HomeMy WebLinkAbout2013-08-14_PBD_AppendicesAPPENDIX A
Sample Parking Benefit District Ordinances
BALBOA VILLAGE PARKING BENEFIT DISTRICT & SHARED PARKING IMPLEMENTATION
APPENDIX A
City of Newport Beach
CITY OF VENTURA, CA
.7 :7 .71 Z r_1 blIq [y Q kH O W 1 r I 1 F' 21
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN BUENAVENTURA
AMENDING CHAPTERS 2.410, 2.455, 4.400, 16.215, 16.220 AND 16.225 OF
THE SAN BUENAVENTURA MUNICIPAL CODE FOR THE PURPOSES OF
REGULATING PUBLIC PARKING IN THE DOWNTOWN AND CREATING A
DOWNTOWN PARKING DISTRICT AND A DOWNTOWN PARKING
ADVISORY COMMITTEE
The Council of the City of San Buenaventura does ordain as follows:
Section 1. The City Council finds and determines as follows:
A. The City provides vehicular parking in the downtown area within parking structures,
upon surface parking lots, and upon public streets; and
B. The City has conducted a substantive review of current parking practices and
literature to determine the most effective ways of managing parking supply and
demand; and
C. The City has conducted public meetings about parking supply, parking demand and
parking management as a part of, and subsequent to, the development and adoption
of the Downtown Specific Plan; and
D. Based upon that review and subsequent public meetings the City Council adopted a
Downtown Parking Management Program as a part of the Downtown Specific Plan
that establishes a program of managing on- street and off - street parking to achieve a
15% vacancy rate through various programs and pricing outlined in the adopted
Downtown Parking Management Program; and
E. A vacancy rate of approximately 15% is necessary and desirable to facilitate
utilization of parking resources by as many different people as possible; and
F. Using metered parking to achieve a vacancy rate of 15% eliminates the need for time
restrictions on those metered parking spaces; and
G. The existing parking permit and parking meter ordinances require modification in
order to meet the changing parking demands; and
H. California Vehicle Code section 22508 authorizes cities to establish parking meter
zones and to fix the rates for such zones; and
I. The City Council has determined that a parking meter system is justified to defray the
cost of installation, operation, and control, as well as the costs of other parking
management activities; and
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J. This Chapter is for the dual purposes of regulating traffic and the parking of vehicles
and collecting fair and reasonable charges for parking services; and
K. Revenues from parking meters may be used not only in defraying the expenses of
installation, operation, and control of such parking spaces and parking meters, but
also those incurred in the control of traffic and enforcement of traffic regulations; and
L. Revenues from parking meters may be used to fund alternative transportation
programs, projects and enhancements that reduce the demand for, or increase
supply of parking resources in the parking district which receipts are generated; and
M. Nothing in this ordinance shall be deemed to affect any existing parking district.
Section 3. Chapter 2.455 is added to read as follows:
Chapter 2.455 Downtown Parking Advisory Committee
Sec. 2.455.010. Administration.
The director of public works, or designee, shall serve as the committee secretary and
custodian of its records but shall have no vote.
Sec. 2.455.020. Qualifications for Service.
A. One member shall be a City resident whose principal address is within the
Downtown Parking District Area.
B. Two members shall be business owners, operators or managers whose business is
within the Downtown Parking District Area.
C. Two members shall be the owners of commercial property situated within the
Downtown Parking District Area.
D. One member shall be a City resident of the recommended for appointment by a
downtown organization that has been identified by the City Council.
E. One member shall be a City resident appointed to represent parking users in
general.
Sec. 2.455.030 Duties.
The downtown parking advisory committee shall have the power, and it shall be its duty,
to:
1. Consider and make recommendations on issues or questions relating to downtown
parking.
2. Assist, advise, and make recommendations to the City Council, Planning
Commission, and staff, upon request of those bodies and persons.
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3. Advise on parking management strategies and programs in the Downtown Parking
District area.
4. Review and make advisory recommendations regarding management, maintenance
and operations of the Downtown Parking District, including such matters as
maintenance, operating and capital budgets, hours of operation, parking pricing
policies, valet programs, and employee commuter parking policies.
Section 4. Chapter 4.400 is added to read as follows:
Chapter 4.400 Downtown Parking District
Sec. 4.400.010. Establishment of District and of District Boundaries.
A Downtown Parking District is hereby established. The boundaries of the district shall
be the same as the Downtown Specific Plan Boundary as approved by the City Council
in March 2007, as it may be amended from time to time.
Sec. 4.400.020. Purpose.
The Downtown Parking District is established to manage public parking supply and
demand within the district boundaries as well as improve transportation and parking
related facilities and programs.
Sec. 4.400.020. Use of Revenue.
All revenues collected from parking pay stations, meters, leases, and permits, in the
Downtown Parking District shall be placed in a special fund, which fund shall be used
exclusively for activities benefiting the parking district. The specific authorized use of
revenues shall be as follows:
1. For purchasing, leasing, installing, repairing, maintaining, operating, removing,
regulating and policing of pay stations and /or parking meters in the parking district
and for the payment of any and all expenses relating thereto.
2. For purchasing, leasing, acquiring, improving, operating and maintaining on- or off -
street parking facilities.
3. For installation and maintenance of alternative mode programs, landscaping,
pedestrian linkages, sidewalk cleaning, street, way finding systems, and traffic -
control devices and signals.
4. For the painting and marking of streets and curbs required for the direction of traffic
and parking of motor vehicles,
5. For proper security within the district.
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City of Newport Beach
6. For the proper regulation, control, enforcement and inspection of parking and traffic
upon the public streets and off - street parking facilities.
7. To be pledged as security for the payment of principal of and interest on financing
mechanisms used by the city to meet any of the purposes authorized by this section.
8. For transportation and parking planning, marketing and education programs related
to the Downtown Parking District.
9. For construction and maintenance of public restrooms that enhance parking facilities.
10. Revenues from residential parking permits may, in addition to the foregoing, be
used for sidewalk, landscaping and other transportation, pedestrian or bicycle
enhancements on streets where the residential permit parking is provided.
Section 5. Section 16.215.030 is repealed and reenacted in its entirety to read as
follows:
Sec. 16.215.030 Parking prohibited during certain hours on certain streets.
A. Signs designating hours. When signs are erected in each block giving notice thereof,
no person shall park a vehicle between the hours specified by sign on any day
except Sundays and public holidays upon any of the streets so posted.
B. Twenty- four - minute parking. Green curb markings shall mean no standing or parking
for a period of time longer than 24 minutes at any time during' certain hours on any
day as posted. When authorized signs, pay stations, parking meters or curb
markings have been determined by the city traffic engineer, with the approval of the
city manager, to be necessary and are in place giving notice thereof, no operator of
any vehicle shall stop, stand or park said vehicle adjacent to any such legible curb
marking or sign or parking meter in violation thereof.
C. Forty- minute parking. When authorized signs, parking meters or curb markings have
been determined by the city traffic engineer, with the approval of the city manager, to
be necessary and are in place giving notice thereof, no operator of any vehicle shall
stop, stand or park said vehicle during certain hours of any day as posted, for a
period of time longer than 40 minutes.
D. One -hour parking. When authorized signs, pay stations, parking meters or curb
markings have been determined by the city traffic engineer, with the approval of the
city manager, to be necessary and are in place giving notice thereof, no operator of
any vehicle shall stop, stand or park said vehicle during certain hours of any day as
posted for a period of time longer than one hour.
E. Two -hour parking. When authorized signs, pay stations, parking meters or curb
markings have been determined by the city traffic engineer, with the approval of the
city manager, to be necessary and are in place giving notice thereof, no operator of
any vehicle shall stop, stand or park said vehicle between the hours posted of any
day for a period of time longer than two hours.
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City of Newport Beach
One -hour or two -hour parking in certain school neighborhoods. When authorized
signs, parking meters or curb markings have. Been determined by the city traffic
engineer, with the approval of the city manager, to be necessary and are in place
giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle
on any portion of a local street that is within a one - quarter mile radius of a high
school or college for a period of time longer than one hour between the hours of 8:00
a.m. and 3:00 p.m. of any day that the nearby high school or college is holding
classes. Notwithstanding the parking restrictions of this section, residents on those
streets where a parking restriction is posted contiguous to their residence pursuant to
this section may receive a preferential parking permit. Permits may be obtained at
City Hall by completing an application. The required application shall include, at
minimum, a valid California Department of Motor Vehicles registration showing the
address of the registered owner as meeting the requirements of this section. No
more than three permits will be issued per parcel. Each permit will require a separate
registered vehicle to which it is assigned. A fee will be charged and the permit will
remain valid for two years.
G Special event or construction permits. The city traffic engineer is authorized to issue
special permits to reserve parking spaces for special events or activities related to
construction or maintenance. A daily fee will be charged to the permittee.
H. Downtown residential parking permits. Notwithstanding the parking restrictions of this
section and when determined by the city traffic engineer, residents within the
Downtown Parking District on those streets where a one -hour, two -hour, or paid
parking restriction is posted may receive a preferential residential parking permit.
Permit stickers may be obtained at City Hall by completing an application.
Residential permits will be issued based upon on- street utilization, offstreet
utilization, impact from non - residential uses, impact to neighborhood commercial and
retail activity, existing land uses, nonconforming uses and other essential factors
determined by the city traffic engineer. The required application shall include, at
minimum, a valid California Department of Motor Vehicles registration showing the
address of the registered owner as meeting the requirements of this section. No
more than one sticker per residential unit will be issued. Each sticker will require a
separate registered vehicle to which it is assigned. A fee will be charged and the
permit will remain valid for two years.
Section 6. Section 16.220.010 is repealed and reenacted in its entirety to read as
follows:
Sec. 16.220.010. Generally.
A. Authority to establish loading zones.
1. The city traffic engineer is hereby authorized to determine and to mark loading zones
and passenger loading zones as follows:
(a) At any place in the central traffic district or any business district.
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City of Newport Beach
(b) Elsewhere in front of the entrance to any place of business or in front of any hall
or place used for the purpose of public assembly.
2. In no event shall more than one -half of the total curb length in any block be reserved
for loading zone purposes.
3. Loading zones shall be indicated by yellow paint upon the top of all curbs within such
zones and with markings indicating the time and days in effect.
4. Passenger loading zones shall be indicated by white paint upon the top of all curbs in
said zones and with markings indicating the time and days in effect.
B. Curb markings to indicate no- stopping and parking regulations.
1. The city traffic engineer, with the approval of the city manager, is hereby authorized,
subject to the provisions and limitations of this chapter, to place, and when required
herein, shall place, the following curb markings to indicate parking and standing
regulations, and said curb markings shall have the meanings as herein set forth:
(a) Red zones shall mean no stopping, standing or parking at any time except as
permitted by the Vehicle Code, and except that a bus may stop in a red zone
marked or signed as a bus zone.
