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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 �w.r `nrri 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 'rrr° W "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 `�r✓ ire 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 y Title: Mayor ATTEST: �(JQ�.ew Bonnie I. Walton, City Clerk Approved as to Form i. ity of Renton Attorn City of Renton/King County Agreement Municipal Garage Parking Agreement Page 5 of 5 14.r 1010, LAG-04-003 N WT 4TN6LOORP�F Livel�t nn w's ✓✓✓ Renton Garage Agreement DOTY Exhibit A i ta.�.��M ac�•r «�rwtir>G —._ j Stxde,riahi�mn7S!7x i i 3 yrL6NtlJC# M 10 ® - a «mtbass r _.......� ®t Rentor Garage go } Exhibit A Page 1 of 4 (not to scale) LR-D LAG-04-003 Renton Garage Agreement DO SHFLOORPlrk'ngteye' tduua@R urS ExhibitA DOTY cx[�a. dwA�: �y{ �E1bi96SS i I r 3 1 i t t i Ian s itr*M Exhibit A Page 2 of 4 , (not to scale) LP•E LAG-04-003 N Renton Garage Agreement _ dt'HFLOf7�Charki�gLerel NT s��;aa;a;�t� .i S Exhibit A DOT�t Ccs Amdft dWk _- �� � Sdn(tWwtk�t�'96tk1. �� F. 7fbM19M� r 3 � �3124iA h6ii 3 3 W.rdrd SF)YT3434t 3. sl ® m Reom Garage A m y�C�µ[ t 1FI/ � I F.,:. &4 173Atl2 MIN e Exhibit A Page 3 of 4 LP- (not to scale) _ t� LAG-04-003 Renton Garage Agreement H Exhibit A WT 7TH FLOOR Mitt Level srtwAaF%� Nss S DOT) t � Kia r, T— I i as DV dWA 72N It A"M SYA �.. i Seek,Wdgxaa�l3i ! fu 2%441 M r E s2utm i Renton Garage i r , 0*4w ram t 3 t )eras 0R4P.9tW Exhibit A Page 4 of 4 (not to scale) 014 %rr I%W LAG-04-003 (F) 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