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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES NON- EXCLUSIVE OPERATING AGREEMENT <br />CLERK OF COUNCIL rOrTUBLIC PARKING GARAGES & SURFACE LOT STAFFING <br />nATR )-D,5-02 AND FIELD MANAGEMENT BETWEEN THE CITY OF SANTA ANA <br />U ` C o r1m D ` AND PARKING CONCEPTS, INC. <br />L u. C-1 C k )Y e 5 <br />This Agreement is made and entered into this 31 s' day of December 2007, by and <br />between the CITY OF SANTA ANA, a charter city and municipal corporation of the <br />State of California ( "City ") and PARKING CONCEPTS, INC. ( "Operator "). <br />W- I- T- N- E- S- S -E -T -H <br />Recitals: <br />A- 2007 -253 <br />A. City issued a Request for Proposals (RFP) for the operation of the downtown <br />parking garages and surface lots. City desires to procure adequate and efficient <br />management of certain public parking garages and surface parking lots for which <br />it has operational responsibility, which structures are currently described as <br />follows: <br />Parking Garage A: A 440 -space garage existing on the northeast corner of <br />Broadway and Third Street (201 West Third Street, Santa Ana, CA 92701). <br />2. Parking Garage B: A 700 -space garage on the south side of Fifth Street <br />between Bush and French Streets (300 E. Fifth Street, Santa Ana, CA <br />92701). <br />3. Parking Garage C: A 400 -space garage on the southwest corner of Fifth and <br />Main Streets (420 S. Main Street, Santa Ana, CA 92701). <br />4. Parking Garage D: A 400 -space garage on the northwest corner of Birch <br />and Third Streets (310 N. Birch Street, Santa Ana, CA 92701). <br />B. Operator is experienced in the operation and management of automobile parking <br />garages and surface lots, and is ready, able and willing to undertake the operation <br />and management of the above - described garages. <br />C. In undertaking the performance of this Agreement, Operator represents that it is <br />knowledgeable in its field and that any services performed by Operator under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />Wherefore, in consideration of their mutual and respective promises and subject to the <br />terms and conditions hereinafter set forth, the parties hereto do hereby agree as follows: <br />