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HomeMy WebLinkAboutCC Resolution 9280 (Dixie School Facility Use)RESOLUTION NO. 9280 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 : Dixie School District for Use of Classrooms at Vallecito, Mary E. Silveira and Dixie Elementary Schools for Child Care Programs 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 Regular meeting of the City Council of said City held on Tuesday the 3rd day of January, 1995 by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Zappetini JE NE M. LEIONCINI, CITY CLERK ORIGINAL qA0 1 THIS LEASE is entered into as of the 1st day of September 1994 by and between THE 2 TRUSTEES OF THE DIXIE SCHOOL DISTRICT, herein referred to as DISTRICT and THE 3 CITY OF SAN RAFAEL, herein referred to as LESSEE. 4 WHEREAS, DISTRICT is authorized by the provisions of Education Code Section 39360.3 5 to lease any real property, together with personal property thereon, belonging to the DISTRICT 6 which is not currently 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 11 charges and of the performance of all the covenants, terms, and conditions hereinafter provided to 12 be observed and performed by LESSEE, DISTRICT hereby leases to LESSEE real property 13 consisting of 5,746 square feet, located at the Dixie School, 1175 Idlyberry and Vallecito School, 50 14 Nova Albion Way, and Mary E. Silveira School, 375 Blackstone Drive, ("SCHOOLS") in the Dixie 15 School District, County of Marin, State of California. Exhibit # 1, attached hereto and incorporated 16 herein and made a part of this lease agreement, outlines the space described above which is the 17 subject of this lease, which space is herein referred to as the "Premises". This lease shall be for the 18 term, at the rental and for the use and purposes, and upon and subject to the covenants, conditions, 19 and reservations, and restrictions herein set forth. 20 2. ADDITIONAL LICENSE FOR ANCILLARY FACILITIES. LESSEE shall have the 21 right to nonexclusive use of ancillary facilities at the SCHOOL, including shared walkways and 22 shared corridors. 23 LESSEE shall have the right to exclusive use of that portion of the parking facilities at the 24 SCHOOL which is designated by DISTRICT. In designating the parking space available for the Page 1 of 14 pages NO, =a-\ W. Nm I exclusive use of LESSEE, DISTRICT shall allocate available parking space among lessees at the 2 SCHOOL in approximately the same proportion as the amount of space leased by each lessee at 3 the SCHOOL as well as the type of use intended by LESSEE. In designating the parking space 4 available to each lessee at the SCHOOL, DISTRICT shall use reasonable, good faith efforts to 5 allocate space at locations which are close to the space leased by each lessee and shall use 6 reasonable efforts to keep space allocated to each lessee contiguous. The decision of DISTRICT 7 made in accordance with the foregoing standards shall be final. 8 LESSEE shall have the right to nonexclusive use of playgrounds and other grounds at the 9 SCHOOL, for uses consistent with the nature of those playgrounds and other grounds. However, 10 LESSEE acknowledges and agrees that DISTRICT shall be entitled to make playgrounds and 11 grounds available to community and all lessees at the SCHOOL on a fair and reasonable basis, 12 DISTRICT shall be entitled to make reasonable, good faith determinations allocating the time 13 during which playgrounds and grounds shall be set aside for uses by lessees and by the community. 14 DISTRICT shall make such determinations with a view to permitting maximum use by all lessees 15 and the community with a minimum of conflict. In making such determination, DISTRICT shall 16 take into account the nature of each lessee's activities and periods of maximum use of the facilities, 17 the amount of space leased by each lessee, the periods of maximum community use. The decision 18 of DISTRICT made in accordance with the foregoing standards shall be final. 19 3. TERM. The premises are leased for the term of thirty-four months commencing 20 September 1, 1994 and ending June 30, 1997 subject, however, to earlier termination as hereinafter 21 provided. 