HomeMy WebLinkAboutResolution No. 5165RESOLUTION N0. 5165
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 Rental of Facilities at Sa
Marqarita School
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 regular meeting of the City Council of said
City held on
Monday
the 16th day of August
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 Clerk
1AL
L E A S E
THIS LEASE, made and entered into this
day of
1976, by and between the DIXIE SCHOOL DISTRICT,
hereinafter referred to as "Lessor", and the CITY OF SAN RAFAEL, here-
inafter referred to as "Lessee",
W I T N E S S E T H:
WHEREAS, Lessor is the owner of certain real property known as
the Santa Margarita School, a portion of which is not needed for school
classroom purposes; and,
WHEREAS, the Lessee is in need of facilities for use as a child-
care center pursuant to Education Code Sections 16554.5; and,
WHEREAS, pursuant to Education Code Sections 16554.5, a school
district may permit the use of its facilities by nursery groups or
another governmental agency on a non-discriminatory basis when such
use does not reasonably impair or interfere with the right of the public
to use the facility; and,
WHEREAS, the use of said portion of the Santa Margarita School by
Lessee would not interfere with school district use of the premises; and,
WHEREAS, it is greatly to the benefit of the citizens of San Rafael
and the surrounding area that the portions of Santa Margarita School not
needed for school purposes be utilized for these purposes.
NOW THEREFORE, IT IS MUTUALLY AGREED as follows:
1. In consideration of the covenants and conditions herein con-
tained, Lessor leases that portion of Santa Margarita School site described
as follows:
Kindergarten Room: Leased together with lavatory facilities, for the period
of August 1, 1976 to June 30, 1977. Rental shall be $50.00 per month
($600.00 per year), payable to the Dixie School District prior to
June 30, 1977.
2. This property shall be used by Lessee solely for the pur-
pose of maintaining and operating a child-care center in accord with
Education Code Sections 16554.5.
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 maintenance 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 sixty (60) days'
written notice if Lessor hereafter determines that it has a need to
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re-employ the premises for the purpose of classroom instruction, and/or
to renovate or reconstruct the existing building for such purpose.
(b) By Lessor, upon the giving of thirty (30) days' written
notice, should problems arise of such severity that Lessor, in its
discretion, determines the continued use of the premises by Lessee is
not in the best interest 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. Upon termination of first year's lease, Lessee may have first
right of renewal of lease for the next year, for the same fee or a fee
mutually agreed upon by both parties.
10. 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:
Clerk
ATTEST:
MARION A. GRADY, City Clerk
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DIXIE SCHOOL DISTRICT
By
Chairperson of the Board
of Trustees
CITY OF SAN RAFAEL
By
C. PAUL BETTINI, Mayor