HomeMy WebLinkAboutCC Resolution 9992 (School District Leases)RESOLUTION NO. 9992
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of
San Rafael a contract, lease or agreement with
the Dixie School District for leases at Vallecito, Dixie and Mary E. Silveira Schools.
Vallecito lease is three years. Leases for Dixie and Mary E. Silveira are ten years.
copies of which are hereby attached and by this reference made a part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a REGULAR
meeting of the City Council of said City held on MoNDAv, the 15TH
day of DECEMBER 1997 by the following vote, to wit:
AYES: COUNCILMEMBERS:Cohen, Heller, Miller, Phillips &
NOES: COUNCILMEMBERS:None Mayor Boro
ABSENT COUNCILMEMBERS:None
JEANNE M. LEONCINI, City Clerk
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1 THIS LEASE is entered into as of the 1st day of July 1997 by and between THE TRUSTEES OF
2 THE DIXIE SCHOOL DISTRICT, herein referred to as DISTRICT and THE CITY OF SAN RAFAEL,
3 herein referred to as LESSEE.
4 WHEREAS, DISTRICT is authorized by the provisions of Education Code Section 39360.3 to lease
5 any real property, together with personal property thereon, belonging to the DISTRICT which is not currently
6 required for educational purposes; and
7 WHEREAS, LESSEE is desirous of obtaining such property for its own use within the term,
8 covenants, and conditions expressed and implied within this lease:
9 NOW, THEREFORE, the parties agree as follows:
10 1. PREMISES LEASED. For and in consideration of the payment of rental and other charges and
11 of the performance of all the covenants, terms, and conditions hereinafter provided to be observed and
12 performed by LESSEE, DISTRICT hereby leases to LESSEE real property consisting of 1,890 square feet,
13 located at the Vallecito School, 50 Nova Albion Way, ("SCHOOL") in the Dixie School District, County of
14 Marin, State of California. Exhibit # 1, attached hereto and incorporated herein and made a part of this lease
15 agreement, outlines the space described above which is the subject of this lease, which space is herein referred
16 to as the "Premises." This lease shall be for the term, at the rental and for the use and purposes, and upon and
17 subject to the covenants, conditions, and reservations, and restrictions herein set forth.
18 2. ADDITIONAL LICENSE FOR ANCILLARY FACILITIES. LESSEE shall have non exclusive
19 access to gymnasium or multi purpose rooms at Vallecito School, Dixie School and Mary Silveira School
20 between 3:30 P.M. and 5:30 P.M. each school day allowing for occasional exceptions. LESSEE shall have
21 the right to nonexclusive use of ancillary facilities at the SCHOOL, including shared walkways and shared
22 corridors.
23 LESSEE shall have the right to exclusive use of that portion of the parking facilities at the SCHOOL
24 which is designated by DISTRICT. In designating the parking space available for the exclusive use of
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I LESSEE, DISTRICT shall allocate available parking space among lessees at the SCHOOL in approximately
2 the same proportion as the amount of space leased by each lessee at the SCHOOL as well as the type of use
3 intended by LESSEE. In designating the parking space available to each lessee at the SCHOOL, DISTRICT
4 shall use reasonable, good faith efforts to allocate space at locations which are close to the space leased by each
5 lessee and shall use reasonable efforts to keep space allocated to each lessee contiguous. The decision of
6 DISTRICT made in accordance with the foregoing standards shall be final.
7 LESSEE shall have the right to nonexclusive use of playgrounds and other grounds at the SCHOOL,
8 for uses consistent with the nature of those playgrounds and other grounds. However, LESSEE acknowledges
9 and agrees that DISTRICT shall be entitled to make playgrounds and grounds available to community and all
10 lessees at the SCHOOL on a fair and reasonable basis, DISTRICT shall be entitled to make reasonable, good
11 faith determinations allocating the time during which playgrounds and grounds shall be set aside for uses by
12 lessees and by the community. DISTRICT shall make such determinations with a view to permitting maximum
13 use by all lessees and the community with a minimum of conflict. In making such determination, DISTRICT
14 shall take into account the nature of each lessee's activities and periods of maximum use of the facilities, the
15 amount of space leased by each lessee, the periods of maximum community use. The decision of DISTRICT
16 made in accordance with the foregoing standards shall be final.
17 3. TERM. The premises are leased for the term of thirty-six months commencing July 1, 1997 and
18 ending June 30, 2000 subject, however, to earlier termination as hereinafter provided.
19 4. HOLDING OVER. This lease shall terminate and become null and void without further notice
20 upon expiration of the term specified. Further occupancy shall be subject to a new lease.
21 5. USES AND PURPOSES. During the term of this lease, LESSEE may use the subject space as
22 set forth in Exhibit #1 and outlined in paragraph 1 of this agreement for the purpose of operation by LESSEE
23 of the business and activity as described in Exhibit #2, attached hereto and incorporated by reference herein,
24 and made a part of this lease agreement. Any other use except by specific written permission of DISTRICT
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1 is specifically prohibited.
2 During the term, LESSEE shall at its sole cost and expense, at all times during said term, conform to
3 and cause all persons using or occupying any part of said premises to comply with all public laws, ordinances,
4 regulations, use permits, and business licenses from time to time applicable thereto and all operations thereon.
5 6. RENTAL. LESSEE agrees to pay DISTRICT the sum of $.60 per square foot, per month between
6 7/1/97 and 6/30/98; $,63 per square foot per month between 7/1/98 and 6/30/99; $.66 per square foot per
7 month between 7/1/99 and 6/30/2000 for all the enclosed space which is described within Exhibit #1. Exhibit
8 #1 shall indicate the agreed upon number of square feet. Ancillary facilities such as shared parking, shared
9 playground, shared sidewalks and corridors shall be made available at no cost to LESSEE. This paragraph
10 refers only to basic space rental. Other costs which apply to the services of utilities, insurance, custodial, and
11 maintenance are treated elsewhere and are equally a part of this entire lease agreement.
