Loading...
HomeMy WebLinkAboutEx5DraftLeasingPolicyAugust2017 This document will become the policy that is attached to a resolution, with the policy being discussed at the March 18t" BPC meeting, and then put on consent of the City Commission for approval and then adoption of the resolution and policy by the BPC. It is the intent to revise the previous resolution to require that all UDC leases come to the BPC for approval. Normal annual leases will still be issued by Finance Department without additional approval. CITY FACILITY PARKING LEASE POLICY This policy defines how leases for public parking spaces will be reviewed, accepted, and encumbered. Nothing in this policy will imply, state or be construed as the transfer of ownership of the physical space being leased, or the provision of any rights other than those specifically stated. The Finance Department may issue surface lot permits or garage leases provided: 1) the total permits or leases issued do not exceed the allowed limits established by the Bozeman Parking Commission; 2) the term does not exceed the calendar year; and 3) the following conditions are met. PUBLIC SURFACE LOTS Armory Lot (26 spaces): No monthly or annual leases available. Willson Lot (43 spaces), Black Lot (71 spaces) and Rouse Lot (46 spaces): • Leases available to individuals or businesses; • Leases can be obtained and paid for on a monthly or calendar year (annual) basis; • Leases available on a first come first serve basis subject to availability; • Total leases available not to exceed limit established by the BPC, currently set at 50% of total number of spaces in each lot; • Leases available for any length of time up to the end of the current calendar year, and then must be renewed prior to January 1 st of each year with fees payable monthly or annually; • No bulk discount available for public surface lot leases; and • Leases that are voluntarily surrendered, or for which payment has not been made by the renewal date are subject to forfeiture or non-renewal. • Lease payments begin immediately upon signing of lease agreement and annual agreements will be prorated. BRIDGER PARK GARAGE (435 spaces total) Total number of available spaces for lease will be determined by the Bozeman Parking Commission utilizing the adopted Lease Limit Calculation methodology. Two types of Garage Leases available: 1. Standard lease - not for meeting UDC requirements: • Leases available to individuals or businesses; • Leases available on a first come first serve basis subject to availability; • Total Bridger Park Garage leases available not to exceed limit established by the BPC; • Lease term: any length of time up to the end of the current calendar year, and then must be renewed prior to January 1st of following year with fees payable monthly or annually; • "Bulk" or volume lease agreements eligible for discounted rate according to Discount Policy adopted by the Bozeman Parking Commission; • Bulk or volume lease discount not combinable with annual discount, or combinable with other lease agreements to receive bulk or volume discount; • Leases that are surrendered, or for which payment has not been made by the renewal date are subject to forfeiture and reissuance to others; • Lease payments begin immediately upon signing of lease agreement and annual agreements will be prorated. 2. UDC Lease — for meeting UDC parking requirements: • Only available to Entities required to provide additional parking spaces to meet CoB UDC requirements; • Lease limited to actual number required by CoB to meet UDC requirement net of any offsets, reductions, SID/Cash-In Lieu spaces or onsite spaces provided; • Leases will be established utilizing the current Long Term Lease Agreement (LTLA) agreement approved by City Attorney, • Leases available on a first come first serve basis subject to availability; • Total Bridger Park Garage leases available not to exceed limit established by the BPC; • Lease Term for "UDC" leases shall not exceed 25 years in length; • Once approved by the BPC, all LTLA shall be placed on "consent agenda" of the City Commission before the final lease agreement is signed ; • "Bulk" or volume lease agreements eligible for discounted rate according to Discount Policy adopted by the Bozeman Parking Commission; • Bulk or volume lease discount not combinable with annual discount or combinable with other lease agreements to obtain additional discount; and • Lease payments begin as stated below. The following process will be followed for UDC leases and Long Term Lease Agreements (LTLA): 1. Applicant must request UDC leases in writing describing proposed development ("Project") and number of leased spaces required. 2. Parking Manager will verify with the Community Development Department the total number of UDC required spaces for the Project, the number of spaces provided thru other options, and the net number of spaces required (which should equal requested number of leases). 3. Parking Manager will provide the BPC with a Letter of Intent (LOI) outlining the Applicant's Project and lease request. 4. The BPC will consider approving the LOI at its next regularly scheduled meeting. 5. If approved by the BPC, the Parking Manager will provide the signed LOI to the Applicant and the Community Development Department. 6. The Parking Manager and Applicant will complete the LTLA pending final approval by the City Commission (CC). 7. The pending LTLA will be placed on the next available CC consent agenda for final approval. 8. Once LTLA is approved by CC and signed by all parties, the Applicant will be required to pay a minimum of twenty percent (20%) of the calculated lease payment amount for all the spaces stipulated in the LTLA, with this amount being billed on an annual basis net of all applicable discounts. 9. Upon issuance of the CoB Building Permit for the Project, the lease payment amount will increase to the full (100%) lease payment amount for all the spaces stipulated in the LTLA, with this amount being billed on an annual basis net of all applicable discounts. The amount shall be prorated for any unused portion from the 20% previously paid and remainder shall be billed accordingly by the Finance Department. 10.Upon payment in full of the total lease payment amount, the Applicant will be provided access and full use of the leased spaces. CN: the 10 step process above should replace the text below For Long Term Lease Agreements (LTLA) only the BPC shall follow these guidelines: Upon the request of an Applicant for a LTLA to satisfy the City requirements of the UDC requirements for provision of parking spaces, the Parking Manager will: A. Verify thru the Planning Department the total number of UDC required spaces for the project, the number of spaces provided thru other options, and then the net number of additional spaces required for the Applicant to provide (requested lease volume); B. Verify the City has sufficient space available for lease under existing BPC policies; C. Provide a Letter of Intent (LOI) for approved to the BPC at the next available meeting, which shall indicate that the BPC is prepared to lease the required spaces to the Applicant in order to meet the UDC requirements, but subject to approval of the "Project" by the Planning Department and the City Commission and an expiration date on the LOI after which the spaces may be leased to another person or entity. Upon approval by the BPC of the LOI, the Parking Manager shall execute said LOI with the applicant and provide copies to the Planning Department and Community Development Director. After City Commission approves the "Project" and authorizes the BPC to execute a LTLA with the Applicant, the Applicant will be provided the standard LTLA approved by the City Attorney. Upon execution, the Applicant will be required to pay a minimum of twenty percent (20%) of the calculated amount for all the spaces leased under the LTLA, with this amount being billed annually in advance net of all applicable discounts. The Applicant will be provided access and use of these spaces immediately upon payment. Upon Applicant pulling the City Building permit, the lease amount will increase to the full lease amount (100%) of the approved number of leased spaces provided under the LTLA subject to all applicable discounts. The amount shall be reduced by any unused portion from the 20% previously paid and remainder shall be billed accordingly by the Finance Department.