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HomeMy WebLinkAboutR-6693 Establishing Parking User Fee for Property Owners in the Railroad Square Parking Arear-- RESOLUTION NO.. 6693 i (1989 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A PARKING USER FEE FOR PROPERTY OWNERS IN THE RAILROAD SQUARE PARKING SERVICE AREA WHEREAS, the City of San Luis Obispo has improved the quality of transportation and parking facilities in the area commonly known as Railroad Square; and WHEREAS, the improvements have been completed and local businesses and other users are deriving benefit from the project; and WHEREAS, the City Council approved a parking program for the Railroad Square Parking Service Area which requires payment of parking fees if property owners cannot provide on -site parking; and WHEREAS, the City has agreed to operate and maintain the parking facilities and part of the costs for development and maintainance are to be recovered from private participation in a user fee program, and Council has.heard public comment on, this matter; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN LUIS OBISPO THE FOLLOWING: Section 1. All property owners maintaining businesses that use the area served by Railroad Square parking facilities shall be required to enter into a lease with the City, and that said lease shall require the payment of $12 per space per month for the term of the lease. Section 2. As set forth in the lease agreement the City - retains the right to implement parking control measures in all or part of the Railroad Square parking area. Section 3. The City shall monitor the parking demand in the area and initiate improvements or changes as deemed necessary and which are mutually agreed upon by property owners. Section 4. The City shall continue to maintain, and if possible, expand the parking facilities through the use or acquisition of additional railroad property. s R6693 Resolution No. 6693 Page 2 (1989 Series) EO Copies of this resolution shall be made available_ in the City Clerk's Office. On motion of Mayor Dunin , seconded by Councilwoman Pinard and on the following roll call vote: AYES: Mayor Dunin, Councilmembers Pinard, Rappa, Reiss and Settle. NOES: None ABSENT: None the foregoing resolution was passed and adopted this 19th day of September , 1989 ayor Ron Dunin ATTEST_ : V CMA CLERK P Xploges c� CITY ATTOR Y M COMMUNITY DEVELOPMENT DIRECTOR PUBLIC WORKS DIRECTOR. PARKING LEASE AGREEMENT This lease agreement was made and entered into this l9thday of September 1989, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal Corporation of the State of California hereinafter referred to as "CITY", or "LESSOR "; and hereinafter referred to as "LESSEE "; and jointly referred to hereinafter as the "parties ". RECITALS The parties enter into and execute this lease agreement with knowledge of and reliance on the following facts: 1_ CITY has acquired and improved property in Railroad Square to provide parking and related use facilities for the benefit of property owners, businesses, employees, customers, residents, and visitors within the area shown in Exhibit "A "; and 2. City Council Resolution No..5859 (1985 Series) establishes a joint public /private parking program for the area generally described as "Railroad Square ", shown in Exhibit "A "; and said program requires property owners within Railroad Square to contribute toward the cost of developing and maintaining the parking facilities; and 3. CITY has approved a Use Permit (A119 -86) which allows joint use of city -owned parking facilities in Railroad Square subject and which contains a condition that property owners who cannot provide their total required parking as shown in Exhibit "B" on their own property shall enter into a lease agreement with CITY to provide adequate parking for their uses and to comply with CITY Zoning Regulations; and C, Parking Lease Agreement Page Two MR 4. By complying with the terms of this lease .agreement, LESSEE fully satisfies CITY parking regulations for the existing uses as shown in Exhibit "B ", and for subsequent uses of equal or lesser parking requirements, as determined by the City's Community Development Director; and complies with the aforementioned CITY approvals. TERMS OF LEASE NOW, THEREFORE, in consideration of the mutual and respective covenants and promises set forth herein and subject to all the terms and conditions hereof, the parties agree that: A. JOINT PARKING USE. CITY agrees to provide 126 car parking spaces and 13 motorcycle spaces for the joint use by LESSEE; authorized agents, employees, residents, customers; and visitors on a non- assigned, first -come first - served basis. B. LEASE RATE. LESSEE shall pay to CITY an amount of $12 (Twelve dollars and no cents) per month parking space to lease parking spaces required for LESSEE's use, as shown in Exhibit "B" but not provided onsite as required by Section 17.16.060 of the City's Zoning Regulations" C. PAYMENT SCHEDULE. Lease payments shall be paid quarterly in advance to the City Finance Department by January 1, April 1, July 1, and October I of each year. A 10 -day grace period (until the 10th of the' iiionth) for lease payment shall be allowed. Lease payments received after the grace period will be subject to late penalties. A late payment penalty of 5% (five percent) of the quarterly lease payment may be assessed for each day that the lease payment is delinquent. Prepayment (Private Contribution) LESSEE shall have the option to prepay his /her portion of the private contribution for development of the Railroad Square Parking Service Area. Full reimbursement shall. be based on the number of spaces required by Section 17.16.060 of the City's Zoning (7 Parking Lease Agreement Page Three N Regulations, as shown in Exhibit R. The prepayment rate for each required space as shown in Exhibit B shall be $568 calculated by dividing the total private