HomeMy WebLinkAboutCC Resolution 7651 (Relocatable Child Care Buildings)I'
RESOLUTION NO. 7651
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
FOR RELOCATABLF CHILD C'APP RTTTTX)L CSRFTWT, Wr1 muu CmATL+
ALLOCATION BOARD AND THE CITY OF SAN RAFAEL - RE PICKLEWEED PARK
AND GLENWOOD ELEMENTARY SCHOOL,
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 MONDAY
the 16TH day of NOVFMRF.R
19 87, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANN M. LEONCINI, ity Clerk
^'�ff8gGHNAY, 7e `/
LEASE AGREEMENT FOR RELOCATABLE CHILD CARE BUILDINGS
BETWEEN
THE STATE ALLOCATION BOARD
AND
City of San Rafael AGENCY OF Marin COUNTY
PURSUANT TO SECTION 8277.8, CHAPTER 2, PART 6 OF THE EDUCATION CODE
This agreement, made and entered into this 14th day of October, 1987 by
and between the State Allocation Board, State of California, hereinafter
referred to as "Lessor" and City of San Rafael of
Marin County hereinafter referred to as "Lessee".
W I T N E S S E T H:
1. In consideration of the mutual covenants and agreements herein contained,
the Lessor does hereby demise and lease to Lessee one relocatable building(s)
to be placed on the site as described below in Item 3, hereinafter collectively
referred to as "the property".
In addition, for the purposes of this agreement, the term "the property"
shall be deemed to include not only such property set forth above, but also
any auxiliary facilities installed by Lessor which would normally be 'moved
with said property for reinstallation upon other premises.
2. The term of this lease shall commence on July 1, 1987 or as soon
thereafter as the Lessor actually installs the property on the premises, as
described below in Item 3 and shall terminate on June 30, 1988 .
The rent for the above term shall be $1.00 per year, per relocatable
building. Payments are to be made upon execution or renewal of each lease.
3. The property shall be delivered and installed at Pickelweed Park,
50 Canal Street, San Rafael, CA 94901
In conjuntion with said installation, Lessor agrees to engage architects and
contractors at Lessor's expense to perform the following described work
requested by Lessee within, and subject to the terms of the budget therefor
approved by the State Allocation Board on October 14, 1987.
In addition to the delivery and installation of the building(s), the Site
development to be provided will include grade requirements, local foundation
requirements, installation of services (electrical, water, sewer, telephone),
asphalt paving)sidewalksland chainlink fencing as required for site enclosure.
ff A Ry
SAB 12-8 (Rev. 7/87)'
u.
Lease Agreement
The application number for the project is 13/21/0202
Buildinq Floor Plan & Identification Number(s)
Plan No. Option No. Bldg. Id. No.
A.
13074
Upon completion of the relocatable child care facility, Lessee agrees to put
same into effective operation during the term of this lease, as specified above,
and to utilized solely for the specified purpose during such period. Failure of
Lessee to use the property during the term or any portion thereof of this lease
shall not relieve Lessee from the payment of any obligations assumed above.
4. Access to the site, for both delivery and eventual removal, shall be in
such a condition as to be free of unusual obstruction.
5. Lessee will keep the property insured including liability, at its own
expense, with Lessor listed as the beneficiary, at all time against fire and
lightning, with extended coverage, and vandalism and malicious mischief, for the
full insurable value of the property during the term of this lease, and
thereafter as subsequently provided in this instrument. For the purpose of
determining its insurable value, it is acknowledged that the replacement cost of
the relocatable building(s) and equipment will be:
one (Bldg. A)
(A Opt. 1)
(A Opt. 2)
(Bldg. B)
(B Opt. 1)
Relocatable
Building(s)
$ 36,000
Relocatable
Building(s)
$
Relocatable
Building(s)
$
Relocatable
Building(s)
$
Relocatable
Building(s)
$
In the event of loss or damage Lessor has the option of using the proceeds from
any insurance or other monies available, to replace or restore the property lost
or destroyed, or to cancel the lease and retain such proceeds.