(b) Yellow zones shall mean no stopping, standing or parking at certain posted hours
of any day except Sundays and holidays for any purpose other than the loading
or unloading of passengers or materials, provided that the loading or unloading of
passengers shall not consume more than three minutes nor the loading or
unloading of materials more than 20 minutes. Loading zones are in effect only for
posted hours as determined by the city traffic engineer, with the approval of the
city manager.
(c) White zones shall mean no stopping, standing or parking for any purpose other
than loading or unloading of passengers, or for the purpose of depositing mail in
an adjacent mailbox, which shall not exceed three minutes. White zones are in
effect only for posted hours as determined by the city traffic engineer, with the
approval of the city manager of any day except Sundays and holidays and except
as follows:
(1) When such zone is in front of a hotel, the restrictions shall apply at all times.
(2) When such zone is in front of a theater, the restrictions shall apply at all times
except when such theater is closed.
(d) Blue zones shall mean no stopping, standing, or parking at any time, except for
the handicapped, as defined and permitted by the Vehicle Code.
(e) When the city traffic engineer, as authorized under this section, has caused curb
markings to be placed, no person shall stop, stand, or park a vehicle adjacent to
such legible curb markings in violation of any of the provisions in this section.
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C. Effect of permission to load or unload.
1. Permission herein granted to stop or stand a vehicle for purposes of loading or
unloading of materials shall apply only to commercial vehicles and shall not extend
beyond the time necessary therefore, and in no event for more than 20 minutes.
2. The loading or unloading of materials shall apply only to commercial deliveries, also
the delivery or pick -up of express and parcel post packages and United States mail.
3. Permission herein granted to stop or park for purposes of loading or unloading
passengers shall include the loading of personal baggage but shall not extend
beyond the time necessary therefore and in no event for more than three minutes.
4. Within the total time limits above specified, the provisions of this section shall be
enforced so as to accommodate necessary and reasonable loading or unloading but
without permitting abuse of the privileges hereby granted.
Section 7. Section 16.220.060 is added to read as follows:
Sec. 16.220.060. Valet Parking
A. The city traffic engineer may permit valet parking stands to use public streets in such
places and in such a manner as he or she shall determine and approve. Valet
parking may be permitted only when the permittee demonstrates availability and
control of sufficient off - street parking to meet projected demand. A fee shall be
charged in an amount determined by the City Council.
B. Appropriate signs approved by the city traffic engineer shall identify each valet
parking stand. The signs shall be posted during operation hours at each location
where they take possession of vehicles. The sign shall identify the name, address
and telephone number of the operator, the rate charged and hours of operation. In
addition, the permittee shall be responsible for the cost of regulatory signage
determined to be necessary by the city traffic engineer.
C. The valet parking operator shall, upon receipt of each motor vehicle accepted for
valet parking, give a claim check to the owner. The claim check shall explicitly state
the terms and conditions under which the vehicle is being accepted. The valet
parking operator shall not disclaim the responsibilities of a bailee.
D. The city traffic engineer, police chief, or fire chief, or their designee, may suspend
valet parking operations, without prior notice or hearing, when it may interfere with
public safety efforts or programs, street improvement activities, special events,
construction activities, cleaning efforts or with the health, welfare or safety of the
public.
Section 8. Chapter 16.225 is repealed and reenacted in its entirety to read as follows:
Chapter 16.225 Parking Pay Stations and Parking Meter Zones
Sec. 16.225.010. Generally.
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City of Newport Beach
A. Parking pay station and meter zones are those streets or portions of streets
established by ordinance of the City Council as zones within which the parking of
vehicles may be controlled, regulated, and inspected with the aid of parking pay
stations or parking meters.
B. Parking pay stations and meter zones may be established in areas to manage the
supply of parking and to make it reasonably available when and where needed. To
accomplish this goal, a target on- street occupancy rate of eighty five percent (85 %)
is hereby established for pay station and parking meter zones.
C. The city traffic engineer shall cause parking pay stations or meters to be installed
and maintained in all parking pay station and meter zones. The maximum rate shall
be set by the City Council. During a fiscal year, the City Transportation Manager may
adjust pay station and meter rates up or down 50 cents per hour in 25 -cent
increment based on average occupancy rates in order to achieve a target occupancy
rate of eighty five percent (85 %). Any increase over 50 cents per hour in a fiscal year
shall require City Council approval.
Sec. 16.225.020. Manner of installation.
A. Parking pay stations and meters shall be installed upon the curb or sidewalk area
adjacent to parking spaces. Each pay station or meter shall be placed in such
manner as to show or display that the parking space is or is not legally in use.
B. Each parking pay station or meter shall be able to clearly display, after the
operational procedure has been completed, a sign or signal indicating when the
lawful parking period will expire for that space.
Sec. 16.225.030. Parking pay stations and meters.
A. Time of operation. The provisions of this ordinance relating to the operation of
parking pay stations or parking meters shall be effective for posted hours and days
as determined by the city traffic engineer.
B. Operational procedure to be followed. Immediately after occupancy of a paid parking
space, the operator of a vehicle shall deposit a coin or paper currency of the United
States or use a credit card or other acceptable form of payment in said parking pay
station or meter and follow operational procedures in accordance with the
instructions posted on the parking pay station or parking meter.
C. Unlawful to park after pay station or meter time has expired. No operator of any
vehicle shall permit said vehicle to remain parked in any parking space during any
time that the pay station or meter is illegally in use other than such time immediately
after the original occupancy as is necessary to operate the pay station or meter to
show legal parking.
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D. Unlawful to extend time beyond limit. No person shall allow a vehicle to be parked for
a period beyond the maximum legal parking time limit that has been established for
the parking space.
E. Improper use of pay station or meter. No person shall deposit, attempt to deposit, or
cause to be deposited in any parking pay station or meter any defaced or bent coin,
or any slug, device or metallic substitute for a coin of the United States, or deface,
injure, tamper with, open or willfully break, destroy or attempt in any manner to
impair the usefulness of any parking pay station or meter.
F. Deposit of payment in pay station or meter by unauthorized person. No person, other
than the owner or operator of a vehicle, shall deposit any acceptable form of
payment in any parking meter without the knowledge or consent of said owner or
operator of the vehicle using the parking space controlled by said meter or pay
station.
G. Parking pay stations, meters and parking meter standards not to be used for certain
purposes. No person shall attach anything to or allow a bicycle, news rack or any
other chapter or thing to lean against a parking pay station, parking meter or parking
meter standard.
H. Special reservation of parking pay station or parking meter spaces. The city traffic
engineer is authorized to issue special permits to reserve pay station or parking
meter spaces. A pay station space or parking meter space may be reserved for
special events or it may be reserved for activities related to construction or
maintenance, thereby allowing parking of commercial vehicles for the performance of
work . A daily fee will be charged to the permittee.
Sec. 16.225.040. Rule of evidence.
The parking or standing of any motor vehicle in a parking space, at which space the
parking meter displays the sign or signal indicating illegal parking, shall constitute a
prima facie presumption that the vehicle has been parked or allowed to stand in such
space for a period longer than permitted by this ordinance.
Sec. 16.225.050. Use of money deposited in parking pay stations and meters.
All moneys collected from parking pay stations, and meters in this city shall be placed in
a special fund, which fund shall be devoted exclusively to purposes within the
geographic boundaries of the parking district from which the revenue is collected. Such
moneys shall be used for the purposes stated in the parking district establishment
ordinance:
Sec. 16.225.060. Application of other chapters.
No section of this chapter shall be construed as permitting any parking in violation of any
other provision of this ordinance.
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Sec. 16.230.020. Permits for loading or unloading at curb.
A. The police department or city traffic engineer is authorized to issue special permits to
permit the loading or unloading of merchandise or materials subject to the terms and
conditions of such permit. Such permits may be issued either to the owner or lessee
of real property or to the owner of the vehicle and shall grant to such person the
privilege as therein stated and authorized herein.
B. It shall be unlawful for any permittee or other person to violate any of the special
terms or conditions of any such permit.
C. If the permit is in a parking pay station or parking meter zone, the permittee shall pay
an amount at least equal to the lost revenue of the parking spaces.
Section 9. No Effect on Existing Parking Districts.
The City Council does not intend this ordinance to be interpreted to have any effect on
existing parking districts within the City.
Section 10. CEQA Findings.
EXEMPTION, FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds that the enactment of the parking regulations pursuant to this
Ordinance is determined to be exempt under Section 15061 (b)3 of the of Title 14 of the
California Code of Regulations (the "State CECIA Guidelines ") in that the adoption of
these regulations will not result in reasonably foreseeable construction activities or other
physical activities, either directly or indirectly. It can therefore be foreseen that the
enactment of this ordinance does not have the potential to result in significant effects on
the environment.
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APPENDIX A
City of Newport Beach
CITY OF AUSTIN, TX
ORDINANCE NO. 2011006 -053
AN ORDINANCE AMENDING TITLE 12 OF THE CITY CODE TO ADD
CHAPTER 12 -6 ESTABLISHING A PARKING BENEFIT DISTRICT PROGRAM.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:
PART 1. Title 12 of the City Code is amended to add a new Chapter 12 -6 to read as
follows:
CHAPTER 12 -6 PARKING BENEFIT DISTRICTS.
12 -6 -1 DEFINITIONS.
In this chapter:
DIRECTOR means the director of the Austin Department of transportation or the
director's designee.
DISTRICT means a parking benefit district.
NEIGHBORHOOD ORGANIZATION means an organization that is registered as a
neighborhood organization with the City.
NOTICE OWNER means the owner of real property as shown on the records of the tax
appraisal district in the county in which the property is located.
12 -6 -2 PARKING BENEFIT DISTRICT.
A parking benefit district is an area defined by separate ordinance in which a
percentage of the funds collected from a paid parking space within district is used to
fund improvements that promote walking, cycling, and public transit use within the
district.
12 -6 -3 PARKING BENEFIT DISTRICT REQUIREMENTS.
(A) A district must include at least 96 paid parking spaces, the minimum number of
spaces required to pay for the expenses of maintaining and operating parking
pay stations and meters in the district.
(B) At the time that a district is created, the required paid parking spaces may
include both existing and new spaces.
(C) Fifty -one percent of the funds from the paid parking spaces within the district that
is in excess of the cost of maintaining and operating parking pay stations and
meters shall be set aside to pay for improvements within the district.
(D) Funds from the paid parking spaces may be used in conjunction with other city
funds available for neighborhood improvements within the district.
(E) The director shall determine the timing and order in which the improvements
identified in the ordinance creating the district will be initiated.
(F) Unless terminated earlier by Council, a district shall remain in existence until
each improvement identified in the ordinance creating the district is complete.
(G) The City may terminate a district if paid parking spaces do not generate more
than the amount needed to pay all annual expenses.
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12 -6 -4 APPLICATION TO CREATE A DISTRICT.
