CITY COUNCIL SPECIAL MEETING
AGENDA
Tuesday, April 29, 2025
5:00 p.m.
550 E. Sixth Street, Beaumont, CA
MEETING PARTICIPATION NOTICE
This meeting will will be recorded for live streaming as well as open to public attendance upon purchase of ticket through the Beaumont Chamber of Commerce. Public commenting will be made available via live stream. Please use the following link during the meeting for live stream access:
beaumontca.gov/livestream
Public comments will be accepted using the following options.
1. Written comments will be accepted via email and will be read aloud during the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Comments can be submitted anytime prior to the meeting as well as during the meeting up until the end of the corresponding item. Please submit your comments to:
[email protected] with "Public Comment" in the subject line.
2. Phone-in comments will be accepted by joining a conference line prior to the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Please use the following phone number to join the call (951) 922 - 4845.
3. In-person comments are accepted by notifying the City Clerk using a provided Request to Speak Form prior to the start of the Public Comment Period. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council.
In compliance with the American Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk's office using the above email or call (951) 572 - 3196.
Notification 48 hours prior to a meeting will ensure the best reasonable accommodation.
Pages
SPECIAL SESSION
A.CALL TO ORDER
Mayor Lara, Mayor Pro Tem Voigt, Council Member White, Council Member Martinez, Council Member Fenn
Action of any Requests for Excused Absence
Pledge of Allegiance
Adjustments to the Agenda
Conflict of Interest Disclosure
B.PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA)
Any one person may address the City Council on any matter not on this agenda.
If you wish to speak, please fill out a “Public Comment Form” provided at the back table and give it to the City Clerk. There is a three (3) minute time limit on public comments. There will be no sharing or passing of time to another person.
State Law prohibits the City Council from discussing or taking actions brought up by your comments.
C.ACTION ITEMS
Approval of all Ordinances and Resolutions to be read by title only.
C.1 Consideration of Approval of a Memorandum of Understanding between the City of Beaumont, the Cherry Festival Association and the Beaumont- Cherry Valley Recreation and Park District for the 2025 Cherry Festival 3 Consideration of a Memorandum of Understanding for the 2025 Cherry Festival to outline the terms, responsibilities and conditions for the City’s co-sponsorship of the event, which is scheduled to take place from May 29, 2025 through June 1, 2025.
Recommended Action:
Approve the Memorandum of Understanding by and between the City of Beaumont, the Cherry Festival Association and the Beaumont-Cherry Valley Recreation and Parks District; and authorize the Deputy City Manager to execute the Memorandum of Understanding.
D.ADJOURNMENT
The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for May 6, 2025, at 6:00 p.m. unless otherwise posted.
Staff Report
TO: City Council
FROM: Gustavo J. Romo, Deputy City Manager
DATE April 29, 2025
SUBJECT: Consideration of Approval of a Memorandum of Understanding between the City of Beaumont, the Cherry Festival Association and the Beaumont- Cherry Valley Recreation and Park District for the 2025 Cherry Festival
Description Consideration of a Memorandum of Understanding for the 2025 Cherry Festival to outline the terms, responsibilities and conditions for the City’s co -sponsorship of the event, which is scheduled to take place from May 29, 2025 through June 1, 2025.
Background and Analysis:
The Cherry Festival is an annual event organized by the Cherry Festival Association (CFA), a nonprofit public benefit corporation. The festival has been a cornerstone of community engagement in Beaumont for over 100 years, fostering local culture, recreation, and economic activity.
At the March 18, 2025, City Council meeting, the City Council authorized a sponsorship in the amount of $100,000 to be paid directly to the entertainment vendor on behalf of the CFA. In addition, a subcommittee consisting of Mayor Pro Tem Voigt and Council Member White was formed to collaborate further with the CFA and the B eaumont- Cherry Valley Recreation and Parks District (Parks District). The subcommittee met with City staff and the Parks District. The Parks District and city staff, in turn, reached out to the CFA to clarify the status of all necessary elements for the event, including insurance coverage. Based on the CFA’s inability to meet the Parks District’s insurance requirements, the Parks District recommended that the City and the CFA enter into a Memorandum of Understanding (MOU) to provide the liability insurance needed, among other services.
On April 15, 2025, staff presented the idea of a joint MOU between the City and the CFA to the City Council. The City Council indicated support for the MOU but asked that the Parks District be included as well. The City Council requested a special meeting on April 29, 2025, to consider approval of the three-party MOU, in light of the festival coming up quickly. The next day, staff began meeting with the CFA and the Parks
District, coordinating with department heads and contractors to determine costs and insurance requirements, and updated the subcommittee on the progress.
