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HomeMy WebLinkAbout1995-10-10 - AGENDA REPORTS - PRINCESSA RAIL STATION (2)AGENDA REPORT City Manager Approval/ Item to be presented by, Dennis Luppens CONSENT CALENDAR DATE: October 10, 1995 SUBJECT: PRINCESSA RAIL STATION AUTO SWAPMEET DEPARTMENT: Public Works Staff has received a proposal from Mr. Tyler J. Shaw, sole proprietor of Santa Clarita Auto Swapmeet, to establish an auto swapmeet at the Princessa Rail Station on the weekends, starting November 11, 1995. Staffs interest in the proposal is to earn revenue from the property. In his proposed written agreement, Mr. Shaw has offered $1,000 per month and physical improvements to the property, including general landscaping and brush removal, to lease this property. This sum is consistent with the rent the City receives from the Saugus Swapmeet for use of the Soledad Rail Station as a swapmeet on weekends, Mr. Shaw has checked with the Community Development Department, and there are no zoning violations for an auto swapmeet at this location. Attached is a letter from the City of Thousand Oaks highlighting the benefits of an auto swapmeet, based on that City's experience. Staff does not anticipate any conflict with the proposed weekend use of the property, as Metrolink provides no passenger rail service on weekends. RECOMMENDATION 1. Upon the City Attorney's review and approval of the lease agreement, authorize the City Manager to enter into an agreement with Tyler J. Shaw to rent space at the Princessa Metrolink Station. 2. Increase Revenue Account 55-3705, Parking Lot Use Fees, from $24,000 to $32,000. ATTACHMENTS Business Proposal Draft Lease Agreement Letter from the City of Thousand Oaks F1H0ME\P VCCAGENDAVS WAPMEET.AGN Continued To:.Date z,� � tea- Agenda ltem:-ff WELCOME TO THE.. 101 jg] qin- THE FAST, CONVENIENT AND SAFE WAY TO SELL YOUR VEHICLE" OWNER/OPERATOR: TYLER I. SHAW oTaecT3T6: TO CREATE AN OPPORTUNITY FOR THE RESIDENTS OF THE SANTA CLARITA VALLEY TO SELL, PURCHASE OR TRADE VEHICLES ON A PRIVATE PARTY BASIS. TO UNITE BUYERS AND SELLERS OF AUTOMOBILES, RECREATIONAL VEHICLES,: WATER CRAFT AND MOTORCYCLES AT A SAFE, LEGAL AND CONVENIENT LOCATION THE SANTA CLARITA AUTO SWAP MEET WILL STRIVE TO CREATE AN INTIMATE ATMOSPHERE WHERE BUYERS AND SELLERS ALIKE CAN OPENLY COMMUNICATE ABOUT THE SALE AND/OR PURCHASE OF A VEHICLE THE S.CA.S.. WILL ATTEMPT TO "CLEAN-UP" MANY VACANT LOTS, STREET CORNERS AND PARKING LOTS, THROUGHOUT THE S.C.V, BY OFFERING RESIDENTS A "DESIGNATED AREA" TO MARKET THEIR "FOR SALE" VEHICLES. THE S.CA.S. WILL ASSIST IN THE TRANSACTIONS CONDUCTED BETWEEN PRIVATE PARTIES, BUT AT NO TIME ACT AS AN AUTO SELLER, RESELLER, OR DEALER_ ALL TRANSACTIONS ARE AND WILL REMAIN, BETWEEN PRIVATE PARTIES. AS A DEPUTY SHERIFF FOR THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT, I AM AWARE OF THE MANY SAFETY RISKS LEGAL DIFFICULTIES, AND INCONVENIENCES ASSOCIATED WITH SELLING A USED VEHICLE. UNFORTUNATELY, IN TODAY'S SOCIETY IT IS NOT A SAFE PRACTICE TO HAVE PROSPECTIVE "BUYERS" (STRANGERS)„ COME TO YOUR HOME TO VIEW YOUR "FOR SALE" PROPERTY. NOR IS 1T SAFE TO MEET A PERSPECTIVEBUYER (STRANGER),. IN AN UNDISCLOSED, MUTUAL, MEETING PLACE AS NUMEROUS CAR THEFTS AND/OR ASSAULTS ARE COMMITTED UNDER THESE FALSE PRETENSES. IN ADDITION TO THE