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HomeMy WebLinkAboutCS Dixie School District Lease Agrf SAN RAFAEL THE CITY WITH A MISSION Agenda Item No: 4.b Meeting Date: June 5, 2017 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Services Prepared by: Kelly Albrecht, Senior Supervisor City Manager Approval: TOPIC: Lease agreement for Dixie School District SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE DIXIE SCHOOL DISTRICT AND THE CITY OF SAN RAFAEL FOR LAND AND FACILITY USE AT DIXIE, MARY SILVEIRA AND VALLECITO SCHOOLS RECOMMENDATION: Adopt the resolution. BACKGROUND: The City of San Rafael provides child care services at Dixie, Mary Silveira and Vallecito Elementary School campuses. The City owns and maintains portable classroom facilities on each campus to house child care. The Dixie District provides land use and facility use at all three campuses. The lease allows the City of San Rafael to use rooms and facilities such as multi-purpose room, bathrooms, designated playground space, library and designated rooms on all three campuses. ANALYSIS: The Lease agreement provides a valuable service to the families that attend Dixie School District. The Site Directors at each site have established essential partnerships with school officials and work together in providing an essential service to the community. The use of additional rooms gives each site the opportunity to serve more children. The lease has a term of 10 years. FISCAL IMPACT: The cost will be $1.00 per year for 10 years; $10.00. OPTIONS: 1. Adopt the resolution as presented approving the lease agreement. 2. Return the lease and discontinue service RECOMMENDED ACTION: Adopt resolution to approve lease agreement with Dixie School District. ATTACHMENTS: Resolution with Exhibit A- Lease agreement FOR CITY CLERK ONLY File No.: 4-7-3 Council Meeting: 06/05/2017 Disposition: Resolution 14338 RESOLUTION NO. 14338 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE DIXIE SCHOOL DISTRICT AND THE CITY OF SAN RAFAEL FOR LAND AND FACILITY USE AT DIXIE, MARY SILVEIRA AND VALLECITO SCHOOLS THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, the City of San Rafael provides child care services at Dixie, Mary Silveira and Vallecito elementary school campuses; and WHEREAS, the Dixie School District has approved a land lease and facility use agreement with the City of San Rafael, in the form attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the term of the lease is from July 3, 2017 to June 30, 2027 at a rent of $1.00 per year; NOW THEREFORE, BE IT RESOLVED, the City Council approves and authorizes the City Manager to sign a lease with Dixie School District in the form attached hereto as Exhibit "A", subject to final approval at to form by the City Attorney. I, ESTHER C. BEIRNE, 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 5' of June, 2017 by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk LEASE This Lease is entered into this I— day ofJt,� , 2017 between the City of San Rafael, (hereinafter "CITY") and the Dixie School bistrict, (hereinafter "LANDLORD"), who agree as follows: 1. PREMISES. -LANDLORD leases to CITY and CITY leasesfrom LANDLORD a portion of the following real property hereinafter collectively referred to as "Premises:" approximately 2,970 square feet located at Dixie School, 1175 Idylberry Road; approximately 2,444 square feet located at Mary E. Silveira School, 375 Blackstone Drive and approximately 2,622 square feet located at Vallecito School, 50 Nova Albion Way, in San Rafael, California. The Premises are more particularly described in Exhibit A, which is attached hereto and made part of this Lease by this reference. 2. TERM. The term of this Lease shall be from July 1, 2017 to June 30, 2027, unless terminated as provided in this Lease. Either party may terminate this Lease upon giving six (6) months written notice to the other. 3. USE OF PREMISES. The Premises shall be used by CITY solely for the purpose of operating a day care center for children and for uses incidental and reasonably related thereto. Use shall be restricted to before and after school hours during Landlord's school year and to the hours of 6:00 a.m. to 7:00 p.m. during Landord's summer, winter and spring recess. LANDLORD also grants to CITY and CITY accepts a license for access to the Premises by the CITY, its employees, agents and clients of the day care center, and for their use of parking spaces in the parking lot of each property during the hours stated above. CITY may continue to use and maintain at its own expense the portable buildings presently installed on the Premises. Installation of additional or replacement building(s) shall be subject to District's advance, written approval. Use of the rooms and facilities specified in Exhibit B shall be as set forth in Exhibit B. CITY's use of any other rooms or facilities on the Dixie School, Mary E. Silveira School, or Vallecito School campuses shall be in accordance with LANDLORD's facilities use policies and procedures. 