HomeMy WebLinkAboutContracts & Agreements_6-2007_CCv0001.pdf Recorded in Official Records, County of San Bernardino
1/2212007
LARRY WALKER 2'21 Pm
s
Auditor/Controller — Recorder BN
Recording Requested by R Regular Mail
r and when Recorded mail to:
t
City Clerk Doc##: 2007—0041302 Titles: 1 Pages: 22
City of Redlands Fees 0.00
Taxes
PO Box 3005 � � 0.00
Redlands, CA 92373 Other
0.00
PAIb $0.00
LEASE AGREEMENT
This Lease Agreement ("Lease") is made and entered into this 16th day of January, 2007
(the "Effective Date"), by and between the City of Redlands, a municipal corporation
(hereinafter "Lessor") and the Redlands Community Music Association, Inc., a non-profit
organization(hereinafter"Lessee"). Lessor and Lessee are sometimes individually referred to
herein as a"Party"and, together, as the "Parties."
In consideration of the mutual promises contained herein, and for such other good and
valuable consideration the receipt of which is hereby acknowledged,the City of Redlands and
the Redlands Community Music Association, Inc. agree as follows:
AGREEMENT
Section 1. Premises. Lessor hereby leases to Lessee that certain real property located at
the Redlands Bowl in the City of Redlands consisting of the Prosellis and its associated offices,
dressing rooms, storage and equipment rooms, restrooms inside the Prosellis and the courtyard
and stage areas (the "Premises"). The Premises are more particularly shown in Exhibit "A."
attached hereto and incorporated herein by this reference.
DJM1Agree`,Rt'MA Prosellis Lease Agreement
1
Section 2. Term. This Lease shall be for a term of twenty (20) years commencing on its
Effective Date. Lessee shall have the option to extend the term of this Lease for one successive
twenty (20) year term and, thereafter, one successive fifteen (15) year term, on the same terms
and conditions as this Lease. Lessee may exercise such option by providing written notice to
Lessor within thirty (30) days before the date of expiration of the original term of this Lease, or
the then-expiring extension term of this Lease.
Section 3. Rent. Lessee shall pay Lessor rent in the sum of one dollar ($I) per year for
use and occupancy of the Premises. The rent shall be payable on or before January 5'h 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 Lease, and any extension thereof, the Premises shall be
used by Lessee for office purposes.
. performances, rehearsals, receptions, fund raising activities,
meetings, the use and storage of musical instruments and equipment, recording, 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.
Lessee shall have exclusive use of the Premises during the first two weeks of June (except for
graduations booked by Lessor), the last two weeks of June, and the months of July and August.
Subject to Lessor's prior approval, Lessee shall have the right to reserve the Premises for Lessee's
DJM'Agree\RCMA Prosellis Lease Agreement
01/161/07
use during the time period of September through May, for any of the uses described herein and/or
conducting Lessor pre-approved repairs, maintenance and improvements to the Premises and
associated facilities. Lessor shall notify Lessee in advance of any third party bookings and other
uses of the Premises, as described in 4.13. below, by circulating the Application/Permit form for
use of the Redlands Bowl to the ROMA for acknowledgement.
B. 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, during the months not
reserved for exclusive use by Lessee; provided, however, such use and bookings for third parties
shall not include use of the offices, storage rooms or equipment rooms of the Premises (the
"Excluded Areas"). The Excluded Areas are more particularly shown in Exhibit "B," attached
hereto and incorporated herein by this reference. 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 and Lessee for the use of the
Premises and to provide Lessor and Lessee with Certificates of Insurance naming Lessor and
Lessee as additional insureds. and to agree to indemnify and hold Lessor and Lessee harm-less 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.
DJM`,,Agree`,1RCMA Prosellis Lease Agreement
01/01/07
i
} above, and have paid to Lessee a a�7 deposit p against the return of the keys to Lessee. Lessee shall
have no obligation to provide any services, staff, musical instruments or sound, lighting or other
equipment to any third party. Any arrangement for utilization of Lessee's services, staff, musical
instruments, sound, lighting or other equipment shall be made by separate agreement with Lessee
on the terms and conditions (including the payment of fees) specified by Lessee. Lessee shall
have no obligation to provide access to the Excluded Areas to any third party.
E. During the term of this Lease and any extension thereof. Lessor shall insure 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. The existing access to the Premises is depicted in Exhibit "C" attached
hereto. The two parking lots depicted in Exhibit"C" shall be reserved for Lessee's use after 5:00
p.m. on performance and rehearsal nights during the Summer Music Festival.
