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HomeMy WebLinkAboutORANGE, COUNTY OF (26)n 10 11 12 13 14 15 16 GA 1644-4 Civic Center Parking Phase 1 Development DEVELOPMENT AGREEMENT A-1IV.-101 THIS IS A DEVELOPMENT AGREEMENT, made a� h, r Is— , 19870 by and between the CITY OF SANTA ANA ("CITY") and the COU1 y c 1 R NGE C NTY"); without regard to number and gender.•... RECITALS A. As used in this agreement, the term "Civic Center" shall mean that general geographical area in Santa Ana, California which is bordered by Sycamore Street or> the east, Shelton Street on the west, Civic Center Drive on the north, and Santa Ana Boulevard on the•south, which area includes a number of public buildings operated and maintained by CITY and•COUNTY, respectively, for the performance of essential j government functions. a. CITY and COUNTY have dointiy determined that the current demand for parking spaces In Civic Center exdeeds- the supply by approximately ],400 spaces and that this deficiency isexpectedto grow unless now Civic Center parking facilities are provided. W C. CITY and COUNTY mutually agree that it would be In 'the public's best interest•to 18 cooperate in the construction of additional parking facilities in Civic Center. 19 0. By Memorandum of Understanding ("MOU") dated January 20, 1987, CITY and COUNTY agreed on five potential sites for construction of such additional parking 20 facilities. Said MOU specified that construction would be accomplished in phases'and targeted two sites in Civic Center for the first phase of development. The locations 21 of these two sites are generally shown on Exhibits "A!' and 'IS" which exhibits are attached hereto and made a part hereof by reference. `ihe site shown on Exhibit A 22 shall hereinafter be referred to as "Site '" and the site shown on Exhibit 8 shall hereinafter be referred to as "S :1yref h parking facilities to be constructed on 23 these sites are hereinafter wile tiverred to as "Phase 1 Facilities." ( Y 24 E. ' Title.to Site 1 is nominally held'by the Orange County Civic Center Authority ("Authority") a ao1nt.RnwOE5.Asen Y formed by CITY and COUNTY, however, for all 25 practical purposes CITY 'is the owner of Site 1 in that pursuant to a non-cance)able` lease currently in effect between CITY and the Authority CITY has exclusive control 26 over Site I and, upon the eventual dissolution of the Authority, fee title to Site 1 will automatically vest in CITY. 27 28 GScda:nd 0599w-1 -1- 12-3-07 F. Title to Site 2 is also nominally held by the Authority; however, pursuant to 2 non -cancelable leases which are currently in effect CITY and COUNTY each have control over a portion of Site 2, and upon eventual dissolution of the Authority, fee title to 3 a portion of Site 2 will automatically vest in CITY, and fee title to the remaining portion will automatically vest in COUNTY, •4 G. CITY and COUNTY contemplate that construction of the Phase 1 Facilities will be* financed through the delivery and sale of certificates of participation using the non-profit Orange County Public Facilities Corporation ("OCPFC"), Authority or similar 6 entity as an intermediary. Such arrangement will require CITY and COUNTY to sublease their interests in Sites 1 and 2 to OCPFC who shall cause the construction of the 7 Phase i Facilities. OCPFC shall release Sites i and 2 and the Phase 1 Facilities to COUNTY through a financing document ("Financing Lease") under which COUNTY shall make 8 periodic payments ("Lease Payments") to OCPFC. }' 9 H. CITY and COUNTY shall jointly participate in the development and management of the Phase I Facilities and shall share in the benefits accruing therefrom as set forth in 10 this gevelopment Agreement. 11 NOW, THEREFORE, in consideration of these recitals and the covenants and conditions t" 12 contained herein, CITY and COUNTY -hereby agree as follows., �. x3 I. COUNTY shall: ; _L4 1.: Do all things necessary to insure that construction of•the Phase l Facilities complies with the provisions of the California Environmental Quality Act ("CEQA")' '. 15 ,where the provisions of'said Act apply, 16 2. •Serve as the lead agency in acquiring financing for construction of the Phase 1; 11 -Facilities.- In. its capacity as lead agency COUNTY shall deliver the Financing Lease 17 as security for such financing, and the structure of such financing shall be consistent with Recital G above. la • 3. Retain the services 'of a licensed architect/engineer firm ("A/E") to design the 19 Phase l Facilities and to •create all, necessary construction documents relating thereto. 20 A. .,Upon completion of said -construction documents, and the securing of financing;.;;; retain the services of a 7Icensed general contractor(s) who, in conjunction with 21 OCPFC, shall effect construction of .the Phase 1 Facilities, 22 Construction of such facilities shall' be accomplished in phases with construction of the facilities an Site I ("Site 1 Facilities") to commence upon completion of the 23 facilities on Site 2 ("Site 2 Facilities"), The purpose of such phasing Is. to keep; available as many Civic Center parking spaces as is practicable during construction of 24 the Phase 1 Facilities, To this end CITY and COUNTY agree to cooperate to the fullest extossible in .scheduling construction activities and arranging for interim ,. 25 parking (if needed), 2611 5, Administer both the design and construction contracts. 