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Home My WebLink About1980-185 li 1 RESOLUTTON NO. ��- jl 2 RESOLUTION OF' THE CITY OF' SAN BERNARDINO, AUTHORIZING THE 1EXECUTION OF A PARKING AGREEMENT WITH SANTA FE FEDERAL SAVINGS & LOAN ASSOCIATION RELATING TO THE ASSIGNMENT AND ALLOCATION OF PARKING SPACES ON THE FOURTH LEVEL OF THE FIVE-LEVEL PARKING, � 4 STRUCTURE; AND REPEALING RESOLUTION NO. 80-139 . I 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY ,'OF SAN BERNARDINO AS FOLLOWS 6 7 SECTION 1. The Mayor of the City of San Bernardino is I' i Thereby authorized and directed to execute on behalf of said City i 9 'ia "Parkins; Agreement with Santa Fe Federal Savings & Loan Associatian _ _ i 10 relating to the assic;nment and allocation of parking spaces on the I It fourth level of the five-level parking structure, a cor-:y or i 12 'which is attached hereto, marked Exhibit "A" and incorporated 13 !herein by reference as fully as though set forth at length. 14 1! SECTION 2 . Resolution No. 30-"139 is hereby repealed. 15 I HEREBY CERTI7'Y that the foregoing resolution was duly 16 adopted by the Mayor and Common Council of the City of San Bernardino at. a meeting thereof, held on the day of �, 1980, by the following 'vote, to wit- AYES : Councilmen_ �c � � o>� � ; —J 22 NAYS : ABSENT 24 City Clerk 2 i The foregoing resolution is hereby approved th ' =a? day `6 �i'of 1980 > j '`7 23 (Approved as to form: Ma o o _ t e 'ity of S Bernardino v ity Ajftorney 1 F'�.FKITi� Ar-REEMENT (Five-,Level Parkina Structure) 2 (employee spaces - 4th. level) I Ili 3 THIS PARKINr (7REEMENT 'referred to as "Agreement") is I 4 into between the CITY OF SAN BERNARDINO, a municipal 5 1! carporati.on, referred to as "City" , and SANTA FE FEDERAL SAVINGS 6 : & LOAN ASSOCIATION, incorporated under the laws of the United 7 States of America, referred to as "Santa Fe" . i g City and Santa Fe agree as follows : i 9 1. Recitals. j 10 (a) City and the Redevelopment Agency of the City of 11 San Bernardino (referred to as "Agency") executed a Lease Agree- , 12 III' ment dated September 4 , 1972 , wherein the Agency leased to City 13 ! for a period of 50 years the Parking facility adjoining City 14 i.' Hall, San Bernardino, California, which would provide necessary 1` public parking to the users of the commercial, civic and cultural Io complex. (b) Section 4 of the Lease Agreement provides for the 1 use of the Parking Facility as `'allows "a. It is understood and agreed that the leased premises shall be maintained and used as a park- ing facility for the benefit of the public patronizing? the Commercial , Business and Cultural Areas which facility shall. be available to the public without charge, provided, however, that 2_2 City shall adopt and enforce reasonable regula-- tions and controls with respect to such use, including parking time limits, which regulations and controls shall be substantially in accordance 24 with -C-he parking assignments and allocations - set north in the re,,)crt o Armstron-*-Ulmer Gruen Associates, Inc. , entitled Can Bernardino Central. 2` ' i City Parkin- Struc:tur(-�s Operation, attached hereto as Exhi}.)it "0" and by this reference made � 2" Tided, however, said assign- ments part hereof- ��?ro� ments and allocat4_-ns niay be varied or changed from time ) t.smFe u _on the recommendation of , rent ,% or C i_t r s,.k ,.-3c t to the concurrence o f I I' 1 Agency and City, such concurrence not to be un- reasonably withheld. 2 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 li paragraph a. of this paragraph. " 5 `� (c) The Lease Agreement, although prohibiting the I 6 ! imposition of charcres upon the public patronizing the Commercial , 7 Business and Cultural areas , perrn4t, .4 charges for parkinc* by 8 '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 i 12 and to provide security for said spaces. 13 i, 2 . Allocation of Spaces. City agrees to assign and 1; (!'allocate 120 spaces located, on the fourth level of the five level IG parking structure to Santa Fe for use by its officers , employees :6 !'and tenants occupying the building located on the southwest icor_ner of Court and "D" Streets. The designated spaces are 17 illustrated on Exhibit. "I" attached and incorporated herein. by reference. ?. Consideration. Santa Fe shall pay to Cite the sum of Three Dollars Sixty Cents ($3 . 60) per space, payable monthly, 22 Tin advance, to cover the pro rata costs of maintenance and utilities :t:3 � .or the 120 spaces and common area of the parking structure for - i ,the bene_Fit of the users of the 120 spaces . 