HomeMy WebLinkAbout1982-467i
1 RESOLUTION NO. 52-467
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH HERITAGE PROPERTIES, LTD., FOR THE LEASE
3 OF 43 PARKING SPACES ON THE SECOND LEVEL OF THE 5 -LEVEL PARKING
STRUCTURE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City a Lease
8 with Heritage Properties, LTD., for the lease of 43 parking
9 spaces on the second level of the 5 -level parking structure, a
10 copy of which is attached hereto, marked Exhibit "I" and
11 incorporated herein by reference as fully as though set forth at
12 length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a regular meeting thereof, held
16 on the 15th day of November , 1982, by the following
17 vote, to wit:
18 AYES: Council Members Castaneda, Reilly, TTarks,
19 Quiel, Hobbs, Strickler_
20 NAYS: None
21 ABSENT: None Abstain Council Member Hernandez
22
23 City Clerk
24 The foregoing resolution is hereby approve his /L day
25 Of November , 1982. Z; Z7
26 zT y ft e ity of Bernardino
Approved as to form:
27
w
City Attorney
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L E A S E
(Five -Level Parking Structure)
(tenant spaces - 2nd level)
THIS LEASE is made and entered into this :?e11t,f_ day of
t`q
1982, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, referred to as "City", and HERITAGE
PROPERTIES, LTD., a California partnership, referred to as
"Lessee".
City and Lessee agree as follows:
1. Recitals.
(a) City and the Redevelopment Agency of the City of San
Bernardino (referred to as "Agency") executed a Lease Agreement
dated September 4, 1972, wherein the Agency leased to City for a
period of 50 years the Parking Facility adjoining City Hall, San
Bernardino, California, which would provide necessary public
parking to the users of the commercial, civic and cultural
complex.
(b) The Lease Agreement, although prohibiting the
imposition of charges upon the public patronizing the Commercial,
Business and Cultural areas, permits charges for parking by
employees of tenants and owners of the areas.
(c) Lessee has requested the designation of certain
spaces for its use, and City is willing to lease said spaces to
.Lessee.
2. Leased Property. City agrees to lease 43 parking spaces
on the second level of the 5 -level parking structure, in the City
hof San Bernardino, more particularly described in the attached
Exhibit "A" which is incorporated herein by reference.
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3. Term. The term of this lease shall be for a period of
twenty years commencing upon execution of this agreement, with one
ten-year option to extend the lease as hereinafter provided.
4. Option to Extend Term.
(a) Lessee is given the option to extend the term on all
the provisions contained in this lease, except for monthly rent,
for a ten-year period following expiration of the initial term, by
giving notice of exercise of the option to City at least six
months but not more than one year before the expiration of the
term. However, if Lessee is in default on the date of giving the
option notice, the option notice shall be totally ineffective, or
if Lessee is in default on the date the extended term is to
commence, the extended term shall not commence and this lease
shall expire at the end of the initial term.
(b) The parties shall have thirty days after City
receives the option notice in which to agree on monthly rent
during the extended term. If the parties agree on the monthly
rent for the extended term during that period, they shall
immediately execute an amendment to this lease stating the monthly
Irent.
(c) If the parties are unable to agree on the monthly
rent for the extended term within that period, the option notice
,shall be of no effect and this lease shall expire at the end of
the term. Neither party to this lease shall have the right to
have a court or other third party set the monthly rent.
(d) Lessee shall have no other right to extend the term
lbeyond the specified term.
5. Rent; Termination for Nonpayment.
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(a) Lessee shall pay to City the sum of $20.00 per space
per month in advance on or before the first day of January and the
first day of June of each year. The monthly rent for the first
year or portion thereof shall be paid on the day the term of this
lease commences. Monthly rent for any partial month shall be
prorated at the rate of 1/30th of the monthly rent per day. In
the event Lessee fails to pay when due any monthly rental, and suct
default shall continue for 5 days, after notice of default, City
may, at its sole option and upon 30 days' notice, terminate this
Lease.
(b) All rent shall be paid to City at the address to
which notices to City are given.
(c) The monthly rent shall be subject to adjustment
commencing January, 1983, and each year thereafter, based on the
Consumer Price Index but in no event shall the lease rate be
increased or decreased more than 7% per year nor shall said rate
be reduced below the initial rate of $20.00 per month per space.
6. Terms Subject to Lease Agreement. This agreement is
subject to the terms and conditions of that certain lease between
the Redevelopment Agency of the City of San Bernardino and the
City of San Bernardino dated September 4, 1972, the provisions of
dhich are incorporated herein by this reference.
7. Relocation of Parking. City shall have the right to
relocate the parking spaces to any comparable parking facility
githin 200 feet of the leased spaces. The parties shall
immediately execute an amendment to this lease indicating the
relocation of the parking spaces.
8. Use - Sublease. Lessee hereby agrees that said property
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shall be used solely and exclusively for the purpose of providing
parking for its business located at 440 West Court Street, San
Bernardino, California, and that any other use by Lessee shall
constitute reasonable grounds for termination of this lease.
