SR 04-10-2018 3AProposed 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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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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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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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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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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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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REFERENCE:
Agreement No. 10649
(CCS)