-2-
Lease Agreement
Lessee agrees to hold Lessor harmless from any and all claims by the Lessee or
third parties for damages because of injury to person(s), or by virtue of the
condition or maintenance of the property while on the premises of the Lessee,
and to furnish insurance coverage for this purpose in the amount of at least
$1,000,000.00.
6. In the event of any loss or casualty affecting the property after the same
has been installed upon the premises of Lessee which prevents the use of the
same during a portion of this lease, the Executive Officer shall have authority
to abate such rental due under this lease agreement, or to give Lessee a credit
therefor in connection with any future leasing under this article, as he deems
appropriate.
7. Lessee agrees to make no alterations upon the property without the written
consent of the Lessor. In addition, he agrees to give the property leased no
lesser degrees of maintenance, care, and protection than he would give the
property if owned by Lessee.
B. Upon removal by Lessor of the property, Lessor shall have no obligation, to
restore any portion of the premises, or to remove any foundations which are not
relocatable and would not normally be removed for the purposes of reinstallation
upon another site. Lessor agrees to deliver the property in good operating
condition, less normal wear and tear from previous Lessees. However, after such
property is delivered and while the same is on the premises of Lessee, Lessee
shall be responsible for and pay for all charges for upkeep, maintenance,
repair, and repainting, and supply and pay for all parts and accessories needed
to maintain and operate said property in good condition and running order
(whether or not the necessity for any of the foregoing expenses is occasioned in
whole or in part by previous use), provided Lessee shall be exonerated from any
expense under the foregoing sentence to the extent of any casualty, or loss to
the property covered by insurance for which the State received recompense.
9. Lessee will furnish, at its own expense, light, heat, telephone, custodial,
and maintenance service to the units leased during the lease period and any
period extending beyond such lease that it uses the same pursuant to this
agreement.
3
Lease Agreement
10. Lessee shall not move any buildings furnished pursuant to this agreement to
any other premises or to any other portion of the premises on which they are
stationed at the commencement of the lease, without the written consent of the
Lessor, subject to any conditions imposed by Lessor therein in connection
therewith.
11. Lessee warrants that the installation site specified is the correct site
for which said property is needed. If for any reason due to the error or
miscalculation of Lessee, or any person or entity other than Lessor, the site
specified is incorrect, Lessee shall nonetheless be bound on this lease in the
same manner as if it were the correct site, providing that upon payment in
advance to Lessor of his removal costs from the incorrectly designated to the
Lessee's correct site, Lessor will relocate the same to the latter site. In
such event, however, save for the site description, all the terms of this lease
shall continue in full force and effect. If Lessee does not request removal of
the property to the correct site within 30 days after Lessor learns the site is
incorrect, Lessor shall have the option, to be exercised within the term of this
lease, to move said property to another eligible applicant, in which event,
Lessee shall be liable to Lessor under the terms of this lease from the period
of the commencement thereof to the time said property is reinstalled in said
eligible location, and in addition shall be liable for Lessor's removal costs to
said latter location.
12. Upon termination of this lease, Lessor agrees to disconnect said
relocatables and remove them from the premises at Lessor's expense, providing
that notwithstanding the foregoing the Lessor may elect to allow them to remain
on said premises until such time as it deems it advisable to remove them for the
purposes of another lease, or otherwise, in which case Lessee may use or permit
the use of the property for any use for which they were designed and permitted
by law, during any portion or portions of the period said property remains on
Lessee's site, until Lessor terminates such use privilege in writing: Lessee
shall pay Lessor rental for such use at the annual rate of $1.00. In the event
Lessor elects to permit the property to remain on the premises, irrespective of
such use, Lessee shall be charged with the same degree of care thereof as it
would have been charged with under this agreement during the term of the lease,
and shall be charged with the obligation to keep the property insured, as stated
4
Lease Agreement
above, at its own expense for two months following the expiration of the term of
the lease specified above, unless it continues to use the property subsequent to
such two month period, in which case it shall continue to insure the property as
specified above at its own expense during the period of such continued use. At
the time Lessor removes the property from the aforesaid premises Lessee shall
advise Lessor in writing as to any use of the property after the term of the
lease pursuant to this paragraph.