12 Rent shall be payable monthly in advance on the first of the month. Should LESSEE fail to pay the
13 rental payments to LESSOR within ten (10) days after the due date thereof, LESSEE shall pay to LESSOR
14 a service charge on such delinquent payment from the due date until paid, at the rate of 18% per annum or
15 1.5% per month. The minimum charge shall be $50.00.
16 7. DEFAULT. If LESSEE shall fail to pay any rent or other amount herein provided for after same
17 becomes due and payable, or if LESSEE fails to perform any other provision hereof within thirty (30) days
18 after LESSOR shall have demanded in writing performance thereof, or if LESSEE shall abandon the facilities,
19 LESSOR shall have the right and option, but shall not be
20 obligated, to exercise any one or more of the following remedies:
21 a. Declare lease in default and become entitled to all rentals due and possession of the property.
22 b. LESSOR may dispose of the equipment in any manner LESSOR chooses to compensate past due
23 lease monies.
24 C. "LESSOR may re -lease the facilities at such rental and upon such terms and conditions as
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1 LESSOR, in its sole discretion deems reasonable. If the LESSOR chooses this option (7c) it will
2 make a good faith effort to re -lease the facilities. Any rent received from the re -lease will be used
3 to mitigate future rents due by the LESSEE but will not negate any past indebtedness for rents
4 owed prior to the re -lease. In the event rent is not paid by the date due as provided herein, District
5 may institute eviction proceedings. Lessee shall be liable, and agrees to reimburse the District, for
6 any court costs, related fees, or attorney fees resulting from said proceedings or for any court costs,
7 related fees, or attorney fees resulting from other proceedings commenced as a result of the non -
8 payment of other sums owed or other violations of the agreement.
9 8. UTILITIES. LESSEE shall pay District monthly for all water, gas, heat, light, power, garbage,
10 telephone service and all other service metered to the premises. DISTRICT further reserves the right to install,
11 at DISTRICT expense, separate meters for any public utility servicing the premises for which a meter is not
12 presently installed in which event LESSEE shall make payments when due directly to the public utility
13 involved When separate metering systems are not employed, DISTRICT shall charge a pro rata share of the
14 utilities cost for the entire school based upon DISTRICT records and upon DISTRICT's best estimate. In this
15 event, DISTRICT will make an annual adjustment to utilities between May 1 and July 1 each year based upon
16 actual costs and LESSEE shall remit or receive the adjustment within thirty (30) days of notification of
17 adjustment. Utility costs and estimates for this lease shall be spelled out in detail on Exhibit #3, attached hereto
18 and incorporated herein and made a part of this lease agreement. Within 20 days after the notice of annual
19 adjustment of utilities, LESSEE shall be entitled to review the utility statements and DISTRICT records upon
20 which the adjustment is based.
21 If at any time LESSEE is in disagreement with the prorated estimate of utilities cost, LESSEE shall
22 be granted permission to install, at LESSEE's expense, separate meters and thereafter pay only the metered
23 rate.
24 9. CUSTODIAL CLEANING SERVICES. LESSEE shall provide its own custodial services, either
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1 by its own staff or through utilization of various commercial concerns which provide this service. DISTRICT
2 assumes no responsibility for custodial services, unless so stipulated in writing to LESSOR from LESSEE.
3 10. MAINTENANCE AND REPAIRS. DISTRICT shall maintain and keep repaired the roof,
4 exterior surfaces, heating and air conditioning facilities, and electrical and plumbing facilities of the buildings
5 in which the premises are located and ancillary facilities and grounds of the SCHOOL. Such maintenance and
6 repairs shall be at the expense of the DISTRICT except for maintenance and repairs which are caused by the
7 willful or negligent acts of LESSEE or its invitees. The level of such maintenance and repairs shall be
8 comparable to the level of effort that occurs at other DISTRICT sites which are utilized by DISTRICT for
9 educational purposes.
10 Maintenance and repairs of the premises, except maintenance and repairs required by normal wear and
11 tear, shall be at the expense of the LESSEE. DISTRICT shall not be required nor expected to provide
12 maintenance and repairs to the premises necessitated by the willful or negligent acts of LESSEE or its invitees,
13 or by acts of vandalism to the premises which are beyond the control of DISTRICT. Specific details of
14 maintenance which differ from that specified above shall be prescribed on Exhibit #4, attached hereto and
15 incorporated herein and made a part of this lease agreement.
16 It is stipulated by LESSEE, by entry into possession, that premises are in good condition, reasonable
17 wear and tear excepted.
18 Any maintenance and repairs of the premises not required to be performed at the expense of
19 DISTRICT and requested by LESSEE, shall be performed by DISTRICT at the expense of the LESSEE, for
20 which DISTRICT shall charge LESSEE the same rate which DISTRICT charges its own schools and other
21 public agencies at the time the service is performed.
22 11. GROUNDS. It is stipulated and expressly noted by both parties that DISTRICT has, and will
23 continue, to make grounds available for open community use in the same manner as in the past. Therefore,
24 DISTRICT assumes responsibility for grounds maintenance and landscape grooming to the same extent and
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I to the same level of effort that occurs at other DISTRICT sites which are utilized for educational purposes.
2 DISTRICT recognizes that some minor landscaping changes may be requested in those areas immediately
3 adjacent to the subject leased space and will consider any improvements requested by LESSEE at LESSEE'S
4 expense.
5 12. LIABILITY INSURANCE.
6 a. The LESSEE is self-insured and participates with other cities and public entities in the
7 California Joint Powers Risk Management Authority for excess coverage in the amount of
8 $10,000,000 with a $500,000 self-insured retention. The LESSEE shall provide a Certificate
9 of Coverage naming DISTRICT as an additional insured in the amount of $500,000 above
10 the self-insured retention amount, and such other proof of excess coverage as DISTRICT may
11 reasonably request. The LESSEE is authorized hereunder to self -insure its own equipment
12 or to procure insurance coverage therefore.
13 b. The DISTRICT is self-insured and participates with other school districts in the Marin
14 Schools Insurance Authority for excess coverage in the amount $1,000,000 with a $25,000
15 self insured retention. The DISTRICT shall provide a certificate of coverage naming
16 LESSEE as an additional insured.
17 c. The District's existing fire and extended coverage insurance on the other school buildings shall
18 be extended to cover the Premises, if not already so covered. Such fire and extended coverage
19 of the Premises shall be at replacement cost based on Fair Market Value.
