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HomeMy WebLinkAboutResolution No. 6641 (Don Timoteo School Lease)RESOLUTION NO. 6641 A RESOLUrrION AU rl'HORIZING THE SIGNING OF A ____ C_O_N_T_RA_<;T, LEASE OR AGREENENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The ~mYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with DIXIE SCHOOL DISTRICT RE: DON TIMOTEO SCHOOL SEPTEMBER 1, 1983 THROUGH AUGUST 31, 1984 a copy of which is hereby attached and by this reference made a par.t 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 the ----------------------Monday 19th day of September 1983, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugo1i, Jensen, Miskimen & Mayor Mu1ryan NOES: COUNCILf\1EMBERS: None ABSENT: COUNCILMEMBERS: None ORIG~NAJL .... · 1 2 THIS LEASE is entered into this 1st day of September, 1983, by and be- 3 tween THE TRUSTEES OF THE DIXIE SCHOOL DISTRICT, herein referred to as DISTRICT 4 and THE CITY OF SAN RAFAEL CHILD CARE CENTER, hereinafter referred to as LESSEE. 5 WHEREAS, DISTRICT is authorized by the provisions of Education Code 6 Section 39360 et. seq. to lease any real property, together with personal property 7 thereon, belonging to the DISTRICT which is not currently required for educational 8 purposes; and 9 WHEREAS, LESSEE is desirous of obtaining such property for its own use 10 within the term, covenants, and conditions expressed and implied within this lease 11 NOW, THEREFORE, the parties agree as follows: 12 1. PREMISES LEASED. For and in consideration of the payment of rental 13 and other charges and of the performance of all the covenants, terms, and condi- 14 tions hereinafter provided to be observed and performed by LESSEE, DISTRICT hereby 15 leases to LESSEE that enclosed space designated as all interior space of Building 16 #6, Room 11, and Office Space in Building #4, consisting of 4,056 square feet 17 located at Don Timoteo School ("SCHOOL") which is located at 39 Trellis Drive, 18 which is situated in the Dixie School District, County of Marin, State of Califor- 19 nia. Exhibit #1, attached hereto and incorporated herein and made a part of this 20 lease agreement, outlines the space described above which is the subject of this 21 lease, which space is herein referred to as the "Premises". This lease shall be 22 for the term, at the rental and for the uses and purposes, and upon and subject to 23 the covenants, conditions, reservations, and restrictions herein set forth. 24 2. ADDITIONAL LICENSE FOR ANCILLARY FACILITIES. LESSEE shall have the 25 right to nonexclusive use of ancillary facilities at the SCHOOL, including shared 26 sidewalks and shared corridors. 27 LESSEE shall have the right to exclusive use of that portion of the 28 parking facilities at the SCHOOL which is designated by DISTRICT. In designating 29 the parking spar vai1able for the exclusive use of LESSEE, DISTRICT shall al- Page 1 of 12 pages 1 locate available parking space among lessees at the SCHOOL in approximately the .2 same porportion as the amount of space leased by each lessee at the SCHOOL as well 3 as the type of use intended by LESSEE. In designating the parking space available 4 to each lessee at the SCHOOL, DISTRICT shall use reasonable, good faith efforts 5 to allocate space at locations which are close to the space leased by each lessee 6 and shall use reasonable efforts to keep space allocated to each lessee contiguous 7 The decision of DISTRICT made in accordance with the foregoing standards shall be 8 final. 9 LESSEE shall have the right to nonexclusive use of playgrounds and 10 other grounds at the SCHOOL for uses consistent with the nature of those p1ay- 11 grounds and other grounds. However, LESSEE acknowledges and agrees that DISTRICT 12 shall be entitled to make playgrounds and grounds available for open community use 13 in the same manner as in the past at the sole discretion of the DISTRICT. In 14 order to make playgrounds and grounds available to the community and all lessees 15 at the SCHOOL on a fair and reasonable basis, DISTRICT shall be entitled to make 16 reasonable, good faith determinations allocating the time during which playgrounds 17 and grounds shall be set aside for use by lessees and by the community. DISTRICT 18 shall make such determinations with a view to permitting maximum use by all 19 lessees and the community with a minimum of conflict. In making such determina- 20 tion, DISTRICT shall take into account the nature of each 1essee 's activities and 21 periods of maximum use of the facilities, the amount of space leased by each 22 lessee, the periods of maximum community use and the availability of alternative 23 facilities for community use. The decision of DISTRICT made in accordance with 24 the foregoing standards shall be final. 