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sr-011910-1p~ qty u it n a in `;tY ~' ut ri Santa Monaca ~~ City Council Meeting: January, 2010 Agenda Item: ~~ To: Mayor and City Council Chairperson and Parking Authority Members From: Andy Agle, Director of Housing and Economic Development Subject: 100 Wilshire -Fourth Amendment to Lease No. 1828 Recommended Action Staff recommends that the City Council and Parking Authority authorize the City Manager/Executive Director to negotiate and execute a Fourth Amendment to Lease No.1828 with Douglas Emmett Realty Fund 1998 for parking in Parking Structure No. 2. Executive Summary The City and Parking Authority lease 155 parking spaces to the owners of the building at 100 Wilshire Boulevard during weekdays in a reserved area of Parking Structure No. 2. However, permit holders generally do not park in the reserved area, leaving most of the 155 parking spaces vacant. Given the difficulty the City and Lessee have getting permit holders to park in the reserved area, resulting in spaces being vacant but unavailable to the general public, the Walker Parking Study recommended that the City, Parking Authority and Lessee modify the Lease to allow permit holders to park anywhere in the Structure and for the City to remove the interior reserved parking signs. The Lessee is agreeable and staff recommends that the proposed approach for management of the 155 spaces be memorialized in a Fourth Amendment to the Lease. Background On April 23, 1968, the City and Parking Authority entered into a 30-year lease to provide parking spaces in Parking Structure No. 2 to benefit the building located at 100 Wilshire Boulevard: The Lease was assigned six times and is now with Douglas Emmett Realty Fund 1998. The Lease, which extended from August 27, 1971 through August 26, 2001, provided up to 320 parking spaces in Parking Structure No. 2. Approval to satisfy a portion of the building's parking requirement with off-site parking was given on August 29, 1968 1 through Variance Case No. 3014-Y. The parking spaces were made available to the public on weekends, holidays and after 6:00 pm on weekdays. The Lease provided the Lessee with the right to five 5-year options, extending through August 26, 2026. During the Option Periods, the Lessee had the right to use 265 parking spaces. The Lease was first amended on April 22, 1986, to make the following changes: 1. Added three additional five-year options which extended the use of the parking spaces until December 31, 2040. During these three additional option periods, the Lessee was entitled to use 265 parking spaces; 2. Allowed the Lessee permission to substitute parking in the City's parking structure with other private parking; and 3. Clarified that the City is not obligated to make structural repairs to Parking Structure No. 2 or reconstruct the Parking Structure in the event of damage or destruction. The Lease was amended a second time on May 18, 1990, to provide for: 1. Up to 47 percent of the parking spaces provided by the City to be compact; 2. An increase in the number of spaces to be provided by the City during the term of the Lease from 320 to 380, subject to the Lessee restriping the area used for parking; and 3. An amendment of the parking rate for the parking spaces. On December 30, 1998, Council authorized preparation and execution of a Third Amendment. The Third Amendment, executed July 30, 2002, allowed the Lessee to reduce the number of leased parking spaces in Parking Structure No. 2 to 155 upon completion of construction of an adjacent building and repair of the subterranean garage under the building located at 1221 Ocean Avenue. The 155 parking spaces were to be located on the upper levels of Parking Structure No. 2. 2 Discussion In accordance with the Third Amendment, the City issues 185 parking passes to the Lessee, who pays for and is able to use 155 parking spaces in Parking Structure No. 2 at any one time. (The extra 30 parking passes help the Lessee administer its parking program.) Permit holders are supposed to park on the upper levels of Parking Structure No. 2 and there are signs advising the general public that parking in these spaces is by permit only, except weekends, holidays and after 6:00 pm on weekdays. The permit cards are supposed to be programmed so that the permit holder is not able to exit the Structure unless he/she swipes the entry gate to the nested area. However, it has been difficult to administer the "nesting" area and permit holders generally park on lower levels, leaving the 155 spaces in the upper levels largely unused during weekdays. Some parkers are hesitant to use the spaces during evenings and weekends because of the "reserved" signs. In order to better utilize existing parking resources, the Walker Parking Study recommended that 100 Wilshire permit holders be allowed to park anywhere within Parking Structure No. 2 and the City remove the reserved signage. Staff and the Lessee have discussed the Walker Parking Study recommendation and support a Fourth Amendment to the Lease that would provide for the following: 1. The Lessee would pay monthly only for the parking passes used, not to exceed 155. Currently, the Lessee only purchases 55 permits. 2. To facilitate administration of the permit cards, the City would continue to issue. up to 19% more cards than the Lessee purchases, but the City's parking system would restrict the number of cars allowed into the parking structure to the number of cards purchased. 3. The City would adjust the electronic signage so that the total spaces shown as available are net of the number of spaces purchased by the Lessee tb ensure that permit holders can find a space even when the sign for the Structure 3 indicates that it is full. The number of available spaces to be displayed may be adjusted in response to actual usage. 4. The City will remove all interior signage from Parking Structure No. 2 that indicates reserved parking for 100 Wilshire Boulevard. Financial Impacts & Budget Actions As agreed to in the Third Amendment, the Lessee currently pays $16.501month per space, or $2,557 per month for 155 parking spaces. With approval of the Fourth Amendment, the amount paid will vary depending upon Lessee's use of the passes. Currently the City issues the Lessee 55 permits per month, which would total $908 per month, or $10,890 per year, a potential decrease of $20,000 per year from this Lessee. However, the spaces that the Lessee would not be using would be available for use by the general public. In 2009, each parking space generated on average $300 per month in revenue to the City. Prepared by: Miriam Mack, Economic Development Manager Forwarded to City Council/ Parking Authority: Andy Agle, Director U P C ifiont Ewell Housing and Economic Development ~~Manager 4