SR-417-012
, ~ . . . II~
MAY 1 1988
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C/ED:CPD:JJ:DKW:LMC:bz
COUNCIL MEETING: May l7, 1988 Santa Monica, California
TO:
Mayor and City council
FROM:
City staff
SUBJECT: Recommendation to Authorize City Manager to Execute
Agreement Between the City of Santa Monica and the
Santa Monica Community College District and the Board
of Trustees of the Santa Monica Community College
District Regarding Implementation of a Preferential
Parking Zone, Lease of Classroom Facilities,
Construction of Parking Facilities at the College
Campus, and provision of Temporary Shuttle Service and
Parking Lots
INTRODUCTION
This report recommends that the City council authorize the City
Manager to execute an agreement with Santa Monica College
regarding the proposed Sunset Park preferential parking zone and
related issues. The agreement is the product of an intensive
series of discussions between the City, the College, and College
neighbors which occurred as result of direction to staff at the
November 10, 1987 Council meeting.
The Council is scheduled to
consider an ordinance creating the preferential zone at its May
24, 1988 meeting.
BACKGROUND
On November 10,
1988, the City Council received staff
recommendations to initiate the process to establish a
residential preferential parking zone in a fifteen block area
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MAY 1 7 1988
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Proposed Agreement
The proposed agreement has several key components which are
described below.
section 1 sets the term. of the agreement to begin on May 17,
1988, and to terminate upon the completion of the services
required by the agreement.
section 2 describes the boundaries of the proposed preferential
parking zone, states that the College will not oppose the
creation of the zone, mandates that the zone be established no
sooner than July 8, 1988 (reflecting College class schedules),
states that the zone may not be expanded wi thin a three-year
period from execution of the agreement or until required added
on-campus parking is provided, and requires rescission of the
preferential zone in the event the City fails to approve required
on-campus parking facilities.
section 3 permits the College to relocate classes to the Douglas
Museum site at Santa Monica Airport pursuant to a ten-year lease
to be negotiated between the city and the College. This lease
would not affect the proposed Santa Monica Airport Residual Land
project, since the Douglas Museum is outside of that project
site. The College would use this property to relieve parking
congestion at the College campus by relocating classes to the
Douglas site. The College would pay $100,000 per year in rent,
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bounded by Fourteenth street, Pico Boulevard, Seventeenth Street,
Delaware Avenue, Twentieth Street, Pi co Boulevard, Twenty-Third
street, Pearl street, Twenty-First street, Ocean Park Boulevard,
and Fourteenth Street. The Council also directed staff to work
with the College and area residents regarding College parking and
transportation issues, including development of added on-campus
parking resources and provision of a parking shuttle service to
remote parking sites. Interim parking facilities are needed to
offset the reduction in parking available to College students and
faculty that will occur upon establishment of the proposed
preferential parking zone.
Staff has met with College and neighborhood representatives in an
effort to forge a consensus resolution to the College parking
issue. The product of these discussions is a proposed agreement
by the College not to oppose the preferential parking zone and to
construct an additional 1200 on-campus parking spaces, providing
the city agrees to assist the College in the provision of interim
remote parking and classroom facilities and shuttle service to
the remote sites. These understandings are reflected in the
proposed agreement (see Exhibi t 1) between the City and the
College. The agreement has the support of the Santa Monica Safe
streets Committee, an organization of Sunset Park residents which
was formed to promote the preferential parking zone.
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with annual adjustments for inflation. The agreement provides
for a payment of $300,000 to be paid over the first two years of
the lease. The College would have the right of first refusal on
an additional ten year lease at the end of the first ten year
period.
Section 4 requires the College to construct two on-campus parking
structures, providing a net increase of approximately 1200 spaces
on what is currently designated as Lot 4 and the College Softball
Field. The City would act as the lead agency under CEQA and the
approving agency for this project, and would be responsible for
preparing an Environmental Impact Report (EIR) on the project,
the cost of which would be paid by the College.
section 5 establishes performance criteria for both the City and
the College, including timelines for the city to prepare the EIR,
and the dates by which the College must begin and complete
construction of the two new parking structures. Under the
agreement, the structures must be completed by April 17, 1991.
section 6 requires the city to provide temporary remote parking
lots and shuttle service for three years from the date of the
agreement, or until completion of the new parking structures,
whichever is sooner. The City is required to provide up to 1200
parking spaces at one or more locations, which may include lots
at Santa Monica Airport, the Colorado Place Phase III site, the
Water Gardens site, the Civic Center or other sites. The
agreement sets forth standards for shuttle service including
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hours of operation, and limits the City's financial co~~itment to
actual costs of operating the shuttle service and shuttle
vehicles.
The College would be responsible for parking lot
improvements, security, insurance and parking lot maintenance.
The proposed agreement would represent a maj or step forward in
resolving long-standing College parking and traffic issues.
BUDGET/FINANCIAL IMPACT
Under the agreement, city expenditures of $300 - 400,000 per
year anticipated as a result of shuttle operational costs. The
lease revenue from the Douglas Museum site will be $100,000 per
year. Revenue from the creation of the preferential parking zone
would accrue from permit sales and citations, which would further
mitigate the shuttle operational expenses.
RECOMMENDATION
It is respectfully reco!!l.mended that the City Council authorize
the City Manager to execute the agreement (Exhibit 1) between the
city of Santa Monica and the Santa Monica Community College
District and the Board of Trustees of the Santa Monica Community
College District.
