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Home My WebLink AboutCC Resolution 9329 (Library Book Sale)RESOLUTION NO 9329 - RESOLUTION 324 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 DIXIE SCHOOL DISTRICT FOR USE OF OAK VIEW SCHOOL FOR STORAGE SPACE FOR BOOKS FOR LIBRARY BOOK SALE I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael hereby certify that the foregoing resolution was duly and regularly introduced and adopted at aReT meeting of the City Council of said City held on Mondav the Seventeenth day of April , 1995, by the following vote to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips JE M. LEONCINI, City Clerk ORIGIN! ALIVA?.A LcASE AGREEMENT BET 1NE_V VlAlt UIJ I r -m-, I r�Iva✓ CIT`! OF S RAFAEL FOR USE OF OAK VIEW -�HOOL FOR STORAGE SPACE This AGREEMENT is made and entered into this Zday of qpr'► 1995 by and between the DIXIE SCHOOL DISTRICT (hereinafter referred to as SCHOOL DISTRICT) and the CITY OF SAN RAFAEL. AGREEMENT Section 1. Description of Leased Space. SCHOOL DISTRICT leases to CITY OF SAN RAFAEL certain space located at Oak View School located at 70 Skyview Terrace, San Rafael, California. Section 2. Use of Leased Space. CITY OF SAN RAFAEL shall use leased space for storage of books and magazines and for no other purpose. Section 3. Tenn of Lease. the premises described shall be leased to the CITY OF SAN RAFAEL on a month-to-month basis. Section 4. Rent. CITY OF SAN RAFAEL shall pay the SCHOOL DISTRICT Sixty Dollars ($60.00) a month for the tens of this lease, inclusive of utilities. Section 5. Restrictions on Use. CITY OF SAN RAFAEL shall not use nor permit others to use the lease space or Oak View School, or any part thereof, for any purposes other than those set forth herein. CITY OF SAN RAFAEL shall neither permit on its leased space, or anywhere on Oak View School premises, any act, sale, or storage that may be prohibited under standard forms of fire or liability insurance policies, nor use said premises for any such purpose. Section 6. Personal Property Remaining on Premises. After CITY OF SAN RAFAEL vacates the premises, either by expiration of the term, termination of the lease, or abandonment, CITY OF SAN RAFAEL must remove all property belonging to it immediately. After receipt of the written notice required by law from SCHOOL DISTRICT concerning disposition of any property left on the premises by CITY OF SAN RAFAEL, CITY OF SAN RAFAEL shall be responsible for all reasonable costs of storing such property. The personal property will only be released to CITY OF SAN RAFAEL upon payment of reasonable storage costs to SCHOOL DISTRICT. Section 7. Liability Insurance. a. CITY OF SAN RAFAEL is self-insured and participates with other cities and public entities in the California Joint Powers Risk Management Authority for excess coverage in the amount of $10,000,000 with a $500,000 self-insured retention. CITY OF SAN RAFAEL shall provide a Certificate of Coverage naming SCHOOL DISTRICT as an additional insured in the amount of $500,000 above the self- insured retention amount, and such other proof of excess coverage as SCHOOL DISTRICT may reasonably request. CITY OF SAN RAFAEL is authorized hereunder to self -insure its own materials or to procure insurance coverage therefore. b. The SCHOOL DISTRICT is self-insured and participates with other school districts LEASE AGREE_l1E y I 13L INV r.C._V ULNIL Jt,nvvL. "to i iu. ...... ... �___ RAFAEL FOR USE OFC VIEW SCHOOL FOR STORAGE' ^ iLCE P4GE in the Marin Schools Insurance Authority for excess coverage in the amount $1,000;000 with a $25,000 self-insured retention. The SCHOOL DISTRICT shall provide a certificate of coverage naming CITY OF SAN RAFAEL as an additional insured. Section 3. Hold Harmless. SCHOOL DISTRICT snail hold harmless, indemnify, including attorney's fees, and defend CiTY OF SAN RAFAEL from any liability for personal injury or property damage arising out of any negligence or intentional acts or omissions by SCHOOL DISTRICT, its agents or employees. CITY OF SAN RAFAEL shall hold harmless, indemnify