Item 15 - Facilities Use Agreement with Rancho Santiago Community College District

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Facilities Use Agreement With Rancho Santiago Community College District for Corbin Center, Southwest Senior Center and Santa Ana Senior Center 5 xi. Special Risks or Circumstances- The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. The City’s Risk Manager has the authority to waive or reduce any coverages provided for in this Agreement. 11. Assignment. RSCCD shall not assign all or any portion of this Agreement, nor shall RSCCD, without the written consent of the City Council, enter into any agreement allowing the operation by another person of the use of the Facilities granted by this Agreement. 12. Relationship of the Parties. Nothing in this Agreement shall effect or create a partnership between the Parties. Any persons retained by RSCCD shall at all times be its employees or independent contractors and not employees or independent contractors of the City. RSCCD shall have no power to incur debt, obligation or liability on behalf of the City. The City shall not have control over the conduct of RSCCD, except as set forth in this Agreement. RSCCD shall not, at any time, or in any manner, represent that it or any of its officers, agents, employees, contractors or volunteers are in any manner employees or contractors of the City. 13. Termination for Cause. Should RSCCD be dissolved or if a petition in bankruptcy or insolvency be filed by or against RSCCD, whether voluntarily or involuntarily, or if use of Facilities is abandoned for a period of forty-five (45) days; or if the uses conducted so as to constitute a public nuisance, or if any of the provisions of this Agreement are breached and the breach if not corrected within ten (10) days after written notice from the City to RSCCD, then the City may immediately terminate this Agreement by written notice to RSCCD and recover and resume possession of Facilities. 14. Remedies for Termination for Cause. In the event of RSCCD’s breach, default, abandonment or insolvency, City may: A. Terminate the Agreement and recover from RSCCD any amount necessary to compensate City for all detriment proximately caused by RSCCD’s failure to perform its obligations under this Agreement. B. Should RSCCD default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies available pursuant to the law and this Agreement, re-enter and regain possession of the Facilities in the manner provided by the laws of the State of California.