Loading...
HomeMy WebLinkAbout12- Administration CITY OF SAN BERNAR'" 1NO - REQUEST FOR ATOUNCIL ACTION From: Peggy Ducey Subject: Parking Agreement with Lier Music Dept: Administration Date: September 24 , 1993 Synopsis of Previous Council action: July 6 , 1993 - Mayor and Common Council directed staff to resolve public parking problems with Lier Music Company. September 8 , 1993 - Central City Parking Place Commission recommended approval of parking agreement with Lier Music Company. Recommended motion: Adopt resolution. ature Contact person:Pegcly Ducey Phone: 5i 9� Supporting data attached: yes Ward: 1 FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. /C9, CITY OF SAN BERNARIFINO - REQUEST FORC;OUNCIL ACTION STAFF REPORT In July, Lier Music owner Jim Robbins addressed the Mayor and Common Council regarding public parking in Parking District Lot #1. Specifically, employees and clients of the Department of Social Services and other surrounding businesses were heavily impacting the District public parking spaces and often spilling into the private parking spaces owned by Lier Music. Mr. Robbins stated that the lack of parking was resulting in a significant loss of business income. Council directed staff to work with Mr. Robbins to resolve the parking issues. In discussions with City and EDA staff, Mr. Robbins requested that the City provide spaces closer to his business frontage. Staff suggested that the City exchange ten of the public parking spaces in Lot #1 for twelve of the spaces owned by Lier Music (see map) . The net gain in public parking would be two extra spaces. The ten spaces for Lier's would be posted with signs indicating 1-hour parking for Lier Music only. The City would monitor the time- limited use and cite when necessary, however would not monitor whether those parking in the spaces are actually Lier customers. The City will not be responsible for the towing of vehicles or for security of automobiles parked in these spaces. The agreement is for a five year period, but either party can terminate the contract with 30-days written notice. Lier Music will be responsible for bringing the twelve private parking spaces up to the standards of the Parking District lots. Striping and signing of the reserved one-hour parking spaces will be paid for by Lier Music. The agreement includes provisions for liability insurance to protect the City against liability for damage claims, as well as a "hold harmless" provision. Mr. Robbins has agreed to the provisions of this agreement. RECOMMENDATION Adopt resolution. 75-0264 ' I , - GOJNT'f OF d l5 WgUL � I � 1 — yCGIN. �JFii¢�IGFi(1 nyp�f yAN 6f.�rlAleblNO _ pApKIN(A 171"Wf II CURRENT PARKING CONFIGURATION it i ; ; , jl I ; li , iilii Iil ' ! 1111 ! 1. UIIH! iill ' I ' ! I I � lil ' I ; ' IIiI , I i IIIIIiiI n Illlll � ili � I I 0� 00 GOMrAN•( C6f r61�I IN �t�Gll.l'f d I LLL ' LOJNTY OF d•b. MOW, I 77, y „" PROPOSED PARKING CONFIGURATI, I V I I I I � i/A Itl :WA :-'•1�6\JP? i i � IIIIII � V-�I �II }� I Sr?aL25 I I �XlhfiNlA 10,�fZKIN(A 171 10f WW I ' ! ..a •Na tsv e. I' IY�TI l li '' t , ; I ! , � lil Illi I . Illil lililf hil Lie,- ►AoLL I I — �• I IIl III III il � il II I II II . III III I "T "Y Cf C 1 RESOLUTION 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LIER MUSIC REGARDING TEN (10) 3 PARKING SPACES IN CENTRAL CITY PARKING DISTRICT LOT #1. 4 WHEREAS, Lier Music has experienced a problem with the use of their private parking 5 spaces by non-customers; and 6 7 WHEREAS, the Mayor and Common Council directed staff to attempt to resolve this 8 concern, 9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 10 SAN BERNARDINO AS FOLLOWS: 11 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said 12 13 City a Parking Agreement with Lier Music, a copy of which is attached hereto and incorporated 14 herein, marked Exhibit "A". 15 SECTION 2. The above-referenced Agreement may only be amended by action of the 16 Mayor and Common Council. 17 SECTION 3. The authorization to execute the above-referenced Agreement is rescinded 18 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this 19 resolution. 