HomeMy WebLinkAboutCC Resolution 11772 (Parking Permits in Third & A St. Garage)RESOLUTION NO. 1 1772
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH
TRANS GENERATION CAPITAL, LLC, FOR THREE
PARKING PERMITS IN THE THIRD AND `A'STREET
PARKING GARAGE
WHEREAS, CITY is the manager of a parking structure located at Third and "A" Streets
in downtown San Rafael, California; and,
WHEREAS, Trans Generation Capital, LLC is the owner of an approved mixed -used,
commercial and residential development project to be constructed at 924 `B" Street adjacent to the
garage; and,
WHEREAS, Trans Generation Capital, LLC as required by condition #21 of the project
approvals (Environmental Design Permit, Use Permit, Variance and Exception), has been unable to
purchase three additional parking spaces; and,
WHEREAS, Condition 21 of the project approval authorizes City's Community
Development Director to allow Trans Generation Capital, LLC to secure the three additional
parking spaces "in an alternate location prior to occupancy"; and,
WHEREAS, City's Community Development Director has determined that Trans
Generation Capital, LLC can satisfy the three -space parking requirement of Condition 21 by
entering a long-term agreement with the City for the purchase of three parking permits for three
spaces in the garage adjacent to project;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby approves and authorizes the City Manager to execute an agreement with Trans
Generation Capital, LLC for the long-term purchase of three parking permits for the Third and "A"
garage, in the form attached hereto and incorporated herein.
I, Jeanne M. Leoncini, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael
City Council held on the 6th day of June, 2005, by the following vote to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
JEA&M�.o
EONCIlVI, City Clerk
AGREEMENT BETWEEN THE CITY OF SAN RAFAEL
AND TRANS GENERATION CAPITAL, LLC FOR THREE
PARKING PERMITS FOR SPACES IN THE THIRD AND "A"
PARKING GARAGE
This Agreement is entered into as of the 6th day of JUNE, 2005 , by and between
the CITY OF SAN RAFAEL ("CITY", herein), a charter CITY duly incorporated under the
laws of the State of California, and TRANS GENERATION CAPITAL, LLC
("PERMITEE", herein), a California Limited Liability Corporation, duly formed under the laws
of the State of California, with reference to the following:
WHEREAS, CITY is the manager of a parking structure ("GARAGE", herein) located
at Third and "A" Streets in downtown San Rafael, California; and,
WHEREAS, PERMITEE is the owner of an approved mixed -used, commercial and
residential development project to be constructed at 924 `B" Street ("PROJECT", herein)
adjacent to GARAGE; and,
WHEREAS, PERMITEE, as required by condition 421 of the PROJECT approvals
(Environmental Design Permit, Use Permit, Variance and Exception), has been unable to
purchase three additional parking spaces for PROJECT ; and,
WHEREAS, Condition 21 of the approval of PROJECT authorizes CITY's Community
Development Director to allow the PERMITEE to secure the three additional parking spaces "in
an alternate location prior to occupancy"; and,
WHEREAS, CITY's Community Development Director has determined that
PERMITTEE can satisfy the three -space parking requirement of Condition 21 by entering a
long-term agreement with the City for the purchase of three parking permits for three spaces in
the GARAGE adjacent to PROJECT
NOW, THEREFORE, the parties agree as follows:
1. Grant of PERMITS.
CITY grants to PERMITEE three parking permits ("PERMITS", herein) for the access to
GARAGE of three vehicles registered, owned or leased by residential tenants of PROJECT, and
for no other purpose. PERMITEE understands, acknowledges and agrees that the grant of these
PERMITS does not convey any interest in real property, that the PERMITS are personal to the
PERMITEE and/ or successors in interest of PROJECT that the PERMITS may only be used by
PERMITEE's residential tenants in PROJECT.
2. Assienment of PERMITS.
UPON designation by PERMITEE of three residential tenants in PROJECT, CITY shall
issue to each said designated residential tenant, one PERMIT for access of one, designated, non-
commercial vehicle to GARAGE. Said PERMITS shall be subject to all laws, rules and
regulations applicable to all other CITY parking permits. PERMITEE understands, acknowledges
and agrees and shall inform and ensure that PROJECT residential tenants understand,
acknowledge and agree, that these PERMITS for designated vehicle access to GARAGE are for
the exclusive use of that designated residential tenant for the parking of that tenant's own
personal vehicle in GARAGE and for no other purpose. PERMITEE shall have its designated
tenants execute and deliver to CITY a "Agreement for Monthly Parking Card/Permit". It shall be
PERMITEE's responsibility to ensure that any subsequent, successor tenants execute and deliver
to CITY same Agreement.
