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Recorded in official Records, County of
RECORONG REQUESTED BY: San Bernardino, Larry Walker, Recorder
No Fee
M [SOC No . 19990385638
pm 09/ 13/99
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THIS COVER SHEET AWED TO PROVIDE ADEQUATE SPACEFOR RECORDING INFORMATION
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PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY CLERK'S OFFICE
P.O.BOX 3005
` REDLANDS,CA 92373
CITY OR REDLANDS
RENTAL AGREEMENT
PREAMBLE
This Agreement is made and entered into this f thday of Sept. , 1999, by and between the
City of Redlands, a municipal corporation, ("City"), and Inland Empire Stars Baseball Team
("Team"). City, for and in consideration of the obligations to be performed by Team under this
Agreement, hereby rents to Team, and Team agrees to rent from City, the following: Community
Park, Fields 1 through 4, Redlands, California(the "Premises").
Section 1. Term. The term of this Agreement shall be from September 1, 1999 through
December 31, 1999,unless terminated earlier by City or Team by providing thirty(30)days written
notice of such termination to the other party.
Section 2. Rent. Team shall perform field maintenance services in lieu of the payment of
rent for the Premises. Improvements and maintenance expenses shall total a minimum of Eight
Thousand Dollars ($8,000.00) during the term of this Agreement. Copies of receipts and other
documents validating the maintenance effort shall be submitted to City at the conclusion of the term
of this Agreement at the office of City at 35 Cajon Street, Redlands, California.
Section 3. Permitted Use. During the term of this Agreement the Premises shall be used by
Team for the exclusive purpose of conducting youth baseball programs.
Section 4 Operation of Business During the term of this Agreement, Team shall, unless
prevented by conditions beyond Team's control, conduct business of the type and nature specified
in Section 3 of this Agreement on the Premises in a diligent and business-like manner. The Premises
shall be used at the discretion of Team for practices and games,provided the dates requested for use
have been approved and calendared by City.
Baseball programs may be scheduled at any time after 4:00 p.m. week days, upon approval
of City 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 Team. Requests for additional field use
shall be submitted,in writing, to the Community Services Division Manager thirty(30)days prior
to the intended date of use.These requests may be subject to approval by the Recreation Commission
and/or City Council.
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Section 5. Maintenance and Prearation. Team 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 maintenan
standards. ce of the grounds
surrounding the fields. Maintenance services shall be performed in accordance with the City's
Team 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
Section 6 Insurance Hazards Team 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. Team shall, at its own cost and expense, comply
with any and all requirements of City'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.
Section 7 Waste or Nuisance Team shall not commit, or permit the commission by others
of, any waste on the Premises. Team shall not maintain, commit or permit the maintenance or
commission of any nuisance on the Premises as defined in Civil Code Section 3479,and Team shall
not use or permit the use of the Premises for any unlawful purpose.
Section 8 Compliance with Laws Team shall, at Team'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 Team'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 Team in a
proceeding brought against Team by any governmental entity, that Team has violated any such
statute,ordinance,regulation,or requirement shall be conclusive as between City and Team and shall
constitute grounds for termination of this Agreement by City.
Section 9. Utilities Team shall pay, and hold City 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. Team shall pay electrical charges directly to provider. Indemnity
and Insurance
Section 14 Indemnity Team shall defend, indemnify, and save City and its elected
officials,officers,employees and agents harmless from and against any all liability to Team and third
parties resulting from Team's, and its agents', employees' and invitees' occupation and use of the
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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 Team or any person who is an
employee or agent of Team, or by reason of the damage to or destruction of any property, including
property owned by Team or any person who is an employee or agent of Team, and caused or
allegedly caused by either the condition of the Premises,or some act or omission of Team or of some
agent, contractor, employee, servant, sub-tenant, invitee or concessionaire of Team on the Premises;
b) Any work performed on the Premises or materials furnished to the Premises at the
insistence or request of Team or any agent or employee of Team; and
c) Team's failure to perform any provision of this Agreement or to comply with any
requirement of law or any requirement imposed on City or the Premises by any duly authorized
governmental agency.
Section 11. Public Liability and Propea Damage Insurance. Team 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 City and insuring City
against loss or liability caused by or connected with Team'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 Team 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 City. Team shall,by August 1, 1997, deposit with City a certificate showing that insurance to be
in full force and effect.
e)The insurance required by this section shall name City as an additional insured and such
insurance shall be primary and non-contributing to any other insurance or self-insurance maintained
by City.
