Loading...
HomeMy WebLinkAboutAD05-332 - Other - Springboard Holdings, LLC - Parking Management Plan - 12/13/2005 Parking Management Plan Project Springboard Kent, Washington Parking Management Committee: Springboard Holdings, L.L.C. (2 representatives) City of Kent(2 representatives) 2"d Avenue Real Estate L.L.C. (1 representative) Owner/Parking Manager: Springboard Holdings L.L.C. Operational Costs: Operational cost incurred by the Owner/Parking Manager will be allocated between Springboard Holdings, L L C. (Owner) and Second Avenue Real Estate LLC ("Second Avenue") based upon their respective percentage contribution towards the cost of the parking garage determined on a per parking stall basis Second Avenue's percentage shall equal a fraction the numerator of which is 115 and the denominator of which is the total number of parking stalls in the parking garage The Owner shall pay all remaining operational costs. There shall be no assessments or charges for on-going operation, maintenance and repair of the parking garage levied against the City, per Section 20 1 3 of the Replacement Parking Agreement and Section 5 of the Public Parking Easement Operational costs include all "Operating Expenses" as defined in the Public Parking Easement and include but are not limited to: Wages Payroll Taxes Workers Compensation All Insurance Supplies >x Utilities Equipment Taxes and Licenses Repair and Maintenance Security Sweeping Security: The parking garage access shall be limited between the hours of lOpm and 6am daily. The 3`d Ave vehicle entrance shall remain open 24 hours 7 days a week. Security will walk the garage a minimum of three times nightly between the hours of 9:OOpm and 6:OOam All other security checks should be at a random basis Security will check and insure all doors and grills have closed, locked and remain closed during the nightly limited access period. Malfunctions shall be reported to the appropriate equipment repair company no later than the next business day Any malfunctions in the limited access gates and doors, ticket issuing equipment or incidents outside of normal garage operations should be logged and the front desk staff of the hotel informed prior to 6.00am of the following day or as found. Report should include, but not be limited to, time of discovery, date, name of staff reporting incident, parking level or gate and a description of the incident. Incident shall be kept on file for a minimum of two (2) years and made available to the parking committee members if requested. Enforcement: Enforcement should be completed at least every three (3) hours between the hours of 9:OOam and 9.00pm to insure compliance with general public/short term three (3) hour maximum parking policy Enforcement shall include a review of all vehicles parked either by special hang tag permit, hotel guest pass, or general public parking three (3) hour ticket. Citations with a nummum penalty of$25.00 will be issued to all vehicles not adhering to the general public parking policy rules of the garage Violations will be issued for- failing to place up to a three (3) hour general public parking ticket on the vehicle, parking in excess of the three (3) hour limit between the hours of 6.00am and 12 00 midnight daily without a special use permit or hotel guest pass, parking in excess of the 3 hour limit between the hours of 6:OOam and 12 00 midnight daily, parking in any of the 70 Exclusive Public Parking Stalls located on the first and second levels of the parking garage in excess of the three (3) hours limit between the hours of 6:00 am and 12 00 midnight without the prior written consent of the City, parking a vehicle using two (2) or more stalls, parking a vehicle in a disabled stall without a proper permit and parking a vehicle using an expired special use permit. Vehicles with more than three (3) violations issued within any rolling thirty (30) day period are subject to removal from the property Towing may only be authorized by the Ownen'Parking manager representative. No tow in place will be allowed. Violations will be issued and retained through electronic means and data will be stored for a minimum of one (1) year from the date of issue. Violation tickets shall include at a -2- P\DRS\DRS2VR 12/13/05 minimum the date, time, vehicle license #, color, make, model, infraction, penalty, remittance address, appeal information and the reference of the issuing enforcement staff member Appeals are at the discretion of the Owner/Parking Manager or their designated representative. Customers shall have a minimum of two (2) weeks to either appeal in writing or remit the penalty amount. Collection of penalties will be at the discretion of the Owner/Parking Manager and all amounts collected will be the property of the Owner/Parking Manager and be credited against the operational costs of the garage Special Use Permits; Use and Distribution: Special use permits will be issued by the Parking Manager on a monthly basis 1 week in advance of the end of each month for special use permit parking in accordance with the allocations as described in the Public Parking Easement and Replacement Parking Agreement Initially, special use permits will be a hang tag type, be color rotated each month and have a sequential serial number that may not be repeated in less than a two (2) year period. Initially, a mimmum of six (6) colors should be used. Initially, the valid month for the special use permit will be printed on the permit and be clearly visible through the windshield of the vehicle. Special use permits will have security coding or other means to deter counterfeiting. Special use permits will be considered