CITY OF CARMEL-BY-THE-SEA

Council Report
November 3, 2014
To: Honorable Mayor and Members of the City Council
From: Michael Calhoun, Director of Public Safety
Subject: Consideration of a Resolution Authorizing the City Administrator to
extend the lease rental agreement with National Parking and Valet
for the management of the tour bus zone and Ocean Ave parking
pilot program, and execute the agreement with National Parking and
Valet for the Pilot Parking Ambassador program.

RECOMMENDATION(S):
By motion to Consent Calendar, Adopt the Resolution authorizing the City Administrator
to extend the lease rental agreement with National Parking and Valet.

EXECUTIVE SUMMARY:
The City's current lease agreement with National Parking and Valet is for the
management operation of the Sunset Center North parking lot located at the Sunset
Center and the tour bus zone located at Ocean Avenue and J unipero. The original lease
agreement commenced on J anuary 1, 2005 and was extended through J une 2012. The
City currently retains 68.5% of the gross parking revenues. The new contract agreement
increases the amount the City retains to 75%. National Parking and Valet has effectively
managed parking revenues received from the Sunset Center North lot and tour bus zone
for the City of Carmel since 2005.

At the May 6th City Council meeting, staff presented to Council parking management
policies which included allowing unrestrictive parking at the Sunset Center North parking
lot. This program was implemented in August of this year and as a result, National
Parking is no longer collecting parking revenue from the Sunset Center North parking lot.
Council also recommended for staff to develop a parking pilot program for the downtown
commercial area on Ocean Avenue and the new lease/rental agreement will authorize
National Parking and Valet to manage the parking revenues during the pilot program
operational period. National Parking and Valet also proposes to implement a two month
parking ambassador program to educate and provide assistance to users of the parking
pay stations during the first two months of the program with the option of extending the
agreement on a month by month basis.

City Council has allocated funding in the FY 2014/15 budget for parking management as
part of its 2014 key initiatives which includes the development of a paid parking pilot
program for the downtown commercial district along both sides of Ocean Ave. The
purpose of this item is to extend the current lease/rental agreement with National Parking
and Valet to manage the gross parking revenues for the tour bus zone and parking pilot
Agenda Item: 7.F
program from November 2014 through October 2015. National Parking and Valet also
proposes to provide personnel for two months for the Pilot Parking Ambassador
program.

ANALYSIS/DISCUSSION: (including why Council is considering the item and justification for
recommendation)
National Parking and Valet has effectively managed the Sunset Center North parking lot
and tour bus zone for several years. During the duration of the contract relationship,
National Parking and Valet has been responsive to the City regarding the management
of parking revenues and they are very familiar with Digital Payment Technologies
management system. Digital Payment Technologies is the vendor for our current pay
and display parking machines and they were awarded the contract for the parking pilot
program. Because of National Parking and Valets familiarity with the current parking
management system, it is recommended to extend the contract for one year from
November 2014 through October 31, 2015.

The pilot program is for a period of six months with five (5) multi-space pay stations
installed along both sides of Ocean Ave for a total of ten pay stations, between J unipero
Ave and Monte Verde Street. At the conclusion of the six month trial program, the City
may extend the program on a month to month basis. The Pilot Parking Ambassador
program is for two months consisting of two employees from National Parking and Valet
educating and assisting residents and citizens operating the multi space parking pay
stations.

Upon final Council approval, the parking pilot trial period will commence around the first
week of November 2014.

OPTIONS:
The City Council may take the following actions:

1. Award a one year contract to National Parking and Valet for the management
operation of the pilot parking program and authorize the City Administrator to
execute contract and all related documents.
2. Authorize the City Administrator to execute contract with National Parking and
Valet for the Pilot Parking Ambassador program.


FISCAL IMPACT:
The Carmel by the Sea Capital Improvement Plan for the FY 14/15 budget includes
$474,000 for planning and implementation of the Parking Management Plan. Estimated
costs include revenues and expenses for six months or one year. See attached summary
and monthly analysis. The estimated net income/loss for the parking pilot program is
between $47,473 and $59,819 plus approximately $10,000 in contingency expenses.
These costs will be funded from the $474,000 Capital Improvement Plan.

Budgeted (yes/no) Funding Source( general fund, grant,
Agenda Item: 7.F
Agenda Item: 7.F
state) I
Yes- CIP Project# POL-1415-04 General Fund- Parking Management Plan I
PREVIOUS COUNCIL ACTION/DECISION HISTORY:
Parking management is one of the City's 2013/14 key initiatives. The Walker Study was
completed in 2013; Council held a public workshop on November 4, 2013. Council
directed staff to develop a parking management plan at its December 3rd Council
meeting, and directed staff to implement a parking pilot program at its May 6, 2014
council meeting.
ATTACHMENTS:
1 . Resolution
2. National Parking Rental Lease Agreement
3. National Parking Ambassador Agreement
4. Pilot Program Projected Net Revenue Estimate
APPROVED:
I

Douglas J. Administrator
- 3-
CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2014-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXTEND
THE LEASE/RENTAL AGREEMENT WITH NATIONAL PARKING AND VALET FOR
THE MANAGEMENT OF THE TOUR BUS ZONE AND OCEAN AVE PILOT PARKING
PROGRAM, AND EXECUTE THE AGREEMENT WITH NATIONAL PARKING AND
VALET FOR THE PILOT PARKING AMBASSADOR PROGRAM.