PERSONAL SAFETY ISSUE, THERE ARE SEVERAL "PROPERTY RISKS" INVOLVED WHEN DISPLAYING YOUR VEHICLE SOMEWHERE OTHER THAN IN FRONT OF YOUR OWN HOME OR DRIVEWAY MANY VEHICLES ARE BURGLARIZED, VANDALIZED OR STOLEN WHEN DISPLAYED AT PLACES THAT APPEAR TO BE "IDEAL VIEWING LOCATIONS'. ZJiE O'w91e9/OJ'E9✓i`IOU2; IN 1989 1 GRADUATED FROM CALIFORNIA STATE UNIVERSITY NORTHRIDGE WITH A B.A. DEGREE IN SOCIOLOGY, AND A MINOR IN CRIMINAL LAW I HAVE ALSO COMPLETED TWO YEARS OF COLLEGE COURSES IN THE "PRINCIPLES OF BUSINESS" AND "BUSINESS MANAGEMENT'. UPON GRADUATION, 1 BEGAN MY CAREER WITH THE LOS ANGELES COUNTY SHERIFFS DEPARTMENT ASA DEPUTY SHERIFF. 1 HAVE BEEN SO EMPLOYED FOR THE PAST 4 1/2 YEARS. MY PRIMARY FUNCTIONS INVOLVE, - UPHOLDING THE LAW, PUBLIC SAFETY, AND PUBLIC RELATIONS: WHEN INTERACTING WITH THE PUBLIC IN THIS CAPACITY, 1 MUST EXHIBIT A GREAT DEAL OF COMMON SENSE, COMMUNICATION SKILLS AND KNOWLEDGE IN MY FIELD. THESE ARE ALL QUALITIES THAT 1 POSSESS AND APPLY ON A DAILY BASIS. I ALSO HAVE EXTENSIVE EXPERIENCE IN PERSONNEL MANAGEMENT, PAYROLL, SCHEDULING AND WORKFORCE COORDINATION I HAVE BEEN EMPLOYED BY SEVERAL COMPANIES IN THE CAPACITY OF SUPERVISION AND OPERATIONS: I WAS EMPLOYED BY MARSHALL'S INCAS A SHIFT SUPERVISOR FOR S YEARS PRIOR TO EMPLOYMENT WITH THE LA.S.D. I WAS ALSO EMPLOYED AS A MANAGER OF A RETAIL CLOTHING STORE' IN ASPEN COLORADO. I WAS DIRECTLY RESPONSIBLE FOR STORE OPERATIONS, CASH MANAGEMENT, EMPLOYEE SUPERVISION,PUBLIC RELATIONS, AND ADVERTISING. IN ADDITION TO AN EXTENSIVE BUSINESS AND PUBLIC RELATIONS BACKGROUND, I HAVE A GREAT DEAL OF PERSONAL KNOWLEDGE AND INTEREST IN MOTOR VEHICLES: 1 POSSESS A GENUINE PASSION FOR AUTOMOBILES, MOTORCYCLES, WATER CRAFT AND OTHER TYPES OF VEHICLES. I BELIEVE THIS TO BE A VITAL COMPONENT TO THE SUCCESS OF THIS PROPOSED BUSINESS VENTURE 'T.AJ2geT ✓'t1.i1'J2acT THE S.CA.S. IS DESIGNED TO BENFFIT THOSE MEMBERS OF THE COMMUNITY WHO ARE INTERESTED IN BUYING OR SELLING A USED AUTO, RV, BOAT OR MOTORCYCLE ALSO THOSE MEMBERS OF THE COMMUNITY WHO SEEK AN "HONEST DEAL" WITH ANOTHER RESIDENT OF THEIR OWN COMMUNITY. AGE RANGE: 16-75 HOUSEHOLD INCOME $50,000 DEMOGRAPHICS: OUTGOING, MIDDLE CLASS, FAMILY ORIENTED LOCAL RESIDENTS OF THE CITY OF SANTA CLARITA AND OTHER OUT -LYING COMMUNITIES. (ie. CASTAIC AQUA DULCE, ACTON). 0rU69ZfU36'W 0j Sff_271XES 99ZOR13q)6T'B'j'MiE S.Cq.S.: PROVIDE OPPORTUNITY FOR PRIVATE PARTIES TO ACTIVELY BUY/SELL OR TRADE THEIR USED VEHICLES INA SAFE, FRIENDLY AND OPPORTUNE LOCATION OPPORTUNITY TO "GET TO KNOW" THE SELLER OF A PARTICULAR VEHICLE AND ASCERTAIN ALL FIRST-HAND INFORMATION ON A PROSPECTIVE VEHICLE AND THE TERMS OF PURCHASE. THE "COMFORT" OF KNOWING THAT WHAT IS OFFERED THROUGH THE S.CA.S., IS LOCALLY OWNED BY ONE OF OUR OWN S.C.V. RESIDENTS OR A RESIDENT OF ONE OF OUR OUTLYING COMMUNITIES. ALL D.M.V. FORMS AND ANSWERS TO QUESTIONS IN REGARDS TO PRIVATE PARTY TRANSACTIONS. ASSISTANCE IN PRICING OF VEHICLES BASED UPON CURRENT MARKET VALUES. CONDITION,: AND "KELLY BLUE BOOK' COMPARISONS. "MULTIPLE VEHICLE" AND "RETURNING WEEKEND" DISCOUNTS. ASSISTANCE WITH PRESENTING VEHICLE TO PROSPECTIVE BUYERS PENDING THE ARRIVAL OF OWNER, IF NOT PRESENT AT TIME OF INQUIRY. ON -DUTY SECURITY DURING AND BETWEEN OPERATIONAL HOURS TO INSURE VEHICLE SAFETY Xoc,27709L THE LOCATION SOUGHT FOR THE PROPOSED