Loading...
2023/09/26 City Council Resolution 2023-073 RESOLUTION NO. 2023-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AN AGREEMENT WITH CREDO HIGH SCHOOL FOR NON-EXCLUSIVE USE OF CITY FACILITIES AND SPORTS FIELDS WHEREAS the City of Rohnert Park (City) owns the properties located at: • 5405 Snyder Lane—Callinan Sports and Fitness Center • 1455 Golf Course Drive—Gold Ridge Recreation Center • 1450 Golf Course Drive—Golis Park • 1600 Wisdom Lane—Maurice Fredericks Park • 895 Santa Dorotea Circle— Dorotea Park • 5301 Snyder Lane— Sunrise Park WHEREAS, Credo High School (Credo) is a Rohnert Park Charter High School located at SOMO Village, 1300 Valley House Drive #100; and WHEREAS, SOMO Village does not have athletic facilities to accommodate Credo's competitive sports programs; and WHEREAS, the City desires to provide sports facilities to Credo in exchange for rental fees; and WHEREAS, the City will waive up to fifty percent of the annual rental fees in exchange for Credo funding capital improvements to certain City sports fields or facilities equal to the cost of improvement; and WHEREAS, the City will provide Credo with scheduling prioritization equal to that of local non-competitive youth sports organizations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve an agreement by and between Credo High School, a Charter Waldorf High School, and the City of Rohnert Park, a municipal corporation, for non- exclusive use of sports fields and facilities. BE IT FURTHER RESOLVED that the City Manager, or her designee, is hereby authorized and directed to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park, including execution, if necessary, in substantially similar form to the agreement attached hereto as Exhibit"A," subject to minor modifications by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 26th day of September, 2023. CITY OF ROHNERT PARK . 'odriguez, M. ATTEST: 1izabah Machado, Assistant City Clerk Attachment: Exhibit A ELWARD: tip l _GIUDICE:Acrird\SANBORN: �CC HOLLINGSWORTH ADAMS: L RODRIGUEZ: G AYES: ( 1.,. ) NOES: (fa A ( ) Resolution 2023-073 Page 2 of 2 CITY OF ROHNERT PARK NON-EXCLUSIVE LICENSE AGREEMENT WITH CREDO HIGH SCHOOL FOR USE OF ROHNERT PARK CITY FACILITIES AND FIELDS This Non-Exclusive License Agreement ("Agreement") is made and entered into as of June 1, 2023 ("Effective Date") by and between the City of Rohnert Park ("City") and Credo High School ("School"). City and Credo are referred to herein collectively as the "Parties" and individually as a "Party." RECITALS WHEREAS, the School desires to use City facilities to for the benefit of athletic programs for their student body; and, WHERAS , the City desires to through partnership maintain facilities for the benefit of permitted users and the general public; and, WHEREAS, the School desires partnership with the City to provide maintenance and upgrades to facilities to meet standards for high school athletics; NOW, THEREFORE, For good and valuable consideration, receipt of which is hereby acknowledged, the Parties hereby agree as follows: 1. PE RMITTED U SE AND LI CENSE City grants to School a revocable, personal, non-exclusive and non-possessory privilege and license ("License") to enter upon and use of facilities identified in Exhibit "A" and incorporated herein, for the limited purpose and subject to the terms , conditions and restrictions set forth herein. School may enter upon and use the License Area solely for purposes of providing athletic programs to the School's student body. This Agreement gives the School a License only and notwithstanding anything to the contrary herein , this License does not constitute a grant by City of any ownership, leasehold, easement or other property interest or estate whatsoever in the License Area, or any portion thereof. Nothing in this Agreement shall be construed as granting or creating any franchise rights pursuant to any federal, state or local laws. Without limiting the foregoing, this License is subject and subordinate to all existing documents and instruments of record affecting the City property. School must secure all additional 1 1 1 . I necessary approvals, permits and consents, and deliver all necessary notices, before commencing work or activities in the License Area, including any approvals, permits, consents or notices required from or to City or any other agency. School covenants and agrees, for the benefit of City, that School shall fully comply with the terms and conditions of any rules and regulations promulgated by City as they apply to any work or activities to be performed or temporary facilities to be installed by School on the License Area pursuant to this Agreement, and City shall have no responsibility or liability of any kind with respect thereto . City reserves the right to use the License Area in common with School, as long as such use does not materially interfere with School's Activities within the License Area during times granted by the License as identified by schedule of use in exhibit A. This includes without limitation, leasing, subleasing and granting of additional licenses for the License Area. School shall, at its expense, conduct and cause to be conducted all activities on the License Area allowed hereunder in a safe and reasonable manner and in compliance with all laws, ordinances, requirement, policies and standards of City and all other governmental or other regulatory authorities with jurisdiction and authority over the License Area and the Activities (including, without limitation, the Americans with