WHEREAS, the City of Carmel-by-the-Sea has a lease agreement with National
Parking and Valet for the management of the parking lot located at the north lot of
Sunset Center and the tour bus parking lot located at the corner of Ocean Ave and
J unipero; and

WHEREAS, the new rental/lease agreement includes operation and management
of the Pilot Parking program and a separate two month agreement for the Pilot Parking
Ambassador program; and

WHEREAS, the current lease agreement expired on J une 30, 2113; and,

WHEREAS, National Parking and Valet has demonstrated the necessary expertise
and experience to monitor the operation and maintenance of the parking pay stations;
and,

WHEREAS, The City Council desires to extend the lease/rental agreement
through October 31, 2015 and increase the percentage of parking revenues retained by
the City from 68.5% to 75% and authorize the City Administrator to execute the new
lease/rental agreement and Pilot Parking Ambassador program; and,

WHEREAS, The Capital Improvements includes funding in the FY 2014/15 budget
for the implementation and operation of the Parking Management Plan.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF CARMEL-BY-THE-SEA DOES:

1. Authorize the City Administrator to execute on behalf of the City the attached
lease/rental agreement with National Parking and Valet for a period of
November 2014 through October 31, 2015 and all related documents.
2. Authorize the City Administrator to execute on behalf of the City the attached
Pilot Parking Ambassador agreement with National Parking and Valet and all
related documents.

Agenda Item: 7.F


PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-
BY-THE-SEA on this 3rd day of November 2014 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:



SIGNED: ATTEST:



_________________________ ___________________________
J ason Burnett, Mayor Lori Frontella, MMC
Interim City Clerk



























Agenda Item: 7.F

LEASE/RENTAL AGREEMENT BETWEEN
THE CITY OF CARMEL-BY-THE-SEA
AND
NATIONAL PARKING AND VALET

This Lease/Rental Agreement, executed at Carmel-by-the-Sea, California this
__1st___day of ____November______ , 2014 by and between the City of Carmel-by-the-Sea
(hereinafter referred to as LESSOR/RENTOR) and NATIONAL PARKING AND VALET, a
division of Pacific Parking & Valet, LLC (hereinafter referred to as LESSEE/RENTEE),
supersedes all previous agreements between the parties with respect to Premises described herein.

IT IS AGREED between the parties hereto as follows:
1. Description of Premises.
1.1 LESSOR/RENTOR hereby leases to LESSEE/RENTEE, and LESSEE/RENTEE hires from
LESSOR/RENTOR, under the terms and conditions hereinafter set forth, those certain
improvements located on those certain parcels of land situated in the City of Carmel-by-the-Sea
and commonly described as the parking lot located on the north lot of Sunset Center, the tour
bus parking lot located at the corner of Ocean Avenue and Junipero Street, and Ocean Avenue
between Junipero Street and Monte Verde Street Carmel-by-the-Sea, Monterey County,
California (hereafter Premises).
2. Term.
2.1 The term of this Lease/Rental Agreement shall be for twelve (12) months,
commencing on 1 November, 2014 and ending on 1 October, 2015.

2.2 The LESSOR/RENTOR may terminate this contract by giving at least thirty (30) days
written notice to LESSEE/RENTEE if LESSOR/RENTOR determines, in LESSOR/RENTORs sole
discretion, that the premises are to be incorporated into a city-wide Parking Plan which will
either subject the Premises to significant construction/modification, or change the Premises use
classification in any way that precludes it from being used in a manner that is consistent with
this Agreement (e.g., free parking lot).



Agenda Item: 7.F
3. Compensation.

3.1 LESSEE/RENTEE shall pay to LESSOR/RENTOR seventy-five percent (75%) of the
Gross Revenue as defined hereinbelow. In addition LESSEE/RENTEE shall pay to LESSOR/RENTOR
the sum of $1,000 as set forth in 4.6 of this Agreement.

Gross Revenue as referred to above is defined to include, but not be limited to, total receipts
from parking collections prior to the payment of local taxes including any possessory use tax,
permit and licensing fees, and utilities. Gross Receipts shall exclude federal and state income
tax, and parking machine parts and maintenance.
3.2 LESSEE/RENTEE acknowledges that the late payment by LESSEE/RENTEE of
any rentals due hereunder will cause LESSOR/RENTOR to incur certain cost and expenses not
contemplated under this Lease, the exact amount of which will be extremely difficult or
impractical to ascertain. Such costs and expenses include, without limitation, administrative and
collection costs and processing and accounting expenses. Accordingly if any rental payment
hereunder is not received by LESSOR/RENTOR from LESSEE/RENTEE within ten (10) days
from the date it becomes due, LESSEE/RENTEE shall immediately pay to LESSOR/RENTOR,
without prior notice or demand, a late charge of five percent (5%) of the then-gross monthly
rental. LESSOR/RENTOR and LESSEE/RENTEE agree that this late charge represents a
reasonable estimate of such costs and expenses and is fair compensation to LESSOR/RENTOR
for its losses sustained by reason of LESSEEs /RENTEEs failure to make timely payment. In
no event shall this provision for the payment of a late charge be deemed to grant to
LESSEE/RENTEE a grace period or extension of time within which to pay any rental due
hereunder or prevent LESSOR/RENTOR from exercising any right or remedy available to
LESSOR/RENTOR upon LESSEEs/RENTEEs failure to pay such rental when due, including
the right to terminate this Lease.

3.3 If any rental remains delinquent for a period in excess of thirty (30) days, then, in
addition to the late charge provided hereinabove, LESSEE/RENTEE shall pay to LESSOR/RENTOR
interest on any rental that is not paid when due at the lesser of eighteen percent (18%) per
annum or the maximum interest rate permitted by law (the Default Rate), from the thirtieth
(30th) day following the date such amount became due, until paid.
4. Use.
4.1 The Premises shall be used only for the commercial parking of motor vehicles,
and for purposes incidental thereto. Premises shall be operated between the hours (8:00 a.m.
to 7:00 p.m.), or as negotiated with LESSOR/RENTOR. At all other times LESSOR/RENTOR has
exclusive use of the Premises.

