The URL can be used to link to this page

Home My WebLink AboutContracts & Agreements_73a-2000_CCv0001.pdf San Bernardino, Larry Walker, Recoraer No Fee Doc No . 20000261720 PLEASE COMPLETE THIS INFORMATION 0' am 07/24/00 RECORDING REQUESTED BY AND 205 20259690 02 21 WHEN RECORDED MAIL TO. CITY CLERK'S OFFICE 1 2 3 ' PC FEE APF GIMS PH CPY CRT PY-ADD NNI PEN PR PCOR P.O. BOX 3005 6_ 15 CHRIG XAM REDLANDS,CA 92373 NON ST LN S-Y CIT-CO ANS TAX , DA CITY OF REDLANDS RENTAL AGREEMENT FEES NOT REQUIRED PER GOVERNMENT CODE Preamble SECTION 6103 This Agreement is made and entered into this 18th day of July,2000,by and between the City of Redlands, a municipal corporation, ("Landlord"), and Inland Empire Stars Baseball Team ("Tenant"). Landlord, for and in consideration of the obligations to be performed by Tenant under this Agreement, hereby rents to Tenant, and Tenant agrees to rent from Landlord, the following: Community Park, Fields I through 4, Redlands, California(the "Premises"). Term Section L The term of this Agreement shall be from September 1, 2000 through December 31, 2000, unless terminated earlier by Landlord or Tenant by providing thirty (30) days written notice of such termination to the other party. Rent Section 2. Tenant shall perform field maintenance services in lieu of the payment of rent for the Premises. Improvements and maintenance expenses shall total a minimum ofEight Thousand Dollars ($8,00.00) during the term of this Agreement. Copies of receipts and other documents validating the maintenance effort shall be submitted to Landlord at the conclusion of the term of this Agreement at the office of Landlord at 30 Cajon Street, Redlands, California. Permitted Use Section 3. During the term of this Agreement the Premises shall be used by Tenant for the exclusive purpose of conducting youth baseball programs. Operation of Business Section 4. During the term of this Agreement, Tenant shall, unless prevented by conditions beyond Tenant's control, conduct business of the type and nature specified in Section 3) 1 of this Agreement on the Premises in a diligent and business-like manner. The Premises shall be used at the discretion of Tenant for practices and games, provided the dates requested for use have been approved and calendared by Landlord. Baseball programs may be scheduled at any time after 4i00 p,m, week days, upon approval of Landlord and Junior All American Football. The fields may be used all day Sundays. The Premises shall be available to the public when not in active use by Tenant. Requests for additional field use shall be submitted,in writing,to the Community Services Division Manager thirty Q 0)days prior to the intended date of use. These requests may be subject to approval by the Recreation Commission and/or City Council, Maintenance and Preparation Section 5. Tenant shall provide routine maintenance and preparation to the Premises, defined for the purpose of this Agreement as: watering, repair and maintenance of existing park sprinkler systems, mowing and general maintenance of the grounds surrounding the fields. Maintenance services shall be performed in accordance with the City's standards. Tenant shall provide specialized maintenance of the field, defined for the purpose of this Agreement as: fertilization, annual sodding and/or seeding to replenish worn areas, leveling/smoothing of low spots or worn areas and application of brick dust. Additional maintenance and preparation work may be performed on site upon mutual approval of the parties to this Agreement Insurance Hazards Section 6. Tenant shall not commit or permit the commission of any acts on the Premises nor use or permit the use of the Premises in any manner that will increase the existing rates for or cause the cancellation of any fire, liability, or other insurance policy insuring the Premises or the improvements on the Premises. Tenant shall, at.its own cost and expense, comply with any and all requirements ofLandlord's insurance carriers necessary for the continued maintenance at reasonable rates of fire and liability insurance policies on the Premises and the improvements on the Premises, Waste or Nuisance Section 7. Tenant shall not commit,or permit the commission by others of,any waste on the Premises. Tenant shall not maintain, commit or permit the maintenance or commission of any 2 nuisance on the Premises as defined in Civil Code Section 3479, and Tenant shall not use or permit the use of the Premises for any unlawful purpose. Compliance with Laws Section 8. Tenant shall, at Tenant's own cost and expense, comply with all statutes, ordinances,regulations,and requirements of all governmental entities,including federal,state,county and municipal relating to Tenant's use and occupancy of the Premises whether those statutes, ordinances, regulations, and requirements are now in force or are subsequently enacted. The judgement of any court of competent jurisdiction,or the admission by Tenant in a proceeding brought against Tenant by any governmental entity, that Tenant has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Landlord and Tenant and shall constitute grounds for termination of this Agreement by Landlord. Utilities Section 9. Tenant shall pay, and hold Landlord free and harmless from, all charges for the furnishing of electricity for storage areas, snack facilities and field lighting to the Premises during the term of this Agreement. Tenant shall pay electrical charges directly to provider. Indemnity and Insurance Section 10. Tenant shall defend, indemnify, and save Landlord and its elected officials, officers, employees and agents harmless from and against any all liability to Tenant and third parties resulting from Tenant's,and its agents', employees' and invitees'occupation and use of the Premises, specifically including without limitation. any claim, liability, loss, or damage arising by reason of a) The death or injury of any person or persons, including Tenant or any person who is an employee or agent of Tenant, or by reason ofthe damage to or destruction of any property, including property owned by Tenant or any person who is an employee or agent of Tenant, and caused or allegedly caused by either the condition of the Premises, or some act or omission of Tenant or of some agent, contractor, employee, servant, subtenant, invitee or concessionaire of Tenant on the Premises-, b) Any work performed on the Premises or materials furnished to the Premises at the insistence or request of Tenant or any agent or employee of Tenant; and c) Tenant's failure to perform any provision of this Agreement or to comply with any 3 requirement of law or any requirement imposed on Landlord or the Premises by any duly authorized governmental agency. Public Liability and Property Damage Insurance Section 11. Tenant 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 Landlord and insuring Landlord against loss or liability caused by or connected with Tenant's occupation and use of the Premises 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 Tenant 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 Landlord. Tenant shall, by September 1, 2000, deposit with Landlord a certificate showing that insurance to be in full force and effect. c) The insurance required by this section shall name Landlord as an additional insured and such insurance shall be primary and non-contributing to any other insurance or self-insurance maintained by Landlord. Tenant's Personal Property Section 12. Tenant shall, during the full term of this Agreement maintain at Tenant's 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 Premises against damage or destruction by fire,theft or the elements. Cancellation Requirements Section 13. Each of the insurance policies shall be in a form reasonably satisfactory to Landlord and shall carry an endorsement that, before changing or canceling any policy, the issuing 4 any shall give Landlord at least 30 days' prior written notice, Duplicate originals or insurance comp certificates of all such insurance policies shall be delivered to Landlord. Restriction Against Subletting or Assignment Section 14. Tenant shall not encumber, assign, or otherwise transfer this Agreement, any right or interest in this Agreement,or any right or interest in the Premises or any ofthe improvements that may now or hereafter be constructed or installed on the Premises without first obtaining the express written consent of Landlord. Tenant shall not sublet the Premises or any part ofthe Premises or allow any other person, other than Tenant's agents, servants, employees, and invitees to occupy the Premises or any part of the Premises without the prior written consent of Landlord. The consent by Landlord to one assignment,one subletting,or one occupation of the Premises by another person shall not be deemed to be a consent to any subsequent assignment, subletting or occupation of the Premises by another person. Any encumbrance, assignment, transfer or subletting without the prior written consent of Landlord, whether voluntary or involuntary, by operation of law or otherwise, is void and shall at the option of Landlord, result in the termination of this Agreement. The consent of Landlord to any assignment of Tenant's interest in this Agreement or the subletting by Tenant ofthe Premises or parts of the Premises shall not be unreasonably withheld. Attorneys'Fees Section 15. 