HomeMy WebLinkAboutSuperior Court of California 2005-07-01 � acm7- o3
AGREEMENT
BETWEEN THE CITY OF UKIAH AND
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MENDOCINO FOR
EMPLOYEE PARKING WITHIN UKIAH PARKING DISTRICT # 1
THIS AGREEMENT is made and entered into effective July 1, 2005 by and between the CITY OF
UKIAH, a municipal corporation, hereinafter referred to as��City"; and SUPERIOR COURT OF
CALIFORNIA, County of Mendocino hereinafter referred to as'�Court".
RECITALS:
A. City operates Municipal Parking District # 1 for the purpose of providing ofF-street
public parking within its downtown commercial district. �
B. Court has requested of City the monthly permitted use of a maximum of sixty-five
(65) parking spaces for the Court's employees working within the City of Ukiah's
downtown area.
C. City desires to provide said 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 to provide, and Court does hereby agree
to purchase from City the parking permits necessary to provide parking for a
maximum of(65) sixty-five of Court employees working within the areas of Parking
District # 1 in parking Lot C designated on the diagram attached hereto as Exhibit
"A", incorporated herein by this reference.
2. Term. The term of this agreement shall be four (4) years commencing on the date
above and ending June 30, 2009. This agreement may be extended for additional
terms if mutually agreed to by both parties.
3. Fee. The Court shall pay for the permits provided to its employees under the terms
of this Agreement at the rate of$15.00 per month per permit or $975 per month,
beginning 7/1/05 and ending 6/30/07; and $20.00 per permit per month or $1300
per month beginning 7/1/07 and ending 6/30/09. The Court shall pay City fees as
follows: In the months of December, March, June & September the City shall bill the
Court, in advance, for designated Court Employees'area in Lot C. For example, in
December the Court shall pay the Ciry for the months of January, February, and
March, or $2,925 when the monthly fee per permit is $15.00.
4. Termination. This agreement may be terminated upon thirty (30) days prior written
notice for any reason. The City shall refund to the Court any fees paid in advance for
the time periods accruing after the effective termination date. Said payments shall be
made within fifteen (15) days of the effective termination date. If the termination is
effective mid-month then the permit fee shall be prorated on the basis of a 30 day
month.
5. Use. Court or its permitted assignees, shall comply with all applicable local codes and
ordinances in connection with the use of the parking permits during the term of this
agreement. Court and City shall take all necessary steps to assure the Court'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 breach or as a
modification of any term of this agreement.
7. Remedv for Breach. In the event that either party 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, the other party 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 Superior Court of California
Attn: City Manager Attn: HR Manager
Candace Horsley Donna Glass
300 Seminary Avenue 100 N. State& Perkins Streets
Ukiah, CA 95482 Ukiah, CA 95482
9. Leqal Proceedin4s. Any legal action between the parties concerning this agreement
shall be filed in the State Court of Mendocino County with subject matter jurisdiction,
provided that a disinterested out-of-county judge shall hear and decide any such
action.
10. Bindinq Effect. This agreement benefits and is binding upon both parties, and their
successors, legal representatives, and assigns.
il. Counterparts. This agreement may be executed in any number of counterparts which
taken together shall constitute the same agreement.
IN WITNESS THEROF, the parties hereto have executed this agreement at the date and place
indicated below.
CITY OF UKIAH SUPERIOR COURT OF MENDOCINO
B�.r�`� , � � BY: � ��.---�- ///q/6 7
City Manager Court Administra or
ATTEST: ATTEST�, . '
Gail F t rset�, City ��,�c � 1 n
ayy���-�=--' .�'..�t'� _ ��.�% By: l.�`1�tLrw l7"A�t� //9�0 7
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