25 3. TERM. The premises are leased for the term of twelve (12) months 26 commencing September 1, 1983, and ending on August 31, 1983, subject, however, 27 to earlier termination as hereinafter provided. 28 4. HOLDING OVER. This lease shall terminate and become null and void 29 without further notice upon expiration of the term specified. Further occupancy Page 2 of 12 pages 1 shall be subject to a new lease. ·2 5. USES AND PURPOSES. During the term of this ' lease, LESSEE may use 3 the subject space as noted on Exhibit #1 and that specified in paragraph 1 for 4 the purpose of operation by LESSEE of the business and activity as noted on Ex- 5 hibit #2, attached hereto and incorporated herein, and made a part of this lease 6 agreement. Any other use except by specific written permission of DISTRICT is 7 specifically prohibited. 8 During the term, LESSEE shall not use or permit any other person or 9 organization to use the premises or any part thereof for any purpose tending to 10 injure the reputation thereof or for any improper or offensive use or use which 11 constitutes a nuisance. LESSEE shall at its sole cost and expense, at all times 12 during said term, conform to and cause all persons using or occupying any part 13 of said premises to comply with all public laws, ordinances, regulations, use 14 permits, and business licenses from time to time applicable thereto and all oper- 15 ations thereon. 16 6. RENTAL. LESSEE agrees to pay DISTRICT the sume of $.18 per square 17 foot, per month for all the enclosed space which is described within Exhibit #1. 18 The cost shall be increased or decreased at the end of each year by the same 19 percentage (carried to three decimal places and rounded to two decimal places) 20 that the Consumer Price Index has increased or decreased in the San Francisco 21 Bay metropolitan area during the most recent calendar year as reported by the 22 United States Department of Commerce. Exhibit #1 shall indicate the agreed upon 23 number of square feet, together with shared space in the event toilet facilities 24 are shared by more than one LESSEE. In this event, each LESSEE shall be charged 25 for the same ratio of toilet space as his other leased space is to the total 26 other leased space of all lessees utilizing that toilet space. Ancillary faci1- 27 ities such as shared parking, shared playground, shared sidewalks and corridors 28 shall be made available at no cost to LESSEE. This paragraph refers only to 29 basic space rental . Other costs which apply to the services of utilities, Page 3 of 12 pages 1 insurance, custodial, and maintenance are treated elsewhere and are equally a 2 part of this entire lease agreement. 3 Rent shall be payable monthly in advance. 4 7. UTILITIES. LESSEE shall pay for all gas, heat, light, power, 5 garbage, telephone service, and all other service metered to the premises, except 6 water. DISTRICT further reserves the right to install, at DISTRICT expense, 7 separate meters for any public utility servicing the premises for which a meter 8 is not presently installed in which event LESSEE shall make payments, when due, 9 directly to the public utility involved. When separate metering systems are not 10 employed, DISTRICT shall charge a pro rata share of the utilities cost for the 11 entire school based upon DISTRICT records and upon DISTRICT's best estimate. In 12 this event, DISTRICT will make an annual adjustment to utilities between July 1 13 and September 1 each year based upon actual costs and LESSEE shall remit or re- 14 ceive the adjustment within thirty (30) days of notification of