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HomeMy WebLinkAboutContracts & Agreements_48-2018CITY OF R.EDLANDS FIELD RENTAL AGREEMENT This Field Rental Agreement ("Agreement") is made and entered into this 3rd day of April, 2018 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Redlands Crush Baseball ("RCB"). City, for and in consideration of the obligations to be performed by RCB under this Agreement, hereby provides RCB with the non-exclusive use of Orangewood High School North Field (the "Premises") during the dates and times specified herein, and use of the City -owned storage container located thereat. The Premises are more particularly described in "Exhibit A," which is attached hereto and incorporated herein by this reference. City and RCB are sometimes individually referred to herein as a "Party" and, together, as the "Parties." Article 1. Term Section 1..01. The teen of this Agreement shall be for three (3) consecutive twelve (12) month periods (each period, hereinafter a "Year") commencing on its Effective Date, unless earlier terminated as provided for herein. Section 1.02. Either Party may terminate this Agreement, without cause, by providing ninety (90) days prior written notice to the other Party specifying the date for termination of this Agreement. In the event City terminates this Agreement, provided RCB is not in breach hereof, City shall refund to RCB any Rent (as defined below in Section 2.01) paid by RCB for unused Premises dates for the Year for which Rent was paid, pro -rated on a daily basis for that Year Article 2. Rent Section 2.01. RCB shall pay to City, on or before the 6" day of April, 2018, and each anniversary date thereof during the term of this Agreement (the "Due Date"), the sum of five thousand eight hundred forty five dollars ($5,845) as rent (the "Rent") for the Premises for each Year of this Agreement. Section 2.02. RCB may request reservation of the Premises, and the nearby Orangewood High School South Field, for additional times and dates not specified herein, at the rate of twenty dollars ($20) per hour if field lights are utilized, and ten dollars ($10) per hour if field lights are not utilized, at least a fourteen (14) day prior written request for the same to City ("Reservation Fees"). Payment of Reservation Fees shall be made due within thirty (30) of the date of City's invoice to RCB for the same. Section 2.03. With the prior written consent of the Redlands Unified School District ("RUSD"), the fee owner of the Premises, RCB may choose to perform improvement work for the Premises which may subsequently be credited against RCB's payment of Rent for the then -current I:1ca1djmlAgrcements\Redlands Crush - Field Rcntal Agrcement.docx Year ("Improvement Work") as more particularly described in "Exhibit B" which is attached hereto and incorporated herein by this reference. RCB shall provide written notification to City no less than fourteen (14) days prior to RCS's commencement (the "Commencement Notice") of any Improvement Work, and written notification to City no more than fourteen (14) days after RCS's completion (the "Completion Notice") of such Improvement Work. City shall inspect any completed Improvement Work within thirty (30) days of receipt of RCB's Completion Notice and provide written confirmation that the Improvement Work has been performed in accordance with this Agreement Services"), or provide a detailed explanation if the Improvement Work is not accepted by City. RCB shall submit copies of the Receipt of Services on the Due Date of each year. The value of the Improvement Work may be credited against Rent, in an amount not to exceed Three Thousand Dollars ($3,000) per Year, as described in "Exhibit C" which is attached hereto and incorporated herein by this reference. Section 2.04. If a payment of Rent or Reservation Fees is not postmarked and received by City by their respective Due Dates as provided herein, such payment shall be considered late, and RCB shall be assessed a late fee of ten percent (10%) of the amount due, prorated on a daily basis, for each month or partial month such payment is late. Article 3. Use of Premises Section 3.01. The Premises shall be used by RCB for the sole purpose of conducting youth baseball programs, which shall at all times be done in a safe and business -like manner. RCB shall have use of the Premises on Monday through Thursday between the hours of 5:15 p.m. — 8:15 p.rn. in accordance with the following schedule: Usage Opening Date Closing Date Fall[Winter September 15 December 15 Spring/Summer January 15 July 15 Article 4. Field Maintenance and Preparation Section 4.01. RCB shall be responsible for all trash cleanup, the emptying of trash bins, and the hauling off of trash, during the dates RCB uses the Premises. RCB shall keep all vehicles off turf and fields whenever possible. Should a vehicle be necessary to drive onto the fields, a light -weight scooter -type vehicle may be used. All maintenance and preparation work may be performed on site upon prior approval of the RUSD. Section 4.02. In performing any Improvement Work, RCB shall comply with all applicable