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.
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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.
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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