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RESOLUTION NO. 3
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3AN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BE-
TWEEN THE CITY OF SAN BERNARDINO AND R. C. RINGHOLZ.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
)F SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
iereby authorized and directed to execute on behalf of said City
i Lease Agreement between said City and R. C. Ringholz for parking
)roperties located between 4th and 5th Streets and "E" and "F"
Streets in said City, a copy of which is attached hereto, marked
xhibit "A" and incorporated herein by reference as fully as
though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
idopted by the Mayor and Common Council of the City of San Ber-
iardino at a meeting thereof, held on the
day of 1973 by the following vote to
Nit.
AYES: Councilmen
NOES: �1%t7f r •L.r _ 9s� r f
rr
ABSENT:-.�,�,9� - - - — -
City C1 rk
The foregoing resoluti
i f - 19 7 3.
Approved as to form:
City Attorney
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LEASE AGREEMENT
(Parking Facilities)
The Lease Agreement (hereinafter called lease) is made and
entered into this day of 1973 by and
between the City of San Bernardino, a municipal corporation or-
ganized and existing under the laws of the State of California
(hereinafter called lessee), and Mr. R. C. Ri:ngholz leaseholder
of Central Auto Park, a private parking facility in the -City of
San Bernardino (hereinafter called lessor).
R E C I T A L S:
This lease is made with reference to the following facts:
A. The lessor has indicated that he cannot compete on a
commercial basis with the free off-street parking facilities in
the area and has expressed his willingness to enter into an
interim lease for a six-month period.
B. The lessee is in the process of making a detailed
study of parking requirements for the Central City area and
desires to provide, on an interim basis, parking for employees,
customers and clients and to determine the necessity of acquiring
additional off-street parking facilities.
C. It is the purpose of the lessee in entering into this
lease agreement to assure that the subject property herein de-
scribed not be sold during the six-month period of the lease, it
being the lessee's intent to formulate, during said lease period,
overall parking needs, determine the location of the most suit-
able property and to develop an appropriate financial plan for
acquiring the property required.
Now therefore, in consideration of the mutual premises and
agreements herein contained, the parties hereto agree as follows:
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1. Lease of premises.
(a) Lessor hereby leases to lessee the parking proper-
ties located between 4th and 5th Streets, "E" and
"F" Streets in the City of San Bernardino,
(commonly known as Central Auto Park) consisting
of approximately 319 parking spaces. Said proper-
ties are the estates of F. M. Sandefur and W. G.
Van Ness in trust of the Bank .of California, 293
North "D" Street, San Bernardino in accordance with
the terms and conditions set forth herein.
(b) The term of this lease shall commence the
day of , 1973, and shall continue for
a period of six (6) months.
2. Rent.
(a) Lessee agrees to pay to lessor the sum of Twelve
Hundred and Fifty Dollars ($1,250) per month for
the rental of the parking property described above.
Said rental shall be payable in advance on the date
the term of this lease commences and each thirty
(30) days thereafter during the term of this lease.
(b) Lessor agrees to accept the Twelve Hundred and
Fifty Dollars ($1,250) per month rental payment as
full compensation for the use of said parking pro-
perty and for agreeing not to sell, arrange to sell
or to otherwise make any commitment to sell said
parking property, during the period of the lease,
without the written approval of lessee.
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3. Taxes and Assessments.
Through.out the term of this lease, lessor agrees to pay
all taxes and assessments of any nature whatsoever levied
or assessed upon the leased premises.
4. Use.
(a) It is understood and agreed that the leased premises
shall be maintained and used as a parking facility
for the primary benefit of the employees, customers
and clients patronizing the Central City area, sub-
ject to such regulations and controls including
parking time limits and parking charges, as the
lessee may from time -to -time prescribe.
5. Maintenance and Operation by Lessor.
Lessor agrees to properly maintain the parking facility
at its sole expense during the term of this lease as
follows:
(a) Lessor shall assume all costs of operating and
maintaining the facility in good condition, repair
and appearance.
(b) The parking facility shall be kept open so as to
adequately serve the needs of the employees, cus-
tomers and clients of the Central City area.
(c) An attendant will be on duty at the Fifth Street
entrance from 7:30 a.m. until 9:45 a.m. daily, ex-
cept Sunday, to direct all -day park.ers to designa-
ted parking areas.
(d) Lessor agrees to furnish and install signs at both
entrances to inform public of parking availability.
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6. Insurance.
Lessee agrees, during the period of this lease, to hold
Lessor and trust harmless from and against any and all
claims. The Lessor and trust shall be named as addition-
al insured under Lessor's policy of insurance.
7. Changes to Facility.
Lessee shall not make or permit to be made any changes
or alterations to the parking facility which would
change substantially the design, layout, or arrangement
of the parking facility for the uses and purposes
specified in Paragraph 4 of this lease, except upon the
written approval of lessor.
8. Access to Premises.
Lessee agrees that lessor, its agents and employees,
shall at all times have the right to enter upon the
parking facility for the purpose of inspection and for
any purposes connected with lessor's rights or obliga-
tions hereunder.
9. Transfer or Encumbrances.
(a) Lessee shall have no right or power, either by
voluntary act or by operation of law, to assign
the lease, or any of its rights hereunder or to
sublease the leased premises or any portion or
portions thereof. Nothing in this part, however,
shall be construed as a prohibition against the
charging of parking fees, in the event lessee de-
cides to institute a parking fee program.
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10. Notices.
Any notice which will be required or may be given under
this lease shall be deemed sufficiently given if in
writing and served in the following manner:
If directed to the lessee by sending such notice by
registered or certified mail addressed to the City of
San Bernardino, 300 North "D" Street, San Bernardino,
California, 92418;
If directed to the lessor by sending such notice by
registered or certified mail addressed to Mr. R. C.
Ringholz, Park or Ride, Inc., California Hotel, Suite
26, San Bernardino, California.
11. Binding Effect.
Subject to the limitations on assignments contained
herein, this lease shall inure to and be binding upon
the respective successors and assigns of the parties
hereto.
12. Invalidity.
If any section, subsection, sentence, clause or phrase
of this lease, or the application thereof, to either
party, or any other person or circumstance is for any
reason held invalid, it shall be deemed severable and
the validity of the remainder of the lease or the appli-
cation of such provision to the other party, or to any
person or circumstances, shall not be affected thereby.
13. Severability.
The paragraph headings contained herein are for con-
venience and reference and are not intended to define
or limit the scope of any provision of this lease.
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Executed at San Bernardino, California, this _ day of
, 1973.
Approved as to form:
City Attorney
LESSOR - R. C. RINGHOLZ
LESSEE - CITY OF SAN BERNARDINO
By
By