27 28 G5:da:nd 0599w-2 -2- 12-3-87 4 9 10 11 12 6, Upon completion of j nstruction of the 4talwFacIIIties award a concession contract for the operation, routine cleaning, and 'non-structural maintenance of such facilities. Additionally, upon completion of construction of the Site 1 Facilities,',• award a concession contract for the operation, routine cleaning, and non-structural maintenance of the such facilities. Ail concession contracts shall be consistent'i r.'_ form and content with those currently in affect at other Civic Center parking•. facilities (sub,iect to applicable logal requirements for the retention of the Federal tax -exemption of the interest components of the Lease Payments), and shall' stipulat;e:" that the hours, of operation shalI,be determined in a manner consistent with the methdd by which hours of operation are determined at other Civic Center parking facilities... 7. Perform or cause.to be performed all maintenance on Phase 1 Facilities which is not performed either by parking lot operators under the.conces,,lion contracts awarded by,COUNTY pursuant to paragraph 6 above, or. by CITY pursuant to the provisions of paragraph'10 below. COUNTY's cost for such -maintenance shall be reimbursed�ln accordance with the schedule of priorities as set forth in paragrap 18 below. 8. Maintain or cause to be maintained policies of insurance covering the Phase 1, Facilities as required in Section 5.3 (Provisions Regarding Insurance) of the Parking Facilities Lease Agreement ("Facilities lease") between COUNTY and OCPFC relating•t.0.:. the Phase l Facilities'. COUNTY's cost for such insurance policies shall he re ed'• in accordance with the schedule•of priorities as set forth in paragraph 18 below.,1,,,5;: 9,' Prio,r t6"commenceme'nt of operations of the Site 1 Facilities; -take whatever .actions are necessary,to provide for attendant -controlled access to that COUNTY ,.• parking *'area which is located at the'southeast corner of the intersection of Ssixth'and' Shelton Streets, in Civic. Centar, as generally shown on Exhibit. "C".which exhibit'j's' attached hereto and.made i part hereof by reference. Such-attentant»controiled:•access... ... shalt include,fee collection equipment 'and devices similar ta'that installed, at the surface parking lat'on,Site 1. • COUNTY"s cost,of providing such attendant -controlled + access, shall be,considered to be an 9 ap Caj-fig cast.which'sha11'be.re, LLCSed to County' In accordance with the schedule of pr orities as set forth in paragraph 18 below 18 11, CITY shall; 19 10, Maintain or cause to be maintained the grounds (i.e., landscaping, sidewalks, driveways, etc,) ad,iacent,to and/or surrounding the Phase 1 Facilities, For the 20 purposes of this paragraph said grounds are -considered to be 'Joint Areas"'as defined in paragraph 3 of that Agreement dated November 3, 1970, between CITY and COUNTY, which Agreement defines the Civic Center maintenance responsibilities of each party,: 21 CITY's costs for maintaining said grounds shall be refmburs in accordance with the 2 schedule of priorities as set forth in paragraph le'6elow. 22 11, Do all things necessary to eliminate all on -street parking within all non-residential zoned areas bordered by Main Street on the east, Bristol Street on the 2411 west, Washington Avenue on the north and First Street on the south, except 'however' all metered and tima restricted parking shall not bes�j.ecyta?� this,•provision, CITY 26 further agrees to use its best efforts to eliminate or substantially reduce non-resident, on -street parking in those residential -zoned areas which are located 26 within the area defined in the immediately preceding sentence, 27 28 OS:da:sf 0599w-3 -3- 1Z-h-87 5 6 7 9 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12. Withhold permit approval far all prfivate development within One Thousand Five Hundred (1,500) feet of Civic Center ("the Fringe Areas") which does not conform to the parking requirements as established by CITY's planning and/or zoning codes and ordinances which are in effect on the date of this Agreement except, however, CITY, at Its sole discretion,•may grant parking variances to those developers who can reasonably demonstrate that conformance with CITY's parking requirements would create an unreasonable and unjustifiable, economic hardship on the developer. CITY agrees, that immediately upon its receipt of any request for a parking variance within the Fringe Areas, CITY shall notify,COUNTY's Manager of GSA/Real Estate Division' of sudh request and CITY shall not grant approval of such request without having first allowed COUNTY the opportunity to offer its comments and suggestions relative to the parking variance. CITY•shall not grant parking variances within the Fringe Areas as en inducement to encourage development. CITY agrees that CITY shbill.exercise its influence with the CITY's redevelopment agency to encourage said agency's oompiiahge with the provisions of this paragraph. 111. CITY AND COUNTY mutually agree as follows: 13. CITY and COUNTY shall have equal control over the management and use of•tlae !"' Phase i Facilities.. 