2012/06/26 City Council Resolution 2012-69RESOLUTION NO 2012- 69
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 hereby authorized and
directed to take all actions to effectuate this agreement for and on behalf of the City of
Rohnert Park, including execution, if necessary, in substantially similar form to the
agreement attached hereto as Exhibit "A," subject to minor modifications by the City
Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 26" day of June, 2012.
ATTEST:
it Clerk
CITY OF ROHNERT PARK
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Exhibit A
LICENSE AGREEMENT
BETWEEN THE CITY OF ROHNERT PARK AND
THE PIRANHA SWIM TEAM
FOR THE USE OF HONEYBEE AND BENICIA POOLS
This agreement ( "Agreement ") is entered into by and between the City of Rohnert Park, a
municipal corporation ( "CITY ") and the Piranha Swim Team, a non - profit youth organization,
( "TEAM ") effective July 1, 2012 ( "Effective Date ").
RECITALS
A. CITY owns Honeybee and Benicia Swimming Pools ( "Pools "), which is available
for use by citizens and organized groups of Rohnert Park.
B. TEAM, a Rohnert Park community youth activity organization, needs a location
for swimming practices and meets.
C. CITY desires to maximize the use of the Pools 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
TEAM at the Pools 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 Pools to TEAM beginning on July 1, 2012 until June 30, 2013 ( "Term "),
and provide access and use of Pools per the scheduled outlined in Exhibit "A."
b. Provide storage shelves located in the Pool's mechanical building.
C. Provide access to the Pool office to TEAM coaches only.
d. Provide and maintain competitive swimming pool components, which shall be
limited to starting blocks, backstroke pennants, and lane line dividers.
3. TEAM OBLIGATIONS. TEAM agrees to the following conditions as part of this
Agreement:
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a. At all times during the term of this Agreement, TEAM shall maintain insurance
coverage as follows:
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
TEAM shall name CITY's officers, officials, employees and agents, as additional
insureds. TEAM umbrella policies must be at least as broad as TEAMS' liability
coverage. TEAM's insurance shall be primary as to liability arising from its use
of the Pools. TEAM shall provide CITY with written proof of such coverage upon
execution of this Agreement, and shall further provide CITY with thirty (30) days
written notice of a material change to or cancellation of such coverage.
2. Workers Compensation Insurance. 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:
The use or occupancy, or manner of use or occupancy, of the Pools by
TEAM;
2. Any act, error, omission, or negligence of TEAM on or about the Pools;
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 Pools, 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:
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, at its sole cost and expense, 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 Pools, other than for regular practices or
competitions conducted by TEAM, without written approval of CITY.
f. TEAM shall adhere to all safety rules as set forth by CITY for safe operation of
the Pools.
g. TEAM shall not assign any of its rights nor transfer any of its obligations under
this Agreement without the prior written consent of CITY and any attempt to so
assign or so transfer without such consent shall be void and without legal effect
and shall constitute grounds for termination.
h. TEAM shall, at its sole cost and expense, comply with all applicable federal, state
and local laws, codes, ordinances and regulations now in force or which may
hereafter be in force. TEAM shall not use or allow anything to be done in or
about the pool, pool office, pool mechanical building, or any other location
contemplated being used by TEAM under this Agreement that will in any way
conflict with any law, ordinance or governmental regulation now in force or
hereafter enacted or promulgated.
4. RENTAL PAYMENT
a. TEAM shall pay CITY a monthly rental fee ( "Rental Fee ") equal to One -
Thousand Nine - Hundred Dollars ($1,900.00), with the first payment due for the
month of April 2012 to be paid to CITY no later than July 15th, 2012.
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b. The Rental Fee will be due and payable by TEAM to CITY in full on the fifteenth
(15 "') day of each month for that month. Any unpaid rent will be considered
delinquent if not paid by such date.
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 CITY for the term of the Agreement
and may be applied to any unpaid rent or used to make any necessary repairs for
damage caused by TEAM.
d. Rental Payments shall be submitted to:
City of Rohnert Park
Accounts Receivable
130 Avram Ave.
Rohnert Park, CA 94928
5. NOTICE
Any notice, demand, request, consent, approval or communication that either party
desires or is required to give to the other party shall be in writing and either served personally or
sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other
party at the address set forth below. Either party may change its address by notifying the other
party of the change of address. Notice shall be deemed communicated within 48 hours from the
time of mailing if mailed as provided in this section.
