HomeMy WebLinkAboutResolution No. 6562 RESOLUTION NO. 6562
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING A SHARED -USE PARKING AGREEMENT BETWEEN
PROPERTIES LOCATED AT 8206 FIRESTONE BOULEVARD (DOWNEY'S
BILLIARD), 8222 FIRESTONE BOULEVARD (REDZONE), AND 8224
FIRESTONE BOULEVARD (NET ELECTRONICS) IN THE C3 -DP (CENTRAL
BUSINESS DISTRICT — DOWNTOWN PLAN) ZONE. SHARED -USE PARKING
AGREEMENT No. 01 -67.
WHEREAS, David Levy is the owner of real property at 8206, 8222, and 8224
Firestone Boulevard, as shown on Exhibit "1", the property at 8206 Firestone Boulevard
is developed with a billiard parlor and 32 parking spaces, and the properties at 8222 and
8224 Firestone Boulevard are developed with retail tenant spaces with a combined total
of 6 parking spaces; and
WHEREAS, Ismeal Ruvalcaba, authorized agent for the owner of the property at
8222 Firestone Boulevard, and Lloyd Pinsky, authorized agent for the owner of the
property at 8224 Firestone Boulevard, has executed a Shared -Use Parking Agreement
with Hayk Gevorkyan, authorized agent for the owner of the property at 8206 Firestone
Boulevard, and a true and correct copy of which is attached hereto as Exhibit "A "; and
WHEREAS, pursuant to the Parking Lot Agreement, Ismeal Ruvalcaba, serving in
the capacity as the owners agent agrees to share the use of their parking with Hayk
Gevorkyan of DOWNEY'S BILLIARD, after 6:OOp.m. on Monday through Saturday, and
all day Sunday; and
WHEREAS, both the property at 8222 Firestone Boulevard and 8224 Firestone
Boulevard are located in the C3 (Central Business District) zone; 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 C -3 parcel may be provided on
another C -3 parcel, provided that off - street parking is available for the uses on both
parcels; and
WHEREAS, on April 23, 2002, 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 the 6 spaces belonging to the retail uses at 8222 and 8224 Firestone
Boulevard by the billiard parlor at 8206 Firestone Boulevard; 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 Environment Quality Act, the
Agreement is exempt, in accordance with Section 15301. Class 1 — Existing Facilities;
RESOLUTION NO. 6562
PAGE 2
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY
DOES RESOLVE AS FOLLOWS:
SECTION 1. Of the total off - street parking spaces required by Chapter 1 of
Article IX of the Downey Municipal Code for the development and operation of the
Billiard parlor at 8206 Firestone Boulevard, 6 spaces may be provided in the from the 6
spaces belonging to 8222 and 8224 Firestone Boulevard, subject to the following
conditions, which conditions ensure that off -site parking is available for the Billiard
Establishment at 8206 Firestone Boulevard:
a. The Billiard parlor will be required to keep the three new tables closed during
the daytime hours, before 6pm on Monday through Saturday, to ensure that
other retail uses within the center have sufficient parking.
b. The business at 8222 Firestone Boulevard (REDZONE), AND 8224 Firestone
Boulevard (NET ELECTRONICS) will be closed after 6pm on Monday
through Saturday and must be closed on Sundays, so long as the shared -use
parking agreement is in effect.
c. The additional tables can only remain so long as the shared -use parking
agreement is in effect, or other 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
915015 (c) of the Downey Municipal Code, for non - compliance with any of the conditions set
forth in Section 1 above.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 23 day of April, 2002.
09Nt4iA 4: 1 QARANA 4
MEREDITH H. PERKINS, Mayor
ATTEST:
L i i *e/e/i) *lAddA
KATHLEEN L. MIDSTOKKE, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF DOWNEY )
RESOLUTION NO. 6562
PAGE 3
I HEREBY CERTIFY that the foregoing Resolution No. 65 6 2 was adopted by the
City Council of the City of Downey at the regular meeting held on the 23r day of April, 2002,
by the following vote, to wit:
AYES: 5 Council Members: Cartozi an, Trejo, Winningham, McCarthy, Perkins
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
AB STAIN:O Council Members: None `tlei/4,4007/661ed
KATHLEEN L. MIDSTOKKE, City Clerk
H: \PLANNING \nguyen \Cases \MSC \MSC 01- 67 \MSC0167reso.doc
SHARED PARKING AGREEMENT
EXHIBIT A
Article I (Preamble)
The City of Downey has required Downey's Billiard to enter into an agreement for
shared use parking to make -up the 6 space deficit trigger by their proposed expansion of
three new pool tables. David Levy, property owner of all properties involved in this
agreement, agree to permit the use of this agreement to secure 6 spaces from two tenants
east of Downey's Billiard in accordance with the provisions detailed herein.
Hayk Gevorkyan, tenant /authorized agent for the premises at 8206 Firestone Boulevard,
Downey, California, herein called ( "Downey's Billiard "), and Ismael Ruvalcaba,
tenant /authorized agent for the premises at 8222 Firestone Boulevard, Downey,
California herein called ( "Red Zone "), and Lloyd Pinsky, tenant /authorized agent for
premises at 8224 Firestone Boulevard, Downey, California, herein called ( "Net
Electronics "); agree to share parking available at their respective locations in accordance
with the provisions detailed herein.
Article II (Points of Contact)
Hayk Gevorkyan has been designated as the point of contact for Downey's Billiard.
Ismael Ruvalcaba, will act as the point of contact for "The Redzone." Lloyd Pinsky will
act as the point of contact for "Net Electronics." All matters relating to this agreement
and the administration thereof will be addressed to these persons.
A change to its, point of contact may be unilaterally effected by either party upon written
notification.
Article III (Term)
This agreement shall be for a term of five (5) years commencing PRJ/ - ,
2002, and ending on /f/2J/ 2007, at 12:01 a.m. An option for a five -
year extension expiring [FJ , 2012, at 12:01 a.m., may be exercised
upon the approval of all parties. Additional extensions may be executed upon mutual
agreement.
Page 1
Article IV (Terms for the Shared Parking)
Usage
Business located at 8206 E. Firestone Blvd., will be allowed to share in the usage of the
Net Electronics and Red Zone parking lot of approximately 6 spaces, located entirely to
the south of the building anytime after 6:00 p.m. Monday through Saturday, and all day
Sunday (See Attached Exhibit 1- Plot Plan).
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 for patrons
and for such other purposes as may be normally incidental to operating the business.
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.
Physical Condition
All parties accept the respective parking area of the other party in its as is condition. All
parties warrant that use of their parking area is in full compliance with all laws,
ordinances and codes.
Rents and Fees
No rents or fees shall be paid by either party for utilization of the parking privileges as
described herein.
Page 2
Article V (Assignment)
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.
Article 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 Redzone Net Electronics Downey's Billiard
8222 E. Firestone Blvd. 8224 E. Firestone Blvd. 8206 E. Firestone Blvd.
Downey, CA 90241 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 (Succession of Rights)
This agreement shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the parties 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.
Page 3
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)
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.
Article X (Changes)
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.
Page 4
Article XI (Governing Law)
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 /OW / , 2002, at Los Angeles County, California.
Downey's Billiard:
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Hayk Gevorkyan, tenant /business owner
Redzone
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Ismael Ruvalcaba tenant /business` \owner
Net Electronics:
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Lloyd Pinsky, � tenant/ � ��..___....._
y business owner
P.•:- •w,er: .OP
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• Levy, property o
Page 5
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RESOLUTION NO. 6562
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