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HomeMy WebLinkAbout11- Administration CITY OF SAN BERNARr NO - REQUEST FOR ':OUNCIL ACTION From: Peggy Ducey Subject: Parking Lease Agreement with San Bernardino Associated Dept: Governments Administration Date: September 20 , 1993 Synopsis of Previous Council action: September 9 , 1993 - Central City Parking Place Commission approved the lease of four Parkins; spaces to SANBAG. Recommended motion: Adopt resolution. S�r ture Contact person: Peggy Ducey Phone: 5122 Supporting data attached: yes Ward: 1 FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. CITY OF SAN BERNAR' 'NO - REQUEST FOR ;OUINCIL ACTION STAFF REPORT San Bernardino Associated Governments (SANBAG) has requested to lease four parking spaces in Central City Parking District Lot #3 (see attached map) . SANBAG is placing a modular unit for use as a conference room in their existing parking lot and the development permit is contingent upon replacing the parking spaces lost to the new unit. Spaces will be leased at a rate of $24.34 per space per month, for a total $97. 36 per month. The lease agreement is for five years, however either party can terminate the lease with thirty days written notice. District Lot #3 is not heavily used at this time, so four spaces could be leased without severely impacting open public parking. 75-0264 Is OVIN lbQ O O O t MA A � I ® 0 R ' I 0 � O a I CD J — I ei O `) -- --------- -- I Ln N M 1 y O� O x we �^ OF as o i p Cy N ! O -- *--------- O v � 1 --------------- s O r + ,N 7p 1 RESOLUTION 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO ASSOCIATED 3 GOVERNMENTS TO LEASE FOUR (4) PARKING SPACES IN CENTRAL CITY 4 PARKING DISTRICT LOT /f3. 5 WHEREAS, SANBAG has acquired a modular unit that covers four existing parking 6 spaces; and 7 WHEREAS, the development permit is contingent upon replacing those four spaces; and, 8 WHEREAS, the City of San Bernardino has leased parking spaces in District lots in the 9 past, 10 11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 12 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said 13 14 City a Parking Agreement with San Bernardino Associated Governments, a copy of which is 15 attached hereto and incorporated herein, marked Exhibit "A". 16 SECTION 2. The above-referenced Agreement may only be amended by action of the 17 Mayor and Common Council. 18 SECTION 3. The authorization to execute the above-referenced Agreement is rescinded 19 20 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. 21 22 23 24 25 27 28 ///// 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO ASSOCIATED 2 GOVERNMENTS TO LEASE FOUR (4) PARKING SPACES IN CENTRAL CITY PARKING DISTRICT LOT #3. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a meeting thereof, held on the 7 day of 1993, by the following vote, to wit: 8 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT 9 NEGRETE 10 CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 DEVLIN 14 15 POPE-LUDLAM 16 MILLER 17 18 City Clerk 19 The foregoing resolution is hereby approved this day 20 of 1993. 21 22 TOM MINOR, Mayor City of San Bernardino 23 Approved as to form and legal content: 24 25 JAMES F. PENMAN City Attorney 26 27 By: 2 28 Exhibit A Ark 1 PARKING AGREEMENT 2 (Downtown Parking District Lot #3) 3 4 THIS PARKING AGREEMENT (referred to as "Agreement") is entered into between 5 the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and San 6 Bernardino Associated Governments (referred to as "Lessee"). 7 City and Lessee agree as follows: 8 1. Recitals. 9 A. Lessee is located at 472 North Arrowhead Avenue. 10 11 B. Lessee has requested the designation of four (4) spaces in Parking District Lot#3 12 for use by employees, tenants and invitees of the owners said building. 13 2. Consideration. 14 Lessee shall pay to City the sum of$24.34 per month per space, payable semi-annually, 15 in advance. This sum shall be adjusted on June 30 of every year for the duration of the 16 Agreement, based on changes in the Los Angeles/Long Beach consumer price index, provided 17 18 said adjustment shall be limited to a maximum of ten percent (10%) annually. Upon acceptance 19 of this Agreement, Lessee shall deposit with City the amount of$785.00 which will be held by 20 City as a performance bond, equivalent to six months lease payments and the estimated cost of 21 striping and/or signing the spaces. Parties agree that if the contract is terminated within the first 22 6 months, damages would be difficult to calculate, and that the performance guarantee would 23 be forfeited as liquidated damages. City agrees to apply the performance bond funds toward the 24 25 first semi-annual payment, less cost of signing. 26 3. Term, 27 The term of this Agreement shall be 60 months commencing upon the effective date of 28 ///// r I this Agreement as set forth in Paragraph 5, and terminating October 15, 1998, unless earlier 2 terminated by either party as provided herein. 3 4. Termination, 4 This lease may be terminated without cause upon thirty (30) calendar days' written notice 5 from either party, mailed to the address indicated for the receipt of notices. 6 7 5. Effective Date of Agreement. 8 This Agreement shall become effective October 15, 1993. 9 6. Maintenance and Security. 