HomeMy WebLinkAbout17- Administrative CIT v, OF SAN BERNARM.O - REOUL •T FOR COUNCIL AC . AON
From: Free Wilson, Assistan t .^Subject: Cross assignment of parking
City Administrator agreement between Levin & Raynes
Dept: Administrative �� s� & Yohko Kobayashi-Arnett for
������ ( ' three (3) parking spaces in down-
Date: March 9 , 1988 town Parking Lot #3
Synopsis of Previous Council action:
October 5, 1987 -- Council adopted Resolution No. 87-360 authorizing the
execution of an agreement with Yohko Kobayaski-Arnett
relating to the lease of ten (10) spaces in downtown
Parking Lot #3 .
December 21, 1987 -- Council adopted Resolution No. 87-430 authorizing
the execution of an agreement with Levin and Raynes
relating to the lease of three (3) parking spaces
in downtown Parking Lot #3 .
Recommended motion:
Adopt resolution.
Signature
Contact person: Fred Wilson/John Wilson son Phone: 5122,/9162
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount: N/A
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
CIT ,r OF SAN BERNARM .d - REQUE.,T FOR COUNCIL AC's .ON
STAFF REPORT
The City has previously approved parking lease agreements
with the following two parties -- Yohko Kobayashi-Arnett for
10 spaces and Levin and Raynes for 3 spaces both in the
downtown Parking Lot #3 .
Levin and Raynes has asked Yohko Kaobayshi-Arnett to exchange
the location of 3 of their assigned parking spaces with the
location of 3 spaces assigned to Levin and Raynes. The
reason for the exchange is simply one of convenience. The
spaces requested by Levin and Raynes from Yohko Kobayaski-
Arnett directly abut the office leased by Levin and Raynes.
Both lessees have agreed to the exchange. The appropriate
amendments to the lease agreements have been prepared and are
attached.
Under the terms of the lease agreements with these 2 parties,
any amendments to the agreements require approval of the
City.
Exhibit 1 indicates the location of the three spaces assigned
to Levin and Raynes which they are requesting to be re-
assigned to Yohko Kobayashi-Arnett. Exhibit 2 indicates the
location of the three spaces assigned to Yohko Kobayashi-
Arnett which they are requesting to be re-assigned to Levin
and Raynes.
This item has been reviewed by the Parking Place Commission.
They recommended Council adoption of the requested re
assignment of the three spaces. It is recommended that the
form motion be adopted.
FW/djn
Attachments
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CROSS-ASSIGNMENT OF PARKING AGREEMENT BETWEEN
3 LESSEES, LEVIN AND RAYNES AND YOHKO KOBAYASHI-ARNETT.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5 SECTION 1. The Mayor of the City of San Bernardino is
6 hereby authorized and directed to execute on behalf of said City
7 a Cross-Assignment of Parking Agreement accepting an assignment
8 of parking rights, each to the other, by Levin and Raynes and
9 Yohko Kobayashi-Arnett as to three parking spaces leased by each
10 from the City in Downtown Parking District Lot No. 3, a copy of
11 which is attached hereto, marked Exhibit "A" and incorporated
12 herein by reference as fully as though set forth at length.
13 SECTION 2. The agreement shall not take effect until fully
14 signed and executed by all parties. The City shall not be
15 obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authorized.
18 I HEREBY CERTIFY that the foregoing resolution was duly
19 adopted by the Mayor and Common Council of the City of San
20 Bernardino at a meeting thereof, held on
21 the day of 1988, by the
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3-3-88 1
JW:ms
1
1 Resolution of the City of San Bernardino Authorizing the
Execution of a Cross-Assignment of Parking Agreement Between
2 Lessees, Levin and Raynes and Yohko Kobayashi-Arnett
3 following vote, to wit:
4 AYES:
5
6 NAYS:
7 ABSENT:
8
9
10 City Clerk
11
12 The foregoing resolution is hereby approved this day
13 of 1988.
