HomeMy WebLinkAboutReso 93-334 - Approve entering into an agreement between COR & the Midtown Mall benefit Corp, Inc for the Operation & Maint of Redding Midtown Mall Project No 1 0
RESOLUTION NO. 93- 1 .5-3-3x
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 REDDING MIDTOWN MALL
PROJECT NO. 1; 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 above-mentioned Agreement 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 7th day of September, 1993 , and was duly adopted at
said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Dahl, Kehoe, Moss and Arness
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
CARL ARNESS, Mayor
City of Redding
A ST: FORM APPROVED:
C�
CONNIE STROHMA City Clerk RANDALL A. HAYS, City Attorney
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AGREEMENT BETWEEN THE CITY OF REDDING ("CITY")
AND
MIDTOWN MALL BENEFIT CORPORATION ("CORPORATION")
FOR THE OPERATION AND MAINTENANCE OF THE
i REDDING MIDTOWN MALL PROJECT NO. 1
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This agreement is made on by the City of
Redding (hereinafter referred to as the "City" ) and the Midtown
Mall Benefit Corporation, Inc. , a California nonprofit mutual
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benefit corporation (hereinafter referred to as the "Corporation" ) .
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RECITALS
WHEREAS, the owners of real property included in the Redding
Midtown Mall Project No. 1 ( "Mall" ) have requested the formation of
j an assessment district under the Benefit Assessment District Act of
1982, and have requested an election within that district for the
levy of an assessment to be utilized for the operation and
maintenance of the Mall; and
WHEREAS, the property owners within the Mall have formed the
Corporation to contract with the City to provide assistance in
operation and maintenance of the Mall, utilizing the assessments
levied under the Benefit Assessment District Act of 1982; and
WHEREAS, the parties intend that the revenues collected from
the assessments be utilized by the Corporation pursuant to the
terms of this agreement; and
WHEREAS, the parties further intend that the utilization of
this procedure will enable the property owners to assist the City
in the operation and maintenance of the Mall; and
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In consideration of the mutual covenants and conditions
contained in this Agreement it is hereby agreed as follows:
j II
DEFINITIONS
1 . 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
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commercial purpose of the property owner and are designated as
Commercial Areas on the site plan attached hereto as Exhibit "A. "
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; and
public rest rooms that are directly accessible from pedestrian
passageways and not located in the retail space of any Occupant.
C. 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.
d. The term "Party" means each Person executing this
Agreement.
e. The term "Person" means an individual or a partnership,
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Rev. August 16, 1993 2
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firm, association, corporation, trust, or any other form of legal
or business entity, including a public entity lawfully existing
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under the laws of the State of California.
f. The term "Users" means all persons who have been granted
permission to use the Common Areas.
III
CITY'S RESPONSIBILITIES
2. Levy and Collection: The City will levy and collect, pursuant
to the terms of the measure approved by the vote of landowners
whose ownership represents a simple majority of the square footage
of the parcel size within the Mall, a benefit assessment in the
amount of three cents per month for the square footage of the
parcel size within the Mall as identified on Exhibit "B" attached
hereto and incorporated herein by this reference. Pursuant to the
terms of the measure the amount of the benefit assessment may be
increased only upon the approval by vote of landowners whose
ownership represents a simple majority of the square footage of the
parcel size within the Mall. The funds collected will be deposited
in a separate interest bearing account. At the beginning of each
quarter, the City will pay to the Corporation one-quarter of the
funds anticipated to be collected in the succeeding fiscal year.
The City shall be entitled to interest on any sums advanced at the
average monthly interest rate earned by City. The City shall be
entitled to Two Thousand Dollars ($2,000) per annum to cover the
cost of levy, collection and administration of the benefit
assessment funds.
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! Rev. August 16, 1993 3
3 . Equipment: The City will lease to the Corporation for the
amount of $1 . 00 per year a mechanized lift presently used to
replace light bulbs and florescent tubes, an electric cart, a floor
scrubber and a battery charger. Other equipment used by the City
to maintain the Mall is presently located on the Mall property.
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Equipment such as brooms, mops, buckets and the like, when no
longer usable or when lost or destroyed, will not be replaced by
the City and shall be the responsibility of the Corporation to
acquire.
4 . Parking and Parking Facilities: The City shall continue to
maintain parking facilities. However, prior to changing or
amending any parking regulations for the facilities, the City shall
consult with the Corporation.
5. Continued Maintenance: The City shall continue to provide
maintenance to the Mall, except for maintenance assumed by
Corporation pursuant to this Agreement.
IV
CORPORATION'S RESPONSIBILITIES
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6. Maintenance: The Corporation shall maintain all common areas
within the Mall. The Corporation's responsibilities to maintain
the Common Areas are set forth in Exhibit "C" attached and
incorporated herein by reference.
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7. Access and Security: The Corporation shall cooperate with
Mall tenants in providing security for the Common Areas within the
Mall and shall insure that the Mall entrances are opened and closed
at times determined by the Corporation to be beneficial to the
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Rev. August 16, 1993 4
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Occupants and Users.
8. Restrictions and Accounting: The Corporation shall use the
funds provided pursuant to this Agreement strictly and exclusively
for the operation and maintenance of the Mall. The Corporation
shall provide the City with an accounting of funds on a quarterly
basis.
,) V
GENERAL PROVISIONS
'
9. Term: This Agreement shall be effective upon execution by the
parties hereto and shall be operative when the City pays to the
Corporation its first quarterly installment. The Agreement shall
continue until terminated as provided in Paragraph 10.
10. Termination: The City or the Corporation may terminate this
Agreement by giving 90 days' notice in writing.
11. Contract and Levy Interdependants: The City and Corporation
recognize and acknowledge that the benefit assessment may only be
levied on the Mall properties as long as there is an agreement
between the City and the Corporation concerning the use of the
funds collected by the levy. Therefore, termination of this
Agreement will also terminate the assessment.
12. Liability Insurance: The Corporation shall furnish the City
with certification of insurance and original endorsements effecting
coverage required by this clause. The Corporation shall maintain
public liability insurance in the amount of one million dollars
($1,000,000) for all its employees and agents and require the same
insurance of its contractors. Such insurance shall cover bodily
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Rev. August 16, 1993 5
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injury (including death) , personal injury and property damage
'I 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
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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.
13. Workmen' s Compensation Insurance: The 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 right 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 dollars ( $1,000,000) per accident for bodily injury or
disease.
14. Rules and Regulations: The Corporation shall observe, in the
maintenance of the Mall, all County and City ordinances, and State
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and Federal statutes, now in force or which may hereafter be in
force.
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15. Waste: The Corporation shall not commit, nor suffer to be
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committed, any waste upon said premises, nor any nuisance.
16. Discrimination: The Corporation, in its operation and use of
the facilities, the Mall, or 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, 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 States
i
of America.
17. Notices: Written notices to the City shall be given by
registered or certified mail, postage prepaid, and addressed to:
City Clerk
City of Redding
760 Parkview Avenue
Redding, CA 96001
Written notices to the Corporation shall be given by
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registered or certified mail, postage prepaid, and addressed to:
Midtown Mall Benefit Corporation, Inc.
1538 Market Street, Suite 2
Redding, CA 96001
18. 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
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California.
19. 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: 1993 CITY OF REDDING
CARL ARNESS, Mayor
Dated: , 1993 MIDTOWN MALL BENEFIT CORP.
By:
ATTEST: FORM APPROVED:
CONNIE STROHMAYER, City Clerk RANDALL A. HAYS, City Attorney
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Rev. August 16, 1993 8
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EDDING MIDTOWN MALL
PROJECT NO. 1 .
BENEFIT ASSESSMENT DISTRICT 1993-1
CITY OF REDDING, COUNTY OF SHASTA
ASSESSMENTS
Assessor
Parcel Square Annual
Number Footage Assessm
ent
101-790-11 7,000 2,520
101-790-14 14,000 5,040
101-790-15 65,200 23,472
101-790-16 4,299 1,548
101-790-17 4,915 1,769
101-790-18 4,785 1,723
101-790-19 18,460 6,646
101-790-20 4,000 1,440
101-790-21 54,000 19,440
101-790-22 7,000 2,520
101-790-23 5,000 1,800
101-790-24 2,000 720
101-790-25 7,000 2,520
101-790-26 7,000 2,520
101-790-27 6,744 2,428
101-790-28 7,098 2,555
101-790-29 12,660 4,558
101-790-30 27,000 9,720
101-790-37 27,000 9,720
Total Annual Assessment $102,659
Total Monthly Assessment $ 8,555
Total Quarterly Assessment 25,665
• SCOPE OF SERVICES
Exhibit "C"
d
\ 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 ballasts and light bulbs and air tanks
for air lift.
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.
it 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) .
RPTLH.058 1 07-13-93
DAILY CLEANING OF RESTROOMS SHALL INCLUDE THE FOLLOWING:
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20. Fixtures disinfected (toilets, urinals, sinks) .
21. Floors disinfected and wet mopped.
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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. The City shall continue to maintain the Mall, except as
provided for herein.
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