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.
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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' •
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