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HomeMy WebLinkAboutCC Resolution 8819 (Relocate Portable Child Care Buildings)RESOLUTION NO. R R 1 9 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 State of California State Allocations Board for renewal of lease agreement for relocatable portable child care buildings at Glenwood Elementary and Pickleweed Park (Period covered: From September 1, 1992 thru Agusut 30, 1997) 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 16TH day of FEBRUARY , 1993 by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS:None ABSENT COUNCILMEMBERS:Cohen JEANNE M. LEONCINI, City Clerk ORIGI-NAL \11 LEASE AGREEMENT FOR RELOCATABLE CHILD CARE BUILDING BETWEEN THE STATE ALLOCATION BOARD AND CITY OF SAN RAFAEL of MARIN COUNTY PURSUANT TO TITLE 1, DIVISION 1, PART 6, CHAPTER 2, ARTICLE 12, SECTION 8277.7 OF THE EDUCATION CODE This agreement, made and entered into this 5th day of October, 1992 by and between the State Allocation Board, State of California, hereinafter referred to as "Lessor" and CITY OF SAN RAFAEL hereinafter referred to as "Lessee". 1. In consideration of the mutual covenants and agreements herein contained, the Lessor does hereby demise and lease to Lessee one relocatable building to be placed on the site described in Item 3, hereinafter collectively referred to as "the property". In addition, for the purposes of this agreement, the term "the property" shall be deemed to include not only such property set forth above, but also any auxiliary facilities installed by Lessor which would normally be moved with said property for reinstallation upon other premises. 2. The term of this lease shall commence on September 1, 1992 or as soon thereafter as the Lessor actually installs the property on the premises, as described in Item 3 and shall terminate five years later on August 30, 1997. A new lease may then be made on the first day of September 1997. The rent for the above term shall be $1.00 per year, per relocatable building. Payments are to be made upon execution or renewal of each lease. 3. The property shall be delivered and installed at: GLENWOOD ELEMENTARY 25 CASTLEWOOD DR. SAN RAFAEL CA 94901 Lessor agrees to engage architects and contractors at Lessor's expense to perform the site development, subject to the terms of the budget therefore approved by the State Allocation Board on Sep. 02, 1987. The site development to be provided will include grade requirements, foundation requirements, installation of 1 COPY services (electrical, water, sewer, telephone), asphalt paving, sidewalks, and chainlink fencing as required for site enclosure. Project Identification Application Number: 13-21-02-01 Building Type: A Building Identification Number: 13073 Replacement Cost: $36,000.00 Upon completion of the relocatable child care facility, Lessee agrees to put same into effective operation during the term of this lease, as specified above, and to utilize solely for the specified purpose during such period. Failure of Lessee to use the property during the term of any portion thereof of this lease shall not relieve Lessee from the payment of any obligations assumed above. 4. Access to the site, for both delivery and eventual removal, shall be in such a condition as to be frce of unusual obstruction. 5. Lessee will keep the property insured including liability, at its own expense, with Lessor listed as the beneficiary, at all time against fire and lightning, with extended coverage, and vandalism and malicious mischief, for the full insurable value of the property during the term of this lease, and thereafter as subsequently provided in this instrument. For the purpose of determining its insurable value, it is acknowledged that the replacement cost of the relocatable building and equipment will be: As shown under Item 3, Page 2. In the event of loss or damage Lessor has the option of using the proceeds from any insurance or other monies available, to replace or restore the property list if destroyed, or to cancel the lease and retain such proceeds. Lessee agrees to hold Lessor harmless from any and all claims by the Lessee or third parties for damages because of injury to person(s), or by virtue of the condition of maintenance of the property while on the premises of the Lessee, and to furnish insurance coverage for this purpose in the amount of at least $1,000,000.00. 6. In the event of any loss or casualty affecting the property after the same has been installed upon the premises of Lessee which prevents the use of the same during a portion of this lease, the Executive Officer shall have authority to abate such rental due under this lease agreement, or to give Lessee a credit therefore in connection with any future leasing under this article, as he deems appropriate. 7. Lessee agrees to make no alterations upon the property without 2 the written consent of the Lessor. In addition, he agrees to give the property leased no lesser degrees of maintenance, care, and protection than he would give the property if owned by Lessee. 