14
15 Mayor of the City of San Bernardino
16 Approved as to form
17 and legal content:
18
19 '-fty Attorney
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3-3-88 2
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1
2 CROSS-ASSIGNMENT OF PARKING AGREEMENT
3 (Downtown Parking District Lot #3)
4
5 Recitals
6 LEVIN AND RAYNES, as owners of commercial real property
7 in the City of San Bernardino, located at 454 N. Arrowhead
8 Avenue, are the lessees under a parking agreement with the City
9 of San Bernardino wherein they lease and have been assigned by
10 the City three (3) spaces located in Parking Lot 3 . The
11 designated spaces assigned to LEVIN AND RAYNES pursuant to their
WN 12 agreement with the City are those spaces designated and
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J 2 . YOHKO KOBAYASHI-ARNETT, as owner of commercial
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W � 0 < Arrowhead Avenue, is the lessee under a parking agreement with
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oZ 17 the City of San Bernardino wherein they lease and have been
18 assigned by the City ten (10) spaces located in Parking Lot 3 .
19 The designated spaces assigned to YOHKO KOBAYASHI-ARNETT pursuant
20 to its agreement with the City are those spaces designated and
21
illustrated on Exhibit 2 attached hereto and made a part hereof.
22
3 . For value received LEVIN AND RAYNES and YOHKO
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KOBAYASHI-ARNETT hereby assign to the other those parking spaces
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as set forth below:
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LEVIN AND RAYNES hereby assign to YOHKO KOBAYASHI-
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ARNETT those parking places set forth in Exhibit 1 and designated
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as LEVIN AND RAYNES parking spaces, with the delegation of duties
28
as set forth below:
1
1 YOHKO KOBAYASHI-ARNETT hereby assigns to LEVIN AND
2 RAYNES those parking spaces as set forth in Exhibit 2 , and
3 identified on Exhibit 2 as spaces to be assigned. This cross-
4 assignment between LEVIN AND RAYNES and YOHKO KOBAYASHI-ARNETT
5 hereby assigns from each to the other, all the right, title and
6 interest in and to the parking agreement and contract with the
7 City, both agreements are attached hereto and incorporated herein
8 by reference.
9 By these cross-assignments, of even date herewith,
10 each of the assignors above delegate all of their duties and
11 obligations and performances under their parking agreements with
a 12 the City as if the same obligations by each contract were
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18 performance of such obligations.
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20 ACCEPTANCE OF ASSIGNMENT
21 The City pursuant to the parking agreements with LEVIN
22 AND RAYNES and YOHKO KOBAYASHI-ARNETT and specifically paragraph
23 13 therein, hereby accept the foregoing cross-assignment between
24 LEVIN AND RAYNES and YOHKO KOBAYASHI-ARNETT, and waive any other
25 prior written notice or consent of the City.
26 Said assignment between assignees/lessees and the City
27 is to accommodate and maximize the use of the spaces by and
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2
h
' 1 between the parties hereto.
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4 ACCEPTANCE OF ASSIGNMENT
5 LEVIN AND RAYNES and YOHKO KOBAYASHI-ARNETT hereby
6 accept the foregoing assignment and agree to assume and perform
7 all duties and obligations to be performed by them under the
8 contracts which they have with the City of San Bernardino as if
9 they were the original parties to said lease.
10
11
W 12 Dated: 1988. CITY OF SAN BERNARDINO
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20 Approved as to form
21 and legal content:
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By
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2 Dated: Z. �w 7 LEVIN AND FFAYN
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Randolph y. Levin
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6 Dated: YOHKO KOBAYASHI-ARNETT
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8 B Y �' _ �«
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9 ohko Kobay,shi-Arnett
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EXHIBIT --
I RESOLUTION NO. 87 -430
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 1 . 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 regular meeting thereof, held on
15 the 21st day of December 1987 , by the
16 following vote, to wit:
17 AYES: Council Members Estrada. Reilly. Minor. Miller
18
19 NAYS: Council_ Members Flores . Maudsl y
20 ABSENT: Council Member Pope-Ludlam
21
A�z 7z'-71
23 City Clerk
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(OW`
1 The foregoing resolution is hereby approved this 3n�(
2 day of �l�fp . 1987 .
