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2006/06/13 City Council Resolution (3)RESOLUTION NO. 2006-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AN AMENDMENT TO THE LICENSE AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND REBUILDING TOGETHER ROHNERT PARK - COTATI FOR THE USE OF A CUBICLE IN CITY HALL TO CONDUCT ADMINISTRATIVE ACTIVITIES FOR THE HOME REHABILITATION PROGRAM WHEREAS, In July of 2004, the City Council approved a two -year License Agreement by and between the City of Rohnert Park and Rebuilding Together Rohnert Park - Cotati ("Rebuilding Together") for the use of a cubicle in City Hall in order for Rebuilding Together to conduct the administration of the rehabilitation program; and WHEREAS, the City desires to amend its License Agreement with Rebuilding Together to allow for an additional two years in order for Rebuilding Together to conduct the administration of the rehabilitation program within City Hall. NOW THEREFORE BE IT RESOLVED by the Council of the City of Rohnert Park that the Amended License Agreement with Rebuilding Together Rohnert Park - Cotati in substantially similar form to the attached agreement is hereby approved and the City Manager is authorized to execute same for and on behalf of the City of Rohnert Park. BE IT FURTHER RESOLVED that the City Manager is directed to implement the terms and conditions of said License Agreement. DULY AND REGULARLY ADOPTED this 13th day of June, 2006. ATTEST: City Clerk 19 CITY OF ROHNERT PARK Mayor Ti V,oHNERT P,;7 V BREEZE: AYE FLORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE SMITH: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) LICENSE AGREEMENT BY AND BETWEEN CITY OF ROHNERT PARK AND REBUILDING TOGETHER ROHNERT PARK - COTATI 1. Parties. This License Agreement (the "License ") is made and entered into by and between THE CITY OF ROHNERT PARK, a California municipal corporation (hereafter referred to as "City ") and Rebuilding Together Rohnert Park- Cotati, a non - profit organization (hereafter referred to as "Licensee "), and is effective as of , 2006 (the "Effective Date "). The Community Development Commission of the City of Rohnert Park (CDCRP) provides funding to Licensee, a non - profit charitable organization, for the purpose of rehabilitating the Monies of very-low and low- income homeowners, primarily the elderly, disabled, and families with children, so they can live in warmth, safety and independence. Licensee also solicits and receives funding through grants, local businesses and private citizens. 2. Licensed Area. City grants a license to Licensee for the Term (as defined in Section 4), kh` Payment Amount (as defined in Section 5), and upon all of the conditions set forth herein, that certain cubicle of approximately 76 square feet, including City -owned furniture (desk, file cabinet, telephone and chair), situated on the southeast side of the City of Rohnert Park's City Hall, located in the County of Sonoma, State of California, at 6750 Commerce Boulevard, Rohnert Park, (the "Licensed Area "). A depiction of the Licensed Area is attached to this Agreement as Exhibit A. Facilities and Services. 3.1 Facilities. In addition to the Licensed Area, City hereby provides the use of the following facilities ( "Facilities "): restrooms and parking spaces. 3.2 Services. City shall provide Licensee with all utilities, including gas, electricity, water, sewer and garbage. 4. Term. The term of this License shall be Two (2) years from the Effective Date (the "Term "). However, either party may terminate the License at any time, subject to the following: 4.1 Extension of License Term. Licensee may notify City in writing ninety (90) days prior to the end of License term of desire to extend License for an additional (1) year with terms to be negotiated. City will respond to Licensee 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 Licensee to vacate the Licensed Area at the end of the License term. If City agrees to consider the extension, License terms will be negotiated between City and Licensee within the next 30 days. If an agreement is not reached between City and Licensee on License terms, Licensee shall vacate the Licensed Area at the end of the License term. 4.2 License Termination. City may terminate this License with thirty (30) days prior written notice of intent to terminate. Licensee may terminate this License with sixty (60) days prior written notice of intent to terminate. Any such notice must be dated and sent in compliance with Section 16, 5. License Payment. Licensee shall pay to City as consideration for use of the Licensed Area, and additional Facilities and Services provided, the sum of $52.00 Dollars per month, payable on the first day of each calendar month for an annual sum of $624.00. Licensee shall remit such Payment to City at such location as is designated by City, without any prior demand therefor and without any deduction or set -off whatsoever. 