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HomeMy WebLinkAboutC-1659City of Arcadia Development Services Department Don Penman Deputy City Manager/ Development Services Director 240 West Huntington Drive P.O. Box 60021 Arcadia, CA 91066 -6021 (626) 574 - 5414 (626) 447 - 3309 Fax January 3, 2000 ,IAN 03 I CITY ITY CURK Dr. James Chinn Arcadia Medical Center 65 North First Street Arcadia, CA 91006 Dear Dr. Chinn: SUBJECT: AMC /City Reciprocal Parking Lease Enclosed for your files is one of the two signed originals of the Reciprocal Parking Lease between the City and AMC. Thanks for your help in negotiating and finalizing it. Best of luck and happiness for the Millennium. Sincerely, /4� - Pete Kinnahan Economic Development Administrator PK /bmb Attachments cc: City Clerk (original) , n..i L_ RECIPROCAL PARKING LEASE FOR FULL AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, this Agreement dated May 1, 1999 is made between the City of Arcadia, a corporate body politic of the State of California, hereinafter referred to jointly as "Public Agency" and Arcadia Medical Center, a California general partnership, hereinafter referred to as "Medical Center." The Agreement replaces and succeeds that certain agreement by and between the City of Arcadia and the Arcadia Redevelopment Agency and the Arcadia Medical Center, dated April 26, 1978, as amended by City Council minute order of October 30, 1981 and Amendment Number 1 dated March 17, 1987. The Public Agency and Medical Center hereby agree and covenant as follows: 1. Public Agency leases to Medical Center and Medical Center leases from Public Agency the northerly real property legally described in Exhibit "A" which is attached hereto and by this reference incorporated herein, hereinafter referred to as Agency parcel (Parcel A), for parking and landscaping purposes only. Medical Center agrees that Agency parcel shall be exclusively used for parking for benefit of persons having business at Medical Center's medical facility located adjacent to Agency's parcel. 2. Medical Center leases to the City of Arcadia, and the City of Arcadia leases from Medical Center the southerly real property legally described in Exhibit "B" which is attached hereto and by this reference incorporated herein, hereinafter referred to as Center parcel (Parcel B), for public parking and Medical Center purposes. 3. Public Agency and Medical Center acknowledge that Agency's parcel has been improved for parking purposes at Center's cost and that both parcels are approximately equal in size and approximately equal in the cost of parking improvements contained thereon. Public Agency and Medical Center further agree that during the course of the previous 20 year lease period certain mutually beneficial changes were agreed to by both parties; e.g., City Council action of Oct 30, 1981; City Council Resolution 5004 dated Dec. 1, 1981, and City Council action of Mar. 17, 1987 (Amendment No. 1); and that these revisions and other informal arrangements between the parties resulted in the trade of certain spaces to accommodate the loss of Medical Center and City parking due to the restriping of the two easterly parking lanes of the Parking District Two lot from 90 degree to 60 degree one way couplets as recommended by the Parking Place Commission, the trade in 1987 of certain landscaping maintenance 1 responsibilities, the posting of certain parking limit signs, the addition of one public handicapped van accessible space and one public "30 minute limit" space near the Post Office on E. Wheeler. Public Agency and Medical Center agree that these past revisions are acceptable to both parties and are set forth on Exhibit C hereto, and made a part hereof. 4. The leases and agreements referred to in paragraphs 1, 2, 3 herein shall commence on the date of May 1, 1999 and terminate on the date of April 30, 2019. 5. The rent consideration for the lease of Public Agency's parcel (A) shall be the Medical Center's leasing of Center's parcel (B) to the City of Arcadia, and the rent consideration for the lease of Center's parcel (B) shall be the leasing of Public Agency's parcel (A) to Medical Center. 6. If the lease referred to in paragraph 1 herein terminates for any reason whatsoever before the end of the lease term, the lease in paragraphs 2 and agreements in paragraph 3 herein terminate. If the lease in paragraph 2 herein terminates for any reason whatsoever before the end of the lease term, the lease in paragraph 1 and agreements in paragraph 3 herein terminate. 7. As to Center's parcel (B), City of Arcadia shall: a. Not, without first obtaining the written consent of Medical Center, make any alterations, additions or improvements in, to said parcel, except that City of Arcadia may erect at its expense any signs and any improvements deemed by the City of Arcadia as incidental thereto, pertaining to public parking and public safety it deems necessary, which signs and improvements shall remain the property of the City of Arcadia and be removed by the city of Arcadia at the termination of the lease or at any time prior thereto. b. Not permit the accumulation of waste or refuse matter. c. Not, without first obtaining the written consent of Medical Center, which consent shall not be unreasonably or arbitrarily refused, assign, mortgage, pledge or encumber the lease, in whole or in part, or sublet said parcel or any part therefore. d. Surrender said parcel to Medical Center upon termination of the lease in as good condition as it was at the beginning of the lease term, reasonable wear, and damage by the elements, casualty or other cause not due to the misuse or neglect by the city of Arcadia, its agents, or employees or parking patrons, excepted. 2 e. Within thirty (30) days after receipt of written notice from Medical Center, discharge any mechanics' liens for materials or labor claimed to have been furnished to the premises on City of Arcadia's behalf. f. Procure and maintain in force during the term of the lease 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 the leased premises in a minimum amount of one million dollars ($1,000,000) for each person injured, one million dollars ($1,000,000) for any one accident, and one million dollars ($1,000,000) for property damage. Proof of self- insurance with excess coverage shall suffice. City of Arcadia agrees to notify Medical Center in writing at least thirty (30) days prior to cancellation or refusal to renew any such policies. City of Arcadia agrees that if such insurance policies are not kept in force during the entire term of this lease and any extension thereof, Medical Center may procure the necessary insurance and pay the premium therefor, and that such premium shall be repaid to Medical Center as an additional rent installment for the month following the date on which such premiums are paid. 8. Medical Center shall not be liable for liability or damage claims for injury to persons, including city of Arcadia and its agents or employees, or for property damage from any cause, related to City of Arcadia's occupancy of Center's said parcel during the term of this lease or any extension hereof. City of Arcadia hereby agrees to indemnify, hold harmless and defend Medical Center against all liability, loss or other damage claims or obligations because of or arising out of such injuries or losses as specified in the Paragraph 8. 9. Medical Center shall be responsible for the maintenance of improvements, including but not limited to pavement, sealing, striping, lighting, and wheel stops on its Parcel (B)• 10. As to Public Agency's parcel, Medical Center shall: a. Not, without first obtaining the written consent of Public Agency, make any alterations, additions or improvements in, to said parcel, except that Medical Center shall be responsible for maintenance of the two restricted entry gates, "tiger teeth," and related equipment, at Medical Center expense. b. Not permit the accumulation of waste or refuse matter. 01 c. Not, without first obtaining the written consent of Public Agency, which consent shall not be unreasonably or arbitrarily refused, assign, mortgage, pledge or encumber the lease, in whole or in part, or sublet said parcel or any part therefor. d. Surrender said parcel to Public Agency upon termination of the lease in as good condition as it was at the beginning of the lease term, reasonable wear, and damage by the elements, casualty or other cause not due to the misuse or neglect by the Medical Center, its agents, or employees or parking patrons, excepted. e. Within thirty (30) days after receipt of written notice from Public Agency, discharge any mechanics' liens for materials or labor claimed to have been furnished to the premises on Medical Center's behalf. f. Procure and maintain in force during the term of the lease 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 the leased premises in a minimum amount of one million dollars ($1,000,000) for each person injured, one million dollars ($1,000,000) for any one accident, and one million dollars ($1,000,000) for property damage. Such insurance policies shall name Public Agency as an additional insured. Proof of insurance shall be provided to the City Attorney. City Attorney approval is a condition precedent to City execution of this lease. Medical Center agrees to notify Public Agency in writing at least thirty (30) days prior to cancellation or refusal to renew any such policies. Medical Center agrees that if such insurance policies are not kept in force during the entire term of this lease and any extension thereof, Public Agency may procure the necessary insurance and pay the premium therefor, and that such premium shall be repaid to Public Agency as an additional rent installment for the month following the date of which such premiums are paid. 11. Public Agency shall not be liable for liability or damage claims for injury to persons, including Medical Center and its agents or employees, or for property damage from any cause, related to Medical Center's occupancy of Agency's said parcel during the term of this lease or any extension hereof. 2 Medical Center hereby agrees to indemnify, hold harmless and defend Public Agency against all liability, loss, or other damage claims or obligations because of or arising out of such injuries or losses as specified in this Paragraph 10. 12. Public Agency shall be responsible for the maintenance of the Public Agency Property. The City of Arcadia may erect at its expense any signs and any improvements deemed by the City of Arcadia as incidental thereto, pertaining to public parking and public safety it deems necessary, which signs and improvements shall remain the property of the City of Arcadia and be removed by the City of Arcadia at the termination of the lease or at any time prior thereto. 