national parking & valet ocean avenue pilot program 11-03-14

8/10/2019 National Parking & Valet Ocean Avenue Pilot Program 11-03-14

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AGENDACLOSED SESSION AND SPECIAL MEETINGS

CARMEL-BY-THE-SEA CITY COUNCILMonday, November 3, 2014 4:30 p.m.

Council Chambers, City HallEast side of Monte Verde Street

Between Ocean and Seventh Avenues

CLOSED SESSION - 4:30 p.m.

CALL TO ORDER: Mayor Burnett

ROLL CALL:Mayor: BurnettMayor Pro Tem: BeachCounci l Members: Dallas, Talmage, Theis

PUBLIC COMMENTS:

Mayor Burnett to ask for Public comments on matters ONLY described in this SpecialMeeting Notice (Government Code Section 54954.3).

AGENDA ITEM(S):

Item 1: LABOR NEGOTIATIONS

Government Code Section 54957.8Agency Designated Representatives: ZutlerEmployee Organization: LIUNA; CPOA

ADJOURNMENT OF CLOSED SESSION


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City Council Agenda November 3, 2014

OPEN SSESSION 5:30 p.m.

Next Resolut ion Number 2014-067 Next Ordinance Number 2014-006

1. CALL TO ORDER MAYOR BURNETT

2. ROLL CALL

Mayor: BurnettMayor Pro Tem: BeachCouncil Members: Dallas, Talmage, Theis

3. PLEDGE OF ALLEGIANCE

4. EXTRAORDINARY BUSINESS

Item 4.A: Community Recognition:

Item 4.B: Employee Recognition:

5. ANNOUNCEMENTS FROM CLOSED SESSION, FROM CITY COUNCILMEMBERS AND THE CITY ADMINISTRATOR

Item 5.A: Announcements from Closed Session

Item 5.B: Announcements from City Council Members (Council Membersmay ask a question for clarification, make an announcement orreport on his or her activities)

Item 5.C: Announcements from City Administrator

6. PUBLIC APPEARANCESAt this time, members of the public may comment on any item NOT appearing on the agenda. Under StateLaw, matters presented under this item cannot be discussed or acted upon by the City Council. For itemsappearing on the agenda the public will be invited to make comments at the time the item comes up for


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7. CONSENT CALENDARAll items on the Consent Calendar are to be acted upon by a single action of the City Council unlessotherwise requested by an individual Council Member or the public for special consideration. Otherwise the

recommendation of staff will be accepted and acted upon by majority voice vote.

Item 7.A: Consideration ofApproval of the City Council Minutes:a. Minutes of the October 2, 2014 Closed and Special City Council

Meetingb. Minutes of the October 7, 2014 Regular City Council Meetingc. Minutes of the October 7, 2014 Closed and Special City Council

Meeting

Recommendation: Approve Minutes by Consent Calendar.

Item 7.B: Approval of Warrant Register for the Month of September 2014.

Recommendation: Approve Warrant Register by ConsentCalendar.

Item 7.C: Receive Monthly Summary Report:a. Monthly Police, Fire and Ambulance Reportsb. Receive Monthly Code Compliance Reportsc. Receive Public Record Act and Media Request Logs

Recommendation: Accept report and file, information only.

Item 7.D: Consideration of a ResolutionAdopting a Revised Job Descriptionfor the Community Activities Assistant position.

Recommendation: Adopt Resolution by Consent Calendar.

Item 7.E: Consideration of a Resolution approving the use of one of the FiveCitys Free-use days of the Sunset Center Theater by CarmelPublic Library Foundation


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Item 7.F: Consideration of a ResolutionAuthorizing the City Administrator toextend the Lease Rental Agreement with National Parking andValet for the Management of the Tour Bus Zone and Ocean Ave

Pilot Program, and Execute the Agreement with National Parkingand Valet for the Pilot Parking Ambassador Program.


Item 7.G: Consideration of aResolutionAuthorizing the City Administrator toenter into an Agreement between the City of Carmel-by-the-Sea

and the Transportation Agency for Monterey County for theallocation of $13,000. to the City of Carmel-by-the-Sea as approvedby the Transportation Agency Board of Directors.


Item 7.H: Consideration of a Resolution Awarding a Recycling GrantTotaling $1,500 to the Carmel Youth Center and Allocating theremaining $4,500 in Recycling Grant Funds to the Installation ofCigarette Receptacles at various locations in the City.


Item 7.I Consideration of a ResolutionAuthorizing the City Administrator toEliminate the Position of Administrative Services Director and tofund the Human Resources Manager Position.


Item 7.J: Consideration of a ResolutionAuthorizing the Mayor to Execute anEmployment Agreement between the City of Carmel-by-the-Seaand Douglas J. Schmitz, City Administrator.

Recommendation: Adopt Resolution and executeagreement by Consent Calendar.


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8. ORDERS OF COUNCIL

Item 8.A: Receive Farmers Market Ad Hoc Committee and CommunityActivities and Cultural Commission Recommendations regardingthe Farmers Market and provide direction; Consider extending thecurrent Contract with West Coast Farmers Market Association forup to six months per the Recommendations of CA&CC.

Recommendation: Receive Information and providedirection.

Item 8.B: Appointment to the Regional Waste Management District.

Recommendation: Mayor Burnett to appoint and Council toapprove appointment by voice vote.

9. FUTURE AGENDA ITEMS

10. RECONVENE TO CLOSED SESSION (IF NECESSARY)

11. ADJOURNMENT

AFFIDAVIT OF POSTINGI, Lori Frontella, MMC, Interim City Clerk, for the City of Carmel-by-the-Sea, DO HEREBYCERTIFY, under penalty of perjury under the laws of the State of California, that the foregoingnotice was posted at the Carmel-by-the-Sea, City Hall bulletin board, the Harrison MemorialLibrary on Ocean and Lincoln Avenues and the Carmel Post Office; and distributed to membersof the media on this date the 30

th, day of October, 2014.

