HomeMy WebLinkAboutC-3039 - Reciprocal Parking License AgreementRECIPROCAL PARKING LICENSE AGREEMENT
I. DATE AND PARTIES
This Reciprocal Parking License
is made this , day of
City of Newport Beach, a Cal' is
( "City ") and The Rector, Wardens and
Parish in Newport Beach, California,
corporation ( "Church").
II. PROPERTIES
A. City Property
_3a3y
Agreement ( "Agreement ")
1995, by and between
municipal corporation
Vestrymen of St. James
a California nonprofit
City is the owner of those certain parking lots
located on the easterly and northeasterly side of the
Newport Beach City Hall at 3300 Newport Boulevard , Newport
Beach, as depicted on Exhibit A attached to this Agreement
(the "City Property ").
B. Church Property
Church is the owner of that certain parking.lot
located adjacent to the southwesterly corner of 32nd Street
and Lafayette Avenue, Newport Beach, as depicted on Exhibit
B attached to this Agreement (the "Church Property ").
III. RECITALS
A. City is desirous of securing the right to the sole
use of additional parking spaces in the vicinity of the City
Hall for employee or visitor parking during weekday business
hours, but has available unused parking spaces at the City
Hall on weekends and City holidays.
B. Church, by proceeding with plans to redevelop its
church facilities located at 3209 Via Lido, Newport Beach,
will increase its need for parking on weekends, but has
available unused spaces on Church Property during weekday
business hours.
WJT.3/28/95
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C. Parking spaces within the City Property are
compatible both in location and timing of use with the
parking needs of Church, in that (i) they are in reasonably
close proximity to the planned redeveloped facilities of
Church, and (ii) the timing of Church hours of maximum
parking needs, primarily on Sundays and holidays,
prevents two uses of the spaces, by City and Church, from
occurring simultaneously.
D. Parking requirements under the Newport Beach
Municipal Code applicable to the planned redevelopment of
Church facilities will be satisfied by the combination of
Church's planned expansion of its on -site parking
facilities, as shown on Exhibit C attached to this
Agreement, and its license to use additional parking spaces,
as described in this Agreement.
E. The parties find it mutually beneficial to
establish reciprocal licenses for pedestrian and vehicular
ingress and egress to and from, and for parking on, each of
their respective properties, in the areas depicted on
Exhibits A and B. The purpose of this Agreement is to set
forth the terms and conditions of the reciprocal parking
licenses.
IV. RECIPROCAL PARKING LICENSES
For valuable consideration, receipt of which is hereby
acknowledged, City and Church hereby license the other to
use a portion of their respective properties, as depicted on
Exhibits A and B, attached, for pedestrian and vehicular
ingress and egress, and for parking, as described below.
A. City Use Of Church Property
City shall have a license for the sole use of 50%
of the total number of available Church Property parking
spaces, in the location depicted on Exhibit B, on Monday
through Friday, but excluding City holidays, between the
hours of 7 a.m. and 6 p.m. This license does not include the
right to engage in any storage, overnight or long -term
parking of vehicles, or parking of trailers or equipment, on
the Church Property.
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B. Church Use Of City Property
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Church shall have a license for the sole use of
twenty -five parking spaces on Saturdays, and forty -five
parking spaces on Sundays and City holidays; in the location
depicted on Exhibit A, between the hours of 7 a.m. and 6
p.m.. This license does not include the right to engage in
any storage, overnight or long -term parking of vehicles, or
parking of trailers or equipment, on the City Property.
V. EFFECT OF CONSTRUCTION OR RECONFIGURATION OF PARKING
A. City Property
Church's license to use twenty -five parking spaces
on Saturdays and forty -five parking spaces on Sundays and
City holidays, shall be subject to City's right to engage in
any necessary temporary construction or repair, or the
reconfiguration of parking, within the area of the City
Property designated for use by Church. City shall be
obligated to provide Church with reasonable prior written
notice of such temporary construction or repair, or of such
reconfiguration. City shall provide Church with the same
number of alternative parking spaces as equals the number of any
parking spaces eliminated by such construction, repair or
reconfiguration, and such spaces shall be in as convenient a
proximity to Church facilities as is reasonably feasible.
B. Church Property
Approximately fifty -one marked parking spaces are
located within the Church Property as of the date of the
execution of this Agreement. Current plans for future
improvements to the Church Property anticipate the increase
of available parking to eighty spaces. City's license to use
50% of the parking spaces on the Church Property is subject
to the right of Church to engage in construction, demolition
or other improvement activities within, or in the vicinity
of, the Church Property. Such activities may include the
placing of temporary portable buildings, and /or the storage of
construction materials, on the Church Property. Such activities
are likely to have the impact of temporarily decreasing the
total number of available parking spaces within the Church
Property. City's allocation of 50% of available parking
spaces shall continue during such periods when the total
number of such spaces fluctuates. In addition, Church may
find it necessary or appropriate to reconfigure the parking
spaces within the Church Property. In any case, Church's
only obligation shall be to provide City with reasonable
prior written notice of any change in the number or location
of the spaces available for City use.
