HomeMy WebLinkAboutContracts & Agreements_27-2009_CCv0001.pdf Recorded in official Records, Cooney of San Bernardino 130/200
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PER_GOVERNMENT CODE
SECTION 6103 LEASE AGREEMENT
This Lease Agreement C"(ease" is made and entered into this 3rd day of March, 2009
(the"Effective Date" y and between the City of ila..n+d , a municipal corporation (hereinafter
"Lessor") and the Redlands Shakespeare Festival, a non-profit organization (hereinafter
"Lessee"). Lessor and Lessee are sometimes individually referred to herein as a "Party" and;
together, as the"Parties."
In consideration of the mutual promises contained herein, and for such other good and
valuable consideration the receipt of which is hereby acknowledged, the City of Redlands and the
Shakespeare Theater Festival agree as follows:
AGREEMENT
Section 1. Premises. During the period of March 20th through May 3`1st, for each
year of the terra of this Lease, Lessor hereby leases to Lessee that certain real property located at
the Redlands Bowl in the City of Redlands consisting of the Bowl facility common, areas,
Prosellis, dressing roams, stage areas and stage manager's room (the "Premises"). Except as
otherwise provided for herein, Lessee shall have exclusive use of the Premises during the months
f April and May. The Premises are more particularly shown in Exhibit"A.," attached hereto and
incorporated herein by this reference.
Section 2. Terme. This Lease shall be for a term' of five ) years commencing on its
Effective Date.
Section . Rent. Lessee shall pay Lessor rent in the sum of one dollar t)per year for
use and occupancy of the Premises. The rent shall be payable on or before March 20th of each
year during the term, of this Lease at the office of Lessor at 35 Cajon Street, Redlands, California
92373. Lessor shall charge no additional fees to Lessee for Lessee's occupancy and use of the
Premises.
Section 4. Use of Premises.
A. During the term of this Leasee, and any extension thereof, the Premises shill be
used by Lessee for perfo ances, rehearsals, receptions, fund raising activities, recording,
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televising and broadcasting performances, and any other use associated with or necessary to
accomplish these purposes. No other use of the Premises is permitted without the prior written
consent of Lessor_
l3. During the term of this Lease, Lessor shall retain the right to use of the Premises
for itself, and to accept bookings by third parties for use of the Premises on days not reserved for
exclusive use by Lessee. All fees charged for third party bookings shall be established by Lessor
and shall be the property of Lessor.
C. In connection with any third party booking of the Premises, Lessor shall require
the third party to secure liability insurance satisfactory to Lessor for the use of the Premises and to
provide Lessor and Lessee with Certificates of Insurance naming Lessor as additional insureds,
and to agree to indemnify and hold Lessor and Lessee harmless in connection with any claims,
damages, losses, costs and liabilities arising from the third party's use of the Premises,
D. At Lessor's request, Lessee shall issue the appropriate key(s) to third parties who
have booked areas of the Premises through Lessor, provided that such third parties have presented
Lessee with a copy of Lessor's approved reservation form and satisfied the insurance and
indemnification requirements with respect to Lessor and Lessee referenced in paragraph 4.C.
above, and have paid to Lessee a deposit against the return of the keys to Lessee. Lessee shall
have no obligation to provide any services, staff, or other equipment to any third party. Any
arrangement for utilization of Lessee's services, staff, or other equipment shall be made by
separate agreement with Lessee on the terms and conditions (including the payment of fees)
specified by Lessee.
E, During the term of this Lease and any extension thereof, Lessor shall ensure access
to the Premises for Lessee's use through the roadways, parking lots and alley that currently exist
at the time of the Effective Date of this Lease or shall provide an appropriate substitute agreed
upon by the Parties.
Section 5. Utilities. Lessee shall pay all costs associated with the famishing of
electricity (except for general security and safety lighting around the Premises) as such electrical
useage is measured through "Meter No. 3 1" located on the Premises, or any replacement meter
for "Meter No. 31," telephone and other communications utilities to the Premises during the term
of this Lease, except for the costs of any electrical usage through Meter No. 3 1 which results from
third party events. Lessor shall invoice Lessee for such electrical costs on a monthly basis, and
Lessee shall pay such invoice within thirty (30) days of the date of invoice. Lessor shall pay all
costs associated with the furnishing of water, sewer and solid waste services to the Premises
during the term of this Lease.
Section o. Alterations and Repairs, Lessee accepts the Premises, as well as all
improvements located thereon, in their"as-is" condition as of the Effective Date of this Lease.
Section 7. Maintenance of Premises.