Dated this 30th, day of October 2014 at the hour of 10:00 a.m.

_________________________________________Lori Frontella, MMCInterim City Clerk

General Information: The City Council of Carmel-by-the-Sea meets on the First


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City Council Agenda

November 3,

2 14

I 8 ORDERS OF COUNCIL

Item 8.A:

Item 8.8:

Receive Farmers Market Ad Hoc Committee and Community

Activities and Cultural Commission Recommendations regarding

the Farmers' Market and provide direction ; Consider extending the

current Contract with West Coast Farmers' Market Association for

up to six months per the Recommendations of

CA CC.

Recommendation:

direction.

Receive Information and provide

Appointment to the Regional Waste Management District.

Recommendation: Mayor Burnett to appoint and Council to

approve appointment by voice vote.

I9. FUTURE AGENDA ITEMS

10. RECONVENE TO CLOSED SESSION IF NECESSARY)

j11.

ADJOURNMENT

AFFIDAVIT OF POSTING

I, Lori Frontella, MMC, Interim City Clerk, for the City

of

Carmel-by-the-Sea,

DO

HEREBY

CERTIFY, under penalty

of

perjury under the laws of the State of California, that the foregoing

notice was posted at the Carmel-by-the-Sea, City Hall bulletin board, the Harrison Memorial

Library on Ocean and Lincoln Avenues and the Carmel Post Office; and distributed to members

of

the media on this date the

30t

h day of October, 2014.

Dated this 30th day

of

October 2014 at the hour

of

10 :00 a.m.

. j J t A

Lon

ontella, MMC

Interim City Clerk

General Information:

The City Council of Carmel-by-the-Sea meets on the First


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Broadcastings: City Council meetings are available for viewing on the Sunday at8:00 a.m. following the Tuesday City Council meeting or on linestreaming 24/7 atwww.ci.carmel.ca.us.

ADA Notice: In compliance with the Americans with Disabilities Act, if youneed special assistance to participate in this meeting, pleasecontact the City Clerks Office at 831-620-2007 at least 48 hoursprior to the meeting to ensure that reasonable arrangements canbe made to provide accessibility to the meeting (28CFR 35.102-35.104 ADA Title II)
http://www.ci.carmel.ca.us/http://www.ci.carmel.ca.us/http://www.ci.carmel.ca.us/http://www.ci.carmel.ca.us/


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CITY OF CARMEL-BY-THE-SEA

Council Report

November 3, 2014

To: Honorable Mayor and Members of the City Council

From: Michael Calhoun, Director of Public Safety

Subject: Consideration of a Resolution Authorizing the City Administrator to

extend the lease rental agreement with National Parking and Valetfor the management of the tour bus zone and Ocean Ave parkingpilot program, and execute the agreement with National Parking andValet for the Pilot Parking Ambassador program.

RECOMMENDATION(S):By motion to Consent Calendar, Adopt the Resolution authorizing the City Administratorto extend the lease rental agreement with National Parking and Valet.

EXECUTIVE SUMMARY:The City's current lease agreement with National Parking and Valet is for themanagement operation of the Sunset Center North parking lot located at the SunsetCenter and the tour bus zone located at Ocean Avenue and Junipero. The original leaseagreement commenced on January 1, 2005 and was extended through June 2012. TheCity currently retains 68.5% of the gross parking revenues. The new contract agreement

increases the amount the City retains to 75%. National Parking and Valet has effectivelymanaged parking revenues received from the Sunset Center North lot and tour bus zonefor the City of Carmel since 2005.

At the May 6th City Council meeting, staff presented to Council parking managementpolicies which included allowing unrestrictive parking at the Sunset Center North parkinglot. This program was implemented in August of this year and as a result, NationalParking is no longer collecting parking revenue from the Sunset Center North parking lot.

Council also recommended for staff to develop a parking pilot program for the downtowncommercial area on Ocean Avenue and the new lease/rental agreement will authorizeNational Parking and Valet to manage the parking revenues during the pilot programoperational period. National Parking and Valet also proposes to implement a two monthparking ambassador program to educate and provide assistance to users of the parkingpay stations during the first two months of the program with the option of extending the


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program from November 2014 through October 2015. National Parking and Valet alsoproposes to provide personnel for two months for the Pilot Parking Ambassadorprogram.

ANALYSIS/DISCUSSION:(including why Council is considering the item and justification forrecommendation)

National Parking and Valet has effectively managed the Sunset Center North parking lotand tour bus zone for several years. During the duration of the contract relationship,National Parking and Valet has been responsive to the City regarding the managementof parking revenues and they are very familiar with Digital Payment Technologiesmanagement system. Digital Payment Technologies is the vendor for our current pay

and display parking machines and they were awarded the contract for the parking pilotprogram. Because of National Parking and Valets familiarity with the current parkingmanagement system, it is recommended to extend the contract for one year fromNovember 2014 through October 31, 2015.

The pilot program is for a period of six months with five (5) multi-space pay stationsinstalled along both sides of Ocean Ave for a total of ten pay stations, between Junipero

Ave and Monte Verde Street. At the conclusion of the six month trial program, the City

may extend the program on a month to month basis. The Pilot Parking Ambassadorprogram is for two months consisting of two employees from National Parking and Valeteducating and assisting residents and citizens operating the multi space parking paystations.

Upon final Council approval, the parking pilot trial period will commence around the firstweek of November 2014.

