HomeMy WebLinkAboutContracts & Agreements_141-2001_CCv0001.pdf Recorded in Official Records, County of
San Bernardino, Larry Walker, Recorder
Doc No . 20010485037
PLEASE COMPLETE TIM INFORMATION 0 .+,��?am 10/24/01 0/ 41
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO: 205 40293243 01 16
CITY CLERKS OMCE P FEE APF 6tMS PH CPY CRT CPY ADD NNI PEM PRP
PCDR
P.O.Box 3005
REDLAND S,CA 92373 5� 6
NDN ST CM SYY GIT-CD TRANS TAX DA CHAD
CITY 4F EDLAND XA�
RENTAL AGREEMENT
Preamble
This Agreement is made and enured into this 2nd day of October,2001,by and between the
City of Redlands, a municipal corporation, ("Landlord"), and. Redlands Baseball fox Youth, Inc.
("Tenants`),
Landlord,for and in consideration of the obligations to be performed by Tenant under this
Agreement, hereby rents to Tenant, and Tenant agrees to rent from Landlord, the following.
Community Park and Brookside Park, Redlands, California(the "Premises"}:
Term
Section 1. The term of this Agreement shall be from October 2,2001 through December
31, 2006 and shall be automatically renewed for successive one(1)year terms, unless terminated
earlier by Landlord or Tenant by providing written notice of such cancellation to the other party one
season(180 days)prior to the end of the term.
Rent
Section 2; Tenant shall perform field maintenance services in lieu of the payment of
rent for the Premises. Improvements and maintenance expenses shall total a minimum of Eighteen
Thousand Dollars($1-8,000.00)per year during the term,of this.Agreement. Copies of receipts and
other documents validating the maintenance effort shall be submitted to Landlord at the conclusion
of each season of this Agreement at the office of Landlord at 111 W. Lugonia Avenue,Redlands,
California. In the event receipts exceed$18,000,the remaining balance may be carried forward to
subsequent years,
Permitted Use
Section 3. During the tern of this Agreement the Premises shall be used by Tenant for
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the exclusive purpose,of conducting youth baseball programs. Tenant shall have primary use of
Premises January 1St through July 30th, and secondary use of Premises September 1St through
December 31 St of each year during the term of this Agreement. During the period of September 1St
through December 31St Tenant shall access fields and lighting systems upon coordination with, and
approval of, the primary lessee.
Operation of Business
Section 4. 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
of this Agreement on the Premises in a diligent and business-like manner. The Premises shall be
used at the discretion of Tenant for practices and games,provided the dates requested for use have
been approved and calendared by Landlord.
Baseball programs may be scheduled at any time after 4:00 p.m.weekdays and on Sundays,
upon approval of Landlord and Junior All American Football between September 1 St and December
31 st. The Premises shall be available to the public when not in active use by Tenant. Requests for
additional field use shall be submitted, in writing, to the Community Services Division Manager
thirty(30)days prior to the intended date of use. These requests may be subject to approval by the
Recreation Commission and/or City Council.
Maintenance and Preparation
Section 5. Landlord shall provide routine maintenance and preparation to the Premises,
defined for the purpose of this Agreement as: watering,mowing,infield grooming and field lighting
maintenance. Maintenance services shall be performed in accordance with the City's field
maintenance schedule, and in accordance with the official game schedule as submitted by Tenant.
Tenant shall provide specialized maintenance of the field, including but not limited to:
fertilization, sodding and/or seeding, repair of sprinkler systems, fencing and application of brick
dust. Additional maintenance and preparation work maybe performed on site upon mutual approval
of the parties to this Agreement
Insurance Hazards
Section 6. 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
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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 7. 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.
Compliance with Laws
Section 8. Tenant shall, at Tenant's own cost and expense, comply with all statutes,
ordinances, regulations, and requirements of all governmental entities, including federal, state,
county and municipal 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.
Utilities
Section 9. Tenant shall pay, and hold Landlord free and harmless from,all charges for
the furnishing of electricity for storage areas, snack facilities and field lighting to the Premises
during the term of this Agreement. Tenant shall pay electrical charges directly to provider.