A representative of a neighborhood organization whose boundaries are
completely or partially located within the proposed district may file an application for a
district with the director.
12 -6 -5 PRE - APPLICATION REQUIREMENTS.
(A) A pre - application meeting with the director's staff is required.
(B) A pre - application community meeting is required.
1) The applicant shall convene a community meeting at least 2 weeks
before an application for the creation of a district is submitted to the
director.
2) Not later than two weeks before the community meeting, the applicant
shall:
a) Coordinate with staff to send notification of the meeting by
electronic mail to all registered neighborhood organization whose
boundaries are located:
i. Completely or partially within the proposed district; and
ii. Within 1500 feet of the proposed district;
b) A notice under Subsection (B)2 shall include the time,
date, location, subject matter, and applicant contact information.
12 -6 -6 APPLICATION REQUIREMENTS.
(A) The director shall establish submittal requirements for an application for the
creation of a district and for the modification of an existing district. At a minimum,
an application shall include:
1) The boundaries of the proposed district identified by streets and static
land features;
2) Ajustification for the proposed district;
3) A visual representation of the proposed block faces that have paid
parking spaces or that are proposed to have paid parking spaces;
4) Identification of other parking management tools that have been
requested;
5) Proposed improvement projects, in priority order, to be funded by parking
pay station and meter revenue, including an estimated timeline for project
completion and expected sustainability of the project;
6) A copy of the sign -in sheets from the community meeting; and
7) If a vote on the application occurred at the community meeting, the
results of the vote.
(B) The director may not accept an application unless the application is complete.
12 -6 -7 APPLICATION REVIEW.
(A) The director shall review each application for the creation of a district or the
modification of an existing district submitted under Section 12 -6 -6 (Application
Requirements). The director shall set the application for a public hearing and
shall provide the Urban Transportation Commission with:
1) A recommendation on the application; and
2) If a vote on the application occurred at the community meeting, the
results of the vote.
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(B) The Urban Transportation Commission shall hold a public hearing on the
application not later than the 601h day after the application is filed and shall submit
a recommendation on the application to the council.
(C) The council shall consider an ordinance for the creation of a proposed district or
the modification of an existing district not later than the 60`h day after the date of
the Urban Transportation Commission action on the application.
(D) An ordinance adopted by the city council under this section shall include a list of
improvements to be funded by revenue from the paid parking spaces.
12 -6 -8 NOTICE OF PUBLIC HEARING.
(A) The director shall give notice of a public hearing before the Urban Transportation
Commission by mailing notice not later than the 11th day before the date of the
hearing to the:
1) Applicant
2) Notice owner of real property located:
a) Within the proposed district; and
b) Within 500 feet of the proposed district
3) A registered neighborhood organization whose declared boundaries are
within 1500 feet of the proposed district; and
4) Utility account addresses as shown in the City utility records on the date
of the filing of the application that are located:
a) Within the proposed district; and
b) Within 500 feet of the proposed district
(B) The director shall give notice of a public hearing before the council by mailing
notice not later than the 16`h day before the date of the hearing to the:
1) Applicant
2) Notice owner of real property located:
a) Within the proposed district; and
b) Within 500 feet of the proposed district
3) A registered neighborhood organization whose declared boundaries are
within 1500 feet of the proposed district; and
4) Utility account addresses as shown in the City utility records on the date
of the filing of the application that are located:
a) Within the proposed district; and
b) Within 500 feet of the proposed district
(C) Notice provided under this section must:
1) Generally describe the subject matter of the public hearing;
2) Identify the application and the boundaries of the proposed district;
3) Identify the body holding the public hearing and the date, time, and place
of the public hearing; and
4) Include the address and telephone number of the city office from which
additional information may be obtained.
12 -6 -9 PROCEDURES AND REQUIREMENTS FOR NOTICE.
(A) Mailed notice is effective on the date a letter is deposited in a depository of the
U.S. Post Office, first class, postage paid, and addressed:
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BALBOA VILLAGE PARKING BENEFIT DISTRICT & SHARED PARKING IMPLEMENTATION
APPENDIX A
City of Newport Beach
1) To an applicant, by mailing notice to the address shown on the
application or on a written change of address form filed with the
responsible director;
2) To a notice owner of real property, by mailing notice to the owner shown
on the records of the county tax appraisal district;
3) To a neighborhood organization, by mailing notice to the agent or officer
of the organization at the mailing address specified in the City registration
information.
(B) Notice by hand delivery may be substituted for notice by mail if the addressee
provides a receipt of delivery.
(C) When mailed notice to an owner is required, the director shall prepare the list of
notice owners.
(D) When possible, the director shall send the notice for public hearings before the
Urban Transportation Commission and the City Council in one notice.
PART 2. This ordinance takes effect on October 17, 2011.
PASSED AND APPROVED'
' http: / /austintexas.gov/ sites /default/files /files/ Transportation /pbd- ordinance.pdf
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APPENDIX B
Sample Shared Parking Operating & Liability
Agreements
BALBOA VILLAGE PARKING BENEFIT DISTRICT & SHARED PARKING IMPLEMENTATION
APPENDIX B
City of Newport Beach
CITY OF SAN DIEGO, CAI
1 City of San Diego http:ll puff. lbl. govltransportation /transporlation /pdf /sandiego- shared- parking.pdf
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THE CITY OF SAN DIEGO
RECORDING REQUESTED BY:
THE CITY OF SAN DIEGO
AND WHEN RECORDED MAIL TO:
(THIS SPACE IS FOR RECORDER'S USE ONLY)
SHARED PARKING AGREEMENT
This SHARED PARKING AGREEMENT ( "Agreement ") is entered into and effective , 20, by and
between and the City of San Diego.
RECITALS
WHEREAS, pursuant to sections 142.0535 and 142.0545 of the Land Development Code, the City of San Diego specifies
criteria which must be met in order to utilize off -site shared parking agreements to satisfy on -site parking requirements.
NOW, THEREFORE, in consideration of the recitals and mutual obligations of the parties as herein expressed,
and the City of San Diego agree as follows:
1.
the owner of the property located at , agrees
to provide the owner of the property located at with
the right to the use of O parking spaces from as shown on Exhibit A to this
Agreement on property located at
1.1 Applicant: Co- Applicant:
Assessor Parcel No: Assessor Parcel No:
Legal Description: Legal Description:
2. The parking spaces referred to in this Agreement have been determined to conform to current City of San Diego
standards for parking spaces, and the parties agree to maintain the parking spaces to meet those standards.
3. The Parties understand and agree that if for any reason the off -site parking spaces are no longer available for use by
will be in violation of the City of San Diego Land
Development Code requirements. If the off -site parking spaces are no longer available, Applicant will be required to
reduce or cease operation and use of the property at Applicant's address to an intensity approved by the City in order to
bring the property into conformance with the Land Development Code requirements for required change for required
parking. Applicant agrees to waive any right to contest enforcement of the City's Land Development Code in this man-
ner should this circumstance arise.
Although the Applicant may have recourse against the Party supplying off -site parking spaces for breach of this Agree-
ment, in no circumstance shall the City be obligated by this agreement to remedy such breach. The Parties acknowl-
edge that the sole recourse for the City if this Agreement is breached is against the Applicant in a manner as specified
in this paragraph, and the City may invoke any remedy provided for in the Land Development Code to enforce such
violation against the Applicant.
Continued on Page 2
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Page 2 of 2 City of San Diego • Development Services Department • Shared Parking Agreement
4. The provisions and conditions of this Agreement shall run with the land for those properties referenced in paragraph 1
of this document and be enforceable against successors in interest and assigns of the signing parties.
5. Title to and the right to use the lots upon which the parking is to be provided will be subservient to the title to the prop-
erty where the primary use it serves is situated.
6. The property or portion thereof on which the parking spaces are located will not be made subject to any other covenant
or contract for use which interferes with the parking use, without prior written consent of the City.
7. This Agreement is in perpetuity and can only be terminated if replacement parking has been approved by the City's
Director of the Development Services Department and written notice of termination of this agreement has been provided
to the other party at least sixty (60) days prior to the termination date.
8. This Agreement shall be kept on file in the Development Services Department of the City of San Diego in Project Track-
ing System (PTS) Project Number: and shall be recorded on the titles of those properties referenced
in paragraph 1 of this document.
In Witness whereof, the undersigned have executed this Agreement.
Applicant
Date:
Party/Parties Supplying Spaces
Date:
Deputy Director
Business and Process Management, Development Services
Date:
NOTE: ALL SIGNATURES MUST INCLUDE NOTARY ACKNOWLEDGMENTS PER CIVIL CODE SEC. 1180 ET.SEQ.
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BALBOA VILLAGE PARKING BENEFIT DISTRICT & SHARED PARKING IMPLEMENTATION
APPENDIX B
City of Newport Beach
CITY OF PORTLAND, OR2
2 Portland Metro htto.11 www. maoc. oralsites ldefault/fileslPodlandMetro SharedParkinftdelAureement.odf
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Shared Parking
Appendix B: Model - Shared Use Agreement for Parking Facilities
Effective:
This Shared Use Agreement for Parking Facilities, entered into this day of
, between hereinafter called lessor and
hereinafter called lessee.
Appendix B
In consideration of the covenants herein, lessor agrees to share with lessee certain parking
facilities, as is situated in the City of County of and State
of , hereinafter called the facilities, described as:
[Include legal description of location and spaces to be shared here, and as shown
on attachment 1.]
The facilities shall be shared commencing with the day of and ending
at 11:59 PM on the day of , for [insert negotiated compensation
figures, as appropriate]. [The lessee agrees to pay at [insert payment address] to lessor by the
day of each month [or other payment arrangements].]
Lessor hereby represents that it holds legal title to the facilities
The parties agree:
USE OF FACILITIES
This section should describe the nature of the shared use (exclusive, joint sections,
time(s) and day(s) of week of usage.
- SAMPLE CLAUSE -
[Lessee shall have exclusive use of the facilities. The use shall only be between the
hours of 5:30 PM Friday through 5:30 AM Monday and between the hours of 5:30 PM and
5:30 AM Monday through Thursday.]
2. MAINTENANCE
This section should describe responsibility for aspects of maintenance of the facilities.
This could include cleaning, striping, seal coating, asphalt repair and more.
- SAMPLE CLAUSE -
[Lessor shall provide, as reasonably necessary asphalt repair work. Lessee and
Lessor agree to share striping, seal coating and lot sweeping at a 5091a150% split based
upon mutually accepted maintenance contracts with outside vendors. Lessor shall
maintain lot and landscaping at or above the current condition, at no additional cost to
the lessee.]
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Shared Parking
3. UTILITIES and TAXES
This section should describe responsibility for utilities and taxes. This could include
electrical, water, sewage, and more.
- SAMPLE CLAUSE -
[Lessor shall pay all taxes and utilities associated with the facilities, including
maintenance of existing facility lighting as directed by standard safety practices.]