OPTIONS:The City Council may take the following actions:

1. Award a one year contract to National Parking and Valet for the managementoperation of the pilot parking program and authorize the City Administrator toexecute contract and all related documents.

2. Authorize the City Administrator to execute contract with National Parking and

Valet for the Pilot Parking Ambassador program.

FISCAL IMPACT:The Carmel by the Sea Capital Improvement Plan for the FY 14/15 budget includes$474,000 for planning and implementation of the Parking Management Plan. Estimated


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state)

I

Yes- CIP

Project

POL-1415-04 General Fund- Parking Management Plan I

PREVIOUS COUNCIL ACTION DECISION HISTORY:

Parking management is one

of

the City s 2013/14 key in itiatives. The Walker Study was

completed in 2013; Council held a public workshop on November 4, 2013. Council

directed staff to develop a parking management plan at its December 3rd Council

meeting, and directed staff to implement a parking pilot program at its May 6, 2014

council meeting.

ATTACHMENTS:

1 Resolution

2 National Parking Rental Lease Agreement

3. National Parking Ambassador Agreement

4. Pilot Program Projected Net Revenue Estimate

APPROVED:

a t e 2 7 ~ / Y

Douglas J S ~ i t y Administrator


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CITY COUNCIL

CITY OF CARMEL-BY-THE-SEA

RESOLUTION 2014-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFCARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXTEND

THE LEASE/RENTAL AGREEMENT WITH NATIONAL PARKING AND VALET FORTHE MANAGEMENT OF THE TOUR BUS ZONE AND OCEAN AVE PILOT PARKING

PROGRAM, AND EXECUTE THE AGREEMENT WITH NATIONAL PARKING AND

VALET FOR THE PILOT PARKING AMBASSADOR PROGRAM.

WHEREAS, the City of Carmel-by-the-Sea has a lease agreement with NationalParking and Valet for the management of the parking lot located at the north lot ofSunset Center and the tour bus parking lot located at the corner of Ocean Ave andJunipero; and

WHEREAS, the new rental/lease agreement includes operation and managementof the Pilot Parking program and a separate two month agreement for the Pilot Parking

Ambassador program; and

WHEREAS, the current lease agreement expired on June 30, 2113; and,

WHEREAS, National Parking and Valet has demonstrated the necessary expertiseand experience to monitor the operation and maintenance of the parking pay stations;

and,

WHEREAS, The City Council desires to extend the lease/rental agreementthrough October 31, 2015 and increase the percentage of parking revenues retained bythe City from 68.5% to 75% and authorize the City Administrator to execute the newlease/rental agreement and Pilot Parking Ambassador program; and,

WHEREAS, The Capital Improvements includes funding in the FY 2014/15 budgetfor the implementation and operation of the Parking Management Plan.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THECITY OF CARMEL-BY-THE-SEA DOES:

1 Authorize the City Administrator to execute on behalf of the City the attached


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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-

BY-THE-SEA on this 3rd day of November 2014 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

SIGNED: ATTEST:

_________________________ ___________________________Jason Burnett, Mayor Lori Frontella, MMC

Interim City Clerk


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LEASE/RENTAL AGREEMENT BETWEEN

THE CITY OF CARMEL-BY-THE-SEA

AND

NATIONAL PARKING AND VALET

This Lease/Rental Agreement, executed at Carmel-by-the-Sea, California this

__1st___day of ____November______ , 2014 by and between the City of Carmel-by-the-Sea(hereinafter referred to as LESSOR/RENTOR) and NATIONAL PARKING AND VALET, a

division of Pacific Parking & Valet, LLC (hereinafter referred to as LESSEE/RENTEE),

supersedes all previous agreements between the parties with respect to Premises described herein.

IT IS AGREED between the parties hereto as follows:

1. Description of Premises.

1.1 LESSOR/RENTOR hereby leases to LESSEE/RENTEE, and LESSEE/RENTEE hires from

LESSOR/RENTOR, under the terms and conditions hereinafter set forth, those certain

improvements located on those certain parcels of land situated in the City of Carmel-by-the-Sea

and commonly described as the parking lot located on the north lot of Sunset Center, the tour

bus parking lot located at the corner of Ocean Avenue and Junipero Street, and Ocean Avenue

between Junipero Street and Monte Verde Street Carmel-by-the-Sea, Monterey County,

California (hereafter Premises).

2. Term.

2.1 The term of this Lease/Rental Agreement shall be for twelve (12) months,

commencing on 1 November, 2014 and ending on 1 October, 2015.

2.2 The LESSOR/RENTOR may terminate this contract by giving at least thirty (30) days

written notice to LESSEE/RENTEE if LESSOR/RENTOR determines, in LESSOR/RENTORs sole

discretion, that the premises are to be incorporated into a city-wide Parking Plan which will

either subject the Premises to significant construction/modification, or change the Premises use

classification in any way that precludes it from being used in a manner that is consistent with


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3. Compensation.

3.1 LESSEE/RENTEE shall pay to LESSOR/RENTOR seventy-five percent (75%) of theGross Revenue as defined hereinbelow. In addition LESSEE/RENTEE shall pay to LESSOR/RENTOR

the sum of $1,000 as set forth in 4.6 of this Agreement.

Gross Revenue as referred to above is defined to include, but not be limited to, total receipts

from parking collections prior to the payment of local taxes including any possessory use tax,

permit and licensing fees, and utilities. Gross Receipts shall exclude federal and state incometax, and parking machine parts and maintenance.

