HomeMy WebLinkAbout06362 - AIDS ASSISTANCE PROGRAM INC USE OF DESERT FASHION PLAZA NORTH PARKING GARAGE ON MUSEUM DR FACILITY USE AGREEMENT
(PARKING GARAGE-DESERT FASHION PLAZA) w
This Facility Use Agreement ("Agreement") is made and entered into this__iZ_) day of
,AP21L 2013, by and between the City of Palm Springs ("City") and the
N s ASS fST)+1UCZ=' ("User"),a California public benefit corporation concerning the use of the City-
PP ZRA*1 owned Desert Fashion Plaza North Parking Garage located on Museum Drive ("Facility").
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The City and User do hereby mutually agree as follows:
AGREEMENT f
1. TERM O—F)JSE This Agreement shall be in full force nd effect for a period of Q q Mrb
beginning d 2-01 3 and ending 0 S l f 3
2. FACILITY USE.
2.1 Desert Fashion Plaza North Parking Garage.City grants User the use of a portion of
the Desert Fashion Plaza North Parking Garage as identified in Exhibit"A"and incorporated herein
by reference.
2.2 Fees and Charges for Facility Use. There is no fee charged to the User for the use of
the Facility for this event.
3. SECURITY. The User is responsible for providing security within the Facility during the
time period described in Section 1 of this agreement. The User acknowledges that a portion of the
Parking Structure does not have working fire sprinklers. Therefore, in addition to the normal
security functions of a security officer, "security"under this Agreement also includes possessing and
deploying,if necessary,working fire extinguishers by the security officers on any structure or vehicle
that warrants its use during the use period. The User shall be responsible for monitoring all areas
where its patrons park in the Facility during the period its patrons are parked.
4. INSURANCE.
4_1 Minimum Insurance. User shall procure and maintain,at its sole cost and expense,in
a form and content satisfactory to City, during the entire term of this Agreement, including any
extension thereof,the following policies of insurance:
4_2 Comprehensive General Liability Insurance. A policy of comprehensive general
liability insurance in an amount not less than One Million Dollars($1,000,000.00)per occurrence
and in an amount not less than Two Million Dollars ($2,000,000.00) in aggregate. Insurance
companies shall have an AM Best's Guide Rating of A-, Class VII or better.
4_3 Proof of Insurance.Proof of the insurance required under Section 4 shall be provided
to City prior to the execution of this Agreement. �yy� ,./�
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772566.1 1
5. INDEMNIFICATION AND DEFENSE.
5.1 Indemnification. User agrees to indemnify the City,its officers,agents and employees
against, and shall hold and save each of them harmless from, any and all actions, suits, claims,
damages to persons or property, including injury or death to any person, losses, costs, penalties,
obligations,errors,omissions or liabilities(herein"Claims")that may be asserted or claimed by any
persons, firm or entity arising out of or related to this Agreement or User activities at the Facility,
except to the extent that the Claim arises from the sole negligence or willful misconduct ofthe City,
its officers, agents or employees.
5.2 Defense. User agrees to defend,with counsel acceptable to City,the City,its officers,
agents and employees against any Claims that may be asserted or claimed by any persons, firm or
entity arising out of or related to this Agreement or User activities at the Facility,except to the extent
that the Claim arises from the sole negligence or willful misconduct of the City,its officers,agents or
employees.
5.3 Costs Associated with Indemnification and Defense. User shall be responsible for all
costs incurred by the City that are associated with the indemnification or defense of City by User,
including any costs associated with the use of City resources, including lost time by employees,
expended in furtherance of the indemnification or defense.
6. NOTICE. For purposes of this Agreement,the addresses of the parties for all notices are as
follows:
City.
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 323-8299
Attention: City Manager
User.
User A to s I V906 0-41 4
Address /Z76 /V - 10A-f-� G -11-2Y O'V Q2 *c6
Palm Springs, CA 92262
Attn: Executive Director
[SIGNATURES TO FOLLOW]
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772566.1 2
IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown
below.
APPROVED BY CITY MANAGER
CITY OF PALM SPRINGS Y
Date: �J '1 • �0\� XV (D
David H. Ready, City er
ATTEST:
Date: O 516?tool 3
mes Thompson, City Clerk
4Douglas .
TO FORM:
Date:
*Cityttorney
USER 2
By: Date: T 3®° J
Its: P-6bla Cn!-on vt�—
(insert title) J7lQ�7�Q�
772566.1 3
EXHIBIT "A"
(NORTH PARKING GARAGE FACILITY)
Shown are the street level facilities.
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772566.1
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123 N. PALM CANYON DRIVE
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PALM SPRINGS, CA. 92262
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