Agenda Item: 7.F
4.2 LESSEE/RENTEE may operate and make available special event parking, overnight
parking, tour bus and/or hostelry valet guest programs from time to time during the term of this
Lease and any extension or renewal thereof. LESSEE/RENTEE shall notify the Carmel-by-the-Sea
in advance of any said usages. All revenues generated from such overnight parking programs
shall be included in the monthly gross revenue referred to in Section 3.1 hereof.
4.3 LESSEE/RENTEE shall not use or permit the Premises or any part thereof to be
used for any purpose or purposes other than those for which the Premises are hereby leased.
4.4 From time to time, LESSEE/RENTEE may exercise the right to use Premises for
after-hours special events/hospitality purposes for its customers, conditioned upon such use not
conflicting with any of the terms of this Lease/Rental Agreement.
4.5 In the event of an act of God or a major emergency/disaster which renders
Premises not useable by LESSEE/RENTEE, or requires LESSOR/RENTOR to use Premises for its
emergency purposes, all of LESSEEs/RENTEEs obligations hereunder shall cease during
LESSORs/RENTORs emergency use and the term of this Lease will be extended for the same
period of time LESSEE/RENTEE is unable to use Premises.
4.6 LESSEE/RENTEE shall be permitted to operate the back half of the Sunset Center
North Parking Lot from Thursday through Sunday of the AT&T National Pro AM Golf Tournament
for a private client. LESSEE/RENTEE will pay LESSOR/RENTOR $1,000 for usage of lot during this
time. The front half of the lot will remain open for the general public.
5. Taxes.
5.1 LESSOR/RENTOR shall pay all real estate and/or personal property taxes on the
Premises. LESSEE/RENTEE shall pay for permits, fees and a City of Carmel-by-the-Sea business
license.
5.2 LESSEE/RENTEE shall pay the Monterey County Possessory Use Tax as assessed by
the County of Monterey.
6. Repairs and Maintenance, Utilities.
6.1 LESSEE/RENTEE shall, during the term of this Lease and any renewal or extension
hereof, at its sole expense, maintain the Premises in a clean, orderly and good condition,
reasonable wear and tear excepted. LESSEE/RENTEE shall not commit or suffer to be committed
any waste or any nuisance upon the Premises. LESSEE/RENTEE shall not knowingly commit or
willingly permit to occur or be committed any act or thing contrary to the laws and regulations
prescribed from time to time by any federal, state or municipal authority. LESSEE/RENTEE shall
pay, or cause to be paid, all charges for water, sewer, gas, electricity, light, heat, power,
telephone and other utility service used or supplied upon or in connection with the Premises,
and all charges for licenses and permits necessary for use of the Premises for the purposes
authorized herein. LESSEE/RENTEE shall not permit the accumulation of any rubbish, dirt or
refuse on the Premises or on the streets, pathways, sidewalks, planters, curbs or alleys (Mission
Agenda Item: 7.F
Street, Eighth Avenue, San Carlos Street and Sunset Center ramp) adjoining the Premises and
shall promptly remove all such material.
LESSEE/RENTEE accepts the Premises as being in good and sanitary order, condition and repair,
and shall surrender unto LESSOR/RENTOR Premises in clean and good condition, reasonable use
and wear thereof excepted, upon the termination of this Lease. LESSEE/RENTEE shall provide
and pay for ongoing maintenance of landscaping ensuring the natural growth characteristic of
same, including the continued watering and maintenance of landscaping and planters for the
term of this Lease. LESSOR/RENTOR shall be responsible for maintenance and repair of light
poles/lights, electricity and on or by the premises, asphalt damage, and plumbing located on or
related to use.
7. Improvements.
7.1 LESSEE/RENTEE shall have the right, from time to time, to make such alterations
and improvements to the Premises as shall be reasonably necessary or appropriate in
LESSEEs/RENTEEs judgment for LESSEEs/RENTEEs use of the Premises as provided herein,
subject to LESSEEs/RENTEEs first obtaining LESSORs/RENTORs approval of plans therefor,
which consent and approval shall not be unreasonably withheld. All such alterations and
improvements shall be deemed to be part of Premises herein described and shall remain upon
Premises at the sole discretion of LESSOR/RENTOR, and become the property of
LESSOR/RENTOR upon the termination of this Lease or any extension or renewal thereof.
8. Indemnity.
8.1 LESSEE/RENTEE hereby agrees to indemnify, defend and hold LESSOR/RENTOR
and its public officials, officers and employees, harmless from and against all liabilities, losses,
costs and expenses incurred by LESSOR/RENTOR and claims made against LESSOR /RENTOR for
injury or death to persons or damage to property of whatsoever kind or nature (including,
without limitation, attorneys fees and costs) which are in any way connected with
LESSEEs/RENTEEs use or occupancy of Premises or the streets, sidewalks and alleys adjacent
thereto.
9. Compliance with the Law.
9.1 LESSEE/RENTEE shall, at its sole cost and expense, comply with all requirements
of municipal, state and federal authorities now, or which may hereafter be, in force pertaining to
LESSEEs/RENTEEs use or occupancy of the Premises, or LESSORs/RENTORs ownership thereof.
The judgment of any court of competent, jurisdiction or the admission of LESSEE/RENTEE in any
action or proceeding against LESSEE/RENTEE, whether LESSOR/RENTOR be a party thereto or
not, that LESSEE/RENTEE has violated any such ordinance regulation or statute in its use or
occupancy of the Premises and adjacent areas shall be conclusive of that fact as between
LESSOR/RENTOR and LESSEE/RENTEE.


