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HomeMy WebLinkAbout1997-01-14 - AGENDA REPORTS - PARKING LEASE (2)AGENDA REPORT CONSENT CALENDAR DATE: January 14, 1997 City Manager Item to be pre; _LynnM._Hatric SUBJECT: PROPOSED PARKING LEASE AGREEMENT DEPARTMENT: Public Works In August of 1996, staff began construction activity in conjunction with Phase H of the City's Field Services Facility Remodel Project. When completed, this remodel will provide permanent office facilities for both the City's Transit Contractor and a portion of our existing Transit Division staff. The Phase II Remodel also coincided with the arrival of the City's new Transit Contractor (ATCNancom) and its staff. Prior to the start of construction activity and the arrival of ATCNancom, normal day to day activities at the Field Services Office created a situation that made finding adequate parking an extremely challenging proposition at best. Since August of 1996, the parking situation at the Field Services Office has been further impacted through the introduction of additional ATCNancom Transit staff, Transit equipment, and the contractors'- vehicles present at the work site. To address these additional parking needs, Public Works staff was able to negotiate an informal agreement which provided staff with off-site parking. This off-site parking was provided free of charge by Applied Companies, a business located directly across the street from the City's Field Service Office. Our normal day to day activities have always made finding adequate work and parking space an extremely challenging proposition at best. Now, add a six-month construction process to create even more office space, a primary contractor, its subcontractor and all its work vehicles, and you can understand why we run out of parking spaces every morning before 8:00 a.m. While Phase II construction is scheduled to be completed by the end of January 1997, with the increased number of staff employed by ATCNancom and the introduction of additional buses to our transit fleet, staff parking availability is anticipated to remain limited. To this end, the Public Works staff has negotiated a six (6) month Parking Lease Agreement with Applied Companies. Under this proposed Agreement, the City will lease twenty (20) parking spaces from Applied Companies at a monthly rate of $500.00. The total amount of this proposed Agreement is $3,000. This proposed agreement will be funded through existing Transit funds approved during the Mid Year Budget process and does not require any additional appropriations. Appflogg A enda Item:. If That Council direct the City Manager to execute a Parking Lot Lease Agreement with Applied Companies in the amount of $3,000 in order to provide additional parking spaces for City staff. sAccagendaVeaseagr.ce ATTACHMENT Proposed Parking Lease Agreement PARKING LOT LEASE This Agreement is entered into on COMPANIES, herein called "Lessor", and the CORPORATION, HEREIN CALLED "Lessee". 1997 by and between APPLIED CITY OF SANTA CLARITA, A MUNICIPAL This Agreement is an accommodation agreement with the City of Santa Clarita, to provide temporary parking for the employees and agents of the CITY, and the monthly rental amount specified in Section 2 (a) was determined by multiplying the number of leased parking spaces (20) by the agreed monthly price per space rent ($25.00) for a period not to exceed six (6) months, for an agreed total rent of $3,000. Pursuant to this agreement, Lessor agrees to provide Leasee with twenty (20) parking spaces at their facility located at 28020 Avenue Stanford, Santa Clarita, CA 91355 ("Parking Lot"). TERM OF LEASE The term of this lease shall be for a period of six (6) months commencing at 12:01 A.M. on December 10, 1996, and ending at 12:01 A.M. on June 10, 1997, unless sooner terminated as herein provided. 2. BASIC RENT (a) Lessee agrees to pay to Lessor as rent for the use and occupancy of said premisses during the term of this lease specified in Section 1 of this lease a total sum of $250.00 per month on the first day of each month payable without deduction by lessee to lessor at the address specified at the end of this lease for mailing of notices to Lessor. (b) Lessor shall pay any and all real property taxes and/or assessments. 3. USE OF PREMISES The Leased Space shall be used for the parking of automobiles by Lessee and Lessee's invitees and for no other use or uses without the prior express written consent of the Lessor. 4. MAINTENANCE AND REPAIRS Lessee shall during the term of this lease maintain and repair the Parking Lot, in a good, clean, and safe condition, and shall on expiration or earlier termination of this lease surrender the Parking Lot to Lessor in as good condition and repair as existed on the Commencement Date, reasonable wear and tear excepted. 