3.2 LESSEE/RENTEE acknowledges that the late payment by LESSEE/RENTEE of

any rentals due hereunder will cause LESSOR/RENTOR to incur certain cost and expenses not

contemplated under this Lease, the exact amount of which will be extremely difficult orimpractical to ascertain. Such costs and expenses include, without limitation, administrative and

collection costs and processing and accounting expenses. Accordingly if any rental payment

hereunder is not received by LESSOR/RENTOR from LESSEE/RENTEE within ten (10) daysfrom the date it becomes due, LESSEE/RENTEE shall immediately pay to LESSOR/RENTOR,without prior notice or demand, a late charge of five percent (5%) of the then-gross monthly

rental. LESSOR/RENTOR and LESSEE/RENTEE agree that this late charge represents a

reasonable estimate of such costs and expenses and is fair compensation to LESSOR/RENTORfor its losses sustained by reason of LESSEEs /RENTEEs failure to make timely payment. In

no event shall this provision for the payment of a late charge be deemed to grant to

LESSEE/RENTEE a grace period or extension of time within which to pay any rental due

hereunder or prevent LESSOR/RENTOR from exercising any right or remedy available toLESSOR/RENTOR upon LESSEEs/RENTEEs failure to pay such rental when due, including

the right to terminate this Lease.

3.3 If any rental remains delinquent for a period in excess of thirty (30) days, then, in

addition to the late charge provided hereinabove, LESSEE/RENTEE shall pay to LESSOR/RENTOR

interest on any rental that is not paid when due at the lesser of eighteen percent (18%) per

annum or the maximum interest rate permitted by law (the Default Rate), from the thirtieth(30th) day following the date such amount became due, until paid.

4. Use.

4.1 The Premises shall be used only for the commercial parking of motor vehicles,


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4.2 LESSEE/RENTEE may operate and make available special event parking, overnight

parking, tour bus and/or hostelry valet guest programs from time to time during the term of this

Lease and any extension or renewal thereof. LESSEE/RENTEE shall notify the Carmel-by-the-Sea

in advance of any said usages. All revenues generated from such overnight parking programsshall be included in the monthly gross revenue referred to in Section 3.1 hereof.

4.3 LESSEE/RENTEE shall not use or permit the Premises or any part thereof to be

used for any purpose or purposes other than those for which the Premises are hereby leased.

4.4 From time to time, LESSEE/RENTEE may exercise the right to use Premises for

after-hours special events/hospitality purposes for its customers, conditioned upon such use not

conflicting with any of the terms of this Lease/Rental Agreement.

4.5 In the event of an act of God or a major emergency/disaster which renders

Premises not useable by LESSEE/RENTEE, or requires LESSOR/RENTOR to use Premises for its

emergency purposes, all of LESSEEs/RENTEEs obligations hereunder shall cease during

LESSORs/RENTORs emergency use and the term of this Lease will be extended for the same

period of time LESSEE/RENTEE is unable to use Premises.

4.6 LESSEE/RENTEE shall be permitted to operate the back half of the Sunset CenterNorth Parking Lot from Thursday through Sunday of the AT&T National Pro AM Golf Tournament

for a private client. LESSEE/RENTEE will pay LESSOR/RENTOR $1,000 for usage of lot during this

time. The front half of the lot will remain open for the general public.

5. Taxes.

5.1 LESSOR/RENTOR shall pay all real estate and/or personal property taxes on the

Premises. LESSEE/RENTEE shall pay for permits, fees and a City of Carmel-by-the-Sea businesslicense.

5.2 LESSEE/RENTEE shall pay the Monterey County Possessory Use Tax as assessed by

the County of Monterey.

6. Repairs and Maintenance, Utilities.

6.1 LESSEE/RENTEE shall, during the term of this Lease and any renewal or extensionhereof, at its sole expense, maintain the Premises in a clean, orderly and good condition,

reasonable wear and tear excepted. LESSEE/RENTEE shall not commit or suffer to be committed

any waste or any nuisance upon the Premises. LESSEE/RENTEE shall not knowingly commit or

willingly permit to occur or be committed any act or thing contrary to the laws and regulations

prescribed from time to time by any federal, state or municipal authority. LESSEE/RENTEE shall


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Street, Eighth Avenue, San Carlos Street and Sunset Center ramp) adjoining the Premises and

shall promptly remove all such material.

LESSEE/RENTEE accepts the Premises as being in good and sanitary order, condition and repair,

and shall surrender unto LESSOR/RENTOR Premises in clean and good condition, reasonable use

and wear thereof excepted, upon the termination of this Lease. LESSEE/RENTEE shall provide

and pay for ongoing maintenance of landscaping ensuring the natural growth characteristic of

same, including the continued watering and maintenance of landscaping and planters for the

term of this Lease. LESSOR/RENTOR shall be responsible for maintenance and repair of light

poles/lights, electricity and on or by the premises, asphalt damage, and plumbing located on or

related to use.

7. Improvements.

7.1 LESSEE/RENTEE shall have the right, from time to time, to make such alterations

and improvements to the Premises as shall be reasonably necessary or appropriate in

LESSEEs/RENTEEs judgment for LESSEEs/RENTEEs use of the Premises as provided herein,

subject to LESSEEs/RENTEEs first obtaining LESSORs/RENTORs approval of plans therefor,

which consent and approval shall not be unreasonably withheld. All such alterations and

improvements shall be deemed to be part of Premises herein described and shall remain uponPremises at the sole discretion of LESSOR/RENTOR, and become the property of

LESSOR/RENTOR upon the termination of this Lease or any extension or renewal thereof.

8. Indemnity.

8.1 LESSEE/RENTEE hereby agrees to indemnify, defend and hold LESSOR/RENTOR

and its public officials, officers and employees, harmless from and against all liabilities, losses,

costs and expenses incurred by LESSOR/RENTOR and claims made against LESSOR /RENTOR forinjury or death to persons or damage to property of whatsoever kind or nature (including,

without limitation, attorneys fees and costs) which are in any way connected with

LESSEEs/RENTEEs use or occupancy of Premises or the streets, sidewalks and alleys adjacent

thereto.

