Item No. 15.
TO: HONORABLE MAYOR AND MEMBERS OFTHE CITY COUNCIL
FROM: OFFICE OFTHE CITY MANAGER
BY: ERIK RODFdG0EZ,MANAGEMENT ANALYST
APPROVAL @FA SERVICES AND LICENSE AGREEMENT BY AND BETWEEN THE CITY SUBJECT. OFDOVVNEY, HER0rTAGEHOLDINGS, 8NC-,0BA SUPREME PARKING SERVICES, AND
THE DOWNTOWN DOWNEY IMPROVEMENT ASSOCIATION FOR DOWNTOWN VALET
EXECUTIVE SUMMARY
The City Council will consider approvingaLicense Agreement between the City ofDowney and HorhtaooHoldings Inc., dbm Supreme Parking Senvice, for a one -your term for valet parking services in OovvnLovvn Oovvney. If approved' Supreme Parking Service will provide valet service on Frideys. Saturdays, and Sundays from 5:00 p.m. to 3:00 a.m., in the Downtown area. Supreme Parking Service desires the use of the Downtown Downey Parking Structure along with the first five (5) parking stalls located directly in -front of the former Bastards Canteen and Peeking China restaurants (on Downey Ave, closest to 2nd Street). The proposed service would utilize the top floor of the City's downtown parking structure to store the parked vehicles.
RECOMMENDATION
That the City Council:
1. Approve the services and license agreement by and between the City of Downey, Herittage Holdings, Inc., D0ASupname Parking Services, and the Downtown Downey Improvement Association for Downtown valet parking for a one-year term; and,
2.Authorize the City Manager, orhis designee, 0oexecute the agreement.
BACKGROUND
The Chv's Downtown area continues to be a thriving destnmdon, offering m diverse selection of dining and enterkanrnent, community events, arts and oukuve, and family -friendly spaces that attracts not only locals, but many other visitors from throughout the region. Given the amount of people that visit Downtown Downey, particularly onthe weekends, the Downtown Downey Improvement Oistriot/DD|/0 had initiated aoonversa1inn regarding incorporating valet parking services in the Downtown due to the many potential benefits to both customers and businesses, including:
° Providing greater convenience and accessibility for customers who visit Downtown; ° Improving customer experience and retention that can lead to repeat business; ° Alleviating parking congestion inthe area;
• Providing a greater sense of safety and security for vehicle parking.
Supreme Parking Service (SPS), a valet operating company, submitted a proposal to the City to provide valet parking services for the Downtown area. SPS has over 20 years of experience in providing valet parking services to agencies such as hotels, restaurants, and shopping centers. Most recently, it provided service in the City of Whittier's Uptown area. On September 9, 2025 the City Council approved a Pilot Valet Parking Services Program in Downtown Downey with Supreme Parking Service. The purpose of the pilot program was to introduce and evaluate valet parking services in Downtown for a period of six (6) months. In late March 2026 Supreme Parking Service approached the City and the DDIA after their 6 month pilot program was completed to discuss a one-year term for FY 2026-27. Since March, staff had communicated with the DDIA and businesses to ensure there were no issues during the pilot valet program. Additionally, staff was reviewing any potential holiday/event date conflicts that would require street closures and impact valet services.
ANALYSIS
Supreme Parking Service is proposing to provide valet service on Fridays, Saturdays, and Sundays from 5:00 p.m. to 3:00 a.m.
The following is a summary of services that will be provided by Supreme Parking Service. These services remain the same as proposed during the pilot program with the exception of an additional day of valet services. Previously, Supreme Parking Service provided valet services on just Saturdays and Sundays from 5:00 p.m. to 3:00 a.m.. It will now also provide services on Friday's from 5:00 p.m. to 3:00 a.m.
Vehicle Drop-off and Pick-up Area - Downey Avenue
SPS is proposing to provide valet service on Fridays, Saturdays, and Sundays from 5:00 p.m. to 3:00 a.m. For its staging area, SPS will be using the first five (5) parking stalls located directly in -front of 11045 Downey Avenue and 11039 Downey Avenue closest to 2nd Street. These parking stalls will serve as a temporary holding lane for valet vehicle processing and be the central vehicle drop-off and pick-up area for customers using valet service. SPS will be responsible for placing (and removing) "No Parking" signs 72 hours before for the five (5) parking stalls. SPS will also ensure this area is properly blocked off during valet service hours and will have designated valet staff directing traffic in and out of the drop-off/pick-up area.
