The URL can be used to link to this page

Home My WebLink About1980-139 1 RESOLUTION NO. f 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING AGREEMENT WITH SANTA FE FEDERAL SAVINGS & 3 LOAN ASSOCIATION RELATING TO THE ASSIGNMENT AND ALLOCATION OF PARKING SPACES ON THE FOURTH LEVEL OF THE FIVE-LEVEL PARKING 4 STRUCTURE. 5 BE IT RESOLVED BY THE MAYOR AND C014MON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS : 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City U a Parking Agreement with Santa Fe Federal Savings & Loan Association ! 10 relating to the assignment and allocation of parking spaces on the 11 Fourth level of the five-level parking structure, a copy of 12 which is attached hereto, marked Exhibit "A" and incorporated 13 herein by reference as fully as though set forth at length. 14 I HEREBY CERTIFY that the foregoing resolution was duly 15 adopted by the Mayor and Common Council of the City of San 16 Bernardino at a meeting thereof , held i� on the day of ` 1980 , by the following E vote, to wit: AYES : Councilmen .. NAYS: 22 ABSENT: 24 City Clerk I! The foregoing resol:MtTy-of7 n is hereby approved thi day _, of ;.� ` 1980 . IL' Y6 y Cit of n Bernardino ' Approved as to form: i ; City Attorney i i I 1 I 1 PARKING AGREEMENT (Five-Level Parking Structure) 2 ` (employee spaces - 3rd level) f 3 THIS PARKING AGREEMENT (referred to as "Agreement") is F 4 lentered into between the CITY OF SAN BERNARDINO, a municipal I 5 lcorporation, referred to as "City" , and SANTA FE FEDERAL SAVINGS 6 I & LOAN ASSOCIATION, incorporated under the laws of the United i 7 ( States of America, referred to as "Santa Fe" . g I City and Santa Fe agree as follows: i 9 1. Recitals. i 10 (a) City and the Redevelopment Agency of the City of 11 ISan Bernardino (referred to as "Agency") executed a Lease Agree 12 � ment dated September 4 , 1972 , wherein the Agency leased to City 13 ; for a period of 50 years the Parking Facility adjoining City 14 IlHall, San Bernardino, California, which would provide necessary f 15 r parking to the users of the commercial , civic and cultural 16 complex. 17 ii (b) Section 4 of the Lease Agreement provides for the j 18 jiuse of the Parking Facility as follows: I I 19 "a. It is understood and agreed that the leased I! premises shall be maintained and used as a park- 20 ing facility for the benefit of the public patronizing the Commercial, Business and Cultural l 21 Areas which facility shall be available to the II public without charge , provided, however, that 22 City shall adopt and enforce reasonable regula- tions and controls with respect to such use, 23 ! including parking time limits, which regulations j and controls shall be substantially in accordance 24 1 with the parking assignments and allocations set forth in the report of Armstrong-Ulmer Gruen 25 Associates, Inc. , entitled San Bernardino Central. City Parking Structures Operation, attached 26 �� hereto as Exhibit "D" and by this reference made a part hereof; provided, however, said assign- 27 ments and allocations may be varied or changed (' from time to time upon the recommendation of Ii 2 Agency or City subject to the concurrence of f c �I i �t i i 1 Agency and City, such concurrence not to be un- reasonably withheld. 2 i b. City agrees that the use of the leased 3 premises shall be restricted solely to uses consistent with the purposes specified in sub- 4 H paragraph a. of this paragraph. " 5 (c) The Lease Agreement, although prohibiting the i 6 iimposition of charges upon the public patronizing the Commercial , 7 Business and Cultural areas, permits charges for parking by g , employees of tenants and owners of the areas . 9 (d) Santa Fe has requested the designation of certain 10 ; spaces for use by its officers, employees and tenants, and has 11 offered to collect fees and charges therefor on behalf of City 12 land to provide security for said spaces. i 13 2. Allocation of Spaces. City agrees to assign and 14 i; allocate spaces located on the third level of the five level l � E I 15 ;! parking structure to Santa Fe for use by its officers , employees 1.6 !- and tenants occupying the building located on the southwest 17 corner of Court and "D" Streets. The designated spaces are 18 ' illustrated on Exhibit "I" attached and incorporated herein by 19 reference. 