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HomeMy WebLinkAboutCC Resolution 7867 (Dixie School Lease Agr.)RESOLUTION NO. 7867 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 an extension of the IPacP anraaman� for Don Timoteo School for child care.(3 vear period from 9/1/87 through 8/31/90; @ .30� per sq. ft. 1987/88; .33� per sq. ft. 1988/89 and .36� per sq. ft. 1989/90) 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 5TH day of DECEMBER , 19 88 by the following vote, to wit: AYES: COUNCILMEMBERS : Boro, Breiner, Frugol i , Thayer and Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None JE Z'M. LEONCIN1, CITY CLERK 1 THIS LEASE is entered into as of the 1st day of September, 2 1987 by and between THE TRUSTEES OF THE DIXIE SCHOOL DISTRICT, 3 herein referred to as DISTRICT and THE CITY OF SAN RAFAEL, herein 4 referred to as LESSEE. 5 WHEREAS, DISTRICT is authorized by the provisions of 6 Education Code Section 39360 et, seq, to lease any real property, 7 together with personal property thereon, belonging to the 8 DISTRICT which is not currently required for educational 9 purposes; and 10 WHEREAS, LESSEE is desirous of obtaining such property for 11 its own use within the term, covenants, and conditions expressed 12 and implied within this lease: 13 NOW, THEREFORE, the parties agree as follows: 14 1. PREMISES LEASED. For and in consideration of the 15 payment of rental and other charges and of the performance of all 16 the covenants, terms, and conditions hereinafter provided to be 17 observed and performed by LESSEE, DISTRICT hereby leases to 18 LESSEE that enclosed space designated as all interior space of 19 Building #6, Room 11, 13 and exclusive use of designated 20 bathrooms, consisting of 5,140 square feet, located at the Don 21 Timoteo School ("SCHOOL"), 39 Trellis Drive, which is situated in 22 the Dixie School District, County of Marin, State of California. 23 Exhibit #1, attached hereto and incorporated herein and made a 24 part of this lease agreement, outlines the space described above 25 which is the subject of this lease, which space is herein 26 referred to as the "Premises". This lease shall be for the term, 27 Page 1 of 16 pages 1 at the rental and for the use and purposes, and upon and subject 2 to the covenants, conditions, and reservations, and restrictions 3 herein set forth. 4 2. ADDITIONAL LICENSE FOR A14CILLARY FACILITIES. LESSEE 5 shall have the right to nonexclusive use of ancillary facilities 6 at the SCHOOL, including shared walkways and shared corridors. 7 LESSEE shall have the right to exclusive use of that portion 8 of the parking facilities at the SCHOOL which is designated by 9 DISTRICT. In designating the parking space available for the 10 exclusive use of LESSEE, DISTRICT shall allocate available 11 parking space among lessees at the SCHOOL in approximately the 12 same proportion as the amount of space leased by each lessee at 13 the SCHOOL as well as the type of use intended by LESSEE. In 14 designating the parking space available to each lessee at the 15 SCHOOL, DISTRICT shall use reasonable, good faith efforts to 16 allocate space at locations which are close to the space leased 17 by each lessee and shall use reasonable efforts to keep space 18 allocated to each lessee contiguous. The decision of DISTRICT 19 made in accordance with the foregoing standards shall be final. 20 LESSEE shall have the right to nonexclusive use of 21 playgrounds and other grounds at the SCHOOL, for uses consistent 22 with the nature of those playgrounds and other grounds. However, 23 LESSEE acknowledges and agrees that DISTRICT shall be entitled to 24 make playgrounds and grounds available to community and all 25 lessees at the SCHOOL on a fair and reasonable basis, DISTRICT 26 shall be entitled to make reasonable, good faith determinations 27 Page 2 of 16 pages 1 allocating the time during which playgrounds and grounds shall be 2 set aside for uses by lessees and by the community. DISTRICT 3 shall make such determinations with a view to permitting maximum 4 use by all lessees and the community with a minimum of conflict. 