The use of the five (5) parking spots was approved by the property owner as they felt a valet parking program is needed for the area.
Valet Parking Fee
SPS is proposing to charge $20 per vehicle, with an early bird discount of $10 between the hours of 5:00 p.m. - 8:00 p.m. on Friday, Saturday, and Sunday.
License Fee
SPS will provide the sum of $1,000 to the DDIA per month for the use of the Downtown Parking Structure for the purpose of Downtown Downey revitalization efforts.
As stated in the attached license agreement, there is a 45-day review period in which the City and SIPS will evaluate any safety and traffic concerns that may arise. If any concerns identified before or within the 45-day period, SIPS agrees to work with the City to immediately make any modifications to its operations.
CITY COUNCIL PRIORITIES
Fiscal Responsibility
Economic Vibrancy
Efficiency &Adaptability
Quality ofLife, Safetv6l Infrastructure
FISCAL IMPACT
Approval of the recommended action will result in approximately $12,000 in revenues that the City will pass through to the DDIA. During the 2026-2027 Fiscal Year.
Attachments
Docusign Envelope ID: 36B5F11A-577C-8495-8OF7-276CB4A3626F
SERVICES AND LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF DOWNEY HERITTAGE HOLDINGS INC. dba SUPREME PARKING
SERVICES AND THE DOWNTOWN DOWNEY IMPROVEMENT ASSOCIATION
FOR DOWNTOWN VALET PARKING
This SERVICES AND LICENSE AGREEMENT ("Agreement") is made and entered into on July 28, 2026 ("Effective Date"), by and among the CITY OF DOWNEY ("City"), a municipal corporation and charter city, HERITTAGE HOLDINGS, INC., a California corporation doing business as SUPREME PARKING SERVICES ("Licensee"), and the DOWNTOWN DOWNEY IMPROVEMENT ASSOCIATION ("DDIA"), a California nonprofit public benefit corporation.
All parties may be referred to herein collectively as "Parties" and individually as "Party".
RECITALS
WHEREAS, City is the owner of that real property located in the City of Downey, County of Los Angeles, California, more specifically identified as Downtown Public Parking Structure (AIN 6254-008-901), and certain nearby public right-of-way, all as described on Exhibit A ("Property"); and
WHEREAS, following a pilot program whereby it provided similar services, Licensee desires the use of and access to a portion of the property for the purpose of providing a valet parking service for the Downtown Downey area, as depicted on Exhibit B ("License Area"). City desires to allow Licensee the use of and access to the property at prescribed times for this purpose alone, as further described in Exhibit C ("Permitted Uses"); and WHEREAS, Licensee is a professional valet parking company with over forty years of cumulative management experience in parking service; and WHEREAS, Licensee will provide the sum of ONE THOUSAND DOLLARS ($1,000) to the DDIA per month as provided below, for the public purpose of Downtown Downey revitalization efforts. Downtown revitalization is a public purpose and will provide a variety of public benefits. These benefits include using the revenues to support efforts to attract businesses to Downtown Downey, provide more activities free or at low cost to the public in Downtown Downey, and revitalization and beautification of the downtown area. The DDIA is well -suited to accomplishing the objectives of downtown revitalization, and the monthly sum from Licensee will be provided to the DDIA as part of this Agreement.
In consideration of the foregoing recitals, the mutual understandings contained in this Agreement, and other good, valuable and sufficient consideration, the Parties hereto agree as follows:
1. GRANT OF EXCLUSIVE LICENSE
1.1 Grant of Exclusive License. The City hereby grants to Licensee an exclusive license for the right to enter and use the License Area beginning on the Effective Date, for the
Docusign Envelope ID: 36B5F11A-B77C-8495-8GF7-276CB4A3626F Permitted Uses described in Exhibit C, upon the terms and conditions set forth herein ("License"), subject to Licensee's performance of all of its obligations under this Agreement.
1.2 License Agreement Only. This Agreement is intended and shall be construed only as a revocable license to use the License Area and not as a lease or grant of any possessory or other interest.
1.3 Restrictions on Use of Properly. Licensee shall not use, and shall prohibit its Agents or Invitees from using, the License Area other than for the Permitted Uses. The term "Agents" shall mean Licensee's officers, directors, members, agents, employees, invitees, contractors, subcontractors, and any employees of such parties. The term "Invitees" shall mean Licensee's invitees, guests, customers, or business visitors.