including attomey's fees, and defend SCHOOL DISTRICT from any liability or personal injury or property damage arising out of CITY OF SAN RAFAEL's use of the premises, pursuant to this Agreement and/or any negligence or intentional acts or omissions by CITY OF SAN RAFAEL, its agents or employees. Nothing in this paragraph shall be deemed or construed to eliminate, affect or alter in any way, any rights or remedies which CITY OF SAN RAFAEL has or may have against other lessees on the SCHOOL DISTRICT's property for their negligent or intentional acts or omissions. Section 9. Alterations and Modification; Repairs. CITY OF SAN RAFAEL is renting the leased space "as is." Restoration and repairs will be at the will of the SCHOOL DISTRICT staff. Section 10. Keys. CITY OF SAN RAFAEL will be assigned three (3) keys to the classroom it is renting at Oak View School. Section 11. Arbitration. All claims or disputes between the SCHOOL DISTRICT and CITY OF SAN RAFAEL relating to this Agreement shall be resolved by arbitration in accordance with the rules of the American Arbitration Association conducted in Marin County under the laws of the State of California. The decision of the arbitrator shall be final and binding on the parties. Interpreting the provisions of the Agreement, the arbitrator may make an award of costs and fees, including attorney's fees necessitated by arbitration. Section 12. Destruction of Premises. in the event of a partial destruction of the premises during the term caused by natural disasters, the SCHOOL DISTRICT shall have the option of refusing to repair or replace the premises, and the duty to pay rental under this lease shall terminate as of the date of the disaster. CITY OF SAN RAFAEL shall be liable for the costs of all damages caused by the negligence of CITY OF SAN RAFAEL, and there will be no abatement of rent or termination of this lease for these damages. Section 13. Assignment and Sublease. CITY OF SAN RAFAEL shall not assign any right or duties under this lease or sublet the premises or any part thereto, nor allow any other person to occupy or use the premises without the prior written consent of the SCHOOL DISTRICT. A consent to one assignment, sublease or occupation or use by any other person shall not be a consent to any subsequent assignment, sublease, or occupation or use by another person. Any assignment or subletting without consent shall be void. This lease shall not be assignable, as to the interest of :;TY OF SAN RAFAEL, by operation of law, withou+ 'he written consent of LEASE AGREEMENT BETWEEN DIXIE SCHOOL DISTRICT AND CII -Y OF SAN RAFAEL FOR USE OF O. VIEW SCHOOL FOR STORAGE S' -E PAGE 3 SCHOOL DISTRICT. Section 14. Breach or Default. If either party fails to perform or comply with any of the covenants or conditions of this lease and such failure continues for a period of ten (10) days after receipt of written notice thereof from the other party, the party given such notice shall be in breach of and shall be considered in default of the lease agreement. Section 15. Compliance with All Laws. CITY OF SAN RAFAEL shall be responsible to comply with all federal, state, and local laws and regulations. Section 16. Integration Clause. This written lease constitutes the whole of the agreement between the SCHOOL DISTRICT and CITY OF SAN RAFAEL. No oral representations or statements of any kind shall modify the terms of this lease agreement. Any Modification or revision of the terms of this lease agreement shall be in writing and signed by the parties. Section 17. Termination and Notice. This agreement may be terminated by the SCHOOL DISTRICT or CITY OF SAN RAFAEL at any time upon thirty (30) days after mailing or service of a written notice. Any such notice shall be addressed to CITY OF SAN RAFAEL at 1100 E Street, San Rafael, CA 94901; and to the DIXIE SCHOOL DISTRICT at 380 Nova Albion Way, San Rafael, CA 94903. DIXIE SCHOOL DISTRICT CITY OF SAN RAFAEL PAMELA J. NICOtAI, City Manager ATTEST: JF,ANNE M. LEON INI, City Clerk APP VED AS TO FORM: GARY T. RAGGHIANTI, City Attorney