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HomeMy WebLinkAboutC2010-040 - 3/23/2010 - ApprovedParking Lot Management Agreement This Agreement is made by and between the City of Corpus Christi, Texas (the "City"), a municipal corporation, and the Corpus Christi Downtown Management District (the "DMD"), a municipal management district. 1. Parking Lot. The City is the owner of a parking lot comprised of approximately 36 covered spaces located adjacent to the Ward Building at the corner of Chaparral Street and Schatzel Street in Corpus Christi, Texas (the "Parking Lot"). The purpose of the Parking Lot is to provide parking spaces for monthly tenants with a preference provided for downtown residents. 2. Management Services. The City hereby retains the DMD, and the DMD hereby agrees to provide, all services necessary for the management and operation of the Parking Lot subject to the terms and provisions of this Agreement. 3. Independent Contractor. The parties agree that the only relationship created by this Agreement is that between the City, as owner, and the DMD, as an independent contractor, for management and operating services. The DMD is an independent contractor, not an agent, employee, joint venturer or partner of the City. 4. Term. The term of this Agreement shall commence on the Effective Date and shall continue on a year-to-year basis; provided that, either party may terminate this Agreement at any time upon sixty (60) days' written notice provided by the terminating party to the non- terminating party. 5. Leases. DMD shall lease parking spaces in the Parking Lot with a preference to downtown residents. The parking spaces shall be leased to tenants on a monthly basis for periods not to exceed six (6) months. In the event that all parking spaces are not leased within ninety (90) days from the Effective Date, parking space leases may be made available to non- downtown residents. Upon the termination of individual parking space leases, if downtown residents are on a waiting list for parking spaces, the available parking spaces shall be leased first to downtown residents with the remainder, if any, leased to non-downtown residents. 6. Lease Rates. DMD shall lease each parking space in the Parking Lot for not less than $80 per month, or as otherwise approved by the City's City Manager based on market conditions. The DMD shall recommend to the City Manager any changes in the monthly lease rates for the parking spaces and provide documentation supporting such changes. 7. Management Fee. As compensation for the DMD's management services rendered hereunder, the DMD shall retain a management fee equal to ten percent (10%) of the revenues collected from each parking space lease (the "Management Fee"). 8. Remittance. All parking space lease revenues collected by the DMD, after the DMD deducts its Management Fee, shall be remitted to the City on or before the tenth (10th) day 2010-040 M2010-061 03/23/10 Page 1 of 3 CC Downtown Mngmt. District ` Ir1 ~ of each following month. The DMD's remittance to the City shall be paid by the DMD's check or other good funds approved by the City. 9. Records. The DMD shall make all records concerning the operation of the Parking Lot available for inspection by the City during normal business hours. The DMD shall obtain certification of income from each tenant under a parking space lease stating whether or not the tenant meets the low-to-moderate income eligibility standard established from time to time by the Corpus Christi Housing Finance Corporation. 10. Reports. The DMD shall provide a monthly report with each remittance to the City showing the number of parking spaces leased, revenues billed and received, the number of spaces leased or held available for persons meeting the low-to-moderate income eligibility standard, and the amount of the Management Fee deducted. 11. Condition of Parking Lot. The Parking Lot shall remain the sole. property of the City, and the City shall be responsible for any maintenance or repairs required for the improvements on the Parking Lot. The DMD shall promptly notify the City of any known maintenance or repair issues affecting the Parking Lot. 12. Severability. If any portion of this Agreement, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. 13. Notice. Any notice, correspondence or payment made pursuant to this Agreement must be made by (a) depositing the same in the United States mail, postage prepaid, addressed as follows, or (b) delivering the same to the other party. Any notice given in accordance with (a) shall be effective upon deposit in the United States mail, and the addresses of the parties hereto shall, until changed by written notice to such effect, shall be as follows: City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469 Attn: City Manager Corpus Christi Downtown Management District 223 N. Chaparral Street Corpus Christi, Texas 78401 Attn: President 14. Entire Agreement. This Agreement expresses the entire agreement between the parties. Any prior or contemporaneous oral representation shall have no effect. No amendments shall be effective unless in writing and signed by both parties. This Agreement shall be separate and distinct from the Interlocal Agreement between the City and the DMD which is unaffected hereby. Page 2 of 3 15. Effective Date. This Agreement shall be effective as of the last date of execution below (the "Effective Date"). CITY OF CORPUS CHRISTI i By: ~ ~~ ~~ n el Escobar City Manager Date: ~ l a~'~ l ~ Corpus Christi Downtown Management District Name: ~~hlN ~ 0 i-1 u~YLZ .Title: Fi~EcuiZVE /~yI~E~T~/2 Date: /~7i~,e~fl l 7_ ~ C`lC' ATTEST: By: / ~ Armando Chapa City Secretary APPROVED AS TO LEGAL FORM: March 16, 2010 R. Ja eini First Assistant City Attorney For City Attorney Page 3 of 3 I ~D ~ ~~~~ I AUTHORIZED !RT C~tfl~Gtl.. .2 d 3ECitF'fAR ~•