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The Plaza Racquet Club
Funding Agreement
AGREEMENT #4777
CM signed 9-26-03
FUNDING AGREEMENT --
THIS AGREEMENT is executed on September 22, 2003 by and between
the CITY OF PALM SPRINGS, a municipal corporation of the State of California,
hereinafter referred to as "City," and The Plaza Racquet Club, a sole
proprietorship, hereinafter referred to as "Racquet Club."
WHEREAS, the City recognizes the importance of Community Based
Organizations (CBO) and the many services they provide to families and
individuals both within the City and throughout the Coachella Valley;
WHEREAS, the Racquet Club offers youth tennis clinics throughout the
year;
WHEREAS, the Racquet Club has attempted to provide financial
scholarships to disadvantage youth to help cover the cost of the clinics and
related equipment;
WHEREAS, the Racquet Club has limited financial resources and is only
able to provide a few scholarships annually;
WHEREAS, the City has received a generous grant from the Irene and
Guy Anderson Children's Foundation to fund youth tennis programs within the
community;
WHEREAS, the City wishes to provide this grant to the Racquet Club to
help fund additional scholarships for disadvantaged youth wishing to participate
in their youth tennis clinics.
NOW, THEREFORE, IT IS AGREED as follows:
1. Community Services. Racquet Club agrees that any funding provided by City
will be used to provide scholarships for underprivileged youth to cover the
cost of the tennis clinics and related equipment.
(a) Amount. City hereby allocates to Racquet Club for the sum of
$10,000. This allocation of funds shall be provided by City to pay all
approved expenditures made in accordance with the community service
program set forth in Section 1.
(b) Method of Payment. City shall retain the right to select the method and
frequency of payment.
(c) First Payment Due. The City shall disburse funds upon receipt of a
written invoice prepared and furnished by Racquet Club.
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2. Reimbursement, All amounts paid to Racquet Club pursuant to this Contract
shall be subject to reimbursement upon the occurrence of any of the following
events:
(a) The dissolution of the Racquet Club; or
(b) The cancellation or suspension of their Tennis Clinic Program; or
(c) Racquet Club terminates or attempts to terminate this Contract for
any reason other than City's failure to make payments as provided
hereunder; or
(d) Racquet Club fails to fulfill the responsibilities, duties, and
obligations set forth herein.
3. Administration of Agreement. The City Manager is hereby designated as the
administrator of this Agreement and is hereby authorized on behalf of the City
to make any determinations necessary for implementation of the provisions of
this Agreement.
4. Audits. City shall have the right to monitor and audit all work performed under
this Agreement, City will notify Racquet Club in writing within thirty (30) days
of any potential exceptions discovered during such audits. Where such
findings indicate that agreement requirements are not being met, upon such
written notification Racquet Club promises to take appropriate corrective
action immediately.
5. Indemnification. Racquet Club agrees to indemnify, defend and save City, its
officers, agents and employees from any and all claims and losses accruing
or resulting to any and all contractors, subcontractors, materialmen, laborers,
and any other person, firm or corporation furnishing or supplying work,
services, materials or supplies in connection with the performance of this
Agreement and for any and all claims and losses accruing or resulting to any
person, firm or corporation who may be injured or damaged by Racquet Club
in the performance of this Agreement.
6. Compliance with Law.
(a) All work done under this Agreement shall be done in compliance with
the applicable provisions of the federal and state laws and any regulations
promulgated thereunder.
(b) Racquet Club agrees to comply with all state or local licensing
standards; all applicable accrediting standards and any other standards or
criteria established by the state or local laws to assure quality of service.
(c) This Agreement shall be governed and construed in accordance with
the laws of the State of California.
7. Term of Agreement. The effective date of this Agreement shall be October 1,
2003 and shall terminate June 30, 2004.
8. Complete Agreement. This Agreement contains all the terms and conditions
agreed upon by the parties. No other understandings, oral 'or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to
bind any of the parties hereto.
9. Amendments. Any alterations, variations, modifications or waivers of
provisions to this Agreement shall be valid only when reduced to writing duly
signed and attached to the original of this Agreement.
10. Assignment. Racquet Club shall not assign any interest in this Agreement
without the prior written consent of City, and any attempted assignment
without such consent shall be void.
IN WITNESS WHEREOF, this Agreement has been executed by the
parties hereto on the date first above written.
CITY OF PALM SPRINGS PLAZA RACQUET CLUB
0
By:, 4 ���� a ? By:
D*V�id H. Raft, City Manager Kurt Haggstrom, Tennis Director
AT
By:TE o
City Clerk
Plaza Racquet Club
1300 E. Baristo Rd. 6 ll ✓
Palm Springs, CA 92262
Yates & Associates Ins Services DATE OF MAILING:
2100 E 4th St, 2nd Floor 9/26/03
Santa Ana, CA 92705
Calif License # 0705050 POLICY NO.: s'
CPS0609710
NOTICE OF CANCELLATION
Additional Insured copy KIND OF POLICY:
Package- Retail
INSURED: PLAZA RAQUET CLUB COMPANY:
1300 BARISTO ROAD Scottsdale Insurance Co.
Palm Springs, CA 92262
CERTIFICATION
I hereby certify that I personally mailed in the U.S. Post
AGENT: RANDY L. ROSTEN INS. AGENCY Office at the place and time stamped herein,a notice of
PMB-474 44-489 TOWN CENTER WAY, STE. D cancellation or non-renewal to the Insured and, if re-
quired,to the additional parties shown below and at said
time received from the U.S.Post Office the receipt made
a part hereof or attached.
Signed this day of 20
Signature
--Reason: The Insured has' e—en notified of the reason. — _ -- — — -
You are hereby notified that the above policy is CANCELLED effective 10/9/03 12:00 AM
DATE STANDARD TIME
in accordance with the terms and conditions of the policy. If the premium has been paid, premium adjustment will be
made as soon as practicable after Cancellation becomes effective. If the premium has not been paid, a bill for the
premium earned will be forwarded in due course.
CO,NtrERSIGNATURE
Additional parties notified of this cancellation (Such parties may be mortgagees, lienholders, additional insureds
or certificate holders:
CITY OF PALM SPRINGS
P.O. BOX 2743
Palm Springs, CA 92262
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September 11, 2003
Mr. David Ready
City Manager
Palm Springs, CA. 92262
Dear Mr. Ready,
I would like to thank you for your help establishing a youth
tennis program at the Plaza Racquet Club. Our goal is to provide
funds for facilities, equipment and instruction for children and
adolescents in the Palm Springs area.
The Tennis program would be open to children from all
backgrounds and the funds would be dispersed by the staff of the
Plaza Racquet Club. Thank you.
Sincerely,
Bill Schlesinger
Schlesinger
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