5. TENANT'S LIABILITY INSURANCE For the mutual benefit of Lessor and Lessee, Lessee shall during the term of this lease cause to be issued and maintain on the leased property public liability insurance in the sum of at least $3,000,000 for injury to or death of one person, $3,000,000 for injury or death of more than one person in any one accident, insuring the Lessee against liability for injury and/or death occurring in or on the Leased Space or the common areas as $3,000,000 of property The Lessee shall maintain all such insurance in full force and effect during the entire term of this lease and shall pay all premiums for the insurance. Evidence of insurance and the payment of premiums shall be delivered to the Lessor. Lessee's self-insurance program provides for Lessee to have a $250,000 deductible for which Lessee self insures. Lessee's self insurance program is agreeable to Lessor. 6. INDEMNIFICATION A. Lessee shall indemnify and hold harmless the Lessor from all claims and liability, including attorney's fee in connection with the use by Lessee and its invitees of the leased premises. B. The Lessor shall defend, indemnify, assume all responsibility for and hold the City, and its respective elected and appointed officers and employees, harmless from all costs (including attorney fees and costs), claims, demands or liabilities judgements for any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in the Comprehensive Environmental Response, Compensation and Liability act. ["CERCLA"; 42 U.S.C. Section code 6901 et-seq.] and California Health and Safety Code Section 25280 dscq. at any place where Lessor owns or has control of the real property pursuant to any of Lessor activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107 (e) of CERCLA and California Health and Safety Code Section 25364 to assure, protect, hold harmless and indemnify the City from liability. MATERIAL DEFAULTS: (a) Lessee: If Lessee fails to pay rent or any other payment(s) required by this lease as and when due and if such failure continues for ten (10) days, or if Lessee breaches any other material promise, covenant or agreement contained in the lease and fails to cure such breach within thirty (30) days after receiving a written notice specifying the violation from the lessor, or if the Lessee abandons said property, then Lessor may terminate the lease by giving written notice as provided for in Section 8 (c). (b) Lessor: If Lessor breaches this lease in any manner and it fails to commence to cure such breach within thirty (30) days after receiving a written notice specifying the violation from the Lessee, then Lessee may enforce any and all of its right and remedies hereunder or as provided for by law, or it may cure Lessor's breach and/or perform its obligations and recover from Lessor all reasonable costs and expenses incurred in connection with such cure and/or performance. (c) Notice of Termination: If Lessor, due to Lessee's failure to cure any breach described in Section 8 (a), elects to terminate this lease, then Lessor may terminate this lease upon three (3) days notice for failure to pay rent, and upon the (10) days notice for failure to cure an other defaults. (d) Waiver of Breach: The waiver by one parry of any breach by the other party of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent default or breach by the breaching party either of the same or different provision of this lease. NOTICES Except as otherwise provided by law, any and all notices or other communications required or permitted by this lease or by law to be served on or given to either party to this lease by the other party shall be in writing, and shall be deemed duly served and given when personally delivered to the party to whom it is directed or, in lieu of personal service, when deposited in the United States mail Certified, Return Receipt request postage prepaid, addressed to Lessor at 25700 Rye Canyon Road. Any party may change its address for purposes of this paragraph by giving written notice of the change to the other party in the manner provided in this paragraph. 9. BINDING ON HEIRS AND SUCCESSORS This lease shall be binding on and shall insure to the benefit of the heirs, executors, administrators, successors, and assigned of the parties. 10. LESSOR'S OBJECTIONS If Lessor's breeches its obligations hereunder, lessee agrees that Lessor's obligations hereunder shall be without recourse to the assets of the general partners or of any general partner, officer, shareholder, director, unitholder, or employee of Lessor. Lessee's sole recourse for any obligation of Lessor shall be limited to the fourteen parking spaces adjacent to the property. 11. TIME OF ESSENCE Time is expressly declared to be the essence of this lease. 12. SOLE AND ONLY AGREEMENT This instrument constitutes the sole and only agreement between Lessor and Lessee respecting the Parking Lot or the leasing of the Parking Lot to Lessee, correctly setting forth the obligations of Lessor and Lessee to each other as of its date. Any agreements or representations respecting the Leased Space or their leasing by Lessor to Lessee not expressly set forth in this instrument are null and void. 13. LESSEE'S RIGHT TO TERMINATE The Lessee shall have the right to terminate this agreement upon three (3) days written notice of such termination to the lessor. Executed on California. LANDLORD: APPLIED COMPANIES By: Chief Financial Officer TENANT: CITY OF SANTA CLARITA George Caravalho, City Manager APPROVED AS TO FORM Carl Newton, City Attorney ATTEST Ken Pulskamp, Assist. City Manager/City Clerk SAADMI"RKLEASEMPD