HomeMy WebLinkAboutContracts & Agreements_103-2014_CCv0001.pdf FACILITY USE AGREEMENT
This Facility Use Agreement ("Agreement") is made and entered into this
171hday of June, 2014 ("Effective Date"), by and between the City of Redlands, a
municipal corporation ("City"), and the University of Redlands ("U of R"). City and U
of R are sometimes individually referred to herein as a "Party" and, together, as the
"Parties."
ARTICLE 1. PREMISES
Section 1.01 City agrees to rent to U of R the computer lab, consisting of
approximately 500 square feet, located at 111Lugonia Avenue at the Redlands
Community Center, Redlands, California ("the Premises").
ARTICLE 2.TERM
Section 2.01. This Agreement shall be for a term of three (3) years, unless
earlier terminated as provided for herein.
ARTICLE 3. RENT
Section 3.01. Commencing upon execution of this Agreement, City will waive
the Twenty Five Dollar ($25) fee per hour for the use of the computer lab. U of R
shall assume full responsibility for its personal property used at the Premises, and
shall hold City harmless for any theft, damage and other incidents relating to U of R's
personal property, unless due to the negligence of the City.
ARTICLE 4. USE OF PREMISES
Section 4.01.The Premises shall be used for the exclusive purpose of
operating the jasper's Corner Homework Club. The program will provide youth
from the community with free college tutors to help with homework for children
grades K- 12. The U of R will provide students to deliver homework assistance
offered through this program. U of R shall not use or permit the Premises to beused
for any other purpose without the prior written consent of City.
Operation of Business
Section 4.02. During the term of this Agreement, U of R shall, unless
prevented by conditions beyond its control, conduct business of the type and nature
specified in Section 4.01 of this Agreement on the Premises in a safe and business
like manner. The Premises shall be used only for the time and dates designated by U
of R on City's Facility Rental Form. In the event that scheduling modifications are
necessary, U of R 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. City may charge U of R rent for any scheduling
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changes made by U of R without the aforementioned forty-five (45) day notice. For
U of R's use of the Premises and provision of security, City will waive the Twenty
Five Dollar ($25) fee per hour for the use of the computer lab. U of R shall assume
full responsibility for its personal property used at the Premises, and shall hold City
harmless for any theft, damage and other incidents relating to U of R's personal
property, unless due to the negligence of the City.
User Responsibility
Section 4.03. U of R shall be solely responsible for the set up and cleaning
associated with its business, and shall maintain the Premises in a clean manner and
litter free.
Insurance Hazards
Section 4.04. U of R shall not commit, or permit the commission, of any acts
on the Premises, or 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. U of R
shall,at its own cost and expense, maintain insurance for all personal property and
improvements on the Premises.
Waste or Nuisance
Section 4.05. U of R shall not commit, or permit the commission by others, of
any waste on the Premises. U of R shall not maintain, commit or permit the
maintenance or commission of any nuisance on the Premises, and U of R shall not
use or permit the use of the Premises for any unlawful purpose.
Compliance with Laws
Section 4.06. U of R shall, at U of R's sole cost and expense, comply with all
statutes, ordinances, regulations and requirements of all governmental entities,
federal, state and county or municipal, relating to U of R's use and occupancy of the
Premises for U of R's operation of business 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 U of R in a
proceeding brought against U of R by any government entity that U of R has violated
any such statute, ordinance, regulation or requirement shall be conclusive as
between City and U of R and shall constitute grounds for termination of this
Agreement by City.
ARTICLE 5. INDEMNITY AND INSURANCE
Section 5.01. U of R shall defend, indemnify and hold harmless City, its
elected officials, officers and employees from and against any and all claims, losses,
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damages, causes of action and liability resulting from the negligent acts or
omissions, or willful misconduct, of[J of R, and its agents and employees and
invitees, during U of R's use of the Premises.
Section 5.02. The City shall defend, indemnify and hold harmless U of R, its
trustees, students, employees and agents from and against any and all claims, losses,
damages, causes of action and liability resulting from the negligent acts or
omissions, or willful misconduct, of City, its elected officials, officers and employees
during U of R's use of the Premises.
Section 5.03. U of R shall secure and maintain throughout the term of this
Agreement the following types of insurance:
(1) Public liability insurance in the amount of One Million dollars
($1,000,000)per occurrence and Two Million Dollars ($2,000,000) in the aggregate,
issued by a responsible insurance company licensed to do business in the State of
California and acceptable to City.
(2) Additional Named Insured:All policies shall contain endorsements
naming City and its elected officials, officers, employees,agents and volunteers as
additional name dinsured with respect to liabilities arising out of this Agreement.
(3) Waiver of Subrogation Rights: U of R shall require the carriers of the
above required coverage to waive all rights of subrogation against City, and its
elected officials, officers, employees, agents, volunteers, contractors and sub-
contractors.
(4) Policies Primary and Non-Contributory: All policies required above
are to be primary and non-contributory with any insurance or self-insurance
programs carried or administered by City.
(5) Proof of Coverage: U of R shall provide City with a certificate of
insurance showing City to be an additional insured on the policy. The policy shall
require that before amending or canceling the policy, the issuing insurance company
shall give City at least thirty (30) days prior written notice.
(6) Workers' Compensation and Employer's Liability insurance: U of R
shall provide City with Workers' Compensation and Employer's Liability insurance
in the amount that meets the statutory requirement shall be in force with an
insurance carrier acceptable to the City.
ARTICLE 6. TAXES AND UTILITIES
Utilities
Section 6.01. City shall pay, and hold U of R free and harmless from, all
charges for the furnishing of gas, water, sewer, electricity, solid waste disposal and
other public utilities to the Premises during the term of this Agreement. U of R shall
pay, and hold City free and harmless from, all charges for telephone usage by U of
Rat the Premises.
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ARTICLE 7. INDEMNITY AND INSURANCE
Section 7.01. U of R is a self-insured, non-profit organization. U of R shall
defend, indemnify and hold harmless City, and 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, or willful
misconduct, of U of R, or its trustees, employees, agents or volunteers, in connection
with operation of its business at the Premises.
Section 7.02. City is a self-insured public entity. City shall defend, indemnify
and hold harmless U of R, and its trustees, 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, or willful misconduct, of City, or its elected officials,
officers, employees,agents or volunteers, in connection with its operation of the
Redlands Community Center.
ARTICLE 8. MISCELLANEOUS
Section 8.01. U of R 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.
Section 8.02. 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 University of Redlands at 1200 E Colton Ave, Redlands, Ca 92373 or to
City at111 W. Lugonia Avenue, P.O. Box 3005, Redlands, CA92373. U of R and City
may change their respective addresses for the purpose of this section by giving
written notice of that change to the other Party in the manner provided in this
section.
Section 8.03. This Agreement constitutes the entire agreement between City
and U of R respecting U of R's use of the Premises, and correctly sets forth the
obligations of City and U of R to each other as of its Effective Date.Any agreements
or representations between the Parties respecting the Premises not expressly set
forth in this Agreement are null and void.
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Section 8.04. 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, including fees for use of in-house counsel by a Party.
Section 8.05.This Agreement may be terminated by either Party by giving
ninety (90)days prior written notice to the other Party.
Executed at Redlands, California.
CITY OF REDLANDS UNIVERSITY OF REDLANDS
Pete Aguilar, Mayor o u er, Director
Of i e of Community Service Learning
ATTEST:
4:�z
Sam Irwin ty Clerk
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