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HomeMy WebLinkAboutS03-City Administrator \ CITY OF SAN BERNO'DINO - REQUEST FCfI COUNCIL ACTION -. From: pegg:' Ducey Subject: Par~inr: A<free!:lent \Ii th K.1U.f~L, Wa1d Assistant to the City Ad!'ninistn:tor Dept: Date: Septembe r 3, 1992 Synopsis of Previous Council action: 1/21/92 nn Resolutio:1 91-21 alJproved authorizing parking agreement \lith Kaufman Walc1 for the lease of 81 spaces in Parking District Lot #1. Recommended motion: Adopt resolution. 1 ~~7/1 l /L"'({~* Signa e i.../ Contact person: Pe<Jq~_~ Dn r.p::, Phone: 5122 Supporting data attached: Ward: FUNDING REOUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: 7".(P62 Agenda Item No. ,S-,.g CITY OF SAN BERtODINO - REQUEST ()t COUNCIL ACTION STAFF REPORT In January, 1992, the Mayor and Common Council approved an agreement with Kaufman-Wald Investment company to lease 81 spaces in District Parking Lot #1. At the time, Mr. Kaufman had an occupational college as a potential tenant, but the college would not sign a lease unless adequate parking was assured. After the Council's approval, a copy of the lease agreement was sent to Mr. Kaufman, but it was not signed within the required sixty days following Council's approval (see Attachment A, letter from Mr. Kaufman). He is now requesting that the Council re- approve the parking agreement so he may lease the building. 75-0264 . SEP 01 '92 14:29 P.2/10 o o ATTACHMENT A Fourth Street Plaza Retail Center, Ltd. 1964 S. W.stwood Boulevard 1430 Lo. Angele., california 90025 September 1, 1992 W.R. Bob Holcoab The Honorable Mayor of San Bernardino ci ty Hall 300 N liD" street San Bernardino, Ca 92418 Re: Parking agreement reinstatement 570 West Fourth Street Dear Mayor Holcomb, I am writing this letter to formally request that the city council reapprove ResOlution No. 92-21 as quickly as possible authorizing a parking agreement and designation of eighty-one (81) spaces in Parking District #1 to the old Gas Company facility at 570 West Fourth street. In March, 1992, I was forced to let this resolution lapae as the intended major tenant, Concorde Technical College, indefinitely postponed finalizing their lease with us due to their fears that legislation pending in the U.S. Congress would have reshaped their business irreparably. Last month, the college informed us that it has satisfied its fears and is prepared to sign a long t.erm leas. with us, Subject to the cit.y readopting the parking lease agreement and our securing funds from the City for tenant improvements and other costs. I have this lease now ready for immediate signature pending the City's approvals. AS you lIight be aware, the property is in foreclosure with American Commerce Hational Bank. They are prepared to settle the matter with us if .. can secure this tenant (and UltimatelY, others) for the buildinq. We are in a position to stabilize the property. We need the City's help and cooperation to do it. Pleas. have P8CJCJY Duoey arrange for the City Council to hear this request as soon a8 posaible. Thank you tor your prompt oonsideration to this matter. If you have any questions, please do not hesitate to oontact me. 3EP 01 '92 14 :30 P.3/10 o o y, ce: P89gy Ducey , '~ 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 o o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KAUFMAN WALD INVESTMENT COMPANY, 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 Kaufman Wald Investment Company. A copy of said agreement is attached hereto marked Exhibit "An and incorporated herein by this reference as fully as though set forth at length. SECTION 2. This Agreement shall not take effect until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the Agreement is fully executed and nor 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 days of the passage of this (60) 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 , 1992, by the following vote, to wit: RESOLUTION AU<:)RIZING AGREEMENT WITH KA~N WALD. 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 Counci1members ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER AYES NAYS ABSTAIN ABSENT city Clerk The foregoing resolution is hereby approved this , 1992. Approved as to form and legal content: JAMES F. PENMAN City A~torney I /fl_ By: \,/<' "....." //1 ( / ') t"-:'1.L 'h-~ ; '- day of W. R. Holcomb, Mayor City of San Bernardino -2- . o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PARKING AGREEMENT (Downtown Parking District Lot #1) THIS PARKING AGREEMENT (referred to as "Agreement") is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and Kaufman-Wald Investments (referred to as "Lessee"). city and Lessee agree as follows: 1. Recitals. A. Lessee is the owner of commercial real property in the City of San Bernardino, located at 570 West 4th Street. B. Lessee has requested the designation of eight-one (81) spaces in Parking District Lot #1 for use by employees, tenants and invitees of the owners said building. 2. Consideration. Lessee shall pay to City the sum of $24.34 per month per space, payable semi-annually, in advance. This sum shall be adjusted on June 30 of every year for the duration of the Agreement, 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, Lessee shall deposit with City the amount of $19,720 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 of $300 for signing. 25 3. Term. 26 This shall be in lease 27 6:00 a.m. to 6:00 p.m. 28 effect only Monday through Friday, from . o o 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 The term of this Agreement shall be 60 months commencing upon the effective date of this Agreement as set forth in Paragraph 5, and terminating October 1, 1997, unless earlier terminated by either party as provided herein. 4. Termination. This lease may be terminated without cause upon thirty (30) calendar days' written notice from either party, mailed to the address indicated for the receipt of notices. 5. Effective Date of Aqreement. This Agreement shall become effective October 1, 1992. 6. Maintenance and securitv. 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 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. Lessee shall have responsibility for security of the' specific spaces leased. City shall not be responsible for removal of unlawful parked vehicles or for the security of automobiles parked in leased spaces. 7. Terms Subiect to Lease Aareement. This Agreement is subject to the terms and conditions of any provisions contained in any indenture related to bonds issued for the purchase or expansion of Parking District Lot #1. The parties recognize that 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, 2 . o C) 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 this Agreement shall terminate as of such date as City's entitlement to use and control of the lot expires. 8. Hold Harmless. Lessee 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 arise from Lessee's operations under this Agreement, whether such operations be by Lessee, its officers, employees, tenants or invitees, or by anyone or more persons directly or indirectly employed by or acting as agent for Lessee. Lessee agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees 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. 9. Liabilitv Insurance. Lessee 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 $1,000,000 for injuries in anyone accidents, 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 3 o n .... 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 insurance shall be delivered to City's Risk Management Division. Lessee 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. 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. Possessorv 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. 12. 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 shall not be construed as a continuous waiver of the right to compel enforcement 4 _I_____~-.-.- o o 1 of such provision or provisions, not shall such waiver be construed 2 as a release of any surety from its obligations under this 3 Agreement. 4 13. Notices. 5 All notices herein required shall be in writing and delivered 6 in person or sent by certified mail, postage prepaid, addressed as 7 follows: 8 ci tv Lessee 9 city of San Bernardino 300 North "0" Street 10 San Bernardino, CA 92418 Kaufman-Wald Investments 1964 Westwood Boulevard suite 430 Los Angeles, CA 90025 11 14. Validity. 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 be affected and shall be and enforceable to the fullest extent permitted by law. 17 valid 18 IIII 19 IIII 20 IIII 21 IIII 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 28 5 o rl .. 1 AGREEMENT WITH KAUFMAN-WALD RELATIVE TO PARKING SPACES. 2 3 15. Entire Aareement. 4 There are no understandings or agreements except as herein 5 expressly stated. 6 ATTEST: 7 8 9 city Clerk 10 Any modifications must be in writing. CITY OF SAN BERNARDINO By: Mayor Kaufman-Wald Investments 11 12 By: 13 Approved as to form and legal content: 14 "\ ! -1 15 ,'--;{ - ,</),,(. ~<-. ,cj EyJ Attorney 16 ' 17 18 19 20 21 22 23 24 25 26 27 28 6