HomeMy WebLinkAbout20- Administration CITY OF SAN BERNAP"NINO REQUEST For COUNCIL ACTION
From: Peggy Ducey Subject:
Parking Lease for Gas
Dept: Administration Company Building
Date: March 8, 1993
Synopsis of Previous Council action:
September 8, 1993 - Council approved parking lease with Kaufman-
Wald Investments.
Recommended motion:
Adopt Resolution.
Sig ture
Contact person:_ Peggy Ducey Phone:
Supporting data attached:_ yes Ward: i
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No.
CITY OF SAN BERNAR"INO - REQUEST FOF COUNCIL ACTION
STAFF REPORT
On September 8, 1992 , the Mayor and Common Council approved an
agreement with Kaufman-Wald Investments to lease eighty-one parking
spaces in Parking District Lot #1, totaling $23 , 658 annually. The
spaces were to provide parking for tenants in what was formally the
Gas Company building.
The building was foreclosed on and was purchased by a new owner,
Allan Steward, Inc, on February 18, 1993. The previous parking
agreement with Kaufman-Wald automatically terminated upon transfer
of ownership of the property. However, the tenant occupying the
building continues to need the additional 81 spaces. The City has
the option honoring the parking lease even though ownership has
changed.
RECOMMENDATION
Adopt Resolution.
'5-0264
I RESOLUTION
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
3 AND ALLAN STEWARD, INC. , A CALIFORNIA CORPORATION BY THE MAYOR OF
THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor is hereby authorized and directed to
7 execute on behalf of said City a parking agreement with Allan
8 Steward, Inc.
9 A copy of said agreement is attached hereto marked Exhibit "A"
10 and incorporated herein by this reference as fully as though set
11 forth at length.
12 SECTION 2 . This Agreement shall not take effect until fully
13 signed and executed by both parties. The City shall not be
14 obligated hereunder unless and until the Agreement is fully
15 executed and no oral agreement relating thereto shall be implied or
16 authorized.
17 SECTION 3 . The authorization to execute the above-referenced
18 agreement is rescinded if the parties to the agreement fail to
19 execute it within sixty (60) days of the passage of this
20 resolution.
21 I HEREBY CERTIFY that the foregoing resolution was duly
22 adopted by the Mayor and Common Council of the City of San
23 Bernardino at a regular meeting thereon, held on the day
24 of 1993 , by the following vote, to wit:
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1 RESOLUTION AUTHORIZING AGREEMENT WITH ALLAN STEWARD, INC.
2
3 COUNCIL MEMBERS AYES NAYS ABSTAIN Air
ESTRADA
4
REILLY
5
HERNANDEZ
6
MAUDSLEY
7
MINOR
8
POPE-LUDLAM
9
MILLER
10
11
12 City Clerk
13 The foregoing resolution is hereby approved this day
14 of , 1993.
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16
W. R. Holcomb, Mayor
17 City of San Bernardino
18 Approved as to form
and legal content:
19
JAMES F. PENMAN
20 City Attorney
21 By.
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I PARKING AGREEMENT
2 (Downtown Parking District Lot #1)
3 THIS PARKING AGREEMENT (referred to as "Agreement") is entered
4 into between the CITY OF SAN BERNARDINO, a municipal corporation,
5 referred to as "City" , and Allan Steward, Inc. (referred to as
6 "Lessee") .
7 City and Lessee agree as follows:
8 1. Recitals.
9 A. Lessee is the owner of commercial real property in the
10 City of San Bernardino, located at 570 West 4th Street.
11 B. Lessee has requested the designation of eighty-one (81)
12 spaces in Parking District Lot #1 for use by employees, tenants and
13 invitees of the owners said building.
14 2 . Consideration.
15 Lessee shall pay to City the sum of $24 . 34 per month per
16 space, payable semi-annually, in advance. This sum shall be
17 adjusted on June 30 of every year for the duration of the
18 Agreement, based on changes in the Los Angeles/Long Beach consumer
19 price index, provided said adjustment shall be limited to a maximum
20 of ten percent (10%) annually. Upon acceptance of this Agreement,
21 Lessee shall deposit with City the amount of $19,720 which will be
22 held by City as a performance bond. City agrees to apply the
23 performance bond funds toward the first semi-annual payment, less
24 cost of $300, 000 for signing.
