2016/05/10 City Council Resolution 2016-41RESOLUTION NO. 2016-41
A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND
REBUILDING TOGETHER, ROHNERT PARK, INC. FOR THE USE OF
THE ROHNERT PARK SENIOR CENTER
WHEREAS, the City of Rohnert Park ("City") owns and operates the Rohnert
Park Senior Center ("Senior Center") for the benefit of the community and to enhance the
quality of living of citizens, particularly senior citizens, in Rohnert Park; and
WHEREAS, bingo games have been conducted at the Senior Center for over ten
years, providing a valuable social activity that enhances the lives and increases the
vitality of its participants through social interaction; and
WHEREAS, Rebuilding Together, Rohnert Park Inc., ("Rebuilding Together")
has successfully conducted bingo games for many years at the Senior Center averaging
50 — 80 participants per week; and
WHEREAS, Rebuilding Together's activities help support the quality of life
among Rohnert Park's low income home owners, many of whom are seniors, by
providing home repairs so people can remain safely in their homes; and
WHEREAS, the Senior Center and Rebuilding Together will benefit from the
operation of bingo games at the Senior Center;
NOW, THEREFORE, the City Council of the City of Rohnert Park hereby
resolves, determines, finds, and orders as follows:
SECTION 1. Approval of Rental Agreement. The City Council authorizes and
approves that certain rental agreement between the City and Rebuilding Together, in
substantially similar form to Tx1iibil A which is attaciied hereto and incorporated by this
reference ("Rental Agreement"), subject to minor modification by the City Manager or
City Attorney; and
SECTION 2. Effectuation. The City Manager is hereby authorized and directed
to take all actions necessary to execute and administer the Rental Agreement for and on
behalf of the City.
2016-41
DULY AND REGULARLY ADOPTED this 10"' day of May, 2016.
CITY OF ROHNERT PARK
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ATTEST:
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Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A
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Exhibit A to Resolution
RENTAL AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND
REBUILDING TOGETHER, ROHNERT PARK, INC.
FOR THE USE OF ROHNERT PARK SENIOR CENTER
This rental agreement ("Agreement") is made and entered into as of this _ day of ,
2016, by and between the City of Rohnert Park, a municipal corporation ("City"), and
Rebuilding Together, Rohnert Park, Inc., a nonprofit corporation, ("Rebuilding Together")
(collectively, "Parties").
I. GENERAL RECITALS
A. The City owns the Rohnert Park Senior Center ("Senior Center" or "Premises"),
located at 6800 Hunter Dr., Rohnert Park, CA 94928, which is available for the use of
the citizens and organized groups of Rohnert Park.
B. Rebuilding Together is a nonprofit group dedicated to renovating the homes of low-
income elderly homeowners and community centers throughout Rohnert Park and
Cotati.
C. Rebuilding Together desires to lease the Senior Center from the City and the City
desires to lease the Senior Center to Rebuilding Together for use as a venue for
Rebuilding Together's activities for senior citizens, including operating weekly bingo
games for charity, conditioned upon the terms herein.
D. Rebuilding Together is currently in arrears to the City $2,600 for past services
rendered ("Debt").
E. The City desires to maximize the use of the Senior Center to provide safe and
beneficial programs and activities for the community.
F. The City often collaborates with other community groups for the greater good of the
Community by entering into co-sponsorship to support valued activities in the
community.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the City and Rebuilding Together hereby agree as follows:
II. CITY AGREES TO LEASE PREMISES AS FOLLOWS:
1. The City shall allow Rebuilding Together access to the Senior Center for three years
following the execution of this Agreement, subject to the terms and conditions
contained herein.
2. The City shall allow Rebuilding Together access to the Senior Center as follows:
A. During Rental Hours, as defined in Section I1.2.13, Rebuilding Together's
access shall be limited to use of the
1, Activity Room for hosting activities for seniors, including
operating bingo games for charity, as defined by Rohnert Park
Municipal Code 9.66.010(A), as well as for publicizing
Rebuilding Together's services and volunteer opportunities;
2. Kitchen for preparing related concessions;
3. Reasonable use of the bathrooms.
B. The City shall book the Activity Room for Rebuilding Together's use every
Friday from 2:00 pm until 11:00 pm, except that for Fridays in February,
March and April the City shall book the Activity Room from 2:30 pm to 11:00
pm ("Rental Hours").
C. The City shall unlock the Activity Room for Rebuilding Together upon
request at any time during Rental Hours. At the conclusion of Rental Hours,
the City shall lock up the Activity Room.
D. Outside of Rental Hours, Rebuilding Together shall also have access to the
Activity Room for use as a meeting space for up to three hours up to once per
month upon reasonable notice to the Senior Center staff.