4. RENT. CITY agrees to pay LANDLORD the sum of $1.00 annual rental fee for ground leases, payable on the commencement date of the Lease and on the annual anniversary of the commencement date each year thereafter. 5. JANITORIAL SERVICES. MAI ENANCE AND REPAIR. CITY at its cost shall provide usual and customary janitorial services to the Premises. CITY shall be responsible for all maintenance and repair of its portable buildings and any other property it has or uses on the Premises. In addition CITY shall be responsible for all maintenance and repair of LANDLORD's property to the extent sudh maintenance or repair is necessitated by CITY's or CITY's agents, employees' or invitees' negligence or misuse. Exhibit "A" G. ALTERATIONS. No alterations in or on the Premises or elsewhere on the school campuses shall be made by CITY without the advance, written consent of LANDLORD. Immediately before the expiration of the term or within 10 days after termination of the term or any notice terminating this Lease, CITY shall have the right to remove from the Premises any alterations, additions or improvements CITY has made to the Premises, including the portable buildings described above, provided CITY, at its cost, promptly pays for any damage occasioned thereby or restores LANDLORD's property to its condition prior to CITY's occupation of the Premises, normal wear and tear expected. 7. TJTILITIES. LANDLORD shall pay for all utilities and services, including without limitation, gas, electricity and water. Unless the Premises are separately metered at CITY's expense, LANDLORD will issue to CITY an invoice for CITY's prorated share of utilities and CITY shall remit repayment within fifteen (I 5) days of receipt. Connection to the utilities necessary for the operation of the portable buildings will be the responsibility of CITY and will be performed in a worker -like manner in conformance with all applicable laws and regulations. S. HOLD HARMLESS; CITY shall indemnify, hold harmless, and defend LANDLORD, its board of trustees, officers, agents and employees from and against all claims, damages, losses and expenses, including reasonable costs and attorneys' fees, arising out of or resulting from CITY's performance of this Lease, or work performed by CITY's agents or employees. LANDLORD shall indemnify, hold harmless, and defend CITY and all of its officers, agents and employees from and against all claims, damages, losses and expenses, including reasonable costs and attorneys' fees, arising out of or resulting from LANDLORD's performance of this Lease, or work performed by LANDLORD's agents or employees. 9. INSURANCE. a. CITY Insurance. CITY at its cost shall maintain public liability andproperty damage insurance (including self-insurance) with combined limits of not less than One Million Dollars ($1,000,000.00) per person and Three Million Dollars ($3,000,000.00) per occurrence insuring against all liability of CITY, its officers, agents and employees arising out of occupancy and in connection with CITY's use of the premises and any other rooms and facilities permitted under this Lease. CITY shall provide a certificate of insurance to LANDLORD naming LANDLORD as additional insured. b. LANDLORD. LANDLORD at its cost shall maintain public liability and property damage insurance with liability limits of not less than One Million Dollars ($1,000,000.00) per person and Three Million Dollars ($3,000,000.00) per occurrence insuring against all liability of LANDLORD, its board of trustees, officers, agents and employees. LANDLORD shall provide a certificate of insurance to CITY naming CITY as additional insured. c. Fire Insurance. Each party shall carry adequate fire insurance for its own property. I0. DESTRUCTION OF PREMISES. In the event of destruction of the Premises or of any improvement, alteration or addition made by CITY thereon, CITY shall be entitled, at its election, to terminate the Lease. 