
12
13 8. Liability Insurance.
14 Lessee agrees to procure and maintain in force during the term of this
15 Agreement and any extension thereof, at its expenses, public liability insurance adequate to
16 protect against liability for damage claims through public use of or arising out of accidents
17 occurring in or around said parking spaces, in a minimum amount of$1,000,000 for injuries
18
19 in any one accident, and $100,000 for property damage. Such insurance policies shall
20 provide coverage for City's contingent liability on such claims or losses. City shall be named
21 as an additional insured. A certificate of insurance shall be delivered to City's Risk
22 Management Division at the time this agreement is executed. Lessee agrees to obtain a
23 written obligation from the insurers to notify City in writing at least thirty (30) days prior to
24 cancellation or refusal to renew any such policies.
25
26
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law
1 9. Assicnment.
2 This Agreement shall constitute a revocable license and does not constitute an
3
4 parking P easement or covenant running with the land. Lessee shall not assign any arkin spaces
5 which are the subject of this Agreement without the prior written consent of the City. The
6 parties contemplate that the parking spaces will be devoted to occupants of Lessee's
7 customers, business invitees and employees thereof. Any other use shall be grounds for
8 termination of this Lease. This Agreement automatically terminates upon any sale or any
9 transfer of more than 50% ownership in the Cajun Garden Restaurant.
10 10. Amendment.
11
12 This Agreement may be amended or modified only by written agreement signed
13 by both parties. Failure on the part of either party to enforce any provision of this
14 Agreement shall not be construed as a continuous waiver of the right to compel enforcement
15 of such provision or provisions, nor shall such waiver be construed as a release of any surety
16 from its obligations under this Agreement.
17 11. Notices.
18
19 All notices herein required shall be in writing and delivered in person or sent
20 by certified mail, postage prepaid, addressed as follows:
21 city Lessee
22 Parks, Recreation and Community Cajun Garden Restaurant
23 Services Department 1532 W. Fifth Street
City of San Bernardino San Bernardino, CA 92411
24 547 North Sierra Way
San Bernardino, CA 92410-4816
25
26
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1 12. Validity.
2 If any terms, condition, provision, or covenant of this Agreement shall to any
3 extent be judged invalid, unenforceable, void, or voidable for any reason whatsoever by a
4
5 court of competent jurisdiction, each and all remaining terms, conditions, promises and
6 covenants of this Agreement shall not be affected and shall be valid and enforceable to the
7 fullest extent permitted by law.
8 13. Entire Agreement.
9 There are no understandings or agreements except as herein expressly stated.
10 Any modifications must be in writing.
11
CITY OF SAN BERNARDINO
12
ATTEST:
13
14 By
Tom Minor, Mayor
15 City Clerk City of San Bernardino
16 RALPH DANIELS
17
18 By
19
20 CLEVELAND PALMER
21
22 Approved as to form By
23 and legal content:
24 James F. Penman
City Attorney
25
By:
26
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8/1/94
28
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