ATTACHMENT 1 – 1
PARKING PERMIT AGREEMENT
THIS PARKING PERMIT AGREEMENT (“Agreement”) by and between the City of Burbank, California (“City”), a public entity, and The Boys & Girls Club of Burbank and the Greater East Valley, Inc., a California nonprofit corporation (“BGC”), is entered into on the ___ day of June, 2025, on the following terms and conditions. The parties are individually referred to herein as a “Party,” and collectively as the “Parties.”
RECITALS
A. BGC manages and operates a non-profit organization that provides after- school services for Burbank youth.
B. BGC provides after-school services at its main office at 300 E. Angeleno Avenue in Burbank. During the summer months when school is not in session, BGC provides expanded, all-day youth programs that require additional staffing. BGC’s property has insufficient on-site parking to accommodate the personal vehicles of the expanded staff.
C. Nearby public parking in Downtown Burbank is time limited, but the City sells daily and monthly non-exclusive parking passes to exceed the time limits. The City also leases parking spaces for exclusive use at an increased cost. BGC purchases monthly non-exclusive parking permits for school-year programs, but is unable to afford parking permits for the expanded staff needed to support summer programs.
D. Because the BGC provides needed youth programming and services to the Burbank community, and BGC has limited funding to provide these services, it is in the interest of the City to support BGC’s mission to provide youth services by offering monthly non-exclusive parking permits to BGC for its expanded staff at a reduced cost for the limited summer duration to support BGC’s continuation of its summer youth programs which benefit the Burbank community.
E. The City owns a public parking structure located immediately across the street from BGC’s property at 301 E. Angeleno Avenue in Burbank (“Parking Structure”), which is maintained and operated in cooperation with the Parking Authority of the City of Burbank (“Authority”). The Parking Structure provides public parking to visitors of Downtown Burbank as well as employees of adjacent businesses. The Parking Structure is utilized less than other parking areas in Downtown Burbank and has sufficient parking to accommodate BGC’s staff.
F. The Parties now desire to enter into this Agreement to establish the terms under which BGC may temporarily utilize the Parking Structure for its ATTACHMENT 1 – 2
expanded summer staff by obtaining non-exclusive parking permits at a discounted cost.
AGREEMENT
1. Allocation of Parking Permits. Subject to the conditions and limitations set forth in this Agreement, City hereby agrees to provide BGC up to 45 parking permits (“Parking Permits”) for non-exclusive use of spaces in the Parking Structure. BGC will assign the Parking Permits to its summer employees, and such employees may park in the Parking Structure all day in spaces located on the third floor, where signs indicate “Except by Permit.” Parking shall not be allowed in spaces identified for jury parking, court parking, or reserved for another business. BGC and all users of such Parking Permits shall comply with all applicable rules, regulations, laws, or other conditions governing use by the public and by permit holders in the Parking Structure.
2. Term. The Term of this Agreement shall commence on June 6, 2025 (“Commencement Date”) and end on July 31, 2025 (“Termination Date”). The Parking Permits shall be valid for the entirety of the Term, and shall automatically terminate on the expiration or earlier termination of this Agreement.
3. Fee. The total fee payable to the City by BGC for issuance of the Parking Permits hereunder shall not exceed $3,618.00 (“Permit Fee”). The total Permit Fee shall be paid in advance to the City, without deduction or offset except as otherwise provided herein in lawful money of the United States of America at the City of Burbank Community Development Department office, P.O. Box 6459, Burbank, California 91510- 6459, or to such other person or at such other place as the City’s Community Development Director may from time to time designate in writing. The Permit Fee represents the monthly rate for 45 business parking permits for a two-month period, with a 40 percent discount from the normal market rate established in the Burbank Fee Schedule. The discounted rate is offered for the reasons specified in the Recitals. If BGC purchases daily or monthly business parking permits for any of its 45 summer employees prior to the Commencement Date for the period between May 28, 2025 and the Commencement Date, the cost of those permits shall be deducted from the Permit Fee. BGC shall not be required to purchase all 45 permits for both June and July should all of their employees not need the full 45 permit allotment allowed by this Agreement.
