PARKING AGREEMENT
This Parking Agreement between the City of Visalia, a charter city organized under the laws of the State of California, and CHRISTOPHER J. WOOD, the owner of the property located at 1549, W. Main Street, Visalia, California, and the owner of the business located on that property, Wood Orthodontics
WHEREAS, the City of Visalia, a municipal corporation of the State of California, is the owner in fee simple and entitled to possession of that certain real property commonly referred to as “Mayor’s Park” at the corner of Main and Hall streets in Visalia, Tulare County, California, and more particularly described as follows:
All that portion of Lot 24 of Parkside Tract in the City of Visalia, County of Tulare, State of California, as recorded in V olume 8, Page 82 of Maps in the office of the County Recorder of said county, described as follows:
Beginning at the Northeast corner of said Lot 24; thence West along the North line of said Lot, 16 feet; thence South and parallel with the East line of said Lot, 43 feet; thence Southwesterly, in a straight line, 23 feet, more or less to a point 58 feet South and 34 feet West of the Northeast corner of said Lot 24; thence South in a straight line to a point in the Southerly line of said Lot; thence Southeasterly and Easterly along the Southerly property line of said Lot to the more Easterly point of said Lot; then Northwesterly along said property line 39.27 feet; thence Noth along said property line
99.75 feet to the true point of beginning.
WHEREAS, improvements to said property were made consisting of a paved parking lot of two inch (2”) asphalt over four inch (4”) aggregate base and constructed in the location and to the specifications of the site development plan
WHEREAS, the eastern border of said property is landscaped in a manner and according to the terms and specification of the site development plan, and WHEREAS, the heretofore improvements to said property were done in exchange for the use of said parking lot by the previous property and business owner.
WHEREAS, the parties are agreeable to continuing the prior parking agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. TERM OF AGREEMENT - The term of this Agreement shall be a period of ten (10) years, commencing January 1, 2024, and ending December 31, 2033.
2. OWNERSHIP OF PARKING LOT AND LANDSCAPING - The parking lot and landscape that is described above, is the property of the City of Visalia.
3. REPAIRS AND MAINTENANCE - At all times during the term of this Agreement, and any renewals of the term of this Agreement, CHRISTOPHER J. WOOD, shall at his own cost
and expense, and at no cost and expense to the City of Visalia, keep and maintain the parking lot and landscape above described in good order and repair and in a safe and clean condition.
Furthermore, CHRISTOPHER J. WOOD, shall, at his own cost and expense, and at no cost and expense to the City of Visalia maintain at all times during the term of this Agreement any and all renewals of this Agreement, the parking lot and landscape above described in a clean, sanitary, tidy, orderly, and attractive condition.
4. INDEMNITY AGREEMENT - CHRISTOPHER J. WOOD shall indemnify and hold the City of Visalia free and harmless from any and all liability, claims, loss, damages, or expenses resulting from CHRISTOPHER J. WOODS’s failure to keep and maintain the parking lot and landscape in good order and repair and in a safe and clean condition.
5. LIABILITY INSURANCE - CHRISTOPHER J. WOOD shall, at its own cost and expense, maintain during the entire term of this Agreement, and any renewal or extension of this Agreement, a broad-form comprehensive coverage policy of public liability insurance, issued by an insurance company authorized to conduct business in the State of California, insuring City of Visalia and CHRISTOPHER J. WOOD against loss or liability caused by or connected with the use of and occupation of the subject property by Mr. Wood in amounts no less than one million dollars, ($1,000,000.)
The policy of insurance described herein shall be primary and noncontributory with any policies carried by City of Visalia. City of Visalia shall be furnished with proof of insurance meeting the requirements of this Agreement, and that such insurance names the City of Visalia, its elected and appointed officials, agents, representatives, and employees as additional insured under the policy.
6. DUTY TO RESTORE PREMISES - Should at any time during the term of this Agreement the parking lot or landscape above described be destroyed in whole or in part by fire, theft, the elements, or any other cause, not the fault of the City of Visalia, this Agreement shall continue in full force and effect and CHRISTOPHER J. WOOD, shall, at his own cost and expense, and at no cost and expense to the City of Visalia, repair and restore the damaged parking lot and/or landscape to the original plan thereof.
7. USE OF PARKING LOT - The above said parking lot may be used for vehicular parking and for vehicular and pedestrian ingress an egress by patients of CHRISTOPHER J.
WOOD’s orthodontia office located at 1549 West Main Street. Said use shall be limited to weekdays from 7:00 am to 6:00 pm and shall be on a first come, first served basis.
The City of Visalia retains the right for any of its employees, agents, guests, or members of the general public to use the above-described parking lot for vehicular parking and for vehicular and pedestrian ingress and egress, on a first come, first served basis.
CHRISTOPHER J. WOOD shall, at his own cost and expense, install and maintain signs in
appropriate location in the above-described parking lot clearly indicating that the parking for the general public is allowed during times other than the above-described hours.
8. REAL PROPERTY TAXES - The City of Visalia shall pay any and all real property taxes and general and special assessments levied or assessed during the term of this Agreement by any governmental agency or entity on or against the above-described property commonly referred to as “Mayor’s Park”. CHRISTOPHER J. WOOD shall pay all taxes levied or assessed upon all personal property and fixtures owned by CHRISTOPHER J. WOOD and located in the area subject to this Agreement, in addition if this Agreement is determined to create a taxable possessory property interest held by CHRISTOPHER J. WOOD, then any such taxes shall be the sole responsibility of CHRISTOPHER J. WOOD.
9. ATTORNEY’S FEES - Should any litigation be commenced between the parties to this Agreement concerning the above-described property commonly referred to as ‘Mayor’s Park”, the Agreement, or the rights and duties of either in relation thereto, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted in the litigation, to a reasonable sum as and for his attorney’s fees in such litigation, which shall be determined by the Court in such litigation or in a separate action brought for that purpose.
10. ONE-TIME OPTION TO RENEW - CHRISTOPHER J. WOOD is hereby granted a single option to renew this Agreement for an additional period of ten (10) years on the expiration of the term of this Agreement; said renewal shall be on the same terms, covenants, and conditions and subject to the same exceptions and reservation as herein contained, EXCEPT THAT there shall be no continuing option to renew for an additional period. Any renewal or extension of this Agreement beyond the 10-year option term (if exercised by CHRISTOPHER J. WOOD) will be subject to agreement by the City of Visalia. The one- time renewal option shall be exercised by written notice setting forth CHRISTOPHER J.
WOOD’s election to exercise the option, delivered to the City of Visalia in person or by United States mail within thirty (30) days prior to the expiration of the term hereof.
11. ASSIGNMENT – This Agreement may not be assigned, encumbered, or transferred by CHRISTOPHER J. WOOD without the prior written express consent of the City of Visalia.
Any assignment, encumbrance, or transfer of this Agreement without the written express consent of the City of Visalia shall be void and constitute a default under this Agreement, allowing the City of Visalia to immediately terminate this Agreement and retake possession of the subject property.
Executed on __________________________ at Visalia, Tulare County, California.
CITY OF VISALIA CHRISTOPHER J. WOOD
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By: City Manager By: Christopher J. Wood
Approved as to Form
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By: City Attorney
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By: Risk Manager