9. Compliance with the Law.

9.1 LESSEE/RENTEE shall, at its sole cost and expense, comply with all requirementsof municipal, state and federal authorities now, or which may hereafter be, in force pertaining to

LESSEEs/RENTEEs use or occupancy of the Premises, or LESSORs/RENTORs ownership thereof.

The judgment of any court of competent, jurisdiction or the admission of LESSEE/RENTEE in any

action or proceeding against LESSEE/RENTEE, whether LESSOR/RENTOR be a party thereto or


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10. Insurance.

10.1 LESSOR/RENTOR shall maintain in effect throughout the term of this Agreement apolicy or policies of insurance with the following minimum limits of liability:

a. Commercial general liability, including but not limited to premises, personalinjuries, death, products, and completed operations, with a combined single limit

of liability of $1,000,000 per occurrence, and

b. LESSEE/RENTEE shall maintain workers compensation insurance in accordancewith the California Labor Code with a minimum of $1,000,000 per occurrence for

employer liability.

LESSEE/RENTEE shall provide and maintain at its own expense, during the term of this

Agreement, a comprehensive general liability policy, including but not limited to premises,

personal injuries, products, and completed operations, of insurance, satisfactory to

LESSOR/RENTOR, with a combined single limit of not less than ONE MILLION DOLLARS($1,000,000) per occurrence for property damage and for bodily injury or death of persons.

All insurance required by this Agreement shall be with a company acceptable to

LESSOR/RENTOR and authorized by law to conduct insurance business in the State of California.

All such insurance shall be written on an occurrence basis, or, if the policy is not written on an

occurrence basis, such policy with the coverage required herein shall continue in effect for a

period of two (2) years.

Each insurance policy shall provide an endorsement naming CITY, its officers, agents, employees

and volunteers as Additional Insured and shall further provide that such insurance is primary

insurance to any insurance or self-insurance maintained by CITY and that the insurance of the

Additional Insured shall not be called upon to contribute to a loss covered by the insurance CITY.

Each insurance policy shall provide that LESSOR/RENTOR shall be given notice in writing at least

thirty (30) days in advance of any change, cancellation or non-renewal thereof. Said policy shall

provide identical coverage for each subcontractor, if any, performing work under thisAgreement, or be accompanied by a certificate of insurance showing each subcontractor has

identical coverage.

As a condition precedent to LESSOR/RENTOR performance pursuant to this Agreement,

LESSEE/RENTEE shall file ith a certificate of ins rance ith the Cit Risk Management Officer


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10.2 For all times during the term of this Lease and any extension or renewal hereof,

LESSEE/RENTEE shall procure and maintain, at LESSEEs/RENTEEs sole expense, fire and

extended coverage, vandalism and malicious mischief and all-risk insurance coverage for its own

personal property and leasehold improvements. LESSEE/RENTEE shall submit toLESSOR/RENTOR certificates evincing the insurance required hereunder, which certificates shall

name LESSOR/RENTOR and its public officials, officers and employees as additional insureds as

its interests may appear and shall contain a written obligation on the part of the insurance

carrier (s) named therein requiring that carrier shall notify LESSOR/RENTOR in writing thirty (30)

days prior to any cancellation, modification, or nonrenewal thereof for any cause or reason

whatsoever.

11. Default and Remedies.

11.1 The occurrence of any one or more of the following events shall constitute a

material default and breach of this Lease by LESSEE/RENTEE:

a. The vacating or abandonment of Premises by LESSEE/RENTEE.

b. The failure by LESSEE/RENTEE to make any payment of rent or any

other payment required to by made by LESSEE/RENTEE hereunder, as

and when due, where such failure shall continue for a period of three (3)days after written notice thereof from LESSSOR/RENTOR to

LESSEE/RENTEE. In the event that LESSOR/RENTOR serves

LESSEE/RENTEE with a Notice to Pay Rent or Quit pursuant toapplicable unlawful detainer statues, such Notice to Pay Rent or Quit shall

also constitute the notice required by this subparagraph.

c. The failure by LESSEE/RENTEE to observe or perform any of the covenants,

conditions or provisions of this Lease to be observed or performed by

LESSEE/RENTEE, other than described in subparagraph b. above, where

such failure shall continue for a period of thirty (30) days after written

notice thereof from LESSOR/RENTOR to LESSEE/RENTEE; provided,

however, that if the nature of LESSEEs/RENTEEs default is such that morethan thirty (30) days is reasonably required for its cure, then

LESSEE/RENTEE shall not be deemed to be in default if LESSEE/RENTEE

commences such cure within said thirty-(30)-day period and thereafter

diligently prosecutes such cure to completion.


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13. Eminent Domain.

13.1 If any part of the premises shall be taken or condemned for a public or quasi-public use, and a part thereof remains which is susceptible of occupation hereunder,

LESSOR/RENTOR shall have the sole option to terminate this Lease as pertaining to the entire

Premises as of the date when title to the part so condemned vests in the condemnor, but this

Lease shall as to the parts so take, continue in full force and effect except that the rent payable

hereunder shall be adjusted so that LESSEE/RENTEE shall be required to pay for the remainder of

the term only such portion of such rent as the value of the part remaining after condemnation

bears to the value of the entire Premises at the date of condemnation. If the entire Premises istaken or condemned, or if such part thereof be taken or condemned which renders, in the

reasonable judgment of both LESSOR/RENTOR and LESSEE/RENTEE, that portion of the Premises

remaining unusable for the uses herein described, this Lease shall terminate upon such taking or

condemnation, if a part or all of the premises be taken or condemned, all compensation to be

awarded upon such condemnation or taking shall be paid to LESSOR/RENTOR

14. Audit.

14.1 On January 1 and July 1 of each year during the term of this Lease or any renewal

or extension hereof, a representative from LESSOR/RENTOR and a representative from

LESSEE/RENTEE shall meet for an audit and review of the parking operation at the request of

LESSOR/RENTOR. Any adjustments to the monthly rental shall be paid within thirty (30) days

from the completion of the audit.