The attached MOU identifies the responsibilities of each party and the City’s special event insurance to cover the insurance shortfall from the CFA. The City’s costs include public safety services from both police and fire at top step, fully burdened overtime rates. However, emergency medical services continue to be the responsibility of the CFA. The grounds maintenance responsibility remains with the Parks District. The revenue from the beer garden will be split 70/30 between the Parks District and CFA.
The City will also provide expanded shuttle service, parking support, marketing, public safety, and traffic control operations with the help of AWP traffic and parking control services at a cost per Attachment B.
Fiscal Impact:
The cost to prepare this staff report is estimated at $1,500 (staff $500 + attorney $1,000).
The total costs to the City for its participation in this MOU based on the following breakdown will be approximately: $277,422
INITIAL CITY DONATION FOR ENTERTAINMENT VENDOR: $100,000
POLICE SERVICES: $57,678.31
Thursday: 16 officers
Friday: 18 officers
Saturday: 18 officers
Sunday: 18 officers
Actual Costs:
Event: $52,768.93
Parade: $3,726.76
Total: $56,495.69
Dispatch: $1,182.62 (not included in Total, but billed)
FIRE SERVICES: $37,112.93
TRAFFIC AND PARKING CONTROL: $69,440
The total above includes staffing at four locations for all event days to conduct traffic and parking control, preparation and submission of the traffic control plans with engineer stamp, two portable message signs, two flashing arrow sign boards, and light towers (Refer to Attachment B). These services will be provided by AWP Safety, who are contracted through the Parks District but paid through the City’s donation.
CITY ADDITIONAL SPECIAL EVENT INSURANCE PREMIUM: $13,191
Please note that the City is still pending underwriter approval for this event. The City’s provider has indicated it will only cover $2 million per claim and $4 million in the aggregate. This results in a total of $3 million per claim and $6 million in the aggregate between the CFA and the City. The Parks District is requesting $5 million/$10 million coverage. City staff is still working on confirming if the City’s self-insured policy will cover any claim exceeding the $4 million/$6 million coverage. We will update the City Council at the meeting.
The CFA agrees to indemnify the City for claims related to the Cherry Festival
Association’s employees, volunteers, vendors, contractors, and agents in connection with the 2025 Cherry Festival.
The MOU requires the CFA to maintain event insurance coverage levels for personal or property damage claims in the amount of $1 million per claim and $2 million in the aggregate. Under the MOU, the City will be responsible for providing insurance coverage with agreed upon limits that will be secondary to the CFA’s insurance coverage. Each Party agrees to indemnify and hold the other Parties harmless against any and all third party claims attributable to such indemnifying Party's negligence or intentional acts.
Recommended Action:
Approve the Memorandum of Understanding by and between the City of Beaumont, the Cherry Festival Association and the Beaumont-Cherry Valley Recreation and Parks District; and authorize the Deputy City Manager to execute the Memorandum of Understanding.
Attachments:
A. Amendment to Memorandum of Understanding - 2025 Cherry Festival B. Traffic and Parking Control Cost Breakdown
FIRST AMENDMENT TO
THE MEMORANDUM OF UNDERSTANDING
This First Amendment to the Memorandum of Understanding (“Amendment”) is entered into this 29th day of April 2025 (“Effective Date”) by and between the Cherry Festival Association (herein “CFA”), a California non-profit public benefit corporation whose address is 1310 Oak Valley PKWY, Beaumont, California 92223, the Beaumont-Cherry Valley Recreation and Park District (“BCVRPD”), a California special district whose address is 390 Oak Valley PKWY, Beaumont California 92223, and the City of Beaumont (“CITY”) whose address is 550 E. 6th Street, Beaumont, California 92223. CFA, BCVRPD and CITY may be referred to herein individually as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, the CFA has organized, promoted, and conducted the annual Cherry Festival event (“Event”) as a community celebration, dating back to the early 1900’s; and
WHEREAS, the CFA and BCVRPD successfully worked in cooperation and partnership with each other to produce the 2024 Cherry Festival Event on the BCVRPD property and facilities; and
WHEREAS, that certain Memorandum of Understanding dated December 13, 2024, by and between CFA and BCVRPD attached hereto and incorporated herein as Exhibit “A” (hereinafter “MOU”) provides for the CFA to produce the 2025 Cherry Festival Event on the BCVRPD property and facilities; and
WHEREAS, the CFA and BCVRPD desire to involve CITY to participate in the production of the Event and to provide the services and assurances described within this MOU; and
WHEREAS, the CFA, BCVRPD and CITY desire to enter into this Amendment to delineate the Parties’ respective rights and obligations and define their relationship for the 2025 Cherry Festival Event.
NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged CFA, BCVRPD and CITY hereby agree as follows:
1.0 Incorporation of Recitals.
1.1 The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2.0 Incorporation of MOU.
2.1 CFA and BCVRPD shall perform all services under this Amendment consistent with the requirements of the MOU. In the event that the terms of this Amendment shall conflict with the terms of the MOU, the terms of this Amendment shall govern and said conflicting terms shall be of no force or effect.
2.2 The MOU is incorporated into this Amendment and CFA and BCVRPD shall perform their respective obligations in accordance with the MOU.
3.0 Relationships. The Parties agree that the relationship of the Parties is between three separate and independent entities. There is not a joint venture, joint powers agreement, partnership, employer-employee relationship or any principal-agent relationship.
4.0 Agreements.
4.1 Co-Sponsor. CITY hereby agrees to serve as Co-Sponsor of the Event, with all rights and responsibilities associated with such co-sponsorship as provided under this Amendment and California law.
4.2 Marketing. The Parties agree that CITY’S co-sponsorship be acknowledged by the CITY’S official name and/or CITY Logo in any and all Event-related marketing materials, including but not limited to advertisements, the CFA’s website, all of CFA’s social media, promotional materials and signage. Such acknowledgement shall occur in all materials released or published by CFA prior to the Event, and CFA shall collaborate with the CITY to support and enhance outreach and marketing efforts.
4.3 Term. The Parties agree and confirm that the term of the MOU, as modified under this Amendment, will take effect upon execution by all Parties and will continue through June 30, 2025. The Parties may extend this Amendment only upon mutual written agreement.
4.4 Termination. The Parties agree and confirm that any Party may terminate this Amendment, with or without cause, by providing thirty (30) da ys written notice to the other Party.
5.0 CITY’s Provision of Services.
5.1 Police Services. CITY will provide police services for the Event at the CITY’s sole expense. Such services will include: crowd control, traffic management, and general public safety measures as deemed necessary by the CITY and its Police Department.
5.2 Fire Services. CITY will provide fire services for the Event at the C ITY’s sole expense. Such services will include: fire prevention and emergency medical services as deemed necessary by the CITY’s Fire Department.
5.3 Transit Services and Traffic Control. CITY shall provide transit services and traffic control for the Event and shall have sole and exclusive control over such services, with ultimate authority and sole discretion to charge fees for the provision of these services.
5.4 Parking Control and Costs. The CITY shall have sole and exclusive control over the Noble Creek Park parking arrangements, parking plans and facilities, and parking related operations related to the Event, including but not limited to: designating parking areas and parking facilities; determining parking capacity and limitations; establishing traffic flow and parking patterns; implementing parking restrictions and regulations; providing parking enforcement personnel; and installing temporary signage and barriers as CITY determines are needed in its sole discretion. CITY will neither have control nor be responsible for the overflow school parking sites not referenced above.
The CITY shall have the exclusive right to set, collect, and retain all parking fees associated with the Event. Such fees may include but are not limited to: general parking fees; prem ium or VIP parking fees; and parking permit fees for vendors, staff, or other designated groups.
6.0 Shared Operational Details
6.1 CFA and BCVRPD each shall supply their own alcohol, mixes and supplies (cups, wristbands [approved by Beaumont Police Department], handwashing stations, etc.).
6.2 Alcohol for the Event shall be procured from the vendor Gate City.
6.3 CFA and BCVRPD each agree to use the same alcohol type (brands) same pour size (12oz), same price per cup ($7). This shall be mutually agreed upon between CFA and BCVRPD before the Event begins. Any specialty drinks (e.g., micheladas) authorized according to the ABC license(s) shall be offered at both serving locations using the same pricing, product, and size of the beverage.
6.4 CFA and BCVRPD each shall provide their own POS system. Beer shall be purchased individually. There shall be no beer tickets dispersed or accepted. Beer sales shall be run as a cashless system.
6.5 All alcohol sales shall be cashless transactions, but cash gratuities will be accepted.
BCVRPD will distribute gratuities received to the non-profits and volunteers who work the booth for the benefit of their respective organizations.