24 a . 25 Term. The term of this Agreement shall be two (2) :Z6 iiyears commencing upon execution of this Agreement and terminating ;two (2) years thereafter, unless earlier terminated by either !!party as provided herein. r 1 I S. Security of Allocated Spaces. Santa Fe shall provide 2 " a security guard to patrol said parking spaces , which are the 3 ! subject of this agreement, and adjacent areas within the immediate 4 jvicinity of the designated spaces during such hours as it deems I 5 appropriate. 6 I: 6. Termination. This agreement may be terminated by 7 either party, with or without cause, upon the giving of thirty f 8 (30) days notice in writing to the other party, and this agreement ' r shall terminate thirty (30) days after the giving of such notice. 10 7. Terms Subject to Lease Agreement. This agreement is 11 subject to the terms and conditions of that certain lease between 12 the Redevelopment Agency of the Cite of San Bernardino and the 13 City of San Bernardino dated September 4 , 1972 , the provisions of 14 which are incorporated herein by this reference. 15 8 . Maintenance. City shall. maintain and keep in good 16 repair said designated parking spaces, and shall keep open 17 the rights of wad, over the common areas of the Parking Structure and shall keep said common areas striped, lighted and clear :9 and free of rubbish and obstructions of any nature. 2'} 9 . Hold Harmless. Santa Fe hereby a.c:rees to, and shall , hold City, its elective and appointive boards, commissions , officers, agents and employees harmless from any liability for 22 i damage or claims for damage for personal injury , including death, 23 as well as from claims for property damage which may arise from 24 Santa Fe ' s operations under this agreement, whether such operation$ 2 5 L. be by Santa Fe, its officers , employees or tenants , or bs any one or more persons directly or indirectly employed by or acting j as agent for Santa Fe. Santa Fe agrees to and shall defend i 1 City and its elective and appointive boards , commissions, officers , 2 agents and employees From any suits or actions at law or in 3 equity for damages caused, or alleged to have been caused, by 4 reason of any of the opez:aticjns hereunder , 5 10 . Liability Insurance. Santa Fe agrees to procure and 6 :maintain in force during the term of this agreement and any i 7 ( extension thereof, at its expense, public liability insurance ;adequate to protect against liability for damage claims through 9 ILpublic use of or arising out of accidents occurring in or around l' 10 ','said parking spaces , in a minimum amount of $1, 000 , 000 . 00 for 11 injuries in any one accident, and $50 ,000 . 00 for p.ropert,, damage. 12 Such insurance policies shall provide coverage for City' s con- 13 Itingent liability on such claims or losses. City shall be named L 14 ; as an additional insured. A certificate of insurance shall be 15 idelivered to City. Santa Fe agrees to obtain a written obligation 16 from the insurers to notify City in z,,rritina at least 30 days 17 ,prior to cancellation or refusal., to renew an-;., such policies. Amendment. This acreement may be amended or modified 1 " only by written agreement signed by both parties and failure on "li the part of either party to enforce any provision of this agree- ment shall not be construed as a waiver of the right to compel 22 enforcement of such -rov_lsion or provisions, nor act to .release 23 ;an- surety from its obligations under this agreement. 24 12 . Notices . All notices herein required shall be in I z writing and delivered in person or sent by certified mail , postage I 7, :prepaid, addressed as follows- City of San Bernardino Santa Fe Federal Savings & 300 North "D" Street Loan Association San Bernardino, CA 92418 _330 lorth "D" Street San Bernardino, CA 92401 U I! 13 . Concurrence by Redevelopment Agency. The foregoi.nG �i 2 provisions of this parking agreement and the assignment and 3 (, allocation of parking spaces is concurred in by the Redevelopment ' Agency of the City of San Bernardino. 5 IN WITNESS WHEREOF, the parties have executed this Agree- i 6 ment on /49 1980. I' I 7 v' CITY OF SAN BERNARDINO 8 ( ATTEST: I eiAty I 11 SAF1'I' FE FE)ERAL ,SAVINGS & LOAN ASSOC ATION 12 13 I' By-, 14 Ti'tle 15 'Approved as to form: 16 t D R ! ,' City Attorney The Redevelopment Agency of the City of Can Bernardino hereby j concurs with the terms and provisions of this agreement. t REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 22 23 Y y c4 Ap:pro d as tform: 25 I� 2 'Wialiam Flory, Agency Cou sel 24 f �f ii s � r ± ' CA H J// J