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HomeMy WebLinkAbout12900RESOLUTION NO. 12900 A RESOLUTION APPROVING A PARKING PERMIT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE HOUSING AUTHORITY OF THE CITY OF PUEBLO, COLORADO, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE PARKING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Permit, a copy of which is attached hereto, having been approved as to form by the City Attorney, between the City of Pueblo, a Municipal Corporation, and Housing Authority of the City of Pueblo, Colorado, relating to the Parking Permit is hereby approved. SECTION 2. The President of the City Council is authorized to execute and deliver the Permit in the name of the City, and the City Clerk is directed to affix the seal of the City thereto and attest the same. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached Agreement to effectuate the transactions described therein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: February 24, 2014 BY: Chris Kaufman COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: February 24, 2014 AGENDA ITEM # M-4 DEPARTMENT: PUBLIC WORKS EARL WILKINSON, P.E. – DIRECTOR TITLE A RESOLUTION APPROVING A PARKING PERMIT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE HOUSING AUTHORITY OF THE CITY OF PUEBLO, COLORADO, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE PARKING PERMIT ISSUE Should the City approve a parking permit with the Housing Authority of the City of Pueblo, Colorado? RECOMMENDATION Approval of Resolution. BACKGROUND The approval of this permit will lease 39 off street parking spaces in the surface parking lot at th 110 E. 4 Street to the Housing Authority of the City of Pueblo, Colorado for its tenants located at 223 N. Santa Fe Avenue. The first three years of the lease are free to the Housing Authority of the City of Pueblo, Colorado with the requirement that all maintenance of the lot is performed by the Authority. After the three year period the Housing Authority of the City of Pueblo, Colorado will have the option to lease the 39 off street spaces at a rate of $20 per space per month. This particular lot is a gravel surface, therefore the reduced rate. At the time in which the Authority begins paying for the spaces the Parking Enterprise will assume maintenance responsibilities. FINANCIAL IMPACT For the first three years of the permit there is zero financial impact to the City. Commencing on March 1, 2017, should the Housing Authority of the City of Pueblo, Colorado choose to continue leasing said spaces; the City will invoice $780.00 per month or $9360.00 annually. PARKING PERMIT THIS PARKING PERMIT ( "Permit ") entered into as of February 24 , 2014 by and between the City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003 ( "City ") and the Housing Authority of the City of Pueblo, Colorado, 201 S. Victoria Avenue, Pueblo, Colorado, 81003 ( "Permittee "). WHEREAS, Permittee represents that it will need at least 39 off - street parking spaces (the "Parking Spaces ") for its Tenants ( "Permittee's Tenants ") at 223 N. Santa Fe Avenue, and; WHEREAS, City and Permittee are desirous of entering into an agreement with respect to such Parking Spaces, and; WHEREAS, the use of the Parking Spaces by Permittee will promote the public welfare, enhance economic development, and create new employment opportunities within the downtown area of the City. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Permittee agree as follows: 1. Available Parking Spaces. City, subject to the terms and conditions set forth herein, will make available for use by Permittee's Tenants, thirty nine (39) Parking Spaces in the parking lot located at 110 East 4th Street. 2. Parking Fees. (a) The City will make available thirty nine (39) Parking Spaces for use by Permittee's Tenants, except as otherwise may be provided in paragraph 7(b) below, at no cost ($0.00) to the Permittee for a'time period of three (3) years. (b) After the expiration of the three (3) year time period the City will make available thirty nine (39) Parking Spaces for use by Permittee's Tenants, except as otherwise may be provided in paragraph 7(b) below, Permittee will pay monthly to City at the office of City's Director of Finance, in advance, without deduction or set -off, parking fees in the amount of Seven Hundred Eighty Dollars ($780.00) (the "Monthly Payment "); the City's Finance Department shall prepare an invoice. The Monthly Payment will commence on March 1, 2017 and continue to be paid on the first day of each month thereafter during the effective term of this Permit. Parking Fees and Monthly Payment shall be increased or decreased on the first day of January of each calendar year starting January 1, 2018 by the percentage increase or decrease in the consumer price index during the prior calendar year. The phrase "consumer price index" means the consumer price index for the Denver - Boulder consolidated metropolitan statistical area for all consumers, all goods, as published by the United States Department of Labor, Bureau of Labor Statistics, or its successor index. All past due Monthly Payments shall bear interest at the rate of eight percent (8 %) per annum. 3. Adjustment in Parking Fees. If Permittee notifies City in writing at least thirty (30) days in advance of the commencement of any Month that Permittee does not need the 39 Parking Spaces and specifies the number of the Parking Spaces not needed, Parking Fees and Monthly Payments for each subsequent Month will be reduced by the number of Parking Spaces specified by Permittee as not needed in such notice. If Permittee furnishes City with such notice, the Parking Spaces specified in the notice as not needed by Permittee shall no longer be made available to Permittee under this Permit. Such specified Parking Spaces will become public parking spaces subject to use on a monthly permit fee basis through City's normal permitting procedure for parking spaces. 