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Home My WebLink AboutCC Resolution 9453 (SR School Classroom Lease)RESOLUTION NO. 9453 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The CITY MANAGER is authorized to execute, on behalf of the City of San Rafael a contract, lease or agreement with Resolution approving leases with the San Rafael School District for classroom space at Short, San Pedro and Gallinas Schools for Child Care services for three years, July 1, 1995 through June 30, 1998. a copy of which is 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 REGTjLAR meeting of the City Council of said City held on MONDAY the 2ND day of OCTOBER 1995 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, zappetini + and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None IL dMK 'RSR : J ANNE .'LEONCINI, CitCle k `1 y OR19INRI��3 LEASE AGREEMENT RENTAL OF CLASSROOMS SHORT SCHOOL This LEASE made and entered into this 17th day of July 1995 by and between the CITY OF SAN RAFAEL, hereinafter "City" and SAN RAFAEL SCHOOL DISTRICT, hereinafter "District." FOR AND IN consideration of mutual promises, covenants and conditions hereinafter contained, the parties agree as follows: 1. City hereby leases the two main buildings, excepting the building at the south east corner of the property known as Short School, located at 35 Marin Street, San Rafael, CA 94901, hereinafter "premises," from District. The term of the rental will commence July 1, 1995 and end June 30, 1998. 2. City agrees to pay District the following monthly rental rate by the first of each month for such rental: July 1, 1995 - June 30, 1996 $ 3,578.00/month July 1, 1996 - June 30, 1997 $ 3,757.00/month July 1, 1997 - June 30, 1998 $ 3,945.00/month 3. City agrees that the rental premises will be used only for the purpose of providing a child day care program. 4. District shall maintain, in force, general liability insurance in the amount of $9,000,000 and the existing fire and extended coverage insurance on the ell f 1 ANN,), buildings. Such fire and extended insurance coverage are at replacement cost based on Fair Market Value. 5. It shall be the responsibility of the City to maintain in force during the term of this Agreement, public liability insurance of $10,000,000, naming District as an additional insured. It shall further be the responsibility of the City to maintain appropriate insurance on its own equipment contained in the building. District acknowledges and agrees that City's participation in the California Joint Powers Authority for excess liability coverage satisfies the City's obligation under this section. 6. District shall hold harmless, indemnify, including attorney's fees, and defend the City from any such liability for personal injury or property damage arising out of structural defects and/or maintenance of the rental premises and/or any negligence or intentional acts or omissions by the district, its agents or employees except where caused by the active negligence, sole negligence or willful misconduct of City. City shall hold harmless, indemnify, including attorney's fees, and defend the District from any such liability for personal injury or property damage arising out of structural defects and/or maintenance of the rental premises and/or any negligence or intentional acts or omissions by the district, its agents or employees except where caused by the active negligence, sole negligence or willful misconduct of District. 7. City will pay the costs of utilities, alarms, garbage, minor maintenance and custodial operations. If other portions of Short School are rented by the school district to other tenants, District will require the other tenants to pay a pro -rated 2 share of the total utility costs described above based on the amount of square footage leased. Other tenants will be billed by the City for such costs. 8. District is responsible for major maintenance of the plant, including roofs, asphalt surfaces, heating and air conditioning and major plumbing repairs. 9. The City shall not make structural alterations to the premises without first receiving written permission from District. 10. The City shall not sub -lease or assign the use of any portion of the rental premises without the written approval of the District Administration. 1 1. District shall comply with the Americans with Disabilities Act (ADA) prohibiting discrimination on the basis of disability in the services, leasehold premises and activities it furnishes to the leasehold. Said non-discrimination includes requirements with regard to making services, premises and activities accessible to individuals with disabilities. 12. City shall comply with the Americans with Disabilities Act (ADA) prohibiting discrimination on the basis of disability in the services, facilities and activities the City provides on or in District facilities. 13. Either party may terminate this agreement upon giving 60 days written notice to the other. 14. This agreement may be amended only by written consent of both parties. 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF SAN RAFAEL Albe4 J. Bor ayor ATTEST: SAN RAFAEL SCHOOL DISTRICT rintendent Approved by the Board of Education 6o% Janne '_V Leoncini, City C er July 17, 1995 APPROVED AS TO CONTENT: Suzanne t, Acting City Manager APPROVED AS TO FORM: i/ a T. agghianti, City Attorney PRP:CityShrt Ii Thomas E. Solis, Director of Business Services LEASE AGREEMENT RENTAL OF CLASSROOMS SAN PEDRO ELEMENTARY SCHOOL This LEASE made and entered into this 17th day of July 1995 by and between the CITY OF SAN RAFAEL, hereinafter "City" and SAN RAFAEL SCHOOL DISTRICT, hereinafter "District." FOR AND IN consideration of mutual promises, covenants and conditions hereinafter contained, the parties agree as follows: 1. City hereby leases one classroom, located at San Pedro School, at 498 Pt. San Pedro Road, San Rafael, CA 94901, hereinafter "premises," from District. The term of the rental will commence July 1, 1995 and end June 30, 1998. 2. City agrees to pay District the following monthly rental rate by the first of each month for such rental: July 1, 1995 - June 30, 1996 $ 100.00/month July 1, 1996 - June 30, 1997 $ 100.00/month July 1, 1997 - June 30, 1998 $ 100.00/month 3. City agrees that the rental premises will be used only for the purpose of providing a child day care program. 