HomeMy WebLinkAboutORANGE, COUNTY OF (32)P Jr
1 GA 1644-4
Civic Center Parking
2 Phase 1 Development
4
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SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
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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
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A. December 15, 1987, CITY and COUNTY entered into a Development
11 Agreement for development of parking facilities in the Santa Ana Civic
Center.
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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.
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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.
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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,
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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
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1 4. Provide interim secured parking at no charge for CITY's
official police vehicles, and
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5. Clarify the location for juror parking.
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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:
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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:
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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 -
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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.
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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.
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VI. Add the attached Exhibit E to said Development Agreement.
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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.
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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
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CITY OF SANTA ANA
By:
Daniel H. Young, Ma
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AN I C E C' f3 'L�' "`f
APPROVED AS To FORM
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COUNTY
COUNTY OF ORANGE
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By
Chairman, Board of -9—Upervif6ors
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SITE 11 SURFACE LOT
(CITY POLICE FACILITY SITE}
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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
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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:
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27 DA:nd:lmc:sw
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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.
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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.
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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.
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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:
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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.
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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
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CITY
City of Santa Ana
By
APPROVED AS TO FORM
COUNTY
COUNTY OF ORANGE
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Chairman, Board of S 04rvisors
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Exhibit D