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HomeMy WebLinkAboutResolution No. 6688 (Preschool Program First Congregational Church)RESOLUTION NO. 6688 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 OF SAN RAFAEL TO CONDUCT PRESCHOOL PROGRAM (November 1, 1983 through October 31, 1985) 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 Ci ty held on MONDAY --------------------the 5TH day of DECEMBER 19~, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS :None ABSENT: COUNCILMEMBERS:None ~ANNE M. LEONCINI, City Clerk LEA S E THIS INDENTURE OF LEASE, made and entered into as of the first day of November, 1983, by and between the City of San Rafael, Cali- fornia, hereinafter referred to as "Lessee", and The First Congregational Church of San Rafael, California, hereinafter referred to as "Lessor", WIT N E SSE T H Lessor, for and in consideration of the rents, covenants and provisions hereinafter contained, does hereby demise and lease unto 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 follows and hereinafter referred to as the IIpremises II or IIleased premises", Fellowship hall (lower level, main building) and kitchen, restrooms, westernmost storage closet and fenced outdoor play area, all adjacent to said fellowship hall. to have and hold the premises above leased with appurtenances, rights, privileges and easements thereunto belonging to Lessor, together with the right, shared with Lessor, to use the parking lot adjacent to said fellowship hall, all of which shall be considered part of the premises for purposes of the covenants herein, for the term of twenty-four months commencing on the first day of November, 1983, and terminating October 31, 1985, at a total rental for said period of Eight Thousand Dollars ($8,000.00) lawful money of the United States, which Lessee agrees to pay and Lessor to accept in quarterly installments of One Thousand Dollars ($1,000.00) each, payable November 1, 1983; February 1, 1984; May 1, 1984; August 1, 1984; November 1, 1984; February 1, 1985; May 1, 1985; and August 1, 1985. In the event of increases in utility fees, as prescribed by P.G.& E, Lessee agrees to pay for said increases during the term of the lease. Parties hereto do hereby agree as follows: 1. Lessee shall maintain the leased premises during the term hereof. 2. The leased premises shall be available for use by Lessee between the hours of 8:00 A.M. and 12:00 P.M. (Noon) daily, Monday through Friday, during the term hereof. Lessor reserves the right to lease or otherwise use the leased premises at all other times, provided that Lessor and/or any such lessee shall be responsible for maintenance of the premises arising out of any such lease or use. 3. The leased premises are leased to Lessee for the sole purpose of operating the parent cooperative nursery school known as Pooh Corner, and Lessee shall not use the premises or any part thereof for any purpose not related thereto without prior written consent of Lessor. 4. Lessee shall furnish its own custodial services and supplies on a daily basis, Monday through Friday, during the term hereof, and shall maintain the premises within which they are located 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. -2- 5. Lessor shall furnish utility services to the leased premises, including refuse pickup, water, gas and electricity. 6. Any repairs necessitated by breakdown or malfunctioning of steam table, refrigerator, stove, stove hood exhaust fan or freezer shall be arranged by Lessor and paid for by Lessee unless not related to Lessee's use of the equipment involved. 7. Lessee shall pay for all telephone services furnished the nursery school during the term of this lease. 8. Lessee agrees that the leased premises are in a tenantable 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 provided 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, and 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 Lessor in as good condition and repair as when received, reasonable and proper use thereof, action of the elements, normal depreciation, obsolescence and other causes, happenings, and occurrences beyond the reasonable control of Lessee excepted. 9. No religious service or observance shall be conducted in the leased premises during the regular hours the nursery school is in operation. -3- 10. Lessee shall in the use of the premises faithfully observe all municipal ordinances and state and federal statutes which are now or hereinafter will be in force. 11. Lessee shall not assign this lease or sublet the demised premises without prior written consent of the Lessor. 12. In the event that the leased premises or any part thereof should be so injured by fire or other casualty as to be rendered unfit for occupancy by Lessee, Lessor may at its option elect to terminate this lease upon thirty (30) days written notice to Lessee. In the event it does not do so, Lessor shall use its best efforts to restore the leased premises within thirty (30) days after the date on which they were rendered unfit for occupancy by Lessee, and in any event within sixty (60) days after such date, and Lessee shall not be obligated to pay any rent for that part of the premises damaged while the same are unfit for use by Lessee. In the event of Lessor's failure to restore the buildings as set forth above, this lease shall be terminated and Lessor shall refund to Lessee any unused portion of rent that may have been paid in advance hereunder in connection with the foregoing. 