5 In making such determination, DISTRICT shall take into account 6 the nature of each lessee's activities and periods of maximum use 7 of the facilities, the amount of space leased by each lessee, the 8 periods of maximum community use. The decision of DISTRICT made 9 in accordance with the foregoing standards shall be final. 10 3. TERM. The premises are leased for the term of Thirty 11 six months commencing September 1, 1987 and ending August 31, 12 1990 subject, however, to earlier termination as hereinafter 13 provided. 14 4. HOLDING OVER. This lease shall terminate and become 15 null and void without further notice upon expiration of the term 16 specified. Further occupancy shall be subject to a new lease. 17 5. USES AND PURPOSES. During the term of this lease, 18 LESSEE may use the subject space as noted on Exhibit #1 and that 19 specified in paragraph 1 for the purpose of operation by LESSEE 20 of the business and activity as noted on Exhibit #2, attached 21 hereto and incorporated herein, and made a part of this lease 22 agreement. Any other use except by specific written permission 23 of DISTRICT is specifically prohibited. 24 During the term, LESSEE shall at its sole cost and expense, 25 at all times during said term, conform to and cause all persons 26 using or occupying any part of said premises to comply with all 27 Page 3 of 16 pages 1 public laws, ordinances, regulations, use permits, and business 2 licenses from time to time applicable thereto and all operations 3 thereon. 4 6. RENTAL. LESSEE agrees to pay DISTRICT the sum of $.30 5 per square foot, per month between 9/1/87 and 8/31/88 for all the 6 enclosed space which is described within Exhibit #1. If lease is 7 continued for the following two years, the rates shall be 8 established at $.33 per square foot for 1988/89 and $.36 per 9 square foot for 1989/90 in lieu of increased or decreased 10 percentage rates as established by Consumer Price Index as 11 reported by the United States Department of Commerce. Exhibit #1 12 shall indicate the agreed upon number of square feet, together 13 with shared space in the event toilet facilities are shared by 14 more than one LESSEE. In this event, each LESSEE shall be 15 charged for the same ratio of toilet space as his other leased 16 space is to the total other leased space of all LESSEES utilizing 17 that toilet space. Ancillary facilities such as shared parking, 18 shared playground, shared sidewalks and corridors shall be made 19 available at no cost to LESSEE. This paragraph refers only to 20 basic space rental. Other costs which apply to the services of 21 utilities, insurance, custodial, and maintenance are treated 22 elsewhere and are equally a part of this entire lease agreement. 23 Rent shall be payable monthly in advance on the first on the 24 month. 25 7. UTILITIES. LESSEE shall pay District monthly for all 26 water, gas, heat, light, power, garbage, telephone service, and 27 Page 4 of 16 pages 1 all other service metered to the premises. DISTRICT further 2 reserves the right to install, at DISTRICT expense, separate 3 meters for any public utility servicing the premises for which a 4 meter is not presently installed in which event LESSEE shall make 5 payments when due directly to the public utility involved. When 6 separate metering systems are not employed, DISTRICT shall charge 7 a pro rata share of the utilities cost for the entire school 8 based upon DISTRICT records and upon DISTRICT's best estimate. 9 In this event, DISTRICT will make an annual adjustment to 10 utilities between July 1 and September 1 each year based upon 11 actual costs and LESSEE shall remit or receive the adjustment 12 within thirty (30) days of notification of adjustment. Utility 13 costs and estimates for this lease shall be spelled out in detail 14 on Exhibit #3, attached hereto and incorporated herein and made a 15 part of this lease agreement. 