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Home My WebLink About1994-03-08 - AGENDA REPORTS - MOU BTN SC NEWHALL PARK RIDE (2)I AGENDA REPORT Cityp Manager roval 1. Item to be presented by: Jeff Kolir CONSENT CALENDAR DATE: March 8, 1994 Z SUBJECT: A Memorandum of Understanding Between the City of Santa Clarita and The Newhall Land and Fanning Co., and William Cloyd Pertaining to use of two properties for park and ride lots_ (Continued from February 22, 1994) DEPARTMENT: Public Works BACKGROUND Due to the January 17, 1994 Northridge earthquake, additional transit services are necessary to relieve automobile congestion through the Newhall Pass. To facilitate public use of new bus services, two new park and ride lots will be developed: one each at the northeast corners of both McBean Parkway\Del Monte Drive, and Lyons Ave:\Orchard Village Road. A memorandum of understanding between the City and the property owners of these sites is necessary to initiate the use of these properties. (See Attachment III) MTA has authorized the City to proceed with the construction of the two park and ride lots and has given permission to expend up to $300,000 on construction and related improvements and $75,000 for maintenance for one year for both sites. ,Because of the urgency to construct the park and ride lots, the City Manger (Director of Emergency Services) under the authority of the California State Public Contract Code - Section 22055,, Emergencies Procedure (see Attachment I), entered into a contract on February 15, 1994, to construct the lots. It is anticipated that Cal Trans will provide liability coverage for both lots. The R.C. Becker Company has been awarded a fixed price contract in the amount of $182,855 for construction. This company was the successful low bidder based upon the accelerated bidding process the City has been following for the emergency projects. Each site initially will have 250 paved parking spaces; the first week of use, the lots may only have lighting provided by portable generator powered lights. This would be followed with fixed, temporary lighting (similar to the Santa Clarita\Princessa Metrolink Station). Subsequently, pending demand, the lots could be expanded to a total 500 paved spaces each. APPROVED Agee.'-iltem: Fiscal Impact: The MTA has indicated that $182,855 construction contract, $40,000 for Signal Modification of Lyon Ave. and Orchard Village Rd., and $15,000 for lighting both lots would be reimbursable. The $300,000 figure mentioned above will adequately cover expenses. Relationship of Lyons Ave. Site to Hart High School: The site abuts the southeast corner of Hart High School. In this vicinity, for many years, pedestrian traffic to and from the school has informally used this property as a shortcut to the school grounds. The school's fence has been repeatedly broken through to facilitate this shortcut. In more recent years, the property owner has also fenced his property, and like the school's fence, his fence has repeatedly been broken through to use the shortcut. With the construction of this park and ride lot, a 6 -ft. high chain link fence will be located at the north end of the lot to physically separate and protect the lot from the area where this pedestrian traffic occurs. Signs will be posted on the Orchard Village Rd. frontage and near the corner of Hart High School where the access to the school occurs, advising pedestrians that this property is private property and the property owner assumes no liability for injuries or damage that may occur as a result of pedestrian traffic not related to the use of the parking lot. RECOMMENDATION 1. Pending approval of the City Attorney, authorize the City Manager to amend as necessary, and sign memorandums of understanding on behalf of the City. 2, Ratify the contract with R.C. Becker Company. (See Attachment II) 3, Establish project account in fund 90 for $182,000. Additionally, establish revenue account in fund 90 for $182,000 revenue from MTA. ATTACIIMENTS: L State Emergencies Procedures H. Contract with R.C. Becker Company IH. Draft Memorandums of Understanding p-n-rlt-3.mar MEMORANDUM OF UNDERSTANDING r FOR THE TEMPORARY USE OF CERTAIN PROPERTY AS A PARK AND RIDE PARKING LOT The City of Santa Clarita, a Municipal Corporation ("City), desires to enter into a memorandum of understanding with the The Newhall Land and Farming Co. ("Owner") to make certain land available for the use of patrons of Santa Clarita Transit buses for vehicle parking and the general public desirous of using a carpool parking lot. Due to the January 17, 1994 "Northridge Earthquake" access to points south of the intersection of Interstate 5 and 14 Freeway have been choked off from the Santa Clarita and Antelope Valleys due to the failure of major bridges and roads. In response, large numbers of commuters have turned to public transportation to service their transportation needs. Temporary demand for parking is expected to exceed the on -street capacity and there is a need to provide overflow parking, in the form of a parking lot, commonly known as a park and ride lot. The City desires to use the site shown on Attachment 1 to meet this parking demand. The City will have a license to use the site from February 14;;1994; subject to termination at any time as set forth below and subject to the other terms of this Memorandum. Should either Owner or City desire to terminate the license with respect the five site, either party shall given the other party 90 days written notice. Not later than the expiration of such 90 day time period, the City shall vacate and cause all others to vacate the property to which the termination pertains. Total consideration for the license and use of the site shall be ($ ) The City shall have the right to enter the site without prior notice to Owner 24 hours a day. The City of Santa Clarita will and does hereby indemnify Owner, any affiliate of Owner, each and every board member, officer, employee, and agent of each affiliate of Owner, any partner of Owner, any affiliate of Owner, and any officer, employee partner, or agent of the foregoing, and hold each of them harmless from, any loss, cost, expense (including, without limitation, attorneys fees and costs), or liability arising out of the use of the additional parking by any member of the public. In addition, the City of -Santa Clarita shall add and has added Owner as an additional insured to its general liability and property damage insurance policy and has sent to Owner a certificate evidencing such insurance. Such certificate shall and does provide that Owner shall be