2016/09/13 City Council Resolution 2016-93RESOLUTION NO. 2016-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO EXECUTE A RENTAL AGREEMENT
WITH MYLES AHEAD, INC. FOR USE OF THE ACTIVITY ROOM LOCATED AT
THE CALLINAN SPORTS AND FITNESS CENTER
WHEREAS, the City of Rohnert Park ("City) owns the Callinan Sports and Fitness
Center ("Sports Center"), located at 5405 Snyder Lane, Rohnert Park, CA 94928; and
WHEREAS, the Activity Room, located in the Sports Center, is available for use; and
WHEREAS, the City desires to maximize the use of the Sports Center to provide
beneficial programs and activities for the community; and
WHEREAS, Myles Ahead is a professional fitness organization that offers group and
personalized training and coaching in Olympic weightlifting to athletes of all levels; and
WHEREAS, Myles Ahead desires to lease the Activity Room at the Sports Center for
use as a venue for Myles Ahead fitness training and coaching, and the City desires to lease the
Activity Room to Myles Ahead; and
WHEREAS, the Rental Agreement will be for a period of five (5) years with an option
to renew for an additional three (3) years; and
WHEREAS, Myles Ahead will pay the City a monthly base rent of six hundred dollars
($600); and
WHEREAS, Myles Ahead will pay the City fifteen percent (15%) of the gross receipts
received from fitness classes and coaching; and
WHEREAS, Myles Ahead will require its members to become members of the Sports
Center; and
WHEREAS, Myles Ahead will install appropriate flooring, purchase fitness equipment,
and clean, maintain and replace this equipment at the sole expense of Myles Ahead; and
WHEREAS, Myles Ahead will make the Activity Room and Olympic weightlifting
fitness equipment available when it is not in use for Myles Ahead activities; and
WHEREAS, Myles Ahead will provide instruction on the safe use of equipment in the
Activity Room to all interested members of the Sports Center and shall take all actions
reasonably necessary to prevent any member from using said equipment without having first
received such instruction; and
WHEREAS, the City Council has determined that the Rental Agreement would be
beneficial to the City by providing expanded fitness class variety to Sports Center members,
increased revenue to the Sports Center, and full utilization of the Activity Room.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rolmert
Park that it does hereby authorize and approve the Rental Agreement by and between Myles
Ahead, Inc., a corporation, and the City of Rohnert Park, a municipal corporation, for the
Activity Room at the City -owned Sports Center located at 5405 Snyder Lane in substantially
similar form as provided for in "Exhibit A," attached hereto and incorporated by this reference,
subject to minor modifications as approved by the City Attorney.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute all documents pertaining to the Rental Agreement for and on behalf of the
City of Rohnert Park and to take all action necessary or reasonably required to carry out, give
effect to, and/or consummate the transactions contemplated by this Resolution.
DULY AND REGULARLY ADOPTED this 13th day of September, 2016.
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2016-93
Exhibit A
RENTAL AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND MYLES
AHEAD FITNESS, INC. FOR THE USE OF THE ACTIVITY ROOM AT THE
CALLINAN SPORTS AND FITNESS CENTER
This rental agreement ("Agreement") is made and entered into as of this day of September,
2016, by and between the City of Rohnert Park, a municipal corporation ("City"), and Myles
Ahead Fitness, Inc., a corporation, ("Myles Ahead") (collectively, "Parties").
I. GENERAL RECITALS
A. The City owns the Callinan Sports and Fitness Center ("Sports Center" or "Premises"),
located at 5405 Snyder Lane, Rohnert Park, CA 94928, which is available for use by
residents and members. The Activity Room is an approximately 1500 square foot fitness
room located within the Sports Center, which is more particularly described in Exhibit A,
attached hereto ("Activity Room").
B. Myles Ahead is a professional fitness organization that offers group and personalized
training and coaching in Olympic Weightlifting to athletes of all levels.
C. Myles Ahead desires to rent the Activity Room at the Sports Center from the City and the
City desires to rent the Activity Room at the Sports Center for use as a venue for Myles
Ahead fitness training and coaching, conditioned upon the terms herein.
D. The City desires to maximize the use of the Sports Center to provide beneficial programs
and activities for the community.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the City and Myles Ahead hereby agree as follows:
II. CITY'S CONDITIONS.
The City hereby agrees to rent the Activity Center as follows
1. Term. The City shall allow Myles Ahead non-exclusive access to the Activity Room in
the Sports Center for five (5) years following the execution of this Agreement, with an
option to renew for an additional three (3) years, subject to the terms and conditions
contained herein.