3
4
Mayor of the Ci y of San Bernardino
S
6 Lproved as to form
and legal content:
7 1
� I
ty Attorney
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�I - 2 -
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
s corporation, referred to as "City" , and LEVIN AND RAYNES , a
6 corporation (referred to as "Lessee" ) .
7 City and Lessee agree as follows : I
8 1 . Recitals .
9 A. Lessee is the owner of commercial real property in the I
i
10 City of San Bernardino, located at 454 North Arrowhead Avenue.
11 B. Lessee has requested the designation of three (3 )
12 spaces in Parking District Lot #3 for use by employees, tenants
13 j and invitees of the owners at 454 North Arrowhead Avenue.
i
14 i C. The Parking Place Commission has determined that the
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15 I designation of such spaces for use by Lessee is in conformance
16 II with its pre-established policy for leasing of parking spaces
I
17 within the Downtown Parking Place District. !
18
j 2 . Incorporation of Parking Commission Policy. i
19 A. At its regular meeting of December 4 , 1986 , the Central
20 City Parking Place Commission adopted Policy Guidelines for the
21 leasing of parking space in Parking District Lots 1 , 2 , 3 and 4 .
22 That policy is as follows:
23 I, "GENERAL:
i
24 h
1 . Parking spaces of District Lots 1 , 2 , 3 & 4
25 �I can only be leased to businesses located '
within the District, providing that of all
26
27 special assessment and business fees for i
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such business is kept current.
�
III
1 2 . The total number of parking spaces leased
2 in each of the District lots shall not
3 exceed 50% of the over-all number of parking
4 spaces provided in each lot.
5 3 . All future leases shall be based on the
6 I prevailing rates as established by the
7 Public Buildings Division. The location
8 of any leased parking spaces is . subject to
9 possible future relocation within the �+
10
same lot.
11 4 . All lease requests and applications shall be
12 I reviewed by the Central City Parking Place
I
1 Commission.
13 II
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14 I PRIORITY:
15 No. 1 - All business establishments located
16 I adjacent to the District lot.
II _ �
No. 2 All business establishments located
17 ,I �
18 li
within approximately 600 feet walking i
19
distance from the District lot.
'
20 No. 3 - All business establishments located
21 in the District.
22 That policy is hereby incorporated herein as a term and
23 I: condition of this lease .
�
!I 3 . Allocation of Spaces .
24 i;
1I City agrees to assign and allocate three (3) spaces
25
II
;I located in Parking Lot #3 for use by officers , employees ,
26 'i
27 tenants and invitees at 454 North Arrowhead Avenue . The
28 designated spaces are illustrated on Exibit "I" attached hereto
I and incorporated herein by reference.
2 4 . Consideration.
3 Lessee shall pay to City the sum of $21 . 40 per month per
4 space, payable semi-annually, in advance. This sum shall be
5 adjusted annually based on changes in the Los Angeles/Long Beach .
6 consumer price index, provided said adjustment shall be limited
7 to a maximum of ten percent (10%) annually. Upon acceptance of
8 this Agreement, Lessee shall deposit with City the amount of
9 $385. 20 which will be held by City as a performance bond. City
10 agrees to apply the performance bond funds toward the first semi-
11 annual payment, less cost of $105 for signing.
12 5 . Term.
13 The term of this Agreement shall commence upon the effective
14 ( date of this Agreement as set forth in Paragraph 7 , and terminate
15 Ion June 30 , 2008 , unless earlier terminated by either party as
16 provided herein. I
I�
17 iI 6 . Termination.
18 I This lease may be terminated without cause upon thirty (30)
19 '!' calendar days ' advanced written notice from either party, mailed
20 to the address indicated for the receipt of .notices .