3. Assumption of Risk.
PERMITEE, shall assume all risk of damage to its property, to it, its agents, its
employees, its tenants, or to any property under PERMITEE's control or custody, or any property
under the control or custody of its employees, agents or tenants, while in GARAGE, or incident
to PERMITEE's tenants use of GARAGE.
4. Term of Aereement; Termination
a. The term of this Agreement shall commence on the date of first residential
occupancy of PROJECT and shall terminate on June 30, 2050. This Agreement shall
automatically renew for up to two additional periods of ten (10) years each if no notice of
termination is given by either party, in writing, at least ninety (90) days prior to the expiration
date. After the two periods of extension, the parties shall meet to discuss further extensions of the
Agreement or satisfaction of Condition 21 in another manner acceptable to CITY.
b. PERMITEE may, upon production of evidence indicating its purchase of three
parking spaces within the area for the purpose of satisfying Condition 21 and upon ninety (90)
days written notice to CITY, terminate this Agreement. CITY must acknowledge in writing
satisfaction of Condition 21 for termination of this Agreement to be effective.
C. This Agreement shall automatically terminate if the use of PROJECT or any part
thereof as constructed and occupied, is changed, including but not limited to the cessation of any
residential rental units, from the uses specified in the PROJECT approvals.
d. This Agreement shall automatically terminate if PERMITEE fails to pay amount
due on date due. This Agreement shall automatically terminate if PERMITEE fails to have
designated tenants and/or their successors, execute and deliver to CITY the "Agreement for
Monthly Parking Card/Permit", a copy of which is attached hereto and incorporated herein as
Exhibit A. Should a residential tenancy of PERMITEE become vacant, however, no such
termination shall occur if PERMITEE notifies City in writing of said vacancy.
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5. Compensation
In consideration for CITY's grant of PERMITS to PERMITEE, PERMITEE shall pay to
CITY three times the amount currently charged monthly permit holders for a single parking space
in GARAGE. This amount shall be adjusted periodically in accordance with CITY's periodic
adjustment of monthly parking space permits. PERMITEE shall pay this amount to CITY, in
advance, on January 1 and July 1 of each year.
6. Permits Not For DesiLynated Spaces
PERMITEE understand acknowledges and agrees, and will ensure that PERMITEE's
tenants understand acknowledge and agree, that PERMITS allow parking in any space in
GARAGE and not to any specially designated space and that PERMITS do not guarantee an
available parking space. Should GARAGE become unavailable due to construction, damage or
some other reason, CITY shall have the right to transfer designated spaces for PERMITEE to
another CITY parking facility.
7. Indemnity.
PERMITEE shall hold harmless, release, indemnify and defend (with counsel reasonably
satisfactory to CITY) the CITY, the San Rafael Redevelopment Agency, their officers, agents,
employees and volunteers, their successors and assigns (the "Indemnities"), from and against all
liability, cost and expense for loss of or damage to property and for injuries to or death of any
person (including, but not limited to, the property and employees of each party) when arising or
resulting from the use of the PERMITS by PERMITEE, its agents, employees or tenants; or
PERMITEE's breach of any provision of this Agreement. The duty of PERMITEE to indemnify
and save harmless the Indemnities herein, includes the duties to defend as set forth in §2778 of
the Civil Code. It is the express intent of the parties under this section, that PERMITEE will
defend, indemnify and hold harmless the Indemnities from any and all claims, suits or actions
arising from any cause whatsoever as set forth above, other than the willful misconduct or
criminal acts, or sole negligence of the Indemnities. This indemnity shall survive termination of
this Agreement. It is the intention of the parties that should any term of this indemnity provision
be found to be void or unenforceable, the remainder of the provision shall remain in full force
and effect.
Any tenant PERMITEE designates for a PERMIT for vehicle access to GARAGE, shall
be subject to all the applicable terms of this Agreement.
