HomeMy WebLinkAboutCC Resolution 7987 (Short School)RESOLUTION NO. 7987
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 Citv Schools for use of Short School
(July 1. 1989 throuah June 30. 1992)
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 19TH
day of JUNE , 19 89 by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer &
Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
c-
i
�E'NNE.f LEONCINI , CITY CL$Rk
7 ff7
LEASE AGREEMENT
SHORT SCHOOL
THIS AGREEMENT, entered into this 19TH day of JUNE , 1998 by
and between the City of San Rafael, hereinafter referred to as "CITY"
and the San Rafael School District, hereinafter referred to as
"DISTRICT".
W I T N E S S E T H
WHEREAS, District is the owner of that certain real property
known as SHORT SCHOOL; and
WHEREAS, the City wants to lease a portion of SHORT SCHOOL for
certain functions provided by the City of San Rafael Recreation
Department; and
WHEREAS, Education Code Sections 39500, et. sec., provide that a
school district may lease school property not needed for classroom use
to another governmental agency.
NOW, THEREFORE, BE IT HEREBY AGREED AS FOLLOWS:
1. District leases to City, and City leases from District,
portion of that property known as SHORT SCHOOL, hereinafter "RENTAL
PREMISES", (see attachment) for a period commencing July 1, 1989
through June 30, 1992 for the consideration shown in the schedule
below:
July
1,
1989 -
June
30,
1990
$2,670.00
per
month
July
1,
1990
- June
30,
1991
$2,804.00
per
month
July
1,
1991
- June
30,
1992
$2,944.00
per
month.
Rent is to be paid in quarterly installments no later than the
eighth (8th) calendar day after the start of the Lease; and, on the
first day of each quarterly period thereafter.
2. It shall be the obligation of the City to pay costs of water,
electricity, gas, alarms, garbage pick-up and minor maintenance and
grounds care. 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 total utility costs described
above based on the amount of square footage leased. Other tenants will
be billed by the City for such costs.
3. District is responsible for major maintenance of the plant,
including roofs, asphalt surfaces, heating and air conditioning and
major plumbing repairs.
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,
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.
-2-
6. 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.
7. District shall hold harmless, indemnify, including attorney's
fees, and defend the City from any liability for personal injury or
property damage arising out of structural defects and/or maintenance
of the rental premises and/or any negligent or intentional acts or
omissions by the District, its agents or employees.
8. The City shall not make structural alterations to the
premises without first receiving written permission from District.
9. 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.
10. This Agreement may be amended by the mutual consent of the
parties. Either party may terminate this Agreement on sixty (60)
days written notice to the other party.
IN WITNESS THEREOF, the parties hereto have executed this
Agreement on the day and year first written above.
Mc
CITY OF SAN RAFAEL:
LAWRENCE E. MULRYAN, Mayor
ATTEST:
J M.fLEONCINI, Cit. Clerk
�j�l "' - y
APPROVED AS TO CONTENT:
PAMELA J. NICOLAI, City Manager
SAN RAFAEL SCHOOL DISTRICT:
-tIVOMAS E. SOLA,-;sistant Supt.
GARY T. RAGGH-I-A TI, Ci�y Atorney
-4-