HomeMy WebLinkAboutCC Resolution 7486 (Child Care Centers)RESOLUTION NO. 7486
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
LEASE AGREEMENTS WITH THE SAN RAFAEL SCHOOL DISTRICT FOR CHILD CARE
CENTERS AT BAHIA VISTA, GALLINAS, GLENWOOD AND SHORT,
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
19th day of -JANUARY ,
1987 , by the following vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
A NNE M. LEONCIA , City Clerk
R I P,
��ia,.
LEASE AGREEMENT
RENTAL OF CLASSROOM
BAHIA VISTA ELEMENTARY SCHOOL
This Lease made and entered into this 19th day of January,
1987, by and between the City of San Rafael, hereafter referred to
as "City" and the San Rafael City School District, hereafter
referred to as "District".
FOR AND IN consideration of mutual promises, covenants,
and conditions hereinafter contained, the parties agree as
follows:
1. City hereby leases one classroom, designated on
Exhibit A, attached hereto and incorporated herein, located at
Bahia Vista School, 125 Bahia Way, San Rafael, CA 94901, hereafter
"Premises" from District. Such rental will commence July 1, 1986,
and end June 30, 1987.
2. City will pay District $250.00 per month payable by
the first of each month for such rental.
3. City agrees that the rental premises will be used
only for the purpose of providing a child day care program.
4. District shall maintain, in force, general liability
insurance in the amount of $9,000,000 and the existing fire and
extended coverage insurance on the buildings.
5. City shall maintain in force during the term of this
Agreement, public liability insurance in the amount of $9,000,000,
naming District as an additional insured. It shall further be the
responsibility of the City to maintain appropriate insurance on
its own equipment contained in the building.
1.
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C-A_:jll
6. District shall hold harmless, indemnify, including
attorney's fees, and defend the City from any liability for
personal injury or property damage arising out of structural
defects and/or maintenance of the rental premises and/or any
negligence or intentional acts or omissions by the District, its
agents, or employees.
City shall hold harmless, indemnify, including
attorney's fees and defend District from any liability for
personal injury or property damage arising out of City's use of
the premises pursuant to this agreement and or any negligence or
intentional acts or omissions by the City, its agents or
employees.
7. City and District 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.
8. District will provide utilities, maintenance and
custodial operations for rental premises free of charge to the
City.
9. Either party may terminate this agreement upon
giving 30 days written notice to the other.
10. City shall provide and pay all costs for
supervision of the child care program conducted on the premises.
11. City shall not make alterations to the Premises
without prior written approval of District.
2.
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12. City shall not assign or sublet this Lease without
prior written approval of District and any such assignment or
sublease without District approval is void.
13. This agreement may be amended only by written
consent of both parties.
IN WITNESS THEREOF, the parties hereto have executed
this agreement on the day and year first above written.
CITY OF SAN RAFAEL:
LA ENCE E. MULRYAR, Mayor
Y
4LE30"M. LEONC�1 , City Clerk
APPROVED AS TO CONTENT:
P LA J. NIOtLAI' City Manager
APPROVED AS TO FORM:
G GGHIANTIrF � t orne Y
1. l�
y
5/18/87
SAN RAFAEL CITY SCHOOL DISTRICT:
THOMAS E. SOLIS, Asst. Supt.
ATTEST:
APPROVED AS TO FORM:
RICHARD V. G INO, Counsel for
District
3.
LEASE AGREEMENT
RENTAL OF CLASSROOM
GALLINAS SCHOOL
This Lease made and entered into this 19th day of January,
1987, by and between the City of San Rafael, hereafter referred to
as "City" and the San Rafael City School District, hereafter
referred to as "District".
FOR AND IN consideration of mutual promises, covenants,
and conditions hereinafter contained, the parties agree as
follows:
1. City hereby leases one classroom, designated on
Exhibit A, attached hereto and incorporated herein, located at
Gallinas School, 117 North San Pedro Drive, San Rafael, CA 94901,
hereafter "Premises" from District. Such rental will commence
July 1, 1986, and end June 30, 1989.
2. Rent - July
1,
1986
to
June
30,
1987
$250
per mo.
July
1,
1987
to
June
30,
1988
$275
per mo.
July
1,
1988
to
June
30,
1989
$300
per mo.
3. City agrees that the rental premises will be used
only for the purpose of providing a child day care program.
