HomeMy WebLinkAboutContracts & Agreements_22-2024CITY OF REDLANDS
FACILITY USE AGREEMENT
This Facility Use Agreement ("Agreement") dated the 6th day of February, 2024,
("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and
Civil Air Patrol, ("CAP") a District of Columbia nonprofit corporation (for the benefit of the
Redlands Cadet Squadron 411). City and CAP are sometimes individually referred to herein as a
"Party" and, together, as the 'Parties."
ARTICLE I. PREMISES
Section 1.01. City agrees to permit CAP to use the City hangar lobby at the Redlands
Municipal Airport (REI), Redlands, California (the "Premises") on the terms and conditions
hereinafter set forth.
ARTICLE 2. TERM
Section 2.01. This Agreement shall be for a term of five (5) years coininencing on its
Effective Date, unless earlier terininated as provided for herein,
Section. 2.02. Either Party may terminate this Agreement, without cause, by providing
thirty (30) days prior written notice to the other Party specifying the date for termination of this
Agreement.
ARTICLE 3. RENT
Section 3.01. Except as provided in Section 4.02, below, upon execution of this
Agreement, City will waive the use fee for CAP's use of the Premises during the term of this
Agreement. CAP shall assume full responsibility for its personal property used at the Premises,
and shall hold City harmless for any theft, damage, and other incidents relating to CAP's personal
property, unless due to the negligence of the City.
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Section 3,02. CAP shall support the operation of REI by performing volunteer services
arid activities to better the premises, support events, and activities at REI, and promote aviation
activities at REI for young residents of Redlands,
ARTICLE 4. USE OF PREMISES
Section 4.01. Scope of Use. The Premises shall be used for the exclusive purpose of
operating Cadet programs and training and providing an opportunity for youths to explore
aviation. CAP shall not use or permit the Premises to be used for any other purpose without the
prior written consent of City. CAP will submit a quarterly proposed schedule for review and
approval by the Airport Supervisor.
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Section 4.02. Operation of Business. During the term of this Agreement, CAP shall, unless
prevented by conditions beyond its control, conduct business of the type and nature specified in
Section 4.01 of this Agreement on the Premises in a safe and business -like manner. The Premises
shall be used only for the time and dates approved for CAP by the Airport Supervisor and shall
not exceed 260 hours annually. CAP shall assume full responsibility for its personal property used
at the Premises and shall hold City harmless for any theft or damage relating to CAP's personal
property.
Section 4,03. Volunteers. As part of the facilities agreement, CAP will provide volunteers
to perform administrative and field service activities at REI.
Section 4.04. User Responsibility. CAP shall be solely responsible for any set up and
cleaning associated with its use of the Premises and shall maintain the Premises in a clean and
litter free manner.
Section 4.05. Insurance Hazards. CAP shall not commit, or permit the commission of,
any acts onthe Premises, or 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. CAP shall, at its own cost and
expense, maintain insurance for all personal property and improvements on the Premises.
Section 4.06. Waste or Nuisance. CAP shall not commit, or permit the commission by
others, of any waste on the Premises. CAP shall not maintain, commit, or permit the maintenance
or commission of any nuisance on the Premises, and CAP shall not use or permit the use of the
Premises for any unlawful purpose.
Section 4.07. Compliance with Laws. CAP shall, at CAP's sole cost and expense, comply
with all statutes, ordinances, regulations, and requirements of all governmental entities, federal,
state and county or municipal, relating to CAP's use and occupancy of the Premises for CAP's
operation of business whether those statutes, ordinances, regulations, and requirements are now
in force or are subsequently enacted. The judgment of any court of competent jurisdiction, or the
admission by CAP in a proceeding brought against CAP by any government entity that CAP has
violated any such statute, ordinance, regulation, or requirement shall be conclusive as between
City and CAP and shall constitute grounds for termination of this Agreement by City.
ARTICLE 5. INDEMNITY AND INSURANCE
Section 5.01. CAP shall defend, indemnify, and hold harmless City, and its elected
officials, officers, employees, and agents from and against any and all claims, causes of action,
damages and liability resulting from CAP's negligent acts or omissions, and the willful
misconduct of CAP, and that of CAP's agents, employees and invitees, during CAP's occupation
and use of the Premises during the term of this Agreement. This section shall survive any
termination or expiration of this Agreement,
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Section 5.02. City shall defend, indemnify, and hold harmless CAP, and its elected
officials, officers, employees, and agents from and against any and all claims, causes of action,
damages and liability resulting from City's negligent acts or omissions, and the willful misconduct
of City, and that of City's agents, employees and invitees, during CAP's occupation and use of
the Premises during the term of this Agreement. This section shall survive any termination or
expiration of this Agreement.
Section 5.03. CAP shall maintain, at its own cost for the term of this Agreement, public
liability insurance in the amount of One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2,000,000) in the aggregate, issued by an insurance company acceptable to City,
CAP shall provide City with a certificate of insurance and endorsements evidencing City as an
additional insured on the policy prior to CAP's use and occupancy of the Premises. Such insurance
shall be primary with respect to City and non-contributory to any insurance or self-insurance
maintained by City. The policy shall specify that, before amending or canceling the policy, the
issuing insurance company shall give City at least thirty (30) days prior written notice, City and
CAP acknowledge and agree that the insurance required of CAP is subject to annual review by
City and subject to increases in the amount and scope of coverage, as reasonably determined by
City.
Section 5,04. CAP shall maintain, at its own cost, Workers' Compensation and Employer's
Liability insurance in the amount that meets statutory requirements with an insurance carrier
acceptable to City, or certification to City that Consultant is self -insured or exempt from the
workers' compensation laws of the State of California. Consultant shall execute and provide City
with Exhibit "A," titled "Workers' Compensation Insurance Certification," which is attached
hereto and incorporated herein by this reference, prior to use of Premises,
ARTICLE 6. TAXES AND UTILITIES
Section 6.01. City shall pay, and hold CAP free and harmless from, all charges for the
furnishing of gas, water, sewer, electricity, solid waste disposal and other public utilities provided
to the Premises during the term of this Agreement.
ARTICLE 7. ASSIGNMENT PROHIBITED
Section 7.01. This Agreement is personal to CAP. CAP shall not encumber, assign,
sublease or otherwise transfer this Agreement, or any right or interest therein, without the prior
written consent of City. Any encumbrance, assignment, sublease or transfer without such prior
written consent of City shall constitute an immediate breach of this Agreement and may
notwithstanding any other provision of this Agreement and at the sole discretion of City, result in
the immediate termination of this Agreement.
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ARTICLE 8. ATTORNEYS' FEES
Section 8.01. 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 the recovery of its reasonable attorneys' fees, including fees for use of in-house
counsel by a Party.
ARTICLE 9. NOTICES
Section 9.01. Any notice or other communication required, or which may be given,
pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on
the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or
(iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class,
certified, registered or express mail; in each case properly posted and fully prepaid to the
appropriate address set forth below, or such other address as a party may provide notice in
accordance with this section:
CITY OF REDLANDS
Tabitha Crocker, Director
P.O. Box 3005
Redlands, CA 92373
tcrocker@cityofredlands.org
CIVIL AIR PATROL
General Counsel
105 South Hansell St., Building 714
Maxwell AFB AL, 36112
ARTICLE 10, TERMINATION
Section 10.01. In the event of any breach of this Agreement by CAP, in addition to any
other rights or remedies City may have, City shall have the option of immediately terminating this
Agreement. All remedies of City under this section shall be cumulative and in addition to any other
legal or equitable rights and remedies which City may have,
ARTICLE 11. ENTIRE AGREEMENT
Section 11.01. No waiver but either Party of any provision of this Agreement, or waiver
of any breach of this Agreement, shall be deemed to be a waiver of any other provision of this
Agreement, or of any subsequent breach by either Party of the same of any other provision ofthis
Agreement.
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Executed as of the 6th day of February 2024, at Redlands, California.
CITY OF
Eddie Tejeda, Mayor
City of Redlands Civil Air Patrol
CIVIL MR PATROL
ATTEST:
anne Donaldson, City Clerk
1st Lt Randall Layne
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EXHIBIT "A"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure,
either as an individual employer, or as one employer in a group of employers, which may be
given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -
insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code §1861).
affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I ernploy any person such that
'become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
CIVIL AIR PATROL Date:
By:
it Randall Layne
Civil Air Patrol
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