Section 12. Team's Personal Property. Team shall, during the full term of this Agreement
maintain at Team'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.
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Section 13. Cancellation Requirements, Each of the insurance policies shall be in a form
reasonably satisfactory to City and shall carry an endorsement that,before changing or canceling any
policy,the issuing insurance company shall give City at least 30 days'prior written notice. Duplicate
originals or certificates of all such insurance policies shall be delivered to City.
Section 14, Restriction Against Subletting or Assignment. Team 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 of the improvements that may now or hereafter be constructed or installed on
the Premises without first obtaining the express written consent of City. Team shall not sublet the
Premises or any part of the Premises or allow any other person, other than Team's agents, servants,
employees,and invitees to occupy the Premises or any part of the Premises without the prior written
consent of City. The consent by City 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 City, whether voluntary or involuntary, by
operation of law or otherwise, is void and shall at the option of City, result in the termination of this
Agreement. The consent of City to any assignment of Team's interest in this Agreement or the
subletting by Team of the Premises or parts of the Premises shall not be unreasonably withheld.
Section 15. Attorneys' Fees 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.
Section 16. Notices. 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 party 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, fist-class postage pre-paid,
addressed to Team at Chris Glaze, 1613 E. Crestview Road, Redlands, CA 92374; or to City at 111
W. Lugonia Avenue,Redlands,California, 92374. Either party,team or City,may change its address
for the purpose of this section by giving written notice of that change to the other party in the manner
provided in this section.
Section 15. Possessory Interest. In accordance with California Revenue and Tax Code
Section 107.6, City is hereby notifying Team that the interest created by this Agreement may be
subject to property taxation and Team may be subject to the payment of property taxes levied on
such interest. Team shall be solely responsible for the payment of such taxes and shall defend,
indemnify and hold City harmless from and against any and all claims or actions for payment (or
non-payment) of such taxes.
Section 17. -Entire Agreement. This instrument constitutes the entire agreement between
City and Team respecting the Premises, the leasing of the Premises to Team, or the term created
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under this Agreement, and correctly sets forth the obligations of City and Team to each other as of
its date. Any agreements or representations respecting the Premises or their renting by City to Team
not expressly set forth in this instrument are null and void
Section 18 Time of Essence Time is expressly declared to be of the essence in this
Agreement.
Executed on Sept. 7, 1999 , at Redlands, California
CITY OF REDLANDS ATTEST:
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William E. Cunnin rn, Maypr
Lorri oy er,�rk
INLAND EMPIRE STARS ATTEST:
CHRIS GLAZE
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ALL-PURPOSE ACKNOWLEDGMENT
A
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 Z, Division 3, Section 40814, of the California Government Code, on September 8,
1999, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Chris Glaze { } personally known to me -
or - {x } proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
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WITNESS my hand and official seal.
%{ iepb� LORRIE POYZER, CITY CLERK
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By .
{rz� tt Beatrice Sanchez, Deputy City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNERS)
{ Individuals) signing for oneselUthemselves
{ } Corporate Officer(s)
Title(s)
Company
{ } Partner(s)
Partnership
{ } Attorney-In-Fact
Principal(s)
{ } Trustee(s)
Trust
{ x} Other
Title(s) President
Entity Represented Inland Empire Stars
._ .. .. ,. ,.,.. ,.,.. ...., ,,.,. — ....: ,..., ,-..., ,.,_, ,-., — ,.,.: .,
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Rental Agreement - Community Park Fields
Number of Pages : seven Date of Document: September 7, 1999
Signer(s) Other Than Named Above: William E. Cunningham and Lorrie Poyzer
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 September 8,
1999, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared William E. Cunningham and Lorrie Poyzer
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j personally known to me - or - 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.
\\\%Jill I WITNESS my hand and official seal.
N�Nll A
.--- �-j ;�_' LORRIE POYZER, CITY CLERK
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By:,
. 1888
Beatrice Sanchez, Deputy City Cler
(909)798-7531
— — — — — — — — — — — — — — — — — — — — — — —
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
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 or Type of Document: Rental Agreement - Community Park Fields
Number of Panes : seven Date of Document: September 7, 1999
Signer(s) Other Than Named Above: Chris Glaze, President, Inland Empire Stars