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· CITY OF SAN BERNr~RDINO -
REQUEST F~R COUNCIL ACTION
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From: Peggy Ducey
Subject: Kaufman-Wald Parking Lease Agreement
Dept: City Administration
Date: January 16, 1992
Synopsis of Previous Council action:
January 6, 1992 : Direct staff to negotiate an agreement with Kaufman-Wald Investment
Company to lease 81 spaces in District Parking Lot 1.
Recommended motion:
Contact person:
Peggy Ducey
Phone: 3643
Ward:
1
Supporting data attached: yes
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No.
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I CITY OF SAN BERNARDINO - REQUEST ~R COUNCIL ACTION
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STAFF REPORT
On January 6, 1992, the Mayor and Common Council directed staff to
negotiate an agreement with Kaufman-Wald Investment Company to
lease 81 spaces in Parking District Lot 1. The attached agreement
leases 81 spaces at a rate of $24.34 per month for 60 months,
payable semi-annually in advance.
The Parking Commission reviewed the agreement at its meeting on
January 16, 1992, and supports with negotiated agreement.
75.0264
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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
4 EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND KAUFMAN-WALD INVESTMENT COMPANY, A CALIFORNIA CORPORATION, BY
5 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:
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SECTION 1.
The Mayor of the City of San Bernardino is
9 hereby authorized and directed to execute, on behalf of said city,
10 a parking agreement with the Kaufman Wald Investment Company. A
11 copy of said agreement is attached hereto marked Exhibit A and
12 incorporated herein by this reference as fully as though set forth
13 at length.
14 SECTION 2. This Agreement shall not take effect until
15 fully signed and executed by both parties. The City shall not be
16 obligated hereunder unless and until the Agreement is fully
17 executed and no oral agreement relating thereto shall be implied or
18 authorized.
19
SECTION 3.
The authorization to execute the above-
20 referenced agreement is rescinded if the parties to the agreement
21 fail to execute it within sixty (60) days of the passage of this
22 resolution.
23
24
I HEREBY CERTIFY that the foregoing resolution was duly
25 adopted by the Mayor and Common council of the City of San
26 Bernardino at a meeting thereof, held on the day
27 of , 1992, by the following vote, to wit:
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RESOLUTION A<:)OVING PARKING AGREEMENT ~ KAUFMAN-WALD
1
2 I HEREBY CERTIFY that the foregoing resolution was duly
3 adopted by the Mayor and Cpmmon Council of the City of San
4 Bernardino at a meeting thereof, held on the day
, 1992 , by the following vote, to wit:
5 of
6
7 Councilmembers
8 ESTRADA
9 REILLY
10 HERNANDEZ
11 MAUDSLEY
ABSTAIN
ABSENT
NAYS
AYES
12 MINOR
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POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 1992 .
W. R. Holcomb, Mayor
City of San Bernardino
= By: ()
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1 PARKING AGREEMENT
2 (Downtown Parking District Lot #1)
3 THIS PARKING AGREEMENT (J;"eferred to as "Agreement") is entered
4 into between the CITY OF SAN BERNARDINO, a municipal corporation,
5 referred to as "City", and Kaufman-Wald Investments (referred to as
6 "Lessee").
7 City and Lessee agree as follows:
8 1. Recitals.
9 A. Lessee is the owner of commercial real property in the
10 City of San Bernardino, located at 570 West 4th Street.
11 B. Lessee has requested the designation of eighty-one (81)
12 spaces in Parking District Lot #1 for use by employees, tenants and
13 invitees of the owners of said building.
14 2. Consideration.
15 Lessee shall pay to city the sum of $24.34 per month per
16 space, payable semi-annually, in advance. This sum shall be
17 adjusted on June 30 of every year for the duration of the
18 Agreement, based on changes in the Los Angeles/Long Beach consumer
19 price index, provided said adjustment shall be limited to a maximum
20 of ten percent (10%) annually. Upon acceptance of this Agreement,
21 Lessee shall deposit with City the amount of $19,720 which will be
22 held by city as a performance bond. city agrees to apply the
23 performance bond funds toward the first semi-annual payment, less
24 cost of $300 for signing.
25 3. Term.
26 The term of this Agreement shall be 60 monthS commencing upon
27 the effective date of this Agreement as set forth in PaJ;"agraph 5,
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1 and terminating February 28, 1997, unless earlier terminated by
2 either party as provided herein.