Prepared by:
John Jalili, City Manager
Linda A. Mills-Coyne, Deputy city Attorney
D. Kenyon Webster, Senior Planner
Exhibit 1:
(smcagr)
Proposed Agreement
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AGREEMENT
THIS AGREEMENT ("Agreement"), entered into this _ day of
1988, by and between the CITY OF SANTA MONICA, a
municipal corporation ("City"), the SANTA MONICA COMMUNITY
COLLEGE DISTRICT and the BOARD OF TRUSTEES OF THE SANTA MONICA
COMMUNITY COT.T.F.GE DISTRICT (hereinafter referred to as the
"Collegell and the "Board of Trustees," respectively), is made
with reference to the following:
R E C I TAL S:
A. The city is a municipal corporation duly organized and
validly existing under the laws of the state of California with
the power to carry on its business as it is now being conducted
under the statutes of the State of California and the Charter of
the City.
B. The ci ty and the Santa Monica City Council ( "Ci ty
council") are considering the establishment of a preferential
parking zone in two phases around Santa Monica College as
recommended by City Staff in its report to the city Council
submitted at the City Council meeting on November 10, 1987.
C. The City and the City Council desire to mitigate any
adverse effects on the College by the establishment of such a
preferential parking zone.
D. The city and the City Council, in establishing a
preferential parking zone around the College, do not desire to
discourage attendance at the college, but rather desire to ease
the traffic and parking burden on neighbors of the College.
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E. The College and the Board of Trustees desire to ease
any traffic and parking burden on neighbors of the College.
F. The College and the Board of Trustees do not oppose the
establishment of a preferential parking zone around the College.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
SECTION l. TERM.
The term of this Agreement shall commence on the 17th day
of May, 1988, and shall terminate upon the completion of services
required by this Agreement, unless terminated earlier as set
forth herein.
SECTION 2. IMPLEMENTATION OF PREFERENTIAL PARKING ZONE.
A. Zone. If the City determines that it shall go forward
wi th the establishlnent of a preferential parking zone (JlZone")
around the College, the Ordinance creating such Zone shall
encompass the following:
el) The initial Zone shall be established no sooner
than July 8, 1988.
(2) The area of the initial Zone shall not exceed
the fifteen (15) block area bounded by the following streets:
Fourteenth Street, pico Boulevard, Seventeenth street, Delaware
Avenue, Twentieth street, Pico Boulevard, Twenty-Third street,
Pearl street, Twenty-First street, Ocean Park Boulevard, and
Fourteenth street. The area so bounded is set forth in the map
enti tIed "Map Number 3, Phase 1, Proposed Preferential Parking,
Santa Monica College Area," attached hereto as Exhibit A.
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(3) The Zone shall not exceed the area so described
for a period of three (3) years, or until the completion of the
on-campus parking structures contemplated by this Agreement,
whichever occurs sooner.
(4) If the city acting in its governmental capacity
and in compliance with the California Environmental Quality Act
("CEQA") , fails to approve or conditionally approve the
construction of the two on-campus parking structures, the
ordinance creating the preferential parking Zone shall expire
within ninety (90) days of such failure to approve or
conditionally approve the structures.
(5) In the event that any person or enti ty , on
whatever basis, brings suit and successfully blocks the
construction of the two on-campus parking structures, or the use
of such structures for parking, the Ordinance creating the Zone
shall expire within ninety (90) days of the date upon which the
decision blocking the construction or use of the structures
becomes final.
B. College Does Not Oppose. The College shall not oppose
the implementation of the proposed Zone around the College.
C. In the Event of Suit. In the event that any person or
entity on whatever basis brings suit and successfully:
(i) sets aside the entire specified fifteen (15)
block area of the Zone such that the entire specified
fifteen (15) block area of the Zone is no longer in effect
for any reason whatsoever; or
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(ii) blocks the construction of the two on-campus
parking structures, or the use of such structures for
parking,
then the City shall have the right in its sole and absolute
discretion to terminate some or all of its obligations under this
Agreement.
SECTION 3. LEASE OF CLASSROOM FACILITIES AND ADDITIONAL
PARKING AT DOUGLAS MUSEUM SITE.
A. Lease. To permit the College to relocate classes from
the College to the Santa Monica Airport ("Airport"), the College
and the City shall negotiate and enter into a Lease (flLease") of
certain real property ("Propertytl) commonly known as the Douglas
Museum site, as described in Exhibit B, attached hereto, on the
following terms and conditions:
(1) Term of Lease. The term of the Lease shall be
for a period of ten (10) years, commencing on July 1, 1988,
except that the garage building commonly known as the "Fleet
Buildingfl shall continue to be available for use by the Douglas
Museum as storage space through November 30, 1988, or until the
new Douglas Museum site north of the Airport becomes available
for them to use as storage, whichever occurs sooner. The College
shall have the right of access to the Property no later than June
1, 1988, in order that the College may commence the construction
of improvements to the site; provided, however, that such access
shall be subject to the approval and supervision of the Airport
Director so as not to intrude upon or inconvenience the Douglas
Museum.
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(2) Base Rent. Rent shall be due in advance on the
first day of each year of the Lease. The College shall pay One
Hundred Thousand Dollars ($100,000.00) per year as base rent
("Base Rent"). The Base Rent shall be adjusted annually by any
increase in the Consumer Price Index (All Urban Consumers: Los
Angeles-Anaheim-Long Beach).
(3) Advance Rent. In the first and second year of
the Lease, the College shall prepay an additional Fifty Thousand
Dollars ($50,000.00) per year, for a combined Base Rent and
Advance Rent payment of One Hundred Fifty Thousand Dollars
($150,000) on the first day of the first year and on the first
day of the second year of the Lease.
(4) Remaining Base Rent. The remaining Base Rent
for the ten (10) year term of the Lease, in the amount of Seven
Hundred Thousand Dollars ($700,000.00), shall be pro-rated over
the remaining eight (8) years of the term of the Lease and shall
be payable in the amount of Eighty-Seven Thousand Five Hundred
Dollars ($87,500.00) per year commencing on the first day of the
third year of the Lease, and on the first day of each year
thereafter.
