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HomeMy WebLinkAboutBaltara Enterprises LLC -Parking license agreement Promenade Parking lot: Inyo/R StreetsPARKING LICENSE AGREEMM REGARDRJG gI0 [SBA PROTECT] o(City Owned "Promenade' Parking Lot: Inyo/R Streets) 7 " This Parking City of Asno,aC (the"Agrwmmt')Jaid es oP]_deyofd,20�d, by g and between City of Fresno, and together municipal rory"mtion, ("City"), and Balmre Enlerprius LP ("Licensee"), erM mgeNv with City, the "Ponies". eMMVMFM WHEREAS, the City owes in fee an rights, title and interest in and to fib] Parking spaces on an improved surface parking Int located at ]layo/R Streets, Fresno CAI ("Parking LOCI more specifically describd/depictd in the anched Exhibit "A", inmrporeted herein; and Wf1EREAS, Liceasev is renovating a warehouse located Or [501 R Street, Fresno, CA], for [gme al of ice/ro mercial] use, and desires to obtain oonsexchwive Parking license privileges for a maximum of 110 Parking spaces identified by specified Puking signs ("Parking Spaces") in aponion of the adjacent City owned Parking Lot desctibed/depictd in Fiddbit "A" haeto(ncoryorand herein; and WHEREAS, this Agreement has been envimmnemelly asserted and determined to M within the Categorical Exemption set forth in CEQA Guidelines, Sections 15301 (Existing Facilities), which Section exempts existing facilities used for existing puryoses with no or negligible expaasim Of Use. when: none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply, and WI REAS, the Parties acknowledge and agree that the Parking Lot is enmmbered by certain Ftestso Joint Powers Financing Authority Series 20th Lease Revenue Bonds and Indenture (Various Capital Projects) and covenarms/conditions therein and that this Agreement is expressly subordinate to said Bonds and Indenture and that a condition precedent to the edvtivenms of this Agreement is the consent ofCry's bond counsel and that this Agreement shall be doomed modified to any extew required. in dre opinion of City's bond counsel for compliance with the Bonds and Indenture. NOW THEREFORE, for and in wnsidererion of the moral promises, cuvermnts and agreements contained herein and for gad and valuable comidemtion, the City and Licensee do hereby agree as follows: I Effective Date of Amcemen.For ptvpous of Nis Agreement, "ERedve Date",shall nteen the due that City signs this Agreement following City Comcil approvalerea tht and City's bond wunul consorts therein, which shall be after Permince signs it 2.Commencement Due. Tbis Agreement shall commence on the later of Jun , 2011 em the ER'wtive Due (-Cammmmmmt Date') and endon Dewmbv 31, 2028, ("Initial Term') subject to earlier termination in uowdenw with this Agreement The Initial Tam may be mended by manual agreement of the Pmies. in writing, for no mom than two (2) additioml five (5) year periods, on the same terms and conditions as set forth in Ods Agreement except as W snamwy rates. The Party seeking an extend this Agreement color the terms and conditions contained herein shall provide wrinen notice to the other Party a minimum of sixty (60) days prior to expiration of fire then current term of this Agreement, Before my extension is approved by the Parties, monthly rates shall be subject an renegotiation, to reuses increases in public facility parking fees. d. Purpose of Aereemrnt, Th pmposeofthis Agreementistoallowthe Licensee reasonably necessary wgreas and egress and non-exclusive licensed use the Parking Spaces solely for the specific public purpose described in section 4 ofthisi Agreement. and for no other purpose whatsoever, subject to Ore tames, conditions, and restrictions set forth in this Agreement. 