Agenda Item: 7.F
10. Insurance.
10.1 LESSOR/RENTOR shall maintain in effect throughout the term of this Agreement a
policy or policies of insurance with the following minimum limits of liability:

a. Commercial general liability, including but not limited to premises, personal
injuries, death, products, and completed operations, with a combined single limit
of liability of $1,000,000 per occurrence, and

b. LESSEE/RENTEE shall maintain workers compensation insurance in accordance
with the California Labor Code with a minimum of $1,000,000 per occurrence for
employer liability.

LESSEE/RENTEE shall provide and maintain at its own expense, during the term of this
Agreement, a comprehensive general liability policy, including but not limited to premises,
personal injuries, products, and completed operations, of insurance, satisfactory to
LESSOR/RENTOR, with a combined single limit of not less than ONE MILLION DOLLARS
($1,000,000) per occurrence for property damage and for bodily injury or death of persons.
All insurance required by this Agreement shall be with a company acceptable to
LESSOR/RENTOR and authorized by law to conduct insurance business in the State of California.
All such insurance shall be written on an occurrence basis, or, if the policy is not written on an
occurrence basis, such policy with the coverage required herein shall continue in effect for a
period of two (2) years.
Each insurance policy shall provide an endorsement naming CITY, its officers, agents, employees
and volunteers as Additional Insured and shall further provide that such insurance is primary
insurance to any insurance or self-insurance maintained by CITY and that the insurance of the
Additional Insured shall not be called upon to contribute to a loss covered by the insurance CITY.
Each insurance policy shall provide that LESSOR/RENTOR shall be given notice in writing at least
thirty (30) days in advance of any change, cancellation or non-renewal thereof. Said policy shall
provide identical coverage for each subcontractor, if any, performing work under this
Agreement, or be accompanied by a certificate of insurance showing each subcontractor has
identical coverage.
As a condition precedent to LESSOR/RENTOR performance pursuant to this Agreement,
LESSEE/RENTEE shall file with a certificate of insurance with the City Risk Management Officer,
on or before May 1, 2005, showing that they have in effect the insurance required by this
Agreement. LESSEE/RENTEE shall file a new or amended certificate of insurance promptly after
any change is made to any insurance policy which would alter the information on the certificate
then on file.

Agenda Item: 7.F
10.2 For all times during the term of this Lease and any extension or renewal hereof,
LESSEE/RENTEE shall procure and maintain, at LESSEEs/RENTEEs sole expense, fire and
extended coverage, vandalism and malicious mischief and all-risk insurance coverage for its own
personal property and leasehold improvements. LESSEE/RENTEE shall submit to
LESSOR/RENTOR certificates evincing the insurance required hereunder, which certificates shall
name LESSOR/RENTOR and its public officials, officers and employees as additional insureds as
its interests may appear and shall contain a written obligation on the part of the insurance
carrier (s) named therein requiring that carrier shall notify LESSOR/RENTOR in writing thirty (30)
days prior to any cancellation, modification, or nonrenewal thereof for any cause or reason
whatsoever.
11. Default and Remedies.
11.1 The occurrence of any one or more of the following events shall constitute a
material default and breach of this Lease by LESSEE/RENTEE:
a. The vacating or abandonment of Premises by LESSEE/RENTEE.

b. The failure by LESSEE/RENTEE to make any payment of rent or any
other payment required to by made by LESSEE/RENTEE hereunder, as
and when due, where such failure shall continue for a period of three (3)
days after written notice thereof from LESSSOR/RENTOR to
LESSEE/RENTEE. In the event that LESSOR/RENTOR serves
LESSEE/RENTEE with a Notice to Pay Rent or Quit pursuant to
applicable unlawful detainer statues, such Notice to Pay Rent or Quit shall
also constitute the notice required by this subparagraph.

c. The failure by LESSEE/RENTEE to observe or perform any of the covenants,
conditions or provisions of this Lease to be observed or performed by
LESSEE/RENTEE, other than described in subparagraph b. above, where
such failure shall continue for a period of thirty (30) days after written
notice thereof from LESSOR/RENTOR to LESSEE/RENTEE; provided,
however, that if the nature of LESSEEs/RENTEEs default is such that more
than thirty (30) days is reasonably required for its cure, then
LESSEE/RENTEE shall not be deemed to be in default if LESSEE/RENTEE
commences such cure within said thirty-(30)-day period and thereafter
diligently prosecutes such cure to completion.
12. No Waiver Implied.
12.1 The continuation by LESSOR/RENTOR of the tenancy of the LESSEE/RENTEE
following a breach of the terms hereof by LESSEE/RENTEE shall in no event be considered a
waiver by LESSOR/RENTOR of any subsequent breach by LESSEE/RENTEE or of the benefits of
any of the provisions thereof or in any way subject LESSOR/RENTOR to legal disability.
Agenda Item: 7.F

