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Home My WebLink AboutContracts & Agreements_89-2004_CCv0001.pdf FACILITY USE AGREEMENT Preambles This Facility Use Agreement is made and entered into this Fifteenth day of June 2004, by and between the City of Redlands, a Municipal Corporation, ("City "), and the Redlands Community Music Association ("Association"). In consideration of the mutual promises contained herein, Association agrees to rent from 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("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 Association, by providing written notice of such termination to the other, ninety(90) days prior to the date of termination. Association shall have the option to renew this Agreement for three successive one-year terms. Written notice of Association'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, Association shall pay to City the sum of $25.00 per hour ("Rent") in advance on the first day of each month during the term (including renewals). Number of hours shall be deternuine'd by the amount of use by the Association for said month. City shall submit to Association a written invoice identifying Association's specific dates for use and the Rent. Upon termination of this Agreement, any unused portion of rent shall be reimbursed to Association, including the cleaning deposit. 1 ARTICLE 3. USE OF PREMISES Permitted Use Section 3.01. The Premises shall be used for the exclusive purpose of rehearsals by performers contracted by the Association. Association 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 to of this Agreement, Association shall, unless prevented by conditions beyond Association'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 on dates designated on the Facility Rental Form only. In the event that scheduling modifications are necessary, Association shall make a forty-five (45) day advance schedule change request to City and the Joslyn Senior Center indicating the proposed modification. City shall respond to such requests within two (2) weeks of receipt. The Association, will secure the facility using the keys and alarm code provided by the City. The Association will not leave the facility unattended at any time while it is in use. For emergencies, the Association can be reached at 215-5494 or 824-5160. For the Association's use of the Facility and security, the City will waive the $15.00 per hour staff attendant fee. Insurance Hazards Section 3.03. Association 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 2 Premises. Association shall, at its own cost and expense, maintain insurance for all personal property and improvements on the Premises, Waste or Nuisance Section 3.04. Association shall not commit or permit the commission by others of any waste on the Premises. Association shall not maintain, commit or permit the maintenance or commission of any nuisance on the Premises, and Association shall not use or permit the use of the Premises for any unlawful purpose. Compliance with Laws Section 3.05. Association shall, at Association'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 Association's use and occupancy of the Premises for Association's operation of business as stated in Section 3.02 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 Association in a proceeding brought against Association by any government entity, that Association has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Association and shall constitute grounds for termination of this Agreement by City. 3 ARTICLE 4. TAXES AND UTILITIES Utilities Section 4.01. City shall pay, and hold Association free and harmless from, all charges for the finitishing of gas, water, sewer, electricity, solid waste disposal and other public utilities to the Premises during the term of this Agreement. ARTICLE 5. INDEMNITY AND INSURANCE Section 5.01, The Association 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 any negligent act or omission of the Association, its officers, employees, agents or volunteers in connection with the Association's obligations under this Agreement. City is a self-insured public entity. The City shall defend, indemnily and hold harmless the Association, its officers, employees, agents and volunteers from any and all liabilities for injury to persons and damages to property arising out of any negligent act or omission of the City, its officers, employees, agents or volunteers in connection with the City's obligations under this Agreement. ARTICLE 6. MISCELLANEOUS Restriction Against Subletting or Assignment Section 6.01. Association 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 4 without the, prior written consent of 01:34 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 Redlands Community Music Association at P.O. Box 466, Redlands, CA 92373 or to City at Joslyn Senior Center, 21 Grant Street, Redlands, CA 92373. Either party, Association 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 Association respecting the County's use of the Premises, and correctly sets forth the obligations of City and Association 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 Fee Section 6.04. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement, each party, including the prevailing party shall, bear its own costs and attorney's fees. 5 Executed cin June 15, 2004 , at Redlands, California CITY OF REDLANDS Dated S�/ B ► Y ' SIGNED AND CERTIFIED THAT A COPY OF Susan Pm ler THIS DOCUMENT HAS BEEN DELIVERED TO Dated THE CHAIRMAN OF THE BOARD. June 15 2004 Title Mayor ATTEST: June 15 20(34 By: V Lorre `ger By Title Cjty Clerk 6