Loading...
HomeMy WebLinkAboutCC Resolution 7719 (Bahia School Lease Agreement)RESOLUTION NO. 7719 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with RENEWAL OF LEASE AGREEMENT WITH SAN RAFAEL SCHOOL DISTRICT FOR BAHIA VISTA SCHOOL (Term of Agreement for one year, beginning September 1, 1987 and ending August 30., 1988) a copy of which is hereby attached and by this 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 intro- duced and adopted at a Reqular meeting of the City Council of said City held on Monday the 18th day of Ar)ril 19 88 , by the following vote, to wit: AYES: COUNCILMEMBERS:Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEA4BERS:None ABSENT: COUNCILMEMBERS:None JEANd I. LEONCINI; City Clerk ORIGINAL 7 719 SAN RAFAEL CITY SCHOOLS Lease Agreement THIS LEASE made and entered into this 17th day of June , 1987 , by and between the SAN RAFAEL SCHOOL DISTRICT (Lessor) and the CITY OF SAN RAFAEL (Lessee). Recitals 1. Lessor is the owner of certain school property known as Bahia Vista School, a portion of the grounds of which is not needed by District for school purposes. 2. The California Education Code permits the use of school grounds and facilities for childcare centers. NOW, THEREFORE it is mutually agreed as follows: 1. In consideration of the conditions herein contained, Lessor does hereby convey and lease unto Lessee and Lessee does hereby lease from Lessor the following described property: Bahia Vista School 125 Bahia Way, San Rafael, CA 94902 40' x 24', North East section of playground Lessor shall permit Lessee reasonable use of school playground area. The Lessee shall move onto the leased premises a relocatable building to be used as a Childcare center. The Lessee shall pay for all costs of said structure including expenses related to moving, site preparation and utility connection. 2. The term of this Agreement shall be for one year, beginning September 1, 198 7 and ending August 30 , 198 8 . In the event that either party determines that the continued operation of the Childcare center is not in the best interests of either party, either party may terminate this Agreement upon giving sixty (60) days written notice. 3. Lessee shall reimburse the District for actual utility and custodial costs. 4. Lessee shall use the leased premises during the term thereof exclusively for the purpose of operating the Childcare program. 5. Lessee shall provide the school with a noon recreation supervisor. The noon recreation supervisor shall be an employee of Lessee and shall be employed only during the regular school year and shall perform the duties directed by the school principal. His/her hours shall be established by the school principal. 6. At the termination of this Lease, Lessee shall remove the relocatable building and return the leased premises to the condition prior to lease commencement. 7. It shall be the responsibility of Lessee to pay the full cost of maintenance of the premises as well as the entire operation of the Childcare program. The operation and supervision of the Childcare program shall be solely the responsibility of Lessee and Lessor shall have no liability or responsibility for the program conducted pursuant to this Agreement. 8. Lessee shall not commit waste on the premises conveyed herein, nor maintain, commit, or permit the maintenance or commission of a nuisance thereon, or use such premises for an unlawful purpose. Lessee shall conform to all applicable laws and ordinances respecting the use and occupancy of the premises leased and Lessee shall obtain all necessary permits and approvals from appropriate governmental agencies, including but not limited to, the State Fire Marshall. Lessee shall pay the cost of any applicable fees. 9. Lessor shall maintain, in force, general liability insurance in the amount of $9,000,000 and the existing fire and extended coverage insurance on the relocatable building. 10. Lessee shall maintain in force during the term of this Agreement, public liability insurance in the amount of $9,000,000, naming Lessor as an additional insured. It shall further be the responsibility of the Lessee to maintain appropriate insurance on its own equipment contained in the building. 11. Lessor shall hold harmless, indemnify, including attorney's fees, and defend the Lessee from any liability for personal injury or property damage arising out of any negligence or intentional acts or omissions by the Lessor, its agents, or employees. Lessee shall hold harmless, indemnify, including attorney's fees and defend Lessor from any liability for personal injury or property damage arising out of Lessee's use of the premises pursuant to this Agreement and or any negligence or intentional acts or omissions by the Lessee, its agents or employees. 12. Lessee and Lessor agree to submit any claims arising under this agreement to binding arbitration pursuant to the current provisions of the California Code of Civil Procedure or any successor statutes. 13. Lessee shall not sell or assign this Lease or any part thereof, or any interest therein, in whole or in part without first obtaining the written consent or Lessor. 14. In the event Lessee defaults in the payment of any amount due under the terms of this Agreement or defaults in the performance of any of the terms and conditions thereof, all of Lessee's rights hereunder are terminated and Lessor shall become entitled to the possession of the property. I 15. Lessee is responsible for the security of the premises and the contents thereof and shall be responsible for providing insurance on all personal property on the premises. CITY OF SAN RAFAEL: AWRENCE E. MULRYAN, ayor JE E` M. L ONC , City Clerk APPROVED AS TO CONTENT:. PAP LA J. ICOL i y Manager APPRO AS 4FFOM: GA RAGG ,Z�y Attorney PRP/Citylease SAN RAFAEL ELEMENTARY SCHOOL DISTRICT: 7HOP1 S E. 0 IS, Asst. Supt. ATTEST: