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HomeMy WebLinkAboutCC Resolution 11212 (Child Care Building Lease Agreements)RESOLUTION NO. 11212 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO ENTER INTO LEASE RENEWAL AGREEMENTS FOR TWO RELOCATABLE CHILD CARE BUILDINGS BETWEEN THE CITY OF SAN RAFAEL AND STATE ALLOCATION BOARD AND AUTHORIZING THE CITY MANAGER TO SIGN SAID LEASE AGREEMENTS. WHEREAS, the State Allocation Board has approved two lease renewal agreements with the City for relocatable child care buildings at Pickleweed Park and Glenwood Elementary School at a rate of one dollar per year per building for a term commencing on September 1, 2002 and terminating on August 31, 2007; and WHEREAS, the City Council finds that the entry into these two lease renewal agreements is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael authorizes the City Manager to execute the two lease renewal agreements for relocatable child care buildings at Pickleweed Park and Glenwood Elementary School, in the form attached hereto as Exhibits "A" and "B". I, JEANNE M. LEONCINI, 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 Council of said City on Monday, the 16th day of December, 2002, by the following vote, to wit: AYES: COUNCILMEMBERS : Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEMBERS : None �w � JENE A`PVM. LEONCINI, City Clerk U R1 SAL �,��� LATCHKEY PROGRAM LEASE RENEWAL LEASE AGREEMENT FOR RELOCATABLE CHILD CARE BUILDING BETWEEN THE STATE ALLOCATION BOARD AND CITY OF SAN RAFAEL of MARIN COUNTY PURSUANT TO TITLE 1, DIVISION 1, PART 6, CHAPTER 2, ARTICLE 12, SECTION 8277.7 OF THE EDUCATION CODE This lease agreement, is made and entered into this first day of September, 2002, by and between the State Allocation Board, State of California, hereinafter referred to as "Lessor," and CITY OF SAN RAFAEL hereinafter referred to as "Lessee." 1. DESCRIPTION In consideration of the mutual covenants and agreements herein contained, the Lessor does hereby demise and lease to Lessee one relocatable building to be placed on the site described in Item 3, hereinafter collectively referred to as "the Relocatable." In addition, for the purposes of this agreement, the term "the Relocatable" shall be deemed to include not only such relocatable set forth above, but also any auxiliary facilities installed by Lessor, which would normally be moved with said relocatable for reinstallation upon other premises. 2. TERM This lease shall commence on September 1, 2002 or as soon thereafter as the Lessor actually installs the relocatable on the premises, as described in Item 3 below and shall terminate five years later on August 31, 2007. A new lease may then be made on the first day of September 2007. 3. RENT The rent for the above term shall be $1.00 per year, per relocatable building. Payments are to be made upon execution or renewal of each lease. The relocatable shall be delivered and installed at: PICKLEWEED PARK 50 CANAL ST. SAN RAFAEL, CA 94901 Lessor agrees to engage architects and contractors at Lessor's expense to perform the site development, subject to the terms of the budget therefore approved by the State Allocation Board . The site development to be provided will include grade requirements, foundation requirements, installation of services (electrical, water, sewer, telephone), asphalt paving, sidewalks, and chain link fencing as required for site enclosure. Project Identification Application Number: 13/21/0202 Building Type: A Building Identification Number: 13074 Replacement Cost: $36,000 4. OCCUPANCY Upon completed installation of the relocatable child care facility, Lessee agrees to put the relocatable into effective operation during the term of this lease, as specified under Item 2, Page 1, and to utilize it solely for the specified purpose during such period. Failure of Lessee to use the relocatable during the term or any portion of this lease shall not relieve Lessee from payment of any obligations assumed herein. Access to the site, for both delivery and eventual removal, shall be in such a condition as to be free from unusual obstruction. 5. UTILITIES Lessee, at its own expense, will furnish light, heat, telephone, custodial, and maintenance service to the units leased during the entire lease period and any period extending beyond such lease, pursuant to this agreement. 6. ALTERATIONS Lessee agrees to make no alterations to the relocatable without the written consent of the Lessor. 