22 4. HOLDING OVER. This lease shall terminate and become null and void without further 23 notice upon expiration of the term specified. Further occupancy shall be subject to a new lease. 24 5. USES AND PURPOSES. During the term of this lease, LESSEE may use the subject Page 2 of 14 pages 1 space as set forth in Exhibit #1 and outlined in paragraph 1 of this agreement for the purpose of 2 operation by LESSEE of the business and activity as described in Exhibit #2, attached hereto and 3 incorporated by reference herein, and made a part of this lease agreement. Any other use except 4 by specific written permission of DISTRICT is specifically prohibited. 5 During the term, LESSEE shall at its sole cost and expense, at all times during said term, 6 conform to and cause all persons using or occupying any part of said premises to comply with all 7 public laws, ordinances, regulations, use permits, and business licenses from time to time applicable 8 thereto and all operations thereon. 9 6. RENTAL. LESSEE agrees to pay DISTRICT the sum of $.51 per square foot, per 10 month between 9/1/94 and 6/30/95; $.54 per square foot per month between 7/1/95 and 6/30/96; 11 $.57 per square. foot per month between 7/1/96 and 6/30/97 for all the enclosed space which is 12 described within Exhibit #1. Exhibit #1 shall indicate the agreed upon number of square feet. 13 Ancillary facilities such as shared parking, shared playground, shared sidewalks and corridors shall 14 be made available at no cost to LESSEE. This paragraph refers only to basic space rental. Other 15 costs which apply to the services of utilities, insurance, custodial, and maintenance are treated 16 elsewhere and are equally a part of this entire lease agreement. 17 Rent shall be payable monthly in advance on the first of the month. Should LESSEE fail 18 to pay the rental payments to LESSOR within ten (10) days after the due date thereof, LESSEE 19 shall pay to LESSOR interest on such delinquent payment from the due date until paid, at the rate 20 of 18% per annum of 1.5% per month. 21 7. DEFAULT. If LESSEE shall fail to pay any rent or other amount herein provided for 22 after same becomes due and payable, or if LESSEE fails to perform any other provision hereof 23 within thirty (30) days after LESSOR shall have demanded in writing performance thereof, or if 24 LESSEE shall abandon the facilities, LESSOR shall have the right and option, but shall not be Page 3 of 14 pages I obligated, to exercise any one or more of the following remedies: 2 a. Declare lease in default and become entitled to all rentals due and possession of the 3 property. 4 b. LESSOR may dispose of the equipment in any manner LESSOR chooses to compensate 5 past due lease monies. 6 c. "LESSOR may re -lease the facilities at such rental and upon such terms and conditions 7 as LESSOR, in its sole discretion deems reasonable. If the LESSOR chooses this option 8 (7c) it will make a good faith effort to re -lease the facilities. Any rent received from the 9 re -lease will be used to mitigate future rents due by the LESSEE but will not negate any 10 past indebtedness for rents owed prior to the re -lease. 11 8. UTILITIES. LESSEE shall pay District monthly for all water, gas, heat, light, power, 12 garbage, telephone service and all other service metered to the premises. DISTRICT further 13 reserves the right to install, at DISTRICT expense, separate meters for any public utility servicing 14 the premises for which a meter is not presently installed in which event LESSEE shall make 15 payments when due directly to the public utility involved. When separate metering systems are not 16 employed, DISTRICT shall charge a pro rata share of the utilities cost for the entire school based 17 upon DISTRICT records and upon DISTRICT's best estimate. In this event, DISTRICT will make 18 an annual adjustment to utilities between May 1 and July 1 each year based upon actual costs and 19 LESSEE shall remit or receive the adjustment within thirty (30) days of notification of adjustment. 20 Utility costs and estimates for this lease shall be spelled out in detail on Exhibit #3, attached hereto 21 and incorporated herein and made a part of this lease agreement. Within 20 days after the notice 22 of annual adjustment of utilities, LESSEE shall be entitled to review the utility statements and 23 DISTRICT records upon which the adjustment is based. 24 If at any time LESSEE is in disagreement with the prorated estimate of utilities cost, Page 4 of 14 pages 1 LESSEE shall be granted permission to install, at LESSEE's expense, separate meters and 2 thereafter pay only the metered rate. 3 9. CUSTODIAL CLEANING SERVICES. LESSEE shall provide its own custodial 4 services, either by its own staff or through utilization of various commercial concerns which provide 5 this service. DISTRICT assumes no responsibility for custodial services, unless so stipulated in 6 writing to LESSOR from LESSEE. 7 10. MAINTENANCE AND REPAIRS. DISTRICT shall maintain and keep repaired the 8 roof, exterior surfaces, heating and air conditioning facilities, and electrical and plumbing facilities 9 of the buildings in which the premises are located and ancillary facilities and grounds of the 10 SCHOOL. Such maintenance and repairs shall be at the expense of the DISTRICT except for 11 maintenance and repairs which are caused by the willful or negligent acts of LESSEE or its invitees. 12 The level of such maintenance and repairs shall be comparable to the level of effort that occurs at 13 other DISTRICT sites which are utilized by DISTRICT for educational purposes. 14 Maintenance and repairs of the premises, except maintenance and repairs required by 15 normal wear and tear, shall be at the expense of the LESSEE. DISTRICT shall not be required 16 nor expected to provide maintenance and repairs to the premises necessitated by the willful or 17 negligent acts of LESSEE or its invitees, or by acts of vandalism to the premises which are beyond 18 the control of DISTRICT. Specific details of maintenance which differ from that specified above 19 shall be prescribed on Exhibit #4, attached hereto and incorporated herein and made a part of this 20 lease agreement. 21 It is stipulated by LESSEE, by entry into possession, that premises are in good condition, 22 reasonable wear and tear excepted. 23 Any maintenance and repairs of the premises not required to be performed at the expense 24 of DISTRICT and requested by LESSEE, shall be performed by DISTRICT at the expense of the Page 5 of 14 pages 1 LESSEE, for which DISTRICT shall charge LESSEE the same rate which DISTRICT charges its 2 own schools and other public agencies at the time the service is performed. 3 11. GROUNDS. It is stipulated and expressly noted by both parties that DISTRICT has, 4 and will continue, to make grounds available for open community use in the same manner as in the 5 past. Therefore, DISTRICT assumes responsibility for grounds maintenance and landscape 6 grooming to the same extent and to the same level of effort that occurs at other DISTRICT sites 7 which are utilized for educational purposes. DISTRICT recognizes that some minor landscaping 8 changes may be requested in those areas immediately adjacent to the subject leased space and will 9 consider any improvements requested by LESSEE at LESSEE'S expense. 10 12. LIABILITY INSURANCE. 11 a. The LESSEE is self-insured and participates with other cities and public entities in 12 the California Joint Powers Risk Management Authority for excess coverage in the 13 amount of $10,000,000 with a $500,000 self-insured retention. The LESSEE shall 14 provide a Certificate of Coverage naming DISTRICT as an additional insured in the 15 amount of $500,000 above the self-insured retention amount, and such other proof 16 of excess coverage as DISTRICT may reasonably request. The LESSEE is 17 authorized hereunder to self -insure its own equipment or to procure insurance 18 coverage therefore. 19 b. The DISTRICT is self-insured and participates with other school districts in the 20 Marin Schools Insurance Authority for excess coverage in the amount $1,000,000 21 with a $25,000 self insured retention. The DISTRICT shall provide a certificate of 22 coverage naming LESSEE as an additional insured. 23 c. The District's existing fire and extended coverage insurance on the other school 24 buildings shall be extended to cover the Premises, if not already so covered. Such Page 6 of 14 pages 1 fire and extended coverage of the Premises shall be at replacement cost based on 2 Fair Market Value. 3 d. Indemnity and other obligations of both parties shall not be limited by the foregoing 4 insurance requirements. 5 e. If LESSEE or DISTRICT, for any reason, fails to maintain insurance coverage which 6 is required pursuant to the Agreement, the same shall be deemed a material breach 7 of the Agreement. 8 13. FIRE INSURANCE. LESSEE agrees that DISTRICT shall acquire the necessary fire 9 insurance on the premises and to pay the premiums therefore, and LESSEE shall repay to 10 DISTRICT the expense incurred by DISTRICT for such insurance. Such amount shall be deemed 11 to be additional lease payments and shall be payable as such. These costs shall be spelled out in 12 detail in Exhibit #5. The obligation of LESSEE hereunder shall be subject to the following 13 limitations: 14 (a) In the event of loss, the LESSEE and DISTRICT shall equally share the deductible 15 expense incurred, provided that the loss was caused by fire which originated on that portion of the 16 leased premises occupied by LESSEE. In the event that the loss originated in any location other 17 than described in Section 13 (a), the LESSEE shall not be required to pay any deductible expense. 18 (b) That portion of DISTRICT'S fire insurance costs allocable to the premises leased by 19 LESSEE is to be determined as provided on Exhibit #5, attached hereto and incorporated herein 20 and made a part of this lease agreement. 21 (c) Nothing contained in this paragraph shall be deemed to constitute a waiver by 22 DISTRICT or LESSEE of any rights which either may have against the other for its negligent or 23 intentional acts. 24 14. USE PERMIT AND TERMINATION. To the extent required by law, LESSEE shall Page 7 of 14 pages 1 secure all necessary permits and approvals from the appropriate governmental entities to carry out 2 its programs. DISTRICT shall support LESSEE in securing any such permits and approvals. Such 3 permits and approvals must be obtained as a condition of commencement of the term of this lease. 4 15. ASSIGNMENT AND SUBLETTING. LESSEE shall not assign this lease or any 5 interest therein, nor lease or sublet the premises, or any part thereof, or any right or privilege 6 appurtenant thereto, nor permit the occupancy or use of any part thereof by any other person, 7 without prior written consent of DISTRICT, and a consent to any one assignment, subletting, 8 occupancy or use shall not relieve LESSEE of its obligations hereunder. Any such purported 9 assignment, sublease, occupancy or use without the prior written consent of DISTRICT shall be null 10 and void. 11 16. ENTRY BY DISTRICT. DISTRICT and its agents shall have the right at any 12 reasonable time to enter upon the premises, so long as it does not interfere with any reasonable 13 business of LESSEE, for the purposes of inspection, serving and posting notices, and making any 14 necessary repairs, alterations or additions to any portion of the premises, complying with laws, 15 ordinances, and regulations, protecting the premises, or for any other lawful purpose, including 16 showing the premises to prospective purchasers or tenants. 17 17. KEYS. The existing Schlage lock system shall be maintained and controlled by 18 DISTRICT. DISTRICT shall provide without cost, initial key service as required by LESSEE. 19 Copies of keys shall be provided by DISTRICT only. 20 18. CONSTRUCTION. LESSEE shall not enter into any contract or agreement with any 21 City, County, or any governmental agency or body or public utility with reference to sewer lines or 22 connections, water lines or connections, street improvements, including but not limited to curbs, 23 gutters, parkways and street lighting, or utility connections, lines or easements without prior written 24 consent of DISTRICT. Furthermore, no construction, removal, or demolition which changes the Page 8 of 14 pages 1 internal or external configuration, structural integrity, or ventilation patterns of the premises shall 2 be effected without prior written consent of DISTRICT. Any improvements permitted shall comply 3 with structural requirements for school buildings. 