Cr2002-088 - Park n ride facility plan and lease agreement
CITY Or:
~
. HOPKINS
May 17, 2002 Council Report 2002-88
Approve Revised Transit Hub/Park-n-Ride Facility Plan and Lease Agreement between
the City of Hopkins and Metropolitan Council
Proposed Action.
Staff recommends adoption of the following motion: Move that Council approve revised
transit hub/park-n-ride facility plans and authorize the Mayor and City Manager to siQn a
lease agreement between the City of Hopkins and Metropolitan Council for a transit
hub/park-n-ride facility.
This agreement allows MetroTransit to improve, use and maintain a portion of a city
owned parcel of land for a transit hub and park-n-ride facility.
Overview.
Metro Transit began using the existing park-n-ride lot at 8th Avenue South and Excelsior
Blvd as a transit hub in April 2001. City Council approved a transit hub construction
plan in February 2001. This construction plan required the use of City and HCRRA
property. The original schedule was to use an interim plan until permanent construction
was completed In the Fall of 2001. However, due to environmental and legal reasons
Metropolitan Council wasn't able to secure a lease agreement for the HCRRA property.
. The construction plan has been modified to eliminate the need for HCRRA property. A
lease agreement has been drafted and reviewed by the City Attorney. The lease is a 7-
year renewable lease allowing Metropolitan Council use of cIty property and requiring
that the Metropolitan Council maintain the facility. Staff requests Council approve the
revised construction plan and lease agreement.
Primary Issues to Consider.
. Specifics of the revised construction plan
. Terms of the agreement
Supportinq Information
. Proposed Agreement
. New transit station plan
. p viousl p roved transit station plan
Steven J. Stadler
Public Works Director
Financial Impact: $ 0.0 Budgeted: n/a Related documents
. (CIP, ERP, etc.): Current use aqreement
Notes:
.
Council Report 2002-88
Page 2
Analysis of Issues
. Specifics of revised construction plan
The new plan differs from what City Council previously approved as follows:
0 Parking stall reduced from 42 to 35
0 Buses will enter and exit site from both the 8th Avenue intersection and a
right-in/right-out entrance 300 ft east of 8th Avenue. The previous plan had all
buses using the 8th Avenue/Excelsior Blvd intersection.
0 Restroom building for drivers (with utility connections) has been eliminated
and replaced with two screened portable toilets
0 Bus loading/unloading platform areas on both north and south sides of transit
hub. The previous plan included all passenger servicing on the north side of
the transit hub (along Excelsior Blvd).
0 Reduced landscaping between new parking lot and Excelsior Blvd
. . Terms of lease agreement
The agreement grants Metropolitan Council the use of the leased land for a transit
facility and the right to make certain improvements. The basic term of the lease is 7
years with the option to extend the term for an additional 7 years. The City has the right
to terminate the lease after 7 years. The costs for improvements and all maintenance
and repairs to the transit facility are the responsibility of the Metropolitan Council.
Metropolitan Council maintenance responsibilities include: trash and snow removal,
pavement repair, weed control and equipment/fixture maintenance.
.
----
~~"L
. CITY OF HOPKINS
HopklllS, MlIlnesola 554
1612)
Mf:TROI'OLlTAN COUNCIL
230 East Firth Street
51. Paul, Minnesota 55101-] ilJ3
(65J) 602-] 749
Lease Agreement
for
Transit Hub & Park-and-Ride Facility
THIS AGREEMENT, is made and entered into this 1 sl day of June 2002, by and between the CITY OF
HOPKINS, a municipal corporation under the laws of the state of Minnesota, ("LESSOR"), and the
METROPOLIT AN COUNCIL, a public corporation and political subdivision under the laws of the
state of Minnesota ("LESSEE'}
WHEREAS. LESSOR and LESEE find it desirable to construct a transit hub & park-and-ride facility
("Transit Facility") in the city of Hopkins to provide an attractive, safe and convenient location for
. people to park their cars and transfer to public transportation operated by LESSEE~ and
WHEREAS, LESSOR owns a parcel of/and described on the attached Exhibit A ("Lessor Parcel")
where LESSEE'S Facility would be suitable; and
WHEREAS, LESSOR will allow LESSEE to construct said Transit Facility on Lessor's Parcel under the
terms of this Lease.
NOW THEREFORE, in consideration of the promises and covenants contained herein the parties hereto
agree as follows:
1. LEASED PREMISES
LESSEE agrees to lease from LESSOR, and LESSOR agrees to lease to LESSEE, the property
described and shown on the attached Exhibit B ("Leased Premises").
