HomeMy WebLinkAboutCC Resolution 8724 (Child Care Center Leases)RESOLUTION NO. 8724
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
San Rafael School District for Child Care Centers at Short, Gallinas and San Pedro
(for three years, July 1, 1992 through June 30, 1995)
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 Monday the 17th
day of August 1992 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Borc
NOES: COUNCILMEMBERS: None
ABSENT COUNCILMEMBERS: Breiner
9ew-w-" A
V�
JEANNE M. LEONCINI, City Clerk
G"'I N A
L ^,�
LEASE AGREEMENT
RENTAL OF CLASSROOMS
SHORT SCHOOL
/
This LEASE made and entered into this17th day of Auqu st 1992 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 a portion of 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, 1992 and end
June 30, 1995.
2. City agrees to pay District the following monthly rental rate by the first of
each month for such rental:
July
1,
1992 -
June
30,
1993
$3,091.00/month
July
1,
1993
- June
30,
1994
$3,246.00/month
July
1,
1994 -
June
30,
1995
$3,408.00/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
COPY
buildings. Such fire and extended insurance coverage are at replacement cost
based on Fair Parket 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.
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 built or maintained by the City on the
rental premises and/or negligence or intentional acts or omissions by the
City, its agents or employees, except where caused by the active negligence,
sole negligence or willful misconduct of District.
7. City and District agree to submit any claims arising under this agreement and
any claims arising to construe this agreement to binding arbitration
according to the rules of the American Arbitration Association. The
arbitrator is empowered to award attorneys' fees to the prevailing party.
2
8. 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 share of the totdl utility costs described above based on the
amount of square footage leased. Other tenants will be billed by the City
for such costs.
9. District is responsible for major maintenance of the plant, including roofs,
asphalt surfaces, heating and air conditioning and major plumbing repairs.
10. The City shall not make structural alterations to the premises without first
receiving written permission from District.
11. 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.
12. 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.
3
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.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
year first above written.
CITY OF SAN RAFAEL
RIl
f"1
t, 1�/O�,Mayor/
ATTEST:
Nt M. LtUNI; Ity C erK
APPROVED AS TO CONTENT:
PAMELA J. NICOLAI, ity anager
APPROVED AS TO FORM:
,� 2
GAR ��HW i orne
y
PRP:CitySH92
SAN RAFAEL SCHOOL DISTRICT
Ilo r't ` L C IE t, Superintendent
Approved by the Board of Education
August 24, 1992
1
IHUMAS E. SOLIS, Director of
Business Services
LEASE AGREEMENT
RENTAL OF CLASSROOM
GALLINAS ELEMENTARY SCHOOL
This LEASE made and entered into this 17th day of August 1992 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 Elementary School, 177
N. San Pedro Road, San Rafael, CA 94903, hereinafter "premises", from
District. The term of the rental will commence July 1, 1992 and end June 30,
1995.
2. City agrees to pay District the following monthly rental rate by the first of
each month for such rental:
July
1,
1992
- June
30,
1993
$360.00/month
July
1,
1993
- June
30,
1994
$375.00/month
July
1,
1994
- June
30,
1995
$390.00/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
1
COPS''
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.
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 built or maintained by the City on the
rental premises and/or negligence or intentional acts or omissions by the
City, its agents or employees, except where caused by the active negligence,
sole negligence or willful misconduct of District.
7. City and District agree to submit any claims arising under this agreement and
any claims arising to construe this agreement to binding arbitration
according to the rules of the American Arbitration Association. The
arbitrator is empowered to award attorneys' fees to the prevailing party.
2
8. District will provide utilities, maintenance and custodial operations for
rental premises free of charge to the City.
9. 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.
10. Either party may terminate this agreement upon giving 60 days' written notice
to the other.
11. 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_AN RAFAEL
')
/�.bve I/ J ayor
ATTEST:
K1, City Clerk
3
SA RAFAEL SCH00 DISTRICT
v r t a JILL, 'uperintendent
Approved by the Board of Education
August 24, 1992
LEASE AGREEMENT
RENTAL OF CLASSROOM
SAN PEDRO ELEMENTARY SCHOOL
This LEASE made and entered into this 17th day of August 1992 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 Elementary School, 498
Pt. San Pedro Road, San Rafael, CA 94901, hereinafter "premises", from
District. The term of the rental will commence July 1, 1992 and end June 30,
1995.
2. City agrees to pay District the following monthly rental rate by the first of
each month for such rental:
July
1,
1992
- June
30,
1993
$100.00/month
July
1,
1993
- June
30,
1994
To be negotiated
July
1,
1994 -
June
30,
1995
To be negotiated
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
COPY
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.
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 built or maintained by the City on the
rental premises and/or negligence or intentional acts or omissions by the
City, its agents or employees, except where caused by the active negligence,
sole negligence or willful misconduct of District.
7. City and District agree to submit any claims arising under this agreement and
any claims arising to construe this agreement to binding arbitration
according to the rules of the American Arbitration Association. The
arbitrator is empowered to award attorneys' fees to the prevailing party.
8. District will provide utilities, maintenance and custodial operations for
rental premises free of charge to the City.
9. 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.
10. Either party may terminate this agreement upon giving 60 days' written notice
to the other.
11. 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
At t i J. b , M yor /
ATTEST;
Jt M. LtUNI;l l,�c;ty er ,
3
i6RAFAEL C DISTRICT
�� Superintendent
Approved by the Board of Education
August 24, 1992
APPROVED AS TO CONTENT:
NAMELE/. NICULAI, City M07t'ager
APPROVED AS TO FORM:
PRP:CitySP92
4
IHUMAS L. SULIS, Director of
Business Services