14. CITY and•COUNTY shall jointly and/or separately execute leases, subleases, operating agreements or other such documents as may be required to provide for they financing, construction and operation of the Phase 1 Facilities; provided,- however, that such documents shall be consistent with the terms and 'intent of this Agreement:` I$:^ This,Agreement shall remain in full force and effect throughout the useful life of the•.;Phase.l Facilities, and termination of the Facilities Lease shall have•rro effect on the term of this Agreement. Any subsequent development on Sites 1 and,2 occurring either during or beyond the useful life of the Phase 1 Facilities and/or'the- term of this Agreement, shal I be subject to the mutual'agrnement of CITY and COUNTY. 15, CITY and COUNTY shall jointly participate in the design of the Phase 1 Facilities, Each party shall appoint three representatives to serve on an Architectural Review Committee which shah review and approve the designs, plans and specifications as they are developed, CITY and COUNTY shall each use its best efforts to effect completion of the designs, plans and specifications within the shortest practicable time•frame. 17. Funding for the A/E contract will iuiti,al2y come from the Parking/Maintenance Fund of the Authority, with the understanding that, to the extent legally permissible, such amounts will be reimbursed to said Parking/Maintenance Fund from the proceeds, of the sale of certificates of participation by OCPFC. 18, It is the intent of the parties hereto that all revenues derived from the Phase l Facilities• tagether•with'G4eeveaatadei.ved from those,.existing pay parking facilities which are currently contributing to the maintenance of the Civic Center shall collectively be used to meet the Lease Payments and maintenance requirements of the Civic Center. Said revenues ("parking Revenues") shall be deposited within an interest bearing Parking Facilities Account (and disbursed) at the direction of COUNTY's Manager of GSA/Facilities Operations Division in accordance with the following schedule: GS:da:rh 05Rgat-4 12-4-87 _4_ •I 1st Priority _ funding of day-to-day repair, gaintenance)nd operating costs which 2 are not provided by the parkin ators and which are necessary to insure the continued operation of the Phase 1 8 facilities. lnsurancon�rm _ __ iums= payments towards insurance is deductibles or any other payments towards insurance claims sha'11 be 4 considered to be day -to o eratln sts..:(Sliould the amount. -• require to fund said day -to- ay repair, maintenance and operating costs exceed the available Parking Revenues, COUNTY shall- Independentiy contribute the first 4100,000 towards the make-up•Of' such-deffcit. Thereafter, CITY and COUNTY shall contribute equal's . amounts to make up any remaining deficit.); 2nd priority - if,•after satisfaction of priority one abov`d there'are•Parking Revenues remaining, payoff of Lease Payments on the certificates of participation as required by OCPPC. •(Should the amount of the Lease 9 Payments ever exceed the'availabie Parking Revenues, COUNTY shall'''; Independently contribute the first $100,000 less any amounts` 10 contri;tuted by COUNTY pursuant to Priority I above, towards the make-up of such deficit. Thereafter,- CITY and COUNTY shall 11 contribute equal amounts to make up any remaining deficit.), 12 3rd priority a .if, after satisfaction of priority two above there are Revenues remaining, funding of regularly sc�reduled Intenanc `of, SCtdMu`6A��yr+A'" 'Civic Center grounds and structures. (Should the amoun quired.to ow' fund regularly scheduled maintenance exceed the available Parking 14 Revenues, CITY shall contribute 44% of the amount necessaq to make• up the difference and COUNTY shall contribute the balance.), I5 4th priority - if, after satisfaction of priority three above there are Parking ' IO Revenues remaining, funding of special maintenance projects in Civic Center. (Should the amount required to fund special maintenance ' 17 projects exceed the remaining Parking Revenues, CITY shall contribute 44% of the amount necessary to make up the difference and Is COUNTY shall contribute the balance.); 19 5th priority if, after satisfaction of priority four above there are Parking Revenues remaining, CITY. and County shall be reimbursed for all, . 24 funds previously advanced under Priorities) and 2 above, with'' Interest at the County Treasurer's comingled pool rate for the 21 applicable time periods, provided, however, Jthat COUNTY shall "o-' a reimbursement fo�all indepde ennt contributions made by 22 County together with applicable interest) prior to CitY's participation in such reimbursements. If funds are remaining beyond 23 such reimbursement, then such funds shall be used for funding of new joint (CITY/COUNTY) capital projects, Should there be insufficient 24 Parking Revenues remaining to completely fund new projects CITY and COUNTY shall, by separate agreement, determine how such prciect_s. 25 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 nag such capital projects then those Parking Revenues remaining shall be divided equally between CITY and COUNTY and each party may expend 27 GS ado of its share of such Parking Revenues at its sole discretion. 28 0599w-5 -5. `12-4-87 z 1. r' CITY and COUNTY agree that staff time devoted to the development of the Phase l 2 Facilities is non-compensa.bie. -•.-- w 3 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 4 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, t'A major 5 Stadium event shall be defined as any Stadium event which .is estimated to',create'•a ,' '. parking •demand ,in excess of 300 spaces, Event Holders desiring to use all or any portion of the Site l Facilities In f' •7 conjunction with any Stadium event shall be charged a maintenance and operations„fee 'For -such use ("User•Fee").