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HomeMy WebLinkAboutCC Resolution 9902 (Fire Station 3 Rental Agr)RESOLUTION NO. 9 9 0 2 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A RENTAL AGREEMENT FOR FIRE STATION 3 WITH REDWOOD EMPIRE LIFE SUPPORT AMBULANCE SERVICE THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: That the CITY MANAGER is authorized to execute on behalf of the City of San Rafael a Rental Agreement with REDWOOD EMPIRE LIFE SUPPORT AMBULANCE SERVICE; term of the rental agreement is on anynth to month basis to commence June 1, 1997, a copy of which is hereby attache"yy Ns reference made a part hereof. 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 City Council of said City held on the 18th day of August, 1997 by the following vote to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips & Vice -Mayor Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro JE k;rIL4EONC , City Clerk RENTAL AGREEMENT This Rental Agreement is made on June 1, 1997, between the CITY OF SAN RAFAEL ("Landlord"), a Charter City organized and existing under the laws of the State of California and REDWOOD EMPIRE LIFE SUPPORT AMBULANCE SERVICE ("Tenant"), a corporation, partnership, who agree as follows: DESCRIPTION OF PREMISES Landlord rents to Tenant and Tenant rents from Landlord the premises commonly known as Fire Station #3, located at 30 Joseph Court, San Rafael, as is more particularly shown on Exhibit "A", attached hereto. 2. TERM The term of this lease shall commence on June 1, 1997, and shall be for a periodic tenancy, month-to-month. 3. RENT Tenant shall pay to Landlord as monthly rent, without deduction, setoff, prior notice, or demand, the sum of $1,000 per month in advance on the first day of each month, commencing on the date the term commences, and continuing during the term of this Agreement. 4. UTILITIES Tenant agrees to pay any and all charges for electricity, gas, heat, cooling, telephone, television cable, sewer use, water, refuse collection and any other utilities used in the premises. 5. LATE CHARGES If any installment of rent or any other sum due from Tenant is not received by Landlord within five (5) days after such amount is due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. 6. USE OF PREMISES: OPERATIONS Tenant will use the premises for the purpose of operation of an ambulance service. Tenant shall not use nor permit the use of the whole or any part of the premises for any other purpose without the Landlord's prior written consent. COPY 7. TAXES AND ASSESSMENTS Tenant shall pay any applicable taxes on its personal property, fixtures and on its leasehold or possessory interest in the leased premises and any other assessment which may be lawfully levied. 8. MAINTENANCE AND REPAIR Tenant shall maintain the premises in a safe and sanitary condition and in good repair and shall comply with all State and local laws requiring the maintenance of buildings. Tenant shall not cause any waste on, or permit any nuisances to exist on the premises. If damage to the building, other than ordinary wear and tear, is caused by the acts or negligence of Tenant or of Tenant's employees, invitees, guests or others under Tenant's control, Tenant shall be responsible for any and all such repairs. Tenant shall advise Landlord immediately of such conditions and Landlord, at its option, shall either allow Tenant to effect such repairs or shall cause to accomplish said repairs itself at the expense of Tenant. Landlord shall be responsible for the structural maintenance of the building and such structural repairs to the building as are necessitated by ordinary wear and tear. 9. IMPROVEMENTS Tenant shall not erect any structures nor make nor cause to be made any alterations, improvements, additions, or fixtures that affect the premises with the exception of painting the interior of the building white without the express written consent of Landlord. 10. INDEMNIFICATION Tenant shall indemnify, defend and hold Landlord, its officers, agents, volunteers and employees harmless from: (1) all claims of liability for any damage to property or injury or death to any person occurring in, on, or about the premises; (2) all claims of liability arising out of Tenant's failure to perform any provision of this Rental Agreement, or any act or omission by Tenant, its agents, contractors, invitees or employees; and (3) all damages, liability, fines, penalties, and any other consequences arising from any noncompliance or violation of any laws, ordinances, codes, or regulations, including but not limited to the Occupational Safety and Health Act of 1979 and the Americans with Disabilities Act of 1990. Except, however, that Landlord shall hold Tenant harmless from all claims of liability for damage resulting solely from the acts or omissions of Landlord. 11. INSURANCE A. Tenant at its sole cost shall maintain broad -form comprehensive public liability, and property damage insurance with a single combined liability limit of $1,000,000 and property damage limits of not less than $500,000 insuring against all liability of Tenant and its authorized representatives arising out of and in connection with Tenant's use or occupancy of the premises, including but not limited to, bodily injury, death however occurring or caused. All such insurance shall insure performance by Tenant of the preceding indemnity provisions. All insurance shall name the City of San Rafael, its officers, agents, volunteers and employees as additional named 2 insureds and shall provide primary coverage with respect to the City. Endorsements naming City shall be provided to Tenant within ten (10) days after commencement of the Rental Agreement return. B. If the insurance referred to above is written on a Claims Made Form, then following termination of this Rental Agreement, coverage shall survive for a period of not less than five (5) years. Coverage shall also provide for a retroactive date of placement coinciding with the effective date of this Rental Agreement. C. Tenant at its sole cost shall maintain on all its personal property, Tenant's improvements, and alterations, in, on, or about the premises, a