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HomeMy WebLinkAboutCC Resolution 8498 (Lease Classroom Space)RESOLUTION NO. 8498 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 THE USE OF CLASSROOM SPACE AT VALLECITO, MARY SILVEIRP_ AND DIXIE SCHOOLS (Three year lease from 9/1/91 through 8/31/94 @ $.42/sq. ft. in 91/92, $.45/sq. ft. in 92/93 & $.48 sq. ft. in a copy of which is hereby attached and by this reference made a 93/94 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 SEPTEMBER , 1991 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None N .. SNE M. LEO CINI, CITY CLERK ORIGINAL see 1 THIS LEASE is entered into as of the 1st day of September 1991 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 5 et, seq, to lease any real property, together with personal property thereon, belonging to the 6 DISTRICT 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 13 pages CP 1 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-six months commencing 20 September 1, 1991 and ending August 31, 1994 subject, however, to earlier termination as 21 hereinafter 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 13 pages I 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 $.42 per square foot, per 10 month between 9/1/91 and 8/31/92; $.45 per square foot per month between 9/1/92 and 8/31/93; 11 $.48 per square foot per month between 9/1/93 and 8/31/94 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 13 pages 1 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 fromt 9 the re -lease will be used to mitigate future rents due by the LESSEE but will not negate 10 any 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 July 1 and September 1 each year based upon actual costs 19 and LESSEE shall remit or receive the adjustment within thirty (30) days of notification of 20 adjustment. Utility costs and estimates for this lease shall be spelled out in detail on Exhibit #3, 21 attached hereto and incorporated herein and made a part of this lease agreement. 22 If at any time LESSEE is in disagreement with the prorated estimate of utilities cost, 23 LESSEE shall be granted permission to install, at LESSEE's expense, separate meters and 24 thereafter pay only the metered rate. Page 4 of 13 pages 1 9. CUSTODIAL CLEANING SERVICES. LESSEE shall provide its own custodial 2 services, either by its own staff or through utilization of various commercial concerns which provide 3 this service. DISTRICT assumes no responsibility for custodial services, unless so stipulated in 4 writing to LESSOR from LESSEE. 5 10. MAINTENANCE AND REPAIRS. DISTRICT shall maintain and keep repaired the 6 roof, exterior surfaces, heating and air conditioning facilities, and electrical and plumbing facilities 7 of the buildings in which the premises are located and ancillary facilities and grounds of the 8 SCHOOL. Such maintenance and repairs shall be at the expense of the DISTRICT except for 9 maintenance and repairs which are caused by the willful or negligent acts of LESSEE or its invitees. 10 The level of such maintenance and repairs shall be comparable to the level of effort that occurs at 11 other DISTRICT sites which are utilized by DISTRICT for educational purposes. 12 Maintenance and repairs of the premises, except maintenance and repairs required by 13 normal wear and tear, shall be at the expense of the LESSEE. DISTRICT shall not be required 14 nor expected to provide maintenance and repairs to the premises necessitated by the willful or 15 negligent acts of LESSEE or its invitees, or by acts of vandalism to the premises which are beyond 16 the control of DISTRICT. Specific details of maintenance which differ from that specified above 17 shall be prescribed on Exhibit #4, attached hereto and incorporated herein and made a part of this 18 lease agreement. 19 It is stipulated by LESSEE, by entry into possession, that premises are in good condition, 20 reasonable wear and tear excepted. 