7. MOVES The Lessor shall cause to be delivered to the Lessee a relocatable in well-maintained or renewed condition, and in good working order. After such relocatable is delivered and while the relocatable is on the premises of Lessee, Lessee shall be responsible for and pay for all charges for upkeep, maintenance, repair, renewal, replacement, and repainting, and supply and pay for all parts and accessories needed to keep the relocatable in well-maintained or renewed condition, and in good working order (whether or not the necessity for any of the foregoing expenses is occasioned in whole or in part by previous use), provided Lessee shall be exonerated from any expense under the foregoing sentence to the extent of any casualty, or loss to the relocatable covered by insurance for which the State receives recompense. Lessee shall not move any buildings pursuant to this agreement to any other premises or to any other portion of the premises on which they are stationed at the commencement of the lease, without the written consent of the Lessor, subject to any conditions imposed by Lessor in connection therewith. Upon removal by Lessor of the relocatable, Lessor shall have no obligation, to restore any portion of the premises, or to remove any foundations, which are not relocatable and would not normally ue removed for the purposes of reinstallation upon another site. 8. SUBLEASING Lessee shall not have authority to sublease any of the relocatable, or assign any rights under this lease agreement. In the event it does so, Lessor's obligations under this instrument shall cease at the Lessor's option, and in either case, the Lessee shall not be relieved of any obligation by virtue of said sublease. 9. INSURANCE Lessee will keep the relocatable insured at its own expense for liability insurance, with Lessor listed as "additional insured." Liability insurance shall be in the amount of at least $1,000,000.00. Lessee will also keep the relocatable insured at its own expense, with Lessor listed as "loss payee," for fire and lightning with extended coverage, and vandalism and malicious mischief, for the full insurable value of the relocatable during the term of this lease, and thereafter as subsequently provided in this instrument. For the purpose of determining its insurable value, it is acknowledged that the replacement cost of the relocatable building and equipment will be: As shown under Item 3, Page 2. In the event of loss or damage Lessor has the option of using the proceeds from any insurance or other monies available, to replace or restore the relocatable if destroyed, or to cancel the lease and retain such proceeds. Lessee shall promptly furnish Lessor with a certification from the insuring agent that insurance policies have been attained pursuant to this agreement, and that the policies shall not be cancelled or materially changed without at least thirty days prior written notice to Lessor. The certification will show the name and address of the insurance company and the policy number(s). This lease shall not become effective until such certification is received by the Lessor. 10. INDEMNIFICATION Lessee agrees to indemnify, defend, and hold Lessor harmless from any and all claims by the Lessee or third parties for damages because of injury to person(s), or by virtue of the condition or maintenance of the reldcatable while on the premises of the Lessee, and to furnish insurance coverage for this purpose in the amount of at least $1,000,000.00. In the event of any loss or casualty affecting the relocatable after it has been installed upon the premises of Lessee which prevents the use of the relocatable during a portion of this lease, the Executive Officer shall have authority to decrease such rental due under this lease agreement, or to give Lessee a credit therefore in connection with any future leasing under this article, as deemed appropriate. 11. TERMINATION Upon termination of this lease, Lessor agrees to remove the relocatable classroom from the premises at Lessor's expense. Lessor shall be allowed to leave the relocatable on Lessee's premises until such time as Lessor deems it advisable to remove the relocatable for the purposes of another lease. In such case Lessee may continue to use the relocatable as school buildings for which they were designed, during any portion or portions of the period said relocatable remains on Lessee's site. Until Lessor terminates such use privilege in writing, Lessee shall pay Lessor rent for such continued use at the applicable annual rate (prorating such rental for any use during a portion of a calendar month). Lessee shall pay such additional rent in arrears, within thirty (30) days after the close of any calendar month for any such continued use during the preceding calendar month. In the event Lessor elects to leave the relocatable on the premises, irrespective of such use, Lessee shall be charged with the same degree of care thereof, and shall be charged with the obligation to keep the relocatable insured, as stated above, at its own expense, for one year following the expiration of the term of the lease specified above, unless it continues to use the relocatable subsequent to such one year period, in which case it shall continue to make annual payments and to insure the relocatable as specified herein, at its own expense