4. SIGNAGE
This section should describe signage allowances and restrictions.
Appendix B
- SAMPLE CLAUSE -
[Lessee may provide signage, meeting with the written approval of lessor, designating
usage allowances.]
5. ENFORCEMENT
This section should describe any facility usage enforcement methods.
- SAMPLE CLAUSE -
[Lessee may provide a surveillance officer(s) for parking safety and usage only for the
period of its exclusive use. Lessee and lessor reserve the right to tow, at owners
expense, vehicles improperly parked or abandoned. All towing shall be with the
approval of the lessor.]
6. COOPERATION
This section should describe communication relationship.
- SAMPLE CLAUSE -
[Lessor and lessee agree to cooperate to the best of their abilities to mutually use the
facilities without disrupting the other party. The parties agree to meet on occasion to
work out any problems that may arise to the shared use.]
INSURANCE
This section should describe insurance requirements for the facilities.
- SAMPLE CLAUSE -
[At their own expense, lessor and lessee agree to maintain liability insurance for the
facilities as is standard for their own business usage.]
8. INDEMNIFICATION
This section should describe indemnification as applicable and negotiated. This is a very
technical section and legal counsel should be consulted for appropriate language to each
and every agreement.
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Shared Parking
-NO SAMPLE CLAUSE PROVIDED-
9. TERMINATION
This section should describe how to or if this agreement can be terminated and post
termination responsibilities.
Appendix B
- SAMPLE CLAUSE -
[If lessor transfers ownership, or if part of all of the facilities are condemned, or access
to the facilities is changed or limited, lessee may, in its sole discretion terminate this
agreement without further liability by giving Lessor not less than 60 days prior written
notice.
Upon termination of this agreement, Lessee agrees to remove all signage and repair
damage due to excessive use or abuse. Lessor agrees to give lessee the right of first
refusal on subsequent renewal of this agreement.]
10. SUPPLEMENTAL COVENANTS
This section should contain any additional covenants, rights, responsibilities and /or
agreements.
-NO SAMPLE CLAUSE PROVIDED-
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date Set
forth at the outset hereof.
[Signature and notarization as appropriate to a legal document and as appropriate to recording
process negotiated between parties.]
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BALBOA VILLAGE PARKING BENEFIT DISTRICT & SHARED PARKING IMPLEMENTATION
APPENDIX B
City of Newport Beach
SACRAMENTO, CA3
3 City of Sacramento
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CITY CLERK'S COPY
PARKING OPERATIONS MANAGEMENT AGREEMENT
This Parking Operations Management Agreement ( "Agreement ") is made
and entered into this day of 2007 ( "Effective
U
Date "), by and between S Thomas Enterprises of Sacramento, LLC ( "Owner")
and the City of Sacramento ( "Manager").
1. SITE
The term "Site" shall refer to the land and any improvements and facilities
located thereon at Sacramento, County of Sacramento, State of California, as
identified in the map attached hereto as Exhibit A.
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2. TERM M
in
This Agreement shall be for a term of three (3) years from Effective Date M
M
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hereof. Manager may extend the term for one additional three (3) year period, by
providing a written notice of extension to Owner not less than 180 days prior to
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the expiration of the initial three (3) year term. $ o
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3. PURPOSE ( y
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The Site shall be used solely and exclusively for improvement and p\
cn
operation of parking lots (Lots). Manager shall not use the Site nor any portion �4
thereof for any use other than for improvement and operation of parking lots, and
shall not make any alternations, improvements or additions thereto except as
provided for in this Agreement.
4. COMPENSATION AND MANAGEMENT FEE
(a) Beginning on the Effective Date of this Agreement, all "Revenue ",
which term as used herein shall be all amounts collected in connection with the
(00100467: v: 2) 1 CITY 2007-0657
CITY CLERK'S COPY AGREEMENT Rp.._____ _�
operation of the Lots, collected by Manager will be used to offset Operating
Expenses (as defined below). Monthly Net Revenue shall be "Monthly Revenue"
(as defined below) minus "Monthly Operating Expenses" (as defined below).
(a) (i) For purposes of this Agreement "Monthly Revenue" means the total
amount of cash receipts generated from all business operations conducted
upon or from the Lots, whether operated by Manager or nominees, during any
one month this Agreement is in effect, without any type of deduction
whatsoever.
(a)(ii) For purposes of this Agreement "Operating Expenses" means all
reasonable expenses incurred in connection with the operation and maintenance
of the Lots (see Exhibit C for description of estimated Operating Expenses for FY
2008).
(a)(iii) "Monthly Operating Expenses" as used herein shall mean
Operating Expenses incurred or attributed for any particular calendar month.
(b) The Manager shall be responsible for collecting all Revenue,
performing billings and collecting accounts receivable in relation to Manager's
operation of the Lot. All Revenue will be deposited in the Manager's account,
which shall be a segregated account used solely for Revenue. Manager will
keep full and accurate records of billed and collected Revenue.
(c) Each month, Manager will calculate the Monthly Net Revenue
and the "Monthly Owner Proceeds ", which term as used herein shall be the
Monthly Net Revenue minus the Management Fee (as defined below), for the
immediately preceding month. Manager shall pay the Monthly Owner Proceeds
fOO100467: v: 2) 2
to Owner within forty -five (45) days of the first day of each calendar month in
arrears. Manager shall provide brief details of the income sources in a form
reasonably acceptable by Owner.
(d) On or before July 1 of each year during the Term, Manager shall
prepare and submit to Owner, for Owner's review and approval, an operating
budget for the next successive calendar year (the "Operating Budget "), which
shall include a projection of Revenue and Operating Expenses for the ensuing
year.
(e) Owner shall pay Manager a fixed fee of Five Thousand ($5,000)
per month ( "Monthly Management Fee "). Such fee will first be paid from the
Monthly Net Revenue, if any. If Monthly Net Revenue is not available or is not
sufficient to pay the Monthly Management Fee, Manager shall notify Owner of
the amount of the deficiency as provided for in this Agreement and Owner shall
pay Manager the amount of the deficiency within forty -five (45) days after notice
is sent to Owner by Manager.
5. OWNER'S RIGHT TO AUDIT
Owner reserves the right for Owner's employees or appointees to conduct
examinations, without notification, of the financial reports, files, books and
records maintained for Owner by Manager no matter where such financial
reports, files, books and records are located. Owner also reserves the right to
perform any and all additional audit tests relating to Manager's activities, duties,
and obligations hereunder, either at the Site or at any office of Manager.
(00100467:v:2) 3
6. INDEMNITY AND INSURANCE
Manager shall defend, indemnify and hold harmless Owner, its members,
managers, officers, directors, agents, employees and volunteers from and
against all demands, claims, actions, liabilities, losses, damages and costs,
including reasonable attorneys' fees, arising out of or resulting from the
performance of the Agreement, caused in whole or in part by the negligent or
intentional acts or omissions of Manager, its officers, directors, agents,
employees, volunteers or contractors. Likewise, Owner shall defend, indemnify
and hold harmless Manager, its Council, officers, directors, agents, employees
and volunteers from and against all demands, claims, actions, liabilities, losses,
damages and costs, including reasonable attorneys' fees, arising out of or
resulting from the performance of the Agreement, caused in whole or in part by
the negligent or intentional acts or omissions of Owner, its officers, directors,
agents, employees, volunteers or contractors.
It is the intention of Manager and Owner that the provisions of the
aforementioned paragraph be interpreted to impose on each party responsibility
to the other for the acts and omissions of their respective officers, directors,
agents, employees, volunteers, and contractors. It is also the intention of
Manager and Owner that, where comparative fault is determined to have been
contributory, principles of comparative fault will be followed and each party shall
bear the proportionate cost of any damage attributable to the fault of that party,
its officers, directors, agents, employees, volunteers, and contractors.
{00100467. v: 2} 4
While this Agreement is in effect, Manager, at Manager's expense, shall
maintain and furnish Owner evidence of insurance set forth in Owner's "General
Insurance Requirements" form attached hereto as Exhibit "B" and made a part
hereof. Owner acknowledges that Manager is self- insured and agrees that
Manager's program of self- insurance fulfills any and all insurance requirements
provided for in Exhibit B.
7. IMPROVEMENTS
Subject to Owner's written consent as provided for in this Agreement, and
subject to Manager obtaining any requisite governmental permits for the
construction and operation of a surface commercial parking lot on the Site,
Manager shall make such improvements ( "Improvements ") to the Site as
Manager shall deem necessary for use of the Site as a commercial surface
parking lot for automobiles, including, but not limited to, generally the following:
(i) Redesign the parking layout and traffic flow patterns for the
managed Site;
(ii) Grade and pave or repave the Site for use as a parking lot;
(iii) Construct additional drive aisles and furnish and install fencing and
additional lighting standards and fixtures, including necessary wiring;
(iv) Furnish and install cashier terminals, booths, signage and other
parking control equipment; and
(v) Such other items as Manager deems appropriate or necessary to
the proper operation of the parking facility.
(00100467: v: 2) 5
All such costs for Improvements shall be the sole responsibility of Owner.
Any construction, reconstruction or altering of Improvements shall, at Owner's
expense, be installed, constructed and maintained in accordance with applicable
building and other codes, in a good and workmanlike manner to the satisfaction of
Owner, and in accordance with all requirements of all departments, boards,
bureaus, officials and authorities having jurisdiction in the matter. All necessary
permits for such construction (including any permits required to cross public
streets) shall be obtained by Manager.
8. AFFECT ON INSURANCE
Manager and its agents shall not do or permit anything to be done in or
about the Site nor bring nor keep anything to be done in or about the Site which
will in any way increase the existing rate or affect any insurance upon the Site, or
cause a cancellation of any insurance policy covering the Site or any part thereof,
nor shall Manager or its agents keep, use or sell or permit to be kept, used or
sold in or about the Site any articles which may be prohibited by a standard form
policy of fire insurance.
9. HAZARDOUS MATERIALS
Manager shall not use, generate, manufacture, produce, store, release,
discharge, or dispose of , on, under or about the Site, or transport to or from the
Site, any Hazardous Materials (defined below) or allow its agents or any other
person or entity to do so. The term "Hazardous Materials" shall mean (i) those
substances included within the definition of "hazardous substances," "hazardous
materials," "toxic substances," or "solid waste" under the Comprehensive
(00100467: v: 2) 6
Environmental Response, Compensation and Liability Act of 1980, as amended,
42 U.S.C. section 9601 at sea., and the Resource Conservation and Recovery
Act of 1976, as amended, 42 U.S.C. sections 6901 et seg., and the Hazardous
Materials Transportation Act, 49 U.S.C. sections 1801 at sec., and in the
regulations promulgated pursuant to said laws; (ii) those substances listed in the
United States Department of Transportation Table (49 C.F.R. 172.101 and
amendments thereto) or designated by the Environmental Protection Agency (or
any successor agency) as Hazardous Substances; (iii) such other substances,
materials and wastes which are or become regulated under applicable local,
state or federal law, or the United States government, or which are classified as
hazardous or toxic under federal, state or local laws or regulations, and (iv) any
material, waste or substance which is (a) petroleum, (b) asbestos, (c)
polychlorinated biphenyls, (d) designated as a "hazardous substance" pursuant
to Section 311 of the Clean Water Act of 1977, 33 U.S.C. sections 1251 et sea.,
(33 U.S.C. section 1321) or listed pursuant to section 307 of the Clean Water Act
of 1977 (33 U.S.C. section 1317).
