HomeMy WebLinkAboutR08-Redevelopment Agency
. REDEVELOPMENT AGEt(5Y-REQUEST FOR COMrl(jSION/COUNCIL ACTION
From: Glenda Saul, Executive Director
Subject: REQUEST OF JOHN LONERGAN TO PURCHASE
PUBLIC PARKING LOT PROPERTY
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DIIt8:
Redevelopment Agency
May 10, 1988
Synopsis of Previous Commission/Council ection:
83-09-19 Community Development Commission Resolution 4507 - Authorizing initiation
of exchange of lands by public hearing.
83-10-24 Joint Public Hearing - Exchange of Lands/Substitute Parking-Central City
Parking District.
88-05-18 City Resolution 88-112 - Approving lease of parking spaces.
Rscommended motion: (COMMUNITY DEVELOPMENT COMMISSION)
Move that the Community Development Commission deny Mr. Lonergan's request to purchase
Public Parking Lot Property without substitution.
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Signature
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Contact person:
Glenda Saul/Sandra A. Lowder
FUNDING REQUIREMENTS:
Amount: $
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Phone: 383-5081
1st
Werd:
Project: CCN
Dete: May 16, 1988
Supporting dllt8 etteched:
YES
No lIdverse Impact on City:
Council Notes:
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Agenda Item No -,
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srAFF REPORr
The Redeve10pment Committee and staff recommend that the Commission deny Mr.
Lonergan's request to purchase property in Publ.1c Parking Lot No.3 without supplying
substitute property.
BACKGROUND :
Section 15 of the lease agreement between the Redeve10pment Agency (the owner
of the parking 1ots) and the City of San Bernardino (the operator of the
parking 1ots) states that any reduction of the number of parking spaces must
be accounted for in one of two waysI
1. Supp1ying substitute property for any property removed from the Leased
PrelDises, or
2. Deposit with the Fiscal. Agent an al.iquot portion of the bonds which
were used to purchase the property.
In 1983 Mr. Michael. and James Lonergan initiated an attempt to purchase a
l.arge portion of the publ.1c parking 10t behind the Lonergan Building. An
engineer's report located suitable substitution parking for the Lonergans to
purchase as rep1acement for the publ.1c parking 10t property they wished to buy
(al.ternative number 1 from above).
At a joint publ.1c hearing, he1d on October 24, 1983, the Redevel.opment Agency
was authorized to purchase the rep1acement property which the Lonergan's cou1d
then pay for. The Agency made the purcha8e but the Lonergan's never bought
the 1and from the Agency. Instead, private property next to the Lonergan
Building was purchased by the Lonergans to use as parking. rh1s left the
Redevelopment Agency owning more parking property than it had planned on but
this property was eventually used as rep1acement parking for another project.
On May 7, 1987, Mr. Lonergan requested a hearing in front of the Parking Place
Commission to request the purchase of 14 parking spaces behind his building.
At the May meeting, the Parking Pl.ace Commission recommended that Mr. Lonergan
1ease rather than buy the 14 parking spaces he fe1t he needed.
On February 25, 1988 Mr. John B. Lonergan again requested that the Parking
Pl.ace Commission grant him it's approval in his attempt to purchase 14 parking
spaces in Public Parking Lot #3. At this time Mr. Lonergan elected to pursue
al.ternative number 2 from above (providing an aliquot portion of the bonds as
payment for the property in lieu of providing for replacement). The Parking
P1ace Commission again recommended that Mr. Lonergan request a long-term lease
for 14 spaces in l.1eu of purchasing the 14 spaces. The Parking Place
Commission al.so recommended that any purchase be considered only when the
Parking District was expanded.
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The results of a recent survey reveal that all of the downtown public parking
is being fully occupied which would indicate that more, not less, public
parking is needed downtown. If Mr. Lonergan is allowed to purchase public
parking then other landlords could follow this precedent thereby further
reducing the public parking available downtown.
On the 18th of April, the City Council approved the leasing of 14 parking
spaces to John B. Lonergan. Meanwhile, on the 8th of April, Mr. Lonergan's
letter requesting the purchase of the 14 parking spaces behind his building
arrived at the Redevelopment Agency.
