HomeMy WebLinkAboutClub One Casino - Fixed rate patron parking agreementCV OF FRESNO
City Cled<'s Office (Of[ginal)
FIXED RATE PATRON PARKING AGREEMENT
BETWEEN THE CITY OF FRESNO
AND
CLUB ONE CASINO, INC.
This Agreement is made and entered into effective the 1st day of July, 2009, by and
between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as
"CITY"), and CLUB ONE CASINO, INC., a California corporation (hereinafter referred to as
"CLUB ONE").
WHEREAS, CITY owns the possessory interest in and has rate making authority over
Public Underground Parking Garage No. 8 ("Garage No. 8"); and
WHEREAS, CLUB ONE patrons variously utilize Garage No. 8; and
WHEREAS, CLUB ONE has requested that CITY make available to its patrons parking on
a fixed rate basis in lieu of otherwise applicable Master Fee Scheduled ("MFS") Rates; and
WHEREAS, CITY finds and determines based upon the underlying Staff Report and the
record in this matter incorporated herein, that providing CLUB ONE with fixed rate parking upon
the terms and conditions herein is in furtherance of the public interest and contributes to
revitalization/reinvigoration of Fulton Mall and environs through increased workforce, customer
and visitor activity and interest, reduction of physical blight/economic deterioration, an increase in
private sector investment and related tax base expansion, all in furtherance of the Downtown
Revitalization Plan; and
WHEREAS, CITY is agreeable to CLUB ONE patron parking in Garage No. 8 upon the
terms and conditions herein.
AGREEMENT
NOW THEREFORE, in consideration of the above recitals which are contractual in nature,
and of the mutual promises contained herein, CITY and CLUB ONE agree as follows:
Section 1.
CLUB ONE shall pay CITY in advance a monthly fee of Six Thousand Dollars and Zero
Cents ($6,000.00) in consideration of which CLUB ONE may validate Garage No. 8 parking for its
patrons as follows:
Not to exceed one hundred (100) parking stalls on any public (i.e. non -permit) parking
level on an "as available and non-exclusive" basis in non -designated stalls during the
period Monday through Friday 6AM-6PM.
For any and all validations exceeding the above 100 stalls during the period Monday
through Friday 6AM-6PM, CLUB ONE shall pay CITY monthly upon invoice One Dollar per
vehicle per day ($1/vehicle/day.)
Except as provided in this Agreement, CLUB ONE and its patrons shall pay MFS rates for
use of Garage No. 8.
Section 2.
This Agreement shall be effective from the date first set forth above ("Effective Date") and
shall continue in full force and effect through June 30, 2010, subject to any earlier termination in
accordance with this Agreement.
Section 3.
This Agreement may be terminated (i) by either party with or without cause following 30
days written notice of termination; (ii) by CITY in the public interest immediately upon written
notice of termination; (iii) by CITY upon CLUB ONE's cessation of business immediately upon
written notice of termination; or (iv) expiration of this Agreement.
Section 4.
CLUB ONE may assign its obligations under this Agreement provided that the assignee is
capable of performing these obligations to the satisfaction of CITY.
Section 5.
The parties are acting in an independent capacity. Nothing in this Agreement evidences
any employment, partnership, venture or equity share relationship.
Section 6.
The parties to this Agreement do not intend for any third party to obtain a right by virtue of
this Agreement.
Section 7.
By entering into this Agreement, the parties do not intend to create any obligations
express or implied rights other than those set out herein.
Section 8.
Any and all notices between the parties provided for or permitted under this Agreement or
by law shall be in writing and shall be deemed duly served when personally delivered to each
party, or in lieu of such personal service, when deposited in the United States Mail, postage
prepaid, addressed to each party at the address provided on the signature page of this
Agreement or at such other address as the parties may from time to time designate by written
notice. Notices served by United States mail in the manner above described shall be deemed
sufficiently served or given at the time of the mailing thereof.
Section 9.
Monthly payments shall be due on the 1s` day of each month and shall be late if not
received by CITY by the 10"' day of each month. Late payments shall be assessed an
administrative late charge of 5% of the amount overdue.
