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HomeMy WebLinkAboutINS-11-088-Transfer of Retail Parking AgreementREPORT TO:Council DATE OF MEETING: October 24. 2011 SUBMITTED BY: Pauline Houston, Deputy CAO Infrastructure Services PREPARED BY: John McBride, Director of Transportation Planning Cory Bluhm, Mgr of Downtown Community Development WARD(S) INVOLVED: 10 DATE OF REPORT: October 19, 2011 REPORT NO.: INS-011-088 SUBJECT: Transfer of Retail Parking Agreement – Kitchener Market RECOMMENDATION: That the Mayor and Clerk be authorized to execute the necessary documentation to confirm the assignment of the Retail Parking Agreement, dated March 20, 2002 with Barrel Works Kitchener Ltd. to a new purchaser of 310 King St. East and to amend the terms of said agreement to reflect parking rates and policy more in keeping with the City’s current parking rates and policy; said documentation to be to the satisfaction of the City Solicitor. BACKGROUND: The Kitchener Market was constructed as part of a public-private partnership with Barrel Works Kitchener Ltd. Barrel Works retained both retail wings of the Market (290 and 310 King St E) while the City retained the on-site parking for the Market and retail components. In 2002, the City and Barrel Works entered into a ‘Retail Parking Agreement’ which guarantees Barrel Works the ability to rent up to three parking spaces per 1,000 square feet of retail area. The agreement also guaranteed a monthly parking rate of $85 per space, until the end of 2009, with the rate increasing annually thereafter, at the rate of the Consumer Price Index. REPORT: Barrel Works is in the process of selling 310 King Street East (the retail wing at the corner of King and Cedar). The sale of the building is contingent upon the City allowing the assignment of the ‘Retail Parking Agreement’ to the purchaser. The City has the right to accept or refuse the assignment of the agreement. Staff feels it is appropriate to assign the agreement, subject to modifications to the guaranteed parking rate which sits at $86.79 plus HST for 2011. This is significantly less than the standard parking rate for the Kitchener Market Garage which sits at $121.42 plus HST for 2011, and is proposed to increase to $133.56 plus HST in 2012. To honour the general nature of the original agreement, it would be appropriate to phase in the rate increases over time. Assuming the downtown parking rate continues to increase annually í ó ï at 10%, staff propose amending the agreement to increase the purchasers guaranteed rate by ~20% annually as follows: Anticipated Rate for Market Garage Rate in the Agreement 2012 - $104.15 2012 - $133.56 2013 - $124.98 2013 - $149.92 2014 - $149.98 2014 - $161.61 2015 - $177.77 2015 - $177.77 As of 2015, the two parking rates would align. Subsequent rate increases would be consistent with annual rate increases across the Downtown as approved by Council. In addition, staff propose amending the agreement to revise the transponder deposit from $25 to $50 plus HST. In discussions with the acting real estate agent, this change would be acceptable to the purchaser. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Amending the agreement balances our goal of being an Efficient and Effective Government while enabling new tenants at 310 King East which will advance our goal of creating a Dynamic Downtown. FINANCIAL IMPLICATIONS: Presently, the majority of 310 King Street East sits vacant. Transfer of the agreement is necessary to complete the sale of the building to a new owner. The new owner intends on filling much of the space immediately. This would translate into an increase in parking revenues generated by the Market. Increasing the parking rates in the agreement will ensure we are achieving closer to fair market value for those spaces while maintaining the intent of the original agreement. COMMUNITY ENGAGEMENT: None. ACKNOWLEDGED BY: Pauline Houston, Deputy CAO í ó î