HomeMy WebLinkAboutCC AG PKT 2011-11-14 #LAGENDA STAFF REPORT
DATE: November 14, 2011
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby, Assistant City Manager /Public Works
SUBJECT: OLD TOWN PARKING UPDATE
SUMMARY OF REQUEST:
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It is requested that the City Council consider directing the City Manager to
provide notice of cancellation of parking license agreement for the property
located at 1300 Pacific Coast Highway.
BACKGROUND AND ANALYSIS:
On September 26, 2011 the City Council approved Resolution No. 6187
requesting authorization to execute an agreement with Chevron regarding use of
a parking lot located at 1300 Pacific Coast Highway.
Over the past year the City has been impacted with parking shortages throughout
Old Town. Numerous public meetings were held and a request was made for the
City to pursue use of the parking lot located at 1300 Pacific Coast Highway. This
lot has seven parking spaces and is currently not being used.
After execution of the agreement, concern was raised by some residents in the
area of the parking lot. On September 26, 2011 the City Council also authorized
use of the 10 Street parking lot for residential overnight parking thereby creating
over 100 parking spaces within Old Town. The added six spaces at 1300 Pacific
Coast Highway, while helpful, will not significantly alter the parking situation in
Old Town. At the October 10, 2011 City Council meeting, Council Member
Deaton requested that this item be re- agenized for further Council discussion to
consider directing the City Manager to cancel the parking agreement.
The parking lot has not been opened to the public. If the Council so directs, the
City Manager will notify Chevron that the City does not desire to move forward
with the license agreement.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
Agenda Item L
LEGAL ANALYSIS:
Per the executed agreement, Section 2.2 the City may terminate this license
without cause upon at least 30 days written notice to the other party.
FINANCIAL IMPACT:
There is no financial impact.
RECOMMENDATION:
It is recommended that the City Council consider directing the City Manager to
provide notice of cancellation of the parking license agreement for the property
located at 1300 Pacific Coast Highway.
SUBMITTED BY:
116�
Irvt Sean P. Crumby,
Assistant City Manager /Public Works
NOTED AND APPROVED:
a he SO
ri
• .•-
Attachments:
A. Resolution No. 6187 (for reference only)
B. 13 Street License Agreement (for reference only)
Page 2
RESOLUTION NUMBER 6187
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE
AGREEMENT WITH THE PROPERTY OWNER OF 328 - 13th
STREET FOR PUBLIC PARKING
WHEREAS, Owner owns property located at 328 - 13th Street in the City of Seal
Beach (the "Property"), a paved and delineated parking lot, which has access to
13th Street and the alley between 13th Street and 14th Street; and
WHEREAS, the City desires to make the Property available for public vehicle
parking.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL HEREBY RESOLVE:
C
Section 1. That the City Manager is hereby authorized to enter into a lease
agreement with the Property owner of 328 - 13th Street for public parking.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 26th day of September. 2011 by the following vote:
AYES: Council Members /l �� I A - J -4
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members / (IYh, i
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6187 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 26th day of September , 2011.
4 , . �/, , I I
ity Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Seal Beach
211 Eighth Street
Seal Beach, California 90740
Exempt from fees per Government Code § 27383
(space above for recorder's use)
13 STREET PARKING LOT
LICENSE AGREEMENT
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
George A. Pearson
16868 "A" Street
Huntington Beach, CA 92647
This License Agreement ( "Agreement ") is made as of September 26, 2011 (the "Effective
Date "), by and between George A. Pearson ( "Owner "), and the City of Seal Beach ( "City "), a
California charter city, (collectively, "the Parties ").
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RECITALS
1. Owner owns the property located at 328 13 Street in the City of Seal Beach (the
"Property "), which is paved, currently delineated with 8 parking spaces, and has access to both
13 Street and the alley way between 13 Street and 10' Street. The Property is depicted in the
attached Exhibit A, which is hereby incorporated by this reference.
