HomeMy WebLinkAboutContracts & Agreements_153-2018MEMORANDUM OF UNDERSTANDING
Between
CITY OF REDLANDS
and
EL CAMINO RANCH, LLC.
This Memorandum of Understanding ("MOU") is made and entered into this 4"' day of
September, 2018 ("Effective Date"), by and between the City of Redlands ("City") and El
Camino Ranch, LLC, ("Ranch") located at 11363 Walnut Street, Redlands, CA, 92374. The City
and the Ranch are sometimes individually referred to herein as a "Party" and, together, as the
"Parties_"
RECITALS:
WHEREAS, during past fire events in San Timoteo Canyon, the evacuation of horses and
large animals from areas at risk of burning required a location equipped and staffed to take care
of the horses on an emergency and short-term basis; and
WHEREAS, the Yucaipa Equestrian Center C YEC") has been utilized by the City, but
required the staffing by City employees and the purchase of feed at considerable cost to the City;
and
WHEREAS, the Ranch is located in the Crafton Hills area of Redlands surrounded by
orange groves in an area less prone to wild fires than the YEC, and has facilities, including stalls,
paddocks, pastures, and arenas, that could be used to house up to one hundred (100) horses on
an emergency, short-term basis; and
WHEREAS, staffing and volunteers would be made available to feed, water, and care for
the horses on a short-term basis. El Camino Ranch, LLC, also has a licensed dog boarding
facility that could be utilized if the City animal shelter reached capacity;
NOW, THEREFORE, in consideration of the mutual promises contained HEREIN, THE
City and the Ranch agree as follows:
Section 1. Purpose: The purpose of this MOU is to establish the terms and conditions
under which the Parties agree to utilize El Camino Ranch, LLC, as a location for short-term
boarding of horses and dogs in the event of an emergency.
Section 2. Tenn and Termination: This MOU shall commence on its Effective Date and
shall continue unless terminated, with or without cause, by thirty (30) days prior written notice by
either Party, to the other Party, specifying a termination date.
Section 3. Obligation of the Parties: The Ranch shall provide locations where horses and
dogs can be brought on an emergency basis. Given the number of horses both already on the
property or brought in for emergency housing, the horses may be housed in individual stalls or
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paddocks, or may be housed in groups in pastures or arenas. Horses would be screened based on
their temperament and perceived compatibility with other animals. Feed in the form of alfalfa will
be provided in a quantity appropriate for the weight and nutrition needs of each animal. Water
will be made available at all times (a large metal storage tank is on the property). The City agrees
to pay the cost of boarding and caring for the animals in accordance with the fees described in
Section 6, below.
Section 4. Liability: Comprehensive General Liability insurance with carriers acceptable
to City in the minimum amount 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
is required. City shall be named as an additional insured and such insurance shall be primary and
non-contributing to any insurance or self-insurance maintained by City.
Section 5. Acts of God: Given the nature of catastrophic events that might trigger an animal
evacuation, such as a devastating earthquake, the Ranch cannot guarantee the ability for extended
care of the animals if supporting services are disrupted, such as water lines, telephone
communication, or hay transportation_
Section 6. Funding: The City shall pay the Ranch the amount of twenty dollars ($20.00)
per night per horse for the emergency care of horses, and the amount of twenty five dollars
($25.00) per night per dog for the emergency care of dogs.
Section 7. Notices: Any notice, request, or other communication to either Party by the
other as provided for in this MOU shall be given in writing, and sent by: (a) hand -delivery, (b)
first class United States mail, return receipt requested, or (c) overnight delivery service, and shall
be deemed given upon actual receipt by the addressee. Notice may also be given by facsimile or
e-mail, provided the original is sent by any manner as described above in this Section. Notices
shall be addressed as follows:
City of Redlands:
City Clerk
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
idonaldson(7a,cityofredlands.org
(909) 798-7531
Section 8. Defense and Indemnity:
El Camino Ranch, LLC:
Theresa Houchin, Managing Member
1318 Cajon St
Redlands, CA 92373
eleaminoranch(,yahoo.com
ellcoeye(aa,yaho o. com
(909) 801-0029
A. The City shall indemnify and hold harmless the El Camino Ranch and its elected
officials, officers, employees and agents (collectively, the "Ranch"), from and against any and all
liabilities, damages, costs, expenses, causes of action, claims, suits, proceedings and judgments
(collectively "Claims") which they may incur or suffer or be put to by reason of, in connection
with or arising from (i) any breach, violation or non-performance by the City of any obligation
contained in this MOU to be observed or performed by the City, or (ii) any wrongful or negligent
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acts or omissions of the City or its elected officials, officers, employees and agents which relate
to this MOU and, in such circumstances, City shall defend the Ranch Indemnified Parties (in
addition to providing indemnity). The City acknowledges and agrees that this defense and
indemnity provision shall survive any termination of this MOU.
B. The Ranch shall indemnify and save harmless the City, and its elected officials,
officers, employees and agents (collectively, the "City Indemnified Parties") from and against any
and all Claims which they may incur or suffer or be put to by reason of or in connection with or
arising from (i) any breach, violation or non-performance by the Ranch of any obligation
contained in, or relating to, this MOU to be observed or performed by the Ranch and (ii) any
wrongful or negligent acts or omissions of the Ranch or its elected officials, officers, employees
and agents which relate to this MOU and which give rise to a tortious Claim against the City and,
in such circumstances, the Ranch shall defend the City Indemnified Parties from such Claims (in
addition to providing indemnity). The Ranch acknowledges and agrees that this defense and
indemnity provision shall survive any termination of this MOU.
Section 9. Attorneys' Fees: In the event any action is commenced to enforce or interpret
the terms or conditions of this MOU 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 the use of in-
house counsel by a Party.
Section 10. Entire A eement: This MOU supersedes any and all other agreements, either
verbal or in writing, between the Parties hereto with respect to the matters contained herein. Each
Party to this MOU acknowledges and agrees that no representations, inducements, promises or
agreements, verbal or otherwise, have been made by any Party, or anyone acting on behalf of any
Party, which are not embodied herein, and that no other agreement, stipulation or promise not
contained in this MOU shall be valid or binding on either Party.
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have
signed in confirmation of this Memorandum of Understanding.
CITY OF REDLANDS EL CAMINO RANCH, LLC
B By(:) ` 10—tck,��O�)
Paul W. Foster, Mayor Theresa Houchin, Managing Member
ATTEST:
anne Donaldson, City Clerk
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