13. Lessee shall not have authority to sublease any of the property, or assign
any rights under this lease agreement. In the event it does so, Lessor's
obligations under this instrument shall cease at the latter's option, and in
either case, the Lessee shall not be relieved of any obligation by virtue of
said sublease.
14. Lessee shall promptly furnish Lessor with a certification from the insuring
agent that insurance policies have been attained pursuant to this agreement, and
that the policies shall not be cancelled or materially changed without at least
thirty days prior written notice to Lessor. The certification will show the
name and address of the insurance company and the policy number(s). This lease
shall not become effective until such certification is received by the Lessor.
15. The lessee agrees that upon termination or expiration of the lease, the
property shall be in reasonable condition, given the normal use of the property
as contemplated by the parties during the term of the lease. In the event the
property is not in such reasonable condition, the Lessee will be responsible and
agrees to reimburse the Lessor for the costs incurred in either replacing or
refurbishing the property to reasonable condition, whichever is the most cost
effective.
16. If at any time Lessor determines that Lessee's need for the relocatable
facility has ceased, Lessor may take possession of said facility and may lease
it to other eligible contracting agency.
-5-
Lease Agreement
17. Lessee, in signing this agreement, does hereby certify that they either:
(a) Own the site as described in Item 3 Page 1 (attach Certificates of
Ownership), and agree to use said site for the purposes of this
agreement, without charge to Lessor during the term of this
agreement and for a period of 60 days following the termination of
this agreement for any reason or;
(b) Is in possession of a lease from the owner of the site as described
in Item 3 page 1 (a copy of said lease which is attached as Exhibit
"B"). Such lease shall provide for a least a year to year usage,
plus 60 days with automatic extension options for a period of five
years. Such lease shall also contain a provision recognizing State
ownership of the relocatable buildings covered by this agreement,
and the right of the State to remove the buildings from the site
upon termination or abrogation of the agreement.
18. The Lessor does not assume liability for any expense not expressly
provided for in this agreement.
19. This lease may be changed or altered only in writing and as agreed
between the parties hereto.
In witness whereof, the parties subscribing hereto have caused this instrument
to be executed on the day and year first above -written.
City of San Rafael
Lesse2
By Laurence B. Miil van . M;;I,nr
r
Pamela Nicolai Authorized Agent
ITitle
Date
ATTEST:
JEAI N At4.,, LEONCINI ,ty Clerk -6-
State Allocation Board
State of California
Byz �/ 'V
(Executive Officer)
rt S. Kevorkian
Local Assistance Officer
Date Ia/4A I
LEASE AGREEMENT FOR RELOCATABLE CHILD CARE BUILDINGS
BETWEEN
THE STATE ALLOCATION BOARD
AND
City of San Rafael AGENCY OF Marin COUNTY
PURSUANT TO SECTION 8277.8, CHAPTER 2, PART 6 OF THE EDUCATION CODE
This agreement, made and entered into this 14th day of October, 1987 by
and between the State Allocation Board, State of California, hereinafter
referred to as "Lessor" and City of San Rafael of
Marin County hereinafter referred to as "Lessee".
W I T N E S S E T H:
1. In consideration of the mutual covenants and agreements herein contained,
the Lessor does hereby demise and lease to Lessee one relocatable building(s)
to be placed on the site as described below in Item 3, hereinafter collectively
referred to as "the property".
In addition, for the purposes of this agreement, the term "the property"
shall be deemed to include not only such property set forth above, but also
any auxiliary facilities installed by Lessor which would normally be moved
with said property for reinstallation upon other premises.
2. The term of this lease shall commence on July 1, 1987 or as soon
thereafter as the Lessor actually installs the property on the premises, as
described below in Item 3 and shall terminate on June 30, 1988 .
The rent for the above term shall be $1.00 per year, per relocatable
building. Payments are to be made upon execution or renewal of each lease.
3. The property shall be delivered and installed at Glenwood Elementary
School, 25 West Castlewood Drive, San RafaPl, fA G4gni
In conjuntion with said installation, Lessor agrees to engage architects and
contractors at Lessor's expense to perform the following described work
requested by Lessee within, and subject to the terms of the budget therefor
approved by the State Allocation Board on October 14, 1987.
