|
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 />1.
<br />For purposes of this Agreement, the following meanings shall apply:
<br />A. "Premises" shall initially mean Parking Garages A, B, C, and D, along
<br />with Surface Parking Lot #1, used interchangeably with the term "Parking
<br />Facilities" (see Exhibit A, attached hereto and incorporated herein),
<br />Additional Premises may be added by the City during the term hereof.
<br />B. "City" shall mean the City of Santa Ana, California, a charter city and
<br />municipal corporation.
<br />C. "Contract Administrator" shall mean the City Manager or his/her
<br />designee; the person on City staff that is appointed to be the contact
<br />person with regard to this Agreement.
<br />D. "Fiscal Year" shall mean January I through December 31.
<br />E. "Gross Revenue" shall mean the total amount of all parking receipts,
<br />admission, rentals, and other fees of any nature or kind charge, received,
<br />or collected by Operator in the course of operating the Premises, whether
<br />such monies are received at the Premises or elsewhere.
<br />F. "Hazardous Materials" shall mean any and all (a) substances, products,
<br />by- products, waste, or other materials of any nature or kind whatsoever
<br />which is or becomes listed, regulated or addressed under an
<br />Environmental Law, and (b) any materials, substances, products, by-
<br />products, waste, or other materials of any nature or kind whatsoever
<br />whose presence in and of itself or in combination with other materials,
<br />substances, products, by- products, or waste may give rise to liability under
<br />any Environmental Law or any statutory or common law theory based on
<br />negligence, trespass, intentional tort, nuisance, strict or absolute liability
<br />or under any reported decisions of any state or federal court; and (c) any
<br />substance, product, by- product, waste, or any other material which may be
<br />hazardous or harmful to the air, water, soil, environment or affect
<br />industrial hygiene, occupational, health, safety and/or general welfare
<br />conditions, including without limitation, petroleum and /or asbestos
<br />materials, products, by- products or waste.
<br />
|