Red Bucket Equine Rescue A2015-96 •
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RECEIVED
TEMPORARY USE AGREEMENT
BETWEEN 2015 MAR 21 AM 9: 31
THE CITY OF CHINO HILLS JFr1?E Gr CITY CLERK '
CHINO HILLS
AND RED BUCKET EQUINE RESCUE
THIS TEMPORARY USE AGREEMENT ("Agreement") is entered into this 20th day of
March, 2015, by and between the CITY OF CHINO HILLS, a municipal corporation ("City") and •
RED BUCKET EQUINE RESCUE ("Licensee").
RECITALS
A. As part of Licensee's special event, additional space is needed for overflow customer
parking .
B. City owns a parcel of property adjacent to The Shoppes at Chino Hills for future
residential development (the "Residential Site"), which currently has vacant space which would
be suitable for Licensee's parking needs.
NOW, THEREFORE, in consideration of the recitals set forth above, and for good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as set forth below:
1. Use of Residential Site for Overflow Parking. For the term indicated in Paragraph 4,
subject to the terms, conditions and covenants set forth herein, City hereby grants to Licensee a
license, on a nonexclusive basis, to use the Designated Portion of the Residential Site for
employee and customer parking.
2. Licensee's Responsibilities.
a. Licensee shall provide all labor, equipment, and appurtenances necessary to
prepare the Designated Portion for Licensee's temporary licensed use.
b. Licensee shall provide security lighting for the Designated Portion to be used
pursuant to this Agreement.
c. Upon expiration of the Term, Licensee shall vacate the property and return the
Designated Portion to the same or better condition as it was in prior to the time that Licensee
took possession of the Designated Portion pursuant to this Agreement.
d. Licensee shall be responsible for all security on the Designated Portion.
3. City's Responsibilities.
a. The City shall permit a portion of the Residential Site to be used by Licensee for the
activities provided for in this agreement in the location further set forth on Exhibit A.
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4. Term. This Agreement shall be effective from 4:00 p.m. to 11:00 p.m. on October
24, 2015. This Term may only be extended by mutual written agreement of the parties.
5. Indemnity. Each party agrees to protect, defend, indemnify, and hold harmless the
other party and its shareholders, officers, directors, agents, employees, volunteers, and
affiliates, free and harmless from any and all liability claims,judgments, costs and demands,
including for injuries or the death of persons and damage to property, arising out of or relating to
the indemnifying party's performance of its obligations under this Agreement, any breach by the
indemnifying party of the Agreement, any intentional or willful misconduct by the indemnifying
party, any negligent action, inaction, or errors of the indemnifying party or its employees,
agents, representatives, contractors, or subcontractors, arising out of or relating in any way to
the indemnifying party's performance under this Agreement. Nothing herein shall require one
party to indemnify the other party for the other party's own negligence or willful misconduct.
6. Termination. Either party may terminate this agreement without cause by giving the
other fifteen (15) days written notice. If operations under this Agreement have begun at the time
the termination notice is given, then operations will cease by the effective date of the
termination.
7. Construction of Agreement. This Agreement shall be deemed to have been
prepared jointly and equally by the parties, and it shall not be construed against any party on the
ground that the party prepared the Agreement or caused it to be prepared.
8. Relationship of the Parties. Each party acknowledges that, in entering into and
performing under this Agreement, it is acting as an independent entity and not as an agent of
the other party in any respect. Nothing contained herein or in any document executed in
connection herewith shall be construed as creating the relationship of partners, joint ventures or
any other association of any kind or nature between City and Licensee,jointly or severally
9. Time is of the Essence. Time is of the essence in the performance of this
Agreement.
10. Notices. Unless otherwise specified in this Agreement, all notices required or
provided for under this Agreement shall be in writing and delivered in person or sent by mail,
postage prepaid and addressed as provided in this Section. Notice shall be effective on the
date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail.
Notices shall be addressed as follows:
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To City:
City of Chino Hills
City Clerk
14000 City Center Drive
Chino Hills, California 91709
To Licensee:
Red Bucket Equine Rescue
Attn: Julie Shields
2885 English Road
Chino Hills, CA 91709
12. Compliance with Laws. The parties, their agents, employees, contractors, and
subcontractors must comply with all federal, state and local laws in performing this Agreement.
13. Severability. If any portion of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended
or modified by mutual written consent of the parties.
14. Captions. The captions of this Agreement are for convenience and reference only
and shall not be used in the interpretation of any provision of this Agreement.
15. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated
into the terms of this Agreement.
16. Entire Agreement. This Agreement constitutes the entire agreement of the parties
with respect to the subject matter. All amendments or waivers of the terms of this Agreement
must be in writing and signed by the appropriate representative of the parties.
17. Interpretation. The Agreement shall be interpreted in accordance with the laws of
the State of California.
18. Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in
the County of San Bernardino, State of California.
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IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date
hereinabove first written.
RED BUCKET EQUINE RESCUE CITY OF CHINO HILLS:
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L4E. d.4.=dd /
Julie Shields / k6nradt Bartlam
Fundraising Coordinator City Manager
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