3 4. Termination.
4 This lease may be terminated without cause upon thirty (30)
5 calendar days' written notice from either party, mailed to the
6 address indicated for the receipt of notices.
7 5. Effective Date of Aareement.
8 This Agreement shall become effective April 1, 1992.
9 6. Maintenance and Securitv.
10 city shall provide maintenance and general security at the
11 same time and in the same manner as with all other parking areas
12 owned by City and in the same general geographic area. city shall
13 keep the common areas striped, lighted, and clear and free of
14 rubbish and obstructions of any nature. Lessee shall have
15 responsibility for security of the specific spaces leased. City
16 shall not be responsible for removal of unlawful parked vehicles or
17 for the security of automobiles parked in leased spaces.
18 7. Terms Subiect to Lease Aareement.
19 This Agreement is subject to the terms and conditions of any
20 provisions contained in any indenture related to bonds issued for
21 the purchase or expansion of Parking District Lot #1. The parties
22 recognize that city's right to occupy the subject premises, or to
23 commit the premises to the uses specified in this Agreement, may
24 expire before this Agreement expires by its terms. In such event,
25 this Agreement shall terminate as of such date as city's
26 entitlement to use and control of the lot expires.
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1 8. Hold Harmless.
2 Lessee agrees to, and shall, hold city, i ts elective and
3 appointive boards, commissio~s, officers, agents and employees
4 harmless from any liability for damage or claims for damage for
5 personal injury, including death, as well as from claims for
6 property damage which may arise from Lessee's operations under this
7 Agreement, whether such operations be by Lessee, its officers,
8 employees, tenants or invitees, or by anyone or more persons
9 directly or indirectly employed by or acting as agent for Lessee.
10 Lessee agrees to and shall defend City and its elective and
11 appointive boards, commissions, officers, agents and employees from
12 any suits or actions at law or in equity for damages caused, or
13 alleged to have been caused, by reason of any of the operations
14 hereunder.
15 9. Liabilitv Insurance.
16 Lessee agrees to procure and maintain in force during the term
17 of this Agreement and any extension thereof, at its expense, public
18 liability insurance adequate to protect against liability for
19 damage claims through public use of or arising out of accidents
20 occurring in or around said parking spaces, in a minimum amount of
21 $1,000,000 for injuries in anyone accidents, and $100,000 for
22 property damage. Such insurance policies shall provide coverage
23 for City's contingent liability on such claims or losses. City
24 shall be named as an additional insured. A certificate of
25 insurance shall be delivered to city's Risk Management Division.
26 Lessee agrees to obtain a written obligation from the insurers to
27 notify City in writing at least 30 days prior to cancellation or
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refusal to renew any such policies.
10. Assianment.
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 50% ownership in said building.
11. 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
17 lessee shall have full rights to challenge the legality or amount
18 of any such tax.
19 12. Amendment.
20 This Agreement may be amended or modified only by written
21 agreement signed by both parties. Failure on the part of either
22 party to enforce any provision of this Agreement shall not be
23 construed as a continuous waiver of the right to compel enforcement
24 of such provision or provisions, not shall such waiver be construed
25 as a release of any surety from its obligations under this
26 Agreement.
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1 13. Notices.
2 All notices herein required shall be in writing and delivered
3 in person or sent by certified mail, postage prepaid, addressed as
4 follows:
5
6
7 City of San Bernardino
8 300 North "0" Street
9 San Bernardino, CA 92418
10
11 14. Validitv.
12 If any terms, condition, provision, or covenant of this
13 Agreement shall to any extent be judged invalid, unenforceable,
14 void, or voidable for any reason whatsoever by a court of competent
15 jurisdiction, each and all remaining terms, conditions, promises
16 and covenants of this Agreement shall not be affected and shall be
17 valid and enforceable to the fullest extent permitted by law.
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Lessee
Kaufman-Wald Investments
1964 Westwood Blvd, suite 430
Los Angeles, CA 90025
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1 RESOLUTION WITH KAUFMAN-WALD RELATIVE TO PARKING SPACES
2 15. Entire Aareement.
3 There are no understand~ngs or agreements except as herein
4 expressly stated. Any modifications must be in writing.
