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SR-02-10-2015-8E - 910-018 / 700-008City or Santa 310111ca, • 17 W 0 - 0• t City Council Meeting: February 10, 2015 Agenda Item: To: Mayor and City Council From: Andy Agle, Director of Housing and Economic Development Subject: Modification to Agreement for Fire Station Land Exchange Recommended Action Staff recommends that the City Council authorize the City Manager to modify terms of the proposed Purchase and Sale Agreement with 1337 7th Street LLC related to an exchange of City -owned property located at 1338 -42 and 1323 5th Street for privately owned property located at 1337 -47 7th Street. Executive Summary To facilitate the City's acquisition of a site for the replacement of Fire Station No. 1, staff recommends that certain terms of the proposed Purchase and Sale Agreement be modified in order to effectuate the exchange of City -owned property for private property where the new fire station is proposed to be located. The proposed modifications would remove the City's obligation to provide a parking license for parking passes at the Main Library and instead require the private property owner to relocate the parking required by the easement, on an interim and permanent basis, to other properties and to pursue entitlements to effectuate the relocation so that the City takes ownership of the private property without the parking easement encumbrance. Background On January 10, 2012, Council authorized staff to issue a Request for Proposals (RFP) to exchange three City- owned, non - contiguous parcels located at 1338 -42 and 1323 5th Street for a contiguous, three - parcel site in the area bounded by Santa Monica Boulevard to the south, Washington Avenue to the north, 5th Court to the west, and 7th Court to the east, to build a replacement facility for Fire Station No. 1. The solicitation was posted on the City's website, and sent to local property owners and brokers in the Downtown. The City received one response from NMS Properties, owner of 1337 -47 7th Street ( "Seller "). The property at 1337 -47 7th Street ( "Seller's Property ") is a 22,500- square -foot, paved parking lot with 83 spaces that is subject to a third -party parking easement ( "Parking Easement ") in favor of the owner of commercial condominium units at 1314 7th Street ( "Verizon Building "). The City -owned properties ( "City's Property') consist of a 7,500- square -foot surface parking lot at 1323 5th Street and a 15,000- square -foot parcel at 1338 -42 5th Street consisting of a surface parking lot and a vacant, one -story retail building. The Parking Easement may be relocated within a specific radius of the Verizon Building (generally the area bounded by the west side of Lincoln Blvd. and 4th Court, between Broadway and Wilshire Blvd.), provided that 105 spaces are provided in a permanent easement condition (see Attachment A.) Parking on the Seller's Property may also be displaced on a temporary basis while construction is underway, provided that a minimum of 83 spaces are provided within the allowed radius. On August 14, 2012, Council approved the terms of a Purchase and Sale Agreement ( "Agreement ") to exchange City's Property for Seller's Property, which included removal of the Parking Easement. In order to facilitate the removal of the Parking Easement, the City agreed to provide the owner and tenants of the Verizon Building with a parking license to purchase up to 100 monthly parking passes for up to 20 years at the Main Library. Discussion During the course of drafting the Agreement and undertaking discussions among the Seller, Verizon Building owner, and staff, the Verizon Building owner determined that the specific requirements of the Parking Easement would not be satisfied by the proposed parking license at the Main Library. In order to effectuate the land exchange and minimize any schedule delays to the fire station project, staff recommends modifying the terms of the Agreement. The recommended revisions to the terms of the Agreement would (i) remove the City's obligation to sell up to 100 monthly parking passes for parking at the Main Library and (ii) require the Seller to provide both interim and permanent replacement parking in 2 accordance with the relocation terms of the Parking Easement to accommodate the parking needs of the Verizon Building In order to effectuate interim and permanent replacement parking, the Seller would need to obtain entitlements for properties it controls at 1325 6th Street and 1430 -1444 Lincoln Boulevard. Staff recommends that an escrow period not to exceed 24 months be included in the Purchase and Sale Agreement to give the Seller time to obtain entitlements, relocate the Parking Easement, and effectuate the exchange. To help ensure that entitlements can be achieved within the escrow period, Seller proposes to seek entitlements for mixed -use residential developments that include additional parking to serve the Verizon Building and which are expected to qualify for Tier II processing. As a result, the proposed developments are expected to be of a lower height than could otherwise be achieved through a Tier III application, allowing for a more direct entitlement process. The Purchase and Sale Agreement would require that the Seller remove the Parking Easement from title as a condition to closing of the exchange. In order to use the City's Property as replacement interim parking after the exchange is effectuated, the Seller would need to demolish the vacant, retail building at 1342 5th Street and replace it with interim surface parking following close of the exchange. Surface parking at 1342 5th Street is a permitted use under an existing Temporary Use Permit. To expedite readiness for fire station construction, staff recommends that the City undertake the demolition and interim property improvements in the near term. The Seller has agreed to reimburse the City up to $200,000 towards the City's actual costs. If Council approves the modified terms, staff would request funding in the proposed FY 15/16 Capital Improvement Program budget to demolish the retail building and prepare the property for interim parking. CEQA Under CEQA Guidelines 15004(b), the City may enter into a purchase and sale agreement with the Seller as long as the agreement provides that CEQA compliance shall be completed prior to the close of escrow and City acquisition. This is consistent with the 3 California Supreme Court's decision in Save Tara vs. City of West Hollywood, in which the Court emphasized that a lead agency must not take any action that commits itself to a project in a manner that forecloses alternatives or mitigation measures that would ordinarily be part of the CEQA review of a project. On October 23, 2012, Council adopted Resolution 10713, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Fire Station No. 1 Land Exchange. Appropriate CEQA review would be completed as part of the entitlement process for any proposed development or parking uses contemplated on the Seller's properties, in accordance with the City's standard procedures for obtaining entitlements. Financial Impacts & Budget Actions The recommended transaction involves an exchange of properties of comparable value with the difference in price of $175,000 to be paid by the Seller to the City as well as up to $200,000 to be paid by the Seller towards the City's actual costs to improve the 1342 5th Street parcel. Revenues should be deposited into account 01224.404170 - Miscellaneous Revenue. Staff will apply for funds to complete the necessary site improvement work through the FY 2015 -16 Capital Improvement Program budget process, and that budget will be subject to Council approval. Prepared by: Jason Harris, Economic Development Manager Approved: Andy Agle, Director ' -- Housing and Economic Development Forwarded to Council: Elaine Polachek Interim City Manager Attachments: A. Site Map Identifying Subject Properties and Parking Easement Radius V k.. . �y.% __