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2006/08/22 City Council ResolutionRESOLUTION NO. 2006- 213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A LEASE AGREEMENT WITH REDWOOD EMPIRE FOOD BANK FOR USE OF CITY FACILITIES WHEREAS, the City Council of the City of Rohnert Park desires to assist local food banks in providing food distribution services to residents of Rohnert Park by allowing the use of City facilities for services associated with the food distribution; and WHEREAS, a Lease Agreement has been prepared which defines the terms associated with the use of the City facilities. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve a Lease Agreement by and between the Redwood Empire Food Bank, a non -profit organization, and the City of Rohnert Park, a municipal corporation, for use of City of Rohnert Park facilities associated with food bank services. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 22nd day of August, 2006. CITY OF ROHNERT PARK Mayor ATTEST: BREEZE: AYE FLORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE SMITH: AYE AYES; (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) LEASE AGREEMENT BETWEEN REDWOOD EMPIRE FOOD BANK AND CITY OF ROHNERT PARK 1. Parties. This Lease Agreement (the "Lease ") is made and entered into by and between THE CITY OF ROHNERT PARK, a California municipal corporation (hereafter referred to as "Landlord" or "City ") and REDWOOD EMPIRE FOOD BANK, a non -profit organization (hereafter referred to as "Tenant "), and is effective as of August 22 , 2006 (the "Effective Date "). 2. Premises. City hereby leases to Tenant and Tenant leases from City for the Term (as defined in Section 4), at the Rent (as defined in Section 5), and upon all of the conditions set forth herein, the following locations, each owned by City and situated in the County of Sonoma, State of California (collectively, the "Premises "): 2.1 Location A. Meeting Room 2 and Multi Use Room, located in the Rohnert Park Community Center with a street address of 5400 Snyder Lane, Rohnert Park ( "Community Center "). 2.2 Location B. Dining Site, located in the Rohnert Park Senior Center with a street address of 6800 Hunter Drive, Rohnert Park ( "Senior Center "). Facilities and Services. 3.1 Facilities. In addition to the Premises, Landlord hereby provides the use of the following facilities for each location ( "Facilities "): restrooms and parking spaces. 3.2 Services. City shall provide Tenant with gas, electricity, water and garbage for the Premises. 4. Term. The term of this Lease shall run indefinitely (the "Term "). However, either party may provide 90 days notice of its intent to terminate this Lease as to one or more locations at any time. 5. Rent. Tenant shall pay to City as rent for the Premises, use of the Facilities and provision of Services, the sum of One Dollar ($1.00 ) per year, payable in advance on the first day of June of each year. 6. Care of Premises. Tenant accepts the Premises in their present condition, as -is. Tenant shall maintain Premises in broom -clean condition during the entire Term of the Lease. Use. 7.1 Time and Purpose. Tenant shall use the Premises for food distribution purposes only during the hours set forth below. Tenant shall not use the Premises for any other purposes 923784v 1 80078/0012 or at any other time without first obtaining the City's written consent 7. 1.1 Tenant shall use Meeting Room 2 of the Community Center during the hours of 10:00 a.m. and 1:00 p.m. on the 2nd Wednesday of each month. 7.1.2 Tenant shall use the Senior Center's Dining Site during the hours of 8:00 a.m. and 10:00 a.m. on the 2nd Wednesday of each month. 7.1.3 Tenant shall use the Multi Use Room of the Community Center during the hours of 9:00 a.m. and 1:00 p.m. on the 4th Wednesday of each month. 7.2 Lawful Uses. Tenant, in its use of the Premises, shall comply with any and all applicable local, state and/or federal ordinances, laws and regulations. 8. Insurance. Tenant shall, at Tenant's expense, carry and maintain general liability and property damage insurance with aggregate limits on an occurrence basis in the amount of $1,000,000. The 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. In addition, Tenant shall carry and maintain workers' compensation insurance to the extent required by law. Tenant, 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 Lease. 9. Indemnity. Tenant 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 damage_ s arising out of the performance of this Lease, to the extent such liability, loss, expense, attorneys' fees, or claims for injury damages are caused by or resulting from the negligent or intentional acts or omissions of Tenant, its officers, employees, or agents. 