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.