21 7. Effective Date of Agreement.
is
22 'j This Agreement shall become effective upon date of
23 lexecution hereof.
24 ii 8 . Maintenance and Security.
1-5 City shall provide maintenance and general security at the
26 I1same times and in the same manner as with all other parking areas
i
27 ;, owned by City and in the same ;reneral geographic area. City
28 Ii
� shall keep the common areas striped, lighted, and clear and free f
II �
1 of rubbish and obstructions of any nature. Lessee shall have
2 responsibility for security of the specific spaces leased. City
3 shall not be responsible for removal of unlawfully parked
4 vehicles or for the security of automobiles parked in leased
5 spaces.
6 9. Possessory Interest.
7 The City and the Lessee hereby agree and understand that
8 this Agreement may create a possessory interest subject to
9 property taxation and that if such possessory interest is created, )
10 the Lessee shall pay the property taxes , if any, levied on such
11 possessory interest. The Lessee shall promptly provide to the
12 City upon such payment a written certification, signed by an
13 authorized agent of the Lessee, that all such taxes due, if any,
14. have been paid by the Lessee.
15 10. Terms Subject to Lease Agreement. {
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16 This Agreement is subject to the terms and conditions of
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17 ; any provisions contained in any indenture related to bonds issued
18 Ifor the purchase or expansion of Parking District Lot U . The
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19 parties recognize that City' s right to occupy the subject
20 premises, or to commit the premises to the uses specified in this
21 Agreement, may expire before this Agreement expires by its terms .
22 ' In such event, this Agreement shall terminate as of such date as
�I
23 11city' s entitlement to use and control of the lot expires.
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24 11 . Hold Harmless .
25 Lessee agrees to, and shall, hold City, its elective and
26 ';appointive boards, commissions, officers, agents and employees
;i
27 'harmless from any liability for damage or claims for damage for
28 !'personal injury, including death, as well as from claims for
r
1 property damage which may arise from Lessee ' s operations under
2 this Agreement, whether such operations be by Lessee, its
3 officers, employees , tenants or invitees , or by any one or more
4 persons directly or indirectly employed by or acting as agent for
$ Lessee. Lessee agrees to and shall defend City and its elective
6 and appointive boards, commissions , officers , agents and
7 employees from any suits or actions at law or in equity for
8 damages caused, or alleged to have been caused, by reason of any
g of the operations hereunder.
10 12 . Liability Insurance.
11 Lessee agrees to procure and maintain in force during the
12 I term of this Agreement and any extension thereof, at its expense ,
13 I, public liability insurance adequate to protect against liability
14 for damage claims through public use of or arising out of
15 accidents occurring in or around said parking spaces , in a
16 i minimum amount of $1 , 000 , 000 for injuries in any one accidents ,
17 and $100 , 000 for property damage. Such insurance policies shall
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18 provide coverage for City ' s contingent liability on such claims
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lg 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 obligation from the insurers to notify City in writing at least
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23 30 days prior to cancellation or refusal to renew any such
24 � policies.
25 13 . Assignment.
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This Agreement shall constitute a revocable license and
26 II
does not constitute an easement or covenant running with the
27 I:
�I land. Lessee shall not assign any parking spaces which are the
28
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5 _
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I subject of this Agreement without the prior written consent of
2 the City. The parties contemplate that the parking spaces will
3 be devoted to occupants of Lessee ' s building and customers ,
4 business invitees and employees thereof. Any other use shall be
5 grounds for termination of this Lease. This Agreement
6 automatically terminates upon any sale or any transfer of more
7 than 50% ownership in the building at 454 North Arrowhead Avenue.
8 14 . Amendment.
9 This Agreement may be amended or modified only by written
10 agreement signed by both parties . Failure on the part of either
11 party to enforce any provision of this Agreement shall not be
12 construed as a continuous waiver of the right to compel
13 enforcement of such provision or provisions , nor shall such
14 waiver be construed as a release of any surety from its
15 obligations under this Agreement.