A,. Lessee shall, at its own cost, maintain the Premises, in good order and repair,
present, condition and reasonable wear and tear excepted, except as provided in Subsection B.,
below- Lessor shall have the right to enter the Premises, at reasonable times, for inspection and
maintenance purposes. Should an inspection disclose the need for maintenance or repairs, Lessor
Ian ABi11Wy DoetanentsXRSPShakespeare Theater Festival Rev .d 2
shall provide Lessee with written notice of the items requiring repair or maintenance. If action is
not taken on such items by Lessee within ten (1 0) days from the provision of such notice, Lessor
may enter the Premises and take whatever action is necessary to perform such maintenance or
repairs at Lessee's expense. Lessee shall also be responsible for any costs of any repairs to the
structural elements of the Premises caused by Lessee's or its employees', agents' and invitees'
actions during the term of this lease.
& Lessor shall be responsible for maintenance and repair of all of the structural
elements, the plumbing, electrical and mechanical systems, the security fencing and gates of the
Premises. "Structural Elements" shall include the roof, gutters, downspouts, walls, doors,
windows, stairs, structural supports and foundation of the Premises, Lessor shall be responsible
for the repair of and maintenance of the Premises and all improvements in good order and repair
except for the "Excluded Areas". Lessor shall be responsible for the repair of any damages and
wear and tear to the Premises arising from any third party bookings.
C On the expiration or earlier termination of this Lease, Lessee shall promptly
surrender and deliver the Premises to Lessor in as good condition as the Premises are in on the
Effective date of this Lease, excluding reasonable wear and tear.
Section 8. , Imorovernents. Lessee shall not make any improvements to the Premises
without the prior written consent of Lessor except, that after making reasonable attempts to
contact Lessor for its approval, Lessee may undertake minor maintenance and repairs to the
Premises which Lessee determines are immediately necessary to protect against injury to persons
or property. Within three days of performing any minor maintenance or repairs not verbally
approved by Lessor, Lessee shall provide written notification to Lessor of the same, All Lessee
proposals for improvements shall be submitted in writing to Lessor for its consideration and prior
approval. Lessor shall approve or disapprove such>proposals within twenty (20) days of their
submission.
Section 9. Indemnity.
A. Lessee shall defend, indemnify and hold harmless Lessor, its elected officials,
officers and employees from and against any and all liability resulting from,the Lessee's negligent
acts or omissions, and intentional wrongful acts of Lessee, and its agents and employees and
Invitees, during Lessee's occupation and use of the Premises during the term of this Lease, Such
indemnification shall not exceed the maximum coverage provided by the insurance specified in
Section 10 below,
B. Lessor shall defend, indemnify and hold harmless Lessee, its officers, directors and
employees from and against any and all liability resulting from the Lessor's negligent acts or
omissions, and intentional wrongful acts of Lessor, and its agents and employees during Lessee's
occupation and use of the Premises during the to of this Lease.
Section 10. Plublic, Liability and Propgrqty—Damage Insurance, Lessee shall maintain at
its own cost for the term of this Lease, public liability insurance in the amount of One Million
Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate,
issued by an insurance company acceptable to Lessor. Lessee provide Lessor with a certificate of
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insurance and endorsements showing Lessor as an additional insured on the policy prior to
Lessee's use and occupancy of the Premises. Such insurance shall be primary with respect to
Lessor and non-contributory to any insurance or self-insurance maintained by Lessor. The policy
shall require that before amending or canceling the coverage limits of the policy, the issuing
insurance company shall give Lessor at least thirty(30)days prior written notice.
Section 1 1. Assignment of Rights. Lessee shall not encumber, assign, sublease or
otherwise transfer this Lease, or any right or interest therein, without the prior written consent of
Lessor. Any such encumbrance, assignment, sublease or transfer without such prior consent of
Lessor shall constitute an immediate breach of this Lease and may, at the sole discretion of
Lessor, result in the immediate termination of this Lease.
Section 12. Attorneys' Fees: In the event any action is commenced to enforce or
interpret the terms or conditions of this Lease, the prevailing party shall, in addition to any costs
and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel of a Party.
Section 13. PropeM Insurance-
Lessee shall, at its own cost, maintain an insurance policy issued by an insurance company
acceptable to Lessor insuring, all fixtures, equipment, furniture and personalty. Lessor assumes
no responsibility for the loss, damage or destruction of items belonging to Lessee or others on the
Premises.
Section 14. PqasessoryJnterest. In accordance with California Revenue and Tax Code
Section 107.6, Lessor is hereby notifying Lessee that the leasehold interest created by this Lease
may be subject to property taxation and that 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 Lessor harmless from and against any and all claims or actions
for payment (or non-payment) of such taxes.
