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ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Resolution authorizing the
execution of a lease agreement for five- (5)
Dept: Development Services parking spaces with Yohko Kobayashi-
Arnett—District Parking Lot No. 3.
Date: July 10, 2007
File No.: 15.0613-01 MCC Date: July 16, 2007
Synopsis of Previous Council Action:
10/05/1987—Resolution No. 87-360 authorizing the execution of an agreement with Yohko
Kobayashi-Arnett relating to the lease of parking spaces was adopted.
06/07/1988—Resolution No. 88-166 authorizing the execution of an agreement amending the
lease of parking spaces to add four additional spaces was adopted.
09/05/1995 — Resolution No. 95-310 authorizing the execution of a first amendment relating to the
lease of public parking spaces was adopted.
Recommended Motion:
Adopt Resolution
Valerie C. Ross
Contact person: Ryan Sandoval Phone: 5226
Supporting data attached: Staff Report, Map, Letter, Reso Ward: 1
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes: 5'D
M&147
Agenda Item No. 'OL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing the execution of a lease agreement for five- (5)parking spaces with Yohko
Kobayashi-Arnett—District Parking Lot No. 3.
BACKGROUND:
This office recently received a request from Yohko Kobayashi-Arnett, owner of the business
property located adjacent to District Lot No. 3, to renew the lease of five-(5) parking spaces within
District Lot, for another 5 year term. The current lease expires June 30, 2007. Her tenants at 444 N.
Arrowhead Avenue, commonly known as the Beckwith Building, use the spaces. Ms. Kobayashi-
Arnett has leased parking spaces in this lot since 1987.
In 1987, a lease agreement was adopted between the City and Yohko Kobayashi-Arnett for ten (10)
spaces in the amount of$21.40 per month per space, to be adjusted based on changes in the Los
Angeles/Long Beach consumer price index (CPI). The initial lease was for a term of 236 months,
terminating June 30, 2007.
In 1988, a resolution authorizing the execution of an agreement amending the lease of parking spaces
downtown Parking District Lot #3 to add four additional spaces was adopted. All other terms and
conditions of the original Lease Agreement remained unchanged and in full force and effect.
In September 1995, a resolution authorizing the amendment to the lease decreased the number of
spaces from fourteen- (14) back down to ten- (10) spaces. However, in late September 1995, the
number of leased spaces was administratively reduced to only 5 spaces due to a request from the
Lessee.
The proposed lease is for five spaces to be leased at the rate of$25.00 per month per space for a five-
year period and will be adjusted annually based on the CPI. The spaces are currently marked as
"Reserved" and will not require any added funds for improvements.
FINANCIAL IMPACT:
Lease revenue of$750.00 semi-annually(5 parking spaces x$25.00 per space)
RECOMMENDATION:
Adopt Resolution
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PARKING SPACES
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CITY OF SAN dEN^rf,ttUiNv
May 16. 2007 DEVELoPMENr stHVicts
DEPAHTMFNr
.Jeanne `Marie Fitzpatrick
,%lr. Ryan Sandervall
Real Property Specialist
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418-0001
RE: Parking Lease File No. 15-06B-01
Dear Ms. Fitzpatrick and Mr. Sandervall
I am in receipt of your letter in regarding Lease parking for spaces located for use of my
tenants at 444 N. Arrowhead Avenue, San Bernardino. It is my understanding that the
current lease will soon terminate unless I request for additional term.
At this time, I would like to request to renew the lease at the same rental rate and terms
for five spaces at the parking lot behind my building.
Thank you for your assistance to this matter.
Yohko K. Arnett
11602 Arroyo Avenue
Santa /1na, CA 92705-3003
714.731-3153
I
COPY
1
2 RESOLUTION NO.
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING LEASE
4 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOHKO
5 KOBAYASHI-ARNETT AT 444 N. ARROWHEAD AVENUE, IN SAN BERNARDINO.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
9
directed to execute on behalf of the City, a Parking Lease Agreement with Yohko Kobayashi-
10
11 Arnett, relating to certain real property at 444 N. Arrowhead Avenue, San Bernardino, CA. A copy
12 of the Parking Lease Agreement is attached as Exhibit "1" and incorporated herein by reference.