4. Premises: Uefinifionand Termsoftlse. Parking Spaces. For purposes of this Agrcement "Premises" shall mean non-exclusive licensed use of maximum of 110 (reserved) parking spaces for employee parking ("Parking Spaces"), "as is", located in the Parking Lat describ i/depic[ed in Exhibit A.' Hues ofllse. During the hours of 6 a.m. anti, Monday through Friday, City will permit Licensee to utilize the Parking Spaces for employee parking. During Holidays, weekends, and evenings Use parking lot is available for parking for myw we s use. Parklm Pass. Entryand parking sball be pursuant to parking passes issued by City and displayed in/on the vehicles. Comol'mce. Licensee and its employees shell use the parking spaces for Parking of vehicles w accordance with all applicable laws, ordinances. notes and regulations applicable in the Parking Lot, a mled or promulgated by my public or govenlmemal authority or agency having jurisdiction over the Parking Lot. as amended from time to time, incorporated herein, provided to Licensor. My change in the above roles or regulations shall be Provided w Licenses W writing. "Holidave defined For purposes of this Agreement "Holidays" shall mem my holiday observed by the City of Fresno. 5. Licensechruntrivermms. Licenm shall not make any almmtiovs, additions m improvements in or in the Parking Lot. Without the prior express written approval of the City Nose: onyunion in ml property which eu9s u artium of nococcion, emkinve tm% or a out in posenion or exclusive user ofmy nes notion Own indoor in¢rovennnts Imvoi mrnw or therem) xfdch is owned by Ne CM ofFrem� (City) is a tazable poewmry m¢mt wim me possnsaofwemt in sucM1 pvpaly Leeson. by texatim Wimeasaxeny poranxi smarm ehrox acknowledge; it eaMing o iusimnure hCanondner of ra ai,rtifthis 4eomioflaouneof uM ages Co yso its xeeminwativios r b ams poll Litmus other aawpy ofthis or MY to pl office of me Fenno Cowry Iss or by morenenppmpi�means mtlpavus mot emineroyoe, agentmrepexnbtiveofCRy Mmmimi mY Li¢naz ll not Ge mW coil paecsyyuMeq hrtwtla. noticed in the manner hereunder. Any City approved work by Licrosce with reaper o my addition, alteration or improvement shot[ be done in a good and workmanlike mmmr by properly qualified and ticrosed personnel and such work shell be diligently compined. AR impmvements shall be at Licensee's sole cost and expense and most he done in accordance with all applicable laws, including, but not limited W. any work or improvements under the ADA and applicable provisions of Title 42 of the Unmed States Code which are required incident to, as a condition of, or as a result of any alom6ons, improvements, or additions installed or constructed by Licensee, regardless whether such work most be conducted within or outside of the Parking Leet Licensee acknowledges that City has made no nam sentamn or warranty regarding the ability of Licensee to obtain permits or approval to install any additions or improvements in the Parking Lot nor has City made any representation or warremy regarding the anticipated cost of any addition or improvement, all of which Licensee agrecs shall be the responsibility of Licensee M fully investigate m Licensee's wle cost and expense. Licensee shall kap the Parking Lot five and clear of my Rem or encumbrances of my kind net existing on the effective date httcof. License shell indemnify, defetd against and keep the City free and hmmluss from all liability, loss damage, costs, mbmeys' fees and my other expenses incurred on account of claims by my person perforating work or famishing mmenals or supplies for Licensee, City or my person claiming under either party, in pursuit of this Agreernrnt except for my claims caused by the negligence or willful m oustrduct of either party. 6. Termination. Either pry may humirus this Agreement where the other party substantially fails to observe, fulfill or perform my obligation, term or condition of this Agreement This failure shell constitute a material breach. The breeching party shell ramve written notice of branch, and shall be given Bury (60) emendar days to core the breach from date notice is received. Ulmo [ting party does not correct the failure within thirty (60) calendar days, then the ma -breaching party may terminate the Agreement upon wnnen ounce. Either Party may exercise my right. remedy (in few or equity), or privilege which may be available o it under applicable laws of the State of Culifomia or my other applicable taw, or proceed by appropriate covet action m euf rcethe more of the Agreemem, or m recover d'vem indirect, consequen ad or incidental damages for the breach ofthe Agreement No remedy or elation hereunder shalt be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. Notwithsmming the foregoing, the City may roommate this Agreement, at my note after commermcemrnt in the public'„ Pres[ by giving prior wrimen notice m the Licemce. 