during the period of such continued use. At the time Lessor removes the relocatable from the aforesaid premises, Lessee shall advise Lessor in writing as to any use of the relocatable after the term of the lease pursuant to this paragraph. Lessee agrees that upon termination or expiration of the lease, the relocatable shall be in well-maintained or renewed condition, including repair, renewal, replacement, and repainting of the building and its components and auxiliary facilities as determined by the Lessor upon a concluding inspection. In the event the relocatable is not in such well- maintained or renewed condition, Lessee will be responsible for repairing, renewing, replacing, repainting and/or refurbishing the relocatable to such condition, or at the option of the Lessor, the Lessee agrees to reimburse the Lessor for the costs incurred in restoring the relocatable to such condition. 12. CERTIFICATION Lessee, in signing this agreement, does hereby certify that it: a. Owned the site as described in Item 3 and agrees to use said site for the purposes of this agreement, without charge to Lessor during the term of this agreement, or; b. Is in possession of a lease from the owner of the site as described in Item 3 (attach a copy of said site lease when returning the signed relocatable building lease). Such lease shall provide for at least a year-to-year usage with automatic extension options for a period of five years. Such lease shall also contain a provision recognizing State ownership of the relocatable buildings covered by this agreement, and the right of the State to remove the buildings from the site upon termination or abrogation of the agreement, and; C. Lessee does hereby certify that, when applicable, it is duly licensed to provide childcare services and that it will provide Lessor with a copy of such license. In addition, Lessee also certifies that it still has a need for the building(s) to provide child care services pursuant to this agreement, and that all health and safety requirements are met. 13. CONDITIONS If at any time the State Allocation Board determines that the Lessee's need has ceased for particular relocatable classrooms which were made available by the State, the Board may take possession of the relocatables and may lease them to other eligible districts or county superintendents of schools, or if there is no longer a need for any relocatable classrooms, the Board may dispose of them to public or private parties in any manner that it deems to be in the best interests of the State. Lessor does not assume liability for any expense not expressly provided for in this lease agreement. This lease may be changed or altered only in writing and as agreed between the parties hereto. In witness whereof, the parties subscribing hereto have caused this instrument to be executed effective on the day and year first above -written. For CITY OF SAN RAFAEL ROD GOULD, City Manager CITY OF SAN RAFAEL Date: December 16, 2002 ATTEST: X 2. 8tANNE M. LE CINI, City Clerk STATE ALLOCATION BOARD, State of California LUIA M. PARK, Executive Officer Office of Public School Construction Date: /-30-D3 LATCHKEY PROGRAM LEASE RENEWAL LEASE AGREEMENT FOR RELOCATABLE CHILD CARE BUILDING BETWEEN THE STATE ALLOCATION BOARD AND CITY OF SAN RAFAEL of MARIN COUNTY PURSUANT TO TITLE 1, DIVISION 1, PART 6, CHAPTER 2, ARTICLE 12, SECTION 8277.7 OF THE EDUCATION CODE This lease agreement, is made and entered into this first day of September, 2002, by and between the State Allocation Board, State of California, hereinafter referred to as "Lessor," and CITY OF SAN RAFAEL hereinafter referred to as "Lessee." 1. DESCRIPTION In consideration of the mutual covenants and agreements herein contained, the Lessor does hereby demise and lease to Lessee one relocatable building to be placed on the site described in Item 3, hereinafter collectively referred to as "the Relocatable." In addition, for the purposes of this agreement, the term "the Relocatable" shall be deemed to include not only such relocatable set forth above, but also any auxiliary facilities installed by Lessor, which would normally be moved with said relocatable for reinstallation upon other premises. 2. TERM This lease shall commence on September 1, 2002 or as soon thereafter as the Lessor actually installs the relocatable on the premises, as described in Item 3 below and shall terminate five years later on August 31, 2007. A new lease may then be made on the first day of September 2007. 