14.2 In addition, within ten (10) days after the end of each Lease-year, commencing

with 1 October 2015 and ending with the tenth (10th) day of the month following the last monthof the Lease term, LESSEE/RENTEE shall furnish LESSOR/RENTOR with a statement to be certified

as correct by LESSEE/RENTEE or the employee of LESSEE/RENTEE/RENTEEs authorized so to

certify, which sets forth LESSEEs gross parking revenue for the year just concluded. With each

annual statement, LESSEE/RENTEE shall pay to LESSOR/RENTOR the amount of any additional

percentage rent which is payable to LESSOR/RENTOR, considering any installments of

percentage rent paid by LESSEE/RENTEE to LESSOR/RENTOR during the previous Lease-year or

partial Lease-year, as appropriate. If the annual statement shows that during the previousLease-year, LESSEE/RENTEE paid more percentage rent than it was obligated to pay under the

terms of this Lease, the amount of such overpayment shall be applied to the next installment or

installments of minimum rent due or, if such overpayment was in the last year of the Lease

term, LESSOR/RENTOR shall refund to LESSEE/RENTEE the full amount of such overpayment

within thirty (30) days of LESSORs/RENTORs receipt of the statement


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14.3 The acceptance by LESSOR/RENTOR of any monies paid toLESSOR/RENTOR by LESSEE/RENTEE as percentage rent for Premises as

shown by any annual statement furnished by LESSEE/RENTEE shall not be

an admission of the accuracy of such statement, or of the sufficiency ofthe amount of percentage rent payments, but LESSOR/RENTOR shall be

entitled at any time within three (3) years from the end of the Lease-year

for which any such percentage rent payments have been made to

question the sufficiency of the amount paid and/or the accuracy of the

statement or statements furnished by LESSEE/RENTEE to justify the

amount. LESSEE/RENTEE shall, for each period of three (3) years,

including the three (3) years, following the end of the term of this Lease,

keep safe and intact all of the records, books, and accounts relevant to the

gross parking revenue generated on Premises and shall, upon request,

make such records available to LESSOR/RENTOR, LESSORs/LESSORs

auditor, representative or agent for examination at any reasonable time

during such period.

14.4 LESSEE/RENTEE shall keep full and detailed accounts and exercise such controls asmay be necessary for proper financial management under this Agreement; the accounting and

control systems shall be satisfactory to LESSOR/RENTOR. LESSOR/RENTOR and

LESSORs/RENTORs auditor shall be afforded access to LESSEEs/RENTEEs records, books,

correspondence and other data relating to this Agreement. LESSEE/RENTEE shall preserve these

records, books, correspondence and other data relating to this Agreement for a period of three

(3) years after final payment, or for such longer period as may be required by law. In addition,

LESSEE/RENTEE agrees to make said records, books, correspondence and other data relating to

this Agreement available to LESSOR/RENTOR as LESSORs/RENTORs principal place of business

upon 72 hours written notice.

15. Rates, Distribution, Stall Count.

15.1 Specifications and rates, Sunset Center Parking Summary (all subject to review,

change and approval by Resolution of LESSORs/RENTORs City Council):

Stall Count:

Standard (9 x 18) 71

Compact (8 x 16) 64


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Rates:

Monthly $ ___60___ / month

Transient $ ___2_____/ hour

Sunset Center Special Events No charge after 5 p.m.

16. LESSORs/RENTORs Access.

16.1 LESSOR/RENTOR and LESSORs/RENTORs agents shall have the right to enter

Premises at reasonable times for the purpose of inspecting the same, showing the same to

prospective purchasers, lenders or lessees, and make such alterations, repairs, improvements or

additions to Premises as LESSOR/RENTOR may deem necessary or desirable. During the last onehundred and twenty (120) days of the term of this Lease, LESSOR/RENTOR may, at any time,

place on or about Premises any ordinary For Lease signs, all without rebate of rent to

LESSEE/RENTEE or liability to LESSOR/RENTOR.

17. Assignment and Subletting.

17.1 In consideration for the favorable rental and lease terms and conditions, this

Lease is personal to LESSEE/RENTEE and as such LESSEE/RENTEE shall not sell, transfer, assign,mortgage or hypothecate this Lease, or any interest in this Lease, nor permit the use of Premises

by any person or persons other than LESSEE/RENTEE, nor sublet Premises or any part thereof.

However, in the event that LESSEE/RENTEE desires to sell, transfer, assign, sublet, mortgage or

hypothecate this Lease or any interest therein, the parties hereto agree that it shall be

reasonable for LESSORs/RENTORs consent thereto, if any, to be predicated, in part, upon the

financial and professional qualifications of the proposed successor in interest as well as the

proposed successors willingness to pay additional rent in an amount then designated by

LESSOR/RENTOR to be the then-fair market rental for similar space in the vicinity of Premises

and it shall be reasonable that such consent shall be subject to a document preparation fee of

not less than one thousand dollars ($1,000). Consent to any of the aforementioned acts shall not

operate as a waiver of LESSORs/RENTORs right to terminate this Lease in the event of a sale,

transfer, assignment or sublease of Premises.

