HomeMy WebLinkAboutContracts & Agreements_65-2022CITY OF REDLANDS
SPORTS FIELD USE AGREEMENT
This sports field use Agreement ("Agreement") is made and entered into this 3rd day of
May 2022 ("Effective Date"), by and between the City of Redlands, a municipal corporation
("City"), and Redlands Crush Baseball Club ("RC") City and RC are sometimes individually
referred to herein as a "Party" and, together, as the "Parties."
Article 1. Term
Section 1 01 The term of this Agreement shall commence on its Effective Date and
terminate on December 31, 2022, unless terminated earlier a Party by providing thirty (30) days
prior written notice of such termination to the other Party
Article 2. Permitted Use
Section 2 01 RC may request field use, and City shall review and permit such use in
accordance with the Policy RC's use of the Premises shall be in accordance with the terms of this
agreement and the Policy, however, terms of agreement shall supersede that of the Policy when
there is a conflict.
Article 3. Permit Fee
Section 3 01 The Permit Fee shall be twenty-six dollars ($26 00) an hour for fields with
lights and nineteen dollars ($19 00) an hour for fields without lights. RC will be invoiced in
accordance with City Council Resolution 8210 ("Sports Field Allocation Policy") herein referred
to as the "Policy"
Article 4. Indemnity and Insurance
Section 4 01 RC shall defend, indemnify, and hold harmless City and its elected officials,
officers, employees and agents from and against any and all claims, liabilities, losses, damages or
causes of action resulting from RC's, and its agents', employees' and invitees' occupation and use
of the Premises including, without limitation.
A. The death or injury of any person or persons, including any person who is an employee
or agent of RC, damage to or destruction of any property, including property owned by RC or any
person who is an employee or agent of RC, and caused or allegedly caused by either the condition
of the Premises, or some act or omission of RC or of an agent, contractor, employee, invitee or
concessionaire of RC,
B. RC's failure to perform any provision of this Agreement or to comply with any
requirement of law or any requirement imposed on City or the Premises by any authorized
governmental agency
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Section 4 02 RC 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
cause the cancellation of any fire, liability or other insurance policy insuring the Premises or the
improvements on the Premises.
A. RC 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 City and insuring City against loss or liability caused by or associated with
RC's occupation and use of the Premises in amounts not less than. (i) 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, of not less than Two Million Dollars ($2,000,000) for injury to or death of
two or more persons as a result of any one accident or incident; and (ii) Five Hundred Thousand
Dollars ($500,000) for damage to or destruction of any property of RC or others.
B RC shall have business auto liability coverage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property
damage liability
C All insurance coverage required by this section shall be issued by a responsible
insurance company or companies authorized to do business in California, and shall name City as
an additional insured and such insurance shall be primary and non-contributing to any other
insurance or self-insurance maintained by City Each of the insurance policies shall carry an
endorsement that, before modifying coverage limits or canceling any policy, the issuing insurance
company shall give City at least thirty (30) days prior written notice. Duplicate originals or
certificates of all such insurance policies shall be delivered to City RC shall, by June 30, 2022,
deposit with City certificates of insurance, with endorsements, showing all insurance coverage to
be in full force and effect.
Article 5. Restriction against Assignment
Section 5 01 RC 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 City The consent by City to any one assignment, subletting or
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 City, whether
voluntary or involuntary, by operation of law or otherwise, is void and shall at the option of City,
result in the immediate termination of this Agreement.
Article 6. Attorneys' Fees
Section 6 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,
be entitled to recovery of its reasonable attorneys' fees, including fees for use of in-house counsel
by a Party
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Article 7 Notices
Section 7 01 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 m wntmg 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 m the United States mail, first-class postage pre-
paid, addressed to RC at 7455 Via Deldene, Highland California, 92346 or to City at PO Box 3005,
Redlands, California, 92373 Either Party, may change its address for the purpose of this section
by giving wntten notice of that change to the other Party m the manner provided m this section
Article 8. Entire Agreement
Section 8 01 This Agreement constitutes the entire agreement between City and RC
respecting use of City's sports fields, and any pnor verbal or wntten agreements or representations
respecting the same are superseded and null and void
F-EDLANDS (CITY) Redlands Crush Baseball Club (RC)
Paul T Banch, Mayor Clint Toth, Director
ATTEST
nne Donaldson, City Clerk
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