4 DISTRICT recognizes the changing nature of building utilization and this paragraph is not 5 intended to discourage modifications, additions, or alterations. Rather, it is intended to stress that 6 any changes must be in conformance with structural requirements for school buildings together with 7 compatibility with the surrounding community. All construction presently intended to be 8 undertaken by LESSEE is detailed on Exhibit #6, attached hereto and incorporated herein and 9 made a part of this lease agreement. Except as otherwise agreed by DISTRICT, all such 10 construction and improvements shall become the property of DISTRICT upon termination of this 11 lease. 12 19. ABANDONMENT. LESSEE agrees not to vacate or abandon the premises at any time 13 during the term of this lease, except in the case of termination as provided elsewhere in this lease. 14 Should LESSEE vacate or abandon the premises or be dispossessed by process of law or otherwise 15 in any event after the term of this lease shall have expired, or the lease shall have otherwise 16 terminated, any personal property belonging to LESSEE and left on the premises shall, at 17 DISTRICT's option, be deemed to be abandoned unless removed pursuant to the provisions of 18 Section 21 of this lease. 19 20. SURRENDER OF POSSESSION. Upon expiration of the term of this lease, or any 20 earlier termination thereof, LESSEE shall surrender to DISTRICT possession of the premises. 21 Upon surrender the premises shall be clean and in good condition, reasonable wear and tear 22 excepted. 23 21. REMOVAL OF PERSONAL PROPERTY. LESSEE may remove or cause to be 24 removed all movable furniture, furnishings and equipment installed in the premises and on the Page 9 of 14 pages 1 SCHOOL. Any personal property that is not removed therefrom within ten (10) days after the date 2 or the termination of this lease thereafter shall belong to DISTRICT without the payment of any 3 consideration. 4 22. HOLD HARMLESS. LESSOR shall hold harmless, indemnify, including attorney's 5 fees, and defend the LESSEE from any liability for personal injury or property damage arising out 6 of any negligence or intentional acts or omissions by the LESSOR, its agents or employees. 7 LESSEE shall hold harmless, indemnify including attorney's fees, and defend LESSOR from any 8 liability for personal injury or property damage arising out of LESSEE's use of the premises or 9 playground equipment, or installation of playground equipment, pursuant to this Agreement and/or 10 any negligence or intentional acts or omissions by the LESSEE, its agents or employees, but 11 excluding liability due to the sole negligence or willful misconduct or DISTRICT. Nothing in this 12 paragraph shall be deemed or construed to eliminate, affect or alter in any way, any rights or 13 remedies which LESSEE has or may have against other lessees on the DISTRICT's school property 14 for their negligent or intentional acts or omissions. 15 23. LIMITATION ON DISTRICT'S RESPONSIBILITIES. DISTRICT shall not be 16 liable for any damage, compensation or claim for abatement of rent or otherwise by reason of any 17 inconvenience, annoyance, injury, loss or damage arising from the installation operation or 18 maintenance of any equipment or service, or from any failure to furnish or keep said equipment 19 or service in operation, when caused by accidents or conditions beyond the reasonable control of 20 DISTRICT, arising from repairs, removal, improvements needful in the judgement of DISTRICT, 21 or because of power failures, labor disturbances or labor disputes of any character. No failure, 22 defect, omission, or delay in furnishing installation, operation or maintenance of any equipment or 23 service shall relieve LESSEE from the duty to pay the full amount herein received. Notwithstanding 24 the foregoing in the event that any of the aforesaid circumstances prevent LESSEE from using the Page 10 of 14 pages 1 premises for the purposes set forth in Exhibit #2, for more than 10 consecutive calendar days, 2 LESSEE's rent after such 10 day period for the unusable portion of the premises shall be abated 3 until the premises become tenantable. 