policy of standard fire and extended coverage insurance, with extended coverage hazards, vandalism and malicious mischief endorsements. This coverage shall be considered primary, and the proceeds from any such policy shall be used by Tenant for the replacement of personal property or the restoration of Tenant's improvements or alterations. D. If Tenant employs any person, it shall carry workers' compensation and employer's liability insurance and shall provide a certificate of insurance to the Landlord. The workers' compensation insurance shall: provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and conditions of said insurance except upon thirty (30) days prior written notice to the Landlord; provide for a waiver of any right of subrogation against Landlord to the extent permitted by law; and be approved as to form and sufficiency by the Landlord's Risk Manager. E. Tenant shall forward all insurance documents to Robert Marcucci, San Rafael Fire Chief, P.O. Box 151560, San Rafael, CA 94915-1560. 12. COMPLIANCE WITH LAW AND SAFETY Tenant shall observe and comply with all applicable laws, ordinances, codes and regulations of all governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the Tenant's activities. All Tenant's activities must be in accordance with these laws, ordinances, codes, and regulations. Tenant shall hold harmless, defend and indemnify Landlord from any and all claims, actions, loss, damage, costs and expenses (including attorneys fees) arising out of Tenant's failure to comply with such laws and regulations. 13. NON-DISCRIMINATION The Tenant agrees not to, and shall not discriminate against any person because of race, color, religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability, or involuntary federal, state of local laws and regulations. 14. DEFAULT BY TENANT The occurrence of any of the following shall constitute a default by Tenant: A. Failure to pay rent -when due, if the failure continues for ten (10) days after notice has been given to Tenant. B. Abandonment and vacation of the premises (failure to occupy and operate the premises fourteen (14) consecutive days shall be deemed an abandonment and vacation). C. Failure to perform any other provision of this Rental Agreement if the failure to perform is not cured within ten (10) days after notice has been given to Tenant. If the default cannot reasonably be cured within ten (10) days, Tenant shall not be in default of this Rental Agreement if Tenant commences to cure the default within the ten (10) day period and diligently and in good faith continues to cure the default. 15. ASSIGNMENT AND SUBLETTING Tenant shall not voluntarily assign or encumber its interest in this lease or in the premises, or sublease all or any part of the premises, or allow any other person or entity (except Tenant's authorized representative) to occupy or use all or any part of the premises, without first obtaining Landlord's consent. Any assignments, encumbrance, or sublease without Landlord's consent shall be voidable and, at Landlord's election, shall constitute a default. No consent to any assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of this paragraph. 16. ENTRY Landlord and its authorized representatives shall have the right to enter the premises at all reasonable times for any of the following purposes: to determine whether the premises are in good condition and whether Tenant is complying with its obligations under the Rental Agreement, to do any acts that may be necessary to protect Landlord's interest in the premises; or to perform Landlord's duties under this Rental Agreement. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of Landlord's entry on the premises as provided in this section, except damage resulting from the acts or omissions of Landlord or its authorized representatives. 17. NOTICES A written notice required by the terms and conditions of this Rental Agreement is deemed served when a party sends the notice in an envelope addressed to the other party to this lease and deposits it with the U.S. Postal Service, postage prepaid. For purposes of this Rental Agreement, notices shall be addressed as follows, as appropriate: To the Lessor: Robert Marcucci, Fire Chief City of San Rafael Fire Department P.O. Box 151560 San Rafael, CA 94915-1560 4 To the Lessee: Julie Cantor Redwood Empire Life Support Ambulance Service 940 Petaluma Hill Road Santa Rosa, CA 95404 Service of Notice on any of the lessees shall be deemed service on all lessees. 18. WAIVER No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such a right or remedy or be construed as a waiver. The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment for the particular rent payment involved. Any waiver by landlord of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Rental Agreement. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant. 19. ATTORNEYS FEES If either party commences an action against the other party arising out of or in connection with this lease, the prevailing party shall be entitled to have and recover from the losing party reasonable attorneys fees and costs of suit, including costs of administration. 20. GOVERNING LAW The laws of the State of California shall govern this lease. 21. ENTIRE AGREEMENT. AMENDMENTS This Rental Agreement and all exhibits attached and any documents expressly incorporated by reference contain the entire agreement between the parties regarding the rental of the premises described herein and shall supersede any and all prior agreements, oral or written, between the parties regarding the rental of these premises. This Rental Agreement cannot be altered or otherwise modified except by a written amendment. 22. BUSINESS LICENSE Tenant certifies that it has obtained or applied for a City of San Rafael business license number as required by San Rafael Municipal Code Chapter 10.04. 5 IN WITNESS WHEREOF, Landlord and Tenant have executed this lease as of the date written on the first paragraph of this lease. LANDLORD CITY OF SAN RAFAEL ROD GOULD, City Manager ATTEST: JEAVNE M. LEO NC , City Clerk APPR b O GARY T. 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