HomeMy WebLinkAbout19-City Administrator
CIT~ OF SAN BERNARDlh" - REQUE~r FOR COUNCIL ACt.ON
From: Fred A. Wilson, Assistant to
the City Administrator
Dept: City Administration
Subject:
Amendment to parking lease with
Sun Co. in 5 level parking
structure
Date:
October 3, 1988
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Synopsis of Previous Council action:
May 11, 1987 - Mayor and Council approved an agreement with Sun Company
for a temporary parking lease (165 spaces) in five level
structure
Recommended motion:
Adopt Resolution
cc Wayne Overstreet
Signature
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C~,ct person:
Fred A. Wilson
Phone:
5122
Yes
Ward:
1
~pporting data attached:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
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CITy' OF SAN BERNARDI__O - REQUE~ FOR COUNCIL ACTION
STAFF REPORT
The Central City Parking Place Commission at their September
1, 1988 meeting approved the request of the Sun Company for a
reduction of 75 parking spaces leased in the 5-level parking
structure under Resolution 87-153. The Resolution, original-
ly approved by the Mayor and Council in May 1987, authorized
a temporary parking lease of 165 spaces for the Sun Company
in order to accommodate their parking requirements during the
expansion of their facility. The Sun Company has purchased
property at 401 Fourth Street which currently provides
approximately 75 parking spaces for their employees. As
such, they have requested a like reduction in the number of
spaces leased from the city.
The Sun Company has also requested that the term of the
agreement be extended for a six month period as the expansion
of their facility has not yet been completed. The original
terms were eighteen months with a termination date of
November 15, 1988. The attached amendment will extend the
term to May 15, 1989.
Adoption of the form motion is recommended.
FRED WILSON
Assistant to the City Administrator
75-0264
<<he 0 Sun
399 NORTH D STREET
SAN BERNARDINO. CA 92401
(714) 889-9666
October 24, 1988
Mr. Fred Wilson
Assistant to the City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Dear Mr. Wilson:
Pursuant to our telephone conversation, we, The Sun
Company, respectfully request a six-month extension
on Resolution No. 87-153.
According to the original agreement under Resolution
No. 87-153 The Sun Company would lease from the City
of San Bernardino 165 parking spaces in the five-level
parking structure adjacent to the Maruko Hotel.
That agreement has been modified as of October 3, 1988
with the reduction of 75 parking spaces approved by
the Central City Parking Place Commission, the Mayor,
and City Council.
However, our lease expires November 15, 1988, which
prompts this letter to you requesting a six-month
extension.
Please accept our thanks for your consideration and
assistance in this matter.
Sincerely,
BRC:dh
~ Rt(c:::y
e}
GNMIT
II :U WV 9l1JO 8961
'.:1:19 'NIKOY" 'e~3i\J
A WORLD OF DIFFERENT VOICES
WHERE FREEDOM SPEAKS
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1 RESOLUTION
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING AN
AGREEMENT WITH THE SUN COMPANY FOR THE LEASE OF PARKING SPACES IN
3 THE FIVE-LEVEL PARKING STRUCTURE TO DELETE SEVENTY-FIVE SPACES
THEREFROM.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute for and on behalf of
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said City a First Amendment to the Parking Agreement with The Sun
Company as approved by Resolution No. 87-153, a copy of which
amended agreement is attached hereto as Exhibit "A" and
incorporated herein by this reference as though fully set forth
at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino, at a
meeting held on the
day
16
of
19 , by the following vote, to wit:
17
AYES:
Council Members
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NAYS:
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ABSENT:
21
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City Clerk
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The foregoing resolution is hereby approved this
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day of
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Approved as to form
and legal conten
27
Evlyn Wilcox, Mayor
City of San Bernardino
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...
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1
FIRST AMENDMENT TO LEASE AGREEMENT WITH THE SUN COMPANY
(FIVE-LEVEL PARKING STRUCTURE - 5th LEVEL)
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1. This First Amendment to Lease Agreement is entered
into by and between the City of San Bernardino, a municipal
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corporation ("City") and The Sun Company, a California general
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partnership ("Company") and amends that Lease Agreement between
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the parties, as approved by Resolution No. 87-153 of the City of
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San Bernardino ("Agreement") in the following respects only:
A. Paragraph 1 (d) (2) of the Agreement is
amended to read:
"1(d)(2)
Allocation of Spaces.