(5) Refund of Base Rent and Advance Rent. Should
the Lease be terminated prior to the expiration of its term, the
City shall refund to the College:
(i) all Base Rent (on a pro-rated monthly basis)
for that portion of the lease year remaining after
the date of termination of the Lease;
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(ii) all Advance Rent (on a pro-rated monthly basis)
for that portion of the lease year remaining after
the date of termination of the Lease; and,
(iii) all Advance Rent then paid for lease years
commencing after the lease year in which the
termination occurred;
provided, however, that the City shall be entitled to retain from
such refunded Rent an amount equal on a pro-rated basis to six
(6) months Rent as a security deposit, which security deposit
shall also be refunded to the College after all claims to which
such security deposit may be Subject have been paid.
(6) Definition of "Triple Net". The Lease shall be a
"triple net" lease with rent payable by the College to the City
net of and without setoff or deduction for all taxes, utilities,
insurance, maintenance expenses, and all costs and expenses set
forth in Exhibit C attached hereto. In no case shall the City be
liable for or be Obligated to incur any expense, liability, or
charge with respect to the ownership, possession, or operation of
the Property. The College shall maintain the tax-exempt status
of the Property.
B. Right of First Refusal. At the end of the ten year
term of the Lease, the College shall have the right of first
refusal to lease the Property for an additional ten (10) year
term. The amount of the new rent for such subsequent term shall
be set by the City in the Cityfs sole discretion, and shall be
the fair rental value of the Property at its highest and best
use, and with the assumption that the Property is unimproved
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regardless of any improvements that may be located thereon at
that time. The College shall have the six (6) month period
immediately prior to the expiration of the Lease within which to
exercise its riqht of first refusal.
C. Termination Procedure for Lease. In the event that the
performance criteria set forth in Section 5 herein are not met,
the city shall have the right to terminate the Lease according to
the following procedure:
(1) Notice of Default. The City shall give the
College a written notice of default requiring that the College
cure the alleged default within a thirty (30) day period from the
date the notice is served or deemed served, or in the event that
the cure cannot be completed within such thirty (30) day periOd,
then the College shall undertake or commence to cure the default
within such period and shall thereafter diligently prosecute the
cure to completion.
(2) Notice of Cancellation. In the event that the
College:
(i) fails to cure the alleged default (in the case
of a default that may be cured within such thirty (30) day
period); or
(ii) fails to undertake or commence to cure the
alleged default within such thirty (30) day cure periOd (in
the case of a default that because of its nature cannot be
cured within such thirty (30) day periOd,
the city shall qive the College a written notice of cancellation,
stating the reasons for cancellation and that the ci ty thereby
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cancels the Lease effective upon the expiration of six (6) months
from the date the notice of cancellation is served or deemed
served.
D. Improvements. The College shall improve the Property
at a minimum in the manner set forth in the memorandum
("Memorandum") by Peter Hansen, dated February 19, 1988, entitled
"2800 Aviation Avenue, study and Cost Estimate," a copy of which
is attached hereto as Exhibit D. Any improvements in addition to
those set forth in the above Memorandum shall be subject to the
pr ior wri tten consent of the Airport Director, which consent
shall not be unreasonably withheld or withheld on the basis of
purely aesthetic considerations. Upon expiration or termination
of the Lease, all fixtures and leasehold improvements shall
become the property of the City.
E. Classes. since the intent of the parties in entering
into the Lease is to relieve parking congestion around the
College campus, the College agrees to use the property to locate
primarily classes and programs presently existing at the College
to the Property. The Property is not intended to provide for the
expansion of College programming. The College shall relocate
some aviation-related classes to the Property.
F. Agency Approval. The Lease of the Property shall be
subject to the prior written approval of the following state
agencies: Board of Governors of the California Community
Colleges, state Department of General Services.
G. Additional Lease Terms. In addition to the terms and
conditions set forth in this Section, the Lease shall contain
such other agreed upon terms and conditions as are contained as
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E. Reimbursement of Cost. The College shall, upon demand,
reimburse the city for the actual cost of the EIR, currently
estimated at $30,000 to $40,000.
F.
CEQA.
It is understood that no permanent on-campus
parking structures may be constructed by the College unless the
provisions of CEQA are complied with.
SECTION 5. PERFORMANCE CRITERIA.
A. Deadlines. In addition to any other events of default
set forth in this Agreement or in the Lease between the College
and the city, the failure of the College or the city to comply
with the following deadlines for completion of the parking
structures shall be deemed an event of default under the Lease
and under this Agreement; provided, however, that the City may
not terminate the Lease by reason of its own default or failure
to comply with the following deadlines:
(i)
College to deliver June 17, 1988
all information
requested by the City
to facilitate
the environmental
review process; City
to request such infor-
mation in a timely
manner in order that
the parties may comply
with this deadline
(l month from
the date of this
Agreement)
(ii) City to complete Novelllber l7, 1988 (5 months)
EIR
(iii) College to complete February 17, 1989 (3 months)
design
(iv) College to obtain June 17, 1989 (4 months)
Office of state
Architect ( "0SA")
approval
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standard terms in leases used by the City at the Airport,
including any requirements imposed by the Federal Aviation
Administration. The City has no knowledge or belief that the
Property cannot be used in the manner and for the purpose set
forth in this Agreement.
SECTION 4. CONSTRUCTION OF PARKING FACILITIES.
A. On-Campus Structures. The College shall construct two
on-campus parking structures, providing a net increase of
approximately 1200 on-campus parking spaces, located at what is
currently designated' as "Lot 4ff and at the College Softball
Field.
