2007/03/27 City Council Resolution 2007-49RESOLUTION NO. 2007-49
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 and Magnolia Swimming Pools 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 and Magnolia Pools, 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 tenns and conditions of said Lease Agreement.
DULY AND REGULARLY ADOPTED this 27th day of March, 2007.
ATTEST:
1Q
Jp"uLty City C erk
CITY OF ROHNERT PARK
��-�-
Mayor
BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: ABSENT VIDAK- MARTINEZ: AYE
AYES: (4) NOES: (0) ABSENT: (I) ABSTAIN: (a)
RENTAL AGREEMENT
BETWEEN THE CITY OF ROHNERT PARK AND
THE PIRANHA SWIM TEAM
FOR THE USE OF HONEYBEE AND
MAGNOLIA POOLS
This agreement ( "Agreement "), by and between the City of Rohnert Park, a general law city
and a municipal corporation ( "City "), and the Piranha Swim Team, hereinafter referred to as
"TEAM ".
GENERAL RECITALS
A. The CITY owns Honeybee and Magnolia Swimming Pools, which are available for
the use of the citizens and organized groups of Rohnert Park.
B. The Piranha Swim Team, a Rohnert Park community youth activity, is in need of a
location for team swimming practices and meets.
C. The CITY desires to maximize the use of the swimming pools and provide safe and
beneficial programs and activities for youth.
D. The purpose of this agreement is to provide swimming pool access for the TEAM at
Honeybee and Magnolia Swim Pools for practice sessions and swim meets. This will
be accomplished by utilizing unused space and scheduling the public pool activities to
prevent time conflicts.
CITY AGREES TO LEASE PREMISES AS FOLLOWS:
1. Rent Honeybee Pool to TEAM from April 1, 2007 until December 31, 2008 and
Magnolia Pool from June 18, 2007 through August 17, 2007 and June 17, 2008
through August 16, 2008.
2. Provide access and use of Honeybee Pool located at 1170 Golf Course Dr. and
Magnolia Pool located at 1501 Middlebrook Dr, Rohnert Park, California, per the
scheduled outlined in Exhibit "A ".
3. Provide storage shelves located in the pool mechanical building at Honeybee Pool.
4. Provide access to the pool office for coaches only.
5. Provide and maintain competitive swimming pool components limited to starting
blocks (Honeybee Pool only), backstroke pennants, and lane line dividers.
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TEAM AGREES TO:
1. Insurance. At all times during the term of this Agreement TEAM shall maintain
insurance coverage as follows:
A. Liability Insurance: Comprehensive general liability insurance with the
following minimum limits:
$1,000,000 per occurrence
$2,000,000 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 umbrella policies must
be at least as broad as the parties' liability coverage. The TEAMS insurance
shall be primary as to liability arising from its use of CITY facilities. The TEAM
shall provide the CITY with written proof of such coverage upon execution of
this Agreement, and shall further provide the other party with thirty (30) days
written notice of a material change to or cancellation of such coverage.
B. The TEAM shall maintain Workers Compensation Insurance for its employees
providing statutory benefits as required by state law with employer's liability limits
no less than $1,000,000 per accident or disease.
2. 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 Lease, the tenancy created under this
Lease or the Premises, including without limitation:
A. The use or occupancy, or manner of use or occupancy, of the Premises or
Building by TEAM;
B. 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 Real Property;
C. TEAM's conducting of its business;
D. Any alterations, activities, work, or things done, omitted, permitted,
allowed, or suffered by TEAM in, at, or about the Premises or Building,
including the violation of or failure to comply with any applicable laws,
statues, ordinances, standards, rules, regulations, orders, decrees, or
judgments in existence on the Lease Commencement Date or enacted,
promulgated, or issued after the date of this Lease; and
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E. Any breach or default in performance of any obitgation or TEAM's part to
be performed under this Lease, whether before or during the Lease Term
or after its expiration or earlier termination.
F. 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 Lease until all claims against CITY involving any of
the indemnified matters are fully, finally, and absolutely barred by the
applicable statutes of limitations.
3. 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.
4. Prevent parents and swimmers from entering the pool office except in the case of
emergency or mutually agreed upon special events.
5. RENTAL
A. The TEAM will pay a monthly rental fee of $1660 (one- thousand six - hundred
sixty dollars), with the first payment due for the month of April, 2007 on April
15th.
B. The rental fee will be due and payable in full on the fifteenth (15th) of each month,
for the current month. Any unpaid rent will be considered delinquent if not paid
by this date.
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C. A security deposit in the amount of $1000 (one- Wousand dollars) will be
deposited with the CITY. This 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
6. Not allow anyone to use the pool other than for regular practices or competitions
without written approval of the CITY.
7. Adhere to all safety rules as set forth by the CITY for safe operation of the pool.
IT IS MUTUALLY AGREED THAT:
1. CITY may use the Honeybee Pool and Magnolia Pool during unscheduled TEAM
hours for city- sponsored events and programs without reimbursement or credit to the
TEAM.
2. 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 would be libel for any portion of the contract agreement
until the date of termination.
3. Failure of the TEAM to abide by any of the provisions of this Agreement will be
grounds for immediate cancellation and forfeiture of all moneys paid to date.
4. Upon the expiration of the rental term, this terms of this agreement will re- evaluated
and a new agreement may be created that is mutually agreeable to both parties.
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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:
City of Rohnert Park,
a Municipal Corporation
i
Mayor
Authorized by Resolution No.
Piranha Swim Team
IC
President
Authorized by Resolution No.
City Attorney
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EXHIBIT "A"
DATES AND HOURS OF POOL USE
HONEYBEE POOL
January 1 through February 11, 2007 and January 1 through February 10, 2008
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
February 12 through May 13, 2007 and February 11 through May 11, 2007
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 through June 10, 2007 and May 12 through June 15, 2008
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 May 14 -25 from
4:00 pm — 5:00 pm
June 11 through August 6, 2007 and June 16 through August 4, 2008
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 Shared with Lap Swim at 6:30 pm
August 7 through December 31, 2007 and August 5 through December 31, 2008
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
MAGNOLIA POOL
June 18, 2007 through August 17, 2007 and June 16, 2008 through August 14, 2008
Mon. — Fri. 5:15 pm -7:30 pm All lanes
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