20 d. Indemnity and other obligations of both parties shall not be limited by the foregoing insurance
21 requirements.
22 e. If LESSEE or DISTRICT, for any reason, fails to maintain insurance coverage which is
23 required pursuant to the Agreement, the same shall be deemed a material breach of the
24 Agreement.
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1 13. FIRE INSURANCE. LESSEE agrees that DISTRICT shall acquire the necessary fire insurance
2 on the premises and to pay the premiums therefore, and LESSEE shall repay to DISTRICT the expense
3 incurred by DISTRICT for such insurance, Such amount shall be deemed to be additional lease payments and
4 shall be payable as such. These costs shall be spelled out in detail in Exhibit #5. The obligation of LESSEE
5 hereunder shall be subject to the following limitations:
6 (a) In the event of loss, the LESSEE and DISTRICT shall equally share the deductible expense
7 incurred, provided that the loss was caused by fire which originated on that portion of the leased premises
8 occupied by LESSEE. In the event that the loss originated in any location other than described in Section 13
9 (a), the LESSEE shall not be required to pay any deductible expense.
10 (b) That portion of DISTRICT'S fire insurance costs allocable to the premises leased by LESSEE is
11 to be determined as provided on Exhibit #5, attached hereto and incorporated herein and made a part of this
12 lease agreement.
13 (c) Nothing contained in this paragraph shall be deemed to constitute a waiver by DISTRICT or
14 LESSEE of any rights which either may have against the other for its negligent or intentional acts.
15 14. USE PERMIT AND TERMINATION. To the extent required by law, LESSEE shall secure all
16 necessary permits and approvals from the appropriate governmental entities to carry out its programs.
17 DISTRICT shall support LESSEE in securing any such permits and approvals. Such permits and approvals
18 must be obtained as a condition of commencement of the term of this lease.
19 15. ASSIGNMENT AND SUBLETTING. LESSEE shall not assign this lease or any interest therein,
20 nor lease or sublet the premises, or any part thereof, or any right or privilege appurtenant thereto, nor permit
21 the occupancy or use of any part thereof by any other person, without prior written consent of DISTRICT, and
22 a consent to any one assignment, subletting, occupancy or use shall not relieve LESSEE of its obligations
23 hereunder. Any such purported assignment, sublease, occupancy or use without the prior written consent of
24 DISTRICT shall be null and void.
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1 16. ENTRY BY DISTRICT. DISTRICT and its agents shall have the right at any reasonable time
2 to enter upon the premises, so long as it does not interfere with any reasonable business of LESSEE, for the
3 purposes of inspection, serving and posting notices, and making any necessary repairs, alterations or additions
4 to any portion of the premises, complying with laws, ordinances, and regulations, protecting the premises, or
5 for any other lawful purpose, including showing the premises to prospective purchasers or tenants.
6 17. KEYS. The existing Schlage lock system shall be maintained and controlled by DISTRICT.
7 DISTRICT shall provide without cost, initial key service as required by LESSEE. Copies of keys shall be
8 provided by DISTRICT off.
9 18. CONSTRUCTION. LESSEE shall not enter into any contract or agreement with any City,
10 County, or any governmental agency or body or public utility with reference to sewer lines or connections,
11 water lines or connections, street improvements, including but not limited to curbs, gutters, parkways and street
12 lighting, or utility connections, lines or easements without prior written consent of DISTRICT. Furthermore,
13 no construction, removal, or demolition which changes the internal or external configuration, structural
14 integrity, or ventilation patterns of the premises shall be effected without prior written consent of DISTRICT.
15 Any improvements permitted shall comply with structural requirements for school buildings.
16 DISTRICT recognizes the changing nature of building utilization and this paragraph is not intended
17 to discourage modifications, additions, or alterations. Rather, it is intended to stress that any changes must be
18 in conformance with structural requirements for school buildings together with compatibility with the
19 surrounding community. All construction presently intended to be undertaken by LESSEE is detailed on
20 Exhibit #6, attached hereto and incorporated herein and made a part of this lease agreement. Except as
21 otherwise agreed by DISTRICT, all such construction and improvements shall become the property of
22 DISTRICT upon termination of this lease.
23 19. ABANDONMENT. LESSEE agrees not to vacate or abandon the premises at any time during
24 the term of this lease, except in the case of termination as provided elsewhere in this lease. Should LESSEE
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I vacate or abandon the premises or be dispossessed by process of law or otherwise in any event after the term
2 of this lease shall have expired, or the lease shall have otherwise terminated, any personal property belonging
3 to LESSEE and left on the premises shall, at DISTRICT's option, be deemed to be abandoned unless removed
4 pursuant to the provisions of Section 21 of this lease.
5 20. SURRENDER OF POSSESSION. Upon expiration of the term of this lease, or any earlier
6 termination thereof, LESSEE shall surrender to DISTRICT possession of the premises. Upon surrender the
7 premises shall be clean and in good condition, reasonable wear and tear excepted.
8 21. REMOVAL OF PERSONAL PROPERTY. LESSEE may remove or cause to be removed all
9 movable furniture, furnishings and equipment installed in the premises and on the SCHOOL. Any personal
10 property that is not removed therefrom within ten (10) days after the date or the termination of this lease
11 thereafter shall belong to DISTRICT without the payment of any consideration.
12 22. HOLD HARMLESS. LESSOR shall hold harmless, indemnify, including attorney's fees, and
13 defend the LESSEE from any liability for personal injury or property damage arising out of any negligence or
14 intentional acts or omissions by the LESSOR, its agents or employees. LESSEE shall hold harmless,
15 indemnify including attorney's fees, and defend LESSOR from any liability for personal injury or property
16 damage arising out of LESSEE's use of the premises or playground equipment, or installation of playground
17 equipment, pursuant to this Agreement and/or any negligence or intentional acts or omissions by the LESSEE,
18 its agents or employees, but excluding liability due to the sole negligence or willful misconduct of DISTRICT.