6.6 Net profits shall be split after expenses are paid back. Expenses include:
A. Gate City invoice – kegs, trailers, supplies (cups), etc.
B. Additional Supplies (wristbands, handwashing stations, etc.).
C. Credit Card fees (CFA will split 50% of fee expense per Party).
D. ABC Licenses.
E. Payroll (detailed list of estimated employees, wage per hour, hours working [in beer locations only] over the period of the Festival; CFA and BCVRPD must agree on a max cap of payroll).
F. Sales tax from the purchase of alcohol by The Craft Lounge.
6.7 Net alcohol sales profits shall be shared 70/30 between BCVRPD and CFA, and 70/30 with Craft Lounge and CFA. The 30% payment to CFA shall be made within ten (10) business days after the conclusion of the Event (June 13, 2025).
6.8 CFA and BCVRPD agree to allow the Craft Lounge to manage alcohol sales in the entertainment area, handle trash in field 2 only, bring 50 kegs of beer to start. CFA must ensure that Craft Lounge has appropriate ABC licenses and staffing with RBS certification.
6.9 All invoices/expenses/sales reports shall be shared with and among all Parties.
6.10 Detailed sales reports shall be closed at end of day and shared to CFA before the start of the next day.
6.11 Proper attire shall be worn throughout the Event to indicate Staff and Volunteers.
BCVRPD and The Craft Lounge shall provide Staff shirts and Volunteer attire.
6.12 There shall be no drinking by staff/volunteers in the eyes of the public while in staff/volunteer attire. While on break, staff and volunteers shall be in street wear if they are choosing to partake in drinking.
6.13 The designated beer locations shall be set up as the layout indicates in Exhibit B, attached hereto and incorporated herein by this reference. Should locations need to be adjusted for any reason, the CFA must be notified first and mutually agreed upon by CFA and BCVRPD.
6.14 A visual layout of the Event that depicts the locations and responsible areas described in this Amendment is including in Exhibit B.
7.0 CFA’s Provision of Services.
7.1 In addition to the terms of Section 5 of the MOU, CFA shall handle trash in the Carnival area and Field 4, shall produce a health permit, and shall supply a beer banner, one (1) ID check banner, signage (Last call signage, age signage, etc.), wristbands, and other items reasonably necessary to conduct the Event.
7.2 CFA shall provide dust control via a water truck provided at CFA’s expense throughout the dirt driveways at Noble Creek Park throughout the duration of the Event.
8.0 BCVRPD’s Provision of Services.
8.1 In addition to the terms of Section 4 of the MOU, BCVRPD shall handle trash in the food area (Field 3) and the quad area, shall bring 50 kegs of beer to start, and hold ABC licenses and use staff with RBS certification.
8.2 BCVRPD shall provide the staff and the water for the water truck for dust control purposes throughout the duration of the Event at no additional cost to the CFA.
9.0 Insurance and Indemnification.
9.1 CFA Employees and Volunteers. CFA hereby agrees to be solely responsible for the health and safety of its employees, volunteers, independent contractors, subcontractors and agents in performing its obligations under this Amendment and in connection with the Event and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA.
9.2 BCVRPD Employees and Volunteers. BCVRPD hereby agrees to be solely responsible for the health and safety of its employees, volunteers, independent contractors, subcontractors and agents in performing its obligations under this Amendment and in connection
with the Event and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA.
9.3 CITY Employees and Volunteers. CITY hereby agrees to be solely responsible for the health and safety of its employees, volunteers, independent contractors, subcontractors and agents in performing its obligations under this Amendment and in connection with the Event and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA.
9.4 INDEMNIFICATION.
To the fullest extent permitted by law, each Party agrees to indemnify and hold harmless the other Party or Parties and their/its, public officials, governing board or body, officers, agents, volunteers, and employees against any and all third party claims, damages, liabilities, injury expenses, demands, causes of actions, and judgments, whether legal or equitable, including court costs and attorneys' fees, arising out of or resulting from such indemnifying Party’s or Parties’ performance under this MOU and attributable to such indemnifying Party's or Parties’ negligence or intentional acts and that of its public officials, governing board or body, officers, agents, volunteers, or employees. Following a determination of percentage of fault or liability either by agreement among the Parties or by a ruling from a court of competent jurisdiction, the Party or Parties responsible for liability to the other Party or Parties will indemnify the other Party or Parties to this MOU for the percentage of liability determined.
