Loading...
HomeMy WebLinkAbout1991-09-24 - AGENDA REPORTS - COMMUTER RAIL STATION (2)AGENDA REPORT CONSENT CALENDAR DATE: September 24, 1991 SUBJECT: COMMUTER RAIL STATION DEPARTMENT: Public Works BACKGROUND City Manager Approval It to be presented by: 7n F. Medina The Initial Studies for environmental clearance prepared for both the Bermite site and the Glazer site (alternate location of the Commuter Rail Station) have been completed. The Initial Studies have determined that a mitigated Negative Declaration is appropriate for both sites. (See Proposed mitigated Negative Declarations, Attachment 1.) The owners of the Gates property have indicated that their site need not be considered at this time, due to development time restraints. The proposed Negative Declaration has been prepared pursuant to the California Environmental Quality Act and is currently concluding the public review phase. Any comments on the proposed mitigated Negative Declaration will be forwarded to the Council for consideration. The Los Angeles County Transportation Commission has sent to staff a Memorandum of Understanding (M.O.U.) by which they will loan the City the required amount of money to finance the costs for the.station project. This loan program was implemented by the LACTC because Proposition C funding, which could be used for rail station purposes, is currently in litigation. It is also the City's only funding source which provides immediate capital in order to meet the construction and station start-up schedule of October, 1992. The anticipated sources- for funding this project- are: the Transit Capital Improvement Program (TCI); the Transportation Development Act (TDA); and the loan program established by the LACTC The loan would ultimately be paid back with Proposition C local distribution. In the event that Proposition C fails in litigation and these funds were not available, then the loan would be paid back with Proposition A, TDA, and/or General Fund money. On June 11, 1991, staff presented to Council a revised outline agreement with the Whittaker Corporation in order for the City to lease and eventually acquire, a portion of the Bermite property. The Council approved the outline in concept, and directed staff to. draft a legal document from the outline agreement. 80 APPROWED Agenda Item: Agenda Report Commuter Rail Station Page 2 The draft outline was sent to the City Attorney's office and a draft lease purchase agreement was prepared (See Attachment 3). There are some issues remaining between the agreed upon outline and the draft agreement yet to be resolved. • Anden/Whittaker prefer to use an escrow company of their choice. Staff feels :that the City should have -the option of using a local company. • Anden/Whittaker wishes to establish shared parking with the station. Staff foresees parking conflicts if Anden sites businesses with peak hours which coincide with rail service parking and City leased Speedway parking. (A potential acquisition option with Rodeo Property. • Anden/Whittaker seeks to reserve the right to preview and approve the City's non -rail station uses or other sublease uses. This may restrict the City's ability to establish multi model transit uses and control commercial uses around the station. Staff feels that these issues would hamper our development of the property.and would like the Council's concurrence in that regard. Staff is seeking Council's approval, in concept, of the Draft Agreement as presented. Staff has met with representatives of Rodeo Property (owners of the Saugus Speedway) in order to acquire a narrow strip of land between the City's future lease/purchase and the railroad right-of-way, which they own. Our negotiations have not been completed but they have indicated a willingness to trade the property for joint use of the parking on the Commuter Rail site. The draft of the proposed mitigated Negative Declaration is on file in the office -of the City Clerk. 1. Conceptually approve the proposed mitigated Negative Declarations for the Bermite and Glazer sites, with direction to staff to return the proposed Negative Declaration for final certification within thirty days. 2. Council approve, in concept, the lease/purchase agreement as presented contingent upon certification of the proposed mitigated Negative Declaration. 3. Subject to the City Attorney's approval, authorize the City Manager and City Attorney to execute the Memorandum of Understanding with the Los Angeles County Transportation Commission. ATTACHMENTS Memorandum of Understanding Lease Purchase Agreement /ce:516 CITY OF SANTA CLARITA N E G A T I V E D E C L A R A T I O N [X] Proposed [ ] Final PERMIT/PROJECT: City of Santa Clarita Commuter Rail Station APPLICANT: City of Santa Clarita MASTER CASE NO: LOCATION OF THE PROJECT: The site is located along the eastern side of San Fernando Road. east of the railroad right-of-way. approximately between 13th and 16th Streets. DESCRIPTION OF THE PROJECT: The pro]ect consists of the construction of a commuter rail station including a station platform approximately 10 feet wide and 425 feet lone and parking spaces for 300-500 cars. The station would provide commuters with access to proposed rail service connecting Santa Clarita with downtown Los Angeles. Based on the information contained in the Initial Study prepared for this project, and pursuant to the requirements of Section 15065 of the California Environmental Quality Act (CEQA), the City of Santa Clarita [X] City Council [ ] Planning Commission [ ] Director of Community Development finds that the project as proposed or revised will have no significant effect upon the environment, and that a Negative Declaration shall be adopted pursuant to Section 15070 of CEQA. Mitigation measures for this project [ ] are not required. [X] are attached. . [ ] are not attached. LYNN M. HARRIS