S.C.A.S. IS THE METROLINK TRAIN STATION LOCATED AT 22201 VIA PRINCESSA, IN THE CITY OF SANTA CLARITA. THIS LOCATION IS ONE THAT WILL NOT COMPROMISE THE PRIVACY OF NEARBY RESIDENTS, NOR WILL IT POSE ANY IMMEDIATE TRAFFIC HAZARDS AS IT IS LOCATED IN A RELATIVELY REMOTE,. YET READILY ACCESSIBLE AREA OF THE SANTA CLARITA VALLEY. THIS LOCATION IS ONE THAT WILL BE ENJOYED BY ALL THOSE WHO VISIT DUE TO ITS ELEMENT OF SECLUSION AND LACK OF CONGESTION. THIS LOCATION IS HOWEVER VERY CENTRAL TO A GREAT PORTION OF THE SANTA CLARITA RESIDENTS. _ gzcg sTjz,grr3ox. REGISTRATION OF THOSE VEHICLES TO BE DISPLAYED AT THE S.C.A.S. WILL BEGIN AT 6:00 A.M. ON SATURDAYS. AVAILABILITY OF SPACES WILL BE GRANTED ON A FIRST COME, FIRST SERVE BASIS. PRE -REGISTRATION HOURS MAY BE ESTABLISHED AT A LATER TIME DUE TO SIZE AND DEMAND OF AVAILABILITY. ALL THOSE VEHICLES REGISTERED AT THE S.C.A.S. WILL BE VACATED FROM THE SAID PROPERTY BY 6.'30 P.M. ON EACH AND EVERY SUNDAY. ANY VEHICLE NOT REMOVED BY THIS TIME WILL BE SUBJECT TO TOW AT OWNERS EXPENSE lATli-)3rr3o9 R.0 Norm IT WILL BE REQUIRED THAT EVERY REGISTERANT OF THE S.CA.S., SIGN A 'RELEASE OF LIABILITY' FORM PRECEDING THE USE OF THE S.C.A.S. THIS "LIABILITY WAIVER" WILL BE DICTATED BY "CITY` ,'INSURANCE UNDERWRITER" AND S.CA.S., CONCERNS, NEEDS AND CONSTRAINTS. FOR SALE BY OWNER MAKE MODEL MILES PRICE SPECIAL DET. OWNERIPHONE # PLEASE PLACE ON WINDSHIELD. REAL ESTATE LEASE This Lease Agreement (this "Lease") is made effective as of 1995, by and between the City of Santa Clarita, a Municipal Corporation, ("Landlord"), and Tyler J. Shaw, sole proprietor, Santa Clarita Auto Swapmeet , ("Tenant"). The parties agree as follows: PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant, (the "Premises"): That certain lot of land its appurtenances, described as "Commuter Rail Station" parking lot, located at 19201 Via Princessa in the City of Santa Clarita. (Note: also described as "Princessa Metrolink Station") . TERM. The lease term shall be month to month and will begin on November 11, 1995 . TERMINATION OF LEASE. The lease may be terminated by either party with a thirty day written notice. In consideration of the improvements, " Enhancement" to the terms of lease, to be made by Tenant, Landlord agrees not to terminate lease during the first year of tenancy except for good cause. Good cause shall include failure to pay rent or other charges when due, or material breach of any of the terms of this agreement. LEASE PAYMENTS. Tenant shall pay to Landlord monthly payments of one thousand dollars ($1,000.00) per month, payable in advance on the tenth day of each month. Rent shall be payable without notice or demand at such place as the Landlord may designate to Tenant in writing. There shall be no increase in rent during the first year of tenancy. ENHANCEMENT. As an "enhancement" to the terms of the lease, Tenant agrees to provide and install, via a contractor selected by Tenant and approved by Landlord, general landscaping and brush removal, on and about the premises. Landlord shall review, agree and approve any and all alteration, improvement and addition "plans" prior to the commencement of such alterations, improvements and additions. POSSESSION. Tenant shall be entitled to exclusive right of possession and occupancy of the premises on Saturday