HomeMy WebLinkAbout1982-4691
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RESOLUTiON 82-469
RESOLUTION OF THE CIT' Z OF SYM4 BERNARDINO AUTHORIZING THE
EXECUTION OF A SECOND AMEINDMENT TO LEASE AGREEMENT WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO AUTHORIZE
CITY TO PERMIT PARKING IBB PERSONS AND BUSINESSES OUTSIDE THE
COMMERCIAL, BUSINESS ANT) CULTURAL AREAS IN THE FIVE -LEVEL PARKING
STRUCTURE, AND TO AMEND PjTOVISONS REGARDING INSURANCE.
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BE IT RESOLVED BY THE MAYOR AND COM'11,10N CO,'NCIL OF THE CITY OF
SAN BERNARDINO AS FOLLO'VujS:
SECTION 1. The Mayor of the City of San Bernardirc-) is hereby
authorized and directed to execute on behalf of said Cj.l_y a Second
Amtendment to Lease Agreement with the Redevelopment Agency of t -he
City of San Bernardino to authorize City to permit parking by
persons and businesses outside the Commercial, Business and
Cultural Areas in the five -level parking structure, and to amend
provisions regarding insurance, a copy of which is attached
hereto, marked Exhibit "A" and incorporated herein by reterence as
fully as though set forth at length.
1. HEREBY CERTIFY that the foregoing resolution ,,(-;:is (1131y
adopted by t,lie
Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held
on the 15th day of November 1982, by the followinq,
Vote, to wit:
A Y E 'i .
NAYS:
ABSENT:
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28 1 . . .
coun'cil Members Castamed-a, Reill,-,.7, Fernandez,
"4
larks, nuielf Strickler
None
None
City Clerk
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The foregoing resolution is hereby approved this day
of November 1982.
Approved as to form:
City A o r in e y
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SECOND AMLNDMENT TO LEASE AGREEMENT
(five -level parking facility)
THIS SECOND AMENDMENT TO LEASE AGREEMENT is made and entered
into this day of by and between the
e4_ 1982,
CITY OF SAN BERNARDINO, a municipal corporation, hereafter "City",
and the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, a public body, corporate and politic, hereafter
"Agency".
City and Agency agree as follows:
i. Recitals.
(a) Agency is the owner in fee of that property situated
in the City of San Bernardino, County of San Bernardino, State of
California referred to as the "Parking Structure" and described in
the Lease entered into by the parties on September 4, 1972.
(b) Agency and City desire to amend the Lease to provide
for a 5roader use of the Parking Structure by other than just
those persons patronizing the Commercial, Business and Cultural
Areas as had been designated.
(c) Section 9 will clarify that risk of loss is not
covered by insurance, but that City holds Agency harmlew2 from any
loss.
2. Amendments.
(a) Paragraph 4 is amended to read in its entirety:
"4. Use .
Leased premises shall be oaintained and used as a parking
facility for the benefit oC Lhc general public, including, but not
limited to, those persons poLronizing the Commercial, Business and
Cultural Areas. Notwithstanding Recital (f) above, City shall
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have authority to authori.ze use by any other persons, as parking
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for the general public, or as leased or licensed parking, subject
to such rules, regulations, charges, fees, and controls as City
may from time to time impose. City shall be guided by, but not
required to adhere to, the prol--)osals set forth in the report of
Armstrong -Ulmer Gruen Associates, Inc., entitled San Bernardino
Central City Parking Structure Operation, a copy of which is
attached to the original agreement as Exhibit D. No charge shall
be levied for short-term parking (3 hours or less) by members of
the general public patronizing the Commercial, Business and
Cultural Areas, but nothing herein shall preclude charges for
parking by persons employed in or near said Areas, or levied
against employers and businesses desiring reserved spaces in such
structure."
(b) Paragraph 9 is amended to read:
"9. Liability,Insurance.
(a) City is basically self-insured for liability risks,
with a self-insured retention of risk for all but major losses.
(b) City shall hold Agency, its boards, officers,
agents and employees harmless from any liability for damage or
claims for damage for personal injury, including death, as well
as from claim$ for property damage which may arise. from City's
operations Linder this lease, whether such operations be by City
or by any one or more persons directly or indirectly employed by
or acting as agent for City. City agrees to and shall defend
Agency and its boards, officers, agents and employees from any
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suits or actions at law or in equity f< -sr damages caused, or
alleged to have been caused, by reason of any of City's operations.
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3. Other Provisions. All other terms, conditions and
covenants of the Le<, -se shall reynain the same and be in full force
and effect.
IN WIT14ESS WHEREOf, the parties have executed this Second
Amendment to Lease on day ,.,-gar first above written.
("I'1"Y OF SAN BERNARDIN
ATTEST: --.1 - z -
City Clerk
Approved as to form:
))Xi/o�,f ( f -i-- 7 >
/y4w/za��
Tn-y -A-*-torn—ey
ou
Agency C -.4
yor
REDEVELOPMENT AGENCY OF
OF SAN BERNARDINO
N
By
- 3-
rrtia
Secretary
CITY