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2006/01/10 City Council Resolution (24)RESOLUTION NO. 2006 -22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AN AGREEMENT WITH ROHNERT PARK YOUTH SOCCER FOR THE USE OF OFFICE AND STORAGE SPACE AT THE BOYS AND GIRLS CLUB WHEREAS: The Rohnert Park Soccer League provides the opportunity to play soccer to over 1500 girls and boys between the ages of five and 19; and WHEREAS: In order to be fully effective the RPSL requires a facility in which to hold meetings, provide equipment storage and conduct administrative office business; and WHEREAS. The City is willing to provide for use of such a facility as further described below; and WHEREAS: Use of the said facility would be shared with the Boys and Girls Club of Rohnert Park (hereinafter, Club); and WHEREAS: Upon written direction of the City, RPSL would pay to the Boys and Girls Club the monthly rent outlined below. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve an agreement by and between Rohnert Park Soccer League, a non -profit organization, and the City of Rohnert Park, a municipal corporation, for the use of office and storage space at the Boys and Girls Club of Rohnert Park. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute this agreement in substantially similar form to the attached agreement for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this date of January 10, 2006, ATTEST: City Clerk CITY OF ROHNERT PARK r c Mayor Tim Smith 0® BREEZE: AVE FLORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE SMITH: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) JH- S:05 -f LEASE AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND ROHNERTPARK SOCCER LEAGUE FOR THE USE OF OFFICE SPACE AT THE BOYS AND GIRLS CLUB 1. Date and Parties This Lease Agreement ( "LEASE "), made this I oth day of January, 2006, between the City of Roluiert Park a Municipal Corporation, hereinafter referred to as "City," and Rohnert Park Soccer League, hereinafter referred to as "Tenant" or "RPSL." 2. Leased Premises That City does hereby lease to RPSL, and RPSL does hereby lease from City, those certain premises situated in the City of Rohnert Park, County of Sonoma, State of California, commonly referred to as the Boys and Girls Club, located at 7450 Santa Barbara, Rohnert Park. Within these premises the Rohnert Park Soccer League shall lease an office (72 sq. ft.), meeting room (493 sq. ft.) and restrooms on a scheduled basis consistent with historical practice. 3. Uses The described premises are to be used by RPSL for conducting activities sanctioned by the RPSL. These activities include but are not limited to League business meetings, soccer related classes, and team meetings. It is understood that these premises may be shared with the Rohnert Park Boys and Girls Club (Club) and that the Club would use the premises during the hours of 8:00 a.m. and 6:30 p.m. Monday through Friday. As between the Club and the RPSL, the Rohnert Park Soccer League shall have exclusive use of the office and meeting room after 6:30 p.m. Monday through Friday and Saturdays and Sundays. Schedule of use shall not conflict with basic schedule of activity /operation of either the RPSL or the Club. RPSL will cooperate with the Club on the shared use of these facilities, with RPSL to pay its fair share of utilities and janitorial costs for said use. Any damage to the building or contents or unusual clean -up caused by RPSL use shall be paid for by RPSL reimbursing either City or the Club for reasonable repair costs. RPSL may place an appropriate sign at the premises identifying it as the location of the RPSL administrative offices. The Boys and Girls Club shall ensure that the premises leased by RPSL are maintained in a manner fully consistent with the RPSLs intended use as a meeting room and administrative office. Club shall agree to pay the reasonable repair or replacement costs for RPSL property damaged, stolen or lost during the Club's business hours of 8:00 a.m. to 6 p.m. City reserves the right to use premises for city activities at no charge on a scheduled basis if available as determined by RPSL. 4. Covenants It is mutually agreed that this Lease is subject to the covenants and conditions of this Agreement. Tenant covenants as a material part of the consideration for this Lease, to keep and perform each and all of said teens, covenants and conditions to be kept or performed by RPSL, and that this Lease is contingent upon the conditions of such performance. 