HomeMy WebLinkAboutContracts & Agreements_134-2000FACILITY USE AGREEMENT
Preamble
This Agreement is made and entered into on this 5th day of December, 2000 by and
between the City of Redlands, a municipal corporation, ("Landlord"), and the Boys and Girls
Club of Redlands ("Tenant").
Landlord, for and in consideration of the rent to be paid by Tenant and of the covenants
and provisions to be kept and performed by Tenant under this agreement, hereby rents to Tenant,
and Tenant agrees to rent from Landlord, the following: the Community Room room located at
111 West Lugonia Avenue, Redlands, California, ("the Premises").
ARTICLE 1. TERM OF Agreement
Term
Section 1.01. This Agreement shall be for a term of one (1) month, commencing at 12:01
a.m. on December 6, 2000 ("Commencement Date"), ending at 12:01 a.m. on January 5, 2001,
and shall be automatically renewed for successive one (1) month terms, for a period of one (1)
year, unless terminated earlier pursuant to the provisions of this agreement, or canceled by either
Landlord or Tenant by providing written notice of such cancellation to the other thirty (30) days
prior to the date of termination.
ARTICLE 2. RENT
Minimum Rent
Section 2.01. Tenant agrees to pay to Landlord, a fixed minimum rental for the use and
occupancy of the Premises (the "Minimum Rent"). The amount of Minimum Rent payable for
each month during the Original Term shall be $150. The Minimum Rent shall be payable on the
first day of each and every month commencing December 6, 2000 (the "Rent Commencement
Date"), at the office of Landlord at 111 W. Lugonia Avenue, Redlands, California. Minimum
Rent for partial calendar months occurring at the commencement and termination of the term of
this Agreement shall be prorated accordingly.
Tenant shall have use of the Classroom on Mondays from 5:00 p.m. to 6:00 p.m. Tenant
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may request the use of additional facilities on the Premises and shall pay the rental fee for these
facilities as established in the City's fee Resolution. Additional use of Premises is contingent
solely upon availability.
ARTICLE 3. USE OF PREMISES
Permitted Use
Section 3.01. During the term of this Agreement the Tenant's use of the Premises shall
be used for the exclusive purpose of operating and conducting Boys and Girls Club of Redlands
programs, for uses normally incident to that purpose, and for no other purpose. Tenant shall not
use or permit the Premises to be used for any other purpose, without the prior written consent of
the Landlord.
Operation of Business
Section 3.02 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
3.01 of this use agreement on the Premises in a diligent and business -like manner. The Premises
shall be used Monday through Friday from 3:00 p.m. to 9:00 p.m., and on Saturdays from 11:00
a.m. to 4:00 p.m. Tenant shall maintain, adhere to, and enforce all City rules, regulations and
standards of behavior during the term of this Agreement.
Insurance Hazards
Section 3.03. 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 3.04. 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
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or permit the use of the Premises for any unlawful purpose.
Compliance with Laws
Section 3.05. Tenant shall, at Tenant's own cost and expense, comply with all statutes,
ordinances, regulations, and requirements of all governmental entities, both federal and state and
county or municipal, (including those requiring capital improvements to the Premises,) 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
government 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.
ARTICLE 4. TAXES AND UTILITIES
Utilities
Section 4.01. Landlord shall pay, and hold Tenant free and harmless from, all charges for
the furnishing of gas, water, sewer, electricity, and disposal to the Premises during the term of
this Agreement. Telephone charges shall be paid by Tenant directly to the provider of the service
and shall be paid as they become due and payable but in any event before delinquency.
ARTICLE 5. INDEMNITY AND INSURANCE
Section 5.01. 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 occupation and use of the Premises;
(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, an
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, 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
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(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 or political subdivision.
ARTICLE 6. MISCELLANEOUS
Restriction Against Subletting or Assignment
Section 6.01. 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
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 and
employees, 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 be at the option of Landlord,
terminate 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
reasonably withheld.
Attorneys' Fees
Section 6.02. 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 reliefs,
be entitled to recovery of its reasonable attorney's fees.
Notices
Section 6.03. 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
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postage pre -paid, addressed to Tenant at P.O. Box 8416 Redlands, California, 92375 or to
Landlord at 111 W. Lugonia Avenue, P. O. Box 3005, Redlands, California, 92373. 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.
Entire Agreement
Section 6.04. This instrument constitutes the entire agreement between Landlord and
Tenant respecting the Premises, the use of the Premises to Tenant, or the use terms 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 use by Landlord
to Tenant not expressly set forth in this instrument are null and void.
Time of Essence
Section 6.05. Time is expressly declared to be of the essence in this agreement.
Executed on December 5, 2000, at Redlands, California.
CITY OF REDLANDS (LANDLORD) ATTEST:
Mayor
City Clerk yV
BOYS AND GIRLS CLUB OF REDLANDS ATTEST:,..
Sean Nixon Linda Serros
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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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