HomeMy WebLinkAboutContracts & Agreements_139-2011_CCv0001.pdf RENTAL AGREEMENT
This Rental Agreement ("Agreement") is made and entered into this 20'h day of
September, 2011 (the "Effective Date"), by and between the City of Redlands, a municipal
corporation (hereinafter "City") and San Bernardino County Sexual Assault Services, Inc., a
non-profit organization (hereinafter "SBCSAS"). City and SBCSAS 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
San Bernardino County Sexual Assault Services, Inc. agree as follows:
AGREEMENT
Section 1. Premises. City hereby rents to SBCSAS a portion of that certain real
property located at 30 Cajon Street in the City of Redlands consisting of office space within the
Redlands Police Force facility, (the"Premises"). City shall be solely responsible for designating
the office space to be occupied by SBCSAS, and City shall have the right to reasonably relocate
SBCSAS within the Premises, or to another City-owned facility, from time to time as City's
operations necessitate.
Section 2. Term. This Agreement shall be for a term of one(1)year commencing on
its Effective Date (the"Initial Term"). SBCSAS shall have options to extend the Initial Tenn of
this Agreement for five (5) successive one (1) year periods (each, an "Extension Term") on the
same terms and conditions as this Agreement. SBCSAS may exercise such options by providing
written notice to City at least thirty (30) days before the date of expiration of the Initial Term of
this Agreement, or the then-expiring Extension Term of this Agreement, as applicable.
Section 3. Rent. SBCSAS shall pay City rent in the sum of One Dollar ($1.00) per
year for use and occupancy of the Premises. The rent shall be payable on or before September
20th of each year during the term of this Agreement at the office of the City Manager of City at
35 Cajon Street, Redlands, California 92373.
Section 4. Use of Premises. During the Initial Term of this Agreement, and any
Extension Term, the Premises shall be used by SBCSAS for office purposes and any other use
associated with,or necessary to accomplish, SBCSAS' purposes. No other use of the Premises is
permitted without the prior written consent of City.
Section 5. Taxes and Utilities. City shall pay all costs associated with the furnishing
of water, sewer, electricity, gas and other utilities to the Premises during the term of this
Agreement; provided, however, that SBCSAS shall be responsible for payment of SBCSAS'
telephone use.
Section 6. Alterations and Repairs. SBCSAS accepts the Premises, as well as all
improvements located thereon, in their "as-is" condition as of the Effective Date of this
Agreement.
1:\ca\djrn1Agreetnents\San Bernardino County Sexual Assault Serviccs,rental agmt.8,24.1 Ldoc
Section 7. Maintenance of Premises. City shall have the right to enter the Premises,
at all times, for inspection purposes. City shall be responsible for maintenance and repair of the
Premises. On the expiration or earlier termination of this Agreement, SBCSAS shall promptly
surrender and deliver the Premises to City in as good condition as the Premises are in on the
Effective Date of this Agreement, excluding reasonable wear and tear.
S.e.qion.8. Improvements. SBCSAS shall not make any improvements to the
Premises.
Section 9. Indemnity.
A. SBCSAS shall defend, indemnify and hold harmless City, its elected officials,
officers and employees from and against any and all liability resulting from the SBCSAS'
negligent and/or wrongful acts or omissions of SBCSAS, or its agents and employees and
invitees, during SBCSAS' occupation and use of the Premises during the Initial Tenn and any
Extension Tenn of this Agreement.
B. City shall defend, indemnify and hold harmless SBCSAS, its officers, directors
and employees from and against any and all liability resulting from the City's negligent and/or
wrongful acts or omissions of City, or its agents and employees during SBCSAS' occupation and
use of the Premises during the Initial Term and any Extension Term of this Agreement.
Section 10. Public Liability and Property Damage Insurance. SBCSAS shall maintain
at its own cost for the Initial Tenn and any Extension Tenn of this Agreement, public liability
insurance in the amount of One Million Dollars ($1,000,000), issued by a responsible insurance
company licensed to do business in the State of California and acceptable to City. SBCSAS
shall provide City with a certificate of insurance showing City to be an additional insured on the
policy within ten (10) business days of the Effective Date of this Agreement. Such insurance
shall be primary with respect to City and non-contributory to any insurance or self-insurance
maintained by City. The policy shall require that before amending or canceling the policy, the
issuing insurance company shall give City at least thirty(30) days prior written notice.
Section 11. Assignment of Rights. SBCSAS 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
consent of City shall constitute an immediate breach of this Agreement and may, at the sole
discretion of City, result in the immediate termination of this Agreement.
Section 12. Attorneys' Fees. 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 entitled to the recovery of its reasonable attorneys' fees, including fees
for in-house counsel of a Party.
Section 13. Personal Property Insurance. SBCSAS shall, at its own cost, maintain an
insurance policy issued by a reputable insurance company authorized to do business in the State
of California and acceptable to City insuring all of SBCSAS' equipment, furniture and
2
U'1ca\djm\AgreemenmSan Bernardino Cottngy Sexual Assault Senices.rental agmt.8,24.1 Ldoc
personalty. City assumes no responsibility for the loss, damage or destruction of items belonging
to SBCSAS or others on the Premises.
Section 14. Notices. Any and all notices required or permitted by this
Agreement shall be in writing and shall be deemed served when personally delivered or when
deposited in the United States Mail, first-class postage paid to City at 35 Cajon Street, Redlands,
CA 92373-1505 and to SBCSAS at 444 North Arrowhead Avenue, Suite 101, San Bernardino
92401.
Section 15. Entire Agreement. This Agreement constitutes the entire agreement
between City and SBCSAS regarding the use of the Premises by SBCSAS. Any prior written or
oral agreements or representations respecting the Premises by City or SBCSAS not expressly set
forth herein are null and void.
Section 16. Amendments. Any and all amendments to this Agreement shall be in
writing and executed by the Parties.
Section 17. Termination. Notwithstanding any other provision of this Agreement,
City or SBCSAS may terminate this Agreement during the Initial Term, or any Extension Term,
by giving SBCSAS ninety(90) days prior written notice to SBCSAS of the same.
Section 18. Severability. If any provision of this Agreement is held invalid or
unenforceable for any reason, this Agreement shall otherwise remain in full force and effect and
shall be construed in all respects as if such invalid or unenforceable provision were omitted.
Executed on the 20th day of September, 2011, at Redlands, California.
CITY OF REDLANDS SAN BERNARDINO COUNTY SEXUAL
ASSAULT SERVICES, INC.
A )
Pete Aguilal-,'Mayor Cjndy Stallings, Executive Director_�
ATTEST:
el��A
Sam Irwin, City derk
3
l:\ca\djm1,Agreemen&xSan Bernardino CountN,Sexual Assault Senrices,rental agmt.8,24,1 Ldoc