federal, state and local laws, including but not limited to any applicable provisions of the California Labor Code, as may be required by RUSD, who is the owner of the Premises. City makes no 2 I:lcaldjin\Agreenients\Rcdlands Crush - Field Rental Agreemcnt.dom representation to RCB as to whether any Improvement Work constitutes a "Public Work" as that teen is defined by California Labor Code section 1720, and RCB acknowledges and agrees that RCB shall be solely responsible and liable for the determination of whether such work constitutes a "Public Work." RCB acknowledges and agrees that City is not an awarding authority for any contract entered into by RCB for any Improvement Work, nor is City otherwise undertaking any "Public Work" for purposes of California Labor Code section 1781. RCB shall defend, indemnify and hold harmless City and its elected officials, officers and employees from and against any and all losses, damages, costs, claims, causes of action and liability based upon any assertion that City, RUSD or RCB has failed to comply with any applicable provision of the California Labor Code in connection with RCB's undertaking of Improvement Work. This Section 4.02 shall survive any termination or expiration of this Agreement. Article 5. Indemnity and Insurance Section 5.01. RCB 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 RCS's negligent acts or omissions, and the willfiil misconduct of RCB, and that of RCB's agents, employees and invitees, during KCB's occupation and use of the Premises during the term of this Agreement. This section shall survive any termination or expiration of this Agreement Section 5.02. RCB 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. RCB shall provide City with a certificate of insurance and endorsements evidencing City as an additional insured on the policy prior to KCB's use and occupancy of the Premises. Such insurance shall be primary with respect to City and non-contributory to any insurance or self-insurance maintained by City. The policy shall specify that, before amending or canceling the policy, the issuing insurance company shall give City at least thirty (30) days prior written notice. City and RCB acknowledge and agree that the insurance required of RC is subject to annual review by City and subject to increases in the amount and scope of coverage, as reasonably determined by City. Article 6. Assignment Prohibited Section 6.01. This Agreement is personal to RCB. RCB shall not encumber, assign, sublease or otherwise transfer this Agreement, or any right or interest therein, without the prior written consent of City. Any such encumbrance, assignment, sublease or transfer without such prior written consent of City shall constitute an immediate breach of this Agreement and may, notwithstanding any other provision of this Agreement and at the sole discretion of City, result in the immediate termination of this Agreement. I:Icaldjm\Agrcements\Redlands Crush - Field Rental Agreement.docx Section 10.02. If any provision of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, this Agreement shall otherwise remain in full force and effect and shall be construed in all respects as if such invalid or unenforceable provision was omitted, Executed as of the 3rd day of April, 2018, at Redlands, California CITY OF REDLANDS ��L�9�i1St1.) Paul W. Foster, Mayor ATTEST: Donaldson, City Clerk REDLA RUSH BASEBALL Clint Toth, President S I %ca\djm\Agreements\Redlands Crush - Field Rental Agreement.docx (- hed(ands Orangewood High School Fields w _ s �L — _ 5 "ACriv7tur�Ya�res" o u goo wa15680ranpovrnalFkids Al.,6 20, 2018 �••+ Exhibit "B" Improvement Work Cleaning and removing all dirt from stands and dugout Remove all dirt and debris from bleacher stand and dugout areas. Spraying the outfield foul line in grass area Striping the foul lines along the field perimeters Heavy and light drag purchase Purchase of a heavy and light drag to drag entire infield clay area. Cutting -in grass line from infield to outfield Re-establish the infield to outfield border Quad rental to maintain the infield Rent Quad to drag and assist with infield maintenance Base anchors for 60'; 55'; and 70' Replace anchors for bases Bullpen Pitcher mound Restore pitcher's mound with red brick clay Repainting of wood and replacement of backboards in infield Identify wooden backboard planks that are in need of replacement. Repaint entire wooden area of the backstop Bringing in clay and leveling infield Replenish and grade red brick clay within the infield area 7 I:1ca\djm\Agrcemcnts\Rcd1ands Crush - Field Rental Agrecinent.doux Exhibit "C" Value of Work Cleaning and removing all dirt from stands and dugout Spraying the outfield foul line in grass area Heavy and light drag purchase Cutting -in grass line from infield to outfield Quad rental to maintain the infield Base anchors for 60'; 65'; and 70' Bullpen Pitcher mound Repainting of wood and replacement of backboards in infield Bringing in clay and leveling infield L•1ca\djmlAgreensents\Redlands Crush - Field Rental Agreement.doex $ 250.00 $ 300.00 $ 429.00 $ 450.00 $ 500.00 $ 1,200.00 $ 2,000.00 $ 2,000.00 $ 3,500.00