2. LICENSE FEE AND TERM
2.1 License Fee. As consideration for its use of the Property, and the community benefits to the City resulting from the Agreement as described above, Licensee agrees to pay to the DDIA $1,000.00 per month for the term of this Agreement. License fees for any partial month shall be pro -rated. Payment shall be made payable to the DDIA, in advance for each month, no later than the I Oth of the prior month, at the following address: 8255 Firestone Blvd., Suite 308, Downey, CA 90241. A late charge often percent (101/4) shall be applied to any payment hereunder due but unpaid after the 1 Oth of the month.
2.2 Use of License Fees by DDIA. DDIA may only use the funds provided by Licensee under this Agreement for Downtown Downey Community Benefit District revitalization efforts including administrative expenses and for special benefit services in accordance with the Management and Disbursement Agreement, incorporated herein by reference. DDIA shall treat all funds provided to it by the Licensee under this Agreement in the same manner as "District Revenues," as defined in Section 2 of the Management and Disbursement Agreement.
2.3 Term and Revocation of License. The term of this Agreement shall commence on the Effective Date and continue through June 30, 2027. City may revoke this License at any time by providing ten (10) days' written notice to Licensee. Subject to City's sole consent, Licensee shall have the option to extend this License upon the same covenants and conditions for an additional six (6) months upon serving written notice to City not less than sixty (60) days prior to the date of expiration of this License provided that Licensee is not in default of any provision of this License. City reserves the right to increase the license fee and/or impose any additional terms to this License as a condition of any extension periods exercised by the Licensee under this section.
3. WARRANTIES AND ASSIGNMENT
3.1 AS -IS Condition. City makes no representation or warranty of any kind as to the condition of the License Area or any other matter relating to Licensee's use of the License Area.
Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of Licensee's own investigation of the condition of
Docusign Envelope ID: 36B5F1 1 A-B77C-8495-8OF7-276CB4A3626F the License Area. The license to use the License Area is granted on an "AS -IS" "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of the License Area shall be subject to the License Area being in a usable and safe condition at the time of Licensee's use, and Licensee shall be solely responsible for determining whether the License Area is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged or obstructed, or the use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe.
3.2 No Assignment or Sublicense. The permission, rights and privileges granted under this Agreement are nonexclusive and nontransferable. Licensee shall not, either voluntarily or by operation of law, assign, transfer, mortgage or encumber this License or any obligation, right, title or interest assumed by Licensee herein, without the prior written consent of the City, which may be withheld at the sole discretion of the City. Licensee shall not sublicense, or permit, or suffer the License Area or any part thereof to be used or occupied by others. If Licensee attempts an assignment or transfer of this License or any obligation, right, title or interest herein, City may at its option, immediately terminate the License and shall thereupon be relieved from any and all obligations to Licensee or to its attempted assignee or transferee.
4. INDEMNITY AND INSURANCE
4.1 Indemnification. Licensee shall indemnify, defend, and hold harmless City, and its respective agents, officers, representatives, employees, subsidiaries and affiliates, and the DDIA ("Covered Parties") from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Licensee's use of the License Area, the entry by any Licensee Party on any portion of the License Area or surrounding property or Facilities, or Licensee's breach or default in the performance of any of its obligations under this Agreement. If any action or proceeding is brought against any Covered Party by reason of any such claim, Licensee, upon receipt of written notice from Covered Party, shall defend the same at Licensee's sole expense with legal counsel acceptable to Covered Party. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend. The provisions of this Section 4.1 shall survive the termination or expiration of this Agreement.
4.2 Insurance Requirements.
4.2.1 Licensee shall maintain commercial general liability insurance which shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Licensee's use of the Property, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $2,000,000 per occurrence and $5,000,000 in the aggregate. Such
Docusign Envelope ID: 3685F11A-677C-8495-80F7-276CB4A3626F insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions.
4.2.2 Licensee shall maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $5,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles.
4.2.3 Pursuant to state law, Licensee is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of services under this Agreement, Licensee agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident.