19 Nothing in this paragraph shall be deemed or construed to eliminate, affect or alter in any way, any rights or
20 remedies which LESSEE has or may have against other lessees on the DISTRICT's school property for their
21 negligent or intentional acts or omissions.
22 23. LIMITATION ON DISTRICT'S RESPONSIBILITIES. DISTRICT shall not be liable for
23 any damage, compensation or claim for abatement of rent or otherwise by reason of any inconvenience,
24 annoyance, injury, loss or damage arising from the installationoperation or maintenance of any equipment or
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1 service, or from any failure to furnish or keep said equipment or service in operation, when caused by accidents
2 or conditions beyond the reasonable control of DISTRICT, arising from repairs, removal, improvements
3 needful in the judgement of DISTRICT, or because of power failures, labor disturbances or labor disputes of
4 any character. No failure, defect, omission, or delay in famishing installation, operation or maintenance of any
5 equipment or service shall relieve LESSEE from the duty to pay the full amount herein received.
6 Notwithstanding the foregoing in the event that any ofthe aforesaid circumstances prevent LESSEE from using
7 the premises for the purposes set forth in Exhibit 42, for more than 10 consecutive calendar days, LESSEE's
8 rent after such 10 day period for the unusable portion of the premises shall be abated until the premises become
9 tenantable.
10 24. NOTICES. Any notices to be given or other documents to be delivered by any party to the other,
11 or others, hereunder, may be delivered in person to an officer of any party, or may be deposited in the United
12 States mail in the State of California, duly certified or registered, with postage prepaid and addressed to the
13 party for whom it is intended as follows:
14 (a) To DISTRICT at its business office:
15 380 Nova Albion Way
16 San Rafael, CA 94903
17 (b) To LESSEE at its business office:
18 P.O. Box 151560
19 San Rafael, CA 94913-2560
20 25. DEPOSITS. DISTRICT hereby acknowledges receipt of the sum of Two Thousand Five Hundred
21 Thirteen and 32/100 dollars ($2,513.32) for the last month's rent. DISTRICT further acknowledges receipt
22 of the sum of One Hundred Fifty and no/100 dollars ($150.00) as a deposit as security for the cleaning of the
23 premises upon termination of the lease. These amounts shall be shown in more detail on Exhibit #7, attached
24 hereto and incorporated herein and made a part of this agreement. In the event LESSEE shall have fully
Page 10 of 14 pages
1 performed all the terms and conditions of this lease throughout the term hereof, and at the expiration hereof
2 shall not be in default under this lease, then DISTRICT shall return said deposit to LESSEE within 30 days
3 following termination of this lease.
4 26. UNAVOIDABLE DELAY - FORCE MAJEURE. If either party shall be delayed or prevented
5 from the performance of any act required by this lease by reason of acts of God, strikes, lockouts, labor
6 troubles, inability to procure materials, restrictive governmental laws, or regulations or other cause, without
7 fault and beyond the reasonable control of the part obligated (financial inability excepted), performance of such
8 act shall be excused for the period of the delay and the period for the performance of any such act shall be
9 extended for a period equivalent to the period of such delay provided, however, nothing in this section shall
10 excuse LESSEE from the prompt payment of any charge required of LESSEE except as may be expressly
11 provided elsewhere in this lease.
12 27. TOTAL OR PARTIAL DESTRUCTION. In the event that the premises are totally or partially
13 destroyed, DISTRICT shall cause premises to be repaired within the period of 120 days. During the period
14 of repair, LESSEE's rent for the unusable portion of the premises shall be abated. If repairs cannot be
15 completed within 120 days, then either LESSEE or DISTRICT shall have the option to terminate this lease.
16 However, DISTRICT shall have the option to provide LESSEE with comparable facilities, satisfactory to
17 LESSEE, at another School within the Dixie School District, in which case rental per square foot provided by
18 this lease shall be applicable to the alternate space provided and LESSEE shall not have the option to terminate
19 this lease.
20 28. TAXES. LESSEE shall pay any Possessory Use Tax or other Real Estate Tax which may be
21 levied. It shall not be the responsibility of DISTRICT to determine whether or not such taxes are required or
22 due.
23 29. TERMINATION OF LEASE. This lease shall be terminable; (1) by the DISTRICT upon the
24 giving of six (6) months' written notice in the event of sale of premises; (2) by the DISTRICT upon the giving
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1 of six (6) months written notice, if DISTRICT hereafter determines that it has a need to reemploy the premises
2 for the purpose of classroom instruction, or school district use and/or to renovate or reconstruct the existing
3 building for such purpose; (3) by DISTRICT, upon the giving of sixty (60) days written notice, should
4 problems arise of such severity that DISTRICT in reasonable exercise of its discretion, determines that
5 continued use of the premises by LESSEE is not in the best interest of the school district or community; (4)
6 by the DISTRICT on sixty (60) days written notice in the event that LESSEE ceases to employ the premises
7 exclusively for the permitted purposes; (5) by the DISTRICT if the LESSEE fails or refuses to perform any
8 term or provision of this lease if the failure to perform is not cured within sixty (60) days after written notice
9 of same is given by DISTRICT to LESSEE; (6) by the LESSEE upon the giving of six (6) months written
10 notice, if LESSEE hereafter determines that continuation of the child care program is not in the best interest
11 of the city or the community; and (7) by the LESSEE if the DISTRICT fails or refuses to perform any term
12 or provision of this lease if the failure to perform is not cured within sixty (60) days after written notice of same
13 is given by LESSEE to DISTRICT.
14 30. OTHER TERMS.
15 a. DISTRICT shall comply with the Americans with Disabilities Act (ADA) prohibiting
16 discrimination on the basis of disability in the services, leasehold premises and activities it
17 furnishes to the leasehold. Said nondiscrimination includes requirements with regard to
18 making services, premises and activities accessible to individuals with disabilities.
19 LESSEE shall comply with ADA prohibiting discrimination in the services, facilities and
20 activities the City provides on or in DISTRICT facilities.
21 b. This Agreement may be amended only by written consent of the parties.
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IN WITNESS WHEREOF, each of the parties hereto has caused this lease to be executed by its
officers thereunto duly authorized and the corporate seal affixed as of the day and year first above written.