2. City desires to make the Property available for public vehicle parking.
NOW THEREFORE, in consideration of the Parties' performance of the promises,
covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
Section 1 Grant of License
1.1. Grant. Owner grants to City and City's Permittees a license to park vehicles on
the Property and to access the Property via 13 Street and the alley way between 13 Street and
14 Street. The license granted to City and City's Permittees shall be used in accordance with
the terms and conditions set forth herein.
1.2. No Leasehold. No legal title or leasehold interest in the Licensed Parking Area or
Common Area is created or vested in City by the grant of this License.
Section 2 Term & Termination
2.1. The term of this License shall begin on the Effective Date and continue thereafter
until terminated in accordance with the terms of this License.
2.2. Either Parry may terminate this License without cause upon at least thirty days
written notice to the other Party.
Section 3 Relationship of the Parties
3.1. The only relationship created by this License is of that of licensor and licensee.
Neither City nor any of its officers, employees, or agents shall have control over the means of
service or means of production of Owner or any of its officers, agents, or employees. Owner is
solely responsible for all aspects of its property and operation. Owner shall not, at any time or in
any manner, represent that it or any of its officers, agents, or employees are in any manner agents
or employees of City.
Section 4 Use of Premises
4.1. Owner's Control. Owner may exclude, restrain, or limit any person from the use
or occupancy of the Property; excepting City and City's Permittees while engaging in the bona
fide use of the Property for parking vehicles in accordance with the terms of this License.
4.2. Street Sweeping. In consideration of the license Owner grants to City pursuant to
this Agreement, City shall at its sole cost provide street sweeping services for the Property on an
as- needed basis.
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4.3. Parking regulations. City shall have the right to make and promulgate and from
time to time change rules and regulations for the public use of the Property for vehicle parking.
City shall have the right to post such notices on the Property as it deems necessary or convenient
for the public use of the Property for vehicle parking.
4.4. Unauthorized Use. If Owner determines that City of City's Permittees are using
any portion of the Property in an unauthorized manner, City shall, upon demand of Owner, take
appropriate action to remove or restrain such persons. Nothing herein shall limit owner's right to
remove or restrain any person engaged in the unauthorized use of the Property.
4.5. No Waste or Nuisance. City shall not commit any waste or any public or private
nuisance upon Common Area or Licensed Parking Area.
Section 5 Maintenance of Property
5.1. Owner shall maintain the Property in a reasonably safe and clean manner, and
shall be solely responsible for the cost of such maintenance and all utilities for the Property, with
the exception of street sweeping services provided by the City pursuant to Section 4 of this
Agreement. Owner may reasonably limit the access of City and City's Permittees to the Property
when necessary for the purpose of maintaining the Property.
Section 6 Indemnity
6.1. Indemnification of Owner. To the fullest extent permitted by law, City shall
indemnify, defend, and hold harmless Owner, its officers, agents, employees, and representatives
from and against any and all demands, debts, liens, claims, losses, damages, liability, costs,
expenses (including, but not by way of limitation, fees and costs actually incurred, whether or
not litigation has commenced), judgments or obligations, action, or causes of actions whatsoever,
for or in connection to any injury, damage or loss (including, but not limited to bodily injury,
death, personal injury, property damage, violation of any applicable Municipal, County, State,
and Federal laws and regulations, Court Rules or ordinances, or any other type of loss) sustained
or claimed to have been sustained by any person or persons, or corporation, or public or private
entity arising out of the performance or nonperformance of services, operations, duties, and other
obligations of the City, its officers, agents, employees, representatives, and subcontractors under
this License. The provisions of this indemnification clause shall not be limited to the availability
or ability to collect insurance coverage, and shall survive the termination of this agreement.