adjustment. Util- 15 ity costs and estimates for this lease shall be spelled out in detail on Exhibit 16 #3, attached hereto and incorporated herein and made a part of this lease agree- 17 ment. 18 If, at any time, LESSEE is in disagreement with the prorated estimate 19 of utilities cost, LESSEE shall be granted permission to install, at LESSEE's 20 expense, separate meters and thereafter pay only the metered rate. 21 8. CUSTODIAL CLEANING SERVICES. LESSEE shall provide its own 22 custodial services, either by its own staff or through utilization of various 23 commercial concerns which provide this service. DISTRICT assumes no responsi- 24 bility for custodial services. 25 9. MAINTENANCE AND REPAIRS. DISTRICT shall maintain and keep repaired 26 the roof, exterior surfaces, heating and air conditioning facilities, and 27 electrical and plumbing facilities of the buildings in which the premises are 28 located and ancillary facilities and grounds of the SCHOOL. Such maintenance 29 and repairs shall be at the expense of the DISTRICT except for maintenance and Page 4 of 12 pages l ' r.epairs which are caused by the willful or negligent dcts of LESSEE or its 2 invitees. The level of such maintenance and repairs shall be comparable to the 3 level of effort that occurs at other DISTRICT sites which are utilized by DISTRICT 4 for educational purposes. 5 Maintenance and repairs of the premises, except maintenance and repairs 6 required by normal wear and tear, shall be at the expense of the LESSEE. DISTRICT 7 shall not be required nor expected to provide maintenance and repairs to the 8 premises necessitated by the willful or negligent acts of LESSEE or its invitees, 9 or by acts of vandalism to the premises which are beyond the control of DISTRICT. 10 Specific details of maintenance which differ from that specified above shall be 11 prescribed on Exhibit #4, attached hereto and incorporated herein and made a part 12 of this lease agreement. 13 It is stipulated by LESSEE that by entry into-possession that premises 14 are in good condition, reasonable wea! and tear excepted. 15 Any maintenance and repairs of the premises not required to be perform- 16 ed at the expense of DISTRICT and requested by LESSEE, shall be performed by 17 DISTRICT at the expense of the LESSEE, for which DISTRICT shall charge LESSEE the 18 same rate which DISTRICT charges its own schools and other public agencies at the 19 time the service is performed. 20 10. GROUNDS. It is stipulated and expressly noted by both parties 21 that DISTRICT has, and will continue, to make grounds available for open com- 22 munity use in the same manner as in the past. Therefore, DISTRICT assumes 23 responsibility for grounds maintenance and landscape grooming to the same extent 24 and to the same level of effort that occurs at pther DISTRICT sites which are 25 utilized for educational purposes. DISTRICT recognizes that some minor 1and- 26 scaping changes may be requested in those areas immediately adjacent to the sub- 27 ject leased space and will consider any improvements requested by LESSEE at 28 29 LESSEE's expense. 11. LIABILITY INSURANCE. LESSEE shall acquire and keep in force, Page 5 of 12 pages 1 during the term of the lease, at LESSEE's expense and with companies and policies 2 in a form satisfactory to DISTRICT, insurance against inJury to persons or 3 property on the premises, which shall include property damage coverage in the 4 amount of One Hundred Thousand Dollars ($100,000.00) for each occurrence; together 5 with bodily injury insurance in the amount of Three Hundred Thousand Dollars 6 ($300,000.00) for one person and One Million Dollars ($1,000,000.00) for one 7 accident. The policies shall specifically designate that DISTRICT is an addi- 8 tional named insured thereunder and LESSEE shall furnish DISTRICT a certificate 9 of such insurance. LESSEE shall obtain written obligation on the part of any 10 such insurance company to notify DISTRICT in writing within a reasonable time 11 prior to any cancellation, reduction, or modification of any such policy. 