Section 15. Notices. Any and all notices required or permitted by this Lease shall be in
writing and shall be deemed served when personally delivered or when deposited in the United
States Mail, certified, return receipt requested, first-class postage prepaid to the Parties at their-
respective addresses unless by such notice a different person or address shall have been
designated:
Lessor: Lessee:
City Clerk President
City of Redlands Redlands Shakespeare Festival
P,O, Box 3005 P.O. Box 546
Redlands, CA 92373 Redlands, CA 92373
MMWWDocumentAkSFAShAeslxare'er eater Festival Rcvkdoe 4
Section 16. Entire Air ent, This Lease constitutes the entire agreement between
Lessor and Lessee regarding the leasing of the Premises to Lessee. Any prior written or oral
agreements or representations respecting the Premises or their leasing by Lessor or Lessee not
expressly set forth herein are null and void,
Section 17. Amendments. Any and all amendments to this Lease shall be in writing and
executed by the Parties.
Section 18. breach andDefaultby Lessee, All covenants and agreements contained in
this Lease are declared to be conditions of this Lease, and to the Term for which the Premises are
hereby leased to Lessee. Should Lessee fail to perform any covenant, condition or agreement
contained in this Lease and the default not be cured within thirty(30) days after written notice of
the default is served on Lessee by Lessor, then Lessee shall be in default under this Lease-
'
provided, however, that if the default is one not capable of cure within such thirty (30) days'
Lessee shall so notify Lessor in writing, shall commence action to cure within such thirty t3 )
days and prosecute such cure diligently until completion within a reasonable time. Lessee's
failure to complete such cure within a reasonable time shall also constitute a default by Lessee.
lection 19. Termination. In the event of any default of this Lease by Lessee, in addition
to any other rights or remedies Lessor may have, Lessor shall have the immediate right of reentry
and may remove all persons and property from the Premises; such property may be removed and
stored in a public warehouse or elsewhere at the cost of Lessee. Further, in the event of a default
of this Lease by Lessee, Lessor shall have the option of immediately terminating this Lease, All
remedies of Lessor under this section shall be cumulative and in addition to any other legal or
equitable rights and remedies which Lessor may have. In the event of any termination of this
Lease by Lessor, Lessor shall pay to Lessee the then appraised value of any capital improvements
to the Premises made by Lessee during the term of this Lease.
Section 20, Waiver. No waiver by either Party of any provision of this Lease, or, shall
be deemed to be a waiver of any other provision of this Lease, or of any subsequent breach by
either Party of the same or any other provision of this Lease.
Section 1. everabilit If any particular provision of this Lease is held invalid or
unenforceable for any reason, this Lease shall otherwise remain in full force and effect and shall
be construed in all respects as if such invalid or unenforceable provision was omitted.
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Executed on the 3rd day of'March, 2009, at Redlands, California
CITY OF REDLANDS (Lessor)
ter,
Jn Harrison, Mayor
A TE
Lor Poyze i6 Jerk
REDLANDS SHAKESPEARE FESTIVAL
(Lessee)
By:
William Charles Ai t resident
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ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUN'TY'OF SAN BEE2,NARDINO } S
CITY OF REDLANDS )
By the authority granted under Chapter 4, :article 3, Section 118 1, of the California Civil Code, and Chapter ?.
Division 3. Section 40814, of the California Cio crnrtacnt Code, on March 3. 2009 before aria;, `feresa Ballinger,
er
Assistant City Clerk., can behalf of Lourie: Poyzer, City Clerk of the Cita: cif` Redlands, California, personally
appeared Scan Harrison, Mayor and Lorric Poyser, City Clerk- who proved to me on the iasis of satisfactory
evidence to he theperson(-,) whose narnc:(s) is4are subscribed to the within instrument and ac:knowled ed to me
that -he-,L, 'they executed the same in hts4w0heir authorized capacity(tes) and that byi-%, Bey='their• si(,,niat re(s)
can the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instr°uraaent,
certify under PENALTY OF F ER.1t1J Y" under the laws cantles State of Californiathat the foregoing paragraph i
true and correct.
WITNESS my hand and official seal.
L ORRIE I'C_)"tTZE , CITY CLERK
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/"tPrtrfill trat 0 Teresa Ballinger, Assistant City Clerk"
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
} Individual(s)signing for oneself/them selves
Corporate Officer(s)
"l�itle(s)
Company . . ..
