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HomeMy WebLinkAboutContracts & Agreements_44-1985_CCv0001.pdf AGREEMENT WITH THE REDLANDS Y.M.C.A. THIS AGREEMENT is made and entered into this 17th day Of December 1985, by and between the City of Redlands, a municipal corporation, hereinafter referred to as "City" , and the Redlands Y.M.C.A. , a non-profit organization, hereinafter referred to as "Y". kURP= The purpose of this agreement is for the joint use of the softball field located at 500 East Citrus Avenue, Redlands, California. RECITALS a. The "Y" is the property owner of the softball field. b. It is in the public interest to both parties to share jointly in the development and maintenance of the softball field located on said property in order to fully utilize the athletic field. C. Both parties hereto desire to share jointly in the further development and maintenance of said property in order to provide for expansion of recreation programs for the citizens of the Redlands area. CM AM !MI AGM AS FOUMU 1. TIM The term of this agreement shall be for a period of one (1) year commencing January 1, 1986 and ending on December 31, 1986. The term hereinafter may be extended from year to year by the mutual written agreement of both parties. 2. Dy,51_QV A U, 11j5TALLAT1_0N QE lypRoyT ENEh _S City shall be permitted to design and construct or install necessary apparatus and structures in order to provide enhancement of programs on the grounds hereinabove described. Any improvements constructed by City hereunder shall be in accordance with "Y's" specifications and the joint requirements of the parties hereto. 3. LQCA=B AND OFILERBEU The installed improvements by City, as provided herein, shall be maintained on the aforedescribed softball field and shall at all times be and remain the property of the City. "Yn may, at its discretion, add improvements to the softball field. 4. = OFGIC City shall assume and pay all cost of construction to provide athletic program improvements. 5. EydLCIM City shall install additional fencing that may become necessary for the use of the recreation program at the aforementioned site. The location of the fences shall be made by City with prior written approval of "Yn and in accordance with "Y' s" specifications. 6. kRO DF PF YAICALISM Willful damage to the athletic field and all its apparatus and structures, shall be investigated by a representative from the "Y" and by a representative of the City. If adequate proof for damage can be determined to be that of "Y" related programs or activities, then the cost of repairs for said damage shall be borne by the "Y". 7. BAF_ET-y The facility at all times is to be operated in accordance with established safety standards. "Y" and City representatives agree to report all safety hazards to the City. City and "Y" agree to correct any identified safety hazards within a reasonable length of time and costs to be borne by respective party for own properties. 8. CEAM-hi ARD D-QBATIDM it is understood and agreed by the parties hereto that the terms and provisions of all grants and donations obtained by either party must be approved and agreed to be both parties which may have an impact on the provisions provided herein. 9. B-QLD BARMLIB-S City agrees to indemnify and hold "Y" harmless from any loss, liability, claim, suit, or judgment resulting from work done or committed by the City in carrying out this agreement. Additionally, the City agrees to indemnify and hold "Y" harmless from any loss, liability, claim suit or judgment arising out of public use of the softball field by members of the public when "Y" programs are not in session at the field. "Y" agrees to indemnify and hold City harmless from any loss, liability, claim, suit, or judgment resulting from work or acts done or omitted by "Y" in carrying out this agreement. Additionally, the "Y" agrees to indemnify and hold City harmless from loss,liability, claim, suit or judgment arising out of use of the softball field by this agreement when "Y" programs are in session. 10. CANUILAZLU Ah—D _U2_WN City shall have the option to discuss the purchase of the softball field hereinabove described in the event the "Y", in its sole discretion, determines the softball field is no longer needed for "Y" purposes. In the event the softball field is sold by the "Y', "Y" may declare this agreement to be cancelled, in which event City shall be entitled to remove any improvements constructed by City. This agreement may be cancelled by either party upon notice in writing. The cancellation of the agreement shall become effective forty five (45) days after the issuance of the letter of intention. Both parties agree not to assign any right or privilege connected with this agreement. Any and all contractees of the City are subject to any and all sections of this agreement under City. 12. RUENUES Any and all revenues generated by City programs at the aforementioned site shall be utilized to offset the costs of maintenance and operations. 13. UTILITI-0 a) The City agrees to pay one-half of the cost of metered water at the softball field. b) The City agrees to pay the full cost of metered electricity to illuminate the playing field. 14. INT NCS a) City shall perform mowing and trimming tasks in order to have a safe playable surface on the grass. b) City will make appropriate adjustments to the irrigation system as necessary to coordinate with program usage. c) City agrees to replace burnt lamps on pole fixtures and make necessary adjustments to lighting. d) City agrees to perform clean up of all City sponsored activities. e) Moving of bleachers, for the purposes of making seating available to spectators, will be moved by City, from time to time, and in addition City agrees relocate bleachers for purposes of providing seating for the Y-Circus Program. 15. CQNTROI a) No games or practices will be allowed on the softball field during the event periods of the Y-Circus. b) City to maintain control of lighting schedule and lighting system. c) During City sponsored events, conduct of players and spectators will be monitored so that principles of good sportsmanship are constantly practiced. d) All City sponsored activities shall terminate by 11 :00 P.M. 16. USAGE a) City agrees not to schedule City sponsored activities prior to 6:00 p.m. , Monday through Friday. b) City agrees to provide to "Y" a schedule of programs one (1) week prior to each event. c) City to provide liability insurance for all sponsored activities. 17. N-QTISM 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 Redlands Y.M.C.A. Community Services Dept. General Director P. G. Box 280 500 East Citrus Avenue Redlands, CA 92373 Redlands, CA 92373 18. EMI RN E AQRLE-ME_ —T 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 Redlands Y.M.C.A. Carole Beswick, Mayor Genera D e t r ATTEST: C' ' Clerk