10. THIRD PARTIES
Manager and its agents shall not do or permit anything to be done in or
about the Site which will in any way obstruct or interfere with the rights of any
third parties or injure or annoy such parties or cause structural injury to the Site.
Manager shall not use or allow the.Site to be used for any unlawful, immoral,
hazardous or objectionable purpose, nor shall Manager cause, maintain or permit
(00100467:v:2) 7
any nuisance in, on, or about the Site. Manager and its agents shall not commit
or suffer to be committed any waste in or upon the Site.
11. COMPLIANCE WITH LEGAL REQUIREMENTS
(a) Manager and its agents shall not use the Site or permit anything to
be done in or about the Site which will in any way violate any law, statute,
ordinance, order, rule, regulation or requirement of duly constituted public
authorities or quasi - public authorities now in force or which may hereafter be
enacted or promulgated (collectively, "Laws "). Manager shall obtain, prior to
taking possession of the Site, any permits, licenses or other authorizations
required for the lawful operation of its business at the Site.
(b) Site Lien -Free. Manager shall indemnify and hold Owner harmless
from and keep the Site free from any liens, claims, demands, encumbrances or
judgments, including all costs, liabilities and attomeys' fees with respect thereto,
created or suffered by reason of any labor or services performed for, or materials
used by or fumished to, Manager or its agents with respect to the Site. The
foregoing obligation of Manager shall survive the termination of this Agreement;
Owner shall have the right, at all times, to post and keep posted on the Site any
notices permitted or required by law, or which Owner may deem proper, for the
protection of Owner and the Site, and any other party having an interest therein,
from mechanics' and materialmen's liens including, without limitation, a notice of
non - responsibility. In the event Manager is required to post an improvement bond
with a public agency in connection with any work performed by Manager on or to
the Site, Manager shall include owner as an additional obligee.
(00100467:v:2) 8
(c) Notice of Lien: Bond. Should any liens be filed against, or any
action be commenced affecting, the Site or Manager's interest in the Site, if any,
Manager shall give Owner notice of such lien or action within three (3) days after
Manager receives notice of the filing of the lien or the commencement of the
action. In the event that Manager shall not, within twenty (20) days following the
imposition of such lien, cause such lien to be released of record by payment or
posting of a proper bond, Owner shall have, in addition to all of the remedies
provided herein and by law, the right, but not the obligation, to cause the same to
be released by such means as Owner shall deem proper, including payment of
the claim giving rise to such lien or posting of a proper bond. All such sums paid
by Owner and all expenses incurred by Owner in connection therewith, including
attorneys' fees and costs, shall be payable to Owner by Manager on demand by
Owner.
12. IMPOSITION OF CONDITIONS
Should any governmental body seek to impose any condition on approval
of Manager's use of the Site or the zoning thereof, or for the issuance of any
map, license, or permit, Manager covenants to notify Owner accordingly; and if
such condition is unacceptable to Owner for any reason, Owner may terminate
this Agreement.
13. CONDITION OF SITE
Manager acknowledges that neither Owner nor any agent of Owner has
made any representation or warranty with respect to the condition of the Site or
with respect to the suitability of the same for the conduct of Manager's business,
{oo100467: v: 2y 9
nor has Owner or any agent of Owner agreed to undertake any modification,
alteration or improvement to the Site. Manager further acknowledges that
manager has independently investigated the Site and is satisfied that the Site is
suitable for manager's intended use. By taking possession of the Site, Manager
shall be deemed to have accepted the Site as being in satisfactory condition and
repair and to have accepted the Site in their condition existing as of the date of
such possession, subject to all applicable laws, covenants, conditions,
restrictions, easements and other matters of public record and any rules and
regulations from time to time promulgated by Owner governing the use of the
Site.
14. SUBTERRANEAN FACILITIES
The absence of markers, monuments or maps indicating the presence of
subterranean facilities within the Site, whether belonging to Owner or otherwise,
does not constitute a warranty or representation by Owner or its agents that none
exist. Manager accepts this Agreement with full cognizance of the potential
presence of such facilities within the Site, acknowledging that the costs of
Manager's use of the Site may increase by reason thereof, and acknowledging
that the owner or owners thereof may have acquired the right to continue to
maintain such facilities by the passage of time.
15. NOISE LEVELS NEAR RAILROAD TRACKS
Manager hereby recognizes and acknowledge that railroad tracks are
located on or adjacent to the Site (the "Tracks). Manager recognizes that the
operation of trains over the Tracks is likely to produce noise levels which may be
(00100467. v: 2) 10
considered objectionable by Manager and its agents. Manager hereby waives
any claim for damages for any injury or inconvenience to or interference with
Manager's business, any loss of occupancy or quiet enjoyment of the Site, and
any other loss occasioned by the noise produced by the operation of trains over
the Tracks. Manager agrees to indemnify, defend and hold Owner and its agents
harmless from and against any loss, damage, liability or expense incurred by
Owner or its agents as a result of any action or complaint of any kind whatsoever
initiated against Owner or its agents from Manager's agents.
16. PRIOR APPROVAL OF WORK
Manager shall not, without Owner's prior written consent, make any further
alterations, further improvements, or additions of any kind in, on or about the Site
costing in excess of $5,000 without the prior written consent of Owner. Any
alterations, improvements or additions in, on or about the Site that Manager shall
desire to make in excess of $5,000 shall be presented to Owner in written form,
with proposed detailed plans and such other information as Owner may request.
If Owner shall give its written consent, the consent shall be deemed conditioned
upon Manager's acquiring a permit for constructing such improvement from the
appropriate governmental agencies, the furnishing of a copy thereof to Owner
upon request prior to the commence of the work, and compliance by manager
with all conditions of said permit in a prompt and expeditious manner.
17. MAINTENANCE AND REPAIR
Manager shall keep and maintain the Site and all improvements thereon in
good repair and in a neat and satisfactory condition, and shall promptly make all
{00100467: v: 2} 11
repairs and replacements, subject to the provisions of paragraph 16, that may
become necessary to the Site or improvements thereon, whether structural or
nonstructural, ordinary or extraordinary. All notices and signs upon the Site shall
be neat and properly maintained. Owner shall have the right to enter the Site at
all reasonable times to inspect the same.
18. UTILITIES AND SERVICES
All charges for water, gas, light, heat, power, electricity, telephone or other
communication service, janitorial service, trash pick -up, sewer and all other
services supplied to or consumed on the Site (collectively, "Services ") directly
related to this parking operation, and all taxes, levies, fees or surcharges
therefore shall be the sole responsibility of Owner as an Operating Expense
pursuant to Section 4 above. Manager shall be solely responsible for arranging
for services to be supplied to the Site and shall contract for all of the Services in
Manager's name prior to the Effective Date. The Effective Date shall not be
delayed by reason of any failure by Manager to so contract for Services. The
lack or shortage of Services due to any cause whatsoever shall not affect any
obligation of Manager under this Agreement, and Manager shall faithfully keep
and observe all the terms, conditions and covenants of this Agreement and pay
all Fees due hereunder, all without diminution, credit or deduction.
19. SURRENDER OF SITE
Upon termination of this Agreement, Manager, without further notice, shall
deliver up to Owner possession of the Site. In the event of such failure or refusal
of Manager to surrender possession of the Site, Owner shall have the right to
(00100467: v: 2) 12
reenter the Site and remove therefrom Manager or any other person, firm, or
corporation claiming by, through, or under Manager. Manager will have thirty
(30) days after termination of this Agreement to remove any personal property
and improvements from the Site.
20. NOTICES
All notices shall be in writing and shall be deemed to have been given
when delivered personally or deposited in the United States mail, registered or
certified, postage prepaid, or delivered by overnight courier, and addressed to
the party to whom the notice is directed at the address set forth below. Either
party may change the address for notices or Owner may change the address for
payments by giving the other party written notice to that effect.
ADDRESS FOR NOTICES
To Owner:
S. Thomas Enterprises of Sacramento, LLC
431 1 Street
Suite 202
Sacramento, California 95814
Attention: Mr. Suheil J. Totah
With a copy to:
Cushing, Moms, Armbruster & Montgomery, LLP
229 Peachtree Street, N. E., Suite 2110
Atlanta, Georgia 30303
Attention: Jeffrey F. Montgomery, Esq.
Phone No.: (404) 521 -2323
Fax No.: (404) 658 -9865
E -Mail: jfm @cmamlaw.com
And a copy to Manager:
{00100467. v: 2) 13
Parking Services Manager
921 10th Street, 1 st Floor
Sacramento, CA 95814
ADDRESS FOR PAYMENTS TO OWNER
S. Thomas Enterprises of Sacramento, LLC
431 1 Street
Suite 202
Sacramento, California 95814
Attention: Mr. Suheil J. Totah
21. ATTORNEYS' FEES
In the event any party hereto shall bring any action or legal proceeding for
damages for an alleged breach of any provision of this Agreement, to recover
Fees, to enforce an indemnity obligation, to terminate the tenancy of the Site, or
to enforce, protect, interpret or establish any term, condition, or covenant of this
Agreement or right or remedy of either party, the prevailing party shall be entitled
to recover, as part of such action or proceeding, reasonable attorneys' fees and
court costs, including attorneys' and costs for appeal, as may be fixed by the
court or jury.
22. RECORDAITON OF AGREEMENT
Neither party hereto shall record this Agreement.
23. OWNER'S RIGHT -OF -ENTRY
Manager shall permit Owner and the agents of Owner to enter into and
upon the Site at all reasonable times for the purpose of inspecting the Site,
posting notices of nonresponsibility, "for lease" or "for sale" signs, exhibit the Site
to prospective tenants, buyers, or lenders, protecting the Site in the event of an
emergency, altering or improving the Site, conducting environmental audits, and
{oo100467: v: 2) 14
exercising any rights reserved by Owner pursuant to this Agreement, all without
abatement of any Fees due hereunder. Manager hereby waives any claim for
damages for any injury or inconvenience to or interference with Manager's
business, any loss of occupancy or quiet enjoyment of the Site, and any other
loss occasioned by any entry into the Site in accordance with this Section 23 or
any other provision of this Agreement. Owner shall have the right to use any and
all means which Owner may deem proper to open the doors and gates in an
emergency, in order to obtain entry to the Site. Any entry to the Site by Owner
as permitted by this Agreement shall not under any circumstances be construed
or deemed to be a forcible or unlawful entry into, or detainer of, the Site, or any
portion thereof.
