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HomeMy WebLinkAboutResolution No. 5156r RESOLUTION NO. 5156 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE AGREEMENT WITH THE SAN RAFAEL SCHOOL DISTRICT 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 Agreement with the San Rafael School District for use of a portion of the Peacock Gap School site for community recreation purposes. A copy of said Lease Agreement 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 regular meeting of the City Council of said City held on Monday the 2nd day of August 1976, by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan �.. w MARION A. GRADY, City Clerk-/ LEASE AGREEMENT This Agreement, made and entered into this 4th day of August , 1976, by and between the San Rafael School District of Marin County, herinafter referred to as "District, " and the City of San Rafael, a municipal corporation hereinafter referred to as "City. " WITNESSETH: WHEREAS, District is the owner of certain property commonly known as Peacock Gap School Site in San Rafael, California; and Site; and WHEREAS, It is the desire of the City to lease from District said School WHEREAS, it is the mutual interests of the parties hereto to make certain improvements for community recreation purposes at the Peacock Gap School Site, hereinafter referred to as "School Site"; and WHEREAS, the Peacock Gap Homeowners Association has offered to provide financial assistance to the City for the cost of such improvements; NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties do hereby agree as follows: DISTRICT agrees to: 1. Grant to the City access to and use of the School Site for the purpose of installing certain recreation improvements. Improvements to the School Site may include improving the existing ball field and develop- ing a children's play area with appurtenant equipment. CITY agrees to: 1. Assume the responsibility for the planning and construction of the said improvements to the School Site. 2. Plan the improvements to be made and coordinate with the District, Peacock Gap Homeowners Association and the San Rafael Little League organization in the construction of the same. 3. Be responsible for maintaining the School Site and improvements in a condition satisfactory for community recreation and park purposes. COPY 4. Submit all plans for construction and improvements, or modifica- tion of construction on improvements, to the District for approval. Construction shall not commence without District approval. It shall be the responsibility of City to comply with all applicable laws, rules and regulations and to obtain all necessary permits for the intended improvements and/or activities on the Site. 5. Make the use of the site and/or improvements available to all San Rafael Elementary School District residents. 6. Indemnify, defend and hold the District, its officers, agents, ser- vants and employees while acting as such, free and harmless from any liability from any obligations because of injury to property or injury or death of persons received or suffered by reason of any actions of the City under the provisions of this Lease or any sched- ules, leases or agreements prepared pursuant thereto. IT IS FURTHER AGREED: 1. For a period commencing August 4 1976 through August 4 , 1996, District does hereby lease to City for its use the property upon which the improvements hereinabove described are located. As considera- tion for the rental and use of District property during the term of this lease, City will pay District the sum of One Dollar ($1. 00) per year. 2. This lease may be terminated by the mutual consent of the parties hereto and may be cancelled by either party upon one (1) year's notice. 3. In case of termination at the request of the District, District shall reimburse City for the cost of improvements, if one of the following applies: (a) The District uses the site for regular school educational purposes within the first ten (10) years of the Lease, the District will reimburse the City 10% of the City's construction costs for each year remaining of the ten (10) years. If the District uses the site for school educational purposes after ten (10) years of leasing, the improvements shall become the property of the District without compensation. (b) The District sells the property during the twenty (20) year term of the Lease, the District will reimburse the City 5% of the City's construction cost for each year remaining of the Lease. 4. In case of termination at the request of the City, all improvements shall be- come the property of the District without payment or obligation to or from the City. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the day and year first above written. ( continued) ATTEST: Marion A. Grady, City Cle c r bfiFIIRY. A. QlAINICK,City ATTEST: I - Assistant Superintendent APPROVED AS TO FORM F - y �•,1f96��+' R. V. God no, Counsel for District CITY OF SAN RAFAEL By: .� G Mayor SAN RAFAEL SCHOOL DISTRICT