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HomeMy WebLinkAboutResolution No. 5566RESOLUTION NO. 5566 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 (Use of Facility by Pooh Corner Cooperative Nursery School) 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 twentieth following vote, to wit: day of November , 1978 by the AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None JEME M. LEONCINI, City Clerk 1/78 -CC L E A S E THIS INDENTURE OF LEASE, made and entered into as of the twenty-first day of October, 1978, by and between the City of San Rafael, California, 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, rest rooms, westernmost storage cicset and fenced outdoor play area, all" -ad- jacent 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 twelve months and ten days commencing on the twenty-first day of October, 1978, and terminating October 30, 1979, at a total rental for said period of Three Thousand Eighty-seven Dollars and Fifty Cents ($3,087.50) lav;- ful 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, 1979. Parties hereto do hereby agree as follows: 1. Lessee shall maintain the lea -ed premises during the term hereof, as hereinafter provided. 2. The leased premises shall be av�:i fable for use by Lessee het;•:een the hours of 8:00 A.1'.. and 12:00 P.M. 0goon) Gaily, 1410nr7ay 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 lo- cated in a generally sightly and safe condition. Lessee shall en- deavor 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 re=use pickup, water, gas and electricity. 6. Any repairs necessitated by breakdown or malfunction- ing 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, normal wear and tear excepted. 7._ Lessee shall pay`for all telephone services furnished the nursery school during the term of this lease. 8. Lessee agrees that the !eased prem 4ses are in a tenant- able 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 rake 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 appurtenancesandall furniture, goods and other per- -2- sonal 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, hap- penings, 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. 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 there- of 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 day on which they were rendered unfit for occupancy by Lessee, and in any event witl/ 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 building 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 liability arising out of the condition of Lessor's property where such condition is not caused by the operation of the nursery school. Lessee, the City of San Rafael, is self insured. 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 notifi- cation 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 addredsed 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 appliances 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 prem- ises 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 Les- see 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. Any notice which either party may, or is required to -4- give, shall be given by mailing the same, postage prepaid, to Les- sor or Lessee at the address shown below, or at such other place, as may be designated in writing by the parties from time to time. Lessor: The First Congregational Church of San Rafael S North San Pedro Road San Rafael, California 94903 Lessee: City of San Rafael,Attention - City Manager P. 0. Box 60 San Rafael, California 94902 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. Lessor shall provide the .paint for one such painting at no cost to Lessee, and Lessee shall provide all 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 ap.proval of Lessor. 22. Lessee shall place all of its movable equipment, in- cluding but not limited to wheel toys, within a locked storage area so as to render these items unavailable to anyone but Lessee's par- ticipating students at all times that Lessee is not providing an in- structional program. 23. Lessee keeping and performing the conditions and agree- ments 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 obli- gations 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 cover: - ant contained herein, the losing party in such litigation shall pay the prevailing party a reasonable atto-rney's fee which shall be fixed- by ixedby 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 or any subsequent breach of the same, or any other 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 knowledge of such preceding breach at the time of accept- ance of such rent. 27. Any holding over after the expiration of the term here- of, 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 preced- ing term, including $250 per month rental, together with additional payments called for under Paragraphs 6 and 7 hereof. 28. Lessee represents that the nursery school program for which the premises are leased hereunder bears tax-exempt status. IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year -5i.rst above written. CITY OF SAN RAFAEL, CALIFORNIA THE FIRST CONGREGATIONAL CHURCH OF SAN RAFAEL, CALIFORNIA By GG� Y - Mayor Chairmazi-," Board of Trustees APPROVED AS TO FORM: 1A) 1��" AV HAR-RY- A CITY AT T O` N Y ED BY WHIM - PA T 1. E A S E THIS INDENTURE OF LEASE, made and entered into as of the twenty-first day of October, 1978, 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 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, rest rooms, 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 twelve months and ten days commencing on the twenty-first day of October, 1978, and terminating October 30, 1979, at a total rental for said period of Three Thousand Eighty-seven Dollars and Fifty Cents ($3,087.50) lawful money of the United States, which Lessee agrees to pay and Lessor to accept in installments t 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, 1979. 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 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 main- tain 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 deface- ments caused by the nursery school enrollees. 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 fycezer 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 appur- tenances 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 -2- Lessee's consant shall be paid for by Lessee, and Lessee shall, at the termin- ation 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. 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 came are unfit for use I by Lessee. In the event of Lessor's failure to restore the building 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 con- nection 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 WE Lessee is on the premises and shall indemnify Lessor against any and all claims of any nature except for liability 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 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 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 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 re- newal 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 Lessee 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. -4- 17. Lessee shall not install or affix to the premises of Lessor any equipment, fixtures, apparatus, structural additions or appliances 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. Lessor shall provide the paint for one such painting at no cost to Lessee, and Lessee shall provide all 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. "SM 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 obligations 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 or any subsequent breach of the same, or any other term, covenant or condition herein contained. The subsequent acceptance of rent here- under 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 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 term, including $250 per month rental, together with additional payments called for under Paragraphs 6 and 7 hereof. 28. Lessee represents that the nursery school program for which the premises are leased hereunder bears tax-exempt status. IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year first above written. CITY OF SAN RAFAEL, CALIFORNIA By APPROVED AS TO FORM Y CONNI CK-, CITY THE FIRST CONGREGATIONAL CHURCH OF SAN RAFAEL, CALIFORNIA B Chn, Bob d of Trustees . City of San "Rafael ATTEST. ATTORNEY