16 If at any time LESSEE is in disagreement with the prorated 17 estimate of utilities cost, LESSEE shall be granted permission to 18 install, at LESSEE's expense, separate meters and thereafter pay 19 only the metered rate. 20 8. CUSTODIAL CLEANING SERVICES. LESSEE shall provide its 21 own custodial services, either by its own staff or through 22 utilization of various commercial concerns which provide this 23 service. DISTRICT assumes no responsibility for custodial 24 services. 25 9. MAINTENA14CE AND REPAIRS. DISTRICT shall maintain and 26 keep repaired the roof, exterior surfaces, heating and air 27 Page 5 of 16 pages 1 conditioning facilities, and electrical and plumbing facilities 2 of the buildings in which the premises are located and ancillary 3 facilities and grounds of the SCHOOL. Such maintenance and 4 repairs shall be at the expense of the DISTRICT except for 5 maintenance and repairs which are caused by the willful or 6 negligent acts of LESSEE or its invitees. The level of such 7 maintenance and repairs shall be comparable to the level of 8 effort that occurs at other DISTRICT sites which are utilized by 9 DISTRICT for educational purposes. 10 Maintenance and repairs of the premises, except maintenance 11 and repairs required by normal wear and tear, shall be at the 12 expense of the LESSEE. DISTRICT shall not be required nor 13 expected to provide maintenance and repairs to the premises 14 necessitated by the willful or negligent acts of LESSEE or its 15 invitees, or by acts of vandalism to the premises which are 16 beyond the control of DISTRICT. Specific details of maintenance 17 which differ from that specified above shall be prescribed on 18 Exhibit #4, attached hereto and incorporated herein and made a 19 part of this lease agreement. 20 It is stipulated by LESSEE, by entry into possession, that 21 premises are in good condition, reasonable wear and tear 22 excepted. 23 Any maintenance and repairs of the premises not required to 24 be performed at the expense of DISTRICT and requested by LESSEE, 25 shall be performed by DISTRICT at the expense of the LESSEE, for 26 which DISTRICT shall charge LESSEE the same rate which DISTRICT 27 Page 6 of 16 pages 1 charges its own schools and other public agencies at the time the 2 service is performed. 3 10. GROUNDS. It is stipulated and expressly noted by both 4 parties that DISTRICT has, and will continue, to make grounds 5 available for open community use in the same manner as in the 6 past. Therefore, DISTRICT assumes responsibility for grounds 7 maintenance and landscape grooming to the same extent and to the 8 same level of effort that occurs at other DISTRICT sites which 9 are utilized for educational purposes. DISTRICT recognizes that 10 some minor landscaping changes may be requested in those areas 11 immediately adjacent to the subject leased space and will 12 consider any improvements requested by LESSEE at LESSEE's 13 expense. 14 11. LIABILITY INSURANCE. LESSEE shall acquire and keep in 15 force, during the term of the lease, at LESSEE's expense and with 16 companies and policies in a form satisfactory to DISTRICT, 17 insurance against injury to persons or property on the premises, 18 which shall include property damage coverage in the amount of One 19 Hundred Thousand Dollars ($100,000.00) for each occurrence; 20 together with bodily injury insurance in the amount of Three 21 Hundred Thousand Dollars ($300,000.00) for one person and One 22 Million Dollars ($1,000,000.00) for one accident. The policies 23 shall specifically designate that DISTRICT is an additional named 24 insured thereunder and LESSEE shall furnish DISTRICT a 25 certificate of such insurance. LESSEE shall obtain written 26 obligation on the part of any such insurance company to notify 27 Page 7 of 16 pages 1 DISTRICT in writing within a reasonable time prior to any 2 cancellation, reduction, or modification of any such policy. 