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HomeMy WebLinkAboutEx 2 Parking Lease Policy 09072017version Bozeman Parking Commission PARKING SPACE LEASE POLICY, The Bozeman Parking Commission, in alignment with the guiding principles and recommended strategies of the 2016 Strategic Parking Management Plan, recognizes the need to establish a policy which clearly defines how leases for public parking spaces (CLARIFY WHAT THIS MEANS) 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 (35 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; the Finance Department may maintain a first come/first serve 'waiting list' for each public parking facility. • Total leases available at each facility is not to exceed the limit established by the BPC, currently set at 50% of total number of spaces in each surface lot. the maximum lease Gap fnr the BridgeF PaFk Downtown Garage well he cep by the Lease Limit GaIG lation • Leases available for any length of time up to the end of the current calendar year, and then must be renewed prior to January 1st of each year with fees payable monthly or annually; • No bulk discount available for public surface lot leases; • 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, as depicted in Appendix A of this policy. 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; Version 9/14/2017 • 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" nr urdi imo �nroo nfo olinihlo fnr /Nonni in#oA rnfo nnnnr`finn fn flionni inf Dnli'-w �caoc-caad.lti, Tr adopted by the Bozeman Parking Corn ooinn• e • BuW,er-vo4ume-teas&dscet+r� with annu * able w4i-ether lease agreements to reGeiye bulk nr volume dionnUnf• • 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 City of Bozeman — Uniform Development Code 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 Downtown Garage — UDC 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" OF velume lease agFeemeRts eligible fE)F diSGOLIRted Fate aGGGFding to D06GOunt PolhGY adopted by the Bozeman Darling Commission; etheF lease agreements to obtain additional• Bulk or volume lease diSGGunt nOt GGrnbffinable with annual diSGGunt OF GGmbiRable with 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 make a written request for UDC leases to the Parking Program Manager, 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 UDC 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. The LOI will outline the process, payment, and scheduled reservation of parking spaces to meet the applicants UDC requirements, and the BPC's intention to enter into a Long Term Lease Agreement (LTLA) upon successful completion of that process within the required timeframes. 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. Following approval of the LOI, by the Bozeman Parking Commission, and upon payment ,for the space reservation, to the Finance Department of an amount equal to XX% of the calculated annual payment, pro-rated to a monthly amount, for the total UDC request, the Parking Manager will sign the LOI; providing a copy to the applicant and the Director of the Community Development Department. 7. Utilizing the date of LOI approval by the Bozeman Parking Commission, the applicant will have sixty calendar days to complete the 'Concept Review' process with the Community Development Department. During this time, the applicant will make monthly space reservation payments, as described in#6 above. If the applicant fails to satisfactorily complete the Concept Review process within the required timeframe, the LOI is voided and the LOI is terminated; no space reservation payments will be reimbursed to the applicant. 8. Upon satisfactory completion of the Concept Review process, within the required timeframe, the applicant will have an additional sixty calendar days to complete the 'Informal Review' process with the Community Development Department. During this time, the applicant will make monthly space reservation payments, as described in #6 above. If the applicant fails to satisfactorily complete the Informal Review process within the required timeframe, the LOI is terminated; no space reservation payments will be reimbursed to the applicant. 9. Upon satisfactory completion of the Informal Review process, within the required timeframe, the applicant will have an additional ninety calendar days to complete the 'Site Plan' review process with the Community Development Department; During this time, the applicant will make monthly space reservation payments, as described in #6 above. If the applicant fails to satisfactorily complete the Site Plan review process, within the required timeframe, the LOI is terminated; no space reservation payments will be reimbursed to the applicant. 10.Upon final site plan approval by the City of Bozeman, the Parking Manager and Applicant will complete a Long Term Lease Agreement (LTLA) for final approval by the City Commission (CC). 11.At any point during steps 7,8,9,10 above, the Community Development Director may grant up to a thirty day extension, in any single review phase, if it is determined the reason for non- compliance is the fault of the City of Bozeman. 12.The pending LTLA will be placed on the next available CC consent agenda for final approval. 4-3 y be required to pay-a minimurn of twenty peFGent 0 spaGeS stipulated iR the LTLA, with this amount beffing boiled on an aRRUal basis Ret of all 14.Upon issuance of the City of Bozeman 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 Ret of all appliGable disGeunts. In the event the building permit expires prior to issuance of an unconditional occupancy permit, the LTLA is immediately terminated as well as all rights to the leased (UDC) spaces. In the event, the applicant has not applied for a City of Bozeman building permit, within sixty days of City Commission approval of the LTLA, the LTLA is immediately terminated as well as rights to the leased (UDC) spaces.The amount shall he prorated for nn.J unused pGFF`tiGRi—fFE)n the the 20 8 previously paid and rernaiRder shall be billed aGGGFdoRgly by the FiRanGe DepartmeRt. 15.Upon payment in full of the total lease payment amount, the Applicant will be provided access and full use of the leased spaces. GN 'I Q Step p abode should renl� e text below... vr�ttil.1Tv-�ce�p��s.�avvvc�nvarcrTc�rcrGC�tf�ce��p For Long Term Lease Agreements (LTLA)A) onhi the BPG shall fellow these nuirleli UPOR the request of an AppliGaRt fer a LTLA to satisfy the- City requirements Gf the UDG regiireme it for nro\iision of parking SpaGes the Parkins4/I�n�ger \eiill• nroiend the n„mher of manes nro\/Ided thr„ other entions and then the net n„mheB. VeFmfY the City has SUffiGment spaGe available fOF lease under existing BPG PGIOGmes; G. Pr/1\/Ide a I et-ter of Intent (I OI) for approved to the BPG at the Revd available G. meeting, whiGh shall indoGate that the BPG *6 pFepared to lease the requeFed spaGes to the Annlioant in order to meet the I DG requirements, but ht s„hieod to approval of the "Droient00 by the Planning DepartmeRd and the City Gomrrmission and aR expiration [TTI..�pJri pl�Z ri l7TfrlTTl�iT fTTTJ7TOTTTfTfGTGff7 �i Jl�77Ta17VTf date oR the 1=01 after whinh the snaoes may he leased to another person or ent* Upon appFeval by the BPG of the 1=01, the PaFkaRg ManageF shall exeGute Said LQI with the ap eg-B e'Et'y--Develop{--}eet D'r-erte� App4isar}t;he--App4ear-rtwfWbe-pfevided-the-standar-L o pr-Gved--bar--#heCity-Actor-ney—Dpo+i exeGUtoon, the App"Gant will be required to pay a MiRiMUM of twenty peFGent 0 ) of thee GaIGulated a-MOURt feF all the spaGes leased undeF the LTLA, with this amount beel;g billed annual! manes immediately upon naymend amount Upen App"Gant pulling the Gity SueldeRg peFm*t, the lease amount will ffiRGFease to the full lease 0