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HomeMy WebLinkAboutRES NO 27-75 RESOLUTION NO. 27-,75 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPKOVING A PARKING OPERATIONS AGREEMENT FOR THE "K'' STREET PARKING GARAGE. WHEREAS, the Bakersfield Redevelopment Agency (the "Agency") has caused to be constructed in the Downtown Bakersfield Redevelop- ment Project a certain parking facility known as the "K" Street Parking Garage; and WHEREAS, pursuant to a certain agreement dated August 12, 1972, with Bank of America National Trust and Savings Association ("Bank of America") and Arcon, Inc. ('~rcon") and a certain agree- ment dated December 13, 1973, with United California Bank ("UCB"), the Agency agreed to allocate a specified number of parking spaces in the "K" Street Parking Garage among Arcon, Bank of America and UCB; and WHEREAS, Arcon, Bank of America and UCB each agreed pur- suant to those respective agreements to pay to the Agency the amount of $10 per space per month for the use of such parking spaces; and WHEREAS, the Agency and the City have entered a certain lease agreement dated August 1, 1974, (the "Lease") whereby the City agreed to lease, operate and maintain the "K" Street Parking Garage; and WHEREAS, it is necessary to define and set forth in a single document the rights, duties, and obligations of Arcon, Bank of America, UCB, the Agency and the City with respect to the "K" Street Parking Garage; and WHEREAS, such rights, duties, and obligations are defined and set forth in'the attached "Parking Operations Agreement." NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: That the City Council hereby approves the "Parking Opera- tions Agreement" for the "K" Street Parking Garage, which is attached hereto as Exhibit "A." That the City Council hereby authorizes the Mayor of the City to execute said Parking Operations Agreement on behalf of the Agency at such time as the Agency has received and approved an agreement between Arcon, Inc. and United California Bank relative to the treatment of the plaza in the vacated portion of "K" Street between their respective facilities. -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 7th day of April, 1975, by the following vote: AYES, COUNCItMEN BARTON, BLE'ECKER, HEISEY, MEDDERS, ROGERS, STRONG, THOMAS NOES: COUNCILMEN: AsSeNT COU{~ClLMEN: ABSTAINING COUNCILMEN: CITY ¢E~E~an %io Clerk of Council of t~y of Bakersfield the APPROVED thi~7~h: ,f ADril 1975 ,,~ APPROVED ~as ~t~q-~form: CITY ATTORNEY of of Bakersfield PARKING OPERATIONS AGREEMENT THIS PARKING OPERATIONS AGREEMENT ("Agreement'') is entered into this day of , 1975 by and between the CITY OF BAKERSFIELD, CALIFORNIA (the "City"), BAKERSFIELD REDE- VELOPMENT AGENCY (the "Agency"), ARCON, INC. ("'Arcon"), BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATIONS ("Bank of America"), and UNITED CALIFORNIA BANK ("UCB"). RECITALS This Agreement is entered into with respect the following facts: (a) The Agency is causing to be designed and constructed a parking garage structure in the block bounded by Chester Avenue, "'17th street, "L" Street, and Truxtun Avenue in the Agency's Downtown Bakersfield Redevelopment Project. (b) The City. is to lease from the Agency the parking garage structure and the garage site, and is to operate and maintain the garage pursuant to that lease. (c) Pursuant to agreements entered into with the Agency, Arcon, Bank of America, and UCB are to be granted the nonexclu- sive use of the garage for certain numbers of vehicles, as speci- fied therein and herein. (d) This Agreement 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. Exhibit A MAR g.4 1975 o:. [s loo] CONSTRUCTION OF THE PARKING GARAGE The Agency shall cause to be constructed on the property shown as the "Parking Garage" in the attached Exhibit "A",a multi-level, parking garage structure of approximately 254 spaces in accordance with the plans and specifications referred to as Exhibit "B" and on file with the City Clerk~ The parking garage structure is to be constructed to provide a foundation base and related electrical outlet facilities for a traffic- control gate and ticket spitter at the entrance, and a traffic- control gate at the exist, of each floor, and to provide for the ready installation of parking meters at each space in the garage. The expense for the construction of the garage, additional levels, and .other improvements in and to the garage.(except with respect to ingress constructed into the garage fr6m the UCB premises) shall be borne by the Agency. In addition, the Agency shall cause the garage to be cons- tructed in such a manner that, in the future, vehicular ingress could be constructed into the garage from the UCB premises on the southerly side of the garage at the southeast corner of the garage. The upper level of the first floor of the garage at that corner will be constructed to provide; (1) a 25-foot span to accommodate the vehicular ingress; and (2) electrical con- duits and provision for wiring to permit the installation of a traffic control gate and ticket spitter. UCB will be permitted to remove from the 25-foot span'any construction barring vehicular ingress, and to construct and install an entrance ramp into -2- MAR P-, 4 1975 the garage. ~he increase in the operations'cost of the garage and the expense arising from the construction of such vehicular ingress, as well as the expense for providing the necessary con- ditions to permit ·such future construction, shall be borne by °UCB subject