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HomeMy WebLinkAbout06296 - DESERT AIDS PROJECT CARRIAGE RIDE ENCLOSURE USE AGR FACILITY USE AGREEMENT (CARRIAGE RIDE ENCLOSURE) This Facility Use Agreement ("Agreement") is made and entered into this 1st day of November, 2012, by and between the City of Palm Springs ("City") and the Desert AIDS Project ("DAP"), a California public benefit corporation concerning the use of the City-owned Carriage Ride Enclosure located in the"Vineyard Parking Lot"on Belardo Road behind the City-owned facility at 223 South Palm Canyon Drive("Facility"). The City and DAP do hereby mutually agree as follows: AGREEMENT 1. TERM OF USE. This Agreement shall be in full force and effect for a period of one month beginning November 2, 2012 and ending December 3, 2012. 2. FACILITY USE. 2.1 Carriage Ride Enclosure. City grants DAP the use of a portion of the City's Carriage Ride Enclosure ("Facility"), located within the City-owned Vineyard Parking Lot ("Property") as identified in Exhibit "A" and incorporated herein by reference. The use of the Facility is solely for the storage, staging and decoration of a flat-bed parade float for the 2012 Pride Parade and the 2012 Festival of Lights Parade. 2.2 Fees and Charges for Facility Use.There is no fee charged to DAP for the use of the Facility for this event. 3. SECURITY. DAP is responsible for providing security within the Facility during the time period described in Section I of this agreement. DAP acknowledges that the Facility is open to the air and does not have fire sprinklers. Except for providing a key to the padlock on the gate,the City makes no representations about the security of the Facility. If DAP provides an additional lock on the gate, DAP shall provide a copy of the key or the lock combination to the City's Facilities Manager. 4. INSURANCE. 4_1 Minimum Insurance.DAP shall procure and maintain,at its sole cost and expense,in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: 4_2 Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance in an amount approved by the City's Risk Manager. Insurance companies shall have an AM Best's Guide Rating of A-, Class VII or better. 4_3 Proof of Insurance.Proof of the insurance required under Section 4 shall be provided to City prior to the execution of this Agreement. 0 R I G I N A L t-3i'0 AWJOR AGREE iEtl f 5. INDEMNIFICATION AND DEFENSE. 5.1 Indemnification. DAP agrees to indemnify the City, its officers, agents and employees against, and shall hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, including injury or death to any person, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "Claims") that may be asserted or claimed by any persons,firm or entity arising out of or related to this Agreement or DAP activities at the Facility,except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.2 Defense. Museum agrees to defend, with counsel acceptable to City, the City, its officers,agents and employees against any Claims that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or DAP activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.3 Costs Associated with Indemnification and Defense. DAP shall be responsible for all costs incurred by the City that are associated with the indemnification or defense of City by DAP, including any costs associated with the use of City resources, including lost time by employees, expended in furtherance of the indemnification or defense. 6. NOTICE. For purposes of this Agreement,the addresses of the parties for all notices are as follows: Cltv City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8299 Attention: City Manager DAP Desert AIDS Project 1695 N. Sunrise Way Palm Springs, CA 92262 Attn: Executive Director 7. RULES AND REGULATIONS DAP shall comply at all times with the rules of the Facility as described in Exhibit"B","Rules and Regulations." [SIGNATURES TO FOLLOW] 772566.1 2 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below. CITY OF PALM SPRINGS APPROVED BY CITY MANAGER ^'—" Date: avid H.Ready, City Manager ATTEST: \L\-\as Date: James Thompson, City Clerk �pY. APP S TO FORM: Date: D ug as . Holland, City Attorney DESERT AIDS PROJECT By: Date: � Its: (insert title) nzsea.i 3 EXHIBIT "A" (CARRIAGE RIDE ENCLOSURE-FACILITY) LOT 1 40f 3 gar s a� tat 24 i6od rwstiv LM 7 0. W Z CA; ` i. -PARCEL id1W KUL 11 002 EXHIBIT`B" RULES AND REGULATIONS 1. All loading and unloading of goods shall be done only at the times, in the areas and through the entrances reasonably designated for such purposes by City. The use of the Facility by DAP shall not impede the public's use of the Property for free public parking. 2. The delivery or shipping of merchandise, supplies and fixtures to and from the Facility shall be subject to such rules and regulations as in the reasonable judgment of City are necessary for the proper operation of the Facility or of the Property generally. 3. No loudspeakers,televisions,phonographs,radios or other devices shall be used in a manner so as to be heard or seen outside of the Facility without first obtaining in each instance written consent of City. 4. The outside sidewalks and loading areas immediately adjoining the Facility shall be kept clean and free from dirt and rubbish by DAP to the reasonable satisfaction of City, and DAP shall not place or permit any obstructions due to storage of construction material in such areas. 5. DAP shall not burn any trash or garbage of any kind in or about the Facility or the Property generally. 6. DAP will not allow animals,except seeing-eye dogs and/or those animals used on its parade float, in, about or upon the Facility. 7. DAP shall not use,and shall not allow anyone else to use,the Facility as a habitation. Such prohibition shall include, without limitation, sleeping, eating or bathing. 8. DAP shall not place any rubbish or other matter outside any Facility within the Property,except in such containers as are authorized from time to time by City. All of DAP's refuse and rubbish shall be removed to central trash bins located in the Property, at DAP's sole cost and expense.