THE TRUSTEES OF THE DIXIE SCHOOL DISTRICT
By:
Whose Title is:�c_t -� �- ==-:✓1 ��
Approved as to form and content by Dixie School District Counsel:
s/Bob Henry
Bob Henry, School and College Legal Services
Attest: THE CITY _ S)R--A-,FAEL)
' J
City Clerk Whose Title is: Mayor
City Attorney
Ap roved as to content:
Appendix attached hereto as Exhibit # 1 through #7 inclusive.
City Manager
Page 13 of 14 pages
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EXHIBIT #I - CITY OF SAN RAFAEL
Premises Leases
All interior space of Rooms
#35, #36 and office at the end
of Wing at Vallecito School, consisting
of 1,890 Sq. Ft.; or comparable space
satisfactory to LESSEE.
Monthly Rent
Per Sq_ Ft.
1997/98
$.60
Plus access to the Gymnasium or Multi -Purpose Room
at each Vallecito School, Dixie School, & Mary Silveira School
between the hours of 3:30 P.M. and 5:30 P.M. each school
day, allowing for occasional exceptions. FLAT RATE
Total Monthly
Rent
$1,134.00
$ 300.00
$1,434.00
1
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EXHIBIT #2 -CITY OF SAN RAFAEL
3 City of San Rafael -will operate a Day Care Center. Programs will include preschool programs, extended
4 preschool, extended day care.
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EXHIBIT #3 - CITY OF SAN RAFAEL
3 Utilitv Cost Estimate Allocation
4 Allocation Factors
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6 Sq. Ft. of Site: 43,000
7 Sq. Ft. of Area for Utilities: 5,730
8 % of Site Leased (Factor) 13.33%
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10 Utilitv Cost Estimate Allocation
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Gas & Electricity
$28,245.00
13
Water/Garbage
12,072.00
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Total Utilities
$40.317.00
15
Factor .1333 x above:
5,374.26
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_ 12 = Monthly Charge
447.85
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18 * This amount will be adjusted to actual cost in June.
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EXHIBrr #4 - CrrY OF SAN RAFAEL
3 Maintenance and Repairs
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EXHIBIT 45 - CPI'Y OF SAN RAFAEL
Fire Insurance Cost Allocation
Allocation Factors
Site % of District Sq. Ft.: 15.64%
Sq. Ft. of Site 43,000
Sq. Ft. of Area 1,890
% of Site Leased (Factor) 4.40%
Fire Insurance Cost Allocation
Annual District Premium $29,689.00
Site % of Total 4,643.00
Factor .0440 s above 204.24
12 =Monthly Charge $ 17.02
I EXHIBrr #6 -CITY OF SAN RAFAEL
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3 Construction
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5 No construction shall be permitted except by written approval of the Dixie School District Board of
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EXHIBIT #7 - THE CITY OF SAN RAFAEL
Deposits
First Month's Rent
Last Month's Rent
Cleaning Deposit
Utilities and Insurance
(First Month)
$2,513.32 (PAID)
$ 150.00 (PAID)
TOTAL ON DEPOSIT $2,663.32 (PAID)
DDGE SCHOOL DISTRICT
Business Service Administration
COMPUTATION OF LEASE COSTS
July 1, 1997 - June 30, 1998
TENANT: CITY OF SAN RAFAEL
SITE: VALLECITO
AREA: TWO REGULAR CLASSROOMS & OFFICE - VALLECITO
ACCESS TO VALLECITO, DDGE
AND MARY SILVEIRA GYMNASIUM
OR MULTI PURPOSE ROOM
DETERMINATION OF FACTOR
Site % of District Sq. Ft.
15.64%
Sq. Ft. of Site
43,000
Sq. Ft. of Area
1,890
% of Site Leased (Factor)
4.40%
BASIC RENT: 1,890 x.60 = $1,134.00 Per Month
Gym and Multi -Purpose Room, Flat Rate $300.00
INSURANCE: Annual District Premium
Site % of total
Factor .0440 x above
=12 =Monthly Charge:
UTILITIES: Gas and Electricity
Water
Garbage
Total Utilities
Factor .1333 x above:
=12 = Monthly Charge
RECAP:
GYM & MP ROOM
INSURANCE
UTILITIES
TOTAL
* This amount will be adjusted annually (June) to actual cost.
$29,689.00
4,643.00
204.24
17.02
$28,245.00
3,007.00
9,065.00
40,317.00
5,374.26*
447.85*
$1,134.00
300.00
17.02
$ 447.85*
$1,898.87*
LEASE
This Lease, made and entered into this 1st day of July, 1997, by and between City of San
Rafael, hereinafter designated as "Lessee", and the Dixie School District of Marin County, California,
hereinafter designated "Lessor", is as follows:
WITNESSETH:
Lessee, for the consideration hereinafter set forth, does hereby lease from Lessor certain
premises subject to the terms and conditions as follows:
1. PREMISES. Lessee hereby leases from Lessor a portion of the facility known as
Dixie School, 1175 Idylberry Road, San Rafael, CA., specifically a space 48'x 40' west of the
kindergarten wing for placement of one double -wide portable building (hereinafter "the Premises").
During the term of the Lease, and for any extension, Lessor also grants to Lessee and Lessee accepts a
license solely for access to the Premises by Lessee, its employees, day care instructors, agents and
clients of the day care program.
1997.
2. TERM. The term of this Lease shall be ten (10) years and shall commence on July 1,
3. USE OF PREMISES. The Premises shall be used by Lessee solely for the operation
of a child day care program.
4. RENT. For consideration for entering into this Lease, Lessee agrees to pay $1.00 per
year payable on July 1 st of each year of the lease tern.
1
uf-% 0
r
tl FNS
5. CONDITION OF. PREMISES. Premises are provided "as -is," subject only to the
conditions set forth in this Lease.
6. CARE. MAINTENANCE AND REPAIR. Lessee at its cost shall provide usual and
customary care to the Premises including custodial and maintenance. Lessee shall be responsible for
and shall pay for any repairs or replacements which are occasioned or made necessary by reason of the
use of said Premises by Lessee or its agents or employees .