10 City shall provide maintenance and general security at the same time and in the same 11 manner as with all other parking areas owned by City and in the same general geographic area. 12 City shall keep the common areas striped, lighted, and clear and free of rubbish and obstructions 13 14 of any nature. Lessee shall have responsibility for security of the specific spaces leased. City 15 shall not be responsible for removal of unlawful parked vehicles or for the security of 16 automobiles parked in leased spaces. 17 7. Terms Subject to Lease Agreement. 18 This Agreement is subject to the terms and conditions of any provisions contained in any 19 indenture related to bonds issued for the purchase or expansion of Parking District Lot #3. The 20 21 parties recognize that City's right to occupy the subject premises, or to commit the premises to 22 the uses specified in this Agreement, may expire before this Agreement expires by its terms. 23 In such event, this Agreement shall terminate as of such date as City's entitlement to use and 24 control of the lot expires. 25 26 27 2 28 ///// 1 8. Hold Harmless. 2 Lessee agrees to, and shall, hold City, its elective and appointive boards, commissions, 3 officers, agents and employees harmless from any liability for damage or claims for damage for 4 personal injury, including death, as well as from claims for property damage which may arise 5 from Lessee's operations under this Agreement, whether such operations be by Lessee, its 6 7 officers, employees, tenants or invitees, or by any one or more persons directly or indirectly 8 employed by or acting as agent for Lessee. Lessee agrees to and shall defend City and its 9 elective and appointive boards, commissions, officers, agents and employees from any suits or 10 actions at law or in equity for damages caused, or alleged to have been caused, by reason of any 11 of the operations hereunder. 12 9. Liability Insurance. 13 14 Lessee agrees to procure and maintain in force during the term of this Agreement and 15 any extension thereof, at its expense, public liability insurance adequate to protect against 16 liability for damage claims through public use of or arising out of accidents occurring in or 17 around said parking spaces, in a minimum amount of $1,000,000 for injuries in any one 18 accident, and $100,000 for property damage. Such insurance policies shall provide coverage 19 for City's contingent liability on such claims or losses. City shall be named as an additional 20 21 insured. A certificate of insurance shall be delivered to City's Risk Management Division. 22 Lessee agrees to obtain a written obligation from the insurers to notify City in writing at least 23 30 days prior to cancellation or refusal to renew any such policies. 24 25 26 27 ///// 3 28 ///// 4 1 10. Assignment. 2 This Agreement shall constitute a revocable license and does not constitute an easement 3 or covenant running with the land. Lessee shall not assign any parking spaces which are the 4 subject of this Agreement without the prior written consent of the City. The parties contemplate 5 6 that the parking spaces will be devoted to occupants of Lessee's building and customers, business 7 invitees and employees thereof. Any other use shall be grounds for termination of this Lease. 8 This Agreement automatically terminates upon any sale or any transfer of more than 50% 9 ownership in said building. 10 11. Possessory Interest. 11 Parties understand that this Agreement herein may create a possessory interest subject 12 13 to property tax. If a possessory interest is imposed by the County of San Bernardino, lessee 14 agrees to pay such tax. Anything in this paragraph not withstanding lessee shall have full rights 15 to challenge the legality or amount of any such tax. 16 12. Amendment. 17 This Agreement may be amended or modified only by written agreement signed by both 18 parties. Failure on the part of either party to enforce any provision of this Agreement shall not 19 20 be construed as a continuous waiver of the right to compel enforcement of such provision or 21 provisions, nor shall such waiver be construed as a release of any surety from its obligations 22 under this Agreement. 23 24 25 26 27 4 28 ///// FA ± 1 13. Notices. ® 2 All notices herein required shall be in writing and delivered in person or sent by certified 3 mail, postage prepaid, addressed as follows: 4 City Lessee 5 City Administrator 6 City of San Bernardino San Bernardino Associated Governments 7 300 North "D" Street 472 North Arrowhead Avenue San Bernardino, CA 92418 San Bernardino, CA 92401-1421 8 9 14. Validity. 10 If any terms, condition, provision, or covenant of this Agreement shall to any extent be 11 judged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of 12 competent jurisdiction, each and all remaining terms, conditions, promises and covenants of this 13 14 Agreement shall be affected and shall be valid and enforceable to the fullest extent permitted by 15 law. 16 17 18 19 20 21 22 23 24 25 26 27 ///// 5 28 ///// 1 AGREEMENT WITH SAN BERNARDINO ASSOCIATED GOVERNMENTS, RELATIVE 2 TO PARKING SPACES. 3 15. Entire Agreement. 4 There are no understandings or agreements except as herein expressly stated. Any 5 modifications must be in writing. 6 7 8 ATTEST: CITY OF SAN BERNARDINO 9 10 By: 11 City Clerk TOM MINOR, Mayor 12 13 SAN BERNARDINO ASSOCIATED GOVERNMENTS 14 15 By: 16 17 18 19 Approved as to form and legal content: 20 21 JAMES F. PENMAN, City Attorney 22 23 BY: 24 25 26 27 6 28