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Home My WebLink AboutContracts & Agreements_84-2001FACILITY USE AGREEMENT Preamble - This Agreement is.made and entered into on this 5th day of June, 2001 by and between the City of Redlands, a municipal corporation, ("Landlord"), and the State of California Board of Prison Terms ("Tenant"). Landlord hereby rents to Tenant, and Tenant agrees to rent from Landlord, the following: the Assembly Room located at 212 Brookside Avenue, Redlands, California, ("the Premises"). ARTICLE 1. TERM OF AGREEMENT Term Section 1.01. This Agreement shall be for a term of one (1) year, commencing at 12:01 a.m. on June 6, 2001 ("Commencement Date"), ending at 12:01 a.m. on May 31,.2002, and shall be automatically renewed for successive one (1) year terms, for a period of five (5) years, 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. FEES Rent Section 2.01. Landlord agrees to allow use and occupancy of the Premises by Tenant with no rental charge. Tenant shall have use of the Assembly Room two days per week between the hours of 8:00 a.m, and 5:00 p.m. Tenant may request additional use of the Premises; provided, however additional use of Premises is contingent solely upon availability. Personnel Section 2.02. Tenant shall provide personnel in the lobby area to prevent disruption of Landlord functions. Tenant shall pay the rate of Sixty Five Dollars ($65) per hour for a sworn member of the Redlands Police Department to act in the capacity of hearing bailiff. ARTICLE 3. USE OF PREMISES Permitted Use Section 3.01. During the term of this Agreement, Tenant's use of the Premises shall be for the exclusive purpose of operating and conducting hearings, 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. Prison Board 1 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 (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, 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 at the option of Landlord, shall be grounds for immediate termination of this Agreement. 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 attorneys' 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, Prison Board 3 when deposited in the United States mail, first-class postage pre -paid, addressed to Tenant as follows: Mr. Tom Remy, Legal Department, State of California Board of Prison Terms, 1515 "K" Street,- Suite 600, Sacramento, California, 95814, or to Landlord at 212 Brookside Avenue, 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 June 5, 2001 , at Redlands, California. CITY OF REDLANDS (LANDLORD) Mayor Pat Gilbreath STATE OF CALIFORNIA BOARD OF PRISON TERMS Prison Board ATTEST: City 'lerk Lo /�•oyzer ATTEST: 7/e2449e /mot Val -Prize .Se #te el V eft t4 Gerry e€ems 7,ate: July 30, 2001 Clete Hyman, Deputy Police Chief .cued: State Board of Prison Terms Use of Safety Hall Attached is a copy of the above -cited agreement approved by the City Council on June 5, 2001. As of this date, a signed original has not been returned to us for filing. I will be filing the Xerox copy I retained as our official document. Attachment ccxc: Lorrie Poyzer, City Clerk Contract - Mission Zanja Creek - On motion of Councilmember Freedman, seconded by Councilmember Peppler, the City Council unanimously approved a contract with the Chambers Group, Inc. for environmental services to prepare a joint California Environmental Quality Act/National Environmental Policy Act document for flood control improvements for a portion of the Mission Zanja Creek in the amount of $16,941.00 which will be paid from the proceeds of a HUD grant. Police Substation Lease Agreement - On motion of Councilmember Freedman, seconded by Councilmember Peppler, the City Council unanimously approved a two year lease agreement with 7-Eleven, Inc. for the east police substation and authorized the Mayor and City Clerk to sign the agreement on behalf of the City. CLETS Contract - On motion of Councilmember Freedman, seconded by Councilmember Peppler, the City Council unanimously approved renewal of an agreement with the San Bernardino Sheriffs Department for access to the California Law Enforcement Telecommunications Systems (CLETS) and authorized the Mayor and City Clerk to sign the agreement on behalf of the City. Rental Agreement - Inland Empire Stars Baseball - On motion of Councilmember Freedman, seconded by Councilmember Peppler, the City Council unanimously approved a rental agreement with Inland Empire Stars Baseball and authorized the Mayor and City Clerk to sign the agreement on behalf of the City. Funds - Defibrillator Donation - On motion of Councilmember Freedman, seconded by Councilmember Peppler, the City Council unanimously approved an additional appropriation in the amount of $3,500.00 to purchase a defibrillator for the Police Department. These funds were donated by the Redlands 4th of July Committee, Inc. Agreement - State Board of Prison Terms - On motion of Councilmember Freedman, seconded by Councilmember Peppler, the City Council unanimously approved a facility use agreement with the State Board of Prison Terms for use of the Safety Hall meeting room and authorized the Mayor and City Clerk to sign the agreement on behalf of the City. Resolution No. 5894 - Recreation Fees and Facility Rentals - Dave Eason presented a suggested revision to the field rental rates section of Resolution No. 5894 differentiating youth and adult non-profit groups. On motion of Councilmember Freedman, seconded by Councilmember Peppler, the City Council unanimously adopted Resolution No. 5894, a resolution of the City of the City of Redlands establishing new fees for facility rentals and recreation services, program and activities, and rescinding Resolution No. 5345, as presented by staff. June 5, 2001 Page 3