B. Description of Structures. The structures shall be in
substantial accordance with the description entitled "College's
Recommendation for Parking structures," attached hereto as
Exhibit E.
C. City to Prepare EIR and Act as Approving Agency. The
City shall prepare an Environmental Impact study and an
Environmental Impact Report ("EIR") on the construction of the
parking structures as soon as practicable, and shall act as the
approving agency for such EIR.
D. Scope of EIR. The EIR shall consider the environmental
impact of at least each of the following:
(1) Two on-campus parking structures with a net
increase of 1200 spaces.
(2) No additional parking structures on campus.
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(v)
College to award
bid
August 17, 1989
(2 months)
(vi)
College to start
construction
October 17, 1989
(2 months)
(vii)
College to
complete
construction
August 17, 1990-
April 17, 1991
(lO-IS months)
B. Extension of Deadlines. The failure of the College or
the City to meet the performance deadlines set forth above shall
not be an event of default if the College or City is prevented
from doing so by reason of events or circumstances beyond the
control of either the city or the College. In this regard, the
parties acknowledge that obtaining OSA approval as set forth in
item (iv) of paragraph A above is an event beyond the control of
either party. In the event that either the City or the College
is delayed in complying with any of the deadlines set forth
above, the deadlines so delayed shall be extended for a period of
not more than sixty (60) days. If the city or the College is
prevented from complying with any of the deadlines set forth
above for a period of more than sixty (60) days, the parties
shall attempt, within an additional thirty (30) days, to agree to
new deadlines. If, at the end of such additional thirty (30) day
period, the parties cannot agree on new deadlines, such failure
to agree shall terminate the City's obligations under this
Agreement and shall be an event of default under the Lease;
provided, however, that the College's failure to obtain OSA
approval shall not terminate this Agreement or be considered an
event of default under the Lease until the expiration of an
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additional thirty (30) day period. Both parties shall be
reasonable in their attempt to negotiate any new deadlines.
SECTION 6. TEMPORARY PARKING LOTS AND SHUTTLE SERVICES.
A. Term for provision of Parking Lots and Shuttle
Services. Except as set forth in paragraph J and in paragraph K
of this Section, the City shall provide the temporary parking
lots and shuttle services set forth in this section to mitigate
the impact of the creation of the Zone for no longer than the
date of completion of construction of the parking structures or
for three (3) years from the date of this Agreement, whichever
occurs first. Shuttle service may be extended for no longer than
an additional four (4) month period beyond the expiration date of
this Agreement in the event that the deadline for OSA review set
forth in subparagraph (iv) of paragraph A of Section 5 is not
met.
B. Parking Lots. The City shall provide a total of up to
1200 parking spaces as necessary at one or more parking lots,
including a parking lot south of the College located at Santa
Monica Airport ("Airport Parking Lot"). The parking that shall
be available at the Airport Parking Lot is in addition to that
parking available at the Douglas Museum site (nDouglas Lottt),
which, because the Douglas Lot shall be governed by the terms of
the Lease described in Section 3, may not be closed by the City
pursuant to this Section. Parking lots shall be for the use of
College employees, students, and College visitors. The parking
lots may be changed from time to time to comparable locations by
the mutual agreement of the partiest provided, however, that the
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Airport Parking Lot shall be maintained for the term. of this
Agreement, subject to the City's right to close parking lots if
lot usage falls below those levels set forth in paragraph C of
this Section.
C. Closure of Parking Lots and Subsequent Reinstatement.
If usage at a parking lot falls below a weekly average of 150
cars per day for two consecutive weeks exclusive of holidays, the
City shall have the right to close such parking lot, so long as
the City has discussed the matter with the College in advance and
has provided the College at least two (2) weeks prior written
notice of its intent to so close such parking lot; provided,
however, that the ci ty shall close such lots in the following
sequence:
(i) all lots other than the Airport Parking Lot;
(ii) the Airport parking Lot.
Parking lots closed pursuant to this paragraph shall be
reinstated at the beginning of the next succeeding semester
registration period and shall remain open until and unless they
again fall below the lot usage level set forth in this paragraph.
In no event may the provisions of this paragraph be used to close
the Douglas Lot (which will be part of the Property governed by
the Lease) or to close any parking lot until the Zone takes
effect.
D. Operation of Parking Lots. The College shall operate
the parking lots and shall be responsible for the maintenance,
security, lighting, custody and control of the parking lots.
E. Public Shuttle Services. The City shall provide public
shuttle services to and from the College and:
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(i) all lots other than the Airport Parking Lot;
(ii) the Airport Parking Lot; and
(iii) the Douglas Lot.
The City shall provide a maximum of forty-six (46) bus hours of
service each week day. shuttle service shall not be provided on
weekends.
F. Levels of Shuttle services. Initial shuttle services
shall be at a level which reasonably ensures that a shuttle shall
be available at each parking lot and at the Douglas Lot every
twelve (l2) minutes. Adjustments to the level of shuttle service
shall be made if the parties agree that site usage does not
necessitate the maintenance of a twelve (12) minute interval
between the availability of shuttles, but rather a more or less
frequent level of service. During evening hours shuttle service
shall be sufficient to accommodate all waiting passengers in each
twelve (12) minute interval. The City shall have full discretion
in determining the best means to provide the above levels of
service. If shuttle usage falls below an average of three (3)
passengers per trip for any two (2) hour period, the city shall
have the right to reduce or terminate shuttle service during that
time period, so long as the city has discussed the matter with
the College in advance and has provided the College at least two
(2) weeks prior written notice of its intent to so reduce or
terminate shuttle service. Shuttle service reduced or terminated
pursuant to this paragraph shall be reinstated at the beginning
of the next succeeding semester registration period and shall
continue at such level until and unless shuttle usage again falls
below the shuttle usage level set forth in this paragraph.
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G. Hours of Operation for Parking Lots and for Shuttle
Services. The hours of operation for the parking lots and for
shuttle services shall be:
(1) 7:1.5 a.m. to 10:30 p.m., between the College
campus and sites other than the Airport Parking Lot and Douglas
Lot.
(2) 7:l5 a.m. to 6:30 p.m., between the College
campus and the Airport Parking Lot and Douglas Lot; provided,
however, that if no other parking lot is in use, the Airport
Parking Lot shall remain open and shuttle service shall be
provided until 10:30 p.m.
(3) 7:1.5 a.m. to 10:30 p.m., between the Douglas Lot
and the Airport Parking Lot; provided, however, that this shuttle
service shall only be operated in the event that less than 100
additional parking spaces are provided within 600 feet of the
Douglas Lot.
H. Costs of Parking Lots and of Shuttle Services. In
connection with the City's providing parking lots and operating a
shuttle service, the City shall not be required to undertake any
costs in addition to the actual costs of operating and insuring
the shuttle service and shuttle vehicles. All costs and expenses
of the parking lots shall be borne by the College, including, but
not limited to, the costs of adequate security, maintenance, and
insurance for all parking lots and all necessary parking lot
improvements.
I. Discontinuance of Parking Lots and Shuttle Service. In
the event that the College fails to meet the performance criteria
set forth in section 5 herein, such failure shall be an event of
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defaul t under this AgreeInent and under the Lease and the ci ty
shall be excused from providing further shuttle services and from
providing parking lots, provided that the city has complied with
the provisions of paragraph C of Section 3 herein.
J. Additional Parking at Airport. The city is interested
in providing throughout the term of this Agreement and of the
Lease at least 250 parking spaces at the Airport in addition to
the parking currently available at the Douglas Lot, and in good
faith will attempt to do so. Such additional spaces shall be
counted toward the 1200 parking spaces the City shall provide
pursuant to paragraph B of Section 6, and shall not be in
addition to such 1200 spaces.
K. Parking at the Civic Center. The City and the College
shall negotiate in good faith to enter into an agreement whereby
the city shall provide parking at the civic Center Parking Lot
and a shuttle service between the College campus and such Lot
during the first four (4) weeks of each semester, for a period of
no longer than three (3) years from the date of this Agreement,
but only so long as space is available in such Lot. The College
shall bear the entire cost of all shuttle services provided
pursuant to this paragraph.
SECTION 7. NOTICES.
All notices, demands, requests, or approvals to be given
under this Agreement, shall be given in writing and conclusively
shall be deemed served when delivered personally or on the third
business day after the deposit thereof in the United States mail,
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postage prepaid, registered or certified, addressed as
hereinafter provided.
All notices, demands, requests, or approval from College to
city shall be addressed to City at:
City of Santa Monica
Office of the City Manager
1685 Main Street
Santa Monica, California 90401
Attn: City Manager
All notices, demands, requests, or approvals from city to
College shall be addressed to College at:
Santa Monica Community College District
Office of the superintendent and President
1900 pico Boulevard
Santa Monica, California 90405
Attn: superintendent and president, URGENT
SECTION 8. INDEPENDENT PARTIES.
Both parties hereto in the performance of this Agreement
shall be acting in an independent capaci ty and not as agents,
employees, partners, or joint venturers of one another. Neither
party nor its officers or employees shall have any control over
the conduct of the other party or any of its agents, employees,
or subcontractors.
SECTION 9. INTEGRATED CONTRACT.
This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the
parties hereto regarding the matters set forth herein, except for
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those other matters not stated herein that will be negotiated as
part of the Lease, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No
verbal agreement or implied covenant shall be held to vary the
provisions hereof. Any modification of this Agreement shall be
effective only by written agreement signed by both parties.
SECTION 10. INSURANCE.
A. Policies Provided by College for Maintenance and
operation of parking Lots. On or before the commencement of this
Agreement, College shall furnish the City with certificates
showing the type, amount, class of operations covered, effective
dates and dates of expiration of insurance policies as set forth
below. College's compliance with the insurance requirements set
forth below does not in any way limit College's indemnification
obligations as set forth in Section 12 hereof. The certificates
of insurance shall contain substantially the following statement:
"The insurance covered by this certificate will not be canceled
or materially altered, except after thirty (30) days written
notice has been received by the City."
It is agreed that the college shall maintain in force at
all times during the term of this Agreement the following
pOlicies of insurance, and that said policies of insurance shall
be secured from a financially rated and responsible company or
companies, doing insurance business in the state of California:
(i) Comprehensive General Liability Insurance. A
policy with a minimum limit of One Million Dollars
($1,000,000.00) per occurrence combined single limits for bodily
- 18 -
.
.
injury and property damage. This insurance shall include for
bodily injury and property damage the following coverages:
(1) Premises - Operations.
(2) Independent Contractor - Subcontractor.
(3) Contractual.
(4) Broad form property damage.
(ii) Comprehensive Automobile Liability Insurance.
A minimum limit of Three Hundred Thousand Dollars ($300,OOO.OO}
per occurrence combined single limits for bodily injury and
property damage. This insurance shall include for bodily injury
and property damage the following coverages:
(1) Owned Automobiles.
(2) Hired Automobiles.
(3) Non-owned Automobiles.