11. NON -TRANSFERABILITY. CITY agrees not to assign or sublet the leased Premises or any portion thereof, without first obtaining the written consent of LANDLORD. Any attempt to so assign or sublet without first obtaining LANDLORD's written consent shall be null and void. In the event LANDLORD gives written consent, said consent shall not constitute a waiver of this provision, which shall remain in effect with respect to any and all subsequent attempts to assign or sublet. 12. USE BY LANDLORD. CITY's use of the rooms and facilities set forth in Exhibit B shall be subject to LANDLORD's use. LANDLORD shall give CITY reasonable, advance notice of its intent to use such rooms and facilities. 13. HOLDING OVER. If CITY, with LANDLORD's consent remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by LANDLORD to CITY terminating this Lease, such possession by CITY shall be deemed to be a month-to-month tenancy terminable on 30 days' notice given at any time by either party. All provisions of this Lease, except those pertaining to the term shall apply to the month-to- month tenancy. 14. JNOTICE. As used in this Lease, notice includes but is not limited to the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver and appointment. All notices must be in writing. Notice is considered given either (a) when delivered personally to the recipient named below, or (b) when deposited in the United States, first class, postage prepaid, addressed as follows: Notice to CITY Notice to LANDLORD San Rafael Community Svcs. Dixie School District 51 Albert Park Lane Attn: Superintendent San Rafael, CA 94901-3989 380 Nova Albion Way San Rafael, CA 94903 15 SUCCESSORS IN INTEREST The provisions and conditions of this Lease shall extend to and bind the assignees or transferees under said Lease, and shall also extend to and bind heirs, executors, administrators and successors in interest of the parties hereto. 16 RF.MF.DIFC FOR BREACH It is agreed between CITY and LANDLORD that in the event CITY uses the Premises or attempts to use the Premises for any purpose other than that hereinabove authorized, or fails to keep and maintain said Premises as hereinabove specified, or breaches any other covenant or condition of this Lease, and any such event, default or breach (except assignment or subletting) shall continue for a period of fourteen (14) days after written notice thereof by LANDLORD to CITY, then LANDLORD may pursue any remedies available under applicable law, including termination of this Lease. Upon such termination LANDLORD may re-enter the Premises and take possession thereof, and oust CITY and all improvements alterations, and additions therefrom, subject to the requirements of law for unlawful detainer. 17. MISCELLANFOIIS. This Lease shall be interpreted in accordance with the laws of the State of California, and shall be construed as though each party participated equally in drafting w, provisions. If any portion of this Lease is determined to be unenforceable by a court of competent jurisdiction, the unenforceable portion shall be severed and the remaining portions shall continue in full force and effect. Date: City of San Rafael By:I Jim chu z, Cil�Iana er Attest: By: Esther Beime, City Clerk Approved as to form: By: Y—J",4 1r,�� 0 Robert F. Epstein, Ci Attor y Date: Dixie School District EXHIBIT A Exhibit B to LEASE between Dixie School District and City of San Rafael CITY may use the rooms and facilities listed below for the fee stated. Pees shall be paid monthly in advance. Use shall be restricted to before and after school hours during LandIord's school year and to the hours of 6:00 a.m. to 7:00 p.m. during Landlord's summer, winter, and spring recess. Landlord will provide usual and customary janitorial services to the rooms and facilities. Dixie School - multipurpose room and designated playground $135/month Mary E. Silveira - multipurpose room, library and designated restrooms and playground $225/month Vallecito - multipurpose room, music room and designated restrooms and playground $225/month 7 ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) --> CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 6/5/2017 From: Kelly Albrecht, Senior Supervisor Department: Community Services/Child Care Date: 5/1/2017 Topic: Lease agreement for Dixie School District Subject: Land and Facility use at Dixie, Mary Silveira and Vallecito Children's Center Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: Approved -Van 5/31/17 ® City Attorney Remarks: LG -Approved 5/26/17 with revisions noted. ® Author, review and accept City Attorney / Finance changes Remarks: KA approved on 5/30/17 ® City Manager Remarks: