2009/06/23 City Council Resolution 2009-57RESOLUTION NO. 2009-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK AUTHORIZING AND APPROVING A RENTAL AGREEMENT WITH
THE ROHNERT PARK PIRANHA SWIM TEAM FOR USE OF THE
HONEYBEE AND MAGNOLIA POOLS
WHEREAS, the Rohnert Park Piranha Swim team is a non - profit youth
organization that serves a large number of Rohnert Park youth; and
WHEREAS, the CITY owns Honeybee Pool and has a desire for these pools to
be used to its maximum capacity; and
WHEREAS, the CITY has a strong desire to provide recreational opportunities
for the youth of Rohnert Park and recognizes that the Piranha Swim Team provides such
opportunities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park that it does hereby approve the Rental Agreement with the Rohnert Park
Piranha Swim Team for the use of space at Honeybee Pool, and authorize the Mayor to
execute same for and on behalf of the City of Rohnert Park.
BE IT FUTHER RESOLVED that the City Manager is directed to implement
the terms and conditions of said Lease Agreement.
DULY AND REGULARLY ADOPTED this 23`d day of June, 2009.
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RENTAL AGREEMENT
BETWEEN THE CITY OF ROHNERT PARK AND
THE PIRANHA SWIM TEAM
FOR THE USE OF HONEYBEE POOL
This agreement ( "Agreement ") is entered into by and between the City of Rohnert
Park, a municipal corporation ( "CITY ") and the Piranha Swim Team ( "TEAM ") effective
June 13, 2009 ( "Effective Date ").
RECITALS
A. CITY owns Honeybee Swimming Pool ( "Pool "), which is available for the use of the
citizens and organized groups of Rohnert Park.
B. TEAM, a Rohnert Park community youth activity organization, needs a location for
team swimming practices and meets.
C. The CITY desires to maximize the use of the Pool and provide safe and beneficial
programs and activities for youth.
D. The purpose of this Agreement is for City to provide swimming pool access for the
TEAM at the Pool for practice sessions and swim meets in accordance with the terms
specified herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises and
covenants hereinafter contained, the parties agree as follows:
AGREEMENT
1. INCORPORATION OF RECITALS. The recitals set forth above, and all defined
terms set forth in such recitals and in the introductory paragraph preceding the recitals, are
hereby incorporated into this Agreement as if set forth in full.
2. CITY OBLIGATIONS. City agrees to provide the following to TEAM:
a. Rent the Pool to TEAM beginning on June 13, 2009 until December 31, 2010
( "Term ").
b. Provide access and use of Pool per the scheduled outlined in Exhibit "A ".
c. Provide storage shelves located in the Pool's mechanical building.
d. Provide access to the Pool office, to be used by TEAM coaches only.
e. Provide and maintain competitive swimming pool components, which shall be limited
to starting blocks, backstroke pennants, and lane line dividers.
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3. TEAM OBLIGATIONS. TEAM agrees to the following conditions as part of this
Agreement:
a. At all times during the term of this Agreement, TEAM shall maintain insurance
coverage as follows:
1. Liability Insurance. Comprehensive general liability insurance with the
following minimum limits:
$2,000,000 per occurrence
$4,000,000 annual aggregate
$4,000,000 umbrella coverage
The TEAM shall name the CITY's officers, officials, employees and agents,
while acting in that capacity, as additional insureds. The TEAM umbrella
policies must be at least as broad as the TEAMS' liability coverage. The
TEAM's insurance shall be primary as to liability arising from its use of the Pool.
The TEAM shall provide the CITY with written proof of such coverage upon
execution of this Agreement, and shall further provide the CITY with thirty (30)
days written notice of a material change to or cancellation of such coverage.
2. Workers Compensation Insurance. The TEAM shall maintain Workers
Compensation Insurance for its employees as required by State law.
b. To the fullest extent permitted by law, TEAM shall, at TEAM's sole expense and with
counsel reasonably acceptable to CITY, defend, indemnify, and hold harmless CITY and
CITY's officers, officials, employees and agents from and against all claims (including
demands, losses, actions, causes of action, damages, liabilities, expenses, changes,
assessments, fines or penalties of any kind, and costs including consultant and expert fees,
court costs and attorney's fees) from any cause, arising out of or relating (directly or
indirectly) to this Agreement, including without limitation:
1. The use or occupancy, or manner of use or occupancy, of the Pool by
TEAM;
2. Any act, error, omission, or negligence of TEAM or of any subtenant,
invitee, guest, contractor or licensee of TEAM or any subtenant in, on or
about the Pool;
3. TEAM's conducting of its business in connection with Pool activities;
4. Any alterations, activities, work, or things done, omitted, permitted,
allowed, or suffered by TEAM in, at, or about the Pool, including any
violation of or failure to comply with any applicable laws, statues,
ordinances, standards, rules, regulations, orders, decrees, or judgments in
existence on the Effective Date or enacted, promulgated, or issued after
the date of this Agreement; and
5. Any breach or default in performance of any obligation or TEAM's part to
be performed under this Agreement, whether before or during the Term or
after its expiration or earlier termination.