4. District shall maintain, in force, general liability
insurance in the amount of $9,000,000 and the existing fire and
extended coverage insurance on the buildings.
5. City shall maintain in force during the term of this
Agreement, public liability insurance in the amount of $9,000,000,
naming District as an additional insured. It shall further be the
responsibility of the City to maintain appropriate insurance on
its own equipment contained in the building.
1.
5/18/87 (1=
6. District shall hold harmless, indemnify, including
attorney's fees, and defend the City from any liability for
personal injury or property damage arising out of structural
defects and/or maintenance of the rental premises and/or any
negligence or intentional acts or omissions by the District, its
agents, or employees.
City shall hold harmless, indemnify, including
attorney's fees and defend District from any liability for
personal injury or property damage arising out of City's use of
the premises pursuant to this agreement and or any negligence or
intentional acts or omissions by the City, its agents or
employees.
7. City and District 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.
8. District will provide utilities, maintenance and
custodial operations for rental premises free of charge to the
City.
9. Either party may terminate this agreement upon
giving 30 days written notice to the other.
10. City shall provide and pay all costs for
supervision of the child care program conducted on the premises.
11. City shall not make alterations to the Premises
without prior written approval of District.
IN
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12. City shall not assign or sublet this Lease without
prior written approval of District and any such assignment or
sublease without District approval is void.
13. This agreement may be amended only by written
consent of both parties.
IN WITNESS THEREOF, the parties hereto have executed
this agreement on the day and year first above written.
CITY OF SAN RAFAEL:
LAWRENCE E. ML'LRYAN !M
y r
AANE M. LEOftCINI, City Clerk
APPROVED AS TO CONTENT:
PAMELA J. NItOLAI, City Manager
APPROVED AS TO FORM:
'`"�� /i' �_ t•—gut { �ny��- �1`
GARY RA=HIANT , - ty Attorney
5/18/87
SAN�—R—AAFAEL CITY SCHOOL DISTRICT:
�44
THOMA'S E. CLIS, Asst. Supt.
ATTEST:
., —•►s. .
APPROVED AS TO FORM:
RICHAkD V. GO;0rN0, Cou el for
District
3.
LEASE AGREEMENT
RENTAL OF CLASSROOM
GLENWOOD SCHOOL
This Lease made and entered into this 19th day of January ,
1987, by and between the City of San Rafael, hereafter referred to
as "City" and the San Rafael City Schcol District, hereafter
referred to as "District".
FOR AND IN consideration of mutual promises, covenants,
and conditions hereinafter contained, the parties agree as
follows:
1. City hereby leases one classroom, designated on
Exhibit A, attached hereto and incorporated herein, located at
Glenwood School, 25 Casthewood Drive, San Rafael, CA 94901,
hereafter "Premises" from District. Such rental will commence
July 1, 1986, and end June 30, 1988.
2. Rent - July 1, 1986 to June 30, 1987 $250 per mo.
July 1, 1987 to June 30, 1988 $275 per mo.
3. City agrees that the rental premises will be used
only for the purpose of providing a child day care program.
4. District shall maintain, in force, general liability
insurance in the amount of $9,000,000 and the existing fire and
extended coverage insurance on the buildings.
5. City shall maintain in force during the term of this
Agreement, public liability insurance in the amount of $9,000,000,
naming District as an additional insured. It shall further be the
responsibility of the City to maintain appropriate insurance on
its own equipment contained in the building.
1.
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6. District shall hold harmless, indemnify, including
attorney's fees, and defend the City from any liability for
personal injury or property damage arising out of structural
defects and/or maintenance of the rental premises and/or any
negligence or intentional acts or omissions by the District, its
agents, or employees.
City shall hold harmless, indemnify, including
attorney's fees and defend District from any liability for
personal injury or property damage arising out of City's use of
the premises pursuant to this agreement and or any negligence or
intentional acts or omissions by the City, its agents or
employees.
7. City and District 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.
S. District will provide utilities, maintenance and
custodial operations for rental premises free of charge to the
City.
9. Either party may terminate this agreement upon
giving 30 days written notice to the other.
10. City shall provide and pay all costs for
supervision of the child care program conducted on the premises.
11. City shall not make alterations to the Premises
without prior written approval of District.
2.
5/18/87
12. City shall no"t assign or sublet this Lease without
prior written approval of District and any such assignment or
sublease without District approval is void.