In addition to the delivery and installation of the building(s), the Site
development to be provided will include grade requirements, local foundation
requirements, installation of services (electrical, water, sewer, telephone),
asphalt paving)sidewalksland chainlink fencing as required for site enclosure.
SAB 12-8 (Rev. 7/87) Y
Lease Agreement
The application number for the project is 13/21/0201
Buildinq Floor plan & Identification Number(s)
Plan No. Option No. Bldg. Id. No.
A. 1307.3
Upon completion of the relocatable child care facility, Lessee agrees to put
same into effective operation during the term of this lease, as specified above,
and to utilized solely for the specified purpose during such period. Failure of
Lessee to use the property during the term or any portion thereof of this lease
shall not relieve Lessee from the payment of any obligations assumed above.
4. Access to the site, for both delivery and eventual removal, shall be in
such a condition as to be free of unusual obstruction.
5. Lessee will keep the property insured including liability, at its own
expense, with Lessor listed as the beneficiary, at all time against fire and
lightning, with extended coverage, and vandalism and malicious mischief, for the
full insurable value of the property during the term of this lease, and
thereafter as subsequently provided in this instrument. For the purpose of
determining its insurable value, it is acknowledged that the replacement cost of
the relocatable building(s) and equipment will be:
one (Bldg.
A)
Relocatable
Building(s)
$ 36,000
(A Opt.
1)
Relocatable
Building(s)
$
(A Opt.
2)
Relocatable
Building(s)
$
(Bldg.
B)
Relocatable
Building(s)
$
(B Opt.
1)
Relocatable
Building(s)
$
In the event of loss or damage Lessor has the option of using the proceeds from
any insurance or other monies available, to replace or restore the property lost
or destroyed, or to cancel the lease and retain such proceeds.
-2-
Lease Agreement
Lessee agrees to hold Lessor harmless from any and all claims by the Lessee or
third parties for damages because of injury to person(s), or by virtue of the
condition or maintenance of the property while on the premises of the Lessee,
and to furnish insurance coverage for this purpose in the amount of at least
$1,000,000.00.
6. In the event of any loss or casualty affecting the property after the same
has been installed upon the premises of Lessee which prevents the use of the
same during a portion of this lease, the Executive Officer shall have authority
to abate such rental due under this lease agreement, or to give Lessee a credit
therefor in connection with any future leasing and-er this article, as he deems
appropriate.
7. Lessee agrees to make no alterations upon the property without the written
consent of the Lessor. In addition, he agrees to give the property leased no
lesser degrees of maintenance, care, and protection than he would give the
property if owned by Lessee.
B. Upon removal by Lessor of the property, Lessor shall have no obligation, to
restore any portion of the premises, or to remove any foundations which are not
relocatable and would not normally be removed for the purposes of reinstallation
upon another site. Lessor agrees to deliver the property in good operating
condition, less normal wear and tear from previous Lessees. However, after such
property is delivered and while the same is on the premises of Lessee, Lessee
shall be responsible for and pay for all charges for upkeep, maintenance,
repair, and repainting, and supply and pay for all parts and accessories needed
to maintain and operate said property in good condition and running order
(whether or not the necessity for any of the foregoing expenses is occasioned in
whole or in part by previous use), provided Lessee shall be exonerated from any
expense under the foregoing sentence to the extent of any casualty, or loss to
the property covered by insurance for which the State received recompense.
9. Lessee will furnish, at its own expense, light, heat, telephone, custodial,
and maintenance service to the units leased during the lease period and any
period extending beyond such lease that it uses the same pursuant to this
agreement.
3
Lease Agreement
10. Lessee shall not move any buildings furnished pursuant to this agreement to
any other premises or to any other portion of the premises on which they are
stationed at the commencement of the lease, without the written consent of the
Lessor, subject to any conditions imposed by Lessor therein in connection
therewith.