7. INSPECTION BY LESSOR Lessee shall permit Lessor or Lessor's agents,
representatives or employees to enter said Premises at all reasonable times and with reasonable notice
for the purpose of inspecting said Premises to determine whether Lessee is complying with the terms of
this Lease and for the purpose of doing other lawful acts that may be necessary to protect Lessor's
interest in said Premises under this Lease or to perform Lessor's duties under this Lease.
S. UTILITIES. Lessor shall bill Lessee for all utilities and services, including without
limitation, garbage, gas, electricity and water for the Premises. Lessee shall be responsible for its own
telephone costs.
9. HOLD HARMLESS. Lessee shall hold harmless, defend and indemnify Lessor, its
officers, agents and employees, from and against any liability, claim, action, cost, damage or loss,
including reasonable costs and attorneys' fees, for injury, including death, to any person or damage to
any property arising out of Lessee's activities under this Lease, but excluding liability due to the sole
negligence or willful misconduct of Lessor. This obligation shall continue beyond the term of this
Lease as to any act or omission which occurred during or under this Lease. This indemnification
obligation is not limited in any way by any limitation on the amount or type of damages or
2
compensation payable to or for Lessee or its employees or agents under workers' compensation acts,
disability benefit acts, or other employee benefit acts.
10. INSURANCE. Lessee is self-insured and participates with other cities and entities in
a joint powers agreement for excess coverage. With respect to this Lease, Lessee shall maintain
insurance, which may be self-insurance, as described below:
(1) Workers' compensation insurance with limits of $1,000,000.00 or more
with an insurance carrier satisfactory to the Lessor in accordance with the Act of the Legislature
of the State of California, known as the "Workers' Compensation Insurance and Safety Act"
originally approved May 26, 1913, and all Act amendments and supplements thereto. Said policy
shall be endorsed with the following specific language: "This policy shall not be canceled or
materially changed without first giving thirty (30) days prior written notice to Lessor. In the
event Lessee is self-insured, it shall furnish a certificate of permission to self -insure, signed by the
Department of Industrial Relations Administration of Self-insurance, Sacramento, California."
(2) Commercial or Comprehensive General Liability insurance covering
bodily injury and property damage utilizing an occurrence policy form, in an amount no less than
$2,000,000.00 combined single limit for each occurrence. Said insurance shall include, but not be
limited to: Premises and operations liability, independent contractors liability, and personal injury
liability.
(3) Lessee shall maintain, in force, for the term of the Lease and any
extensions thereto, fire and extended coverage insurance on the building and its contents.
3
(4) Each said comprehensive or commercial general liability insurance
policy shall be endorsed with the following specific language:
(a) Lessor, its officers and employeesyis named as additional
insured for all liability arising out of the operations by or on behalf of the name insured in the
performance of this Lease.
(b) The inclusion of more than one insured shall not operate to
impair the rights of one insured against another insured, and the coverage afforded shall apply as
though separate policies had been issued to each insured, but the inclusion of more than one
insured shall not operate to increase the limits of the company's liability.
(c) The insurance provided herein is primary coverage to Lessor
with respect to any insurance or self-insurance programs maintained by Lessor and no insurance
held or owned by Lessor shall be called upon to contribute to a loss, except for the sole
negligence of Lessor.
(d) This policy shall not be canceled or materially changed without
first giving thirty (3 0) days prior written notice to Lessor except for non-payment of premium
which shall require ten (10) days prior written notice.
(4) Documentation
The following documentation shall be submitted to Lessor:
(a) Properly executed Certificates of Insurance or Certificates of
Coverage clearly evidencing all coverages, limits, and endorsements required above. Said
certificates shall be submitted prior to the execution of this Lease.
0
(b) - Signed copies of the specified endorsements for each policy.
Said endorsement copies shall be submitted within thirty (30) days of execution of this Lease.
(c) Upon Lessor's written request, certified copies of insurance
policies. Said policy copies shall be submitted within thirty (30) days of Lessor's request.
(5) Policv Oblieations
Lessee's indemnity and other obligations shall not be limited by the
foregoing insurance requirements.
(6) Material Breach
If Lessee, for any reason, fails to maintain insurance coverage
which is required pursuant to this Agreement, the same shall be deemed a material breach of
Lease.
11. ASSIGNMENT. This Lease, or any interest of Lessee therein, shall not be
assignable by Lessee or by operation of law without the written consent of Lessor.
12. COMPLIANCE WITH RULES AND REGULATIONS. The rules and
regulations adopted by Lessor, either now or in the future for the safety, care, and cleanliness of
the Premises and the preservation of good order on the Premises, are expressly made a part of this
Lease, and Lessee agrees to obey all such rules and regulations.
13. COMPLIANCE WITH LAW. Lessee shall not use the Premises or permit
anything to be done in or about the Premises which will in any way conflict with any law, statute,
ordinance or governmental rule or regulation now in force or which may hereafter be enacted or
promulgated. Lessee shall, at its sole cost and expense, promptly comply with all laws, statutes,
5
ordinances and governmental rules, regulations or requirements now in force or which may
hereafter be in force, and with the requirements of any board of fire insurance underwriters or
other similar bodies now or hereafter constituted, relating to, or affecting the condition, use or
occupancy of the Premises, excluding structural changes not related to or affected by Lessee's
improvements or acts.
14. SEVERABILITY. The invalidity or illegality of any provision shall not affect the
remainder of the Lease.
15. AMERICANS WITH DISABILITIES ACT (ADA). Lessee is responsible for
compliance with the Americans with Disabilities Act ("ADA"), its supporting regulations, and all
similar Federal, state or local laws, regulations and ordinances relating to removal of barriers
within the workplace, i.e. arrangement of interior furnishings and access within the Premises, and
any improvements installed by Lessee. If Lessor's consent would be required for alterations to
bring the Premises into compliance, Lessor agrees not to unreasonably withhold its consent.
