HomeMy WebLinkAboutResolution No. 6189RESOLUTION N0, 6189
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
The First Congregational Church of San Rafael Re:
Renewing Building Lease to Conduct Pooh Corner Nursery School Program.
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 5th day of October ,
19 81 , by the following vote, to wit:
AYES: COUNCILME1,IBERS : Breiner, Jensen, Mi skimen, Nixon & Mayor Mul ryan
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS : None
A.
J NE M. LEONCINI, City Clerk
h GENAL
L E A S E
THIS INDENTURE OF LEASE, made and entered into as of the first day
of November, 1981, 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",
W I T N E S S E 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 "premises" or "leased 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,
1981, and terminating October 31, 1983, at a total rental for said
period of Seven Thousand Three Hundred and Seventy -Five Dollars
($7,375.00) lawful money of the United States, which Lessee agrees
to pay and Lessor to accept in installments as follows: (a) Two
Thousand Eighty -Seven Dollars and Fifty Cents ($2,087.50) upon
execution of this lease; and (b) One Thousand Six Hundred Dollars
($1,600.00) on July 1, 1982; (c) Two Thousand Eighty -Seven -Dollars
and Fifty Cents ($2,087.50) on November 1, 1982; and, (d) One
Thousand Six Hundred Dollars ($1,600.00) on July 1,-1983. 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.
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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.
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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
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insurance policy during the term of this lease or any extension
thereof. Lessee will at all time's during such term or extension
thereof maintain such coverage with limits of not less than
$1,000,000 as to any one person and $5,000,000 as to any one 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.
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 within 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
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
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term, including $300 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
J NN M. LEONCINI, CITY CLERK MAYOR17
APPROVED AS TO FORM:
EDMUND A. DUG rj CITY ATTORNEY
ME
THE FIRST CONGREGATIONAL CHURCH
of SAN RAFAEL, CALIFORNIA
CHAIRMAN, BOARD OF TRUSTEES