8. Upon removal by Lessor of the property, Lessor shall have no obligation, to restore any portion of the premises, or to remove any foundations which are not relocatable and would not normally be removed for the purposes of reinstallation upon another site. Lessor agrees to deliver the property in good operating condition, less normal wear and tear from previous Lessees. However, after such property is delivered and while the same is on the premises of Lessee, Lessee shall be responsible for and pay for all charges for upkeep, maintenance, repair, and repainting, and supply and pay for all parts and accessories needed to maintain and operate said property in good condition and running order (whether or not the necessity for any of the foregoing expenses is occasioned in whole or in part by previous use), provided Lessee shall be exonerated from any expense under the foregoing sentence to the extent of any casualty, or loss to the property covered by insurance for which the State received recompense. 9. Lessee will furnish, at its own expense, light, heat, telephone, custodial, and maintenance service to the units leased during the lease period and any period extending beyond such lease that it uses the same pursuant to this agreement. 10. Lessee shall not move any buildings furnished pursuant to this agreement to any other premises or to any other portion of the premises on which they are stationed at the commencement of the lease, without the written consent of the Lessor, subject to any conditions imposed by Lessor therein in connection therewith. 11. Upon termination of this lease, Lessor agrees to disconnect said relocatables and remove them from the premises at Lessor's expense, providing that notwithstanding the foregoing the Lessor may elect to allow them to remain on said premises until such time as it deems it advisable to remove them for the purposes of another lease, or otherwise, in which case Lessee may use or permit the use of the property for any use for which they were designed and permitted by law, during any portion or portions of the period said property remains on Lessee's site, until Lessor terminates such use privilege in writing: Lessee shall pay Lessor rental for such use at the annual rate of $1.00. In the event Lessor elects to permit the property to remain on the premises, irrespective of such use, Lessee shall be charged with the same degree of care thereof as it would have been charged with under this agreement during the term of this lease, and shall be charged with the obligation to keep the property insured, as stated above, and its own expense for two months following the expiration of the term of the lease specified above, unless it continues to use the property subsequent to such two month period, in which case it shall continue to insure the 3 property as specified above at its own expense during the period of such continued use. At the time Lessor removes the property from the aforesaid premises Lessee shall advise lessor in writing as to any use of the property after the term of the lease pursuant to this paragraph. 12. Lessee shall not have authority to sublease any of the property, or assign any rights under this lease agreement. In the event it does so, Lessor's obligations under this instrument shall cease at the latter's option, and in either case, the Lessee shall not be relieved of any obligation by virtue of said sublease. 13. Lessee shall promptly furnish Lessor with a certification from the insuring agent that insurance policies have been attained pursuant to this agreement, and that the policies shall not be cancelled or materially changed without at least thirty days prior written notice to Lessor. The certification will show the name and address of the insurance company and the policy number(s). This lease shall not become eLfective until such certification is received by the Lessor. 14. The Lessee agrees that upon termination or expiration of the lease, the property shall be in reasonable condition, given the normal use of the property as contemplated by the parties during the term of the lease. In the event the property is not in such reasonable condition, the Lessee will be responsible and agrees to reimburse the Lessor for the costs incurred in either replacing or refurbishing the property to reasonable condition, whichever is the most cost effective. 15. If at any time Lessor determines that Lessee's need for the relocatable facility has ceased, Lessor may take possession of said facility and may lease it to other eligible contracting agency. 16. Lessee, in signing this agreement, does hereby certify that they either: (a) Own the site as described in Item 3 (attach Certificates of Ownership), and agree to use said site for the purposes of this agreement, without charge to Lessor during the term of this agreement and for a period of 60 days following the termination of this agreement for any reason or; (b) Is in possession of a lease from the owner of the site as described in Item 3 (a copy of said lease which is attached as Exhibit "B"). Such lease shall provide for at least a year to year usage plus 60 days with automatic extension options for a period of five years. Such lease shall also contain a provision recognizing State ownership of the relocatable buildings covered by this 4 agreement, and the right of the State to remove the buildings from the site upon termination or abrogation of the agreement. (c) Lessee does hereby certify that, when applicable, it is duly licensed to provide child care services and that it will provide Lessor with a copy of such license. In adddition, Lessee also certifies that it still has a need for the building(s) to provide child care services pursuant to this agreement, and that all health and safety requirements are met. 17. The Lessor does not assume liability for any expense not expressly provided for in this lease agreement. 