6. Care of Licensed Area. Licensee accepts the Licensed Area in its present condition, as- is. Licensee shall maintain Licensed Area in broom -clean condition during the entire Term of the License. 6.1 Repairs. Licensee at its cost shall provide usual and customary care to the premises including custodial and minor repairs, or damage due to neglect or misuse. City will be responsible for major (over $500 of estimated cost per item) repairs and/or repairs caused by vandalism to the building. Licensee shall not be responsible for damage thereto by ordinary wear and tear, fire, earthquake, act of God or the elements. If the Licensed Area is damaged or destroyed by fire, earthquake, act of God or the elements so as to render it untenable in whole or part, the License Payment shall be abated proportionately as to the portion of the area rendered untenable during the period that the Licensed Area is being repaired or rebuilt, except that within sixty (60) days from and after said occurrence, City shall have the right to elect not to repair or rebuild the area. Upon such election, this License shall terminate. 6.2 Improvements. Licensee shall not make any. improvements or modifications to the Licensed Area without City's prior written approval. Licensee shall pay for the cost of all such improvements and shall reimburse City for any damage to the cubicle, building or contents thereof. Any modification approved pursuant to this section shall not materially hinder the daily operations of City. 7. Use. 7.1 Time and Purpose. The Licensed Area shall be used by Licensee to conduct its administrative business between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday only. Licensee may use City Hall meeting rooms to the extent that such use is not inconsistent with and does not interfere or disrupt the use of said meeting rooms for City activities. Licensee may install a dedicated telephone /fax line and computer using its own dedicated telephone line for Internet access. Licensee shall not use the Licensed Area for any other purposes or at any other time without first obtaining the City's written consent. No use shall be made or permitted to be made of said Licensed .Area, 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 nor shall, the Licensee sell or permit to be kept, used or sold, in or about the said Licensed Area, any article which may be prohibited by the standard form of fire insurance policies. Licensee shall continually inspect Fq 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. 7.2 Lawful Uses. Licensee, in its use of the Licensed Area, shall comply with any and all applicable local, state and/or federal ordinances, laws and regulations. 8. Deposit. Licensee, has deposited with City the sum of Two Hundred Dollars ($200) ( "Deposit "). Said Deposit has been held since August 2003 by City without liability for interest as security for the faithful performance by Licensee of all the terms, covenants, and conditions of this License by said Licensee to be1ept and performed during the term hereof. If at any time during the term of this License,. any sum payable by Licensee to City hereunder shall be overdue and unpaid then City may, at the option of City (but City not required to), appropriate and apply any portion of said Deposit to the payment of any such overdue sum. In the event of Licensee's failure to keep and /or perform any of the terms, covenants and conditions of this License, City at its option may appropriate and apply said Deposit, or so much thereof as may be necessary, to t oirkpz. nsate City for Licensee's failure. Should the entire Deposit, or.any portion thereof, be appropriated and applied by City, Licensee shall, upon written demand of City, remit to City a M-Ticient amount of cash to restore said Deposit to the original sum submitted as security. Licensee's failure to remit such amount within five (5) days after receipt of said demand shall constitute a breach of a material term of this License. 9. Insurance. Licensee shall, at Licensee's own expense, carry and maintain in full force a policy or policies of comprehensive public liability and property damage insurance and products liability insurance, written by one or more responsible insurance companies licensed to do business in California, that will insure Licensee and City (and such other persons, firms, or corporations as are designated by City) against liability for injury to persons and property and for death of any person or persons arising out of the use or occupancy of the premises by Licensee or the operation thereof. Each such policy shall be subject to approval by City. The liability under such insurance shall not be less than $1,000,000 combined single limit for each occurrence, for bodily injury and property damage. Such policy or policies shall further be endorsed if any applicable exposure exists or at the request of City for the following hazards: Blanket Contractual Liability, Dreamshop Insurance, Broad Form Property Damage, and expense Workers' Compensation and Employers' Liability insurance covering employees for California Workers' benefits, including Employers' Liability with limits of at least $500,000 for each accident. City shall be named thereon as an additional insured. Further, the policy shall provide for notification to the City in writing at least thirty (30) days prior to any cancellation or expiration. Licensee, at its own expense, shall provide a copy of such policies to Cas Ellena, Housing and Redevelopment Project Manager, City of Rohnert Park, 6750 Commerce Boulevard, Rohnert Park, CA 94928, within 20 days of execution of this License. 