noted not less than 30 days in advance before either is terminated as an additional insured or any such policy of insurance is terminated or modified. Such policy is sufficient to insure Owner against liability for personal injury and property damage which arises or might arise from the City's contemplated use of the property as a park and ride parking lot. MEMORANDUM OF UNDERSTANDING FOR THE USE OF PROPERTY FOR PARK AND RIDE PURPOSES Page 2 Owner agrees to indemnify and hold harmless the employees, officials and/or agents of the City for any claims or actions arising from the negligence of Owner employees, officials and/or agents in the day to day use of the property for the specific use of providing vehicle parking for the City's transit patrons and carpool users. The City shall use the property subject to this license solely for free park and ride'parking and for purposes seasonably necessary and ancillary to such parking. In this connection, the Cityshall have the right: to conduct nonstructural modifications to the sites which are not permanent and which improve traffic control and parking at the site. Any permanent improvement will not be undertaken without the prior written permission of Owner. Any improvements made by the City shall be removed by the City, unless otherwise agreed to between the City and the Owner. It is the intent of this MOU to facilitate the urgent needs to provide a park: and ride parking lot. If any provisions of this Memorandum conflict with the and any other known leases, or agreements, such leases and/or agreements shall prevail. GEORGE CARAVALHO Date City Manager City of Santa Clarita 23920 Valencia Blvd. Santa Clarita, CA 91355 The Newhall Land and Farming Co. Fu Date mouprkg2.mar Approved as to Form: City Attorney Date ATTEST: CITY CLERK Date ID: JAN 02'01 2245 No.038 P.10 Location No. 2 - MoBean Parkway and Del Monte Road Z W J 4 rD C I Sltc is Parcel 10, Project 95-911 Page 1() of 13 MEMORANDUM OF UNDERSTANDING FOR THE TEMPORARY USE OF CERTAIN PROPERTY AS A PARK AND RIDE PARKING LOT The City of Santa Clarita, a Municipal Corporation ("City), desires to enter into a memorandum of understanding with the Lyons Avenue Investment Co. ("Owner") to make certain land available for the use of patrons of Santa Clarita Transit buses for vehicle parking and the general public desirous of using a carpool parking lot. Due to the January 17, 1994 "Northridge Earthquake" access to points south of the intersection of Interstate 5 and 14 Freeway have been choked off from the Santa Clarita and Antelope Valleys due to the failure of major bridges and roads. In response, large numbers of commuters have turned to public transportation to service their transportation needs. Temporary demand for parking is expected to exceed the on -street capacity and there is a need to provide overflow parking, in the form of a parking lot, commonly known as a park and ride lot. The City desires to use the site shown on Attachment 1 to meet this parking demand. The City will have a license to use the site from February I4,,19941 -subject to termination at any time as set forth below and subject to the other terms of this Memorandum. Should either Owner or City desire to terminate the license with respect the five site, either party shall given the other party 90 days written notice. Not later than the expiration of such 90 day time period, the City shall vacate and cause all others to vacate the property to which the termination pertains. Total consideration for the license and use of the site shall be one dollar ($1.00). The City shall have the right to enter the site without prior notice to Owner 24 hours a day. The City of Santa Clarita will and does hereby indemnify Owner, any affiliate of Owner, each and every board member, officer, employee, and agent of each affiliate of Owner, any partner of Owner, any affiliate of Owner, and any officer, employee partner, or agent of the foregoing, and hold each of them harmless from, any loss, cost, expense (including, without limitation, attomeys fees and costs), or liability arising out of the use of the additional parking by any member of the public. In addition, the City of Santa Clarity shall add and has added Owner as an additional insured to its general liability and property damage insurance policy and has sent to Owner a certificate evidencing such insurance. Such certificate shall and does provide that Owner shall be notified not less than 30 days in advance before either is terminated as an additional insured or any such policy of insurance is terminated or modified. Such policy is sufficient to insure Owner against liability for personal injury and property damage which arises or might arise from the City's contemplated use of the property as a park and ride parking lot. MEMORANDUM OF UNDERSTANDING FOR THE USE OF PROPERTY FOR PARK AND RIDE PURPOSES Page 2 Owner agrees to indemnify and hold harmless the employees, officials and/or agents of the City for any claims or actions arising from the negligence of Owner employees, officials and/or agents in the day to day use of the property for the specific use of providing vehicle parking for the City's transit patrons and carpool users. The City shall use the property subject to this license solely for free park and ride parking and for purposes,reasonably necessary and ancillary to such parking. In this connection, the City, shall have the right to conduct nonstructural modifications to the sites which are not permanent and which improve traffic control and parking at the site. Any permanent improvement will not be undertaken without the prior written permission of Owner. Any improvements made by the City shall be removed by the City, unless otherwise agreed to between the City and the Owner. It is the intent of this MOU to facilitate the urgent needs to provide a park and ride parking lot. If any provisions of this Memorandum conflict with the and any other known leases, or agreements, such leases and/or agreements shall prevail. GEORGE CARAVALHO Date City Manager City of Santa Clarita 23920 Valencia Blvd. Santa Clarita, CA 91355 LYONS AVENUE INVESTMENT CO. ffW William C. Cloyd, Date Managing Partner mouprkg1 mar Approved as to Form: City Attorney Date ATTEST: CITY CLERK Date APPENDIX A - LOCATIONS AND DESCRIPTION OF WORK Location No. 1 - Lyons Avenue and Orchard Village Road. a S+k rarar!!-� 7��w.lt1l� �d w a . 429 No SaAr-F- A( MAN �... 459 —�-�% 222 Access will be from Lyons Avenue and the Panting Lot Site is Parcel 5. An access shall be provided across Parcel 2 If rhe City can secure permission. Project 95-911