HomeMy WebLinkAboutBest Western Plus Fresno Inn - Hotel Facility Disaster Shelter - 2021 1
HOTEL FACILITY DISASTER SHELTER AGREEMENT
THIS AGREEMENT (the Agreement) is made and entered into on ___________ by and
between the Best Western Plus Fresno Inn (Hotel) and the City of Fresno located at 2600
Fresno St, Fresno, CA 93721 (City) (collectively, the Parties).
WHEREAS, the Hotel owns and operates a 55 unit hotel located at 480 E. Shaw,
Fresno, CA 93710 (Facility);
WHEREAS, the City is seeking to immediately rent, use and occupy up to 23 units
contained on a single floor of the Facility (Units);
WHEREAS, the Parties acknowledge and agree that the Facility is not designed
as a medical or treatment facility and will be utilized by the City “as is” basis without any
additional upgrades or renovations; and
NOW, THEREFORE in consideration of the mutual covenants and agreements
contained in this Agreement, the receipt and sufficient of which the parties hereby
acknowledge, the Parties agree to the following terms and conditions:
1. Scope. The Hotel will make the Units in the Facility available for City use,
except for those Units that “were otherwise rented to the public in the normal course of
business or out of order” or not in service as of the Effective Date of this Agreement. The
Hotel will ensure that all available Units in the Facility will be rentable condition and
available for City use within 24-Hours from the Effective Date.
2. Term and Extension. This Agreement shall commence on the Effective date
and shall terminate sixty days from the Effective date (Initial Term). In the event the City
wishes to extend the Initial Term, it may do so for a minimum period of fifteen days and a
maximum period of sixty days by providing written Notice as required in the “Notice”
section of this Agreement (Extension Notice). The Extension Notice must be provided at
least five days prior to the expiration of the initial term. Any further extension of the Term
shall be subject to the mutual agreement of the parties.
2(a). Transient Hotel Guest - If any individual guest needs to stay at the
Facility longer than a period of 28 days for any one temporary stay, they will be
asked to check out of their room and into a new one for their next, up to, 28 day
stay. At no time shall a guest be considered a tenant of the property.
3. Deposit. To compensate the Hotel for making Units available in the Facility,
the City shall submit a deposit of $5,000 (Deposit). The Deposit shall be submitted by
check or wire transfer to the Hotel upon execution of this Agreement. The Hotel Owner
will apply the Deposit against any invoice generated under this Agreement. Upon
termination of this agreement any remaining balance will be refunded to the City.
4. Payment for Use of Facility. The City shall compensate the Hotel at the
agreed upon rate of $95.99 per room, per day for the nights a room is actually used (Room
Charge). The following calculation reflects the maximum Room Charge per day under the
terms of this Agreement if all rooms were utilized:
4(a). $95.99 (Room Charge) x 23 (Number of Units) = $2,207.77 per day
plus all applicable taxes except for the City’s Transient Occupancy Tax of 12%.
DocuSign Envelope ID: 953EFF5B-744C-46E9-9EE6-EDCE88F2BFBD
2/8/2021
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4(b). City shall provide Hotel with proof of tax exemption.
5. Amenities and Services. The Hotel Owner shall ensure that each unit is
equipped with a mini-fridge, bed, shower/bath, toilet, television, and a separate
heating/ventilation/air conditioning (PTAC or VTAC) system. In the event that any of these
items are out of order, the Hotel Owner will make every effort to repair or replace the
item(s) in the normal course of business. Public spaces, such as lobby, meeting room
and public restroom, and private spaces, such as pool, fitness center, laundry room and
all back of house areas shall not be made available to Facility occupants. Room service
and in-room cleaning shall be provided once every three days. Linens (such as bath and
hand towels) will be replenished daily or upon request from occupants at no additional
cost to the City. Except for amenities/services expressly stated in this Agreement or that
otherwise receive the prior written approval of the City, the City shall in no event agree to
pay for room service, any pay-per-view movies, alcohol, tobacco, or any other
amenities/services provided by the Hotel Owner to Facility occupants (Restricted
Amenities). Hotel Owner agrees to provide written notice to each Unit occupant stating
that a Unit occupant is personally financially obligated to pay for any consumption or use
of the Restricted Amenities by such Unit occupant, and the City shall in no event pay for
the consumption or use of the Restricted Amenities.
6. Check-in Procedure. City shall provide guest information 24 hours prior to
check-in. Facility shall have rooms assigned and keys made in advance. When guest
arrives, guest shall provide credit card for charges not included in this Agreement and the
Facility shall provide the keys and room assignment at a distance of at least 6 feet.
7. Check-out Procedure. Guest will notify the Facility, by phone or at a
distance of at least 6 feet, on the day prior to check-out and guest shall leave the room in
good condition before noon the following day.
8. Invoicing. Hotel shall submit an invoice for all Room Charges on the first
day of each month following the Effective Date of this Agreement. The City shall submit
payment for each invoice within thirty days the invoice is sent by the Hotel. Each invoice
shall include payment remittance instructions.
9. Notice. Any notices, demands or other communication required or permitted
hereunder to be in writing shall be sent by electronic communication, certified mail, return
receipt requested or by nationally recognized overnight courier service;
If to Hotel: Vanessa D. Amaral
GENERAL MANAGER
Best Western Plus Fresno Inn
480 E. Shaw Ave
Fresno, CA 93710
vanessaa@swhm.com
(559) 229-5811
If to City: Michael Lima, Finance Director
City of Fresno
DocuSign Envelope ID: 953EFF5B-744C-46E9-9EE6-EDCE88F2BFBD
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2600 Fresno St., Fresno, CA 93721
michael.lima@fresno.gov
(559) 621-7006
11. Governing Law. The terms of this Agreement shall be governed by and
construed in accordance with the laws of the State of California without regard to
principles of conflicts of laws), and all actions or proceedings arising in connection with
this Agreement shall be tried and litigated exclusively in state or federal (if permitted by
law and a party elects to file an action in federal court) courts located in Fresno, California.
In the event of any action to enforce the terms of this Agreement, the prevailing party shall
be entitled to recover reasonable attorney’s fees and costs.
12. Confidentiality. Except as may be otherwise required by any applicable law or
regulation, or as required by Hotel Owner’s franchisor, the Parties agrees that the terms and
existence of this Agreement and any confidential information received from the City or its
personnel in the furtherance of this Agreement shall remain strictly confidential and shall not
be made available to any individual or organization without the prior written approval of the
other party or pursuant to applicable federal, state, or local laws. This Section is enforceable
by Specific Performance.
13. Termination.
13(a). Termination for Cause. If Either Party fails to fulfill its obligations
under the terms of this Agreement properly and on time, or otherwise violates any
provision of this Agreement, the other party shall have the right to terminate the
Agreement upon written notice thereof and specifying an effective date of
termination of at least 72 hours after the date of notice. If the other party shall cure
a breach and/or otherwise correct and/or improve its performance to the other
party’s satisfaction during such period the termination notice shall be cancelled.
The parties agree that they shall make good faith efforts in the performance of this
Agreement.
13(b). Termination for Convenience. The Parties shall have the right to
terminate this Agreement in whole at any time during the Term of this Agreement,
for any reason, including without limitation, its own convenience, upon five days’
prior written notice to the other party. If this Agreement is so terminated in part or
in whole and the Hotel Owner shall not have been in default, the Hotel Owner will
be compensated for all agreed upon amounts not yet paid for, in accordance with
the provisions of this Agreement.
14. No Waiver. The waiver by either party hereto of a breach of any provision of
this Agreement shall not operate or be construed as a waiver of any other or subsequent
breach.
15. Severability. If any provision of this Agreement is held to be unenforceable
or invalid, then all other provisions of this Agreement shall continue to be in full force and
effect, unless the part held to be unenforceable causes a substantial charge in the basic
intentions and bargain of the Parties.
DocuSign Envelope ID: 953EFF5B-744C-46E9-9EE6-EDCE88F2BFBD
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16. Entire Agreement. This Agreement contains the entire agreement of the
parties hereto with respect to the subject matter contained herein, and may not be
amended or changed orally, but only by an agreement in writing signed by both parties.
17. Impossibility. In the event of state, local or federal ordinance making the
performance of any term of this Agreement impossible, the parties agree that they shall
cooperate to facilitate performance.
18. Survival. The provisions of this Agreement which, by their terms, require
performance after the termination of this Agreement, or have application to events that
may occur after the termination of this Agreement, shall survive the termination of this
Agreement.
19. Counterparts. This Agreement may be executed in multiple electronically
transmitted counterparts, each of which shall be deemed an original and all of which shall
constitute one and the same instrument.
IN WITNESS WHEREOF, the parties, or their duly authorized representatives,
have executed this agreement to be effective as of the Effective Date.
CITY OF FRESNO, A California municipal corporation
By:
Wilma Quan,
City Manager
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Tracy N. Parvanian Date
Senior Deputy City Attorney
ATTEST:
YVONNE SPENCE, MMC
City Clerk
By:
Deputy
BEST WESTERN PLUS FRESNO INN
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title: (If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
DocuSign Envelope ID: 953EFF5B-744C-46E9-9EE6-EDCE88F2BFBD
Director Of Development
VC Naik
1/26/2021