F. During the period of exclusive use of the Premises by Lessee as set forth in
paragraph 4. A., Lessor shall not accept bookings by third parties or by parties related to Lessor
for the seating area or for the lawn surrounding the seating area between Eureka and Grant Streets
and between Prosellis and Mission Gables as depicted in Exhibit "D"attached hereto.
G. During the period of exclusive use of the Premises by Lessee as set forth in
paragraph 4.A., Lessee shall have the exclusive right to arrange for concession sales associated
with uses described in 4.A. by separate agreement between Lessee and the concessionaire on
terms and conditions specified by Lessee, including the payment of fees and revenues to Lessee.
DJM1:Agree"CMA Prosellis lease Agreement 4
J 1/02/07
1
A
eI
Section 5. Utilities. Lessee shall pay all costs associated with the furnishing of
electricity (except for general security and safety lighting around the Premises) as such electrical
useage is measured through "Meter No. 31" 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. 31 which results from
third party events undertaken in connection with the "Shakespeare Festival" or by the Redlands
Unified School District. 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 6. 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. Lessee shall, at its own cost, maintain the
Excluded Areas of the Premises, as defined in Section 4. A., and all improvements in the
Excluded Areas, in good order and repair, present condition and reasonable wear and tear
excepted, except as provided in Subsection A., 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 shall provide Lessee with written notice of
the items requiring repair or maintenance. If action is not taken on such items by Lessee within
sixty (60) days from the provision of such notice, Lessor may enter the Premises and take
I)IV\Agree`=.R("MA Prosellis I_,ease Agreement 5
01/021'07
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 structural elements of the Premises
caused by Lessee's or its employees', agents' and invitees' actions during the term of this Iease.
A. 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 under Section 4. A.
B. 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. Improvements. 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
D11'I'•Agree?RC1 A Prosellis I-Ease A—reertment 6
01/02/07
approval. Lessor shall approve or disapprove such proposals within twenty (20) days of their
submission. With the prior written consent of Lessor, Lessee may enter into contracts and
agreements for improvement work to be performed by contractors, pursuant to all applicable laws,
including prevailing wage laws; and volunteers in accordance with Labor Code section 1720.4.
Lessor shall not assess an administrative fee on such contracts or agreements administered by
Lessee. Lessee shall have the right to remove all improvements made by it to the Premises
provided such removal results in no damage to the Premises. Improvements not removed by
Lessee shall, on expiration or earlier termination of this Lease, remain on the Premises and
become the property of Lessor. However, Lessor acknowledges that, notwithstanding any other
provision of this Lease, the sound and lighting equipment located on the Premises is the property
of Lessee and may be removed from the Premises by the Lessee.
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 resulting any and all liability from the Lessor's negligent acts or
W :_1
DMI-AgreeRC-NMA Prosellis Lease Agreement 7
0 1 i02/07
omissions, and intentional wrongful acts of Lessor, and its agents and employees during Lessee's
occupation and use of the Premises during the term of this Lease.
Section 10. —public Liability and Propert 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 shall direct its insurance agent or
broker to provide Lessor via INS-CERT.COM with a certificate of insurance verification 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 policy, the issuing insurance company shall give Lessor at least thirty (30) days prior written
notice.
Section 11. Assignment 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
DYM\Agree'.RCMA Prosellis Lease Agreement
01/02/07
and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for in-
house counsel of a Party.
I
Section 13. Property 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. Possessory Interest. In accordance with California Revenue and Tax Code
rn a.
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.
DJM\Agree\RCMA Prosellis Lease Agreement 9
01/02/t7
Lessor: Lessee:
City Clerk President
City of Redlands Redlands Community Music Association
P.O. Box 3005 P.O. Box 466
Redlands, CA 92373 Redlands, CA 92373
Section 16. Entire Agreement. 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 and Default by 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 (30)
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.
13.M',Agree,,RCMA Prosellis Lease Agreement 10
0 1 02/0?
Section 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 210. 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 21. Severability. 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 were omitted.
DJM\Agree\,RCMA Prosellis lease Aareernent
01/02/0'7
Executed on the 16th day of January, 2007, at Redlands, California
CITY OF REDLANDS (Lesser)
F
or, City of Redlands
ATTEST:
City Jerk, Ci orf'Redlands
REDLANDS COMMUNITY MUSIC
ASSOCIATION, INC. (Lessee)
By:
r�
President, Redlands Community Music
Association, Inc.
and
By:
v ti
Vi P; idnt, Redlan s Cemmunit
Music Association, Inc.