Attached are the minutes of the Parking Place Collllll1ssion for February
25, 1988; the minutes of the April 18, 1988 City Council Meeting; the request
for Council Action to authorize the lease; the Parking Agreement (lease)
approved by the City Council on the 18th of April as recollllended by the
Parking Place Collllll1ssion; and the letter of the 7th of April from Mr. Lonergan
to the Redevelopment Agency requesting the purchase of ,the fourteen parking
spaces.
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MINUIl!
CENTRAL CITY PARKING PLACE COMMISSION
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February 25, 1988
The meeting was called to order at 9:30 a.m., in the Water Board Room, Fifth
Floor of City Hall, by Chainman Webster.
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"EMBERS PRESENT
MEMBERS A8SENT
OTHERS PRESENT (Cont.)
George Webster
Nick Coussoul1s
Dorene Dominguez,
Ray Fox
Ed Gardner
Art Lindholm
Erven Tallman
Bob Curci Vince Yzaguirre, Vanir Dev.
Loren Walters Ann Harris, Main Street Hgr.
Don Kleinhesselink, RDA
OTHERS PRESENT John Wilson
Fred Wfl son
John Lonergan Wayne Overstreet
H. S. Brown Ge Kl tt
Tony Valencia, CC Mall ne.l
Sgt. Mike Kinsman, Security
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1. APPROVAL OF MINUTES. . .
Motion:
That the Minutes of the meeting held on January 28, 1988,
as submitted in typewritten form, be approved.
Moved by:
Ray Fox
Seconded by: Art Lindholm
c::; Motion carried unanimously.
2. REQUEST OF JOHN LONERGAN TRUST TO PURCHASE PORTIONS OF PARKING LOT #3, NORTHEAST
CORNER OF 4TH AND "0" STREETS.. . John Lonergan
Mr. John Lonergan was present at the meeting and spoke in his own behalf. A
plot plan showing the location of fourteen (14) spaces Mr. Lonergan is interested
in purchasing was presented for review. The property is more particularly des-
cribed in a letter dated January 7, 1988, from Waelder Realty Company, Inc.
Mr. Lonergan stated he would like to acquire 14 spaces in parking Lot #3 for
private parking for his building. The tenants of his building at 4th and "0"
are Dean Witter; Jacobs & McDermith, and Parker; and Stanbury, McGee, Babcock
& Combs. Mr. Lonergan further described the wall he proposed to build around
the 14 spaces if his acquisition request was granted.
Fred Wilson explained that in order to accommodate Mr. Lonergan's request he
would have to provide in-kind substitute parking to offset the 14 spaces that
would be lost to the district through this purchase. Because of the potential
cost and associated difficulties of providing substitute parking, the Commission
determined that the only option a~ this time would be to enter into a long-term
lease agreement. It was also noted that Mr. Lonergan's request could be acom-
modated at the time an expansion to the Parking District took place.
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February 25. 1988
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Motion:
That the Central City Parking Place Commission recommend that
a long-term lease be negotiated with Mr. 'Lonergan for the
lease of 14 spaces in Parking Lot '3, with a provision in
the agreement that would allow him to purchase the 14 spaces
at the time the Parking District was expanded in order to
accommodate the substitute parking issue, and that the lease
be brought back to the Commission for review prior to sub-
mittal to the Mayor and Council. .
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Moved by:
Erv Tallman
Seconded by: Ray Fox
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Motion carried unanimously.
3. TRANSFER OF PARKING SPACES TO THE CITY FROM THE REDEVELOPMENT AGENCY (CONTINUED
FROM 1-28-88). . . Fred Wilson and Don Kleinhesselink
Don Kleinhesselink. Redevelopment Agency. displayed a layout plan of the 130
parking spaces located in the area between 4th and 5th Streets and "E" and
Arrowhead Avenue, which are owned by RDA, and are to be "transferred to the
City.
The information was given that a jOint public hearing had been set for 11:00
a.m. on March 7, 1988, for the purpose of transferring this property from RDA
to the City.
In back-up information submitted by RDA. a Balance Sheet for the parking
district lots, as of January 1, 1988, indicates:
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Cost of Original Lots
Replacement and Expansion
Total Income
$1,696.322.00
1.095.522.00
$2.791.844.00
1,051,631.00
Cost to Agency (Contribution)
Total Income
(and Contribution) - - - - - $3.843,475.00
Members stated they felt obligated to closely look at any property transactions
in the parking district which could result in assessment increases. Opposition
to the accelerated payback arrangements. initiated by Council for the "Secondary
Roll" on the Parking District, was again expressed, and given as an example.