5
6 ATTEST:
7
8
CITY OF SAN BERNARDINO
By
city Attorney
Mayor
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Kaufman-Wald Investments
By
13 Approved as to form
and legal content:
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15 JY0..-... ~- .'
f'C~ty Attorney
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1 PARKING AGREEMENT
2 (Downtown Parking District Lot #1)
3 THIS PARKING AGREEMENT (r\1!ferred to as "Agreement") is entered
4 into between the CITY OF SAN BERNARDINO, a municipal corporation,
5 referred to as "City", and Kaufman-Wald Investments (referred to as
6 "Lessee").
7 city and Lessee agree as follows:
8 1. Recitals.
9 A. Lessee is the owner of commercial real property in the
10 City of San Bernardino, located at 570 West 4th Street.
11 B. Lessee has requested the designation of eighty-one (81)
12 spaces in Parking District Lot #1 for use by employees, tenants and
13 invitees of the owners of said building.
14 2. Consideration.
15 Lessee shall pay to City the sum of $24.34 per month per
16 space, payable semi -annually, in advance. This sum shall be
17 djusted on June 30 of every year for the duration of the
18 greement, based on changes in the Los Angeles/Long Beach consumer
19 rice index, provided said adjustment shall be limited to a maximum
20 f ten percent (10%) annually. Upon acceptance of this Agreement,
21 essee shall deposit with city the amount of $19,720 which will be
22 eld by City as a performance bond. City agrees to apply the
23 erformance bond funds toward the first semi-annual payment, less
24 of $300 for signing.
25 3. Term.
26 This lease shall be in effect only Monday through Friday, from
27 :00 a.m. to 6:00 p.m.
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1 The term of this Agreement shall be 60 months commencing upon
2 the effective date of this Agreement as set forth in Paragraph 5,
3 and terminating February 28, .1997, unless earlier terminated by
4 either party as provided herein.
5 4. Termination.
6 This lease may be terminated without cause upon thirty (30)
7 calendar days' written notice from either party, mailed to the
8 address indicated for the receipt of notices.
9 5. Effective Date of Aqreement.
10 This Agreement shall become effective April 1, 1992.
11 6. Maintenance and Securitv.
12 City shall provide maintenance and general security at the
13 same time and in the same manner as with all other parking areas
14 owned by city and in the same general geographic area. City shall
15 keep the common areas striped, lighted, and clear and free of
16 rubbish and obstructions of any nature. Lessee shall have
17 responsibility for security of the specific spaces leased. City
18 shall not be responsible for removal of unlawful parked vehicles or
19 for the security of automobiles parked in leased spaces.
20 7. Terms Subiect to Lease Aqreement.
21 This Agreement is subject to the terms and conditions of any
22 provisions contained in any indenture related to bonds issued for
23 the purchase or expansion of Parking District Lot #1. The parties
24 recognize that city's right to occupy the subject premises, or to
25 commit the premises to the uses specified in this Agreement, may
26 expire before this Agreement expires by its terms. In such event,
27 this Agreement shall terminate as of such date ~s city's
28
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1 entitlement to use and control of the lot expires.
2 8. Hold Harmless.
3 Lessee agrees to, and shall, hold city, i ts elective and
4 appointive boards, commissions, officers, agents and employees
5 harmless from any liability for damage or claims for damage for
6 personal injury, including death, as well as from claims for
7 property damage which may arise from Lessee's operations under this
8 Agreement, whether such operations be by Lessee, its officers,
9 employees, tenants or invitees, or by anyone or more persons
10 directly or indirectly employed by or acting as agent for Lessee.
11 Lessee agrees to and shall defend city and its elective and
12 appointive boards, commissions, officers, agents and employees from
13 any suits or actions at law or in equity for damages caused, or
14 alleged to have been caused, by reason of any of the operations
15 hereunder.
16 9. Liabilitv Insurance.
17 Lessee agrees to procure and maintain in force during the term
18 of this Agreement and any extension thereof, at its expense, public
19 liability insurance adequate to protect against liability for
20 damage claims through public use of or arising out of accidents
21 occurring in or around said parking spaces, in a minimum amount of
22 $1,000,000 for injuries in anyone accidents, and $100,000 for
23 property damage. Such insurance policies shall provide coverage
24 for City's contingent liability on such claims or losses. City
25 shall be named as an additional insured. A certificate of
26 insurance shall be delivered to City's Risk Management Division.
27 Lessee agrees to obtain a written obligation from the insurers to
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1 notify city in writing at least 30 days prior to cancellation or
2 refusal to renew any such policies.