valid only when: the special use permit is clearly displayed on the vehicle's rear view mirror or as otherwise specified in the special use permit issuance policy, all vehicle and contact information is on file with the Owner/Parking Manager, and the special use permit has expired no more than five (5) days from the end of the issued month. Special use permits may not be issued except in accordance with the provisions set forth in the Public Parking Easement Special use permits may not be sold and are not transferable and must be surrendered by the permit holder if the permit holder no longer satisfies the requirements for a special use permit set forth in the Public Parking Easement and such additional qualifications as Owner and Second Avenue may establish from time to time. Either the Owner or Second Avenue may reassign a special use permit to a different person who meets the requirements for a permit holder set forth in the Public Parking Easement and The Replacement Parking Agreement so long as the total number of special use permits outstanding does not exceed the limitations set forth in the Public Parking Easement. Reassigning of permits may be done with the permission of the Owner/Parking Manager and reassigned permits will be required to submit vehicle information in order to be valid. Hotel guest permits will be issued at the discretion of the hotel management up to the allotted number allowed by the Public Parking Easement and the Replacement Parking Agreement Hotel Guest permits will have at a minimum the name of the hotel, an expiration date, vehicle license # and the signature of the issuing hotel staff member. Hotel Guest permits will be sequentially numbered and be no smaller than 4" wide by 5" long. The permits shall be of a color as to allow the ability to read the information clearly through the windshield of a vehicle in the standard light of the garage. -3- P1DRSlDRS2VR 1013/05 Special Events: The sponsors of special events utilizing hotel facilities or the adjacent Town Square Plaza which are scheduled for more than three (3) hours a day may, at the discretion of the Owner, be issued, daily special use permits permitting persons attending the event to park in the parking garage for the duration of the event and in excess of the otherwise applicable 3 hours limit; provided, however, the number of special use permits outstanding at any time (including permits issued to condominium owners, hotel guests and persons attending such special events) cannot exceed the number of special use permits which the parking garage owner is authorized to issue under Section 2 of the Public Parking Easement. Holders of special use permits may not park in any of the Exclusive Public Parking Stalls (as defined in the Public Parking Easement) without the p rior w ritten c onsent o f t he C ity P ersons attending s pecial e vents at t he Project Springboard hotel facilities and/or the adjacent Town Square Plaza that are anticipated to last less than three hours may park in the parking garage on a first come/first come basis, but will be subject to the general three hour parking limit Persons scheduling an event at either the hotel or the adjacent Town Square Plaza who anticipate parking garage usage of more than 30 vehicles (not including special event attendees who are also registered hotel guests) shall submit in writing or email to the Owner/Parking Manager the event information including type of event, event times (including setup and tear down) and expected attendance no less than seven (7) days prior to the event to allow for planning and staff scheduling (if needed) All special event parking will be at the discretion of the Owner/Parking Manager in accordance with all rules and policies as outlined in the Public Parking Easement and Replacement Parking Agreement or established by the parking management committee. Should the Owner/Parking Manager sustain additional operational costs beyond normal day to day operations caused wholly or substantially by the impacting event, event sponsors may be required to reimburse or pay the estimated additional operational costs in advance at the discretion of the Owner/Parking Manager. A good faith estimate of additional anticipated operational costs will be provided to event sponsors prior to o r i n a ccordance w ith e vent u se. T he e vent p lanner s hall r eimburse O wrier f or any d irect additional operational costs and reasonable staff time involved for the additional expenses incurred in processing additional special use permits, providing additional security and managing traffic circulation with the parking garage, but shall not charge for the right to park in the parking garage. Staff time charges shall not exceed 10% of direct additional operational costs. Customer complaints and concerns: All customer complaints and concerns will be logged and followed up on within three (3) business days of receipt Logged complaints or concerns, and the resolution, if any, shall be made available to all parking committee members if requested Complaints and concerns should be discussed at e ach parking management committee meeting to insure a progressive parking plan that is customer oriented. Ticket issuing equipment: Equipment will be installed to allow general public parking customers to retrieve a parking ticket valid for up to three (3) hours. Tickets shall have an expiration time clearly visible that can be read through the vehicle glass under standard garage lighting. Customers will be -4- P%[)MDRS2VR 12I3105 required to place the valid ticket on the vehicle as required by the Owner/Parking Manager to expedite enforcement and compliance