2. USE OF LEASED PREMISES
LESSOR grants LESSEE. its agents. officers, employees and invitees the right to use the Leased
Premises for a Transit Facility. LESSOR also grants LESSEE and its agents and employees the right to
make certain improvements to the Leased Premises including pavement replacement, curb and gutter
installation and landscaping. LESSEE'S use of the Leased Premises shall be non-exclusive and subject to
the rights of any utility occupying the Leased Premises.
. 3. TERM & TERMINATION
A. The primary tel1l1 of this Lease shall be for a period of Eighty Four-Months commencing on June 1,
20.02, and terminating on May 31,2009.
8. LESSEE shall be given the option to extend the primary krm of this Lease for an additional period
. of Eighty-four Months upon lJO days prior written notice to LESSOR of LESSEE'S intent to so extend
the term of this Lease.
C. Upon receipt of LESSEE'S written notice of its intent to extend the Lease term, LESSOR shall
have the right to terminate this Lease within 15 days following receipt of LESSEE'S notice of
extension by giving LESSEE notice of LESSOR' S intent to terminate within said 15 day period.
4. CONSTRUCTION, RENT AND OPERATING COSTS
A. LESSEE'S Transit Facility shall be constructed on the Leased Premises at LESSEE'S sole cost and
expense. Hmvever, Lessor shall pay the cost of any enhancement it installs to the Transit Facility,
which includes, but is not limited to, the cost of any additional lights. shelters. security systems and
related equipment.
B. LESSEE agrees to pay to the LESSOR the slim of One and 00/1 00 dollars ($1.00) annually for the
use of the Leased Premises.
C. LESSEE agrees to pay all costs for water, sewer. heat and electricity and any other utilities, if any,
used or consumed in connection with the Leased Premises. including waste or trash removal costs and
snO\v removal costs.
5. MAINTENANCE AND REPAIRS
. A. At all times during its occupancy of the Leased Premises. LESSEE shall be responsible for 100
percent of the expense 0 f maintaining the Leased Premises (including th~ south leg of the Excelsior
Boulevard/8th A venue South intersection which provides access to the park-ride facility) in good
repair, including but not limited to, trash and snow removaL pavement repair. curb and gutter repaiL
weed control and maintaining the fixtllres and equipment in good repair; and shall use reasonable
precaution to prevent "vaste, damage or injury: and shall modify. repair, or replace equipment when
necessary.
B. No posters, signs or adv~rtising matter of any kind shall be posted on said premises other than
advc11isements or signs relating strictly to the business which is being conducted thereon.
C. Except as specifically provided for in this Lease, LESSEE shall make no alterations. additions or
improvements to the design or structure of the Leased Premises or modify the use or purpose of the
Leased Premises until the plans and specifications have been approved by LESSOR, Hennepin County.
MnDOT and FHA.
6. COMPLIANCE 'VITH LA WS, ORDINANCES AND RULES
A. LESSEE agrees to comply with all laws, ordinances. regulations of federaL state, municipal and
local government agencies as they apply to its occupancy of the Leased Premises and/or the business it
transacts on the Leased Premises. LESSEE shall comply with any reasonable rules adopted by
. LESSOR for the safety, care and cleanliness of the Leased Premises and for the preservation of good
order therein and shall at all times keep the Premises clear and sale. LESSEE shall not permit the
existence of any nuisance on the Leased Premises.
')
.
. B. LESSEE agrees that it shall not park any car, truck, equipment, or piece of macllinery which is
partially dismantled, non-operating, unlicensed, wrecked, junked, or tIlat which is llsed only as a source
for parts, on the Leased Premises.
7. RIGHT OF ENTRY
LESSOR may enter the Leased Premises at any time to examine, inspect, or protect the premises and to
make alterations, renovations, or repairs.
8. NOTICES
All notices required or permitted pursuant to this Lease shall be directed to the following individuals and
shall be either hand-delivered or mailed to the following addresses:
To LESSEE: Metropolitan Council
Mears Park Centre
230 East Fifth Street
St. Paul, Minnesota 55101-1633
To LESSOR: City of Hopkins
Hopkins, J\1N 554
. Attention:
9. NONDISCRIMINATION REGULATIONS
During the performance of the work and services hereunder relative to the operation and maintenance of
said park-and-ride facility, LESSOR, for itself. its assignees, and successors in interest shall comply
with Title 6 of the Civil Rights Act of 1964, as amended. Accordingly, Appendix Hand 23 CRF
~ 71 0.405(b) are made a part hereof by reference with the same force and effect as though fully set forth
herein.
