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HomeMy WebLinkAboutRES NO 56-75RESOLUTION NO. 56-75 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPROVING AN AGREEMENT FOR USE OF PARKING IN THE "K" STREET PARKING GARAGE. WHEREAS, pursuant to a certain disposition and develop- ment agreement entered into July 1, 1975, by and between the Bakersfield Redevelopment Agency (the '~gency") and the partnership comprised of James Aloe Weston, Trustee and Julian Weston (the "Developer"), and approved by this City Council, the Developer agreed to acquire a certain parcel of real property from the Agency and to develop thereon a 6,311 square foot banking facility to be leased to Wells Fargo Bank, National Association ('Wells Fargo Bank"); and WHEREAS, pursuant to that certain disposition and develop- ment agreement, the Agency agreed to make, or to cause the City of Bakersfield to make, parking available to Wells Fargo Bank for additional parking (as required by the City's Municipal Code) in the Agency's "K" Street Parking Garage; and WHEREAS, the City desires to make parking available to Wells Fargo Bank for five (5) spaces in the "K" Street Parking Garage at the rate of $20.00 per parking space per month and upon such other terms and conditions as set forth in the '~greement for Use of Parking in the 'K' Street Parking Garage" attached hereto and labelled as Exhibit !~." NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves said '~greement for Use of Parking in the 'K' Street Parking Garage"; and BE IT FURTHER RESOLVED, that the City Council hereby authorizes the Mayor and the City Manager to execute said Agreement on behalf of the City. o0o I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 8th day of September, 1975, by the following vote: "'.,' ',S* ['OUNCILP, EN [JARTON, BLEECKER, CHRISTENSEN, I~r'DD~P~, P,~"~.~, .:3S !Nt' COUNCILMEN: ~ ~ ABSTAINING COUNCILMEN: APPROVED as to forr~,~ CITY ATTORNEY f Bakers field AGREEMENT FOR US~ OF PARKING IN THE "K" STREET PARKING GARAGE THIS AGREEMENT is entered into this' day of 197 by and between the CITY OF BAKERSFIELD, CALIFORNIA (the "City") and WELLS FARGO BANK, NATIONAL ASSOCIATION (the '~Bank") RECITALS This Agreement'is entered into With respect the following facts: -. (a) The Bakersfield Redevelopment Agency (the "Agency") has caused to be designed and constructed a parking garage structure in the block bounded by Chester Avenue, I7th Street, "L" Street, and Truxtun AvenUe in the Downtown Bakersfield Redevelopment Pro- ject in the City of Bakersfield, as shown on the attached Exhibit (b) The City has leased from the Agency the parking garage structure and the garage site, and is to operate and maintain the garage pursuant to that lease. At the end of term of that lease, title to the parking garage structure and the garage site shall vest in the City. (c) This Agreement grants to the Bank the non-exc~.u~i~e ..use of the garage for certain numbers of vehicles and sets forth the principles, terms, and conditions by which such use is granted and by which the garage is to be operated and maintained with respect to such use. I. [~ 100] USE OF THE GARAGE BY THE BANK A. [~ 101] Grant of Use by the City to the Bank The City hereby grants to the Bank the right of non-exclusive u.se (during garage business hours) of five (5) parking spaces in the garage for a period of thirty (30) years at a monthly rental of twenty dollars ($20.00) per space, with appropriate annual escalation for increases in ad valorem taxes a~d mainten- ance, insurance and other operational costs; In addition, the City hereby. grants to the Bank the right to renew such use for a five (5) year period commencing on the expiration of said thirty (30).year period~ and for an additional five, (5) period commencing on 'the expiration of the prior five- (5~ year period, at a monthly rental to be mutually agreed upon by t~e City .and the Bank but not T~:RIBIT A AUG 1 1975 in excess of monthl.y parking rates for comparable parking in the area~ The Bank shall exercise such. rights by written notice to the City within thirty (30) days prior to the expiration of any term for such'use. The .spaCes provided for the Bank's use shall be.located at the east end of the garage, as illustrated on the' attached Exhibit "B", and shall be designated for use by the Bank's customers and -employees. Such use shall be limited to the spaces so designated, and the Bank shall bear the responsibility of preventing its allocated spaces from being used by others than its customers and employees. B. [~ 102] Commencement of Use and Payment of Monthly. Rental The Bank shall commence the use of its designated spaces in the garage, and shall commence the payment of the monthly rental, .on the date that the Bank shall occupy its banking premises to be constructed on Parcel C in the Downtown Bakersfield Redevelop- ment Project (which is shown on the attached Exhibit "A"). The amount of .the monthly rental set forth in Section 101 of this Agreement shall be paid, in advance, commencing on the date that the Bank shall occupy its banking premises to be constructed on Parcel C, and on the first day of each calendar month thereafter to the date of termination or expiration of this Agreement. c. IS 103] Determination of Annual