B. Policies Provided by City for operation of shuttle
Services. On or before the commencement of this Agreement, the
City shall furnish College with certificates showing the type,
amount, class of operations covered, effective dates, and dates
of expiration of insurance policies evidencing coverage for the
operation of shuttle services by the city. The City'S compliance
with the insurance requirements set forth herein shall not in any
way limit the city's indemnification Obligations as set forth in
Section 12 hereof. The certificate of insurance shall contain
substantially the following statement: liThe insurance covered by
this certificate will not be canceled or materially altered,
except after thirty (30) days written notice has been received by
the College." The city shall maintain such coverage in force at
all times during the term of this Agreement and said policy of
- 19 -
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.
insurance shall be secured from a financially rated and
responsible company or companies, doing insurance business in the
state of California.
C. Workers' compensation Insurance. Concurrent with
execution of this Agreement by City, College shall file with the
City Manager the following signed certification: I'The College is
am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and the College will
comply with such provisions before commencing the performance of
this Agreement."
D. subrogation Waiver. College and City agree that in the
event of loss due to any of the perils for which it has agreed to
provide insurance, College and City each shall look solely to its
own insurance for recovery.
Each party hereby grants to the other, on behalf of any
insurer providing insurance to either College or the City with
respect to the obligations of either herein, a waiver of any
right of subrogation which any such insurer of either party may
acquire against the other by virtue of the payment of any loss
under such insurance.
E. Failure to Secure. If College at any time during the
term hereof, should fail to secure or maintain the foregoing
insurance, City shall be permitted, but has no obligation, to
obtain such insurance in the College's name or as an agent of the
College and shall be compensated by the College for the costs of
the insurance premiums at a rate not to exceed the maximum rate
- 20 -
..
.
.
permitted by law computed from the date written notice is
received that the premiums have been paid.
F. Additional Insured. Each party shall name the other as
additional insured on the policies required hereunder. The
naming of such additional insured shall not affect any recovery
to which such additional insured would be entitled under the
policy if not named as such additional insured, and any
additional insured named in such pOlicy shall not be held liable
for any premium. or expense of any nature on the policy or any
extension thereof. Proceeds from any policy or policies shall be
payable to the first party primarily and to the second party
secondarily, if necessary.
SECTION 11. COST OF LITIGATION.
If any legal action is necessary to enforce any provision
hereof or for damages by reason of any alleged breach of any
provisions of this Agreement, the prevailing party shall be
entitled to receive from the losing party all costs,
disbursements, and expenses and such amount as the court may
adjudge to be reasonable attorney's fees.
SECTION 12. INDEMNIFICATION.
Each party shall indemnify, defend, and hold harmless the
other, its councilor Board of Trustees, boards and commissions,
officers, agents, and employees from and against any and all
loss, damages, liability, claims, suits, costs and expenses
whatsoever, including reasonable attorneys' fees, arising from or
in any manner connected to the negligent acts, errors, or
omissions of the other party or the other party's officers,
- 21 -
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.
agents, or employees in the acts, duties, and obligations
required by the party to be performed under this Agreement.
SECTION l2. COUNTERPARTS.
This Agreement may be executed in several counterparts,
each of which is an original, and all of which together
constitute one and the same document.
SECTION 13. WAIVER.
A waiver by either party to this Agreement of any breach of
any term, covenant, or condition contained herein shall not be
deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained herein, whether of
the same or a different character.
SECTION 14. GOVERNING LAW.
This Agreement shall be construed in accordance with and
governed by the laws of the state of California.
- 22 -
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.
..
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed the day and year first above written.
CITY OF SANTA MONICA,
a municipal corporation
By
JOHN JALILI
City Manager
APPROVED AS TO FORM:
ROBERT M. MYERS
City Attorney
SANTA MONICA COMMUNITY
COLLEGE DISTRICT
By
LMCD067jhpca
- 23 -
,.
PF\OPO-:EO PREF=R=.NT\AL.. PA-l<Kl ~G
CSA~A MOt..Jlc..o.: CC' f_F~E .AK=:A , _,... . .
.
EXHIBIT B
.
LEGAL DESCRIPTION OF DOUGLAS MUSEUM SITE
[To be provided]
.
.
EXHIBIT C
Triple Net Lease Provisions
All payments of rent to the city as landlord under the
Lease referred to in the attached Agreement between the City of
Santa Monica and the Santa Monica Community College District are
intended to be completely "net" to the city as landlord under the
Lease. The rent shall be net of all impositions, all amounts,
all costs, all expenses, and all charges of any and every kind
whatsoever, whether foreseen or unforeseen, which may be or
become due or owing with respect to all or any part of the
Property during or for or with respect to all or any part of the
Term of the Lease, including, without limitation, all real
estate, ad valorem, and other taxes or assessments, possessory
interest taxes, water and sewer charges, utility charges of any
kind or nature, insurance expenses, maintenance expenses, and all
operating costs of any kind or nature whatsoever, and all
governmental impositions and charges of every kind and nature
whatsoever, extraordinary as well as ordinary, and each and every
installment thereof, which shall or may during the Term of the
Lease be charged, laid, levied, assessed, imposed upon, or become
payable out of, or become liens upon, or arise in connection with
the ownership, leasing, operation, use, occupancy, or possession
of, or become due or payable out of, the Property or any part
thereof, or be payable for or with respect to the Property, or
with respect to the Lease, or the privilege of entering into and
holding the Lease, or leasing, or leasing space within, the
Property, regardless of whether assessed or levied upon or
payable by the city as landlord or the College as tenant, and all
amounts assessed against all or any part of the property from
time to time pursuant to the terms of the Lease.
lmcd068/hpca
.
E~IT D
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,.
,
2800 AVIATION AVENUE
Study & Cost Estimate
Table of Contents
General Information . . . . . . . . . . . . . . . . .
Existing First Floor Plan . . . . . . . . . . . . ~ .
Existing Basement Plan. . . . . . . . . .
Proposed First Floor Plan . . . . . . . . . .
Proposed Basement Plan ......... .