E. The City shall allow Rebuilding Together to store the equipment described in
Attachment A in the storage room located within Suite C of the Senior Center
("Suite C"). The City shall not be liable for any damage to or loss of
equipment stored in Suite C.
1. Rebuilding Together shall store the equipment in a manner that
allows Senior Center staff a pathway to the maintenance
equipment stored in Suite C.
2. In addition to the equipment described in Attachment A,
Rebuilding Together shall have access to the shelving in Suite
C for storage of boxes and miscellaneous equipment, except
that access to top shelf not allowed.
3. The City shall maintain the Activity Room, Kitchen, and Bathrooms in a reasonable
manner that will permit the conduct of bingo games, including stocking the
bathrooms with paper products.
4. The City shall allow Rebuilding Together reasonable use of the Senior Center's
public announcement system; tables and chairs; and kitchen supplies and equipment
during Rental Hours. Rebuilding Together shall provide its own microphone for the
public announcement system.
5. The City shall bear no responsibility for setting up or taking down any equipment, or
for operating the bingo games.
III. REBUILDING TOGETHER AGREES TO:
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1. Use the Premises solely and exclusively for purposes and in the manner stated in
Section II.2.
2. Use of the Premises in a manner that complies with all applicable federal, state and
local laws, statutes, ordinances, codes and regulations, including, in conducting bingo
games, compliance with California Penal Code Section 326.5 and Chapter 9.66.010 et
seq. of the Rohnert Park Municipal Code, as those provisions may be amended from
time to time. This includes, but is not limited to:
A. Maintaining its status as a non-profit tax-exempt corporation under the laws of
the state of California.
B. Conducting activities on the Premises, including but not limited to bingo
games for charity, that are open to the public regardless of membership in
Rebuilding Together.
C. Conducting its conducting activities on the Premises, including but not limited
to its bingo games for charity, in a manner that is free from discrimination
against, or segregation of any person, or group of persons on account of race,
color, creed, religion, sex, marital status, national origin, ancestry, age or
disability.
3. Maintain the Premises and conduct its bingo games in a manner satisfactory to the
City which includes, but is not limited to:
A. Covering tables before use;
B. Cleaning up the Activity Room and Kitchen after use and within Rental
Hours;
C. Storing all equipment, including but not limited to microphones and bingo
equipment, provided either by Rebuilding Together or the City, after use;
D. Obtaining permission from Senior Center staff prior to moving any furniture,
equipment or instruments in the Activity Room, not including tables and
chairs. Rebuilding Together shall be liable for any damage to equipment,
furniture or instruments moved without permission from Senior Center Staff.
E. Not altering, adding, or improving the Premises in any way without the prior
written consent of the City Manager.
4. Pay a monthly rental fee of $1 (one dollar). The nominal rental fee reflects that the
fair -market value of the rent of the Senior Center during the Rental Hours is less than
the value to the City of the senior citizen activities and other services to be provided
or financed by Rebuilding Together using the proceeds of the bingo games.
A. The rental fee will be due and payable in full on the fifth (5"') of each month,
for the current month. Any unpaid rent will be considered delinquent if not
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paid by this date.
B. A security deposit in the amount of $1,500 (one thousand, five hundred
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
Rebuilding Together.
C. Rental Payments will be submitted to:
City of Rohnert Park
Accounts Receivable
130 Avram Avenue
Rohnert Park, CA 94928
Make donations to the Senior Center, to be used for charitable purposes, including
programming for senior citizens, as follows:
A. For the first six months of the Agreement, the first $1,000 (one thousand
dollars) of each month's Proceeds, as defined in Rohnert Park Municipal Code
9.66.010(E), after deduction of prizes.
B. For the second six months of the Agreement, the first $1,200 (one thousand
two hundred dollars) of each month's Proceeds, after the deduction of prizes.
C. Thereafter the first $1,400 (one thousand four hundred dollars) of each
month's Proceeds, after the deduction of prizes.
D. An additional $250 (two hundred fifty dollars) of each month's Proceeds for
the first twelve payments, which shall constitute satisfaction of the Debt. If
either Party terminates the lease prior to one year or twelve payments,
whichever comes first, the Debt shall become immediately due less $250 (two
hundred fifty dollars) for each payment made.
Rebuilding Together shall make this payment in full on the fifth (5'h) of each month
for the previous month.
