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HomeMy WebLinkAbout2016-105 1 RESOLUTION NO. 2016-105 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 3 FACILITY USE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND 4 UNITED NATIONS OF CONSCIOUSNESS FOR USE OF ANNE SHIRRELLS COMMUNITY CENTER. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. That the City Manager is hereby authorized to execute a facility use 9 agreement between the City of San Bernardino and United Nations of Consciousness for the 10 use of the Anne Shirrells Community Center, located at 1367 N. California Street, San 11 Bernardino, CA 92411, a copy of which is attached hereto, marked Exhibit"A" and 12 13 incorporated herein by references as fully as though set forth at length; and 14 SECTION 2. That the authorization granted hereunder shall expire and be void and 15 16 of no further effect if the agreement is not executed by both parties and returned to the office 17 of the City Clerk within sixty (60) days following the effective date of the resolution. /// 18 19 20 /// 21 22 23 24 /// 25 26 /// 27 28 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 2 FACILITY USE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND UNITED NATIONS OF CONSCIOUSNESS FOR USE OF ANNE SHIRRELLS 3 COMMUNITY CENTER. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on 7 the 6`h day of June, 2016, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ X 11 BARRIOS X 12 VALDIVIA X 13 14 SHORETT X 15 NICKEL X 16 RICHARD X 17 MULVIHILL X 18 / 19 20 George Hanna, C , City Clerk 21 The foregoing resolution is hereby approved this — day of June, 2016. 22 l 23 R. Carey Da ter, Mayor 24 City of San nardino 25 Approved as to form: 26 Gary Saenz, City Attorney 27 By. S 28 2 2016-106 FACILITY USE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE UNITED NATIONS OF CONSCIOUSNESS FOR USE OF THE ANNE SHIRRELLS COMMUNITY CENTER This Facility Use Agreement ("Agreement") is entered into this 6th day of June , 2016 , by and between the CITY OF SAN BERNARDINO, ("City"), a charter city and municipal corporation, and UNITED NATIONS OF CONSCIOUSNESS,("Licensee") a nonprofit corporation (individually City or Licensee may be referred to as a "Party" and collectively as the "Parties"). RECITALS WHEREAS, City owns the Anne Shirrells Park ("Park") located at 1367 North California Street, San Bernardino, California; and, WHEREAS, the Licensee and the San Bernardino City Unified School District ("School District") are entering into a Professional Development Agreement for Licensee to operate an "Adopt-a-Community Project— Summer Program" ("Program") for low income residents within the City of San Bernardino; and, WHEREAS, Licensee wishes to use the community center located within the Park commonly known as the Anne Shirrells Park Community Center ("Community Center") for the purpose of the Program; and, WHEREAS, City and Licensee desire to enter into an agreement for the use of the Community Center for the purposes set forth above. AGREEMENT NOW, THEREFORE, for valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. License. 1.1. Licensee is authorized to enter upon the Community Center within the Park and to use the Community Center for the purpose of running the Program for the School District.No interest in real property is conveyed by this Agreement. UNC—Anne Shirrells Park FACILITY USE AGREEMENT Page 1 of 7 2016-105 1.2. This Agreement does not constitute a lease, but constitutes a mere revocable license ("License"). Licensee shall be entitled to use only the portions of the Park and Community Center designated by City. Licensee shall have no right or privilege to use any other portion of the Park or Community Center not designated by the City. 1.3. The term of this License shall commence on June 10, 2016, and shall terminate on August 10, 2016. 1.4. The City Manager may revoke this License and terminate the Agreement at any time, for any reason, or no reason, effective immediately. 1.5. Licensee shall pay to the City the sum of TWO THOUSAND SIXTEEN DOLLARS ($2016.00) for use of the Community Center. 1.6. Licensee shall also pay to City a refundable cleaning deposit in the amount of $500. The deposit shall be held by the City to ensure that Licensee properly cleans the Community Center. If Licensee fails to do so, the City Manager may deduct from the deposit the cost to clean the area used by Licensee. 1.7. The License is non-exclusive. The City will continue at all times to maintain and control the Community Center, including the portion used by Licensee. 1.8. This License is personal to Licensee and may not be transferred or assigned. 1.9. Licensee shall not use the Community Center for any purpose other than as expressly provided for in this License. 1.10. The Community Center is primarily used by the City, its employees, and members of the public in furtherance of City governmental business. City governmental business takes priority over all non-City use. If Licensee's use interferes with or conflicts with the use of the Community Center for City governmental business, this License may be terminated by the City Manager. 1.11. Licensee's use of the Community Center shall not obstruct or interfere with the Public's use of the Park. 1.12. Licensee's use of the Community Center shall not obstruct or interfere with ingress or egress to or from Park by the public, City employees, or anyone else authorized to enter the Park. UNC—Anne Shirrells Park FACILITY USE AGREEMENT Page 2 of 7 2016-105 1.13. Licensee shall not commit, suffer, or permit the commission by others of any waste or nuisance at the Park. Licensee shall leave the Community Center in a neat, clean and sanitary condition. 