HomeMy WebLinkAboutContracts & Agreements_130-2000CITY OF REDLANDS
RENTAL AGREEMENT
Preamble
This Agreement is made and entered into this 5th day of December, 2000, by and between the City
of Redlands, a municipal corporation, ("Landlord"), and Junior All American Football ("Tenant").
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, Fields
1 through 4, Redlands, California (the "Premises").
Term
Section 1. The term of this Agreement shall be from August 1, 2001 through December 31,
2005, unless terminated earlier by Landlord or Tenant by providing thirty (30) days written notice of such
termination to the other party.
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 Three Thousand Five
Hundred Dollars ($3,500.00) per year. Copies of receipts and other documents validating the maintenance
effort shall be submitted to Landlord at the conclusion of the term of this Agreement at the office of
Landlord at 111 W. Lugonia Avenue, Redlands, California.
Permitted Use
Section 3. During the term of this Agreement the Premises shall be used by Tenant for the
exclusive purpose of conducting youth football programs.
Operation of Business
Section 4. During the term of this Agreement, Tenant shall, unless prevented by conditions
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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.
Football programs may be scheduled at any time after 4:00 p.m. week days. The fields may be
used all day Saturdays and shall remain open to the general public on Sundays. 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, repair and maintenance of existing park sprinkler
systems, mowing and general maintenance of the grounds surrounding the football field. Maintenance
services shall be performed in accordance with the City' s current field maintenance schedule.
Tenant shall provide specialized maintenance of the field, defined for the purpose of this
Agreement as: fertilization, annual sodding and/or seeding to replenish worn areas, specialized field
sprinkler maintenance to ensure proper water distribution, leveling/smoothing of low spots or worn areas
and repair and maintenance of lights and lighting equipment.
Additional maintenance and preparation work may be 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 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
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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 and all claims, liabilities, losses, damages,
or causes of action resulting from Tenant's, or its agents', employees' and invitees' occupation and use of
the Premises, specifically including without limitation;
(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.
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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, 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
(b) Five Hundred Thousand Dollars ($500,000) for damage to or destruction of any property of
Tenant or others.
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 January 1, 2001, 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.
Tenant's Personal Property
Section 12. Tenant shall, during the full term of this 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
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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 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
at or to Landlord at 111 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
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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 Dec. 5, 2000 , at Redlands, California.
CITY OF REDLANDS (LANDLORD) ATTEST:
Mayor City Clerk
JUNIOR ALL AMERICAN FOOTBALL ATTEST:
(TENANT)
fl)tkc&P
JUA DO
MARK MARK JJARDO
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Resolution No. 5822 - DBE Program - On motion of Councilmember Haws,
seconded by Councilmember Freedman, the City Council unanimously adopted
Resolution No. 5822, a resolution of the City of Redlands establishing a
Disadvantaged Business Enterprise (DBE) Program, appointing a DBE liaison
officers, and establishing DBE goals for the period October 1, 2000, through
September 30, 2001. State and federal agencies require this program prior to
performing street construction of transportation related projects using federal
and/or state highway monies.
Agreement - WIC Program - On motion of Councilmember Peppler, seconded
by Councilmember Freedman, the City Council unanimously approved an
amended Community Center facility use agreement with San Bernardino
County Women -Infant -Children (WIC) program and authorized the Mayor and
City Clerk to execute the agreement on behalf of the City, with the
understanding Police Chief Bueermann will explore a possible relocation of this
program to the Healthy Families Center.
Agreement - Boys and Girls Club of Redlands - Councilmember George asked
for an update on the status of a permanent home for the Boys and Girls Club of
Redlands. Public Works Director Mutter reported staff is working with them,
but that their directors need to make some decisions before proceeding
Councilmember George moved to approve a Community Center facility use
agreement with the Boys and Girls Club of Redlands and authorized the Mayor
and City Clerk to execute the agreement on behalf of the City. Motion seconded
by Councilmember Haws and carried unanimously.
Agreement Junior All American Football - On motion of Councilmember
-Haws, seconded by Councilmember Freedman, the City Council unanimously
approved a rental agreement with Junior All American Football for use of
Community Park fields and authorized the Mayor and City Clerk to execute the
agreement on behalf of the City.
Settlement Agreement - Osborn - On motion of Councilmember Haws,
seconded by Councilmember Freedman, the City Council unanimously
approved a settlement and release agreement with Mark and Karen Osborn, San
Bernardino Superior Court Case No. SCVSS 61552, and authorized the Mayor
and City Clerk to execute the agreement on behalf of the City.
Funds - AB 2766 Subvention Funds - Website - Councilmember George
explained the City has been awarded grant funding for the acquisition and
implementation of an alternative fuel trolley system for downtown Redlands.
However, the grant funding does not provide for the ongoing operation of the
project. Fortunately, the project does meet the criteria to be funded with
AB 2766 subvention allocations. These annual allocations, which must be used
to reduce pollution, are currently used by the City to fund the rideshare program
December 5, 2000
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