to its review and approval prior to the Agency incurring any such costs on its behalf. Such expenses shall include but not be limited to: (1) the construction and ins- tallation of an entrance and entrance ramp; (2) the provisions of an additional traffic control gate and ticket spitter at the entrance; and (3) the cost of roughing for electrical con, duit for the control gate and ticket spitter. II. [~ 2Q0] RIGHT OF ACCESS UNDER THE GARAGE The parking garage 'structure is to be designed and cons- tructed to permit access under the garage from and t·o 17th Street for entrance to the Bank of America drive-in-banking facilities and for exit from the UCB drive-in banking facili- · ties. The design of such access is shown in Exhibit "B". A recordable easement or license will be given by the Agency·to the Bank of America and UCB (and their respective lessors) pertaining to such access. III. [~ 300] LEASE OF THE GARAGE BY THE AGENCY TO THE CITY AND USE OF THE GARAGE BY ARCON, BANK OF AMERICA AND UCB A.· [~ 301] Lease of the Garage By a separate agreement, the Agency is to lease the garage site.and the garage to the City. At the end of the lease term the title to the site and the garage shall be conveyed by the - 2 4 975 Agency to th~ City. Pursuant to the ~ease the City shall be required to Operate and maintain the garage. B. [~ 302] Use of the Garage by Arcon The Agency and the City hereby grant to Arcon the right .of non-exclusive use (during garage business hours) of seventy- five (75) parking spaces in the garage for a period of thirty (30) years at a monthly rental of ten dollars ($10.00) per space, with appropriate annual escalation for increases in.ad valorem taxes and maintenance, insurance and other operational · costs. In addition, the Agency and the City hereby· grant to Arcon the right to renew such use for a ten (10) year period commencing on ·the expiration of said thirty (30)·year period, and for an additional period to terminate upon the expiration of Arcon's ground lease with Bank of America commencing on the expiration of said ten (10) year period, at a monthly rental to be mutually agreed upon by the Agency and Arcon but not in excess of monthly parking rates for comparable parking in the area. Arcon shall exercise such rights to renew by written notice'to the Agency and the City within (30) days prior to 'the expiration of any term of any such use. The spaces provided for Arcon's use shall be so designated and =color-coded and may be labelled with the tenants' names to whom Arcon has assigned the spaces. Such use shall be limited to the spaces·.so designated, and Arcon shall bear the responsi- bility of preventing its allocated spaces from being used by others than its tenants. -4- MAR 2 4 1975 In the'e~ent that Bank of America:ceases to lease from Arcon its banking premises and thereby terminates its use of 'the garage prior to the expiration of such use, the Agency and the City hereby grant to Arcon (on behalf of subsequent lessees 'of the Bank of America premises) the rightof non-exclusive use of the garage (during garage business hours) for the number of spaces, for the period of time, and at a monthly rental to be agreed upon by the Agency, the City, and Arcon. C.. [S.303] Use of the Garage by Bank of America The Agency and the City hereby grant to Bank of America the right of non-exclusive use (during garage business hours) of seventy-five (75) parking spaces in the garage for a period of thirty (30) years at a monthly rental of ten dollars ($10.00) per space, with appropriate annual escalation for increases in ad valorem taxes and maintenance, insurance and other opera- tional. costs. In addition, the Agency and the City hereby grant to Bank of America the right to renew such use for a ten (10) year period commencing on the expiration of said thirty (30) year period, and for an additional period to terminate upon the expiration of Bank of America's lease of its banking premises with Arcon commencing on the expiration of said ten (10) year period., at a monthly rental to be mutually agreed upon by the Agency and Bank of America but not in excess of monthly parking rates for comparable parking in the area. Bank of America shall exercise such rights by written notice to the Agency and the City within thirty (30) days prior to the expi- ration of any term for such use. -5- MAR g 4 1975 The spaces provided for Bank of America's use shall be · located at·the west end of the garage"and shall be designated ~ and color-coded for.use by Bank of America customers and employ- ees. Such use shall be limited to the spaces so designated, and · Bank'of America shall bear the responsibility of'preventing its allocated spaces from being used by others than its customers and employees. D. [~ 304] Use of the Garage by UCB The Agency and the City hereby grant to-UCB the right of non-exclusive use (during garage business hours) of·thirty (30) parking spaces in the garage for a period to terminate upon the 'expiration of the initial term of UCB's lease of its banking premises at a monthly rental of ten dollars ($10.00) per space, with appropriate annual escalation for increases in ad valorem taxes and maintenance, insurance-and other operational costs. In addition, the Agency and the City hereby grant to UCB the option to exercise the right of non-exclusive use (during garage business hours) of up to an additional ten (10) parking spaces in the garage for a period to terminate upon the expi- ration of the initial term of UCB's