Loading...
HomeMy WebLinkAboutORANGE, COUNTY OF (32)P Jr 1 GA 1644-4 Civic Center Parking 2 Phase 1 Development 4 5 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT 6 7 THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT, is made and entered into this �cta day of -J­�]L-1 f 1994, by and between the 8 CITY OF SANTA ANA ("CITY") and the COUNTY OF ORANGE ("COUNTY") , without regard to number of gender. R E C I T A L S 10 A. December 15, 1987, CITY and COUNTY entered into a Development 11 Agreement for development of parking facilities in the Santa Ana Civic Center. 12 B. August 5, 1991, CITY and COUNTY amended that Development 13 Agreement with changes which included agreement to consider allowing CITY to use the surface parking portion of the area identified as Site 14 1 for development and operation of a police facility. .15 C . CITY has decided to build said police facility. 16 D. During construction of said police facility, CITY has a need for a secure area in the "Super Block" parking facility to park official 17 police vehicles. 18 E. COUNTY proposes to develop an addition to COUNTY's Central Courthouse in a portion of the "Super Block" parking facility. 19 F. Juror parking must be relocated from the Site 1 surface lot to 20 the Site 1 parking structure due to release of the Site 1 surface lot from this Development Agreement. 21 G. CITY and COUNTY agree that certain changes and additions to the 22 Development Agreement are needed in order to: 23 1. Allow CITY to use that portion of Site I (known as the Site 1 surface lot) for development and operation of said police 24 facility, 25 2. Document COUNTY withdrawal of land from "existing pay parking facilities" for said Central Courthouse addition, 26 3. Revise parking rates for the special purpose use of parking 27 for those construction workers and contractors constructing said police facility and said Central Courthouse addition, 28 1 \D0CfJMENT\DEVAG2-1.AMD RA 6/24/94-4-1, 1 4. Provide interim secured parking at no charge for CITY's official police vehicles, and 2 5. Clarify the location for juror parking. 3 4 NOW, THEREFORE, CITY and COUNTY hereby agree to amend said Development 5 Agreement as follows: 6 I. Delete in its entirety paragraph 20 of said Development Agreement and substitute the following: 7 20. COUNTY shall be entitled to reserve parking spaces within the 8 Site 1 parking structure for use by individuals serving on jury panels at the Orange County Courthouse in the Civic Center. The number of 9 juror parking spaces which COUNTY may reserve shall be equal to Four Hundred (400) parking spaces as of the date of this Agreement (i.e., 10 December 15, 1987) plus Twenty Two (22) additional parking spaces for each additional trial courtroom in said Orange County Courthouse which 11 becomes operational subsequent to the date of this Agreement. Juror parking spaces provided pursuant to this paragraph shall be provided 12 without charge to the jurors, CITY, or COUNTY, and the cost of providing such parking shall be considered to be a non-compensable 13 operating expense. 14 In addition to juror parking, COUNTY shall also be entitled to reserve up to One Thousand One Hundred (1,100) parking spaces within the Site 1 15 parking structure for use by COUNTY's employees. COUNTY shall pay for such parking an amount based on the then established monthly parking 16 rates for the Site 1 parking structure. COUNTY shall further be entitled to reserve up to 100% of the parking spaces within the COUNTY 17 parking area shown on Exhibit C fox use by COUNTY's employees. COUNTY shall pay for such parking an amount based on the then established 18 monthly parking rates for the COUNTY parking area. 19 II. Delete in its entirety paragraph 32 of said Development Agreement and substitute the following: 20 32. CITY and COUNTY agree that notwithstanding all other provisions 21 of this Development Agreement, that certain portion of Site 1 known as the Site 1 surface lot, shown on "Exhibit E," attached hereto, is not 22 subject to the terms and conditions of this Development Agreement and is recognized as the property of CITY for use as a police facility or 23 whatever other uses CITY may choose. 24 II. Add the following paragraph 33 to said Development Agreement, 25 33. CITY and COUNTY agree that COUNTY is entitled, for the purpose of constructing and operating COUNTY's addition to its Central Courthouse 26 (hereinafter referred to as the "courthouse office building") to withdraw from the "existing pay parking facilities," referenced in 27 paragraph 18 of this Development Agreement, the area identified as "Courthouse Office Building Site," as shown on Exhibit E, attached 28 hereto. \D0CUMENT\DEVAG2-1.AMD - 2 - RA 6/24/94-4-2 1 IV, Add the following paragraph 34 to said Development Agreement: 2 34. CITY and COUNTY agree, pursuant to paragraph 25 of this Development Agreement, that the monthly parking fee to CITY and COUNTY 3 for "contractor parking" shall be Twenty Dollars ($20,00) effective retroactively beginning June 1, 1994. Contractor parking is defined as 4 follows: 5 A. Parking provided by CITY in the Site 1 parking structure for contractors and construction workers when such contractors and 6 construction workers are working on construction of the police facility. 7 B. Parking provided by COUNTY in the Site 1 parking structure 8 or the "Super Block" parking facility (one of the "existing pay parking facilities" referenced in paragraph 18 of this 9 Development Agreement) for contractors and Construction workers when such contractors and construction workers are working on 10 construction of the proposed courthouse office building. 11 V. Add the following paragraph 35 to said Development Agreement: 12 35. CITY shall be entitled to free and exclusive use of the Plaza o-f the Flags subterranean parking area shown on Exhibit E, attached 13 hereto. CITY's entitlement to such use shall terminate at the time that CITY completes construction or begins occupancy of the police 14 facility, whichever occurs first. Such use shall be restricted to parking of official police vehicles. CITY may improve said parking 15 area with fencing, gates and other devices for security purposes. Upon termination of such use CITY shall remove all such improvements and 16 restore said parking area to the same or better condition than that it was in prior to CITY occupancy. 17 VI. Add the attached Exhibit E to said Development Agreement. 18 VII. All other terms and conditions of the Development Agreement 19 between CITY and COUNTY dated December 15, 1987, as amended, shall remain the same. 20 21 22 23 24 25 26 27 28 \D0CUMENT\DEVAG2-1.AMD _ 3 RA 6/24/94-4-3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed this Second Amendment to Development Agreement the day and year first above written, APPROVED AS TO FORM; County Counsel By Date z" RECOMMENDED FOR APPROVAL General Services Agency Real Estate By, Real Property Agent SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Phyls A. Henderson Clerk/of the Board of Supervisors \D0CUMENT\DEVAG2-1.AMD RA 6/24/94-4-4 - 4 - MW CITY OF SANTA ANA By: Daniel H. Young, Ma fgym f"FEST: AN I C E C' f3 'L�' "`f APPROVED AS To FORM CO PEER EDWA 0 C Fy C Ty 1-1 EY ITY At COUNTY COUNTY OF ORANGE NS 'toe By Chairman, Board of -9—Upervif6ors 10F. SHELT( ijx; > ;j J." J: if > A 11VI T. M bnirA SITE 11 SURFACE LOT (CITY POLICE FACILITY SITE} LOWEL _STREET OLIVE STREET is FLOWER STREET GARNSF-Y STREET PARTON STREET�—j. 7 _ ROSS STREET . df, 1. ' i'z INIgHx.A. '4 z -8 Ac e A a-7 t N, L "I"", J 1211, "?,111 1 N, p 1 GA 1644-4 VIOAK Civic Center Parking c P rp 1 ("Y' 13,,NI C I L 2 Phase I Development I,) A"; E 3 4 5 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 6 THIS FIRST) TO,- EVELOPM 4MENDMENT ENT AGREEMENT, is made and entered into this day of 1991, by and between the CITY OF 7 SANTA--ATA ("CITY") and th6,'COUNTY OF ORANGE PICOUNTY"), without regard to number or gender. 8 9 RECITALS 10 A. On December 15, 1987, CITY and COUNTY entered into a Development Agreement for 11 development of parking facilities in the Santa Ana Civic Center. 12 B. CITY and COUNTY agree that certain changes and additions are needed to 13 provisions of said Development Agreement for: 1. Adjustment of parking facilities parking rates, 14 2. Parking for events held in Eddie West Field, 3. Validated parking for users of the Santa Ana Public Library, 15 4. Parking operations at the Old County Courthouse, 5. CITY and COUNTY contributions for any operating or lease payment deficits, 16 and 6. Proposed CITY use of a portion of Site I for a police facility. 17 7. City vehicle parking. 