21 Any maintenance and repairs of the premises not required to be performed at the expense 22 of DISTRICT and requested by LESSEE, shall be performed by DISTRICT at the expense of the 23 LESSEE, for which DISTRICT shall charge LESSEE the same rate which DISTRICT charges its 24 own schools and other public agencies at the time the service is performed. Page 5 of 13 pages 1 11. GROUNDS. It is stipulated and expressly noted by both parties that DISTRICT has, 2 and will continue, to make grounds available for open community use in the same manner as in the 3 past. Therefore, DISTRICT assumes responsibility for grounds maintenance and landscape 4 grooming to the same extent and to the same level of effort that occurs at other DISTRICT sites 5 which are utilized for educational purposes. DISTRICT recognizes that some minor landscaping 6 changes may be requested in those areas immediately adjacent to the subject leased space and will 7 consider any improvements requested by LESSEE at LESSEE'S expense. 8 12. LIABILITY INSURANCE. LESSEE shall acquire and keep in force, during the term 9 of the lease, at LESSEE's expense and with companies and policies in a form satisfactory to 10 DISTRICT, insurance against injury to persons or property on the premises which shall include 11 property damage coverage in the amount of One Hundred Thousand Dollars ($100,000.00) for each 12 occurrence; together with bodily injury insurance in the amount of Three Hundred Thousand 13 Dollars ($300,000.00) for one person and One Million Dollars ($1,000,000.00) for one accident. The 14 policies shall specifically designate that DISTRICT is an additional named insured thereunder and 15 LESSEE shall furnish DISTRICT a certificate of such insurance. LESSEE shall obtain written 16 obligation on the part of any such insurance company to notify DISTRICT in writing within a 17 reasonable time prior to any cancellation, reduction, or modification of any such policy. 18 It is further agreed that the LESSEE's liability policy shall be endorsed to be primary 19 insurance as respect to the interest of DISTRICT and that any other insurance maintained by the 20 DISTRICT is excess and not contributing insurance with the insurance required hereunder. 21 13. FIRE INSURANCE. LESSEE agrees that DISTRICT shall acquire the necessary fire 22 insurance on the premises and to pay the premiums therefore, and LESSEE shall repay to 23 DISTRICT the expense incurred by DISTRICT for such insurance. Such amount shall be deemed 24 to be additional lease payments and shall be payable as such. These costs shall be spelled out in Page 6 of 13 pages 1 detail in Exhibit #5. The obligation of LESSEE hereunder shall be subject to the following 2 limitations: 3 (a) In the event of loss, the LESSEE and DISTRICT shall equally share the deductible 4 expense incurred, provided that the loss was caused by fire which originated on that portion of the 5 leased premises occupied by LESSEE. In the event that the loss originated in any location other 6 than described in Section 13 (a), the LESSEE shall not be required to pay any deductible expense. 7 (b) That portion of DISTRICT'S fire insurance costs allocable to the premises leased by 8 LESSEE is to be determined as provided on Exhibit #5, attached hereto and incorporated herein 9 and made a part of this lease agreement. Nothing contained in this section shall be deemed to 10 constitute a waiver by DISTRICT of any rights which it may have against LESSEE for its negligent 11 or intentional acts. 12 14. USE PERMIT AND TERMINATION. LESSEE shall secure a Use Permit from the 13 City of San Rafael, or the County of Marin, whichsoever has jurisdiction, together with all other 14 necessary permits and approvals from the appropriate governmental entity. DISTRICT shall 15 support LESSEE to secure such a Use Permit. Said Use Permit must be obtained as a condition 16 of the commencement of the term of this lease. 17 15. ASSIGNMENT AND SUBLETTING. LESSEE shall not assign this lease or any 18 interest therein, nor lease or sublet the premises, or any part thereof, or any right or privilege 19 appurtenant thereto, nor permit the occupancy or use of any part thereof by any other person, 20 without prior written consent of DISTRICT, and a consent to any one assignment, subletting, 21 occupancy or use shall not relieve LESSEE of its obligations hereunder. Any such purported 22 assignment, sublease, occupancy or use without the prior written consent of DISTRICT shall be null 23 and void. 24 16. ENTRY BY DISTRICT. DISTRICT and its agents shall have the right at any Page 7 of 13 pages 1 reasonable time to enter upon the premises, so long as it does not interfere with any reasonable 2 business of LESSEE, for the purposes of inspection, serving and posting notices, and making any 3 necessary repairs, alterations or additions to any portion of the premises, complying with laws, 4 ordinances, and regulations, protecting the premises, or for any other lawful purpose, including 5 showing the premises to prospective purchasers or tenants. 