4.2.4 Licensee shall procure and maintain throughout the term of this Agreement and any extensions thereof, Garagekeepers Legal Liability Insurance covering Licensee's liability for damage to customer's vehicles while in Licensee's care, custody, or control. Such insurance shall include coverage for perils such as fire, explosion, theft, riot, civil commotion, vandalism, malicious mischief, and collision. The Garagekeepers Legal Liability Insurance shall be maintained with limits not less than $1,000,000.00 per occurrence, covering the replacement value of vehicles in Licensee's care, custody, or control. The Licensee shall provide evidence of such insurance, including the limits of liability, by furnishing a Certificate of Insurance to City prior to commencing any work under this Agreement. Customer shall be named as an additional insured on the Garagekeepers Legal Liability Insurance policy, and the policy shall include a waiver of subrogation in favor of City.
4.3. Certificates of Insurance; Additional Insured Endorsements. Prior to execution of this Agreement, Licensee shall furnish to City certificates of insurance and, if applicable, additional insured endorsements to each of Licensee's insurance policies, evidencing the foregoing insurance coverages as required by this Agreement. These certificates shall:
a. provide the name and policy number of each carrier and policy; b. shall state that the policy is currently in force; and C. shall promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without thirty (30) days prior written notice of City.
Licensee shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. City or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance, which Licensee shall provide within five (5) days of City's request.
5. OBLIGATIONS OF LICENSEE
5.1 Agreement to Protect and Maintain Property. Licensee, on behalf of its Agents and Invitees, agrees to take all prudent action to protect the License Area from any damage or
Docusign Envelope ID: 36B5F11A-B77C-8495-80F7-276CB4A3626F injury caused by the exercise of this License. Licensee shall immediately notify City of any damage or injury to the License Area caused by its use of the License Area.
5.2 City's Right of Suspension, Termination for Noncompliance. City reserves the right to suspend all activities or terminate this Agreement upon Licensee' non-compliance with any of the terms or conditions of this Agreement. Such suspension or termination shall be effective immediately.
5.3 Compliance with Laws; Re ug latoa Approvals. Licensee shall, at its sole expense, conduct and cause to be conducted all activities on the License Area in compliance with all laws, regulations, codes, ordinances and orders of any governmental or other regulatory entity, and whether or not in the contemplation of the parties.
5.4 Approvals and. Permits. Licensee shall be responsible for obtaining all approvals, licenses, permits and permissions of Federal, State and local authorities, which may be necessary to implement Licensee's activities in and on the License Area. Licensee agrees and acknowledges that nothing herein is intended, nor shall it be interpreted, to bind the City to issue or grant any permits or entitlements needed to perform any work or improvements specified in this Agreement.
5.5 Environmental Compliance. Licensee shall not permit any dangerous condition or waste to be created on the Property. Licensee shall at all times be in compliance with all federal, state and local statutory and regulatory requirements, including but not limited to the US EPA, Cal EPA, State Water Resources Control Board, Department of Toxic Substances Control and South Coast Air Quality Management District, as applicable.
5.6 Improvements. Licensee shall not install or make any improvements to the Property or License Area, except as provided herein, without the written approval of the City.
The Licensee agrees that prior to commencing any approved improvements, it will obtain plan approval from the City's Planning and Building Agency, and that it will obtain all required permits and inspections. Licensee shall be solely responsible for all costs of the installation, operation, maintenance, repair and removal of any approved improvements on the License Area.
5.7 Maintenance. Licensee shall maintain the License Area in a neat, clean, sanitary and safe condition, to the satisfaction of the City, at the sole cost and expense of the Licensee.
The License Area shall be maintained in a manner consistent with this Agreement, the Downey Municipal Code, and all other applicable local, state and federal rules, regulations and standards.
5.8 No Liens. Licensee shall not permit any mechanics', materialmen's or other liens of any kind or nature ("Liens") to be Bled or enforced against the License Area in connection with this Agreement. Licensee shall indemnify, defend and hold harmless City from all liability for any and all liens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising from any Liens. City reserves the right, at its sole cost and expense, at any time and from time to time, to post and maintain on the License Area, or any portion thereof, or on the improvements on the License Area, any notices of non -responsibility or other notice as may be desirable to protect City against liability. In addition to, and not as a limitation of City's other rights and remedies under this Agreement, should Licensee fail, within ten (10) days of
Docusign Envelope ID: 36B5F11A-B77C-8485-8DF7-276CB4A3626F written request from City, either to discharge any Lien or to bond for any Lien, or to defend, indemnify and hold harmless City from and against any loss, damage, injury, liability or claim arising out of a Lien, then City, at its option, may elect to pay such Lien, or settle or discharge such Lien and any action or judgment related thereto and all costs, expenses and attorneys' fees incurred in doing so shall be paid to City, as applicable, by Licensee upon written demand.
