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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, 3 - 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 4 - 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. 4 - 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 8 - 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. 9 - 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 12 - 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: 13 - 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. 14 - 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 l5 - 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, 16 - REFERENCE: Agreement No. 10649 (CCS)