Payments shall be remitted to the following address or at such other address as CITY may
designate by written notice:
ACE Parking
2115 Kern Street #102
Fresno, CA 93721
Section 10.
CLUB ONE shall at any time during business hours, and as often as CITY may reasonably
deem necessary, make available to CITY for examination and audit all of its records and data with
respect to the matters covered by this Agreement for a period of three (3) years following
expiration/earlier termination hereof.
Section 11.
CLUB ONE and its patrons shall at all times comply with all legal and regulatory
requirements applicable to use of Garage No. 8.
Section 12.
This Agreement shall be subject to and subordinate to all third party covenants,
restrictions, liens and/or encumbrances applicable to Garage No. 8 existing on the Effective Date
hereof.
Section 13.
CLUB ONE shall indemnify, hold harmless and defend CITY and each of its officers,
officials, employees, volunteers and agents from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited
to personal injury, death at any time and property damage) incurred by CITY, CLUB ONE or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out
of performance of this Agreement. CLUB ONE's obligations under the preceding sentence shall
apply regardless of whether CITY or any of its officers, officials, employees, volunteers or agents
are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties,
forfeitures, costs or damages caused by the gross negligence or by the willful misconduct of CITY
or any of its officers, officials, employees, agents or volunteers.
This section shall survive termination or expiration of this Agreement.
Section 14.
Throughout the life of this Agreement, CLUB ONE shall pay for and maintain in full force
and effect all insurance as required in Exhibit A or as may be authorized, and any additional
insurance as may be required, in writing by CITY'S Risk Manager or his/her designee at any
time and in his/her sole discretion.
Any failure to maintain the required insurance shall be sufficient cause for CITY to
terminate this Agreement. No action taken by CITY pursuant to this section shall in any way
relieve CLUB ONE of its responsibilities under this Agreement. The phrase "fail to maintain any
required insurance" shall include, without limitation, notification received by CITY that an insurer
has commenced proceedings, or has had proceedings commenced against it, indicating that the
insurer is insolvent.
-I-
The fact that insurance is obtained by CLUB ONE shall not be deemed to release or
diminish the liability of CLUB ONE, including, without limitation, liability under the indemnity
provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by CLUB ONE. Approval or
purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the
liability of CLUB ONE, its principals, officers, agents or employees.
Upon request of CITY, CLUB ONE shall immediately furnish CITY with a complete copy
of any insurance policy required under this Agreement, including all endorsements, with said
copy certified by the underwriter to be a true and correct copy of the original policy. This
requirement shall survive expiration or termination of this Agreement.
Section 15.
If either party is required to commence any proceeding or legal action to enforce or
interpret any term, covenant or condition of this Agreement the prevailing party in such
proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees
and legal expenses in addition to any other relief to which such party may be entitled.
Section 16.
No waiver by CITY or the CLUB ONE of any breach of any provision of this Agreement
shall be deemed for any purpose to be a waiver of any breach of any other provision hereof or of
a continuing or subsequent breach of the same provision.
Section 17.
This Agreement shall be governed by, and construed and enforced in accordance with,
the laws of the State of California, excluding, however, any conflict of laws rule which would
apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the
enforcement or interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
Section 18.
The provisions of this Agreement are severable. The invalidity, or unenforceability of any
one provision in this Agreement shall not affect the other provisions.
Section 19.
The parties acknowledge that this Agreement in its final form is the result of the
combined efforts of the parties and that, should any provision of this Agreement be found to be
ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in
favor of or against either party, but rather by construing the terms in accordance with their
generally accepted meaning.
Section 20.
In the event of any conflict between the body of this Agreement and any Exhibit or
Attachment hereto, the terms and conditions of the body of this Agreement shall control and
take precedence over the terms and conditions expressed within the Exhibit or Attachment.
-4-
Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which
purport to modify the allocation of risk between the parties, provided for within the body of this
Agreement, shall be null and void.
Section 21.
This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof and supersedes all previous agreements, negotiations, proposals,
commitments, writing, advertisements, publications, and understandings of any nature
whatsoever.