16. HAZARDOUS MATERIALS ACKNOWLEDGMENTXNVIRONMENTAL
REPRESENTATION AND LIABILITY RELEASE. Lessee acknowledges that various
materials may contain materials that have been or may in the future be determined to be toxic,
hazardous or undesirable and may need to be specially treated, specially handled and/or removed
from the Premises. Such substances may be above and below ground on the Premises or may be
present in soils, water, building components or other portions of the Premises in areas that may or
may not be accessible or noticeable. Lessee shall use and operate the Premises, at all times during
the term hereof, under and in compliance with the laws of the State of California and in
6
compliance with all applicable environmental legal requirements. For any contamination to
Premises due to Lessee's use, Lessee assumes full responsibility for the clean-up of such toxic
hazardous or undesirable materials as required by current and further federal, state and local laws
and regulations. Lessee acknowledges that toxic wastes, hazardous materials and undesirable
substances problems can be extremely costly to correct and Lessee relieves Lessor from all
liability related thereto due to Lessee's use. Lessee therefore agrees that Lessee shall indemnify
and defend and hold Lessor harmless from any claim, liability, damage, cost or expense, including
but not limited to court costs and attorney's fees, arising out of or in any way related to toxic
waste, hazardous material and/or undesirable substance affecting the Premises related to and/or
caused by Lessee's use.
17. CONDITION AT TERMINATION. During the term of this Lease, Lessee shall
at all times maintain the Premises in a good, clean and safe condition. Upon the expiration of the
term of this Lease and any renewals thereof or upon the sooner termination thereof, Lessee shall
surrender to Lessor possession of the Premises. Lessee shall leave the Premises in as good order
and condition as said Premises were in at the beginning of the term of this Lease, ordinary wear
and tear thereof and damage by the elements, fire, earthquake, flood, act of God, or public
calamity excepted.
19. EARLY TERMINATION. Either party may terminate this Lease upon giving
six (6) months written notice to the other.
20. AMENDMENTS. This Lease may be amended only by written consent of both
parties.
7
IN WITNESS WHEREOF, the parties hereto have caused this
Lease to be executed the day and year first above written.
CITY OF SAN RAFAEL
1,2-
�.
Albert J.gfo, Mayor
Attest:
d4�=
M. cirri, City Clerk
Approved as to
ity Attor y Gary T,/Ragghianti
dixieVease
DIXIE SCHOOL DISTRICT
"//W
Cary1 Callson
� ,
Bvsiness.Manager
Approved as to Form:
Susanne K. Reed
LEASE
This Lease, made and entered into this 1st day of July, 1997, by and between City of
San Rafael, hereinafter designated as "Lessee", and the Dixie School District of Marin County,
California, hereinafter designated "Lessor", is as follows:
WITNESSETH:
Lessee, for the consideration hereinafter set forth, does hereby lease from Lessor
certain premises subject to the terms and conditions as follows:
1. PRENUSES. Lessee hereby leases from Lessor a portion of the facility known
as Mary Silveira School, 375 Blackstone Drive, San Rafael, CA, specifically a space 48'x 40'
south of rooms 126 and 127 for placement of one double -wide portable building (hereinafter
"the Premises"). During the term of the Lease, and for any extension, Lessor also grants to
Lessee and Lessee accepts a license solely for access to the Premises by Lessee, its employees,
day care instructors, agents and clients of the day care program.
2. TERM. The term of this Lease shall be ten (10) years and shall commence on
July 1, 1997.
3. USE OF PREMISES. The Premises shall be used by Lessee solely for the
operation of a child day care program.
4. RENT. For consideration for entering into this Lease, Lessee agrees to pay
$1.00 per year payable on July 1 st of each year of the lease term.
1
5 . CONDITION OF PREMISES. Premises are provided "as -is," subject only to the
conditions set forth in this Lease.
6. CARE, MAINTENANCE AND REPAIR. Lessee at its cost shall provide usual and
customary care to the Premises including custodial and maintenance. Lessee shall be responsible for
and shall pay for any repairs or replacements which are occasioned or made necessary by reason of the
use of said Premises by Lessee or its agents or employees .
7. INSPECTION BY LESSOR. Lessee shall permit Lessor or Lessor's agents,
representatives or employees to enter said Premises at all reasonable times and with reasonable notice
for the purpose of inspecting said Premises to determine whether Lessee is complying with the terms of
this Lease and for the purpose of doing other lawful acts that may be necessary to protect Lessor's
interest in said Premises under this Lease or to perform Lessor's duties under this Lease.
8. UTILITIES. Lessor shall bill Lessee for all utilities and services, including without
limitation, garbage, gas, electricity and water for the Premises. Lessee shall be responsible for its own
telephone costs.
9. HOLD HARMLESS. Lessee shall hold harmless, defend and indemnify Lessor, its
officers, agents and employees, from and against any liability, claim, action, cost, damage or loss,
including reasonable costs and attorneys' fees, for injury, including death, to any person or damage to
any property arising out of Lessee's activities under this Lease, but excluding liability due to the sole
negligence or willful misconduct of Lessor. This obligation shall continue beyond the term of this
Lease as to any act or omission which occurred during or under this Lease. This indemnification
obligation is not limited in any way by any limitation on the amount or type of damages or
2
compensation payable to or for Lessee or its employees or agents under workers' compensation acts,
disability benefit acts, or other employee benefit acts.
10. INSURANCE. Lessee is self-insured and participates with other cities and entities in
a joint powers agreement for excess coverage. With respect to this Lease, Lessee shall maintain
insurance, which may be self-insurance, as described below:
(1) Workers' compensation insurance with limits of $1,000,000.00 or more
with an insurance carrier satisfactory to the Lessor in accordance with the Act of the Legislature
of the State of California, known as the "Workers' Compensation Insurance and Safety Act"
originally approved May 26, 1913, and all Act amendments and supplements thereto. Said policy
shall be endorsed with the following specific language: "This policy shall not be canceled or
materially changed without first giving thirty (3 0) days prior written notice to Lessor. In the
event Lessee is self-insured, it shall furnish a certificate of permission to self -insure, signed by the
Department of Industrial Relations Administration of Self-insurance, Sacramento, California."
