HomeMy WebLinkAboutS08-Parking Control
CrC.OF-SAM BERNARDIOo - REQUE()r FOR COUNCIL~
From: Wayne Overstreet, Supt. Public
Buildings/Parking Control
Subject: AUTHORIZATION TO EXECUTE PARKING
AGREEMENT WITH SUN COMPANY--TEMPORARY
PARKING IN FIVE LEVEL STRUCTURE
Dept:
Date:
April 28, 1987
P7-/~
Synopsis of Previous Council action:
NONE
Recommended motion:
ADOPT RESOLUTION
cc: Raymon Schweitzer
Ralph Prince
Warren Knudson
Glenda Saul
Manuel Moreno
D. Anderson
Signature
Contact person: Wayne Overstreet
Phone: 383-5244
Supporting data attached:
Yes
Ward:
1
FUNDING REQUIREMENTS:
Amount: $1,080
Source: $47,668 Revenue to General
Finance: !J r. ('? 1<--1 _
Fund for 18 months, less cost.
Council Notes:
75-0262
Agenda Item No.
5...-9
dCt OP SAN BERNARDQO - REQUAT FOR COUNCIL AcQON
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STAFF REPORT
At the April 23, 1987 meeting of the Parking Place Commission, the
request by the Sun Company, for assistance in obtaining a solution
for temporary parking during major construction to their facility in
order to accommodate a new printing press, was considered.
This would require dislocation of 117 off street parking spaces
presently located in the construction area. This new construction
would also require 48 additional parking spaces to accommodate the
requirements of the San Bernardino Municipal Code.
The securing of these parking spaces is a major condition for them to
obtain a construction permit for this project, which must start on
May 15, 1987, in order to meet their development schedule.
A lease agreement was entered into by the Sun Company and the Rede-
velopment Agency for a parcel at Rialto Avenue and aGa Street, to
meet the Municipal Code requirements for parking. However, this
location is unimproved and would require a variance which would
consume additional time of approximately 60 days to obtain, before
such construction permit could be issued.
Due to this time limit, the leasing
period of approximately 18 months on
Parking Structure was explored.
of temporary
the top level
parking for the
of the 5 Level
It was the consensus of
temporary lease for this
requirements of the San
impose a conflict with the
within the 5 Level Parking
the Commissioners, and the staff, that a
18 month duration could accommodate the
Bernardino Municipal Codes and would not
users and/or lessees of the parking spaces
Structure.
However, the Sun Company would be required to make permanent arrang-
ments for off street parking as outlined in the San Bernardino
Municipal Code, Section 19.56.050 and/or would comply with Section
19.56.290, a Payment of in lieu of $3,000 per parking space, for
approximately $495,000.-
After insuring that such action would meet the Planning Depart-
ment/City requirements, the Parking Place Commission directed the
Public Buildings Superintendent to prepare such lease agreement, not
to exceed 250 parking spaces, on the southwest area of the top level
of the 5 Level Parking Structure, for the Mayor and Council's
approval, as soon as possible in order that the Sun Company may
obtain a construction permit to meet their May 15, 1987 project
starting date.
The Public Buildings Superintendent was further instructed to insure
that the going rate of $21.40 per space, per month, less 25% for
uncovered parking, be included in this agreement, and that the City
75.0264
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or Sun Company could cancel the agreement if a permanent parking
arrangement could be reached at an earlier date. This would provide
approximately $47,668 general fund revenue for the city for this 18
month period.
It would cost approximately $1,080 for the striping and signing of
this area to show the parking spaces as being designated for the Sun
Company would be required to post a $10,000 cash deposit, that would
be held by the City, as a performance bond. Also, remittance of 6
months lease payments by the Sun Company would be required prior to
issuance of a building permit. The $10,000, less cost for signing
and striping, would be credited toward the 6 months advance payment.
It is the recommendation of
staff, that this agreement be
in order that the Sun Company
the Parking Place Commissioners, and
approved at the earliest possible date
may obtain a construction permit.
URGENCY CLAUSE:
This arrangement is of an urgent nature
scheduled construction date and delivery
Also, to avoid the relocation of a major
area.
in order to meet their
of new printing presses.
employer from the downtown
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399 North 0 Street
San Bernardino, Califomia 92401
(714)_
GERALD A BEAN
PRESIDENT AND PUBLISHER
VICE PRESIDENT - GANNETT WEST
NEWSPAPER GROUP
April 27, 1987
Mr. Wayne Overstreet
Superintendent
Public Buildings/Parking Control
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Dear Wayne:
In accordance with instructions of the Parking Place Commission
I am officially requesting that the Sun Company be allowed to lease
temporary parking to accommodate Sun Company employees parking,
on the top of the Five Level Parking Structure, at the south end
of City Hall. We request to lease not fewer than 117 parking spaces
nor more than 250 spaces at the going rate of approximately $21.40
each, less 25 percent for uncovered parking, per month. We would
lease the spaces for about 18 months but request the right to cancel
the lease earlier if our permanent parking is available earlier.