DIRECTOR OF COMMUNITY DEVELOPMENT Prepared by: Myra L. Frank and Associates (Sig ture (Name/Title) . Approved Donald M. Williams. Senior Planner Signa ure) (Name/Title) Public Review Period From To Public Notice Given On By: [ ] Legal advertisement. [ ] Posting of properties. [ ] Written notice. CERTIFICATION DATE Y COMMUTER RAIL STATION BORROWING AGREEMENT THIS AGREEMENT. is made and entered, in duplicate, as of the day of , 1991, pursuant to a minute order adopted by the City Council of the City of Santa Clarita at its meeting held on September 24 , 1991, and pursuant to'a minute order adopted by the Los Angeles County Transportation Commission at its meeting held on June 26, 1991, by and between the CITY OF SANTA CLARITA , a municipal corporation, ("City") and the LOS ANGELES COUNTY TRANSPORTATION COMMISSION, a public body, ("Commission"). WHEREAS, the City has agreed to pay for the planning and construction of a commuter rail station; and WHEREAS, Commission has approved the City's commuter rail site selection; and WHEREAS, City wishes to borrow and the commission Two million 2,500,000. agrees to loan City five hundred DOLLARS ($ ) for costs related thousand and— to the construction of the City's commuter rail station; and NOW, THEREFORE, in consideration of the mutual terms and conditions herein, the parties agree as follows: 1. To the extent funds are available, Commission shall Two million, five transfer hundred thousand_ DOLLARS ($2,500,000. ) to City upon a date selected by the City and -approved by the Commission. City agrees to use said funds solely for costs associated with constructing a commuter rail station at the site approved by the Commission. M 2. City shall be charged a variable rate for funds borrowed that is based. upon the rate funds earn in Los Angeles County's Pooled Investment Fund plus one-half a percentage point. Interest on funds transferred shall accrue upon the date of receipt by the City. Interest will accumulate with 1 monthly,amortization in arrears. 3. City will repay Commission the principal and interest accrued there to completely within five (5) years of receipt of funds. Repayment schedule shall be annual payments due one year from date of receipt of funds. Commission will provide City with annual invoices. City may repay any or all. amounts due in excess of the annual required in the annual payment schedule any time within the five years. 4. Upon approval by Commission, Commission may allow City to repay loan including interest by directly accessing City's Proposition "A" Local Return Allocation from the Los Angeles County Auditor Controller. 5. City may, at its option, return to Commission any portion of loaned funds not needed for construction of the commuter rail station. Said funds repaid will be charged the agreed rate of interest for the time the funds were borrowed. 6. The terms and conditions of this Agreement shall be effective upon execution by the City and the Commission. 7. All notices required pursuant to this Agreement shall be in writing and personally served or deposited in the U.S. Postal Service, first class, postage prepaid to City at Pi 23920 Valencia Blvd. Santa Clarita, CA 91355 California 91355 , Attention: City Manager and to Commission at 818 West 7th Street, Los Angeles, California 90017. Notice shall be deemed given on the date personal service is obtained or on the date of deposit in the mail, whichever applies. ._8. This Agreement shall not be amended, nor any provision or breach hereof waived, except in writing signed by the parties which expressly refers to this Agreement. 9. This Agreement constitutes the entire understanding between the parties and supersedes all other agreements, whether oral or written, with respect to the subject matter herein. 10. In the event that there is any legal proceeding between the parties to enfprce or interpret this Agreement or to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused these present to be duly executed with all of the formalities required by the law on the respective dates set forth opposite their signatures. 3 M IN WITNESS WHEREOF, the parties hereto have caused these present to be duly executed with all of the formalities required by the law on the respective dates set forth opposite their signatures. LOS ANGELES COUNTY TRANSPORTATION COMMISSION NEIL PETERSON DATE EXECUTIVE DIRECTOR APPROVED AS TO FORM: DE WITT CLINTON County Counsel Date: NINA PHILLIPS Deputy County Counsel CITY OF Date: City Manager This Agreement is hereby approved as to form this day of , 1991. BY: 4. City Attorney Depu LEASE WITH OPTION TO PURCHASE This lease is entered into as of this _ day of , 1991 by and between the Whittaker Corporation (Landlord) and the City of Santa Clarita (City). 1. Landlord hereby leases to City that certain real property, herein after described ("Property"). Subject to Paragraph 10, the term of the lease shall be for three (3) years commencing , 1991 and terminating 1992. City.shall have the option to extend.this lease for an additional two (2) years as set forth in Paragraph 2. Rent. Tenant shall pay.to Landlord $1.00 per year payable in full upon commencement of the lease. 3. Use of Property. The Property shall be used by the City for the purpose of establishing a commuter rail station and parking facility together with such other commercial or non-commercial uses deemed desirable by the City. 4. Description of Property. Attached hereto as Exhibit A is a map depicting the Property. The Property consists of approximately five (5) acres. At the option of City, the leased area may be increased from time to time from 5 acres up to 10 acres. The additional area is to be contiguous to the original 5 -acre area in a figuration to be designated by City. City may elect to add said additional acreage at any.time prior to expiration of the lease or any extension hereof. No additional rent shall be due Landlord upon City's election to expand the size of the leased area. 6. During the term of this lease, shall be responsible for all property taxes and or possessory interest taxes assessed against the Property. 