4 24. NOTICES. Any notices to be given or other documents to be delivered by any party 5 to the other, or others, hereunder, may be delivered in person to an officer of any party, or may 6 be deposited in the United States mail in the State of California, duly certified or registered, with 7 postage prepaid and addressed to the party for whom it is intended as follows: 8 (a) To DISTRICT at its business office: 9 380 Nova Albion Way 10 San Rafael, CA 94903 11 (b) To LESSEE at its business office: 12 P.O. Box 151560 13 San Rafael, CA 94913-2560 14 25. DEPOSITS. DISTRICT hereby acknowledges receipt of the sum of Two Thousand Five 15 Hundred Thirteen and 32/100 dollars ($2,513.32) for the last month's rent. DISTRICT further 16 acknowledges receipt of the sum of One Hundred Fifty and no/100 dollars ($150.00) as a deposit 17 as security for the cleaning of the premises upon termination of the lease. These amounts shall be 18 shown in more detail on Exhibit #7, attached hereto and incorporated herein and made a part of 19 this agreement. In the event LESSEE shall have fully performed all the terms and conditions of 20 this lease throughout the term hereof, and at the expiration hereof shall not be in default under this 21 lease, then DISTRICT shall return said deposit to LESSEE within 30 days following termination 22 of this lease. 23 26. UNAVOIDABLE DELAY - FORCE MAJEURE. If either party shall be delayed or 24 prevented from the performance of any act required by this lease by reason of acts of God, strikes, Page 11 of 14 pages 1 lockouts, labor troubles, inability to procure materials, restrictive governmental laws, or regulations 2 or other cause, without fault and beyond the reasonable control of the part obligated (financial 3 inability excepted), performance of such act shall be excused for the period of the delay and the 4 period for the performance of any such act shall be extended for a period equivalent to the period 5 of such delay provided, however, nothing in this section shall excuse LESSEE from the prompt 6 payment of any charge required of LESSEE except as may be expressly provided elsewhere in this 7 lease. 8 27. TOTAL OR PARTIAL DESTRUCTION. In the event that the premises are totally 9 or partially destroyed, DISTRICT shall cause premises to be repaired within the period of 120 days. 10 During the period of repair, LESSEE's rent for the unusable portion of the premises shall be 11 abated. If repairs cannot be completed within 120 days, then either LESSEE or DISTRICT shall 12 have the option to terminate this lease. However, DISTRICT shall have the option to provide 13 LESSEE with comparable facilities, satisfactory to LESSEE, at another School within the Dixie 14 School District, in which case rental per square foot provided by this lease shall be applicable to the 15 alternate space provided and LESSEE shall not have the option to terminate this lease. 16 28. TAXES. LESSEE shall pay any Possessory Use Tax or other Real Estate Tax which 17 may be levied. It shall not be the responsibility of DISTRICT to determine whether or not such 18 taxes are required or due. 19 29. TERMINATION OF LEASE. This lease shall be terminable; (1) by the DISTRICT 20 upon the giving of six (6) months' written notice in the event of sale of premises; (2) by the 21 DISTRICT upon the giving of six (6) months written notice, if DISTRICT hereafter determines that 22 it has a need to reemploy the premises for the purpose of classroom instruction, or school district 23 use and/or to renovate or reconstruct the existing building for such purpose; (3) by DISTRICT, 24 upon the giving of sixty (60) days written notice, should problems arise of such severity that Page 12 of 14 pages 1 DISTRICT in reasonable exercise of its discretion, determines that continued use of the premises 2 by LESSEE is not in the best interest of the school district or community; (4) by the DISTRICT 3 on sixty (60) days written notice in the event that LESSEE ceases to employ the premises 4 exclusively for the permitted purposes; (5) by the DISTRICT if the LESSEE fails or refuses to 5 perform any term or provision of this lease if the failure to perform is not cured within sixty (60) 6 days after written notice of same is given by DISTRICT to LESSEE; (6) by the LESSEE upon the 7 giving of six (6) months written notice, if LESSEE hereafter determines that continuation of the 8 child care program is not in the best interest of the city or the community; and (7) by the LESSEE 9 if the DISTRICT fails or refuses to perform any term or provision of this lease if the failure to 10 perform is not cured within sixty (60) days after written notice of same is given by LESSEE to 11 DISTRICT. 