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HomeMy WebLinkAboutContracts & Agreements_58-1998_CCv0001.pdf Recorded in Official Records, County of San Bernardino, r_r.rol J. Mackzum, Recorder No Fee Doc No . 19980480425 Recording requested by09 '. 02am 11 / 10/98 and when recorded mail to: City Clerk 205 M71132 City of Redlands 02 04 . 1 --- 4 P.O. Box 3005 PG FEE APF GINIS PH CPY CRT CPY ADD NM PEN PH PCO Redlands, CA 92373 ?�—,) 5 NONSTLN ­SY Y CIT-CO TRANS TAX DA I CHRG EX LEASE AGREEMENT FEES NOT REQUIRED PER GOVERNMENT CODE SEMON 6103 This Agreement is made and entered into this 6th day of October, 1998,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 leases to Tenant, and Tenant agrees to rent from Landlord, the following: Community Park, fields I through 4, Redlands, California (the "Premises"). Section 1. Term. The term of this Agreement shall be from October 6, 1998 through December 31, 1998, unless terminated earlier by Landlord or Tenant by providing thirty (30) days written notice of such termination to the other party. Section 2. Rent. Tenant 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)per year. Copies of receipts and other documents evidencing Tenant's maintenance services shall be submitted to Landlord on a monthly basis during the term of this Agreement at the office of Landlord at 30 Cajon Street, Redlands, California. Section 3. Permitted Use. Durim,, the term of this Agreement, the Premises shall be used by Tenant for the sole purpose of conducting youth baseball programs. Section 4. Operation of Business. A. Tenant shall, unless prevented by conditions beyond Tenant's control,conduct business of the type and nature specified in Section 3 of this Agreement on the Premises in a diligent and WN135461,1` business-like manner. The Premises shall be used for practices and games, provided the dates requested for use have been approved and calendared by Landlord prior to such use. B. Baseball programs maybe scheduled at anytime after 4:00 p.m.weekdays,upon approval of Landlord and Junior All American Football. The fields may be used all day on Sundays. The Premises shall be available to the public when not in active use by Tenant. Requests for additional fielduse shall be submitted,in writing,to the Community Services Division manager thirty(30)days prior to the intended date of use. Such requests shall be subject to approval by the Recreation Commission and.lor the City Council. Section 5. Maintenance and Preparation. A. Tenant shall provide routine maintenance and preparation of 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 ground surrounding the fields. Maintenance services shall be performed in accordance with the Landlord's standards for public park maintenance. B. 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. C. Additional maintenance and preparation work, in addition to the "routine" and -specialized"maintenance described above,may be performed on site upon mutual approval of the parties to this Agreement. Section 6. Insurance Hazards. 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 of Landlord's insurance carriers necessary for the continued DA135461-E 2 maintenance at reasonable rates of fire and liability insurance policies on the Premises and the improvements on the Premises. Section 7. Waste or Nuisance. Tenant shall not commit.or permit the commission by others of, any waste on the Premises. Tenant shall not maintain, commit or penult the maintenance or commission of any 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. Section 8. Compliance with Laws. 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 judgment 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,regulations,or requirements shall be conclusive as between Landlord and Tenant and shall constitute grounds for termination of this Agreement by Landlord. Section 9. Utilities. Tenant shall pay,and shall defend Landlord against 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 z_-- charges directly to utility provider. Section 10. Indemnity. Tenant shall defend, indemnify and save Landlord audits elected officials, officers, employees and agents harmless from and against any and all liability to Tenant and third parties resulting from Tenant's and its agents',employees' 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 DJM3546LE employee or agent of Tenant,or by reason of the damage to or destruction of any property,including property owned by Tenant aor 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 requirement of law or any requirement imposed on Landlord or the Premises by any duly authorized governmental agency. Section 11. Possessory Interest. Tenant shall pay any and all taxes and licenses which may, during the Term of this lease, be levied or assessed on the personal property or business owned by Tenant and located on the Premise. Tenant acknowledges and agrees that, in accordance with California Revenue and Taxation section 107.6,the Premise maybe subject to property taxation and that Tenant may be deemed to have a possessory interest in such property and may be subject to the payment of property taxes levied on such interest. Section 12. Public Liability and Propert y Damage Insurance. 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(S 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($2,000,0000) for injury to or death of two or more persons as a result of any one accident or incident; and f.r i 1546 LF 4 (b) Five Hundred Thousand Dollars($500,000)for damage to or destruction ofany 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 November 1, 1998, 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. Section 13. Tenant's Personal Property. 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. Section 14. Cancellation Requirements. 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 insurance company shall give Landlord at least 30 days'prior written notice. Duplicate originals or certificates of all such insurance policies shall be delivered to Landlord. Section 15. Restriction Against Subletting or Assignment. Tenant shall not encumber, assign,or otherwise transfer this Agreement,any right or interest in this Agreement,or any right or Z-1 - right 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 Landlord. Tenant shall not sublet the Premises or any part of the Premises or allow any other person, other than Tenant's agents,servants,employees,and invitees to occupy the Premises orany part ofthe Premises f)JM35461+', 5 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 imvoluntary, 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. Section 16. 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 reasonably attorneys' fees. Section 17. 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, first-class postage prepaid, addressed to Tenant at Chris Glaze, 1613 E. Crestview Road, Redlands, CA 92374;or to Landlord at 111 W. Lugonia Avenue, Redlands,CA 92374. Either party,Tenant or Landlord,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 18. Entire Agreement. This instrument constitutes the entire Agreement between Landlord and Tenant respecting the Premises, the leasing of the Premises to Tenant, and the term created underthis 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. DPP-33546LE 6 Section 19. Time of Essence. Time is expressly declared to be of the essence in this Agreement. Executed on6th day of October, 1998, at Redlands, California. CITY OF REDLANDS (LANDLORD) ATTEST: William E. Cunningham, M ,or Ca! Clerk INLAND EMPIRE STARS BASEBALL TEAM (TENANT) VA/ 0 Chris Glaze ca A'aat'L� Chris Glaze I A43,546LI" 7 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 October 6, 1998, 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 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. or- P'E'o % LORRIE POYZER, CITY CLERK RPQq4 By Beatrice Sanchez, DeputyCity Clerk1888 C% (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 or Type of Document- Lease Agreement Number of Pages : nine Date of Document: October 6, 1998 Signer(s) Other Than Named Above: Chris Glaze 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 October 20, 1998, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Chris Glaze I I personally known to me - or - fx I 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. WITNESS my hand and ficial seal. or- R�e % A, % X:o- , " LORRIE POYZER, CITY CLERK Cj 18 88 By: Beatrice Sanchez, Deputy City Clerk 0 s 14\ 0 (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Ix I Individual(s) signing for oneselUthemselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust Other Title(s) Entity Represented THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Lease Agreement Number of Pages : nine Date of Document: October 6, 1998 Signer(s) Other Than Named Above: William E. Cunningham and Lorrie Poyzer LEGAL DESCRIPTION Community Field The easterly 1/2 of the northeast 1/4 of the northeast 1/4 of Section 22, Township 1S, Range 3W, City of Redlands; County of San Bernardino, State of California. a