lease of its banking pre- mise at a monthly rental of ten dollars ($10.00) per space, · wit~ appropriate annual escalation for increases in ad valorem taxes and maintenance, insurance and other operational costs. Said option shall continue and,shall be exercised in the manner provided and set forth in the Agreement No. RA 5-73 entered into as of November 16, 1973 byeand between the Agency and UCB. -6- MAR 4 ]975 in the event UCB decides to construct and install the vehicular ingress into the garage (as provided in the Section ~00 of'this Agreement), UCB shall in writing notify the Agency 'and the City of its intention. During construction and installa- tion of the vehicular ingress and thereafter, the number of parking spaces which UCB is entitled to use pursuant to this Agreement and Agreement No. RA5-73 between the Agency and UCB, shall be reduced by the number of spaces lost in the garage ..by reason of'such construction and installation. This reduc- tion .in the number of spaces shall not effect UCB's right to obtain the use of up to ten (10) additional spaces at an oaddition~l monthly rental of ten dollars ($10.00) per space, and UCB shall be required and obligated to pay the entire monthl~ rent of three hundred' dollars' ($300.00) (with an appropriate escalation for increases in ad valorem taxes and maintenance, insurance and other operational costs) regardless of such re- duction in the number of spaces which UCB is entitled touse. In the event UCB exercises-its option to obtain the use of up to ten (10) additional spaces, UCB shall be required and obli- gated to pay the additional monthly rent of ten dollars ($10.00) per space (with an appropriate annual escalation for increases in ad valorem taxes and maintenance, insurance and other opera- tional costs). The Agency and the City hereby further grant to UCB the right to renew such use for a ten (10) year period commencing on the expiration of the initial term' of UCB's lease of its banking premises, and for an additional ten (10) year period MAR g 4 1975. commencing on ~he expiration of the prior ten (10) year period, r, at a monthly rental to be mutually agreed upon by the Agency and UCB but not in excess of monthly parking rates for compa- rable parking in the area. UCB shall exercise such.rights to renew by written notice to the Agency and the City within. thirty (30) days prior to the expiration of any term for any such use. The spaces provided for UCB's use shall be located at the east end of the garage. At least twenty (20) of the spaces shall be covered. The spaces provided for UCB's use shall be so designated and color-coded. Such use shall be limited to 'the spaces so designated, and UCB shall bear the responsibility of preventing its.allocated spaces from~being used by others than its customers and employees. ~' E. [~ 305] Determination of Annual Escalation in Rent Due to Increases in Taxes 'and Maintenance and Insurance Costs For the purposes of Sections 302,303 and 304', the annual escalation in rent for increases in ad valorem taxes and main- tenance, insurance and other operational costs shall be deter- m~ned in the following manner. On a date which is not earlier than twelve (12) months after the date of completion of the garage, the Agency and 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 previous twelve-month period. The amount derived shall be used as a base, against which increases in ad valorem.taxes MAR 2 4 1975 and maintenance, insurance and other operational costs fOr'each: twelve-month period thereafter shall be: compared. The amount of the increase for each succeeding twelve-month period shall be allocated among Arcon, Bank of America, and UCB on a pro rata basis according to.the respective percentages of the number of their spaces in relation to the total number of spaces in the garage. Each such 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 Arcon, Bank of America and UCB to the City pursuant to Sections 302,303 and 304. In no event shall such monthly rentals (in- 'cluding such allocation) be greater than the rates charged by the City and the Agency for monthly public parking in the garage. In ~he event that there is a decrease in ad valorem taxes and maintenance, insurance and other operational costs, the amount of the decrease shall be allocated among Arcon, Bank of America, and UCB as indicated above; provided however that in no instance shall the monthly rentals to be paid by Arcon, Bank of America and UCB to the City be reduced below $10/space per month. IV. [S 400] OPERATION AND MAINTENANCE OF THE GARAGE .A. [S 401] Control of Operation of the Garage and Responsibility for Maintenance and Management of the Garage. The Agency and the City shall have full and complete con- trol over the operation of the garage, the setting of public parking fees, and the method and pattern of traffic circulation -9- - MAR g I 1975 and control in the garage; provided however that the Agency and the'City shall consult with Arcon, Bank of America, and UCB' prior to initiating changes in the operation and traffic circu- ~ lation of the garage.. The Agency and the City shall be respon- sible for the maintenance and management of the garage. The Agency and' 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 Agency and the City. Increases in ad valorem taxes and maintenance, insurance and other operational costs shall be shared by Arcon, Bank of America, and UCB as provided in Section 300 of this Agreement. B. [~ 402] 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 auto- matic 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 the 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 Arcon, Bank of America, and UCB for each space to be used for monthly parking of their 'employees and tenants. The expense to produce such pass cards shall be borne by the City.. -10- - MAR 2 4 i975 The traffic control gate located at the first floor exit i~ to be manned by an attendant at such reasonable times as deter-" mined by the City and the Agency 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 operational after business hours. The expense of'employ- ing an attendant shall be borne by.the City and the Agency. 