24. TIME OF ESSENCE
Time is of the essence of each provision of this Agreement.
25. TERMINATION OF AGREEMENT
Owner and Manager may unconditionally terminate this Agreement by
providing the other party written notice no less than ninety (90) days prior to the
date of termination.
Termination or expiration of this Agreement shall not release any party
hereto from any liability or obligation hereunder, whether of indemnity or
otherwise, resulting from any acts, omissions or events happening prior to such
termination or expiration.
(00100467:v:2) 15
26. SEVERABILITY
If any term, covenant, condition or provision of this Agreement is held by a
court of competent jurisdiction to be invalid, void or unenforceable, the remainder
of the provisions shall remain in full force and effect and shall in no way be
affected, impaired or invalidated.
27. RELATIONSHIP OF PARTIES
Nothing contained in this Agreement shall be deemed or construed by the
parties or by any third person or court to create the relationship of partnership or
of joint venture between Owner and Manager, and neither the method of
computation of fee nor any other provisions contained in this Agreement nor any
acts of the parties shall be deemed to create, any relationship of owner of real
property and holder of a limited agreement to use the same for the purposes set
forth herein.
28. SUCCESSORS
The covenants, conditions and agreements contained in this Agreement
shall be binding on the parties hereto and on their respective heirs, successors,
assigns and legal representatives.
29. EXHIBITS
All exhibits attached to this Agreement shall be deemed to be incorporated
herein by the individual reference to each such exhibit, and all such exhibits shall
be deemed to be a part of this Agreement as though set forth in full in the body of
this Agreement.
(00100467:v:2) 16
30. OWNER AND AGENT
The term "Owner" as used in this Agreement, so far as the covenants or
obligations on the part of Owner are concerned, shall be limited to mean and
include only the owner at the time in question of fee title or right to control the
Site. In the event of any transfers) of such interest, the Owner herein named
(and in the case of any subsequent transfers or conveyances, the grantor) shall
have no further liability under this Agreement to Manager except as to matters of
liability which have accrued and are unsatisfied as of the date of such transfer, it
being intended that the covenants and obligations contained in this Agreement
on the part of Owner shall be binding on Owner and its successors and assigns
only during and in respect of their respective period of ownership of the fee;
provided that any funds in possession of Owner or the then grantor and as to
which Manager has an interest, less any deductions permitted by law or this
Agreement, shall be turned over to the grantee. The covenants and obligations
of Owner as contained in this Agreement shall, subject to the provisions of this
Section 30, be binding upon each Owner and such Owner's heirs, personal
representatives, successors and assigns only during its respective period of
ownership. Except as provided in this Section 30, this Agreement shall not be
affected by any transfer of Owner's interest in the Site, and Manager shall attorn
to any transferee of Owner.
(00100467:v:2) 17
31. AUTHORITY
The undersigned parties hereby warrant that they have proper authority
and are empowered to execute this Agreement on behalf of Owner and Manager,
respectively.
32. CAPTIONS
The Captions contained in this Agreement are for purposes of
convenience only and are not to be used to interpret or construe this Agreement.
33. MANAGER'S ESTOPPEL.
Manager shall, from time to time, upon not less than ten (10) days prior
written request by Owner, execute, acknowledge and deliver to Owner a written
statement certifying that this Agreement is unmodified and in full force and effect
(or, if there have been modifications, that the same is in full force and effect as
modified and stating the modifications), the dates to which the Fees have been
paid, that Manager has no offsets or defenses against Owner under this
Agreement, and whether or not to the best of Manager's knowledge Owner is in
default hereunder (and if so, specifying the nature of the default), it being
intended that any such statement delivered pursuant to this paragraph may be
relied upon by a prospective purchaser of Owner's interest or by a mortgagee of
Owner's interest or assignee of any security deed upon Owner's interest in the
Site.
(00100467:v:2) 18
34. COUNTERPARTS
This Agreement may be signed in counterparts, each of which shall be
deemed an original but all of which, when taken together, shall be one and the
same agreement.
35. ENTIRE AGREEMENT AND AMENDMENT
This Agreement sets forth the entire agreement between the parties with
respect to the use of the Site and supersedes all prior agreements,
communications, and representations, oral or written, express or implied, since
the parties intend that this be an integrated agreement. No addition to, or
modification of, any term or provision of this Agreement shall be effective until
and unless such addition or modification is set forth in written instrument signed
by both Owner and Manager.
[Signatures on following page]
{00100467: v: 2) 19
DATED: 6- t3- 0-t
OWNER:
S Thomas Enterprises of Sacramento, LLC
BY:. /.�
Its: Y iCC �fLEStde'1-ti
ATTEST:
BY:!�!M
Q4d- CITY CLERK
too100467: v: 2y 20
DATED: �v ale D 7
MANAGER:
CITY OF SACRAMENTO,
a Municipal Corporation
By: Marty Hanneman, Asst. City Manager
For: Ray Kerridge, City Manager
APP OVED AS TO FORM:, n
BY:
DEPUTY CITY - 13•_ C
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EXHIBIT B
GENERAL INSURANCE REQUIREMENTS
( OIR'l
Owner shall be furnished evidence of in in connection with the foregoing p�went.
Such insurance shall be written by an,mstuance company ha�ln� a Best's rating ot"B +13 or
bettgr and licensed to do, business m the state where the Stte is located, meatiog the
requrements stated below m form satisfactory to Owner, for each of the following types of
insurance in amounts not less than We amounts h�etn specified.
Liability Insurance Requirements
1.
not less than az,000,ouo per occurrence
a) such insurance is primary, without right of contribution from other insurance
which may be in effect,
b)aeurance shall not be Invalidated by the acts or omissions of other
c) Ruch insurance shall be materially modifiable or cancelable without thirty (30)
Ruch prior written notice to Owtter (except in the Haag of cancellation for
nonpayment ofp�� tan in which case cancellation shall not take effect unt'i
et teat ten fl [A davie notice has been given to Owner). This provision
referred to below as "Notice of Momncation or Latnceuanon.-
d) Owner shall be named as additional insured.
e) Contractual liability with deletion of the exclusion for op ttas,s within fifty
(50) feet of railroad. track and deletion of the exclusion of explosion, collapse,
or underground hazards if applicable. (NOTE: For any license or permit
withinmh y� of �k twill apply unless eliminated by endors Bons
f) Site, produeWcompleted operations, and personal injury coverage.
g) Severability -of- interest clause.
h) In the case of commercial general liability insurance, the policy must also
provide for aggregate coverage at each location and for reinstatement of
the aggregate in the event the limits of the policy are exhausted.
i) if the proposed use of the Site involves a hazard which poses particular
risk to the environment, the policy must cover sudden and accidental
pollution on a named -peril basis to address the hazard.
2. COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE shall have a
combined single limit of not less then $2,000,000 per occurrence and shall provide
for the following:
a) Such insurance is primary without right of contribution from other
insurance which may he in effect.
b) Such insurance shall not be invalidated by the acts or omissions of other
insureds.
c) Notice of Modification or Cancellation. d) Severability-of- interest- clause.
Exhibit B
WORKERS' COMPENSATION INSURANCE shall have limits not less than
those required by statute, shall cover all persons employed p? Owner in the
conduct of its operations on the Site and shall provide for the following:
a) Waiver of subrogation against Owner.
b) Notice of modification or Cancellation
c) All states endorsements.
d) Coverage for Longshore and Harbor Workers Act, if applicable.
4. EMPLOYERS' LIABILITY INSURANCE shall have a limit of not lea than
$1,000,000 andshall be endorsed to provide for (a) Notice of modification or
Cancellation and (b) waiver of subrogation against owner.
S. UMBRELLA OR EXCESS LIABILITY INSURANCE will provide that if the
underlying aggregate is exhausted the excess coverage will drop down as
primary insurance, and will provide lbr Notice of Modifieation or Cancellation.
Exhibit C
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Exhibit C
RESOLUTION NO. 2007 -435
Adopted by the Sacramento City Council
June 26, 2007
PARKING OPERATIONS MANAGEMENT AGREEMENT WITH
S. THOMAS ENTERPRISES OF SACRAMENTO, LLC.
BACKGROUND
A. On December 28, 2006 the City entered into a Parking Operations Management
Agreement with S. Thomas Enterprises of Sacramento, LLC. ( "Thomas ") whereby the
City would manage surface parking lots on property owned by Thomas. These lots,
containing 588 parking spaces, are located at 6th & H Streets and 7th & G Streets,
adjacent to the downtown rail yards. The agreement expired March 28, 2007.
B. To continue providing convenient parking to patrons of the Sacramento Valley Station
and to surrounding businesses, the City would like to enter into a new 3 -year
agreement with a 3 -year option.
C. Each month, the City will calculate the amount of revenue collected from its operation
of the lots during the prior month. From this amount, the City will pay Thomas an
amount equal to total revenue less operating expenses and a City management fee
of $5,000.
D. For the time period between the expiration of the prior agreement on March 27, 2007
and the commencement date of the new agreement, Thomas will compensate the
City a management fee of $5,000 per month.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL
RESOLVES AS FOLLOWS:
Section 1. The City Manager is authorized to execute an agreement with S. Thomas
Enterprises of Sacramento, LLC authorizing the City to manage parking lots
located at 6th & H Streets and 7th & G Streets, adjacent to the Sacramento
Valley Station owned by Thomas for a term of three years with one option to
extend for an additional three years and providing a $5,000.00 monthly
management fee to be paid to the City.
Section 2. The City's management of the Thomas parking lots following the expiration of
the prior parking operations management agreement on March 27, 2007
through commencement of the new parking agreement on the terms and
conditions of the new parking agreement including the $5,000 monthly
management fee and release of parking revenue collected by the City and
due to Thomas is authorized.
Resolution 2007- June 26, 2007
Adopted by the City of Sacramento City Council on June 26, 2007 by the following vote:
Ayes: Councilmembers, Cohn, Fong, Hammond, McCarty, Pannell, Sheedy,
Tretheway, Waters, and Mayor Fargo.
Noes: None.
Abstain: None.
Absent: None.
