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Home My WebLink AboutBourbon Street Restaurant, LLC-Parking Ramp Use Agreement-07.13.2009 : r- )3'65 P069- PARKING RAMP USE AGREEMENT This Parking Ramp Use Agreement(the "Agreement") is entered into this day, y /3 , 2009, by and between the City of Waterloo, Iowa("City") and Bourbon Street Restaurant, L.L.C. d/b/a Roux Orleans Restaurant, Bourre Lounge, and Sky Event Centre ("Bourbon Street"). RECITALS A. Bourbon Street proposes to locate one or more restaurant and entertainment facilities (the"Project") in the structure located on the 500 block of Sycamore Street known as the Black's Building. The Project is expected to involve improvements with an approximate value of$1,000,000. B. By this Agreement, City and Bourbon Street desire to set forth the terms on which City will provide parking spaces to Bourbon Street in the Park Avenue parking ramp (the"Ramp") and otherwise cooperate with Bourbon Street on other matters relating to the Ramp. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Lease of Ramp Spaces. City agrees to lease to Bourbon Street a minimum of seventy(70) spaces on the top level of the Ramp. Bourbon Street is authorized to post signs that inform the public that the spaces are reserved for customers and employees of Bourbon Street. Bourbon Street shall have the right to tow vehicles that are parked in the spaces if the persons that parked the vehicles are not customers or employees of Bourbon Street. City will issue parking citations to persons confirmed to have parked in the reserved spaces without authorization. Bourbon Street shall pay to City the sum of$1.00 per space per month, based on the actual number of spaces leased to Bourbon Street. Payment will be remitted monthly as required by the City's invoice. City agrees that lease of spaces will be offered on the same terms to employees of other food, beverage and entertainment businesses in the downtown area if such businesses make an investment that satisfies the City's development criteria for the grant of parking incentives. Any business leasing space under the preferential pricing terms of this paragraph shall be responsible to provide to its participating employees a mirror hanger, window card, or other item in form and content acceptable to City so that vehicles of such employees may be identified as eligible for this program. Vehicles not showing approved indicia of participation will be subject to fines and/or towing. 2. Maintenance of Ramp. City agrees to maintain the Ramp in a condition of good repair, consistent with the maintenance standards prevailing in commercial parking areas. City will plow snow in accordance with its established policies setting snow removal priorities and will remove snow from the Ramp through an existing chute. 3. Ramp Security. City will provide basic private security for the Ramp on substantially the same terms as its private security contracts for other parking ramps in the downtown area. If Bourbon Street desires additional security, it may use its own personnel as private security for the Ramp, or it may contract with a private security firm, all at its sole cost and expense. 4. Term; Termination. The initial term of this Agreement shall commence on the date Bourbon Street opens for business and shall continue for a period of five years and fourteen days thereafter. Bourbon Street may terminate this Agreement at any time upon delivery of sixty (60) days' advance written notice to City. Upon City's request, Bourbon Street agrees to meet with City staff to discuss in any problems that may arise from or in connection with the uses and duties contemplated by this Agreement. If such problems are not resolved to the City's reasonable satisfaction within a reasonable period of time, City may terminate this Agreement upon delivery of sixty (60) days' advance written notice to Bourbon Street. Both parties agree to act in good faith to resolve any problems or issues that may arise. 5. Insurance. Bourbon Street will at its own cost and expense procure and maintain general liability insurance in the amount of not less than $1,000,000 per occurrence, covering the activities of Bourbon Street, its officers, employees, contractors and agents. Certificates or copies of said policies, naming the City as an additional insured, and providing for thirty (30) days' advance notice to the City before cancellation, shall be delivered to City before the commencement of the term specified in paragraph 4 above. A renewal certificate shall be provided to City prior to expiration of any policy. City may at its own expense procure and maintain additional insurance for its own benefit. 6. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Agreement, and to the extent not covered by insurance maintained by Bourbon Street, Bourbon Street agrees to indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, damages and/or liability arising from or in connection with the acts or omissions of Bourbon Street, its officers, employees, contractors or agents, in respect of their duties of performance hereunder. 7. No Partnership or Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor, except as set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 8. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by United States registered or certified mail, postage prepaid, or by facsimile, and addressed: a. if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Planner. 2 b. if to Bourbon Street, to Bourbon Street Restaurant, L.L.C. 900 Technology Parkway,Suite 101,Cedar Falls,Iowa, 50613,facsimile number 319-266-9944,Attention: Darin Beck. Delivery of notice shall be deemed to occur(i) on the date of delivery when delivered in person, (ii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iii) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful and mails a duplicate copy of the notice to the other party by first class United States mail at such party's address as set forth above. 9. Entire Agreement; Modification. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof. All exhibits hereto, if any, are hereby incorporated into and made a part of this Agreement. This Agreement may not be modified or amended except pursuant to a written instrument executed by both parties. 10. Severability. In the event any provision of this Agreement is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Agreement is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 11. Binding Effect. The provisions of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective personal representatives, successors, and assigns. 12. Headings and Captions. The title or captions of paragraphs in this Agreement are provided for convenience of reference only and shall not be considered a part hereof for purposes of interpreting or applying this Agreement, and such titles or captions do not define, limit, extend, explain, or describe the scope or extent of this Agreement or any of its terms or conditions. 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Parking Ramp Use Agreement by their duly authorized representatives as of the date first written above. 3 BOURBON STREET . CITY OF WATERLOO, IOWA F.STAURANT, L.L.0 Da ' . eck, ager Timothy J. u ey, Ma r Attest: �c Nancy ckert, Clerk 4