4. Restrictions as to Use of Spaces. BGC’s use of permit parking spaces in the Parking Structure is limited by the conditions set forth in this Section 4.
4.1 Cooperation. BGC agrees not to overburden, cause any improvements to or damage the Parking Structure and agrees to fully cooperate with the City in the use of the Parking Structure. BGC’s failure to comply with the provisions of this section, or BGC’s failure to enforce the provisions of this Agreement as to its employees shall be a material default under this Agreement.
4.2 Users of Parking Structure. Unless otherwise permitted by this ATTACHMENT 1 – 3
Agreement, only employees or full time contracted staff of BGC may use the Parking Permits allocated pursuant to the terms of this Agreement. The Parking Permits are non-transferable, and BGC remains responsible to enforce any requirements of this Agreement as to its employees or contractors who may use the Parking Permits, including the Terms and Conditions listed on Attachment A of this Agreement.
4.3 Removal of Inoperable Vehicles. Any vehicle owned or operated by BGC or its staff which has become disabled for any reason shall be promptly removed from the Parking Structure and taken to an appropriate service or storage facility.
Disabled vehicles shall not be parked or stored in the Parking Structure.
5. Assignment. The quality and identity of BGC and its work in furtherance of supporting local summer youth programs are of particular interest and concern to the City. It is because of that quality and identity that the City has entered into this Agreement with BGC. Therefore, unless otherwise permitted by this Agreement, BGC shall not assign or transfer its rights under this Agreement to any other entity without express written authorization from the City Council.
6. Allocation Not a Lease. The parties agree this Agreement merely grants BGC the right to use permit parking spaces in the Parking Structure, and does not grant BGC, or its assignees or employees, a leasehold interest in any of the Parking Structure.
7. Non-Liability of City. The City shall not be obligated to provide any security for the Parking Structure. The City and the Authority shall not be liable for any loss, damage or injury of any kind whatsoever, or any claim thereof, to the property of BGC, its successors, assignees, agents, representatives, officers, employees, or arising from or due to any act or omission of BGC or any of its employees using the Parking Structure. BGC, as a material part of the consideration for this Agreement, hereby waives all claims and demands against the City and the Authority, and hereby covenants and agrees to indemnify and save the City and the Authority free and harmless from liability for all claims and demands by its assignees, employees, agents for any and all such losses, damages and injuries, together with all costs and expenses arising therefrom and in connection therewith, except when such losses, damages, and injuries are due to the City’s or Authority’s negligence or intentional misconduct. BGC expressly waives the benefits of Civil Code §1542, which provides as follows:
"A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
8. Indemnification. BGC agrees to defend, indemnify and hold the City and the Authority, and their elected and appointed officials, agents and employees, free and harmless from every claim, demand, damage or action, and any cost or expense in connection therewith, that may arise in any manner out of the use of Parking Structure ATTACHMENT 1 – 4
by BGC and its authorized users, excluding any third party claims, demands, damages or actions except those arising solely out of the intentional misconduct or gross negligence of City or the Authority or its officers, agents and or employees.
9. Default; Right to Cure. Failure or delay by either Party to perform any term or provision of this Agreement constitutes a default under this Agreement. The Party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default.
The non-defaulting party shall give written notice of default to the party in default specifying the default complained of by the non-defaulting party. Unless specifically stated otherwise, the non-defaulting party may not institute proceedings against the party in default until thirty (30) days after giving such notice. Failure or delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default.
Except as otherwise expressly provided in this Agreement, any failure or delay by either party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
10. Termination and Expiration. Either Party may terminate this Agreement by giving notice to the other Party at least thirty (30) days prior to the date when such termination shall become effective. The City may immediately terminate this Agreement upon a material breach of BGC. In the event any individual user of a Parking Permit creates a public nuisance or otherwise violates the terms of this Agreement, or otherwise poses a danger or threat to the public, City shall notify BGC which shall have twenty-four hours to cure the violation or nuisance. Should the problem fail to be cured within that period, BGC shall terminate that individual's right to use the Parking Structure.
