HomeMy WebLinkAboutContracts & Agreements_37-2011_CCv0001.pdf CITY OF REDLANDS
PARK USE AGREEMENT
This park use agreement("Agreement")is made and entered into this 5`h day of April,2011,
by and between the City of Redlands, a municipal corporation ('City"), and Los Gauchos Soccer
Club ("Los Gauchos"). City and Los Gauchos are sometime individually referred to herein as a
"Party" and, together, as the "Parties." City, for and in consideration of the obligations to be
performed by Los Gauchos under this Agreement, hereby permits Los Gauchos to use the soccer
field at City's Crafton Parr (the "Soccer Field") on the terms and conditions provided for herein.
AGREEMENT
Section 1. Term. The term of this Agreement shall be from April 5,2011 through March
31, 2016, unless terminated earlier by City or Los Gauchos by providing ninety (90) days prior
written notice of such termination to the other Party.
Section 2. Rent. Los Gauchos shall perform field maintenance services in lieu of the
payment of fees for use of the Soccer Field. The value of the maintenance services shall total a
minimum of Seven Thousand Five Dollars($7500)per year,as determined in the sole discretion of
City. Copies of receipts and other documents evidencing the maintenance services 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.
Section 3. Permitted Use. During the term of this Agreement,the Soccer Field shall be
used by Los Gauchos for the exclusive purpose of conducting youth club soccer programs.
Section 4. Operation of Program. During the term of this Agreement, Los Gauchos
shall, unless prevented by conditions beyond Los Gauchos' control, conduct its youth club soccer
programs on the Soccer Field in a diligent and business-like manner. The Soccer Field shall be used
at the discretion of Los Gauchos for practices and games,provided the dates requested for use have
been approved and calendared by City.
Soccer programs may be scheduled at any time after 4:40 p.m.week days. The Soccer Field
may be used all day Saturdays and shall remain open to the general public on Sundays, and the
Soccer Field shall otherwise be available to the public when not in use by Los Gauchos. Requests
for additional field use shall be submitted, in writing, to the City's Recreation Division thirty(30)
days prior to the requested date of use. Such requests may be subject to approval by the Parks and
Recreation Advisory Commission and/or City Council.
Section 5. Maintenance and Preparation. City shall provide routine maintenance and
preparation of the Soccer Field, defined for the purpose of this Agreement as: watering, repair and
maintenance of existing park sprinkler systems,and mowing and general maintenance of the grounds
surrounding the Soccer Field. Los Gauchos shall submit maintenance schedule in advance to City for
approval. Los Gauchos shall be responsible for all sprinkler repairs and replacement to the irrigation
for the soccer field. Maintenance services shall be performed in accordance with the City's current
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field maintenance schedule.
Los Gauchos shall provide specialized maintenance for the Soccer 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. Los Gauchos shall also be solely responsible for the
maintenance,repairs and replacement of lights and lighting equipment. Temporary fencing may be
installed to protect the soccer field during rejuvenation. Soccer Field closures shall not exceed
ninety(90)days in any one year. Additional maintenance and preparation work may be performed
on site upon subsequent written agreement of the Parties.
Section 6. Insurance Hazards. Los Gauchos shall not commit or permit the commission
of any acts on the Soccer Field nor use or permit the use of the Soccer Field in any manner that will
increase the existing rates for or cause the cancellation of any fire,liability,or other insurance policy
insuring the Soccer Field or the improvements on the Soccer Field. Los Gauchos 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 Soccer Field
and the improvements on the Soccer Field.
Section 7. Waste or Nuisance. Los Gauchos shall not commit,or permit the commission
by others of, any waste on the Soccer Field. Los Gauchos shall not maintain, commit or permit the
maintenance or commission of any nuisance on the Soccer Field as defined in Civil Code Section
3479,and Los Gauchos shall not use or permit the use of the Soccer Field for any unlawful purpose.
Section 8. Compliance with Laws. Los Gauchos shall, at Los Gauchos' own cost and
expense, comply with all statutes, ordinances, regulations, and requirements of all governmental
entities,including federal,state,county and municipal relating to Los Gauchos'use and occupancy of
the Soccer Field 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 Los Gauchos in a proceeding brought against Los Gauchos by any governmental entity,that Los
Gauchos has violated any such statute,ordinance,regulation, or requirement shall be conclusive as
between City and Los Gauchos and shall constitute grounds for termination of this Agreement by
City.