13. This agreement may be amended only by written
consent of both parties.
IN WITNESS THERE01, the parties hereto have executed
this agreement on the day and year first above written.
CITY OF SAN RAFAEL:
LAWRENCE E. MULRYAN, Mayor
JE NE M. LEONC STI, City Clerk
APPROVED AS TO CONTENT:
PAMELA J. NICOLAI, City Manager
APPROVED AS TO FORM:
G y'1 GGHIANTI,iCi Attorne
�y Y
�
5/18/87
SAN RAFAEL CITY SCHOOL DISTRICT:
THOMAS E. SOLIS, Asst. Supt.
ATTEST:
APPROVED AS TO FORM:
r
RILARD V. GODINO, Counsel for
District
0
LEASE AGREEMENT
SHORT SCHOOL
This Agreement entered into this 19th day of January,
1987, by and between the City of San Rafael, hereafter referred to
as "City" and the San Rafael City School District, hereafter
referred to as "District".
W I T N E S S E T H
WHEREAS, District is the owner of that certain real
property known as Short School; and
WHEREAS, the City wishes to lease a portion of Short
School for certain functions provided by the City of San Rafael
Recreation Department; and
WHEREAS, Education Code sections 39500, et. seq.,
provide that a school district may lease school property not
needed for classroom use to another governmental agency.
NOW, THEREFORE, BE IT HEREBY AGREED as follows:
1. District leases to City and City leases to District,
a portion of that property known as Short School, hereafter
"Rental Premises" depicted on Exhibit A, attached hereto and
incorporated herein, for a period commencing July 1, 1986 through
June 30, 1989 for the consideration shown in the schedule below:
July 1, 1986 - June 30, 1987
July 1, 1987 - June 30, 1988
July 1, 1988 - Jure 30, 1989
1.
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$2,167.00 per month
2,350.00 per month
2,542.00 per month
Rent is to be paid in quarterly installments no later
than the eighth (8th) calendar day after the start of the Lease;
and, on the first day of each quarterly period thereafter.
2. It shall be the obligation of the City to pay costs
of water, electricity, gas, alarms, garbage pick-up and minor
maintenance and grounds care. If other portions of Short School
are rented by the school district to other tenants, the other
tenants will be required to pay a pro -rated share of the total
utility costs described above based on the amount of square feet
leased. Other tenants will be billed by the City for such costs.
3. District is responsible for major maintenance of the
plant, including roofs, asphalt surfaces, heating and air
conditioning and major plumbing repairs.
4. District shall maintain, in force,. general liability
insurance in the amount of $9,000,000 and the existing fire and
extended coverage insurance on the buildings.
5. City shall maintain in force during the term of this
Agreement, public liability insurance in the amount of. $9,000,000,
naming District as an additional insured. It shall further be the
responsibility of the City to maintain appropriate insurance on
its own equipment contained in the building.
6. City and District 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
anv successor statutes.
7. District shall hold harmless, indemnify, including
attorney's fees, and defend the City from any liability for
2.
5/18/87
personal injury or property damage arising out of structural
defects and/or maintenance of the rental premises and/or any
negligence or intentional acts or omissions by the district, its
agents or employees.
City shall hold harmless, indemnify, including
attorney's fees and defend District from any liability for
personal injury or property damage arising out of City's use of
the premises pursuant to this agreement and or any negligence or
intentional acts or omissions by the City, its agents or
employees.
S. The City shall not make structural alterations
without first receiving written permission from District.
9. The City shall not sublease or assign the use of any
portion of the rental premises without the written approval of the
District and any such assignment or sublease without District
approval is void.
10. This agreement may be amended or terminated by the
mutual consent of the parties hereto and may be cancelled by
either party upon sixty (60) days notice.
IN WITNESS THEREOF, the parties hereto have executed
this agreement on the day and year first above written.
CITY OF SAN RAFAEL:
� - G `+" �. `n ----
LAWRENCE E. MULRYAN, Mayor
JE A�M.NC , City Clerk
5/18/87
SAN RAFAEL CITY SCHOOL DISTRICT:
THOMAS E. SOL,TS, Asst. Supt.
ATTEST:
3.
GL r-_J10J-12-
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
PAMELA J. NIC LAI, City Manager ICHARD V. ODINO, Counsel for
District
APPROVED AS TO FORM:
DthGGHIANTI, �� / Attorney
4.
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IT