HomeMy WebLinkAbout1980-180 1 RES OI.,UTION NO. J,�O
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RESOLUTION OI' THE CITY OF St' BERNARDINO AUTHORIZING THE
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E:fLCUTIt)N OF AN AGIRFEDIET
NT WITH THE !RDE`AL,'LOPMENT AGENCY OF THE
3 C. I'° OF SAN BEP,`- ARDINO T'. FRYV K P( MINGLTZ , dha "JANIR RT,SEARCH
� CtD.MFA2IY RELATING TO IHE NiAINi'ETV A�NCE CF 85 PARKIN(-',, SPACES AT THE i
q UIIIW1'_; I CORNER OF IIiL FOURTH I_,EVEI. OF THE FIFE %.EVEI PARKING
S`I'I?UCTURE .
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BE I T RES�}i,Vf'D BY THE rIAY OR AND COMMON COL'NCI L OF THE CITY
6 C:,F SAl; BERT ARDI:NC nf, FOT L(YWS :
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7 SECTION 1. The Mayor of the City of San Bernardino is
8 hereby authorized and directed to execute on behalf of said City
9 an Agreement with the Redevelopment Agency of the City of San
10 Bernardino and II, Frank Dominguez , dba Vanir Research Company re-
11 slating to the maintenance of 85 parking spaces at the southwest
12 . corner of the fourth level_ of the five level parking structure
;3 : 1-ocated at the northeast corner of Second Street and "E'° Street,
14 ' a copy of which is attached hereto marked Exhibit "A" and inch..-
15 1porated herein by reference as fully as though set forth at. length.
116 I HEREBY CERTIFY that the foregoing resoltuion was duly
17 adopted by the Mayor and Common Council of the City of San
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14 j;'Beznardir.o at a _ meeting thereof, held on the
day of 19 80 , by the following vote ,
to wit: U
7 AYES : Councilmen ��
c.
23 �' NAYS : l�ku
24 ABSENT :
City Clerk
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I PARKING AGREEPENT
2 ( five- level parking structure)
3 AGREE=T made and entercd into this day of
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4 _ / _, 19 80 , among t1.e CITY OF SAN BE RNARDINO , a
5 municipal corporation , hereafter called "City " , the REDEVELOPMENT
6 AGENCY OF THE CITY OF SAN BERNARDINO, a public body, corporate and
7 politic, hereafter called "Agency" and H. Frank Dominguez , dba
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8 Vanir Research Company , here after galled "Vanir".
9 NHEREAS , Agency is ti-ie owner in fee of that property situ-
10 at.ed in the City of San: Bernardine; County of San Bernardino ,
11 (California, a five 1E'_VE1 par�:inc) structure , hereafter refer.--ed to
12 'aS the Parki..nc- StrlJctur(--:'' , located -t: the northeast Corner of
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1� Second and "E " Streets , Seri Bernardino, California, and in whic'-1 �
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C ;,is located those curtain 85 parking spaces hereafter ment'-tined and
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lc -i�?own on ':�Xh-'bit "1'"' atta.chej hereto and incorporated herein by �I
E, t::;_s reference ; and
t>'HF R,AS , City is the Lessee of portions of 5614 d Parkins
Structure under Lease ligreement w-i t:h Agency dated September 4 ,
1972 , as amended, except_ for. 8-, parking spaces at: the sou�-.nwest
corner of the fou.rth lovc_l of the five level parking structure,
which it operates as a fiL3)1ic pia'rki_ng facility; and
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iNHEPEA.S , Agency has c et.e rminccd that providing parking for
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tine users o;= the b�ilftnc? locates' kt. the northeast corner of
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2 Isecond Street and "E" Street , o�,sned ! y Vanir, is in the best
�5 interest. of. the public: and fog the. rev.;-tali_zat:ion of "E" Street
2z and redevelopment of part of the Central City Project Area, which
a..t i'w:ill venerate tax mc o
nios fog the City and t.'-c.. Agency and therefore`
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I'4Iis1'_es t:) induce Zrai"`ir to ronC:'watc s _icl bul' SC< ? 'y and attract first
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1 'i class users for the same; and
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WHEREAS , Agency has leased to Vanir the 85 parking spaces
3 ( located at the southwest corner of the fourth level of the five
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4 !level parking structure for the benefit of tenants , patrons ,
5 (, customers ; and other users of said building,
6 (' NOW, THEREFORE , in consideration of the mutual convenants
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7 and agreements herein contained the parties covenant and agree for
8 ithemselves , their heirs , successors and assigns , as follows : r
9 1, SECTION 1. City agrees that the tenants , officers , j
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10 lemployees , customers , patrons , business invitees and other users
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11 of the building located on the northeast corner of Second Street
12 hand "E" Street adjoining the five level parking structure shall
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13 !enjoy the right to use on a non-exclusive basis the entrances ,
14 !exits , drive ways , walks , elevators , stair wells and other common
15 areas of the Parking Structure for vehicular and pedestrian use .