Site Plan (sketch) ....... . . . . . .
Site Preparation Cost Estimate . ~ . . . .
Building Preparation Cost Estlmate
Costs Not Included in Estimate . .
Operational Cost Considerations . . . . . . . . .
. . . Page 1
. . . Page 2 (fold out)
. . . Page 3 (fold out)
. . Page 4 (fold out)
. . . . . Page 5 (fold out)
. . Page 6 (fold out)
. . . . . . Page 7
. Page 8
. . . . Page 10
. . . . . ~age 11
. . . .
Prepared by Peter A. Hansen
Facilities Services Administrator
Santa Monica Co1fege
(2l3) 452-9228
February 19, 1988
.
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GEIJERAL INFOR~1ATION
2800 AVlation Avenue
Parking
250 potential parking spaces
additional space for motorcycles and bicycles
~ce Allocation Proposed *
8 Classrooms
#1 1st Floor, 1040 square feet
12 II " 1040 " "
#3 II II 730 " II
,
14 II It 770 " II
.
15 " II 730 II II
,
1/6 n .. 770 " "
.
#7 Basement 600 " "
,
DB " " 600 " II
~
4 Orfi ces
2 Conference Rooms
2 Work Rooms
1 Kitchenette Area
1 Copy Room
Various Storage Space
Cost-Estimate *
~ .
. $ 17~660.
. . . . . . $135,100.
. $152,760.
. . . . . . . $ 7,638.
. . . . . . $160~398.
Site Preparation . . . . . . . .
BUllding Preparation. . . .
Sub Total. . ~ . . . . .
+ 5% Contingency ....
Total Cost-Estimate ......
. . .
If cooling added to proposed 1st floor heat/vent system,
add $20,000. .
~ 1 Refer to proposed First FlPor Plan & Basement Plan herein.
* 2 Refer to Schematic Cost-Estimate Data herein.
-
.
Site Preparation (major cost items)
1)
Clear city of Santa Monica storage yard
(City or SMe)?
2)
3)
4)
5)
Remove chainlink fence (2300LF) as requested
Fill in mechanics pit
Fill in misc. pits at rear of garage
Remove large electrical panel (abandoned)
6) New a.c. paving as follows:
a) to level uneven conc. slabs at rear of
garage (GOOsf)
b) at lot perimeter (3200sf)
c) at mechanics pit (500sf)
d) misc. areas + repair (600sf)
7) Remove/relocate storage shed
8) Install new chainlink fencing, vehicle and
ped. gates, hasps, locks, etc.
9) Clean, prep. lot for stripe
IO} Stripe ~250 parking spaces
11) Service electric gate
12) Provide parking lot lighting
13) Signage as r~quired
14) Waste bins (contract service)
15) Trash containers at lot (8)
16) Clean/manicure all landscape
SITE. . . . . . $
~
- 1 -
?
800.00
1,700.00
800.00
500.00
480.00
2,550.00
400.00
480.00
150.00
2,100.00
200.00
800.00
150.00
3,500.00
700.00
350.00
1,200.00
800.00
17,660.00
.
.
Building Preparation (major cost items)
1)
Provide three (3) handicapped access ramps to
building, with rails, code
2)
Modify three entry doorsets/hardware to
facilitate handicapped accessibility
Provide 1st floor classroom, conference
space with heat/ventilation system, roof
mount unit (with cooling $56,000)
Service the following equipment:
a) basement HVAC heat pump system
b) Exhibition Hall heater units
c) office window a.c. units (4)
d} building domestic hot/cold water system
5) Demolition/removal/relocate
a) interior partitions (450LF)
b) carpet (673sy)
c) storage shelving, relocate (40LF)
d) interior security screens (24)
e) gas fired wall heaters (16) (leave in
place-inop)
f) window a.c. units (8)
g) misc. (32 man hours)
3)
4)
6) Patch/repair/restore as required
7) Construct interior partitions,
soundproof (~80LF)
8) Electrical
a) power
b) lighting
9) Painting (interior only)
10) Carpeting (--700sy) + base
11) Blinds (36)
12) Boards (16 @ 4' X 8')
13) Projection screens (8)
14) Make 1st floor restroQms (2) and
fixtures handicapped accessible
15) Fire Protection hand units (6)
- 2 -
4,800.00
1,200.00
38,500.00
200.00
150.00
120.00
150.00
2,500.00
800.00
400.00
300.00
250.00
400.00
800.00
1,500.00
12,800.00
2,000.00
6,500.00
5,800.00
17,500.00
4,500.00
4,000.00
2,400.00
14,900.00
750.00
.
.
16) Clocks (l2)
17) Drinking fountains (2)
18) Interior signage
19) Phones (as per Dick Domittan)
20) Floor mats at entries (4)
21) Trash cans/wastebaskets
22) Urns (5)
BUILDING.......$
II
- 3 -
1,080.00
900.00
500.00
8,000.00
300.00
600.00
500.00
135,100.00
.' ,
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.
Not included in cost-estimate
1) Handicapped accessibility to basement areas
2) Classroom furniture or equipment
3) Office/conference room furniture or equipment
4) Computer equipment/network
5) Copy equipment
6) Food service or vending equipment
7) Exhibition equipment
8) Graphics, poster display, display cases
9) 1st aid supplies
10) Bottled water service
11) Building security system
Operational Costs
1) Building, grounds, parking lot maintenance and cleaning,
materials and personnel allocation
2) Security
3) Operational/instructional materials/supplies/equipment
4) Insurance
-
5) Utilities and phone service
6) Lot sweeping and waste hauling contracts
7) Future facilities modification and expansion
,
- 4 -
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.EXHIBIT E
College's Recommendation
Parking Structures
for
.
