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HomeMy WebLinkAbout28-City Administrator CI.iY OF SAN BERh..RDINOJ.t REQUEST ""R COUNCIL ACTION From: Fred Wilson Asst. to the City Administrator Dept: City Administrator Da~: November 30, 1989 Subject: Approval of Parking Agreement with Inland Empire Properties, Ltd. for 68 undesignated parking spaces in Five Level parking structure. Synopsis of Previous Council action: None Recommended motion: Adopt Resolution. ~.j,u-J .J~' Signature Contact person: Fred Wilson Phone: 5122 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: A___-'_ 1.__"_ "tL~ CITY OF SAN BER~RDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT The Central city Parking Place Commission recommended approval of the attached lease agreement with Inland Empire properties, Ltd. (215 North "D" street), for 68 undesignated parking spaces in the Five-Level Parking structure at their meeting on October 19, 1989. The firm recently secured tenants for the building and have requested this parking to help service the tenants parking needs. The agreement requires Inland Empire Properties, Ltd. to pay the City the sum of $9,114 per year for the use of these parking spaces. The term of the agreement is for a 5-year period with an option to renew the agreement for two successive 5-year periods. The proposed lease agreement may be terminated by either party with a 30 day written notice. FILED: PARK/AGREE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I 1711 :: I 20 I 21 I 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND INLAND EMPIRE PROPERTIES, LTD, A CALIFORNIA CORPORATION, BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY. 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 the Redevelopment Agency of the City of San Bernardino and Inland Empire Properties, LTD., relative to the five-level parking structure various levels. A copy of said agreement is attached hereto marked Exhibit "A" and incorporated herein by this reference as fully as though set forth at length. SECTION 2. This Agreement shall not take affect until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the Agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1989, by the following vote, to wit: / / / 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 RESOLUTION: EXECUTION OF A PARKING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. CITY OF SAN BERNARDINO, AND INLAND EMPIRE PROPERTIES, LTD., A CALIFORNIA CORPORATION, BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY. Council Members: AYES NAYS ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of , 1989. W. R. HOLCOMB, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney 20 21 22 23 24 25 26 27 28 By: L 1-.t~ o 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E'''TIBIT "A" PARKING AGREEMENT (Five-Level Parking Structure - 5th Level) THIS AGREEMENT is entered into as of this day of , 1989, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, (referred to as n AGENCY" ), the CITY OF SAN BERNARDINO, a municipal corporation, (referred to as "CITY" ), and INLAND EMPIRE PROPERTIES, LTD., (referred to as "OWNER" ). CITY and OWNER agree as follows: 1 . RECITALS. (a) CITY and 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 cu1 tura1 complex. Said Parking Facilities are described in Exhibit "1", a copy of which is attached hereto and by this reference made a part hereof. (b) Section 4 of the Lease Agreement provides for the use 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 JFW:br 1 il \1 1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JFW:br 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 thereof: provided, however, said assignments and allocations may be varied or changed 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 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 for parking upon regular users with reserved spaces, and upon employees of tenants and owners of property in the immediate downtown area. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I 25 26 27 28 (d) The OWNER is the owner of certain real property located at 215 N. "0" Street, San Bernardino, CA., upon which is constructed an office building, ("office building site"). (e) OWNER has requested the allocation of certain parking spaces in the 5-level parking structure 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. (f) The parties have agreed to enter into this agreement to provide parking which is in addition to that provided on the premises of the office building site for the use of OWNER'S officers, employees, tenants and invitees. NOW, THEREFORE, the parties hereby agree as follows: 2. TERM. The term of this agreement shall commence upon the effective date of this agreement, and terminate at 12:00 midnight, on December 31, 1994. OWNER shall have the option to renew this agreement for two (2) successive five-year periods provided that OWNER is not in default of any of the provisions of this agreement at the time I terminated by either of renewal. This lease may be party without cause upon the giving of written notice of the termination to be JFW:br 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I 17 II 18 I 19 20 21 22 23 24 25 26 27 / / / 28 JFW:br effective no sooner than thirty (30) calendar days from the date of notice. 3. PAYMENT. OWNER shall pay to CITY the sum of $11.17 per month per each undesignated parking space for a total base cost of $9,114.72 per year, payable quarterly, in advance. This sum shall be adjusted annually based on changes in the Los Angeles/Long Beach Consumer Price Index, provided said adjustment shall be limited to a maximum of ten percent (10%) annually. Upon acceptance of this Agreement, OWNER shall deposit with CITY the amount of $2,278.68 which will be held by CITY as a performance bond. CITY agrees to apply the performance bond funds toward the first quarterly payment. Failure by OWNER to pay to CITY, quarterly payments in advance shall constitute a breach of this agreement. 