5.9 No Reimbursement or Repayment. Licensee shall not have any interest in the License Area other than those granted herein or be entitled to any reimbursement or repayment for any work performed upon the License Area pursuant to this Agreement. City shall not be held responsible for loss of or damage to, any personal property left on the License Area, or improvements made by Licensee on the License Area.
5.10 No Recording. Licensee shall not record or attempt to record this Agreement. Any attempt by Licensee to record this Agreement shall automatically terminate this License Agreement and render this License void and invalid for all purposes_
5.11 Restoration and Clean Up. At its sole cost, Licensee shall, at the expiration or earlier termination of this Agreement, restore the License Area to its original condition in which it existed immediately prior to the Agreement, leave the License Area in a neat and clean condition to the sole satisfaction of City, free of trash and debris, and remove all property and materials of Licensee.
5.12 Possessory Interest. Licensee hereby recognizes and understands that this License Agreement may create a possessory interest subject to property taxation and that Licensee may be subject to the payment of property taxes levied on such interest. Any such imposition of a possessory interest tax shall be a tax liability of Licensee solely, and shall be paid for by the Licensee; and any such tax payment shall not reduce any payments due to City hereunder. In addition, Licensee shall pay any personal property taxes that may become due for equipment fixtures, inventory, or other personal property installed, maintained or present on the License Area.
5.13 Review Period. Licensees's activities under this License shall be subject to review by the City within 45 days of the effective date of this License, including without limitation traffic impacts or any other safety concerns. If Licensee's operations are found in the City's sole discretion to require modification as a result, Licensee agrees to make such modifications at its sole expense. City reserves the right to conduct this type of review at periodic intervals or whenever reasonably necessary, and Licensee agrees to make any necessary changes to its operations as a result during the term of this License. Notwithstanding the foregoing, if any safety concerns are identified by the City in its sole discretion within 45 days of the effective date of this License, Licensee agrees to immediately modify its operations at its sole expense and in a sufficient manner.
5.14 Background Checks for Employees. Licensee represents and warrants that it has conducted, or engaged an independent entity to conduct, a background check of all employees, agents, independent contractors, volunteers, or other individuals who are performing services under this Agreement. The background check shall include at a minimum a state and county criminal history investigation where such individual resides and a search of the national and
Docusign Envelope ID: 36B5Fl lA-B77C-8495-8OF7-276CB4A3626F California state sex offender registries. Proof of the background check required under this section shall be provided to City upon request. To the extent permitted by applicable state and federal law, Licensee shall not permit individuals with a criminal history to perform services under this Agreement.
6. MISCELLANEOUS TERMS
6.1 Notices. Demands and Communications between the Parties.
6.1.1 Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
TO LICENSEE:
Herittage Holdings, Inc. dba
Supreme Parking Service
3680 Wilshire Blvd, Suite TI 1
Los Angeles, CA 90001
Attn: ItzeI Soria
To DDIA:
8255 Firestone Blvd., Suite 308
Downey, CA 90241
Attn: Hans K. Fritz
TO CITY:
City of Downey
11 111 Brookshire Avenue
Downey, CA 90241
Attn: City Manager
City of Downey
Attn: City Attorney
[same address as above]
6.1.2 A party may change its address by giving notice in writing to the other party.
Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
6.2 Amendment. This Agreement may be amended only by the mutual consent of the Parties by an instrument in writing signed by both Parties.
6.3 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.
6.4 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
Docusign Envelope 1D: 36B5F1 1 A-B77C-8495-80F7-276CMA3626F
6.5 Time of the Essence. For each provision of this Agreement which states a specific amount of time within which the requirements thereof are to be satisfied, time shall be deemed of the essence.
6.6 Governing Law and Venue. This Agreement shall be governed by the laws of the State of California without regard to conflicts of laws principles. Any litigation or other legal proceedings that arise under or in connection with this Agreement shall be conducted in a federal or state court located within Los Angeles County, California. The Parties consent to the personal jurisdiction and venue in federal or state court located within Los Angeles County and hereby waive any defenses or objections thereto, including defenses based on the doctrine of forum non conveniens.
6.7 Litigation Expenses. If either party to this Agreement commences an action against the other party to this Agreement arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing party.