Mayor, Heathoj Fargo
Attest: 44a 4
Shirley C ncolino, City Clerk
Resolution 2007- June 26, 2007
City of Sacramento Contract Cover and Routing Form
Requires Council Approval: ❑No ❑ YES meeting: 06/26/07
Type: Other ❑ CHANGE: None CH #:
Original Contract #:
$ Not to Exceed: $ N/A
Contractor: S. Thomas Enterprises
Project Name: Parking Agreement: Thomas Enterprises
Project Number:
Bid Transaction #:
Department: Transportation
Project Mgr: Paul Sheridan
Contract Services:
Phone Number: 808 -6817
E /SBE- DBE- M/WBE: 0%
Department Information
Division: Parking Services
Supervisor: Sharon Liu
Section Manager: NA
Division Manager: Howard Chan
Comment: Org Number: 3461
Review and Signature Routing
Department Signature or Initial Date
Contract Services:
Project Mgrl
Supervisor:
Section Manager:
Division Manager:
V —
City Attorney Signature or Initial Date
City Attorney: ^;C4
Send Interoffice bail ❑! Notify for Pick lip
Authorization Signature or Initial Date
Department Director, Jerry Way L 1 :111
Concurrence here only: —07
,.t0
City Manager: /lit/'-- b - 8.4701`,'1;
For City Clerk Processing
Finalized:
Initial: Date:
off"
6.ij�
Resolution No: (It Applicable)
.
V —
City Attorney Signature or Initial Date
City Attorney: ^;C4
Send Interoffice bail ❑! Notify for Pick lip
Authorization Signature or Initial Date
Department Director, Jerry Way L 1 :111
Concurrence here only: —07
,.t0
City Manager: /lit/'-- b - 8.4701`,'1;
For City Clerk Processing
Finalized:
Initial: Date:
Imaged:
Initial:C� Date: a9.-Oi
Resolution No: (It Applicable)
.
Contract No:
2007 -0657
Received: (City Clerk Stamp Here)
NN Loon
X] 130000
6D."s 10 X110
M333U
This coversheet is to remain with the original signed Contract.
Responsibility
General Information: May be completed by Project Manager or Contract Services.
Department Information: May be completed by Project Manager or Contract Services.
Review and Signature Routing:
Department
Project Manager: Verification of Technical Specs.
Accounting: Verification of Funding Sources.
Contract Services: BOT Number, Insurance, Bonds, Solicitation (BID, RFP, RFQ, RFI, Quote,
Sole Source, or Emergency), Contractor Signatures, E /SBE, DBE or M /WBE
Project Participation.
City Attorney
Approval of Contract Form and Bonds (if applicable)
Verification that Insurance Documents are Included (if required for contract approval)
Authorization
Department Director: Review All Contracts; Signing Authority <$100,000
City Manager: Signing Authority delegated for < $100,000
Signing Authority delegated to Assistant City Manager for = or > $100,000
AFTER Council Authorization
Types of Contracts
Type
City Code
Type
City Code
Commodity
3.56
Reimbursement/Credit
Development
18.16
Settlement
Grant
Supplies
3.56
Hold Harmless
Individual Participation
Master Services
Memorandum
Non - Professional Services
3.56
Owner Participation
Received City Clerk (2nd Receipt)
Professional Services
3.64
Public Project
3.60
Real Property Lease City owned
3.68
Real Property Sale City Owned
3.88
Real Property Non -City Owned (NCO)
Hevised U4 -U1 -U/
City of Sacramento Tax ID # if applicable:
Requires Council Approval: ❑NO ❑ YES Meeting:
❑ Real Estate ❑ Other Party Signature Needed ❑ Recording Requested
General Information
Type: Other PO Type: Select PO Type
Attachment: Original No.:
$ Not to Exceed: NIA
Original Doc Number:
Other Party: DBP Realty Partners, L.P.
Certified Copies of Document::
Project Name: 701 L Street Parking Agreement
Deed: ❑None
Division Manager:
El Included ❑Separate
Project Number: Bid Transaction #: E /SBE- DBE- M/WBE:
Department Information
Department: Public Works Division; Parking Services
Project Mgr: Matt Eierman Supervisor:
Contract Services: Date: Section Manager:
Phone Number: 808 -5849 Division Manager: Howard Chan
Comment: Org Number:
Review and Signature Routing
Department Signature or Initial Date
Contract Services:
Project Manager: <
7/r y / r z-
Supervisor:
Initial:
Section Manager:
Division Manager:
rZ
City Attorney Si at
r itial Date
City Attorney (MC: 0930 )'
Imaged:
Initial: \)�7--
W o 0
�" !
Send Interoffice
Notify for Fick Up
Authorization Signatur
or Initial Date
Department Director, Jerry Way
Concurrence Here and Sign inside:
City Manager (MC 09200):
Received:
Yes ❑ No
(City Clerk Stamp Here)
City Clerk (MC: 09400):
SZ I d
Contract Cover /Routing Form: Must Accompany ALL Contracts; (01- 01 -09)
For City Clerk Processing
Finalized:
-- -
Initial:
i
Date:
d
Imaged:
Initial: \)�7--
W o 0
�" !
Date: I
o
o
j
I
Received:
(City Clerk Stamp Here)
I —
SZ I d
PARKING OPERATIONS MANAGEMENT AGREEMENT
This Parking Operations Management Agreement ( "Agreement ") is made and
entered into this 15th day of August, 2012 ( "Effective Date "), by and between DBP
Realty Partners, L.P. ( "Owner ") and the City of Sacramento ( "City ").
LOT
The term "Lot" shall refer to the land and any improvements located thereon at
701 L Street, as identified in the map attached as Exhibit A.
99:11
This Agreement shall be for a term of five (5) years from Effective Date subject to
the termination provisions of Section 13.
PURPOSE
The Lot shall be used solely and exclusively for the operation of a parking lot.
Any change in use to all or a portion of the Lot shall be mutually agreed upon in writing
by both parties.
4. COMPENSATION AND MANAGEMENT FEE
A. Beginning on the Effective Date of this Agreement, all amounts collected in
connection with the operation of the Lot ( "Revenue "), shall be used to offset
Operating Expenses (as defined below). "Monthly Net Revenue' shall be "Monthly
Revenue" (as defined below) minus "Monthly Operating Expenses" (as defined
below).
(i) For purposes of this Agreement "Monthly Revenue" means the total
amount of cash receipts generated from all business operations
conducted upon or from the Lot, during any one month this Agreement
is in effect, without any type of deduction. Revenue collected from the
issuance of parking citations and further described in Section 5 is not
included in the calculation of "Monthly Revenue."
(ii) For purposes of this Agreement "Operating Expenses" means all
expenses incurred in connection with the operation and maintenance of
the Lot.
(iii) "Monthly Operating Expenses" as used herein shall mean Operating
Expenses incurred or attributed for any particular calendar month.
B The City shall be responsible for collecting all Revenue, performing billings
and collecting accounts receivable in relation to City's operation of the Lot. AII__
(00100467:v:21
2012 -0600
Title: Parking -701 L St.
Other Party: DBP Realty Partners
Revenue will be deposited in a City account and City will keep full and accurate
accounting records.
(i) Each month, City will calculate the Monthly Net Revenue and the "Monthly
Owner Proceeds," which term means Monthly Net Revenue minus the
Monthly Management Fee (as defined below), for the immediately
preceding month. City shall pay the Monthly Owner Proceeds to Owner
within sixty (60) days of the first day of each calendar month in arrears.
City shall provide brief details of the income sources in a form reasonably
acceptable by Owner.
(ii) On or before July 1 st of each year during the Term, City shall prepare and
submit to Owner, for Owner's review and approval, an operating budget
for the next successive year (the "Operating Budget "), which shall include
a projection of Revenue and Operating Expenses for the ensuing year.
(iii) Owner shall pay City a fixed fee of five hundred dollars ($500) per month
( "Monthly Management Fee"). Such fee will be paid from the Monthly Net
Revenue, if any. If Monthly Net Revenue is not available or is not sufficient
to pay the Monthly Management Fee and /or monthly expenses, City shall
notify Owner of the amount of the deficiency as provided for in this
Agreement and Owner shall pay City the amount of the deficiency within
forty -five (45) days after notice is sent to Owner by City.
5. PARKING CITATIONS
The City at its own expense will add the Lot to its regular patrol coverage and
retain all revenue from citations issued to vehicles parked in the Lot.
6. INDEMNITY
City shall defend, indemnify and hold harmless Owner, its members, officers,
directors, agents, employees and volunteers from and against all demands, claims,
actions, liabilities, losses, damages and costs, including reasonable attorneys' fees,
arising out of or resulting from the performance of the Agreement, caused in whole or in
part by the negligent or intentional acts or omissions of City, its officers, directors,
agents, employees, volunteers or contractors. Likewise, Owner shall defend, indemnify
and hold harmless City, its Council, officers, directors, agents, employees and
volunteers from and against all demands, claims, actions, liabilities, losses, damages
and costs, including reasonable attorneys' fees, arising out of or resulting from the
performance of the Agreement, caused in whole or in part by the negligent or intentional
acts or omissions of Owner, its officers, directors, agents, employees, volunteers or
contractors.
It is the intention of City and Owner that the provisions of the aforementioned paragraph
be interpreted to impose on each party responsibility to the other for the acts and
omissions of their respective officers, directors, agents, employees, volunteers, and
contractors. It is also the intention of City and Owner that, where comparative fault is
100100467. v: 21 2
determined to have been contributory, principles of comparative fault will be followed
and each party shall bear the proportionate cost of any damage attributable to the fault
of that party, its officers, directors, agents, employees, volunteers, and contractors.
7. INSURANCE
During the entire term of this agreement, Owner shall maintain the insurance
coverage described in this Section.
It is understood and agreed by the Owner that its liability to the City shall not in any way
be limited to or affected by the amount of insurance coverage required or carried by the
Owner in connection with this Agreement.
A. Minimum Scope & Limits of Insurance Coveraoe
(i) General Liability Insurance, providing coverage at least as broad as ISO
Commercial General Liability Form 00 01 for bodily injury, including death,
of one or more persons, property damage and personal injury, with limits
of not less than one million dollars ($1,000,000) per occurrence. The
policy shall provide contractual liability and products and completed
operations coverage for the term of the policy. Garage liability coverage
will be accepted if it meets the coverage requirements for general liability.
B. Additional Insured Coveraoe
(i) General Liability Liability Insurance: The CITY„ its. officials,. employees and
volunteers shall be covered by policy terms or endorsement as additional
insureds as respects liability arising out of activities performed by or on
behalf of Owner, products and completed operations of Owner, and
premises owned, leased or used by Owner.
C. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
(i) Owner's insurance coverage shall be primary insurance as respects City,
its officials, employees and volunteers. Any insurance or self- insurance
maintained by City, its officials, employees or volunteers shall be in
excess of Owner's insurance and shall not contribute with it.
(ii) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to City, its officials, employees or volunteers.
(iii) Coverage shall state that Owner's insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
(iv) City will be provided with thirty (30) days written notice of cancellation or
(00100467:v:2) 3
material change in the policy language or terms.
D. Acceptability of Insurance
Insurance shall be placed with insurers with a Bests' rating of not less than A:V.
Self- insured retentions, policy terms or other variations that do not comply with the
requirements of this Section must be declared to and approved by the City Risk
Management Division in writing.