3. RENT The rent for the above term shall be $1.00 per year, per relocatable building. Payments are to be made upon execution or renewal of each lease. The relocatable shall be delivered and installed at: GLENWOOD ELEMENTARY 25 CASTLEWOOD DR. SAN RAFAEL, CA 94901 Lessor agrees to engage architects and contractors at Lessor's expense to perform the site development, subject to the terms of the budget therefore approved by the State Allocation Board . The site development to be provided will include grade requirements, foundation requirements, installation of services (electrical, water, sewer, telephone), asphalt paving, sidewalks, and chain link fencing as required for site enclosure. Project Identification Application Number: 13/21/0201 Building Type: A Building Identification Number: 13073 Replacement Cost: $36,000 4. OCCUPANCY Upon completed installation of the relocatable child care facility, Lessee agrees to put the relocatable into effective operation during the term of this lease, as specified under Item 2, Page 1, and to utilize it solely for the specified purpose during such period. Failure of Lessee to use the relocatable during the term or any portion of this lease shall not relieve Lessee from payment of any obligations assumed herein. Access to the site, for both delivery and eventual removal, shall be in such a condition as to be free from unusual obstruction. 5. UTILITIES Lessee, at its own expense, will furnish light, heat, telephone, custodial, and maintenance service to the units leased during the entire lease period and any period extending beyond such lease, pursuant to this agreement. 6. ALTERATIONS Lessee agrees to make no alterations to the relocatable without the written consent of the Lessor. 7. MOVES The Lessor shall cause to be delivered to the Lessee a relocatable in well-maintained or renewed condition, and in good working order. After such relocatable is delivered and while the relocatable is on the premises of Lessee, Lessee shall be responsible for and pay for all charges for upkeep, maintenance, repair, renewal, replacement, and repainting, and supply and pay'for all parts and accessories needed to keep the relocatable in well-maintained or renewed condition, and in good working order (whether or not the necessity for any of the foregoing expenses is occasioned in whole or in part by previous use), provided Lessee shall be exonerated from any expense under the foregoing sentence to the extent of any casualty, or loss to the relocatable covered by insurance for which the State receives recompense. Lessee shall not move any buildings pursuant to this agreement to any other premises or to any other portion of the premises on which they are stationed at the commencement of the lease, without the written consent of the Lessor, subject to any conditions imposed by Lessor in connection therewith. Upon removal by Lessor of the relocatable, Lessor shall have no obligation, to restore any portion of the premises, or to remove any foundations, which are not relocatable and would not normally be removed for the purposes of reinstallation upon another site. 8. SUBLEASING Lessee shall not have authority to sublease any of the relocatable, or assign any rights under this lease agreement. In the event it does so, Lessor's obligations under this instrument shall cease at the Lessor's option, and in either case, the Lessee shall not be relieved of any obligation by virtue of said sublease. 9. INSURANCE Lessee will keep the relocatable insured at its own expense for liability insurance, with Lessor listed as "additional insured." Liability insurance shall be in the amount of at least $1,000,000.00. Lessee will also keep the relocatable insured at its own expense, with Lessor listed as "loss payee," for fire and lightning with extended coverage, and vandalism and malicious mischief, for the full insurable value of the relocatable during the term of this lease, and thereafter as subsequently provided in this instrument. For the purpose of determining its insurable value, it is acknowledged that the replacement cost of the relocatable building and equipment will be: As shown under Item 3, Page 2. In the event of loss or damage Lessor has the option of using the proceeds from any insurance or other monies available, to replace or restore the relocatable if destroyed, or to cancel the lease and retain such proceeds. Lessee shall promptly furnish Lessor with a certification from the insuring agent that insurance policies have been attained pursuant to this agreement, and that the policies shall not be cancelled or materially changed without at least thirty days prior written notice to Lessor. The certification will show the name and address of the insurance company and the policy number(s). This lease shall not become effective until such certification is received by the Lessor. 10. INDEMNIFICATION Lessee agrees to indemnify, defend, and hold Lessor harmless from any and all claims by the Lessee or third parties for damages because of injury to person(s), or by virtue of the condition or maintenance of the reldcatable while on the premises of the Lessee, and to furnish insurance coverage for this purpose in the amount of at least $1,000,000.00. In the event of any loss or casualty affecting the relocatable after it has been installed upon the premises of Lessee which prevents the use of the relocatable during a portion of this lease, the Executive Officer shall have authority to decrease such rental due under this lease agreement, or to give Lessee a credit therefore in connection with any future leasing under this article, as deemed appropriate. 