9.5 INSURANCE.
CITY, CFA and any and all of CFA’s subcontractors or subconsultants, shall comply with the following insurance requirements during the term of this MOU:
A. CFA’s Insurance as Primary. Any and all insurance policies maintained by CFA in connection with this Agreement and the Event shall be deemed primary coverage. CFA’s insurance shall be exhausted before any insurance maintained by CITY is accessed or utilized. Notwithstanding the MOU, CFA shall maintain, at its sole cost and expense, the following insurance coverage throughout the term of this Agreement:
1. Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate.
B. CITY Insurance as Secondary. CITY’s insurance coverage shall be considered secondary and shall only be utilized after CFA’s insurance coverage has been fully exhausted. CITY’s insurance shall not contribute to or be in excess of CFA’s insurance until such time as CFA’s applicable policy limits have been exhausted.
C. General liability insurance. CITY shall procure and maintain, or shall evidence its self- insurance coverage through its risk management authority, for the duration of the use period contemplated herein, commercial general liability insurance with coverage at least as broad as Insurance Services Office Form CG 00 01, in an amount not less than $4,000,000 per occurrence, $8,000,000 general aggregate, for bodily injury, personal injury, and property damage. If CFA fails to
obtain coverage as specified in Section 9.5(A)(1) herein, the City shall obtain the coverage required herein in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. City shall not be responsible for providing insurance to cover alcohol or liquor liability.
BCVRPD and CFA shall each obtain and provide alcohol and liquor liability insurance for their respective alcohol/liquor sales and related activities. Notwithstanding anything herein to the contrary, City shall have no liability and has no obligation to provide insurance coverage for claims related to or arising in any way out of alcohol/liquor sales and related activities by CFA and BCVRPD.
1. General liability insurance shall name BCVRPD, its officers, employees, agents, and volunteers as additional insureds prior to the use of the facility. CITY shall file certificates of insurance with the BCVRPD a minimum of ten (10) days before the Event, which shall be endorsed to provide notice to the BCVRPD of cancellation or any change of coverage or limits. If a copy of the insurance certificate is not on file prior to the Event, the BCVRPD may deny access to the facility.
2. All insurance policies shall be issued by an insurance company or Joint Powers Insurance Authority currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the BCVRPD's self- insurance pool.
3. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If CITY maintains higher limits than the minimums shown above, the BCVRPD requires and shall be entitled to coverage for the higher limits maintained by CITY. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to BCVRPD.
D. Insurance Limits:
1. $10,000,000 General Aggregate (Combined between CFA and City)
2. $5,000,000 General Per Occurrence (Combined between CFA and City)
3. $1,000,000 Automotive (City Only)
4. $1,000,000 Personal & Advertising Injury (City Only)
5. $1,000,000 Sexual Abuse and Molestation (City Only)
E. CITY and CFA shall provide BCVRPD with a Certificate of Liability Insurance and an Additional Insured Endorsement. The Beaumont-Cherry Valley Recreation and Park District, its officials, officers, employees, agents, and volunteers, shall be named as additional insureds on CITY's, CFA’s and each of their subcontractors’ and/or subconsultants’ policies of insurance required, as applicable.
F. CITY/CFA shall provide BCVRPD with prior written notice of cancellation of any policy required by this MOU. If any of the required coverage is cancelled or expires during the term of this MOU, CITY/CFA shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to BCVRPD prior to the Event.
G. CITY’s/CFA’s insurance policies shall each contain a provision stating that coverage maintained by BCVRPD shall not be called upon to contribute to any loss, other than claims involving BCVRPD’s sole and separate liability, fraud or intentional misconduct.
H. All required insurance coverages shall contain or be endorsed to provide waiver of subrogation in favor of BCVRPD, its officials, officers, employees, agents, and volunteers.
I. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further, the limits set forth herein shall not be construed to relieve CITY/CFA from liability in excess of such coverage, nor shall it limit the CITY’s/CFA’s indemnification obligations to BCVRPD and shall not preclude a Party from taking such other actions available to such Party under other provisions of the MOU or law.
J. If at any time during the life of the MOU, any policy of insurance required under this MOU does not comply with these specifications or is canceled and not replaced, BCVRPD has the right but not the duty to obtain the insurance it deems necessary and any premium paid by BCVRPD will be promptly reimbursed by CITY/CFA, as applicable, or BCVRPD will withhold amounts sufficient to pay premium from CITY/CFA payments. In the alternative, BCVRPD may cancel this MOU.