El
VI. MAINTENANCE AND REPAIR
A. Mutual Obligations
Except as otherwise provided below, each party
shall be solely responsible for the maintenance and repair
of the respective parking areas owned which are subject to
this Agreement. Neither party makes any representation
concerning the existing condition of the subject parking
areas or their suitability for the intended uses, and
neither assumes any obligation by this Agreement to upgrade
or improve the subject parking areas. However, if
extraordinary maintenance or repair is required, being that
which exceeds the level of care resulting from the normal
wear and tear of daily use, and such extraordinary
maintenance or repair is shown to have been directly caused
by the licensee, or licensee's employees or invitees, then
that licensee shall be responsible for such extraordinary
maintenance and repair. Such licensee shall promptly either
perform such work or reimburse the licensor for the costs of
the same, as may be agreed upon between the parties.
B. Obligation Of City
City agrees to weekly sweep, at its expense, the
entire Church Property, as depicted on Exhibits B and C to
this Agreement.
VII. TERM AND TERMINATION
The benefits and obligations of the reciprocal licenses
granted by this Agreement shall run until December 31, 2014,
on which date, and each succeeding twenty year anniversary of
that date thereafter, this Agreement shall be renewed
automatically for an additional twenty years. Either party
may elect at any time to terminate this entire Agreement, but
only by giving written notice to the other no less than
twenty -four months prior to the date of the intended termination.
If, however, City so elects to terminate, Church shall have
the following options with respect to any need to secure
replacement parking: (i) Church may secure from a third
party the right to use other off -site parking; and /or (ii)
Church may, upon a documented showing of reduced parking needs,
obtain City approval of a parking requirement which is less
restrictive than the current 1:3 ratio.
VIII.RISK OF LOSS
Each party, as a licensee, shall be solely responsible
for the risk of damage or loss to.property, and injury to
persons, occurring within the license area owned by the
other party, if suffered by any employees or invitees of
that licensee. This responsibility shall include the
obligation to defend and hold the licensor party free from
any claims arising out of such damage, loss or injury.
IX. PARKING CONTROL AND SIGNAGE
It is in the best interests of both parties to prohibit
the use of the respective license areas by unauthorized
persons. To this end, the parties will cooperate to
establish economical and effective systems to control
unauthorized use. Such systems may include, without
limitation, signs, permits, identification decals or towing
services. Neither party, as a licensee, shall install signs
or other parking control devices on the property of the other
party /licensor, without the prior written consent of that
licensor.
X. NONTRANSFERABLE RIGHTS
The licenses for ingress, egress and parking described
in this Agreement are intended for the sole use and benefit
of the employees and invitees (being parishoners, agents,
representatives, guests or visitors) of City and Church.
Neither party shall have the right to assign or transfer
these license rights and privileges, without having first
received the prior written consent of the other party.
XI. ENFORCEMENT OF AGREEMENT.
Should any dispute or claim of whatever nature arise
out of the interpretation, performance or breach of this
Agreement, the parties shall first attempt to settle the
matter through good faith negotiation initiated by a written
demand to the other party setting forth the nature of the
dispute, to be followed by a meeting of the principal
representatives of the parties. If the matter is unable to
be resolved through such negotiation, it shall be settled,
at the request of either party, by final and binding
arbitration conducted at a mutually acceptible location, and
administered either in accordance with rules and procedures
agreed upon by the parties, or if unable to agree, in
accordance with the then existing Rules of Practice and
Procedure of Judicial Arbitration & Mediation Services,
Inc.. The arbitrator shall determine which is the prevailing
party and shall include in the award that party's reasonable
attorney fees and costs. Judgement upon any award rendered by
the arbitrator may be entered by any state or federal court
having jurisdiction.
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XII. NOTICES
Notices, requests or demands by either party shall be
in writing and shall either be personally served or be given
by U.S. mail, postage prepaid, and addressed to the
following persons:
To City: Mr. Kevin Murphy, To Church: Rev. David Anderson,
City Manager Rector
City of Newport Beach St.James Parish
3300 Newport Boulevard 3209 Via Lido
P.O.Box 1768 Newport Beach, CA
Newport Beach, CA 92663
92659-1768
Notices, requests and demands, if not personally
served, shall be deemed received upon the expiration of
forty-eight hours after deposit in a U.S. post office or
mail box in Newport Beach, California.
XIII.EXECUTION
The parties have executed this Agreement in Newport
Beach, California, as of the date stated first above.
"City":
City of Newport Beach,
a California municipal co
By:
Title: /IAayo I
Date: ff 1995
Approved:
rporation
ert H. Burnham, City Attor
Date:
, 1995.
"Church": The Rector, Wardens and Vestrymen of St.James
Parish in Newport Beach, California,
a California nonprofit corporation,
AIL:r,--A
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Date: 1995
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TOTAL NUMBER OF EXISTING PARKING SPACES: 51
EXAW ILLUSTRATING PROPOSED PING
NOT TO SCALE
EXHt61T G To RECIPROCAL TAT.KIW6
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32ND STREET
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TOTAL NUMBER OF PARKING SPACES: 80