12 It is further agreed that the LESSEE's liability policy shall be 13 endorsed to be primary insurance as respect to the interest of DISTRICT and that 14 any other insurance maintained by the DISTRICT is excess and not contributing 15 insurance with the insurance required hereunder. 16 12. FIRE INSURANCE. LESSEE agrees that DISTRICT shall acquire the 17 necessary fire insurance on the premises and to pay the premiums therefor, and 18 LESSEE shall repay to DISTRICT the expense incurred by DISTRICT for such insur- 19 ance. Such amount shall be deemed to be additional lease payments and shall be 20 payable as such. These costs shall be spelled out in detail in Exhibit #3. The 21 obligation of LESSEE hereunder shall be subject to the following limitations: 22 (a) In the event of loss, the LESSEE and DISTRICT shall equally share 23 the deductible expense incurred. The DISTRICT shall pay half the $10,000 deduct- 24 ible and the remaining half will be apportioned amont the LESSEE(S) involved in 25 the loss. 26 (b) That portion of DISTRICT's fire insurance costs allocable to the 27 premises leased by LESSEE is to be determined as provided on Exhibit #5, attached 28 hereto and incorporated herein and made a part of this lease agreement. Nothing 29 contained in this Section shall be deemed to constitute a waiver by DISTRICT of Page 6 of 12 pages 1 any rights which it may have against LESSEE for its negligent or intentional acts. 2 13. TAXES. LESSEE shall pay any Possessory Use Tax or other Real 3 Estate Tax which may be levied. It shall not be the responsibility of DISTRICT 4 to determine whether or not such taxes are required or due. S 14. USE PERMIT AND TERMINATION. LESSEE shall secure a Use Permit from 6 the City of San Rafael, or the County of Marin, whichsoever has jurisdiction, 7 together with all other necessary permits and approvals from the appropriate 8 governmental entity. DISTRICT shall support LESSEE to secure such a Use Permit. 9 Said Use Permit must be obtained as a condition of the commencement of the term 10 of this lease. 11 15. ASSIGNMENT AND SUBLETTING. LESSEE shall not assign this lease or 12 any interest therein, nor lease or sublet the premises, or any part thereof, or 13 any right or privilege appurtenant thereto, nor permit the occupancy or use of 14 any part thereof by any other person, without prior written consent of DISTRICT, 15 and a consent to anyone assignment, subletting, occupancy or use shall not 16 relieve LESSEE of its obligations hereunder. Any such purported assignment, sub- 17 lease, occupancy or use without the prior written consent of DISTRICT shall be 18 null and void. 19 16. ENTRY BY DISTRICT. DISTRICT and its agents shall have the right 20 at any reasonable time to enter upon the premises, so long as it does not inter- 21 fere with any reasonable business of LESSEE, for the purposes of inspection, 22 serving and posting notices, and making any necessary repairs, alterations or 23 additions to any portion of the premises, complying with laws, ordinances, and 24 regulations, protecting the premises, or for any other lawful purpose, including 25 showing the premises to prospective purchasers or tenants. 26 17. KEYS. The existing Schlage lock system shall be maintained and 27 controlled by DISTRICT. DISTRICT shall provide, without cost, initial key 28 service as required by LESSEE. Copies of keys shall be provided by DISTRICT onl 29 18. ~ONSTRUCTION. t ~SSEE shall not enter into any contract or agree- Page 7 of 12 pages 1 ment with any City, County, or any governmental agency or body or public utility 2 with reference to sewer lines or connections, water lines or connections, street 3 improvements, including but not limited to curbs, gutters, parkways and street 4 lighting, or utility connections, lines or easements without prior written consent 5 of DISTRICT. Furthermore, no construction, removal, or demolition which changes 6 the internal or external configuration, structural integrity, or ventilation 7 patterns of the premises shall be effected without prior written consent of DIS- 8 TRIeT. Any improvements permitted shall comply with structural requirements for 9 school buildings. 