2. Access. The City shall allow Myles Ahead access to the Sports Center and Activity
Room as follows:
A. Facilities and Use. During the Sports Center's hours of operation, City shall
allow Myles Ahead access to the following facilities and uses:
1. Use of the Activity Room for fitness training and coaching at those
times permitted under this Agreement;
2. Use of the Sports Center's parking facilities, locker rooms,
restrooms, and the outdoor area adjacent to the Activity Room by
Myles Ahead members and staff at those times and in conjunction
with fitness training and coaching programs.
3. Storage of necessary fitness equipment in the Activity Room to
carry out Myles Ahead's training and coaching programs. The City
shall not be liable for any damage to or loss of equipment stored in
the Activity Room or for any injuries resulting from the use and/or
storage of Myles Ahead's equipment.
B. Timing. The City shall give Myles Ahead access to the Activity Room at the
times specified below. Publicity. The City may publicize the availability of the
Myles Ahead fitness program at the Activity Room consistent with other publicity
provided for programs available at the Sports Center.
3. Maintenance. Except as otherwise provided for in this Agreement, the City shall be
responsible for providing janitorial service and maintenance for the Activity Room,
locker rooms, and restrooms.
4. Other Users. The City shalt manage the use of the Activity Room during times it is not
in use by Myles Ahead.
City Programming. The City shall not offer any competing Olympic weightlifting
programs at the Sports Center, with the exception of personal training.
III. MYLES AHEAD'S CONDITIONS.
Myles Ahead hereby agrees to rent the Activity Center on the following conditions:
1. Instruction and Instructors.
A. Myles Ahead hereby certifies that the instructors or representatives of Myles
Ahead who will be providing the fitness training and coaching are qualified to do
so and qualified to perform the services described herein and in the program.
Myles Ahead warrants that it will continuously furnish the necessary personnel to
provide the programs contemplated by this Agreement. Myles Ahead shall
provide the City with the names and contact information of all representatives
who will be providing services pursuant to this Agreement. All representatives
must demonstrate compliance with applicable safety measures such as undergoing
background checks and fingerprint analysis and providing proof of legal right to
work in the United States.
B. Myles Ahead shall be responsible for all program curriculum development and all
training, supervising, evaluating, scheduling and any other requirements by law
for itself and its representatives. Myles Ahead shall determine the minimum and
maximum number of participants required for each program to ensure the quality
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and safety of its participants. Myles Ahead shall provide instruction on the safe
use of equipment in the Activity Room to all interested members of the Sports
Center and shall take all actions reasonably necessary to prevent any member
from using said equipment without having first received such instruction.
C. Myles Ahead shall cooperate fully with all reasonable requests from City staff and
maintain the highest degree of participant safety possible. Myles Ahead shall
immediately report to the City any injuries as a result of participation in Myles
Ahead programs. Myles Ahead shall ensure that any music, sound system, or
other noise associated with Myles Ahead's fitness programming is kept at levels
that will not interfere with other classes or create a public disturbance/nuisance.
2. Facilities and Use.
A. During the Sport Center's hours of operation, Myles Ahead shall use the Sport
Center and Activity Center solely and exclusively for purposes and in the manner
consistent with the conditions of this Agreement.
B. Myles Ahead shall at all times exercise due care and consideration in accessing
and using the facilities and provide the services in the manner and according to
the standards observed by a competent practitioner of the profession in which
Myles Ahead is engaged in.
C. Myles Ahead agrees to accept the Premises and the Activity Center in its "AS -IS"
condition "WITH ALL FAULTS." The City assumes no responsibility for loss or
damage to the property of the Myles Ahead.
D. Myles Ahead agrees to comply with all applicable City policies and procedures
relating to the use and operation of the Premises, as may be amended from time to
time.
E. Myles Ahead shall require all members of Myles Ahead to purchase memberships
to the Sports Center.
3. Scheduling.
A. Myles Ahead shall provide the City with a quarterly schedule of the use of the
Activity Room by Myles Ahead. This schedule shall be delivered to the City by
the fifteenth (15th) of the month preceding the first month of the quarterly
schedule (i.e. schedule for October — December would be due September 15th)
Myles Ahead shall have access to the Activity Room during the scheduled times,
which shall start and end promptly as specified. Set-up and clean-up must be
performed within the time period(s) indicated.
B. Myles Ahead shall have first priority to access the Activity Room at other times,
provided that Myles Ahead gives the City at least forty eight (48) hours advanced
notice of the time and date of such use and there is no scheduling conflict, as
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determined by the City in its sole and exclusive discretion.