13 SECTION 2. Authorization to execute the Parking Lease Agreement is rescinded if the
14 parties fail to execute it within 60 days of the passage of this Resolution
15
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07/13/07 1
' r
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
1 AUTHORIZING THE EXECUTION OF A PARKING LEASE AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND YOHKO KOBAYASHI-ARNETTE AT 444 N.ARROWHEAD AVENUE,IN SAN
2 BERNARDINO.
a
e
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a meeting thereof
5
held on the day of , 20 , by the following vote, to wit:
F 6
i
7 Council Members: AYES NAYS ABSTAIN ABSENT
8
ESTRADA
9 —
10 BAXTER
11 BRINKER
12 DERRY
13 KELLEY
14
JOHNSON
15
16
MCCAMMACK
-!
17
18 City Clerk
19 The foregoing resolution is hereby approved this day of , 20
20
21
22 PATRICK J. MORRIS, Mayor
23 City of San Bernardino
24 Approved as to Form:
25
26 By.
27 ES F. PENMAN, City Attorney
28
06/21/07 2
EXHIBIT A
PARKING LEASE AGREEMENT
(Downtown Parking District Lot No. 3)
THIS PARKING LEASE AGREEMENT (referred to as "Agreement") is entered into
between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and
YOHKO KOBAYASHI-ARNETT, an individual (referred to as "Lessee).
City and Lessee Agree as follows:
1. Recitals
A. Lessee is the owner of business property located at 444 North Arrowhead
Avenue.
B. Lessee has requested the designation of five (5) spaces in Parking
District Lot No. 3 for use by employees, tenants and invitees of Lessee at said business property.
2. Consideration
Lessee shall pay to the City the sum of$25.00 per month per space, payable semi-
annually, in advance. This sum shall be adjusted on the l"day of July every year commencing
i July 1, 2008, for the duration of the Agreement, based on 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, Lessee shall deposit with the City the amount of
$750.00 which will be held by the City as a performance guarantee, equal to six (6) months lease
payments. Parties agree that if the contract is terminated within the first six (6) months, damages
would be difficult to calculate, and that the performance guarantee would be forfeited as
liquidated damages. City agrees to apply the performance guarantee funds towards the first semi-
annual payment.
07/13/07 1
AGREEMENT WITH YOHKO KOBAYASHI-ARNETT FOR LEASE OF PARKING SPACES-
DISTRICT PARKING LOT NO.3
3. Term
The term of this Agreement shall be 60 (sixty) months commencing on the l 5t day
Of July, 2007 and terminating June 30, 2012, unless earlier terminated by either party as
provided herein.
4. Termination
This lease may be terminated by either party for any reason upon thirty (30) days
written notice, mailed to the address indicated in Section 11.
5. Maintenance and Security
City shall provide maintenance and general security at the same time and in the
same manner as with all other parking areas owned by City within Parking District Lot No. 3 and
in the same general geographic area. Lessee shall have responsibility for security of the specific
spaces leased. City shall not be responsible for removal of unlawfully parked vehicles or for the
security of automobiles parked in leased spaces.
6. Indemnification and Hold Harmless
Lessee shall indemnify, defend and hold harmless City and its elected and
appointed officials, officers, agents and employees from any and all claims, liabilities, expenses,
including attorney's fees, damage to property or injuries to or death of any person or persons
arising out of or in any way related to the use of any of the five (5) designated parking spaces by
Lessee or Lessee's tenants or any of their employees or invitees.
7. Liabilily Insurance
Lessee shall obtain 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 property damage or personal injury occurring in or around said parking spaces, in a
07/13/07 2
AGREEMENT WITH YOHKO KOBAYASHI-ARNETT FOR LEASE OF PARKING SPACES-
DISTRICT PARKING LOT NO.3
minimum amount of$1,000,000 combined single limit,per occurrence and aggregate. Such
insurance policies shall name the City and its elected and appointed boards, officers, agents and
employees as an additional insured. A certificate of insurance shall be delivered to the Real
Property Section, Development Services Department upon the commencement of this Lease.
Said insurance policies shall not terminate nor shall they be canceled nor the coverage reduced
until thirty (30) days after written notice is given to City.
