HomeMy WebLinkAboutContracts & Agreements_181-2014_CCv0001.pdf FACILITY USE AGREEMENT
This Facility Use Agreement ("Agreement") is made and entered into this 16`x' day of
September, 2014("Effective Date"),by and between the City of Redlands, a municipal
corporation("City"), and the AARP, a United States-based non-governmental
organization and interest group. City and AARP are sometimes individually referred to
herein as a "Party" and, together, as the "Parties."
ARTICLE 1. PREMISES
Section 1.01 City agrees to rent to AARP the multi-purpose room, the City the
large multi-purpose room(Auditorium), consisting of approximately 2,553 square feet,
located at 21 Grant Street at the Joslyn Senior Center, Redlands, California and the inulti-
purpose room, consisting of approximately 1848 square feet, and the small classroom,
consisting of approximately 836 square feet, located at 111 Lugonia at the Redlands
Community Center, Redlands, California(the "Premises").
ARTICLE 2. TERM
Section 2.01. This Agreement shall be for a term of three (3) years, unless earlier
tenninated as provided for herein.
ARTICLE 3. FEE WAIVER
Section 3.01. Except as provided in Section 4.02,below, City will waive the
Twenty Five Dollar($25.00) fee per hour,per room for the use of the Premises during the
tern (including renewals) of this Agreement.
ARTICLE 4. USE OF PREMISES
Section 4.01. The Premises shall be used for the exclusive purpose of providing
tax assistance to senior citizens and the driver safety program. AARP shall not use or
permit the Premises to be used for any other purpose without the prior written consent of
City.
Operation of Business
Section 4.02. During the term of this Agreement, AARP shall, unless prevented
by conditions beyond its control, conduct business of the type and nature specified in
Section 4.01 of this Agreement on the Premises in a safe and business like manner. The
Premises shall be used only for the time and dates approved for AARP as identified on
City's Facility Rental form. In the event that scheduling modifications are necessary,
AARP 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 AARP rent in the amount of Twenty Fifty Dollars
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($25.00) per hour, for any scheduling changes made by AARP without the
aforementioned forty-five (45) day notice. AARP shall assume full responsibility for its
personal property used at the Premises, and shall hold City harmless for any theft or
damage relating to AARP's personal property.
User Responsibility
Section 4.03. AARP shall be solely responsible for any set up and cleaning
associated with its use of the Premises, and shall maintain the Premises in a clean and
litter free manner.
Section 4.04. AARP shall not conunit, or pen-nit the commission, of any acts on
the Premises, or use or permit 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. AARP shall, at its
own cost and expense, maintain insurance for all personal property and improvements on
the Premises.
Waste or Nuisance
Section 4.05. AARP shall not commit, or permit the commission by others, of any
waste on the Premises. AARP shall not maintain, commit or permit the maintenance or
commission of any nuisance on the Premises, and AARP shall not use or permit the use
of the Premises for any unlawful purpose.
Compliance with Laws
Section 4.06. AARP shall, at AARP's sole cost and expense, comply with all
statutes, ordinances, regulations and requirements of all govenunental entities, federal,
state and county or municipal, relating to AARP's use and occupancy of the Premises for
AARP's operation of business whether those statutes, ordinances, regulations and
requirements are now in force or are subsequently enacted. The judgment of any court of
competent jurisdiction, or the admission by AARP in a proceeding brought against
AARP by any government entity that AARP has violated any such statute, ordinance,
regulation or requirement shall be conclusive as between City and AARP and shall
constitute grounds for termination of this Agreement by City.
ARTICLE 5. INDEMNITY AND INSURANCE
Section 5.01. AARP shall secure and maintain throughout the tenn of this
Agreement the following types of insurance:
A. Comprehensive general liability insurance, with carriers acceptable to
City, with iminimum 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 named as an additional insured and such insurance shall be
primary and non-contributing to any insurance or self-insurance maintained by City. A
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certificate of insurance with endorsements evidencing such coverage shall be provided to
City prior to AA.RP's occupancy of the Premises.
B. Workers' Compensation and Employer's Liability insurance in the amount
that meets statutory requirements, in accordance with the laws of the State of California,
with an insurance carrier acceptable to City. AARP 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. AARP 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 negligent act or omission, or willful
misconduct, of AARP, or its officers, employees, agents or volunteers, in connection with
operation of its business at the Premises.
D. City shall defend, indemnify and hold harmless AARP, and its officers,
employees, agents and volunteers, froin any and all liabilities for injury to persons and
damages to property arising out of any negligent act or omission, or willful misconduct,
of City, or its elected officials, officers, employees, agents or volunteers, in connection
with City's operation of the Senior and Community Centers.
ARTICLE 6. TAXES AND UTILITIES
Utilities
Section 6.01. City shall pay, and hold AARP free and hannless from, all charges
for the furnishing of gas, water, sewer, electricity, solid waste disposal and other public
utilities provided to the Premises during the tenn of this Agreement. AARP shall pay, and
hold City free and harmless from, all charges for telephone usage by AARP at the
Premises.
ARTICLE 7. MISCELLANEOUS
Section 7.01. AARP 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, assigmnent,transfer, or subletting by AARP 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 City, result in the immediate termination of
this Agreement.
Section 7.02. Except as otherwise expressly provided by law, any and all notices
or other communications required or permitted by this Agreement or by Iaw 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
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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 AARP at 501 E Street NW,
Washington DC, 20049 or to City at 111 W. Lugonia Avenue, P.O. Box 3005, Redlands,
CA 92373. ARRP 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.
Section 7.03. This Agreement constitutes the entire agreement between City and
ARNP respecting ARRP's use of the Premises, and correctly sets forth the obligations of
City and ARRP to 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.
Section 7.04. 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 Party.
Section 7.05. This Agreement may be terminated by either Party by giving ninety
(90)days prior written notice to the other Party.
Executed at Redlands, California.
CITY OF REDLANDS AARP
Pete Aguilar,Mayor Mary 0. White
Procurement &Contract Manager
ATTEST:
Z,44
Sam Irw , City Clerk
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