10.1 Effect of Termination on Permit Parking. In the event that this Agreement is terminated, the Parking Permits under the terms hereof shall become invalid and no longer be of any effect. To the fullest extent practicable, BGC shall retrieve all Parking Permits issued pursuant to this Agreement and return them immediately to the City. BGC shall work with the City to make a proper accounting of all Parking Permits issued pursuant to this Agreement.
10.2 Removal of Personal Property. Upon the expiration of the Term of this Agreement, or upon earlier termination, BGC shall remove all personal property, if any, located in the Parking Structure.
11. Subordination. Unless stated otherwise, this Agreement is and shall always be automatically subordinate to any Mortgage or deed of trust which is now or ATTACHMENT 1 – 5
shall at any time be placed upon the Parking Structure, and to any present lease. The Parties agree this Agreement is not an agreement affecting real property and grants no real property interest in the Parking Structure to BGC. BGC agrees to execute and deliver, without cost to City any instrument requested by City or any title company to evidence the subordination of this Agreement to any such mortgage or deed of trust.
12. Miscellaneous.
12 .1. Severability. It is agreed that if any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of this Agreement and any and all other such provisions shall remain in full force and effect and it is the intention of the parties hereto that all provisions of this Agreement shall be construed in favor of their validity.
12.2 Captions. Paragraph captions or titles of this Agreement are for convenience only and in no way limit or amplify the terms, covenants and conditions of this Agreement and shall have no effect upon the construction or interpretation of any part hereof.
12.3. Notices. All notices herein provided to be given, or which may be given, be either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail certified and postage prepaid, and addressed as follows:
To BGC:
Boys & Girls Club of Burbank and Greater East Valley
300 E. Angeleno Avenue, Burbank CA 91502
Attn: Shanna Warren, Chief Executive Officer
Email: [email protected]
Phone: (818) 842-9333
To City:
City of Burbank Community Development Dept.
P.O. Box 6459
Burbank, California 91510-6459
Attn: Patrick Prescott, Community Development Director
Email: [email protected]
Phone: (818) 238-5176
Nothing herein contained shall preclude the giving of any such written notice by personal service or fax.
12.4 Entire Agreement. This Agreement contains the entire ATTACHMENT 1 – 6
understanding between the parties relating to the transaction stated herein, notwithstanding any previous negotiations or agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. Each party is entering this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
13. Authorization. Each of the parties hereto covenants and warrants that its execution of this Agreement has been fully authorized.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the date written above:
“ City”
The City of Burbank
________________________________________
Patrick Prescott, Community Development Director
Attest:
__________________________________
Kimberley Clark, City Clerk
Approved as to Form
City Attorney’s Office
By:________________________________
Lisa Kurihara, Sr. Asst. City Attorney
“ BGC”
The Boys & Girls Club of Burbank and the
Greater East Valley, Inc.
By: ______________________________
Name: ____________________________
Title: _____________________________
ATTACHMENT 1 – 7
Attachment A: Terms and Conditions
1. Permits are only valid Monday–Friday, 8AM to 6PM for the month shown on the permit.
2. Permit shall be prominently displayed from the vehicle’s rear view mirror when parked in a permit parking space during the posted hours.
3. BGC is responsible for all permits issued under this Agreement. Damaged, lost or stolen permits will be deemed invalid, and any illegal usage may be cited in violation of the posted restriction.
4. It is unlawful to sell, rent or lease any permit, or cause the same for any value or consideration.
5. All other applicable parking restrictions, such as street sweeping and no parking zones must be followed.
6. Vehicles without permits or displaying invalid permits will be cited in violation of the posted restriction. Permits may be revoked if BGC or its authorized users fail to comply with the requirements in this Agreement.
7. BGC agrees to comply with any and all requirements related to monthly parking permits as set forth by the City, including any changes approved subsequent to the issuance of any permit.