12 30. OTHER TERMS. 13 a. DISTRICT shall comply with the Americans with Disabilities Act (ADA) prohibiting 14 discrimination on the basis of disability in the services, leasehold premises and 15 activities it furnishes to the leasehold. Said nondiscrimination includes requirements 16 with regard to making services, premises and activities accessible to individuals with 17 disabilities. 18 LESSEE shall comply with ADA prohibiting discrimination in the services, facilities 19 and activities the City provides on or in DISTRICT facilities. 20 b. This Agreement may be amended only by written consent of the parties. 21 22 23 24 Page 13 of 14 pages 1 IN WITNESS WHEREOF, each of the parties hereto has caused this lease to be executed 2 by its officers thereunto duly authorized and the corporate seal affixed as of the day and year first 3 above written. 4 5 THE TRUSTEES OF THE DDCIE SCHOOL DISTRICT 6 7 By:ZZ 8 Whose Title 9 10 Approved as to form and content by Dixie School District Counsel: 11 12 s/Bob Henry 13 Bob Henry, School and College Legal Services 14 Attest: 15 By Jeabhe M. Leoncini 16 City Clerk 17 18 Ap 19 �t Gary T. agghianti 20 City Attorney 21 THE CTTY By:/Al � Aert J� oro Whose Title is: ayor Ap roved as to content: 00, Pamela J. Nicolai City Manager 22 Appendix attached hereto as Exhibit #1 through #7 inclusive. 23 Page 14 of 14 pages 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT #1 - CITY OF SAN RAFAEL Premises Leases All interior space of Rooms #1, #35, #36 and office at the end of Wing at Vallecito School, consisting of 3,843 Sq. Ft.; or comparable space satisfactory to LESSEE; One Classroom at Dixie School, consisting of 943 Sq. Ft. One Classroom at Mary E. Silveira , consisting of 960 Sq. Ft. for a total of 5,746 Sq. Ft. Monthly Rent Per SUc .. Ft. 1994/95 $.51 Plus access to the Gymnasium or Multi -Purpose Room at each 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 $2,930.46 300.00 $3,230.46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 EXHIBIT #2 - CITY OF SAN RAFAEL City of San Rafael will operate a Day Care Center. Programs will include preschool programs, extended preschool, extended day care. 1 EXHIBIT #3 - CITY OF SAN RAFAEL 2 3 Utilitv Cost Estimate Allocation 4 Allocation Factors 5 6 Sq. Ft. of Site: 7 Sq. Ft. of Area: 8 % of Site Leased (Factor) 9 10 Utility Cost Estimate Allocation 11 12 Gas & Electricity 13 Water/Garbage 14 Total Utilities 15 Factor .1336 x above: 16 + 12 = Monthly Charge 17 18 * This amount will be adjusted to actual cost in June, 1995. 19 20 21 22 23 43,000 5,746 13.36% $32,000.00 15,000.00 $47.000.00 6,279.20 523.27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 As indicated in lease. EXHIBIT #4 - CITY OF SAN RAFAEL Maintenance and Repairs 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 EXHIBIT #5 - CITY OF SAN RAFAEL Fire Insurance Cost Allocation Allocation Factors Site % of District Sq. Ft.: 15.07% Sq. Ft. of Site 43,000 Sq. Ft. of Area 5,746 % of Site Leased (Factor) 13.36% Fire Insurance Cost Allocation Annual District Premium $21,618.00 Site % of Total 3,258.00 Factor .1336 x above 435.27 + 12 = Monthly Charge $ 36.27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT #6 - CITY OF SAN RAFAEL Construction No construction shall be permitted except by written approval of the Dixie School District Board of Trustees. a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 EXHIBIT #7 - THE CITY OF SAN RAFAEL Deposits First Month's Rent $ Last Month's Rent $2,513.32 (PAID) Cleaning Deposit $ 150.00 (PAID) Utilities and Insurance $ (First Month) TOTAL ON DEPOSIT $2,663.32 (PAID)