Loading...
2006/10/24 City Council ResolutionRESOLUTION NO. 2006- 253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A LEASE AGREEMENT WITH NEIGHBORS ORGANIZED AGAINST HUNGER ( "NOAH ") FOOD BANK FOR USE OF CITY FACILITIES WHEREAS, the City Council of the City of Rohnert Park desires, in order to serve the public purpose, 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 Neighbors Organized Against Hunger 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 24th day of October, 2006. ATTEST: City Clerk CITY OF ROHNERT PARK Tim Smith BREEZE: An FLORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE SMITH: AYE AYES: (s) NOES: (0) ABSENT: (0) ABSTAIN: (o) LEASE AGREEMENT BETWEEN NEIGHBORS ORGANIZED AGAINST HUNGER (NOAH) 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 Neighbors Organized Against Hunger (NOAH), anon -profit organization (hereafter referred to as "Tenant "), and is effective as of , 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, that certain front portion of the building, defined as the two rooms next to the front door and the entrance, located in the building owned by City on certain real property situated in the County of Sonoma, State of California, commonly known as the Southwest Boulevard Fire Station and located at 435 Southwest Boulevard, Rohnert Park (the "Premises ").. The Tenant is not to have any use of the fire bay or any other areas of the building that is not intended for public access 3. Facilities and Services. 3.1 Facilities. In addition to the Premises, Landlord hereby provides the use of the following facilities ( "Facilities "): restrooms, parking spaces, kitchen, and storage. 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 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. 7. Use. 7.1 Time and Purpose. Tenant shall use the Premises for the sole purpose of food distribution and only during the hours of 12:00 p.m. and 7:00 p.m. on Wednesdays. Tenant may, however, store food on the Premises in connection with the weekly distribution. Tenant shall not use the Premises for any other purposes or at any other time without first obtaining the City's written or verbal consent. 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 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 damages arising out of the performance of this Lease, to the extent such liability, lass, expense, attorney's 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 anyyof 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. 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. 2 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. The parties hereto have executed the Lease at the place and on the dates specified immediately adjacent to their respective signatures. LANDLORD: Executed at , on Address: 6750 Commerce Blvd. Rohnert Park, CA 94928 Approve "s to form: y Attorne TENANT: Executed at on CITY OF ROHNERT PARK Name and Title: Stephen R. Donley City Manager Per Resolution No. 2006 -253 adopted by the City Council on October 24, 2006 Attest: City Clerk NOAH Address: Name and Title .; ;_ 3