8. Assignment
This Agreement shall constitute a revocable license and does not constitute an
easement or covenant running with the land. Lessee shall not assign any parking spaces which
are the subject of this Agreement without the prior written consent of the City. The parties
contemplate that the parking spaces will be devoted to occupants of Lessee's building and
customers, business invitees and employees thereof. Any other use shall be grounds for
termination of this Lease. This Agreement automatically terminates upon any sale or any transfer
of more than fifty percent (50%) ownership in said building.
9. Possessory Interest
Parties understand that this Agreement herein may create a possessory interest
subject to property tax. If a possessory interest is imposed by the County of San Bernardino,
Lessee agrees to pay such tax. Anything in this paragraph not withstanding, Lessee shall have
full rights to challenge the legality or amount of any such tax.
10. Amendment
This Agreement may be amended or modified only by written agreement signed
by both parties. Failure on the part of either party to enforce any provision of this Agreement
07/13/07 3
AGREEMENT WITH YOHKO KOBAYASHI-ARNETT FOR LEASE OF PARKING SPACES-
DISTRICT PARKING LOT NO. 3
shall not be construed as a continuous waiver of the right to compel enforcement of such
provision or any other provision of this Agreement.
11. Notices
All notices herein required shall be in writing and delivered in person or sent by
certified mail, postage prepaid, addressed as follows:
OiL Lessee
Real Property Section Yohko Kobayashi-Arnett
Development Services Department 11602 Arroyo Avenue
City of San Bernardino Santa Ana, CA 92705-3003
300 North "D" Street, 3`d Floor
San Bernardino, CA 92418
12. Validily
If any term, condition, provision or covenant 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.
13. Entire Agreement
This Agreement constitutes the entire Agreement between the parties and
supersedes any and all prior writings and oral negotiations. This Agreement may be modified
only in writing and signed by the parties in interest at the time of such modification.
///
07/13/07 4
AGREEMENT WITH YOHKO KOBAYASHI-ARNETT FOR LEASE OF PARKING SPACES-
DISTRICT PARKING LOT NO.3
LESSEE: CITY OF SAN BERNARDINO
EXH I IT PY
YOHKO KOBAYASHI-ARNETT FRED WILSON, City Manager
ATTEST:
ANk
RACHEL CLARK, City Clerk
Approved as to form:
L ---)-
MES F. PENMAN, City Attorney
07/13/07 5
PARKING LEASE AGREEMENT
(Downtown Parking District Lot No. 3)
THIS PARKING LEASE AGREEMENT (referred to as "Agreement") is entered into
between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and
YOHKO KOBAYASHI-ARNETT, an individual (referred to as "Lessee).
City and Lessee Agree as follows:
1. Recitals
A. Lessee is the owner of business property located at 444 North Arrowhead
Avenue.
B. Lessee has requested the designation of five (5) spaces in Parking
District Lot No. 3 for use by employees, tenants and invitees of Lessee at said business property.
2. Consideration
Lessee shall pay to the City the sum of$25.00 per month per space, payable semi-
annually, in advance. This sum shall be adjusted on the 1St day of July every year commencing
July 1, 2008, for the duration of the Agreement, based on 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, Lessee shall deposit with the City the amount of
$750.00 which will be held by the City as a performance guarantee, equal to six (6)months lease
payments. Parties agree that if the contract is terminated within the first six (6) months, damages
would be difficult to calculate, and that the performance guarantee would be forfeited as
liquidated damages. City agrees to apply the performance guarantee funds towards the first semi-
annual payment.
07/13/07 1
AGREEMENT WITH YOHKO KOBAYASHI-ARNETT FOR LEASE OF PARKING SPACES—
DISTRICT PARKING LOT NO.3
3. Term
The term of this Agreement shall be 60 (sixty) months commencing on the 1 s` day
Of July, 2007 and terminating June 30, 2012, unless earlier terminated bN either party as
provided herein.
4. Termination
This lease may be terminated by either party for any reason upon thirty (3 0) days
written notice, mailed to the address indicated in Section 11.
5. Maintenance and Security
City shall provide maintenance and general security at the same time and in the
Qsame manner as with all other parking areas owned by City within Parking District Lot No. 3 and
in the same general geographic area. Lessee shall have responsibility for security of the specific
spaces leased. City shall not be responsible for removal of unlawfully parked vehicles or for the
security of automobiles parked in leased spaces.
r
6. Indemnification and Hold Harmless
Lessee shall indemnify, defend and hold harmless City and its elected and
appointed officials, officers, agents and employees from any and all claims, liabilities, expenses,
including attorney's fees, damage to property or injuries to or death of any person or persons
arising out of or in any way related to the use of any of the five (5) designated parking spaces by
Lessee or Lessee's tenants or any of their employees or invitees.
