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HomeMy WebLinkAboutCC Resolution 7576 (School District Lease)RESOLUTION NO. 7576 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 SCHOOL DISTRICT FOR GLENWOOD SCHOOL LAND LEASE 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 intro- duced and adopted at a regular meeting of the City Council of said City held on Mondav the 20th day of July , 19 87 , by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEAIBERS: None ABSENT: COUNCILMEMBERS: None JEA . LEONCINI, City Clerk SAN RAFAEL CITY SCHOOLS LEASE AGREEMENT This Lease made and entered into this 13 day of 19 A'7 by and between the San Rafael -Elem- entary School District jLessor) and the City of San Rafael (Lessee). RECITALS A. Lessee has received approval from the State Department of Education to lease a portable building from the State and place it on the Glenwood School campus for a childcare program to be run by the Lessee. B. Lessor is owner of certain school property known as Glenwood School, a portion of the grounds of which is not needed by Lessor for school purposes. C. The California Education Code permits the use of school grounds and facilities for childcare centers. NOW, THEREFORE, it is mutually agreed as follows: 1. In consideration of the conditions herein contained, Lessor does hereby convey and lease unto Lessee and Lessee does hereby lease from Lessor the following described property depicted on Exhibit A, attached hereto and incorporated herein: Glenwood School, 25 Castlewood Drive, San Rafael, CA 94901 - 40' x 24', South East Section of Plyaground In addition, Lessor shall permit Lessee reasonable use of the school playground area and facilities with approval of the principal. cf�)P�lv 2. The term of the Agreement shaii be for five years, beginning July 1, 1988 and ending on June 30, 1993. In the event that both parties determine that the continued operation of the Childcare Center is not in the best interest of both parties, this Agreement may terminate upon sixty (60) days written notice. Upon the expiration of the term of this Agreement or earlier termination, Lessee shall remove the building and return the site to its preexisting condition. 3. Lessee shall pay to District $1.00 per year each year for the lease of the land. Said rental payments shall be due and payable, in advance, on the 1st day of July each year commencing July 1, 1988. In addition to the above rent, Lessee shall pay to Lessor a monthly fee for utility and custodial services not to exceed Lessor's cost for providing such services. Custodial services shall be provided by Lessor to the premises on the same basis as provided by Lessor to the Glenwood School. Said fee shall be paid by Lessee to Lessor on a monthly basis. The appropriate fee shall be determined by Lessor and provided to Lessee as soon as possible after the execution of this Agreement. 4. Lessee shall use the Leased Premises during the term hereof exclusively for the purpose of operating the Lessee's Childcare program. It is underst000d and agreed that Lessee shall move a portable building on to the Leased Premises. It shall be the responsibility of Lessee to pay all costs related to the 2. acquisition and installation of said building and connection of all necessary utilities. 5. Lessee shall pay the full cost of maintenance of the Premises as well as the entire operation of the Childcare program. The operation and supervision of the Childcare program shall be solely the responsibility of Lessee and Lessor shall have no liability or responsibility for the program conducted pursuant to this Agreement. Lessee shall paint the exterior of the Childcare Center to match Glenwood School. 6. Lessee shall not commit waste on the premises conveyed herein, nor maintain, commit, or permit the maintenance or commission of a nuisance thereof, or use such premises for an unlawful purpose. Lessee shall conform to all applicable laws and ordinances respecting the use and occupancy of the premises leased and Lessee shall obtain all necessary permits and approvals from appropriate governmental agencies, including but not limited to, the State Fire Marshall. Lessee shall pay the cost of any applicable fees. 7. Lessor shall maintain in force general liability insurance in the amount of $9,000,000. 8. Lessee shall maintain in force during the term of this Agreement, public liability insurance in the amount of $9,000,000, naming Lessor as an additional insured. Said insurance shall be primary and not secondary. It shall be the responsibility of Lessee to maintain fire and extended coverage 3. insurance on the portable building as well as on the contents thereof. 9. Lessor shall hold harmless, indemnify, including attorney's fees and defend the Lessee from any liability for personal injury or property damage arising out of any negligence or intentional acts or anissions by the Lessor, its agents or employees. Lessee shall hold harmles.9, indemnify, including attorney's fees and defend Lessor from any liability for personal injury or property damage arising out of Lessee's use of the premises pursuant to this agreement and or any negligence or intentional acts or omissions by the Lessee, its agents or employees. 10. Lessee and Lessor agree to submit any claims arising under this agreement to binding arbitration pursuant to the current provisions of the California Code of Civil Procedure or any successor statutes. 11. Lessee shall not sell or assign this Lease or any part thereof, or any interest therein, in whole or in part without first obtaining the written consent of Lessor. 12. In the event Lessee defaults in the payment of any amount due under the terms of this Agreement or defaults in the performance of any of the material terms and conditions hereof, all of Lessee's rights hereunder are terminated. .r 13. Lessee is responsible for the security of the premises and the contents thereof and shall be responsible for providing insurance on all personal property on the premises. CITY OF SAN RP.FAEL: L�WRENCE E. MULRYAN, Mayor DATED: July 20. 1987 ATTEST: SAN RAFAEL ELEMENTARY SCHOOL DISTRICT 225 Woodland Avenue San Rafael, CA 94901 S TOM SOLIS, Assistant Superintendent Approved by Board of Education July 13, 1987 J M. LEONCI , City Clerk APPROVED AS TO CONTENT: V ` PAMELA J. NICOLAI 1 GARY GIANTI , City (Torney