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HomeMy WebLinkAbout37-Public Buildings , city OF SAN BERNARD""O - REQUPlIST FOR COUNCIL' AC From: Wayne Overstreet, Supt, Public Buildings/Parking Control Subject: AUTHORIZATION TO EXECUTE PARKING AGREEMENT WITH YOHKO KOBAYAS~I-ARNETT-- DOWNTOWN PARKING DISTRICT LOT #3 Dept: Date: September 24, 1987 Synopsis of Previous Council action: NONE Recommended motion: ADOPT RESOLUTION cc: Raymond D. Schweitzer- City Administrator J,m" F. P,om'"- City Atto,",y ~ ~ Warren Knudson- Director of Finance Roger Q, Hardgrave- Di rector of Pub 1 i c !~orks lA" ~L t1anuel P. Moreno, Jr. Director or Publ j" :;", vj",,~ . Jim Richardson- Deputy City Administrator/Develop~~lure Contact person: Wayne Overstreet Phone: 384-5244 Supporting data attached: Yes Ward: 1 FUNDING REQUIREMENTS: Amount: No Source: (ACCl. NO.) (ACCT. DESCRIPTION) Finance: Council Notes: 15.0262 Agenda Item No. ~1 , CI() OF SAN BERNARDOO - REQUOT FOR COUNCIL AC~ON STAFF REPORT A request to lease ten (10) parking spaces in the Downtown Parking District Lot #3 for the use of the tenants at 444 North Arrowhead Avenue (Yohko Kobayaski- Arnett--Owner) was presented to the Parking Place Commission for Consideration. At its regular meeting of December 4, 1986, the Commission adopted a Policy Guide- line for the leasing of parking spaces in the Downtown Parking District Lots to Businesses located in the District, provided that they keep current all special assessments and business licenses etc. This policy was adopted inorder that the parking needs could be provided for tenants of vacant buildings within the down- town area. The Commission has determined that approval would be in keeping of this policy and recommend approval by the Mayor and Common Council for the fol- lowing consideration and conditions, Lessee pay the City (Downtown Parking District) the sum of $21.40 per month per ~ space, semi-annually, in advance, and this sum be adjusted annually based on changes in the Los Angeles/Long Beach consumer price index limited to a maximum of 10% annually, upon acceptance of this agreement, Lessee deposit with the City $2,140 which would be held as a performance bond which would be applied against the first semi-annual payment, less $350 for cost of signing and striping, terms to be for 20 years, but the City or Lessee could terminate the agreement without cause upon a thirty (30) calendar days written notice from either party. Maintenance and Security would be provided at the same time and manner as all other parking areas owned by the City in the same general area. The commission also recommended that monies over and above the operations, maintenance and Security (0 & M) which is estimated at $5.60 per month per space for FY 87/88, be placed in a capital improvement account for further development of additional parking. Annual estimated revenue for this agreement for this account would be $1,896.00. 75-0264 , . / I" - J,.'f'- 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 .""m"", '-" .r. ..... , .J .....,; RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH YOHKO KOBAYASHI-ARNETT RELATING TO THE LEASE OF PARKING SPACES IN DOWNTOWN PARKING DISTRICT LOT #3. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City an Agreement with Yohko Kobayashi- Arnett relating to the lease of parking spaces in downtown parking district lot #3, which Agreement is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. 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 , 1987, by the following vote, to wit: AYES: NAYS: ABSENT: City Clerk 9/25/87 1 c c ,...." -J "-" 1 The foregoing resolution is hereby approved this day 2 of , 1987. 3 4 Mayor of the City of San Bernardino 5 Approved as to form an legal content: 6 I' " l 7 Attorney 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9/25/87 2 C G ~ ~ 1 PARKING AGREEMENT 2 (Downtown Parking District Lot .3) 3 THIS PARKING AGREEMENT (referred to as "Agreement") is 4 entered into between the CITY OF SAN BERNARDINO, a municipal 5 corporation, referred to as "City", and YOHKO KOBAYASHI-ARNETT, 6 an individual (referred to as "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 444 North Arrowhead Avenue, 11 commonly known as the Beckwith Building. 12 B. Lessee has requested the designation of ten (10) spaces 13 in Parking District Lot .3 for use by employees, tenants and 14 invitees of the owners of the Beckwith Building. 15 C. The Parking Place Commission has determined that the 16 designation of such spaces for use by Lessee is in conformance 17 with its pre-established policy for leasing of parking spaces 18 within the Downtown Parking Place District. 