10 DISTRICT recognizes the changing nature of building utilization and 11 this paragraph is not intended to discourage modifications, additions, or a1ter- 12 ations. Rather, it is intended to stress that any changes must be in conformance 13 with the structural requirements for school buildings together with compatibility 14 with the surrounding community. All construction presently intended to be under- 15 taken by LESSEE is detailed on Exhibit #6, attached hereto and incorporated here- 16 in and made a part of this lease agreement. Except as otherwise agreed by DIS- 17 TRICT, all such construction and improvements shall become the property of DIS- 18 TRICT upon termination of this lease. 19 19. ABANDONMENT. LESSEE agrees not to vacate or abandon the premises 20 at any time during the term of this lease. Should LESSEE vacate or abandon the 21 premises or be dispossessed by process of law or otherwise and in any event after 22 the term of this lease shall have expired, or the lease shall have otherwise 23 terminated, any personal property belonging to LESSEE and left on the premises 24 shall, at DISTRICT's option, be deemed to be abandoned and shall be subject to 25 the provisions of Section 21 of this lease. 26 20. SURRENDER OF POSSESSION. Upon expiration of the term of this 27 lease, or any earlier termination thereof, LESSEE shall surrender to DISTRICT 28 possession of the premises. Upon surrender the premises shall be clean and in 29 good condition, reasonable wear and tear excepted. Page 8 of 12 pages 1 21. REMOVAL OF PERSONAL PROPERTY. LESSEE may remove or cause to be , 2 removed all movable furniture, furnishings and equipment installed in the premises 3 and on the SCHOOL. Any personal property that is not removed therefrom within 4 ten (10) days after the date of any termination of this lease thereafter shall 5 belong to DISTRICT without the payment of any consideration. 6 22. HOLD HARMLESS. LESSEE shall indemnify and hold DISTRICT harmless 7 from any and all claims or liability occurring upon or connected in any way with 8 any.occurrence, neglect or omission or the premises resulting or alleged to re- g su1t directly or indirectly from any action, neglect or omission of DISTRICT, its 10 employees, agents, or invitees. LESSEE shall also indemnify, defend and hold 11 DISTRICT harmless from any liability for personal injury or property damage 12 arising out of any activity of LESSEE, its agents, employees, guests or invitees 13 on the premises or at the SCHOOL. In addition, LESSEE shall hold DISTRICT harm- 14 less from any and all liability in connection with the installation and use of 15 all playground equipment. 16 23. LIMITATION ON DISTRICT'S RESPONSIBILITIES. DISTRICT shall not be 17 liable for any damage, compensation or claim for abatement or rent or otherwise 18 by reason of any inconvenience, annoyance, injury, loss or damage arising from 19 the installation, operation or maintenance of any equipment or service, or from 20 any failure to furnish or keep said equipment or service in operation when caused 21 by accidents or conditions beyond the reasonable control of DISTRICT, arising 22 from repairs, removal, improvements needful in the judgment of DISTRICT, or 23 because of power failures, labor disturbances or labor disputes of any character. 24 No failure, defect, omission, or delay in furnishing installation, operation or 25 maintenance of any equipment or service shall relieve LESSEE from the duty to 26 pay the full amount herein reserved. 27 24. NOTICES. Any notices to be given or other documents to be 28 delivered by any party to the other, or others, hereunder, may be delivered in 29 person to an officer of ~ny party, or may be deposited in the United States Page g of 12 pages 1 mail in the State of California, duly certified or registered, with postage 2 prepaid and addressed to the party for whom it is intended as follows: 3 4 5 6 7 8 9 (a) To District at its business office: 380 Nova Albion Way San Rafael, CA 94903 (b) To LESSEE at its business office: 39 Trellis Drive San Rafael, CA 94903 25. DEPOSITS. DISTRICT hereby acknowledges receipt of the sum of 10 Five Hundred Twenty-Four and 16/100 Dollars ($524.16) for the last month's rent. 11 DISTRICT further acknowledges receipt of the sum of One Hundred Fifty Dollars 12 ($150.00) as a deposit as security for the cleaning of the premises upon termi- 13 nation of the lease. These amounts shall be shown in more detail on Exhibit #7, 14 attached hereto and incorporated herein and made a part of this agreement. In 15 the event LESSEE shall have fully performed all the terms and conditions of this 16 lease throughout the term hereof, and at the expiration hereof shall not be in 17 default under this lease, then DISTRICT shall return said deposit to LESSEE. 