1- . A C rT 0 N I
DATIl 5/16/8,:_. .
TO:
8ONtO OF lRUSTEES
SANTA MON I CA 0M4UN I T1 COLLEGE D I STR I cr
FROM: SuPER I NTENOENT Nf) PRES I DENT
PRtPAAED BY: DEPUTY SUPER INTENDENT
RECOM'NOAT,ON 1<<).
SlJ!JECT:
AGREEMENT WITH THE CITY OF SANTA fC)HICA
It is ~~nd.d that 1''''. brd of Truste" approve _d adOpT' ..ttl.rnen+
agreement wfth the City of Sante Nonica tn compromis. and se't'eme~t of a
dl$pute and potential rltlgatlon regarding the ..tabllahmont of a preferentl.t
parking zone a~ound Sant. Monica College.
MOTl ON MA.DE BY;
SECONDED BY:
STUDENT AllV fSQAY:
AY~S:
NOES:
SUBJECT:
RECOMMD.OAT ION NJ.
ARCH I TECTUAAL CONlRACT 'OR PMK I NG STRUCTURES
IT Is recODlll'lsndeCl that the 8oer'd of TrU5tM$ stop p lann r ng on. 1 ,SOO-s~ace
parking structur-e on the softball field and 'nltead COOl'IVI'Ience con.true1'lon ct
two parking structures.
It i$ further l"ecOIIlI'Iend.d that the Board of Trust... .uthor1 ze The Deputy
Superintendent to ne;otiaT. a revIsed archltecturel agreement with Conrad
A5SQciates to provide .rchJttctural ..rvicBs nec".lry for desIgn, dev&lopment
and constructIon of two pe~kin9 .t~uC1ures on fh. Slnta Monica College campus
providing an incr.ase 01 1,200 spaces. Cont~c1' Is 1'0 follow ap9roved form
providing for progre.. payMnts. COn,tructlon cost Is estimeTec:1 1'0 be
S8 m I ! lion. The arch I teett s f.. will a. $530,000 p I uS rellftt>u,.......nT for' act",a r
end fteOlS5ar~ r.lafed expenses.
COMHE~T: Thr. Chlhge In parkin; It,..ueture Mllsn refl.cTs erl'enslve discussion
with neighborhood eroups end tht Cltv of Stnt8 Monica. 80th of The
parking structures wifl bt built sJmulten.o~ly and will be
atTraetf~ly landscaped. Prior to oc:cup.ncy Of the struetu,..s, the
n.Jihbo~' and the Colltg. will resolv. with the CIty the f~era"~e
problem of car ela,... In th4I parking l'trYCtu,..s. The anffc-ipeted
combined co., of the parking strue1't,lr.. i. $8.1 l'fti II fon for
construc1'fon. Speei * Ie conc:e"tuef en.,..c:terJ.tiea of the ;nd ivltJual
.truC'tu,..s are descri bed as tol Jows:-
Exhibit E - Page 1 of 2
, .
e
.
One of 'the parkin; struC'tures "r " I>> located en the ..... s5de of the
softball fIeld ~h'nd the BUlin... BuJldln9' The structure Will:
(a) h.~e I .'ngl. entrance/axlt from 17th Street at Plco !Ivd.:
(b) have at 'aasf a "0 foot set beck frOM 16th Street ..fth no
parking exit on 16th Street;
eel not exceed the hei gh't of the Sus I ne5S Build j ng, -wt II hive one
'evel tie low grad., and 'II' f' ac:cOltlIIl)dat. approxlmat.,y 825 earl;
(cD permit the .,.. bt1'~ the new parkrng structure and the street
to be converted to an e1'hte1'jc field. Since the M:W athletiC'
f 1.14 annat ~~t. a sottH f I fle1 d. the Colleg. will ..crk
with the City and The Sant. Monle.-Mallbu Unified School District
to try to create an appropri.t. ~ft~' I I.c' I f'ty clot. to the
e_us.
The other .truC"ture wI I r be Joeat~ on lot.. The structure wI I I:
(a) utiJize the .xl.tlng Lot 4 exit on 16th Street.. . right turn
only ~it. .na the Col'.ge wll' purlue wit~ the CIty s1gnalltins
the intersection ~ 16Th Street end 'ico Blvd.j
(b) possibly Include esTablIshing. new ~Jiht tu~n only exI' on Pico
81 'lid . ;
(c) not ~c..d ,he height of 'he 8usiness Building and will
acconmoda'f'e approxrmately 700 cars;
Cd> be conneeted to the exiSTing parking structure.
Note; The iS$ue of only bui Idlni one (1) p.rking Itr~ur. and Its
r.lp~tlve location Is moot . the dIstrict, as 'the agreement
with Th. CIty of SanTa Monica necessitates ~ t.200-car
so I ut ion In r.ponse to preferent i a I park j "s.
MOT I ON MADE BY:
SECONDED BY:
STUDENT AllV J SQRY :
AVES:
NOES:
SUBJECT:
RtCCMCENQA T ION NO.
PRlPAAAT I ON OP' ~ ENV IRONMENTAL IMPACT REPORT
Jt i. "'l;OIrIMnd.a That tn. Board of Tt"u.t... take actIon 1'0 lIuthorlze the CIty
of Slnt~ Monica to Ic1' .. 'I"ne lo.nt tor the Santa MonIca Collllunity O:lf lege
District and Its Board of Trustees In the preparation of an Environmental tmpact
Report neg8rding the p~po$ed oon5truction of two on-C.~U5 parking structures
tor a net Increase Of approxi..tely 1200 Ot'I"*Campus parking .pac.s_
MOTION ~OE BY:
SECONDED BY:
STUDENT ADVISORY;
A v!S :
NOES:
EXhibit E - Page 2 of 2