2007/11/27 City Council Resolution (5)RESOLUTION NO. 2007-199
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING A LEASE AGREEMENT WITH THE SENIORS' CRAFT SHOPPE
FOR ROOM SPACE AT THE ROHNERT PARK SENIOR CENTER,
6800 HUNTER DRIVE, SUITE A, ROHNERT PARK
WHEREAS, a portion of the building located at 6800 Hunter Drive, Suite A, which
hereinafter shall be referred to as the Rohnert Park Senior Center, continues to be used by the
City of Rohnert Park as a Senior Center;
WHEREAS, the Seniors' Craft Shoppe has leased space in the Rohnert Park Senior
Center to store, display, and sell crafts; and
WHEREAS, the design of the Rohnert Park Senior Center incorporated space for the
operation of a craft shop.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the lease agreement entitled " Rohnert Park Senior Center Space Lease /Rental, Seniors'
Craft Shoppe" for space rental at the Rohnert Park Senior Center, dated January 1, 2008, by and
between the City of Rohnert Park and the Seniors' Craft Shoppe is hereby approved.
DULY AND REGULARLY ADOPTED this 27th day of November, 2007.
CITY OF ROHNERT PARK
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ATTEST:
City
BREEZE: AYE MACKENZIE: AYE SMITTT AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
ROHNERT PARK SENIOR CENTER
SPACE LEASE /RENTAL,
SENIORS' CRAFT SHOPPE
1. Date and Parties
This LEASE AGREEMENT, ( "LEASE "), effective this first day of January, 2008
( "Effective Date "), between the City of Rohnert Park, a municipal corporation,
( "Landlord" or "City "), and the Seniors' Craft Shoppe, a California non - profit corporation
( "Tenant ").
2. Leased Premises
City hereby leases to Tenant, and Tenant leases from City, for the Term (defined below)
for the Rent (defined below) and upon the conditions set forth herein, those certain
premises situated in the City of Rohnert Park, County of Sonoma, State of California,
more particularly described as follows ( "Premises "):
A space containing approximately 485 square feet located at 6800 Hunter Drive,
Suite A.
3. Covenants
It is mutually agreed this Lease is upon and subject to the following terms, covenants,
and conditions and the Tenant covenants as a material part of the consideration for this
lease, to keep and perform each and all of said terms, covenants, and conditions, and
this Lease is made upon the condition of such performance.
4. Use
The Premises are to be used for the storage, display, and consignment sales of crafts
on such days and at such times as correspond to the regular operating days and hours,
or portion thereof, of the Rohnert Park .Senior Center, and for no other business or
purpose, without the written consent of the City.
Tenant shall not use the Premises or permit acts to be done on the Premises which
would increase the existing rate or cause the cancellation of any existing insurance
coverage for the Premises or the building thereon, or any part thereof. Tenant shall not
sell or permit to be kept, used, or sold, in or about the Premises, any item which would
be prohibited by the standard form of fire insurance policies.
5. Term
The term ( "Term ") of this Lease shall be three (3) successive one (1) year terms,
commencing on the Effective Date and automatically renewing each year. The Lease
shall terminate on December 31, 2010, unless: (i) either party elects to terminate this
Lease earlier by providing ninety (90) days prior written notice of termination to the non -
terminating party, or (ii) in the event City terminates this Lease due to a default by
Tenant in accordance with Section 16.
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6. Rental
Tenant shall pay City, no later than the 15th day of each calendar month during the Term
beginning January 15, 2008, at the office of the City or such other place designated by
the City, without any prior demand therefore, and without any deduction or set -off
whatsoever, as monthly rental for the Premises, ten percent (10 %) of total gross
revenues from all sales made by Tenant during the previous calendar month ("Rent").
7. Report of Gross Consignment Sales Revenues
Tenant agrees to submit to the City by the 15th day of each calendar month beginning
January 15, 2008 at the office of the City or such other place designated by the City, a
financial report of gross sales revenues received by Tenant during the previous
calendar month. Tenant shall maintain and preserve at the Premises, for at least one
year, its books and records which support or contain information used in connection
with Tenant's preparation of the financial reports described in this Section 7. From time
to time, City shall have the right during business hours to make any examination or
audit of such books and records. If any such audit discloses that the actual gross sales
revenues by Tenant was underreported by more than five percent (5 %), Tenant shall
pay the reasonable costs of such audit and examination.