18 26. UNAVOIDABLE DELAY -FORCE MAJEURE. If either party shall be 19 delayed or prevented from the performance of any act required by this lease by 20 reason of acts of God, strikes, lockouts, labor troubles, inability to procure 21 materials, restrictive governmental laws, or regulations or other cause, without 22 fault and beyond the reasonable control of the part obligated (financial in- 23 ability excepted), performance of such act shall be excused for the period of ~ 24 the delay and the period for the performance of any such act shall be extended 25 for a period equivalent to the period of such delay provided, however, nothing 26 in this section shall excuse LESSEE from the prompt payment of any charge re- 27 qui red of LESSEE except as may be expressly provided elsewhere in this lease. 28 27. TOTAL OR PARTIAL DESTRUCTION. In the event that the premises are 29 totally or partially destro"od, DISTRICT shall cause premises to be repaired Page 10 of 12 pages " 1 , 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 within the period of 120 days. During the period of repair, LESSEE's rent for the unusable portion of the premises shall be abated. If repairs cannot be com- pleted within 120 days, then either LESSEE or DISTRICT shall have the option to terminate this lease. However, DISTRICT shall have the option to provide LESSEE with comparable facilities at another School within the Dixie School District, in which case rental per square foot provided by this lease shall be applicable to the alternate space provided and LESSEE shall not have the option to terminate this lease. III III III III III III III III III III III III III III III III III III III /1/ III Page 11 of 12 pages 1 IN WITNESS WHEREOF, each of the parties hereto has caused this lease '2 to be executed by its officers thereunto duly authorized and the corporate seal 3 affixed as of the day and year first above written. 4 5 6 7 B 9 10 11 12 13 14 15 16 17 THE TRUSTEES OF THE DIXIE SCHOOL DISTRICT APPROVED AS TO FORM: CITY OF SAN RAFAEL Y " 0 { ~.IQ~ 2.(11 ~ 0= APPROVED AS TO CONTENT: ~ LAWRENCE E. MULRYAN, MAYOR ATTEST: JE Appendix attached hereto as Exhibl . LEONCINI, ITY CLERK through #7 inclusive. lB Approved as to form and content by Marin County Counsel: 19 20 21 22 23 24 25 26 27 28 29 sl Ruth Rosen Ruth Rosen, Deputy County Counsel Page 12 of 12 pages 1 .2 3 4 5 6 7 8 9 10 11 12 13 14 15 EXHIBIT I CITY OF SAN RAFAEL CHILD CARE CENTER Premises Leased All interior space of Building #6 at Don Timoteo School, con- sisting of 2,912 sq. ft.; Room 11 in the south wing consisting of 952 sq. ft.; and office space in Building #4, consisting of 192 sq. ft .. Monthly Rent Per Sq. Ft. $. 18 16 The premises so leased are outlined on appended map. 17 18 19 20 21 22 23 24 25 26 27 28 29 Total Monthly Rent Per Sq. Ft. $730.08 l _II L~ \1\ 'It. !'It ----,\ -' / / ) ) -(iC"; ~ .. -. ~~'-'~~ GilJ ... ~ \ 0\ co -' ~ ... N 0 -\ [:0 \ " ." r--------l r-------, I I I I I I 1 I I I I ' I I I I I I I L w I I I I loS Z ;) I I I rm 0 I ~ I I I I L a I I I ern ....., I I ~ I 1/1 ~' I rill oj I I I si '1 a. ~ 1 '" L _________ J 0 I ~ J L_":....J " I : / I ~ ) r----, r---, r---l r-l I 0. l-~ 1-. I r--..J '-_..J L_-, Ip~ I'd , ... I'd ~ I I I t! .. I L..J L.J L i ~ x I ..I ., -' r-' r-, I I I I I 1 I r ~ I ti I LJ I I I >-I LJ !: I I ~ \ r-,....~-----_fl s I I , LJ ______ L-l "- I 1/1 ,-----------, I ,. L _________ ....J ,.. (1\ • -1 '" rf oJ r~ \ ~ ¥ I ~ c. I ~ ~ ) ~ <:)-...J .. ~, I", I ~<:::l 1/1 I c:::Q ""-'.:-. 0 d) I ~~ 11'\ '" 1/1 IA I Q I 1 ·2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 · . EXHIBIT 2 CITY OF SAN RAFAEL CHILD CARE CENTER Use of Premises City of San Rafael will operate a Day Care Center. Programs will include pre- school programs, extended pre-school, and extended day care. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 EXHIBIT 3 CITY OF SAN RAFAEL CHILD CARE CENTER Utility Cost Estimate Allocation Allocation Factors Sq. Ft. of Site: 29,808 Sq. Ft. of Area: 4,056 % of Site Leased (Factor) 13.61 % Utility Cost Estimate Allocation Gas and Electricity: Garbage: Total Utilities: Factor .1361 x above f 12 = Monthly Charge: $ 4,700.00 1,000.00 5,700.00 * 775.77 $ 64.65 * 21 * This amount will be adjusted to actual cost in August, 1984 and each August 22 thereafter. 23 24 25 26 27 28 29 1 "2 3 4 EXHIBIT 4 CITY OF SAN RAFAEL CHILD CARE CENTER 5 MAINTENANCE AND REPAIRS 6 7 As indicated in lease. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 "2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 EXHIBIT 5 CITY OF SAN RAFAEL CHILD CARE CENTER Fire Insurance Cost Allocation Allocation Factors Site % of District Sq. Ft.: Sq. Ft. of Site: Sq. Ft. of Area: % of Site Leased (Factor) 10.25 % 29,808 4,056 13.61 % Fire Insurance Cost Allocation Annual District Premium: Site % of Total Factor .1361 x above ~ 12 = Monthly Charge: $21,369.00 2,190.32 298.10 $ 24.84 2 3 4 EXHIBIT 6 CITY OF SAN RAFAEL CHILD CARE CENTER 5 CONSTRUCTION 6 7 No construction shall be permitted except by written approval of the School 8 District. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 "2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 EXHIB IT 7 CITY OF SAN RAFAEL CHILD CARE CENTER DEPOSITS First Month1s Rent: Last Month1s Rent: Cleaning Depsoit: Utilities & Insurance (1st month) TOTAL ON DEPOSIT $ 524.16 (Paid) 150.00 (Paid) $674.16 DIXIE SCHOOL DISTRICT Business Services Administration COMPUTATION OF LEASE COSTS TENANT: _C_I_T_Y_O_F_SA_N_RA_F_A_EL_C_H_I L_D_C_A_R_E_C_E_N_TE_R ____ INVOI CE # ____ _ DATE September 1, 1983 SITE: Don Timoteo School Area: Building #6 DETERMINATION OF FACTOR: Site % of District sq. ft. : 10.25% Sq. ft. of Site: 29,808 Sq.ft. of Area: 4,056 % of Site Leased (Factor) 13.61 % 1. BASIC RENT: __ --=4~,0-5-6---X ___ ._18 ____ = S 730.08 sq. ft. 2. INSURANCE: Annual District Premium: Site % of Total: Factor X above: 7 12 = Monthly Charge: 3. UTILITIES: Gas & Electricity: RECAP: Garbage: Total Utilities: Factor .1361 X above: 7 12 = Monthly Charge: RENT: INSURANCE: UTILITIES: TOTAL MONTHLY PAYMENT: $21,369.00 2,]90.32 298.10 $ 24.84 $ 4,700.00 1, 000. 00 5,700.00 775.77 $ 64.65 * $ 730.08 24.84 64.65 $ 819.57 * This amount will be adjusted to actual cost in August, 1984 and each August thereafter. 8/10/83 per month 1 2 ADDENDUM TO LEASE AGREEMENT 3 4 WHEREAS, the Board of Trustees of the Dixie School District did hereby 5 approve attached 1983/84 LEASE AGREEMENT at the same established lease rate as 6 for the 1982/83 school year on Wednesday, August 17, 1983 for the term of twelve 7 (12) months beginning September 1,1983 and ending August 31, 1984; and 8 WHEREAS, the Board of Trustees have determined that the presently 9 established rental rates per square foot are substantially lower than established 10 rental rates in the surrounding areas; 11 BE IT THEREFORE known and understood that during the month of March, 12 1984 a IIpre-rate settingll discussion will take place and that in all probability, 13 all rates will be increased and that a minimum rate, substantially higher than 14 the $.18, $.22 and $.36 now being charged, will be established as the basic 15 rental rate to become effective as of September 1, 1984; 16 BE IT FURTHER understood that LESSEE will provide LESSOR with . a Notice 17 of Intent regarding further occupancy of Dixie Surplus School ·sites at the newly 18 established rate by June 30, 1984. 19 THIS ADDENDUM attached hereto and incorporated herein does hereby be- 20 come a part of the 1983/84 LEASE AGREEMENT in accordance with direction from the 21 Board of Trustees of the Dixie School District this 18th day of August, 1983. 22 23 THE TRUSTEES OF THE DIXIE SCHOOL DISTRICT 24 25 26 27 2B 29 By: ~~~~~~~~~~~~~~_ Whose Title PAGE TWO TO ADDENDUM TO LEASE AGREEMENT CITY OF SAN RAFAEL ~e .. ~ r'~r~ AWRENCE E. MULRYAN;MAY'OR ATTEST: APPROVED AS TO FORM: ~~.~~J, CITY ATTORNEY APPROVED AS TO CONTENT: