The URL can be used to link to this page

Home My WebLink AboutCarlsbad Community Church; 1991-03-20;May 13, 1991 Dr. J. D. Colling Carlsbad Community Church 3175 Harding Street Carlsbad, CA 92008 RE: RECIPROCAL PARKING AGREEMENT BETWEEN ?'HE CARLSBAD HOUSING AN REDEVELOPOMENT COMMISSION AND THE CARLSBAD COMMUNITY CHURCI The Housing and Redevelopment Commission at its meeting of April 23, 1991 adopte Resolution No. 189, approving a reciprocal parking agreement between the Carlsba Housing and Redevelopment Commission and the Carlsbad Community Church. Enclosed for your records is a fully executed original agreement as well as a copy ( Resolution No. 189. gd G2zJ LINDA COTA Secretary Encs. 1200 Carisbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-280 ~ > t 0 0 RECIPROCAL PARKING AGREEMENT BETWEEN THE CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION AND CARLSBAD COMMUNITY CHURCH THIS AGREEMENT, made and entered into as of the 20thday of March , 1991, by and between the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, a municipal corporation, hereinafter referred to as "COMMISSION", and CARLSBAD COMMUNITY CHURCH, hereinafter referred to as "COMMUNITY CHURCH". RECITALS WHEREAS, COMMUNITY CHURCH requires the use of COMMISSION'S existing parking facilities at COMMISSION'S Carlsbad Senior Center, hereinafter referred to as "SENIOR CENTER", located at 799 Pine Avenue, Carlsbad, California, 92008, and as delineated in attached Exhibit "A" incorporated by reference and made a part hereof, to enable COMMUNITY CHURCH'S members to park during church services; and WHEREAS, COMMISSION requires the use of COMMUNITY CHURCH'S existing parking facilities, hereinafter referred to as "HARDING PARKING LOT", located at the southeast corner of Oak Street and Harding Street, Carlsbad, California, 92008, and as delineated in attached Exhibit "B" incorporated by reference and made a part hereof, to enable general public parking during specified special events; and 1 7 0 0 WHEREAS, it is the desire and intention of the parties to this agreement to enter into a reciprocal parking agreement for the benefit of lboth COMMISSION and COMMUNITY CHURCH. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, COMMISSION and COMMUNITY CHURCH hereby agree as follows: 1. COMMISSION shall make available for COMIVIUNITY CHURCH’s use COMMISSION’S existing parking lot totaling 135 parking spaces located at its existing SENIOR CENTER. COMMUNITY CHURCH shall have the right to utilize all 135 parking spaces contained in said SENIOR CENTER parking lot during all Sunday services to be conducted at COMMUNITY CHURCH’s facilities. For the purposes of this agreement, COMMUNITY CHURCH’s Sunday services are conducted during the hours of 7:OO a.m. through 1:OO p.m. COMMISSION reserves the right to utilize its SENIOR CENTER parking lot, if, during the course of this agreement, COMMISSION requires use of its SENIOR CENTER parking lot at a date and time conflicting with COMMUNITY CHURCH’s use of COMMISSION’S SENIOR CENTER parking lot as stated herein, in which case, COMRMSSION shall provide COMMUNITY CHURCH with fourteen (14) calendar days advance notice. 2 0 0 2. COMMUNITY CHURCH shall have the right to utilize all 135 parking spaces contained in said SENIOR CENTER parking lot at times other than during COMMUNITY CHURCH’s Sunday services when not in conflict with SENIOR CENTER operations and use and with the prior approval of COMMISSION. For the purposes of this section, COMMUNITY CHURCH shall contact COMMISSION at its SENIOR CENTER no later than fourteen (14) calendar days in advance of the date required by COMMUNITY CHURCH to utilize said SENIOR CENTER parking lot for COMMUNITY CHURCH activities other than those identified in Section 1 above. COMMISSION shall consider COMMUNITY CHURCH’s request under this section, the approval of which shall not be unreasonably withheld. 3. COMMISSION shall have the right to utilize all 87 parking spaces contained in said HARDING PARKING LOT for general public parking during specified special public events when not in conflict with COMMUNITY CHURCH’s operations and use and with the prior approval of COMMUNITY CHURCH. For the purposes of this section, COMMISSION shall contact COMMUNITY CHURCH no later than fourteen (14) calendar days in advance of the date required by COMMISSION to utilize said HARDING PARKING LOT for general public parking. COMMUNI’IY CHURCH shall consider COMMISSION’S request under this section, the approval of which shall not be unreasonably withheld. If, during the course of this agreement, COMMUNITY CHURCH requires use of its HARDING PARKING LOT 3 0 0 at a date and time conflicting with COMMISSION’S use of COMMUNITY CHURCH’s HARDING PARKING LOT as stated herein, COMMUNITY CHURCH shall provide COMMISSION with fourteen (14) calendar days advance notice. 4. For the purposes of this agreement, notice between the parties shall be made as follows: CARLSBAD HOUSING AND Carlsbad Senior Center Attn: Business Administrator Attn: Program Coordinator Carlsbad, California 92008 Carlsbad, California 92008 CARLSBAD COMMUNITY CHURCH REDEVELOPMENT COMMISSION 3175 Harding Street 799 Pine Avenue (619) 729-2331 (619) 434-4127 5. This agreement shall extend for a period of ten (10) years from the date thereof. The agreement may be extended for additional two (2) year periods or parts thereof, based upon satisfactory performance and COMMUNITY CHURCH’s and COMMISSION’S needs. 