20 21 22 ?3 24 25 26 27 28 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LIER MUSIC REGARDING TEN (10) 2 PARKING SPACES IN CENTRAL CITY PARKING DISTRICT LOT #1. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on the 6 day of , 1993, by the following vote, to wit: 7 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT 8 NEGRETE 9 CURLIN 10 11 HERNANDEZ 12 OBERHELMAN 13 DEVLIN 14 POPE-LUDLAM 15 MILLER 16 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of , 1993. 20 21 TOM MINOR, Mayor 22 City of San Bernardino Approved as to form 23 and legal content: 24 JAMES F. PENMAN 25 City Attorney 26 By. 2 27 28 C Exhibit A j PARKING AGREEMENT 2 (Downtown Parking District Lot #1 ) 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 Lier Music Company 6 (referred to as "Lessee" ) . 7 City and Lessee agree as follows: 8 1 . Recitals. 9 A. Lessee is located at 452 North "E" Street. 10 B. Lessee has requested the use of ten ( 10) spaces in 11 Parking District Lot #1 for use by employees, tenants and invitees 12 of the owners of said building, in exchange for the use of twelve 13 ( 12 ) privately-owned spaces located behind Lier Music for public 14 parking use. 15 2. Consideration. 16 Lessee shall have a license for the use of ten ( 10) spaces 17 in District Lot #1 for use by employees, tenants, and invitees. 18 In exchange, City shall have a license for the use of twelve 19 parking spaces currently owned by Lier Music Company which will 20 then be open for public parking use (see Attachment 1 ) . Lessee 21 shall bring the twelve spaces and attendant areas up or cause that 22 they be brought up to the standards of the adjacent Parking 23 District Lot #1 which may include paving, striping and other 24 physical improvements all at no cost to City. At the termination 25 of this Agreement such improvements shall become the property of 26 Lessee. 27 The term of this Agreement shall be 60 months commencing 28 upon the effective date of this Agreement as set forth in DAB/J9 [LMusic.Agr] 1 September 23. 1993 1 Paragraph 5, and termination on 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 5 (30) calendar days ' written notice from either party, mailed to 6 the address indicated for the receipt of notices. 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 11 the same time and in the same manner as with all other parking 12 areas owned by City and in the same general geographic area. City 13 shall keep the common areas lighted, and clear and free of rubbish 14 and obstructions of any nature. Lessee shall be responsible for 15 security of the ten ( 10) spaces leased. City shall not be 16 responsible for removal of unlawful parked vehicles or for the 17 security of automobiles parked in leased spaces. 18 7. Terms Subject to Lease Agreement. 19 This Agreement is subject to the terms and conditions 20 of any provisions contained in any indenture related to bonds 21 issued for the purchase or expansion of Parking District Lot #1. 22 The parties recognize that City' s right to occupy the ten ( 10) 23 spaces, or to commit the premises to the uses specified in this 24 Agreement, may expire before this Agreement expires by its terms. 25 In such event, this Agreement shall terminate as of such date as 26 City' s entitlement to use and control of the lot expires. 27 8. Hold Harmless. 28 Lessee agrees to, and shall, hold City, its elective DAB/j [LMusic.Agr] 2 September 23, 1993 f 1 '\ 1 and appointive boards, commissions, officers, agents and employees 2 harmless from any liability for damage or claims for damage for 3 personal injury, including death, as well as from claims for 4 property damage which may arise from Lessee ' s operations under 5 this Agreement, whether such operations be by Lessee, its 6 officers, employees, tenants or invitees, or by any one or more 7 persons directly to indirectly employed by or acting as agent for 8 Lessee. Lessee agrees to and shall defend City and its elective 9 and appointive boards, commissions, officers, agents and employees 10 from any suits or actions at law or in equity for damages caused, 11 or alleged to have been caused, by reason of any of the operations 12 hereunder. 