HomeMy WebLinkAboutCC Resolution 7842 (First Congregational Church)RESOLUTION NO. 7842
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
VICE
The/MAYOR and CITY CLERK are authorized to execute, on
behalf of the City of San Rafael a contract, lease or agreement
with
FIP.ST CONGREGATIONAL CHURCH for Pooh Corner Cooperative
Nursery School (from 9/1/88 thru 8/31/89 @ $400.00 per month for
first 6 months, and $430.00 per month for second 6 months)
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 reqular meeting of
the City Council of said City held on Monday the 3rd
day of October , 19 88 by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
J
�EM. LEON INI, CITY CLERK
0REG9iVAl
�a�'z
L E A S E
THIS LEASE, made and entered into as of the first day of
September, 1988 by and between the City of San Rafael, a
Municipal Corporation, hereinafter referred to as "Lessee",
and The First Congregational Church of San Rafael, California
hereinafter referred to as "Lessor". The parties hereby
agree as follows:
1. Lessor, for and in consideration of the rents,
covenants and provisions herein contained, does hereby lease
to Lessee and hereby hires from Lessor, that portion of the
real property situated at 8 North San Pedro Road in the City
of San Rafael, California, more particularly described as
fellowship hall (lower level, main building) and kitchen,
restrooms, westernmost storage closet and fenced outdoor
play area, all adjacent to said fellowship hall, hereinafter
referred to as the "premises" or "leased premises".
2. The term of this lease is twelve months commencing
on the first day of September, 1988 and terminating August
31, 1989. The total rent for said period is Four Thousand
Nine Hundred Eighty Dollars ($4,980.00). Lessee agrees to
pay, and Lessor to accept, monthly payments of Four Hundred
Dollars ($400.00), payable on the first day of each calendar
month during the first six months of the leasehold and Four
Hundred Thirty Dollars ($430.00) the second six months of the
leasehold term.
+: '100071
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3. Lessee shall maintain the leased premises during the
leasehold term. Lessee shall furnish its own custodial
services and supplies on a daily basis, Monday through
Friday, during the leasehold term. Lessee shall maintain
the premises in a generally sightly and safe condition.
Lessee shall endeavor to keep the premises free of litter and
defacements caused by the nursery school enrollees.
4. The leased premises shall be available for use by
Lessee between the hours of 8:00 AM and 12:00 noon daily,
Monday through Friday, during the leasehold term. Lessor
reserves the right to lease or otherwise use the leased
premises at all other times. Lessor and/or any other such
lessee shall be responsible for maintenance of the premises
and/or liability arising out of any such lease or use.
5. The premises are leased to Lessee for the sole
purpose of operating the parent cooperative nursery school
known as Pooh Corner. Lessee shall not use the premises or
any part thereof for any purpose unrelated to Pooh Corner
without prior written consent of Lessor.
6. Lessor shall pay for utility services to the leased
premises, including refuse pickup, water, gas and
electricity.
7. Any repairs necessitated by breakdown or malfunction
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of steam table, refrigerator, stove, stove hood exhaust fan
or freezer shall be arranged by Lessor and paid for by Lessee
if caused by Lessee's use of the equipment involved.
S. Lessee shall pay for all telephone services furnished
to the nursery school during the term of this lease.
9. Lessee agrees that the leased premises are in a
tenantable and good condition, and Lessee agrees to take good
care of the premises and appurtenances including any furni-
ture goods or other personal property belonging to Lessor, &
hereby waives all right to make repairs at Lessor's expense
under the provisions of Section 1942 of the Civil Code of
California, and all rights provided for under Section 1941
of the Civil Code. All damage or injury done to the leased
premises by Lessee or any person who may be on the premises
with Lessee's consent shall be paid for by Lessee.
10. Lessee shall, at the termination of this lease,
surrender to Lessor the leased premises with appurtenances
and all furniture, goods and other personal property
belonging to the Lessor in as good condition and repair as
when received, reasonable and proper use thereof, action of
the elements, normal depreciation, obsolescence and other
causes, happenings and occurrences beyond the reasonable
control of the Lessee, excepted.
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11. Lessor agrees that no religious service or
observance shall be conducted in or on the leased premises
during the regular hours the nursery school is in operation.
12. Lessee shall, in the use of the premises, observe
all municipal ordinances and state and federal statutes
which are now or hereinafter in force.
13. Lessee shall not assign this lease or sublet the
leased premises without prior written consent of the Lessor.
14. If the leased premises or any part thereof should
be so injured by fire or other casualty so as to be
rendered unfit for occupancy by Lessee, Lessor or Lessee may
at its option elect to terminate this lease upon five (5)
days' written notice to the other party. Lessee shall not
be obligated to pay any rent for that part of the premises
damaged and unfit for use by Lessee.
15. Lessee will furnish Lessor with proof that Lessor
has been named as an additional insured under Lessee's
comprehensive public liability insurance policy during the
term of this lease or anv extension thereof. Lessee will at
all times during such term or extension thereof maintain such
coverage with limits of not less than $1,000,000 as to any
one person and $1,000,000 as to any one occurence, and
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$1,000,000 as to property damage.
16. Lessee and Lessor agree to submit any claims arising
under the terms of this agreement to binding arbitration
pursuant to the current provisions of the California Code
Civil Procedure or any successor statutes.
17. At the expiration of the leasehold, Lessee has the
option of renewing this lease for an additional twelve
month term. Lessee's option shall be exercised at lease
thirty (30) days prior to the expiration of the original
term. Rental charges payable under this lease shall be
subject to negotiation during the period between the
Lessee's notification of exercise of its option and the
renewal date. If the parties do not reach an agreement as to
the rental amount, then the option to renew shall not be
effective. Lessee's notice of exercise of the option shall
be in writing and addressed to Lessor at 8 North San Pedro
Road, San Rafael, California.
18. Each party shall notify the other in writing of any
breach of any covenant or condition contained herein. If
either party, after notice, fails to adhere to the covenants
and conditions contained herein within ten days after the
receipt of such written notice, that party shall be in
breach of this lease.
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19. This lease shall be binding on the parties hereto,
their successors and assigns.
20. Lessee shall not install or affix any equipment,
fixture, apparatus, structural addition or appliance to the
premises of Lessor without prior written consent of Lessor.
21. All equipment, apparatus, appliances, fixtures and
all other property of whatsoever nature made or placed upon
the premises by Lessee, fences excluded, shall remain the
property of Lessee and may be removed by Lessee in whole or
in part at any time before the termination of this lease or
within a reasonable time thereafter, and shall be so removed
within such reasonable time thereafter upon request by
Lessor. Lessee shall restore the leased premises to their
condition at the commencement of the lease term, normal wear
and tear excepted.
22. Damaged or broken supplies or equipment owned by
Lessee shall be removed from Lessor's premises at Lessee's
cost within a reasonable time, but in no event shall such
removal occur less frequently than once every two weeks.
23. Lessee may paint the leased premises, other than the
cinder block walls therof, subject to Lessor's approval as to
type and color of paint and areas to be painted; the cinder
MM
block walls of the leased premises shall be left in their
present natural color. Lessee shall pay for any such
painting costs.
24. Lessee may supplement storage facilities upon the
leased premises for the storage of instructional equipment
and supplies, subject to the prior approval of Lessor.
25. At all times that Lessee is not providing an
instructional program, Lessee shall place all of its movable
equipment, including but not limited to wheel toys, within a
locked storage area, to render these items unavailable to
anyone but Lessee's participating students.
26. Lessee shall keep the leased premises free from any
liens arising out of any work performed, material furnished
or obligations incurred by Lessee.
27. If suit shall be brought for an unlawful detainer of
the leased premises, or for the recovery of rent due under
the provisions of this lease, or because of the breach of any
other covenant contained herein, the losing party in such
litigation shall pay the prevailing party's attorney's fees,
which may be fixed by the Court.
28. If the Lessee has breached the terms of this lease,
the acceptance of rent payment by Lessor does not consitute
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a waiver of Lessor's rights arising out of said breach.
29. Any holding over after the expiration of the term
hereof, with the consent of Lessor, shall be construed to
be a tenancy from month to month, at the rental amount for
the last month of the preceding term, together with
additional payments called for under Paragraphs 8 and 9
hereof.
30. Lessee represents that the nursery school program
for which the premises are leased hereunder has tax-exempt
status.
31. Considering Lessee's program is dependent upon
adequate student participation, if the lack of student
participation forces the cancellation of the program, Lessee
may terminate this lease upon thirty (30) days' notice to
Lessor. In such circumstances, Lessee is not liable for
the remainder of rent due under this lease. Any unused
amortized rents shall be pro -rated and refunded to Lessee.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement as of September 1, 1988.
ATTEST: CITY OF SAN RAFAEL
CITY CLERK VICE_MAYOR
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
CITY ATTORNEY CITY MANAGER
THE FIRST CONGREGATIONAL CHURCH
OF SAN RAFAEL, CALIFORNIA
CHAIRMAN, BOARD OF TRUSTEES