18. This lease may be changed or altered only in writing and as agreed between the parties hereto. In witness whereof, the parties subscribing hereto have caused this instrument to be executed on the day and year first above -written. CITY OF SAN RAFAEL byVh r- . B o*. Mayor - zed Agent Date ATTEST: by February 16, 1993 MlZ M. Leo ini, ity Clerk 5 State Allocation Board State of California �J,by� v VB it G Executive Off' 1. Date RENEWAL LEASE AGREEMENT FOR RELOCATABLE CHILD CARE BUILDING BETWEEN THE STATE ALLOCATION BOARD AND CITY OF SAN RAFAEL of MARIN COUNTY PURSUANT TO TITLE 1, DIVISION 1, PART 6, CHAPTER 2, ARTICLE 12, SECTION 8277.7 OF THE EDUCATION CODE This agreement, made and entered into this 5th day of October, 1992 by and between the State Allocation Board, State of California, hereinafter referred to as "Lessor" and CITY OF SAN RAFAEL hereinafter referred to as "Lessee". 1. In consideration of the mutual covenants and agreements herein contained, the Lessor does hereby demise and lease to Lessee one relocatable building to be placed on the site described in Item 3, hereinafter collectively referred to as "the property". In addition, for the purposes of this agreement, the term "the property" shall be deemed to include not only such property set forth above, but also any auxiliary facilities installed by Lessor which would normally be moved with said property for reinstallation upon other premises. 2. The term of this lease shall commence on September 1, 1992 or as soon thereafter as the Lessor actually installs the property on the premises, as described in Item 3 and shall terminate five years later on August 30, 1997. A new lease may then be made on the first day of September 1997. The rent for the above term shall be $1.00 per year, per relocatable building. Payments are to be made upon execution or renewal of each lease. 3. The property shall be delivered and installed at: PICKLEWEED PARK 50 CANAL ST. SAN RAFAEL CA 94901 Lessor agrees to engage architects and contractors at Lessor's expense to perform the site development, subject to the terms of the budget therefore approved by the State Allocation Board on Sep. 02, 1987. The site development to be provided will include grade requirements, foundation requirements, installation of 1 COPY services (electrical, water, sewer, telephone), asphalt paving, sidewalks, and chainlink fencing as required for site enclosure. Project Identification Application Number: 13-21-02-02 Building Type: A Building Identification Number: 13074 Replacement Cost: $36,000.00 Upon completion of the relocatable child care facility, Lessee agrees to put same into effective operation during the term of this lease, as specified above, and to utilize solely for the specified purpose during such period. Failure of Lessee to use the property during the term of any portion thereof of this lease shall not relieve Lessee from the payment of any obligations assumed above. 4. Access to the site, for both delivery and eventual removal, shall be .in such a condition as to be free of unusual obstruction. 5. Lessee will keep the property insured including liability, at its own expense, with Lessor listed as the beneficiary, at all time against fire and lightning, with extended coverage, and vandalism and malicious mischief, for the full insurable value of the property during the term of this lease, and thereafter as subsequently provided in this instrument. For the purpose of determining its insurable value, it is acknowledged that the replacement cost of the relocatable building and equipment will be: As shown under Item 3, Page 2. In the event of loss or damage Lessor has the option of using the proceeds from any insurance or other monies available, to replace or restore the property list if destroyed, or to cancel the lease and retain such proceeds. Lessee agrees to hold Lessor harmless from any and all claims by the Lessee or third parties for damages because of injury to person(s), or by virtue of the condition of maintenance of the property while on the premises of the Lessee, and to furnish insurance coverage for this purpose in the amount of at least $1,000,000.00. 6. In the event of any loss or casualty affecting the property after the same has been installed upon the premises of Lessee which prevents the use of the same during a portion of this lease, the Executive Officer shall have authority to abate such rental due under this lease agreement, or to give Lessee a credit therefore in connection with any future leasing under this article, as he deems appropriate. 7. Lessee agrees to make no alterations upon the property without Oq the written consent of the Lessor. In addition, he agrees to give the property leased no lesser degrees of maintenance, care, and protection than he would give the property if owned by Lessee. 8. Upon removal by Lessor of the property, Lessor shall have no obligation, to restore any portion of the premises, or to remove any foundations which are not relocatable and would not normally be removed for the purposes of reinstallation upon another site. Lessor agrees to deliver the property in good operating condition, less normal wear and tear from previous Lessees. However, after such property is delivered and while the same is on the premises of Lessee, Lessee shall be responsible for and pay for all charges for upkeep, maintenance, repair, and repainting, and supply and pay for all parts and accessories needed to maintain and operate said property in good condition and running order (whether or not the necessity for any of the foregoing expenses is occasioned in whole or in part by previous use), provided Lessee shall be exonerated from any expense under the foregoing sentence to the extent of any casualty, or loss to the property covered by insurance for which the State received recompense. 