Ci ty agrees to
assign and allocate ninety (90) 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 "II"
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attached hereto and incorporated hereby by
reference."
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B. Paragraph 4 of the Agreement is amended to
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read:
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"(4) Term. The term of this agreement shall be
twenty-four months commencing upon the commencement
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date of the term as set forth in paragraph 5, and
terminating May 15, 1989, unless earlier terminiated
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by either party as provided herein. This agreement
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/ / /
/ / /
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JFW:ss
October 27, 1988
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FIRST AMENDMENT TC. .EASE AGREEMEN NITH SUN COMPANY
(FIVE-LEVEL PARKING STRUCTURE - 5th LEVEL)
1 may be terminated for any reason upon 30 calendar days written
2 notice from the City to Company."
3
2.
In all other respects, the Agreement between the
4 City and Company shall continue in full force and effect.
5 IN WITNESS WHEREOF, the parties hereto have executed this
6 First Amendment to Lease Agreement with The Sun Company (Five-
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level Parking Structure - 5th Level), on the
day of
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ATTEST:
CITY OF SAN BERNARDINO
City Clerk
Evlyn Wilcox, Mayor
City of San Bernardino
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Approved as to form and
legal content:
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THE SUN COMPANY
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JFW:ss
October 27, 1988
1
RESOLUTION NO. 87-153
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A PARKING AGREEMENT WITH THE SUN COMPANY RELATING TO
3 THE ALLOCATION OF 165 PARKING SPACES ON THE FIFTH LEVEL OF THE
FIVE-LEVEL PARKING STRUCTURE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City a
8 Parking Agreement with The Sun Company relating to the
9 allocation of 165 parking spaces on the fifth level of the five-
10 level parking structure, a copy of which is attached hereto,
11 marked Exhibit "AN and incorporated herein by reference as fully
12 as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
meeting thereof, held on
15 Bernardino at a n adiourned reqular
, 1987, by the following vote,
16 the 11th day of
17 to wit:
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21
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25 of
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May
AYES:
Council Members
Estrada. Flores. Maudslev.
Quiel. Frazier. Strickler
NAYS:
None
ABSENT:
Council Member Reillv
The foregoing resolution
~~~
/ C~Clerk
/~~ day
Mav
, 1987.
Approved as to form:
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lty Pltorney
PARKING AGREEMENT
(Five-Level Parking Structure - 5th Level)
THIS PARKING AGREEMENT (referred to as "Agreement") 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 "Company".
City and Company agree as follows:
1. Recitals.
(a) City and the Redevelopment Agency of the City of
San Bernardino (referred to as "Agency") 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 facility 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 'n' 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."
(c) 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.
(d) Company has requested
the designation of
certain spaces for use by its officers, employees, tenants,
and invitees, and Citv has determined that no adverse imDact
on public Darkinq in the Parking Facilitv will result from
the allocation of these parkinq SDaces.
2.
Allocation of SDaces.
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 "0" 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 eighteen
months commencing upon the effective date of this Agreement
as set forth in Paragraph 5, and terminating 15th November,
1988, thereafter, unless earlier terminated by either party
as provided herein. This lease may be terminated without
cause upon 30 calendar days written notice from the City.
5. Effective Date of Agreement. This Agreement shall
become effective upon execution hereof; the eighteen month
term, however, shall commence on 15th of May, 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. Terms subject to Lease Agreement. 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.
8. 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 as agent for Company.
Company agrees to and shall defend 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.
9. Liability 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.
10. 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
11. 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.
12. 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 "0" Street
The Sun
399 North "On Street
- 5 -
San Bernardino, CA. 92418 San Bernardino, CA.
92401
13. 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.
14. Concurrence bY Redevelopment 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,
'1771 / R
the parties have executed this
Agreement on
,1987.
~/z'4&'64i.
City Clerk
By
p
ATTEST:
THE SUN COMPANY
A California General
Partnership
BYiJ,. AJ;;! tJr ~:~",.., ~
President & Publisher
OF THE CITY OF
BY
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Approved as to form:
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