PERMITEE understands acknowledges and agrees to the all of the specific obligations
expressed in this indemnity provision.
8. Compliance with Laws, Rules and ReLyulations.
PERMITEE shall comply, at PERMITEE's sole expense, with all applicable laws,
regulations, rules, and orders with respect to use of GARAGE by PERMITEE or PERMITEE's
tenants. PERMITEE shall ensure that PERMITEE's designated tenants issued PERMITS
a
pursuant to this Agreement are informed of and understand, acknowledge and agree to comply
with all applicable laws, rules and regulations, with respect to use of GARAGE. PERMITEE and
PERMITEE's designated tenants shall be subject to all of the terms and conditions, including but
not limited to penalties, contained in the "Monthly Parking Agreement Terms and Conditions" a
copy of which is attached hereto and incorporated herein as Exhibit B.
9. Notices.
All notices required or permitted to be given under this LICENSE and Agreement shall be
in writing and mailed postage prepaid, or by personal delivery or by overnight courier, to the
appropriate address indicated below or at such other place or places as either CITY or
LICENSEE may, from time to time, respectively, designate in a written notice given to the other.
Notices shall be deemed sufficiently served four (4) days after the date of mailing by certified or
registered mail, one (1) day after mailing by overnight courier, or upon personal delivery.
To CITY: Manager of Parking Services
City of San Rafael
P.O.Box 151560
San Rafael, CA 94915-1560
Fax: 415-458-5335
To PERMITEE: Trans Generation Capital, LLC
PO Box 1146
Lafayette, CA 94549
Attention: Larry P. Haydon
10. Successors and AssiLyns.
PERMITEE shall not assign nor encumber, in whole or in part, any rights granted by
PERMIT, nor shall PERMITEE allow any other person, firm, entity, or corporation to use, in
whole or in part, any of the rights or privileges granted by CITY to this PERMITEE, without the
express written consent of CITY. Any assignee of PERMITEE, approved by CITY, will be
required to assume all of the obligations of this Agreement before any such assignment will be
effective.
11. No Waiver.
No waiver of any default or breach of any covenant of this Agreement by either party
shall be implied from any omission by either party to take action on account of such default if
such default persists or is repeated, and no express waiver shall affect any default other than the
default specified in the waiver, and then the waiver shall be operative only for the time and to the
extent stated. Waivers of any covenant, term, or condition by either party shall not be construed
as a waiver of any subsequent breach of the same covenant, term, or condition. The consent or
approval by either party to or of any act by either party requiring further consent or approval
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shall not be deemed to waive or render unnecessary their consent or approval to or of any
subsequent similar acts.
12. Severabilitv.
Each provision of this Agreement is intended to be severable. If any term or provision
shall be determined by a court of competent jurisdiction to be illegal or invalid for any reason
whatsoever, such provision shall be severed from this Agreement and shall not affect the validity
of the remainder of this Agreement.
13. Attorney's Fees.
If any legal proceeding should be instituted by either of the parties to enforce the terms of
this Agreement or to determine the rights of the parties under this Agreement, the prevailing
party in the proceeding shall receive, in addition to all court costs, reasonable attorney's fees.
14. Condition to Effectiveness.
As a condition precedent to the effectiveness of this Agreement, PERMITEE shall
provide CITY 1) list of designated tenants (name, address, telephone number and number of
residential unit in PROJECT tenant occupies) and 2) Agreements specified in section 8, executed
by all designated tenants.
15. GoverninL, Law.
The terms and conditions of this Agreement shall be interpreted in accordance with the
laws of the State of California.
16. Intezration.
This Agreement constitutes the complete expression of the agreement between the parties
and supersedes any prior agreements, whether written or oral, concerning the subject of this
Agreement, which are not fully expressed herein. Any modification of or addition to this
Agreement must be in writing and signed by both parties.
CITY OF SAN RAFAEL
JEANNE M. LEONCINI, City Clerk ROD GOULD, City Manager
Date: 6/6%05
5
APPR5WD
C.