Disabilities Act) and all covenants, restrictions and provisions of record, whether presently in effect or subsequently adopted and whether or not in the contemplation of the parties. School shall, at its sole expense, procure and maintain in force at all times during its use of the License Area any and all business, health and other licenses, permits or approvals necessary to conduct the activities allowed hereunder. School understands and agrees that City is entering into this Agreement in its capacity as a property owner with a proprietary interest in the License Area and not as a regulatory agency with police powers. School further understands and agrees that no approval by City for purposes of this Agreement shall be deemed to constitute approval of any other federal, state, or other local regulatory authority with jurisdiction, and nothing herein shall limit School's obligation to obtain all such regulatory approvals at County's sole cost, or limit in any way City's exercise of its police powers. The license herein granted is personal to School and no right hereunder may be assigned, sublet, or otherwise transferred in whole or in part without the prior written consent of City, and any attempt to assign, sublet or transfer shall be of no force or effect whatsoever unless and until City shall have given its written consent thereto. City may withhold its consent for any reason. 2 2. TERM The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2033 ("Expiration Date"), unless sooner terminated pursuant to Section 3 below. At the end of the initial term, this agreement will automatically renew itself from month to month unless terminated pursuant to the terms below. 3. TERMINATION If School fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violate any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement for cause immediately upon written notice. School may terminate the Agreement at any time, with or without cause, upon 30 days written notice to the City. In event of termination under this Section, School shall not be entitled to any monetary compensation in any form whatsoever, nor shall it be entitled to any further services from the City, other than a reduction for future rental fees under the terms as set forth in Paragraph 14. 4. NOTICES All notices under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows: (a) When delivered by first class mail , postage prepaid, notice shall be deemed delivered three (3) business days after deposit in the United States mail; (b) When mailed by certified mail with return receipt requested, notice shall be effective upon receipt of delivery is confirmed by a return receipt; ( c) When personally delivered to the recipient , notice shall be deemed delivered on the date personally delivered. The place of delivery of all notices under this Agreement shall be as follows; City: School: City Manager City of Rohnert Park 130 Avram Ave, Rohnert Park, CA 94928 (707) 588-2226 TITLE Credo High School xxxx (707) XXX-XXXX 5. AS IS CONDITION OF LI CENSE AREA: DISCLAIMER 3 :: ; School accepts the License Area in its "AS IS" condition, without representation or warranty of any kind by City, its officers, agents or employees, and subject to all applicable laws, rules and ordinances governing the use of the License Area. Without limiting the foregoing, this License is made subject to any and all existing and future covenants, conditions, restrictions, easements, encumbrances and other title matters affecting the License Area, whether foreseen or unforeseen, and whether such matters are ofrecord or would be disclosed by an accurate inspection or survey. 6. NO COST TO CITY School shall bear all costs and expenses of any kind or nature in connection with its use of the License Area, and shall keep the License Area free and clear of any liens or claims of lien arising out of or in any way connected with its use of the License Area. 7. INSURANCE During the Term of this Agreement, School shall obtain and maintain insurance covering claims for injuries to persons or damage to property which may arise out of or in connection with use of License Area by County or County's contractors or agents, as set forth in Exhibit "B". The insurance carrier shall maintain an A.M. Best rating of not less than A-: VII. 8. INDEMNIFICATION To the fullest extent permitted by law, School shall indemnify, defend, reimburse and hold harmless City, its elected and appointed officers, agents, employees and contractors, and each of them (collectively, the "Indemnified Parties"), from and against any and all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages and liabilities of any kind (collectively, "Claims"), arising in any manner out of (a) any injury to or death of any person or damage to or destruction of any property occurring in, on or about the City Property, or any part thereof, whether such injury, death, damage or destruction is caused by the person or property of School, its officers, directors, members, employees, agents, consultants, contractors or subcontractors (collectively, "Agents"), its invitees, guests or business visitors ( collectively, "Invitees"), or third persons, relating to any use or activity under this Agreement; (b) any failure by School to faithfully observe or perform any of the terms, covenants or conditions of this Agreement, including but not limited any applicable requirements related to prevailing wage laws or requirements under the Labor Code; ( c) the use of the License Area or any activities conducted thereon by School, its Agents