20 3. Consideration. Santa Fe shall pay to City a sum to be 21 i' determined from time to time by City, in its sole discretion, ' 22 ' payable monthly, to cover- the proportionate cost of maintaining i 23 ' the spaces and common area of the parking structure for the 24 ('; benefit of the users of the spaces . 25 �' 4. Term. The term of this Agreement shall be two (2) 26 years commencing u.p:�)n execut-ion of this Agreement and terminating 2 !' two (2) years thereafter, unless earlier terminated by either k 23 party as provided herein. l i �t i -2- i I i 1 i 5. Security of Allocated Spaces. Santa Fe shall provide 2 ( a security guard to patrol said parking spaces, which are the : sub 'ect of this agreement, and adjacent areas within the immediate 7 g 7 i 4 ; vicinity of the designated spaces. The hours of the security 5 Iguard shall be mutually agreeable to both parties. 6 ; 6. Termination. This agreement may be terminated by j 7 ; either party, with or without cause, upon the giving of thirty 8 1 (30) days notice in writing to the other party, and this agreementf 9 ` shall terminate thirty (30) days after the giving of such notice. 10 7. Terms Subject to Lease Agreement. This agreement is i i 11 jsubject to the terms and conditions of that certain lease between 12 Ithe Redevelopment Agency of the City of San Bernardino and the f 13 !City of San Bernardino dated September 4 , 1972 , the provisions of I 14 which are incorporated herein by this reference. li E 1� 8 . Maintenance. City shall maintain and keep in good 16 (repair said designated parking spaces, and shall keep open 17 i the rights-of-way over the common areas of the Parking Structure � 18 nand shall keep said common areas striped, lighted and clear E 19 (;and free of rubbish and obstructions of any nature . 20 �' 9. Hold Harmless. Santa Fe hereby agrees to, and shall, 21 jhold City, its elective and appointive boards, commissions, E! 22 'officers, agents and employees harmless from any liability for 23 'damage or claims for damage for personal injury, including death, 24 ias well as from claims for property damage which may arise from 25 'Santa Fe' s operations under this agreement, whether such operation 26 �be by Santa Fe, its officers, employees or tenants, or by any 27 Bone or more persons directly or indirectly employed by or acting ` �las agent for Santa Fe. Santa Fe agrees to and shall defend 2._� g g � I i ! -3-` i t I , Ii I 1 lCity and its elective and appointive boards , commissions, officers 2 agents and employees from any suits or actions at law or in i t 3 : equity for damages caused, or alleged to have been caused, r 4 1by reason of any of the operations hereunder. I 5 10. Amendment. This agreement may be amended or modified 6 only by written agreement signed by both parties and failure on 7 ! the part of either party to enforce any provision of this agree- 8 ' ment shall not be construed as a waiver of the right to compel 9 jenforcement of such provision or provisions, nor act to release 10 ; any surety from its obligations under this agreement. 11 11. Notices. All notices herein required shall be in i 12 1writing and delivered in person or sent by certified mail, postage ! i 13 Iii prepaid, addressed as follows: j 14 � City of San Bernardino . Santa Fe Federal Savings & ! 300 North "D" Street Loan Association ;5 San Bernardino, CA 92418 330 North "D" Street San Bernardino, CA 92401 16 i li 12. Concurrence by Redevelopment Agency. The foregoing j 18 ;! provisions of tis parking agreement and the assignment and j 19 !: allocation of parking spaces is concurred in by the Redevelopment 20 : Agency of the City of San Bernardino. f 21 IN WITNESS WHEREOF, the parties have executed this Agree- 22 iment on 1980. 23 { CITY OF SAN BERNARDINO ATTEST: 24 By 25 1 Mayor ( City Clerk 2n j i 21 28 V -4- i i 1 SANTA FE FEDERAL SAVINGS & LOAN ASSOCIATION 2 _ i 3 By 4 Title ! Approved as to form: 5 6 ( City Attorney 7 , 8 f i 9 The Redevelopment Agency of the City of San Bernardino hereby 10 concurs with the terms and provisions of this agreement. 11 REDEVELOPMENT AGENCY OF THE CITY 12 ! OF SAN BERNARDINO I I 13 BY 14 ! Approved as to form: 6 1.� f II I 16 f 17 j' William A. Flory, Agency Counsel f' 18 i 19 Ii I i 2i I. 22 I 23 , i 24 25 ! 26 I� 27 Ii i 2,8 II