6. In the event of COMMUNITY CHURCH’s or COMMISSION’S failure to prosecute, deliver, make available, maintain, or otherwise perform the terms and conditions of this agreement, COMMUNITY CHURCH or COMMISSION may terminate this agreement for non-performance by notifying the other party, by certified mail, of the termination. Within thirty (30) calendar days thereafter, 4 0 0 COMMUNITY CHURCH and COMMISSION shall cease use of the respective parking lots identified above. For the purposes of this section, cancellation shall be the exclusive remedy and no suit for damages or specific performance shall arise. 7. The parties to this agreement hereby agree to maintain, repair, renovate, fix, and otherwise operate the parking lots over which they exercise ownership as previously described herein for the duration of this agreement. The parties to this agreement hereby agree to be solely responsible for their respective maintenance responsibilities stated herein at no cost to the other party. The respective parking lots shall be maintained and operated in a safe and efficient manner, and in conformance with the purpose for which they are intended. 8. The parties to this agreement hereby agree to reimburse each other for damages and necessary repairs caused by accident, vandalism, improper use, or other losses caused or affected during the use of the other parties’ respective parking lots and appurtenances. 9. COMMISSION, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatsoever, nor for personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omissions, of COMMUNITY CHURCH or COMMUNITY CHURCH’S agents, employees, or representatives. 5 0 0 COMMUNITY CHURCH agrees to defend, indemnify, and save free and harmless COMMISSION and its officers and employees against any of the foregoing claims, liabilities, penalties or fines, including liabilities or claims by reason of alleged defects in CHURCH’S parking facility construction, maintenance, or operation, and any cost, expense or attorney’s fees which are incurred by COMMISSION on account of any of the foregoing. 10. COMMUNITY CHURCH, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatsoever, nor for personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omissions, of COMMISSION or COMMISSION’S agents, employees, or representatives. COMMISSION agrees to defend, indemnify, and save free and harmless COMMUNITY CHURCH and its officers and employees against any of the foregoing claims, liabilities, penalties or fines, including liabilities or claims by reason of alleged defects in COMMISSION’S parking facility construction, maintenance, or operation, and any cost, expense or attorney’s fees which are incurred by COMMUNITY CHURCH on account of any of the foregoing. 11. Neither COMMUNITY CHURCH nor COMMISSION shall, following the execution of this agreement, assign, encumber, develop, build upon, convert, or otherwise operate their respective parking facilities for other than the intended and 6 0 e stated purpose in this agreement or any part thereof without the prior written consent of the other party. 12. Subject to the provisions of Sections 9 and 10 of this agreement, all terms, conditions, and provisions hereof, shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 13. This agreement shall be effective on and from the day and year first above written. 14. COMMUNITY CHURCH shall obtain and maintain policies of general liability insurance and a combined policy of worker‘s compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 90-96 in an insurable amount of not less than one million dollars ($1,000,000) each. This insurance shall be in force during the life of this agreement and shall not be canceled without thirty (30) days prior written notice to COMMISSION sent by certified mail. COMMISSION shall be named by COMMUNITY CHURCH as an additional insured on COMMUNITY CHURCH’S insurance policy. 7 0 0 15. COMMISSION is a self-insured municipal corporation under the general laws of the State of California and as such shall not be obligated to provide COMMUNITY CHURCH with copies of insurance policies. 16. Following execution of this agreement by the parties, COMMISSION shall cause same to be recorded in the offices of the San Diego County Recorders Office. CARLSBAD COMMUNITY CHURCH CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, a municipal corporation of the State of (print name here) TveSidew t- Chairman (title and organization of signatory) ATTEST: Corporation) i --*/-T-- --y a 1 1-1-y ' i \<+,NO- -\. z \ RANOND R. PATCHETT Seckary PROVED AS TO FORM 8 e I. ~XHIBIT \\A// HARDING STREET CARLSBAD SENIOR CENTER PARKING L HARDING STREET c CARLSBAD COMMUNITY CHURCH .. 0 W .. STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) IsS ) On March 19, 1991, before me, R. THOMAS WOOD, personally appeared J. D. COLLING, M.D. and KARIN L. YOUNG, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Notary Public 5 : NOTARY. CCC