11. Lessee warrants that the installation site specified is the correct site
for which said property is needed. If for any reason due to the error or
miscalculation of Lessee, or any person or entity other than Lessor, the site
specified is incorrect, Lessee shall nonetheless be bound on this lease in the
same manner as if it were the correct site, providing that upon payment in
advance to Lessor of his removal costs from the incorrectly designated to the
Lessee's correct site, Lessor will relocate the same to the latter site. In
such event, however, save for the site description, all the terms of this lease
shall continue in full force and effect. If Lessee does not request removal of
the property to the correct site within 30 days after Lessor learns the site is
incorrect, Lessor shall have the option, to be exercised within the term of this
lease, to move said property to another eligible applicant, in which event,
Lessee shall be liable to Lessor under the terms of this lease from the period
of the commencement thereof to the time said property is reinstalled in said
eligible location, and in addition shall be liable for Lessor's removal costs to
said latter location.
12. Upon termination of this lease, Lessor agrees to disconnect said
relocatables and remove them from the premises at Lessor's expense, providing
that notwithstanding the foregoing the Lessor may elect to allow them to remain
on said premises until such time as it deems it advisable to remove them for the
purposes of another lease, or otherwise, in which case Lessee may use or permit
the use of the property for any use for which they were designed and permitted
by law, during any portion or portions of the period said property remains on
Lessee's site, until Lessor terminates such use privilege in writing: Lessee
shall pay Lessor rental for such use at the annual rate of $1.00. In the event
Lessor elects to permit the property to remain on the premises, irrespective of
such use, Lessee shall be charged with the same degree of care thereof as it
would have been charged with under this agreement during the term of the lease,
and shall be charged with the obligation to keep the property insured, as stated
M
Lease Agreement
above, at its own expense for two months following the expiration of the term of
the lease specified above, unless it continues to use the property subsequent to
such two month period, in which case it shall continue to insure the property as
specified above at its own expense during the period of such continued use. At
the time Lessor removes the property from the aforesaid premises Lessee shall
advise Lessor in writing as to any use of the property after the term of the
lease pursuant to this paragraph.
13. Lessee shall not have authority to sublease any of the property, or assign
any rights under this lease agreement. In the event it does so, Lessor's
obligations under this instrument shall cease at the latter's option, and in
either case, the Lessee shall not be relieved of any obligation by virtue of
said sublease.
14. Lessee shall promptly furnish Lessor with a certification from the insuring
agent that insurance policies have been attained pursuant to this agreement, and
that the policies shall not be cancelled or materially changed without at least
thirty days prior written notice to Lessor. The certification will show the
name and address of the insurance company and the policy number(s). This lease
shall not become effective until such certification is received by the Lessor.
15. The lessee agrees that upon termination or expiration of the lease, the
property shall be in reasonable condition, given the normal use of the property
as contemplated by the parties during the term of the lease. In the event the
property is not in such reasonable condition, the Lessee will be responsible and
agrees to reimburse the Lessor for the costs incurred in either replacing or
refurbishing the property to reasonable condition, whichever is the most cost
effective.
16. If at any time Lessor determines that Lessee's need for the relocatable
facility has ceased, Lessor may take possession of said facility and may lease
it to other eligible contracting agency.
-5-
/.
,ease Agreement
17. Lessee, in signing this agreement, does hereby certify that they either:
(a) Own the site as described in Item 3 Page 1 (attach Certificates of
Ownership), and agree to use said site for the purposes of this
agreement, without charge to Lessor during the- term of this
agreement and for a period of 60 days following the termination of
this agreement for any reason or;
(b) Is in possession of a lease from the owner of the site as described
in Item 3 page 1 (a copy of said lease which is attached as Exhibit
"B"). Such lease shall provide for a least a year to year usage,
plus 60 days with automatic extension options for a period of five
years. Such lease shall also contain a provision recognizing State
ownership of the relocatable buildings covered by this agreement,
and the right of the State to remove the buildings from the site
upon termination or abrogation of the agreement.
18. The Lessor does not assume liability for any expense not expressly
provided for in this agreement.
19. This lease may be changed or altered only in writing and as agreed
between the parties hereto.
In witness whereof, the parties subscribing hereto have caused this instrument
to be executed on the day and year first above—written.
City of San Rafael
Lessee
BY�,-
Pamela Nicolai,�Authorized Agent
Title
Date
LEO NCINI City Clerk
State Allocation Board
State of California
By
(Executive Officer)
Art S. Kevorkian
LoraI AGsicztanra nffirar
Date /z� 7