HomeMy WebLinkAboutContracts & Agreements_12-2026MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REDLANDS AND
ARTLANDS CREATIVE REGARDING COMMUNITY GREENSPACE ENHANCEMENT
COLLABORATION
This Memorandum of Understanding Regarding Community Greenspace Enhancement
Collaboration ("MOU") is dated this 17' day of February, 2026 ("Effective Date"), and is entered
into by and between Artlands Creative ("Artlands"), a California nonprofit corporation and
501(c)(3) tax-exempt organization, and the City of Redlands ("City"), a municipal corporation and
general law city. Artlands and the City may be referred to herein individually as a "Party" and
collectively together as the "Parties."
RECITALS
WHEREAS, City owns a parcel which makes up a portion of Sylvan Park, more accurately
described as Assessor's Parcel Number 0170-083-03-0000; and
WHEREAS, Artlands has formed a working group named Redlands Eco Arts Community
Home (REACH), for the purpose of education training programs relating to both the public and
private sectors of the economy and the environment; and
WHEREAS, Artlands' desires that REACH on Artlands' behalf beautify the community
with the planting of plants, flowers and other plant materials for a green space and garden and
other improvements in accordance with the Artlands' Site Proposal attached hereto and
incorporated by reference as Exhibit "A" (the "Artlands Site Improvements"); and
WHEREAS, the City has agreed to provide a portion of city -owned property for the
Improvements located at southwest corner of North University Street and East Colton Avenue, as
more accurately described as Assessor's Parcel Number 0170-083-03-0000 (the "Property"), and
as depicted in Exhibit `B" (the "Location in Sylvan park"); attached hereto and incorporated by
reference herein as well as to provide access to irrigation for the Improvements; and
WHEREAS, research evidence suggests that green spaces such as parks and gardens
provide numerous benefits for human health, well-being, and the environment; and
WHEREAS, Artlands will provide the City with improved green space for the community.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants
hereinafter contained, and for other good and valuable consideration, the receipt of which is hereby
acknowledged, the Parties agree as follows:
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AGREEMENT
Section 1. Incorporation of Recitals. The above recitals are true and correct and are
hereby incorporated into this MOU by this reference.
Section 2. Authority. Unless otherwise specified herein, all authority to act on behalf
of the City will be exercised by the City of Redlands Facilities and Community Services (FCS)
Department Director, or his or her designee. Unless otherwise specified herein, all authority to act
on behalf of the Artlands pursuant to this MOU shall be exercised by the Artlands Executive
Director.
Section 3. Artlands Obligations.
A. Artlands will provide the City with a site plan in digital or paper form which
provides an overview of the Improvements, including but not limited to, the type of plants for the
green space/gardens and enhancements including drip -line irrigation, which is subject to prior
approval by the FCS Director, or his or her designee.
B. It is Artlands' responsibility to inspect the Property prior to making the
Improvements to ensure it is satisfactory for Artlands' purpose and safe for Artlands' staff and
volunteers.
C. Artlands will be responsible for acquiring all necessary plant materials, planting
soil, and other materials and equipment to perform the Improvements at its sole cost and expense.
The planting period will begin on or about February 18, 2026, and be completed on or about
December, 2026.
D. Artlands will be responsible for maintaining the Improvements with new plant
material as needed through December 31, 2026. Artlands will perform on -going maintenance on
the Property, including but not limited to, trimming, weeding, and clearing when necessary to
maintain the appearance and safety of the Property. Maintenance plan shall be approved by the
FCS Director or his or her designee.
E. Artlands will perform the Improvements on the Property using its own employees
and volunteers and shall not utilize City employees, volunteers or contractors to assist in the
Improvements on the Property.
F. Artlands will allow City to inspect the Property at any time to ensure all
Improvements have been performed consistent with this MOU, to ensure that there are no public
safety concerns, and that the work complies with all local and state laws and policies.
Section 4. City Obligations. The City agrees, at its cost and expense, to prepare the
Property for Artlands' Improvements by doing the following: (1) Any clearing necessary to
prepare the parcel; (2) installation of temporary fencing around the Property where the
Improvements will be installed; (3) Providing a water source; (4) Providing one point of supply
water line connection to the designated area within Sylvan Park: (5) Installation of DG pathways
and Mow Curbs. City and Artlands Obligations.
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A. The Parties agree to abide by all applicable laws, and regulations governing this
MOU.
B. The Parties agree that all Improvements on the Property shall be the sole property
of City and Artlands shall have no ownership rights over any of the Improvements on the Property.
Section 5. Indemnity and Insurance.
A. Artlands 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 Artlands' negligent acts or omissions, and the willful misconduct of
Artlands, and Artlands' employees, contractors, volunteers, agents, and invitees in the
performance of its obligations as set forth in this MOU. This section shall survive any termination
or expiration of this MOU.
B. City shall defend, indemnify and hold harmless Artlands, and its officers,
employees, volunteers and agents from and against any and all claims, causes of action, damages
and liability resulting solely from City's negligent acts or omissions, and the willful misconduct
of City and City's officers, officials, employees, contractors, volunteers, contractors, and agents
in the performance of its obligations as set forth in this MOU. This section shall survive any
termination or expiration of this MOU.
C. Artlands shall provide the following insurance coverages:
1. Comprehensive general liability insurance, with carriers acceptable to City,
with minimum coverage of One Million Dollars ($1,000,000) per
occurrence, and Two Million Dollars ($2,000,000) aggregate for public
liability, property damage and personal injury. City shall be named as an
additional insured and such insurance shall be primary and non-contributing
to any insurance or self-insurance maintained by City. A certificate of
insurance with endorsements evidencing such coverage shall be provided to
City prior to Artlands' occupancy of the Property.