3 It is further agreed that the LESSEE's liability policy 4 shall be endorsed to be primary insurance as respect to the 5 interest of DISTRICT and that any other insurance maintained by 6 the DISTRICT is excess and not contributing insurance with the 7 insurance required hereunder. 8 12. FIRE INSURANCE. LESSEE agrees that DISTRICT shall 9 acquire the necessary fire insurance on the premises and to pay 10 the premiums therefor, and LESSEE shall repay to DISTRICT the 11 expense incurred by DISTRICT for such insurance. Such amount 12 shall be deemed to be additional lease payments and shall be 13 payable as such. These costs shall be spelled out in detail in 14 Exhibit #5. The obligation of LESSEE hereunder shall be subject 15 to the following limitations: 16 (a) In the event of loss, the LESSEE and DISTRICT shall 17 equally share the deductible expense incurred, provided that the 18 loss was caused by fire which originated on that portion of the 19 leased premises occupied by LESSEE. In the event that the loss 20 originated in any location other than described in Section 12 21 (a), the LESSEE shall not be required to pay any deductible 22 expense. 23 (b) That portion of DISTRICT's fire insurance costs 24 allocable to the premises leased by LESSEE is to be determined as 25 provided on Exhibit #5, attached hereto and incorporated herein 26 and made a part of this lease agreement. Nothing contained in 27 Page 8 of 16 pages 1 this section shall be deemed to constitute a waiver by DISTRICT 2 of any rights which it may have against LESSEE for its negligent 3 or intentional acts. 4 13. TAXES. LESSEE shall pay any Possessory Use Tax or 5 other Real Estate Tax which may be levied against the premises. 6 It shall not be the responsibility of DISTRICT to determine 7 whether or not such taxes are required or due. 8 14. USE PERMIT AND TERMINATION. LESSEE shall secure a Use 9 Permit from the City of San Rafael, or the County of Marin, 10 whichsoever has jurisdiction, together with all other necessary 11 permits and approvals from the appropriate governmental entity. 12 DISTRICT shall support LESSEE to secure such a Use Permit. Said 13 Use Permit must be obtained as a condition of the commencement of 14 the term of this lease. 15 15. ASSIGIIME14T A14D SUBLETTING. LESSEE shall not assign 16 this lease or any interest therein, nor lease or sublet the 17 premises, or any part thereof, or any right or privilege 18 appurtenant thereto, nor permit the occupancy or use of any part 19 thereof by any other person, without prior written consent of 20 DISTRICT, and a consent to any one assignment, subletting, 21 occupancy or use shall not relieve LESSEE of its obligations 22 hereunder. Any such purported assignment, sublease, occupancy or 23 use without the prior written consent of DISTRICT shall be null 24 and void. 25 16. ENTRY BY DISTRICT. DISTRICT and its agents shall have 26 the right at any reasonable time to enter upon the premises, so 27 Page 9 of 16 pages 1 long as it does not interfere with any reasonable business of 2 LESSEE, for the purposes of inspection, serving and posting 3 notices, and making any necessary repairs, alterations or 4 additions to any portion of the premises, complying with laws, 5 ordinances, and regulations, protecting the premises, or for any 6 other lawful purpose, including showing the premises to 7 prospective purchasers or tenants. 