HomeMy WebLinkAbout26- City Administrator CITY OF SAN BERM .RDINO - REQUEST F .-.,R COUNCIL ACTION
From: Peggy Ducey Subject: Resolution of the City of San
Bernardino authorizing a parking
Dept: City Administration agreement between the City and
Allan Steward, Inc.
Date: August 24 , 1994
Synopsis of Previous Council action:
March, 1993 - Resolution 93-70 passed, authorizing a parking agreement
AD111N.. OFFiCa between the City and Allan Steward, Inc.
it AUG 94 7 s 52
Recommended motion:
Adopt resolution.
Signat
Contact person: Peggy Ducey 5122
Phone: ji
Supporting data attached: yes Ward: 1
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262
CITY OF SAN BERN`RDINO - REQUEST FA'''R COUNCIL ACTION
STAFF REPORT
Last year, the Mayor and Common Council passed Resolution 93-70
authorizing a parking agreement with Allan Steward, Inc. The
agreement allowed for eighty-one (81) designated parking spaces to
be leased in District Lot #1, at a monthly cost of 24 . 34 per space,
payable in advance on a semi-annual basis. The Agreement was
executed by both parties within the required time period. However,
payment for the first six months of the lease and the cost of
signing was never made.
When City staff notified the lessee, Mr. Steward requested that the
City change some of the provisions in the lease, since the
circumstances for the building's occupancy had changed.
Specifically, Mr. Steward requested the following changes:
1. That the eighty-one (81) leased spaces be undesignated,
rather than designated. This means that the leased
spaces would not have any signs or markings that would
designate reserved parking. Because they are
undesignated, the monthly rate drops from $24. 34 to
$11. 17 per space.
2 . That the lease payment be due on a monthly basis rather
than a semi-annual basis. This means that the Lessee
would pay the City $904 .77 on the first of every month,
rather than $5,428. 62 payable in June and December of
every year. The provisions of the proposed lease
stipulate an advance payment of $1,809.54 , half of which
would be applied to the first month's lease payment, with
the remainder held as a security deposit for the term of
the lease. Thereafter, the lease payment of $904 .77
would be due on the first day of every month.
All other provisions of the lease remain the same. Currently, the
City has a lease agreement with the Radisson Hotel with similar
provisions regarding undesignated spaces and monthly payment
arrangements.
RECOMMENDATION
Adopt resolution.
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I RESOLUTION
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN
3 BERNARDINO AND ALLAN STEWARD, INC.,A CALIFORNIA CORPORATION BY THE
4 MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY, AND
REPEALING RESOLUTION 93-70.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said
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City a parking agreement with Allan Steward, Inc.
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10 A copy of said agreement is attached hereto marked Exhibit "A" and incorporated herein
11 by this reference as fully as though set forth at length.
12 SECTION 2. This Agreement shall not take effect until fully signed and executed by
13 both parties. The City shall not be obligated hereunder unless and until the-Agreement is fully
14 executed and no oral agreement relating thereto shall be implied or authorized.
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SECTION 3. This agreement supersedes the agreement approved by Resolution 93-70.
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SECTION 4. The authorization to execute the above-referenced agreement is rescinded
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18 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
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19 resolution.
20 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
21 Common Council of the City of San Bernardino at a meeting thereon, held on the
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day of 1994, by the following vote, to wit:
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1 RESOLUTION AUTHORIZING AGREEMENT WITH ALLAN STEWARD, INC.
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3 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENr
4 NEGRETE
5 CURLIN
6 HERNANDEZ
7 OBERHELMAN
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DEVLIN
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POPE-LUDLAM
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11 MILLER
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13 City Clerk
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15 The foregoing resolution is hereby approved this day
16 of , 1994.
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19
TOM MINOR, Mayor
20 City of San Bernardino
21 Approved as to form
22 and legal content:
23 JAMES F. PENMAN
24 City Attorney
25 By:
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1 PARKING AGREEMENT
2 (Downtown Parking District Lot ail)
3 THIS PARKING ' GREEMENT (referred to as "Agreement") is entered into between
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the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and Allan
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6 Steward, Inc. (referred to as "Lessee").
7 City and Lessee agree as follows:
8 1. Recitals,
9 A. Lessee is the owner of commercial real property in the City of San Bernardino,
10 located at 570 West 4th Street.
11 ces in Parkin District Lot ail
B. Lessee has requested to lease eighty-one (81) spa g
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for use by employees, tenants and invitees of the owners said building. Said spaces shall be
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14 undesignated in that no signage or other markings shall identify the spaces as leased to the
15 lessee.
16 2. Consideration.
17 Lessee shall pay to City the sum of $11.17 per month per space, payable monthly, in
18 advance. This sum shall be increased by 2% on June 30 of every year for the duration of the
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agreement. By October 1, 1994, Lessee shall deposit with City the amount of$1,809.54, half
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of which will be applied toward the first monthly payment, with the remainder held as a security
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deposit for the term of the lease. Thereafter, the lease payment shall be due on the first day of
23 every month.
24 3. Term.