contribution ($100,000) by the total required spaces for Railroad Square (176). The prepayment amount applies only to the amortized capital costs for parking facilities and not to operating or maintenance costs. LESSEE shall be required to pay $8.00 per space for operating and maintenance expenses for the term-of the agreement. LESSEE can prepay the balance of his /her private contribution at any time during the lease, whereby the amount due would be prorated at the time of payment. D. LEASE TERM AND RENEWAL. This lease agreement shall be effective for five years, with three five -year options for renewal. LESSEE shall notify the CITY in writing at least 30 days prior to renewing the lease. At the time of lease renewal, CITY may adjust the base lease payment by an amount equal to the percent increase in the Consumer Price Index during the preceding five -.year tease period (U.S. Department of Labor, Los Angeles- Anaheim- Riverside Area); or 8% (eight percent) per year during the lease period, whichever is less. CPI lease rate increases shall apply only to the portion of the total lease payment allocated for parking, lot operation and maintenance, and not to the amortized capital costs for the parking facilities. E.. TERMINATION, Notwithstanding section "D" above, any LESSEE who provides the required parking as shown in Exhibit "B" on his own property, or otherwise complies with the parking requirements in the City's Zoning Regulations in effect during the term of the lease, may terminate this lease agreement before the lease has expired. Termination shall be subject to prior city verification that LESSEE complies with City parking requirements. LESSEE shall notify. the City's Parking Program Coordinator and the Community Development Director in writing at least 30 days before terminating this agreement.. Parking. Lease Agreement Page Four F. TENANCY OR USE CHANGES.. LESSEE agrees to notify the Parking Program Coordinator and the Community Development Director of any subleases, land use or tenancy changes which would increase LESSEE's parking requirement as shown in Exhibit "B' further,-that such changes will not be allowed unless additional parking is provided to .meet the City's Zoning Regulations, to the approval of the Community Development Director. G. MAINTENANCE. CITY shall maintain the parking lot grounds, including landscaping,' paving, irrigation, pavement striping, curbs, traffic signage and similar improvements on city - owned property. City retains the right to modify the hours of operation and traffic flow and the right to install parking control measures as necessary to insure the safe and efficient operation of the parking lot. H. LIABILITY. Nothing in this Agreement, is intended to create duties, obligations to, or third party rights. Nor is it intended to affect either• party's contractual liability by imposing any standard of.care regarding ownership, leasehold; regulation, enforcement and maintenance of parking lot grounds and related facilities different from the standard of care imposed by law. PARTIES understand and agree that neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or not done by the LESSEE under. or in connection with any work, authority, right, responsibility or obligation or delegated to the LESSEE under this Agreement. It is also understood and agreed that LESSEE shall defend, indemnify and save harmless CITY, all officers and employees from all claims, suit; or actions of every name,. kind and description brought for or on account of injuries to or death of any person or damage to property resulting O O Parking Lease Agreement Page Five from anything done or not done by the LESSEE under or in connection with any work, authority, right, responsibility or obligation delegated to the LESSEE under this Agreement. Further, the PARTIES understand and agree that neither LESSEE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or not done by the CITY under or in connection with any work, authority, right, responsibility or obligation delegated to the CITY under this Agreement. It is also understood and agreed that CITY shall defend, indemnify and save harmless the LESSEE, all officers and employees from claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or not done by CITY under or in connection with any work, authority, right, responsibility or obligation or delegated to the CITY under this Agreement. I. TRAFFIC VIOLATIONS. LESSEE acknowledges that parking and traffic violations will be enforced by CITY as provided for in the Municipal Code. J. TRANSFERABILITY. LESSEE acknowledges that this lease is not transferable without prior Written approval of the Parking Program Coordinator and the Community Development Director. K. FAILURE TO COMPLY. Failure to comply with the terms of this lease shall be cause for review of Use Permit A 119 -86, and at CITY's sole discretion, may result in termination of this lease agreement. At such review, CITY may modify, add, or delete conditions of approval, or may revoke the use permit and terminate this lease agreement; termination or modification of the Use Permit or addition or deletion of use permit conditions will be done by CITY pursuant to its inherent municipal authority, following CITY procedures for public notice and hearing, and not as part of this agreement. Parking Lease Agreement Page Six L. AMENDMENTS. This lease agreement may be amended at any time by mutual written consent of the City Administrative Officer and the consent of LESSEE within the Railroad Square Service Area, shown in Exhibit "A ". IN WITNESS THEREOF, the parties hereto have executed this agreement on the day and year written above: LESSEE: CITY OF SAN LUIS OBISPO: City Administrative Officer ATTEST: City Clerk Pam Voges APPROVED AS TO F RM: City Attorney APPROVED AS TO CONTENT: / t_ ll7CCC000 �� "X C c Community Development Director Public Works Director B 12 /agreement