HomeMy WebLinkAboutResolution No. 5349a
RESOLUTION NO. 5349
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael a lease or agreement with
DIXIE SCHOOL DISTRICT, FOR LEASE OF PORTION OF BERNARD HOFFMAN 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 fifteenth day of August 1977,
by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Mayor Bettini
7AL
ANNE M. LEONCINI, City Clerk
I DIXIE SCHOOL DISTRICT
2 L E A S E
3 TRIS LEASE, made and entered into this 1st. day oft ---September ,
4 1977, by and between the DIXIE SCHOOL DISTRICT, hereinafter referred to as
5 "Lessor", and the CITY OF SAIL RAFAEL, hereinafter referred to as "Lessee",
6 WIT11ESSETH•
7 WHEREAS, Lessor is the owner of certain real property known as the
8 Bernard Hoffman School, which is not needed for school classroom pur-
9 poses; and,
10 WHEREAS, the Lessee is in need of facilities for use as a childcare
11 center pursuant to Education Code Sections 16554.5; and,
12 WHEREAS, pursuant to Education Code Sections 1655+.5; a.school district
13 may permit the use of its facilities by nursery groups or another govern -
14 mental agency on a non-discriminatory basis when such use does not reason -
15 ably impair or interfere with the right of the public to use the facility; and,
16 WHEREAS, the use of said portion of the Bernard Hoffman School by
17 Lessee would not interfere with school district use of the premises; and,
18 WHEREAS, it is greatly to the benefit of the•citizens of San Rafael and
19 the surrounding area that the portions of Bernard Hoffman School not needed
20 for school purposes be utilized for these purposes.
21 NOW THEREFORE, I1 IS MUTUALLY AGREED as follows:
22 1. In consideration of the covenants and conditions herein contained,
23 Lessor leases that portion of Bernard Hoffman School site described as
24 follows:
25 Two Kindergarten Rooms: Leased together with lavatory facilities, for the
26 period beginning September 1, 1977, and continuing for an indefinite period
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of time or pro -rated portion thereof. Rental shall be $50.00 per month payable
to the Dixie School District prior to June 30, 1978.
2. This property shall be used by Lessee For the purpose of maintaining
and operating a child-care center in accord with Education Code Sections
16554.5 and for storage of after school program equipment and for recreational
program usage.
3. Lessee shall provide public liability insurance coverage in the amount
of $300,000.00 per person, $1,000,000.00 per accident, and property damage of
$300,000.00, naming Lessor as an additional insured. Proof of such insurance
coverage shall be provided prior to occupancy. Lessee shall indemnify and hold
Lessor, its Board of Trustees and employees, harmless from any liability for
personal injury or property damage arising out of the use of said property by
the Lessee.
4. Lessee shall bear the full cost of all custodial services and main-
tenance work, including supplies, required on the leased premises. Lessor shall
bear the full cost of the following utilities: water, gas, electricity, and
garbage.
5. Lessee shall maintain the leased premises in a clean and undamaged
condition and, upon the termination of this lease, shall return the premises to
the Lessor in the original condition, normal wear and tear excepted.
6. Lessee shall provide adequate adult supervision over the conduct of
all activities on the premises.
7. The rights granted to Lessee under this Lease shall not be assigned
without written consent of the Lessor, nor shall Lessee sublease any portion of
leased premises without written consent of Lessor.
8. This lease shall be terminable:
(a) By the Lessor upon the giving of thirty (30) days' written
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notice if Lessor hereafter determines that it has a :seed to re-employ the
premises for the purpose of classroom instruction, and/or to renovate or
reconstruct the existing building for such purpose or to lease the premises
to parties under provisions of Education Code 16061.1.
(b) By Lessor, upon the giving of thirty (30) days' written notice,
should problems arise of such severity that Lessor, in its discretion, de-
termines the continued use of the premises -by Lessee -is not in the best in-
terest of the community.
(c) By Lessee upon the giving of thirty (30) days' written notice.
to the Lessor should it be determined that the continuance of use not be in
the best interests of the Lessee.
9. Lessee agrees to maintain building security by closing and locking
facilities when building is not in use.
IN WITNESS WHEREOF, the parties hereto have executed this Lease on
the day and year hereinabove first written.
ATTEST:
A711TEST:
DIXIE SCHOOL D S R T
By
Clerk Chairperson of the Board of Trustees
CIT
Byc
Clerk
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