Loading...
HomeMy WebLinkAboutContracts & Agreements_156-2001_CCv0001.pdf FACILITY USE AGREEMENT Preamble This Agreement is made and entered into on this 6th day of November, 2001 by and between the City of Redlands, a municipal corporation, ("Landlord"), and the Redlands Spanish Seventh Day Adventist Church ("Tenant"). Landlord, for and in consideration of the rent to be paid by Tenant and of the covenants and provisions to be kept and performed by Tenant under this agreement, hereby rents to Tenant, and Tenant agrees to rent from Landlord, the following: the Community Center Annex located at 1235 Clay Street, Redlands, California, ("the Premises"). Term Section 1.01 This Agreement shall be for a term of one (1) month, commencing at 12:01 a.m. on November 7, 2001 ("Commencement Date"), ending at 12:01 a.m. on December 7, 2001, and shall be automatically renewed for successive one (1) month terms, for a period of one (1) year, unless terminated earlier pursuant to the provisions of this agreement, or canceled by either Landlord or Tenant by providing written notice of such cancellation to the other thirty (30) days prior to the date of termination. Minimum Rent Section 2.01 Tenant agrees to pay to Landlord, a fixed minimum rental for the use and occupancy of the Premises (the "Minimum Rent"). The amount of Minimum Rent payable for each month during the Original Term shall be $200. The Minimum Rent shall be payable on the first day of each and every month commencing November 7, 2000 (the "Rent Commencement Date"), at the office of Landlord at lll W. Lugonia Avenue, Redlands, California. Minimum Rent for partial calendar months occurring at the commencement and termination of the term of this Agreement shall be prorated accordingly. Tenant shall have use of the Annex on Wednesdays from 5:00 p.m. to 10:00 p.m. and on Saturdays from 7:00 a.m. to 10:00 p.m. Tenant may request the use of additional facilities on the Premises and shall pay the rental fee for these facilities as established in the City's fee Resolution. Sda Agreement 1 Additional use of Premises is contingent solely upon availability. Permitted Use Section 3.01 During the term of this Agreement the Tenant's use of the Premises shall be used for the exclusive purpose of operating and conducting religious and educational programs, for uses normally incident to that purpose, and for no other purpose. Tenant shall not use or permit the Premises to be used for any other purpose, without the prior written consent of the Landlord. Operation of Business Section 4.01 During the term of this Agreement, Tenant shall, unless prevented by conditions beyond Tenant's control, conduct business of the type and nature specified in Section 3.01 of this use agreement on the Premises in a diligent and business-like manner. Tenant shall maintain, adhere to, and enforce all City rules, regulations and standards of behavior during the term of this Agreement. Insurance Hazards Section 5.01 Tenant 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. Tenant shall, at its own cost and expense, comply with any and all requirements of Landlord'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. Waste or Nuisance Section 6.01 Tenant shall not commit or permit the commission by others of any waste on the Premises. Tenant shall not maintain, commit, or permit the maintenance or commission of any nuisance on the Premises as defined in Civil Code Section 3479, and Tenant shall not use or permit the use of the Premises for any unlawful purpose. Compliance with Laws Section 7.01 Tenant shall, at Tenant's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and Sda Agreement ? county or municipal, (including those requiring capital improvements to the Premises,) relating to Tenant'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 Tenant in a proceeding brought against Tenant by any government entity, that Tenant has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Landlord and Tenant and shall constitute grounds for termination of this agreement by Landlord. Utilities Section 8.01 Tenant shall pay, and hold Landlord free and harmless from, all charges for the furnishing of telephone, gas, water, sewer, electricity, and disposal to the Premises during the term of this Agreement. Utility charges shall be paid by Tenant directly to the provider of the service and shall be paid as they become due and payable but in any event before delinquency. Indemnity and Insurance Section 9.01 Tenant shall defend, indemnify, and save Landlord and its elected officials, officers, employees and agents harmless from and against any and all claims, liabilities, losses, damages, or causes of action resulting from Tenant's occupation and use of the Premises; (a) The death or injury of any person or persons, including Tenant or any person who is an employee or agent of Tenant, or by reason of the damage to or destruction of any property, including property owned by Tenant or any person who is an employee or agent of Tenant, an caused or allegedly caused by either the condition of the Premises, or some act or omission of Tenant or of some agent, contractor, employee, servant, subtenant, or concessionaire of Tenant on the Premises; (b) Any work performed on the Premises or materials furnished to the Premises at the insistence or request of Tenant or any agent or employee of Tenant; and (c) Tenant's failure to perform any provision of this Agreement or