6 17. KEYS. The existing Schlage lock system shall be maintained and controlled by 7 DISTRICT. DISTRICT shall provide without cost, initial key service as required by LESSEE. 8 Copies of keys shall be provided by DISTRICT paly. 9 18. CONSTRUCTION. LESSEE shall not enter into any contract or agreement with any 10 City, County, or any governmental agency or body or public utility with reference to sewer lines or 11 connections, water lines or connections, street improvements, including but not limited to curbs, 12 gutters, parkways and street lighting, or utility connections, lines or easements without prior written 13 consent of DISTRICT. Furthermore, no construction, removal, or demolition which changes the 14 internal or external configuration, structural integrity, or ventilation patterns of the premises shall 15 be effected without prior written consent of DISTRICT. Any improvements permitted shall comply 16 with structural requirements for school buildings. 17 DISTRICT recognizes the changing nature of building utilization and this paragraph is not 18 intended to discourage modifications, additions, or alterations. Rather, it is intended to stress that 19 any changes must be in conformance with structural requirements for school buildings together with 20 compatibility with the surrounding community. All construction presently intended to be 21 undertaken by LESSEE is detailed on Exhibit #6, attached hereto and incorporated herein and 22 made a part of this lease agreement. Except as otherwise agreed by DISTRICT, all such 23 construction and improvements shall become the property of DISTRICT upon termination of this 24 lease. Page 8 of 13 pages 1 19. ABANDONMENT. LESSEE agrees not to vacate or abandon the premises at any time 2 during the term of this lease. Should LESSEE vacate or abandon the premises or be dispossessed 3 by process of law or otherwise in any event after the term of this lease shall have expired, or the 4 lease shall have otherwise terminated, any personal property belonging to LESSEE and left on the 5 premises shall, at DISTRICT's option, be deemed to be abandoned unless removed pursuant to the 6 provisions of Section 21 of this lease. 7 20. SURRENDER OF POSSESSION. Upon expiration of the term of this lease, or any 8 earlier termination thereof, LESSEE shall surrender to DISTRICT possession of the premises. 9 Upon surrender the premises shall be clean and in good condition, reasonable wear and tear 10 excepted. 11 21. REMOVAL OF PERSONAL PROPERTY. LESSEE may remove or cause to be 12 removed all movable furniture, furnishings and equipment installed in the premises and on the 13 SCHOOL. Any personal property that is not removed therefrom within ten (10) days after the date 14 or the termination of this lease thereafter shall belong to DISTRICT without the payment of any 15 consideration. 16 22. HOLD HARMLESS. LESSOR shall hold harmless, indemnify, including attorney's 17 fees, and defend the LESSEE from any liability for personal injury or property damage arising out 18 of any negligence of intentional acts or omissions by the LESSOR, its agents or employees. 19 LESSEE shall hold harmless, indemnify including attorney's fees, and defend LESSOR from any 20 liability for personal injury or property damage arising out of LESSEE's use of the premises or 21 playground equipment, or installation of playground equipment, pursuant to this Agreement and/or 22 any negligence or intentional acts or omissions by the LESSEE, its agents or employees. Nothing 23 in this paragraph shall be deemed or construed to eliminate, affect or alter in any way, any rights 24 or remedies which LESSEE has or may have against LESSEE's of other premises in the school for Page 9 of 13 pages 1 negligent or intentional acts or omissions of said Lessees. 