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Home My WebLink AboutCC AG PKT 2010-07-12 #LAGENDA STAFF REPORT DATE: July 12, 2010 TO: Honorable Mayor and City Council THRU: David N. Carmany, City Manager FROM: Linda Devine, City Clerk SUBJECT: RENEWAL OF PARKING AGREEMENT BETWEEN CITY OF SEAL BEACH AND GRACE COMMUNITY CHURCH SUMMARY OF REQUEST: Adopt Resolution No. 6027 approving the License Agreement for Use of Public Parking renewing the contract between the City of Seal Beach and Grace Community Church located at 138 Eighth Street, for use of the Eighth Street City Hall permit parking lot by members of the Church. BACKGROUND: The City and Church propose to continue the longstanding arrangement that permits the Church use of the City's Eighth Street lot for limited hours (8:00 a.m. to 1:00 p.m.) on Sunday as well as the purchase of ten (10) guest passes for use by Church - designated visitors on a Monday through Sunday basis. The permits may also be used in the Eighth Street lot on Saturday and Sunday of each week. The proposed Agreement will be for a one -year period from July 1, 2010 to June 30, 2011 and will include the option to extend the agreement for three additional one -year periods upon mutual agreement between the City and the Church. In any event, the agreement will not extend beyond June 30, 2014. The Agreement preserves a yearly rent increase based on an annual CPI rate adjustment as well as the payment of passes at current City fee rates. The CPI adjustment used for each year will be the May CPI as computed by the US Dept of Labor Statistics -All Urban Consumers in the Los Angeles- Riverside - Orange County, CA areas. Parking privileges under this Agreement does not affect the Church's obligations to meet any current or future parking requirements required under the City's Municipal Code or General Plan provisions. If parking requirements for the Agenda Item L Page 2 Eighth Street Municipal parking lot or for the Church's required parking are changed or altered, the proposed agreement can be terminated upon sixty (60) days written notice by either party. City Manager David Carmany attends Grace Community Church. FISCAL IMPACT: The City will receive $1,849.50 from the Church for use of public parking during the 2010/2011 fiscal year of this Letter of Agreement and will be adjusted annually according to the terms of this agreement. RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 6027. SUBMITTED BY: NOTED AND APPROVED: �/ �tLhl Undh Devine, CO -Clerk David Carma y, City Manager Attachment: A. Resolution No. 6027 B. Agreement RESOLUTION NUMBER 6027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND GRACE COMMUNITY CHURCH FOR USE OF PUBLIC PARKING The City Council of the City of Seal Beach hereby resolves as follows: SECTION 1. The City Council hereby approves the Agreement between the City and Grace Community Church for use of public parking for a one -year period from July 1, 2010 to June 30, 2011 with options for three additional one -year extensions. Effective July 1, 2010, the annual license fee is $1,849.50. In subsequent years, the City may increase the fee to reflect increases to CPI. SECTION 2. The City Manager shall execute the Agreement on behalf of the City. SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach, at a regular meeting held on the 12th day of July , 2010 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk 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 6027 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of July , 2010. City Clerk LICENSE AGREEMENT FOR USE OF PUBLIC PARKING between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 qL- Grace Community Church 138 8th Street Seal Beach, CA 90740 -6304 (562) 596 -1605 This Parking Agreement ( "Agreement ") is made as of July 1, 2010 ( "Effective Date "), by and between Grace Community Church ( "CHURCH ") and the City of Seal Beach ( "CITY "), a California charter city, (collectively, "the Parties "). S7296 -0001 \1240536v2.doc 1 RECITALS 1. CITY is the owner of a municipal parking lot located in the 100 Block of Eighth Street, Seal Beach, known as the Eight Street Municipal Parking Lot (hereinafter "Lot "). 2. CITY has allowed the CHURCH to use the Lot for parking purposes for at least the last 15 years. 3. In 2006, CITY and CHURCH entered into an agreement ( "2006 Agreement ") regarding the use of the Lot. 4. The 2006 Agreement expired on June 30, 2010. 5. CITY and CHURCH want to renew the agreement, under the same terms and conditions as the 2006 Agreement. AGREEMENT NOW, THEREFORE, the parties hereto mutually agree as follows: Section 1. CITY hereby grants to CHURCH a license to use the Lot for parking purposes between the hours of 8:00 a.m. -1:00 p.m. on each and every Sunday during the term of this Agreement, subject to the limitations contained herein. Section 2. CHURCH shall pay to CITY an annual license fee due and payable on or before July 1 of each year of this Agreement. The annual fee for fiscal year 2010 -11 shall be $1,849.50. On July 1 of each subsequent year of this Agreement, the City shall increase the license fee in an amount equal to the twelve month percentage change in the May CPI as computed by the US Dept of Labor, Bureau of Labor Statistics -All Urban Consumers, Series Id: CUURA421SAO, Not Seasonally Adjusted, for the Los Angeles- Riverside- Orange County, CA area, for All items, using the Base Period, 1982 -84 =100. Section 3. In addition to paying the license fee, CHURCH shall purchase 10 guest parking permits from the CITY at the CITY's standard fee. The drivers of vehicles displaying such permits shall comply with all applicable rules and regulations governing guest parking permits and may park in the Lot on Saturdays and Sundays. Section 4. The initial term of this Agreement shall commence on July 1, 2010 and terminate on June 30, 2011. Section 5. The City Manager may extend the term of this agreement for three one -year periods. In no event shall the term of this agreement extend beyond June 30, 2014. S7296 -0001 \1240536v2.doc 2 Section 6. This agreement may be terminated by the CITY or the CHURCH effective upon 60 days written notice if CITY parking requirements for the Lot or CHURCH uses are changed. Section 7. Neither the CHURCH nor its attendees shall park their vehicles adjacent to the retaining wall at the north end of the Lot or in any of the parking spaces designated for Orange County Fire Authority personnel. Section 8. CHURCH shall not assign or transfer any of the entitlements conferred by this Agreement, or make any structural or design changes to the Lot. Section 9. CHURCH shall defend, indemnify, and hold CITY harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of CHURCH arising from this Agreement or CHURCH's use of the Lot, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. All duties of CHURCH under this Section shall survive termination of this Agreement. Section 10. Any disputes, which may arise between CITY and CHURCH during the term of this Agreement, shall be resolved via informal meetings between two parties. Section 11. Neither this Agreement, nor any parking privileges conferred by this Agreement, shall affect in any way CHURCH's obligations to meet any CITY current or future parking requirements or regulations. CITY OF SEAL BEACH GRACE COMMUNITY CHURCH By: David Carmany, City Manager By: `Donald Shoema er, Senior Pastor /CEO Attest: M Linda Devine, City Clerk Approved as to Form: Quinn Barrow, City Attorney S7296 -0001 \1240536v2.doc 3