7. Invomim and Pavoteut. Licensee agreesm Pay City for the useof the parking spates as follows: During the Initial Term, Licensee agrees M pay City a morMly rete per space of thirty dollen ($30.00) per some('14muhly Rate Par Spore"), payable in arrems, begin mpg on the her day of the flat fdl month following the Commencement pate (pounded for portions of month) and then on the Ian day of each month thenaafttt. Invoices arem be sent o the address for the Licensee, set forth in Section 12, below. Commencing on the Cust emiversery ofthe Commencement pre and on tach successive anniversary thereafter, ("Adjustment Dune') the Monthly Rune Per Space shall be adjusted by the lever of (i) the amount calculated by multiplying the current Monthly Rune Per Space by the percemege diB which the CPI (defined below) increased or decreased over the preceding contract year (or portion thereof if penial year); or hi) the amount calculated by multiplying the current Monthly gate Per Space by three percent (30%). CITY will calculate the rental adjustment and provide Licensee written notice ofthe adjuncd Monthly Rale Per Space al lean thbty(30) days prior to when the ijusted Monthly Rate Per Space is due, and Licensee that not be obligated in pay The adjusted Monthly Rete Per Space until Licensee receives written nonce from CITY of the adjusted Monthly Rate Per Space. fhe CPI unlined hereunder shall be the Consumer Price Index (Urban Wage Earners and Clerical Workers for the San Frxac: o-Oaklmd-San Jou Mmopolmar Area (1982-1984=100 Urban Consumers, U.S. Cities Average) as published by the United States Department of Labor, Bureau of Labor Statistics, or the successor of such index ("CPI'). Ifthe CPI or the successor index is changedso that the base year differs Team that in effect on the Commencement Date, the CPI or successor index shall be convened m accordance with the conversion factor published by the United Stated Department of labor, Bureau of Labor Statistics In the event thus compilation and/or publication of the CPT shill he transferred to my other govemmmml department m agency or mal] be discontinued, then Bre index most similar to the CPI shall be used for purposes ofadjusnngthe Rent. All payments shall be made to City of Fretum, Public Works Aceaumivg Division, 2600 Fresno Street, 4th Floor, Fnx w, CA 93721, or as City may otherwise desigtme from time to time m writing. Licensee shall make all payments in fall. Payment or receipt of a payment of less than the amount staid in the Agreement shall be deemed in be rwthing more than a partial payment. Under an shall City's acceptance of a partial payment constitute accord and swisfmnon, nor will City's acceptance of partial payment forfeit City's right In collect the balance due on The account. City may accept my penial payment check with my coMitioml or restrictive endorsement or memomMum without prejudice to his@er right to recover the balance remaining due or m pursue my other remedy available order this Ag emism, Licensee hereby acknowledges than my We payment to City of sums due hereunder will came City m incur cons not contemplated by this Agreement, the exact anoint of which is difficult to ascertain. Such costs include, bac are rot limitcd to, processing and accounting charges and lone charges which may be imposed upon City by corms of my mortgage or trust deedorfimnci gmmgematwve ngtc Parking Lm. Accordingly, ifmy installment ofreat or other start due from Licence shall rot be received in fail by City or City's designee on the date said wont is due, then Licensee shall Payor City a has charge Wuai to interest seemed on snob payment at the rmc of seven (]Ye) perceat per amen, based upon the full want of said payment, my penial payment notwithstanding. 'ILe pare=spree that such hate charges represent a fair send ressomble emo=te of the con That City will incur with respect To such overdue wont, and that receipt of such charges do not prevent City Team exercising my of the order rights mtl remedies granted heremder. Anypaymemsofmykin mren fori ufBcientfimds will be subject to an additional handling charge of $25.00, and diameter, City may require Licensee To Pay all fine pay nems of rent or oWu sums due by money order or cashier's check. 