• An Event Holder shall be defined a;,,any individual,v.grouii,`; 8 organization, business or entity,which conducts (or causes to be conducted) any Stadium event'.,. The amount of the User Fee shall be established -by mutual agreement' between CITY and COUNTY and shall be sufficient in amount'to cover the estimated maintenance and operating costs associated with 'the Event. Holder's use, User Fees shall bejaid'.in . O advance to CITY which -shall, within three working days after receipt thereof,' deposit', suoh'User Fee into the Parking Facilities Account which account is referred -to in. Ii paragraph 18•above, x2' . Should an Event Holder elect to charge Stadium event attendees for use of the Site,l Facilities said Event Holder shall, - 'in addition to the -above User Fee, pay supplemental 13, rent for the'use:af•the Site 1 Faci1ities in an amount equal to Fifty per cent (50S),.of ail parking fees collected, less the amount of .the required User Fee,. except,.. however,.'• -should the amount of the User Fee exceed 5% of the parking fees collected, no v. ,.> supplemental rent shall.•be charged... Supplemental rent (if any) shall be paid by:'the` 15 Event Holder.to`CITY•within three working days following completion of the event,' CITY shall, within three working days following receipt of,such rental, deposit.the recital,; _ x6 into the Parking Facilities Account, i 17 The provisions of this paragraph are not intended to impose any requirement upon arty . Event Holder to charge Stadium event attendees for use of the Site I Facilities. 18 Notwithstanding any -of the foregoing, attendees of Stadium events which are scheduled 19 during County business hours shall be required to pay the prevailing parking rates ., established for the use of the Site l Facilities and tall such parking fees collected 20 shall be considered to be Parking Revenues as that term is defined in paragraph 18:, above, User Fees and rental payments shall not apply to Stadium events which are " 21 scheduled during County.business hours. 22 Exceptions to this paragraph may be granted by mutual agreement of CITY's Manager and COUNTY's Director of General Services Agency or their designees, 23 20,' COUNTY shall be entitled to reserve parking spaces within the Site 1 Facilities 24 for use by individuals serving on jury panels at the Orange County Courthouse in Civic Center. The number of juror parking spaces which COUNTY may reserve sha4beaequal .to 25 400 parking spaces as of the date of this Agreement plus 22 additional parking spaces for each additional trial courtroom in said Orange County Courthouse which becomes 26 operational subsequent to the date of this Agreement. Juror parking spaces provided pursuant to this paragraph shall be provided without charge to the jurors, the CITY, or 27 the COUNTY, and the cost of providing such parking shall be considered to be a non-compensable operating expense, 28 GS:da:sf 0599w-6 -6_ 12-4.57 7 1a 11 12 14 15 16 17 18 1s 20 21 22 23 24 25 27 28 Management of the Site 1 Facilities will require jurors to park within either the surface parking lot on Site l (as shown on Exhibit A) or the County parking area (shown on Exhibit C) until such time as these parking areas are full. If, however, these parking areas are full, jurors will then be directed to park within the Site 1 parking structure. 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 parking structure for use by COUNTY's employees. COUNTY shall pay for such parking an amount based an the then established monthly parking rates foo Site 1 parking structure. COUNTY shall ' further be ent t e to reserve up t 0 " of the parking spaces within the COUNTY parking area shown on Exhibit C for use by COUNTY's -_ __�. .. employees.,j,COUNTY sha17 pay for vvui�i� parKtna..araa. .. - - 21. CITY shall be entitled to reserve up to Three Hundred (300) parking spaces within the Site l 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 Site l parking structure. 22, For the purposes of this•agreement, the COUNTY parking area shown on Exhibit C shall be included in the parking concession contract covering the Site 1 Faciiitle�.' .. All revenues derived from said ,parking area shall be included in the Parking Revenues as that term is defined in paragraph.18 above and all costs associated with the' •operation and.maintenance of,said,parking area shall be offset by Parking Revenues.in• accordance with .the schedule'of priorities as set forth 'in paragraph 18.E Far uurooses. of this agreement, the. County parkingarea shall not be cons' ere to be 'a portion of . 23. Upon commencement of operations of the Site 1 Facilities, those CI1Y'parking areas shown on Exhibit C shall not be used by CITY as a parking facility. 24. Parking fees for the Phase 1 Facilities shall be as'follows: Hourlx Rate Daily Rate Monthly Rate Site 1 Parking Structure $0.75 $5.0025,00 Site 1 Surface Parking• 0„25 2,00 40.00 County Parking Area (Exhibit C) 0.25 2.00 25.00* Site 2 parking Structure 1150 10„00 80,00 "'Monthly rate available to COUNTY and/or CITY employees only - all other persons/entities must pay hourly or daily rates. GS.da:jh 0599w-7 12-7-87 _7_ 1 No free parking shall be provided within the area bordered by Civic Center Drive on the north, Sixth Street on the south, Flower Street on the east and Shelton Street an the west. 3 25. The monthly, daily, and 'hourly parking rates for all Civic Center parking 4 facilities shall, as a minimum, be subject to an adjustment on the second and subsequent even -numbered anniversary dates of this agreement. Said adjustment shall 5 be proportionate to the change in the Consumer Price Index for Los Angeles -Anaheim Riverside (All Urban Consumers - All'Items) as promulgated by a the Bureau of Labor 6 Statistics of the United States Department of Labor for the period of time between the execution date of this agreement and the adjustment date, Said adjustments shall ,;.