10. Assignment and Subletting. Tenant shall not assign, mortgage, sublet, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or in the Premises. Any attempted assignment, transfer, mortgage, encumbrance or subletting shall be void, and shall constitute a breach of this Lease. 11. Tenant's Default; Landlord's Remedies. If Tenant at any time is in default in the keeping and performing of any of its covenants or agreements herein contained, and such default continues for thirty (30) days after written notice thereof from the City to Tenant specifying the particulars of such default, or if such other default is of a nature that curing such default will take more than thirty (30) days and Tenant has failed to commence such cure within such thirty (30) days and to thereafter diligently pursue completion of such cure, Tenant 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 Lease by giving Tenant notice of termination. 2 923784v 1 80078/0012 Any holdover by Tenant after the expiration of the Lease shall be considered a month -to -month tenancy, subject to all the covenants, conditions, and obligations contained in this Lease. 12. 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. 13. Time of Essence. Time is of the essence. 14. 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. 15. 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. 16. 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 Tenant or to City at the address noted below the signature of the respective parties. 17. 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 hereunder by City shall not be a waiver of any preceding breach by Tenant of any provision hereof. 18. Governing Law. This Lease shall be governed by the laws of the State of California. 19. 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. 20. Counterparts. This Lease 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. [Remainder of Page Intentionally Left Blank] 9237840 80078/0012 The parties hereto have executed the Lease at the place and on the dates specified immediately adjacent to their respective signatures. LANDLORD: CITY OF ROHNERT PARK Executed at City Hall , on August 8. 2006 Address: 6750 Commerce Blvd. Stephen R. Donley City Manager Rohnert Park, CA 94928 Name and Title Per Reso. No. 2006-2-1-3 adopted by council on 8 06. TENANT: TD E PI OD BANK Executed at � Ald?� p��C i "�` AlAuS_t ) ZOVU Address: 332.0 Jam- h- 1 A I VC, b6mt v 'SO 4A." kOSc; 9 5Y 0 3 Name and Title Attest: Deputy City Clerk Approved as to form: City Attorney 4 923784v 1 80078/0012 J4/20/2006 05:17 707 -5 3451 GAFFNEY & CO INS. PAGE 02 Policy Number: Date Entered: 9/16/2003 � � QATE(mmmo YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/20/2006 PRODUCER GENE GAFFNEY INSURANCE SERVICES, INC.' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOI P. 0. Box' 1964 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Santa Rota, CA, 95402 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND Of ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW (707) 545 -41409 INSURERS AFFORDING COVERAGE NAIL# INSURED REDWOOD EMPIRE FOOD BANK. 0320 INInUSTRIA14 DRIVE SANTA POSA, CA 95403 INSURERAPHILADELPHIA INS, CO. INSURER B' INSURER C: I I I INSURER E: C40VERAGES THE POLICIES OF IN$QPANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RECUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ] T ADD' POUOY NUmam POLICY EFFECTIVE - POLICY EXPIRATION LIMITS EACH OCCURRENCE _ s 1,000, 000 ORNERA. LIASIUTY A COMMERCLALGENERrrA��--L--yyLIABILITY f CLAIMS141ADE 1,-\l OCCUR P14P1.K1,42643 12/1/2005 1211%2006 P MI E Eaotcur t1e s 100,000 IVIED EXP (Anyone person) 5,000 PERSONAL a ADV INJURY $1,000,000 GENERALAGGREGATS S 3,o 00, 000 GEN'LAGGREGATE LIMITAPPLIES PER' PRO- I 1 POLICY j LOC PRODUCTS - COMWOFAGG O r 000, 000 I AUTOMOBILE LIABILITY ANY AUTO I I CON421NPD $INGLE LIMIT I�(Ea �4cx 1dom) t ! I I I i ALL GV�,TIEO AU —10S SCHEDULED AiJTO3 �j H!REO AUTOS NGN- i11'v} Fq aii ?'Cz: I ! i EOI DILY INJURY iffier par;oni j R4C'ILY IIJdt,1Ry L_ �(Peretcidamt) �PROPERTY DAMAGE (For awloenl) ' — -- - — - -- I I sAPAC: LIABIia i r AUTO ONLY - EA ACCID =NT $ OTHER THAN EA ACC AUTO ONLY: AGG �_ S ANY AUTQ i S A i EXOES$ /QMSRELLA 41ASILrrY OCCUR �OLAIM3MADE PHUB053709 12///21705 12/1/2006 EACH OCCURRENCE S 2, ()00, 000 AGGREGATE $2,000,000 $ I $ DEDUCTtSf FE RETENTION $10,00o $ ! i WORKERSCOYPENSATIONAND UMPLOYERS' LIABILITY V1 $'I'A'rV- O E.L. EACH ACCIDENT $ ANY PROPRIET QRIPARTNERJEXECtJTIVE OFFICER /MEMl3EREXCWDE07 I EsCdWoL cPRibOo