HomeMy WebLinkAboutCC Resolution 14338 (Dixie School District Lease Agr)RESOLUTION NO. 14338
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT BETWEEN THE DIXIE SCHOOL
DISTRICT AND THE CITY OF SAN RAFAEL FOR LAND AND
FACILITY USE AT DIXIE, MARY SILVEIRA AND VALLECITO
SCHOOLS
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
WHEREAS, the City of San Rafael provides child care services at Dixie, Mary Silveira and Vallecito
elementary school campuses; and
WHEREAS, the Dixie School District has approved a land lease and facility use agreement with the City
of San Rafael, in the form attached hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, the term of the lease is from July 3, 2017 to June 30, 2027 at a rent of $1.00 per year;
NOW THEREFORE, BE IT RESOLVED, the City Council approves and authorizes the City Manager to
sign a lease with Dixie School District in the form attached hereto as Exhibit "A", subject to final
approval at to form by the City Attorney.
I, ESTHER C. BEIRNE, 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 council of said City on Monday, the
5' of June, 2017 by the following vote to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
LEASE
This Lease is entered into this I— day ofJt,� , 2017 between the City of San
Rafael, (hereinafter "CITY") and the Dixie School bistrict, (hereinafter "LANDLORD"),
who agree as follows:
1. PREMISES. -LANDLORD leases to CITY and CITY leasesfrom LANDLORD a
portion of the following real property hereinafter collectively referred to as
"Premises:" approximately 2,970 square feet located at Dixie School, 1175
Idylberry Road; approximately 2,444 square feet located at Mary E. Silveira
School, 375 Blackstone Drive and approximately 2,622 square feet located at
Vallecito School, 50 Nova Albion Way, in San Rafael, California. The Premises
are more particularly described in Exhibit A, which is attached hereto and made
part of this Lease by this reference.
2. TERM. The term of this Lease shall be from July 1, 2017 to June 30, 2027,
unless terminated as provided in this Lease. Either party may terminate this
Lease upon giving six (6) months written notice to the other.
3. USE OF PREMISES. The Premises shall be used by CITY solely for the
purpose of operating a day care center for children and for uses incidental and
reasonably related thereto. Use shall be restricted to before and after school
hours during Landlord's school year and to the hours of 6:00 a.m. to 7:00 p.m.
during Landord's summer, winter and spring recess. LANDLORD also grants
to CITY and CITY accepts a license for access to the Premises by the CITY, its
employees, agents and clients of the day care center, and for their use of parking
spaces in the parking lot of each property during the hours stated above. CITY
may continue to use and maintain at its own expense the portable buildings
presently installed on the Premises. Installation of additional or replacement
building(s) shall be subject to District's advance, written approval. Use of the
rooms and facilities specified in Exhibit B shall be as set forth in Exhibit B.
CITY's use of any other rooms or facilities on the Dixie School, Mary E.
Silveira School, or Vallecito School campuses shall be in accordance with
LANDLORD's facilities use policies and procedures.
4. RENT. CITY agrees to pay LANDLORD the sum of $1.00 annual rental fee
for ground leases, payable on the commencement date of the Lease and on the
annual anniversary of the commencement date each year thereafter.
5. JANITORIAL SERVICES. MAI ENANCE AND REPAIR. CITY at its
cost shall provide usual and customary janitorial services to the Premises.
CITY shall be responsible for all maintenance and repair of its portable
buildings and any other property it has or uses on the Premises. In addition
CITY shall be responsible for all maintenance and repair of LANDLORD's
property to the extent sudh maintenance or repair is necessitated by CITY's or
CITY's agents, employees' or invitees' negligence or misuse.
Exhibit "A"
G. ALTERATIONS. No alterations in or on the Premises or elsewhere on the
school campuses shall be made by CITY without the advance, written consent
of LANDLORD. Immediately before the expiration of the term or within 10
days after termination of the term or any notice terminating this Lease, CITY
shall have the right to remove from the Premises any alterations, additions or
improvements CITY has made to the Premises, including the portable buildings
described above, provided CITY, at its cost, promptly pays for any damage
occasioned thereby or restores LANDLORD's property to its condition prior to
CITY's occupation of the Premises, normal wear and tear expected.
7. TJTILITIES. LANDLORD shall pay for all utilities and services, including
without limitation, gas, electricity and water. Unless the Premises are
separately metered at CITY's expense, LANDLORD will issue to CITY an
invoice for CITY's prorated share of utilities and CITY shall remit repayment
within fifteen (I 5) days of receipt. Connection to the utilities necessary for the
operation of the portable buildings will be the responsibility of CITY and will
be performed in a worker -like manner in conformance with all applicable laws
and regulations.
S. HOLD HARMLESS; CITY shall indemnify, hold harmless, and defend
LANDLORD, its board of trustees, officers, agents and employees from and
against all claims, damages, losses and expenses, including reasonable costs and
attorneys' fees, arising out of or resulting from CITY's performance of this
Lease, or work performed by CITY's agents or employees. LANDLORD shall
indemnify, hold harmless, and defend CITY and all of its officers, agents and
employees from and against all claims, damages, losses and expenses, including
reasonable costs and attorneys' fees, arising out of or resulting from
LANDLORD's performance of this Lease, or work performed by
LANDLORD's agents or employees.
