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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-