with the general public parking policy. No ticket will be issued to the same vehicle for more than three (3) hours within a twenty four (24) time period The ticket issuing equipment will be checked a minimum of twice daily or as needed to insure proper function and supplies Any malfunctioning equipment shall be fixed immediately or within reasonable expectation allowing for parts delivery and repair Vehicle occupancy tracking equipment may be installed at the Owners/Parking Managers discretion. Such equipment shall be installed to allow for control of general public parking vehicles to insure adequate space is available for special permit holders while maintaining maximum utilization of the parking garage at all times. The parties understand and agree that the parking garage shall be operated and managed to maximum the availability of short term (3 hour parking) on a first come/first serve basis and shall not unduly restrict access to parking stalls in the parking garage, while ensuring parking is available to special use permit holders At no time shall the Owner/Parking Manager restrict access to the garage to less than 70 general public parking spaces Equipment may include electronic barrier gates and vehicle counting equipment. Owner/Parking Manager may also install automated entry and exit card equipment to allow access and provide for counting of special permit vehicles. Signage: All signage should be reviewed and cleaned monthly or as needed to insure clear visibility and will be replaced or repaired as required. Graffiti or foreign stickers will be removed within twenty four (24) hours of notice. Signage at all entrances of the garage shall indicate that all spaces are available to the public for up to a maximum of three (3)hours. A sign shall also be posted at the point on the ramp after the seventieth (70`h) parking stall that indicates that special use permit holders are allowed to park for more than 3 hours beyond this point Cleaning: The garage shall be litter policed daily. All vertical surfaces should be cleaned at a minimum bi-weekly. Floor power sweeping shall be done at a minimum monthly. The entire garage floor shall be pressure washed at least every two (2) years or more often if needed to maintain a quality slip free surface Oil drippings will be cleaned on an as needed basis. Lighting: All garage lighting shall be reviewed and all non working bulbs and fixtures repaired at least weekly or more often if needed to insure a well lit, safe facility Meetings of Parking Management Committee: The parking management committee ("Committee') shall meet at least quarterly or as otherwise determined by the Committee to provide guidance and direction to the Owner on matters relating to parking garage operation, including signage, lighting, safety, security devices, scheduling of deliveries to the Project Springboard Improvements (as defined in the -5- P1DRSMRS2VR 12/13/05 'Y Replacement Parking Agreement and the Public Parking Easement) or the parking garage, resolution of parking issues associated with use of the conference center, scheduling of routine and other maintenance, use of the loading dock, traffic circulation, parking enforcement and other matters relating to the parking garage. The Owner, following consultation with the Committee and in accordance with the provisions of Section 10 of the Public Parking Easement may modify the operational plan for the Parking Garage so long as such revisions do not violate Requirements of Law (as defined in the Public Parking Easement) or the terms and conditions set forth in the Public Parking Easement. The City shall have the sole right to revise the definition o f Short Term P arkmg (as defined in the Public Parking Easement) from the initial 3 hour limit, determine the rights of persons to park in the Exclusive Public Parking Stalls and other matters affecting the public's rights to park in the Exclusive Public Parking Stalls. Except as otherwise expressly provided in the Public Parking Easement, the Owner shall make all other operational decisions relating to the parking garage subject only to the provisions of the Public Parking Easement and applicable law and shall be solely responsible for the enforcement of all parking restrictions set forth in the Public Parking Easement or agreed upon by the Committee. This initial Parking Management Plan may be approved by the parties in counterparts, each of which constitutes an original and all of which constitute but one original. [signature page follows] -6- P1DRS1DRS2VR 12113,05 12/06/2005 09:14 FAX 1 206 597 2508 CAIRNCROSS & REHPELMANN �008 Siang=Paee OWNER: CITY: SPRINGBOARD HOLDINGS, L.L.C., CITY OF KENT,a Washington municipal a Washington limited liability company corporation By: a By: Name:_ Name: -- Title: Title: SECOND AVENUE APPROVED AS TO FORM: Second Avenue Real Estate LLC,a Washington limited liability company CITY ATTORNEY By: Name: Title- -7- VWMRaxva �oaos Signature Page OWNER: CITY, SPRINGBOARD HOLDINGS L.L.C. CITY OF KENT a Washington municipal g P a Washington limited liability company corporation By: By: Name- Name: Title: Title- SECOND AVENUE APPROVED AS TO FORM: Second Avenue Real Estate LLC, a ashen o h ited liabil ty ompany � � �� �C CITY ATTORNEY By: Name. �-- Title: eur loel� -7- MRSORSWR j2MjM4WQ4 5 Sienature Paee OWNER: CITY. SPRINGBOARD HOLDINGS, L.L.0 , CITY OF KENT, a Washington municipal a Washington limited liability company corporation By: By: Name. Name. T Title: Title Nla�i7le . SECOND AVENUE APPROVED AS TO FORM: Second Avenue Real Estate LLC, a Washington limited liability company CI Y ATTO EY By. Name: Title: -7- P%DRS1DRS2VR 1D13/05