13. Eminent Domain.
13.1 If any part of the premises shall be taken or condemned for a public or quasi-
public use, and a part thereof remains which is susceptible of occupation hereunder,
LESSOR/RENTOR shall have the sole option to terminate this Lease as pertaining to the entire
Premises as of the date when title to the part so condemned vests in the condemnor, but this
Lease shall as to the parts so take, continue in full force and effect except that the rent payable
hereunder shall be adjusted so that LESSEE/RENTEE shall be required to pay for the remainder of
the term only such portion of such rent as the value of the part remaining after condemnation
bears to the value of the entire Premises at the date of condemnation. If the entire Premises is
taken or condemned, or if such part thereof be taken or condemned which renders, in the
reasonable judgment of both LESSOR/RENTOR and LESSEE/RENTEE, that portion of the Premises
remaining unusable for the uses herein described, this Lease shall terminate upon such taking or
condemnation, if a part or all of the premises be taken or condemned, all compensation to be
awarded upon such condemnation or taking shall be paid to LESSOR/RENTOR
14. Audit.
14.1 On January 1 and July 1 of each year during the term of this Lease or any renewal
or extension hereof, a representative from LESSOR/RENTOR and a representative from
LESSEE/RENTEE shall meet for an audit and review of the parking operation at the request of
LESSOR/RENTOR. Any adjustments to the monthly rental shall be paid within thirty (30) days
from the completion of the audit.
14.2 In addition, within ten (10) days after the end of each Lease-year, commencing
with 1 October 2015 and ending with the tenth (10th) day of the month following the last month
of the Lease term, LESSEE/RENTEE shall furnish LESSOR/RENTOR with a statement to be certified
as correct by LESSEE/RENTEE or the employee of LESSEE/RENTEE/RENTEEs authorized so to
certify, which sets forth LESSEEs gross parking revenue for the year just concluded. With each
annual statement, LESSEE/RENTEE shall pay to LESSOR/RENTOR the amount of any additional
percentage rent which is payable to LESSOR/RENTOR, considering any installments of
percentage rent paid by LESSEE/RENTEE to LESSOR/RENTOR during the previous Lease-year or
partial Lease-year, as appropriate. If the annual statement shows that during the previous
Lease-year, LESSEE/RENTEE paid more percentage rent than it was obligated to pay under the
terms of this Lease, the amount of such overpayment shall be applied to the next installment or
installments of minimum rent due or, if such overpayment was in the last year of the Lease
term, LESSOR/RENTOR shall refund to LESSEE/RENTEE the full amount of such overpayment
within thirty (30) days of LESSORs/RENTORs receipt of the statement.



Agenda Item: 7.F
14.3 The acceptance by LESSOR/RENTOR of any monies paid to
LESSOR/RENTOR by LESSEE/RENTEE as percentage rent for Premises as
shown by any annual statement furnished by LESSEE/RENTEE shall not be
an admission of the accuracy of such statement, or of the sufficiency of
the amount of percentage rent payments, but LESSOR/RENTOR shall be
entitled at any time within three (3) years from the end of the Lease-year
for which any such percentage rent payments have been made to
question the sufficiency of the amount paid and/or the accuracy of the
statement or statements furnished by LESSEE/RENTEE to justify the
amount. LESSEE/RENTEE shall, for each period of three (3) years,
including the three (3) years, following the end of the term of this Lease,
keep safe and intact all of the records, books, and accounts relevant to the
gross parking revenue generated on Premises and shall, upon request,
make such records available to LESSOR/RENTOR, LESSORs/LESSORs
auditor, representative or agent for examination at any reasonable time
during such period.

14.4 LESSEE/RENTEE shall keep full and detailed accounts and exercise such controls as
may be necessary for proper financial management under this Agreement; the accounting and
control systems shall be satisfactory to LESSOR/RENTOR. LESSOR/RENTOR and
LESSORs/RENTORs auditor shall be afforded access to LESSEEs/RENTEEs records, books,
correspondence and other data relating to this Agreement. LESSEE/RENTEE shall preserve these
records, books, correspondence and other data relating to this Agreement for a period of three
(3) years after final payment, or for such longer period as may be required by law. In addition,
LESSEE/RENTEE agrees to make said records, books, correspondence and other data relating to
this Agreement available to LESSOR/RENTOR as LESSORs/RENTORs principal place of business
upon 72 hours written notice.

15. Rates, Distribution, Stall Count.
15.1 Specifications and rates, Sunset Center Parking Summary (all subject to review,
change and approval by Resolution of LESSORs/RENTORs City Council):

Stall Count:
Standard (9 x 18) 71
Compact (8 x 16) 64
135

Distribution of Stalls:
Monthly Permits __Approx 70
Transient __Approx 65

Agenda Item: 7.F
Rates:
Monthly $ ___60___ / month
Transient $ ___2_____/ hour
Sunset Center Special Events No charge after 5 p.m.

16. LESSORs/RENTORs Access.
16.1 LESSOR/RENTOR and LESSORs/RENTORs agents shall have the right to enter
Premises at reasonable times for the purpose of inspecting the same, showing the same to
prospective purchasers, lenders or lessees, and make such alterations, repairs, improvements or
additions to Premises as LESSOR/RENTOR may deem necessary or desirable. During the last one
hundred and twenty (120) days of the term of this Lease, LESSOR/RENTOR may, at any time,
place on or about Premises any ordinary For Lease signs, all without rebate of rent to
LESSEE/RENTEE or liability to LESSOR/RENTOR.
17. Assignment and Subletting.
17.1 In consideration for the favorable rental and lease terms and conditions, this
Lease is personal to LESSEE/RENTEE and as such LESSEE/RENTEE shall not sell, transfer, assign,
mortgage or hypothecate this Lease, or any interest in this Lease, nor permit the use of Premises
by any person or persons other than LESSEE/RENTEE, nor sublet Premises or any part thereof.
However, in the event that LESSEE/RENTEE desires to sell, transfer, assign, sublet, mortgage or
hypothecate this Lease or any interest therein, the parties hereto agree that it shall be
reasonable for LESSORs/RENTORs consent thereto, if any, to be predicated, in part, upon the
financial and professional qualifications of the proposed successor in interest as well as the
proposed successors willingness to pay additional rent in an amount then designated by
LESSOR/RENTOR to be the then-fair market rental for similar space in the vicinity of Premises
and it shall be reasonable that such consent shall be subject to a document preparation fee of
not less than one thousand dollars ($1,000). Consent to any of the aforementioned acts shall not
operate as a waiver of LESSORs/RENTORs right to terminate this Lease in the event of a sale,
transfer, assignment or sublease of Premises.
18. Hold-Over Tenant.
18.1 It is covenanted that there shall be no renewal of this Lease, except upon
execution of a written agreement, and the fact that LESSEE/RENTEE may continue in possession
of Premises without the written consent of LESSOR/RENTOR, shall not operate to renew this
Lease. If LESSEE/RENTEE should hold over after the expiration of the term hereof without the
written consent of LESSOR/RENTOR, LESSEE/RENTEE shall be deemed to be a tenant at
sufferance. This provision for hold-over tenancy is not to be construed as limiting the rights or
remedies otherwise available to LESSOR/RENTOR to remove LESSEE/RENTEE, or to limit the
rights of LESSOR/RENTOR or LESSEE/RENTEE to resolve any dispute relating to rental for any
option period. In the event of a holdover, the rent will be the then-current base rent plus five
hundred dollars ($500) per month.
Agenda Item: 7.F