Lessee shall have the right to sublease the leased property for
parking purposes to tenants of its business located at 440 West
Court Street, San Bernardino, California; provided that said
sublease payments shall not exceed the monthly cost per space paid
to City by Lessee.
9. Maintenance and Security. City shall provide maintenance
and security at the same times and in the same manner as with all
other parking areas owned by City and in the same general
geographic area. No modifications or material improvements shall
be made by Lessee without advance approval of City.
10. Hold Harmless. Lessee shall hold City, its elective and
appointive boards, commissions, officers, agents and employees
harmless from any liability for damage or claims for damage for
personal injury, including death, as well as from claims for
property damage which may arise from Lessee's operations under
this lease, whether such operations be by Lessee, its officers,
employees or tenants, or by one or more persons directly or
indirectly employed by or acting as agent for Lessee or by lease
or agreement with Lessee. Lessee shall defend City and its
Jelective and appointive boards, commissions, officers, agents and
employees from any suits or actions at law or in equity for
damages caused, or alleged to have been caused, by reason of any
of the aforesaid operations.
11. Liability Insurance. Lessee agrees to procure and
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maintain in force during the term of this lease and any extension
thereof, at its expense, public liability insurance adequate to
protect against liability for damage claims through public use of
or arising out of accidents occurring in or around the leased
parking spaces, in a minimum amount of $1,000,000 for injuries in
any one accident, and $50,000 for property damage. Such insurance
policies shall provide coverage for City's contingent liability on 1,
such claims or losses. City shall be named as an additional
insured. Lessee shall file with City's Risk Management Division,
a division of the City Administrator's office, a certificate of
insurance evidencing such insurance. Lessee agrees to obtain a
written obligation from the insurers to notify City in writing at
least thirty days prior to cancellation or refusal to renew any
such policies.
12. Assignment. Except as provided in paragraph 8, Lessee
shall not have the right to assign this lease or any portion of
the leased property without first having received the written
consent of the City. City hereby agrees not to unreasonably
(withhold said consent.
13. Amendment. This lease may be amended or modified only
by written agreement signed by both parties and failure on the
part of either party to enforce any provision of this lease shall
not be construed as a waiver of the right to complel enforcement
of such provision or provisions, nor act to release any surety
from its obligations under this lease.
14. Default. The occurrence of any of the following shall
constitute a default by Lessee, giving City the right to terminate
this lease and Lessee's possession thereunder:
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(a) Failure to pay rent when due, if the failure
continues for five days after notice has been given to Lessee.
(b) Failure to perform any other provision of this
lease if the failure to perform is not cured within thirty days
after notice has been given to Lessee.
Notices given under this paragraph shall specify the alleged
default and the applicable lease provisions, and shall demand thatl,
Lessee perform the provisions of this lease or pay the rent that
is in arrears, as the case may be, within the applicable period of
time, or quit the premises. No such notice shall be deemed a
forfeiture of a termination of this lease unless City so elects in
the notice.
15. Validity. If any term, conditions, provisions or
covenants of this lease shall to any extent be judged invalid,
unenforceable, void, or voidable for any reason whatsoever by a
court of competent jurisdiction, each and all remaining terms,
conditions, promises and covenants of this lease shall not be
affected and shall be valid and enforceable to the fullest extent
permitted by law.
16. Notices. All notices required hereunder shall be
considered to have been given if delivered in person to the other
party or sent by certified mail, postage prepaid, addressed as
follows:
City Administrator Heritage Properties, Ltd.
City Hall 440 West Court Street
300 North "D" Street San Bernardino, CA 92401
San Bernardino, CA 92418
17. Possessory Interest. Lessee recognizes and understands
that this lease may create a possessory interest subject to
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property taxation and that the Lessee may be subject to the
payment of property taxes levied on such interest. Lessee agrees
to and shall hold harmless the City from any and all liability for
any such taxes.
18. Termination. In addition to the provisions of
Paragraph 5, this lease may be terminated by either party, with or
without cause, upon the giving of six months' notice in writing to
the other party, and this lease shall terminate six months after
the giving of such notice.
19. Concurrence by Redevelopment Agency. The foregoing
provisions of this parking lease and the assignment and allocation
of parking spaces is concurred in by the Redevelopment Agency of
the City of San Bernardino.
IN WITNESS WHEREOF, the parties have executed this lease on
the day and year first above written. %%
CITY OF SAN BERNARJ4`5`
ATTEST:
City Clerk
Approved as to form:
City PPktorney
Mayo
HERI GE PROPERTIES, LTD.
By
Title A Partner
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The Redevelopment Agency of the City of San Bernardino hereby
concurs with the terms and provisions of this lease.
REDEVELOPMENT AGENCY OFE CITY
OF SAN BERNARDINO
Approved as to form:
_ •r
William A. Flory, Agency Counpel
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