HomeMy WebLinkAboutReso 93-039 - Approve entering into an agreement between COR & Midtown Mall Benefit Corp Inc for Operation & Maint of the Downtown Mall� a
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING ENTERING INTO AN AGREEMENT BETWEEN THE CITY OF
REDDING AND THE MIDTOWN MALL BENEFIT CORPORATION, INC. FOR
THE OPERATION AND MAINTENANCE OF THE DOWN'T'OWN MALL; AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF
THE CITY OF REDDING.
IT IS HEREBY RESOLVED that the City Council of the City of
Redding hereby approves the Agreement for Operation and Maintenance
of the Downtown Mall between the City of Redding and the Midtown Mall
Benefit Corporation, Inc. , a true copy of which is attached hereto
and incorporated herein by reference.
BE IT FURTHER RESOLVED that the Mayor of the City of Redding is
hereby authorized and directed to sign said Agreement on behalf of
the City of Redding; and the City Clerk is hereby authorized and
directed to attest the signature of the Mayor and to impress the
official seal of the City of Redding thereto.
I HEREBY CERTIFY that the foregoing Resolution was introduced
and read at a regular meeting of the City Council of the City of
Redding on the 2nd day of February, 1993, and was duly adopted at said
meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Arness, Dahl, Kehoe & Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
CHARLIE MOSS, Mayor
City of Redding
A EST. FO4-APPROVED:
CONNIE STROHMAYER ity Clerk RANDALL A. HAY City Attorney
AGREEMENT FOR OPERATION AND MAINTENANCE
OF THE DOWNTOWN MALL
This agreement is made on by the City of
Redding (hereinafter referred to as the "City" ) and the Midtown
Mall Benefit Corporation (MMBC) , Inc. , a California nonprofit
mutual benefit corporation (hereinafter referred to as the
"Corporation" ) .
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RECITALS
WHEREAS, the Redding Midtown Mall Project No. 1 (hereinafter
referred to as the "Mall" ) , is a large shopping center located
within the jurisdictional boundaries of the City; and
WHEREAS, the Mall was developed to encourage the restoration
and economic development of the City' s downtown area; and
WHEREAS, since the opening of the Mall the City has operated
and maintained the Mall utilizing monies from the City' s general
fund; and
WHEREAS, the City has maintained the Mall since its opening
and at this time lacks the resources to continue the maintenance
programm for the remainder of the fiscal year; and
WHEREAS, the City and the property owners within the Downtown
Redding Mall are presently attempting to reach a resolution with
respect to the provision of services in the future; and
WHEREAS, as an interim measure, the City desires to provide
janitorial and maintenance services by contract with MMBC which is.
a non-profit corporation incorporated in the State of California;
WHEREAS, the Corporation requires certain funds for the City
to provide certain funds for the start-up of the Corporation to
provide the services to be performed under this agreement and the
City finds it to be in the public interest to provide such funds .
In consideration of the mutual covenants and agreements
contained in this Agreement, it is hereby agreed as follows:
II
DEFINITIONS
A. The term "Commercial Areas" means the portion of the Mall
designated for commercial purposes and other purposes related
to the Mall as a commercial activity. These areas are those
areas that are privately owned and utilized exclusively for
the commercial purpose of the property owner. The term
"Commercial Areas" excludes "Common Areas."
B. The term "Common Areas" means the portion of the Mall
designated as Common Areas on the site plan attached hereto as
Exhibit "A." Common Areas are the portion of the Mall
designated for the nonexclusive use of the Parties to this
agreement, the Occupants of the Mall, and Users in common.
Common Areas include all of the following: walkways; malls;
landscaped areas public rest rooms that are directly
accessible from pedestrian passageway and not located in the
retail space of any Occupant, the roof of the Mall and all
appurtenances thereto. The term "Common Areas" does not
include any Commercial Areas.
C. The term "Mall" means the Redding Midtown Project No. 1,
excluding therefrom any parking area.
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D. The term "Occupant" means any person entitled at any time to
the use and occupancy of any portion of the Commercial Area in
the Mall under this Agreement or under any lease, license,
concession, or other instrument or arrangement.
E. The term "Party" means each Person executing this Agreement.
F. The term "Person" means an individual or a partnership, firm,
association, corporation, trust, or any other form of legal or
business entity, including a public entity lawfully existing
under the laws of the State of. California.
G. The term "Users" means all persons who have been granted
permission to use the Common Areas.