2. 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 Artlands is self -insured or exempt from the
worker's compensation laws of the State of California. Workers'
Compensation coverage shall be endorsed to include volunteer coverage for
Artlands' employees and volunteers. Artlands shall provide City with
Exhibit "C," titled "Workers' Compensation Insurance Certification,"
which is attached hereto and incorporated herein by this reference prior to
occupancy of the Premises.
Any contractors or subcontractors assisting Artlands with the hmprovements must
maintain the same insurance coverage as Artlands. Artlands shall provide a certificate of
insurance with endorsements evidencing such coverage and the certificate shall be provided to
City prior to contractor or subcontractor's performance of the Improvements on Property.
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Section 6. Duration and Termination. This MOU will be effective for a period of
three (3) years commencing from the Effective Date set forth above. Either Party may terminate
this MOU at any time by providing 30 days' prior written notice to the other party.
Section 7. Notices. 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 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.
If to the City: City of Redlands
Facilities and Community Services Department
35 Cajon Street, Suite 222, Redlands CA 92373
Attn: Director of Facilities and Community Services
If to Artlands: Artlands Creative
18 East Vine Street, Redlands, CA 92373
Attn: Executive Director
Section 8. Miscellaneous Terms.
A. Representation and Warranties. Each Party has the requisite power and authority to
execute and perform this MOU. Each person executing this MOU warrants that he or she has the
legal power, right, and authority to execute this MOU and bind his or her respective Party.
B. Governing Law. This MOU shall be governed by and construed in accordance with
the laws of the State of California. Prior to initiating any legal action arising out of or relating to
this MOU, the parties agree to meet and confer in a good faith effort to resolve the dispute. If such
efforts are unsuccessful, venue for any legal action will be in the courts located in San Bernardino
County, California.
C. Relationship of the Parties. Nothing contained in this MOU shall be construed as
creating a joint venture, partnership, or any other similar arrangement between the Parties. No
Party to this MOU shall be deemed to be a representative, an agent, or an employee of the other
Party. Unless otherwise expressly specified in this MOU, no Party shall have any authority or right
to assume or create any obligation of any kind or nature, express or implied, on behalf of, or in the
name of, any other Party, nor bind any other Party in any respect, without the specific prior written
authorization of the other Party.
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D. Waiver. No Party shall be deemed to have waived any provision of this MOU unless
such waiver is in writing and signed by such Party.
E. Legal Compliance. The Parties shall comply with all applicable Federal, State, and
local laws and regulations related to the transactions set forth in, or referenced by, this MOU.
F. Third -Party Beneficiary. No claim as a third -party beneficiary under this MOU by
any person, corporation, or any other entity, shall be made or be valid against Artlands or the City.
G. Headings. The section headings used in this MOU are for convenience only and
shall not be deemed to limit, construe, affect or alter the meaning of this MOU.
H. Entire Agreement. This MOU constitutes the entire agreement between the Parties
with respect to the matters contained herein and shall supersede and replace any and all other prior
understandings, correspondence, and agreements, oral or written, between the Parties with respect
thereto.
I. Modification. No change, amendment or modification of this MOU shall be valid
or binding upon the Parties unless such change, amendment, or modification is in writing and duly
executed by all Parties.
J. Assignment or Transfer. Artlands shall not assign, hypothecate, or transfer, either
directly or by operation of law, this MOU or any interest herein without the prior written consent
of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates, or
transferees shall acquire no right or interest by reason of such attempted assignment,
hypothecation, or transfer.
K. Binding Effect. The terms of this MOU shall inure to the benefit of, and shall be
binding upon, each of the Parties and their respective successors and assigns.
L. Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this MOU shall be declared invalid or unenforceable by a
valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
MOU which are hereby declared as severable, and shall be interpreted to carry out the intent of the
Parties hereunder.
M. Cooperation: Further Acts. The Parties shall reasonably cooperate with one another
and shall take any additional acts or sign any additional documents as may be necessary,
appropriate, or convenient to attain the purposes of this MOU.
N. Counterparts. This MOU may be signed in counterparts, each of which shall
constitute an original.
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[Simatures on Next Pale]
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SIGNATURE PAGE
TO
MOU BETWEEN ARTLANDS CREATIVE AND THE CITY OF REDLANDS
REGARDING COMMUNITY GREEN SPACE ENHANCEMENT COLLABORATION
IN WITNESS WHEREOF, the Parties have executed this MOU as of February 17th,
2026.
Artlands Creative
City of Redlands
Q
A- iZ
By: By.
Daniel Gohman, xecutive Director Mario Saucedo, Mayor
Date: 211212096 Date:
ATTEST:
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EXHIBIT "A"
ARTLANDS SITE IMPROVEMENTS
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EXHIBIT "B"
LOCATION IN SYLVAN PARK
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• ' pro . • ,'• i a► . tsr . I .
• North of the rose garden, east of the ball field and west of N. University St.
• South edge of the proposed area is 40 linear feet and east edge 72'runs
directly north -south, bounded by existing dirt walkways.
• Approximate area = 2,127 square feet, bounded by 202 perimeter feet.
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EXHIBIT "C"
WORKER'S COMPENSATION INSURANCE CERTIFICATE
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).
_X I 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 employ any person such that I 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.
Artlands Creative
By: Date:_ 2/1 vzo2a
Daniel Gohman, E ecutive Director
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