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
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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