HomeMy WebLinkAboutContracts & Agreements_43-2013_CCv0001.pdf COUNCIL AGENDA ITEM NO. M-1
COUNCIL MEETING OF 3/19/13
AGREEMENT FOR JOINT USE OF FACILITIES
This agreement for joint use of facilities ("Agreement") is made and entered into this
19th day of March, 2013 ("Effective Date"). by and between the City of Redlands, a municipal
corporation(hereafter referred to as "City") and the Grove School, a non-profit organization
(hereafter referred to as "School"),who are each sometimes individually referred to herein as a
"Party" and,together, as the"Parties."
RECITALS
WHEREAS. School and City, respectively, own and operate certain school building's and
grounds, and a community center gymnasium, located within the City of Redlands and which
are identified in Exhibit"A,"attached hereto and incorporated herein by this reference (the
"Grounds and Facilities"); and
WHEREAS, it is in the best interests of the public for the Parties to share use of their
respective Grounds and Facilities in order to efficiently and economically utilize the Grounds
and Facilities for the benefit of the residents of City;
NOW,THEREFORE, in consideration of the mutual promises contained herein, and for
such other good and valuable consideration, the receipt of which is hereby acknowledged, the
City of Redlands and the School agree as follows:
AGREEMENT
I TERM. The term of this Agreement shall commence on its Effective Date,and shall
continue either until terminated as provided for herein, or until School's lease with
City of the facility located at 200 Nevada Street expires.
2. FEES. City shall not charge School any fees for use of City Grounds and Facilities;
however, School shall pay to City all City-incurred personnel costs resulting from
School's use of City Grounds and Facilities. Likewise, School shall not charge City
any fees for use of School's Grounds and Facilities-, however,. City shall pay all
School-incurred personnel costs resulting from City's use of School Grounds and
Facilities.
3. MAINTENANCE. City shall be solely responsible for maintaining City Grounds and
Facilities. School shall be solely responsible for maintaining School Grounds and
Facilities. Maintenance includes, but is not limited to, the removal of garbage and
debris,painting and repairing facilities, cleaning floors, maintaining lights and
lighting systems and other building and ground preventative maintenance deemed
necessary by City and School.
4. UTILITIES. City shall supply and bear the cost of all utilities used to maintain City
Grounds and Facilities. School shall supply and bear the cost of all utilities used to
maintain School Grounds and facilities.
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5. CITY EQUIPMENT/FACILITIES ON SCHOOL GROUNDS. City equipment
located on School Grounds shall remain the property of City, and City shall be solely
responsible for the maintenance of such equipment. School shall use City equipment
and facilities as provided herein. City shall be entitled to remove any City equipment
located on School Grounds.
6. DAMAGES. Willful damage to City and/or School Grounds and Facilities shall be
investigated by representatives of City and School. If adequate proof for damage can
be determined to be that of City-related programs or activities, then costs and repairs
of such damage shall be borne by City. Likewise, if adequate proof for damage can be
determined to be that of School-related programs or activities, then cost of repairs of
such damage shall be borne by School. If it cannot be reasonably determined when
the damage occurred, the cost of said repair shall be divided equally between Parties.
7. MAINTENANCE AND SAFETY. The Grounds and Facilities shall,at all times, be
maintained and operated in accordance with established safety standards. City and
School representatives shall report any and all possible safety hazards that come to
the attention of such representatives to the appropriate entity. City shall be
responsible for correcting any identified safety hazards on City Grounds and
Facilities and City-owned equipment on School grounds. School shall be responsible
for correcting any identified safety hazards on School Grounds and Facilities.
8. USE OF GROUNDS AND FACILITIES APPLICATION. All Grounds and
Facilities shall be operated for the benefit of the residents of the Redlands area and
shall be available to such persons during established hours of operations as agreed to
by City and School. School Grounds and Facilities shall not be used by City during
school hours and school-related activities. The City's request for use of School
Facilities shall include dates and times, a description of the use for the public benefit,
must not interfere with school operations and be subject to scheduling approval by the
school. City shall schedule School Grounds and Facilities in accordance with
School's established procedures. School shall schedule City Grounds and Facilities
with the City's established procedures.
9. INSURANCE. City and School shall maintain adequate liability insurance,or shall
self-insure, for property damage and bodily injury arising out of their respective
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activities under this Agreement. The Parties shall name each other as additional
insureds on any such policies and provide each other with certificates of insurance
evidencing the same within ten (10) days of the Effective Date of this Agreement.
10. HOLD HARMLESS. City shall defend, indemnify and hold School harmless from
any and all damages, losses, liability, claims, suits and judgments resulting from work
done or omitted by City in connection with this Agreement. Additionally, City shall
defend, indemnify and hold School harmless from any loss, liability, claim suit or
judgment arising out of public use of School Grounds and Facilities by members of
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the public when school is not in session, and such Grounds and Facilities are in use
for City sponsored events and activities.
11. TERMINATION. This Agreement may be terminated, by either Party upon thirty
(3)0) days prior written notice to the other Party.
12. ASSIGNMENT. This Agreement shall not be assigned by either Party without the
prior written consent of the other Party. Any assignment or attempted assignment
without such consent shall result in the immediate termination of this Agreement.
13. NOTICES. All notices to be given under this Agreement shall be in writing and
delivered in person, or sent by first class mail, postage prepaid, addressed as follows:
City Clerk Administration
City of Redlands Grove School
P.O.Box 3005 200 Nevada Street
Redlands, California 92373 Redlands, California 92373
Notice shall be effective on the date it is delivered in person, or, if mailed,on the date
of deposit in the United States Mail. A Party may change its address for notices by
providing notice of the same to the other Party as provided for in this section 13.
14. ENTIRE AGREEMENT/AMENDMENT. This Agreement represents the entire
agreement between the Parties as to the matters contained herein, and shall be
amended only by written agreement executed by the Parties.
IN WITNESS WHEREOF the Parties hereto have executed this Agreement.
CITY OF REDLANDS GROVE SCHOOL
Pete Aguilar, Mayor Gena Engelfrid,#oard President
Attest:
Sam Irwin,-eitytJerk
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EXHIBIT "A"
City parks and building facilities included in this Agreement:
■ Redlands Community Center Gymnasium
School grounds and facilities included in this Agreement:
■ Groves School classrooms, barn and grounds at 11126 Iowa Street, Redlands 92373
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