or Invitees; or ( d) any release or discharge, or threatened release or discharge, of any Hazardous Material caused or allowed by School, its Agents or Invitees, on, in, under or about the City Property, any improvements or into the environment; except solely to the extent of Claims resulting directly from the sole negligence or willful misconduct of City or City's authorized representatives. In addition to School's obligation to indemnify City, School specifically acknowledges and agrees that it has an immediate and independent obligation to defend the City from any Claim that actually or potentially falls within this indemnity provision even if such allegation is or may be groundless, fraudulent or false, which obligation arises at the time such claim is tendered to School by City and continues 4 at all times thereafter. The foregoing indemnity shall include, without limitation, reasonable attorneys', experts' and consultants' fees and costs, investigation and remediation costs and all other reasonable costs and expenses incurred by the indemnified parties, including, without limitation, damages for decrease in the value of the City Property and claims for damages or decreases in the value of adjoining property. City and City Indemnified Parties shall have no liability to School or any School party (including School's officers, employees, and contractors) as the result of damage or loss to property or injury to or death of any such person arising directly or indirectly from the Activities conducted pursuant to this Agreement, except for damages to School property caused by the sole negligence or willful misconduct of City. The parties intend that damages and/or costs and all other terms implying an amount tied to liability shall include consequential damages. The amount and type of insurance coverage requirements set forth in this Agreement will in no way be construed as limiting the scope of the School's indemnity in this Section. The obligations pursuant to this Section 8 shall survive the expiration or earlier termination of this Agreement. 9. INTEGRATION This Agreement represents the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, whether written or oral. No representations, oral agreements, or inducements have been made by either of the Parties, except as expressly set forth herein. This Agreement may not be changed, modified, or rescinded except by written amendment signed by both Parties. 10. SEVERABILITY Should any part of this Agreement be determined to be unenforceable, invalid or illegal, such determination shall not affect the validity of the remainder of the Agreement, which shall continue in full force and effect. 11. USE FEES For use of the facilities outlined in Exhibit A, School agrees to pay fees equal to the hourly rate of such facilities as described in City's currently adopted Recreation Facility and Program Fee Schedule ("Use Fees"). Fees shall be assessed and due at the conclusion of each School Year (June) for the prior year's use. 12. PERMITTED USE The Licensed Area shall be used as a recreation facility for conducting sports activities and School shall not have the privilege of using the premises for any other purpose without the prior written consent of City. Scheduling of events for the Facilities shall be at the discretion of City and as laid out in Exhibit A. Outdoor Facilities must remain open 5 to public access when not being used by School and may not be locked or closed without written permission from City. 13. REPAIR OF DAMAGE If any portion of the License Area or any personal property of City located on or about the License Area is damaged or threatened by any of the activities conducted by School or anyone acting by or through School hereunder, School shall immediately, at its sole cost, notify City by electronic mail of such damage or threat. City may, but shall not be obligated, to remedy such damage or threat at School's sole cost, or City may elect to witness School's repair work. In the event City elects not to remedy such damage or threat, School shall repair any and all such damage and restore the License Area or property to its previous condition subject to City's inspection, review and approval. City has no responsibility or liability of any kind with respect to any utilities that may be on, in or under the License Area. 14. FACILITY UPGRADES & CREDIT TOW ARDS USE FEES For the duration of this Agreement, the School may propose to complete upgrades to existing facilities in licensed areas, including but not limited to fixtures, field turf, bleachers, or other mutually agreed improvements ("Improvements"), in exchange for receiving credit toward Use Fees charged to School as set forth in Paragraph 11. The decision as to whether to allow any Improvements under this paragraph shall rest with the City, and the City may reject any offer to make proposed Improvements under this section in its sole discretion, with or without cause. The amount of credit provided towards use fees shall be agreed to in writing prior to the City's approval of any Improvement. School shall provide reasonable information, as requested by City, to demonstrate improvements provided under this section are contracted for at a reasonable price using a competitive procurement, including at the City's discretion, bidding. Credit towards use fees for any Improvements shall be: (1) only available after completion of the Improvement and acceptance by the City, and (2) only allowed as an offset towards use fees actually charged, and (3) only valid during the duration of the Agreement, and ( 4) limited to the agreed upon credit amount approved in writing prior to the commencement of construction. Additionally, School shall not be entitled to receive a credit towards more than 50% of the use fees due in any given fiscal year, however, any unused credit amount may be carried over to usage fees imposed in a subsequent fiscal year during the term of the Agreement. 