8. Exemption and Indemnification of the City of Rohnert
To the full extent permitted by law, Tenant shall indemnify, hold harmless, release and
defend (with counsel acceptable to City) City and its officials, employees, volunteers and
agents from and against any and all actions, claims, demands, damages, disability, losses,
expenses including attorney's fees and other defense costs and liabilities of any nature
that may be asserted by any person or entity including Tenant, arising out of or, connected
with the conduct or management of the business conducted by Tenant on or about the
Premises, or the occupancy or use by Tenant of the Premises or any party thereof, or from
any breach or default on the part of Tenant in the performance of any covenant or
agreement on the part of Tenant to be performed pursuant to this Lease or from any acts
or omissions of Tenant or any person on or about the Premises by license or invitation of
Tenant or occupying the Premises or any part thereof under Tenant, excepting damage
caused by the sole negligence or willful misconduct of City. This indemnification obligation
is not limited in any way by any limitation on the amount or type of damages or
compensation payable by or for Tenant under Worker's Compensation, disability or other
employee benefit acts, or the terms, applicability or limitations of any insurance held or
provided by Tenant. Tenant's indemnification obligations under this Section 8 shall survive
the termination of this Agreement.
9. Waiver of Loss
The City and its officials, employees, volunteers and agents will not be liable and /or held
responsible for the loss of or damage to any items displayed or stored by Tenant in the.
Premises due to theft, fire, flood, earthquake or otherwise. Any such losses are the sole
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responsibility of the Tenant. All property of Tenant kept or stored on or in the Premises
shall be kept or stored at the sole risk of Tenant and Tenant shall hold City harmless from
any claims arising out of damages to the same, including subrogation claims by Tenant's
insurance carriers.
10. Statement Regarding Possessory Interest Tax
This Lease creates a possessory property interest in Tenant. Tenant's property interest
may be subject to property taxation, and Tenant and /or any other party in whom
possessory interest is vested may be subject to the payment of property taxes levied on
such possessory property interest.
11. Utility Charges
So long as Tenant is not in default under this Lease, City will pay reasonable charges
for heat, water, sewer, gas, electricity, garbage service, and janitorial service for the
Premises.
12. Advertising / Publicity
Tenant, at its sole cost and expense, shall pay for and be solely responsible for all
advertising or publicity incidental to its operations.
13. Assignment and Subletting
Tenant acknowledges that it has entered into this Lease in order to acquire the
Premises for its own personal use and has not entered into this Lease for the purpose
of obtaining the right to convey the leasehold to others.
Tenant will not assign or encumber the Lease in whole or in part, nor sublease all or any
part of the Premises or allow any other person or entity to occupy all or any part of the
Premises, without the prior written consent of the City.
14. Waste, Nuisance, Additions and Alterations
Tenant will not commit, or cause to be committed, any waste upon the Premises, or any
public or private nuisance, or other act or thing which may disturb the quiet enjoyment of
the City, the public, or any other tenant in the building in which the. Premises is located.
Tenant will not make, or cause to be made, any alterations, decorations, additions,
improvements, or fixtures to the Premises for any reason whatsoever, including the
purposes of advertising or publicity, without the prior written consent of the City. Upon
the termination of this Lease, all such alterations, decorations, additions, improvements
and fixtures, and any personal property left on the Premises shall become the property
of the City without compensation to the Tenant; provided, however, that City shall have
the option to require Tenant, at Tenant's sole cost and expense, to remove said items
and repair any damage thereby caused to the Premises.
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15. Governmental Regulations
Tenant shall, in Tenant's use of the Premises and at its sole cost and expense, comply
with all the requirements of county, municipal, state and federal laws applicable to this
Lease and Tenant's use of the Premises and any and all other applicable laws from
governmental authorities now in force, or which may hereafter be in force.
