MAINTENANCE/OPERATION AGREEMENT FOR PARK STREET GARAGE
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MAINTENANCE AND OPERATION AGREEMENT
FOR THE
PARK STREET GARAGE
This Maintenance and Operation Agreement, dated as Of~ ' ~
l~ade and executed by the City of Clearwater, a Florida mun icipa 1
corporation hereinafter referred to as "City" and Mack Clearwater Limited
Partnership, a limited partnership located in Hillsborough County, Florida,
who has become the successor ir. ~literest in said property formerly belonging to
J.K. Financial Corporation, hereinafter referred to as "Mack."
WIT N E SSE T H :
WHEREAS, the Clearwater Redevelopment Agency, h~reinafter referred to as
"CRAil and Mack jointly own a parking facility in Clearwater, Florida; and
WHEREAS, CRA has contracted City to maintain and operate its floors of
the parking facility; and
WHEREAS, there is an economic and operational advantage for City to provide
the same services to Mack; and
WHEREAS, Mack desires City to provide said services;
NOW, THEREFORE, in consideration of the. mutual and dependent covenants of
the parties hereto and other good and valuable consideration as hereinafter set
forth, it is hereby agreed by and between City and Mack as follows:
Section 1: DEFINITIONS. All terms shall have the following meaning in
this Maintenance and Operation Agreement unless the text otherwise requires:
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(A) "General Maintenance and Operation Cost" shall mean these costs
incurred from the personnel, services and material expended on the following:
1. Cashier Services
2. Utilities - Electric, water, sewer, garbage and telephone.
3. Maintenance:
Replacement of lamps or bulbs
Replacement or repair of electrical fixtures
Replacement of signs and striping of parking spaces
Repair of the general electrical system
Replacement or repair of garage access and revenue control equipment
Repair or replacement of fire extinguishers or the fire standpipe system
Repair or replacement of the sanitary plumbing and fixtures
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Sweeping and general maintenance of the facility
Maintenance and replacement of landscaping
4. Other:
Uniforms
Supplies
Elevator Service
(8) "Administrative Cost" shall mean those costs associated with or
incurri~g from the following:
1. Management of the parking facility
2. Maintaining financial records
3. Maintaining a monthly list of parking patrons
(C) "Oversell" shall mean selling more monthly parking permits than there
are spaces available.
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(D) "Parking Facility" shall be the real property described on Exhibit
"A, II attached hereto, together wi th a 11 improvements common 1y known as the Park
Street Garage.
Section 2: MAINTENANCE AGREEMENT. City shall provide or arrange. for.
all services and materials necessary to maintain and operate the parking
facility. However, this section shall not be construed to include structural
or other major repairs on the portion of the facility owned by Mack.
Section 3: PARKING REVENUE. City agrees to collect all daily and hourly
parking fees. Those fees are currently set at $.50 per hour or any part of an
hour with the daily maximum fee of $2.50.
Certain tenants of Mack1s office building have agreements with' Mack for
free customer parking. These tenants validate their customers tickets for their
entire stay and City bills Mack monthly as follows:
The first two (2) hours of parking are billed at the current merchant
validation stamp rate, $.10 per hour plus the applicable state sales tax, and
additional time is billed at the current hourly/daily rate. City shall have
the exclusive right and authority to establish the rate structure for the
merchant validation stamp program and the hourly/daily rates.
Mack owns 214 parking spaces on levels 3 and 4 of said parking facility,
and sha 11 be permitted to overse 11 its spaces. The 1 eve 1 of overse 11 may be
adjusted by City when observation of the use of spaces indicates Mack's parkers
are us i ng more spaces than Mack owns and/or has contracted for from City.
Section 4: COMPUTATION OF MACK'S SHARE OF GENERAL MAINTENANCE AND
OPERATION COST: Mack agrees to pay to City fifty percent (50%) of the annual
maintenance and operation cost of the said parking facility or all of the parking
fees collected for Mack1s parking, whichever is less.
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To pr -perly compute Mack's share of the cost of operation and maintenance
of the parking facility, City and Mack agree the value of a parking space shall
be computed as follows:
a) for the first year of this agreement the value shall be Thirty Five
Dollars ($35.00) per month;
b) in subsequent years the value shall be mutually established by City
and Mack.
In the event Mack provides parking to its tenants at a discounted rate
the above rates shall apply for the purposes of establishing Mack1s share of the
cost of operation and maintenance. As a result of discounted rates, Mack shall
pay to City the difference between the amount collected and the amount which
would have been received by City had the full value of the parking space been
charged.
