2006/08/22 City Council Resolution (2)RESOLUTION NO. 2006 - 214
A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AN EXTENSION TO THE LEASE AGREEMENT
WITH KONOCTI GIRL SCOUT COUNCIL
FOR USE OF THE SCOUT HUT
WHEREAS, the City executed a lease agreement with the Konocti Girl Scout Council
for use of the Scout Hut, which. was approved by Resolution. No. 88 -182; and
WHEREAS, several subsequent extensions have been provided to said agreement, the
last of which was approved by Resolution No. 2003 -185 dated August 12, 2003, which extended
the agreement for (3) one year periods, with the last one year period due to expire August 31,
2006, and
. WHEREAS, use of the Scout Hut by the Konocti Girl Scout Council has proven to be a
great asset to the community.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rohnert Park
that that certain lease agreement entitled "Lease Agreement for Use of the Scout Hut" dated
August 22, 2006 between the Konocti Girl Scout Council and the City of Rohnert Park; is hereby
extended for a three year period, effective immediately, and expiring August 31, 2009, and the
City Manager is authorized to execute this agreement on behalf of the City.
BE IT FURTHER RESOLVED that all terms and conditions as agreed to as of August
22, 2006 shall remain in effect.
DULY AND REGULARLY ADOPTED this 2P day of August, 2006.
ATTEST:
City Clerki�� -��i , '9
LlFoRtilN
BREEZE: AYE FLORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE SMITH: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
LEASE AGREEMENT BETWEEN THE CITY OF ROIINEItT PARK
AND THE KONOCTI GIRL SCOUT COUNCIL
FOR USE OF ROHNERT PARK SCOUT HUT
This LEASE AGREEMENT, hereafter referred to as "LEASE" made and entered into this
22'd day of August, 2006, by and between the City of Rohnert Park, a municipal corporation,
hereinafter referred to as "CITY" and Konocti Girl Scout Council, a non -profit organization,
hereafter referred to as " KONOCTI." KONOCTI shall lease from CITY the CITY facility most
commonly known as the "Scout Hut" located at 295 Santa Alicia Drive, Rohnert Park, CA,
WHEREAS, KONOCTI wishes to lease the Scout Hut from CITY.
WHEREAS, KONOCTI provides a valuable public service by providing our youth opportunities
to learn new skills, develop strong values and help their community.
WHEREAS, CITY wishes to lease the Scout Hut to KONOCTI in consideration of the valuable
public services provided by KONOCTI and KONOCTI's agreement to keep the Scout Hut in
good repair.
The parties agree as follows:
CITY agrees:
1. To lease the "Scout Hut' to KONOCTI at no cost for use of an office, training and
meeting facility.
2. To provide fire insurance for the structure only. No fire insurance is provided for
contents.
3. To repair at CITY's expense any major building repairs such as roof replacement,
furnace, structural work, etc. This does not include ordinary janitorial or routine
maintenance items.
KONOCTI agrees:
1. To pay all janitorial and maintenance costs of the Scout Hut,
2. To pay for all utilities, i.e., gas, electric, water, sewer and garbage. All utility accounts to
be put in KONOCTI's name and paid directly by KONOCTI.
3. To allow CITY use of the Scout Hut when KONOCTI activities are not using the facility.
KONOCTI agrees to coordinate use of the Scout Hut with a CITY representative.
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Lease Agreement for Use, zout Hut
4. Not to assign this agreement or any interest herein, or to let or sublet any portion of the
CITY provided facilities, without the written consent of CITY first having been obtained.
5. Not to conduct any other use at the CITY provided facilities other than Girl Scout
activities without the written consent of CITY having been obtained.
d. KONOCTI shall defend, indemnify, and hold CITY, 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
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
KONOCTI, its officers, employees, or agents.
7. KONOCTI 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 with the KONOCTI's operation and use of the leased premises. The cost of
such insurance shall be born by the KONOCTI.
Minimum Scope of insurance
Coverage shall be at least as broad as:
A. insurance Services Office Commercial General Liability coverage ("occurrence"
form CG 0001).
B. Workers' Compensation insurance as required by the State of California and
Employer's Liability insurance (for lessees with employees).
C. Property, insurance against all risks of loss to any tenant improvements or
betterments.
Minimum Limits of insurance
Lessee shall maintain limits no less than:
A. 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.
B. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
C. Property Insurance: Full replacement cost with no coinsurance penalty provision.
Deductibles and $elf In ed 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.
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Lease Agreement for Use of S,..,at Hut
Other Insurance Proviskom
The general liability policy is to contain, or be endorsed to contain, the following provisions:
A. 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.
B. 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.
C. 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.
D. 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
complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications at any time.
8. To keep CITY provided facilities free from any liens for non - payments for any goods,
services or improvements.
9. To continually inspect facilities provided by CITY for any unsafe or dangerous
conditions and to promptly notify CITY of any damaged or dangerous facilities or
equipment needing repair.
10. To pay before delinquency any and all personal property taxes and possessory interest
taxes levied against the demised premises and which result from this agreement.
11. To give a minimum of sixty (60) days prior written notification in the event KONOCTI
desires to discontinue use of the Scout Hut.
IT IS MUTUALLY AGREED and understood:
That the term of the agreement is for three (3) one (1) year terms. First year term is from
September 1, 2006 to August 31, 2007. Two (2) additional years, i.e., September 1, 2007
to August 31, 2008, and September 1, 2008 to August 31, 2009, will be authorized and
extended at the sole option of CITY. A written extension, if approved, will be provided
KONOCTI sixty (60) days in advance of expiration, i.e., by June 30a' of 2007 and 2008
respectively.
2. That this agreement can be extended for future years by mutual consent of both parties.
3. That this agreement may be modified with the mutual consent of both parties.
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Lease Agreement for Use �, ,cout Hut
4. That no alteration or variation of the terms of this agreement shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto.
S. If KONOCTI at any time is in default in the beeping and performing of any of its
covenants or agreements herein contained, and such default continues for thirty (30) days
after written notice thereof from CITY to KONOCTI 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 KONOCTI has failed to commence such cure within such thirty (30)
days and to thereafter diligently pursue completion of such cure, KONOCTI will be
considered in default. Upon the occurrence of any such default, CITY, in addition to any
and all other rights or remedies of CITY hereunder, or by law or in equity provided, shall
have the sole option to terminate this Lease by giving KONOCTI notice of termination.
6. That this agreement shall be binding upon and inure to the benefit of the successors and
assigns of the parties hereto.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. This Lease shall be governed by the laws of the State of California.
13. 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.
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Lease Agwment for Use of S,..,at Hut
14. 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.
15. That all notices to KONOCTI shall be addressed to it as:
Peggy Soberanis, Executive Director
Konocti Girl Scout Council
4825 Old Redwood Highway
Santa Rosa, CA 95403
16. That all notices to CITY shall be addressed to it as:
City Manager.
City of Rohnert Park
6750 Commerce Boulevard
Rohnert Park, CA 94928
IN WI'T'NESS WEREOF, the parties hereto hereunto fixed their names and agree to the terms of
this agreement this _ day of , 2006.
KONOCTI GIRL SCOUT COUNCIL
Executive Director
CITY OF ROHNERT PARK
A Municipal Corporation
By
City Manager Stephen R. Donley
Per Resolution No. 2006- 214 adopted by
the City Council on August 22, 2006
ATTEST:
City Clerk
Approved as to Form:
City Attorney
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