4. District shall maintain, in force, general liability insurance in the amount of $9,000,000 and the existing fire and extended coverage insurance on the buildings. Such fire and extended insurance coverage are at replacement cost based on Fair Market Value. 5. It shall be the responsibility of the City to maintain in force during the term of this Agreement, public liability insurance of $10,000,000, naming District as an additional insured. It shall further be the responsibility of the City to maintain appropriate insurance on its own equipment contained in the building. District acknowledges and agrees that City's participation in the California Joint Powers Authority for excess liability coverage satisfies the City's obligation under this section. 6. District shall hold harmless, indemnify, including attorney's fees, and defend the City from any such liability for personal injury or property damage arising out of structural defects and/or maintenance of the rental premises and/or any negligence or intentional acts or omissions by the district, its agents or employees except where caused by the active negligence, sole negligence or willful misconduct of City. City shall hold harmless, indemnify, including attorney's fees, and defend the District from any such liability for personal injury or property damage arising out of structural defects and/or maintenance of the rental premises and/or any negligence or intentional acts or omissions by the district, its agents or employees except where caused by the active negligence, sole negligence or willful misconduct of District. 7. District will provide utilities, maintenance and custodial operations for rental premises free of charge to the City. 7 8. District shall comply with the Americans with Disabilities Act (ADA) prohibiting discrimination on the basis of disability in the services, leasehold premises and activities it furnishes to the leasehold. Said non-discrimination includes requirements with regard to making services, premises and activities accessible to individuals with disabilities. City shall comply with the Americans with Disabilities Act (ADA) prohibiting discrimination on the basis of disability in the services, facilities and activities the City provides on or in District facilities. 9. Either party may terminate this agreement upon giving 60 days written notice to the other. 10. This agreement may be amended only by written consent of both parties. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF SAN RAFAEL AelbeKt J. B ,Mayor SAN RAFAEL SCHOOL DISTRICT �M ffrey lackwell, Superintendent _Nfldu4f, L 0[&e k- Approved by the Board of Education J a'nne Leoncini, City Clerk '1 July 17, 1995 3 APPROVED AS TO CONTENT: Suzanne G2j-t; =Acting City Manager APPROVED AS TO FORM: G � 1 Gary T. Ragghianti, City Attorney PRP:CitySP 0 Thomas E. Solis, Director of Business Services LEASE AGREEMENT RENTAL OF CLASSROOMS GALLINAS ELEMENTARY SCHOOL This LEASE made and entered into this 17th day of July 1995 by and between the CITY OF SAN RAFAEL, hereinafter "City" and SAN RAFAEL SCHOOL DISTRICT, hereinafter "District." FOR AND IN consideration of mutual promises, covenants and conditions hereinafter contained, the parties agree as follows: 1. City hereby leases one classroom, located at Gallinas School, at 177 N. San Pedro Road, San Rafael, CA 94903, hereinafter "premises," from District. The term of the rental will commence July 1, 1995 and end June 30, 1998. 2. City agrees to pay District the following monthly rental rate by the first of each month for such rental: July 1, 1995 - June 30, 1996 $ 405.00/month July 1, 1996 - June 30, 1997 $ 420.00/month July 1, 1997 - June 30, 1998 $ 435.00/month 3. City agrees that the rental premises will be used only for the purpose of providing a child day care program. 4. District shall maintain, in force, general liability insurance in the amount of $9,000,000 and the existing fire and extended coverage insurance on the buildings. Such fire and extended insurance coverage are at replacement cost based on Fair Market Value. 5. It shall be the responsibility of the City to maintain in force during the term of this Agreement, public liability insurance of $10;000,000, naming District as an additional insured. It shall further be the responsibility of the City to maintain appropriate insurance on its own equipment contained in the building. District acknowledges and agrees that City's participation in the California Joint Powers Authority for excess liability coverage satisfies the City's obligation under this section. 6. District shall hold harmless, indemnify, including attorney's fees, and defend the City from any such liability for personal injury or property damage arising out of structural defects and/or maintenance of the rental premises and/or any negligence or intentional acts or omissions by the district, its agents or employees except where caused by the active negligence, sole negligence or willful misconduct of City. City shall hold harmless, indemnify, including attorney's fees, and defend the District from any such liability for personal injury or property damage arising out of structural defects and/or maintenance of the rental premises and/or any negligence or intentional acts or omissions by the district, its agents or employees except where caused by the active negligence, sole negligence or willful misconduct of District. 7. District will provide utilities, maintenance and custodial operations for rental premises free of charge to the City. K 8. District shall comply with the Americans with Disabilities Act (ADA) prohibiting discrimination on the basis of disability in the services, leasehold premises and activities it furnishes to the leasehold. Said non-discrimination includes requirements with regard to making services, premises and activities accessible to individuals with disabilities. City shall comply with the Americans with Disabilities Act (ADA) prohibiting discrimination on the basis of disability in the services, facilities and activities the City provides on or in District facilities. 9. Either party may terminate this agreement upon giving 60 days written notice to the other. 10. This agreement may be amended only by written consent of both parties. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF SAN RAFAEL Jeanne . Leoncini, City Glerli.. SAN RAFAEL SCHOOL DISTRICT 3 Approved by the Board of Education July 17, 1995 "TINSeidl►►-IWAIRS �hI�P■ ��# Suzanne Gott/ Acting City Manager APPROVED AS TO FORM: Gary T. Ragghianti, City Attorney PRP:CityGa 2 Thomas E. Solis, Director of Business Services