18. Hold-Over Tenant.

18.1 It is covenanted that there shall be no renewal of this Lease, except upon

execution of a written agreement, and the fact that LESSEE/RENTEE may continue in possession

of Premises without the written consent of LESSOR/RENTOR, shall not operate to renew this

Lease. If LESSEE/RENTEE should hold over after the expiration of the term hereof without the

written consent of LESSOR/RENTOR, LESSEE/RENTEE shall be deemed to be a tenant at


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19. Capital Improvements.

19.1 Cost and / or installation of any future capital improvements proposed by eitherparty shall be negotiated in good faith at the time of any renewal date of this Lease Agreement.

20. Binding on Successor.

20.1 Subject to the provisions contained in this Lease, the covenants and conditions of

each party herein specified shall apply to and bind the heirs, executors, administrators and

successors of such party.

21. Notices.

21.1 All notices to be given to LESSEE/RENTEE or LESSOR/RENTOR shall be made in

writing and shall be deemed delivered upon receipt either personally or by registered or

certified mail addressed as follows:

LESSEE/RENTEE LESSOR/RENTOR:

Pacific Parking and Valet, LLC City of Carmel-by-the-Sea

dba National Parking and Valet Attn: City Administrator

578 A. Houston Street Box CC

Monterey, CA 93940 Carmel-by-the-Sea, CA 93921

22. Attorneys Fees.

22.1 If either party hereto should bring any suit against the other party hereto (formal

judicial proceeding, mediation or arbitration), for the breach of any term, covenant, condition or

obligation herein contained to be kept by such other party for the recovery of any sum due

hereunder, or to recover possession of Premises, or for any summary action for forfeiture of this

Lease or to prevent further violations of any of its terms, covenants, conditions, or obligations,

or for any other relief then, and in that event, the case shall be handled in Monterey County,

California, and the prevailing party in such suit or summary action shall be entitled to areasonable attorneys fee to be fixed by the judge, mediator or arbitrator hearing the case and

such fee shall be included in the judgment, together with all costs.

23. Governing Law.


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24.1 This document represents the entire and integrated Agreement betweenLESSOR/RENTOR and LESSEE/RENTEE supersedes all prior negotiations, representations, and

agreements, either written or oral.

24.2 LESSEE/RENTEE shall not bring onto, or install, or permit to be brought onto orinstalled on the Premises any hazardous materials as defined in Article 25.1 above.

24.3 LESSEE/RENTEE agrees to indemnify, defend and hold LESSOR/RENTOR harmlessfrom and against all liabilities, claims, actions, damages, costs and expenses or loss arising out of

or resulting from the presence of any hazardous material brought or installed or permitted to bebrought or installed by LESSEE/RENTEE upon the demised premises.

IN WITNESS WHEREOF, the parties hereto have set their hands this _____day of

______________, 2014 ___.

LESSOR/RENTOR: LESSEE/RENTEE:

CITY OF CARMEL-BY-THE-SEA NATIONAL PARKING & VALET, a division of

PACIFIC PARKING & VALET, LLC

__________________________ ____________________________

Doug Schmitz Steven E. SummersCity Administrator Managing Operating Partner

ATTEST:

___________________________

Lori Frontella, MMC

Interim City Clerk


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AGREEMENT FOR SERVICES

THIS AGREEMENT is entered into on this _______ day of November, 2014, by and between the

CITY OF CARMEL-BY-THE-SEA, a municipal corporation, (hereinafter referred to as "CITY") and NATIONAL

PARKING AND VALET, a division of Pacific Parking & Valet, LLC.

W I T N E S S E T H

WHEREAS, CITY desires to contract with NATIONAL PARKING AND VALET to provide CITY with

two of its employees to serve as Parking Ambassador Attendants for CITY to educate and provide

assistance to the public in connection with the Pilot Program Parking Machines situated on Ocean

Avenue, Carmel-by-the-Sea, California.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:

1. TERM

The term of this Agreement shall be from November 2014, (hereinafter ACommencement Date@)

through and including January, 2015 or 75 days.

2. SCOPE OF SERVICES

NATIONAL PARKING AND VALET will provide CITY with two of their employees to provide the

service of educating and assisting the public as to how to use the parking machines in connection with

the Pilot Program Parking Machines located on Ocean Avenue, Carmel-by-the-Sea.

3. COMPENSATION/SERVICE RATES

A. CITY agrees to pay NATIONAL PARKING AND VALET the total sum of EIGHTEENTHOUSAND NINE HUNDRED AND NO/100 for both employees for the term set forth above.

B. Additional services beyond the term set forth above will be provided to CITY byNATIONAL PARKING AND VALET, as requested by CITY, at the rate of TWENTY-ONE AND NO/100

DOLLARS ($21.00) per hour. If such additional services are requested NATIONAL PARKING AND VALET

will submit billing invoices to CITY monthly following completion of such services and payment shall be

due upon receipt by CITY of NATIONAL PARKING AND VALETS billing.

4. GENERAL ADMINISTRATION AND MANAGEMENT

A The Chief of Police of the POLICE DEPARTMENT shall have the primary administrative


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5. SUPERVISION AND CONTROL OF SECURITY OFFICERS

The Parking Ambassador Attendants furnished to CITY are employees of NATIONAL PARKING

AND VALET. NATIONAL PARKING AND VALET will pay the wages, taxes (including, but not limited to

Social Security and federal and state unemployment taxes) and other expenses relating to each of its

employees. NATIONAL PARKING AND VALET will hire, train, supervise and control its employees but will,

however, remove any NATIONAL PARKING AND VALET employee not acceptable to CITY upon written

request by CITY.

6. NON-DISCRIMINATION/AFFIRMATIVE ACTION

A. NATIONAL PARKING AND VALET will not discriminate against any employee or applicantfor employment because of race, creed, color, sex, age, national origin, marital status, physical or other

motor handicap, unless based upon bonafide occupational qualification. FIRST ALARM will take

affirmative action to ensure that applicants are employed and that employees are treated during

employment without regard to their race, creed, color, sex, age, national origin, marital status, physical

or other motor handicap.