9. Lessee will furnish, at its own expense, light, heat, telephone, custodial, and maintenance service to the units leased during the lease period and any period extending beyond such lease that it uses the same pursuant to this agreement. 10. Lessee shall not move any buildings furnished pursuant to this agreement to any other premises or to any other portion of the premises on which they are stationed at the commencement of the lease, without the written consent of the Lessor, subject to any conditions imposed by Lessor therein in connection therewith. 11. Upon termination of this lease, Lessor agrees to disconnect said relocatables and remove them from the premises at Lessor's expense, providing that notwithstanding the foregoing the Lessor may elect to allow them to remain on said premises until such time as it deems it advisable to remove them for the purposes of another lease, or otherwise, in which case Lessee may use or permit the use of the property for any use for which they were designed and permitted by law, during any portion or portions of the period said property remains on Lessee's site, until Lessor terminates such use privilege in writing: Lessee shall pay Lessor rental for such use at the annual rate of $1.00. In the event Lessor elects to permit the property to remain on the premises, irrespective of such use, Lessee shall be charged with the same degree of care thereof as it would have been charged with under this agreement during the term of this lease, and shall be charged with the obligation to keep the property insured, as stated above, and its own expense for two months following the expiration of the term of the lease specified above, unless it continues to use the property subsequent to such two month period, in which case it shall continue.to insure the 3 property as specified above at its own expense during the period of such continued use. At the time Lessor removes the property from the aforesaid premises Lessee shall advise lessor in writing as to any use of the property after the term of the lease pursuant to this paragraph. 12. Lessee shall not have authority to sublease any of the property, or assign any rights under this lease agreement. In the event it does so, Lessor's obligations under this instrument shall cease at the latter's option; and in either case, the Lessee shall not be relieved of any obligation by virtue of said sublease. 13. Lessee shall promptly furnish Lessor with a certification from the insuring agent that insurance policies have been attained pursuant to this agreement, and that the policies shall not be cancelled or materially changed without at least thirty days prior written notice to Lessor. The certification will show the name and address of the insurance company and the policy number(s). This lease shall not become effective until such certification is received by the Lessor. 14. The Lessee agrees that upon termination or expiration of the lease, the property shall be in reasonable condition, given the normal use of the property as contemplated by the parties during the term of the lease. In the event the property is not in such reasonable condition, the Lessee will be responsible and agrees to reimburse the Lessor for the costs incurred in either replacing or refurbishing the property to reasonable condition, whichever is the most cost effective. 15. If at any time Lessor determines that Lessee's need for the relocatable facility has ceased, Lessor may take possession of said facility and may lease it to other eligible contracting agency. 16. Lessee, in signing this agreement, does hereby certify that they either: (a) Own the site as described in Item 3 (attach Certificates of Ownership), and agree to use said site for the purposes of this agreement, without charge to Lessor during the term of this agreement and for a period of 60 days following the termination of this agreement for any reason or; (b) Is in possession of a lease from the owner of the site as described in Item 3 (a copy of said lease which is attached as Exhibit "B"). Such lease shall provide for at least a year to year usage plus 60 days with automatic extension options for a period of five years. Such lease shall also contain a provision recognizing State ownership of the relocatable buildings covered by this 4 agreement, and the right of the State to remove the buildings from the site upon termination or abrogation of the agreement. (c) Lessee does hereby certify that, when applicable, it is duly licensed to provide child care services and that it will provide Lessor with a copy of such license. In adddition, Lessee also certifies that it still has a need for the building(s) to provide child care services pursuant to this agreement, -and that all health and safety requirements are met. 17. The Lessor does not assume liability for any expense not expressly provided for in this lease agreement. 18. This lease may be changed or altered only in writing and as agreed between the parties hereto. In witness whereof, the parties subscribing hereto have caused this instrument to be executed on the day and year first above -written. CITY OF SAN RAFAEL by A 'ert4 Soro, Mayor riA ed Agent State Allocation Board State of California by 1 ii AN GO Executive Off' er Date February 16, 1993 Date ATTEST: by, J�eanne� M. Leo Gini, City Clerk 5