Loading...
HomeMy WebLinkAboutContracts & Agreements_51-2004_CCv0001.pdf OARcommunity ion- P 7 t Helping Pecps,Chcngir;g Lives. Community Action Partnership of San Bernardino County 686 East Mill street San Bernardino, CA 93415.0610 (909)891.3863 Fax(909)891.9080 April 29, 2004 www.sbcounty.gov/csd Mayor Susan Peppler City of Redlands 111 W. Lugonia Avenue P. O. Box 3005 Redlands, CA 92373 Dear Mayor Peppler: Enclosed are three (3) executed Facility Use Agreements between Community Action Partnership of San Bernardino County (CAPSBC) and the City of Redlands. If you have any questions, please feel free to contact me at (909) 891-3863. Sincerely, - Patricia L. NickolsI Executive Director PLN:dgb Enclosures The F omise of Community ct on Community Action changes people's lives,ernbodies the spirit of hope,improves communities,and makes America a better place to live.. We care about the entire community,and we are dedicated to belping people help themselves and each other. FACILITY USE AGREEMENT This Facility Use Agreement ("Agreement") is made and entered into on this 6th day of April, 2004 by and between the City of Redlands, a municipal corporation ("City"), and the Community Action Partnership of San Bernardino County("CAPSBC"). In consideration of the mutual promises contained herein, CAPSBC agrees to rent from City the kitchen, kitchen storage area, rear office, consisting of approximately 1,320 square feet and the multi-purpose room, consisting of approximately 2,068 square feet and to have access but not exclusive use of the senior facilities on the site located at I I I W. Lugonia Avenue at the Redlands Community Senior Center, Redlands, California ("the Premises") on the following terms and conditions: ARTICLE 1. TERM Section 1.01 This Agreement shall be for an original term of three (3) years, unless terminated by either City or CAPSBC, by providing written notice of such termination to the other, ninety (90) days prior to the date of termination. CAPSBC shall have the option to renew this Agreement for two successive one year terms. Written notice of CAPSBC's desire to exercise its option shall be given to City ninety(90) days prior to the end of the original term and any renewal term. ARTICLE 2. RENT Section 2.01 Commencing upon execution of this Agreement, CAPSBC shall pay to City the sum of$880 ("Rent") each month during the term(including renewals). City shall submit to CAPSBC a written invoice identifying CAPSBC's specific dates for use and the Rent. Rent for partial months occurring at the commencement and termination of the term of this Agreement shall be prorated accordingly. Upon termination of this Agreement, any unused portion of rent shall. be reimbursed to CAPSBC. ARTICLE 3. USE OF PREMISES Section 3.01 The Premises shall be used for the exclusive purpose of operating and conducting the Community Action Partnership's Nutrition For Seniors Program. CAPSBC shall not use or permit the Premises to be used for any other purpose, without the prior written consent of the City. Operation of Business Section 3.02 During the term of this Agreement, CAPSBC shall, unless prevented by conditions beyond CAPSBC's control, conduct business of the type and nature specified in Section 3.01 of this Facility Use Agreement on the Premises in a diligent and business-like manner. The Premises shall be used Monday through Friday from 9:00 a.m. to 1:30 p.m. In the event that scheduling modifications are necessary, CAPSBC 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. CAPSBC shall assume full responsibility for personal property and shall hold City harmless for any theft, damage and other incidents relating to CAPSBC's personal property. Insurance Hazards Section 3.03 CAPSBC shall not commit or permit the commission of any acts on the Premises, nor 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. CAPSBC shall, at its own cost and expense, maintain insurance for all personal property and improvements on the Premises. Waste or Nuisance Section 3.04 CAPSBC shall not commit or permit the commission by others of any waste on the Premises. CAPSBC shall not maintain, commit, or permit the maintenance or commission of any nuisance on the Premises, and CAPSBC shall not use or permit the use of the Premises for any unlawful purpose. Compliance with Laws Section 3.05 CAPSBC shall, at CAPSBC's sole cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal, relating to CAPSBC's use and occupancy of the Premises for CAPSBC's operation of business as stated in Section 3.02 whether those statues, ordinances, regulations, and requirements are now in force or are subsequently enacted. The judgment of any court of competent jurisdiction, or the admission by CAPSBC in a proceeding brought against CAPSBC by any government entity, that CAPSBC has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and CAPSBC and shall constitute grounds for termination of this Agreement by City. 2 ARTICLE 4. TAXES AND UTILITIES Utilities Section 4.01 City shall pay, and hold CAPSBC free and harmless from. all charges for the furnishing of gas, water, sewer, electricity, and solid waste disposal and other public utilities to the Premises during the term of this Agreement. CAPSBC shall pay, and hold City free and harmless from, all charges for telephone usage. ARTICLE 5. INDEMNITY AND INSURANCE Section 5.01 CAPSBC is a self-insured public entity. CAPSBC shall defend, indemnify and hold harmless City, its elected officials, officers, employees, agents and volunteers from any and all liabilities for injury to persons and damage to property arising out of negligent act or omission of CAPSBC, its officers, employees, agents or volunteers in connection with the Senior Nutrition program. City is a self-insured public entity. City shall defend, indemnify and hold harmless the CAPSBC, its 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 of City, its officers, employees, agents or volunteers in connection with the Senior Nutrition program. ARTICLE 6. MISCELLANEOUS Restriction Against Subletting or Assignment Section 6.01 CAPSBC 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 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. Notices Section 6.02 Except as otherwise expressly provided by law, any and all notices or other communications required or 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 CAPSBC at Community Action Partnership of San Bernardino County, Attn: Fiscal Div., 686 E. Mill Street, San Bernardino, CA 92415-0610 or to City at 111 W. Lugonia Avenue, P. 0. Box 3005, Redlands,, CA 92373. Either party, CAPSBC or City, may change its address for the purpose of this section by giving written notice of that change to the other party in the manner provided in this section. Entire Agreement Section 6.03 This Agreement constitutes the entire agreement between City and CAPSBC respecting CAPSBC's use of the Premises, and correctly sets forth the obligations of City and CAPSBC to each other as of its date. Any agreements or representations respecting the Premises not expressly set forth in this Agreement are nun and void. Attorney's Fees Section 6.04 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. Executed on April 6, 2004, at Redlands, California. COMMUNITY ACTION PARTNERSHIP CITY OF REDLANDS OF SAN BERNARDINO COUNTY 7� jv/ B y� Patricia L. Nickolsi Su Peppler, Mayor Executive Director ATTEST: L6ff/ie Poyzer, lerk 4