13. Medical Center shall be responsible for maintenance of the parking spaces and wheel stops along the west side of Medical Center property and adjacent to Parking District Two, except for the one van - accessible handicapped space and the one 30- minute standard space which shall be maintained by the City. 14. Medical Center will pay before delinquency any and all taxes levied or assessed on Medical Center's parcel including Parcel B and will pay any possessory interest taxes on Public Agency Property (Parcel A). 15. The provisions of this reciprocal lease shall apply to, bind, and inure to the benefit of Public Agency and Medical Center, and their respective heirs, successors, legal representatives, and assigns. 16. If City of Arcadia materially breaches any covenant or condition of this lease of Medical Center's parcel, Medical Center may, or thirty (30) days' written notice to City of Arcadia, cure such breach at expense of City of Arcadia. 17. If the Medical Center materially breaches any covenant or condition of the lease of Agency's parcel, Medical Center may, on thirty (30) days' written notice to Medical Center, cure such breach at the expense of Medical Center. 18. All notices and other communications shall be in writing and shall be deemed to have been given three (3) days after having been mailed by certified mail postage prepaid, return receipt requested, or by licensed national or regional private delivery service addressed as specified under the signatures of this reciprocal lease. E 19. This Agreement or memorandum thereof may, but need not, be recorded by Public Agency. IN WITNESS WHEREOF the parties have executed this Agreement as of the 7 2�C_ day ofti 1999. ATTEST: By: 77 City Clerk (SEAL) MM APPROVED AS TO FORM: City Attorney A "PUBLIC AGENCY" CITY OF ARCADIA By: Mayor ARCADIA MEDICAL CENTER, A General Partnership by all of the general partners as follows: J11k / i %-'Ljotal tvila, IVI.Lj. Robert M. Deliman, M.D. C. Paul Neib�, M.D. George M. Sonneborn, M.D. Burtorf Green, M.D. WL a ky, I 65 North First Avenue Arcadia, California 91006 (All signatures must be appropriately acknowledged by a Notary Public) N Exhibit A Public Agency Property Those portions of Parcel 2, and Wheeler Avenue as shown on Parcel Map No. 6565, recorded in Parcel Map Book 67, Page 98, described as follows: Beginning at the intersection of the northerly line of Parcel 1 and a line that is parallel with and 32.50 feet easterly of the westerly line of said Parcel 1, thence northerly 21.00 feet along the prolongation of said parallel line to the intersection of a line that is parallel with and 20.00 feet northerly of the southerly line of Wheeler Avenue as shown on said map, thence easterly along the last mentioned parallel line 253.69 feet to the beginning of a tangent curve concave to the southwest and having a radius of 15 feet, thence southerly and easterly along said curve 23.56 feet to a point of tangency in the northerly prolongation of the westerly line of First Avenue as shown on said map, thence southerly 20.00 feet to the beginning of a tangent curve concave to the southwest and having a radius of 15 feet, thence northerly and westerly along said curve 23.56 feet to a point of tangency in the southerly line of said Wheeler Avenue, thence southerly 1.00 foot on a line that is parallel with and 15 feet west of said westerly line of First Avenue, thence westerly along a line that is parallel with and 1 foot southerly of the southerly line of Wheeler Avenue to the point of beginning. Point of Segini Wheeler Ave. 253.69' 15' Alley N TH 5/19/99 X EXHIBIT "A" in Q U) L. IM Exhibit B Medical Center Property Beginning at the intersection of the northerly line of the alley and the westerly line of First Avenue, which is also the southeast corner of lot 1. 8, in block 74 of Arcadia Santa Anita Tract recorded in Book 15, Pages 89 and 90 of Miscellaneous Records in the office of the Los Angeles County Recorder, thence westerly along the northerly line of said alley 10 feet to the true point of beginning, thence westerly along said line 288.69 feet, thence northerly 30 feet on a line parallel with the westerly line of lot 24, of said block; thence easterly, on a line parallel with said northerly line 79.53 feet; thence southerly on a line parallel with said westerly line 25 feet; thence easterly on a line parallel with said northerly line 80 feet; thence northerly on a line parallel with said westerly line 25 feet; thence easterly on a line parallel with said northerly line 129.16 feet; thence southerly on a line parallel with said westerly line 30 feet to the true point of beginning. Wheeler Ave. N-I 15' I 50' 50' 50' 126.69' I te) 141.69' I r � N r" LO 141.69' 79.53' 129.16' i N � N ry iN N tN 80 CO 141.69' 288.69'' Alley N T pi 5/19/99 Q N L IN • i Q% U_ 0 O CL EmNBAV 1S2J1=l 4 r r L O C J � � U c _ .1C ccS � U a O L) z J m .� > m a Z m U c`a rn ca o o T L Q 4 r r ME a►1 - 2-11 O J i CD C C O EmN�IAV VIINV VINVS W W V J i— H U) N 00 L-- --- ---- -- - - -� ---- --- -- - - - -- o 1 0 00 0 W _ O L) z J o 0 Q W N�a=a� Z a- w Y c`a rn ca o o T d_ Q a. c CD U wW � � C L j I I I I I I I I J W J _ W N c E:E Q w = M n.. W ° O ME a►1 - 2-11 O J i CD C C O EmN�IAV VIINV VINVS W W V J i— H U) N 00 Exhibit C N U) LO O N CO to ch 1 Z _ O L) J N Q U C A O Q ZUF -0 TaCD N�a=a� Z a- w Y c`a rn ca o o T d_ cv 'E U a. c CD U � � C L Z W � J o 4) a -- W J C O N c E:E w = M n.. O Exhibit C