C. For those times Myles Ahead has not provided 48 hours advanced notice, the City
shall have first consideration for the use of the Activity Room, and Myles Ahead
shall not engage in activities that affect the City's access to the Activity Room at
those times.
D. If Myles Ahead determines it will be unable to use the Activity Room during the
scheduled date/time for any reason, Myles Ahead agrees to give immediate notice
of such determination to facilitate alternative uses by the City.
4. Supplies/Equipment.
A. Myles Ahead shall be responsible for providing all supplies, equipment,
personnel, materials and publicity desired for the programming at Myles Ahead's
sole expense.
B. With the permission of the City and approval, Myles Ahead may make
improvements to the Activity Room, including but not limited to, installing
appropriate flooring and equipment for fitness training and coaching at the sole
expense of Myles Ahead. Any fixtures installed in the Activity Room shall
become the property of the City at the termination of this Agreement. Any fitness
equipment purchased by Myles Ahead shall be the property of Myles Ahead and
shall remain the property of Myles Ahead at the termination of this Agreement.
C. Myles Ahead shall maintain and replace equipment at the sole expense of Myles
Ahead in order to ensure the safety of Myles Ahead class and coaching
participants and other members of the Sports Center.
5. Maintenance. Myles Ahead shall maintain the Premises and Activity Center and conduct
its classes and coaching in a manner satisfactory to the City which includes, but is not
limited to:
A. Tidying the Activity Room after use;
B. Maintaining and storing fitness equipment in a safe and responsible manner;
C. Cleaning fitness equipment for proper sanitation;
D. Making the Activity Room available to properly trained Sports Center members
when not in use by Myles Ahead. Access to the Activity Room may be restricted
by use of a key pad or other means, in which case, Myles Ahead shall take all
actions reasonably necessary to ensure access to the Activity Center is restricted
to only those members who are properly trained to use the equipment;
E. Not altering, adding, or improving the Premises in any way without the prior
written consent of the City Manager;
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F. Not subletting the Activity Room without prior written consent of the City
Manager.
Without limiting the generality of the foregoing, Myles Ahead shall:
G. Reimburse City for the cost of repairing or replacing any breakage, damage, or
loss of the City's property, regardless of whether or not such loss is caused by a
person or persons who officially belong to Myles Ahead's group or organization.
Cost shall be established by the City and shall be paid by Myles Ahead within ten
(10) days following City's demand therefor.
H. Observe the ordinary rules of cleanliness and shall not leave any portion of the
Activity Center or the Premises littered with paper or trash. If litter or garbage is
left in the Activity Center or Premises or is otherwise left in an unsanitary
condition, Myles Ahead will be invoiced for paying all costs necessary to clean
the facilities and Myles Ahead will promptly pay any such invoices within ten
(10) days following City's demand therefor.
I. Comply with all security procedures after use (turn off lights, lock doors, etc.) and
parking arrangements. Myles Ahead assumes responsibility for any loss arising
from or related to failure to meet such obligations.
6. Consideration. hi consideration of the rights and privileges granted to Myles Ahead by
City, Myles Ahead shall pay the City a base rent of six hundred dollars ($600) per month
and percentage rent of fifteen percent (15%) of the gross monthly receipts received from
Myles Ahead fitness classes and coaching.
A. The base rent payment will be due and payable in advance on the first (1St) day of
each calendar month during the Term.
B. Monthly installments of base rent for any fractional calendar month at the
beginning or end of the Term shall be prorated based on the number of days in
such month.
C. The percentage rent payment will be due and payable in full on the fifteenth (15th)
of January, April, July, and October, for the previous quarter (i.e. Rent for July -
September will be due October 15th)
D. The percentage rent payment shall be accompanied by a general ledger report
listing the monthly gross receipts from classes and coaching and a calculation of
the rent based on fifteen percent (15%) of the gross receipts.
E. Any unpaid base or percentage rent payment will be considered delinquent if not
paid by this date and shall be subject to the late payment charges under this
Agreement.
F. A security deposit in the amount of two -thousand dollars ($2,000.00) will be due
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and payable to the City upon execution of this agreement. The deposit will be
retained by the City for the term of the agreement and may be applied to any
unpaid rent or used to make any necessary repairs to damage deemed caused by
Myles Ahead.
G. Payments shall be submitted to.
City of Rohnert Park
Finance Department
130 Avram Avenue
Rohnert Park, CA 94928
Any rental payments or other amounts which are not paid by Myles Ahead when
due shall incur equal to ten percent (10%) of the overdue amount as a late charge
for each month or partial month that such amount remains unpaid. The Parties
acknowledge that this late charge represents a fair and reasonable estimate of the
costs that City will incur by reason of the late payment by Myles Ahead. City's
acceptance of any late payment and/or late charge therefore shall not be deemed
to prevent City from exercising any of the other rights and remedies available to
City for any other event of default under this Agreement.