13 9• Liability Insurance. 14 Lessee agrees to procure and maintain in force during 15 the term of this Agreement and any extension thereof, at its 16 expense, public liability insurance adequate to protect against 17 liability for damage claims through public use of or arising out 18 of accidents occurring in or around said parking spaces, in a 19 minimum amount of $1,000, 000 for injuries in any one accident, and 20 $100, 000 for property damage. Such insurance policies shall 21 provide coverage for City' s contingent liability on such claims or 22 losses. City shall be named as an additional insured. A 23 certificate of insurance shall be delivered to City' s Risk 24 Management Division. Lessee agrees to obtain a written obligation 25 from the insurers to notify City in writing at least 30 days prior 26 to cancellation or refusal to renew any such policies. 27 10. Assignment. 28 This Agreement shall constitute a revocable license and DAB/j [LMusic.Agr] 3 September 23, 1993 1 does not constitute an easement or covenant running with the land. 2 Lessee shall not assign any parking spaces which are the subject 3 of this Agreement without the prior written consent of the City. 4 The parties contemplate that the parking spaces will be devoted to 5 occupants of Lessee' s building and customers, business invitees 6 and employees thereof. Any other use shall be grounds for 7 termination of this Lease. This Agreement automatically 8 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 12 create a possessory interest subject to property tax. If a 13 Possessory interest is imposed by the County of San Bernardino, on 14 Lessee 's rights in the ten ( 10) days, Lessee agrees to pay such 15 tax. Anything in this paragraph not withstanding Lessee shall 16 have full rights to challenge the legality or amount of any such 17 tax. 18 12. Amendment. 19 This Agreement may be amended or modified only by 20 written agreement signed by both parties. Failure on the part of 21 either party to enforce any provision of this Agreement shall not 22 be construed as a continuous waiver of the right to compel 23 enforcement of such provision or provisions, nor shall such waiver 24 be construed as a release of any surety from its obligations under 25 this Agreement. 13. Notices. 26 27 All notices herein required shall be in writing and 28 delivered in person or sent by certified mail, postage prepaid, DAB/j [LMusic.Agr] 4 September 23, 1993 1 addressed as follows: 2 City Lessee 3 City Administrator Jim Robbins City of San Bernardino Lier Music Company 4 300 North "D" Street 452 North "E" Street San Bernardino, CA 92418 San Bernardino, CA 92418 5 14. Validity. 6 If any terms, condition, provision, or covenant of this 7 Agreement shall to any extent be judged invalid, unenforceable, 8 void, or voidable for any reason whatsoever by a court of 9 competent jurisdiction, each and all remaining terms, conditions, 10 promises and covenants of this Agreement shall not be affected and 11 shall be valid and enforceable to the fullest extent permitted by 12 law. 13 15. Entire Agreement. 14 There are no understandings or agreements except as 15 herein expressly stated. Any modifications must be in writing. 16 17 ATTEST: CITY OF SAN BERNARDINO 18 By: 19 City Clerk TOM MINOR, Mayor 20 LIER MUSIC COMPANY 21 By: 22 JIM ROBBINS 23 24 Approved as to form and legal content: 25 JAMES F. PENMAN, 26 City Attorney 27 /:-4� 28 DAB/j [LMusic.Agr] 5 September 23, 1993 Q "ttachment 1 A f 1 i yAN I�jF.i�tJAleI�INO 111 11M yoG►N. yP.I�J1Gfib tom( a� a?fro I I I -- --� HIM Hill fic!y-r:Nlt r�RIVE��/AY III Publ, M 11 Hill P[�rk,ruc Mill IIIIIII III i r 1 I Hill l�iXIINU t�lb��PY Ill 11MIA F I Hill 1 1811 III I I LA I I I 11 1 1 111 1 11111 1 111 1 1 11 HIM ` L,er tw<ic. � I i 0� (APO GOMt%NY OF �6 IN, �'r Attacbmnt I yAN 61r4dAKv0 � �IAfi1N• btK�IGfib {�►�{ I I I I+H] Iv- b� rlp DRIY6m1I� Public Wf. �hsk�n �itlh'�fNGI �°b►(�KIJN61 0!y"fl�l(/( 1 Leer tMnu. 01� GAS GOMrAN`( Of JMlGI i l REVISED _ AGENDA ITEM 12