25 The term of this Agreement shall be 60 months commencing upon the effective
26 5, and terminating October 1, 1999, unless
date of this Agreement as set forth in Paragraph
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I earlier terminated by either party as provided herein.
2 4. Termination,
3 Any violation of this agreement or failure to comply enables City to terminate agreement
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without further Council action. This lease may be terminated without cause upon thirty (30)
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6 calendar days' written notice from either party, mailed to the address indicated for the receipt
7 of notices.
8 5. Effective Date of Agreement.
9 This Agreement shall become effective October 1, 1994.
10 6. Maintenance and Security,
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City shall p.ovide maint--nance and general security at the same time and in the same
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13 manner as with all other parking areas owned by City and in the same general geographic area.
14 City shall keep the common areas striped, lighted, and clear and free of rubbish and obstructions
15 of any nature. Lessee shall have responsibility for security of the specific spaces leased. City
16 shall not be responsible for removal of unlawful parked vehicles or for the security of
17 automobiles parked in leased spaces.
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7. Terms Subiect to Lease Agreement.
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This Agreement is subject to the terms and conditions of any provisions contained in any
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21 indenture related to bonds issued for the purchase or expansion of Parking District Lot#1. The
22 parties recognize that City's right to occupy the subject premises, or to commit the premises to
23 the uses specified in this Agreement, may expire before this Agreement expires by its term
24 In such event, this Agreement shall terminate as of such date as City's entitlement to use a
25 control of the lot expires.
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1 8. Hold Harmless,
2 Lessee agrees to, and shall, hold City, its elective and appointment boards, commissions,
3 officers, agents and employees harmless from any liability for damage or claims for damage for
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personal injury, including death, as well as from claims for property damage which may arise
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6 from Lessee's operations under this Agreement, whether such operations be by Lessee, its
7 officers, employees, tenants or invitees, or by any one or more persons directly or indirectly
8 employed by or acting as agent for Lessee. Lessee agrees to and shall defend City and its
9 elective and appointive boards, commissions, officers, agents and employees from any suits or
10 actions at law or in equity for damages caused, or alleged to have been caused, by reason of any
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11 of the operations hereunder.
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9. Liability Insurance.
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Lessee agrees to procure and maintain in force during the term of this Agreement and
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15 any extension thereof, at its expense, public liability insurance adequate to protect against
16 liability for damage claims through public use of or arising out of accidents occurring in or
17 around said parking spaces, in a minimum amount of $1,000,000 combined single limits for
18 bodily injury and property damage. Such insurance policies shall provide coverage for City's
19 contingent liability on such claims or losses. City shall be named as an additional insured. A
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21 certificate of insurance shall be delivered to City's Risk Management Division. Lessee agrees
22 to obtain a written obligation from the insurers to notify City in writing at least 30 days prior
23 to cancellation or refusal to renew any such policies.
24 10. Assignment.
ment.
25 This Agreement shall constitute a revocable license and does not constitute an easement
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or covenant running with the land. Lessee shall not assign any parking spaces which are the
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I subject of this Agreement without the prior written consent of the City. The parties contemplate
2 that the parlong spaces will be devoted to occupants of Lessee's building and customers, business
3 invitees and employees thereof. Any other use shall be grounds for termination of this Lease.
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5 This Agreement automatically terminates upon any sale or any transfer of more than 50%
6 ownership is said building.
7 11. PossessoU Interest.
8 Parties understand that this Agreement herein may create a possessory interest subject
9 to property tax. If a possessory interest is imposed by the County of San Bernardino, lessee
10 agrees to pay such tax. Anything in this paragraph notwithstanding lessee shall have full rights
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to challenge the legality or amount of any such tax.
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12. Amendment,
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14 This Agreement may be amended or modified only by written agreement signed by both
15 parties. Failure on the part of either party to enforce any provision of this Agreement shall not
16 be construed as a continuous waiver of the right to compel enforcement of such provision or
17 provisions, nor shall such waiver be construed as a release of any surety from its obligations
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under this Agreement.
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13. Notices,
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21 All notices herein required shall be in writing and delivered in person or sent by certified
22 mail, postage prepaid, addressed as follows:
23 C& 1st
24 City of San Bernardino Allan Steward, Inc.
25 300 North "D" Street 268 W. Hospitality Lane
San Bernardino, CA 92418 Suite 201
26 San Bernardino, CA 92408
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1 14. Validity,
2 If any terms, condition, provision, or covenant of this Agreement shall to any extent be
3 judged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of
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competent jurisdiction, each and all remaining terms, conditions, promises and covenants of this
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6 Agreement shall be affected and shall be valid and enforceable to the fullest extent permitted by
7 law.
8 15. Entire Agreement,
9 There are no understandings or agreements except as herein expressly stated. Any
10 modifications must be in writing.
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1 AGREEMENT WITH ALLAN STEWARD, INC. RELATIVE TO PARKING SPACES.
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ATTEST: CITY OF SAN BERNARDINO
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7 BY:
City Clerk TOM MINOR, Mayor
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11 Approved as to form Allan Steward, Inc.
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and legal content:
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13 JAMES F. PENMAN, BY:
City Attorney
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BY:
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