8 17. KEYS. The existing Schlage lock system shall be 9 maintained and controlled by DISTRICT. DISTRICT shall provide 10 without cost, initial key service as required by LESSEE. Copies 11 of keys shall be provided by DISTRICT only. 12 18. CONSTRUCTION. LESSEE shall not enter into any contract 13 or agreement with any City, County, or any governmental agency or 14 body or public utility with reference to sewer lines or 15 connections, water lines or connections, street improvements, 16 including but not limited to curbs, gutters, parkways and street 17 lighting, or utility connections, lines or easements without 18 prior written consent of DISTRICT. Furthermore, no construction, 19 removal, or demolition which changes the internal or external 20 configuration, structural integrity, or ventilation patterns of 21 the premises shall be effected without prior written consent of 22 DISTRICT. Any improvements permitted shall comply with 23 structural requirements for school buildings. 24 DISTRICT recognizes the changing nature of building 25 utilization and this paragraph is not intended to discourage 26 modifications, additions, or alterations. Rather, it is intended 27 Page 10 of 16 pages 1 to stress that any changes must be in conformance with structural 2 requirements for school buildings together with compatibility 3 with the surrounding community. All construction presently 4 intended to be undertaken by LESSEE is detailed on Exhibit #6, 5 attached hereto and incorporated herein and made a part of this 6 lease agreement. Except as otherwise agreed by DISTRICT, all 7 such construction and improvements shall become the property of 8 DISTRICT upon termination of this lease. 9 19. ABANDONMENT. LESSEE agrees not to vacate or abandon 10 the premises at any time during the term of this lease. Should 11 LESSEE vacate or abandon the premises or be dispossessed by 12 process of law or otherwise in any event after the term of this 13 lease shall have expired, or the lease shall have otherwise 14 terminated, any personal property belonging to LESSEE and left on 15 the premises shall, at DISTRICT's option, be deemed to be 16 abandoned and shall be subject to the provisions of Section 21 of 17 this lease. 18 20. SURRENDER OF POSSESSION. Upon expiration of the term 19 of this lease, or any earlier termination thereof, LESSEE shall 20 surrender to DISTRICT possession of the premises. Upon surrender 21 the premises shall be clean and in good condition, reasonable 22 wear and tear excepted. 23 21. REMOVAL OF PERSONAL PROPERTY. LESSEE may remove or 24 cause to be removed all movable furniture, furnishings and 25 equipment installed in the premises and on the SCHOOL. Any 26 personal property that is not removed therefrom within tete (10) 27 Page 11 of 16 pages 1 days after the date of any termination of this lease thereafter 2 shall belong to DISTRICT without the payment of any 3 consideration. 4 22. HOLD HARMLESS. LESSOR shall hold harmless, indemnify, 5 including attorney's fees, and defend the LESSEE from any 6 liability for personal injury or property damage arising out of 7 any negligence of intentional acts or omissions by the LESSOR, 8 its agents or employees. LESSEE shall hold harmless, indemnify, 9 including attorney's fees, and defend LESSOR from any liability 10 for personal injury or property damage arising out of LESSEE's 11 use of the premises or playground equipment, or installation of 12 playground equipment, pursuant to this Agreement and/or any 13 negligence or intentional acts or omissions by the LESSEE, its 14 agents or employees. Nothing in this paragraph shall be deemed or 15 construed to eliminate, affect or alter in any way, any rights or 16 remedies which LESSEE has or may have against LESSEE's of other 17 premises in the school for negligent or intentional acts or 18 omissions of said Lessees. 