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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. 5/18/87 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. 5/18/87 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 5/18/87 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. 5/18/87 r �-� 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. 5/18/87 $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. 5/18/67 IT