Staff was directed to review the ultimate disposition of the parking district
after all bonds are repaid. .
Motion:
That the matter involving the transfer of 130 parking spaces
to the City from the Redevelopment Agency be tabled until the
requested information is received.
Moved by:
Ray Fox
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Seconded by: Ed Gardner
Motion carried unanimously.
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City Clerk stated that no protests had been received.
A property owner of Lots 27 and 28 immediately south
of the subject alley spoke in support of the vacation.
RES. 88-111 - A RESOLUTION OF THE CITY OF
SAN BERNARDINO ORDERING THE VACATION OF
THAT CERTAIN EAST WEST ~LLEY LOCATED SOUTH
OF llilTH STREET, EAST OF "H" STREET IN THE
CITY OF SAN BERNARDINO. (21)
City Clerk Clark read the title of the resolution.
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, that the
hearing be closed and the Findings of Fact as set forth in
the Staff Report from Roger G. Hardgrave, Director of
Public Works/City Engineer as to why that certain east
/west alley located south of llilth Street, east of "H"
street should be vacated, be adopted.
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, that fur-
ther reading of the resolution be waived and that said
resolution be adopted.
Resolution No. 88-111 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab-
sent: None.
RES. 88-112 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH JOHN B. LONERGAN RELATING TO
THE LEASE OF PARKING SPACES IN DOWNTOWN
PARKING DISTRICT LOT #3. (5-2)
City Clerk Clark read the title of the resolution.
City Attorney Penman answered questions, stating that
this agreement is a five-year lease which can be extended
for an additional five years. It also has a 311 day ter-
mination clause without cause for either party.
Council Member Estrada made a motion, seconded by
Council Member Reilly and unanimously carried, that fur-
ther reading of the resolution be waived.
Mr Lonergan answered questions, stating he was not
presently leasing the parking spaces in question.
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4/18/88
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Council Member Estrada made a motion, seconded b
Council Member Minor, that said resolution be adopted.
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Resolution No. 88-112 was adopted by the fOllowing
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab-
sent: None.
PUBLIC HEARING - SAAB VS. THE CITY OF SAN
BERNARDINO, SUPERIOR CASE NO. 234561 - SCHOOL
IMPACTION FEES - CONTINUED FROM APRIL 4, 1988
This is the time and place continued to for a public
hearing to discuss the case of Saab vs. the City of San
Bernardino, Superior Case No. 234561, regarding school
Impaction fees. This subject was previously referred to
as Landtech, Inc. and Plaza Development, regarding an
apartment development called Sunpointe Village. (22)
Mayor Wilcox opened the hearing and deferred to
Deputy City Attorney Wilson to proceed with the hearing.
Mr. Frank Ayala, Administrator for the San Bernardino
City Unified School District, stated that it was his
understanding that charges had been levied against the
District, stating that the District had collected money
for profit for a complex that was basically a senior citi-
zens complex where there were no children. He stated that
there were several children living in that complex.
He further stated that the complex is rentable to all
young couples with children. He explained that Bradley
Elementary School is the area and has two portable class-
rooms to accommodate the growth. He stated that the
District collected the money from that complex and used it
in good faith to benefit the children in this School Dis-
trict.
Attorney Gary Smith, representing the company form-
erly known as Landtech, now Saab, stated he had been
corrected previously that there are two or three children
living there, and apologized for the misunderstanding.
Mr. Smith stated that the question before the Council
is whether Saab (Landtech) had adequate notice in how to
comply with the resolution. He referred to the Court's
Statement of Decision, which after having reviewed all the
documentation from 20 hours of meetings made it fairly
clear. He stated that tapes were available. He referred
to past correspondence from former City Attorney Prince in
which there was no definition of the language _ only an
opinion as to what that language meant.
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4/18/88
~ CITY OF SAN BERN()RDINO - REQUEST OR COUNCIL ACTION
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FRED WILSON
Assistant to City Administrator
SU~~:Authorization to execute parking
agreement with John B. Lonergan
downtown parking district Lot
113.