\\1
-5-
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By: uz�yk
Del Estabrooke
Public Works Parking Manager
w ?fi,3 ATTEST:
,ys,_s;ti REBECCA E. KLISCH
City Clerk
.0
By:
Deputy
APPROVED AS TO FORM:
JAMS C. SANCHEZ
Date
Addresses:
CITY:
City of Fresno
Attention: Del Estabrooke,
Public Works Parking Manager
2600 Fresno Street
Fresno, CA 93721
Attachments:
1. Exhibit A -Insurance Requirements
Mine
CLUB ON, INC.
a Californi corporation
By. / ( A, k4 -tet`
Name: ��ylc �' • /li �k /�.h�
Title:
Name:
Title:
(if corporation or LLC, Board
Chair, Pres. or Vice Pres.)
(if corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
CLUB ONE:
Club One Casino, Inc.
Attention: George Sarrantos
Owner
1033 Van Ness Avenue
Fresno, CA 93721
Exhibit A
INSURANCE REQUIREMENTS
FIXED RATE PATRON PARKING AGREEMENT
BETWEEN THE CITY OF FRESNO
AND
CLUB ONE CASINO, INC.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01, which shall include insurance for "bodily injury,"
"property damage" and "personal and advertising injury" with coverage for premises
and operations, products and completed operations, garagekeeper's liability, and
contractual liability.
2. The most current version of Insurance Service Office (ISO) Business Auto Coverage
Forrn CA 00 01, which shall include coverage for all owned, hired, and non -owned
automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers' Compensation insurance as required by the California Labor Code and
Employer's Liability Insurance.
Minimum Limits of insurance
CLUB ONE shall maintain limits of liability of not less than:
General Liability:
$1,000,000 per occurrence for bodily injury and property damage
$1,000,000 per occurrence for personal and advertising injury
$2,000,000 aggregate for products and completed operations
$2,000,000 general aggregate
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage
3. Employer's Liability:
$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
Umbrella or Excess Insurance
In the event CLUB ONE purchases an Umbrella or Excess insurance policy(ies) to meet the
"Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less
coverage than the primary insurance policy(ies).
Deductibles and Self -Insured Retentions
CLUB ONE shall be responsible for payment of any deductibles contained in any insurance
polices required hereunder and CLUB ONE shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to, and
approved by, the CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk
Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects CITY, its officers, officials, employees, agents and
volunteers; or (ii) CLUB ONE shall provide a financial guarantee, satisfactory to CITY'S Risk
Manager or his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall CITY be responsible for the payment of
any deductibles or self-insured retentions.
Other Insurance Provisions
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed
to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to be covered as
additional insureds.
2. The coverage shall contain no special limitations on the scope of protection afforded
to CITY, its officers, officials, employees, agents and volunteers.
3. CLUB ONE'S insurance coverage shall be primary and no contribution shall be
required of CITY.
The Workers' Compensation insurance Policy is to contain, or be endorsed to contain, the
following provision: CLUB ONE and its insurer shall waive any right of subrogation against
CITY, its officers, officials, employees, agents and volunteers.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall
not be cancelled, non -renewed, reduced in coverage or in limits except after 30 calendar day
written notice by certified mail, return receipt requested, has been given to CITY. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, non -renewal, or reduction in
coverage or in limits, CLUB ONE shall furnish CITY with a new certificate and applicable
endorsements for such policy(ies). In the event any policy is due to expire during the work to be
performed for CITY, CLUB ONE shall provide a new certificate, and applicable endorsements,
evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of
the expiring policy.
Other Requirements
CLUB ONE'S owned or leased property or property in its care, custody and control, will be at
the risk of the CLUB ONE only and the CITY will not be liable for any damage thereto or theft
thereof. Further, CLUB ONE waives its right of recovery, and its insurers also waive their right
of recovery, against CITY for loss of its owned or leased property or property in its care, custody
and control. The phrase "owned or leased property or property in its care, custody and control"
shall include, without limitation, tools, equipment, fixtures, materials and parts.