25 3 . Term.
26 This lease shall be in effect only Monday through Friday, from
27 6: 00 a.m. to 6: 00 p.m.
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I The term of this Agreement shall be 60 months commencing upon
2 the effective date of this Agreement as set forth in Paragraph 5,
3 and terminating October 1, 1997, unless earlier terminated by
4 either party as provided herein.
5 4 . Termination.
6 This lease may be terminated without cause upon thirty (30)
7 calendar days' written notice from either party, mailed to the
8 address indicated for the receipt of notices.
9 5. Effective Date of Agreement.
10 This Agreement shall become effective October 1, 1992 .
11 6. Maintenance and Security.
12 City shall provide maintenance and general security at the
13 same time and in the same manner as with all other parking areas
14 owned by City and in the same general geographic area. City shall
15 keep the common areas striped, lighted, and clear and free of
16 rubbish and obstructions of any nature. Lessee shall have
17 responsibility for security of the specific spaces leased. City
18 shall not be responsible for removal of unlawful parked vehicles or
19 for the security of automobiles parked in leased spaces.
20 7. Terms Subiect to Lease Agreement.
21 This Agreement is subject to the terms and conditions of any
22 provisions contained in any indenture related to bonds issued for
23 the purchase or expansion of Parking District Lot #1. The parties
24 recognize that City's right to occupy the subject premises, or to
25 commit the premises to the uses specified in this Agreement, may
26 expire before this Agreement expires by its terms. In such event,
27 this Agreement shall terminate as of such date as City's
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I entitlement to use and control of the lot expires.
2 8 . Hold Harmless.
3 Lessee agrees to, and shall, hold City, its elective and
4 appointment boards, commissions, officers, agents and employees
5 harmless from any liability for damage or claims for damage for
6 personal injury, including death, as well as from claims for
7 property damage which may arise from Lessee's operations under this
8 Agreement, whether such operations be by Lessee, its officers,
9 employees, tenants or invitees, or by any one or more persons
10 directly or indirectly employed by or acting as agent for Lessee.
11 Lessee agrees to and shall defend City and its elective and
12 appointive boards, commissions, officers, agents and employees from
13 any suits or actions at law or in equity for damages caused, or
14 alleged to have been caused, by reason of any of the operations
15 hereunder.
16 9. Liability Insurance.
17 Lessee agrees to procure and maintain in force during the term
18 of this Agreement and any extension thereof, at its expense, public
19 liability insurance adequate to protect against liability for
20 damage claims through public use of or arising out of accidents
21 occurring in or around said parking spaces, in a minimum amount of
22 $1, 000, 000 for injuries in any one accident, and $100, 000 for
23 property damage. Such insurance policies shall provide coverage
24 for City's contingent liability on such claims or losses. City
25 shall be named as an additional insured. A certificate of
26 insurance shall be delivered to City's Risk Management Division.
27 Lessee agrees to obtain a written obligation from the insurers to
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1 notify City in writing at least 30 days prior to cancellation or
2 refusal to renew any such policies.
3 10. Assignment.
4 This Agreement shall constitute a revocable license and does
5 not constitute an easement or covenant running with the land.
6 Lessee shall not assign any parking spaces which are the subject of
7 this Agreement without the prior written consent of the City. The
8 parties contemplate that the parking spaces will be devoted to
9 occupants of Lessee's building and customers, business invitees and
10 employees thereof. Any other use shall be grounds for termination
11 of this Lease. This Agreement automatically terminates upon any
12 sale or any transfer of more than 50% ownership is said building.
13 11. Possessory Interest.
14 Parties understand that this Agreement herein may create a
15 possessory interest subject to property tax. If a possessory
16 interest is imposed by the County of San Bernardino, lessee agrees
17 to pay such tax. Anything in this paragraph notwithstanding lessee
18 shall have full rights to challenge the legality or amount of any
19 such tax.
20 12 . Amendment.
