HomeMy WebLinkAboutContracts & Agreements_51-2021 CITY OF REDLANDS
FIELD USE AGREEMENT
This Field Use Agreement ("Agreement") is made and entered into this 6th day of April,
2021 ('Effective Date"), by and between the City of Redlands, a municipal corporation ("City"),
and Redlands Crush Baseball ("RCB"). City and RCB are sometimes individually referred to
herein as a"Party" and,together, as the "Parties." City, for and in consideration of the obligations
to be performed by RCB under this Agreement, hereby provides RCB with the non-exclusive use
of certain City fields (the "Premises") during the dates and times specified herein.
RECITALS
WHEREAS, on April 3, 2018, City and RCB entered into an agreement (the "2018
Agreement") pursuant to which RCB was provided the long term, non-exclusive use of the North
Field at Orangewood High School for its youth baseball program which expired on April 2,2021;
and
WHEREAS,RCB has requested City enter into a new agreement to permit RCB to conduct
its youth baseball program for the coming 2021-22 season; and
WHEREAS, RCB acknowledges that City has been considering the adoption of a new
comprehensive recreational policy governing sports field usage which, if adopted, would
supersede the provisions of any new long term agreement for the use of specified City sports fields,
including this proposed Agreement; and
WHEREAS,notwithstanding the foregoing,RCB desires to enter into this new Agreement
with City with the understanding that this Agreement may be terminated by City upon adoption of
its new sports field usage policy;
NOW,THEREFORE,in consideration of the mutual promises contained herein,the Parties
agree to amend their Agreement as follows:
AGREEMENT
Article 1. Term
Section 1.01. The term of this Agreement shall expire on July 1, 2022, unless earlier
terminated as provided for herein.
Article 2. Rent
Section 2.01. RCB shall pay to City, on or before the 14th day of April, 2021, for the term
of this Agreement(the "Due Date"), the sum of seven thousand seven hundred ninety five dollars
($7,795) as rent(the "Rent") for the Premises.
Section 2.02. RCB may request reservation of the Premises for additional times and dates
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not specified herein, at the rate of fifty three dollars ($53) per hour if field lights are utilized, and
twenty one dollars ($21) per hour if field lights are not utilized, at least a fourteen (14) day prior
written request for the same to City ("Reservation Fees"). Payment of Reservation Fees shall be
due within thirty(30)days of the date of City's invoice to RCB for the same.
A. With the prior written consent of City, RCB may choose to perform improvement
work for the Premises which may subsequently be credited against RCB's payment of Rent
("Improvement Work") as more particularly described in "Exhibit A," which is attached hereto
and incorporated herein by this reference. RCB shall provide written notification to City no less
than fourteen (14) days prior to RCB's commencement (the "Commencement Notice") of any
Improvement Work, and written notification to City no more than fourteen(14)days after RCB's
completion (the "Completion Notice") of such Improvement Work.
B. City shall inspect any completed Improvement Work within thirty (30) days of
receipt of RCB's Completion Notice and provide written confirmation that the Improvement
Work has been performed in accordance with this Agreement, or provide a detailed explanation
if the Improvement Work is not accepted by City. RCB shall submit copies of the Receipt of
Services performed. The value of the Improvement Work may be credited against Rent, in an
amount not to exceed three thousand dollars ($3,000), as described in "Exhibit B," which is
attached hereto and incorporated herein by this reference.
Section 2.03. If either payment of Rent or Reservation Fees is not postmarked and received
by City by its respective Due Dates as provided herein, such payment shall be considered late,and
RCB shall be assessed a late fee of ten percent(10%) of the amount due,prorated on a daily basis,
for each month or partial month such payment is late.
Article 3. Use of Premises
Section 3.01. The Premises shall be used by RCB for the sole purpose of conducting youth
baseball programs, which shall at all times be done in a safe and business-like manner, and in
compliance with all federal, state, and local laws (including State and County COVID Pandemic
guidelines). RCB shall have use of the Premises on Monday through Thursday between the hours
of 5:15 p.m. - 8:15 p.m., in accordance with the following schedule:
Usage Fall/Winter Spring/Summer
Opening Date September 15 January 15
Closing Date December 15 July 1
Article 4. Field Maintenance and Preparation
Section 4.01. RCB shall be responsible for all trash clean up, the emptying of trash bins,
and the hauling off of trash, during the dates RCB uses the Premises. RCB shall keep all vehicles
off turf and fields whenever possible. Should a vehicle be necessary to drive onto the fields, a
light-weight scooter-type vehicle may be used. All maintenance and preparation work may be
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performed on site upon prior approval.
Section 4.02.In performing any Improvement Work,RCB shall comply with all applicable
federal,state and local laws,including but not limited to any applicable provisions of the California
Labor Code. City makes no representation to RCB as to whether any Improvement Work
constitutes a "Public Work" as that term is defined by California Labor Code section 1720, and
RCB acknowledges and agrees that RCB shall be solely responsible and liable for the
determination of whether such work constitutes a "Public Work." RCB acknowledges and agrees
that City is not an awarding authority for any contract entered into by RCB for any Improvement
Work,nor is City otherwise undertaking any"Public Work"for purposes of California Labor Code
section 1781.