5. Term The term of this Lease shall be three (3) years from the date of execution unless sooner terminated as provided for in this Lease. RPSL may notify City in writing ninety days prior to the end of lease term of desire to extend lease for an additional 3 (three) years with terms to be negotiated. City will respond to RPSL in writing within thirty days from date of notification of desire to extend with either an affirmative to consider an extension or a notice to RPSL to vacate the premises at the end of the lease term. If City agrees to consider the extension, lease terms will be negotiated between City and RPSL within the next 30 days. If an agreement is not reached between City and RPSL on lease teams, RPSL shall vacate the premises at the end of the lease term. RPSL may terminate this Lease with six months prior written notice. Notice must be dated and sent by registered mail to City. City may terminate this Lease with six months prior written notice. Notice must be dated and sent by registered mail to RPSL. Upon notice of termination of the lease, RPSL must vacate premises within six months from date of notice. 6. Rental RPSL agrees to pay Club, in advance, on the first day of each calendar month at the office of Club or such other place designated by Club, without any prior demand therefore, and without any deduction or set -off whatsoever, a monthly rental, of $ 50.00 per month. All payments to the Club following written instruction by the City shall be considered to be in full compliance with the terms of this lease. City agrees to allow RPSL at its expense to modify the premises with the prior written consent of the City. RPSL shall not make any leasehold improvements without City's prior written approval. The cost of leasehold improvements shall be paid for by RPSL. 7. Care, Maintenance and Repair RPSL at its cost shall provide usual and customary care to the premises including custodial and minor (under $500 of estimated cost per item) interior repairs, or damage due to neglect or misuse. City will be responsible for major (over $500 of estimated cost per item) interior repairs, exterior repairs, repairs caused by vandalism, and exterior maintenance 0 to the building and landscaping. RPSL shall not be responsible for damage thereto by ordinary wear and tear, fire, earthquake, act of God or the elements. RPSL shall not be responsible for damages caused by the Club. RPSL agrees to immediately notify City of any damage it observes that is caused while the premises are occupied by the Club. Notification shall be given to the city's Recreation Director. 8. Use of Premises RPSL shall not use, or permit the said premises; or any part thereof, to be used for any purpose or purposes other than the purpose of purposes for which the said premises are ]eased to RPSL as hereinbefore specified; and no use shall be made or pennitted to be made of said premises, no acts done, which will increase the existing rate of insurance upon the building thereon, or cause a cancellation of any insurance policy covering said building, or any part thereof or shall the RPSL sell, or permit to be kept, used or sold, in or about the said premises, any article which may be prohibited by the standard forn of fire insurance policies. RPSL shall continually inspect facilities provided by City to identify any unsafe or dangerous conditions and to promptly notify City of any damaged or dangerous facilities or equipment needing repair. 9. Security Deposit RPSL, contemporaneously with the execution of this Lease, agrees to deposit with City the sum of $200 (two hundred dollars). Said deposit shall be held by City without liability for interest as security for the faithful perfonnance by RPSL of all the terms, covenants, and conditions of this Lease by said Tenant to be kept and performed during the term hereof. At such time as the RPSL vacates the premises, the security deposit may be used for appropriate expenses if Tennant does not correct the noted deficiencies within a reasonable time following written notice by the City. If at any time during the term of this Lease any sum payable by RPSL to City hereunder shall be overdue and upaid then City may, at the option of City (but City shall not be required to), appropriate and apply any portion of said deposit to the payment of any such overdue sum. In the event or the failure of RPSL to keep and perform any of the terms, covenants and conditions of this Lease to be kept and performed by RPSL, then the City at its option may appropriate and apply said entire deposit, or so much thereof as may be necessary, to compensate on the part of RPSL. Should the entire deposit, or any portion thereof, be appropriated and applied by City for the payment of overdue sums due and payable to City by RPSL hereunder, then RPSL shall, upon the written demand of City, forthwith remit to City a sufficient amount of cash to restore said security to the original sum deposited and RPSL's failure to do so within 5 (five) days after receipt of such demand shall constitute a breach of a material term of this Lease. 10. Insurance Lessee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection 3 with the Lessee's operation, and use of the leased premises. The cost of such insurance shall be born by the Lessee. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage ( "occurrence" form CG 0001). 2. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with employees). 