19 23. LIMITATION ON DISTRICT'S RESPONSIBILITIES. DISTRICT 20 shall not be liable for any damage, compensation or claim for 21 abatement of rent or otherwise by reason of any inconvenience, 22 annoyance, injury, loss or damage arising from the installation, 23 operation or maintenance of any equipment or service, or from any 24 failure to furnish or keep said equipment or service in 25 operation, when caused by accidents or conditions beyond the 26 reasonable control of DISTRICT, arising from repairs, removal, 27 Page 12 of 16 pages 1 improvements needful in the judgement of DISTRICT, or because of 2 power failures, labor disturbances or labor disputes of any 3 character. No failure, defect, omission, or delay in furnishing 4 installation, operation or maintenance of any equipment or 5 service shall relieve LESSEE from the duty to pay the full amount 6 herein received. Notwithstanding the foregoing in the event that 7 any of the aforesaid circumstances prevent LESSEE from using the 8 premises for the purposes set forth in Exhibit 2, for more than 9 30 consecutive calendar days, LESSEE's rent after such 30 day 10 period for the unusable portion of the premises shall be abated 11 until the premises become tenantable. 12 24. NOTICES. Any notices to be given or other documents to 13 be delivered by any party to the other, or others, hereunder, may 14 be delivered in person to an officer of any party, or may be 15 deposited in the United States mail in the State of California, 16 duly certified or registered, with postage prepaid and addressed 17 to the party for whom it is intended as follows: 18 (a) To DISTRICT at its business office: 19 380 Nova Albion Way 20 San Rafael, CA 94903 21 (b) To LESSEE at its business office: 22 39 Trellis Drive 23 San Rafael, CA 94903 24 25. DEPOSITS. DISTRICT hereby acknowledges receipt of the 25 sum of Five Hundred Twenty-four and 16/100 ($524.16) for the last 26 month's rent. DISTRICT further acknowledges receipt of the sum 27 Page 13 of 16 pages 1 of One Hundred Fifty and no/100 dollars ($150.00) as a deposit as 2 security for the cleaning of the premises upon termination of the 3 lease. These amounts shall be shown in more detail on Exhibit 4 #7, attached hereto and incorporated herein and made a part of 5 this agreement. In the event LESSEE shall have fully performed 6 all the terms and conditions of this lease throughout the term 7 hereof, and at the expiration hereof shall not be in default 8 under this lease, then DISTRICT shall return said deposit to 9 LESSEE. 10 26. UNAVOIDABLE DELAY - FORCE MAJEURE. If either party 11 shall be delayed or prevented from the performance of any act 12 required by this lease by reason of acts of God, strikes, 1 lockouts, labor troubles, inability to procure materials, 2 restrictive governmental laws, or regulations or other cause, 3 without fault and beyond the reasonable control of the part 4 obligated (financial inability excepted), performance of such act 5 shall be excused for the period of the delay and the period for 6 the performance of any such act shall be extended for a period 7 equivalent to the period of such delay provided, however, nothing 8 in this section shall excuse LESSEE from the prompt payment of 9 any charge required of LESSEE except as may be expressly provided 10 elsewhere in this lease. 11 27. TOTAL OR PARTIAL DESTRUCTION. In the event that the 12 premises are totally or partially destroyed, DISTRICT shall cause 13 premises to be repaired within the period of 120 days. During 14 the period of repair, LESSEE's rent for the unusable portion of 15 Page 14 of 16 pages 1 the premises shall be abated. If repairs cannot be completed 2 within 120 days, then either LESSEE or DISTRICT shall have the 3 option to terminate this lease. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Page 15 of 16 pages 1 IN WITNESS WHEREOF, each of the parties hereto has caused 2 this lease to be executed by its officers thereunto duly 3 authorized and the corporate seal affixed as of the day and year 4 first above written. 5 6 THE TRUSTEES OF THE DIXIE SCHOOL DISTRICT 7 8 By 9 Whose Title is: 10 11 Attest: 12 13 By` JE . ISE E CINI 14 City Clerk THE CITY OF SAN RAFAEL By: LAWRENCE E. MULRYAN Whose Title is: Mayor 15 16 Approved as to form: 17 ' /y 18 l'/ r� s4�1- �gt a1z 19 G RY T. RAGGHI TI 20 City Attorney 21 Approved as to content: City Manager 22 Appendix attached hereto as Exhibits #1 through #7 inclusive. 