6 Any Improvement must be approved in writing by the City Manager, and may be subject to additional requirements and conditions depending on the nature of the work performed. As part of performing any Improvements, School agrees to all of the following: (1) School shall comply with, and ensure that its contractors comply with, all applicable prevailing wage requirements, as set for in Labor Code section 1720 et seq., and any applicable requirements related to public works projects that may apply to the construction of the Improvements, including but not limited to DIR registration and reporting, certified payroll, and apprenticeship rules; (2) School shall provide, or ensure its contractor provides, payment bonds meeting requirements in Civil Code 9550 et seq., for any Improvements involving an expenditure of over $25,000; and (3) School shall promptly discharge any liens that may be filed, or attempted to be filed against any City property. School agrees that no compensation will be due to School by virtue of undertaking or completing any Improvement, and School hereby waives any right to compensation and hereby covenants not to sue City, its elected and appointed officers, employees, and volunteers, with respect to any Improvement In order for any such facility upgrades to be eligible for credit the proposed Improvement must provide a benefit to not only the School but also the City, and the citizens of Rohnert Park. Upgrades for the sole use of School shall not be eligible for credit. All Improvements made to City property become the property of the City once accepted by the City. 15. CONCESSION STANDS Part of the License Area may include the use of concession stands. Upon written approval of the City the School may have non-exclusive use of these facilities for serving concession only during School athletic events subject to all other terms outlined in this agreement. School shall provide a copy of all health permits required and obtained as part of their usage. The City shall not be responsible for any damage or loss of property arising out of use or storage in these facilities. 16. TEMPORARY FACILITY SIGNAGE This agreement provides permission for the School to place a limited number of signs and banners at licensed facilities. These signs may include organization signs (signs with school's name, championship pennants, etc.) and a limited number of sponsorship signs for purposes of raising funds for School athletics. Signs placed in facilities shall be limited to the season in which the School is using the facility and must be removed once usage for the season is done. 7 Signs are approved only in the following locations A. Golis Park Baseball Field Outfield Fence-One 4'x8' may be placed in each section of the fence, maximum of 12 signs. B. Golis Park Baseball Field Backstop-A 4'x8' banner may be placed on either side of the backstop but must not limit visibility from the stands. C. Golis Park Baseball Field First Base Line-One 4'x8' banner may be placed here along with any league championship pennants. D. Golis Park Softball Field Backstop and Fencing-No more than 4, 4'x8' banners may be placed on the fencing and must be placed high enough to not obstruct view of the field by spectators and players. League championship pennants may be placed here as well. E. Dorotea Park Tennis Court-No more than 2, 4'x8' banners may be placed on the courts City reserves the right to alter or amend this list at any time. School shall provide a City with a list of banners for approval at the start of each season prior to placement. No banner or flag shall be approved that displays any message that in the judgement of the City: i. is false, misleading, or deceptive; ii. promotes the sale or use of tobacco products, or medical marijuana, whether directly or indirectly, provided that advertising for hydroponics shall not be deemed indirect promotion of marijuana; iii. promotes the sale of alcoholic beverages-;- iv. depicts violence or anti-social behavior or relates to illegal activity; v. contains "obscene matter," as that term is defined in California Penal Code section 311 on the Effective Date, or promotes adult entertainment; vi. promotes or opposes a candidate for public office or promotes or opposes a ballot measure; vii. holds a person or group of persons up to public ridicule, derision, or embarrassment, or defames a person or group of persons; or viii. contains language that is obscene, vulgar, profane, or scatological, or that presents a clear-and-present danger of causing riot, disorder, or other imminent threat to public safety, peace, or order. School shall provide high quality signs and banners that must not damage any existing structures and that are removable. Signs cannot interfere with any other existing signage 8 or regular usage of the facility. City is not responsible for any loss or damage to signs. Any damaged signs must be promptly repaired or removed by the School. 