VuBodIOor N6 ooIw E.LDISEASE - EAEMPLOYEE $ E. L, 0I$EASE - PQLICY WIVI T - $ OTHER Dgys NOti�e of Canoe at�on .or Q Premi= The Certificate Holder, its Officials, Officers, Employees and 'Volunteers Aro Included as Additional Insureds per the attached to=, CERTIMATE HOLDER CANCELLATION of �arnaxt kark T SHOULD ANY OF THG ABOVE I]ESCRIBSb POLICIES BE CANCELLED BEFORE THE EXPIRATION 6750 h© City DATE THEREOF, THE ISSUING INSURER WILL ENOGAVOR TO MNL30* bAYS WIVTT�N ohr r,c Park, (OA l 4�xd NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 30 SHALL Rohnerk Park, Gt# 94926 IMPOSE NO 06LIGAYION OR LIABILITY OF ANY KtNQ UPON THE INSURER, ITS AGENTS OR A-ttm'Can Ella, Ao>}:ixncr g P-gdo,,,, REPREBENTAT7V7;$, AUTHORIZED RGPRGSENTATIVG ACOR6 2S (2001108) ACCIRD CORPORATION 1988 WC000001A Virginia Surety Company Inc A STOCK COMPANY 1000 MILWAUKEE AVE. GLENVIEW , IL -60025 ORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY INFORMATION PAGE ,t No: 19879 Policy No : VSQSWP 0001755 01 ew No.: VSQSWP 0001755 01 SIC Code: Renewal of Policy No.: VSQSWP 0001755 00 State Unemployment T.D. No. or Identifying Number as Required: 1, Insured: REDWOOD EMPIRE FOOD. BANK Mailing 3320 INDUSTRIAL DRIVE Address: SANTA ROSA, CA. 95403 Ownership Type: Corporation Other workplace not shown above: FEIN :68- 0121855 Producer: ILLINOIS MIDWEST INSURANCE AGENCY, LLC. Mailing 650 TOWN CENTER DRIVE Address: SUITE 655 COSTA MESA; CA, 92626 DBA Name: 2. The policy period: The policy is from 07/01/2006 To 07/01/2007 12:01 A.M Standard Time, at the insured's mailing address. 3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states Listed here: California B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Itet The limits of the liability under Part Two are : Bodily Injury by Accident S 1.000,000 Bodily Injury by Disease S 1,000,000 Bodily Injury by Disease $ 1.000,000 C. Other States Insurance: Part 7111 ee of the policy applies to the states, if any, listed here: All States Except North Dakota. Ohio . Washington, -West Virginia, Wyomine D. This policy includes these endorsements and schedules: WC 00 00 00 A WC Ci0 00 ii I A 'A" 00 0l 1 WC 00 04 06 .A \v C 00 04 22 WC040360A ',VC040407 WC040601 A WCCPGS n 3. A. each accident policy limit each employee WC 04 0 3 i)1 , �V(` 04 03 10 4. The premium for this policy will be determined by our Manuals of Rules, Classification , Rates and Rating Plans. All information required below is subject to verification and change by audit. Classifications Code N . Premium Basis Rate Per Estimated Total Estimated SI00 of Amoral ,ATURIal Remtmeration Renitineration Premium Please see Attached Schedule It Indicated below, Interim Adjustements of Premium shall be made O Annually Se Annually Quarterly Monthly 0 mi Deposit Premium Issuing Office: V SC'- WC -IP -8/03 l U R r)'s ropy Countersigned by: Total - tanual Premium 29,2J7 9898 Experience Modification Premium 2,633 9887 Schedule Rating Premium -4,783 Total Standard Premium 27,107 0063 Premium Discount -2,410 0900 Expense Constant 260 9740 Foreign Terrorism Premium 271 Estimated Annual Premium 25,228 9695 California Guarantee Fund Assessment 505 9681 California Fraud Surcharge Assessment 21 9682 California Workers' Compensation Admin Fund Assessment 99 9700 California Uninsured Employer's Benefits Fund Assessment 20 9701 California Subsequent Injury Benefits Trust Fund Assessment 9 Total .Amount Due 25,882 It Indicated below, Interim Adjustements of Premium shall be made O Annually Se Annually Quarterly Monthly 0 mi Deposit Premium Issuing Office: V SC'- WC -IP -8/03 l U R r)'s ropy Countersigned by: Company: Virginia Surety Company. Policy Period: 07/01/2006 To 07/01/2007 Endorsement No.: ATTACHED TO AND ENDORSEMENT EFFECTIVE INSURED FORMING A PART OF POLICY NUMBER (Standard Time) REDWOOD EMPIRE FOOD BANK Month /Day /Year 12:01 Noon PRODUCER AND CODE VSQSWP 0001755 01 a.m. ILLINOIS MIDWEST INSURANCE 07/01/2006 (X) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE CANCELLATION PROVISION Part Six - Conditions, Item D. Cancellation, Number 2, is changed to read: 2. We may cancel this policy. We must mail or deliver to you not less than SIXTY (60) days advance written notice stating when the cancellation is to take effect, unless cancellation is for non - payment of premium, in which event our obligation is mailing not less than TEN (10) days prior to the effective date of cancellation, but never less than the number of days notice required under California law. Mailing notice to you at your mailing address shown in Item 1 on the Information Page will be sufficient to prove notice. N WC CPG 5 (3/02)