III
CORPORATION' S RESPONSIBILITIES
1 . MAINTENANCE: Corporation shall maintain all Common Areas
located within the Mall. Corporation's obligations to
maintain the Common Areas are as set forth in Exhibit "B"
attached hereto and incorporated herein by reference.
2. ACCESS TO THE MALL: Corporation shall open the doors of the
Mall for Occupants and Users at the times and on the schedule.
determined by the Corporation.
IV
CITY'S RESPONSIBILITIES
3. EQUIPMENT--MECHANIZED LIFT: In consideration of the
obligations assumed by Corporation pursuant to this Agreement,
City shall lease to Corporation for the amount of $1.00 per
annum a mechanized lift that is used to replace light bulbs
and florescent tubes, and other maintenance as needed.
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Corporation shall be responsible for all maintenance costs
expended in maintaining said equipment. When the mechanized
lift is no longer safe, or cannot be repaired, the City shall
not be responsible for replacing said equipment. The absence
of such equipment shall not be a waiver of the duties required
of the Corporation as specified in this Agreement.
4. EQUIPMENT--MISCELLANEOUS: In consideration of the
obligations assumed by Corporation pursuant to this Agreement,
the City shall lease to Corporation for the amount of $1. 00
per annum all brooms, mops, buckets and similar equipment. now
used by City personnel to maintain Mall. When such equipment
is no longer useable, or is lost or destroyed, the- City shall
not be responsible for replacing said equipment. The absence
of such equipment shall not be a waiver of the duties required
of the Corporation as specified in this Agreement.
5. PAYMENT: In consideration of the obligations assumed by the
Corporation, the City shall pay to the Corporation $38,600..
Upon execution of the agreement, the City will pay to the
Corporation the amount of $11,600 for the. start-up of the
Corporation. Thereafter, the City will pay to the Corporation
four payments in the amount of $6,750 upon submission by the
Corporation to the Department of Finance an invoice setting
forth the work performed by the Corporation during the prior
billing period. Invoices shall be submitted on March. 1, 1993,
April 1, 1993, May 1, 1993 and June 1, 1983. Within 10 days
of the approval of the invoice by the Director of the
Department of Finance, she will authorize the disbursement of
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$6,750 pursuant to the invoice so submitted. Any monies not
utilized by the Corporation for the maintenance of the Mall
under the terms of this agreement shall be returned to the
City within 60 days of the date of the termination thereof .
6 . REIMBURSEMENT: In consideration of the payment the initial of
$10,000 for the start-up of the Corporation, Corporation
hereby agrees to reimburse the City for all costs
incurred therein upon the formation of a permanent non-
profit corporation to undertake the. operation and
maintenance of the Mall.
V
GENERAL PROVISIONS
7 . TERM: The term of this Agreement shall be effective upon
execution by the parties and shall terminate on June 30, 1993.
The parties may in writing agree to extend the term of this
agreement as agree upon by the parties.
S. TERMINATION: The City or the Corporation may terminate this.
Agreement by giving notice in writing not less than 30 days
prior to the date of termination. Corporation shall be paid-
for
aidfor all work perf ormed up to the time of termination on a pro
rata basis.
9. LIABILITY INSURANCE: Corporation shall furnish the City
with certificates of insurance and original endorsements,
effecting coverage required by this clause. Corporation shall
maintain public liability insurance in the amount of one
million dollars ( $1,000,000) for all its employees and agents.
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• •
and require the same insurance of its contractors. Such
insurance shall cover bodily injury ( including death) ,
personal injury and property damage occurring or arising
during the contract period for injury and damage resulting
from the negligence of its employees or agents. Such
insurance shall be endorsed to include the City, its officers,
officials, employees, agents, and volunteers as an additional
insured. Such coverage shall be primary and any insurance or
self-insurance maintained by the City, its officers,
officials, employees, agents, and volunteers and shall be
excess and shall not contribute with it. Such policy shall be
endorsed to state that coverage shall not be. suspended,
voided, canceled, or reduced in coverage or in limits except
after 30 days prior written notice has been given to the City.
Such insurance shall also apply separately to each insured
against whom claim is made or suit is brought, except with
respect to the limits of the insurer' s liability.
10. WORKMEN' S COMPENSATION INSURANCE: Corporation shall furnish
the City with a certificate of insurance and applicable
endorsements effecting coverage required by this clause. The
workers' compensation insurer shall provide an endorsement
waiving all rights of subrogation against the City of Redding,
its officers, officials, employees, agents and volunteers for
losses occurring or arising out of the services performed
under this agreement. Employers liability insurance shall
provide coverage no less than .one million dollar ( $1,000,000)
per accident for bodily injury or disease.
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11 . RULES AND REGULATIONS: Corporation shall at its sole cost
and expense, and shall faithfully observe in the maintenance
of the Mall all County and City ordinances, and State and
Federal statutes,. now in force or which may hereafter be in
force.
12. WASTE: Corporation shall not commit, nor suffer to be
committed, any waste upon said premises, nor any nuisance.
13 . DISCRIMINATION:
a. Corporation, in its operation and use of the facilities,
the Downtown Mall, or of any of the facilities thereon,
will not discriminate nor permit discrimination against
any person on the grounds of race, color, religious
creed, ancestry, age, sex, national origin, handicap,
disability, or use of a guide dog because of blindness of
the user. No such persons shall be excluded from
participation in, denied the benefit of, or be otherwise
subjected to discrimination in the use of said facilities
in any manner prohibited in the State of California or
the United Stated of America.
b. Corporation will insure that- in the construction of any
improvements on, over, or- under such land and the
furnishing of services thereon, no person on the grounds
of race, color, religious creed, ancestry, age, sex,
national origin, or non-job-related handicap or
disability shall be excluded from participation in,
denied the benefits of , or otherwise be subjected to
discrimination.
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14 . NOTICES: Written notices to the City shall be given by
registered or certified mail, postage prepaid, and addressed
to: Samuel S . McMurry, Assistant City Manager
760 Parkview Avenue
Redding, CA 96001
Written notices to the Corporation shall be given by
registered or certified mail, postage prepaid, and addressed.
to: Midtown Mall Benefit Corporation, Inc .
1538 Market Street, Suite 2
Redding, CA 96001
15. CALIFORNIA LAW: Any dispute between the parties relating
to the interpretation and enforcement of their rights and
obligations under the Agreement shall be resolved by the laws
of the State of California.
'i 16. ENTIRE AGREEMENT: This Agreement reflects the entire
understandings of the parties hereto and supersedes any and
all oral, written, implied or expressed understanding or
agreement between the parties hereto concerning the subject
matter hereof.
DATED: CITY OF REDDING
CHARLIE MOSS, Mayor
DATED: MIDTOWN MALL BENEFIT
CORPORATION
by:
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ATTEST: FORM APPROVED:
CONNIE STROHMAYER, City Clerk RANDALL A. HAYS, City Attorney
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SCOPE OF SERVICES •
Responsibilities of Midtown Mall Benefit Corporation (to be
performed to the same degree presently provided by City of
Redding) :
1 . Provide janitorial services and supplies.
2 . Provide and replace light bulbs and air tanks for air lift;
replace ballasts (City to provide) .
3 . Respond to minor emergencies, such as plugged toilets,
etc. , during and after hours as needed.
4 . Open all exterior Mall doors and turn on lights.
5. Pick up all trash and sweep all floor areas.
6. Operate floor scrubber.
7 . Wash all glass exit/entrance doors .
8 . Clean, water, fertilize, and repair plants and trees that
are on sprinkler system weekly.
9. Repair handrails and benches as needed.
10. Clean and maintain three ( 3) fountains.
11. Prune all trees and plants.
12. Hose-down and clean all entrance ways.
13. Clean all trash receptacles weekly and replace liners as
needed.
14. Remove trash, including cigarette butts, soft drink cups,
etc. from all planters.
15. Empty all ash trays.
16. Spot mop floor areas as required.
17. Water all plants in wooden and concrete boxes that are not
on electric sprinkler system.
18. Vacuum all floor mats, if any, that are in front of
exterior doors.
19. Wash all glass window areas above double swinging exterior
glass doors ( inside and out) .
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DAILY CLEANING OF RESTROOMS SHALL INCLUDE THE FOTY,LOWING:
20. Fixtures disinfected ( toilets, urinals, sinks) .
21 . Floors disinfected and wet mopped.
22 . Partitions and complete restroom area disinfected and
cleaned.
23 . Replace toilet tissue, sanitary seat covers, cloth towels
in dispensers, and sanitary napkins in dispensers .
24 . Empty sanitary napkin receptacle.
25. Wash mirrors.
26. Spot clean walls .
Responsibilities of City of Redding
1 . Meet with outside contractors regarding any problems with
heating and A/C and fire alarms as needed.
2 . Respond to any emergencies, such as electrical problems,
fire alarm problems, broken windows, etc. during and after
hours as needed.
3 . Perform minor repairs to roof and gutters as needed.
4. Provide ballasts for Midtown Mall Benefit Corporation to
install.
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