If to CITY: Accounts Receivable
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
If to TEAM: Annette Waner
979 Golf Course Dr.
Box 142
Rohnert Park, CA 94928
MISCELLANEOUS:
a. CITY may use the Pools 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
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, TEAM shall be liable for any obligation
hereunder, including payment of rent through and until the date of termination.
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C. Failure of TEAM to abide by any of the provisions of this Agreement ( "Default ")
will be grounds for immediate termination by CITY and forfeiture of all moneys
paid by TEAM through the date of such Default. Upon notice of such Default to
TEAM, CITY may, at any time thereafter and without further notice to TEAM,
exercise any right or remedy that CITY may have at law or in equity, including
without limitation immediate termination of this Agreement.
d. CITY shall have the authority to suspend this Agreement and the services
contemplated herein, wholly or in part, for such period as it deems necessary due
to unfavorable conditions or to the failure on the part of TEAM to perform any of
its obligations under this Agreement. If suspension is due to TEAM's failure to
perform any of its obligations under this Agreement, TEAM shall continue to pay
the Rental Fee in accordance with the terms of this Agreement.
CITY is not responsible or liable for TEAM's failure to comply with any and all
of the requirements set forth in this Agreement.
f. This Agreement constitutes the complete and exclusive statement of the
agreement between CITY and TEAM and supersedes any previous agreements,
whether verbal or written, concerning the same subject matter. This Agreement
may only be amended or extended from time to time by written agreement of the
parties hereto.
g. All parties to this Agreement warrant and represent that they have the power and
authority to enter into this Agreement in the names, titles, and capacities herein
stated and on behalf of any entities, persons, or firms represented or purported to
be represented by such entity(ies), person(s), or firm(s) and that all formal
requirements necessary or required by any state and /or federal law in order to
enter into this Agreement have been fully complied with.
h. This Agreement may be executed in several counterparts, each of which shall
constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In
approving this Agreement, it shall not be necessary to produce or account for
more than one such counterpart.
This agreement is renewable for a period of one year from July 1, 2013 to June
30, 2014 with mutual written consent of both parties. The rental payment will be
agreed upon at that time.
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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
M.
Mayor
Authorized by Resolution No.
Piranha Swim Team
in
City Attorney
President
EXHIBIT "A"
DATES AND HOURS OF POOL USE
HONEYBEE POOL
July 1, 2012 through August 18, 2012
Mon. — Fri. 5:30 pm -6:30 pm 2 lanes
6:30 pm -9:00 pm 6 lanes
Sat. 8:00 -10:00 am 6 Lanes
August 19, 2012 through January 31, 2013
Mon. — Fri. 4:00 pm -7:30 pm 4 -6 lanes (shared with Lap Swim at 6:30 pm)
Sat. 8:00 -10:00 am 6 Lanes
February 1, 2013 through February 10, 2013
Mon. — Fri. 4:00 pm -7:30 pm
Sat. 8:00 -10:00 am
4 -6 lanes (shared with Lap Swim at 6:30 pm)
6 Lanes
February 11, 2013 through May 31, 2013 (RCHS swim season)
Mon. — Fri. 4:00 pm -6:30 pm 6 lanes
6:30 pm -7:00 pm 4 lanes (shared with Lap Swim)
7:00 pm -7:30 pm 3 lanes (shared with lap swim and RCHS)
Sat. 8:00 -10:00 am 6 Lanes
June 1, 2013 through June 30, 2013
Mon. — Fri. 4:00 pm -7:30 pm 4 -6 (shared with Lap Swim at 6:30 pm)
Sat. 8:00 -10:00 am 6 Lanes
Note: City agrees to allow TEAM access to the pool from 6:00 a.m. to 8:00 a.m. Monday,
Wednesday, and Fridays if available at no extra cost. Lanes would be limited.
BENICIA POOL
July 1, 2012 through August 18, 2012
Mon. - Wed. -Fri. 6:30am- 8:30am* 6 Lanes
*Time can be changed with approval from the City.
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