9. INSURANCE.
a. CITY Insurance. CITY at its cost shall maintain public liability andproperty
damage insurance (including self-insurance) with combined limits of not
less than One Million Dollars ($1,000,000.00) per person and Three Million
Dollars ($3,000,000.00) per occurrence insuring against all liability of
CITY, its officers, agents and employees arising out of occupancy and in
connection with CITY's use of the premises and any other rooms and
facilities permitted under this Lease. CITY shall provide a certificate of
insurance to LANDLORD naming LANDLORD as additional insured.
b. LANDLORD. LANDLORD at its cost shall maintain public liability and
property damage insurance with liability limits of not less than One Million
Dollars ($1,000,000.00) per person and Three Million Dollars
($3,000,000.00) per occurrence insuring against all liability of
LANDLORD, its board of trustees, officers, agents and employees.
LANDLORD shall provide a certificate of insurance to CITY naming CITY
as additional insured.
c. Fire Insurance. Each party shall carry adequate fire insurance for its own
property.
I0. DESTRUCTION OF PREMISES. In the event of destruction of the Premises
or of any improvement, alteration or addition made by CITY thereon, CITY
shall be entitled, at its election, to terminate the Lease.
11. NON -TRANSFERABILITY. CITY agrees not to assign or sublet the leased
Premises or any portion thereof, without first obtaining the written consent of
LANDLORD. Any attempt to so assign or sublet without first obtaining
LANDLORD's written consent shall be null and void. In the event
LANDLORD gives written consent, said consent shall not constitute a waiver of
this provision, which shall remain in effect with respect to any and all
subsequent attempts to assign or sublet.
12. USE BY LANDLORD. CITY's use of the rooms and facilities set forth in
Exhibit B shall be subject to LANDLORD's use. LANDLORD shall give
CITY reasonable, advance notice of its intent to use such rooms and facilities.
13. HOLDING OVER. If CITY, with LANDLORD's consent remains in
possession of the Premises after expiration or termination of the term, or after
the date in any notice given by LANDLORD to CITY terminating this Lease,
such possession by CITY shall be deemed to be a month-to-month tenancy
terminable on 30 days' notice given at any time by either party. All provisions
of this Lease, except those pertaining to the term shall apply to the month-to-
month tenancy.
14. JNOTICE. As used in this Lease, notice includes but is not limited to the
communication of notice, request, demand, approval, statement, report,
acceptance, consent, waiver and appointment. All notices must be in writing.
Notice is considered given either (a) when delivered personally to the recipient
named below, or (b) when deposited in the United States, first class, postage
prepaid, addressed as follows:
Notice to CITY
Notice to LANDLORD
San Rafael Community Svcs.
Dixie School District
51 Albert Park Lane
Attn: Superintendent
San Rafael, CA 94901-3989
380 Nova Albion Way
San Rafael, CA 94903
15 SUCCESSORS IN INTEREST The provisions and conditions of
this Lease shall extend to and bind the assignees or transferees under
said Lease, and shall also extend to and bind heirs, executors,
administrators and successors in interest of the parties hereto.
16 RF.MF.DIFC FOR BREACH It is agreed between CITY and
LANDLORD that in the event CITY uses the Premises or attempts to
use the Premises for any purpose other than that hereinabove
authorized, or fails to keep and maintain said Premises as
hereinabove specified, or breaches any other covenant or condition of
this Lease, and any such event, default or breach (except
assignment or subletting) shall continue for a period of fourteen (14)
days after written notice thereof by LANDLORD to CITY, then
LANDLORD may pursue any remedies available under applicable
law, including termination of this Lease. Upon such
termination LANDLORD may re-enter the Premises and take
possession thereof, and oust CITY and all improvements alterations,
and additions therefrom, subject to the requirements of law for
unlawful detainer.
17. MISCELLANFOIIS. This Lease shall be interpreted in
accordance with the laws of the State of California, and shall be
construed as though each party participated equally in drafting w,
provisions. If any portion of this Lease is determined to be
unenforceable by a court of competent jurisdiction, the
unenforceable portion shall be severed and the remaining portions
shall continue in full force and effect.
Date:
City of San Rafael
By:I
Jim chu z, Cil�Iana er
Attest:
By:
Esther Beime, City Clerk
Approved as to form:
By: Y—J",4 1r,��
0
Robert F. Epstein, Ci Attor y
Date:
Dixie School District
EXHIBIT A
Exhibit B
to
LEASE
between
Dixie School District
and
City of San Rafael
CITY may use the rooms and facilities listed below for the fee stated. Pees shall be paid monthly
in advance. Use shall be restricted to before and after school hours during LandIord's school
year and to the hours of 6:00 a.m. to 7:00 p.m. during Landlord's summer, winter, and spring
recess. Landlord will provide usual and customary janitorial services to the rooms and facilities.
Dixie School - multipurpose room and designated playground $135/month
Mary E. Silveira - multipurpose room, library and designated restrooms
and playground $225/month
Vallecito - multipurpose room, music room and designated restrooms
and playground $225/month
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