7. Liabilily Insurance
Lessee shall obtain 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 property damage or personal injury occurring in or around said parking spaces, in a
07/13/07 2
<�®IYii
AGREEMENT WITH YOHKO KOBAYASHI-ARNETT FOR LEASE OF PARKING SPACES—
DISTRICT PARKING LOT NO.3
minimum amount of$1,000,000 combined single limit, per occurrence and aggregate. Such
insurance policies shall name the City and its elected and appointed boards, officers, agents and
employees as an additional insured. A certificate of insurance shall be delivered to the Real
Property Section, Development Services Department upon the commencement of this Lease.
Said insurance policies shall not terminate nor shall they be canceled nor the coverage reduced
until thirty(30) days after written notice is given to City.
8. Assignment
This Agreement shall constitute a revocable license and does not constitute an
easement or covenant running with the land. Lessee shall not assign any parking spaces which
are the subject of this Agreement without the prior written consent of the City. The parties
contemplate that the parking spaces will be devoted to occupants of Lessee's building and
customers, business invitees and employees thereof. Any other use shall be grounds for
termination of this Lease. This Agreement automatically terminates upon any sale or any transfer
of more than fifty percent (50%) ownership in said building.
9. Possessory Interest
Parties understand that this Agreement herein may create a possessory interest
subject to property tax. If a possessory interest is imposed by the County of San Bernardino,
Lessee agrees to pay such tax. Anything in this paragraph not withstanding, Lessee shall have
full rights to challenge the legality or amount of any such tax.
10. Amendment
This Agreement may be amended or modified only by written agreement signed
by both parties. Failure on the part of either party to enforce any provision of this Agreement
07/13/07 3
AGREEMENT WITH YOHKO KOBAYASHI-ARNETT FOR LEASE OF PARKING SP:A CES-
DISTRICT PARKING LOT NO.3
shall not be construed as a continuous waiver of the right to compel enforcement of such
provision or any other provision of this Agreement.
11. Notices
All notices herein required shall be in writing and delivered in person or sent by
certified mail, postage prepaid, addressed as follows:
cfty_ Lessee
Real Property Section Yohko Kobayashi-Arnett
Development Services Department 11602 Arroyo Avenue
City of San Bernardino Santa Ana, CA 92705-3003
300 North "D" Street, 3`d Floor
San Bernardino, CA 92418
12. Validi
If any term, condition, provision or covenant 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.
13. Entire Agreement
This Agreement constitutes the entire Agreement between the parties and
supersedes any and all prior writings and oral negotiations. This Agreement may be modified
only in writing and signed by the parties in interest at the time of such modification.
HI
07/13/07 4
REEMT WITH YOHKO KOBAYASHI-ARNETT FOR LEASE OF PARKING SPACES-
TRICT PENARKING LOT NO.3
LESSEE: CITY OF SAN BERNARDINO
YOHKO KOBAYASHI-ARNETT FRED WILSON, City Manager
ATTEST:
RACHEL CLARK, City Clerk
Approved as to form:
ES F. PENMAN, City Attorney
07/13/07 5
MAY
i t=
CITY OF °Ai.
ay 16, 2007 DEVELOPMENT SLHY11-cF
DEPARTM rV-
Jeanne 'marie Fitzpatrick
Mr. Ryan Sandervall
Real,Property Specialist
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418-0001
RE: Parking Lease File No. 15-06B-01
Dear 'Ms. Fitzpatrick and Mr. Sandervall
I am in receipt of your letter in regarding Lease parking for spaces located for use of my
tenants at 444 N. Arrowhead Avenue, San Bernardino. It is my understanding that the
current lease will soon terminate unless I request for additional term.
At this time, I would like to request to renew the lease at the same rental rate and terms
for five spaces at the parking lot behind my building.
"Thank you for your assistance to this matter.
Yohko K. Arnett
11602 Arroyo Avenue
Santa Ana, CA 92705-3003
714.731-3153