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HomeMy WebLinkAboutContracts & Agreements_52-2002_CCv0001.pdf CITY OF REDLANDS FACILITIES USE AGREEMENT Preamble This Agreement is made and entered into this 16th day of April, 2002,by and between the City of Redlands, a municipal corporation("City"),and Los Gauchos Soccer Club ("Club"). City, for and in consideration of the obligations to be performed by Club under this Agreement, hereby permits Club, to use the following City premises City, the following: Crafton Park, Redlands, California(the"Premises"). Term Section 1. The term of this Agreement shall be from April 16,2002 through March 31, 2007,unless terminated earlier by City or Club by providing ninety(90)days written notice of such termination to the other party. Use of Premises Section 2. Club shall perform field improvement work and maintenance services in exchange for use of the Premises. Improvements and maintenance expenses shall total a minimum of Five Thousand Dollars 05000)per year. Copies of receipts and other documents validating the Club's maintenance efforts shall be submitted to City quarterly, each year during the term of this Agreement at the office of City at I I I W. Lugonia Avenue, Redlands, California. Permitted Use Section 3. During the term of this Agreement the Premises shall be used by Club for the I exclusive purpose of conducting youth club soccer programs. Operation of Business Section 4. During the term of this Agreement, Club shall, conduct maintenance of the type of use specified in Section 3 of this Agreement on the Promises. The Premises shall be used at the discretion of Club for practices and games, provided the dates requested for use have been 1:',ca',,,djrn',,Agreements�i4auchos2,wpd I approved and calendared by City. Soccer programs maybe scheduled at anytime after 5:00 p.m.weekdays. The premises may be used all day Saturdays and Sundays. The Premises shall remain open to the general public when not in use by Club. Requests for additional field use shall be submitted, in writing, to the Community Services Division Manager thirty (30) days prior to the intended date of use. These requests may be subject to approval by the Recreation Commission and/or City Council. Maintenance and Preparation Section 5. City shall provide routine maintenance and preparation to the Premises, defined for the purpose of this Agreement as: watering, repair and maintenance of existing park sprinkler systems, mowing and general maintenance of the grounds surrounding the soccer field. Maintenance services shall be performed in accordance with the City's current field maintenance schedule. Club shall provide specialized maintenance of the field, defined for the purpose of this Agreement as: fertilization,annual sodding and/or seeding to replenish worn areas,specialized field sprinkler maintenance to ensure proper water distribution,leveling/smoothing of low spots or worn areas and repair and maintenance of lights and lighting equipment. Temporary fencing may be installed to protect the soccer field during rejuvenation. Field closures shall not exceed ninety(90) days in any one year. Insurance Hazards Section 6. Club 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. Club shall, at its own cost and expense, comply with any and all requirements of City's insurance carriers necessary for the continued maintenance at reasonable rates of fire and liability insurance policies on the Premises and the improvements on the Premises. L\c a�.dj rr',A greemen&gauc hos-2--,kpd 2 Waste or Nuisance Section 7. Club shall not commit,or permit the commission by others of, any waste on the Premises. Club shall not maintain, commit or permit the maintenance or commission of any nuisance on the Premises as defined in Civil Code Section 3479, and Club shall not use or pen-nit the use of the Premises for any unlawful purpose. Compliance with Laws Section 8. Club shall, at Club's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal, state, county and municipal relating to Club's use and occupancy of the Premises whether those statutes, ordinances, regulations, and requirements are now in force or are subsequently enacted. The judgement of any court of competent jurisdiction,or the admission by Club in aproceeding brought against Club by any governmental entity, that Club has violated any such statute, ordinance, regulation,or requirement shall be conclusive as between City and Club and shall constitute grounds for termination of this Agreement by City. Utilities Section 9. Club shall pay, and hold City free and harmless from, all charges for the furnishing of electricity for storage areas, snack facilities and field lighting to the Premises during the term of this Agreement. Club shall pay electrical charges directly to provider. Indemnitv and Insurance Section 10. Club shall defend, indemnify, and hold harmless the City and its elected officials,officers,employees and agents from and against any all liability resulting from Club's,and its agents, employees' and invitees' occupation and use of the Premises, specifically including without limitation,any claim, liability, loss, or damage arising by reason of: (a) The death or injury of any person or persons, including Club or any person who is an employee or agent of Club, or by reason of the damage to or destruction of any property,including property owned by Club or any person who is an employee or agent of Club,and caused or allegedly 1:".c a"dj n fvkgreemen ts\gauchos2.vv pd 3 caused by either the condition of the Premises, or some act or omission of Club or of some agent, contractor, employee, servant, subClub, invitee or concessionaire of Club on the Premises; (b) k work. performed on the Premises or materials furnished to the Premises at the I insistence or request of Club or any agent or employee of Club; and (c) Club's failure to perform any provision of this Agreement or to comply with any requirement of law or any requirement imposed on City or the Premises by any duly authorized governmental agency. Public Liability and Property Damage Insurance Section 11. Club shall,at its own cost and expense,procure and maintain during the term of this Agreement public liability insurance and property damage insurance issued by an insurance company acceptable to City and insuring City against loss or liability caused by or connected with Club's occupation and use of the Premises under this Agreement in amounts not less than: (a) One Million Dollars($1,000,000)for injury to or death of one person and,subject to that limitation for the injury or death of one person, of not less than Two Million Dollars($2,000,000) for injury to or death of two or more persons as a result of any one accident or incident; and (b) Five Hundred Thousand Dollars($500,000)for damage to or destruction of any property of Club or others. The insurance required under this section shall be issued by a responsible insurance company or companies authorized to do business in California and shall be in a form reasonably satisfactory to City. Club shall provide certificates to City evidencing its compliance with the insurance requirements of this section prior to (c) The insurance required by this section shall name City as an additional insured and such insurance shall be primary and non-contributing to any other insurance or self-insurance maintained by City. Club's Personal Property Section 12. During the term of this Agreement, Club shall maintain, at Club's own cost and expense, an insurance policy issued by a reputable company authorized to conduct insurance business in California insuring for their full insurable value all fixtures and equipment,in or on the 1:\C a'dj m"Agreemen&xggauc hos-1.w-pd 4 Premises against damage or destruction by fire, theft or the elements. Cancellation Requirements Section 13. Each of the insurance policies shall be in a form reasonably satisfactory to City and shall carry an endorsement that, before changing or canceling any policy, the issuing insurance company shall give City at least 30 days' prior written notice. Duplicate originals or certificates of all such insurance policies shall be delivered to City. Restriction Against Subletting or Assignment Section 14. Club 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 of the improvements that may now or hereafter be constructed or installed on the Premises. Club shall not sublet the Premises or any part of the Premises or allow any other person, other than Club's agents, servants, employees, and invitees to occupy the Premises or any part of the Premises without the prior written consent of City. The consent by City to one assignment, one subletting, or one occupation of the Premises by another person shall not be deemed to be a consent to any subsequent assignment, subletting or occupation of the Premises by another person. 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 termination of this Agreement. The consent of City to any assignment of Club's interest in this Agreement or the subletting by Club of the Premises or parts of the Premises shall not be unreasonably withheld. Attorneys' Fees Section 15. 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 I I entitled to recovery of its reasonable attorneys' fees. 1:\cal,cijrn\-,'xgreements'Ngauchos2.wpd 5 Notices Section 16. Except as otherwise expressly provided by law, any and all notices or other communications required orpermittedby 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 aredirected, or in lieu of personal service,when deposited in the United States mail,first-class postage pre-paid,addressed to Club at P.O.Box 1,Redlands,California,92373 or to City at 111 W. Lugonia Avenue,Redlands, California,92374. Either party,Club 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 17. This instrument constitutes the entire agreement between City and Club respecting the Premises and the use of the Premises by Club, and correctly sets forth the obligations 1 4:1 of City and Club to each other as of its date. Any agreements or representations respecting the Premises or their use by Club not expressly set forth in this instrument are null and void. Executed on April 2, 2002, at Redlands, California. CITY OF REDLANDS (City) ATTEST: Karl N. ("Kasey")Haws, Mayor CityWerk LOS GAUCHOS SOCCER CLUB ATTEST: (Club) 1:\ca\dj iii%1',,,reements\eauchos2.,Apd 6