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HomeMy WebLinkAbout1994-11-08 - AGENDA REPORTS - VALENCIA LUNCHTIME SHUTTLE (2)11/08/94 15:44 SANTA CLRRITA PUBLIC WORKS » 805 259 8125 �s i �simbyav�w:��• .i:�c.: DATE: SUBJECT: AGENDA REPORT November 8, 1994 NO. 672 1701 City Manager Approval Item to be prese ted by: Jef I e u Ci r License Agreement to Operate Valencia Lunchtime Shuttle into Valencia Town Center Public Works On Monday November 7, 1994 Santa Clarita Transit initiated the Valencia Industrial Center Lunchtime Shuttle providing transit service between the Industrial Center and Town Center during the mid-day hours. This service operates into the Town Center parking area to make a stop near the Carousel. Mall management required that the City enter into a license agreement in order to stop on Mall property. They provided the City with a sample agreement, which City Legal Counsel reviewed and commented on. Legal counsel for Mall management subsequently concurred with the suggested changes. However since some of the needed signatories to the agreement are located in Chicago, the agreement could not be returned to the City until November 14, 1994. However Mall management indicated that service could begin without final approval of the license agreement if the City provided a certificate of Insurance showing Mall management as additionally insured. The City complied with this request. On Friday, City staff was informed that a letter incorporating the indemnification language of the proposed agreement be submitted with the City Manager's signature before any vehicle could operate on Mall property. Municipal Code prohibits the City manager from signing such a letter without Council action. Therefore staff is seeking Council approval of the proposed license agreement and authorization for the City Manager to submit a letter incorporating the indemnification language so that the Shuttle can operate on mall property beginning Wednesday November 9, 1994. APPRONED al 11/08/94 15:45 License Agreement, November S, 1994 page 2 V�11:14MMVQ SANTA CLARITA PUBLIC WORKS 805 259 8125 NO.672 002 Valencia Town Center City Council approve, and authorize the mayor to execute a license agreement with Valencia Town Center Associates, L.P. et al for the purpose of operating the Valencia Industrial Center Lunchtime Shuttle on Mall property, and to authorize submitting a letter to Valencia Town Center Associates L.P. incorporating the indemnification language of this agreement on Wednesday November 9, 1994. F�1l1►:[�.lul: Letter to be submitted to Valencia Town Center aAanda.vk;gk 11/08/94 15:45 SANTA CLARITR PUBLIC WORKS + 805 259 6125 1 23920 Valencia Blvd. Phone I Suite 300 (805) 259.2489 If Santa Clarita fax California 91355.219e (805)259.8125 City of Santa Clarita November 7, 1994 Ms. Kristen Mueller Valencia Town Center 24201 Valencia Blvd. Santa Clarita, CA 91355 Re: City of Santa Clarila Transit's Valencia Lunchtime Shuttle Dear Ms. Mueller: NO. 672 D03 Pederson Until an agreement can be signed between the City of Santa Clarita and Valencia Town Mayne Center Mall regarding the above, the City agrees to the following: JoAnne Darcy Mayor Pro Tem -Waiver-uf_Clainns andlndcmnity: to the extent not prohibited by law, City of Santa Claris shall indemnify, defend and save harmless Valencia Town Center Associates, L.P. Carl Boyer Councilmember and JMB Retail Properties Co. and their partners, officers, directors, employees and agents from and against any and all liability, claims, damages, costs and expenses Jan Heidt including, without limitation, reasonable attorneys' fees resulting from or in connection Counciimember with City of Santa Clarita's use and occupancy of tine Premises, excluding the Valencia Hamilton C. Smyth Town Center Associates, L.P, and JM13 Retail Properties Co.'s negligence. To the Counciimember extent not prohibited by law, City of Santa Clarita waives all claims against Valencia Town Center Associates, L.P. and JMB Retail Properties Co., and their partners, officers, directors, employees and agents for injury to persons, damage to property or to any other interests of the City of Sama Clarita sustained by City of Santa Clarita or any person claiming through the City of Santa Clarita resulting from any occurrence with respect to the City of Santa Clarita Transit's presence on the Valencia Town Center's property as a result of the City of Santa Clarita Transit's vehicle providing service as the Valencia Lunchtime Shuttle_ Without limitation, ail of City of Santa Clarita's personal property which may at any time be at the Premises shall be at City of Santa Clarita's sole risk. City of Santa Clarita George A. Caravalho City Manager Attested by: Donna Grindey City Clerk el,uulo