,From:
Dale:
April 11, 1988~
Synopsis of Previous Council ection:
None
Recommended motion:
Adopt resolution.
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cc: Wayne OVerstreet
Signature
Contect penon:
Fred Wilson
Phone:
5122
Supportlnl d.tI .ltlChed:
W.rd:
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FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
F In.nce:
cOO Notn:
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Agenda Item No,
· CITY OF SAN BERtOlDI NO - REQUEST lOR COUNCIL ACTION
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STAFF REPORT
A requ.st to l.as. fourt.en (14) parkinq .pac.s in the
downtown Parkinq Di.trict Lot '3 for the u.. of the tenants
at the Lonerqan Buildinq at 398 We.t Fourth Street was
approved by the Parkinq Place COlllJlli.sion at th.ir March 31,
1988 meetinq.
Th. Parkinq Place COlllJlli..ion pr.viou.ly adopt.d a policy
quideline which authorized the l.asinq of parkinq .pace. in
the downtown parkinq di.trict lots to bu.ine.... locat.d in
the di.trict, provided that they keep current all special
ass...m.nts and bu.ine.. lic.nse., etc. Thi. policy was
adopt.d in ord.r to accolllJllodat. the parkinq ne.ds of buildinq
tenant. . wi thin the downtown area. The. COIIIJIIi.sion has
det.rmin.d that approval of the r.qu..t would- be consistent
with this policy and r.colllJllend approval by the Mayor and
COlllJllon Council for the followinq consideration and
conditions.
Under the terms of the aqreement, the l..see will pay the
City (downtown parkinq di.trict) the .um of $22.34 per month
per .pace, .emi-annually, in advance, and this .um be
adju.ted annually based on chanqes in the Los Anqeles/Lonq
Beach consumer price index limit.d to a maximum of 10%
annually, upon acceptance of this aqreement. The lessee will
deposit with the city $1,876.56 which would be held as a
performance bond which would be applied aqainst the first
semi-annual payment less $490 for cost of siqninq and
stripinq, terms to be for 5 years with an option to extend
the term for an additional 5 years upon mutual aqreement by
both parties. The City or le.see could t.rminate the
aqreement without cause upon a thirty (30) calendar days
written notice from .ither party. Maintenance and security
would be provid.d at the same time and manner as all other
parkinq areas awed by the City in the same qeneral area.
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PARKING AGREEMENT
(Downtown Parking tistrict Lot #3)
THIS PARKING AGREEMENT (referred to as "Agreeltert") is
entered into between the CITY OF SAN BERNADINO, a municipal
corporation, referred to as "City", and John B. Lonergan, as
Trustee of the John B. Lonergan Trust No. 2 (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 398 west Fourth Street.
B. Lessee has requested the designation of Fourteen (14)
spaces in Parking tistrict Lot #3 for use by employees, tenants
and invitees of the owner.
C. The Parking Place Commission has determined that the
designation of such spaces for use by Lessee is in conforma~ce
with its pre-established policy for lea~ing of parking spaces
within the Downtown Parking Place District.
2. Incorporation.2!. !!lrking Commission Policy.
A. At its regular ~eeting of Decemcer 4, 1986, the Central
City Parking Place Commission adopted Policy Guidelines for the
leasing of parking space in Parking District Lots 1, 2, 3 and 4.
That ~olicy is as follows:
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"GENERAL"
1. Parking s~aces of District Lots 1, 2, 3 & 4
can only be leased to busir.esses located
within the District, providing that all
special assessment and business fees for
such businees is ke~t current.
2. The total number of parking spaces leased
ir. each of the District lots shall not
exceed SOt of the over-all number of
parking spaces provided in each lot.
3. All future leases shall be based on the
prevailing rates as established by the
Public Buildings Division. The location
of any leased parking spaces is subject to
possible future relocation within the
same lot.
4. All lease requests and applications shall be
reviewed by the Central City Parking Place
Commission.
PRIORITY:
No.1
All business establishments located
adjacent to the District lot.
No.2
All business establishments located
within approximately 600 feet walking
distance from the District lot.
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No.3
All business establishments located
in the District.
That policy is hereby incorporated herein as a term and
condition of this lease.