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 validation 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 abo~ewill include an automatic device which keeps count of the number of vacant parking spaces in the garage which will activate a "lot full" sign a't the en- trance 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 6n duty. -ll- MAR 2 4 1975 C', [§ 403 Validation Meters Validation meters are to be purchased by the Cit~ andspro- vided to Bank of America and UCB. 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 autho- · rize one-half hour of validated parking. Bank of America and UCB shall be Iimited 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 Bank of America and UCB ~for in-and-out customer or visitor parking. Use of validations by Bank of America and UCB in excess of their respective cumula- tive 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 Bank of America and UCB, and shall not in- clude those spaces allocated for employee parking. Upon thirty (30) days prior written notice to the City and the Agency, Bank of America and UCB may change'the designation and number of spaces used for in-and-out customer or visitor parking and those used for employee parking. A business month for the purpose of this Section 403 Contains twenty-two (22) business days. D. [§ 404] 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. to 6:00 p.m., except City holidays. The Agency and the City shall be permitted to operate the garage day and night and on -12- MAR 2 i 1975 weekends and holidays, and may establi.sh any parking rate which they choose on such days and at such t~imes. E. '[~ 405] Signing No signing other than directional signs and .those signs approved 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. V. [~ 500] TERMINATION OF RIGHT TO USE THE GARAGE In the event that Arcon, Bank of America, or UCB attempt to - assign, transfer, sublet, or otherwise dispose of~such right (or any portion thereof) without the prior written consent of the Agency and the City, then the rights created herein for use of the parking garage by either Arcon, Bank of America, or UCB shall, at the option of the City, respectively be terminated in full. In the event that Bank of America ceases to lease from Arcon its banking premises shown on the attached Exhibit "A" (except to the extent that Bank of America becomes the owner of said banking premises), then the rights created herein for use 'of the par.king garage by Bank of America shall, at the option of the City, be terminated in full. In the event that UCB ceases to lease its banking premises shown on the attached Exhibit "A" (except to the extent that UCB -13- MAR 2 4 197S becomes the owner of said banking premises), then the rights created herein for use of the parking garage by UCB shall, at the option of the City be terminated in full. VI. [~ 600] ASSIGNMENT AND SUBLETTING = The rights created herein for use of the parking garage by Arcon, Bank of America, and UCB s~all not be assigned, trans- ferred, sublet, or otherwise disposed without the prior written consent of the Agency and 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 ful.1. VII. [~ 700] NONDISCRIMINATION AND NONSEGREGATION There shall be no discrimination againstor 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 segregation with reference to the 'selection, location or number of persons, cr groups' of persons, using the garage. 'VIII.[~ 800] MODIFiCATION OF' THE AGREEMENT From time to time, each party to this Agreement shall have. the right to request that this Agreement be modified to promote a more efficient and satisfactory method of operation and main- tenance of the garage. Said request shall be made by written notice to each of the parties. MAR 4 IX. [S 900],~ NOTICES All notices to and between the parties. hereto shall be mailed to the following addresses: To Agency at: .To City at: Bakersfield Redevelopment Agency 1501 Truxtun Avenue Bakersfield, CalifOrnia 93301 City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 To Arcon at: Arcon, Inc. 300 Montgomery Street San Francisco, California 94104 To Bank of America at: Continental Service Company 260 Fifth Street San Francisco, California 94103 To: UCB at: United California' Bank 600 South Spring Street P. O. Box 3666 Los Angeles, California 90051 Attn: Corporate Facilities Division IN WITNESS WHEREO~, the parties hereto have signed this Agreement as 0f the dates set opposite their' signatures. ARCON, INC. , 1975 BY: BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION , 1975 BY: , 1975 UNITED CALIFORNIA BANK BY: BAKERSFIELD REDEVELOPMENT AGENCY , 1975 BY: CITY OF BAKERSFIELD , 1975 BY: APPROVED AS TO'FORMAND LEGALITY Kenneth W. Hoagland City Attorney and General Counsel for the Agency APPROVED: Special Counsel for the Agency -16- ~iliCHESTER ~,lz 0"'>:° L S T.