Acceptability of Insurers
All policies of insurance required hereunder shall be placed with an insurance company(ies)
admitted by the California Insurance Commissioner to do business in the State of California and
rated not less than "A -VII" in Best's Insurance Rating Guide; or authorized by CITY'S Risk
Manager.
Verification of Coverage
CLUB ONE shall furnish CITY with all certificate(s) and applicable endorsements effecting
coverage required hereunder. All certificates and applicable endorsements are to be received
and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the
Agreement and before work commences. The words "endeavor to" and "but the failure to do so
shall impose no obligation upon the insurer, its agents or representatives" shall be deleted or
eliminated from the Cancellation wording in the lower right hand comer of the certificate
CLUBONE-01 PICA
ACORD,.. CERTIFICATE OF LIABILITY INSURANCEDATE
(MM/DD/YYYY)
7/8/2009
PRODUCER (559) 432.0222
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
DiBuduo & DeFendis Insurance Brokers, LLC
License #OE02096
P.O. Box 5479
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
GENERAL LIABILITY
Fresno, CA 93755-5479
INSURERS AFFORDING COVERAGE
NAIC #
INSURED Club One, Inc.
INSURERA' Travelers Insurance Company
A
Club One Casino, Inc.
1033 Van Ness Avenue
Fresno, CA 93721
INSURER B: CompWest Insurance Company
6301097C256TCT08
INSURER C.
11/15/2009
—
INSURER D:
$ 850,000
INSURER E'.
5,000
PERSONAL &ADV INJURY
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRDD' - POLICY EFFECTIVE POLICY EXPIRATION
LTR POLICY NUMBER LIMITS
GENERAL LIABILITY
EACH OCCURRENCE_
$ 1,006,000
A
X
X COMMERCIAL GENERAL LIABILITY
_ CLAIM $ MADE OCCUR
6301097C256TCT08
11/15/2008
11/15/2009
PRESeaotccEence
MIES
$ 850,000
MED EXP (Any one person)
5,000
PERSONAL &ADV INJURY
_$
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,00
PRODUCTS - COMP/OP AGG
$ 2,000+000
GEN'L AGGREGATE LIMIT APPLIES PER:
X POLICY JECTPRO- LOC
— -- -
A
X
AUTOMOBILE
X
LIABILITY
ANY AUTO
BA1097C25608
11/15/2008
11/15/2009
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY
(Per person)
$
---
_
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accitlenl)
$
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
$
GAR AGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY'. AGG
EXCESSIUMBRELLA LIABILITY
EACH OCCURRENCE
$ 10,000,000
A
OCCURCLAIMSMADE
CUP1097C256TIL08
11/15/2008
11115/2009AGGREGATE
10,000,00
$ --
$
DEDUCTIBLE
$
RETENTION $
B
WORKERS COMPENSATION AND
EMPLOYERSLIABILITY
'
ANYPROPRIETORIPARTNDEDE CUTIVE
CA005004390002
7/10/2009
7/10/2010
X I WC STATU- H-
TORYLIMITS OTER
-'--
E.L. EACH ACCIDENT
$ 1,000,000
E.L.
E.L. DISEASE EA EMPLOYEE
--- 0
$ 1,000,000
OFRCERIMEMGER EXCLUDE09
u yee, describe under
SPECIAL PROVISIONS below
EL DISEASE -POLICY LIMIT
$ 1,000,00
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
10 Day Notice of Cancellation for Non -Payment of Premium Applies.
The City of Fresno is named as Additional Insured as respects Public Underground Parking Garage #8 per forms CG D2 47 08 05 and CA T3 01
02 99 attached.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Fresno DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Attn: Del Estabrooke, Public Works Parking Manager
2600 Fresno Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Fresno, CA 93721- 1 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
AUTHORIZED REPRESENTATIVE
[�Q 7 �yi.�[bT�S 16FA1
OC ACORD CORPORATION
CG D2 47 08 05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
NAME OF PERSON(S) OR ORGANIZATION(S):
The City of Fresno, its officers, officials, employees, agents and volunteers
PROJECT/LOCATION OF COVERED OPERATIONS:
Public Underground Parking Garage #8, Fresno, CA
1. WHO IS AN INSURED —(Section II) is amended to include the person or organization shown in
the Schedule above, but:
a) Only with respect to liability for "bodily injury", "property damage' or "personal injury"; and
b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you
or your subcontractor in the performance of "your work" on or for the project, or at the
location, shown in the Schedule. The person or organization does not qualify as an
additional insured with respect to the independent acts or omissions of such person or
organization.
