HomeMy WebLinkAboutContracts & Agreements_246-2017 fi
FACILITY USE AGREEMENT
This Facility Use Agreement("Agreement") is made and entered into this 5th day of
December,2017, ("Effective Date"), by and between the City of Redlands, a municipal
corporation("City") and the Sons of Nomray. a Fraternal Benefit Society, Soldalen Lodge 6-67
("SON") City and SON are sometimes individually referred to herein as a "Party"and,together,
as the "Parties"
ARTICLE l PREMISES
1 1 City agrees to permit SON to use multi-purpose room and kttchen in the Jofilyn Senior
Center, located at 21 Grant Street, Redlands. California (the "Premises") on the terms and
conditions hereinafter set forth
ARTICLE 2 TERM
2 1 This Agreement shall be for a tern of three (3) years, unless earlier terminated as
provided for herein
ARTICLE 3 FEE
3 1 Except as provided in Section 4 2 below, City will provide facility reservations at no charge to
SON as SON is a Group 2 User Group (Registered nonprofit or charitable groups'A ith registered
nonprofit status with the State of California,complete with tax exempt identification number
Proof of non-profit status is required Facility reservations must offer free membership and be
open to the general public)
ARTICLE 4 USE OF PREMISES
4 1 The Premises shall be used for the exclusive purpose of operating the SON Programs and
events SON will offer cultural activities based on Norwegian heritage programs for the
community SON shall not use or permit the Premises to be used for any other purpose
without the written consent of City
Operation of Business
42 During the term of this Agreement, SON shall only conduct business of the type and
nature specified in Section 4 1 of this Agreement on the Premises, and in a safe and
business-like manner The Premises shall be used only for the time and dates approved
for SON as identified on City's Facility Rental form In the event that scheduling
modifications are necessary, SON shall make a forty-five (45)day advance schedule
change request to City indicating the proposed modification City shall respond to such
requests within two (2)weeks of receipt City may charge SON rent to the amount of
Fifty One Dollars (S51 00)per reservation foi any scheduling changes made by SON
without the aforementioned forty-five (45) day notice SON shall assume full
responsibility for its personal property used at the Premises, and shall hold City harmless
for any theft or damage relating to SON's personal property
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User Responsibility
43 SON shall be solely responsible for any set-up and cleaning associated with is use of the
Premises, and shall maintain the Premises in a clean and litter free manner SON shall be
issued keys and alarm code to the facility and shall be responsible for opening and
closing the building and operating the alarm system All locks, keys, and access codes are
sole property of City City reserves the right to change locks, keys and access codes as
needed No lock shall be replaced on the interior or exterior of the Senior Center without
the written permission of City's Quality of Life Director All keys, access codes, and
access cards must be returned to City upon tennination of this Agreement
44 SON shall not commit, or perinit the commission of, any acts on the Premises, or use of
pen-nit the 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 SON, shall, at its own cost and expense,
maintain insurance for all personal property and improvements on the Premises
Waste or Nuisance
45 SON shall not commit, or permit the commission by others, of any waste on the
Premises SON shall not maintain, commit or permit the maintenance or commission of
any nuisance on the Premises, and SON Ball not use or pen-nit the use of the Premises for
any unlawful purpose
ARTICLE 5 COMPLIANCE WITH LAWS
5 1 SON shall, at SON's sole cost and expense comply with all statues, ordinances,
regulations and requirements of all governinental entities, federal, state and county or
municipal, relating to SON's use and occupancy of the Premises for SON's operation of
business whether those statutes ordinances,regulations and requirements are now in
force or are subsequently enacted The judgement of any court of competent jurisdiction,
or the adinission by SON in a proceeding brought against SON by any government entity
that SON has violated any such statute, ordinance, regulation or requirement shall be
conclusive as between City and SON and shall constitute grounds foi termination of this
Agreement by City
ARTICLE 6 INDEMNITY AND INSURANCE
61 SON shall secure and maintain throughout the Cerin of this Agreement the following
types of insurance
A Comprehensive general liability insurance, with carriers acceptable to City,with
minimum coverage of One Million Dollars ($1,000,000)per occurrence, and Two
Million Dollars ($2,000,000) aggregate for public liability,property damage and personal
injury City shall be names as an additional insured and such insurance shall be primary
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and non-contributing to any insurance or self-insurance maintained by City A certificate
of insurance with endorsements evidencing such coverage shall be provided to City prior
to SON s occupancy of the Premises
B Workers' Compensation and Employer's Liability insurance in the amount that
meets statutory requirements with an insurance carrier acceptable to City, or certification
to City that SON is self-insured or exempt from the worker's compensation laws of the
State of California SON shall provide City with Exhibit"A," entitled"Workers'
Compensation Insurance Certification,"which is attached hereto and incorporated herein
by this reference prior to occupancy of the Premises
C SON shall defend, indemnify and hold Harmless City, and its elected officials,
officers, employees, agents, and volunteers, from any and all liabilities for injury to
persons and damage to property arising out of any act or omission of SON, or its officers,
employees, agents or volunteers, in connection with operation of its business at the
Premises
ARTICLE 7 TAXES AND UTILITIES
7 1 City shall pay, and hold SON free and harmless from, all chaiges for the furnishing of
gas, water, sewer, electricity, solid waste disposal and othei public utilities provided to
the Premises during the tern of this Agreement SON shall pay, and hold City free and
harmless from, all charges for telephone usage by SON at the Premises
ARTICLE 8 MISCELLANEOUS
8 1 SON shall not encumber, assign, or otherwise transfer this Agreement, any right or
interest in this Agreement, or any right or interest in the Premises or any improvements
that may now or hereafter be constructed or installed on the Premises Any encumbrance,
assignment.transfer or subletting by SON without the prior written consent of City,
whether voluntary or involuntary, by operation of law or otherwise, is void and shall, at
the option of the City, result in immediate termination of this Agreement
82 Except as otherwise expressly provided by law, any and all notices or other
coininunications required of permitted by this Agreement or by law to be served on or
given to either Party to this Agreement by the other 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 Sons of Norway, Soldalen Lodge 6-
67 at 428 S Center St, Redlands, CA 92373 or to City at 35 Capon Street, Suite 222, PO
Box 3005, Redlands, CA 92373 SON and City may change their respective addresses for
the purpose of this section by giving written notice of that change to the other Party in the
manner provided in this section
83 This Agreement constitutes the entire agreement between City and SON respecting
SON's use of the Premises, and correctly sets forth the obligations of City and SON to
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each other as of its Effective Date Any agreements or representations between the Parties
respecting the.Premises not expressly set forth in this Agreement are null and void
84 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, including fees for use of in-
house counsel by a Parry
8 S This Agreement may be terminated by either Party by giving ninety(90) days prior
written notice to the other Party
CITY OF REDLANDS SONS OF NORWAY
SOLDALEN LODGE 6-67
Paul W Foster, Mayor Melanie Hendrickson, Lodge Vice President
ATTEST
knne�o-�rl�t-�Donaldson, City Clerk
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EXHIBIT "A"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self-insure either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement (Labor Code §186 1)
I affirm that at all tines, in performing the work and activities required or pennitted under
XiisAUeement,
I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California However,at any time, if I employ any person such that
I become subject to the workers' compensation laws of California,immediately I shall provide the
City with a certificate of consent to self-insure, o; a certification of workers compensation
insurance
I certify under penalty of penury under the laws of the State of California that the information and
representations made in this certificate are true and correct ]
Sons of Norway Date l Z f GI/l
By-0'04,44'Aaed,-
Melanie Hendrickson
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