HomeMy WebLinkAboutContracts & Agreements_213-2005_CCv0001.pdf FACILITY USE AGREEMENT
This Facility Use Agreement reement ("Agreement") is made and entered into on this 1st day of
November, 2005 by and between the City of Redlands, a municipal corporation ("City"), and the
Family Service Association of Western Riverside County("FSA").
In consideration of the mutual promises contained herein, FSA 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 11.1 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 FSA, by providing written notice of such termination to the other,
ninety (90) days prior to the date of termination. FSA shall have the option to renew this
Agreement for two successive one year terms. Written notice of FSA'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, FSA shall pay to City the
sum of$200.00 ("Rent") each month during the term (including renewals). Ciqt shall submit to
FSA a written invoice identifying FA'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 FSA.
ARTICLE 3. USE OF PREMISES
Section 3.01 The Premises shall be used for the exclusive purpose of operating and
conducting the Family Service Association of Westem Riverside County's Nutrition For Seniors
Program. FSA shall not use or permit the Premises to be used for any other purpose, without the
prior written consent of the CAV,
Operation of Business
Section 3.02 During the term of this Agreement, FSA shall, unless prevented by
conditions beyond FSA'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, FSA 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.
FSA shall assume full responsibility for personal property and shall hold City harmless
for any theft, damage and other incidents relating to FSA's personal property.
Insurance Hazards
Section 3.03 FSA 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. FSA shall, at its own cost and expense, maintain
insurance for all personal property and improvements on the Premises.
Waste or Nuisance
Section 3.04 FSA shall not commit or permit the commission by others of any waste on
the Premises. FSA shall not maintain, commit, or permit the maintenance or commission of any
nuisance on the Premises, and FSA shall not use or permit the use of the Premises for any
unlawful purpose.
Compliance with Laws
Section 3.05 FSA shall, at FSA'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 FSA's use and occupancy of the Premises for FSA'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 FSA in a proceeding brought against FSA by any
government entity, that FSA has violated any such statute, ordinance, regulation, or requirement
shall be conclusive as between City and FSA and shall constitute grounds for termination of this
Agreement by City.
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ARTICLE 4. TAXES AND UTILITIES
Utilities
Section 4.01 City shall pay, and hold FSA 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. FSA shall pay, and hold City free and harmless
from, all charges for telephone usage.
ARTICLE 5. INDEMNITY AND INSURANCE
Section 5.01 FSA is a self-insured Non Profit entity. FSA 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 FSA, 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
FSA, 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 FSA 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 FSA at Family Service Association of Western Riverside County,
21250 Box Springs Road, Moreno Valley, CA 92557 or to City at 111 W. Lugoma Avenue, P.
0. Box 3005, Redlands, CA 92373. Either party, FFA 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,
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Entire Agreement
Section 6.03 This Agreement constitutes the entire agreement bet-ween City and FSA
respecting FSA's use of the Premises, and correctly sets forth the obligations of City and FSA to
each other as of its date. Any agreements or representations respecting the Premises not
expressly set forth in this Agreement are null 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 Nov. 1, 2005 at Redlands, California.
FAMILY SERVICE ASSOCIATION OF CITY OF REDLANDS
WESTERN RIVERSIDE COUNTY
B Bv2L—
Susan Peppler, ayor
ATTEST:
Lorrie Poyzer,� Jerk
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