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16 SECTION 2 . City shall maintain and keep in good repair the j
17 Parking Structure and the right of way over common areas of the
1 Parking Structure, and keep said common areas striped, lighted and
clear and free of rubbish and obstructions of any nature .
`,) SECTION 3 . Upon designation and use thereof, Vanir shall
2, pay to City as consideration for the foregoing the actual costs of
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22 :;providing maintenance and utilities for the 85 parking spaces in
23 sums determined by City, which is currently estimated to be Three
2 'Dollars Sixty Cents ($3.60) per space per month or Three Thousand
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25 iSi : Hundred Seventy-Two Dollars ( $3 ,672) per year, during the t
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first seven ( 7) years of that certain Parking Agreement between
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!,Agency and Vanir which provides for the leasing of the 85 arkin
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spaces from Agency to Vanir. Said sums shall be payable monthly `
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1 11n advance on the first day of each month during the seven ( 7) year
2 :period. Thereafter, commencing on the first day of the first
3 ..:month following the seventh year anniversary of the Parking Agree-
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4 ment between Agency and Vanir and for the additional consideration
5 of the City maintaining the Parking Structure and common areas ,
6 'the Agency shall pay to the City all monies received from Vanir for:
7 tree rental of said 85 parking spaces during the remaining balance
g of the term of this Agreement , provided that the amounts of said
9 payments shall never be less than the actual costs of providing
10 maintenance and utilities for the 85 parking spaces as determined
11 by City.
12 SECTION 4 . This Agreement is subject to the applicable terms
13 and conditions , if any , of that certain Lease between the Redevel-
14 opment Agency of the City of San Bernardino and the City of San
Bernardino, dated September 4 , 1972 , the provisions of which are
6 incorporated herein by this reference and to the terms and con-
7 ditions of that certain Parking Agreement dated April, 1980 , by
E ,y and between the Redevelopment Agency of the City of San Bernardino
and Vanir, involving the leasing of the 85 parking spaces , the
provisions of which are incorporated herein by this reference .
SECTION 5. The term of this Agreement shall commence upon
22 mutual execution of this Agreement and shall expire twenty-five
23 (25) years following the first day of the month in which it com-
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4 imences.
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1 IN WITNESS WHEREOF, the parties have signed this Agreement
2 [the day and year first above written.
3 CITY OF SAN BERNARDINO
,ATTEST:
4. -'
5 B ayo
6 r'I ii ty Clerk
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REDEVELOPMENT AGENCY OF THE I
8 CITY OF SAN BERNARDIN
I:ATTEST:
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C a rman
11 Sel etary
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H . FRANK DOMINGL'E Z dba VANI R
RESEARCH COMPANL Y
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17 Ppp roved as to form:
City A orney�
Approved as to form:
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'Wil.11 am A. Flory, Agency Couns
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EXHIBIT "F" -----tea