HomeMy WebLinkAboutContracts & Agreements_52-1990_CCv0001.pdf VEHICULAR PARKING JOINT USE AGREEMENT
PROSPECT PARK
THIS AGREEMENT is made and entered into this 18th day of
December, 1990 by and between the City of Redlands, a municipal
corporation, hereinafter referred to as "City" and the Kimberly
Shirk Association, Inc. a non-profit corporation, hereinafter
referred to as "Association. "
RECITALS
WHEREAS, City is the owner of certain real property, commonly
known as Prospect Park, which is more particularly described in
Exhibit "A" attached hereto and incorporated herein by this
reference; and
WHEREAS, Association is the owner of certain real property,
commonly known as Kimberly Crest House and Gardens, which is more
particularly described in Exhibit "B" attached hereto and
incorporated herein by this reference; and
WHEREAS, City and Association wish to enter into an agreement
on the following terms and conditions for the joint use of a
portion of City property described in Exhibit "A" for parking
purposes;
NOW, THEREFORE, in consideration of the mutual promises
contained herein and for other good and valuable consideration, the
receipt of which is hereby acknowledged, the City of Redlands and
the Kimberly Shirk Association, Inc. agree as follows:
AGREEMENT
Section 1. Term. The term of this Agreement shall be for
twenty (20) years commencing the date first written above, unless
terminated as hereinafter provided. The term may be extended from
time to time by mutual written agreement of City and Association.
Section 2 . Design and Installation of Improvements. With the
prior written consent of the City's Engineer, Association may
design, construct and install necessary parking and roadway
improvements on portions of City property described in Exhibit "A"
in order to provide for multipurpose use of such roadways and
parking. All improvements constructed and installed under this
Agreement shall be at the sole cost of Association and shall
thereafter become the property of City.
Section 3 . Notification to City. Association shall give City
two weeks prior written notice of all events, program date(s) and
hours which require use of the roadways or program, and parking
areas constructed or installed pursuant to this Agreement. Such
notification shall describe the event, responsible party, phone
contact (s) , and estimated number of participants excepting a
minimal residential use.
Section 4 . Hours of Usage. Association shall not utilize any
roadways or parking areas or any portion of city-owned property
between the hours of 11 p.m. and 6 a.m. except for emergency
situations or security purposes for the protection of property
excepting a minimal residential use.
Section 5. Maintenance. During any period in which the
Association is sponsoring a program which requires use of the
roadways and parking areas constructed under this Agreement,
Association shall be responsible for the maintenance and clean-up
of such areas. Association shall also provide for adequate trash
receptacles and be responsible for the pick-up of litter after
Association approved events, and for the emptying of such
receptacles on a regular basis.
Section 6. Vandalism. All damage to parking areas, roadways
and related equipment and fixtures constructed or installed
pursuant to this Agreement shall be investigated by representatives
of City and Association to determine when and how such damage
occurred. Association shall be responsible for the cost of repair
of all damage determined to have occurred during the program time
of an Association sponsored event. In the event City and
Association cannot determine when the damage occurred, the cost of
said repair shall be borne equally between City and Association.
Section 7 . Safety. The roadways and parking areas
constructed or installed under this Agreement shall at all times be
operated in accordance with all State and City laws and
regulations. City and Association agree to report any and all
safety hazards to City. Association shall also be responsible for
correcting any identified safety hazards relating to equipment
owned by Association.
Section 8 . Hold Harmless. City shall defend, indemnify and
hold Association harmless, from any and all loss liability,
damages, claim, suit or judgement arising out of or resulting from
the negligent acts or omissions of City in carrying out this
Agreement including the period of City's installation, repair,
maintenance, or replacement of any improvements under this
Agreement.
Association shall defend, indemnify and hold City, its elected
officials, officers and employees harmless from any loss,
liability, damages, claim, suit or judgement arising out of or
resulting from the negligent acts or omissions of Association in
carrying out this Agreement.
Section 9 . Insurance. City and Association shall maintain
adequate liability insurance or shall self-insure for property
damage and bodily injuries arising out of their respective
liabilities under this Agreement. Each party shall name the other
as an additional insured on any such policies.
Section 10. Assicrnment. Neither City or Association shall
assign any right or privilege connected with this Agreement.
Section 11. Cancellation. Either party may terminate this
agreement by providing a 90-day written notice to the second party
of intent to terminate this agreement and according to provisions
within Section 12 of this Agreement.
Section 12 . Notices. All notices related to this Agreement
shall be in writing and delivered in person or sent by first class
mail, postage prepaid, addressed as follows:
CITY OF REDLANDS KIMBERLY SHIRK ASSOCIATION, INC.
Community Services Dept. P. O. Box 206
P. O. Box 3005 Redlands, CA 92373
Redlands, CA 92373
Section 13 . City's Authority Approvals and Conflicts. City
at all times shall have the authority to refuse entry and/or to
remove persons and property from Prospect Park and the property
described in Exhibit "A" for violation of any state or city law,
rule or regulation. City and Association agree to prepare a master
calendar for joint use in order to coordinate and not cause
conflict of usage of roadways, parking areas and of the facilities
in general excepting a minimal residential use.
Section 14 . Entire Agreement. This Agreement represents the
entire agreement between parties hereto as to the matters contained
herein, and Agreement can only be amended by written agreement
executed by both parties.
Section 15. Attorneys Fees. In the event any legal action is
commenced to enforce or interpret the terms or conditions of this
Agreement the prevailing party shall, in addition to any costs or
other relief, be entitled to its reasonable attorneys' fees.
IN WITNESS WHEREOF of the parties hereto have executed this
Agreement on the date first hereinabove written.
"CITY" "ASSOCIATION"
B,y
, agar President or Authorized ,
/ Designee, Kimberly Shirk
Association, Inc.
ATTEST: ATTEST:
n/a
ity C1 ,rk, CltL �t Redlands Clerk of the Board
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