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Home My WebLink AboutResolution No. 5089RESOLUTION NO. 5089 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 Grace Church of Marin for Use of the Recre i n rPntPr_ A copy of which is hereby attached and by this reference made a part hereof. I, MARION A. GRADY, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a City held on regular meeting of the City Council of said Monday the 2nd day of February , 19 76 , by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None MARION A. GRADY - City Cle RENTAL AGREEMENT ARTICLE I This Rental Agreement executed in quadruplicate at San Rafael, California, is made on thisR.V-D day of Q�:�� 1976, between the CITY OF SAN RAFAEL, a municipal corporation of the State of California (hereinafter referred to as "City") and the GRACE CHURCH OF MARIN, a California non-profit corporation (hereinafter referred to as "Church") . ARTICLE II City hereby leases to Church and Church hereby hires from City, on and subject to all the terms, convenants, and conditions, exceptions and reservations, hereinafter set forth that certain building known as the San Rafael Community Center (hereinafter referred to as the "Premises"), consisting of approximately 13,450 square feet of floor space, located at 618 "B" Street, San Rafael, California. ARTICLE III The term of this Rental Agreement shall be for a period of one year, commencing at 9:00 A.M. on the 1st day of February, 1976, and ending 9:00 A. M. on the 31st day of January, 1977, during which period of time the Church shall be entitled to utilize the Premises from 9:00 A. M. to 1:00 P.M. on each and every Sunday during this one-year period of time, excepting February 29, 1976 when utilization shall be for the period 9:00 A.M. to 12:00 P.M. , and the Auditorium, consisting of approximately 4,680 square feet, on one Wednesday evening every two months from the hours of 7:00 P.M. to 9:00 P . M . ; the dates of said Wednesdays shall be agreed upon mutually between the City Manager or his designees and the Pastor of the Grace Church of Marin. The Rental Agreement may be terminated at an earlier date as herein- after more particularly provided. ARTICLE IV Church shall pay to City on the date this Rental Agreement is exe- cuted the sum of $1,800.00 which shall include the first and last month's rent, plus $200.00 non-refundable cleaning deposit, and thereafter $800.00 per month on or before the third day of each month throughout the term of this Rental Agree- ment. ARTICLE V By mutual agreement this Rental Agreement may be extended for a one-year period from February 1, 1977. Church shall notify City by December 1, 1976 of its desire to extend the option for the additional period. City shall notify Church by December 15, 1976 of its decision to extend the option. The basic monthly rental charge as of February 1, 1977 shall be $850.00. The City Manager is hereby authorized to extend this Rental Agree- ment on behalf of the City. ARTICLE VI Church shall not commit or suffer to be committed any waste on the Premises, nor shall he maintain, commit, or permit the maintenance or commission of any nuisance on the Premises, or use the Premises for any unlawful purpose. ARTICLE VII Church shall repair all deteriorations or injuries to the Premises occasioned by his want or ordinary care. ARTICLE VIII This Rental Agreement is made on the express condition that City is to be free from all liability or loss by reason of injury to person or property, from whatever cause, while in or on the Premises, or in any way connected with the Premises or with the improvements or personal property therein or there- on, including any liability for injury to the person or property of Church, his agents, officers, and employees. Church hereby convenants and agrees to, and shall, indemnify City and save him harmless from any and all liability, loss, costs, or obligations on account of, or arising out of, any such injury or losses however occurring. Church agrees to and shall at his own cost and expense procure and maintain during the entire Rental Agreement term (and any extension there- of) , comprehensive public liability insurance covering the Premises (including the parking are or including the common area of the building in which the Premises are located), and their surrounding areas, with limits of not less than $500,000.00 for injury to any one person, $1,000,000.00 for injury to two or more persons arising out of the same accident, and $100,000.00 for property damage, and specifically insuring performance by Church of his indemnity agreement set forth in the first paragraph of this Article. Such insurance shall: (1) be procurred from an insurer authorized to do business in California and either approved in writing by City or rated "triple A" or better in Bests Insurance Reports; (2) pro- vide primary and not excess coverage; (3) name City as an additional insured; - 2 - (4) waive subrogation rights, if any, which the insurer may have against City by reason of any claim, liability, loss or expense as described in the first paragraph of this Article; and (5) require that City be given at least 10 days' written notice before any such insurance can be canceled or changed with re- spect to parties, coverage, or limits of liability. Church shall, prior to commencement of the Rental Agreement term, deliver to City a copy of such policy or policies, or a certificate of insurance in the case of blanket coverage, together with satisfactory evidence that the premiums have been paid (and not less than 10 days before (each) expiration of any such insurance coverage during the Rental Agreement term (and any extensions thereof) shall deliver to City satisfactory evidence that such insurance has been renewed and that the required premium or premiums therefor have been paid) . ARTICLE IX Church shall not assign this Rental Agreement or any interest therein, and shall not sublet the Rental Agreement Premises or any part thereof, without the written consent of City, first had and obtained. ARTICLE X Either the City or Church may, at their option, terminate this Rental Agreement by giving two months' written notice. Upon the expiration of this two month's period, this Rental Agreement shall terminate and City and Church shall be relieved of all future obligations to each other, except for rental pay- ments which may have accrued and are unpaid on the date of this termination. ARTICLE XI This Rental Agreement contains the entire agreement of the parties with respect to the matters covered by this Rental Agreement, and no other agreement, statement, or promise made by any party or to any employee, officer, or agent of any party which is not contained in this Rental Agreement shall be binding or valid. ARTICLE XII If any term, convenant, condition, or provision of this Rental Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. This Rental Agreement has been executed by the parties on the day and year first above written. - 3 - CITY OF SAN RAFAEL: �— 11, �� ,4 C. P UL BETTINI , Mayor ATTEST: MARION A. GRADY, City C1C9rk GRA DAVID FLOWERS, STATE OF CALIFORNIA MA RIN: ctor COUNTY OF MARIN S ss On this 29th day of January in the year one thousand nine hundred and seventy-six, before me, Virginia H. Congdon , a Notary Public, State of California, duly commissioned and sworn, personally appeared Paul Bryant and David Flowers known to me to be the Directors of the non-profit corporation described in and that executed the within instrument on behalf of the Grace Church of Marin, and acknowledged to me that such non- profit corporation executed the same Rental Agreement. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the County of Marin the day and year in this certificate first above written. t-5515alry P lic f Cal rnia My mmis s ion Expires: ebruary 7, 1976 =s_-- t l-1!'IAL S%AL f H. C.f)[`GDOrA I` J^PJIA Expires F.1. 1, 1976 i I 14LQ i i:ll•. i..'., 1% u. box 4-r60, San Rafael, CA. 94902 - 4 -