(2) Commercial or Comprehensive General Liability insurance covering
bodily injury and property damage utilizing an occurrence policy form, in an amount no less than
$2,000,000.00 combined single limit for each occurrence. Said insurance shall include, but not be
limited to: Premises and operations liability, independent contractors liability, and personal injury
liability.
(3) Lessee shall maintain, in force, for the term of the Lease and any
extensions thereto, fire and extended coverage insurance on the building and its contents.
3
(4) Each said comprehensive or commercial general liability insurance
policy shall be endorsed with the following specific language:
(a) Lessor, its officers and employees,is named as additional
insured for all liability arising out of the operations by or on behalf of the name insured in the
performance of this Lease.
(b) The inclusion of more than one insured shall not operate to
impair the rights of one insured against another insured, and the coverage afforded shall apply as
though separate policies had been issued to each insured, but the inclusion of more than one
insured shall not operate to increase the limits of the company's liability.
(c) The insurance provided herein is primary coverage to Lessor
with respect to any insurance or self-insurance programs maintained by Lessor and no insurance
held or owned by Lessor shall be called upon to contribute to a loss, except for the sole
negligence of Lessor.
(d) This policy shall not be canceled or materially changed without
first giving thirty (30) days prior written notice to Lessor except for non-payment of premium
which shall require ten (10) days prior written notice.
(4) Documentation
The following documentation shall be submitted to Lessor:
(a) Properly executed Certificates of Insurance or Certificates of
Coverage clearly evidencing all coverages, limits, and endorsements required above. Said
certificates shall be submitted prior to the execution of this Lease.
(b) Signed copies of the specified endorsements for each policy.
Said endorsement copies shall be submitted within thirty (30) days of execution of this Lease.
(c) Upon Lessor's written request, certified copies of insurance
policies. Said policy copies shall be submitted within thirty (30) days of Lessor's request.
(5) Policv Oblieations
Lessee's indemnity and other obligations shall not be limited by the
foregoing insurance requirements.
(6) Material Breach
If Lessee, for any reason, fails to maintain insurance coverage
which is required pursuant to this Agreement, the same shall be deemed a material breach of
Lease.
11. ASSIGNMENT. This Lease, or any interest of Lessee therein, shall not be
assignable by Lessee or by operation of law without the written consent of Lessor.
12. COMPLIANCE WITH RULES AND REGULATIONS. The rules and
regulations adopted by Lessor, either now or in the future for the safety, care, and cleanliness of
the Premises and the preservation of good order on the Premises, are expressly made a part of this
Lease, and Lessee agrees to obey all such rules and regulations.
13. COMPLIANCE WITH LAW. Lessee shall not use the Premises or permit
anything to be done in or about the Premises which will in any way conflict with any law, statute,
ordinance or governmental rule or regulation now in force or which may hereafter be enacted or
promulgated. Lessee shall, at its sole cost and expense, promptly comply with all laws, statutes,
5
ordinances and governmental rules, regulations or requirements now in force or which may
hereafter be in force, and with the requirements of any board of fire insurance underwriters or
other similar bodies now or hereafter constituted, relating to, or affecting the condition, use or
occupancy of the Premises, excluding structural changes not related to or affected by Lessee's
improvements or acts.
14. SEVERABILITY. The invalidity or illegality of any provision shall not affect the
remainder of the Lease.
15. AMERICANS WITH DISABILITIES ACT (ADA). Lessee is responsible for
compliance with the Americans with Disabilities Act ("ADA"), its supporting regulations, and all
similar Federal, state or local laws, regulations and ordinances relating to removal of barriers
within the workplace, i.e. arrangement of interior furnishings and access within the Premises, and
any improvements installed by Lessee. If Lessor's consent would be required for alterations to
bring the Premises into compliance, Lessor agrees not to unreasonably withhold its consent.
16. HAZARDOUS MATERIALS ACKNOWLEDGMENT ENVIRONMENTAL
REPRESENTATION AND LIABILITY RELEASE. Lessee acknowledges that various
materials may contain materials that have been or may in the future be determined to be toxic,
hazardous or undesirable and may need to be specially treated, specially handled and/or removed
from the Premises. Such substances may be above and below ground on the Premises or may be
present in soils, water, building components or other portions of the Premises in areas that may or
may not be accessible or noticeable. Lessee shall use and operate the Premises, at all times during
the term hereof, under and in compliance with the laws of the State of California and in
compliance with all applicable environmental legal requirements. For any contamination to
Premises due to Lessee's use, Lessee assumes full responsibility for the clean-up of such toxic,
hazardous or undesirable materials as required by current and further federal, state and local laws
and regulations. Lessee acknowledges that toxic wastes, hazardous materials and undesirable
substances problems can be extremely costly to correct and Lessee relieves Lessor from all
liability related thereto due to Lessee's use. Lessee therefore agrees that Lessee shall indemnify
and defend and hold Lessor harmless from any claim, liability, damage, cost or expense, including
but not limited to court costs and attorney's fees, arising out of or in any way related to toxic
waste, hazardous material and/or undesirable substance affecting the Premises related to and/or
caused by Lessee's use.
17. CONDITION AT TERMINATION. During the term of this Lease, Lessee shall
at all times maintain the Premises in a good, clean and safe condition. Upon the expiration of the
term of this Lease and any renewals thereof or upon the sooner termination thereof, Lessee shall
surrender to Lessor possession of the Premises. Lessee shall leave the Premises in as good order
and condition as said Premises were in at the beginning of the term of this Lease, ordinary wear
and tear thereof and damage by the elements, fire, earthquake, flood, act of God, or public
calamity excepted.
19. EARLY TERMINATION. Either party may terminate this Lease upon giving
six (6) months written notice to the other.
parties.
20. AMENDMENTS. This Lease may be amended only by written consent of both
7
IN WITNESS WHEREOF, the parties hereto have caused this
Lease to be executed the day and year first above written.
CITY OF SAN RAFAEL
Attest:
Yean'he M. Leon6ini, City Clerk
Approved as
/ Z ". ' 4 z -rte
City Attorney Gary/,V. Ragghianti
dixieUease
DIXIE SCHOOL DISTRICT
� !/ // // �
Il'
Cary
Callson,
Business Manager
Approved as to Form:
Susanne K. Reed