HomeMy WebLinkAboutCC Resolution 9019 (Glenwood School Lease)RESOLUTION NO. 9 019
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
San Rafael School District for Lease Aereement for Rental of Land at Glenwood
Elementary School. (for three years, Tuly 1, 1993 through Tune 30, 1996.
a copy of which is hereby attached and by this reference made a part hereof.
I, JEANNE M. LEONCPJI, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a
meeting of the City Council of said City held on Mondav the 20th
day of September ,19 9 3 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Bo ro
JEWNIE M. LEONC vI, City Clerk
OR161�AI �0,9
LEASE AGREEMENT
RENTAL OF LAND
GLENWOOD ELEMENTARY SCHOOL
This LEASE made and entered into this 20th day of Septemb rr 1993 by and
between the CITY OF SAN RAFAEL, hereinafter "City" and SAN RAFAEL SCHOOL DISTRICT,
hereinafter "District".
1. In consideration of the conditions, herein contained, District does hereby
convey and lease unto City and City does hereby lease from District the
following described property depicted on Exhibit B, attached hereto and
incorporated herein:
GLENWOOD School, 25 Castlewood Drive, San Rafael, CA
2 ea, 40' x 24', South East Sections of Playground adjacent
each other for the continued placement of two portables.
2. City shall pay District $2.00 per year for each year of the lease of property
for both portables. The term of the rental will commence July 1, 1993 and
will terminate June 30, 1996. City shall pay for its own PG&E costs. City
shall provide custodial services.
3. City agrees that the rental premises will be used only for the purpose of
providing a child day care program.
4. District shall maintain, in force, general liability insurance in the amount
of $9,000,000 and the existing fire and extended coverage insurance on the
buildings. Such fire and extended insurance coverage are at replacement cost
based on Fair Market Value.
5. The City is self-insured and participates with other cities and entities in a
joint powers agreement for excess coverage. The City has obtained from the
Authority a Certificate of Coverage for the District. The City is authorized
hereunder to self -insure its own equipment or to procure insurance coverage
therefore.
6. District shall hold harmless, indemnify, including attorney's fees, and
defend the City from any such liability for personal injury or property
damage arising out of structural defects and/or maintenance of the rental
premises and/or any negligence or intentional acts or omissions by the
district, its agents or employees except where caused by the active
negligence, sole negligence or willful misconduct of City.
7. City shall hold harmless, indemnify, including attorney's fees, and defend
the District from any such liability for personal injury or property damage
arising out of structural defects built or maintained by the City on the
rental premises and/or negligence or intentional acts or omissions by the
City, its agents or employees, except where caused by the active negligence,
sole negligence or willful misconduct of District.
8. City and District agree to submit any claims arising under this agreement and
any claims arising to construe this agreement to binding arbitration
according to the rules of the American Arbitration Association. The
arbitrator is empowered to award attorneys' fees to the prevailing party.
9. District shall comply with the Americans with Disabilities Act (ADA)
prohibiting discrimination on the basis of disability in the services,
I
leasehold premises and activities it furnishes to the leasehold. Said non-
discrimination includes requirements with regard to making services, premises
and activities accessible to individuals with disabilities.
10. City shall comply with the Americans with Disabilities Act (ADA) prohibiting
discrimination on the basis of disability in the services, facilities and
activities the City provides on or in District facilities. Said non-
discrimination includes requirements with regard to making services, premises
and activities accessible to individuals with disabilities.
11. District and City agree to negotiate responsibility for complying with the
Americanswith Disabilities Act.
12. Either party may terminate this agreement upon giving 60 days written notice
to the other.
13. This agreement may be amended only by written consent of both parties.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
year first above written.
CITY OF SAN RAFAEL
Dorothy L. ,DAeiner, Vice -Mayor
3
SAN RAFAEL SCHOOL DISTRICT
JC WX�I.LL, Superintendent
Approved by the Board of Education
On: October 11, 1993
ATTEST:
UT)UkE M. -ONCI T, City Cler
APPROVED AS TO CONTENT:
0 p ,
d4LLJ.- �IC I,City Manager THOMAS E. SOLIS, Director of
Business Services
APPROVED AS TO FORM:
GARY T. HIA Citykt4ney�
PRP:CityGL93
4