16. Default of Tenant
In the event of any failure of the Tenant to: (i) pay when due any rental or other payment
obligation hereunder, or, (ii) perform any other of the terms, conditions or covenants of
this Lease to be observed or performed by the Tenant, Tenant shall be deemed to be in
default of this Lease. If such default continues for thirty (30) days after written notice
from City to Tenant specifying the default, City, in addition to all other rights or remedies
City may have hereunder or by law or in equity, shall have the sole option to terminate
this Lease to be effective immediately upon notice to Tenant.
17. Entry and Inspection
Tenant will permit the City and its agents to enter into and upon the Premises at all
reasonable times for the purpose of inspecting same, making alterations or additions to
the Premises or to any other portion of the building in which the Premises are situated,
or to clean and maintain the Premises or any other portion of the building in which the
Premises are situated, without any rebate or rent to the Tenant for. any loss of
occupancy or quiet enjoyment of the Premises, or damage, injury or inconvenience
thereby occasioned. The City will permit the Tenant and its agents access through
common areas and other portions of the building in which the Premises are situated at
all reasonable times.
18. Notice.
Notice is considered given either (1) when delivered in person to the recipient named as
below, or (2) two days after deposit in the United States mail in a sealed envelope or
container, either registered or certified mail, return receipt requested, postage and
postal charges prepaid, or (3) the next business day if sent by nationally recognized
courier service addressed by name and address to the party or person intended as
follows:
To Landlord: City of Rohnert Park
City Manager
6750 Commerce Boulevard
Rohnert Park, CA 94928
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To Tenant: Seniors' Craft Shoppe
Rohnert Park Senior Center
6800 Hunter Drive, Suite A
Rohnert Park, CA 94928
19. Miscellaneous.
19.1 Time of Essence. Time is of the essence of this Lease.
19.2 Attorneys' Fees. In any action or proceeding which either party brings against
the other to enforce its rights hereunder, the unsuccessful party shall pay all costs
incurred by the prevailing party, including reasonable attorneys' fees, which amounts
shall be a part of the judgment in said action or proceeding.
19.3 Severability. If any provision of this Lease or the application of any such
provision shall be held by a court of competent jurisdiction to be invalid, void or
unenforceable to any extent, the remaining provisions of this Lease and the application
thereof shall remain in full force and effect and shall not be affected, impaired or
invalidated.
19.4 Law. This Lease shall be construed and enforced in accordance with the laws of
the state of California, without reference to its choice of law provisions.
19.5 No Option. Submission of this Lease to Tenant for examination or negotiation
does not constitute an option to lease, offer to lease or a reservation of, or option for,
the Premises; and this document shall become effective and binding only upon the
execution and delivery hereof by City and Tenant.
19.6 Third Party Beneficiaries. Nothing herein is intended to create any third party
benefit.
19.7 Headings. Section headings have been inserted solely as a matter of
convenience and are not intended to define or limit the scope of any of the provisions
contained therein.
19.8 Prior Agreements. This Lease contains all agreements of the parties with
respect to the use of the Premises by Tenant as of the Effective Date. No provision of
any prior agreement or understanding, oral or written, specifically pertaining thereto
shall be effective.
19.9 Severability. The invalidity of any provision of this Lease as determined by a
court of competent jurisdiction, shall in no way affect the validity of any other provision
hereof.
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19.10 Authorship; Amendments. This Lease is a jointly negotiated work product and
authorship shall not be ascribed to any particular party. This Lease may be modified in
writing only, signed by the parties in interest at the time of the modification.
19.11 Waivers. No waiver of any provision hereof shall be deemed a waiver of any
other provision hereof or of any subsequent breach of the same or any other provision.
The acceptance of Rent by City shall not be a waiver of any preceding breach by
Tenant of any provision hereof.
19.13 Counterparts. This Leas e
separate counterpart pages) in
deemed to be an original, but all
instrument.
may be executed (whether simultaneously or on
more than one counterpart, each of which shall be
of which together shall constitute one and the same
IN WITNESS WHEREOF, City and Tenant have hereunto and to a duplicate hereof, set
their respective hands and seals, the day and year first written.above written.
CITY OF ROHNERT PARK
a municipal corporation
Mayor
Signature provisions (City approval required)
ATTEST:
Deputy City Clerk
APPROVED AS TO FORM:
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City Attorney C__�
1054311 v2A 80078/0042
SENIORS' CRAFT SHOPPE
a California non - profit corporation
Manager