10. Indemnity. Licensee shall defend, indemnify, and hold the City of Rohnert Park, its officers, employees, and agents, harmless from and against any and all liability, loss, expense (including reasonable attorney's fees), or claims for injury or damages arising out of the performance of this License, to the extent such liability, loss, expense, attorney's fees, or claims for injury damages are caused by or resulting from the negligent or intentional acts or omissions of Licensee, its officers, employees, or agents. 11. Assignment and Subletting. Licensee shall not assign, mortgage, sublet, or otherwise transfer or encumber all or any part of Licensee's interest in this License or in the Licensed Area. Any attempted assignment, transfer, mortgage, encumbrance or subletting shall be void, and shall constitute a breach of this License. 11 Entry and Inspection. Licensee shall permit City and its agents to enter into and upon the Licensed Area at all reasonable times for the purpose of inspecting same, or to make alterations or additions to the area or to any other portion of the building in which the Licensed Area is situated, without any rebate of rent to Licensee for any loss of occupancy or quiet enjoyment of the premises, or damage, injury or inconvenience thereby occasioned. 13. Licensee's Default; Landlord's Remedies. If Licensee at any time is in default in the keeping and performing of any of its covenants or agreements herein contained, Licensee will be considered in default. Upon the occurrence of any such default, the City, in addition to any and all other rights or remedies of the City hereunder, or by law or in equity provided, shall have the sole option to terminate this License by giving Licensee notice of termination, and whether or not City elects to terminate said License, City, at its option, shall have the immediate right of re- entry and may remove all persons and /or property from the Licensed Area and such property may be removed and stored at the cost of Licensee, all without service of notice or resort to legal process and detainer, and without City becoming liable for any loss or damage which may be occasioned. 14. Severability. The invalidity of any provision of this License as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 15. Time of Essence. Time is of the essence. 16. Prior Agreements. This License contains all agreements of the parties with respect to the use of the Licensed Area by Licensee as of the Effective Date. No provision of any prior agreement or understanding, oral or written, specifically pertaining thereto shall be effective. 17. Authorship; Amendments. This License is a jointly negotiated work product and authorship shall not be ascribed to any particular party. This License may be modified in writing only, signed by the parties in interest at the time of the modification. 18. Notices. Any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified mail, and if given personally or by mail, shall be deemed sufficiently given if addressed to Licensee or to City at the address noted below the signature of the respective parties. 19. 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 Payment hereunder by City shall not be a waiver of any preceding breach by Licensee of any provision hereof. 0 20. Governing Law. This License shall be governed by the laws of the State of California. 21. Attorney's Fees. If either party brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in any such action, on trial or appeal, or on any petition for review, shall be entitled to its reasonable attorney's fees to be paid by the losing party as fixed by the court. 22. Counterparts. This License may be executed (whether simultaneously or on separate counterpart pages) in more than one counterpart, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. The parties hereto have executed the License at the place and on the dates specified immediately adjacent to their respective signatures. CITY: Executed at , on "dre. a Approved as to form: City Attorne , Deputy LICENSEE: Executed at Address: on 5 CITY OF ROHNERT PARK Stephen R. Donley, City Manager Per Resolution No. 2006 -151 adopted by the City Council on June 13, 2006 Attest: City Clerk REBUILDING TOGETHER ROHNERT PARK - COTATI Ken Weise, President Barbara Denlis, Executive Director