and Sunday of each weekend during the term of the lease. Such possession and occupancy shall begin Friday at 6:00 P.M. and end on Sunday evening at 10:00 P.M. At the end of each weekend. Tenant shall leave the premises in as clean a condition as it was in when Tenant took possession at the beginning of the weekend. PROPERTY INSURANCE. Landlord and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. LIABILITY INSURANCE. Tenant shall maintain liability insurance in a total aggregate sum of at least one million ($1,000,000.00). Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force_ Landlord shall have the right to require that the Landlord receive notice of any termination of such insurance policies. INDEMNITY REGARDING USE OF PREMISES (HOLD HARMLESS) Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's use or misuse of the Premises. ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the Premises, nor effect a change in the majority ownership of the Tenant, Santa Clarita Auto Swapmeet, (from the ownership existing at the inception of this lease), without the prior written consent of Landlord, which shall not be unreasonably withheld. SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. WAIVER The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of California. ,13 � Title Date Print Name: Address: TENANT Date Tyler J. Shaw, sole proprietor, Santa Clarita Auto Swapmeet 23722 Rotunda Rd, Valencia, Ca 91355 Page 2 of 2 September 7, 1995 TO WHOM IT MAY CONCERN: ELOIS ZEANAH COUNCILMEMBER This letter is in regards to the establishment and operation of the proposed "Santa Clarita Auto Swapmeet". I have been witness to the benefits that this type of business provides to residents. I am a strong supporter of a very similar business in my community, the Thousand Oaks Auto Swapmeet. The Thousand Oaks Auto Swapmeet is an enormous asset to our community for several reasons: 1) It provides residents with a safe and convenient place to display their vehicles "for sale," thus eliminating the risks of exposing their homes and personal property to "perspective buyers" or "strangers". 2) It provides residents with a safe and convenient place in which to "shop" for used autos, boats, RV's, motorcycles, etc. 3) It assists those persons who are unfamiliar with conducting a private party vehicle transaction by providing all DMV paperwork, as well as advice on the completion of such paperwork. 4) It contributes to the generation of city revenue. 5) It helps to "clean up" the community by taking "for sale" vehicles off of vacant lots and public streets. 6) It helps offset maintenance costs of the land on which it operates. Our community has responded very positively to the Thousand Oaks Auto Swapmeet since its opening. Our residents are very appreciative of all the benefits that this establishment provides. I have not found that the Thousand Oaks Auto Swapmeet has had any negative impact whatsoever on our community, nor have I found it to decrease the revenue generated by the Thousand Oaks Auto Mall. I have spoken to Mr. Shaw, and I believe that he is sincere in his efforts to provide a highly beneficial service to your community: Sincerely, ° CJ Elois Zeanah Council Member 2150 WEST HILLCREST DRIVE • THOUSAND OAKS, CALIFORNIA 91320 1 (805) 497.6611 r FAX (805) 499-3105