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6. This indemnification extends to and includes, without limitation, claims
for:
i. Injury to any persons (including death at any time resulting from that
injury);
ii. Loss of, injury or damage to, or destruction of property (including
loss of use at any time resulting from that loss, injury, damage, or
destruction); and
iii. All economic losses and consequential or resulting damage of any
kind.
TEAM's indemnification obligation hereunder shall survive the expiration or
earlier termination of this Agreement.
c. TEAM shall maintain the premises in a manner satisfactory to CITY which includes
but is not limited to: keeping bathroom and dressing rooms, pool deck area, offices
and storage rooms clear of litter, debris, clothing, etc.
d. TEAM shall prevent parents and swimmers from entering the Pool office except in
the case of emergency or, with CITY'S written approval, during special events.
e. TEAM may not allow anyone to use the Pool, other than for regular practices or
competitions conducted by the TEAM, without written approval of the CITY.
f. TEAM shall adhere to all safety rules as set forth by the CITY for safe operation of
the pool.
4. RENTAL PAYMENT
a. The TEAM will pay CITY a monthly rental fee ( "Rental Fee ") equal to One-
Thousand Seven - Hundred Dollars ($1,700.00), with the first payment due for the
month of June 2009 to be paid to CITY no later than June 15th, 2009.
b. The Rental Fee will be due and payable by TEAM to CITY in full on the fifteenth
(15th) day of each month for that month. Any unpaid rent will be considered
delinquent if not paid by such date.
c. Immediately upon the full execution of this Agreement, TEAM shall provide City
with a security deposit in the amount of One Thousand Dollars ($1,000.00)
( "Deposit "). The Deposit will be retained by the City for the term of the contract
agreement and may be applied to any unpaid rent or used to make any -necessary
repairs to damage deemed caused by the TEAM.
d. Rental Payments will be submitted to:
City of Rohnert Park
Accounts Receivable
P.O. Box 1489
Rohnert Park, CA 94928
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5. MISCELLANEOUS:
a. CITY may use the Pool during such times that TEAM does not have a competition or
regular practice scheduled for City- sponsored events and programs. Such CITY use
shall be allowed without reimbursement or credit to the TEAM.
b. Either party may terminate this Agreement by submitting to the other party written
notice thirty (30) days prior to the termination date. In the case of the termination of
this Agreement, the TEAM shall be liable for any obligation hereunder, including
payment of rent through and until the date of termination.
c. Failure of the TEAM to abide by any of the provisions of this Agreement will be
grounds for immediate cancellation by CITY and forfeiture of all moneys paid by
TEAM to date.
IN WITNESS WHEREOF, the parties hereto have affixed their names and seals of day and
year first above written.
Date:
Date:
Approved as to form by:
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City of Rohnert Park,
a Municipal Corporation
0
Mayor
Authorized by Resolution No.
Piranha Swim Team
By:
President
Authorized by Resolution No.
City Attorney
EXHIBIT "A"
DATES AND HOURS OF POOL USE
HONEYBEE POOL
June 13, 2009 through August 3, 2009
Mon. — Fri. 5:30 am -7:00 am Shared with two lanes for lap swim at 6:00 am
Mon. — Fri. 4:15 pm -7:15 pm 6 lanes
August 4, 2009 through December 31, 2009
Mon., Wed., Fri. 5:30 am -7:00 am Shared with two lanes for Lap Swim at 6:00 am
Mon. — Fri. 3:30 pm -7:30 pm Shared with Lap Swim at 6:30 pm
Sat. 7:00 am -9:00 am 6 Lanes
January 1, 2010 through February 10, 2010
Mon., Wed., Fri. 5:30 am -7:00 am Shared with two lanes for lap swim at 6:00 am
Mon. — Fri. 3:30 pm -7:30 pm Shared with Lap Swim at 6:30 pm
Sat. 7:00 am -9:00 am 6 Lanes
February 11, 2010 through May 13, 2010
Mon., Wed., Fri. 5:30 am -7:00 am Shared with two lanes for lap swim at 6:00 am
Mon. — Fri. 4:30 pm -5:00 pm 3 lanes only (pool shared with RCHS)
5:00 pm -6:30 pm 6 lanes
6:30 pm -8:00 pm Shared with Lap Swim at 6:30 pm
May 14, 2010 through June 13, 2010
Mon., Wed., Fri. 5:30 am -7:00 am Shared with two lanes for lap swim at 6:00 am
Mon. — Fri. 3:30 pm -7:30 pm Shared with Lap Swim at 6:30 pm
Shared with on lane for lessons last two weeks
of May from 4:00 pm — 5:00 pm
June 14, 2010 through August 2, 2010
Mon. — Fri. 5:30 am -7:00 am Shared with two lanes for lap swim at 6:00 am
Mon. — Fri. 4:15 pm -7:15 pm 6lanes
August 3, 2010 through December 31, 2010
Mon., Wed., Fri. 5:30 am -7:00 am Shared with two lanes for Lap Swim at 6:00 am
Mon. — Fri. 3:30 pm -7:30 pm Shared with Lap Swim at 6:30 pm
Sat. 7:00 am -9:00 am 6 Lanes
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