6.2. Indemnification of City. To the fullest extent permitted by law, Owner shall
indemnify, defend and hold harmless City, its governing board and the individuals thereof, and
all its officers, agents, employees, and representatives from and against any and all demands,
debts, liens, claims, losses, damages, liability, costs, expenses (including, but not by way of
limitation, fees and costs actually incurred, whether or not litigation has commenced), judgments
or obligations, action, or causes of actions whatsoever, for or in connection to any injury,
damage or loss (including, but not limited to bodily injury, death, personal injury, property
damage, violation of any applicable Municipal, County, State, and Federal laws and regulations,
Court Rules or ordinances, or any other type of loss) sustained or claimed to have been sustained
by any person or persons, or corporation, or public or private entity arising out of the
performance or nonperformance of services, operations, duties, and other obligations of the
Owner, its officers, agents, employees, representatives, and subcontractors under this License.
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The provisions of this indemnification clause shall not be limited to the availability or ability to
collect insurance coverage, and shall survive the termination of this agreement.
Section 7 Party Representatives
7.1. City's Representative. The City Manager is City's representative for purposes of
this License.
7.2. Owner's Representative. George A. Pearson is Owner's representative for
purposes of this License.
Section 8 Notices
8.1. Form of Notice. All notices permitted or required under this License shall be
deemed made when personally delivered or when mailed 48 hours after deposit in the U.S. Mail,
first class postage prepaid and addressed to the Party at the following addresses:
To City: City of Seal Beach
211 8 Street
Seal Beach, California 90740
Attn: City Manager
To Owner: George A. Pearson
16868 "A" Street
Huntington Beach, CA 92647
8.2. Actual Notice. Actual written notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
Section 9 Assignment Prohibited
9.1. The license Owner grants to City pursuant to this Agreement is personal to City
and City's Permittees. This Agreement shall not be assigned, without the Owner's prior written
consent, which consent shall not be unreasonably withheld.
Section 10 Miscellaneous
10.1. Entire Agreement. This Agreement contains the entire agreement of the Parties
with respect to the subject hatter hereof, and supersedes all prior negotiations, understandings,
or agreements. This License may only be modified by a writing signed by both parties.
10.2. Applicable Law. This Agreement shall be governed and interpreted in accordance
with the laws of the State of California.
10.3. Construction. This Agreement shall be construed without regard to any
presumption or other rule requiring construction against the party who drafted it.
10.4. No Third Party Rights. No third party shall be deemed to have any rights
hereunder against either party as a result of this Agreement
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10.5. No Brokers. Each party represents to the other that it has not engaged or used the
services of any broker, finder, or salesperson in connection with this Agreement.
10.6. Counterparts. This Agreement may be executed in multiple counterparts each of
which shall be deemed an original for all purposes.
10.7. Severability. The invalidity in whole or in part of any provisions of this
Agreement shall not void or affect the validity of the other provisions of this Agreement.
10.8. Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a Party shall give the other Party any contractual rights
by custom, estoppel, or otherwise.
10.9. Prohibited Interests. Owner maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Owner, to
solicit or secure this Agreement. Further, Owner warrants that it has not paid nor has it agreed to
pay any company or person, other than a bona fide employee working solely for Owner, any fee,
commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting
from the award or making of this License. For breach or violation of this warranty, City has the
right to rescind this Agreement without liability. For the term of this Agreement, no member,
officer, or employee of City, during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
10.10. Attorneys' Fees. If either Party commences an action against the other Party,
legal, administrative, or otherwise, arising out of or in connection with this Agreement, the
prevailing Party in such litigation shall be entitled to have and recover from the losing Party all
of its attorney's fees and other costs incurred in connection with such action.
10.11. Exhibits. All exhibits referenced in this License are hereby incorporated into the
License as if set forth in full herein. In the event of any material discrepancy between the terms
of any exhibit so incorporated and the terms of this License, the terms of this License shall
control.
(Intentionally Left Blank)
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this License as of the date and year first above written.
CITY OF SEAL BEACH
OWNER.
' � By J t ,/ 1 \av1
Jul, . Ingram, Cityi
Attest:
By:
da Devine, City Clerk
Approved as to Form:
By: �!)% 4 4-.4- "
uinn M. Barrow, City Attorney
By:
George A. Pearson
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EXHIBI T A
Depiction of Property