7. City shall have the right to sub -lease all or any portion of the leased premises without the prior consent of Landlord. 8. Option to Extend Lease. City shall have an option to extend this lease for a period up to an additional two (2) years by giving written notice thereof to Landlord at least ninety (90) days prior to the end of the original term. The rent to be paid to Landlord during said option period shall be calculated as follows: The parties agree to conduct an appraisal of the Property, approximately sixty (60) days prior to the end of the initial lease term. Said appraisal shall be based upon the value of similarly zoned and located property in the City of Santa Clarita without regard to the proximity of the rail station and parking facilities or any improvements constructed in connection with the rail station. The annual rent.payment for the option period shall be ten percent (10%) of the appraised value as determined above. The rent shall be paid monthly commencing with the first day of the option period. 9. Option to Purchase. a. Landlord hereby grants to City an option to purchase the Property or any portion thereof, including the additional area as provided in Paragraph 4 whether or not said additional area becomes a part of the Lease. b. City shall have the right to exercise this option beginning years after the date of this Lease and ending years thereafter by giving written notice of said exercise to Landlord within said time period. c. The purchase price for the Property subject to this option shall be determined as follows: (i) Landlord and City will. agree to obtain a joint appraisal of the thirty (30) acre portion of Landlord's property designated on attached Exhibit "B." Said appraiser'shall also determine the value of the Property. (ii) The base purchase price shall then be the current value of the Property as determined by said appraisal, less the increase in value of the remaining Exhibit "B" property (approximately twenty (20) acres) over and above the value.of similarly zoned and located property in the City of Santa Clarita due to the proximity of the commuter rail station and parking facility and exclusive of the value ofanyimprovements constructed by the City on the Property. d. If the City elects to exercise its option hereunder, the parties shall open an escrow to complete the sale of the Property. At the option of the City, the City may pay the .purchase price at close of escrow in cash or with a ten percent (109x) cash downpayment and a note for the balance at prime (at bank) plus two percent (24), with principal and accrued interest all due and payable at the end of two (2) years following close of escrow. e. The City shall receive a credit to be applied against the purchase price (or cash downpayment) for any lease payments made pursuant to Paragraph 8 alone as follows: (i) If .the City leases in years four (4) and five (5) less than a total of eight (8) acres, then twenty-five percent (25%) of the rent paid for years four (4) and five (5) shall be credited to the purchase price; if the City leases eight (8) acres or more for years four (4) and five (5), then thirty-five percent (35%) of the Lease payments for years four (4) and five (5) shall be credited to the purchase price. f. Escrow. Within five (5) days following City's exercise of this option the parties shall cause an escrow to be opened at a mutually acceptable escrow office for the purpose of the sale of the premises pursuant to the term of this option. Instructions to set escrow shall provide: (i) The escrow shall close on or before the expiration of sixty (60) days following the opening of escrow. (ii) Title to the Property upon close of escrow shall be vested in City or City's nominee. Title to the Property shall be free and clear of any and all liens and encumbrances and subject only -to such CC&R's and easements as may be approved in writing by City. (iii) Landlord shall provide City with an ALTA title insurance policy issued by a title company selected.by City with coverage in the amount of the total purchase price. insuring title to the Property free and clear of all liens, covenants, restrictions and easements and other matters of - record except for such matters approved in writing by City. (iv) Escrow fees and charges shall be paid by the parties in the manner customarily followed by said escrow company. Landlord shall pay the title insurance premium attributable to a CLIA, and City shall pay the excess charges associated with an ALTA policy. (v) The escrow instructions shall contain such other provisions concerning the escrow as are normally contained in the standard form of escrow instructions used .by said escrow company, provided however that said standard provisions shall not supersede the escrow provisions provided for herein. 10. The rights and obligations of the parties- hereto shall be conditional upon the prior approval by the City of a phase one environment site assessment report on the Property prepared by an environmental consultant selected by City. shall pay all costs associated with obtaining said report. 11. All notices required or permitted under this lease shall be in writing and shall be personally delivered or sent by certified mail return receipt requested postage prepaid to the addresses following the signature of the parties hereto. 12. All waivers must be in writing and signed by the waiving party. 13. This lease shall be interpreted in. accordance with the law of the State of California. AGREED AND ACCEPTED BY: DATED DATED /cle:130 LANDLORD CITY IV a Jr.