The City of Alamo Heights is considering renewing a license agreement for 10 parking spaces with the owner of the restaurant BISTR09 adjacent to City Hall. The restaurant has leased the spaces since 2019 for employee parking after 5pm. The current agreement has expired and the owner is interested in renewing it for another year. The proposed agreement would charge $150 per quarter for the spaces and allow the City to use the lot for its own events if needed. It also restricts the parking to employees only during restaurant hours.

1. CITY OF ALAMO HEIGHTS
ADMINISTRATION AND FINANCE DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUM
TO: Mayor and City Council
FROM: Phil Laney, Assistant City Manager
SUBJECT: Discussion and possible action for a license agreement for 10 parking spaces
between the City of Alamo Heights and Damien Watel, owner of Broadway Eats
6106 LLC
DATE: January 24, 2022
SUMMARY
The restaurant adjacent to City Hall at 6106 Broadway, BISTR09, has leased ten (10) parking
spaces from the City since April 8, 2019. The owner, Mr. Damien Watel, has expressed interest in
continuing the lease agreement for these ten (10) parking spaces.
BACKGROUND INFORMATION
Due to parking limitations already placed upon the restaurant with other local businesses in the
complex, the establishment is only open in the evening hours. On April 8, 2019, City Council
approved a parking lease agreement between the City and the Bistr09 owner, Damien Watel. The
lease agreement has expired and there is interest to renew the lease agreement for use of the 10
spaces.
To provide the City control, the spaces, if approved, would be designated for employee parking
only. Additionally, language in the agreement would allow the City first rights to the parking lot
for events such as council meetings, boards and commission meetings and other events such as
elections, etc. There will also be provisions that would prevent loitering in the lot by employees
and not using the area as a break or smoking area. The applicant would also (as part of the
agreement) sign an indemnity agreement and name the City as additional insured on their policy.
POLICY ANALYSIS
The City enters into license agreements for various reasons. This policy allows for the utilization
of City assets primarily for non-working hours of the day.
FISCAL IMPACT
A fee of $150 per quarter would be considered for the use of the 10 parking spaces. The agreement
is good for one year commencing January 24, 2022 and expiring on January 24, 2023. Either party
may terminate the agreement with a ten (10) day notice.
COORDINATION
Staff coordinated with the City Attorney and City Manager to review the draft license agreement.

2. ATTACHMENTS
Attachment A – License Agreement
_____________________
Phil Laney
Assistant City Manager
______________________
Buddy Kuhn
City Manager

3. Attachment A
1
PARKING LICENSE
As used in this Parking License (“License”), the following terms shall mean the
following:
1. Date of License: January 24, 2022
2. Licensor: City of Alamo Heights, Texas
3. Licensee: Broadway Eats 6106 LLC
4. Premises: Ten parking spaces in Licensor’s parking lot at 6116
Broadway as depicted on the attached Exhibit “A”
5. Term: One year commencing on January 24, 2022
6. License Fee: $150.00 quarterly in advance
7. Notices:
Licensor: 6116 Broadway, Alamo Heights, Texas 78209
Licensee: 6106 Broadway, Alamo Heights, Texas 78209
GENERAL TERMS
1. Premises. Licensor hereby Licenses to Licensee the non-exclusive use of ten parking
spaces depicted on the attached Exhibit “A” for employee parking after five (5) p.m.
on days during which such parking spaces are not needed by Licensor for its own
parking requirements.
2. Term. The Premises are Licensed for the Term specified hereinabove, provided that
Licensor reserves the right to terminate this License at any time after providing 10 days
notice to Licensee of termination.
3. Use. Licensee shall use the premises exclusively as a site for employee parking.
Licensee’s employees shall not use the Premises as a site for congregating, loitering,
smoking or other activities other than parking during Licensee’s normal hours of
operation. The Premises shall not be used for overnight parking. Licensor may install