Defend, indemnify, and hold harmless the City and City's officers, officials,
employees and agents, at Rebuilding Together's sole expense and with counsel
reasonably acceptable to the City, 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 Agreement, the tenancy created under this Agreement, including
without limitation:
A. The use or occupancy, or manner of use or occupancy, of the Senior
Center by Rebuilding Together;
B. Any act, error, omission, or negligence of Rebuilding Together or of any
subtenant, invitee, guest, contractor or licensee of Rebuilding Together- or
any subtenant in, on or about the Premises;
C. Rebuilding Together's conducting of its business;
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D. Any alterations, activities, work, or things done, omitted, permitted,
allowed, or suffered by Rebuilding Together in, at, or about the Senior
Center, including the violation of or failure to comply with any applicable
laws, statues, ordinances, standards, rules, regulations, orders, decrees, or
J udgments in existence on the Agreement commencement date or enacted,
promulgated, or issued after the date of this Agreement; and
E. Any breach or default in performance of any obligation on Rebuilding
Together's part to be performed under this Agreement, whether before or
during the Agreement 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.
Rebuilding Together's indemnification obligation hereunder shall survive the
expiration or earlier termination of this Agreement until all claims against the
City involving any of the indemnified matters are fully, finally, and absolutely
barred by the applicable statutes of limitations.
8. Maintain insurance coverage at all times during the term of this Agreement as
follows:
A. Liability Insurance: Comprehensive general liability insurance with the
following minimum limits:
$2,000,000 per occurrence
$4,000,000 annual aggregate
$4,000,000 umbrella coverage
Rebuilding Together 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. Rebuilding
Together's insurance shall be primary as to liability arising from its use of the
City's facilities. Rebuilding Together 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. Workers Compensation Insurance: Rebuilding Together shall maintain Workers
Compensation Insurance for its employees as required by State law.
k,
IV. IT IS MUTUALLY AGREED THAT:
1. Termination Without Cause - 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, Rebuilding Together shall be
liable for any portion of the Agreement until the date of termination.
2. Termination For Cause - Failure of Rebuilding Together to abide by any of the
provisions of this Agreement will be grounds for immediate cancellation and
forfeiture of all moneys paid to date. Rebuilding Together shall remain liable for any
payments described in Section III.5 from bingo games hosted prior to cancellation.
Renewal — Sixty (60) days prior to the expiration of the rental term, the Parties shall
meet to reevaluate the terms of this Agreement. If both Parties agree in writing, this
lease shall be renewed on the same terms for an additional two years, except that if
Rebuilding Together has made twelve payments under Section III.5.A, no further
payments under Section III.5.A shall be required. A new agreement may be created
with the written consent of both Parties.
4. Time - Time is of the essence of each provision of this Agreement.
5. Severability - The Parties intend this Agreement to be legally valid and enforceable in
accordance with all of its terms to the fullest extent permitted by law. If an arbitrator
or a court of competent jurisdiction holds any provision hereof to be invalid or
unenforceable in whole or in part for any reason, the validity and enforceability of the
remaining clauses, or portions of them, shall not be affected unless an essential
purpose of this Agreement would be defeated by loss of the invalid or unenforceable
provision.
6. Govern n,g,Law, Venue: Constriction - This Agreement shall be construed according
to the laws of the State of California without regard to principles of conflict of laws.
Any action or proceeding that relates to, or arises from, this Agreement shall be
brought in a state court of competent jurisdiction located in Sonoma County. The
captions used for the Sections and Articles of this Agreement have been inserted for
convenience only and shall not be used to alter or interpret the content of this
Agreement.
7. Entire Agreement; Amendments - This Agreement and Attachment A attached hereto
and incorporated herein by this reference, constitutes the final, complete, and
exclusive statement of the terms of the agreement between the City and Rebuilding
Together pertaining to the lease of the Senior Center and supersedes all prior and
contemporaneous understandings or agreements of the Parties. This Agreement may
not be amended or modified except in a writing signed by both Parties.
Counterparts - This Agreement may be executed in counterparts, each of which shall
constitute an original, and all of which together shall constitute one and the same
instrument. The signature page of any counterpart may be detached there from
without impairing the legal effect of the signature(s) thereon provided such signature
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page is attached to any other counterpart identical thereto except having additional
signature pages executed by any other party. This Agreement shall take effect when
signed by all Parties.
[Signatures on following page]
F
IN WITNESS WHEREOF, the Parties hereto have affixed their names and seals of day and
year first above written.
Date:
Date:
City of Rohnert Park,
a Municipal Corporation
0
City Manager
Authorized by Resolution No.
RebUildHig Together; Rohnert. Park, Inc.
By:
President
Atttliorized by Resolution No.
Approved as to form by:
City Attorney
E:3
Attachment A
RENTAL AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND
REBUILDING TOGETHER, ROHNERT PARK, INC.
FOR THE USE OF ROHNERT PARK SENIOR CENTER
4 — TV Stands
3 — Rolling Carts
1 - Ball Machine
1 - Light Board
2 — TV's on room floor
2 — 3' tables
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