19. Capital Improvements.
19.1 Cost and / or installation of any future capital improvements proposed by either
party shall be negotiated in good faith at the time of any renewal date of this Lease Agreement.
20. Binding on Successor.
20.1 Subject to the provisions contained in this Lease, the covenants and conditions of
each party herein specified shall apply to and bind the heirs, executors, administrators and
successors of such party.
21. Notices.
21.1 All notices to be given to LESSEE/RENTEE or LESSOR/RENTOR shall be made in
writing and shall be deemed delivered upon receipt either personally or by registered or
certified mail addressed as follows:
LESSEE/RENTEE LESSOR/RENTOR:
Pacific Parking and Valet, LLC City of Carmel-by-the-Sea
dba National Parking and Valet Attn: City Administrator
578 A. Houston Street Box CC
Monterey, CA 93940 Carmel-by-the-Sea, CA 93921
22. Attorneys Fees.
22.1 If either party hereto should bring any suit against the other party hereto (formal
judicial proceeding, mediation or arbitration), for the breach of any term, covenant, condition or
obligation herein contained to be kept by such other party for the recovery of any sum due
hereunder, or to recover possession of Premises, or for any summary action for forfeiture of this
Lease or to prevent further violations of any of its terms, covenants, conditions, or obligations,
or for any other relief then, and in that event, the case shall be handled in Monterey County,
California, and the prevailing party in such suit or summary action shall be entitled to a
reasonable attorneys fee to be fixed by the judge, mediator or arbitrator hearing the case and
such fee shall be included in the judgment, together with all costs.
23. Governing Law.
23.1 This Lease shall be governed by the laws of the State of California.
24. Agreement Contains All Understandings; Amendment.

Agenda Item: 7.F
24.1 This document represents the entire and integrated Agreement between
LESSOR/RENTOR and LESSEE/RENTEE supersedes all prior negotiations, representations, and
agreements, either written or oral.

24.2 LESSEE/RENTEE shall not bring onto, or install, or permit to be brought onto or
installed on the Premises any hazardous materials as defined in Article 25.1 above.

24.3 LESSEE/RENTEE agrees to indemnify, defend and hold LESSOR/RENTOR harmless
from and against all liabilities, claims, actions, damages, costs and expenses or loss arising out of
or resulting from the presence of any hazardous material brought or installed or permitted to be
brought or installed by LESSEE/RENTEE upon the demised premises.

IN WITNESS WHEREOF, the parties hereto have set their hands this _____day of
______________, 2014 ___.

LESSOR/RENTOR: LESSEE/RENTEE:
CITY OF CARMEL-BY-THE-SEA NATIONAL PARKING & VALET, a division of
PACIFIC PARKING & VALET, LLC

__________________________ ____________________________
Doug Schmitz Steven E. Summers
City Administrator Managing Operating Partner


ATTEST:



___________________________
Lori Frontella, MMC
Interim City Clerk




data/KC/Agreements & Contracts/National Parking and Valet 2005.doc
Agenda Item: 7.F
AGREEMENT FOR SERVICES
THIS AGREEMENT is entered into on this _______ day of November, 2014, by and between the
CITY OF CARMEL-BY-THE-SEA, a municipal corporation, (hereinafter referred to as "CITY") and NATIONAL
PARKING AND VALET, a division of Pacific Parking & Valet, LLC.
W I T N E S S E T H
WHEREAS, CITY desires to contract with NATIONAL PARKING AND VALET to provide CITY with
two of its employees to serve as Parking Ambassador Attendants for CITY to educate and provide
assistance to the public in connection with the Pilot Program Parking Machines situated on Ocean
Avenue, Carmel-by-the-Sea, California.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
1. TERM
The term of this Agreement shall be from November 2014, (hereinafter ACommencement Date@)
through and including January, 2015 or 75 days.
2. SCOPE OF SERVICES
NATIONAL PARKING AND VALET will provide CITY with two of their employees to provide the
service of educating and assisting the public as to how to use the parking machines in connection with
the Pilot Program Parking Machines located on Ocean Avenue, Carmel-by-the-Sea.
3. COMPENSATION/SERVICE RATES
A. CITY agrees to pay NATIONAL PARKING AND VALET the total sum of EIGHTEEN
THOUSAND NINE HUNDRED AND NO/100 for both employees for the term set forth above.

B. Additional services beyond the term set forth above will be provided to CITY by
NATIONAL PARKING AND VALET, as requested by CITY, at the rate of TWENTY-ONE AND NO/100
DOLLARS ($21.00) per hour. If such additional services are requested NATIONAL PARKING AND VALET
will submit billing invoices to CITY monthly following completion of such services and payment shall be
due upon receipt by CITY of NATIONAL PARKING AND VALETS billing.