1.14. Licensee shall be liable to City for any loss to the Community Center or Park arising from, or in connection with, the use of the Community Center by the Licensee or any of its officers, agents, employees, members, or participants. Licensee shall be responsible for all costs incurred by City to clean and/or repair the Community Center or Park after Licensee's use. 1.15. Licensee is responsible for supplying any equipment needed for Licensee's use. City assumes no responsibility or liability for equipment brought to the Community Center by Licensee. Licensee is solely responsible for all equipment Licensee brings to the Community center. 1.16. This Licensee grants a one-time use only. This License shall not in any way be construed to grant rights to regularly use the Community Center, the Park or any portion thereof. 1.17. Licensee may not solicit or collect a fee to park vehicles at the Park. 1.18. Following City's consent, Licensee shall have the right to temporarily place at the Community Center a maximum of three (3) signs, at locations mutually agreed by the Parties, any signs which are permitted by applicable zoning ordinances and private restrictions. City may refuse consent to any proposed signage that is in City's opinion too large, deceptive, unattractive or otherwise inconsistent or inappropriate with the nature of the Community Center or Park. Licensee shall repair all damage to the Community Center or Park resulting from the removal of signs installed by Licensee. 2. Indemnification. City shall not be liable for, and Licensee shall defend and indemnify City and its officers, agents, employees and volunteers (collectively, "City Parties") against any and all claims, deductibles, self-insured retentions, demands, liability,judgments, awards, fines, mechanics' liens, or other liens, labor disputes, losses, damages, expenses, charges or costs, of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected to Licensee's use of the Community Center, or any act, error, omission, or negligence of Licensee, its agents, servants, officers, directors, members, UNC—Anne Shirrells Park FACILITY USE AGREEMENT Page 3 of 7 2016-105 employees, or guests, including without limitation, Claims caused by the concurrent negligent act, error, or omission, whether active or passive, of City Parties. 3. Insurance. Licensee is to carry fire and comprehensive general liability insurance to insure City against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts, or any other cause, in an amount not less than $1,000,000 per occurrence with an aggregate of not less than $2,000,000. Licensee's liability insurance shall name City as an additional insured. Licensee shall provide City with a Certificate of Insurance establishing Licensee's compliance prior to the date in Section 1.3. Licensee shall ensure that the premiums thereon are fully paid on or before the due date. Licensee shall provide ten (10) days advance notice to City if a policy is due to expire or be canceled. The limits of the insurance shall not limit the liability of the Licensee nor relieve Licensee of any obligation hereunder. All insurance by Licensee shall be primary to and not contributory with any similar insurance carried by City, whose insurance, if any, shall be considered excess insurance only. Licensee has been advised and understands that City is self-insured. 4. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 5. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO LICENSEE: IF TO CITY: La'Nae Norwood, Director Office of the City Manager 15469 Crimson Street 300 North"D" Street, 6th Floor Fontana, CA 92336 San Bernardino, CA 92410 UNC—Anne Shirrells Park FACILITY USE AGREEMENT Page 4 of 7 2016-105 6. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this Agreement. 7. Governing Law and Venue. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be the Superior Court located in San Bernardino County, California. 8. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 9. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Licensee and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 10. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 11. Amendments. Only a writing executed by all of the parties hereto or their respective successors and assigns may amend this Agreement. 12. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative UNC—Anne Shirrells Park FACILITY USE AGREEMENT Page 5 of 7 2016-105 of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 13. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 14. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 15. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. 