2 23. LIMITATION ON DISTRICT'S RESPONSIBILITIES. DISTRICT shall not be liable 3 for any damage, compensation or claim for abatement of rent or otherwise by reason of any 4 inconvenience, annoyance, injury, loss or damage arising from the installation operation or 5 maintenance of any equipment or service, or from any failure to furnish or keep said equipment 6 or service in operation, when caused by accidents or conditions beyond the reasonable control of 7 DISTRICT, arising from repairs, removal, improvements needful in the judgement of DISTRICT, 8 or because of power failures, labor disturbances or labor disputes of any character. No failure, 9 defect, omission, or delay in furnishing installation, operation or maintenance of any equipment or 10 service shall relieve LESSEE from the duty to pay the full amount herein received. Notwithstanding 11 the foregoing in the event that any of the aforesaid circumstances prevent LESSEE from using the 12 premises for the purposes set forth in Exhibit #2, for more than 30 consecutive calendar days, 13 LESSEE's rent after such 30 day period for the unusable portion of the premises shall be abated 14 until the premises become tenantable. 15 24. NOTICES. Any notices to be given or other documents to be delivered by any party 16 to the other, or others, hereunder, may be delivered in person to an officer of any party, or may 17 be deposited in the United States mail in the State of California, duly certified or registered, with 18 postage prepaid and addressed to the party for whom it is intended as follows: 19 (a) To DISTRICT at its business office: 20 380 Nova Albion Way 21 San Rafael, CA 94903 22 23 24 Page 10 of 13 pages 1 (b) To LESSEE at its business office: 2 P.O. Box 151560 3 San Rafael, CA 94913-2560 4 25. DEPOSITS. DISTRICT hereby acknowledges receipt of the sum of Two Thousand Five 5 Hundred Thirteen and 32/100 dollars ($2,513.32) for the last month's rent. DISTRICT further 6 acknowledges receipt of the sum of One Hundred Fifty and no/100 dollars ($150.00) as a deposit 7 as security for the cleaning of the premises upon termination of the lease. These amounts shall be 8 shown in more detail on Exhibit #7, attached hereto and incorporated herein and made a part of 9 this agreement. In the event LESSEE shall have fully performed all the terms and conditions of 10 this lease throughout the term hereof, and at the expiration hereof shall not be in default under this 11 lease, then DISTRICT shall return said deposit to LESSEE. 12 26. UNAVOIDABLE DELAY - FORCE MAJEURE. If either party shall be delayed or 13 prevented from the performance of any act required by this lease by reason of acts of God, strikes, 14 lockouts, labor troubles, inability to procure materials, restrictive governmental laws, or regulations 15 or other cause, without fault and beyond the reasonable control of the part obligated (financial 16 inability excepted), performance of such act shall be excused for the period of the delay and the 17 period for the performance of any such act shall be extended for a period equivalent to the period 18 of such delay provided, however, nothing in this section shall excuse LESSEE from the prompt 19 payment of any charge required of LESSEE except as may be expressly provided elsewhere in this 20 lease. 21 27. TOTAL OR PARTIAL DESTRUCTION. In the event that the premises are totally 22 or partially destroyed, DISTRICT shall cause premises to be repaired within the period of 120 days. 23 During the period of repair, LESSEE's rent for the unusable portion of the premises shall be 24 abated. If repairs cannot be completed within 120 days, then either LESSEE or DISTRICT shall Page 11 of 13 pages 1 have the option to terminate this lease. However, DISTRICT shall have the option to provide 2 LESSEE with comparable facilities at another School within the Dixie School District, in which case 3 rental per square foot provided by this lease shall be applicable to the alternate space provided and 4 LESSEE shall not have the option to terminate this lease. 5 28. TAXES. LESSEE shall pay any Possessory Use Tax or other Real Estate Tax which 6 may be levied. It shall not be the responsibility of DISTRICT to determine whether or not such 7 taxes are required or due. 8 29. TERMINATION OF LEASE. This lease shall be terminable; (1) by the Lessor upon 9 the giving of six (6) months' written notice in the event of sale of premises; (2) by the lessor upon 10 the giving of six (6) months written notice, if lessor hereafter determines that it has a need to 11 reemploy the premises for the purpose of classroom instruction, or school district use and/or to 12 renovate or reconstruct the existing building for such purpose; (3) by lessor, upon the giving of sixty 13 (60) days written notice, should problems arise of such severity that lessor in reasonable exercise 14 of its discretion, determines that continued use of the premises by lessee is not in the best interest 15 of the school district or community; (4) by the lessor on sixty (60) days written notice in the event 16 that lessee ceases to employ the premises exclusively for the permitted purposes; (5) by the lessor, 17 at any time, after violation or nonperformance by the lessee of any of the terms and provisions 18 hereof, incurred after sixty (60) days written notice; and (6) by the lessee upon the giving of six (6) 19 months written notice, if lessee hereafter determines that continuation of the child care program 20 is not in the best interest of the city or the community. Page 12 of 13 pages 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 IN WITNESS WHEREOF, each of the parties hereto has caused this lease to be executed by its officers thereunto duly authorized and the corporate seal affixed as of the day and year first above written. Attest: Jeanne M. Leoncini City Clerk Approved as to form: Gary T. Ragghianti City Attorney THE TRUSTEES OF THE DIXIE SCHOOL DISTRICT By: Whose Title is: THE CITY OF SAN RAFAEL By: Lawrence E. Mulryan Whose Title is: Mayor Approved as to content: Pamela J. Nicolai City Manager Appendix attached hereto as Exhibit #1 through #7 inclusive. Approved as to form and content by Marin County Counsel: s/Ruth Rosen Ruth Rosen, Deputy County Counsel Page 13 of 13 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 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.; 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 Sic .. Ft. 1991/92 $.42 Plus access to the Gymnasium or Multi -Purpose Room at Vallecito School between the hours of 3:30 P.M. and 5:30 P.M. each school day, allowing for occasional exceptions. FLAT RATE The premises so leased are outlined on the appended map. Total Monthly Rent $2,413.32 100.00 $2,513.32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 EXHIBIT #3 - CITY OF SAN RAFAEL Utilitv Cost Estimate Allocation Allocation Factors Sq. Ft. of Site: Sq. Ft. of Area: % of Site Leased (Factor) Utilitv Cost Estimate Allocation Gas & Electricity Water/Garbage Total Utilities Factor .1336 x above: - 12 = Monthly Charge * This amount will be adjusted to actual cost in August, 1992. 43,000 5,746 13.36% $30,000.00 25,000.00 $55.000.00 7,348.00 612.33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 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 $33,822.18 Site % of Total 5,097.00 Factor .1336 x above 680.96 - 12 = Monthly Charge $ 56.75 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 #6 - CITY OF SAN RAFAEL Construction No construction shall be permitted except by written approval of the Dixie School District Board of Trustees. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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) DIXIE SCHOOL DISTRICT Business Service Administration COMPUTATION OF LEASE COSTS TENANT: CITY OF SAN RAFAEL 9/1/91 SITE: VALLECITO, DIXIE, & MARY E. SILVEIRA SCHOOLS 2,500.00 AREA: ONE DOUBLE CLASSROOM, TWO REGULAR CLASSROOMS & OFFICE ACCESS TO VALLECITO GYMNASIUM OR MULTI PURPOSE ROOM ONE REGULAR CLASSROOM - DIXIE; Factor .1336 x above: ONE REGULAR CLASSROOM - MARY E. SILVEIRA - 12 = Monthly Charge DETERMINATION OF FACTOR: 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% BASIC RENT: 5,746 x.42 = $2,413.32 Per Month Gym and Multi -Purpose Room, Flat Rate $100.00 INSURANCE: Annual District Premium $33,822.18 Site % of total 5,097.00 Factor .1110 x above 680.96 - 12 = Monthly Charge: 56.75 UTILITIES: Gas and Electricity $30,000.00 Garbage 2,500.00 Water (to building) 22,500.00 Total Utilities 55,000.00 Factor .1336 x above: 7,348.00 - 12 = Monthly Charge 612.33 RECAP: RENT $2,513.32 INSURANCE 56.75 UTILITIES $ 612.33 TOTAL $3,182.40 * This amount will be adjusted annually (August) to actual cost.