HomeMy WebLinkAboutLease `'•" "' LAG-04-003
PARK AND RIDE GARAGE AGREEMENT
Between the
City of Renton and King County
THIS AGREEMENT is made and entered into this 1st day of June, 2004 by and between
THE CITY OF RENTON, its successors and assigns, hereinafter together called the "Owner",
and KING COUNTY, acting through its Department of Transportation, its successors and
assigns, hereinafter together called "KCDOT".
WHEREAS, the Owner and KCDOT together built the Renton Transit Center at South
Second and Burnett Avenue South in downtown Renton to be the focus of transit service in the
Renton area; and
WHEREAS, the Owner built an $8.5 million dollar parking garage at South Second and
Burnett Avenue South to serve the public parking need in downtown Renton; and
WHEREAS, excess parking is currently available in the garage; and
WHEREAS, in order to maximize usage of the Renton Transit Center and increase
utilization of public transportation, additional parking is needed for transit customers; and
WHEREAS, the Owner is willing to allow transit customers to use space in its parking
garage according to the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the terms, conditions and covenants herein
contained, the sufficiency of which is hereby acknowledged, the parties hereto agree to the
following:
1. Purpose: This Agreement is intended to encourage the "Owner" to permit transit and
rideshare commuters, hereinafter called "commuters", to use of a portion of the "Owner's"
property (hereinafter referred to as "Premises" and described in Exhibit A which is attached
hereto and made a part hereof) for a park and ride lot. Nothing herein shall be construed as
creating a tenancy between "KCDOT" and the "Owner".
2. Payment: In consideration of "KCDOT" paying the sum of Ten Dollars and 00/100's
10.00 per parking space per month, the "Owner" agrees to allow commuters to use 100
parking spaces located on the "Premises" located on floors 4, 5, 6 and 7 and as shown in Exhibit
City of Renton/King County Agreement
Municipal Garage Parking Agreement
Page 1 of 5
A, under the terms and conditions stated herein. Concurrent with the execution of this
Agreement and each quarter thereafter, until the Agreement is terminated, "KCDOT" agrees to
make payment in advance of Three ThousandDollars and 00/100 ($3,000.00), the amount due for
the following quarter for use of the parking spaces referenced above. If the demand for parking
increases and the parties mutually agree that more than 100 spaces are needed, the "Owner"
agrees to allow commuters to use up to 99 additional parking spaces located on the "Premises"
and as shown in Exhibit A, under the terms and conditions stated herein and in consideration of
"KCDOT" paying the additional sum of Fifteen Dollars and 00/100's ($15.00), per month for
each additional parking space. If the demand for parking further increases and the parties
determine that up to, but not exceeding 200 total parking spaces are needed, the "Owner" agrees
to allow commuters to use up to 200 parking spaces located on the "Premises" and as shown in
Exhibit A, under the terms and conditions stated herein and in consideration of"KCDOT" paying
the sum of Fifteen Dollars and 00/100's ($15.00), per parking space per month, or Nine
Thousand Dollars and 00/100 ($9,000.00) to be paid quarterly. The parties agree that said
payment is complete and full and that no further amount shall be due for any wear, maintenance
or damage accruing to the "Premises". No fee shall be charged to commuters for parking in the
garage under the terms and allowable time periods covered by this Agreement unless mutually
agreed to by the Owner and KCDOT in writing prior to imposing said fees.
3. Term: This Agreement shall be in full force and effect and binding upon the parties
hereto beginning June 1, 2004 and shall continue thereafter until terminated in accordance with
this section. After the first five years of this Agreement or on or about May 30, 2009, and every
5 years thereafter for a period of 15 years orreg ater, the parties will survey vehicle occupancy
the building. If 80% of the City's fee based 361 parking spaces are utilizated by the public on
typical weekdays between 9 am and 6 pm, , then the parties shall agree to renegotiate the terms of
the Agreement to allow the city to recover up to Twenty Dollars and 00/100 ($20.00) per space
per month, for the 200 parking spaces described in Section 2 above, or a quarterly sum not to
exceed Twelve Thousand Dollars and 00/100 ($12,000) (2004 dollars) as adjusted for Seattle
Area Consumer Price Index and reduced by any amounts previously paid by KCDOT. If the 80%
threshold in this section is not exceeded, payment shall not exceed that provided in Section 2
above except that the reimbursement may be adjusted annually for the Seattle Area Consumer
Price Index. The Agreement may also be terminated by either party by giving 365 days written
notice to the other party of the intent to terminate. If this Agreement is terminated, the "Owner"
agrees to return to "KCDOT" any unearned portions of the quarterly payment.