{ ) Partner(s)
Partnership
It } Attorney-In-Fact
Principal(s)
Trust
x k Other
'I'll lc(s): Mayor arid City Clerk
EntityRepresented- City of Redlands, a municipal corporation
THIS CERTIFICATE lel US`I BE,A"T`T. C"HE",I)TC) THE D CI`JY• ENT DESCRIBED D iI:LOW:
Title or Ty`Iac oaf L}c>ctanaent Iyeaase,n��;recaaat rat
Daae cal`Dtaerament: March 3, 200
Blesser(;) Othe-Tharn Named Above, Witham Charles Arsenault, President cat`Redlands Shakespeare
Festival aal
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,x.� � � �?,.�.�s'*.��,�,�y'�"'''�x~ �.r�t;�¢�t°'"�stz�"'�r�'���^s*. t���"'�`:.'✓�m�� �._,�,�.,���� � ? ��za��...+: w .�` ^�.�,cy�,:4�=x>,��`
State of Califor is
County of
On,�w °�.,. .._ before rn
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personally appeared
who proved to me on the basis f satisfactory evidence to
be the per rn�whose name*iso subscribed to the
within instrument and acknowledged to me that
he/ ` t executed the;sante in his, /t it authorized
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capacity , and that by his/bert`t signature on the:
instrument the perk or the entity upon behalf of
which the perso 'acte 3 executed the instrument,
I certify under PENALTY OF PERJURY under the laws
06"Mudhm COW* of the State of California that the foregoing paragraph is
ftbi true and correct;
WITNESS my and Gaff "al se 1.
Signature,
Pbcu Notary Seal^Arluvc of
OPTIONAL
Mougtl the information below is not required 4L,law, it n7ay prove valuable to persons relying on the docurarro
and could prevent frrsuduiprrt removal and reattachment of.this form to another document,
Description of Attached Document
Title or Type f ocurn t:
Document late ....:... ._d....m _. � Number of Page
Signer(s)Other Than Named Above, _. ..,
a aofty(f aClaimed by Signer(s)
Signer's Name: Signer'_,-Name,
Individual Individual
corporate Officer-- itla(s ° .._._ ._ .,_. � _ , Corporate Officer_._Ti le(a)'
Partner Unnted General L¢rnitet C�anr,ral
ttorne n t=�tcl � ttnrrey in Fact
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Trustee Trustee i
Guardian or onservator j Guardian or Conservator
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----
Signer Is Representing:___ Signer Is Representing:
.il=""'alrr.r.a. 9.3.0 De Sulu An--F10 Box 2402 Chal:v.r,n,c.,r. 3V3,24G2 hem,t5R-0; .a;rSs;.Call.,,-Free.1.r,�G876,682
EXHIBIT A
Redlands Bawl
Ushers assemblehere
Usher's guide „", for assignmants at 7 :5 0 P .;tA.
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authorized issuance of as proclamation declaring March 3 1, 2009, as Ccsar E
01(il"CZ, L)av to reco"llize the contributions and positive Impact that Csar E.
Chavez has made for OUr Nation's workforce, conscience and filtitre.
Agreement - Sale of City, ProL)crtv - The request to approve the sale of City-
owned property(APN 0292-021-19) located -it the northeast corner of Mountain
View Avenue and San Bernardino Avenue to Southern California Edison was
withdrawn front the agenda and will be re-seheduled, for to future meeting.
Ordinance No. 2709 - property Registration - Oil motion of Councilmember
Gilbreath, seconded by Councilaiember Gallagher, the City Council
Unanimously adopted Ordinance No. 2709, an ordinance of the City of Redlands
addin v Chapter 8.10 to the Redlands Municipal Code to require the registration
of abandoned residential properties and compliance with property rnainteriance
standards.
L Ordniance No. 2715 - Prmeriv \Ianitenalicc - Cera motion of Councilmernber
--J—r(]1 _LCMInce
Gilbreath. seconded by Councilmember Gallagher, the City Council
unanimously adopted Ordinance No. 2715, all ordinance of the City of Redlands
addintr Chapter 8.11 to tile Redlands Municipal Code relating to maintenance of
vacant rest al properties acquired through foreclosure.
Lease Agreement - Shakespeare Theater Festival Oil motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the
City Council unaniniously approved a lease agreement with the
Shakespeare 'I"heater Festival for the use of the Redlands Bowl and
authorized the Mayor to execute, and the City Clerk to attest to, the
document on behalf of the City.
Local Emergency R iorts - Cera motion otion Of COUncilmernber Gilbreath, seconded
_g�
by Counciltnernber Gallagher, the City Council acknowledged receipt of the
reports rcoarding the status of the &Clat-Cd local ernergencles at the .Safety, Hall
(Resolutloti Nos. 6775 and 6803).
A�recmcrit - Downtmvii Camera Pro t - On motion of Councilmerilber
Gilbreath, seconded by COUncilmerriber Gallagher, the City Council
unanimously approved as real property license agreement with the: Jackson
Revocable Trost for the placement of two cameras on the buildings located at
127 Lind 129 East State Street in Support Of tile Downtown Can-tera Project and
Ult,1101-1/ed the Mayor to CXCCLite, and the City Clerk to attest to, the document
on behalf of the City
COMMUINICATtONS
In compliance with Gwv-erament Code Sections 53232.2
and 'i'Q32.3, there were no reports forthcoming front Councili-nerilbers.
March 3, 2009
Page 3
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