3. Allocation of Spaces.
City agrees to assign and allocate Fourteen (14) spaces
located in Parking Lot #3 for use by officers, employees, tenants
and invitees at 398 West Fourth Street, San Bernardino. The
designated spaces are illustrated on Exhibit "I" attached hereto
and incorporated herein by reference.
4. Consideration.
Lessee shall pay to City the sum of $22.34 per month
per space, payable semi-snnually, in advance. This sum shall be
4:) 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, Lessee shall deposit with City the amount of
$1,876.56, 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 $409 for signing.
5. Term.
The term of this Agreement shall be 60 months,
commencing upon the effective date of this Agreement as set forth
in Paragraph 7, unless earlier terminated by either party as
provided herein.
The City Administrator of the City is hereby
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authorized to grant a maximum 60 months extension of this
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agreement, upon written request for same from the Lessee.
The
extension shall be upon such terms as shall then be mutually
agreed upon by the parties.
6. Termination.
This lease may be terminated without cause upon thirty
(30) calendar days' advanced written notice from either party,
mailed to the address indicated for the receipt of notices.
7. Effective Q!!! ~ Agreement.
This Agreement shall become effective upon date of
execution hereof.
8. Maintenance and Security.
City shall provide maintenance and general security at
the same times and in the same manner as with all other parking
4:) 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 responsibilty 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
space.
9. Possessory Interest.
The City and the Lessee hereby agree and undersand
that this Agreement may create a possessory interest subject to
property taxation and that if such possessory interest is
created, the Lessee shall pay the property taxes, if any, levied
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c:> on such possessory intrest. The Lessee shall promptly provide to
the City upon such payment a written certification, signed by an
authorized agent of the Lessee, that all such taxes due, if any,
have been paid by the Lessee.
10. Terms Subject ~ Lease Agreement.
This Agreement is subject to the terms and conditions
of any provisions contained in any indent~re related to bonds
issued for the ~urchase or expansion of Parking District Lot #3.
The parties recognize that City's right to occupy the subject
premi2es, 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 lot expires.
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11. Hold Harmless.
Lessee agrees to, and s~all, 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 Agreeffient, whether such operations be by
Lessee, its officers, employees, tenants or invitees, or by any
one 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
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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.
12. Liability 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 agsinst
liability for damage claims thrcugh 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 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.
Lessee agrees to obtain a
written
obligation from the insurers to notify City in writing at least
30 dsys prior to cancellation or refusal to renew any such
policies.
13. 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,
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business invitees and employees thereof.
Any other use shall be
grounds
for
termination of this Agreement. This Agreement
automatically terminates upon any sale or any transfer of more
than 50% ownership in the building at 398 West Fourth Street.
14. 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 of such provision or provisions, nor shall such
waiver be construed as a release of any surety from its
obligations under this Agreement.
15. Notices.
All notices herein required shall be in writing and
delivered in person or sent by certified mail, postage prepaid,
addressed as follows:
City
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Lessee
John B. Lonergan, as
Trustee of the
John B. Lonergan
Trust No. 2
1103 Bel Air Place
Los Angeles, CA
90077
16. Validity.
If any ter~s, 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
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c:> competent jurisdiction, each and all remaining terms, conditions,
promises and covenatns of this Agreement shall not be affected
and shall be valid and enforceable to the fullest extent
permitted by law.
17. Entire Agreement.
There are no understandings or agreements except herein
expressly stated. Any modificiations must be in writing.
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DATED:
ATTEST:
CITY OF SAN BERNARDINO
City Clerk
Evlyn Wilcox, Mayor
John B. Lonergan,
as Trustee of the John B.
Lonergan Trust No. 2
Approved as to form
and legal content:
City Attorney
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PHN BARTOW LONERGAN
110) 1lEJ..AD.l'LAa
I.C6 ANCIEUS. CAI.IFORNJA IlI077
c:J April 7, 1988
Redevelopment Agency of the
City of San Bernardino
300 North D Street, 4th Floor
San Bernardino, CA 92418
Attention: Glenda Saut, Executive Director
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Gentlemen:
I am the sole trustee of a private trust which i. the
owner of the office building and its private parking lot at
the northeast corner of Fourth and D Streets in San Bernardino.
~he property i. often referred to as the Dean Witter Building
because of that identification on the marque.... .~he tenants
are Dean Witter Reynolds, a securities brokerage fi~, a fi~
of lawyers named Parker, Stanbury (and others), and Jacobs &
HcDermith, certified public aeeountants.