17. TEMPORARY STORAGE School shall be permitted to place a limited number of temporary storage facilities (containers) on City property for the sole use of storage of required supplies for field maintenance and upkeep. Placement of any new storage container shall be at the sole discretion of the City. City may also at its sole discretion require the removal of any of these containers. School is responsible for all upkeep of these facilities. It is the expectation that these containers remain in good working order, free of graffiti and do not negatively impact the aesthetics of the park. City is not responsible for any property lost, stolen or damaged from these containers. School may also be granted use of onsite City storage sheds. These facilities are to be kept up by the School for the duration of usage. These facilities are to be returned to the City in the condition received at the concussion of each season. 18. KEYS AND FACILITY ACCESS City shall provide either a key or a staff person to provide access to all facilities licensed during the time of use. Should keys be checked out or issued School is responsible for returning them in a timely manner. School shall not make copies of any keys issued. School shall provide current keys to all storage facilities (containers) on City property. These keys shall be used only in case of emergency. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their duly authorized officers, as of the date first set forth above. 9 EXHIBIT A LICENSE AREA AND SCHEDULE OF USE The License Area includes the following parks and facilities : 1. Callinan Sports and Fitness Center Main Gymnasium, 5405 Snyder Lane 2. Gold Ridge Recreation Center, 1455 Golf Course Drive 3. Golis Park Baseball Field, and Concession Stand, 1450 Golf Course Drive 4. Maurice Fredricks Park Soccer Field, 1600 Wisdom Lane 5. Dorotea Park Tennis Courts and Softball Field, 895 Santa Dorotea Circle 6. Sunrise Park Soccer Field 5201 Snyder Lane 7. Honeybee Pool, 1170 Golf Course Drive Schedule of Use 1. Callinan Sports and Fitness Center Gymnasium a. Girls Volleyball -Two hours per day, Monday through Friday from August through October. Game days of up to 6 hours each September through October. b. Boys Volleyball-Two hours per day, Monday and Wednesdays from March through May. Game days ofup to 4 hours each March through May. c. Basketball -Two hours per day, Monday through Friday from November through March . Game days ofup to 6 hours each December through March. 2. Gold Ridge Recreation Center a. Basketball -Two hours per day, Monday through Friday from November through March. 3. Golis Park a. Baseball Field -Monday through Friday 4-6pm from February through May . Game days 3-6:00pm b. Softball Field (Practice)-Monday through Friday 4-6pm, February through May. 4. Maurice Fredrick's Park a. Soccer (Practice)-Monday through Friday 4-6pm, August through November 5. Dorotrea Park a. Tennis -Monday through Friday 4-6pm, March through May. b. Softball Field -Monday through Friday 4-6pm, February through May. 6. Sunrise Park Soccer and Softball Fields a. Soccer (Games)-Up to 20 home games per year August through November. Single games 3-6:30pm, double headers 3-9pm. 7. Honeybee Pool (or equivalent facility) a. Swimming -Pool time shall be requested to the City no later than 60 days prior to the season. City shall respond within 10 business days with availability based upon staffing and other programing. Additional schedules may be added to this list by mutual agreement. Additional one-time facility uses may be requested subject to all standard fees and facility use prioritization. Applications and Av a ilability. City shall make its best effort to ensure facilities and times listed above are available for the use of the School's athletic programs. To ensure such availability and priority scheduling, School shall be responsible for filling out an Application for Use of City Facility for all uses by the deadline provided all users of City Facilities by standard operating procedure. By policy, applications shall be accepted up to a year in advance. 11 School shall adhere to the terms and conditions set forth in the Facility User Agreement and any other policies or requirements that the City generally applies to rental users of City property, as such requirements may be updated from time to time. 12 EXHIBIT B INSURANCE REQUIREMENTS School shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the School's use of the License Area and the activities of the School, its contractor(s), guests, agents, representatives, employees, or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be $5,000,000. 2. Sexual Abuse or Molestation (SAM) Liability: If the activity includes contact with minors. and the COL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, User shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. Prior to use of facilities. the user shall furnish the City with certi ticates. additional insured endorsements , and waivers of subrogation evidencing compliance with the insurance requirements above. Any failure to comply with reporting provisions of the policies by User shall not affect coverage provided the City. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or iflnstructor has no owned autos, Code 8 (hired) and 9 (nonowned), with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Note -required only iflnstructor has employees). If the School maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the School. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the rental of the facility, work or operations performed by or on behalf of the School including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the School's insurance (at least as broad as ISO Form CG 20 10 13