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Home My WebLink About1995-11-28 - AGENDA REPORTS - BANK OF AMERICA PARKING AGMT (2)AGENDA REPORT City Manager Approval Item to be presented by: Lynn M. Harris CONSENT CALENDAR DATE: November 28, 1995 SUBJECT: BANK OF AMERICA PARKING AGREEMENT DEPARTMENT: Public Works BACKGROUND The City has enjoyed the use of the property at Lyons and Orchard Village Road as a park and ride lot since the Northridge Earthquake. The property has been sold and is due for construction to start after November 17, 1995, Approximately 60-75 vehicles used this lot daily and no other vacant property could be found to replace the lot. Also, on -street parking in the area is limited. Santa Clarita Transit was contacted by the Bank of America Corporate Real Estate office and offered the use of 25 designated parking spaces located at their branch office at 24740 Valley Street. This agreement with Bank of America is at no charge to the City. RECOMMENDATION It is recommended that the City Council review and approve the attached agreement, subject to the City Attorney's approval, and, adopt said agreement. ATTACH?vIENT Agreement In, Appunuflu"M F:\HOME%PW%CCAGENDA\130F.kkGR.AGN Agenda Item 6- PARKING AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BANK OF AMERICA NT & SA This Agreement is made this day of November, 1995, by and between the City of Santa Clarita ("Licensee"), and Bank of America NT & SA ("Licensor"). RECITALS: A. Licensor is the owner of certain property more commonly known as Bank of America located at 24740 Valley Street, Santa Clarita, CA, consisting of a bank building and a parking lot; and B, Licensee has requested the right to use 25 designated parking spaces located in the parking lot of the Licensor's property; and C. Licensor has agreed to grant Licensee the right to use 25 parking spaces upon certain terms and conditions. NOW, THEREFORE, it is agreed between the parties as follows: 1. PROPERTY[USE: Licensor hereby grants to Licensee the right to use the parking spaces shown on Exhibit A annexed hereto (the "Licensed Property"). 2. TERM: The term of this Agreement will be on a month to month basis commencing on the date this License Agreement is fully executed. The foregoing notwithstanding, this Agreement may be canceled by either party for any reason on 30 days prior written notice. 3. FEE: Licensor has agreed that no rent fee is due from Licensee. 4. HOURS: Licensee will have the right to use the Licensed Property weekdays 5:00 a.m. until 8:00 p.m. Licensee agrees not to use more than 25 parking spaces at any one time. 5. PARKING CHARGES: Licensor specifically agrees that it will not require Licensee's customers to pay a fee for parking. 6. REPAIR/M[AINTENANCE/USE: Licensee agrees to be responsible for leaving the parking lot in clean condition free from trash and debris. Licensee shall be responsible for any damages caused to or resulting from the use, in or about the premises during the hours and days of this agreement. 7. INSURANCEIINDE MNITY: Licensee will obtain and keep in force during the term of this Agreement, a policy of comprehensive public liability insurance with at least per occurrence bodily injury limits of $1,000,000 and property damage limits of $100,000. All policies will name Licensor as an additional insured. No policy will be cancelable or subject to reduction of coverage except after 30 days prior written notice to Licensor. 7.1 Licensee agrees to indemnify and save Licensor harniless from any and all claims, damages, expenses, suits, loss or liability for any death, injury or damage caused by, arising from or connected with performance of this License, provided, however, that nothing in this provision shall render Licensor Eable or responsible for any damage to property or for injury, including death, to persons caused by or arising out of the acts or omissions of Licensee, its agents, officers, representatives or employees. 8. DISPUTE RESOLUTION: NOTICE; BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE DISPUTE RESOLUTION PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT BY JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE DISPUTE RESOLUTION PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY, WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE DISPUTE RESOLUTION PROVISION TO NEUTRAL ARBITRATION. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY AGREEMENTS OR INSTRUMENTS RELATING HERETO OR DELIVERED IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO A CLAIM BASED ON OR ARISING FROM AN ALLEGED TORT WILL, AT THE REQUEST OF ANY PARTY BE DETERMINED BY ARBITRATION IN ACCORDANCE UNDER THE AUSPICES AND RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA!). THE AAA WILL BE INSTRUCTED BY EITHER OR BOTH PARTIES TO PREPARE A LIST OF JUDGES WHO HAVE RETIRED FROM THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, A HIGHER CALIFORNIA COURT OR ANY FEDERAL COURT. WITHIN 10 DAYS OF RECEIPT OF THE LIST, EACH PARTY MAY STRIKE ONE NAME FROM THE LIST. THE AAA WILL THEN APPOINT THE ARBITRATOR FROM THE NAME(S) REMAINING ON THE LIST, THE ARBITRATION WILL BE CONDUCTED IN SAN FRANCISCO, LOS ANGELES OR SAN DIEGO, WHICHEVER IS THE CLOSEST CITY TO THE NEXUS OF THE DISPUTE. ANY CONTROVERSY IN INTERPRETATION OR ENFORCEMENT OF THIS PROVISION OR WHETHER A DISPUTE IS ARBITRABLE, WILL BE DETERMINED BY THE ARBITRATORS. JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE INSTITUTION AND MAINTENANCE OF AN ACTION FOR JUDICIAL RELIEF OR IN PURSUIT OF AN ANCILLARY REMEDY, DOES NOT CONSTITUTE A WAIVER OF THE RIGHT OF ANY PARTY, INCLUDING THE PLAINTIFF, TO SUBMIT THE CONTROVERSY OR CLAIM TO ARBITRATION. 10. ATTORNEY'S FEES: If there is any legal or arbitration action or proceeding between the parties to enforce any provision of this Agreement or to protect or establish any right or remedy of either party hereunder, the unsuccessful party to such action or proceeding will pay to the prevailing party all costs and expenses, including reasonable attorney's fees (including allocated costs of Licensor's in-house attorney) incurred by such prevailing party in such action or proceeding and in any appearance in connection therewith, and if such prevailing party recovers ajudgment in any such action, proceeding or appeal, such costs, expenses and attorney's fees will be determined by the court or arbitration panel handling the proceeding and will be included in and as a part of such judgment. 11. WAIVER: The waiver by a party of any breach by the other party of any term, covenant or condition herein contained or a party's failure or delay to exercise any right, power or privilege hereunder shall not be deemed to be a waiver thereof or any subsequent breach, failure or delay, 12, TIME: Time is of the essence of this License and all the covenants, agreements, conditions and obligations herein contained. 13, ASSIGNMENT: Licensee may not assign this License to any party without Licensor's prior written consent. 14. ENTIRE AGREEMENT: This License contains the entire agreement between the parties relating thereto and all prior offers, negotiations and agreements are superseded hereby, provided this License may be altered or amended in the future by written agreement of the parties by not otherwise. 15. NOTICES OR DEMANDS: Each and every notice or demand provided for under this License or for any other purpose shall be given in writing and delivered in person or by certified or registered mail at the address set forth above for each party, or such other change of address as given in writing by one party to the other. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. "LICENSEE" CITY OF SANTA CLARITA TITLE: ATTEST: Approved as to form: FABOMETWURANSMTRANSIMOFA.MG "LICENSOR" BANK OF AMERICA NT& SA By: