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HomeMy WebLinkAbout24-City Administrator crt:( OF SAN BERNARDQo - REQUUT FOR COUNCIL AC--lON From: FRED WILSON Assistant to the City Administrator Dept: Admi ni strati on Date: November 20, 1987 Subject: Authorization to Execute Parking Agreement with Levin and Raynes - - Downtown Parking District Lot #3 Synopsis of Previous Council action: None Recommended motion: Adopt Resolution cc: Wayne Overstreet, Supt., Public Buildings /1 'I/i (~~ ' , I _1.\( 'V1-~.:;., , Signature . Contact panon: FRED WILSON Phona: 5122 Supporting data attachad: Yes Ward: 1 FUNDING REQUIREMENTS: Amount: Sourca: (ACCT. NO.) (ACCT. DESCRIPTION) Flnanca: Council Notas: Aoenda Item Nn :J."I - - - - - . ~ - 'C~ OF SAN BERNARoUO - REQUOT FOR COUNCIL AC~ON STAFF REPORT A request to lease three (3) parking spaces in the Downtown Parking District Lot #3 for the use of the tenant at 454 North Arrowhead Avenue (Law offices of Levin and Raynes - owner) was approved by the Parking Place commission at their October 22, 1987 meeting. The Parking Place Commission previously adopted a Policy Guideline which authorized 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 in order to accommodate the parking needs of building tenants within the downtown area. The Commission has deter- mined that approval of the request would be consistent with this policy and recommend approval by the Mayor and Common Council for the following consideration and conditions. Under the terms of the Agreement, the Lessee will 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 AngeleslLong Beach consumer price index limited to a maximum of 10% annually, upon acceptance of this Agreement. The Lessee will deposit with the City $385.20 which would be held as a performance bond which would be applied against the first semi-annual payment less $105 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. . 11-20-87 75-0264 '- - c ,-~ '-" ,-", ) 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LEVIN AND RAYNES RELATING TO 3 THE LEASE OF PARKING SPACES IN DOWNTOWN PARKING DISTRICT LOT #3. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION l. The Mayor is hereby authorized and directed to 7 execute on behalf of said City an Agreement with Levin and Raynes 8 relating to the lease of parking spaces in downtown parking 9 district lot #3, which Agreement is attached hereto, marked 10 Exhibit "A", and incorporated herein by reference as fully as 11 though set forth at length. 12 I HEREBY CERTIFY that the foregoing resolution was duly 13 adopted by the Mayor and Common Council of the City of San 14 Bernardino at a meeting thereof, held on 15 the day of 16 following vote, to wit: 17 AYES: 18 19 NAYS: 20 ABSENT: , 1987, by the 21 22 23 24 25 26 27 28 City Clerk . c 1 2 day of 3 4 5 - - - - - - - - - "'"' ", '-' ~,./ i The foregoing resolution is hereby approved this , 1987. Mayor of the City of San Bernardino 6 pproved as to form and legal content: 7 8 9 10 11 12 13 I \ II i i I II !i I' 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 , .~ " Ii Ii II Ii II I i II I, iI , i ~ Ii - 2 - /, '-" , PARKING AGREEMENT (Downtown Purking District Lot #3) THIS PARKING AGREEMENT (referred to as "Agreement") is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and LEVIN AND RAYNES, a corporation (referred to as "Lessee"). City and Lessee agree as follows: l. Recitals. A. Lessee is the owner of commercial real property in the City of San Bernardino, located at 454 North Arrowhead Avenue. B. Lessee has requested the designation of three (3) spaces in Parking District Lot #3 for use by employees, tenants II I I I, '\1 with its pre-established policy for leasing of parking spaces il II II if and invitees of the owners at 454 North Arrowhead Avenue. C. The Parking Place Commission has determined that the designation of such spaces for use by Lessee is in conformance within the Downtown Parking Place District. 2. Incorporation of Parking Commission Policy. A. At its regular meeting of December 4, 1986, the Central City Parking Place Commission adopted Policy Guidelines for the leasing of parking space in Parking District Lots l, 2, 3 and 4. " Ii That policy is as follows: L I' ,; 'I I, II Ii ]i II :[ II II ,I " , i I: II \1 I "GENERAL: 1. Parking spaces of District Lots l, 2, 3 & 4 can only be leased to businesses located within the District, providing that of all special assessment and business fees for such business is kept current. - - - - - - ,~ , / \0./ 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 I I, " !I I i I[ II :1 II 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. I: " i: " II f condition of this lease. Ii Ii Ii !I I, II il :I , i I " That policy is hereby incorporated herein as a term and 3. Allocation of Spaces. City agrees to assign and allocate three (3) spaces located in Parking Lot #3 for use by officers, employees, tenants and invitees at 454 North Arrowhead Avenue. The designated spaces are illustrated on Exibit "I" attached hereto I - 2 - \.- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 ''''''''' and incorporated herein by reference. 4. Consideration. Lessee shall pay to City the sum of $2l.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 consumer price index, provided said adjustment shall be limited to a maximum of ten percent (lO%) annually. Upon acceptance of this Agreement, Lessee shall deposit with City the amount of $385.20 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 $l05 for signing. 5. Term. The term of this Agreement shall commence upon the effeotive date of this Agreement as set forth in Paragraph 7, and terminate on June 30, 200B, unless earlier terminated by either party as II provided 6. herein. 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 Date of Agreement. This Agreement shall become effective upon date of execution hereof. 8. Maintenance and Security. City shall provide maintenance and general security at the 1\ same iowned i Ishall times and in the same manner as with all other parking areas by City and in the same general geographic area. City keep the common areas striped, lighted, and clear and free - 3 - C 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - - - - - - - -- ....""'"" ,..c""", -" -..J '-' " ./ 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. Possessory Interest. The City and the Lessee hereby agree and understand that this Agreement may create a possessory interest subject to property taxation and that if such possessory interest is created,1 the Lessee shall pay the property taxes, if any, levied on such possessory interest. 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. lO. Terms Subject to Lease Agreement. I This Agreement is subject to the terms and conditions of iany provisions contained in any indenture related to bonds issued I Ifor 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. I: IIIn such event, this Agreement shall terminate as of such date as !iCity'S entitlement to use and control of the lot expires. Ii ll. Hold Harmless. I Lessee agrees to, and shall, hold City, its elective and IlapPointive boards, commissions, officers, agents and employees ~armless from any liability for damage or claims for damage for , i ersonal injury, including death, as well as from claims for - 4 - '"".-' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 t 17 I 18 - '.,.,T , / 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. l2. 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 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 $l,OOO,OOO for injuries in anyone accidents, and $lOO,OOO for property damage. Such insurance policies shall provide coverage for City's contingent liability on such claims 19 II or losses. City shall be named as an additional insured. A ;, 20 certificate of insurance shall be delivered to City's Risk 21 Management Division. Lessee agrees to obtain a written 22 23 24 25 26 27 28 " ii obligation from the insurers to notify City in writing at least I Ii II I 30 days prior to cancellation or refusal to renew any such policies. l3. Assignment. !I I. 'i This Agreement shall constitute a revocable license and does not constitute an easement or covenant running with the I I land. " Lessee shall not assign any parking spaces which are the - 5 - - - '- - - - - - .-... '-' '" 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 the building at 454 North Arrowhead Avenue. l4. 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. I l5. Notices. 'I I All notices herein required shall be in writing and delivered in person or ,[ addressed follows: I, as !! II City sent by certified mail, postage prepaid, Lessee I; :; City of San Bernardino II 300 North D Street : San Bernardino, CA 92418 I I II I I II Levin and Raynes 454 North Arrowhead Avenue San Bernardino, CA 92401 16. 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 - 6 - 1..., 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] " i: Ii 22 Ii , I 23 , I 24 I I 25 II 26 I I 27 28 - ,-"" " and shall be valid and enforceable to the fullest extent permitted by law. l7. Entire Aqreement. There are no understandings or agreements except herein expressly state. Any modifications must be in writing. CITY OF SAN BERNARDINO ATTEST: By Mayor City Attorney LEVIN AND RAYNES By Approved as to form and legal content: , ) ~/M~ I. ,,"~. <;i'liY Attorney { , - 7 - C' f)()UIntown 1/Jr. k;"!9 ~t"'d'..I ~ ~ 4 ~ P// IL ::( , '8r.'1I.'7:J ......{). I7Q '-- 5 tit Street . ~ =-. L~. 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