to comply with any requirement of law or any requirement imposed on Landlord or the premises by any duly authorized governmental agency or political subdivision. Restriction Against Subletting or Assignment Section 10.01 Tenant shall not encumber, assign, or otherwise transfer this Agreement, S a Agi-eement 3 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 without first obtaining the express written consent of Landlord. Tenant shall not sublet the Premises or any part of the Premises or allow any other person, other than Tenant's agents, servants and employees, to occupy the Premises or any part of the Premises without the prior written consent of Landlord. The consent by Landlord 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 Landlord, whether voluntary or involuntary, by operation of law or otherwise, is void and shall be at the option of Landlord, terminate this Agreement. The consent of Landlord to any assignment of Tenant's interest in this Agreement or the subletting by Tenant of the Premises or parts of the Premises shall not be reasonably withheld. Attorneys' Fees Section 11.01 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 reliefs, be entitled to recovery of its reasonable attorney's fees. Notices Section 12.01 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 Tenant at Pastor Eliezer Benavides, 29640 Chandler Road, Highland, California, 92346 or Pastor Antonio Aguilar, 11238 Cameron Drive, Riverside, California, 92505 or to Landlord at 111 W. Lugonia Avenue, P. Q. Box 3005, Redlands, California, 92373. Either party, tenant or Landlord, 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. Sda Ageement 4 Entire Agreement Section 13.01 This instrument constitutes the entire agreement between Landlord and Tenant respecting the Premises, the use of the Premises to Tenant, or the use terms created under this Agreement, and correctly sets forth the obligations of Landlord and Tenant to each other as of its date. Any agreements or representations respecting the Premises or their use by Landlord to Tenant not expressly set forth in this instrument are null and void. Time of Essence Section 14.01 Time is expressly declared to be of the essence in this agreement. Executed on Nov. 6 2001 , at Redlands, California. CITY OF REDLANDS (LANDLORD) ATTEST: Mayor City C rk REDLANDS SPANISH SEVENTH ATTEST: DAY ADVENTIST CHU Pastor Pastor Sda Agtreemeit 5 Producer THIS CERTIFICATE 19 ISSUED A5A WATTFR oFllNF!Orl.VATION,_)NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THF COVERAGE AFFORDED BY THE POLVAES BELOW. COMPANIES AFFORDING COVERA03F A inENCON INSURANCE COMPANY Or VrJP!A0NT General Conference Clnpomtion of Sevcnil-dayAdverlists.ct sil GCS N?AivY Southvutcm Cali-;­oInja,&ssoc of Seventh-d:4v A+, rrnti-3t- 113,10 Pwicc sticet COMPANY Riverside,CA 92505 0 11111jill THINS AVa BEEN ISSUF;[)7?�, =' 4'j,&it_L)A_!0VEF7 HIEPOLICY >IJRED t THIS IS 10 -lERT OFINSQR IC,,E LISTED BFLOWH ANY COPJTR�Cl 0P OTHER 0<�,rLWENT�4�TH RESPE=f7l`r PEF(01:11NDICATEO N0TlVfI_I=STADITlG ANY RFOLI REMENT,T=RfJ OR CONDITION C,,F , , TO VVHiC_I­4-71-,Iq CERTIFICATE MAYBE ISSUED OP.MAY PERTAIN THE INSURANCE AFFORDHD BY THE POLICIES DESCRIBED H�REIN IE S SUE JEOTTO 41-1-THE7ERMS.F fCt Jac tts5 AND GONDITIONS f)F SUCH POLICiE5, UMI7-S SHOWN MAY FWVE BEEN REDO CEDIIY PAIL)CLAINII ;o VOLK,YEXPIRATION ePotc- TVF INSURANCE POLICY NLJMEEq CATE(MM/00/YY? DATF.fmvlor4yy) i�;;;KERAL AGGREOATE GENERALLIABILlry X 70,IMERCIAL GENERAL LLQ?Lir- i pEREONAL a NOV;N:URY CLAAiS MADE r--.-1 OCCUR Lfli Cl"Cil 100 01-01-01 01-01-02, COF-ITRACTOR'S PROT rACH OCCURRENCE 0001 000 FIRE DAMOE("ong I!rp) $ Mac EXP OnY One U-S—) $ 10 FrCl+,7 X Er)p oyer' s Liabilit AUTOMOBILE LIAWLITY COMEINED SINGLE LIMIT ANYAUTO ALL OWNED AMOS $(,HECLlEC AUTOS P9rPergCnj `_ FuRED AUTO S BODILY INJURr NON-OWNED AUTOS I-PPOPER-YDAMAGE AUT ONLY-EA ACCIDENT GARA07E LIABILITY 1 AN`, AU-O O F.XCF.3S LIABILITY OTHFF,-� NALTQONLY ------- 1 EACH OCCURREIKE UMBRELLA FORM OTHER THAN LIMUM-LA FORM WORKERS C SA AND EMPLOYERS'LIABILITY r pr ppoppir FL 0*F_-SF,FrA��Yl VIT r IR/ P,C RTNER.SIEYr.1:0TIVE INCL I 1111 ')FP.CF _Pl,ARF: Ent OTHER �CCI-KI�F $ The Cei-tifica-e FOldCT is-lirried Additianal Insurt-A as respects,Church scrvim 111 1235 Clay'.5tritet,ReMands:CA frArl I fyy,,iirt;Remardillo Spa-sh S-cvvab-day kdvetitiit Church, 111111111 lilillip SHOULD ANY OF THE ABOVE DESCRIeED'Oj _ICIESBFCAN,E+_LE jSlUI,4I&�,OMPANYWLL C"�,fjw()k T()klAll, EXr,P4ATIO4 DATE THEREOF,THE OAy�ViRITJEN NOT!jE TO T4E CERTWICIATE Ht(J10, IAU ki *SF 1, 7 CR L.tijzoliia Avenue LEFI,Bt r:.4jtURS TO MAIL S WCH NOTICE Sf IAL.L Iki -SE 1, Redlands,"'A 923'7 L ABILITv OF 4NY KIND UPON THE CCmP T T I nki IL)till: L 6J,1 POLICY NUMBER' UL201 100 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 26 11 85 ADDITIONAL INSURED --- DESIGNATED PERSON OR ORGANIZATION This er,dorsernent modifies insurance provided uncle,,the following: COMMERICAL GENERAL LiABiLITY COVERAGE PART SCHEDULE Name of person or organization: Cil',of Rella-nds I I' XK Lu8oma A,.-m)ue Redlardg,CA 92373 The Cettifli,tate Poider is named additional Insured as rmve.ts,Chi,-ch services at 1235 CHy Street.ReTqrids-Ck from 11-06-01 t'.-mu ;oMis(-red by Sar Bematdino Spankil Severtli-day Advenr&*ChurcE (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section 11) is amended to include as an insured the 1p�rson or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or renled to you 'n-