6.8 References, Captions. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays, except as otherwise specified in this Agreement. All references to City include all officials, officers, employees, personnel, and agents of City, except as otherwise specified in this Agreement. All references to Licensee include its officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors, except as otherwise specified in this Agreement. The captions of the various articles and paragraphs in this Agreement are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 69 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Either Parties' consent or approval of any act by the other Party requiring its consent or approval shall not be deemed to waive or render unnecessary its consent to or approval of any subsequent act of the other Party. Any waiver by either Parry of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
6.10 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Parry of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Parry. All warranties and promises to defend and indemnify shall survive the termination, abandonment, or completion of this Agreement.
6.11 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder.
Doousign Envelope ID: 36B5F11A-B77C-8495-8OF7-276CB4A3626F
6.12 Authorized R resentativ . The person or persons executing this Agreement on behalf of the Parties warrant anti represent that he/she has the authority to execute this Agreement on behalf of that Party and that he/she has the authority to bind that Party to the performance of its obligations hereunder.
6.13 Entire AgMement. This Agreement constitutes the entire and integrated agreement of the Parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral or written negotiations, representations or agreements.
IN WITNESS WHEREOF, the Parties hereto have signed this Agreement the day and year first above written.
Herittage Holdings, Inc. dba Supreme
Parking Service
By:
_ AL
Name:Itze ria
Title: CEO
Downtown Downey Improvement
Association
By:
Name: Jorge Villa
Title: President
City of Downey
By: Roger Bradley, City Manager
ATTEST:
Maria Alicia Duarte, CMC
City Clerk
APPROVED AS TO FORM:
Jo Funk, City Attorney _.
Docusign Envelope ID: 36B5F11A-B77C-8495-8OF7-276CB4A3626F
EXHIBIT A
PROPERTY DESCRIPTION
Valet Vehicle ParkinE.
Downtown Downey Public Parking Structure (Top Level only) Address: 8201 Second Street, Downey, CA 90241
Located at the corner of New Street and Second Street, in Downtown Downey AIN: 6254-008-901
Vehicle Drop-off and Pick-up Area - Downey Avenue
First five (5) parking stalls located directly in -front of the former Bastards American Canteen (11045 Downey Avenue) and Peking China restaurants (11039 Downey Avenue), on Downey Avenue, closest to Second Street.
Docusign Envelope ID: 36B5Fi1A-B77C-8495-8oF7-276C54A3626F
EXHIBIT B
LICENSE AREA
Docusign Envelope ID: 36B5F11A-B77C-8495-SOF7-276CB4A3626F
EXHIBIT C
PERMITTED USES
Vehicle Droo-off and Pick-up Area — Downev Avenue
Herittage Holdings, Inc., dba Supreme Parking Services (Licensee), will provide valet service on Fridays, Saturdays, and Sundays from 5:00 p.m. to 3:00 a.m. For its staging area, Licensee will use the first five (5) parking stalls located directly in -front of the former Bastards Canteen and Pelting China restaurants (on Downey Avenue, closest to 2nd Street). These parking stalls will serve as a temporary holding lane for valet vehicle processing and be the central vehicle drop-off and pick-up area for customers using valet service. Licensee will be responsible for placing (and removing)'No Parking" signs 72 hours before for the five (5) parking stalls. Licensee will also ensure this area is properly blocked off during valet service hours and will have designated valet staff directing traffic in and out of the drop-off/pick-up area.
Vehicle Parking - Downtown Downey Parking Structure
Additionally, Licensee will use the top level of the Downtown Downey Parking structure, located at the corner of 2nd Street and New Avenue, to park vehicles that utilize valet service.
During service hours, Licensee will have a parking attendant stationed at the top level for security purposes and will have staff responsible for closing off that area after hours to ensure there are no trespassers. Licensee shall be permitted to store its equipment (valet podium, key box, cones, or similar equipment) on the top-level at all times in between service days in its own secured storage bin, which will have its own security camera attached to it. The City shall not be responsible or liable for this equipment under any circumstances. Licensee shall have its storage camera operating 24 hours per day, seven days per week, and facing the entrance to the top level to help deter and discourage trespassers.
Licensee shall charge $20 per vehicle, with an early bird discount of $10 between the hours of 5:00 p.m. - 8:00 p.m. on Friday, Saturday and Sunday.