4. GENERAL ADMINISTRATION AND MANAGEMENT
A. The Chief of Police of the POLICE DEPARTMENT shall have the primary administrative
responsibility for the CITY under this Agreement, and shall review and approve NATIONAL PARKING AND
VALET=S invoices to the CITY under this Agreement.


Agenda Item: 7.F
5. SUPERVISION AND CONTROL OF SECURITY OFFICERS
The Parking Ambassador Attendants furnished to CITY are employees of NATIONAL PARKING
AND VALET. NATIONAL PARKING AND VALET will pay the wages, taxes (including, but not limited to
Social Security and federal and state unemployment taxes) and other expenses relating to each of its
employees. NATIONAL PARKING AND VALET will hire, train, supervise and control its employees but will,
however, remove any NATIONAL PARKING AND VALET employee not acceptable to CITY upon written
request by CITY.
6. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. NATIONAL PARKING AND VALET will not discriminate against any employee or applicant
for employment because of race, creed, color, sex, age, national origin, marital status, physical or other
motor handicap, unless based upon bonafide occupational qualification. FIRST ALARM will take
affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, creed, color, sex, age, national origin, marital status, physical
or other motor handicap.

7. HIRING OF NATIONAL PARKING AND VALET EMPLOYEES
CITY will not hire any employee from NATIONAL PARKING AND VALET while the employee is still
employed by NATIONAL PARKING AND VALET, or prior to ninety (90) days after termination of the
employee by NATIONAL PARKING AND VALET.

8. SUSPENSION/TERMINATION OF AGREEMENT
A. This Agreement may be terminated with or without cause by either party upon three (3) days
written notice delivered as set forth in this Agreement.
9. ASSIGNMENT
A. This Agreement may not be assigned or otherwise transferred by either party hereto without
the prior written consent of the other party.
10. HOLD HARMLESS
A. NATIONAL PARKING AND VALET is covered by, and agrees to maintain, general liability
insurance for bodily injury and property damage arising directly from its negligent acts or omissions with limits
as specified below. Certificates of insurance shall be provided to CITY upon request. Within the limits and
conditions of such insurance, NATIONAL PARKING AND VALET agrees to indemnify, protect, defend and name
the CITY, its public officials, officers and employees as additional insured and hold harmless from any loss,
damage or liability arising directly from any negligent act or omission by NATIONAL PARKING AND VALET.
Agenda Item: 7.F
NATIONAL PARKING AND VALET shall not be responsible for any loss, damage or liability beyond the amounts,
limits and conditions of such insurance. NATIONAL PARKING AND VALET shall not be responsible for any loss,
damage or liability arising from any act or omission by the CITY, its agents, staff, other consultants,
independent contractors, third parties or others working on the project that have not been hired by NATIONAL
PARKING AND VALET and over which NATIONAL PARKING AND VALET has no supervision or control.
12. INSURANCE
A. COVERAGES LIMITS OF LIABILITY

General Liability, including $5,000,000.00 each
Bodily Injury, Property Damage occurrence
and Contractual Liability

Agenda Item: 7.F
Automobile Liability, including $1,000,000.00 each
Bodily Injury and Property occurrence
Damage

Professional Liability 5,000,000.00 each
occurrence
$5,000,000.00 aggregate

B. WORKER=S COMPENSATION
NATIONAL PARKING AND VALET certifies that it is aware of the provisions of the Labor Code of
the State of California which require every employer to be insured against liability for workers=
compensation or to undertake self-insurance in accordance with the provisions of that Code, and
it certifies that it will comply with such provisions before commencing performance under this
Agreement.
13. INDEPENDENT CONTRACTOR
A. NATIONAL PARKING AND VALET is, and shall be at all times during the term of this
Agreement, an independent contractor.
14. NOTICES
A. Any notice to be given to the parties hereunder shall be addressed as follows (until notice
of a different address is given to the parties):
CITY: City Administrator
City of Carmel-by-the-Sea
P.O. Box CC [Monte Verde between Ocean and
Seventh Avenues]
Carmel-by-the-Sea, CA 93921
with a copy to: Chief of Police
Carmel-by-the-Sea Police Department
P.O. Box 600 [Southeast corner of Junipero
and Fourth Avenues]
Carmel-by-the-Sea, CA 93921

NATIONAL PARKING __________________________________
AND VALET: __________________________________
__________________________________
__________________________________

Any and all notices or other communications required or permitted relative to
this Agreement shall be in writing and shall be deemed duly served and given when personally delivered
Agenda Item: 7.F
to either of the parties, NATIONAL PARKING AND VALET or the CITY, to whom it is directed; or in lieu of
such personal service, when deposited in the United States mail, first class, postage prepaid, addressed
to NATIONAL PARKING AND VALET or to the CITY at the addresses set forth above.
Either party may change their address for the purpose of this paragraph by giving written
notice of such change to the other party in the manner provided for in the preceding paragraph.
15. ATTORNEY'S FEES AND COURT VENUE
A. Should either party to this Agreement bring legal action against the other, (formal judicial
proceeding, mediation or arbitration), the case shall be handled in Monterey County, California, and the
party prevailing in such action shall be entitled to a reasonable attorney=s fee which shall be fixed by the
judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together
with all costs.
16. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
A. This document represents the entire and integrated Agreement between the CITY and
NATIONAL PARKING AND VALET and supersedes all prior negotiations, representations and agreements
either written or oral.
17. GOVERNING LAW
A. This Agreement shall be governed by the laws of the State of California.
18. SEVERABILITY
A. If any term of this Agreement is held invalid by a court of competent jurisdiction the
remainder of this Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove
written.
CITY ATTEST:

By: __________________________ _____________________________
Lori Frontella, MMC
Interim City Clerk
Its: __________________________