8. Assimmrnt. Licereee shall not assign subcontract or otherwise tremfer its rights or obligations under this Agreement without us prior written consent of City. Any assignment, subletting, occupation or use without the cannot, of City shall be void and, m the option of City, shall moran to this Agreement No interest ofLiceosee in this Agreement shall be assignable by involuntary aasigomeot through operation of law. Bch ofthe following acts shall he considered minvolmtarymigrunent:(i)ifLicenue u or becomes bankrupt or imolven4 cakes m assigrment for the benefit ofcredrtors, or instimtn proceedings order the Bankruptcy Act in which Licensee is the hmkrupt; or (ii) if a writ of attachment or execution is levied on this Agreement; or (iii) if in any proceeding or action to which Licensee is a parry, a receiver is appointed with authorityfo tike posumion ofthe Peking Spaces. An involmmry essigrmrnt shall constitute a default by Licensee and City shall have the right to elect to temunme this Agreement in which case itis Agreement shall cot be neeted as an asset ofUcevsee. City my assign this Agreemm4 mdlor sell the Parking Lot in whole or in pan, to any other party, without }uoviding Licensee with prior woolen notice. Licensee agrees to atom to any aceigneelpurchaur. 9. Waiver. Thewaiverbyeitherpmtyofab hbytheotherofmypmvisionofthis Agreement shall not coruritme a continuing waiver or a waiver of my subsequent breach of either the same ora different provision ofthis Agreement Noprovisioosofdtis Agreementmey bewaivedtmdminwritiugmdsipo by0pardi wthis Agra cot. Waiverofmymre provision herein shall out he deemed m be a waiver ofmy other provision herein. 10. indemnification. Licensor shall fidemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and voluneem from my and all loss, liability, force, inanities, fadenures, vests and damages (whether in counted, mot or said liability, including but not Bmi¢d to personal injury. dmth m my time and Monty damage) mounted by Licensor, Licensee or my other person, and from my and all claims demands and actions at law or equity, (including atmmey's fees and litigation expeoses), arising or allegM to have arisen directly or indirectly out ofperfonnmceofthis Agreement. Licensee'sobligauaasmdarthepreceding sentence shall apply regmdless of whether Licensor or my of its officers, officials, employee, agents or volunteers are negligm4 but shall not apply to my loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the ®oss negligenx or caused by the wiIICW tnisconduc4 of Licensor or my of its offirers, officials, employees, agents or volunteers. This secu st shall survive termination or expiration of this Agreement. 11. Caveman Recording hazardous Materials. Licensee shell not allow my Haamicus Materials to be brought onto, or stored on the Parking Lot without complying with all Environmental Laws and applicable fedem4 areae, and focal laws. ordinances, rales, regulations, or policies relating to the release, storage, our, disposal, transportation or clean-up of Hazardous Nhadids, including, but not limited to, the obtaining of proper pemits; provided than (i) the mnmt of such Hazardous Material does not exceed the norral and customary quantities necessary for the opetarion and maintenance of the Property in the ordinary couru of Tenant's business and (ii) the use, storage and disposal of such Hazardous Material otherwise strictly complies with all applicable laws, ordinances, codes, regulaliom and policies. Terms shall unmediately notify Landlord of any release or my inquiry, test, investigation, or enforcement proceeding by or against Tenant or the Premises concerning a Hazardous Marginal. Licensee shall not discharge, emit or permit to he discharged or emitted. my Hazardous Materials into the atmosphere, the ground or any body of water which is over, under or contigmus m the Property, Upon my Licensee release, storage, use, disposal or trarmportation ofmy Hazardous Material in, on or adjacent to the Psrking