3. Property, insurance against all risks of loss to any tenant improvements or betterments. B. Minimum Limits of Insurance Lessee shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice the required occurrence limit. 2. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 3. Property Insurance: Full replacement cost with no coinsurance penalty provision. C. Deductibles and Self- Insured Retentions Any deductibles or self - insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: I . The City, its officers, officials, employees and volunteers are to be covered as insured's with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the lessee. 2. The Lessee's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, or volunteers shall be excess of the Lessee's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given the City. 4. Lessee shall furnish the city with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements must be on forms provided by the city. All certificates and endorsements are to be received and approved by the city before work commences. The city reserves the right to require 11 complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. 11. Hold Harmless In accordance with the provisions of the required insurance, RPSL shall indemnify, hold harmless, and defend City, Boys and Girls Club of Rohnert Park and all of their officers, agents, employees and volunteers from and against all claims, damages, losses and expenses, including reasonable costs and attorneys' fees, arising out of or resulting from RPSL's use of the Premises or allegations of RPSL and City joint negligence in the performance of this agreement. City shall indemnify, hold harmless, and defend RPSL and all of its officers, agents and employees from and against all claims, damages, losses and expenses, including reasonable costs and attorneys' fees, arising out of or resulting from City's sole negligence in the performance of this agreement. 12. Assignment and Subletting RPSL shall not assign or encumber this Lease in whole or in part, nor sublease all or any part of the leased premises or allow any other person or representative to occupy all or any part of the premises, without the prior written consent of City. 13. Waste Nuisance Additions and Alterations RPSL shall not commit, or suffer to be committed any waste upon the said premises, or any public or private nuisance, or other act or thing which may disturb the quiet enjoyment of any other RPSL in the building in which demised premises may be located. RPSL will not make or suffer to be made, any alterations, decorations, additions, improvements or fixtures to the said premises without the prior written consent of City. Upon the expiration or sooner 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 City without compensation to RPSL provided, that City shall have the option to require RPSL to remove said items and repair any damage thereby caused to the leased premises. 14. Govern mental Regulations RPSL shall, at RPSL's sole cost and expense, comply with all of the requirements of all county, municipal, state, federal and other applicable governmental authorities now in force, or which may hereafter be in force, pertaining to the said premises, and shall faithfully observe in the use of the premises all municipal and county ordinances and state and federal statutes now in force or which may hereafter be in force. 5 l 5. Damage or Destruction If the leased premises shall be damaged or destroyed by fire or other cause so as to render them untenantable in whole or in part, the rent shall be, abated proportionately as to the portion of the premises rendered untentable during the period that the premises are being repaired or rebuilt, except that Owner shall have the right to be exercised by notice in writing delivered to RPSL within 60 (sixty) days from and after said occurrence, to elect not to repair or rebuild the premises, and in such event this Lease shall thereupon terminate. 16. Default of Tenant In the event of any failure of RPSL to pay any rental due hereunder when the same shall be due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by RPSL, or if RPSL shall become bankrupt or insolvent or file any debtor proceedings, or take or have taken against RPSL in any court pursuant to any statute, either of the United States or of any state, a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of RPSL's property, or if RPSL makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if RPSL shall abandon said premises, or suffer this Lease to be taken under any writ of execution, the City, besides other rights or remedies it may have, may, at City's option, and in addition to all other remedies at law or in equity, terminate this Lease, and (whether or not City elects to terminate this Lease) shall have the immediate right of re -entry and may remove all persons and property from the leased premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of RPSL, all without service of notice or resort to legal process and detainer, or becoming liable for any loss or damage which may be occasioned thereby. No receipt of monies by City from RPSL, after the termination in any way of this lease, or after the giving of any notice, shall reinstate, continue or extend the term of this Lease, or affect any notice given to the RPSL prior to the receipt of such money, it being agreed that after the service of notice or commencement of a suit, or after final judgment for possession of said premises, City may receive and collect any rent due, and the payment of said rent shall not waive or affect said notice, said suit or said judgment. 