3 10. Assiqnment.
4 This Agreement shall constitute a revocable license and does
5 not constitute an easement or covenant running with the land.
6 Lessee shall not assign any parking spaces which are the subject of
7 this Agreement without the prior written consent of the city. The
8 parties contemplate that the parking spaces will be devoted to
9 occupants of Lessee's building and customers, business invitees and
10 employees thereof. Any other use shall be grounds for termination
11 of this Lease. This Agreement automatically terminates upon any
12 sale or any transfer of more than 50% ownership in said building.
13 11. Possessorv Interest
14 Parties understand that this agreement herein may create a
15 possessory interest subject to property tax. If a possessory
16 interest is imposed by the County of San Bernardino, lessee agrees
17 to pay such tax. Anything in this paragraph not withstanding
18 lessee shall have full rights to challenge the legality or amount
19 of any such tax.
20 12. Amendment.
21 This Agreement may be amended or modified only by written
22 agreement signed by both parties. Failure on the part of either
23 party to enforce any provision of this Agreement shall not be
24 construed as a continuous waiver of the right to compel enforcement
25 of such provision or provisions, not shall such waiver be construed
26 as a release of any surety from its Obligations under this
27 greement.
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2 13. Notices.
3 All notices herein requi~ed shall be in writing and delivered
4 in person or sent by certified mail, postage prepaid, addressed as
5 follows:
6
7
8 City of San Bernardino
9 300 North "0" Street
10 San Bernardino, CA 92418
11
12 14. Validitv.
13 If any terms, condition, provision, or covenant of this
14 Agreement shall to any extent be judged invalid, unenforceable,
15 void, or voidable for any reason whatsoever by a court of competent
16 jurisdiction, each and all remaining terms, conditions, promises
17 and covenants of this Agreement shall not be affected and shall be
18 valid and enforceable to the fullest extent permitted by law.
~
Lessee
Kaufman-Wald Investments
1964 westwood Blvd, suite 430
Los Angeles, CA 90025
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1 RESOLUTION WITH KAUFMAN-WALD RELATIVE TO PARKING SPACES
2 15. Entire Aareement.
3 There are no understandings or agreements except as herein
4 expressly stated.
Any modifications must be in writing.
5
6 ATTEST:
7
8
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CITY OF SAN BERNARDINO
By
Mayor
City Attorney
Kaufman-Wald Investments
By
13 Approved as to form
and legal content:
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CI,.TY~OF SAN BERNQlDINO - REQUEST F~ COUNCIL ACTION
From: Councilmember Esther Estrada
Subject: Kaufman-Wald Parking Lease
Dept: Council Offices
Date: January 2, 1992
Synopsis of Previous Council action:
March 19, 1991 : Resolution No. 90-86 authorizing the execution of a
parking agreement with Kaufman--Wald Investment Company was approved.
Recommended motion:
Direct staff to reo.negotiate an agreement with Kaufman..Wald Investment
Company to lease 81 spaces in District Parking Lot 1.
- \LQ. ~,,~
Sture
Contact perso
Councilmember Esther Estrada
Phone:
5188
Ward:
1
Supporting data attached: yes
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75.0262
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Agenda Item NO____
-"'.."'......-.,."
C.TY' OF SAN BERNa.DINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
In January, 1990, the Mayor and Common Council approved an
agreement with Kaufman Wald Investment Company regarding parking
requirements for the old Gas Company building. At the time, the
proposed retail complex needed 96 parking spaces, while the
building only had 67 spaces. To satisfy the extra space
requirements, the agreement was to assess Kaufman-Wald $207,350 as
an in-lieu parking fee, to be paid over a 20 year period.
The building is now ready for occupancy, and the developer has an
occupational college as a potential occupant. The college is
willing to sign a 5-year lease, but needs to be assured of 148
parking spaces, which is 52 more than the city requires and
81 more than is actually available on-site. Kaufman-Wald has
requested that the City lease the necessary spaces in Parking Lot
#1, which is directly behind the building.
The Parking commission has a policy to lease up to 50% of the
spaces in district lots. Currently, Lot #1 has 276 spaces, of
which 137 can be leased. However, in 1982, in exchange for Vanir
to develop the building that DPSS now occupies, the city leased
them 120 spaces. Consequently, only 19 spaces are available to be
leased. Kaufman-Wald is requesting the City lease him the 81
spaces necessary to lease his building.
75.0264