2. The insurance provided to the additional insured by this endorsement is limited as follows:
a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations
exceed the limits of liability required by a "written contract requiring insurance' for that
additional insured, the insurance provided to the additional insured shall be limited to the
limits of liability required by that "written contractor requiring insurance'. This
endorsement shall not increase the limits of insurance described in Section III — Limits of
Insurance.
b) The insurance provided to the additional insured does not apply to "bodily injury",
"property damage" or "personal injury' arising out of the rendering of, or failure to render,
any professional architectural, engineering or surveying services, including:
i. The preparing, approving, or failing to prepare or approve, maps, shop
drawings, opinions, reports, surveys, field orders or change orders, or the
preparing, approving, or failing to prepare or approve drawings and
specifications; and
ii. Supervisory, inspection, architectural or engineering activities.
c) The insurance provided to the additional insured does not apply to "bodily injury' or
"property damage' caused by "your work" and included in the "products -completed
operations hazard" unless a "written contract requiring insurance" specifically requires
you to provide such coverage for that additional insued, and then the insurance provided
to the additional insured applies only to such "bodily injury' or "property damage" that
occurs before the end of the period of time for which the "written contract requiring
insurance' requires you to provide such coverage or the end of the policy period,
whichever is earlier.
3. The insurance provided to the additional insured by this endorsement is excess over any valid
and collectible 'other insurance", whether primary, excess, contingent or on any other basis, that
CG D2 47 08 05
is available to the additional insured for loss we cover under this endorsement. However, if a
"written contract requiring insurance" for that additional insured specifically requires that this
insurance apply on a primary basis or a primary and non-contributory basis, this insurance is
primary to "other insurance" available to the additional insured which covers that person or
organization as a named insured for such loss, and we will not share with that "other insurance".
But the insurance provided to the additional insured by this endorsement still is excess over any
valid and collectible "other insurance', whether primary, excess, contingent or any other basis,
that is available to the additional insured when that person or organization is an additional insured
under such"other insurance".
4. As a condition of coverage provided to the additional insured by this endorsement:
a) The additional insured must give us written notice as soon as practicable of an
"occurrence" or an offense which may result in a claim. To the extent possible, such
notice should include:
i. How, when and where the "occurrence" or offense took place;
ii. The names and addresses of any injured persons and witnesses; and
iii. The nature and location of any injury or damage arising out of the
"occurrence" or offense.
b) If a claim is made or "suit" is brought against the additional insured, the additional insured
must:
i. Immediately record the specifics of the claim or "suit" and the date
received; and
ii. Notify us as soon as practicable.
The additional insured must see to it that we receive written notice of the claim or
"suit" as soon as practicable.
c) The additional insured must immediately send us copies of all legal papers received in
connection with the claim or "suit", cooperate with us in the investigation or settlement of
the claim or defense against the "suit", and otherwise comply with all policy conditions.
d) The additional insured must tender the defense and indemnity of any claim or "suit" to
any provider of "other insurance" which would cover the additional insured for a loss we
cover under this endorsement. However, this condition does not affect whether the
insurance provided to the additional insured by this endorsement is primary to "other
insurance" available to the additional insured which covers that person or organization as
a named insured as described in paragraph 3. above.
5. The following definition is added to SECTON V. — DENFINITIONS:
"Written contract requiring insurance" means that part of any written contract or agreement under
which you are required to include a person or organization as an additional insured on this
Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal
injury" is caused by an offense committed:
a) After the signing and execution of the contract or agreement by you;
b) While that part of the contract or agreement is in effect; and
c) Before the end of the policy period.
