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HomeMy WebLinkAboutContracts & Agreements_21-1984_CCv0001.pdf RESOLUTION NO. 3996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FRIENDS OF PROSPECT PARK RELATING TO IMPROVEMENTS AND SOLICITATION OF FUNDS FOR PROSPECT PARK By it hereby resolved by the City Council of the City of Redlands as follows : SECTION ONE. The City Manager of the City of Redlands is hereby authorized and directed to execute on behalf of said City an Agreement with the Friends of Prospect Park, a local non- profit group, relating to the improvements and soliciting for funds for Prospect Park, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference. ADOPTED, SIGNED AND APPROVED this 16th day of October 1984 . Mayor of the City of Redlands ATTEST: C Clerk I hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Redlands at a regular meeting thereof, held on the 16th day of October 1984 , by the following %rote AYES : Councilmembers Johnson, DeMirjyn, Martinez, Larsen; • Mayor Beswick NOES : None ABSENT: None Cit r-lerk 1' Exhibit "A" PROSPECT PARK AGREEMENT THIS AGREEMENT is made and entered into this 16th day of October, 1984 , by and between the City of Redlands , a municipal corporation and the Friends of Prospect Park, Inc. , a non-profit corporation, hereinafter referred to as "Friends. " City and Friends agree as follows : 1. Recitals a. City owns a park within the city limits known as Prospect Park located at the southwest corner of Cajon and Highland Streets. b. Friends are desirous of raising funds to assist the City in the development and maintenance of Prospect Park and promoting Prospect Park. C. It is in the public interest to both parties to share jointly in the development and maintenance of said park as hereinabove described in order to fully utilize said park for the benefit of the citizens of the City of Redlands and the State of California. d. Both parties hereto desire to share jointly in the further development and the maintenance of said park in order to provide for park and recreation activities . 2. Term The term of this agreement shall be for a period of twenty-five (25) years commencing July 1, 1984 and ending June 30, 2009. The term herein provided may be extended from time to time by the mutual written agreement of both parties . 3 . Design and Installation of Facilities Friends shall be permitted to design and construct or install necessary apparatus and structures in order to provide multiple park and recreational use and parking on the park grounds here- inabove described. Improvements provided by the Friends here- under shall be located in accordance with the mutual agreement of the parties. Any improvements constructed by the Friends hereunder shall be in accordance with City' s specifications and City and State Codes and the joint requirements of the parties hereto. 4 . Location and Ownershi The improvements as provided herein shall be maintained on the aforedescribed Prospect Park grounds and shall at all times be and remain the property of the City. City, at its discretion, may add improvements to said City park. 5. Cost of Construction Mutual agreement of payment of costs for construction and improvement shall be accomplished prior to the work having been assigned. 6. Maintenance of Improvements Mutual agreement on maintenance of improvements shall be accomplished prior to the construction of said improvements . 7. Utilities City shall bear the cost of all utilities necessary for the maintenance and operation of Prospect Park. 8. Hold Harmless Friends agree to indemnify and hold City harmless from any loss, liability, claim, suit or judgement resulting from work done or omitted by the Friends in carrying out this agreement. Additionally, the City agrees to indemnify and hold Friends harmless from any loss, liability, claim, suit or judgement arising out of public park use of the grounds covered by this agreement by members of the public when said grounds are not in use for a Friends sponsored event. City agrees to indemnify and hold Friends harmless from any loss , liability, claim, suit or judgement resulting from work or acts done or omitted by City in carrying out this agreement. 9 . Rules and Regulations City and Friends agree to jointly formulate rules and regula- tions for use of said park grounds and to enforce said rules for their respective uses provided for herein. Said rules are subject to the review and approval of the Parks Commission. 2 10. Non-Assignable Both parties agree not to assign any right or privilege connected with this agreement. 11 . Grants by State of California It is understood and agreed by the parties hereto that the terms and provisions of this agreement are contingent upon the awarding by the State of California, Department of Parks and Recreation, of grants for this project. 12. Notices All notices herein required shall be in writing and delivered in person, or sent by first class mail, postage prepaid, addressed as follows : City of Redlands Friends of Prospect Park, Inc. Community Services Dept. Board of Directors P. 0. Box 280 P. 0. Box 566 Redlands, CA 92373 Redlands, CA 92373 13 . Entire Agreement This agreement represents the entire agreement between the parties hereto, and said agreement can only be amended by a written agreement executed by both parties . IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first hereinabove written. CITY OF REDLANDS h Mayor of the City of Redlands _— FRIENDS OF PROSPECT PARK, INC. ATTEST: retident Cify Clerk r' • 3