H. Myles Ahead shall pay the City rent for additional space for special events per the
current approved Recreation Program and Facility Fee Schedule.
7. Indemnification. Myles Ahead shall protect, defend, indemnify, and hold harmless the
City and City's officers, officials, employees and agents, at Myles Ahead'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, including without limitation:
A. The use or occupancy, or manner of use or occupancy, of the Sports Center by
Myles Ahead;
S. Any act, error, omission, or negligence of Myles Ahead or of any subtenant,
invitee, guest, contractor or licensee of Myles Ahead or any subtenant in, on
or about the Premises;
C. Myles Ahead's conducting of its business;
D. Any alterations, activities, work, or things done, omitted, permitted, allowed,
or suffered by Myles Ahead in, at, or about the Sports Center, 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
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 Myles Ahead'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.
Myles Ahead'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.
Myles Ahead's indemnification obligation hereunder shall not be excused because
of the Myles Ahead's inability to evaluate liability, or because the Myles Ahead
evaluates liability and determines that the Myles Ahead is not or may not be
liable. Myles Ahead must respond within thirty (30) calendar days to any tender
by the City, unless the time for responding has been extended by an authorized
representative of the City in writing. Myles Ahead agrees to fully reimburse all
costs, including but not limited to attorney's fees and costs and fees of litigation
incurred by the City in responding to matters prior to Myles Ahead's acceptance
of the tender.
8. Insurance. 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
Myles Ahead 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. Myles Ahead's insurance shall be primary
as to liability arising from its use of the City's facilities. Myles Ahead 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.
Myles Ahead shall provide certificates of insurance confirming the above coverage
and City's additional insured status at least five (5) days prior to the date of event.
F
Myles Ahead waives any and all rights of recovery against City for loss of, or
damage to, damage or liability insured against and under any Myles Ahead insurance
policy in force at the time of such loss or damage. Myles Ahead shall, upon
obtaining the policies of insurance required hereunder, notify the insurance carriers
that the foregoing waiver of subrogation is contained in this Agreement.
B. Workers Compensation Insurance: Myles Ahead shall maintain Workers
Compensation Insurance for its employees as required by State law.
IV. MUTUAL AGREEMENTS.
The parties mutually agree as follows:
1. Termination Without Cause - Either party may terminate this Agreement by submitting to
the other party written notice ninety (90) days prior to the termination date. In the case of
the termination of this Agreement, Myles Ahead shall be liable for any portion of the
Agreement until the date of termination.
2. Tennination For Cause Failure of Myles Ahead to abide by any of the provisions of this
Agreement will be grounds for immediate cancellation and forfeiture of all moneys paid
to date. Myles Ahead shall remain liable for any payments described in Section III,
incurred prior to cancellation.
3. 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
Agreement shall be renewed on the same terms for an additional three years.
4. Return of Possession. Myles Ahead shall remove all of Myles Ahead's equipment
brought into the Activity Center and/or Activity Center upon the termination of this
Agreement and return possession of the Activity Center to the City broom swept clean
and otherwise in the condition the Activity Center was in at the time the rental began. If
Myles Ahead fails to return the Activity Center to its pre -rental condition, Myles Ahead
shall be responsible to the City for all costs associated with returning the Activity Center
to its pre -rental condition.
V. GENERAL PROVISIONS
Time - Time is of the essence of each provision of this Agreement.
2. Written Notification. Any notice, demand, request, consent, approval or communication
that either party desires or is required to give to the other party shall be in writing and
either served personally or sent by prepaid, first class mail. Any such notice, demand,
etc, shall be addressed to the other party at the address set forth below. Either party may
change its address by notifying the other party of the change of address. Notice shall be
deemed communicated within 72 hours from the time of mailing if mailed as provided in
this section.
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If to City: City Manager
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Phone: (707) 588-2243
Fax: (707) 794-9248
Email: admin@rpcity.org
If to Myles Ahead: Freddie Myles
7295 Calcutta Court
Rohnert Park, Ca 94928
Phone: (707) 775-9436
Email: Freddie.myles@gmail.com
3. Compliance with Laws; Liens. Myles Ahead shall at all times comply with, and shall pay
all costs and expenses which may be incurred or required to be paid in order to comply
with, any and all permitting requirements, and all applicable State, Federal and local
laws, statutes, ordinances, rules and regulations which apply to the operation and use of
the Activity Center. Capacity of building is set by California laws and shall not be
exceeded. Myles Ahead shall not permit or suffer any mechanic's lien to be filed against
the Activity Center or the Premises or any portion thereof, and shall immediately
discharge any such lien and shall protect, indemnify, defend and hold City harmless in
connection therewith.