NATIONAL PARKING AND VALET

By: ___________________________

Its ___________________________


Agenda Item: 7.F
Agenda Item: 7.F
City of Carmel-by-the-Sea
Analysis of Paid Parking Initiative - Pilot Program
Nov 2014 thru Oct 2015 - Summaries
Total Projected Net Revenue Estimate 6 month program 1 year program
Rate Schedule per meter
-rate per hour (for all hours) $ 2.00 $ 2.00
Number of hours per day covered by meters 11.00 11.00
Total potential revenue per day/meter $ 22.00 $ 22.00
Number of days in trial period 181 365
Total potential revenue per meter- trial period $ 3,982 $ 8,030
Number of meters in trial 10 10
Total potential revenue -trial period $ 39,820 $ 80,300
Average%occupancy 85.00% 85.00%
Estimated total revenue during trial period $ 33,847 $ 68,255
Percentage to management company 25.00% 25.00%
Estimated management expense during trial period $ 8,462 $ 17,064
Total Projected Net Revenue Estimate $ 25,385 $ 51,191
Transaction costs ( $ .35 x 8 x 181/365 x 10) $ (5,068) $ (10,220)
Cost of Parking Ambassador Attendants (75 days) $ (18,900) $ (18,900)
Meter lease costs (only after initial 6 months, 10 x $400 x 6 mo.) $ $ (24,000)
Digital Payment Technology- pay station maintenance $ (5,240) $ (5,240)
Genetec- License Plate Recognition (LPR) costs $ (31,650) $ (31,650)
Consultant costs $ (9,000) $ (15,000)
Miscellaneous $ (3,000) $ (6,000)
Total Net lncome/(Loss) for entire trial period $ (47,473) $ (59,819)
A
g
e
n
d
a

I
t
e
m
:

7
.
F
Rate Schedule per meter
- rate per hour (for all hours)
Number of hours per day covered by meters
Total potential revenue per day/meter
Number of days in t rial period
Total potential revenue per meter- trial period
Number of meters in trial
Total potential revenue- t rial period
Average %occupancy
Estimated total revenue during trial period
Percentage to management company
Estimated management expense during trial period
Total Projected Net Revenue Estimate
Transaction costs ( $ .35 x 8 x 182/ 365 x 10)
Cost of Parking Ambassador Attendants (75 days)
$
$
s
$
$
$
s
$
s
Meter lease costs (only after initial 6 months, 10 x $400 x 6 m< S
Digital Payment Technology - pay station maintenance
Genetec - license Plate Recognition (LPR) costs
Consultant costs
Miscellaneous
Total Net lncome/(Loss) for entire trial period
$
$
$
$
$
Nov-14
2.00 $
11
22.00 $
30
660.00 $
10
6,600 $
85%
5,610 $
25%
1,403 $
4,208 $
(840) $
(7,560) s
$
(873) $
(2,290) $
(2, 000) $
(500) $
(9,856) $
City of Ca rmel -by-the-Sea
Analysis of Paid Parking Init iat ive - Pilot Program
Nov 2014 thr u Oct 2015 - Monthly
Dec-14
2.00 $
11
22.00 s
31
682.00 $
10
6,820 $
85%
5,797 $
25%
1,449 s
4,348 $
(868) $
(7, 812) $
$
(873) $
(2,290) $
(2,000) $
(500) $
(9,996) $
Ja n-15
2.00 $
11
22.00 $
31
682.00 $
10
6,820 $
85%
5, 797 $
25%
1,449 $
4,348 $
(868) $
(3,528) $
$
(873) $
(6,768) $
(1,500) $
(500) $
(9,689) $
Feb-15
2.00 $
11
22.00 s
28
616.00 $
10
6,160 $
85%
5, 236 $
25%
1,309 $
3,927 $
(784) $
$
$
(873) $
(6,768) $
(1,500) $
(500) $
(6,498)
Ma r-15
2.00 $
11
22.00 $
31
682.00 $
10
6,820 $
85%
5,797 s
25%
1,449 $
4,348 $
(868) $
$
$
(873) $
(6,768) $
(1,000) s
(500) $
(5,661) $
Apr-15
2.00 $
11
22.00 $
30
660.00 $
10
6,600 $
85%
5,610 $
25%
1,403 $
4,208 $
(840) $
May-15
2.00 $
11
22.00 s
31
682.00 $
10
6,820 $
85%
5,797 s
25%
1,449 $
4,348 $
(868) $
$ $
(873)
(6,768)
$ (4, 000) $
(1,000) $ (1,000) $
(500) $ (500) s
(5,773) $ (2,020) $
Jun-15
2.00 $
11
22.00 s
30
660.00 $
10
6,600 $
85%
5,610
25%
1,403 $
4,208 $
(840) $
Jul-15
2.00 $
11
22.00 $
31
682.00 $
10
6,820 $
85%
5,797 $
25%
1,449 $
4,348
(868) $
$ $
(4,000) $ (4,000) $
(1,000) $ (1,000) $
(500) $ (500) $
(2,133) $ (2,020) $
Aug-15
2.00 $
11
22.00 $
31
682.00
10
6,820 $
85%
5,797 s
25%
Sep-15
2.00 $
11
22.00 s
30
660.00 $
10
6,600 s
85%
5,610 $
25%
1,449 $ 1,403 $
4, 348 $ 4,208 $
(868) $ (840) $
$ $
Oct-15
2.00
11
22.00
31
682.00
10
6,820
85%
5,797
25%
1,449
4,348
(868)
(4,000) $ (4,000) $ (4,000)
(1,000) $ (1,000) $ (1,000)
(500) $ (500) $ (500)
(2,020) $ (2,133) s (2,020)