Lot. or the sof or surface or groundwater in or about the Parking Lot. Licensee shag clean-up all such contamivetim at its expense. Subject to the uses permitted and prohibited m Licemee order this Agreement, Licensee shall stare WI Hazardous Materials in appropriate leak proof containers. Indemnification of City: Licensee shall ind®nify, defend and hold City harmless from and agumt my loss, liability, claims, suits, causes of action, costs, fees, including reasonable anameys' fees pool costs, arising, out of or in connotation with my such conuminatio, Ions or damage to persons or property. clan -up work inquiry or eWbrcement proceeding and my Hazardous Materiels released, stored, used, disposed of, or transported by Licensee or its officers, officials, employees, agents. voloruers, or invitees. Liam 's obligations mortar this paragraph shall survive the to mimrion of this Agreement- Said indemnifiagon shell extend m any fives, liens, injunctions, loss, liability, damage, expense or claim (including reasonable allomeys' f)resulting form: (a) Licem ent's breach ofthe foregoing represmution; or from (b) my such Hazardous Substances that were brought, or permitted m he bmught, onto the Parking Lot by Licensee or its officers, officials, employees, agents, volunteers, or invitees. Licensee shall else defend, indemnify and hold City basmless from my loss, claim, liability or expense, including reasonable attorneys' fees, expert's fees, and costs, arising out of or in connection with its future to observe or comply with the provisions of this Section. Licensee's obligations under the preceding sentence shat apply regardless of whether Licenterr or any of its often, officials, employees, agents or volunteers are negligent, but shell art apply to my lass, liability, fines, penalties, forfeitures, Was or damages caused solely by the gross negligence, or caused by the willful misconduct. of Licensor or any of its officers, officials, employees, agent or volsmteers. This paragraph shall survive the termination or expissrion of this Agreement. For purposes of this Sectio, the men Hammdom Materials means: "Hazardous Materials" shall mean my substance or material which is capable of posing a HA of Injury to health, safety or property, including til of those materials and substances designated as hazardous or toxic by my federal, sure or local law, ordimmce, rote, regWatim or policy. WiNoutlimitiogthegenerdityoftheforegoing,theterm "Hazardous Materials" includes without formatio, my material or substance, which is: (a)refund as a"hansardom waste" "extremely hmardm waste,"or'testricbd bacaadous waste' order Sections 25115, 25117, or 25112.7, or tiered moment to Section 25140 of the California Health and Safety Code, (b) defined m a "lot lous subsumrz" under Section 25316 of the Caff'omia Health and Safety Cade, (c) defined as a "hazaksm material," "baaudous subewme,"or"hazardous waste" coder Section 25501 of the California Health and Safety Code, (d) defined m a'9mzardom subeuoce" uvdm Section 25281 of the Calibrate Health and Safety Code, (a) petroleum, (Q friable asbestus (g) polychlorinized byphevyls. (h) listed nuclear Article 9 or defined as "haffidous" or "extremely lu ardous" under Article 11 of Title 22, California Administrative Code, (i) designated as "hazardous substances" personal to Section 311 of We Clean Water Act (33 U.S.C. Section 131]), G) defined as a'hazeNous weak' pursuant to Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C. Section 6%] et seal.), or (k) defined w `Hazardous subsmnces" pursuant to section Idl of We Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Section 9601, at seq.) 12. Notices. Any notices required or p strum d to he given under the terms of this Agreement must he in writing arM may be: (a) personally delivered; (b) mated by containing such notice in Me United States mail, first class postage prcpad; or (c) sent by reputable overnight delivery service, addressod as follows or to such other place as each Party hereto may designate by subsequent wrinm notice to the other Party: If to the Licensee plapara Enterprises LP 2025 N. garroway, g 101, Fresno, CA 93027 Phone:S 1)798 39 FAX: Uzz6" yx If to We City: Cityaf Fresno Public Works Department Parking Manager 2600 Passage Street Fresno, CA 93721-3623 Phone: 559-621-0275 Fax: 559499-1439 13. Uovemina Laws and Venue. This Agreement shall be governed by, and construed and enforced in accordance wiN, dine laws afthe Smte o[Califomia Versus forpwposes ofthe filing of any action regarding the enhancement or interpretation of this Agreement real any rights and duties hereunder shell be Fromm County, California 14, Condcarmtiov. HWe Parking Specesormy portion thmeorare reduce under thepowerof emmenr domain, or sold to a public authority under the threat of the exercise of sold power (all of which is herein refined to as "Condemnadon'), this Agreement shall terminate as to the pmt so taken as of We dine the condemning mNority takes ride or pnaussiaa whichever occurs first. All awards for the taking my payment made under the Wmat of Me exercise of condemnation shall be payable to the City, and Licensee shall rot clam any portion of such award by virtue of my interests created by this Agreement or otherwise. I5. Cortiffication of Authority to Execute this A . City and the Licensee each cenifies than the individad(s) signing this Agreement on its behalf has authority to exemmm this Agreement on its behalf and may legally bind it to the tams and conditions of this; Agreement. 16. Counterman . This Agreement may be executed is multiple wunleryans (each ofwldch will be deemed an original for all purposes). ll. Severability. Ifmyterm,provisiogwvena t,orres iri onin Nis Apfeementis determined! to be invalid, void, uoeMomeable, or otherwise inconsistent with applicable law, Ne remainder of the terms, provisions, covenants and restrictions of this Agreement will ormn in bull force and edea and will in no way be affected, impaired, or invalidated. It is hereby stipulated and declared to be me intention of City and the Ucanow then they would have executed the remaining tams, provisions, covenants, and restrictions set foM in this Agreement without including any of such traces, provisions, covers an, or restrictions thu may be hereafter declared invalid, void, or unenforceable. 18. 5lmaee Maintenance and Secumv. City will provide signage u Parking Lot directing Licensee's permitted uses to appropriate parking spaces/parking ares(s). City is responsible for my and all maintenance, repairs and replacement m the Parking Lot including but not limited to the following: general maintenance, cleaning, sweeping, lighting, striping, resurfacing, em. City will provide a reasonable level of security fm the Parking Lot The level of security needed for security to be'Seasonable" will be determined by the City in its discretion, upon completion with Licensee. 19. H_ggm.. The section headings in miss Agreement are for convenience and refrraee only and shall not be wnshud or held in my way to explain, modify or add to the interpretation or meaning of the provisions of this AgrameaL 20. Intereactan . Should my provision of this Agreement be found to be ambiguous in my way, smb ambiguity shall be resolved by removing the terms of this Agreement in mommea ce with their generally accepted meaning. 21. Extem ofAmreemem. Each party acknowledges that they have read and fully understand me contents of this Agreement This Agreement represents the entire and integrated agreement between the parties with respect to the subject maner herem and supersedes all prior negot atiom, representations or agreements, either written or and. This Agreement may be modified only by written insummunt only authorized and executed by both City and Licensee. 22. Bilin. Once this Agreement is signed by all parties, it shall be binding upon, and shall use to the bemfil of, all Parches, and each patties' respective heirs, succemors, assigns, humanness, agents, screams, employees and representatives. 23. Compliance withLaw. Licensee shall at all counterspy with all applicable haws ofther United Steres, the State ofCalifomia and City, and with all applicable regulations promulgated by fdemk state, regional, or local administrative and regulatory agencies, now in force and as they may be combed issued, or amended during the term of this Agreement. 