23 Approved as to form and content by Marin County Counsel: 24 25 s/Ruth Rosen 26 Ruth Rosen, Deputy County Counsel 27 Page 16 of 16 pages 1 EXHIBIT #1 - CITY OF SAN RAFAEL 2 3 Monthly Rent Total Monthly 4 Premises Leased Per Sq. Ft. Rent 5 6 1987/88 7 All interior space of $.30 $1,542.00 8 Building #6 at Don Timoteo 9 School, consisting of 2,912 10 Sq. Ft.; Room 11, 13 and 11 exlusive use of bathrooms 12 in Building #4, consisting 13 of a total of 5,140 Sq. Ft. 14 15 16 17 18 19 The premises so leased are outlined on the appended map. 20 21 22 23 24 25 26 27 1 EXHIBIT #2 - CITY OF SAN RAFAEL 2 3 City of San Rafael will operate a Day Care Center. Programs will 4 include pre-school programs, extended pre-school, and extended 5 day care. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 EXHIBIT #3 - CITY OF SAN RAFAEL 2 3 Utility Cost Estimate Allocation 4 Allocation Factors 5 6 Sq. Ft. of Site: 29,808 7 Sq. Ft. of Area: 5,140 8 % of Site Leased (Factor) 17.24% 9 10 Utility Cost Estimate Allocation 11 12 Gas & Electricity $13,000.00 13 Water/Garbage 4,000.00 14 Total Utilities $17,000.00 15 Factor .1724 x above: 2,930.80 16 - 12 = Monthly Charge 244.23* 17 18 * This amount will be adjusted to actual cost in August, 1988 and 19 each August thereafter. 20 21 22 23 24 25 26 27 1 EXHIBIT #4 - CITY OF SAN RAFAEL 2 3 Maintenance and Repairs 4 5 As indicated in lease. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 EXHIBIT #5 - CITY OF SAN RAFAEL 2 3 Fire Insurance Cost Allocation 4 5 Allocation Factors 6 7 Site % of District Sq. Ft.: 10.25% 8 Sq. Ft. of Site 29,808 9 Sq. Ft. of Area 5,140 10 % of Site Leased (Factor) 17.24% 11 12 Fire Insurance Cost Allocation 13 14 Annual District Premium $43,421.00 15 Site % of Total 4,450.65 16 Factor .1724 x above 767.29 17 - 12 = Monthly Charge $ 63.94 18 19 20 21 22 23 24 25 26 27 1 EXHIBIT #6 - CITY OF SAN RAFAEL 2 3 4 Construction 5 No construction shall be permitted except by written approval of 6 the Dixie School District Board of Trustees. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT #7 - THE CITY OF SAN RAFAEL Deposits First Month's Rent Last Month's Rent Cleaning Deposit Utilities and Insurance (First Month) TOTAL ON DEPOSIT $ 524.16 (PAID) 150.00 (PAID) N $ 674.16 (PAID) DIXIE SCHOOL DISTRICT Business Services Administration COMPUTATION OF LEASE COSTS TENANT: CITY OF SAN RAFAEL 9/12/88 SITE: DON TIMOTEO SCHOOL AREA: BUILDING #6 AND BUILDING #1 (ROOMS 11 AND 13) AND EXLUSIVE USE OF 2 RESTROOMS DETERMINATION OF FACTOR: Site % of District Sq. Ft. 10.25% Sq. Ft. of Site 29,808 Sq. Ft. of Area 5,140 % of Site Leased (Factor) 17.24% BASIC RENT: 5,140 x .33 = $1,696.20 PER MONTH INSURANCE: Annual District Premium $43,421.00 Site % of total 4,450.65 Factor .1724 x above 767.29 - 12 = Monthly Charge: 63.94 UTILITIES: Gas and Electricity $14,300.00 Garbage/Water 4,000.00 Total Utilities 18,300.00 Factor .1724 x above: 3,154.92 - 12 = Monthly Charge 262.91* RECAP: RENT $1,696.20 INSURANCE 63.94 UTILITIES 262.91 TOTAL MONTHLY PAYMENT $2,023.05 * This amount will be adjusted annually (August) to actual cost. DIXIE SCHOOL DISTRICT Business Services Administration COMPUTATION OF LEASE COSTS TENANT: CITY OF SAN RAFAEL CHILD CARE CENTER 9/12/88 SITE: DON TIMOTEO SCHOOL AREA: BUILDING #6 AND BUILDING #1 (ROOMS 11 AND 13) AND EXLUSIVE USE OF 2 RESTROOMS DETERMINATION OF FACTOR: Site % of District Sq. Ft. 10.25% Sq. Ft. of Site 29,808 Sq. Ft. of Area 5,140 % of Site Leased (Factor) 17.24% BASIC RENT: 5,140 x .33 = $1,696.20 PER MONTH INSURANCE: Annual District Premium $43,421.00 Site % of total 4,450.65 Factor .1724 x above 767.29 - 12 = Monthly Charge: 63.94 UTILITIES: Gas and Electricity Garbage/Water Total Utilities Factor .1724 x above: - 12 = Monthly Charge RECAP: RENT INSURANCE UTILITIES TOTAL MONTHLY PAYMENT $14,300.00 4,000.00 18,300.00 3,154.92 262.91* $1,696.20 63.94 262.91 $2,023.05 * This amount will be adjusted annually (August) to actual cost.