19 2. Incorporation of parkina Commission Po1icv. 20 A. At its regular meeting of December 4, 1986, the Central 21 City Parking Place Commission adopted POlicy Guidelines for the 22 leasing of parking space in Parking District Lots 1, 2, 3 and 4. 23 That policy is as follows: 24 "GENERAL: 25 1. Parking spaces of District Lots 1, 2, 3 & 4 26 can only be leased to businesses located 27 within the District, providing that 28 1 , A . c v '"'" ...,1 \ ~,,;: 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 of all special assessment and business license fees for such business is kept current. 2. The total number of parking spaces leased in each of the District lots shall not exceed 50% 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. 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 Soaces. 2 L- 1 2 3 4 5 6 7 8 9 '..,,,'fI ,P"""', -...I ,,,) City agrees to assign and allocate ten (10) spaces located in Parking Lot 13 for use by officers, employees, tenants and invitees of the Beckwith Building. 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 $21.40 per month per space, payable semi-annually, in advance. This sum shall be adjusted annually based on changes in the Los Angeles/Long Beach 10 consumer price index, provided said adjustment shall be limited 11 to a maximum of ten percent (10%) annually. Upon acceptance of 12 this Agreement, Lessee shall deposit with City the amount of 13 $2,140 which will be held by City as a performance bond. City 14 agrees to apply the performance bond funds toward the first semi- 15 annual payment, less cost of $350 for signing. 16 5. ~. 17 The term of this agreement shall be 236 months commencing 18 upon the effective date of this Agreement as set forth in 19 Paragraph 5, and terminating June 30, 2007, unless earlier 20 terminated by either party as provided herein. 21 6. Termination 22 This lease may be terminated without cause upon thirty (30) 23 calendar days' written notice from either party, mailed to the 24 address indicated for the receipt of notices. 25 7. Effective Date of Aareement. 26 This Agreement shall become effective upon date of 27 execution hereof. 28 3 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 ,.-.. ,......-.... '- '-'" 8. Maintenance and Securitv. City shall provide maintenance and general 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. 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. 9. Terms Sub;ect 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 #3. 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, this Agreement shall terminate as of such date as City's entitlement to use and control of the lot expires . 10. 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 4 . c o o J 1 persons directly or indirectly employed by or acting as agent for 2 Lessee. Lessee agrees to and shall defend City and its elective 3 and appointive boards, commissions, officers, agents and 4 employees from any suits or actions at law or in equity for 5 damages caused, or alleged to have been caused, by reason of any 6 of the operations hereunder. 7 11. Liabi1itv Insurance. 8 Lessee agrees to procure and maintain in force during the 9 term of this Agreement and any extension thereof, at its expense, 10 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 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. 12. Assiqnment. 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 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 /"".'> ........ ,.'....... ....) ,) 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 the Beckwith Building. 13. 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. 14. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: ~ Lessee City of San Bernardino 300 North D Street San Bernardino, CA 92418 15. Validity If any terms, 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. 6 C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 r-, ........ --- '-'" ",./ 16. Entire Aareement There are no understandings or agreements except as herein expressly stated. Any modifications must be in writing. CITY OF SAN BERNARDINO ATTEST: By Mayor city Attorney YOHKO KOBAYASHI-ARNETT By Approved as to form and legal content: 9- Attorney 1 17 18 19 20 21 22 23 24 25 26 27 28 7 ~ ' ~ ,'r." ,~ t, 0", -..01",. . kl'J9 O/stnc! ., . Pl}'"-,f;.r):J Lo! /." \-1,.- /)Q .....:r _ J S"h str~d .----- 1 ~ ~ ~ ... II ( , . I . '" I 'I' i I:' ,.. I 1'1: I III - -,- -,-;-----.-.-.. 1"'-1 , ., 1 I: I . \ ---r-- ----'-- ; --- i ',,', ", ,"~ " ' , ..... ...... . _ ta" SNc.5 '0 ... 1III/tJI(APP40 2 -"UIil/1 sa ALL MY .110 , tllllL ~ --' - - 4Q, S't.rsd ~C.L..:...: ...... /~:.' j-l , , 1 ~ -4 ,