4. Equal Employment Opportunity. Myles Ahead is an equal opportunity employer and
agrees to comply with all applicable state and federal regulations governing equal
employment opportunity. Myles Ahead will not discriminate against any employee or
applicant for employment because of race, religion, age, sex, creed, color, sexual
orientation, marital status or national origin. Myles Ahead will take affirmative action to
ensure that applicants are treated during such employment without regard to race,
religion, age, sex, creed, color, sexual orientation, marital status, or national origin. Such
action shall include, but shall not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; lay-offs or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship. Myles Ahead further agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
5. Inspection and Audit — City shall be entitled, at City's option, at any time and from time
to time during the Term, to inspect, examine, copy and audit Myles Ahead's books,
records and cash receipts as related to Gross Receipts. The purpose of such examination
is to enable City to ascertain, clearly and accurately, Myles Ahead's Gross Receipts and
to verify that the form and method of Myles Ahead's record keeping provide adequate
and proper control and check of all such revenues. Myles Ahead shall cooperate fully
with City and City's Agents in making the examination. City shall also be entitled at
City's option, once during each Rental Agreement year and once after the Expiration
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Date or other termination of this Rental Agreement, to cause an independent audit of such
records to be performed by a certified public accountant designated and paid for by City.
The audit shall be conducted during usual business hours at the Site. If the audit shows
that there is a deficiency in the payment of any Percentage Rent, then Myles Ahead's
shall immediately upon notice pay the deficiency to City, together with a penalty as
described above in the late payment section, which shall accrue from the date on which
such deficient amount would have been due until such deficiency is paid.
6. Possessory Interest Takes. This Rental Agreement may create a possessory property
interest in Myles Ahead. Tenant acknowledges and agrees that Myles Ahead's rental
and/or other property interests may be subject to property taxation, and Tenant to the
payment of property taxes levied on the interest. Such taxes shall be paid by City during
term of this Rental Agreement.
No o Emplo lent. Myles Ahead expressly acknowledges that none of its agents or
representatives shall be considered an agent or employee of City. Myles Ahead shall have
responsibility for and control over the details and means of providing the programming
contemplated under this Agreement. Myles Ahead shall obtain no rights to retirement
benefits or other benefits which accrue to City's employees, and Myles Ahead hereby
expressly waives any claim it may have to any such rights. Myles Ahead, its agents and
representatives shall not have any power to bind or commit the City to any decision.
MylesAhead agrees at all times to avoid conflicts of interest, or the appearance of any
conflicts of interest, with the interests of the City in the performance of the Agreement.
8. Compliance will all laws. Myles Ahead shall, at its own cost, comply with all statues,
ordinances, regulations and requirements of all governmental entities, including federal,
state, county or municipal, whether now in force or hereinafter enacted.
Business License. Myles Ahead shall obtain a business license prior to conducting
business in the City and pay the required business license fee.
10. Waiver. A waiver by City of any term, covenant, or condition in the Agreement shall not
be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant or condition.
11. Attorney's Pees. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable
costs and expenses, including attorneys' fees, to the prevailing party. In awarding
attorneys' fees, the court will not be bound by any court fee schedule, but shall, if it is in
the interest of justice to do so, award the full amount of costs, expenses, and attorneys'
fees paid or incurred in good faith.
12. 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
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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.
13. Governing Law-, Venue, Construction - 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. The terms of this
Agreement shall be construed in accordance with the meaning of the language used and
shall not be construed for or against either party by reason of authorship of the
Agreement or any other rule of construction which might otherwise apply.
14. Entire AgLe`e xent' 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 Myles Ahead 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.
15. Counter
,parts - 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 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.
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NOW, THEREFORE, BE IT RESOLVED, that the City and Myles Ahead executed this
Rental Agreement as of the date first written above.
CITY OF ROHNERT PARK, a California Myles Ahead Fitness, Inc., a corporation
municipal corporation
By: _ By:
Darrin Jenkins, City Manager Freddie Myles
7295 Calcutta Court
Rohnert Park, Ca 94928
Date:
Per Resolution No. 2016- adopted by the Rohnert
Park City Council at its meeting of September
2016.
ATTEST:
Caitlin Saldana, Deputy City Clerk
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Title:
Date:
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Exhibit A to Rental Agreement
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