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CD 1200 4th Street Short-term LeaseDocuSign Envelope ID: D586E4FE-4276- 3-A88A-3A57AOA9356E SHORT TERM LEASE This agreement is between the City of San Rafael (Tenant) and 1200 4th Street, LLC (Landlord) for use of the property located at 1200 4th Street in San Rafael, California for a term beginning 12:00pm on Wed May 8, 2019 and ending at 12:00 p.m. on Saturday, May 11, 2019. The parties agree that the fair market value of the property for the period is $ 1,000 but that use of the property is being donated, and no rent shall be charged. The property shall be used only for a design charette for the Downtown Precise Plan. The facility will be used for various periods during the days/hours listed above. The charrette will be an open studio planning session where citizens, designers and others collaborate on a vision for development and will provide a forum for ideas expressed by the public to be graphically illustrated by the designers and then show back to the public for immediate feedback. The team of design experts/consultants are under contract to the City of San Rafael. There will be 2-6 designers on hand at any time during hours listed above and will set up a pop up design studio office, complete with drafting equipment, supplies, computers. Walls of the interior of the space will be used for displaying graphics with painters tape. There will be chairs and tables for public to participate in the charette. Formal and informal meetings will be held throughout the event and updates to the plan will be presented to the public periodically Tenant agrees that it will leave the property broom clean with no garbage or debris, and will immediately and at its sole expense repair any damage caused as a result of its use. Landlord will not be liable for any damage or injury to Tenant, or any other person, or to any property, occurring on the premises unless such damage is the legal result of the gross negligence or willful misconduct of Landlord, its agents or employees. Tenant agrees to hold Landlord harmless from any claims for damages, no matter how caused, except for injury or damages caused by gross negligence or willful misconduct of Landlord. Tenant represents that it is self-insured and shall, before commencement of this lease, provide Landlord with a evidence satisfactory to Landlord it will cover Landlord up to $2,000,000 for any occurrence(s) during the term of its use. Tenant: City of San Rafael By: N( Date: �� J ✓ / 1 Landlord: 12004 Ih Street, LLC FOWW uSlgned by: By: [ Date: �'- 4/26/2019 Edwar C en, Manager DocuSign Envelope ID: D586E4FE-4276-49D9-A88A-3A57. .1356E RAFq�! a 2 y0 C'rYWITH p.�`h By Email: dbrinckna Pacbell.net 12004 th Street, LLC Attention: Edward Chen, Manager c/o Dirck Brinckerhoff, Broker Office of the City Attorney Robert F Epstein, City Attorney Lisa A. Goldfien, Assistant City Attorney Lauren M. Monson, Deputy City Attorney II Phone: (415) 485-3080 Fax: (415) 485-3109 Email: city.attorney@cityofsanrafael.org April 9, 2019 Re: City of San Rafael Self -Insurance Design Charrette — Downtown Precise Plan 5/8/19 to 5/11/19 Dear Mr. Chen: The City of San Rafael, as permitted under State law, is self-insured for general liability, including automobile liability, for the first $500,000. Accordingly, the City does not have a commercially issued general liability insurance policy. Additional insurance for the coverage required by the Short Term Lease agreement is provided by a public entity excess liability pool in which the City participates. The pool, the California Joint Powers Risk Management Authority (CJPRMA) provides the City's coverage in excess of $500,000 under a Memorandum of Coverage. Enclosed is a Certificate of Coverage as required by 1200 4th Street, LLC in connection with the Design Charrette for the Downtown Precise Plan. Because it is a local governmental agency existing in the State of California and because it is entitled to self -insure under the Government Code, the City assumes that this letter will satisfy the insurance requirements of the Short Term Lease between the City of San Rafael and 1200 4th Street, LLC. Please call the City Attorney's Office at 415-485-3080 should you have any questions regarding insurance. Very truly yours, Lo-, J-�4� LISA A. GOLDFIEN Assistant City Attorney Enclosure cc: Raffi Boloyan, Planning Manager Gary O. Phillips, Mayor • Andrew Cuyugan McCullough Vice Mayor • Maribeth Bushey Councilmember • Kate Colin, Councilmember • John Gambiin Councilmember DocuSign Envelope ID: D586E4FE-4276 3-A88A-3A57A0A9356E CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY ' CERTIFICATE OF COVERAGE CERTIFICATE HOLDER: 1200 4th Street, LLC THIS CERTIFIES THAT THE COVERAGE Cit of San Rafael DESCRIBED HEREIN HAS BEEN ISSUED TO: Y DESCRIPTION OF ACTIVITY: Design Charrette for the Downtown Precise Plan. DATE(S) OF ACTIVITY: 12 Noon 5/8/19 through 12 Noon 5/11/19 LOCATION OF ACTIVITY. 1200 4th Street, San Rafael, CA 94901 ENTITY PROVIDING COVERAGE COVERAGE LIMITS CERTIFICATE EXPIRATION DATE City of San Rafael $ 500,000 Continuous California Joint Powers Risk Management $1,500,000 May 12 2019 ' Authority excess of $500,000 The following coverage is in effect and is provided through participation in a risk sharing joint powers authority: comprehensive general and automobile liability as defined in the Memorandum of Coverage on file with the entity and which will be made available upon request. The coverage being provided is subject to all the terms, conditions and exclusions of the Memorandum of Coverage of the California Joint Powers Risk Management Authority. Coverage is in effect at this time and will not be cancelled, limited or allowed to expire at a date other than that indicated herein except upon 30 days written notice to the certificate holder. April 9, 2019 DATE (10'1- AUTHORIZ9 SIGNATURE Lisa A. Goldfien, Assistant City Attorney NAME AND TITLE (print or type) THIS CERTIFICATE DOES NOT PROVIDE COVERAGE TO THE CERTIFICATE HOLDER Form A Revised: 0112013 3201 Doolan Road, • Suite 285 • Livermore, CA 94551 • (925) 837-0667 • FAX (925) 290-1543 hP,� RAFq�I �1 O Tr WITH P t� CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Community Development Project Manager: Raffi Boloyan Extension: x3095 Contractor Name: 1200 4th St, LLC, Edward Chen, manager Contractor's Contact: Dirck Brinckerhoff, broker ❑ FPPC: Check if Contractor/Consultant must file Form 700 Contact's Email: dbrinck@pacbell.net Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor N/a b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org N/a 2 City Attorney a. Review, revise, and comment on draft agreement ('I ie . h ° _o to and return to Project Manager c y�11 cj��f. b. Confirm insurance requirements, create Job on ��'li �C1, it, rp1c� PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to Click or lap ❑ contractor Io enter a date. 4 Project Manager Forward three (3) originals of final agreement to Click here -to ❑ contractor for their signature enter a date. 5 Project Manager When necessary, contractor -signed agreement ® N/A agendized for City Council approval * *City Council approval required for Professional Services (l i Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form Review and approve hard copy of signed 7 City Attorney agreement 8 City Attorney Review and approve insurance in PINS, and bonds / (for Public Works Contracts) ( 9 City Manager/ Mayor Agreement executed by City Council authorized official T 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager I�� /A)