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HomeMy WebLinkAboutResolution No. 6288RESOLUTION NO. 6288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A SHARED -USE PARKING AGREEMENT BETWEEN A RETAIL USE AT 8221 THIRD STREET, SUITES 101 & 111 AND THE PROPERTY AT 10909 NEW STREET IN THE C3 (CENTRAL BUSINESS DISTRICT) ZONE. WHEREAS, The First Christian Church of Downey is the owner of real property at 10909 New Street; as shown on Exhibit "A "; the property is developed with a church and a 37 -space parking lot (the "Parking Lot"); and WHEREAS, David Smith, the authorized agent for the owners of the property at 10909 New Street, has executed a Shared -Use Parking Lot Agreement & Lease with Tony Bral, of CALIFORNIA ASSET PROPERTIES INC., owner of 8221 Third Street, and a true and correct copy of which is attached hereto as Exhibit "B "; and WHEREAS, pursuant to the Parking Lot Agreement & Lease, David Smith, serving in the capacity as the owners agent agrees to lease a portion of the parking lot to Tony Bral of CALIFORNIA ASSET PROPERTIES INC. and Tony Bral agrees to lease a portion of the Parking Lot from the First Christian Church of Downey, for all times except Sundays from 8 am to 8 pm and on Saturdays from 6 pm to 8 pm; and WHEREAS, both the property at 8221 Third Street and 10909 New Street are located in the C3 (Central Business District); and WHEREAS, pursuant to Section 9150.25 of the Downey Municipal Code, all or a portion of the off- street parking required for the uses on a C3 parcel may be provided on another C3 parcel, provided that off - street parking is available for the uses on both parcels; and WHEREAS, on July 27, 1999, the City Council held a duly - noticed public hearing, pursuant to Section 9150.25(c) of the Downey Municipal Code to consider the shared use of a portion of the Parking Lot at 10909 New Street by the businesses at 8221 Third Street; and WHEREAS, the City of Downey reviewed the proposed Shared -Use Parking Agreement and determined that implementing it will not have a significant effect on the environment, and under the Guidelines of the California Environmental Act, the Agreement is exempt, in accordance with Section 153014. Class 1 — Existing Facilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. Of the total off - street parking spaces required for the development of retail space at 8221 Third Street, seventeen (17) parking spaces may be provided in the Parking Lot at 10909 New Street, subject to the following conditions, which ensure that off -site parking is available for the retail uses at 8221 Third Street: MSC #99-32 Shared Use Parking Page 1 Resolution No. 6288 MSC #99 -32 a. The 17 spaces in the parking lot at 10909 New Street shall be used by the businesses occupying the building at 8221 Third Street, at all times except Sundays from 8 am to 8 pm and on Saturdays from 6 pm to 8 pm; and b. Upon the expiration or earlier termination, cancellation, rescission, revocation or other discharge of the Parking Lease for any reason whatsoever, all retail use for which the off - street parking had been satisfied by the Shared Use Parking Lease shall cease until such time as that off- street parking is provided in accordance with the Downey Municipal Code. SECTION 2. The shared use parking permitted by this Resolution may be revoked by the City Council, after a public hearing for which notice was given in accordance with Section 9150.25 (c) of the Downey Municipal Code, for non - compliance with any of the conditions set forth in Section 1 above. Resolution. ATTEST: SECTION 3. The City Clerk shall certify to the adoption of this APPROVED AND ADOPTED this 27 day of July, 1999. off; udith McDonnell, CITY CLERK I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at it regular meeting held on the 27 day of July, 1999, by the following vote, to wit: AYES:3Council Members: Lawrence, Perkins, McCarthy NOES:OCouncil Members: None ABSENT:2Council Members: Wi nni ngham, McCaughan L•WHAREIW PW I N\AGDA0727Vnac9932r.doc matt- 4(eith McCarthy, Mayor 4 75 CJ�dith McDobi Clerk �Y RESOLUTION NO. 6288 Article 1 (Preamble) Peyman Bral, authorized agent for the premises at 8221 3rd Street, Downey, California, herein called ( "the business "), and the First Christian Church of Downey located at 10909 South New Street, Downey, Califomia, herein called ( "the church"), agree to share parking available at their respective locations in accordance with the provisions detailed herein. Article 11 (Points of Conta Peyman Bral has been designated as the point of contact for the business. David Smith, or any other available ministerial staff member, will act as the point of contact for the church. All matters relating to this agreement and the administration thereof, will be initially addressed to these persons. Should any issue require a decision beyond the authority delegated to either point of contact, the matter will be referred to the goveming body of the appropriate party for resolution. A change to its point of contact may be unilaterally effected by either party upon written notification. Article 111 (Terml This agreement shall be for a term of five (5) years commencing April 1, 1999, and ending on March 31, 2004, at 12:01 a.m. An option for a five - year extension expiring March 31, 2009, at 12:01 a.m., may be exercised upon the approval of both parties. Additional extensions may be executed upon mutual agreement. ■ SNARED PARKING AGREEMEriT EXHIBIT A Article IV (Terms for the Shared Parking) Usage Businesses located at 8221 3rd Street, Suites 101 and 111, will be allowed to share in the usage of the church parking lot, consisting of approximately 19 spaces, located entirely to the south of the fenced