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Home My WebLink AboutCC RESO 15,574RESOLUTION NO. 15,574 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE SAN YSIDRO HEALTH CLINIC REGARDING THE USE OF PARKING FACILITIES BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized and directed to execute that certain agreement between the City of National City and the San Ysidro Health Clinic regarding the use of parking facilities, a copy of which is attached hereto as Exhibit "A". PASSED and ADOPTED this 5th day of April, 1988. ATTEST: IOE CAMPBELL, CITY CLERK APPROVED AS TO FORM: L GEORGE H WATERS, MAYOR GEORGE H. EISER, III -CITY ATTORNEY AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE SAN YSIDRO HEALTH CENTER REGARDING USE OF PAJtING FACILITIES. ER This agreement is made this 5th day of April 1988 by and between the City of National City, hereinafter referred to as "City" and the San Ysidro Health Center, hereinafter referred to as "Clinic". RECITALS 1. The City of National City is a municipal corporation that operates the Kimball Senior Center on property abutting the intersection of 12th and D Avenue in the City of National City. (San Diego Assessor's Parcel No. 560-410-06). 2. The San Ysidro Health Center is a non profit corporation organized and existing pursuant to the laws of the State of California. 3. Center operates a health facility known as the National City Family Clinic on property across the street from the Senior Center operated by the City. (San Diego Assessor's Parcel No. 556-552-28). 4. Clinic received a variance from City which will allow Clinic to expand its use to utilize portions of its preexisting facility on conditon that Clinic obtain from the city the right to use 12 (twelve) parking spaces at the Senior Center. 5. The City has found and determined that there are more than twelve parking spaces on its Senior Center property that are not currently utlized or necessary for the Center's use. 6. The City has found and determined that the Clinic provides useful and needed services to the community as a whole, including its senior citizens. NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. Duties of City. The City shall allot 1.2 (twelve) parking spaces within the parking lot of its Kimball Senior Center for the use of Clinic patients and staff during regular business hours while the Clinic is in operation. City shall maintain parking lot. 2. Compensation. Clinic shall pay to City the sum of $100.00 per month as rent for the above allotted parking spaces. Said $100.00 per month payment shall be made on the first of each month commencing on May 1, 1988. June __ r 3. Term of Agreement. The term of this agreement shall be for ten years unless sooner terminated in accordance with the procedures set forth in Paragraphs 4 and 6 hereof. The variance previously granted by the City shall terminate upon the expiration of this agreement, except where the agreement is terminated as set forth in Paragraphs 4 and 6. 4. Termination of Agreement by City. The City may terminate this agreement at any time that it, in its sole discretion, determines that the allotted parking spaces are needed for .a public purpose. Said termination shall occur on ten days written notice to the Clinic at the address set forth below. 5. Effect of Termination by City. The Clinic will, in reliance upon this agreement, expand it uses within its existing building to provide additional services to the citizens of the City of National City at low cost. This expansion will require the expenditure of significant funds. Should the City terminate this agreement pursuant to Paragraph 4 hereof, the variance previously granted by the City shall remain in full force and effect. If this agreement is terminated due to breach on the part of Clinic, the variance previously granted shall also be terminated. 6. Termination of Agreement by Clinic. If, in the judgment of City's City Council, clinic meets its parking needs under current local ordinances without the utilization of the 12 (twelve) parking spaces that are the subject of this Agreement, then Clinic may terminate this agreement by giving 10 (ten) days written notice to City at the address set forth in paragraph 8 below. 