21 This Agreement may be amended or modified only by written
22 agreement signed by both parties. Failure on the part of either
23 party to enforce any provision of this Agreement shall not be
24 construed as a continuous waiver of the right to compel enforcement
25 of such provision or provisions, nor shall such waiver be construed
26 as a release of any surety from its obligations under this
27 Agreement.
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1 13 . Notices._
2 All notices herein required shall be in writing and delivered
3 in person or sent by certified mail, postage prepaid, addressed as
4 follows:
5 City Lessee
6 City of San Bernardino Allan Steward, Inc.
300 North "D" Street 268 W. Hospitality Lane
7 San Bernardino, CA 92418 Suite 201
San Bernardino, CA 92408
8
9 14 . Validity.
10 If any terms, condition, provision, or covenant of this
11 Agreement shall to any extent be judged invalid, unenforceable,
12 void, or voidable for any reason whatsoever by a court of competent
13 jurisdiction, each and all remaining terms, conditions, promises
14 and covenants of this Agreement shall be affected and shall be
15 valid and enforceable to the fullest extent permitted by law.
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1 AGREEMENT WITH ALLAN STEWARD, INC. RELATIVE TO PARKING SPACES.
2
3 15. Entire Agreement.
4 There are not understandings or agreements except as herein
5 expressly stated. Any modifications must be in writing.
6
7 ATTEST: CITY OF SAN BERNARDINO
8
9 _ BY:
CITY CLERK W. R. HOLCOMB, MAYOR
10
11 Approved as to form Allan Steward, Inc.
and legal content:
12
JAMES F. PENMAN, BY:
13 City Attorney
BY:
14 BY:
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low-
I PARKING AGREEMENT
2 (Downtown Parking District Lot #1)
3 THIS PARKING AGREEMENT (referred to as "Agreement") is entered
4 into between the CITY OF SAN BERNARDINO, a municipal corporation,
5 referred to as "City" , and Allan Steward, Inc. (referred to as
6 "Lessee") .
7 City and Lessee agree as follows:
8 1. Recitals.
9 A. Lessee is the owner of commercial real property in the
10 City of San Bernardino, located at 570 West 4th Street.
11 B. Lessee has requested the designation of eighty-one (81)
12 spaces in Parking District Lot #1 for use by employees, tenants and
13 invitees of the owners said building.
14 2 . Consideration.
15 Lessee shall pay to City the sum of $24 . 34 per month per
16 space, payable semi-annually, in advance. This sum shall be
17 adjusted on June 30 of every year for the duration of the
18 Agreement, based on changes in the Los Angeles/Long Beach consumer
19 price index, provided said adjustment shall be limited to a maximum
20 of ten percent (:10%) annually. Upon acceptance of this Agreement,
21 Lessee shall deposit with City the amount of $19 , 720 which will be
22 held by City as a performance bond. City agrees to apply the
23 performance bond funds toward the first semi-annual payment, less
24 cost of $300 . 00 for signing.
25 3 . Term.
26 This lease shall be in effect only Monday through Friday, from
27 6 : 00 a.m. to 6: 00 p.m.
28
1
REVISED AGREEMENT - AGENDA ITEM 2
1 The term of this Agreement shall be 60 months commencing upon
2 the effective date of this Agreement as set forth in Paragraph 5,
3 and terminating April 1, 1998 , unless earlier terminated by either
4 party as provided herein.
5 4 . Termination.
6 This lease may be terminated without cause upon thirty (30)
7 calendar days' written notice from either party, mailed to the
8 address indicated for the receipt of notices.
9 5. Effective Date of Agreement.
10 This Agreement shall become effective April 1, 1993 .
11 6 . Maintenance and Security.
12 City shall provide maintenance and general security at the
13 same time and in the same manner as with all other parking areas
14 owned by City and in the same general geographic area. City shall
15 keep the common areas striped, lighted, and clear and free of
16 rubbish and obstructions of any nature. Lessee shall have
11 responsibility for security of the specific spaces leased. City
18 shall not be responsible for removal of unlawful parked vehicles or
19 for the security, of automobiles parked in leased spaces.
20 7 . Terms Subject to Lease Agreement.
21 This Agreement is subject to the terms and conditions of any
22 provisions contained in any indenture related to bonds issued for
23 the purchase or expansion of Parking District Lot #1. The parties
24 recognize that City's right to occupy the subject premises, or to
25 commit the premises to the uses specified in this Agreement, may
26 expire before this Agreement expires by its terms. In such event,
27 this Agreement shall terminate as of such date as City's
28 // // 2
REVISED AGREEMENT - item # 20