4. Attachment A
2
signage restricting the Premises to the use specified herein and Licensee shall
reimburse Licensor promptly for the cost of such signage. Licensor reserves the right
to use the Premises for its activities if reasonably necessary.
4. License Fees. Licensee shall pay to Licensor a license fee quarterly in advance
of $150.00, provided if Licensor terminates this license on a date other than a quarterly
payment date, a pro-rata refund shall be paid to Licensee.
5. Maintenance and Operating Expenses. Licensor shall maintain the Premises
except that Licensee shall repair all damage caused by Licensee’s employees, agents
or contractors. Licensee shall endeavor to keep the Premises in a clean condition,
including the costs of sweeping and trash removal necessitated by Licensee’s employee
use of the Premises. Licensee shall not cause or permit any waste or nuisance on the
Premises.
6. Alterations. Licensee shall not make any alterations to the Premises without the
prior written consent of Licensor.
7. INDEMNITY. LICENSEE SHALL INDEMNIFY, DEFEND (WITH
COUNSEL REASONABLY SATISFACTORY TO LICENSOR) AND SAVE
LICENSOR HARMLESS FROM AND AGAINST ALL EXPENSES, LIABILITIES
AND LOSSES, INCLUDING WITHOUT LIMITATION, LOSS OF OR DAMAGE
TO PROPERTY AND INJURY TO OR DEATH OF PERSONS, ARISING,
DIRECTLY OR INDIRECTLY, FROM THE LICENSEE’S USE AND
OCCUPANCY OF THE PREMISES, INCLUDING ITS AGENTS, CONTRACTORS
OR EMPLOYEES, OR ANY DEFAULT BY LICENSEE UNDER THIS LICENSE.
THIS INDEMNIFICATION, DEFENSE AND HOLD HARMLESS SHALL BE
APPLICABLE TO ANY AND ALL COMPONENTS OF SAID CLAIMS OR
CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, REASONABLE
ATTORNEY’S FEES, PROFESSIONAL OR EXPERT WITNESSES’ FEES AND
COSTS OF ANY AND ALL OTHER KIND AND NATURE WHATSOEVER
INCURRED AND, IN ANY WAY, RELATED TO SUCH CLAIMS OR CAUSES OF
ACTION.
8. Insurance. Licensee shall, at its expense, maintain through the Term a policy
of commercial general liability insurance, covering claims and liability for personal
injury, death, and property damage arising from Licensee’s use and occupancy of the

5. Attachment A
3
Premises, with single limit coverage of at least $1,000,000. Such policies shall name
Licensor and any and all agents of Licensor as additional insureds; be issued by
insurers licensed in Texas; contain a waiver of subrogation against Licensor; and,
require at least ten (10) days prior notice to Licensor before cancelation or material
reduction in coverage. Licensee shall furnish Licensor with a certificate of such
insurance. Such insurance shall specifically insure the performance of the indemnity
agreement contained in Paragraph 9 above. Licensee shall also maintain (and provide
Licensor with evidence of) Worker’s Compensation Insurance.
9. Assignment and Subleasing. Licensee shall not assign this License without
Licensor’s prior written consent, which may be granted or withheld by Licensor in its
sole discretion.
10. Defaults.
(a) Each of the following events shall be a default by Licensee under this License:
i. Failure to pay any quarterly license fee.
ii. Failure to cure a breach of any other non-monetary term or covenant
required to be performed by Licensee.
(b) In the event of a default by Licensee, Licensor shall have the right to terminate
this license.
11. Miscellaneous.
(a) If any action or proceeding is brought to enforce this License, the prevailing
party shall be entitled to recover its costs and reasonable attorneys’ fees. Venue for any
dispute shall be in Bexar County, Texas.
(b) This License contains the entire agreement of the parties and supersedes all
prior agreements. No party is relying on any oral understanding, representation, or
inducement in entering into this License. This License may be amended or waived only
by a written agreement.

6. Attachment A
4
(c) This License and the rights and obligations of the parties hereto shall be
interpreted, construed and enforced in accordance with the laws of the State of Texas.
The headings and titles are for convenience only. Words of any gender or neuter
gender shall be held to include the other gender, and the singular number shall include
the plural, when consistent with reasonable interpretation. If any clause or provision
is illegal, invalid or unenforceable under present or future laws, then and in that event,
it is the intention of the parties thereto that the remainder of the License shall not be
affected thereby and the parties hereby declare that this License would have been
entered into without such unenforceable provision. Each party represents to the other
that it has not hired any real estate agent in connection with this License and is not
aware of any commission owing to any agent and indemnifies the other for any liability
for any such commission that becomes owing due to its acts.
(d) Each person signing this License on behalf of an entity represents that he/she
has been duly authorized to do so and to bind such entity.
THIS PARKING LICENSE IS EXECUTED BY THE PARTIES as of the date
first set forth above.
“Licensor”
City of Alamo Heights, Texas
By: Date:
Name: Buddy Kuhn, City Manager
“Licensee”
Broadway Eats 6106 LLC
By: Date:
Name: Damien Watel, Manager and Owner

7. Attachment A
5
EXHIBIT A
DEPICTION OF PREMISES