Verification of Coverage
(i) Owner shall furnish City with certificates and required endorsements
evidencing the insurance required. The certificates and endorsements
shall be forwarded to the City representative. Copies of policies shall be
delivered to the City on demand. Certificates of insurance shall be signed
by an authorized representative of the insurance carrier.
(ii) The City may cancel this Agreement if the certificates of insurance and
endorsements required have not been provided, if the insurance is
canceled or Owner otherwise ceases to be insured as required herein.
Owner acknowledges that the City of Sacramento is a self- insured public entity and
agrees that City's program of self- insurance fulfills any and all insurance requirements.
The City of Sacramento shall provide a letter of self - insurance stating that the City of
Sacramento's self- insurance program adequately protects against liabilities and claims
arising out of the performance of this agreement,
8. IMPROVEMENTS
Subject to Owner's written consent as provided for in this Agreement, and
subject to City obtaining any requisite governmental permits for the construction and
operation of a commercial parking garage, City shall make such Improvements
( "Improvements ") to the Lot as City shall deem necessary for use of the Lot as a
commercial parking garage for automobiles, including, but not limited to, generally the
following: The City may install additional signs, posts and chains, etc for the purpose of
allocating or controlling space usage or traffic flow.
All such costs for Improvements shall be the sole responsibility of Owner. Any
construction, reconstruction or altering of Improvements shall, at Owner's expense, be
installed, constructed and maintained in accordance with applicable building and other
codes, in a good and workmanlike manner to the satisfaction of Owner, and in
accordance with all requirements of all departments, boards, bureaus, officials and
authorities having jurisdiction in the matter. All necessary permits for such construction
(including any permits required to cross public streets) shall be obtained by City.
City, at Owner's expense, shall install and maintain parking pay stations on the Lot.
too 100467: v: zt 4
9. MAINTENANCE AND REPAIR
City shall keep and maintain the Lot and all improvements thereon in good repair
and in a neat and satisfactory condition, and shall make all repairs and replacements
that may become necessary to the Lot, whether structural or nonstructural, ordinary or
extraordinary subject to Owner written approval. All notices and signs upon the Lot shall
be neat and properly maintained. Owner shall have the right to enter the Lot at all
reasonable times to inspect the same.
10. UTILITIES AND SERVICES
All charges for water, gas, light, heat, power, electricity, telephone or other
communication service, janitorial service, trash pick -up, sewer and all other services
supplied to or consumed on the Lot (collectively, "Services ") directly related to this
parking operation, and all taxes, levies, fees or surcharges therefore shall be the sole
responsibility of Owner.
11. SURRENDER OF LOT
Upon termination of this Agreement, City, without further notice, shall deliver up
to Owner possession of the Lot. City will have thirty (30) days after termination of this
Agreement to remove any personal property from the Lot. All improvements paid for by
the Owner shall remain the property of the Owner.
12. NOTICES
All notices shall be in writing and shall be deemed to have been given when
delivered personally or deposited in the United States mail, registered or certified,
postage prepaid, or delivered by overnight courier, and addressed to the party to whom
the notice is directed at the address set forth below. Either party may change the
address for notices or Owner may change the address for payments by giving the other
party written notice to that effect.
ADDRESS FOR NOTICES
To Owner:
DBP Realty Partners, L.P.
C/O Tower Development
Attn: Property Manager
4378 Auburn Blvd., Suite 300
Sacramento, CA 95841
100100467: v: 2) 5
To City:
Parking Services Division
Attn: Parking Services Manager
300 Richards Blvd., 2st Floor
Sacramento, CA 95811
13. TERMINATION OF AGREEMENT
Owner and City may unconditionally terminate this Agreement, at any time, by
providing the other party written notice no less than sixty (60) days prior to the selected
date of termination.
Termination or expiration of this Agreement shall not release any party hereto
from any liability or obligation hereunder, whether of indemnity or otherwise, resulting
from any acts, omissions or events happening prior to such termination or expiration.
14. RELATIONSHIP OF PARTIES
Nothing contained in this Agreement shall be deemed or construed by the parties
or by any third person or court to create the relationship of partnership or of joint venture
between Owner and City, and neither the method of computation of fee nor any other
provisions contained in this Agreement nor any acts of the parties shall be deemed to
create any relationship of owner of real property and holder of a limited agreement to
use the same for the purposes set forth herein.
15. SUCCESSORS
The covenants, conditions and agreements contained in this Agreement shall be
binding on the parties hereto and on their respective heirs, successors, assigns and
legal representatives.
16. EXHIBITS
All exhibits attached to this Agreement shall be deemed to be incorporated
herein by the individual reference to each such exhibit, and all such exhibits shall be
deemed to be a part of this Agreement as though set forth in full in the body of this
Agreement.
17. AUTHORITY
The undersigned parties hereby warrant that they have proper authority and are
empowered to execute this Agreement on behalf of Owner.
18. CAPTIONS
The Captions contained in this Agreement are for purposes of convenience only
and are not to be used to interpret or construe this Agreement.
100100467: v: 21
[Signatures on following page]
[00100467:v:2)
DATED: 7 -4/ -/�'7
41TITI01:9 l
DBP Realty Partners, L.P.,
a California limited partnership
By: Tower Development Corp.,
a California corporation
BY:
Timothy W. Lee
Its: Vice President
{00100487: v: 21 8
DATED:
CITY:
CITY OF SACRAMENTO,
a Municipal Corporation
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APPENDIX C
Sample Shared Parking Ordinance
BALBOA VILLAGE PARKING BENEFIT DISTRICT & SHARED PARKING IMPLEMENTATION I
APPENDIX C
City of Newport Beach
SAN BUENAVENTURA, CAI
Chapter 24.345 Downtown Parking (DP) Overlay Zone
Sec. 24.345.010. Chapter description.
Chapter 24.345 establishes the Downtown Parking ( "DP ") Overlay Zone. This chapter also
describes how required offstreet parking within the Downtown Area may be provided through the
authorization and issuance of parking approvals and the procedures and required findings
therefor. These provisions are intended:
1. To recognize that the Downtown Area is unique in the city and that it has opportunities to
address offstreet parking problems by specialized means not applicable to other areas of
the city;
2. To define a specific area in the Downtown which may be evaluated, relative to offstreet
parking requirements for non - residential uses, in a separate manner from the remaining
area of the city;
3. To allow both public and private non - residential uses located within the Downtown Area
to provide for required offstreet parking by a variety of methods that will maximize the
overall total number of parking spaces provided, as well as maximize the use of those
spaces;
4. To encourage development of additional offstreet parking in the Downtown Area;
5. To encourage redevelopment and revitalization of the Downtown Area utilizing
specialized methods of providing offstreet parking; and
6. To provide an effective and definitive method for review and processing for non-
residential uses located within the Downtown Area relative to the provision of offstreet
parking.
Sec. 24.345.020. Applicability.
The provisions of this chapter shall apply to all non - residential uses within the Downtown Area.
The Downtown Area may be designated as the DP Overlay Zone by the initials "DP" on the official
zoning district map. The provisions of this chapter shall apply and be deemed enacted and
effective as of July 4, 19$5•
Within the Downtown Area, repairs not involving structural alterations may be carried out on
buildings occupied, or otherwise used, by a non - residential use that is nonconforming as to the
offstreet parking requirements of chapter 24.415 without providing for any more offstreet
parking spaces than were provided for at the time such repairs are commenced.
r Chapter24.345 http:/ /library.munieode.com /index.aspx ?clientld= 10135 &stateld= 5 &stateName= California
Nelson%ygaard Consulting Associates Inc. I C- 2
BALBOA VILLAGE PARKING BENEFIT DISTRICT & SHARED PARKING IMPLEMENTATION I
APPENDIX C
City of Newport Beach
Within the Downtown Area, in any instance where a new use occupies a vacant building or
portion thereof that had previously been occupied by a use with the same or greater parking
requirements pursuant to chapter 24.415, that new use may, notwithstanding any provision
of chapter 24.415, to the contrary, be initiated without providing any more offstreet parking
spaces than were provided at the time the previous use occupied the same building or same
portion thereof.
However, when a non - residential use is initiated in conjunction with, or carries out, or proposes
to carry out, any structural alterations or other development described in sections 24.345.030,
24.345.040, 24.345.050, the total number of offstreet parking spaces that shall be provided for
that use shall be the cumulative total required by each and all of those three sections that apply.
Sec. 24.345.060. Parking approval.
In instances where it is not practicable to provide all required offstreet parking spaces on the
subject site pursuant to chapter 24.415, all required parking may be provided through one or
more of the following methods, provided that a parking approval is first approved in accordance
with chapter24.510:
7. Private onsite parking.
8. Private offsite parking, provided that:
a. The boundaries of the other site containing available parking are located within 50o
feet of the boundaries of the site containing the subject land use;
b. The parking spaces available on the other site are not required for another use; and
c. The applicant's right to use the offsite parking spaces is guaranteed in a manner
satisfactory to the director and the city attorney through a recorded instrument which
is irrevocable without notification to the city for the duration of the approval specified
in this section.
9. Shared onsite parking based on hours of operation, provided the uses sharing parking
either do not have overlapping hours of operation or overlap only when the same is found
to be consistent with and permitted pursuant to the guidelines for shared parking
approved by the city council as such guidelines may exist at the time of permit issuance.
1o. Shared private offsite parking based on hours of operation, provided that:
a. The uses sharing parking do not have overlapping hours of operation or overlap only
when the same is found to be consistent with and permitted pursuant to the
guidelines for shared parking approved by the city council as such guidelines may
exist at the time of permit issuance; and
b. The offsite parking is guaranteed in a manner satisfactory to the director and the city
attorney through a recorded instrument which is irrevocable without notification to
the city for the duration of the approval specified in this section.
11. Payment of an in -lieu parking fee for any required parking spaces not otherwise provided
pursuant to this section, which fee shall be paid prior to the issuance of any required
building permits or zoning clearance in accordance with the in -lieu parking fee program
established by the city council within the geographic boundaries of Downtown Parking
District Nos.1 and 2 as those boundaries may be amended from time to time. Payment of
such an in -lieu fee to meet offstreet parking space requirements may be allowed only if
the decision - making authority finds, in addition to the findings required by_Chapter
24.510, that each of the following circumstances does or will exist:
Nelson%ygaard Consulting Associates Inc. I C- 3
BALBOA VILLAGE PARKING BENEFIT DISTRICT & SHARED PARKING IMPLEMENTATION
APPENDIX C
City of Newport Beach
a. Provision of private onsite parking is infeasible due to existing development patterns
at the site; and
b. Provision of private shared parking is infeasible due to the applicant's proposed hours
of operation or the distance from available offsite parking, (i.e., greater than 50o feet)
12. Provision of required parking based on an allocation program which has been set up
through a property- owner- initiated assessment district.
Nelson%ygaard Consulting Associates Inc. I C- 4