In accordance with the terms of the Development Agreement between the City
of Clearwater, the Clearwater Redevelopment Agency and J.K. Financia 1 Corp.
(Mack's predecessor in interest), Mack is entitled to forty-eight (48) parking
spaces in City's portion of the parking garage. The said development agreement
contains a fifteen (15) year option for leasing these spaces for a period of one
(1) year at an annual rental rate equal to seventy-five percent (75%) of twelve
(12) times the monthly rental to be charged by Mack1s predecessor in interest
for reserved' parking spaces in its portion of the parking facility.
Mack and City agree that the va lue of a park ing space as described in
Section 4a and 4b shall be the basis for computation of the seventy-five percent
(75%) rate in the event that Mack provides these spaces to its tenants at a
discounted rate.
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Section 5: ADMINISTRATIVE COST. Mack shall be assessed ten percent (10%)
of its share of the general maintenance and operation cost for administrative
costs.
Section 6: MACK'S PAYMENT OF PROPORTIONATE SHARE OF COSTS. City will
provide monthly statements, including copies of all invoices, of all the
computations shown in Section 4 and Mack will remit its proportionate share
within thirty (30) days of receipt of statement.
Section 7: SECURITY GUARD SERVICE: City will provide security service
for the portion of the garage under its control and Mack will provide security
service for the portion under its control as deemed necessary, each at its own
expense.
Section 8: INSURANCE. City is a self-insured Florida municipal
corporation whose liability is limited as provided fo~ in Section 768.28. City
covenants and agrees to indemnify, defend and hold harmless Mack from and against
claims of injury to persons or property resulting from the negligence of City
or that of its agents or employees with respect to that portion of the parking
facility owned by CRA to the extent of the limits set forth in Section 768.28,
Florida Statutes, and Mack covenants and agrees to indemnify, defend and hold
harmless City and CRA from and against claims of injury to persons or property
resulting from the negligence of Mack or that of its agents or employees with
respect to that portion of the parking facility owned by Mack.
Section 9: TAXES. Mack covenants and agrees to pay directly
to the State of Florida all sales or use taxes required to be paid on the rentals
received by Mack for use of it~ parking spaces.
Mack further agrees to pay a 11 ad va lorem taxes and other assessments
against the portion of the parking facility which is owned by Mack.
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Section 10. OTHER COST AND EXPENSES. Mack shall be totally responsible
for the cost incurred for the maintenance, repair or replacement of the Parking
Facility not covered in the General Maintenance and Operation Cost on its portion
of the garage.
Section 11. GENERAl. (a) City agrees that Mack may audit and/or
inspect any and all procedures used by City and/or its agents relative to
computation of the operating expenses of the garage, providing that such auditing
and inspection is done at such time and in such manner that no City employee is
delayed or hindered in the performance of his or her duties.
(b) This Agreement shall remain in full force and effect until cancelled
by the mutual written consent of the parties hereto or until cancelled by either
City or Mack at any time by giving written notice of such cancellation to the
other party at least ninety (90) days prior to the date-of cancellation specified
1n such notice.
(c) Mack shall not assign this Agreement or any of its rights or
obligations hereunder without the express written consent of City and CRA which
consent shall not be unreasonably withheld.
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IN WITNESS WHEREOF the parties hereto have executed these presents as of
the day and year first above written.
7PJ;ed:
Rita Garvey
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
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By:
Ron H. Rabun
City Manager
Approved as to form
and correctne s:
Attest:
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M. A. Galbraith,
City Attorney
Sign~and sealed and delivered
,.i,}l,, ',,% the ~resenc~ / /1//
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MACK CLEARWAT~FC~-Ijr.I~Sa--PARTNERSHIP
BY: ~~.~
its Managing Partner
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EXHIBIT "A"
That certain piece, parcel or tract of land, situate, lying and being in the
County of Pinellas, State of Florida, more particularly bounded and described
as follows:
All that volume of air space consisting of that portion
of Lots 1,2,3,12,13, and 14 in Block 6 of MAGNOLIA PARK,
according to the plat thereof recorded in Plat Book 1,
page 70, of the Public Records of Hillsborough County,
of which Pinellas County was formerly a part, together
with the former right-of-way of the Atlantic Coast Line
Railroad adjoining said Block on the West, lying between
a plane at approximately elevation 47.5 and a plane at
approximately elevation 67.5 U.S. Coast & Geodetic
Survey datum, together with easements as required for
supporting structures and ingress and egress.
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