Escalation in Rent Due to Increases in Taxes and Maintenance and Insurance Costs For the purposes of Section 101, the annual escalation in rent for increases in ad valorem taxes and'maintenance, insurance and other operational costs shall be determined in the following manner. On a date which is not earlier than twelve (12) months after the date of completion of the garage, the City shall determine the amount of ad valorem taxes, insurance premiums, and maintenance and other operational expenses paid for the operation'Of the garage during the previeus twelve-month'period based upon a fully completed and operating garage. The amount derived shall be used as a base, against which increases in ad valorem taxes and maintenance, insurr ance and other dperational costs for each twelve=month beriod there- after shall be compared. The amount of the increase for each succeed- ing twelve-month period shall be allocated to the Bank on a pro rata basis according to the respective percentage of the number of ~he Bank"s spaces in relation to the total number. of spaces in the garage. the allocation shall be added (on a monthly basis commencing on the second month. following the preceeding twelve-month period.) to the monthly rentals to be paid by the Bank to the City pursuant to Sec- tions 101 and 102. In no event shall such monthly rentals (including AUG 1 1975 such allocation) be greater than the rates charged by the City for monthly public parking in the garage. In the event that there is a decrease in ad valorem taxes and maintenance, insurance and other operational ~osts, the amount of the decrease shall be allocated to the Bank as indicated above; provided however that in no instance shall the monthly rentals to be paid by the Bank to the City be reduced below $20/Space per month. [S 200] OPERATION AND MAINTENANCE OF THE GARAGE ' A. [~ 201] Control of Operation of the Garage and R~sponsibility for Maintenance and Management of the Garage. The City'shall have'full and complete control over-the opera- tion of the garage, .the setting of public parking fees, and the method and pattern of traffic circulation and control in the garage. The City shall be responsible for the maintenance and management of the garage. The City may contract for services to maintain and/or manage the garage. The expense to maintain the physical garage facility and to clean, repair, and repaint the structure shall be borne by the City. Increases in ad valorem taxes and maintenance, insurance and other operational costs shall be shared by the Bank as provided in Section 100 of this Agreement. -B. [S 202] Traffic Control Gates, Ticket Spitters, and Pass Cards Traffic'control gates are initially to be located at the first floor entrance and exit of the garage. The control gate located at the first floor entrance is to be an unmanned automatic device which controls entering traffic and also ejects a time- stamped ticket unless a laminated pass card is inserted in a slot to trigger a by-pass procedure. A 'motorist entering the garage must either insert a pass card into th~ ticket spitter or accept a time-stamped ticket before the gate will open to admit the vehicle into the garage. Pass cards are to be issued by the City to monthly parkers and to the Bank for each space to be used for monthly parking of its employees. The expense to produce such pass cards shall be borne by the City. The traffic control gate, located at the first floor exit is to be manned by an attendant at such reasonable ti~es as deter- .mined' by .the City'for the proper operation of the garage during business hours of the garage. An unmanned automatic device is to be located at the first floor exit, which device will be opera- tional after business hours. The expense of employing an attend- ant shall be borne .by the City~ -3- " AUG 1 gTS To exit the garage when an attendant is on duty, the attendant will manually release the control gate upon the presentation of a pass card and monthly parking sticker or upon the presentation of a time-stamped.ticket and money and/or validation. The attendant will clock-out each ticket and collect a parking charge for those tickets not validated or not fully validated by authorized valida- tion on the tickets. To exit the garage after business hours and when an attendant is not on duty, the'motorist will be required to either insert a pass card into the'automatic device or insert into the coin acceptor the amount of the night and weekend rate for parking in the garage. The amount of the night and weekend rate shall not be greater than the maximum. fee for parking all day during.business hours. The control system described above will include an automatic device which keeps .count of the number of vacant parking spaces in the garage. which will activate a "lot full" sig.n at the entrance when the garage'is full. In addition, a change-making machine may, at the option of the City, be available at or near the exit for motorists who need change for'coins or currency for exiting the garage after business hours and when an attendant is'not on duty. C. [§ 203] Validation Meters Validation meeters are to be purchased by the City and~provid- ed to the Bank if the Bank's spaces are to be used by the 'Bank's customers. The validation meters