HomeMy WebLinkAboutResolution No. 5788 (First Congregational Church Preschool Program)RESOLUTION NO. 5788
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
Contractual Agreement between City and First Congregational
Church re: Renewing Building Lease for Preschool Program
a copy of which is hereby attached and by this reference made a part hereof.
I, JEANNE M. LEONCINI, City 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
Monday the 5th day Of November 9_ by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
*VrN 1. LEONCIII I , Ci t Cl erk
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"ING"INAL
L E A S E
THIS INDENTURE OF LEASE, made and entered into as of the thirty-first day
of October, 1979, by and between the City of San Rafael, California, herein-
after 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 Raod 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 fellow-
ship 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 thirty-first day of October, 1979, and terminating
October 31, 1981, at a total rental for said period of Six Thousand One
hundred and Seventy -Five Dollars ($6,175.00) 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 Dollars
($1,000.00) on July 1, 1980; (c) Two Thousand Eighty -Seven Dollars and
Fifty Cents ($2,087.50) on October 30, 1980; and, (d) One Thousand
im
Dollars ($1,000.00) on July 1, 1981.
In the event of increases in utility fees, as prescibed 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:OOA.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 lessees 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 to 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.
5. Lessor shall furnish utility services to the leased premises, including
refuse pickup, water, gas and electricity.
G. 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.
S. Lessee agrees that the leased premises are in a tenantable and
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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.
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.
1.1. 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
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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 claims of any nature except for liability arising out of the con-
dition 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 insurance policy during the term of this lease of 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 any one person and $5,000,000 as to any one occurrence, 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 additonal term of twelve months. Lessee's
option shall be exercised at least thirty (30) days prior to the expira-
tion of the original term, except that the provision 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
we
'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, fixtures, apparatus, structural additions 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,
}jut in no event shall such removal occur less frequently than once every
two weeks.
20. Lessee may supplement storage facilities upon the leased premises
for the storage of instructional equipment and supplies, subject to the
;prior approval of Lessor.
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21. 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.
22. 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.
23. Lessee shall keep the leased premises free from any leins arising
out of any work performed, material furnished or obligations incurred by
Lessee.
24. 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 be fixed by the Court.
25. The waiver by Lessor of any breach of any term, covenant, or condi-
Lion contained herein shall not be deemed to be a waiver of such term,
covenant or condition herein contained. The subsequent acceptance of rent
?lereunder 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 knowledge of such preceding breach at the time of
a.cceptance of such rent.
26. Any holding over after the expiration of the term hereof, with the
-onsent of Lessor, shall be construed to be a tenancy from month to month
at the rental for the last month of the preceding term, including $250
;ger month rental, together with additonal payments called for under
Paragraphs G and 7 hereof and any additional utility fee increases.
?7. Lessee represents that the nursery school program for which the
premises are leased hereunder bears tax-exemptstatus.
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S. Since Lessee's program is dependent upon adequate student participa-
tion 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:
ANNE M. ONC I, CITY CLERK
APPROVED AS TO FORM:
W tf ��a Ir -
EDMUND A. DUG N, CITY ATTORNEY
CITY OF SAN RAFAEL
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MAYOR
ere
THE FIRST CONGREGATIONAL CHURCH
of SAN RAFAEL, CALIFORNIA
CHAIRMAN, BOARD OF TRUSTEES