Adjoining the three story building is its private parking
lot (on the east) with fifty-two spaces. All are Occupied
under the building leases. ~he tenants, particularly the account
executives in the brokerage firm, insist that the building must
secure additional unlimited time parking spaces. Such spaces
are sometime. available in Public Parking Lot No.3, whieh ad-
joins the building and its private lot on the north, but other
public use of the public lot unlimited time spaces makes it
impossible for these busy men and women to avoid the necessity
of leaving their desks, phones and client. every couple of hours
in order to change the location of cars in the public lot. ~he
time consumed in making the changes (to avoid being ticketed)
makes for discontent, to say the least, for the individuals and
for economic loss to the employers in the building.
I have now been furnished with a copy of the Parking
Facilities Lease between the Redevelopment Agency and the City,
dated February 1, 1977. ~ec1;ion).S ,.of, ,that Lease provides ~or
a procedure UDder, wh1chC'a.o".._!Qf. ....140 '~'~"....,l,-".".),.e
_l..sed frea tile .uktnl.l...acUul.....Li.;...n4 .olcf~~i;
tbe trustee-owner of the private parking lot for restricted .
use as a part of my private parking lot.
I refer to the second alternative set out in that Section
15, and I enclose a copy of the Section for your convenience.
I Uso enclose.""_~{.w~ ,whic::b !'Ul".'18ist.1n JUldentanding the
4U~W.~~~~~. .'~~~r.. ,,,..~~~-.pr.~l%-M~~ D~..,.t'Il~I..t.t,fI
In considering this offer it may be recalled that the
private owner holds part of the private parking lot subject to
restrictions of record (Declaration of Restrictions) and I
enclose a copy of the recorded document for your convenience.
:...
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Redevelopment Agency
Attention: Ms Saul
April 7, 1988
Page 2
The John B.. Loner.9an Trust No. 2 hereby o~"'e
the )Ott.........Uil....ZU,.. "U\-."''3' described as the We.-t~
198.85 feet''"6f'~he 'South '1.'9 eet 'of 1.bt 3 of Block 3Q. of, the City
of San Bernardino, as shown on the plat recorded in Book 7 of
Maps, at page 1, in the Records of the recorder of San Bernardino
County, the purchase price to be paid on close of escrow to be the
fair market value as determined by one or more professionally ac-
credited, qualified and locally accepted commercial real property
appraisers designated by the Seller, the transaction to be con-
cummated through a customary escrow procedure with customary title
insurance issued on close to the buyer.
The sale and conveyance would be made under the permissive
provisions of alternative (2) set forth in Section 15 of the
Parking Facilities lease mentioned above.
Title to be conveyed would be fee simple, subject only to
(a) an existing easement of record for sidewalk and street pur-
poses over the Westerly 8.75 feet, (b) also, if the immediately
adjoining property on the north is then a public parking lot
(as at present), subject to an easement to be reserved to the
Seller over the East 20 feet of the parcel for ingress and egress
between West Fourth Street and such publiC parking facility, the
easement to continue until such time as, and to terminate at such
time as, such adjoining property is no longer actively used by
the City (or its agency) as a public parking facility, and (c)
subject to an appropriate Disposition and Joint Development
Agreement restricting use to motor vehicle parking until such
time as such adjoining property is no longer actively used as
a public parking facility.
By appropriate agreement, use of the westerly two parking
spaces in the parcel sold would be limited to loading and un-
loading and handicap parking as a part of the public parking
facility, such restricted use to continue only so long as the
immediately adjoining property on the north of the parcel sold
is used and operated as a publiC parking facility.
The agreement last mentioned would also provide that the
buyer and its permittees would have access across and through
Public Parking Lot No. 3 to the several parking spaces not
enclosed within the buyer's private parking lot and which would
be within the nineteen foot strip sold.
This proposal should not be considered as a waiver of the
offer to lease parking spaces recently filed with the City, and
it is suggested that a lease should be made so that the desired
parking can be had to a degree pending action on this offer.
Encls.
.
r r~y~rs,
. It' 1J. liltY/C? ~l(
ohn i~ 'Lonergan,7as Tru\tee
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