HomeMy WebLinkAboutContracts & Agreements_83-2000_CCv0001.pdf CITY OF REDLANDS
RENTAL AGREEMENT
Preamble
This Agreement is made and entered into on August 1, 2000, by and between the City of
Redlands, a municipal corporation, ("Landlord"), and Sunkissed Square Dancing Club
("Tenant").
Landlord, for an in consideration of the rent to be paid by Tenant and of the covenants and
provisions to be kept and performed by Tenant under this agreement, hereby rents to Tenant, and
Tenant agrees to rent from Landlord, the following: the mltipu Yore room in the Jos!yn Senior
Center located at 21 Grant Street, Redlands, California, (the "Premises").
ARTICLE 1. TERM OF AGREEMENT
Term
Section 1.01. This Agreement shall be on a month-to-month basis,commencing on August
1, 2000 ("Commencement Date"), until terminated or canceled by Landlord by providing written
notice of such cancellation to Tenant thirty (30) days prior to the date of cancellation.
ARTICLE 2. RENT
Minimum Rent
Section 2.01. Tenant agrees to pay to Landlord, a fixed minimum rental for the use the
Premises (the "Minimum Rent"). The amount of Minimum Rent payable for each dance during
the Term shall be $50. The Minimum Rent shall be payable on the first day of each and every
month commencing August 1, 2000 (the "Rent Commencement Date"), at the office of Landlord
at 21 Grant Street, Redlands, California, or at any other place or places as Landlord from time
to time designate by written notice delivered to Tenant. Minimum Rent for partial calendar
months occurring at the commencement or termination of the term of this Agreement shall be
prorated accordingly.
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Deposit
Section 2.02. On or before the Commencement Date, Tenant shall pay a refundable
deposit of$200. The Landlord may, at its sole discretion, retain the entire deposit or portions
thereof to pay for repairs and/or cleaning services required as a result of Tenant activities.
ARTICLE 3. USE OF PREMISES
Permitted Use
Section 3.01. During the term of this Agreement the Premises shall be used for the
exclusive purpose of offering dances, for uses normally incident to that purpose, and for no other
purpose. Tenant shall not use or permit the Premises to be used for any other purpose, without
the prior written consent of the Landlord.
Operation of Business
Section 3.02 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
3.01 of this agreement on the Premises in a diligent and business-like manner. The Premises shall
be used the second and fourth Saturday of every month, from 7:15 p.m. to 10:45 p.m.
Insurance Hazards
Section 3.03. 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
maintenance at reasonable rates of fire and liability insurance policies on the Premises and the
improvements on the Premises.
Waste or Nuisance
Section 3.04. 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 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.
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Compliance with Laws
Section 3.05. Tenant shall, at Tenant's own cost and expense, comply with all statutes,
ordinances, regulations, and requirements of all governmental entities, both federal and state and
county or municipal, (including those requiring capital improvements to the Premises) 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.
ARTICLE 4. UTILITIES
Utilities
Section 4.01. Landlord shall pay, and hold Tenant free and harmless from, all charges for
the furnishing of gas, water, sewer, electricity, garbage pickup and disposal utilities to the
Premises during the term of this Agreement. Telephone charges shall be paid by Tenant directly
to the provider of the service and shall be paid as they become due and payable but in any event
before delinquency.
ARTICLE 5. INDEMNITY AND INSURANCE
Section 5.01. Tenant agrees to defend, indemnify, and save Landlord harmless from and
against any all liability to Tenant and third parties resulting from Tenant's, and its agents,
employees and invitee's 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 of the 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, or concessionaire of Tenant
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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.
Public Liability and Property Damage Insurance
Section 5.02. Tenant shall, at its own cost and expense, procure and maintain during the
entire term of this lease 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 lease 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 within ten (10) days of the date of this lease, 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 5.03. Tenant shall, during the full term of this lease and any renewals or
extensions thereof, 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
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insurable value all fixtures and equipment at any time during the term of this lease, in or on the
Premises against damage or destruction by fire, theft or the elements.
Cancellation Requirements
Section 5.05. Each of the insurance policies shall be in a farm 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.
ARTICLE 6. MISCELLANEOUS
Restriction Against Subletting or:Assignment
Section 6.41. 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 of the
improvements thatmay 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, and
employees,to occupy the Premisesor 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,
terminate this Agreement. The consent of Landlord to any assignment of Tenant's interest in this
lease or the subletting by Tenant of the Premises or parts of the Premises shall not be
unreasonably withheld.
Attorneys' Fees
Section 6.02. If any litigation is commenced between the parties to this Agreement
concerning the Premises, this Agreement, or the rights and duties of either in relation to the
premises or to this Agreement, the party prevailing in that litigation shall be entitled to, in
addition to any other costs and relief that may be granted in the litigation, a reasonable stun as and
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for its attorneys' fees in that litigation that are determined by the court in that litigation or in a
separate action brought for that purpose.
Notices
Section 6.03. 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 lease 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: Sunkissed Squares, 1420 Village Street, Redlands,California, 92374
or to Landlord at 21 Grant Street, Redlands, California, 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.
Entire Agreement
Section 6.04. 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 6.05. Time is expressly declared to be of the essence in this lease.
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Executed on August 1, 2000 , at Redlands, California.
CITY OF REDLANDS (LANDLORD) ATTEST:
Mayor City°"Clerk
SUNKISSED SQUARE DANCE CLUB ATTEST:
(TENANT)
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