16. Compliance with Law; Non-Discrimination. Licensee shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Licensee's use of the Community Center. In the performance of this Agreement, Licensee shall not engage in, nor permit its officers, employees or agents to engage in, discrimination of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, veteran status or any other status protected by law. 17. Property Rules. Licensee will comply with the rules of the property adopted by City and will cause all of its agents, employees, invitees and visitors to do so. 18. Force Majeure. A party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. UNC—Anne Shirrells Park FACILITY USE AGREEMENT Page 6 of 7 2016-105 FACILITY USE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE UNITED NATIONS OF CONSCIOUSNESS CITY AND LICENSEE HAVE CAREFULLY READ AND REVIEWED THIS AGREEMENT AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS AGREEMENT SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS AGREEMENT IS EXECUTED,THE TERMS OF THIS AGREEMENT ARE REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF THE CITY AND LICENSEE WITH RESPECT TO THE ABOVE STATED PURPOSES. UNITED NATIONS OF CONSCIOUSNESS CITY OF SAN BERNARDINO Executed: Executed: On: / / 2016 On: / /2016 By: By: Its: Mark Scott, City Manager Approved as to Form: GARY D. SAENZ, CITY ATTORNEY By: ( C -�- UNC—Anne Shirrells Park FACILITY USE AGREEMENT Page 7 of 7 2016-106 FACILITY USE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE UNITED NATIONS OF CONSCIOUSNESS FOR USE OF THE ANNE SHIRRELLS COMMUNITY CENTER This Facility Use Agreement ("Agreement") is entered into this 6 th day of June , 2016 , by and between the CITY OF SAN BERNARDINO, ("City"), a charter city and municipal corporation, and UNITED NATIONS OF CONSCIOUSNESS,("Licensee") a nonprofit corporation (individually City or Licensee may be referred to as a "Party" and collectively as the "Parties"). RECITALS WHEREAS, City owns the Anne Shirrells Park ("Park") located at 1367 North California Street, San Bernardino, California; and, WHEREAS, the Licensee and the San Bernardino City Unified School District ("School District") are entering into a Professional Development Agreement for Licensee to operate an "Adopt-a-Community Project— Summer Program" ("Program") for low income residents within the City of San Bernardino; and, WHEREAS, Licensee wishes to use the community center located within the Park commonly known as the Anne Shirrells Park Community Center ("Community Center") for the purpose of the Program; and, WHEREAS, City and Licensee desire to enter into an agreement for the use of the Community Center for the purposes set forth above. AGREEMENT NOW, THEREFORE, for valuable consideration, the sufficiency of which is hereby acknowledged,the Parties agree as follows: 1. License. 1.1. Licensee is authorized to enter upon the Community Center within the Park and to use the Community Center for the purpose of running the Program for the School District. No interest in real property is conveyed by this Agreement. UNC—Anne Shirrells Park FACILITY USE AGREEMENT Page I of 7 2016-105 1.2. This Agreement does not constitute a lease, but constitutes a mere revocable license ("License"). Licensee shall be entitled to use only the portions of the Park and Community Center designated by City. Licensee shall have no right or privilege to use any other portion of the Park or Community Center not designated by the City. 1.3. The term of this License shall commence on June 10, 2016, and shall terminate on August 10, 2016. 1.4. The City Manager may revoke this License and terminate the Agreement at any time, for any reason, or no reason, effective immediately. 1.5. Licensee shall pay to the City the sum of TWO THOUSAND SIXTEEN DOLLARS ($2016.00) for use of the Community Center. 1.6. Licensee shall also pay to City a refundable cleaning deposit in the amount of $500. The deposit shall be held by the City to ensure that Licensee properly cleans the Community Center. If Licensee fails to do so, the City Manager may deduct from the deposit the cost to clean the area used by Licensee. 1.7. The License is non-exclusive. The City will continue at all times to maintain and control the Community Center, including the portion used by Licensee. 1.8. This License is personal to Licensee and may not be transferred or assigned. 1.9. Licensee shall not use the Community Center for any purpose other than as expressly provided for in this License. 1.10. The Community Center is primarily used by the City, its employees, and members of the public in furtherance of City governmental business. City governmental business takes priority over all non-City use. If Licensee's use interferes with or conflicts with the use of the Community Center for City governmental business, this License may be terminated by the City Manager. 1.11. Licensee's use of the Community Center shall not obstruct or interfere with the Public's use of the Park. 1.12. Licensee's use of the Community Center shall not obstruct or interfere with ingress or egress to or from Park by the public, City employees, or anyone else authorized to enter the Park. UNC—Anne Shirrells Park FACILITY USE AGREEMENT Page 2 of 7 2016-105 1.13. Licensee shall not commit, suffer, or permit the commission by others of any waste or nuisance at the Park. Licensee shall leave the Community Center in a neat, clean and sanitary condition. 1.14. Licensee shall be liable to City for any loss to the Community Center or Park arising from, or in connection with, the use of the Community Center by the Licensee or any of its officers, agents, employees, members, or participants. Licensee shall be responsible for all costs incurred by City to clean and/or repair the Community Center or Park after Licensee's use. 1.15. Licensee is responsible for supplying any equipment needed for Licensee's use. City assumes no responsibility or liability for equipment brought to the Community Center by Licensee. Licensee is solely responsible for all equipment Licensee brings to the Community center. 1.16. This Licensee grants a one-time use only. This License shall not in any way be construed to grant rights to regularly use the Community Center, the Park or any portion thereof. 1.17. Licensee may not solicit or collect a fee to park vehicles at the Park. 1.18. Following City's consent, Licensee shall have the right to temporarily place at the Community Center a maximum of three (3) signs, at locations mutually agreed by the Parties, any signs which are permitted by applicable zoning ordinances and private restrictions. City may refuse consent to any proposed signage that is in City's opinion too large, deceptive, unattractive or otherwise inconsistent or inappropriate with the nature of the Community Center or Park. Licensee shall repair all damage to the Community Center or Park resulting from the removal of signs installed by Licensee. 2. Indemnification. City shall not be liable for, and Licensee shall defend and indemnify City and its officers, agents, employees and volunteers (collectively, "City Parties") against any and all claims, deductibles, self-insured retentions, demands, liability,judgments, awards, fines, mechanics' liens, or other liens, labor disputes, losses, damages, expenses, charges or costs, of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected to Licensee's use of the Community Center, or any act, error, omission, or negligence of Licensee, its agents, servants, officers, directors, members, UNC—Anne Shirrells Park FACILITY USE AGREEMENT Page 3 of 7 2016-105 employees, or guests, including without limitation, Claims caused by the concurrent negligent act, error, or omission, whether active or passive, of City Parties. 3. Insurance. Licensee is to carry fire and comprehensive general liability insurance to insure City against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts, or any other cause, in an amount not less than $1,000,000 per occurrence with an aggregate of not less than $2,000,000. Licensee's liability insurance shall name City as an additional insured. Licensee shall provide City with a Certificate of Insurance establishing Licensee's compliance prior to the date in Section 1.3. Licensee shall ensure that the premiums thereon are fully paid on or before the due date. Licensee shall provide ten (10) days advance notice to City if a policy is due to expire or be canceled. The limits of the insurance shall not limit the liability of the Licensee nor relieve Licensee of any obligation hereunder. All insurance by Licensee shall be primary to and not contributory with any similar insurance carried by City, whose insurance, if any, shall be considered excess insurance only. Licensee has been advised and understands that City is self-insured. 4. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 5. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO LICENSEE: IF TO CITY: La'Nae Norwood, Director Office of the City Manager 15469 Crimson Street 300 North"D" Street, 6th Floor Fontana, CA 92336 San Bernardino, CA 92410 UNC—Anne Shirrells Park FACILITY USE AGREEMENT Page 4 of 7 2016-105 6. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this Agreement. 7. Governing Law and Venue. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be the Superior Court located in San Bernardino County, California. 8. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 9. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Licensee and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 10. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 11. Amendments. Only a writing executed by all of the parties hereto or their respective successors and assigns may amend this Agreement. 12. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative UNC—Anne Shirrells Park FACILITY USE AGREEMENT Page 5 of 7 2016-105 of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 13. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 14. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 15. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. 16. Compliance with Law; Non-Discrimination. Licensee shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Licensee's use of the Community Center. In the performance of this Agreement, Licensee shall not engage in, nor permit its officers, employees or agents to engage in, discrimination of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, veteran status or any other status protected by law. 17. Property Rules. Licensee will comply with the rules of the property adopted by City and will cause all of its agents, employees, invitees and visitors to do so. 18. Force Majeure. A party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. UNC—Anne Shirrells Park FACILITY USE AGREEMENT Page 6 of 7 2016-105 FACILITY USE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE UNITED NATIONS OF CONSCIOUSNESS CITY AND LICENSEE HAVE CAREFULLY READ AND REVIEWED THIS AGREEMENT AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS AGREEMENT SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS AGREEMENT IS EXECUTED, THE TERMS OF THIS AGREEMENT ARE REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF THE CITY AND LICENSEE WITH RESPECT TO THE ABOVE STATED PURPOSES. UNITED NATIONS OF CONSCIOUSNESS CITY OF SAN BERNARDINO Executed: Executed: On:''4, 2016 On: 6; / /2016 By: Lam By: ALd Its: x a t-�.t �� (Z¢c; �(L I 'F�,,�9-fz,Z Mark Scott, City Manager Approved as to Form: GARY D. SAENZ, CITY ATTORNEY By: ( (1 0 UNC—Anne Shirrells Park FACILITY USE AGREEMENT Page 7 of 7