Article 5. Indemnity and Insurance
Section 5.01. RCB shall defend, indemnify and hold harmless City, and its elected and
appointed officials, officers, employees and agents from and against any and all claims, causes of
action, damages and liability resulting from RCB's negligent acts or omissions, and the willful
misconduct of RCB, and that of RCB's agents, employees and invitees, during RCB's occupation
and use of the Premises during the term of this Agreement. This section shall survive any
termination or expiration of this Agreement
Section 5.02. RCB shall maintain, at its own cost for the term of this Agreement, 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 City.
RCB shall provide City with a certificate of insurance and endorsements evidencing City as an
additional insured on the policy prior to RCB's use and occupancy of the Premises. Such insurance
shall be primary with respect to City and non-contributory to any insurance or self-insurance
maintained by City. The policy shall specify that, before amending or canceling the policy, the
issuing insurance company shall give City at least thirty (30) days prior written notice. City and
RCB acknowledge and agree that the insurance required of RCB is subject to annual review by
City and subject to increases in the amount and scope of coverage, as reasonably determined by
City.
Article 6. Assisnment Prohibited
Section 6.01. RCB shall not encumber, assign, sublease or otherwise transfer this
Agreement, or any right or interest therein, without the prior written consent of City. Any such
encumbrance, assignment, sublease or transfer without such prior written consent of City shall
constitute an immediate breach of this Agreement and may, notwithstanding any other provision
of this Agreement and at the sole discretion of City, result in the immediate termination of this
Agreement.
Article 7. Attorneys' Fees
Section 7.01. 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,
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be entitled to the recovery of its reasonable attorneys' fees, including fees for use of in-house
counsel by a Party.
Article 8.Notices
Section 8.01. Any notice or other communication required, or which may be given,
pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i)
on the day of delivery in person; (ii)five(5)days after deposit in first class registered mail,with
return receipt requested;or(iii)on the actual delivery date if deposited with an overnight courier,
if confirmed with a copy sent contemporaneously by first class, certified, registered or express
mail; in each case properly posted and fully prepaid to the appropriate address set forth below,
or such other address as a Party may provide notice of in accordance with this section:
CITY: REDLANDS CRUSH BASEBALL:
City Clerk Clint Toth
City of Redlands 7455 Via Deldene
35 Cajon Street, Suite 2 Highland, CA 92346
P.O. Box 3005 (mailing) Clint@teamajl.com
Redlands, CA 92373 909-376-9064
jdonaldson@cityofredlands.org
909-798-7631
Article 9. Termination
Section 9.01. Either Party may terminate this Agreement, without cause, by providing
thirty (30) days prior written notice to the other Party specifying the date for termination of this
Agreement. In the event City terminates this Agreement, provided RCB is not in breach hereof,
City shall refund to RCS any Rent paid by RCB for unused Premises dates for which Rent was
paid,pro-rated on a daily basis.
Article 10. Entire Agreement
Section 10.01. No waiver by either Party of any provision of this Agreement, or waiver
of any breach of this Agreement, shall be deemed to be a waiver of any other provision of this
Agreement, or of any subsequent breach by either Party of the same or any other provision of
this Agreement.
Section 10.02. If any provision of this Agreement is held invalid or unenforceable for
any reason by a court of competent jurisdiction, this Agreement 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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EXHIBIT "A"
IMPROVEMENT WORK
Cleaning and removing all dirt from stands and dugout
Remove all dirt and debris from bleacher stand and dugout areas.
Spraying the outfield foul line in grass area
Striping the foul lines along the field perimeters
Heavy and light drag purchase
Purchase of a heavy and light drag to drag entire infield clay area.
Cutting-in grass line from infield to outfield
Re-establish the infield to outfield border
Quad rental to maintain the infield
Rent Quad to drag and assist with infield maintenance
Base anchors for 60'; 65'; and 70'
Replace anchors for bases
Bullpen Pitcher mound
Restore pitcher's mound with red brick clay
Repainting of wood and replacement of backboards in infield
Identify wooden backboard planks that are in need of replacement. Repaint entire
wooden area of the backstop
Bringing in clay and leveling infield
Replenish and grade red brick clay within the infield area
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EXHIBIT "B"
VALUE OF WORK
Cleaning and removing all dirt from stands and dugout $ 250.00
Spraying the outfield foul line in grass area $ 300.00
Heavy and light drag purchase $ 429.00
Cutting-in grass line from infield to outfield $ 450.00
Quad rental to maintain the infield $ 500.00
Base anchors for 60'; 65'; and 70' $ 1,200.00
Bullpen Pitcher mound $ 2,000.00
Repainting of wood and replacement of backboards in infield $ 2,000.00
Bringing in clay and leveling infield $ 3,500.00
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