HomeMy WebLinkAboutContracts & Agreements_82-2014 FUNDING AGREEMENT
This funding agreement ("Agreement") is made and entered into this 201 day of May,
2014, by and between the City of Redlands, a municipal corporation (hereinafter "City") and
Hangar 24 Charities, a non-profit organization (hereinafter "Applicant") City and Applicant are
sometimes individually referred to herein as a"Party" and, together, as the "Parties."
RECITALS
WHEREAS, Hangar 24 Charities is the applicant and sponsor("Applicant") for a
proposed two-day 2014 Hangar 24 Air Fest event(the "Airshow") at City's Municipal Airport,
and
WHEREAS, City proposes to provide certain services for Applicant in connection with
the proposed Airshow; and
WHEREAS, by executing this Agreement, Applicant expressly agrees to pay one-half of
all "hard" costs and expenses City has incurred in connection with Applicant's Airshow at City's
Municipal Airport,
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Hangar 24 Charities agree as follows
AGREEMENT
Section 1 Fundine Obligation Within fifteen (15) calendar days of the date of written
request of City, Applicant shall pay to City a sum equivalent to one-half of City's "hard" costs
and expenses incurred for providing services to Applicant's Airshow. All amounts not paid when
due shall be subject to a late-payment charge of ten percent (10%) of the unpaid amounts
Section 2. Notices All notices given pursuant to this Agreement shall be in writing and
may be given by personal delivery or by mail Notices sent by mail shall be addressed as
follows
C11Y Applicant
Fred Cardenas Cathy Grennan
Quality of Life Director Executive Director
City of Redlands Hangar 24 Charities
35 Capon St 1939 W. Park Ave.
PO Box 3005 Redlands, CA 92373
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
In all other instances, notices shall be deemed given at the time of actual delivery Changes may
be made in the names and addresses of the person to whom notices are to be given by giving
notice pursuant to this Section.
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Section 3 Attornevs' Fees In the event any action is commenced to enforce or interpret
any of the terms or conditions of this Agreement the prevailing Party shall, in addition to costs
and any other relief, be entitled to recovery of its reasonable attorneys' fees, including fees for
use of in-house counsel by a Party.
Section 4 Entire Agreement/Amendment This Agreement represents the entire
agreement and understanding between the Parties as to the matters contained herein, and any
prior negotiations, proposals, or verbal or written agreements regarding the same are superseded
by this Agreement Any amendment to this Agreement shall be in writing, approved by the City
Council of City and signed by authorized representatives of City and Applicant
Section 5 Governing Law This Agreement shall be governed by and construed in
accordance with the laws of the State of California
Section 6 Defense and Indemnity Applicant shall defend, indemnify and hold harmless
City, and its elected officials, officers, employees and agents, from and against any and all
actions, claims, demands, lawsuits, losses and liability for damages to persons or property,
including costs and attorneys' fees,that may be asserted or claimed by any person, firm, entity,
corporation, political subdivision or other organization arising out of or in connection with
Applicant's undertaking of the Airshow, except that the indemnity and defense provided for in
this Section shall not apply to any liability resulting from the sole negligence or fault of City, its
officers, agents, employees, or separate contractors, and in the event of joint and concurrent
negligence/breach of both Applicant and City, responsibility and indemnity, if any, shall be
apportioned in accordance with the law of the State of California, without waiving any
governmental immunity available to City under California law and without waiving any defenses
of the Parties under California law The provisions of this Section are solely for the benefit of
the Parties to this Agreement and are not intended to create or grant any rights, contractual or
otherwise,to any other person or entity The provisions of this Section 6 shall survive any
termination of this Agreement
Section 7 Venue In the event that any legal action should be filed by either Party
against the other,the venue and forum for such action shall be the Superior Court of the State of
California for the County of San Bernardino or in the Federal District Court for the Central
District of the State of California
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
date first written above
CITY OF REDLANDS HANGAR 4 CHARITIES
B � � B
Pete Aguilar, Mayor C y Grinnan, Executive Director
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ATTEST
Sam Irwin, ierk
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