4. Use of Premises: The "Premises" shall be used for a park and ride lot, vehicular access
for parking for commuters, ingress and egress for, and all similar and related uses. Such use
shall not include buses, vans, or trucks with a gross weight exceeding 10,000 pounds. "KCDOT"
shall not create or maintain on the "Premises" any nuisance or in any way violate generally
applicable laws, ordinances and public regulations now or hereafter in effect.
City of Renton/King County Agreement
Municipal Garage Parking Agreement
Page 2 of 5
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5. Access and Use: Commuters shall have primary right to use the Floors 4, 5, 6 and 7 of
the "Premises" as described in Exhibit A from Monday through Friday between 5:00 A.M. and
11:00 P.M., except for holidays. By advance prior written agreement with the Owner, KCDOT
may use the above space on weekends without additional charge to provide parking for special
events such as sporting events, special shows, or other major community activities. The "Owner"
shall have and retain the right to use the "Premises" during other hours. The "Owner" reserves
the ability to make other uses of the "Premises" which do not interfere with the commuters' use.
"KCDOT" shall have the right to enter upon the "Premises" at any time for purposes related to
this Agreement.
6. Limits of Use: "KCDOT" shall provide appropriate and suitable signs to the "Owner".
The "Owner" will post the signs showing the limits of the "Premises". "KCDOT" shall have the
right to approve the locations of such markings and signs, which approval shall not be
unreasonably withheld. Commuters shall be notified that the garage is closed weekdays between
11 PM and 5 AM.
7. Facility Management: The "Owner" shall be responsible for management, operations,
enforcement and maintenance and repair of the "Premises". The "Owner" shall supervise the
daily operation of the facility. The responsibilities include but are not limited to:
• Regular maintenance
• Prompt removal of graffitti and other litter
• Enforcement of ADA stall use
• Removal of blocking vehicles
• Removal of abandonded vehicles
• Removal of vehicles leaking fluids
• Responding to elevator alarms in the garage and taking steps to free any trapped users
• Responding to personal or property injuries reported/observed in the parking garage
• Responding to requests to release vehicles after hours
• Enforcement of hourly and overnight parking restrictions
• Enforcement of commuter parking restrictions
8. Liens and Improvements: "KCDOT" shall not permit any mechanic's or materialmen's
liens of any kind to be enforced against the "Premises" for any work done or materials furnished
thereon at the request of or on behalf of"KCDOT".
City of Renton/King County Agreement
Municipal Garage Parking Agreement
Page 3 of 5
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"Owner" shall be responsible for all costs associated with
-Premises". "KCDOT" shall only be responsible for the
i.ings a !,t which it installs during the life of this agreement.
10. Gov ornmental Charges: 1h.,- 'Owner" shall indemnify and save "KCDOT" harmless
from anv taxes, assessments or LOv,.:mIiiental charges of any kind which may be levied against
the "Premises".
11. Insurance: "KCDOT" agrees to maintain general liability insurance, including personal
injury and property damage covera Te, in an amount of at least one million dollars
($1,000,000.00) per occurrence. This requirement may be satisfied by self-insurance (to be
evidenced by a letter from "KCDOT"). "Owner" agrees to maintain such insurance coverage as
is customarily carried on comparable buildings in the City of Renton, or as "Owner" may
reasonably determine, with insurance companies that are authorized to do business in the State of
Washington. The amount of such insurance coverage shall not be less than commercially
reasonable insurance carried by owners of properties of similar nature and occupancies, and, so
long as there is no additional cost to the "Owner", shall name "KCDOT" as an additional
insured.
13. Accommodation: The parties agree to make reasonable accommodations with and to
work together to resolve problems that may arise from time to time. The "Owner" agrees to
provide special consideration for vehicles displaying an accessibility decal.