16 15 . Notices.
1
17 All notices herein required shall be in writing and
18 I delivered in person or sent by certified mail , postage prepaid,
I I t
19 I; addressed as follows :
20 City Lessee
21 City of San Bernardino Levin and Raynes
H 300 North D Street 454 North Arrowhead Avenue
22 'j San Bernardino, CA 92418 San Bernardino, CA 92401
23 i 16 . Validity.
24 'I If any terms , condition, provision, or covenant of this
25 Agreement shall to any extent be judged invalid, unenforceable,
26 11' void, or voidable for any reason whatsoever by a court of
27 competent jurisdiction, each and all remaining terms , conditions ,
i
28 promises and covenants of this Agreement shall not be affected
• . fir+" -_ .
1 and shall be valid and enforceable to the fullest extent
2 permitted by law.
3 17. Entire Agreement.
4 There are no understandings or agreements except herein
5 expressly state. Any modifications must be in writing.
6 CITY OF SAN BERNARDINO
7 ATTEST:
8 BY
Mayor
9
10 City Attorney
LEVIN AN ES/^
By
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Approved as to form
14 and legal content:
15 �
�yy Attorney
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1 RESOLUTION N0. 87-360 FILE
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH YOHKO KOBAYASHI-ARNETT RELATING TO
3 THE LEASE OF PARKING SPACES IN DOWNTOWN PARKING DISTRICT LOT 13.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
b '
6 SECTION 1. The Mayor is hereby authorized and directed to
7 execute on behalf of said City an Agreement with Yohko Kobayashi-
8 Arnett relating to the lease of parking spaces in downtown
g parking district lot #3 , which Agreement is attached hereto ,
10 marked Exhibit "A" , and incorporated herein by reference as fully
11 as 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 regular meeting thereof ,
15 held on the 5th day of October 1987 , by the i
i
16 following vote , to wit:
17 AYES: Council Members Reilly, Flores, Maudsley, Minor,
18 Pope-Ludlam j
19 NAYS: clone
20 ABSENT: Council Members Estrada, Miller
21
City Clerk
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9/25/x7
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1 The foregoing resolution is hereby approved this day
2 of October , 19 7.
3
4 May or of a City of San Bernar ino
5 Approved as to form
an legal content:
6 1. A,-
7 Attorney
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low
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 Parking Commission Policy.
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
z
1 of all special assessment and
2 business license fees for such business is kept
3 current .
4 2. The total number of parking spaces leased
5 in each of the District lots shall not
6 exceed 50% of '-the over-all number of parking
7 spaces provided in each lot .
8 3 . All future leases shall be based on the
9 prevailing rates as established by the
10 Public Buildings Division. The location
11 of any leased parking spaces is subject to
12 possible future relocation within the
13 same lot .
14 4 • All lease requests and applications shall be
15 reviewed by the Central City Parking Place
16 Commission.
17 PRIORITYs
18 No. 1 - All business establishments located
19 adjacent to the District lot .
20 No. 2 - All business establishments located
21 within approximately 600 feet walking
22 distance from the District lot.
23 No. 3 - All business establishments located
24 in the District.
25 That policy is hereby incorporated herein as a term and
26 condition of this lease .
27 3 . Allocation of Spaces .
28
2
I City agrees to assign and allocate ten (10) spaces located
2 in Parking Lot !3 for use by officers , employees , tenants and
3 invitees of the Beckwith Building. The designated spaces are
4 illustrated on Exhibit "I• attached hereto and incorporated
5 herein by reference.
6 4. Consideration.
7 Lessee shall pay to City the sum of $21.40 per month per
8 space , payable semi-annually, in advance. This sum shall be
9 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. Term.
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 Agreement.
26 This Agreement shall become effective upon date of
27 execution hereof .
28
I B. Maintenance and Security.