CG D2 47 08 05
• ►�7 J kAi [ $1YAJW,1�jle]
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
Paragraph c. of the WHO IS AN INSURED provision
includes the person or organization indicated below,
but only for his, her or its liability because of acts or
omissions of an "insured" under paragraphs a. or b. of
that provision, subject to the following additional pro-
visions:
Person or Organization
The City of Fresno, its officers, officials,
Employees, agents and volunteers
CA T3 01 02 99
1. No liability is assumed by that person or organi-
zation for the payment of any premiums stated in
the policy or earned under the policy.
2. In the event of cancellation of the policy, written
notice of cancellation will be mailed by us to that
person or organization.
Address
2600 Fresno Street, Fresno, CA
Page 1 of 1
City of
ICIDC��■�� i i�
rn�' '+ti�0 REPORT TO THE CITY COUNCIL
August 20, 2009
FROM: PATRICK WIEMILLER, Director
Public Works Department
BY: DEL ESTABROOKE, Parking Manager
Public Works/Parking Services Division
AGENDA ITEM NO. j S
COUNCIL MEETING 8 f 2.a f 4 Q
APPROVED BY
CITY
SUBJECT: APPROVE PARKING AGREEMENT BETWEEN THE CITY OF FRESNO AND CLUB
ONE CASINO FOR PARKING IN UNDERGROUND PARKING GARAGE NO.8
KEY RESULT AREA
Presented to City Go-uncil
Me SPO o 9 —
Customer Satisfaction and Resource Management Disposition
RECOMMENDATION
It is recommended that the City Council authorize the Public Works Director or his designee to
enter into a one year agreement, subject to approval as to form by the City Attorney's office,
with Club One Casino for parking services at Garage No.8 at a fixed rate of $6,000 per month
for 100 parking spaces. The recommended agreement also requires Club One to pay $1.00 per
vehicle, per day for any Club One patron's vehicle over the 100 allotted spaces between the
hours of 6am and 6pm.
EXECUTIVE SUMMARY
Parking Garage No. 8 is located under Van Ness Avenue between Tulare and Fresno streets and
provides parking to various downtown business and public agencies. One of the businesses, Club
One Casino, has procured parking privileges for its visitors at a fixed monthly rate of $6,000 since
August 2006. The City of Fresno has previously extended the terms of the parking agreement with
Club One on an annual basis so the contract can be reviewed each year in context of the changing
downtown landscape. Analysis over the past year has determined that Garage 8 still has the
capacity to house Club One visitors, Holiday Inn guests, and the usual volume of monthly permit
holders. This contract seeks continue the prior conditions of the agreement for a one year period.
100 stalls will be reserved for Club One guests at a flat $6,000 per month rate, with each additional
Club One patron's vehicle charged at a rate of $1.00 per day during the hours of 6am to 6pm.
KEY OBJECTIVE BALANCE
The recommended agreement focuses on customer service and fiscal management, and shows the
City's continued effort to support downtown businesses and their customers. The fixed rate allows
REPORT TO THE CITY COUNCIL
PARKING AGREEMENT BETWEEN THE CITY OF FRESNO AND CLUB ONE CASINO FOR PARKING
IN UNDERGROUND PARKING GARAGE NO.8
August 20, 2009
Page 2
Club One to continue providing free parking to their patrons while generating approximately
$70,000 in revenue for the Parking Division.
BACKGROUND
Since the 1990s, Club One had been using an unlimited number of spaces in Garage 8 at a rate of
$5,000 per month. In 2006, Council directed the Parking Division to renegotiate the Club One
parking agreement with consideration to ongoing revitalization efforts downtown and other garage
users including the Holiday Inn. The contract for 100 designated spaces per month at the $6,000
rate plus $1.00 each additional car during the 6am-6pm time period was enacted in 2006-2007,
renewed in 2008-2009, and is viable for an additional 12 month period.
FISCAL IMPACT
The parking agreement generates $70,000 annually. It should be noted that Club One pays to
the City approximately $1,200,000 annually to the City in the form of table tax. No other
business entity pays this type of tax. Terms of the agreement are reviewed annually so
changes can be made as needed.