HomeMy WebLinkAbout1982-3481
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RESOLUTION NO. 82--348
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A PARKING AGREEMENT WITH BRANNFORS, WHITE, ROGERS &
CO., RELATING TO THE ALLOCATION OF 54 PARKING SPACES ON THE SECOND
LEVEL OF THE FIVE -LEVEL PARKING STRUCTURE,
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
a Parking Agreement with Brannf.ors, White, Rogers & Co., relating
to the allocation of 54 parking spaces on the second level of the
five -level parking structure, a copy of which is attached hereto,
narked Exhibit "A" and incorporated herein by reference as fully
as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular meeting thereof, held on
the 16th day of August 1982, by the following
cote, to wit:
AYES: Council Members Castaned.a, Reilly, Hernan0ez,
Quiel, Strickler
NAYS: None
ABSENT: Council member Hobbs
12VA
'City Clerk
The foregoing resolution is hereby approved thi day
f August 1982.
or of ity of S n Bernardino
pproved as to form: � � ---
. � -,
ty Attg(rney
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PARKING AGREEMENT
(Five -Level Parking Structure - 2nd Level)
THIS PARKING AGREEMENT (referred to as "Agreement") is
entered into between the CITY OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and BRANNFORS, WHITE, ROGERS &
CO., a California General Partnership, referred to as "Company".
City and Company 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) Section 4 of the Lease Agreement provides for the
Juse of the Parking Facility as follows:
"a. It is understood and agreed that the leased
premises shall be maintained and used as a parking
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 City shall adopt and enforce
reasonable regulations and controls with respect to
such use, including parking time limits, which
regulations and controls shall be substantially in
accordance with the parking assignments and
allocations set forth in the report of Armstrong -Ulmer
Gruen Associates, Inc., entitled San Bernardino
Central City Parking Structures Operation, attached
hereto as Exhibit 'D' and by this reference made a
part hereof; provided, however, said assignments and
allocations may be varied or charged from time to time
upon the recommendation of Agency or City subject to
the concurrence of Agency and City, such concurrence
not to be unreasonably withheld.
b. City agrees that the use of the leased
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premises shall be restricted solely to uses consistent
with the purposes specified in subparagraph a. of this
paragraph."
(c) The Lease Agreement, although prohibiting the
imposition of charges upon the public patronizing the Commercial,
Business and Cultural areas, permits the imposition of charges fori
parking upon regular users with reserved spaces, and upon
employees of tenants and owners of property in the immediate
downtown area.
(d) Company has requested the designation of certain
spaces for use by its officers, employees, tenants, and invitees,
and City has determined that no adverse impact on public parking
in the Parking Facility will result from the allocation of these
parking spaces.
2. Allocation of Spaces. City agrees to assign and allocate
54 spaces located on the second level of the five -level parking
structure to Company for use by its officers, employees, tenants
and invitees occupying the building located on the northwest
corner of Second and "D" Streets. The designated spaces are
illustrated on Exhibit "I" attached hereto and incorporated herein
by reference.
3. Consideration. Company shall pay to City the sum of
$20.00 per month per space, payable semi-annually, in advance.
This sum shall be adjusted annually based on changes in the
consumer price index; provided said adjustment shall be limited to
a maximum of 7s annually. Upon acceptance of this Agreement,
Company shall deposit with City the amount of $1,080 which will be
held by City as a performance bond. Company agrees to commence
rehabilitation of its facility located at the northwest corner of
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Second and "D" Streets within six months of the date this
Agreement is accepted, and further agrees that rehabilitation will
be completed and occupancy undertaken within 12 months after
commencement. In the event Company does not perform as agreed,
the performance bond shall be forfeited to the City and this
Agreement shall be null and void. In the event Company performs
as agreed, City agrees to apply the performance bond funds toward
the first semi-annual payment. Thereafter, Company shall pay
amity, on or before the 1st day of January and the 1st day of July
of each year, in advance, an amount equal to six months payment.
4. Term. The term of this agreement shall be thirty years
commencing upon the effective date of this Agreement as set forth
in Paragraph 5, and terminating thirty years thereafter, unless
earlier terminated by either party as provided herein. Company
shall have the option to renew this Agreement for a period of ten
years after expiration of the term hereof at a rate which shall be
!based on the current market value as determined by City and
Company.
