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HomeMy WebLinkAboutContracts & Agreements_153-2017 CITY OF REDLANDS FIELD RENTAL AGREEMENT This Field Rental Agreement("Agreement") is made and entered into this 18th day of July, 2017 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Junior All American Football("JAAF") City, foi and in consideration of the obligations to be performed by JAAF under this Agreement, hereby rents to JAAF the following Fields 1 through 4, lighting and snack bai facilities located within City's Community Park, and use of flood lights located at Clement Middle School football field (the `Premises") The City and JAAF are sometimes individually referred to herein as a "Party" and, together, as the "Parties " Term Section 1 The term of this Agreement shall be one year(the "Initial Term") commencing on its Effective Date, unless terminated earlier by City or JAAF by providing thirty (30) days written notice of such termination to the othei Party JAAF shall have the option to extend the .Initial Term of this Agreement for two (2) successive one (1) year terms (each, a "Renewal Term) on the same teams and conditions as this Agreement JAAF may exercise such option by providing not less than thirty(30) days written notice to City prior to the expiration of the Initial Term of the Agreement, or the then-expiring Renewal term of this Agreement The Initial Tenn and any Renewal Terms are collectively referred to herein as the Tenn of this Agreement Rent Section 2 JAAF shall perform field maintenance work in lieu of payment of rent for the Premises The value of the specific field maintenance work performed by JAAF shall be determined by City, and shall total a minimum of Six Thousand Five Hundred Dollars ($6,500) per successive twelve month period during the Term of this Agreement If payment is not received or postmarked by the payment due date, payment will be considered late The late fee is Fifty Dollars ($50 00) every seven days the payment is not received Copies of receipts and supporting documents evidencing the field maintenance work by JAAF shall be submitted to City by January 31st for the previous calendar year during the Term of this Agreement at the office of City at I I I W Lugonia Avenue, Redlands, California Permitted Use Section 3 The Premises shall be used by JAAF for the sole purpose of conducting youth football programs JAAF shall, conduct its youth football programs in a safe and business-like manner The Premises may be used at the discretion of JAAF for practices and games, provided, however, that the dates requested for use have been approved in writing and calendared by City prior to such use JAAF will continue to utilize the lights at Clement Middle School JAAF agrees 1 JAAF Field Rental Agreement 2017 to maintain and be responsible for flood lights located at Clement Middle School when being used, and be solely responsible for the cost of electricity when in use by JAAF Section 3.1 JAAF shall have primary use of the Premises from June 15th through December 3lst The fields will be used by JAAF from 6 00am to 10 OOprn Monday through Friday, from 6 00arn to 6 OOpm on Saturdays, and from 6 OOam to 1 OOpm on Sundays JAAF shall make a mimmum forty-five (45) day advance schedule request to City indicating the proposed times of usage City shall respond to such requests within two (2)weeks of receipt City may charge JAAF rent in the amount of Ten Dollars ($10 00) pel field, per hour, for any scheduling changes made by JAAF without the aforementioned forty-five (45) day notice Requests fol additional field use shall be submitted, in writing, to City forty five (45) days prior to JAAF's intended date of use Field Maintenance and Preparation Section 4 City shall provide routine maintenance and preparation to the Premises, which is defined for the purpose of this Agreement as watering of the fields, repair and maintenance of existing park sprinkler systems, mowing and general maintenance JAAF agrees to maintain the Premises to include debris/trash pickup, and JAAF shall provide the City with their field use schedule Such routine and preparation maintenance services shall be performed in accordance with City's current field maintenance schedule Section 4.1. JAAF shall be responsible for all trash clean up, emptying of trash service bins, and hauling off of trash JAAF shall provide specialized maintenance of the Premises,which is defined for the purpose of this Agreement as fertilization, annual sodding and/or seeding to replenish worn areas, specialized field sprinkler maintenance to ensure propel water distribution, leveling/smoothing of low spots or worn areas and repair, and maintenance of lights and lighting equipment JAAF shall keep all vehicles off turf and fields whenever possible Should a vehicle be necessary to drive onto fields, a light-weight scooter-type vehicle may be used Additional maintenance and preparation work may be performed on site upon prior approval of City Snack Bar Facilitv and Operations at Community Park Section 5 City owns the snack bar facility at Community Park JAAF will be responsible for the maintenance of the facility and appliances JAAF shall maintain a health permit from the County of San Bernardino JAAF may utilize snack bar facility during their permitted use of the Premises from June 15th through December 31" JAAF shall not commit, or permit the commission, of any acts or use of the Premises, in any manner that will increase the existing rates for, or cause the cancellation of, any fire, liability, or other insurance policy insuring the Premises or the improvements on the Premises Waste or Nuisance Section 6. JAAF shall not commit, or permit the commission by others of, any waste on the Premises JAAF shall not maintain, commit or permit the maintenance or commission, of any 2 JAAF Field Rental Agreement 2017 nuisance on the Premises, and JAAF shall not use or permit the use of the Premises foi any unlawful purpose Comnhance with Laws Section 7 JAAF shall comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county and municipal, relating to JAAF's use of the Premises whethei those statutes, ordinances,regulations, and requirements are now in force of are subsequently enacted The judgment of any court of competentlurisdiction,or the admission by JAAF in a proceeding brought against JAAF by any governmental entity, that JAAF has violated any such statute,ordinance,regulation or requirement shall be conclusive as between City and JAAF and shall constitute grounds for immediate termination of this Agreement by City Utilities Section S JAAF shall pay, and hold City free and harmless from, all charges fol the furnishing of electricity to storage areas, snack facilities field lighting to the Premises during the term of this Agreement JAAF shall pay to