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HomeMy WebLinkAboutCC Resolution 8353 (Child Care Program)RESOLUTION NO. 8353 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 the San Rafael School District for Classroom at San Pedro School for Child Care Program (Two -Year Lease from 9/1/90 - 6/30/92) 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 intro- duced and adopted at a Regular meeting of the City Council of said City held on Monday the 18th day of March , 19 91 , by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor P4ulryan NOES: COURTCILME114BERS : None ABSENT: COUNCILME11BERS: None %�i . JEAN E�� LEONCINI, City Clerk - LEASE AGREEMENT RENTAL OF CLASSROOM SAN PEDRO ELEMENTARY SCHOOL This LEASE made and entered into this 18th day of MARCH , 1991 , 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 September 1, 1990 and end June 30, 1992. 2. City agrees to pay District the following monthly rental rate by the first of each month for such rental: September 1, 1990 - June 30, 1991 $100.00/month July 1, 1991 - June 30, 1992 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 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 in the amount 1 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. 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. Either party may terminate this agreement upon giving 60 days' written notice to the other. 10. This agreement may be amended only by written consent of both parties. 2 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF SAN RAFAEL -------------- ---- WRENCE E. MU AN, ayor ATTEST: Sk- NE M. LE NCINI, City Cierk APPROVED AS TO CONTENT: SAN RAFAEL SCHOOL DISTRICT THOMAS E. SOLIS, Director of Business Services Approved by Board of Education Date PAMELA J. NI OLAI, City Manager APPROVED AS TO FORM: GARY T RAGGH ity Attorney 3