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. Notices Section 16. 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 patty 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 pre-paid,addressed to Tenant at Chris Glaze, 1613 E. Crestview Road, Redlands, CA 92374; or to Landlord at 30 Cajon Street,Redlands., California, 92373. Either party,tenant or Landlord,may change its address for the purpose ofthis section by giving written notice of that change to the other party in the manner 5 provided in this section. PossessoryInterest Section 17. in accordance with California Revenue and Tax Code Section 107.6,Landlord is hereby notifying Tenant that the leasehold interest created by this Lease may be subject to property taxation and,Lessee may be subject to the payment of property taxes levied on such interest. Lessee shall be solely responsible for the payment of such taxes and shall defend, indemnify and hold Landlord harmless from and against any and all claims or actions for such taxes. Entire Agreement Section 18. This instrument constitutes the entire agreement between Landlord and Tenant respecting the Premises, the leasing of the Premises to Tenant, or the term created under this Agreement, and correctly sets forth the obligations of Landlord and Tenant to each other as of its date. Any agreements or representations respecting the Premises or their renting by Landlord to Tenant not expressly set forth in this instrument are null and void. Time of Essence Section 19. Time is expressly declared to be of the essence in this Agreement. Executed on at Redlands, California. 6 CITY OF REDLANDS (LANDLORD) ATTEST: Mayor City Clerk INLAND EMPIRE STARS (TENANT) 7 - Y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rr. -5�`�5�. ti;4c'�r,�r�'>.�t��/�`5��.'��'4�'!4��5<`�^�'`�'�i��'�4✓`�'�ec��;��_��v"�:��c,��;.47� State of California ss. County of 5 ar, Bernardino C' g ala Sim on Nafa�y On Sud 11 2000 before me, rCr► (� Name and Tdie of Officer(e.g. Jane Doe.Nc �� t Chr/s Gla �, personally appeared Nameis�of slgnar(s) x personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and r: acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their BRENDA SUT[ON signature(s) on the instrument the person(s), or CO"vnkdcn the entity upon behalf of which the person(s) ' Nofary pubic•C7o�a acted, executed the instrument. San Bemardlno tom► My carrnn.Expires Feb 13�i4 ? WITNESS my hand and official seal_ Signature of Notary Peptic fii :.ace Nofary Seal Above OPTIONAL " Thou_q,h the information below is not required by law. it may Prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: — r, Number of Pages: —�_——_--- Document Date: _3y t$'_?000 Signer(s) Other Than Named Above:___ .— ----------- _ ' Capacity(ies) Claimed by Signerry � G •Signer s Name: r�r ift here Individual Corporate Officer—Title(s): Partner—_ Limited _:General 6 Attorney in Fact Trustee Guardian or Conservator Other: Tenant ----- ----- B45 eam ) Signer is Representing: ___---- — -- --- — -- c L.2;L`-,C.'r"'�` �,r.,.-; �:�C<;`±'�;?'�.�.r-.C,•t`.,�;r--E;L�;�,C.`�;,4=C.�C.�;G��;G'C.C%�`-c,1�c�c.-<.'�--t. -i.'�:- P.O.Box 2402•Chatsworth.CA 9i 313-2402•www-nationalrrotary-aeg prod.No.5Io()' FiE.-v- ,^*Toee Toll Fr C 1959 Nar,,n[ ",Ass= i-800 8 8-6822 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on July 18, 2000, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Pat Gilbreath and Lorrie Poyzer I Xj personally known to me - or - I I proved to me on the basis of satisfactory evidence to be the persons whose names) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Z 0r L4 ''ir LORRIE POYZER, CITY CLERK 4, 01 By 1888 Beatrice Sanchez, Deputy City Clem (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneselUthemselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust x Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, California THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title of Document: Rental Agreement Date of Document: July 18, 2000 Signer(s) Other Than Named Above: Chris Glaze - Inland Empire Stars Baseball Team