7. HIRING OF NATIONAL PARKING AND VALET EMPLOYEES

CITY will not hire any employee from NATIONAL PARKING AND VALET while the employee is still

employed by NATIONAL PARKING AND VALET, or prior to ninety (90) days after termination of the

employee by NATIONAL PARKING AND VALET.

8. SUSPENSION/TERMINATION OF AGREEMENT

A. This Agreement may be terminated with or without cause by either party upon three (3) days

written notice delivered as set forth in this Agreement.

9. ASSIGNMENT

A. This Agreement may not be assigned or otherwise transferred by either party hereto withoutthe prior written consent of the other party.

10. HOLD HARMLESS

A NATIONAL PARKING AND VALET is covered by and agrees to maintain general liability


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NATIONAL PARKING AND VALET shall not be responsible for any loss, damage or liability beyond the amounts,

limits and conditions of such insurance. NATIONAL PARKING AND VALET shall not be responsible for any loss,

damage or liability arising from any act or omission by the CITY, its agents, staff, other consultants,independent contractors, third parties or others working on the project that have not been hired by NATIONAL

PARKING AND VALET and over which NATIONAL PARKING AND VALET has no supervision or control.

12. INSURANCE

A. COVERAGES LIMITS OF LIABILITY

General Liability, including $5,000,000.00 eachBodily Injury, Property Damage occurrence

and Contractual Liability


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Automobile Liability, including $1,000,000.00 each

Bodily Injury and Property occurrence

Damage

Professional Liability 5,000,000.00 eachoccurrence

$5,000,000.00 aggregate

B. WORKER=S COMPENSATION

NATIONAL PARKING AND VALET certifies that it is aware of the provisions of the Labor Code of

the State of California which require every employer to be insured against liability for workers=

compensation or to undertake self-insurance in accordance with the provisions of that Code, and

it certifies that it will comply with such provisions before commencing performance under this

Agreement.

13. INDEPENDENT CONTRACTOR

A. NATIONAL PARKING AND VALET is, and shall be at all times during the term of this

Agreement, an independent contractor.

14. NOTICES

A. Any notice to be given to the parties hereunder shall be addressed as follows (until notice

of a different address is given to the parties):

CITY: City Administrator

City of Carmel-by-the-Sea

P.O. Box CC [Monte Verde between Ocean and

Seventh Avenues]

Carmel-by-the-Sea, CA 93921

with a copy to: Chief of Police

Carmel-by-the-Sea Police Department

P.O. Box 600 [Southeast corner of Junipero

and Fourth Avenues]

Carmel-by-the-Sea, CA 93921

NATIONAL PARKING __________________________________

AND VALET:


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to either of the parties, NATIONAL PARKING AND VALET or the CITY, to whom it is directed; or in lieu of

such personal service, when deposited in the United States mail, first class, postage prepaid, addressed

to NATIONAL PARKING AND VALET or to the CITY at the addresses set forth above.

Either party may change their address for the purpose of this paragraph by giving written

notice of such change to the other party in the manner provided for in the preceding paragraph.

15. ATTORNEY'S FEES AND COURT VENUE

A. Should either party to this Agreement bring legal action against the other, (formal judicial

proceeding, mediation or arbitration), the case shall be handled in Monterey County, California, and the

party prevailing in such action shall be entitled to a reasonable attorney=s fee which shall be fixed by thejudge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together

with all costs.

16. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT

A. This document represents the entire and integrated Agreement between the CITY and

NATIONAL PARKING AND VALET and supersedes all prior negotiations, representations and agreements

either written or oral.

17. GOVERNING LAW

A. This Agreement shall be governed by the laws of the State of California.

18. SEVERABILITY

A. If any term of this Agreement is held invalid by a court of competent jurisdiction theremainder of this Agreement shall remain in effect.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove

written.

CITY ATTEST:

By: __________________________ _____________________________Lori Frontella, MMC

Interim City Clerk

Its: __________________________

NATIONAL PARKING AND VALET

City

of

Carmel-by-the-Sea


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Analysis

of

Paid Parking Initiative - Pilot Program

Nov

2014

thru Oct

2015 - Summaries

Total Projected

Net

Revenue Estimate 6 month program 1 year program

Rate Schedule per meter

-rate per hour (for all hours)

2.

00

2.00

Number of hours per day covered by meters

11.00

11.00

Total potential revenue

per

day/meter

22 .00 22.00

Number of days in tria l period 181 365

Total potential revenue per meter- trial period 3,982 8,030

Number of meters in trial 10 10

Total potential revenue

-trial

period 39,820 80,300

Average occupancy

85.00 85.00%

Estimated

total

revenue during

trial

period 33,847

68,255

Percentage

to

management company 25.00%

25.00%

Estimated management expense during trial period

8,462 17,064

Total Projected

Net

Revenue Estimate 25,385 51,191

Transaction costs ( .35 x 8 x

181/365

x 10) (5,068) (10,220)

Cost of Parking Ambassador Attendants (75 days) (18,900) (18,900)

Meter

lease costs (only

after initial

6

months,

10 x 400 x 6 mo.) (24,000)

Digital

Payment

Technology-

pay

station

maintenance (5,240) (5,240)

Genetec- License Plate Recognition (LPR) costs (31,650)

(31,650)

Consultant costs

(9,000) (15,000)

Miscellaneous

(3,000)

(6,000)

Total

Net lncome/(Loss)

for entire trial period

(47,473) (59,819)


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national parking & valet ocean avenue pilot program 11-03-14

Documents