Title
Consider License Agreement between Piedmont Regional MLS, Inc. and City of Rock Hill for Storage Units.
Body
In 2008, the Piedmont Regional MLS, Inc. (PRMLS) approached the City of Rock Hill staff regarding the potential lease or purchase of real property located immediately behind the Palmetto Room at Historic Old Town (PRHOT). The PRHOT is located in the rear portion of the former McCrory’s Building. The street address of the PRHOT is 150 East White Street. Staff from the City of Rock Hill Economic and Urban Development Department and the President of PRMLS had several discussions on this topic in 2008 and 2009.
Over portions of the last two years, PRMLS has leased PODS (Portable On Demand Storage) units to store chairs, tables, and other equipment associated with the PRHOT. The PODS were placed in the White Street Parking Lot. The PODS were not permitted and the PODS were not visually attractive. PRMLS asked for additional time to identify a storage solution when objections were made regarding the PODS.
To eliminate the PODS, PRMLS asked the City of Rock Hill to sell or lease a small portion of the White Street Parking Lot. The land would allow PRMLS to build a storage room addition at the rear of the PRHOT. The PRMLS would use the acquired land (via sale or lease) to replace the sidewalk that would be eliminated with the construction of the storage room. The storage room has been determined to be necessary by PRMLS to store ballroom tables, chairs, and other equipment used at the PRHOT.
City of Rock Hill staff indicated several requirements that would need to be met if the City were to entertain the idea of selling or leasing the land requested. The requirements pertained to the replacement of sidewalk, maintenance of utilities, maintenance of a fire lane, architectural issues associated with the addition to be built, pedestrian connectivity impacts, parking impacts, cost of the land to be sold or leased, and other related matters. Staff at PRMLS and City staff attempted to work on all of these issues. Efforts were made to try to satisfy the City’s concerns and PRMLS’ needs. The physical limitations of the properties involved did not appear to offer an acceptable solution to both parties.
In summer 2009, City staff asked PRMLS staff if the City’s service center could be used for storage. The City owns and operates a service center for solid waste equipment and services located behind the former People’s Bank Building. PRMLS indicated that the service center would be an acceptable location to situate storage units (PODS or similarly fabricated, lockable storage units). A location and dimensions of the area that could be utilized by PRMLS within the service center was identified. The City Attorney prepared a License Agreement which provides PRMLS the right to use a portion of the service center for storage purposes. The License Agreement was executed by PRMLS on, January 12, 2010.
Use of the service center eliminates the concerns raised by City staff regarding the appearance of the proposed storage room addition, fire lane impacts, parking impacts, pedestrian connectivity, replacement of sidewalk, maintenance or utilities, etc. The service center has high brick walls that limit the viewing of the dumpsters, roll carts, and other equipment stored inside the four walls. There is only one large opening for solid waste service trucks to enter and exit.
Prior to having the License Agreement drafted, the City of Rock Hill’s Solid Waste Services staff was consulted regarding this proposal. Mr. David Young, Solid Waste Service Superintendent, reviewed the plan and indicated that no adverse impacts on solid waste services would occur with the placement of the storage units within the service center.
Amongst other things, the License Agreement provides for the following:
- The license is revocable; it can be terminated by either party at any time for any reason.
- The lessee shall remove the storage units with 180 days of termination of the Agreement.
- There shall be no more than four (4) storage units; the units shall not be larger than 8 ft. by 16 ft. (512 sq. ft. maximum area; the whole service center measures over 2,300 sq. ft.).
- The storage units shall be situated along the wall closest to Dave Lyle Blvd.
- The City of Rock Hill is indemnified and held harmless in this Agreement.
Please note that the image used in Exhibit A is not current. This image shows many roll carts and dumpsters sitting in the service center. The vast majority of the roll carts and dumpsters have been removed since this image was taken. There is no plenty of available to accommodate the storage units contemplated.
City Council is being asked to approve the License Agreement and to allow the City Manager to sign the Agreement this month.