4. Uses of Parking Spaces. (a) Parking Spaces shall be used only for the parking of motor vehicles in compliance with City's applicable rules and regulations. Motor vehicles shall only be parked within marked spaces and shall display an appropriate identification permit furnished by City. Parking Spaces shall be made available for Permittee's Tenants 24 hours per day, 7 days per week, provided that City may obstruct or .deny access to or use of the Parking Spaces during emergencies, major City events, and during reasonable periods for maintenance and repairs to the Parking Spaces. Permittee shall not make any repairs, alterations or improvements to or upon the Parking Spaces or parking lot except as expressly provided herein. (b) Maintenance and Related Obligations of the City. For the three year time period in which the parking is made available to the Permittee at no cost ($0), maintenance of the existing facility will be the sole responsibility of the Permittee, including grading, snow removal including adjacent sidewalk, trash pickup and weed control. At the expiration of the three year time period of the no cost parking, the maintenance responsibilities for the lot will revert back to the City. (c) City will designate by signs indicating "Reserved Permit Parking" for 39 Parking Spaces in the parking lot at 110 East 4 Street. Those vehicles which do not display an appropriate permit, as provided by the City, identifying the operator thereof as a Permittee Tenant, will be issue a parking violation notices in the same manner as the City enforces restricted parking in other City owned parking facilities. 5. Assignment. Permittee shall not assign or otherwise transfer this Permit or any of Permittee's interest herein, or sublease the Parking Spaces or any part thereof. Permittee's merger or consolidation with or into another entity, or sale of all or substantially all of its assets to another entity of equivalent or greater financial status shall not constitute an assignment hereunder, provided, however, that such merged, consolidated or acquiring entity shall agree in writing to perform and comply with all covenants and provisions of this Permit. 6. Signs. Permittee shall not place, install, affix or use any sign, advertising, or identifying media on or within the parking lot. 7. Default by Permittee. (a) Default by Permitee. Subject to the limitations set forth in paragraphs 11 and 12 of this Agreement, if Permittee defaults in the payment of any Monthly Payment or fails to perform or observe —2— any of the conditions and covenants on its part to be performed or observed hereunder, and such default or failure shall continue for a period of thirty (30) days after written notice thereof is given by City to Permittee, then and in that event, City, in addition to other remedies available at law or in equity, may terminate this Permit and forthwith take possession of the Parking Spaces. Failure or delay by City in taking any action in connection with a default or failure of Permittee, or accepting partial or full payment of Monthly Payments with knowledge or such default or failure, shall not waive such default or failure, and City shall have the right at any time to take such action as may be lawful or authorized hereunder. All remedies are cumulative. (b) Default by City. Subject to the limitations set forth in paragraphs 11 and 12 of this Agreement, if City defaults in making available the Parking Spaces as set forth in this Agreement, and such default is not cured within thirty (30) days after written notice of such default is given by Permittee to City, or, if the default cannot be reasonably cured within said 30 -day period, and the cure thereof is not .commenced within such period and thereafter diligently prosecuted to completion by City, Permittee, 'as its exclusive remedy may withhold from future Monthly Payment due the City under this Agreement, the difference between the parking fees specified herein and the parking permit fees for parking spaces made available to the Permittee. Permittee waives any general, consequential or special damages for City's default under the terms and conditions of this Permit. 8. Attorney Fees. In the event of any litigation arising out of this Permit, the Court shall award to the successful party its costs and expense of litigation including reasonable attorney fees. Exclusive venue for such litigation shall be Pueblo County, Colorado. All such litigation shall be filed in the District Court, County of Pueblo, Colorado, and each party submits to the jurisdiction of such District Court. To the extent allowed by law, each party waives its right to a jury trial. 9. Term. The Term of this Permit shall commence March 1, 2014 and terminate on December 31, 2020 unless sooner terminated under the terms and conditions of this Permit. 10. Notices. Any notice required, or permitted, under this Permit, shall be in writing and shall be effective upon personal delivery, or three (3) days after mailing by certified mail, postage prepaid, if to the City: City Manager, City of Pueblo, 200 S. Main Street, Pueblo, Colorado, 81003 with a copy to the City Attorney, 1 City Hall Place, Pueblo, Colorado, 81003, or if to the Permittee: 201 S. Victoria Avenue, Pueblo, Colorado 81003; or to such other address as either party may specify in writing given to the other party as herein provided. 11. Parties' Financial Obligations. Any provision of this Permit which imposes upon either party hereto any financial obligation payable after the current fiscal year is expressly contingent upon funds for such financial obligation being budgeted, appropriated, and otherwise made available. 12. Governmental Immunity. The City and Permittee do not by entering into this Permit nor by any provision hereof waive or intend to waive any rights, immunities, conditions or protection under the Colorado Governmental Act, C.R.S. 24 -10 -101, et seq., or otherwise available or provided under any other law to each party and its officers and employees. —3— 13. Miscellaneous. (a) This Permit shall be binding upon and inure to the benefit of Permittee and City and, subject to the limitations of Paragraph 5 hereof, their respective successors. (b) This Permit shall be governed by and interpreted in accordance with the law of the State of Colorado without regard to conflict of law principles. (c) This Permit expresses the entire understanding of the parties and supersedes any and all prior dealings and commitments with respect to the subject matter of this Permit and may not be altered, changed, or amended except by an instrument in writing signed by Permittee and City. (d) If any provision of this Permit is declared by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the other provisions of this Permit which shall remain in full force and effect. (e) The article and section headings used herein are for reference and convenience only, and shall not enter into the interpretation hereof. Executed in Pueblo, Colorado the day and years first above written. PUEBLO: CITY OF PUEBLO, A MUNICIPAL CORPORATION ATTEST: B , L, City rk President of the City Counci 0111 PERMITTEE: ATTEST: Housing Authority of the City of Pueblo, Colorado // / By L _ 1 ■ Name• Ted Ortiviz, Executive Dire tor —4—