Indemnity and Insurance
Section 10. Tenant shall defend, indemnify, and save Landlord and its elected officials,
officers,employees and agents harmless from and against any all liability to Tenant and third parties
resulting from Tenant's,and its agents',employees'and invitees'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, invitee or concessionaire of Tenant 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 11. Tenant shall, at its own cost and expense, procure and maintain during the
term of this Agreement 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 Agreement 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 or more persons as a result of any one accident or
incident; and
b) One Million Dollars ($1,000,000) damage to or products and/or property; One Million
Dollars($1,000,000.00)personal injury;One Million Dollars($1,000,000.00)each occurrence;Fifty
Thousand Dollars($50,000.00)fire damage(any one fire);and Two Thousand Five Hundred Dollars
($2,500.00)medical expense(any one person).
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, by February 15"of each year of this Agreement, 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.
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Tenant's Personal Property
Section 12. Tenant shall,during the full term ofthis Agreement 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 insurable value all fixtures and equipment at any time
during the term of this Agreement,in or on the Premises against damage or destruction by fire,theft
or the elements.
Cancellation Requirements
Section 13. Each of the insurance policies shall be in a form 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.
Restriction Against Subletting or Assignment
Section 14. 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 that may 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, employees, and
invitees to occupy the Premises or 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,result in the termination
of this Agreement. The consent of Landlord to any assignment of Tenant's interest in this
Agreement or the subletting by Tenant of the Premises or parts of the Premises shall not be
unreasonably withheld.
Attorneys' Fees
Section 15. 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,be
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entitled to recovery of its reasonable attorneys' fees.
Notices
Section 16. 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 Agreement 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 c/o Chris Glaze, 1613 E. Crestview Road, Redlands, CA 92374; or to Landlord at 11 i
W. Lugonia Avenue,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.
Possessory Interest
Section 17. In accordance with California Revenue and Tax Code Section 107.6,Landlord
is hereby notifying Tenant that the leasehold interest created by this Lease may be subject to
property taxation and, 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 Landlord harmless from and against any and all claims or actions for such taxes.
Entire Agreement
Section 18. 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 19. Time is expressly declared to be of the essence in this Agreement.
Executed on at Redlands, California.
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CITY OF REDLANDS (LANDLORD) ATTEST:
Mayor City Clerk ( (�
REDLANDS BASEBALL FOR YOUTH
(TENANT)
radley Pe rg Hubbard, President
NOTARY REQUIRED
7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of (Lt1A Yr'1io–
County of S"6 ey QCt_Y&t 0th
On 10 - ii- 01 before me, —S,.i n d q_ t a P v On. Inty t t Cl G,,
Date Name and Title of Officer(e.g..'Jane[foe,Notary Public")
personally appeared ,
Name(s)of Signer(s)
personally known to me–OR– proved to me on the basis of satisfactory evidence to be the person
whose namenislar"ubscribed to the within instrument
and acknowledged to me that he/sl " executed the
same in hislhe64heir-authorized capacity(4e6),and that b
hislignature on the instrument the person ,
"e-h�
or the entity upon b+ alf of which the personn ac ed,
LINDA EMME executed the instrument.
Son Demarclino Com* WITNESS my hand and official seal
< *CwmEVkmJun1&M
Signature of Notary Public __
OPTIONAL
Though the information below is not required by taw, it may prove valuable to persons retying 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 1 4ju 6� 2 S Ce 4ni 01 iz r e em en+
Document Date: _ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name: '
v Individual Individual
Corporate Officer Corporate Officer
Title(s): Title(s):
Partner— Limited General a Partner— Limited E General
Attorney-in-Fact Attorney-in-Fact
w Trustee Trustee
Guardian or Conservator Guardian or Conservator
Other: Top of thumb here Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
6
C 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
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 October 2,
2001, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Pat Gilbreath and Lorrie Poyzer
f Xj personally known to me - or - f I 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 seal.
of-
A .0 ....... .1.4 LORRIE POYZEP, CITY CLERK
18 8 By:
41-
,I
CW Beatrice Sanchez, Deputy City Clerk
% '40F00\ \\\0 (909)798-7531
— — — — — — — — — — —
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthemselves
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, California
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Rental Agreement
Date of Document: October 2, 2001
Signer(s) Other Than Named Above: Bradley Perry Hubbard, Redlands Baseball for Youth