• 7 become effective on the adjustment date, which shall be the second and subsequent even -numbered anniversary dates of this agreement, l' •Parking'rate adjustments shall be calculated by means'of the following formula; R A x' (8 - C) 10 Where': R = Adjusted Parking Rate 11 A = The parking rate which is subject to adjustment B = Monthly,index for the fourth month prior to the month in which the ` 12 " adjustment is to become effective C r Monthly index for the fourth month prior to the month in which this .,S agreement was executed'by County. 1� 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;•, 15 publish said index figures, then any similar index published by any other blanch or, .: department.of the United States Government shall be used and, if none is so published, j6 then. another index generally recognized as authoritative shall be used by agreement••' between CITY and COUNTY. 17 All 'hourly adjustments'made pursuant to the above formula shall be rounded to the'.:,. 18 nearest five cents (TQ.05). All daily adjustments *shall be rounded to the nearest':.' I twenty-five ($O.25). All monthly adjustments shall be rounded to the nearest one 19 dollar (11.00). 20 Notwithstanding any of the foregoing, Civic Center parking fees may be adjusted at"•" other times by other methods by mutual written agreement of CITY and COUNTY. 21 26.. Upon commencement 'of operations of the Phase 1 Facilities and provided further 22 development of parking facilities is determined to be warranted and feasible, CITY and COUNTY shall commence development of additional parking.facilities.,in a manner 28 consistent with the terms and conditions of this Agreement. As provided in the MOU such development may occur on one or more of the following sites, or on such other, 24 sites as CITY and COUNTY may mutually agree upon: 25 a, the present surface parking lot south of Santa Ana City Hall (MOU site No.X3) 26 b, the present surface parking lot west of County's Hall of Administration (MOU. site No. C COUNTY agrees that all Parking Revenues derived from this site shall 27 be applied to the debt service and maintenance requirements of the Civic Center 'at such time as this Site is further developed, 28 GS:da:sf •0599w»8 4- i2-4-07 5 6 7 8 9 10 11 12 13 14 1.6 17 18 19 20 1 f f -27. Neither CITY nor COUNTY shall grant, convey or otherwise alienate its .interest(s1. in Site 1 and/or Site-2 without the prior written consent of the other. 28. All written notices pursuant to this Development Agreement shall be addressed as' set forth below 'or as either party may hereafter designate by written notice and shall be.personally delivered or sent through the United States mail. TO: CITY ' TO: COUNTY City of- anta Ana County of b'range City Manager Director, General Services Agency 2O.Civic Center Plaza14 Civic Center Plaza Santa Ana, CA 92.701 Santa Ana, CA 92701-4047 'and � ,ti. County of Orange .' GSA/Real Estate Division 14 Civic Center Plaza Santa Ana, CA 92701-4047 29. This Development Agreement sets forth the entire agreement between CITY^and- COUNTY-with respect' to the development. and operation of the Phase 1 Facilities and any, modification must be in the form of a written amendment,: 30. • This Development Agreement includes the following, which are attached hereta,�an. made a part hereof:' a Exhibit A - Site 1 location .b. Exhibit 6 - Site 2 location c,,' Exhibit C - CITY and COUNTY parking areas Y' 21 22 tt2} 3 25 26 27 GS:da:sf 28 0599w-9 12-4 -87 IM 1 IN WITNESS WHEREOF, the parties have executed this Development Agreement the day and' 2 year first abova written.' 3 CITY 4 City of Santa Ana 5 , 6 Daniel H. Young, ayo APPROVED AS TO FORM: County Counsel.' d� By 9 RECOMMEN44 FOR APPROVAL - County WCRNEPYE O FORM xO y d nistra office 11 CIR By - 'General'Services'•Agency'.'.. 'Facfiitjes b Real Property Architect & Engineer Division 14 16 Facilities Operations •DiV an 17 8y CHARLES S. NEIOERMAN 18 Real E ivisi 19 20 By ea arty . nt 21 22 SIGNED AND CERTIFIED THAT A COPY OF COUNTY THIS DOCUMENT.HAS BEEN OELIVERED"TO 23 THE CHAIRMAN OF TTIE BOARD. COUN1"Yt OF ORANG 24 (�' / 25 B9 i LINDA D. ROBERTS /2- rV "., C man Board of Superv.,sncs ' 26 Clerk of the Board of Supervisors ,• ,.. -- � � ;v ' of Grange County, California u� 28 GS:da:rh 0599W-10 -1Q- 12-4-87 u EXHIBIT A w F � J r I'm • Iy . .71 rr-- , i 1 I � 4 ppi t 1ry1ry11 -� �• ! II �n��+ r OGwr i 4—etc, �Cii 1 Y� 4 .Sire 2 a ;.. .t..,,:-;4q •�.� ,:::�-r --t{ � : „ i .•».•••-SAHTe.••••• ?,iwA ^%F"Ta# �. ary`i j..#: f w ,S � 4✓I."..F � II�.4 r , � 3 G ,.�.:..t �.®_ 5:1: '1 • •• ( IRC 7HSYBGGT e �. KIII1t1 CK4IM fif��;l4�3F�: �II1 ,irtll-'.t own •, TCNTN...-.-, • r. '_-,4�i. •..e_•j_ C G R®"Yy� SI L (O [ • �'.-w.0 l Y... Iw 1E lP Ip 1} IS171 s City Parking Areas ` ) # flnmllSSfRIIIfIiil S�EiF tl DC S_ x� O W � ME Rc E County'Parkidq Area 1a W x 3Q I «aas \ \\\\\\\\\\*tin\\\\\\\ii� [ T I �- s• •i HH#IINNININ111H .M.�,.,.•«..--r_..