Travis County Commissioners Court
December 16, 2008
Items 8
Number 8 is to consider and take appropriate action regarding new license agreement between Travis County and ttla holdings for parking at 301 west 13th street.
>> roger khoury, we request approval of number 8 of a new two-year lease agreement with ttla holding for 20 parking spaces. The garage is a parking garage located at 301 west 13th street. On its the corner of -- lavaca and 13th street. On November 13, 2008, Commissioners court gave us the direction to go ahead and finalize a lease agreement with the landlord for a parking space for the first year for $100 per space, the second year for $106 per space, per month. And the term of the agreement will be from the date of approval by the Commissioners court and we recommend approval. We have the amount of the lease in our budget and we're ready to move forward.
>> section 14 gives the licenser the right to terminate this agreement by giving 30 days notice. There is a funding out provision in section 15, but that's slightly different. The way I interpret the funding out is that if the court approves funding during the budget process for 12 months, as we do, then the funding is provided for 12 months. We do not thereafter have to have the right to terminate the contract with 30 days advance notice except in September. When there is --
>> if it is not funded. That is correct.
>> why wouldn't we have the same right that the licenser has in section 14?
>> if I recall the state specifically wanted basically a unilateral right to terminate. Although they understood that we legally needed the right to terminate for reasons of funding out. I can -- I did -- I believe john carr negotiated that term but that was something I think we were required to include is a unilateral right for them to terminate.
>> and judge, as I see right now, they are only funding nine months this year according -- they are regs that the department came and gave us. They verified funding for nine months and we're holding this funning that the next three months if you all don't budget for this amount, then this will come in place and that's the way we verified funding at this point. Even though it's a 12-month contract, they just gave us nine months worth and that's what they are verifying with the stipulation that this signing out clause will take care of the next three months if that so happens.
>> we may not be able to help it this time, but it certainly in my view is not reasonable for us to give the landlord the right to terminate any time with 30 days notice and us not have the same thing. I don't see us funding these leases a month at a time. We would have to bring it before the court 12 times. But if we have to, I guess that's better than not having --
>> it's a pretty standard provision for parking leases, operators who --
>> I apologize for waiting so long to catch it. It's not a --
>> but I'll keep that in mind as will the department.
>> move approval of 8.
>> second.
>> discussion? All in favor? Show Commissioners Gomez, Davis and yours truly voting in favor. Commissioner eckhardt off the dais and Commissioner Daugherty absent for the rest of the morning meeting.
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Last Modified:
Tuesday, December 16, 2008 1:45 PM