13. Lessee shall release and hold Lessor harmless from any and all liability for injury to its students, staff and other persons during the hours Lessee is on the premises and shall indemnify Lessor against any and all claims of any nature except for lia- bility arising out of the condition of Lessor's property where such condition is not caused by the operation of the nursery school. Lessee will furnish Lessor with proof that Lessor has been named as the primary insured under Lessee's comprehensive public liability -4- 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 anyone person and $5,000,000 as to anyone occur- rence, and $5,000,000 as to property damage. 14. Lessor grants to Lessee the option of renewing this lease at the expiration of the term for an additional term of twelve months. Lessee's option shall be exercised at least thirty (30) days prior to the expiration of the original term, except that the provisions of this lease, including but not limited to rental and other charges payable under this lease during the renewal term, shall be subject to negotiation during the period between notification and renewal date. In the event the parties do not reach agreement in such negotiations, then the option to renew shall not be effective. Notice of exercise of the option shall be addressed to Lessor at 8 North San Pedro Road, San Rafael, California, in writing. 15. No default or breach of any covenant or condition on the part of Lessee or Lessor shall exist unless or until Lessee shall have served on Lessor or Lessor shall have served on Lessee a written notice specifying with particulars the alleged defaults or breaches claimed to exist, and Lessee or Lessor shall fail or omit to commence the performance or observance thereof within ten days after the receipt of such written notice. 16. This lease shall be binding on the parties hereto, their successors and assigns. -5- · . 17. Lessee shall not install or affix to the premises of Lessor any equipment, fixture, apparatus, structural addition or appliance without prior written consent of Lessor provided. 18. 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 reasonable time thereafter, and shall be so removed within such reasonable 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. 19. Damaged or broken supplies or equipment owned by Lessee shall be removed from Lessor's premises at Lessee's cost wi thin a reasonable time, but in no event shall such removal occur less frequently than once every two weeks. 20. 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 provide all paint, labor and other materials for such painting at no cost to Lessor. 21. Lessee may supplement storage facilities upon the leased premises for the storage of instructional equipment and supplies, subject to the prior approval of Lessor. 22. Lessee shall place all of its movable equipment, including but -6- not limited to wheel toys, within a locked storage area so as to render these items unavailable to anyone but Lessee's participating students at all times that Lessee is not providing an instructional program. 23. Lessee keeping and performing the conditions and agreements herein contained shall at all times during the term hereof publicly and quietly have, hold and enjoy the leased premises. 24. Lessee shall keep the leased premises free from any liens arising out of any work performed, material furnished or obliga- tions incurred by Lessee. 25. In case 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 a reasonable attorney's fee, which shall be fixed by the Court. 26. The waiver by Lessor of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of such term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this lease, other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowldge of such preceding breach at the time of acceptance of such rent. 27. 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 for the last month of the preceding -7- ,. term, including $333 per month rental, together with additional payments called for under Paragraphs 6 and 7 hereof and any additional utility fee increases. 28. Lessee represents that the nursery school program for which the premises are leased hereunder bears tax-exempt status. 29. Since Lessee's program is dependent upon adequate student participation and in the event that student participation forces cancellation of the program, Lessee may give sixty (60) days notice to terminate the agreement. Any unused amortized rents may be pro-rated and refunded to Lessee. IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year first above written. ATTEST: CITY OF SAN RAFAEL Oe.... ..... --h. . ·", .. :fn -. -'.. <::b ... ( r fL1-R.-2"' • --t<~:...p...,:------::C=I=T==Y~CC::-~L~E~~--=~-'-=-=---MAYOn 7 APPROVEfiij)j/) & CITY ATTORNEY -8- THE FIRST CONGREGATIONAL CHURCH of SAN RAFAEL, CALIFORNIA CHA~OARD OF TRUSTEES