Section 9. Utilities. Los Gauchos 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
Soccer Field during the term of this Agreement. Los Gauchos shall pay all electrical charges directly
to providers.
Section 10. Indemnity and Insurance. Los Gauchos shall defend, indemnify, and save
City and its elected officials, officers, employees and agents harmless from and against any all
liability to Los Gauchos and third parties resulting from Los Gauchos', and its agents', employees'
and invitees'occupation and use of the Soccer Field, specifically including without limitation,any
claim, liability, loss, or damage arising by reason of:
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(a) The death or injury of any person or persons,including Los Gauchos or any person who
is an employee or agent of Los Gauchos, or by reason of the damage to or destruction of any
property, including property owned by Los Gauchos or any person who is an employee or agent of
Los Gauchos,and caused or allegedly caused by either the condition of the Soccer Field,or some act
or omission of Los Gauchos or of some agent, contractor,employee, servant, subtenant, invitee or
concessionaire of Los Gauchos on the Soccer Field;
(b) Any work performed on the Soccer Field or materials furnished to the Soccer Field at the
insistence or request of Los Gauchos or any agent or employee of Los Gauchos; and
(e) Los Gauchos' failure to perform any provision of this Agreement or to comply with any
requirement of law or any requirement imposed on City or the Soccer Field by any duly authorized
governmental agency.
Section 11. Insurance. Los Gauchos 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 Los Gauchos'occupation and use of the Soccer Field 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 Los Gauchos 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. Los Gauchos shall, by February 15th of each year of this Agreement, deposit with City a
certificate showing that insurance to be in full force and effect.
(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.
Section 12. Personal Property. Los Gauchos shall,during the full term of this Agreement
maintain at Los Gauchos'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 at any time during the term of this Agreement, in or on the Soccer Field
against damage or destruction by fire, theft or the elements.
Section 13. Cancellation Requirements. 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
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originals or certificates of all such insurance policies shall be delivered to City.
Section 14. Subletting or Assignment. Los Gauchos shall not encumber, assign, or
otherwise transfer this Agreement, any right or interest in this Agreement,or any right or interest in
the Soccer Field or any of the improvements that may now or hereafter be constructed or installed on
the Soccer Field without first obtaining the express written consent of City. Los Gauchos shall not
sublet the Soccer Field or any part of the Soccer Field or allow any other person, other than Los
Gauchos' agents, servants, employees, and invitees to occupy the Soccer Field or any part of the
Soccer Field without the prior written consent of City. The consent by City to one assignment,one
subletting, or one occupation of the Soccer Field by another person shall not be deemed to be a
consent to any subsequent assignment, subletting or occupation of the Soccer Field 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
Los Gauchos'interest in this Agreement or the subletting by Los Gauchos of the Soccer Field or parts
of the Soccer Field shall not be unreasonably withheld.
Section 15. Attorneys' Fees. 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 recovery of its reasonable attorneys'fees,including fees for use of in-house
counsel by a Party.
Section 16. Notices. 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
prepaid,addressed to Los Gauchos at P.O.Box 3005,Redlands,California,92373 or to City at 111
W. Lugonia Avenue, Redlands, California, 92374. Either Party, 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.
Section 17. Entire Agreement. This Agreement constitutes the entire agreement between
City and Los Gauchos respecting use of the Soccer Field by Los Gauchos,and correctly sets forth the
obligations of City and Los Gauchos to each other as of its date. Any agreements or representations
respecting the use of the Soccer Field by Los Gauchos not expressly set forth in this Agreement are
null and void.
Section 18. Time of Essence. Time is expressly declared to be of the essence in this
Agreement.
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Executed on April 5. 2011, at Redlands. California.
CITY OF ]�EDLANDS (CITY) ATTEST:
Pete Agguilar. Mayor Sam Irwin, City Cl rk
LOS GAUCHOS SOCCER CLUB
(LOS GAUCHOS)
Tom Crowl T.President
,j
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