24. Anom y's Fees. If either party is {cared to commence any proceeding or legal action W enface at intemrt any tern, coverunt or condition of this Agrtemem, the prevailing party in such proceding or action shall be entided to rcover fiom the other party its reasonable anamey's fees dad legal expenses. 25. No Third Pane Beneficiaries. The rights, interests, duties and obligations defiad within this Agreement are wteredd for the specific parties hereto as idermitid in the preamble of this Agreemem. Notwithstanding anything stand to the con" in this Agrcement, it is not intended that any rights or amounts in this Agreement humid or flow to to intemst of my third parties. 26. Bond and Indenture Requirements and Subordination. Notwithsandiag any other terms or pmvisiom of this Agreement tbe parties acknowledge and agree that the Parking Lot is encumbered by certain Fresno Joint Powers Financing Authority Series 2004 Lease Revenue Bonds and Indenture (Various Capital Aojecan and coverunta/coMiGona therein, and that a condition precedent to the effectiveness of this Agreement is the consent of City's bond counsel and that this Agr«mem shall be deemed modified to any extent required, in the opinion of City's bond counsel for compliance with the Bonds and Indenture. Without limiting the faregoing, the parties acknowledge and agree that the terms, covenants, provisions and conditions herein are and shill be subject and subordinate to the Bond end Indenture and any and all City bond and other financings and refinancings of the Parking Lou Licensee agrees to Provide written subordination upon City's reasonable request. CITY OF FRESNO, a municipal corporation By: agar . ATTEST: Rebecc�ccLa����E��.�M�ach. City Clerk 1 Deputy a//Ib/// REVIEWED �t1M B RECOENDED FOR APP�RO(L VA: 4 Y By. DellBbrooke Public Works Parking Manager APPROVED AS TO FORM: lemes�. Sanchez, City Anomer fly; J` -ah-nn " Deputye„/Is LICENSEE�ses LP By: Name:lu ,`dkenr Dyck Tide. % ef�d(.ft tMte 11 �a9/rp By: Name: Title: Dine Exhibits: Exhibit A: Desc iptionf epiction ofPmking Lot Exhibit B: 11 T 110NALLY OMITTED Exhbit C: INTENTIONALLY OMITTED EXHIBITS (Anm h) OF CATEGORICAL EXEMPTION PER STAFF DETERMINATION, N 15301 (EXISTING FACILITIES) OF THE CERA GUIDELINES FOR THE LOT LICENSE AGREEMENT. 2. AUTHORIZE A TEN (10) YEAR PARKING LICENSE AGREEMENT BETWEEN THE CITY OF FRESNO AND BALTARA ENTERPRISES LP TO PROVIDE 110 EMPLOYEE PARKING STALLS FOR THE SMALL BUSINESS ADMINISTRATION IN THE CITY OF FRESNO PROMENADE PARKING LOT AT A BASE RATE OF $30.00 PER MONTH PER STALL, RECOMMENDATION 1. Adopt Finding of Categorical Exemption per staff determination, pursuant to Sections 15301 (Existing Facilities) of the CEOA Guidelines, for the Promenade Parking Lot License agreement. 2. Authorize a ten (10) year parking agreement in substantially me form attached, with Bahasa nterprises to provide 110 employee parking stalls in the City of Fresno Promenade Lal M a base ate of $30 Per month per stall, for the Small Business Administration who will be moving into anoint office space in a former warehouse on R Street In downtown Fresno, subject to bond muns ll consent and City Attorney's approval to form. EXECUTIVE SUMMARY rhe Small Business Administration (SBA) has entered into a lease agreement with Baltare Enterprises for office space in a renovated warehouse on R Street in downtown Fresno. The warehouse is located just ou side of the City of Feel Promenade Lot. The developer needs approximately 11D parking stage in the lot for the employees of the SBA. The City will provide Me ma ng stalk in the tet at $30 per monthper stall for the first year For the next nine yearsthe price will increase annually based on the conditions of the agreement. The base term of the Agreement is 10 years and may be extended by the parties for 2 additional terms of 5 years each. The Agreement s subjed to bond counsel consent, subordination to bond covenants and restrictions, and City Ulomey's approval to form. mnemm mum rnu,m Asn:_ a 1L_ usowmo r �40 REPORT TO THE CITY COUNCIL AGENDA ITEM NO. Q: /yam COUNCILMEETING W41fyo DATE: December9,2010 / q FROM: PATRICK WIEMILLER, Director DE Public Works Department BY DEL ESTABROOKE, Public Works Menage Pudic WorksTarking Services Division OF CATEGORICAL EXEMPTION PER STAFF DETERMINATION, N 15301 (EXISTING FACILITIES) OF THE CERA GUIDELINES FOR THE LOT LICENSE AGREEMENT. 