grass area at the rear of the church premises at all times except Sundays between 8 a.m. and 8 p.m. and Saturdays, 6 p.m. to 8 p.m. Members, guests, visitors and employees of the church will be allowed to share in the usage of the parking lot belonging to the business on Sundays between the hours of 8 a.m. to 8 p.m. and Saturdays, 6 p.m. to 8 p.m. Reserved spaces, not to RESOLUTION NO. 6288 exceed one -third of the total parking spaces owned by each party, are ° excluded from this agreement. The use of all parking spaces as described above shall, during the term of this agreement and any extensions thereto, be used for the purpose of unattended parking and for such other purposes as may be normally incidental to operating the business and the church, and for no other purposes. Obligations The following describes the obligations and responsibilities of the parties regarding the conduct of the persons authorized by this agreement to park in the parking spaces belonging to the other party: Neither party to this agreement shall commit or permit the commission by others of any waste upon the said spaces. The parties shall not maintain, commit or permit the maintenance or commission of any nuisance as defined in Section 3479 of the California Civil Code on said spaces, and the parties shall not use or permit the use of said spaces for any unlawful purposes. Any such activities shall authorize the other party to immediately terminate this agreement in its entirety upon its discretion. Further, the parties will not commit or permit the commission of any acts on the specified parking spaces nor use or permit the use of the spaces in any manner that will increase the existing rates for or cause the cancellation of any fire, liability, or other insurance policy insuring the parking spaces or the improvements on said spaces. In addition, this entire agreement is subject to dissolution by the other party should one of the parties substantially change the nature of its normal activities (i.e., the church no longer engage in religious pursuits or the business commence the sale and /or consumption of alcoholic beverages or so- called "adult" entertainment endeavors). Physical Condition Both parties accept the respective parking area of the other party in its as is condition. Both parties warrant that use of their parking area is in full compliance with all laws, ordinances and codes. Rents or Fees_ No rents or fees shall be paid by either party for utilization of the parking privileges as described herein. RESOLUTION NO. 6288 Article V (Assianmenti Neither party shall encumber, assign, or otherwise transfer this agreement, any right or interest in this agreement, or any right or interest in the specified spaces or any of the improvements that may now or hereafter be constructed or installed on the said spaces, without the express written consent of the other party. Neither shall the parties sublet said spaces or any part thereof or allow any other person, other than the persons identified in Article IV, to occupy said spaces or any part thereof without the prior written consent of the other party. A consent by the other party for any of these exceptions shall not be deemed to be a consent for any subsequent assignment, subletting or occupation of said spaces by another person. gnicle VI (Notices) Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to either party hereto by the other party hereto shall be in writing and shall be deemed duly served and given when personally delivered to the point of contact as defined in Article II, or in lieu of such personal service, when deposited in the United States mail, first -class postage prepaid, addressed to the party in question as follows: The Church The Busies. 10909 S. New Street 8221 3rd Street Downey, CA 90241 Downey, CA 90241 Either party may change the above listed address(es) by giving written notice of such change to the other party in the manner provided in this article. Article VII ($uccession of Riahtsi Mailing Address P.O. Box 18037 Beverly Hills, CA 90209 This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties - RESOLUTION NO. 6288 hereto, so long as there is no conflict with the provisions of Article V. ' Further, nothing in this article shall be construed as a consent by either party to any assignment of this agreement or any interest therein by the other party except as provided for in Article V. Article VIII (Partial Invalidity). Should any provision of this agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this lease shall remain in full force and effect unimpaired by the holding. Article IX (Sole and Only Agreement) Article X (Changes) At e XI (Governing Law) This instrument constitutes the sole and only agreement between the parties respecting the specified parking spaces, and correctly sets forth the obligations of the parties to each other as of its date. Any agreements or representations respecting said spaces or their usage not expressly set forth in this instrument are null and void. Any article of this agreement may be modified or amended by the mutual agreement of both parties. Such modifications /amendments must be expressed in writing and duly executed by both parties. This agreement shall be governed by the laws of the State of California. This time is expressly declared to be the essence of this agreement: Executed on , 1999, at Los Angeles County, California. RESOLUTION NO. 6288 The Business: The Church: Managing partner for California Asset Properties, LLC George Bo (Trustee), for the First Christian Church of Downey Bettie Skelton (Trustee), for the First Christian Church of Downey A44,(c14LIL Barbara Neder (Trustee), for the First Christian Church of Downey