G l4�
GARY RA
I1-1-,-1 (L/I./us
PERMITEE
T,Q,FORM:
Signature:
%i
Name: Larry P. Haydon
Address: PO Box 1146
Lafayette,
CA 94549
�NTJ� City Attorney
Phone: (925) 283-4400
Fax: (925)284-4504
0
AGREEMENT FOR MONTHLY PARKING CARD/PERMIT
LOCATION: (please check one) Third & A Street ❑ Third and C Street ❑
ACCOUNT INFORMATION
Account Name:
Address: Ste:
City: Zip: Contact:
Telephone:
CARD/PERMIT HOLDER INFORMATION (if same as above leave blank)
Holder Name:
Address: Ste:
City:
Telephone:
VEHICLE INFORMATION
Zip: Contact:
LP #1: Make/Model./Color:
LP #2: Make/Model/Color:
..................................................... ■ ....... 0 0 E 0 0 0 0 0 0 E E E ...... 0 N a N 1
I have read, understand, and fully agree to comply with all of the Monthly Parking Agreement
Terms and Conditions and agree that the issuance of a card is contingent upon my acceptance of
all of these terms and conditions.
Print Name
Signature Date
FOR OFFICE USE ONLY
Date Application Rec'd: Acct# Card#
Date Card/Permit Issued: Contact Name:
Method of Delivery: Contact Ph.#:
Management Services Department — Parking Services Division
1400 Fifth Avenue, P.O. Box 151560, San Rafael, CA 94915-1560
Phone: (415) 458-5333 • Facsimile: (415) 458-5334
Exhibit A
CITY OF
MAYOR
Albert J. Boro
•roldi
400 COUNCIL MEMBERS
Paul M. Cohen
Barbara Heller
Cyr N. Miller
Gary Phillips
Monthly Parking Agreement Terms & Conditions
1. This card/permit is issued to the undersigned ONLY for their sole use. The card/permit is non -transferable.
2. The City reserves the right to cancel the card/permit and all parking privileges of any parker who, in the sole opinion
of the City, is misusing the card/permit and/or its privileges.
3. The City reserves the right to cancel the card/permit and privileges at any time, without cause, with 30 days notice.
4. The monthly parking payment is due the 25d' day of the month for the following month, on a month-to-month basis.
If full payment has not been received by the first calendar day of the month, the card/permit will be deactivated.
Reactivation of a deactivated card/permit for nonpayment is dependant upon the availability of space in the parking
facility at the time of payment and subject to a $20.00 reactivation fee.
5. Vehicles are subject to the enforcement of any and all California Vehicle Codes and San Rafael Municipal Codes
while parked in facilities.
6. THIS CONTRACT LIMITS OUR LIABILITY — READ IT. This permit licenses the permit holder to park one (1)
automobile in an available space, subject to posted restrictions and restrictions contained herein and at the sole risk
of the permit holder, ONLY at the location indicated on permit.
LOCK YOUR CAR AND TAKE YOUR KEYS. This licensor hereby declares it is not responsible for fire, theft,
damage to or loss of such automobile or any article left therein. Only a license is granted hereby and no bailment is
created.
7. Vehicles must be parked entirely within the stall lines on the floor of the facility.
8. Storage of a vehicle in any facility is prohibited. All vehicles left over 72hrs without movement shall be towed at
the vehicle owner's expense. Temporary exceptions may be made by obtaining authorization from the Parking
Services Office at 415.458.5333.
9. No employee may orally modify this agreement and no oral contract or amendment is enforceable.
10. When an employer pays for the card/permit and there is a change of personnel, a new contract must be completed
and signed to reissue the card/permit. Non-compliance may result in forfeiture of the card/permit.
11. A $10.00 per card fee will be charged at the commencement of this agreement for the purchase of the proximity
card(s) used to enter and exit the parking facility
12. A $15.00 fee will be charged for a replacement card.
13. The card may only be used in an enter — exit method. When the card is used to enter, it must be used to exit before
being used to re-enter.
14. Parkers who misplace or forget their cards must obtain a parking ticket and pay the posted rates. The parking
control equipment operates upon activation of a current card or parking ticket. The attendant is not able to permit
anyone to exit without a card or ticket.
Management Services Department — Parking Services Division
1400 Fifth Avenue, P.O. Box 151560, San Rafael, CA 94915-1560
Phone: (415) 458-5333 • Facsimile: (415) 458-5334
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