� SANTd sQIlLaY,—I I � rl C 1 pppppprye. f i R � ` 1 �`^•j ^SaCANq i I xI`" �i1lafili�>. � TtF City And County Parking Areas EXHIBIT C 2 3 4 5 6 '7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GA 7644-4 Civic Center Parking Phase I Development FIRST AMENDMENT TO OEVELOPMENT AGREEMENT THIS FIRS,_gENDMENT TO DEVELOPMENT AGREEMENT, is made and entered into this G day of l.��e �yff` 1991, by and between the CITY OF SANTA ANX-FTITY") anc t�" T`�t7F �OUNTY'% without regard to number or gender. RECITALS A. On December 15, 1987, CITY and COUNTY entered into a Development Agreement for development of parking facilities in the Santa Ana Civic Center. B. CITY and COUNTY agree that certain changes and additions are needed to provisions of said Development Agreement for: I. Adjustment of parking facilities parking rates,. 2. Parking for events held in Eddie West Field, 3. Validated parking for users of the Santa Ana Public Library, 4. Parking operations at the Old County Courthouse, S. CITY and COUNTY contributions for any operating or lease payment deficits, and 6. Proposed CITY use of a portion of Site 1 for a police facility. 7. City vehicle parking. NOW, THEREFORE, CITY and COUNTY hereby agree to amend said Development Agreement as follows: I. Delete. in'Its entirety paragraph 18 of said Development Agreement and substitute the following: 18. It is the intent of the parties hereto that all revenues derived from the Phase 1 Facilities together with the revenues derived from those existing pay parking facilities which are currently contributing to the maintenance of the Civic Center shall collectively be used to meet the Lease Payments and maintenance requirements of the Civic Center. Said revenues ("Parking Revenues") shall be deposited within an. interest bearing Parking Facilities Account (and disbursed) at the direction of COUNTY's Manager of GSA/Facilities Operations Division in accordance with the following schedule: DA:nd:lmc:sw 3795w-I -1- 7-25-91 2 Ccl 4 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 -today 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 balancel; 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 1 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 shalt, 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($) 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:lmccsw 3795w-2 7-25-91 -2- 3 4 8 9 10 11 12 18 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 6:30 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 I 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 Tot 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 i 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 I 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. DArnd:lmc:sw 3795w-3 7-25-91 -3- 4 5 6 8 9 10 11 12 1s 14 15 16 17 18 19 20 21 22 23 24 25 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 Tess 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 Fiend. 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 ail 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 - Ail 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. 26 27 DA:nd:lmc:sw 3795w-4 28 7-25-91 -4- 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 0 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 ($1.90). 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 Structurg 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 7-25-91 -5- 11, 2 3 4 5 6 7 & 9 10 11 12 18 14 15 16 17 is 19 20 21 22 23 24 25 30. This Development Agreement includes the following, which are attached hereto and made a part hereof: . a. Exhibit A - Site 1 location b. Exhibit 8 - 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 78, above. All revenues derived from said parking lot shall be included in the Parking Revenues as that term is defined in paragra h 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 apolice 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. 26 27 DA:nd:imc:sw 3795w-6 28 7-25-91 -6- , 2 S 5 6 7 8 8 1a 11 12 13 19 18 16 17 18 19 20 21 22 29 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: #AN�ICE C. ' CLERK OF THE COUNCIL APPROVED AS TO FORM: County Counsel 7-2,G-9( RECOMMENDED FOR APPROVAL: General Services Agency Real Estate Division By a raper y gent _ �"" SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Clerk of the Board of Supervisors DA:nd:lmc:sw 3795w-7 7-25-91 CITY City of Santa Ana By , APPROVED TO FORM COUNTY COUNTY Of ORANGE airman, oar of rvisors cll.` t0 C�. SANTA.ANA SLVD, Exhibit D I GA 1644.4 Civic Center Parking 2 Phase 1 Development 3 4 5 SECOND AMENDMENT `CO DEVELOPMENT AGREEMENT 6 , 7 THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT, is made and entered into this - s CQCA._ day of ZIL-/ , 1994, by and between the 8 CITY OF SANTA ANA ("CITY.") and the COUNTY OF ORANGE ("COUNTY',), without regard to number of gender. 5 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. 15 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 addi•tion,•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 Jot 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 L (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 2.7 for those construction.workers and contra.ctors.constructing said police facility and said Central Courthouse addition. 28 \C WENTWW,02. 