2 City shall provide maintenance and general security at the
3 same times and in the same manner as with all other parking areas
4 owned by City and in the same general geographic area . City
5 shall keep the common areas striped , lighted , and clear and free'
6 of rubbish and obstructions of any nature. Lessee shall have
7 responsibility for security of the specific spaces leased . City
8 shall not be responsible for removal of unlawfully parked
9 vehicles or for the security of automobiles parked in leased
10 spaces .
11 9. Terms Subfect to Lease Agreement .
12 This Agreement is subject to the terms and conditions of
13 any provisions contained in any indenture related to bonds issued
14 for the purchase or expansion of Parking District Lot #3. The
15 parties recognize that City's right to occupy the subject
16 premises , or to commit the premises to the uses specified in this
17 Agreement ; may expire before this Agreement expires by its terms .
18 In such event , this Agreement shall terminate as of such date as
19 City's entitlement to use and control of the lot expires .
20 10. Hold Harmless .
21 Lessee agrees to, and shall , hold City, its elective and
22 appointive boards , commissions , officers , agents and employees
23 harmless from any liability for damage or claims for damage for
24 personal injury, including death, as well as from claims for
25 property damage which may arise from Lessee 's operations under
26 this Agreement, whether such operations be by Lessee , its
27 officers , employees , tenants or invitees , or by any one or more
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1 persons directly orAndirectly 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. Liability 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
11 for damage claims through public use of or arising out of
12 accidents occurring in or around said parking spaces , in a
13 minimum amount of $1.000 ,000 for injuries in any one accidents ,
14 and 5100000 for property damage. Such insurance policies shall
15 provide coverage for City's contingent liability on such claims
16 or losses . City shall be named as an additional insured . A
17 certificate of insurance shall be delivered to City's Risk
18 Management Division . Lessee agrees to obtain a written
19 obligation from the insurers to notify City in writing at least
20 30 days prior to cancellation or refusal to renew any such
21 policies .
22 12. Assignment .
23 This Agreement shall constitute a revocable license and
24 does not constitute an easement or covenant running with the
25 land . Lessee shall not assign any parking spaces which are the
26 subject of this Agreement without the prior written consent of
27 the City. The parties contemplate that the parking spaces will
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OWN
1 be devoted to occupants of Lessee 's building and customers ,
2 business invitees and employees thereof . Any other use shall be
3 grounds for termination of this Lease . This Agreement
4 automatically terminates upon any sale or any transfer of more
5 than 50% ownership in the Beckwith Building .
6 13 . Amendment .
7 This Agreement may be amended or modified only by written
8 agreement signed by both parties . Failure on the part of either
9 party to enforce any provision of this Agreement shall not be
10 construed as a continuous waiver of the right to compel
11 enforcement of such provision or provisions , nor shall such
12 waiver be construed as a release of any surety from its
13 obligations under this Agreement.
14 14 . Notices .
15 All notices herein required shall be in writing and
16 delivered in person or sent by certified mail , postage prepaid ,
17 addressed as follows:
18 City Lessee
19 City of San Bernardino
20 300 North D Street
San Bernardino , CA 92418
21 15. Validity
22 If any terms , condition , provision , or covenant of this
23 Agreement shall to any extent be judged invalid , unenforceable ,
24 void , or voidable for any reason whatsoever by a court of
25 competent jurisdiction , each and all remaining terms , conditions ,
26 promises and covenants of this Agreement shall not be affected
27 and shall be valid and enforceable to the fullest extent
28 permitted by law.
Ago,, Aaw"
1 16. Entire Agreement
2 There are no understandings or agreements except as herein
3 expressly stated . Any modifications must be in writing .
4
5 CITY F SAN BERNARDINO
ATTEST:
6 B ���,
Ode 01 7 Mayor
i:ity Clerk t-
8 YOHKO KOBAYASHI-ARNETT
10 By U
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12 Approved as to form
13 and legal content:
14 -�
15 ty Attorney
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