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Home My WebLink AboutR-1990-D5743 Diamond Parking, Inc.• • RESOLUTION NO. D 574 A RESOLUTION authorizing execution of amendments to the Park- ing Lot Lease Agreement between the City of Yakima and Diamond Parking, Inc. WHEREAS, the City of Yakima and Diamond Parking, Inc. have heretofore entered into a Parking Lot Lease Agreement on October 29, 1982, as authorized by Resolution No. D-4729 which was subsequently amended by the inclusion of a new fee sche- dule authorized by Resolution No. D-5045 on November 20, 1984; and WHEREAS, Diamond Parking wishes to amend the aforesaid Parking Lot Lease Agreement in such a way as to alter the amount of compensation to be received by the City of Yakima, and change the maintenance obligations of Diamond Parking, Inc.; and WHEREAS, at the May 22, 1990 meeting, the City Council of the City of Yakima deemed it to be in the best interest of the City of Yakima to amend the aforesaid Agreement but not the parking fee schedule, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Agreement entitled "Parking Lot Lease Agreement Amendments," retaining the parking fee schedule adopted November 20, 1984, a true copy of which is attached and incorporated herein together with schedules and attachments. ADOPTED BY THE CITY COUNCIL this � day of 1990. ATTEST. (res/pkglot) C,‘2t )dviAA..t,d" Mayor PARKING LOT LEASE AGREEMENT AMENDMENTS WHEREAS, the City of Yakima entered into a Parking Lot Lease Agreement with Diamond Parking, Inc. on October 29, 1982 under the authority of Resolution No. D-4729 which Agreement was subsequently amended by Resolution No. D-5045 on November 20, 1984; and WHEREAS, the parties desire to amend said Parking Lot Lease Agreement, which amendments are to be effective June 1, 1990, now, therefore, WITNESSETH: The City of Yakima, Washington, a first class municipal cor- poration, and Diamond Parking, Inc. hereby mutually agree to amend the aforesaid Parking Lot Lease Agreement by substituting the sections written out below for the same sections contained in the aforesaid agreement and including a new Parking Lot Fee Schedule which schedule is hereby approved by the City Council. "4. Pent A. Amount. Diamond will pay to the City, as rental, an amount equal to 40 percent of the total gross revenue (less any local, state or federal value added taxes, or other taxes calcu- lated solely on that revenue) derived by Diamond from its parking lotbusiness conducted on the leased premises. B. Payment. On or before the 25th day of each month, Dia- mond will pay to the City the amount of rental due for the previous month, and will file a written report with the City specifying the total amount of gross revenue derived from the previous month's parking lot business conducted on the leased premises, and showing deductions therefrom and other calculations on which the amount of rental for that previous month was computed. 7. Maintenance and Repair of Premises. A. Maintenance. Diamond shall be responsible for mainte- nance and repair of the leased premises. Diamond shall maintain the parking area, the internal walkways, the adjacent sidewalks, and planting areas free from litter and debris, and following each (agr,'pkglot.jv) snow fall shall promptly remove snow and ice from the internal walkways and adjacent sidewalks so as to maintain them free from accumulations of ice and snow. B. Repair. Diamond shah maintain the asphalt and other finished surfaces of the parking lots free from dangerous cracks, ruts or holes which would constitute a hazard to vehicular or pedestrian traffic, and Diamond shall necessary to maintain those asphalt and condition. Upon termination of this make such repair as are finished surfaces in Agreement, Diamond that shall return the premises to the City in the same or better condition as they are at the commencement of the lease. 