HomeMy WebLinkAboutAgreement A-23-667 First Amendment.pdf Agreement No. 23-667
FIRST AMENDMENT TO PARKING PERMIT AGREEMENT
This First Amendment (Amendment) made and entered into as of this 12th day
of December 2023, amends the Parking Permit Agreement heretofore entered into
between the CITY OF FRESNO, a municipal corporation (CITY), and COUNTY OF
FRESNO, a political subdivision of the State of California (COUNTY). CITY and
COUNTY are sometimes referred to as the Parties.
RECITALS
CITY and COUNTY entered into a Parking Agreement, effective January 1, 2018,
for CITY to provide COUNTY with parking spaces for COUNTY employees at a
minimum of 50 stalls in the Convention Center Parking Garage located at 707 O Street
and up to 550 additional spaces at various City of Fresno Parking Facilities, which are
owned by CITY, (Agreement);
The initial term of the Agreement expired on December 31, 2022;
COUNTY submitted and signed the first of two five-year extensions permitted by
the Agreement on September 16, 2022;
COUNTY would like to increase its maximum parking spaces from 600 to 1550
parking spaces at various City of Fresno Parking Facilities;
COUNTY desires continued parking for its employees at various CITY owned
parking facilities listed below:
• Congo Alley/Garage 4 located at 1919 Tulare Street
• Convention Center Garage located at 707 O Street
• Spiral/Garage 7 located at 801 Van Ness Avenue
COUNTY desires to add parking at the Underground/Garage 8 located at 1077
Van Ness Avenue.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which are contractual
in nature, the mutual premises herein contained, and for other good and valuable
consideration hereby acknowledge, the Parties agree that the Agreement be amended
as follows:
1. COUNTY agrees to pay CITY $70.00 per parking permit per month for the
term of this Amendment. The total amount due each month shall be paid in full no later
than the 1 st of each month.
2. COUNTY shall pay CITY $108,500 per month for the use of CITY's
parking stalls.
3. "Parking Facilities" as defined in the Agreement is revised to include
Underground/Garage 8 located at 1077 Van Ness Avenue
4. Section 5(a) (Parking Spaces) of the Agreement is deleted in its entirety
and replaced with the following:
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"5a. Parking Spaces. For purposes of this Agreement, Licensee is granted use
of a maximum of 1550 "as-is" parking spaces for monthly parking by Permittees
in the Parking Facilities as designated below:
i. Convention Center Parking Garage. Non-exclusive use of a maximum of
1100 non-reserved "as-is" parking spaces; and
ii. Parking Garage No. 4. Non-exclusive use of a maximum of 200 non-
reserved "as-is" parking spaces; and
iii. Parking Garage No. 7 Non-exclusive use of a maximum of 150 non-
reserved "as-is" parking spaces; and
iv. Parking Garage No, 8 Non-exclusive use of a maximum of 100 non-
reserved "as-is" parking spaces."
5. Section 25 is added to the Agreement as follows: Indemnification. To the
furthest extent allowed by law, Licensee shall indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and volunteers from any and
all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract,
tort or strict liability, including but not limited to personal injury, death at any time and
property damage) incurred by City, Licensee or any other person, and from any and all
claims, demands and actions in law or equity (including reasonable attorney's fees,
litigation expenses and cost to enforce this agreement), arising or alleged to have
arisen directly or indirectly out of this Agreement. Licensee's obligations under the
preceding sentence shall apply regardless of whether City or any of its officers,
officials, employees, agents or volunteers are negligent, but shall not apply to any loss,
liability, fines, penalties, forfeitures, costs or damages caused solely by the gross
negligence, or caused by the willful misconduct, of City or any of its officers, officials,
employees, agents or volunteers.
6. Except as otherwise provided herein, the Agreement entered into by CITY
and COUNTY, dated January 1, 2018, remains in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
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DocuSign Envelope ID:9C420C3A-FCA6-43F6-9D71-OOB61 F9F4928
IN WITNESS WHEREOF, the parties have executed this First Amendment to the
Parking Agreement at Fresno, California, on the day and year first above and written.
COUNTY OF FRESNO, a political subdivision CITY OF FRESNO,
of the State of California a municipal corporation
DocuSfg ed by:
By: By:
We
�i
uin ro, Chairman of e—dFd9,* OA White
B of Supervisors of City Manager
the County of Fresno
Date: 1-2-�a-aOa3 Date:
ATTEST: REVIEWED AND RECOMMENDED
FOR APPROVAL:
Bernice E. Siedel
Clerk of the Board of Supervisors DocuSigned by:
County of Fresno, State of California
By: -F
By; _ Melissa Almaguer Date
Deputy Parking Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
For accounting use only: DocuSigned by:
Org No.: 8935
Account No.: 7340 By: �� N PaYvaan Ian
Fund No.: 1045 Tracy arvanian Date
Subclass No.: 10000 Supervising Deputy City Attorney
ATTEST:
Todd Stermer, CMC
City Clerk
D"uSlgnod by:
12/6/2023
By: BCA1388B2D984E3
Deputy Date
Addresses:
COUNTY: CITY:
County of Fresno City of Fresno
General Services (L-272) Parking Manager
2220 Tulare Street, 21 st Floor 2600 Fresno Street Room 4019
Fresno, CA 93721-2120 Fresno, CA 93721-3623
Phone: (559) 488-1721 Phone: (559) 621-8796
FAX: (559) 488-1988
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