10. MBE
In connection with the performance of this contract, LESSOR will coorerate,/vith LESSEE in meeting
its commitments and goals with regard to the maximum utilization of minority business enterprises and
will use its best efforts in insure Lhat minority businesses shall have the maximum practicable
opportunity to compete for sub-contract work under this contract, and for bids under the specifications.
11. CONFLICT OF INTEREST
LESSOR agrees that it presently has no interest and shall acquire no interest, direct or indirect. \vhich
would conf1iet in any manner or degree with the performance of its services hereunder. LESSOR
further agrees that in the performance of this Agreement, no person having any such interest shall be
employed.
. 12. INTEREST OF PUBLIC OFFICIALS
No member, officer, or employee of LESSEE or LESSOR during their tenure or for one year thereafter,
shall have any interest, direct or indirect, in Lhis contract or the proceeds thereof
3
.
. TN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement as of the date
first written above.
Approved as to form: CITY OF HOPKINS
Lessor
City Attorney
Date:
~
By:
Its: Its Mayor
Approved as to execution:
Date: ~
City Attorney
Date:
By:
Its: City Manager
. Date:
.
4
.
.
Approved as to form
General Counsel's Office METROPOLITAN COUNCIL
Metropolitan Council Lessee
Dated:
By:
lt5:
Date:
~
.
.
5
;:::< ",.:;: ",.~ ....;: ':H~:':::':'" ~"" 'M;:':.:'::::: :;';:,~:=.-.~;;~!~;' , NV1d :llJS "\Vflld3~lla~
~ n::.:::<"- ._,...._ ";:;:~~~7." "l~l;gS~\f lI.\l [~6[9 ~3Et'jf)N l03ro~d lISrMIl a!llln
,...!'; CI1~ rJ'Mt p,'!JhII n.. ht.TU......'4 'ii 2t.1 P"'! .-.. soH llSN'f!l.\. UN.... 3Cl1H aN.... >ll:!"'O'd SN.l)\dOH
_ ..... ~~=!l~~.r::J'!::;'5 ~~;':.:':::::" -'~~-~,::~~i"::':~'. ow~~;~~zJ1jr 1lSNVCll OCl131^l
...~~ItQ"tIOU~"Jft'l.to;llUJYH.L~llIJ:]JJ1lln~1 -........-- -~"",.... .
\ \ \, \. i \ ~ 'i .=. \ ~
I \.1\ J \ \
. " ... ~ \ \
\ \, ~ \ \
\. \~ \ ~~J
...'~ ,
, - - \ \ , c .:""----
... ~\, ~ \ '. .../1
\,.1 1\\ \ \. ~
\"~ \ '\ \ ' ~J
, \, \ \ \ '
~\\ \ '- \ .~' ~~
-- .-
j \ \ \ \ W \' / ~-
i \ \ \ \ /' \
". '\ \ \ / \'/' /'
',\, \ -- \
"\..:- ~:.-- " \
\ , \
L..-
, ...
\ \
\ \
\ \.
\ ..
" \.
I. \
,
\:').. "
,
-0 \.
, '\' \
\ j/\
- ~i. \
..
'1 \
C 0 \) ... < /-
',.A.i\ ..
\ \ \,
\ \ ~
\ \ \
\
\ I \_-
I
\ \..--/
.J \. \'\
\
\ \ '
I \
\' I. \, \ \
. '\ \ \ ' \
1 '. \ "- \ '
\ \
\
iF \
\\ '~
\/~
- V/ '-
\ '. '
\ '1""_ bl
\ /\
\/ '\
\ \ .)\
\ ,/' \
, ' \
\ ' \
\ \ I.
\,
I.
\
...
\
\
.I ..
(
-.,
.
--
~
~
-- - - - - -"-- -- - -~- ..- - -
. -
~ltI\I'O "W Tll~ tffi'd l'lOlL'IllOlS3l:l ;!l:lllL urN !lNijN'(1d : ..-
"'" Nfl 'SNl~dOI1 ~ q
,.., ern! llsNVill oN.... 301M aN'" }\H'l'd SNI}\dOH,
~..~ "1"-
.... 1lSNVeli Q}j13V'1 I:.' t ..-l
- eM
&
- --~(
& .
'+
~
0
'!Ii
"
~g
(f) ~
r ~
:L
0
1 Vl
~
\
.
-=~:.~~~-:;-:::-;:...--::==,._=-,,~----;:._----,-. .. .
@J
_. n'_