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HomeMy WebLinkAbout1996-04-23 - AGENDA REPORTS - WEEKEND PRINCESSA STATION FAIR (2)AGENDA REPORT City Manager Approval Item to be presented by: Dennis Luppens UNFINISHED BUSINESS DATE: April 23, 1996 SUBJECT: WEEKEND LEASE OF PRINCESSA RAIL STATION FOR AUTO FAIR DEPARTMENT: Public Works BACKGROUND In October 1995, staff recommended to Council a proposal from Tyler J. Shaw, sole proprietor of Santa Clarita Auto Fair, to establish business at the Princessa Rail Station on the weekends. Mr. Shaw offered $1,000 per month and physical improvements to the property, including general landscaping and brush removal, to lease this property. Council directed staff to conduct public meetings in the Canyon Country area on Mr. Shaw's proposal. These meetings were conducted on November 15 and 16, 1995 at Sierra Vista and La Mesa Jr, High Schools. Five residents from the Vista del Canon community attended. The residents opposed the proposal. In summary, the rent from the proposal is consistent with the rent the City receives from the Saugus Swapmeet for use of the Soledad Rail Station as a fair parking lot on weekends. The Community Development Department has indicated that a potential auto fair at this location would be in compliance with all applicable zoning regulations. Attached is the proposed agreement, copies of letters Mr. Shaw has circulated to area neighbors, and a March 27, 1996 letter explaining why Mr. Shaw chose to pull his proposal in January. Staff does not anticipate any conflict with the proposed weekend use of the property, as Metrolink provides no passenger rail service on weekends. RECOMMENDATION Upon review and approval of the lease by the City Attorney, authorize the City Manager to enter into an agreement with Tyler J. Shaw to rent space at the Princessa Metrolink Station and increase FY 95-96 Revenue Account 55-3705, Parking Lot Use Fees, from $24,000 to $26,000. ATTACHMENTS Business Proposal Draft Lease Agreement Letter from the City of Thousand Oaks F:lpw'.. a de\SWgF 6AGN 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 T 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. 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 SANTA CLARITA AUTO FAIR Dear Mr. Luppens, As I mentioned in one of our previous meetings, I have contacted several Canyon Country Homeowners Association Managers, via letter, in an effort to meet with the residents of their respective associations and address any comments, questions or concerns they may have in regards to the operation of the proposed Santa Clarita Auto Fair. With exception to the California Summit Association, I have yet to receive any responses or inquiries to my request nor have I received indication of any opposition to the Santa Clarita Auto Fair operation as I explained it in that letter, Below is a list of the Association Managers whom I have contacted and the respective HOA's which they manage. Laura Verdekel Canyon Village Diamond Head Hidden Valley Diamond Head Nancy Brown California Canyon Canyon Country Valencia Vista Judy Rector Bouquet Canyon Hills Circle J. Ranch Linda Stehli American Beauty Meadows Arts American Beauty Village Crown Villas North Oak Creek Stevenson Ranch Crown Villas South Michelle Revello Confetti Hillcrest Park Rhapsody Canyon Crest Villas Wiley Canyon Homeowners Cindy Sewell Tara Cerreli Franciscan Hills American Beauty Classic Portofino American Beauty Village East Shangri-La Seco Villas I am confident and hopeful that we have made an adequate effort in trying to contact as many Canyon Country residents as possible. It is my feeling that residents recognize the value of this service in regards to both safety and convenience. I will keep you informed of any new information I receive prior to the January 9, Council meeting. Sincerely, Dear fellow Santa Clarita residents: My name is Tyler J. Shaw, I am a Deputy Sheriff and have been a Santa Clarita resident for the past 10 years.. The reason I am writing to you, is to solicit your questions and/or comments about a service that will be offered to all Santa Clarita residents. A service that is needed by safety conscience and community oriented residents. We, as Santa Clarita residents, have no "specific" place where we can safely and legally display our used automobiles, RV's, boats and motorcycles when we desire to sell or trade them. At present, we are left with one of two options. First, we may advertise in "for sale" publications and in turn, open our personal lives and expose personal belongings to perspective buyers ("strangers"), as we use our homes as "showrooms This, in many cases, is neither a safe nor "comfortable" practice. The second option is to find a vacant lot or "opportune" street corner to leave our vehicle, unsupervised and, in most cases, illegally parked. Our local Sheriff's office spends a considerable amount of time trying to "clean- up" such vacant lots and street corners by ticketing and towing these vehicles at our cost. Unfortunately, in some instances, they must also take vandalism and theft reports on these very same vehicles. This option also creates an undesirable appearance in our community. The Santa Clarita Auto Fair will provide a safe, legal, convenient, and effective location that will bring many buyers and sellers together each weekend. The Santa Clarita Auto Fair will operate at the Via Princessa Metrolink Station every Saturday and Sunday. This is a relatively remote location that will have a minimal affect on residents as it is located in a "commercial business zone". The