shall be, and shall remain, the property of the City. Each validation stamped on a parking ticket by the validation meter will authorize one-half hour of validated 'parking. The Bank shall be limited to a monthly cumulative total of twenty (20) validations for each business day of each business month for each parking space allocated to and used by the Bank for in-and-out customer or visitor parking. Use of validations by the Bank in excess of its respective cumulative monthly totals shall be charged, and paid to the City, on the basis of the half-hourly parking rate established by the City and the Agency for in-and-out transient parking. The cumulative monthly total of validations shall be based on the number of spaces designated and actually used for in-and-out customer or visitor parking by the Bank, and shall not include those spaces allocated for employee parking. Upon thirty (30) days. prior written notice to the City, the Bank may change the designation and number of spaces used for in-and- out'customer or visitor-parking and those used'for employee park- ing. A business month for the purpose of this Section 203 contains ~twenty-two (22) business days. , D. -[S 264] Business Days and BusineSs Hours of the Garage Business hours for the purpose of operating the garage pur- suant to this Agreement are Monday through Friday from 8:00 a.m. -4- to 6:00 p.m., except C~ty holidays. The Agency and the City shall be permitted to operate the garage day and night and on weekends and holidays, and may establish any parking rate which they choose ".on such days and at such times. E. [~ 205] Signing No signing other than directional signs and those signs approv- ed by the Agency and the City shall be permitted on, in, attached to, or abutting the parking garage structure. Any signing permitted by the Agency and the City shall be consistent with the provisions for signing specified in the Redevelopment Plan for the Downtown Bakersfield Redevelopment Project, and all sign rights granted in the garage-shall be uniform and equal to Other sign rights granted with respect+to graphics, size, and illumination. III. [S 300] TERMINATION OF RIGHT TO USE THE GARAGE In the event that the Bank shall attempt to assign, transfer, sublet, or otherwise dispose of such right (or any portion thereof) without the prior written consent of the City, then the rights created herein for use of the parking garage by the Bank, may, at the option of the City, respectively be terminated in full. In the event that the-Bank shall fail to pay the amount of the monthly rental or shall fail to perform or abide by any other term or conditions of this Agreement, then the rights created here- in for use of the parking garage by the Bank, may, at the option of the City, be'terminated in full. IV. [~ 400] ASSIGNMENT AND SUBLETTING The rights created herein for use of the parking garage by the Bank shall not be assigned, transferred, sublet, or otherwise dispose without the prior written consent ~f the City. Any attempt to assign, transfer, sublet, or otherwise dispose of such right (Or any portion of such right) shall, at the option of the City, result in the termination of such right in full. V. [S 500] NONDISCRIMINATION AND NONSEGREGATION There shall be no discrimination against or segregation of .any person, or group Of persons on account of sex, race, color, creed, national origin or ancestry in the use of the garage, nor shall the parties to this Agreement, or any person claiming under or through them, establish or permit any such practice or prac- tices of discrimination or segragation with reference to the se%ection, loc~tion or ~'umber of persons, or groups of persons, using the garage. -5- VI. 6oo NOTICES All notices to and between the parties hereto shall be mailed to the following addresses: To City at: To Bank at: City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Wells Fargo Bank, National Association 464 California Street San Francisco, California 94120' Attn: Real Property Management Department IN WITNESS WHEREOF, the parties hereto have signed this Agree- ment as of the dates set opposite their signatures. CITY OF BAKERSFIELD (City) , 1975 By: , 1975 By: 'CQUNTERSIGNED: , 1975 WELLS FARGO BANK, NATIONAL ASSOCIATION (Bank) A~SISTANT SECRETAR~ APPROVED AS TO FORM AND LEGALITY Kenneth W. HOagland City Attorney -6- AU G, 1 g75 " CHES'TER A --I C X --I Frl Z_.~, °o um O J r' 'o Z __~..:.. m ,, N ._~.. ~".._~.,:..- !" -_,~,,ri.~' p [D' D1 ;:U > ]:> [.q ~ :;:02:o m-lo F' "'q C 0 7 7 --I 7 Z c) > ~> <Z m--i o [i~ --'- :7 --~oz E~<[I) I L ! ST. EXHIBIT · /RUG 1 1975 L~k4tBtT "B" ? ' AUG t 1875 CONSENT THE BAKERSFIELD REDEVELOPMENT AGENCY, as the owner and lessor of the parking garage structure and garage site described in the agreement to which this consent is attached, does hereby approve and consent to the grant by its lessee, the CITY OF BAKERSFIELD, to WELLS FARGO BANK, NATIONAL ASSOCIATION of the right of non- exclusive use of the garage for the number of space, for the rental, and for the period of time set forth in said agreement; and does hereby further consent to the execution of said agreement by the City of Bakersfield. BAKERSFIELD REDEVELOPMENT AGENCY APPROVED: , 1975 By: H. E. BERGEN Executive Director Agency Special Counsel