Property owner Ed Adler wants a review of a lease agreement between he and the City of the Village of Clarkston. The lease is for use of the Mills parking lot off Depot Road.
“You’re on notice, we’re going to enforce the lease,” Adler said at the June 13 Clarkston City Council meeting.
According to the lease agreement, Washington Management allows parking in their lot for Concerts in the Park and five other events. In exchange, the property owners get to use 12 parking spaces along Depot Road belonging to the city.
Adler said the lease agreement is actually with Lehman Investment Company, and he spoke with City Manager Carol Eberhardt about changing it.
Events in the city include Taste of Clarkston, Art in the Village, a charity walk, Angels Place Race, SCAMP Home Tour, SCAMP Walk and Roll, Garden Walk, Shiver by the River, Memorial Day parade, Fourth of July parade, Labor Day parade, Christmas Holiday Lights parade.
Also, prom goers from Clarkston and other local high schools should be considered in the count of events, Adler said.
The Concerts in the Park series had four concerts when the agreement was signed in 1996, but now there are seven. There are 10-12 years left on the lease, Adler said.
“What we want to know is if you continue to have the seven concerts, are those part of your five,” he said. “And I want proof of insurance from people holding the events.”
The property owners said the agreement should mean four concerts.
“That’s what we’ve provided for,” Adler said.
Council member Sharron Catallo said the concerts are organized by the Clarkston Area Chamber of Commerce.
“They changed it to seven – we did not change it to seven,” Catallo said.
“It’s your park,” Adler responded.
Council member Al Avery noted the agreement doesn’t specify a number of concerts.
Adler admitted the lease was not well written, but use of the lot has been clearly in violation for years.
“Our opinion is the lease is voidable at our option because you have never lived up to it,” he said. “We have to decide whether we want to settle amiably.”
Mayor Pro Tem Eric Haven asked if the lot owners were looking to put up gates and fences.
“We’re not limiting ourselves,” Adler responded. “We’re going to take care of that very soon.”
City attorney Tom Ryan suggested the city whittle the list down, and let organizers know what’s going on.
“There needs to be some flexibility,” Haven said. “It’s a matter of property management.”
“You should decide which events and you should tell us in advance. It’s very simple. Let’s do what we agreed to legally,” Adler said. “I would love it if you move the curb over to the property line and put in more public parking spaces.”
Haven asked if they were planning to rent property, with parking.
“Absolutely,” Adler said. “You could rent it.”
Haven said they could have organizers notify the property owners 30 days before their events, as well as provide insurance.
“That’s a good start,” Adler said.