17. Legal Expenses In case suit shall be brought for recovery of possession of the lease premises, for the recovery of rent or any other amount due under the provisions of this Lease, or because of the breach of any other term, condition or covenant herein contained on the part of RPSL to be kept or performed, and a breach shall be established; RPSL shall pay to City all expenses incurred thereof, including reasonable attorney's fees. 18. California Law The laws of the State of California shall govern the validity, performance and enforcement of this Lease. 6 19. Entry and Inspection RPSL shall permit City and its agents to enter into and upon the premises at all reasonable times for the purpose of inspecting same, or to make alterations or additions to the premises or to any other portion of the building in which the premises are situated, without any rebate of rent to RPSL for any loss of occupancy or quiet enjoyment of the premises, or damage, injury or inconvenience thereby occasioned. 20. Holding Over Any holding over after the expiration of the said term, with the consent of the City, shall be construed to be a tenancy from month to month, and shall otherwise be on the terms and conditions herein specified, so far as applicable. 21. Successors The covenants and conditions herein contained shall, subject to the provision as to assignment, apply to and bind the heirs, executors, administrators and assigns of the parties hereto. 22. Owner's Successor In the event that City or any successor owner of the leased premises shall sell or convey the leased premises, all liabilities and obligations on the part of City or such successor owner shall terminate, and thereupon all such liabilities and obligations shall be binding upon the new owners. 23. Waiver The waiver by City of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or conditions herein contained. No term, covenant, or conditions of this Lease shall be deemed to have been waived by City unless such waiver be in writing by City. 24. Accord and Satisfaction No payment by RPSL or receipt by City or at the City's direction, the Boys and Girls Club, of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account for the earliest stipulated rent, not shall any endorsement or statement on any check or letter accompanying any check or payment of rent be deemed an accord and satisfaction, and City or the Club may accept such check or payment without prejudice to City's right to recover the balance of such rent or pursue any other remedy in this Lease provided. 7 25. Reduction of Rental If the City, for any reason whatsoever, cannot deliver possession of the said premises to the RPSL at the commencement of the said term, as hereinbefore specified, this Lease shall not be void or voidable, nor shall the City be liability to the RPSL for any loss or damage resulting therefrom, but in that event there shall be a proportionate reduction of rent covering the period between the commencement of the said term and the time when the City can deliver possession. 26. Notices All notices required by law, or by this Lease, to be given to the RPSL may be given personally or by depositing the same in the United States Mail, postage prepaid, and addressed to the RPSL at Post Office Box 1656, Rohnert Park, CA 94927 -1656. Notices to city shall be addressed to Recreation Services Manager, City of Rohnert Park, 5401 Snyder Lane, Rohnert Park, CA 94928. 27. Conditional Limitations Each term and provision of this Lease performable. by RPSL shall be construed to be both a covenant and condition. 28. Time of Essence Time is of the essence of each tern and provision of this Lease. 29. Parties' Familiarity BOTH PARTIES CERTIFY TO THEIR FULL FAMILIARITY WITH THE PROVISIONS HEROF, AND AGREE THAT THE PROVISIONS HEREOF ARE NOT TO BE CONSTRUED EITHER FOR OR AGAINST EITHER PARTY. IN WITNESS WHEREOF, the City and the RPSL have hereunto and to a duplicate hereof set their respective hands and seals, the day and year first above written. CITY OF ROHNERT PARK ROHNERT PARK SOCCER LEAGUE ROHNERT PARK SOCCER LEAGUE By: _ By: City Manager Stephen R. Donley (Date) President (Date) Per Resolution No. 2006- adopted by the City Council on January 10, 2006 ATTEST: City Clerk AP ROVED AS TO FORM: City Attorney E