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25D - RFP AND AGMT - PARKING STRUCTURE OPERATOR
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11/19/2012
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25D - RFP AND AGMT - PARKING STRUCTURE OPERATOR
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Last modified
5/27/2016 11:54:37 AM
Creation date
11/15/2012 4:30:22 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25D
Date
11/19/2012
Destruction Year
2017
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A. Record a valid Release of Lien, or <br />B. Procure and record a bond in accordance with Section 3143 of the Civil <br />Code, which frees the Parking Facilities from the claim of the lien of stop- <br />notice and from any action brought to foreclose the lien. <br />If the Operator fails to accomplish either of the two optional actions above within <br />fifteen (15) days after the filing of such a lien or stop-notice, the Agreement shall be in <br />default and shall be subject to immediate termination. <br />18. REMOVAL AND RESTORATION <br />Subject to the provisions of Section 30 ("Title To Improvements"), upon <br />termination of this Agreement, the Operator shall redeliver possession of the <br />Parking Facilities and equipment to the City in substantially the same condition <br />that existed immediately prior to the Operator's entry thereon, reasonable wear <br />and tear, damage by the elements, earthquakes, acts of God, war and any act of <br />war, excepted. <br />19. MAJOR REPAIRS AND DAMAGES <br />A. City shall be responsible for any major repairs, surfacing, and resurfacing <br />of the Premises. <br />B. In the event of damage or destruction of any of the Parking Facilities, <br />which are a part of the Premises, which. in the opinion of City, makes the <br />continued operation of such garage uneconomical, City may terminate this <br />Agreement as to such Facility. <br />20. OPERATOR IS SOLE EMPLOYER - DUTY TO INFORM <br />Operator agrees to notify each employee of the Operator prior to the time such <br />employee begins to work at the Parking Facilities, and all unions or bargaining units <br />representing such employees, 1) that the Operator is the only employing agency and <br />employer, 2) that the City of Santa Ana is not an employer with regard to the parking <br />operation, but rather is a contractor hiring the Operator to operate the Parking Facilities in <br />accordance with the terms of this Agreement, and 3) that continued employment in <br />connection with operation of the Parking Facilities cannot be expected beyond the term <br />of this Agreement. <br />Operator agrees to inform each employee in writing of the above and to obtain a <br />signed acknowledgement by the employee of such notification. <br />21. OPERATING MANUAL <br />a. The Operator shall be responsible for developing written procedures based <br />19 <br />25D-49
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