Dim' a—ree:RC'VIA Prosellis Lease A. reement 12
i
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 January 16, 2007,
before me, Beatrice Sanchez, Deputy Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of
Redlands, California, personally appeared Jon Harrison and Lorrie Poyzer I Xpersonally known
to me - or - { } 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 sea].
LORRIE POYZER, CITY CLERK
By:
Beatrice Sanchez,�Deputy Clerk
{909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
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, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Lease Agreement
Date of Document: January 16, 20077
Signer(s) Other Than Named Above: Jeffrey Waldron and Janet Weder for Redlands Community
Music Association
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of �k�- ( la'OL+►�t�
On J444 . 1,4, before me, , V1
ate 1 Name and Title of Officer(e.g.,"Jane Doe,Notary Public's
personally appeared "s �L Oa�ayoo GU't0� �" Gt i�te t5 J
Name(s)of Slgner(s)
J personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) -is/are
subscribed to the within instrument and
a acknowledged to me that tioishe/they executed
COMM' #1554582 z the same in hisser/their authorized
oar Notary PuMrc -California o ca acit fes and that b .kfis�k►er/theirMy ,
( � � ' San Bernardino Camtjr -� p Y(� ), Y
Comm.Expires Feb.22,2009 signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) �J
acted, executed the instrument.
ri
WITN my hand and official seal-
Signature of Notary Public
I'
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document '
Title or Type of Document: a�{�
i '
Document Date: �� ! a� / Number of Pages:
Signer(s)Other Than Named Above: d( o o(-5 1� 4'
Capacity(ies) Claimed by Signer
Signer's Name:
•
❑ Individual Top of thumb here
CJ Corporate Officer—Title(s):
CJ Partner—,..=J Limited _._J General
Attorney in Fact
Trustee
Guardian or Conservator
E Other:
` f
Signer Is Representing:
,t
�0 1999 Nartooal Notary A<_soc+atfon•9350 De Soto Ave P.O.Box 2402-Chatsworth.CA 913132402•www.natforulnotary.org Prod-No.5907 Reorder Caff Toll-Free 1-360-8766827
EXHIBIT A
7
i
� fl
r
m
y�
g � , g
a m COo a m
C p
a g$ vs
a
LU �-—
N�
LU i
t m
ar _
CL a n
E ai a
sn
d
W e c'�3
} c0a uS.
E m'a i
n
0cc
a , o
m c t
Q E mr
mN
iW C d
W �r E m to,
cc ) o m
44
n
N �
r
C ..:
Y�
4
S �1
� p O
EXHIBIT B
; `4 E>
REDLANDS BOWL PROSELLIS AREA
. View F
i t Loading Dock
makeup counter 17"poen. c n ar
Hallway
Men's Women's.Dressing Room
','a
-
sow fHce F Dress. Men's Dressing Room 10'x 26 112' -
S no Ro Room 10'x 26 112'
8'x 11` S'9`
Am '
ks
ey
St wa Roof&
Restroom 3'9" Restroom.
ec D
in
.. K8 VRA rage
t
9e / f
Doflrn
�Y""f/P1.n
Courtyard - .r��,^,',
5'7-
6"riser-
6-Riser
1 _ - _ - _ _ _ _ - _ _. _ -- t r _ Rooted Colonnade
Rooted Colonnade r t -Praaeliis Arch Line1 with Parapet
with Parapet t l
�. �✓ ,
� 6"Riser
View G
6 6
Concrete Microphone concrete
\. Mfcropttone
0 tuto Pat t Inputs Smooth Concrete Inputs.
Stage Floor ❑
tiiafRirAi urrr'trrcercum-"
46'6 x 26'10"
$t.reron
Light Pole Light Pole
i
I
._.,._... _.. 23
Sidewalk � Microphone �
In uta
Light&
Footlight Trough ( Light&
((''��{{
Sound Pohl _I Sound Pole
Lawn
Stairs to Stage Stairs to Stage
ca� } -e
t ^
T
EXHIBIT C
Xs
4v
Q�,vt P c P
C-
BP -
70 5r-ibE ZONA
+
(�' cp
J �
EXHIBIT D
Ll/
N
j
O
r
F �
o
d00
O
W
n m o rn
° 1O I
IT I1'I
v rn
m
1a 3 to
cm,
� 6
5
/\C F
V
/r. I