HomeMy WebLinkAboutCounty of Mendocino 2007-08-29 , ��'', r` � (,� /1��'�- � ��Z%�'�7
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COUNTY OF MENDOCINO
AGREEMENT
BETWEEN THE CITY OF UKIAH AND MENDOCINO COUNTY
FOR EMPLOYEE PARKING
WITHIN UKIAH PARKING DISTRICT#1
This Agreement is entered into this 29`h day of August 2007, by and between the COUNTY OF
MENDOCINO, a political subdivision of the State of California, hereinafter referred to as
"COUNTY; and the CITY OF UKIAH, hereinafter referred to as "CITY".
WITNESSETH
RECITALS:
A. CITY operates Municipal Parking District #1 for the purpose of providing off-street public
parking within its downtown commercial district.
B. COUNTY has requested CITY the monthly permitted use of a maximum of sixty-nine
(69) parking spaces within the parking district in order to provide parking for County
employees working within the city of Ukiah's downtown area.
C. CITY desires to provide said spaces pursuant to the terms of this Agreement.
AGREEMENT
NOW, THEREFORE, IN CONSIDERATION of the terms, covenants, and conditions herein
expressed, to be kept and performed by the parties hereto, IT IS MUTUALLY AGREED BY THE
PARTIES AS FOLLOWS:
1. Permitted Parkinq. CITY does hereby agree, and COUNTY does hereby hire from CITY
the parking spaces necessary to provide parking as described in Paragraph B, of
Recitals, in this agreement within the areas of Parking District #1 designated on the
diagram attached hereto as Exhibit "A", incorporated herein by this reference. Individual
employees may elect to park in additional locations within Parking district #1 subject to
availability and prevailing rates, provided the employee agrees to and does pay the CITY
the difference between the prevailing monthly rate and the $15.00 paid by the COUNTY.
2. Term. The term of this Agreement shall be one (1) year commencing July 1S', 2007 and
ending June 30, 2008. This agreement may be extended for additional terms if mutually
agreed to by both parties.
3. Fee. The COUNTY shall pay for the spaces provided to its employees under the terms
of this Agreement the rate of $15.00 per month for each employee the COUNTY
requests the CITY to issue permits. The COUNTY shall pay the CITY fees in advance as
follows: In the month of December, March, June and September the CITY shall bill the
COUNTY, in advance, for quarters January, April, July, October for the actual number of
permits held by COUNTY employees.
4. Termination. This agreement may be terminated upon one hundred (180) days written
notice by either party for any reason.
5. Use. COUNTY or its permitted assignees, shall comply with all applicable local codes
and ordinances in connection with the use of permitted parking spaces during the term
' � ' of this agreement. COUNTY and CITY shall take all necessary steps to assure that
COUNTY'S employees utilize the designated parking provided by this agreement.
6. Waiver. No waiver by any party hereto of any breach of any term or condition of this
agreement is to be construed as a waiver of any subsequent break or as a modification
of any term of this agreement.
7. Remedv for Breach. In the event that COUNTY should fail, refuse, or neglect to pay
when due any installment of fees, or fail or refuse to keep, perform, or observe any
covenant, agreement, or condition of this agreement, CITY shall have the right to
terminate this Agreement immediately.
8. Notices. Whenever notice is permitted or required under this Agreement, it shall be
deemed given when personally served or when deposited in the United States mail with
proper first class postage affixed thereto and addressed as follows:
City of Ukiah County of Mendocino
Attn: City Manager Attn: Chief Executive Officer
Candace Horsley Albert P. Beltrami
300 Seminary Avenue 501 Low Gap Road, Room 1010
Ukiah, CA 95482 Ukiah, CA 95482
9. LeQal Proceedinas. Any legal action between the parties concerning this agreement
shall be filed in the State Court in Mendocino County with subject matter jurisdiction,
each party waiving any objections they may have to venue in Mendocino County.
10. Blindinq Effect. This agreement benefits and is binding upon both parties, their
successors, legal representatives, and assigns.
11. Counterparts. This agreement may be executed in any number of counterparts which
taken together shall constitute the same agreement.
IN WITNESS THEREOF, the parties hereto, by their duly authorized representatives, have
affixed their hands on the day and year this Agreement first above written.
CITY OF UKIAH: COUNTY OF MENDOCINO:
By �-`. ,
_ _ �, .�.___ By � �,
City Manager Candace Horsl y Chie,f� xecutive Officer Albe� P. Beltrami
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Date Date
APPROVED AS TO FORM: APPROVED AS TO
Jeanine B. Nadel INSURANCE REQUIREMENTS:
COUN��UNS�.�. Krist�n McMenomey, RISK MANAGER
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PkRKING D(STRICT ' �
EXHIE3IT A `
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PINE STREET � �
• Lot B Lot A Post
Office
. P,ermd ony OAK STREET'
Lot E Lot E • '
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MAFN.STREE'1� . '
UBRARY " " :<::<;:;�s;�;;�4:<;:�;: " .
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. • * ::::<L�:7?;�:�;:* 128 Mendodno Camty Emp need spaces .
-w� ` "25" ��>�.��57,.� ' •$ .less 35 w/cuRent City pemdts
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�7 tl • :;<addl "�" less 6 w/permits in private Ids
� .. . . .�: �:::;spaces �<� *
. 87 spaces needed
i , . . � � + i ' .•.`�,;'y,vs>:;<:�i ' . . � � �
. , ..:;s�.;:.<;;: 90 spaces available!n Lot C and adJacent streets
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