5. Effective Date of Agreement. This Agreement shall become
effective upon execution hereof; the thirty year term, however,
shall commence at the time of completion of Company's proposed
Second and "D" Streets building, and occupancy thereof.
6. 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. City shall keep the common areas striped,
lighted, and clear and free of rubbish and obstructions of any
Inature.
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7. Relocation of Spaces. After this Agreement has been in
force for five years, City may relocate the parking spaces
described on Exhibit "I" so long as City provides comparable
spaces which shall be located within 700 feet of the proposed
building. If the substituted parking is not covered, the
consideration under this Agreement shall be reduced by 50%.
8. 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
which are incorporated herein by this reference. The parties
recognize that unless that lease is extended or renewed, City's
right to occupy the subject premises, or to commit the premises
to the uses specified in this Agreement, may expire before this
Agreement expires by its terms. In such event, this Agreement
shall terminate as of such date as City's entitlement to use and
control of the structure expires.
9. Hold Harmless. Company agrees to, and 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 Company's
operations under this Agreement, whether such operations be by
Company, its officers, employees or tenants, or by any one or more
persons directly or indirectly employed by or acting as agent for
Company. Company agrees to and shall defend City and its elective
and appointive boards, commissions, officers, agents and employees
from any suits or actions at law or in equity for damages caused,
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r alleged to have been caused, by reason of any of the operations)
Hereunder.
10. Liability Insurance. Company agrees to procure and
maintain in force during the term of this Agreement 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
said 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 such claims or losses. City shall be
named as an additional insured. A certificate of insurance shall
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delivered to City's Risk Management
Division.
Company
agrees
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The
to
obtain a written obligation from the
insurers
to notify
City in
15 writing at least 30 days prior to cancellation or refusal to renew
16 any such policies.
17 11. Assignment. Company shall not assign any parking spaces
18 which are the subject of this Agreement without first having
19 received the written consent of City. City hereby agrees not to
20 unreasonably withhold its consent. The parties contemplate that
21 the parking spaces will be devoted to occupants of Company's build`
22 and customers, business invitees and employees thereof. Any other!
23 use shall be subject to strict scrutiny.
24 12. Amendment. This Agreement may be amended or modified
25 only by written agreement signed by both parties and failure on
26 the part of either party to enforce any provision of this
27 Agreement shall not be construed as a waiver of the right to
28 compel enforcement of such provision or provisions, nor act to
ng,
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release any surety from its obligations under this Agreement.
13. Notices. All notices herein required shall be in
writing and delivered in person or sent by certified mail, postage
prepaid, addressed as follows:
City of San Bernardino Brannfors, White, Rogers & Co.
300 North "D" Street 242 North Arrowhead Avenue
San Bernardino, CA 92418 San Bernardino, CA 92408
14. Validity. If any term, conditions, provisions or
:covenants of this Agreement 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 Agreement shall not be
affected and shall be valid and enforceable to the fullest extent
permitted by law.
15.
Concurrence by Redevelopment
Agency.
The
foregoing
provisions
of this Agreement and
the assignment
and
allocation of
parking spaces is concurred in by the Redevelopment Agency of the
City of San Bernardino, without waiving its rights to insist upon
full compliance with the terms of the lease referred to in
Section 1.
IN WITNES WHEREOF, the parties have executed this Agreement
on 1982.
ATTEST:
ty Clerk
CITY OF SAN B
Mayor
BRANNFORS, WHITE, ROGERS & CO.,
A California General Partnership
BY110
A Par r
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Approved as to form:
City Attorney
R
REDEVELOPMENT AGENCY OF -%*W CITY OF
SAN BERNARDINO
rman
EXHIBIT "I"
r
a
CITY OF SAN BERNARDINO
MISCELLANEOUS CASH RECEIPT
November 9 82
Date { g
Received Frol Brannfors , White, Rogers and Co.
Certified Public Accountants
pf One Thousand,
The Sum of Eighty------------------ Dollars No Cents
For Performance Bond for lease of 54 spaces in
5 -level parking structure per Resolution
82-348 of August 16, 1982.
Department FINANCE
By McLean
N2 57330
ACCOUNT NO. AMOUNT
72-150-801 $1,080.00
TOTAL $1,080.00
DIST RI BUTI ON: White —Customer; Canary —Cashier; Pink —Department; Goldenrod —Dept. Numeric Control