9. Parking Fee Schedule. The schedule of rates for parking fees to be charged by Dia- mond, applicable to the leased premises, shall include the first two hours of parking for each vehicle on each lot as free parking. Diamond shall file with the City the initial proposed schedule of rates which shall be subject to approval by the City before those rates are enforced by Diamond; and notice of any subsequent change in parking rates shall be filed with the City and shall be subject to the approval of the City before being implemented by Diamond. The attached Fee Schedule for the City of Yakima off-street parking facilities is hereby approved and incorporated into this Agree- ment." All other provisions of the aforesaid Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto execute this Lease Agreement this day of May, 1990. CITY OF YAKIMA, WASHINGTON By: City Manager ATTEST: City Clerk - b lagr'pkglot.jv) STATE OF WASHINGTON ) :ss. County of Yakima On this day of May, 1990, before me personally appeared R. A. Zais, Jr. and Karen Roberts, to me known to be the City Manager and the City Clerk, respectively, of the City of Yakima, the municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and pur- poses therein mentioned. GIVEN under my hand and official seal this day of May, 1990. LESSOR NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: DIAMOND PARKING, INC. By. STATF OF WASHINGTON ) :ss. County of On this day of May, 1990, before me personally appeared , known to me to be the official of Diamond Parking, Inc. who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of May, 1990. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: LESSEE 3 (agr'pkglot.jv) <( IAMON> SERVICE SINCE 1922 DIAMOND PARKING INC. Home Office: 3161 ELLIOTT • SEATTLE 98121 • (AREA 206) 284-3100 November 16, 1984 City of Yakima City Hall Yakima, WA. Attention: Mr. Dick Zais, City Manager Re: Parking Fee Schedule for the Off -Street Parking Facilities City of Yakima Dear Mr. Zais, Efective December 1, 1984 the following parking rates will be in effect: 0 - 2 Hours Free 2 - 3 Hours $0.50 3 - 4 Hours $1.00 4 - 5 Hours $1.50 5 - 6 Hours $2.00 6 - 7 Hours $2.50 7 - 10 Hours $3.00 (Daily Maximum) Application Between the hours of 8:00 a.m. and 8:00 p.m, 7 days per week, including holidays. Penalties 1st violation 2nd violation 3rd violation $5.00 flat fee Final Notice plus a second $5.00 flat fee Attachment of immobilizing barrel. Release upon payment of $15.00 Diamking Inc. City of 'Yakima CiCIyLfLe,'ue i -G 2,3 Lotio4lf2 /la2i4u2q OfY(MOW NO. % (-Py'c <: IAMOND> SERVICE SINCE 1922 DIAMOND PARKING INC. Home Office: 3161 ELLIOTT • SEATTLE 98121 • (AREA 206) 284-3100 November 16, 1984 City of Yakima City Hall Yakima, WA. Attention: Mr. Dick Zais, City Manager Re: Parking Fee Schedule for the Off -Street Parking Facilities City of Yakima Dear Mr. Zais, Efective December 1, 1984 the following parking rates will be in effect: 0 - 2 Hours Free 2 - 3 Hours $0.50 3 - 4 Hours $1.00 4 - 5 Hours $1.50 5 - 6 Hours $2.00 6 - 7 Hours $2.50 7 - 10 Hours $3.00 (Daily Maximum) Application Between the hours of 8:00 a.rn. and 8:00 p.m, 7 days per week, including holidays. Penalties 1st violation $5.00 flat fee 2nd violation Final Notice plus a second $5.00 flat fee 3rd violation Attachment of immobilizing barrel. Release upon payment of $15.00 City of 'Yakima Caivie,ueni Pa,2,6rr2cy CITY coN1UCT ice: ?U_ % 2 RESOLUTION NO. 45 A RESOLUTION approving parking fee rates to be charged by Diamond Parking, Inc. for parking in City -owned lots. WHEREAS, by virtueof a Parking Lot Lease Agreement, dated October 29, 1982, and authorized by Resolution No. D-4729 dated October 26, 1982, Diamond Parking, Inc. leases and operates parking lots owned by the City, which agreement provides that changes in parking fee rates aresubject to approval by the City before being implemented by Diamond Parking, Inc., and WHEREAS, Diamond Parking., Inc. desires to change its parking fee rates and to implement rates shown on the attached schedule; and the City Council desires to approve that rate change as provided hereinbelow, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The change in parking fee rates to be charged by Diamond Parking, Inc. for parking on City -owned lots operated by Diamond Parking, Inc. pursuant to the aforesaid Parking Lot Lease Agreement, so that rates will be charged according to the attached schedule, is hereby approved to be effective. December 1, 1984. ADOPTED BY THE CITY COUNCIL this apt , day 1984. ATTEST: City Clerk