18 NOW, THEREFORE, CITY and COUNTY hereby agree to amend said Development Agreement as follows: 19 I. Delete in its entirety paragraph 18 of said Development Agreement and 20 substitute the following: 21 18. It is the intent of the parties hereto that all revenues derived from the Phase I Facilities together with the revenues derived from those existing pay parking 22 facilities which are currently contributing to the maintenance of the Civic Center shall collectively be used to meet the Lease Payments and maintenance requirements 23 of the Civic Center. Said revenues ("Parking Revenues") shall be deposited within an interest bearing Parking Facilities Account (and disbursed) at the direction of 24 COUNTY's Manager of GSA/Facilities Operations Division in accordance with the 25 following schedule: 26 27 DA:nd:lmc:sw 3795w-1 -1- 28 7-25-91 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1st Priority - funding of day-to-day repair, maintenance and operating costs which are not.provided by the parking lot operators and which are necessary,to insure the continued operation of the Phase 1 Facilities. Insurance premiums, payments towards insurance deductibles or any other payments towards insurance claims shall be considered to be day-to-day operating costs. (Should the amount required to fund said day-to-day repair, maintenance and operating costs exceed the available Parking Revenues, CITY and COUNTY shall contribute equal amounts to make up such deficit.); 2nd Priority - if, after satisfaction of priority one above there are Parking Revenues remaining, payoff of Lease Payments on the certificates of participation as required by OCPFC. (Should the amount of the Lease Payments ever exceed the available Parking Revenues, CITY and COUNTY shall contribute equal amounts to make up such deficit.); 3rd Priority - if, after satisfaction of priority two above there are Parking Revenues remaining, funding of regularly scheduled maintenance of Civic Center grounds and structures. (Should the amount required to fund regularly scheduled maintenance exceed the available Parking Revenues, CITY shall contribute 44% of the amount necessary to make up the difference and COUNTY shall contribute the balance.); 4th Priority - if, after satisfaction of priority three above there are Parking Revenues remaining, funding of special maintenance projects in Civic Center. (Should the amount required to fund special maintenance projects exceed the remaining Parking Revenues, CITY shall contribute 44% of the amount necessary to make up the difference and COUNTY shall contribute the balance.); 5th Priority - if, after satisfaction of priority four above there are Parking Revenues remaining, CITY and COUNTY shall be reimbursed for all funds previously advanced under Priorities l and 2 above, with interest at the County Treasurer's comingled pool rate for the applicable time periods. If funds are remaining beyond such reimbursement, then such funds shall be used for funding of new joint (CITY/COUNTY) capital projects. Should there be insufficient Parking Revenues remaining to completely fund new projects CITY and COUNTY shall, by separate agreement, determine how such projects shall be funded. If, however, no joint capital projects are planned or should CITY and COUNTY fail to agree on a method(s) for funding such capital projects then those Parking Revenues remaining shall be divided equally between CITY and COUNTY and each party may expend its share of such Parking Revenues at its sole discretion. DA:nd:lmc:sw 3795w-2 7-25-9T -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY and COUNTY agree that staff time devoted to the development of the Phase 1 Facilities is non-compensable. II. Delete in its entirety paragraph 19 of said Development Agreement and substitute the following: 19. Neither party shall hold a Major Stadium Event at Eddie West field during County business hours which are 6:30 a.m. to 5:30 p.m. on Mondays through Fridays, excluding County -observed holidays. For the purposes of this Agreement a "Stadium Event" shall be defined as any public or private gathering at or within Eddie West Field. An "Event Holder" shall be defined as any individual, group, organization, business or entity which conducts (or causes to be conducted) any Stadium event. A "Major Stadium Event" shall be defined as any Stadium Event which is estimated to create a parking demand in excess of 300 spaces. A. Attendees of Stadium Events held during normal County business hours shall be required to pay the prevailing parking rates established for the use of the Site 1 Facilities and all such parking fees collected shall be considered to be Parking Revenues as that term is defined in paragraph 18 above. B. Parking fees charged Stadium Event or Major Stadium Event attendees outside normal County business hours shall be collected by the parking lot operator under contract with COUNTY referred to in paragraph 6 above. Said parking fees shall be as follows: 1) Attendees of Stadium Events or Major Stadium Events sponsored by the CITY or COUNTY or held by Event Holders which are high schools or colleges located in Orange County shall not be charged for parking in the Site 1 surface parking lot and shall be charged One Dollar ($1.00) per vehicle for parking in the Site 1 parking structure. 2) Attendees of Stadium Events or Major Stadium Events held for commercial purposes shall be charged a minimum of Three Dollars ($3.00) per event per car for parking in all Site 1 parking facilities. The Santa Ana City Manager may adjust this amount upward for any single Stadium Event consistent with prevailing event rates in the Orange County area. 3) During Stadium Events or Major Stadium Events held on Saturdays, Sundays and County observed holidays parking charges for Site 1 Facilities will comply with 1) and 2) above; however, there will be no charge for parking in the Civic Center parking facility known as the Superblock parking lot (MOU site No. 3). C. Hours of operation of the Site 1 surface parking lot and Site 1 parking structure during Stadium Events will be determined according to written procedures to be mutually agreed upon by the City Manager and the Director or their designees. Exceptions to this paragraph 19 for Stadium Events and other events sponsored by CITY or COUNTY may be granted by mutual agreement of the City Manager and the Director or their designees. DA:nd:lmc:sw 3795w-3 7-25-91 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III. Delete in its entirety paragraph 21 of said Development Agreement and substitute the following: 21. CITY shall be entitled to: A. Reserve up to Three Hundred (300) parking spaces within the Site 1 parking structure for use by CITY's employees. CITY shall pay for such parking an amount based on the then established monthly parking rate for the COUNTY parking area. B. Validate 91,000 hours of parking each year ("Validation Year") in the Site 2 parking structure free of charge for the sole use -of the Santa Ana Public Library ("Public Library") patrons. This amount of hours ("Annual Hours") represents annually 35 parking spaces for each normal operating hour of the Public Library when the Site 2 parking structure is in operation. Within 60 days of the end of each Validation Year, CITY shall reimburse the Parking Facilities Account an amount equal to the number of hours validated in excess of the Annual Hours. Should the total of validated hours be less than the Annual Hours of the unused hours of credit shall be forfeited. For the purpose of this paragraph 21 the first Validation Year shall commence when Public Library is reopened after renovation and end June 30, 1992. If the first Validation Year is less than a full twelve months the Annual Hours shall be prorated according to the actual length of said first Validation Year. Each subsequent Validation Year shall end June 30. C. Reserve up to Fourteen (14) parking spaces within the Site 2 parking structure free of charge to be used solely for City executive parking and City pool vehicles. IV. Delete in its entirety paragraph 23 of said Development Agreement and substitute the following: 23. Use of those CITY parking areas shown on Exhibit C shall be limited solely to parking for vehicles necessary for the operation of Eddie West Field. V. Delete in its entirety paragraph 25-of said Development Agreement and substitute the following: 25. Subject to the process described in this paragraph 25, the monthly, daily, and hourly parking rates for all Civic Center parking facilities shall be -adjusted and become effective on May 15 in subsequent odd -numbered years of this Agreement. Said adjustment, hereinafter known as the CPI Adjustment, shall be proportionate to the change in the Consumer Price Index for Los Angeles - Anaheim - Riverside (All Urban Consumers - All Items) as promulgated by the Bureau of Labor Statistics of the United States Department of Labor for the period of time between the date of the most recent previous parking rate adjustment and the subsequent adjustment date. DA:nd:lmc:sw 3795w-4 7-25-91 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 .19 20 21 22 23 24 25 26 27 28 Parking rate adjustments shall be calculated by means of the following formula: R = A x (B/C) Where R = Adjusted parking rate A = The parking rate which is subject to adjustment B = Monthly index for the fourth month prior to the month in which the adjustment is to become effective C = Monthly index for the fourth -month prior to the month in which the most recent previous adjustment became effective In the event the Consumer Price Index is not issued or published for the period for which an adjustment is required, or the Bureau of Labor Statistics should cease to publish said index figures, then any similar index published by any other branch or department of the United States Government shall be used and, if none is so published, then another index generally recognized as authoritative shall be used by agreement between CITY and COUNTY. All hourly adjustment made pursuant to the above formula shall be rounded to the nearest five cents ($0.05). All daily adjustments shall be rounded to the nearest twenty-five cents ($0.25). All monthly adjustments shall be rounded to the nearest one dollar ($1.00). Prior to implementation of any CPI Adjustment the Director will conduct a market survey of parking rates for comparable facilities. The Director and the City Manager will review the market survey and said CPI adjustment. Upon the Director and the City Manager each finding that said adjusted parking rates are representative of the range of rates in the market survey, the CPI Adjustment will be implemented as provided for in this paragraph 25. In the event that the Director and the City Manager mutually agree that the parking rates for any Phase 1 parking facility are not competitive with other parking facilities in the Civic Center area, then the Director and the City Manager may by mutual written agreement lower the parking rates for such Phase 1 facility to levels that are competitive in the Civic Center. Also, the Director and City Manager may by mutual written agreement adjust the monthly parking rate charged for County and City employee parking in the Site 2 Parking Structure to a -level below the monthly parking,rate charged to others, but not lower than the monthly parking rate for parking in the Site 1 Parking Structure. Notwithstanding the foregoing, Civic Center parking rates may be adjusted at other times and/or by other methods by mutual written agreement of CITY and COUNTY. VI. Delete in its entirety paragraph 30 of said Development Agreement and substitute the following: DA:nd:lmc:sw 3795w-5 i-25-91 -5- 1 2 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 30. This Development Agreement includes the following, which are attached hereto and made a part hereof: a. Exhibit A - Site 1 location b. Exhibit B - Site 2 location C. Exhibit C - CITY and COUNTY parking areas d. Exhibit D - Old Courthouse Parking Lot VII. Add the following paragraph 31 to said Development Agreement: 31. COUNTY will construct, at no cost to CITY or the Parking Maintenance Fund, the Old Courthouse parking lot shown on Exhibit D attached hereto. CITY shall at no cost to COUNTY or to the Parking Maintenance Fund collect all parking meter revenue from said parking lot and perform minor maintenance and repair to parking meters as needed. All other costs associated with the operation, maintenance, repair and replacement for said parking lot shall be offset by Parking Revenues in accordance with the schedule of priorities as set forth in paragraph 18, above. All revenues derived from said parking lot shall be included in the Parking Revenues as that term is defined in paragraph 18. CITY shall deposit such revenue on the day of receipt into the Parking Facilities Account referred to in paragraph 18. VIII. Add the following paragraph 32 to said Development Agreement: 32. CITY and COUNTY agree to consider amendment to this Agreement to allow CITY to use the portion of Site l known as the Site 1 surface lot for development and operation of a police facility. IX. Add the attached "Exhibit D" to said Development Agreement. X. All other terms and conditions of the Development Agreement between CITY and COUNTY dated December 15, 1987, shall remain the same. DA:nd:lmc:sw 3795w-6 7-25-91 a 0 VA 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed this First Amendment to Development Agreement the day and year first above written. ATTEST: JANICE C, GIJY CLERK OF THE COUNCIL APPROVED AS TO FORM: County Counsel B ? RECOMMENDED FOR APPROVAL: General Services Agency Real Estate Division I By Ra "ProperZtyAglent SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. LINDA D. RUTH Clerk of the Board of Supervisors DA:nd:lmc:sw 3795w-7 7-25-91 -7- CITY City of Santa Ana By APPROVED AS TO FORM COUNTY COUNTY OF ORANGE Oro �w^°I CZ. Chairman, Board of S 04rvisors cr arc cF yTF' 9 N Ld C7 E Q tj N SANTA.ANA BLVD. r Exhibit D