Santa Clarita Auto Fair will also provide many services to perspective buyers and sellers such as "appraisals", "multi -vehicle" and "returning weekend" discounts, DMV paperwork for all "private -party" transactions, and "on -duty security" for the entire weekend. We would like to begin offering this service to Santa Clarita residents in January, 1996. Please contact me for pricing information, questions, comments and/or "ideas for success", at your earliest convenience at (805) 255-2646. Sincere) , ler J. haw date: 10-24-95 To: HOA Management From: Tyler J. Shaw Santa Clarita Auto Fair Subject: Request to attend HOA meeting re: opening of Santa Clarita Auto Fair Hello, my name is Tyler J. Shaw and I have been a Santa Clarita resident for the past 10 years and I am employed by the Los Angeles County Sheriffs Department as a Deputy Sheriff, My purpose for contacting you is to request your permission to give a short, informative presentation, approximately 5 minutes, to the homeowners within your jurisdiction, at your next public meeting. The reason and purpose for this presentation would be to inform Canyon Country residents of a service that is going to be offered by myself and through "city legislation to all Santa Clarita residents. I would like to inform and solicit comments or concerns from as many Canyon Country residents as possible since this service will be offered at the Via Princessa Metrolink Station, located at 19201 Via Princessa in Canyon Country. The Santa Clarita Auto Fair will provide a safe and convenient location where residents may display their automobiles, RV's, boats and motorcycles to sell them to other "private - parties". Since the Metrolink location is obviously utilized on weekdays by commuters, the service will be offered on Saturdays and Sundays only. I would be very grateful to be granted the opportunity to attend your next HOA meeting to address any concerns or answer any questions that residents may have regarding the affects that this type of service would have on the surrounding community. It is my belief that the residents of these surrounding communities would be equally grateful for the opportunity to be informed and be given an opportunity to express any concerns that they may have. Thank you for your consideration in this matter and I hope to hear from you soon. Please call anytime (805)255-2646. Si cerel ; c n 1. .fin , �„�((�^,( yler J. haw iamb C/h/fiW P.O. BOX 55776 Santa Clarita CA 91385-0776 Aldo Fair (805) 288-2121 (805) 255-2646 March 27,1996 Dermis Luppens Administrative Assistant 25663 Ave. Stanford Santa Clarita California 91355 Dear Mr. Luppens: I am writing to you per our previous conversation regarding the Santa Qarita Auto Fair. After extensive research and investigation of other potential property locations in which to operate the Santa CZvita Auto Fair, I have once again concluded that the Via Princessa Metrolink Station would most idealistically serve the needs of the community and best facilitate the Santa Narita Auto Fair operation. The "metrolink station" is still the most "remote", yet convenient and effective location for this service. As both a Deputy Sheriffof 5 years and a Santa Clarita resident of 11 years, this "community friendly' service could not be managed by a more safety -conscious and community -oriented person. I am very concerned with the effects that this service would have on the surrounding community and it only inspires me further to forge ahead with this proposal. I feel it would be a tremendous asset to our residents in marry ways. Fust, it will provide a safe, legal and convenient location to display privately owned, "for -sale" vehicles. Second, it will help dean -up our neighborhoods, street comers and vacant lots of abandoned, `Tor -sale" vehicles. And third, it relieves local Law Enforcement of such time crena mring duties as "citing" and towing illegally parked "for -sale' vehicles. I have enclosed several documents that highlight our progress and accomplishments to this point. The documents include; my "request to withdraw my proposal' as I continued to investigate other potential locations. Also enclosed, is the letter I sent to seven (7) HOA Managers representing over twenty-seven(27) homeowner associations, m and around the Canyon Country area, "requesting to attend" meetings to field questions and concerns, if any, from residents. Furthermore, I have enclosed the `brief summary" of the meeting I had with the "California Summit" homeowners, accompanied by the letter that was published by that association, in their respective newsletter. I would like to reiterate that, I have received no opposition to my proposal, other than the five (5) residents that appeared at one of our two scheduled meetings. In fact, I have received a great deal of support from members of the community, who feel strong enough support, to submit their opinions to the Signal newspaper and, on two occasions, contact my home, to encourage the establishment of the Santa Clarita Auto Fair. I feel by not only holding the two (2) "requested" public meetings, but by contacting many HOA's and speaking to residents personally, we have done a great deal to satisfy the interests and concerns of those involved in making the Santa Ckrita Auto Fair a reality. I have also enclosed a copy of the "Real Estate Lease". It is unchanged and the offer still stands as is. I am very hopeful and optimistic that we will complete our negotiations in the near future. I again thank you for your recommendations and persistence in this matter. Sincerely, Tyler J. Shaw 0 Page 2