1.APm RA 6124/94•6.4 10 11 12 13 14 15 16 17 is 15 20 21 22 23 24 25 26 27 28 Provide interim secured parking at no charge for CITY's official police vehicles, and clarify the location for juror parking. NOW, THEREFORE, CITY and COUNTY hereby agree to amend said Development Agreement as follows; Delete in its entirety paragraph 20 of said Development Agreement and substitute the following, 20. COUNTY shall be entitled to reserve parking spaces within the Site 1 parking structure for use by individuals serving on jury panels at the Orange County Courthouse in the Civic Center, The number of 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 December 15, 1997) plus Twenty Two (22) additional parking spaces for each additional trial courtroom in said orange County Courthouse which becomes operational, subsequent to the date of this Agreement. juror parking spaces provided pursuant to this, paragraph shall be provided without charge to the jurors, CITY, or COUNTY, and the cost of providing such parking shall be considered to be a non-compensable operating expense. In addition to juror parking, COUNTY shall also be entitled to reserve up to One Thousand One Hundred (1,lo0) parking spaces within the Site 1 parking structure for use by COUNTY's employees. COUNTY shall pay for such parking an amount based on the then established monthly parking rates for the Site i parking structure. COUNTY shall further be entitled to reserve up to 100W of the parking spaces within the COUNTY parking area shown 'on Exhibit C for use, by. COUNTY's employees. COUNTY shall pay for such parking. an amount based on the then established monthly parking rates -for the: COUNTY parking. area. - II. Delete in,its entirety paragraph 32 of said Development Agreement and substitute the following; 32. CITY and -COUNTY agree that notwithstanding all other provisions of this. Development Agreement, that- certain portion of Site l known as� the Site 1 surface lot, shown on 11rxhibit.E," attached hereto, is not subject to the terms and conditions of this Development Agreement and is reco4nixed as the property of CITY for use as a police facility or whatever other uses CITY may choose. II. Add the following paragraph 33 to said Development Agreement, 33; CITY and COUNTY agree that COUNTY is entitled, for the purpose Of constructing and operating COUNTY's addition to its Central Courthouse (hereinafter referred to as the "courthouse office building") to withdraw from the "existing pay parking facilities," referenced in paragraph 10 of this ,Development, Agreement, the area identified. as "Courthouse Office. Building Site," as shown on Exhibit E, attached hereto, \DOCUME:Nr\DEVAO2-I.AM 2 VA c/W9".2 I IV. Add the following paragraph 34 to said Development Agreements 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 e, Parking provided by COUNTY in the Site 1 parking structure 8 or the "Super Block!' parking facility tone of the "existing pay parking facilities" referenced in paragraph 16 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 paxagraph 38 to said Development Agreement: 12 35. CITY shall be entitled to free and exclusive use of the Plaza of 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 VT. Add the attached exhibit B to said development Agreement.. . Vii. All othei terms and conditions of the Development Agreement 19 between.CITY and COUNTY dated December 15, 1987, as amended, shall remain the same. 20 /1 21 22 23 24 25 26 27 28 \D0CVH8KC14EVAa2->..u� 3 nt 6/2at94•a0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 W. IN WITNESS WHEREOF, the parties have executed this Second Amendment Co Development Agreement the day and year first above written, APPROVED AS TO FORM: County Counsel By Date RECOMMENDED FOR APPROVAL General Services Agency Real EAea ate Byroper LyA ge CITY CITY OF SANTA ANA im r Daniel H. Young, ATTEST: #JANICCC C. OUY ' CLERK CF THE C ...s TO FORM d'.I� � lily C to GGi'{„ City Manaw SIGNED AND CERTIFIED THAT A COUNTI COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE. CHAIRMAN OF COUNTY OF ORANGE TFIE BOARD. By t2.. Phyll ,s A. Henderson cha.rman., Bo'a—rd of upetva ors Cler of the Board of Supervisors \WCNI MOCVAC3•I.AM BA 6/24/94.4.4 4 a srrE I SURFACE 40T (CITY POLICE FACILITY SITE) 17 FLOWER STREET .), 111111W .. .. . .............. iqd, COURTHOUSE omcE: BUILDING SITE El EXHIBIT E (GA 1644-44) ROSS STREET GA 1644-4 Civic Center Parking (Phase 1 Development) MEMORANDUM DEVELOPMENT AGREEMENT Civic Center Parking AGREEMENT NO. 1 Adjustment to Parking Rates This Agreement No. 1 is made this 1991, under the authority delegated per paragraph 25 of the of i he Development Agreement between the City of Santa Ana and the County of Orange, dated December 16, 1987, and amended August 7, 1991, By this mutual written agreement the Director of the General services Agency of, the County of Orange and the City Manager of the City of Santa Ana hereby adjust the monthly parking rate charged for County of Orange and City of Santa Ana employees in the Site 2 Parking Structure (the Courthouse Parking Structure) from $100,per month to the rate of $40 per month. This rate of $40 per month is equal to the rate charged for monthly parking in the Site 1 Parking Structure (the Stadium Parking Structure) and is consistent with the provisions of said paragraph 25 of the Development Agreement. In the event that the Stadium Parking Structure monthly rate is increased or decreased, then this Courthouse Parking Structure monthly rate for county and City employees will be automatically adjusted to remain equal to said Stadium Parking S;ructurq/�r—Ote. i ¢AVID N. REAM R. A. SCOTT, DIRECTOR