11. TERMINATION Upon termination of this lease, Lessor agrees to remove the relocatable classroom from the premises at Lessor's expense. Lessor shall be allowed to leave the relocatable on Lessee's premises until such time as Lessor deems it advisable to remove the relocatable for the purposes of another lease. In such case Lessee may continue to use the relocatable as school buildings for which they were designed, during any portion or portions of the period said relocatable remains on Lessee's site. Until Lessor terminates such use privilege in writing, Lessee shall pay Lessor rent for such continued use at the applicable annual rate (prorating such rental for any use during a portion of a calendar month). Lessee shall pay such additional rent in arrears, within thirty (30) days after the close of any calendar month for any such continued use during the preceding calendar month. In the event Lessor elects to leave the relocatable on the premises, irrespective of such use, Lessee shall be charged with the same degree of care thereof, and shall be charged with the obligation to keep the relocatable insured, as stated above, at its own expense, for one year following the expiration of the term of the lease specified above, unless it continues to use the relocatable subsequent to such one year period, in which case it shall continue to make annual payments and to insure the relocatable as specified herein, at its own expense during the period of such continued use. At the time Lessor removes the relocatable from the aforesaid premises, Lessee shall advise Lessor in writing as to any use of the relocatable after the term of the lease pursuant to this paragraph. Lessee agrees that upon termination or expiration of the lease, the relocatable shall be in well-maintained or renewed condition, including repair, renewal, replacement, and repainting of the building and its components and auxiliary facilities as determined by the Lessor upon a concluding inspection. In the event the relocatable is not in such well- maintained or renewed condition, Lessee will be responsible for repairing, renewing, replacing, repainting and/or refurbishing the relocatable to such condition, or at the option of the Lessor, the Lessee agrees to reimburse the Lessor for the costs incurred in restoring the relocatable to such condition. 12. CERTIFICATION Lessee, in signing this agreement, does hereby certify that it: a. Owned the site as described in Item 3 and agrees to use said site for the purposes of this agreement, without charge to Lessor during the term of this agreement, or; b. Is in possession of a lease from the owner of the site as described in Item 3 (attach a copy of said site lease when returning the signed relocatable building lease). Such lease shall provide for at least a year-to-year usage with automatic extension options for a period of five years. Such lease shall also contain a provision recognizing State ownership of the relocatable buildings covered by this agreement, and the right of the State to remove the buildings from the site upon termination or abrogation of the agreement, and; c. Lessee does hereby certify that, when applicable, it is duly licensed to provide childcare services and that it will provide Lessor with a copy of such license. In addition, Lessee also certifies that it still has a need for the building(s) to provide child care services pursuant to this agreement, and that all health and safety requirements are met. 13. CONDITIONS If at any time the State Allocation Board determines that the Lessee's need has ceased for particular relocatable classrooms which were made available by the State, the Board may take possession of the relocatables and may lease them to other eligible districts or county superintendents of schools, or if there is no longer a need for any relocatable classrooms, the Board may dispose of them to public or private parties in any manner that it deems to be in the best interests of the State. Lessor does not assume liability for any expense not expressly provided for in this lease agreement. This lease may be changed or altered only in writing and as agreed between the parties hereto. In witness whereof, the parties subscribing hereto have caused this instrument to be executed effective on the day and year first above -written. For CITY OF SAN RAFAEL ROD GOULD, City Manager CITY OF SAN RAFAEL Date: December 16, 2002 ATTEST: � . �. LEO INI, City Clerk r STATE ALLOCATION BOARD, State of California �&_ EDI.. . 4. LU9A M. PARK, Executive Officer Office of Public School Construction Date: