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HomeMy WebLinkAboutCC Resolution 7604 (School Lease)RESOLUTION NO. 7604 f 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 FIRST CONGREGATIONAL CHURCH for Pooh Corner Cooperative Nursery School (Renewal of lease for one vear from September 1, 1987 to Auqust 31, 1988 - total rent $4,800, at $400 per month) 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 Tuesdav the 8th day of September 1987, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE E M. LEONCI , City Clerk L E A S E THIS LEASE, made and entered into as of the first day of September, 1987, 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 hereinafter contained, does hereby lease to Lessee and Lessee 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, 1987, and terminating August 31, 1988. The total rent for said period is Four Thousand Eight Hundred Dollars ($4,800.00). 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 leasehold term. (1) 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 A.M. 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 malfunctioning of steam table, refrigerator, stove, stove hood exhaust fan or -2- freezer shall be arranged by Lessor and paid for by Lessee if caused by Lessee's use of the equipment involved. 8. 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 tenant- able and good condition, and Lessee agrees to take good care of the premises and appurtenances including any furniture, goods or other personal property belonging to Lessor, and 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 pro- vided 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, obsoles- cense and other causes, happenings and occurrences beyond the reasonable control of the Lessee, excepted. 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. -3- 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 any 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 occurrence, and $1,000,000 as to property damage. 16. Lessee intends to use the rental premises solely for the purpose of operating the parent cooperative nursery school known as Pooh Corner. 17. Lessee and Lessor agree to submit any claims arising under the terms of this agreement to binding arbitration pursuant -4- to the current provisions of the California Code of Civil Pro- cedure or any successor statutes. 18. 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 least 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. 19. 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 condi- tions contained herein within ten days after the receipt of such written notice, that party shall be in breach of this lease. 20. This lease shall be binding on the parties hereto, their successors and assigns. 21. 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. -5- 22. 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 reason- able time thereafter, and shall be so removed within such reason- able 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. 23. 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. 24. Lessee may paint the leased premises, other than the cinder block walls thereof, subject to Lessor's approval as to type and color of paint and areas to be painted; the cinder block walls of the leased premises shall be left in their present natural color. Lessee shall pay for any such painting costs. 25. Lessee may supplement storage facilities upon the leased premises for the storage of instructional equipment and supplies, subject to the prior approval of Lessor. 26. 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 partici- pating students. 27. Lessee shall keep the leased premises free from any liens arising out of any work performed, material furnished or obligations incurred by Lessee. 28. 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 reasonable attorney's fees, which shall be fixed by the Court. 29. If the Lessee has breached the terms of this lease, the acceptance of rent payment by Lessor does not constitute a waiver of Lessor's rights arising out of said breach. 30. 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. 31. Lessee represents that the nursery school program for which the premises are leased hereunder has tax-exempt status. -7- 32. Considering Lessee's program is dependent upon adequate student participation, if the lack of student participation forces 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, 1987. ATTEST: , � �4 X -�� - CITY CLERK APPROVED AS TO FOIA: �a� 1'_ /CITY ATTORNEY CITY OF SAN RAFAEL MAYOR APPROVED AS TO CONTENT: .t�� CITY MA AGER THE FIRST CONGREGATIONAL CHURCH OF SAN RAFAEL, CALIFORNIA CHAIRMAN, BOARD OF TRUSTEES