2. AUTHORIZE A TEN (10) YEAR PARKING LICENSE AGREEMENT BETWEEN THE CITY OF FRESNO AND BALTARA ENTERPRISES LP TO PROVIDE 110 EMPLOYEE PARKING STALLS FOR THE SMALL BUSINESS ADMINISTRATION IN THE CITY OF FRESNO PROMENADE PARKING LOT AT A BASE RATE OF $30.00 PER MONTH PER STALL, RECOMMENDATION 1. Adopt Finding of Categorical Exemption per staff determination, pursuant to Sections 15301 (Existing Facilities) of the CEOA Guidelines, for the Promenade Parking Lot License agreement. 2. Authorize a ten (10) year parking agreement in substantially me form attached, with Bahasa nterprises to provide 110 employee parking stalls in the City of Fresno Promenade Lal M a base ate of $30 Per month per stall, for the Small Business Administration who will be moving into anoint office space in a former warehouse on R Street In downtown Fresno, subject to bond muns ll consent and City Attorney's approval to form. EXECUTIVE SUMMARY rhe Small Business Administration (SBA) has entered into a lease agreement with Baltare Enterprises for office space in a renovated warehouse on R Street in downtown Fresno. The warehouse is located just ou side of the City of Feel Promenade Lot. The developer needs approximately 11D parking stage in the lot for the employees of the SBA. The City will provide Me ma ng stalk in the tet at $30 per monthper stall for the first year For the next nine yearsthe price will increase annually based on the conditions of the agreement. The base term of the Agreement is 10 years and may be extended by the parties for 2 additional terms of 5 years each. The Agreement s subjed to bond counsel consent, subordination to bond covenants and restrictions, and City Ulomey's approval to form. mnemm mum rnu,m Asn:_ a 1L_ usowmo REPORT TO THE CITY COUNCIL ADOPT FINDING OF CATEGORICAL EXEMPTION PER STAFF DETERMINATION, PURSUANT TO SECTION 15301 (EXISTING FACILITIES) OF THE CEOA GUIDELINES FOR THE PROMENADE PARKING LOT LICENSE AGREEMENT AND AUTHORIZE A TEN (10) YEAR PARKING LICENSE AGREEMENT BETWEEN THE CITY OF FRESNO AND BALTARA ENTERPRISES LP TO PROVIDE 110 EMPLOYEE PARKING STALLS FOR THE SMALL BUSINESS ADMINISTRATION IN THE CITY OF FRESNO PROMENADE PARKING LOT AT A BASE RATE OF $30.00 PER MONTH PER STALL Oerember 9. 2010 Page 2 In 2004 the City of Fresno built the Promenade Parking Lot at R Street and Tulare Street in hopes of Moviding parking for future development along the R Street Warehouse Row. The SSA is planning h move into a newly renovated office space located in the warehouse just north of the R Street and Inyk Btre it Intersection. The employees of the SBA will park their vehicles inside of our Promenade xarking lot. It is estimated that the maximum perking stalk the SBA will need for their employees is me hundred and ten (110) packing stalls. Currently on any given work day less than hall of the 667 Larking stella are utilized. Once the SBA becomes operational additional daily customers could use he parking lot M conduct business. rhe City will provide Me parking stalls in the lot at $30 per month per stall for the first year. For the mod nine years me mice will increase annually based on the corditions of Me Agreement. The base ern of the Agreement is 10 years and may be extended by the partes for 2 addional terms of 5 rears each. The Agreement authorized is subject to bond counsel consent, subordination to bond wvenants and restrictions, and City Adomey's approval to form. Raff has performed a preliminary environmental assessment of this project and has determined that t falls within the Categoncal Exemption set forth in CEQA Guidelines, Section 15301 (Existing =ecililes), which Section exempts existing facilities used for existing purposes with no or negligible Lxpanslon of use; Furthermore, staff has determined that none of the exceptions M Categorical exemptions set forth in Me CEOA Guidelines, Section 15300.2 apply to this project. FISCAL IMPACT This agreement can increase perking revenues by approximately $39.600 in annual packing fees for the Parking Division.