K. BCVRPD may require CITY/CFA to provide complete copies of all insurance policies in effect for the duration of the term of this MOU.
L. Neither the BCVRPD Board of Directors, nor any member of the BCVRPD Board Members, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this MOU. Neither the CITY Council, nor any member of the CITY Council, nor any CITY official, officer, employee, agent or CITY volunteer shall be personally responsible for any liability arising under or by virtue of this MOU.
10.0 Compliance with Law.
10.1 CITY, CFA and BCVRPD will comply with all local, state and federal laws and regulations related to the Event.
10.2 CITY, CFA and BCVRPD agree to abide by all applicable local, state, and federal accessibility standards and regulations.
10.3 CFA agrees that they are solely responsible for reviewing and ensuring compliance with all applicable public health rules, regulations, orders, and/or guidance in effect at the time of the Event.
11.0 Miscellaneous.
11.1 Authority to Enter Amendment. Each Party warrants that the individuals who have signed this Amendment have the legal power, right, and authority make this Amendment and bind each respective Party.
11.2 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
To City:
Gustavo Romo
Deputy City Manager
550 E. 6th Street
Beaumont, CA 92223
To CFA:
Cherry Festival Association
1310 Oak Valley, PKWY
Beaumont, CA 92223
Attn: Dan Roush, President
To BCVRPD:
Beaumont-Cherry Valley Recreation and Park District
390 Oak Valley PKWY,
Beaumont California 92223
Attn: Michael Valdivia, General Manager
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile or email, as of the date and time sent; by messenger, as of the date delivered; and by U.S.
Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
11.3 Cooperation; Further Acts. The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Amendment.
11.4 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Amendment, the language of this Amendment shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not workdays.
The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Amendment.
11.5 Modification. No supplement, modification, or amendment of this Amendment shall be binding unless executed in writing and signed by all Parties.
11.6 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contr actual right by custom, estoppel, or otherwise.
11.7 Assignment or Transfer. The Parties shall not assign, hypothecate, or transfer, either directly or by operation of law, this Amendment or any interest herein without the prior written consent of the other Party. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
11.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.
11.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
11.10 Consent to Jurisdiction and Venue. This Amendment shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Amendment, or which in any way arises out of the Parties’ activities undertaken pursuant to this Amendment, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a
governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding
11.11 Time is of the Essence. Time is of the essence in this Amendment and the Parties agree to execute all documents and proceed with diligence to complete all covenants and conditions.
11.12 Counterparts. This Amendment may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.
11.13 Entire Agreement. This Amendment contains the entire agreement between Parties and supersedes any prior oral or written statements or agreements between Parties regarding the limited subject matter stated within this Amendment.
11.14 Electronic Signatures. The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures.
11.15 Severability. If any term, provision, covenant, or condition of this MOU is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this Amendment will nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions.
[SIGNATURES OF PARTIES ON NEXT PAGE]
SIGNATURE PAGE
OF
FIRST AMENDMENT
TO
MEMORANDUM OF UNDERSTANDING
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Memorandum of Understanding to that certain Memorandum of Understanding dated December 13, 2024, by and between CFA and BCVRPD as of the day and year first above written.
CITY OF BEAUMONT
By: __________________________
Gustavo Romo
Title: Deputy City Manager
ATTEST:
By: __________________________
Its: __________________________
CHERRY FESTIVAL ASSOCIATION
By: __________________________
[**INSERT NAME**]
Title: [**INSERT TITLE**]
BEAUMOUNT-CHERRY VALLEY
RECREATION AND PARK DISTRICT
By: __________________________
Michael Valdivia
Title: General Manager
APPROVED AS TO FORM:
City of Beaumont: BCVRPD:
By: __________________________ By: __________________________
CITY ATTORNEY GENERAL COUNSEL
EXHIBIT “A”
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
CHERRY FESTIVAL ASSOCIATION
AND
BEAUMOUNT-CHERRY VALLEY RECREATOIN AND PARK DISTRICT
Dated December 13, 2024
EXHIBIT “B”
EVENT LAYOUT
BCVRPD
Craft Lounge
Cherry Festival Association
Meadow
Field 4
Field 2
Field 3
Parking
Area H
Quad
Areas to be Maintained by:
Oak Valley Parkway
Cherry Festival Event Area
Map created by BCVRPD
April 25, 2025
Field 7