14. Successors and Assigns: This Agreement and each of the terms, provisions, conditions,
and covenants hereof shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and assigns.
15. Sims and Improvements: In consultation with the "Owner", "KCDOT" shall develop and
manufacture the lot identification and welcome signs for the parking facility. The initial set of
signs and specifications will be provided to the "Owner", at the expense of "KCDOT". The
"Owner" will, at its expense, install the signs in the garage at locations identified and agreed to
by both parties. The "Owner" shall, at its expense, be responsible for maintaining signs, as well
as the subsequent manufacture and replacement of removed and damaged signs.
16. Owner Covenants: "Owner" covenants that "Owner" holds fee simple title to the
Premises and has full right to make this Agreement for the uses and purpose herein provided.
City of Renton/King County Agreement
Municipal Garage Parking Agreement
Page 4 of 5
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17. Entire Agreement: This document contains the entire agreement between the parties and
supersedes all other statements or understandings between the parties.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the date herein
set forth.
KING COUNTY METRO TRANSIT DIVISION
By: Date
Darwinitarnlpbell, Acting General Manager
King County Metro Transit Division
Approved as to Form
Date:
eg County Deputy Prose turng Attorney
THE CITY OF RENTON
By: ��� Date: - 41-0
Kathy eolker-Wheeler
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Title:
Mayor ATTEST:
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Bonnie I. Walton, City Clerk
Approved as to Form
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ity of Renton Attorn
City of Renton/King County Agreement
Municipal Garage Parking Agreement
Page 5 of 5
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King County
Department of Transportation
Metro Transit Route Facilities
Mail Stop KSC-TR-0413
201 South Jackson Street
Seattle, WA 98104-3856
April 20, 2004
Dennis Culp, Community Services Administrator
City of Renton
1055 South Grady Way
Renton, WA 98055
Re: Letter of Understanding: Renton Municipal Garage Commuter Parking Operations
Dear Mr. Culp:
As follow-up to my April 9, 2004 letter, you communicated by e-mail that clear marking of the
commuter parking spaces in the garage is unacceptable to the City. While Metro strongly recommends
such marking as mentioned in the letter,the City is concerned about potential inconveniences to other
customers.
As per our discussion of April 14, the intent of this letter is to reach a compromise on how the garage will
be managed including measuring the thresholds outlined in the underlying agreement. The following is
proposed:
1. Directional signage will be provided for commuters to access the garage 5 A.M. to 11 P.M. on the
fourth floor and above. There are 361 parking spaces on floors four and above of which the City is
proposing to reserve up to 200 spaces for commuter use per our pending agreement. We agree that no
spaces on these floors will be marked at this time (first come, first served).
2. Metro understands the City will automatically close the garage doors at 11 P.M. restricting entry.
3. Metro will conduct once a month "Commuter parking" counts of vehicles parking in the garage
(during the beginning of the month on a Tuesday, Wednesday or Thursday) at the end of the AM peak
commute period to document"Commuter parking" in the garage. Metro will conduct late evening
counts once a month (during the beginning of the month on Tuesday, Wednesday or Thursday) to
document "Long-term parking" in the garage when the thresholds for parking fee increases mentioned
in the agreement appear to be reached.
4. The City will provide the County with documentation of monthly subscribers to the garage including
vehicle license information that the City certifies as being eligible for residual "Long term parking".
5. Monthly parking counts will be averaged quarterly. "Long-term parking" counts as documented
above will be subtracted from"Commuter parking"counts as noted above for the purpose of
establishing the formula for quarterly payments as cited in the proposed agreement thresholds.
6. Given the uncertainties of parking demand,the parties agree to meet bi-annually, or as otherwise
necessary, to review garage operations and parking controls. Additional signage beyond that provided
by the County at the start of operations will be the responsibility of the City.
'irr w LAG-04-003
Dennis Cole
April 20, 2004
Page Two
The undersigned believe this letter of understanding is consistent with the intent of the proposed
underlying agreement, and that the agreement,when formally executed between the County and
the City, shall prevail if there are any conflicts in interpretation.
Sincerel yours,
Le nard Madsen, Supervisor
Metro Transit Route Facilities
Reviewed and approved this day of April, 2004.
Dennis Culp, Co ity Services Administrator
City of Renton