City, a deposit in an amount determined by City, fol electrical charges and maintenance prior to July 15t1i of each year Any unused portion of the deposit shall be refunded to JAAF by January 31St of the following year, of may be applied to a subsequent year upon mutual agreement by the Parties JAAF shall also contract with the City for solid waste services to secure recycling and waste service containers All fees for waste services shall be paid directly to City Notices Section 9 Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Party to this Agreement by the othei Party to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to the Party to whom they are directed, or in lieu of personal service, when deposited in the United States mail, first-class postage pre- paid, addressed to JAAF at P O Box 1703,Redlands,California 92373 or to City at PO Box 3005, Redlands, California, 92373 Either Party, JAAF or City, may change its address for the purpose of this section by giving written notice of that change to the other Party in the manner provided in this section Indemnitv Section 10 JAAF shall defend, indemnify and hold harmless City, and its elected officials, officers, employees and agents from and against any and all claims,causes of action, damages and liability resulting from the JAAF's sole negligent acts or omissions, and willful misconduct of JAAF, and its agents, employees and invitees during JAAF's occupation and use of the Premises during the Term of this Agreement 3 ]AAF Field Rental Agreement 2017 Public Liabilitv and Pror)erty Damaee Insurance Section 11. JAAF shall maintain at its own cost for the Term of this Agreement, public liability insurance in the amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate, issued by an insurance company acceptable to City JAAF shall provide City with a certificate of insurance and endorsements showing City as an additional insured on the policy prior to JAAFs use and occupancy of the Premises Such insurance shall be primary with respect to City and non-contributory to any insurance of self-insurance maintained by City The policy shall require that before amending or canceling the policy, the issuing insurance company shall give City at least thirty (30) days prior written notice City and JAAF acknowledge and agree that the insurance required of JAAF is subject to annual review by City and subject to increases in the amount and scope of coverage, as reasonably determined by City Assignment of Rights Section 12 JAAF shall not encumber, assign, sublease or otherwise transfer this Agreement, of any right of interest therein,without the prior written consent of, and approval of the terms of such assignment of sublease by, City Any such encumbrance, assignment, sublease or transfer without such prior consent and approval of City shall constitute a breach of this Agreement and may, at the sole discretion of City, result in the immediate termination of this Agreement City further acknowledges that subject to the provisions of this Agreement,JAAF shall have the right to receive payment for any assignment or sublease from the assignee of subtenant, and that JAAF may impose reasonable conditions on any assignment or sublease including, but not limited to, zn conditions relating to the provision of insurance covering JAAF and City Attornevs' Fees Section 13 In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees for use of in-house counsel by a Party Property Insurance Section 14 JAAF shall, at its own cost, maintain an insurance policy issued by an insurance company acceptable to City insuring, all fixtures, equipment, furniture and personnel City assumes no responsibility foi the loss, damage or destruction of items belonging to JAAF or others on the Premises Entire Ailreement Section 15 This Agreement constitutes the entire agreement between City and JAAF regarding the leasing of the Premises to JAAF Any prior written or oral agreements or representations 4 JAAF Field Rental Agreement 2017 s respecting the Premises or then leasing by City or JAAF not expressly set forth herein are null and void Amendments Section 16. Any and all amendments to this Agreement shall be in writing and executed by the Parties Breach and Default by JAAF Section 17 All covenants and agreements contained in this Agreement are declared to be conditions of this Agreement, and to the Term for which the Premises are hereby rented to JAAF Should JAAF fail to perform any covenant of condition contained in this Agreement and the default not be cured within ninety(90) days after written notice of the default is served on JAAF by City,then JAAF shall be in default under this Agi cement,provided,however,that if the default is one not capable of cure within such ninety(90)days, JAAF shall so notify City in writing, shall commence action to cure within such ninety (90) days and prosecute such cure diligently until completion within a reasonable time JAAF's failure to complete such cure within a reasonable time shall also constitute a default by JAAF Termination Section 19 In the event of any default of this Agreement by JAAF, in addition to any other rights or remedies City may have, City shall have the immediate right of reentry and may remove all persons and property from the Premises Such property may be removed and stored in a public warehouse or elsewhere at the cost of JAAF Further, in the event of a default of this Agreement by JAAF, City shall have the option of immediately terminating this Agreement All remedies of City under this section shall be cumulative and in addition to any other legal or equitable rights and remedies which City may have In the event of any termination of this Agreement by City, City shall pay to JAAF the then-appraised value of any capital improvements to the Premises made by JAAF during the Term of this Agreement Waiver Section 20.No waiver by either Party of any provision of this Agreement, or waiver of any breach of this Agreement, shall be deemed to be a waiver of any other provision of this Agreement, or of any subsequent breach by either Party of the same or any other provision of this Agreement Severabilitv Section 21 If any particular provision of this Agreement is held invalid or unenforceable for any reason, this Agreement shall otherwise remain in full force and effect and shall be construed in all respects as if such invalid or unenforceable provision were omitted 5 JAAF Field Rental Agreement 2017 In witness whereof, the undersigned authorized representatives of City and Junior all American Football and Cheer have executed this Agreement as of the 18'day of July 2017, at Redlands California CITY OF REDLANDS (CITY) JUNIOR ALL AMERICAN FOOTBALL AND CHEER(JAAF) Paul W Foster, Mayor Nick ssioner ATTEST J e Donaldson,City Clerk 6 IAAF Field Rental Agreement 2017