CITY MANAGER GENERAL SERVICES AGENCY CITY OF SANTA ANA COUNTY OF ORANGE RA:ra GA 1544.4 Civic Center Parking (Phase 1 Development) MEMORANDUM DEVELOPMENT AGREEMENT Civic Center Parking AGREEMENT NO.2 Adjustment to Parking Rates This Agreement No. 2 is made this A/ 1993, under the authority delegated per paragraph 25 of the Development Aireement between the City of Santa Ana and the County of Orange, dated December 15, 1987, and amended August 7, 1991, By this mutual written agreement the Director of the General Services Agency of the County of Orange and the City Manager of the City of Santa Ana hereby adjust the monthly parking rate charged to the general public at the Site 2 Parking Structure (the Courthouse Parking Structure) from $100 per month to the rate of $75 per month. This rate of $75 per month, which is competitive in the Civic Center area and is consistent with the provisions of said paragraph 25 of the Development Agreement, shall become effective July 1, 1993. DAVID N. REAM R. A. OTT, DIRECTOR CITY MANAGER GENERAL SERVICES AGENCY CITY OF SANTA ANA COUNTY OF ORANGE GA 1644.4 Civic Center Parking (Phase i Development) MEMORANDUM DEVEIWOPMENT AGREEMENT Civic Center Parking AGREEMENT NO.3 Major Stadium Event Exceptions to Development Agreement This Agreement No. 3 is made this 1994, under the authority delegated per paragraph 19 of the Development Agreement b een the City of Santa Ana and the County of Orange, dated December 15, 1987, and amended August 7, 1991. By this mutual written agreement, the Director of the General Services Agency of the. County of Grange and the City Manager of the City of Santa Ana agree to the following exceptions to said paragraph 19 for the City of Santa Ana sponsored Santa Ana Unified School District's high school graduation ceremonies (the "Graduation") to be held on Wednesday, the 1Sth day of June, 1994r L Major Stadium Event - the Graduation, which is a Major Stadium Event, may be held during County business hours. 2. Parking Rates - On the day of the Graduation, the parking rate for each vehicle parking in the Site 1 parking structure (the Stadium Garage) shall be Three Dollars ($3.00). Parking rates in any other facilities subject to the terms of the Development Agreement shall be the prevailing parking rates established for the use of those facilities. CITY MANAGER. CITY OF SANTA ANA \0=AQR-N0-3 BERT SCOTT, DIRECTOR GENERAL SERVICES AGENCY COUNTY OF ORANGE GA 1644.4 Civic Center Parking (Phase 1 Development) MEMORANDUM DEVELOPMENT AGREEMENT Civic Center Parking AGREEMENT NO.4 Major Stadium Event Exceptions to Development Agreement This Agreement No. 4 is made this ,1995, under the authority delegated per paragraph 19 of the Development A eement between the City of Santa Ana and the County of Orange, dated December 15, 1987, and amended August 7, 1991, By this mutual written agreement, the Director of the General Services Agency of the County of Orange and the City Manager of the City of Santa Ana agree to the following exceptions to said paragraph 19 for the City of Santa Ana sponsored Santa Ana Unified School District's high school graduation ceremonies (the "Graduation') to be held on Thursday, the 15th day of June, 1995: 1. Major Stadium Event - the Graduation, which is a Major Stadium Event, may be held during County business hours. 2. Parking Rates - On the day of the Graduation, the parking rate for each vehicle parking in the Site 1 parking structure (the Stadium Garage) shall be Three Dollars ($8.00), Parking rates in any other facilities subject to the terms of the Development Agreement shall be the prev,ailing,parking rates established for the use of those facilities. DAVID N. REAM CITY MANAGER CITY OF SANTA ANA & �', ��, a //,Xo / — RO ERT A. GRIFFITh' IRECTOR GENERAL SERVICES AGENCY COUNTY OF ORANGE MEMORANDUM DEVELOPMENT AGREEMENT Civic Center Parking AGREEMENT NO, 5 Stadium Events Parking Rate Adjustment This Agreement No. 5 is made this August 6,1998, under the authority delegated per paragraph 19 of the Development Agreement between the City of Santa Ana and the County of Orange, dated December 15, 1987, amended August 8, 1991 and July 26, 1994 . By this mutual written agreement, the Director of the Public Facilities and Resources Department of the County of Orange and the City Manager of the City of Santa, Ana agree to the following changes to said paragraph 19, 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 be charged Two Dollars ($2.00) per vehicle for parking in the Site 1 parking structure (Stadium Garage), Parking rates in all other parking facilities subject to the terms of the Development Agreement shall be the prevailing parking rates established for those facilities. 2. Attendees of stadium events or major stadium events which are privately sponsored shall be Five Dollars ($5.00) per vehicle for parking in the Site I parking structure (Stadium. Garage). Parking rates in all other facilities subject to the terms of the Development Agreement shall be the prevailing parking rates established for the use of those facilities. 3. During major stadium events held an Saturday, Sunday, or holidays, should not all attendees be able to be parked in the Stadium Garage facility, the Civic Center parking facility known as the Superblock can be staffed for event parking. Parking rates for the Superblock will comply with 1 and 2 above. CITY OF SANTA ANA CV;JWB:I•C,Dnwntown:porkirig:agmt no. 5 COUNTY OF ORANGE