This agreement is to provide necessary parking during major construc-
tion of our facility. The Sun Company will make permanent arrange-
ments after this period of time for permanent parking to meet the
San Bernardino Municipal Code as outlined in Section 19.56.050
or will comply with Section 19.56.290.
It is my understanding from the Parking Place Commission, that
they authorized you, upon receipt of my request, to prepare necessary
lease agreements and present them at the earliest possible date
to the Council for approval in order that we may obtain construc-
tion permits to start our project by May 15, 1987.
If you need any further information or confirmation, please advise.
GB:dh
S):jerelY; A /1 /l ~ '" .
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Gerald A. Bean&J '~;)
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PARKING AGREEMENT
(Five-Level Parking Structure - 5th Level)
THIS PARKING AGREEMENT (referred to as WAgreement.) is
entered into between the CITY OF SAN BERNARDINO, a municipal
corporation, referred to as .City., and THE SUN COMPANY, a
California General Partnership, referred to as .Companyw.
City and Company agree as follows:
1. Recitals.
(a) City and the Redevelopment Agency of the City of
San Bernardino (referred to as WAgency.) executed a Lease
Agreement dated September 4, 1972, wherein the Agency leased
to City for a period of 50 years the Parking Facility adjoin-
ing City Hall, San Bernardino, California, which would
provide necessary public parking to the users of the commer-
cial, civic and cultural complex.
(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 pre-
mises shall be maintained and used as a parking facility
for the benefit of the public patronizinq the Commer-
cial. Business and Cultural Areas which facilitv shall
be available to the public without charqe. 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 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.
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b. City agrees that the use of the leased pre-
mises shall be restricted sOlely to uses consistent
with the purposes specified in subparagraph a. of
this paragraph."
(cl The Lease Agreement, although prohibiting the
imposition of charges upon the public patronizing the Commer-
cial, 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.
(dl Company has requested
the designation of
certain spaces for use by its officers, employees, tenants,
and invitees, and Citv has determined that no adverse impact
on public parkinq in the parkinq Facilitv will result from
the allocation of these parkinq spaces.
2.
Allocation of Spaces.
City agrees to assign and
allocate 165 spaces located on the fifth 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 fourth 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 $21.40 per month per space, less 25% for uncovered parking
payable semi-annually, in advance. This sum shall be adjust-
ed annually based on changes in the Los Angeles/Anaheim/River
side consumer price index, provided said adjustment shall be
limited to a maximum of 7% annually. Upon acceptance of this
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Agreement, Company shall deposit with City the amount of
$10,000 which will be held by City as a performance bond.
City agrees to apply the performance bond funds toward the
first semi-annual payment, less cost for signing ($1,080>.
Company shall pay City, on or before the 15th day of May and
the 15th day of November, 1987, 15th May, 1988, in advance,
an amount equal to six months payment.
4. Term. The term of this agreement shall be eiqhteen
months commencinq upon the effective date of this Aqreement
as set forth in Paraqraph 5, and terminating 15th November,
1988, thereafter, unless earlier terminated by either party
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5. Effective Date of Aqreement. This Ag~ement shall
become effective upon execution hereof1 the eighteen month
term, however, shall commence on 15th of Mav, 1987
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 nature.
7.
R
s.
City may relocate the
Exhibit "I" so
shall
as City
provid
ithin 700
feet
building.
8.
Terms subiect to Lease Aqreement.
This Agreement
is subject to the terms and conditions of that certain lease
between the Redevelopment Agency of the City of San Bernar-
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dino 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, includ-
ing 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, employ-
ees or tenants, or by anyone or more persons directly or
indirectly employed by or acting
Company agrees to and shall defend
as agent for Company.
City and its elective and
appointive boards, commissions, officers, agents and employ-
ees from any suits or actions at law or in equity for damages
caused, or alleged to have been caused, by reason of any of
the operations hereunder.
10. Liabilitv 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
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$1,000,000 for injuries in anyone accident, and $100,000 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 be delivered to City's Risk
Management Division. Company agrees to obtain a written
obligation from the insurers to notify City in writing at
least 30 days prior to cancellation or refusal to renew any
such policies.
11. Assiqnment.
Company shall not assign any parking
spaces which are the subject of this Agreement without first
having received the written consent of City.
City hereby
agrees not to unreasonably withhold its consent. The parties
contemplate that the parking spaces will be devoted to
occupants of Company's building and customers, business
invitees and employees thereof.
subject to strict scrutiny.
Any other use shall be
12. Amendment.
This Agreement may be amended or
modified only by written agreement signed by both parties and
failure on the part 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.
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
300 North "D" Street
The Sun
399 North "0" Street
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San Bernardino, CA. 92418 San Bernardino, CA.
92401
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 RedeveloDment Aqency. The foregoing
provisions
of
this Agreement and
the assignment and
allocation of parking spaces is concurred in by the Redevelop
ment 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 WITNESS WHEREOF, the parties have executed this
Agreement on
,1987.
ATTEST:
CITY OF SAN BERNARDINO
By
Mayor
City Clerk
THE SUN COMPANY
A California General
Partnership
By
President & Publisher
REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO
BY
Chairman
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Approved as to form:
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~ty A torney
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