HomeMy WebLinkAboutContracts & Agreements_83-2007_CCv0001.pdf )N AND MAINTENANCE OF A DISC GOLF COURSE AT
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FORD PARK
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This agreement for the installation and maintenance of disc golf urse �`C�our ,� at Ford pals
menu' ism and entered into this 1 th day of y 200x, by n the City o
Redlands, a Municipal corporation C'City") d BillMaury-Holmes ' -Holmes" City d.
Hol
rues are sometimes individually referred to herein as a P and, to ,ether, as the"f"artier. "
In consideration of the mutual promises contained herein, City and Maury-Holmes agree as
follows:
T C- - l -- fC) ANSd NANC" OF THE COURSE E AT FORD P
1.1
Maury-Holmes shall pay all capital costs and special maintenance needs associated with the
installation and maintenance of the Course. Special maintenance needs include, but � e not
limited to,the replacement of Course facilities due to no al wear, vandalism, theft or any other
reason; and the installation and maintenance of tee boxes as may be developed in the future,
1. City=shall pay for routing maintenance of`Ford including mowing d watering ofe istin
grass and trash removal. City shall not be responsible for
maintenance of he our. 1=ould City ince �an y cost associated C with the
C
maintenance; - ry-Holme ss shall reimburse the City, associated with the Course's
1.3 All volunteer work, if any, associated with f - r -Hol cs` installation or maintenance of the
Course shall be performed in accordance with C=ity s Volunteer Prograrn and soli be subject to
City's Public Works' Department supervision duringg no al City working hours, Maury-
Holmes shall coordinae and be responsible for all such volunteers, including ensuring that each
volunteer complies with City's 'ol nt r Proms
"f C - INISURANCE AND IN
off fC f IC
2,1 _'�-Htlrnes' Ensor t lir _ City shall ped as an do insures an any
insurance obtained byMaury-Holmes covering the installation and maintenance of the Course.
Such insurance shall be primary with respect to City and non-contributing to any insurance or
self-insurance maintained by City. Maury-Holmes shall provide City with certificates of
insurance and endorsements for any such insurance prior to undertakingany installation or
maintenance work for the Course.
12 Hold rmless and.I� ntni iort. try-Holmes shall defend, indemnify and hold less
City and its elm ted officials, oo 's, euploy sand dents from d against •ny and all claims,
losses Habit , including arneys f s, isin froom injury, or death o persons or damage
to propry s .rat Citi the irrar .ior or of the Cour
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r
`IC E 3 GENERAL CONSIDERATIONS
. M' aurv-holm is, for all Purposes under this Agreement, an independent contractor with respect
to the installation Wid maintenance ofthe Course d not an emPlOYee of City. All personnel
emPlOYed or volunteering with Holmes to install and/or naiaatain e Course are for his
account only, and in noevent shall Ma -Holmes or any
retai by hire deemed ed to have n employed by City or el voaged lunteering City ( with or the c
Of, or on behalf of, City. No provision of this Agreement shall be construed ato create sh account
relationship of employer an employee b the Parties.
3.2 City may terminate this Agreement for any ream, at any time, in its sole discretion. City has
the right to remove the Course for any reason or for no reason, including, but not lime to, if
Maury-Holmes fails to pay for the installation and maintertance of the Coufft. If the Course is
removed Pursuant to City's discretion, City shall have no liability toMaury-Holmes.
3,3 This Agreement represents the entire agreement and understanding between the Pafties as to the
matters contained herein and any prior negotiations, ProPosals and verbal agreements relating to
the subject rnatterhereOf are superseded by this Agreement, y amendment to this went
shall be in ing and approved by the City Council and signed by the Parties.
3.4 This Agreement shall be Bove by and construed in accordance
California. dense with the lames of stat of
3,5 In the evert any action i