7. Insurance and Indemnification. Clinic shall add the 12 (twelve) parking spaces to its policy of liability insurance by including said spaces within the description of the "premises" of the Clinic. Said liability policy shall include comprehensive general liability insurance, with minimum limits of $1,000,000.00 combined single limit per occurrence, covering all bodily injury and property damage arising out of this agreement. This policy shall name City and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to City, its officers, agents and employees, so that any other policies held by City shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to City of cancellation or material change. Clinic shall furnish the City with certificate of insurance and with original endorsements affecting coverage required by this clause. The certificate and endorsements for the insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate and endorsements are to be received and approved by the City before this agreement is signed. Insurance provisions of this agreement may be reviewed by the City every two years. If a required insurance coverage is provided on a "claims made" rather than "occurrence" form, Clinic shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this agreement. If Clinic does not keep insurance policy in full force and effect at all times during the term of this agreement, City may elect to treat the failure to maintain the requisite insurance as a breach of the contract and terminate the agreement as provided herein. Clinic shall indemnify, defend, and hold harmless City and its officers, agents and employees from all liability, loss, claims or actions, including defense costs, arising out of Clinic's use of City's property under this Agreement. 8. Notices. Whenever, under this agreement, notices are required to be given, they shall be given to the following persons at the following addresses. For the City of National City: Tom McCabe, City Manager City of National City 1243 National City Blvd. National City, California 92050 For the San Ysidro Medical Clinic: Mr. Gabriel Arce, Executive Director San Ysidro Medical Clinic 4380 Otay Valley Road, Suite 207 Chula Vista, California 92011 9. Recordation. This agreement shall be recorded by the City of National City. SAN YSID' MEDICAL CENTER dba NATIONA TY FAMILY CLINIC By: Mr. riel Arce, Exec tive Director CITY OF NATIONAL CITY BY: George ters, Mayor Clinic Mutual Ins Co Risk Retention Group 9-16 East Green St., #202 Pasadena. CA 91106 N S RE 1) •• . San Ysidro Health Center 4004 Beyer Boulevard San Ysidro. CA 92073 F2ECE'*7-' t.-- 11 1988. .;..LL (t/h.v,D/yy) •Citk. e".% A /ILi U.;•t..i;NLY CONFERS ;; : ; C't";1•i i; AmEND, - 11E: OW. • , Clinic Mutual in=. Co* Clinic Mutual Ins Co* 10 CES;;I--Y Tete,. Oi.if GF Lez, . Is( .E ; 'It.C; t tt •. t 1,1; II.UiCATED AN REOUIREI•-.EU1, t C - • Ci I ••• r HAY . BE ISSUED OR MAN PERTAiN, THE ;ri"; I.:i , t r ;1•, 10 CONDI TORS _ t '• CO' ; 1.-!GuSANDS 7, FE 17,1- . R GENERAL LIABIL.TY 4k-ItliS(LOPt.W;O:.E; X'P : • • X I CON:HACIiii,.. X . NOti•ENDL!.1 ' • X F4OFERT! M. PFP.SONAL INJURY ' CM00112 LIABILITY _ ANT at1r;Lr • GAM-, ;, - (-6 1‘-''',!1f ;• x rgiRfr.; •=011.• zr. x , . CM00112 • ExL-L:3S. LIAEiLr. Y C ' U'.*RELLA • GThER • ,• ' WOI,KEsis CE6SA1:01 kW) EMPLO(ES• p E OTHER f . *A11 coverages afforded by Clinic Mutual Insurance Risk Retention f Group (see addendum) • / DESCRiPTiON OF OFERATIONS/LOCATCN:,ivEk, _ . 1'''''i-Certificate holder is named as additional 01/01/BS 01/01/B9 01/0-1/88 01/01/69 1000 - 3000 $ 100 0 Dog _ . • .1'•01.Ti .: • A:A i Et.iP0.21,11t insured with respects to the operations of the insured. Tom McCabe —City Manager , City of National City 1243 National City Blvd. National City. CA 92050 V151717T-TIPTril;, gV*V0 - " 1 +0,10 14$ ...km, .14-0aalb • 4•‘, . :.r EL) i NCELLED BEFORE THE EX- 3Q . • L .1'1'1 Nk144FD 10 The. • •• . , .• . .• • LiGATION LiAbtLITY ; ; ; • / . . •