4. PARKING RIGHTS. CITY hereby covenants, grants, and agrees that the following parking rights (collectively the "Parking Rights") will be provided and maintained on the Garage Site to provide parking for the use of any tenants, subtenants, guests, licensees, customers, visitors, invitees, and employees of the buildings now and hereafter located on the office building site on the terms and conditions contained herein: 4 II 1 1\ \ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (a) Sixty-eight (68) undesignated parking spaces on fourth or fifth level of the five (5) level parking structure. (b) OWNER acknowledges and agrees that the allocation of sixty-eight (68) undesignated parking spaces does not obligate the CITY to ensure that such parking spaces or any parking space will be available at any particular time of any given day. 5. OPERATION AND MAINTENANCE. The CITY shall, at its own expense: Operate, maintain and furnish the Parking Facilities, including but not limited to accessways, driveways, stairways, and elevators, in accordance with the usual standards of operation and maintenance of parking structures, and in accordance with all applicable laws, statutes, ordinances and regulations. 6. APPLICABLE REQUIREMENTS. Nothing herein shall be construed as exempting the OWNER from any other requirements or from compliance with any other law of regulation with respect to the occupancy of the office building site. 7. GENERAL PROVISIONS. Each party agrees to perform any further acts and to execute and deliver any further documents which may ~e reasonably necessary to carry out the provisions of this Agreement. JFW:br 5 II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. POSSESSORY INTEREST. The CITY and the OWNER hereby agree and understand that this Agreement may create a possessory interest subject to property taxation and that if such possessory interest is created, the OWNER shall pay the property taxes, if any, levied on such possessory interest. The OWNER shall promptly provide to the CITY upon such payment a written certification, signed by an authorized agent of the OWNER, that all such taxes due, if any, have been paid by the OWNER. 9. PARKING CREDIT. This agreement does not grant, authorize, or otherwise affect in any manner any parking credit to which OWNER mayor may not be entitled as OWNER of a building subject to assessment by the Central City Parking District. 10. HOLD HARMLESS. OWNER 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 rise from OWNER'S operations under this Agreement, whether such operations be by OWNER, its officers, employees, tenants or invitees, or by any one or more persons directly or indirectly employed by or acting as agent for OWNER. OWNER agrees to and JFW:br 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall defend CITY and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law of in equity for damages caused, or alleged to have been caused, by reason of any of the operations hereunder. 11. INSURANCE PROVISION. OWNER agrees to procure and maintain in force during the terms 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 accident occurring in or around said parking spaces, in a minimum amount of $1,000,000.00 for injuries in"any one accident, and $100,000.00 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 in such policy of insurance. Documentation of insurance shall be delivered to City's Risk Management Division. OWNER agrees to obtain a written obligation from the insurers to notify CITY in writing at least thirty (30) days prior to cancellation or refusal to renew any such pOlices. 12. REVOCABLE LICENSE. This Agreement shall constitute a revocable license and does not constitute an easement or covenant running with the land. OWNER shall not assign any JFW:br 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I 26 27 28 rights under this Agreement without the prior written consent of the CITY. The parties contemplate that the parking spaces will be devoted to occupants of OWNER'S building and customers. 13. AMENDMENT. This Agreement may be amended or modified only by written agreement signed by both parties and failure on the party of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or provisions, nor act to release any surety from its obligations under this Agreement. 14. NOTICES. All notices herein required shall be in writing and delivered in person or mailed by certified mail, postage prepaid, addressed as follows: AS TO OWNER AS TO CITY Inland Empire Properties, LTD. 215 N. "D" Street San Bernardino, CA 92401 City Clerk 300 N. "D" Street San Bernardino, CA 92418 AS TO AGENCY Redevelopment Agency 300 North "D" st., 4th Floor San Bernardino, CA 92418 15. VALIDITY. If any terms, 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 JFW:br 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 16. 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. 17. INCORPORATION OF PRIOR AGREEMENTS AND AMENDMENTS. This Agreement contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective except as otherwise incorporated herein. Approved as to form and legal content: BY:~MA ./A ency Co sel City of San Bernardino By: W.R. HOLCOMB, Mayor City of San Bernardino Approved as to form and legal content: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO JAMES F. PENMAN ~~~~/ By: INLAND EMPIRE PROPERTIES, LTD. By: JFW:br 9 tL BXHIBIT "~" Parcel 28 of Parcel Map No. 688, as per plat thereof recorded in Book 25 of Parcel Maps, pages 47 through 58, inclusive, records of the County Recorder of San Bernardino County, State of California. City of San Bernardino INTEROFFICE MEMORANDUM 9001-1902 ~ TO: The Honorable Mayor & Common Council FROM: Marshall W. Julian, city Administrator SUBJECT: Parking Lease Agreement Properties, Ltd. with Inland Empire DATE: January 4, 1990 COPIES: ------------------------------------------------------------- Two questions Agreement for parking spaces were raised regarding the proposed parking Inland Empire Properties, Ltd. to lease 68 in the 5-Level Parking Structures. 1. Why does the Lessee want to pay $11.17 per month, per space, for undesignated parking in an otherwise "free" parking structure? Answer: The Lessee has indicated that tenants preferred to have agreement in place indicating terms of the parking which will them. the prospective a formal parking the location and be available to 2. Suppose the City decided to charge for parking, does this Lease Agreement lock the city in? Answer: No, there is a 30-day cancellation clause. This could be exercised at any time. ~:!:~ City Admin' MWJ/sh (;2 V