HomeMy WebLinkAboutAgr 1994-11-04 (Child Care Center/RUSD/Town)LAND LEASE AND USE AGREEMENT BETWEEN
THE TOWN OF TIBURON, THE BELVEDERE/TIBURON
CHILD CARE CENTER AND THE REED UNION SCHOOL DISTRICT
THIS AGREEMENT is entered into this of November, 1994, by and between
the TOWN OF TIBURON ("TIBURON' BELVEDERE-TIBURON CHILD CARE
CENTER ("CCC") AND THE REED UNION SCHOOL DISTRICT ("DISTRICT").
RECITALS:
A. TIBURON is the owner of certain real property situated in the Town of
Tiburon ("Town property") described on Exhibit "A", attached hereto and
incorporated herein.
B. DISTRICT is entitled to the use of the Town property for playground
purposes so long as DISTRICT maintains a school on the adjoining property
pursuant to an Agreement between the DISTRICT and TIBURON dated
February 29, 1978, and amended September 30, 1987. That portion of the
Town property the DISTRICT is entitled to use is described on Exhibit "B",
attached hereto and incorporated herein. Upon expiration of this lease,
TIBURON, DISTRICT and CCC agree that the agreements between
DISTRICT and TIBURON (referred to above) will govern the ownership and
use of the property.
C. The CCC, which initially functioned under the auspices of the Belvedere-
Tiburon Joint Recreation Committee was incorporated on August 10, 1988,
as a private, non-profit organization.
D. In 1987 TIBURON, DISTRICT and CCC's predecessor in interest, the
Belvedere-Tiburon Joint Recreation Committee, agreed that it would be
desirable to make the property described in Exhibit "A" available for use as
a child care center. In 1987 the CCC procured and installed three (3)
portable structures on the property with associated site improvements and has
utilized the property ever since.
E. The CCC has successfully functioned as a child care facility since 1976 serving
approximately 200 families primarily from the Tiburon Peninsula. The CCC
also works with DISTRICT to provide after school care for students at Reed
School.
F. In 1992, the parties agreed on a short term lease for the use of the property
by the CCC. That lease has expired and the parties now wish to enter into
a long term lease for the mutual benefit of all of the parties.
6. The CCC shall maintain during the life of this agreement commercial general
liability insurance in an amount of not less than Two Million Dollars
($2,000,000). This insurance shall include as additional insured TIBURON,
DISTRICT and their elective and appointive boards, officers, agents and
employees. The coverage shall contain no special limitations on the scope of
protection afforded TIBURON or DISTRICT. The policy of insurance shall
also contain a provision indicating that such insurance shall not be reduced
or canceled except upon thirty (30) days written notice to TIBURON and
DISTRICT. Evidence of this insurance shall be provided to TIBURON and
DISTRICT. The level of insurance shall be reviewed by the parties every two
(2) years to determine whether the specified amount is acceptable in light of
current activities, changes in the law or in the insurance industry.
7. DISTRICT shall hold harmless, indemnify and defend the CCC and
TIBURON and its elective and appointive boards, officers, agents and
employees for any liability for personal injury or property damages arising out
of the use of the Town property by the DISTRICT for school purposes, except
for injury or damage arising by reason of structural defects or failure of the
CCC to properly maintain the premises.
8. The CCC shall not erect, install or construct any structures or landscaping
requiring design review approval under TIBURON's zoning ordinance without
prior approval by TIBURON.
9. During the term of this lease, the CCC shall annually offer up to six (6)
scholarships to the children of TIBURON employees enrolled at the CCC in
the following amounts: one scholarship for fifty percent (50%) of the regular
tuition and five scholarships for twenty five percent (25%) of the regular
tuition. No more than two of the scholarships offered at any time shall be for
use in the preschool program offered by CCC. Children offered scholarships
shall not be granted preference in admissions and will be placed on any
applicable waiting lists. Enrollment of children of TIBURON employees at
the CCC with or without a scholarship shall not constitute special
circumstances for purposes of allowing inter-district transfers of such children
into the DISTRICT. TIBURON shall notify its employees of this policy at
such time as notice of the scholarship program is provided.
3
NOW, THEREFORE, BE IT HEREBY AGREED that the parties enter into this
land lease and use agreement based on the following covenants and conditions:
1. The CCC shall conduct a child care program on the Town property. In
addition, DISTRICT may use the property described in Exhibit "B" on a
schedule to be mutually agreed upon by the CCC and DISTRICT.
2. This lease shall run for a period of thirty (30) years from the date of
execution. Rents shall be adjusted as set forth in paragraph 3 hereafter. Any
further extensions must be agreed to in writing by the parties.
3. The CCC shall pay rent of $250 per month to TIBURON due on the first of
each month. Two (2) years after the effective date of this lease and every two
(2) years thereafter, the monthly rent shall be adjusted by the amount of
increase (if any) in the Consumer Price Index (CPI) for the San Francisco Bay
Area. At ten (10) and twenty (20) years after the effective date of this lease,
the parties shall renegotiate the base rent to reflect changes in market
conditions. In the event the parties cannot reach agreement on the monthly
rent, the question shall be submitted to binding arbitration.
4. All costs and operations of the CCC facility shall be the sole responsibility of
the CCC, including but not limited to maintenance, utilities, custodial, and
liability and property insurance costs.
5. CCC shall indemnify, defend and save and hold harmless TIBURON,
DISTRICT and their elective and appointive boards, officers, agents and
employees from and against any and all losses, damages, liabilities, claims,
causes of action, costs and expenses, including, but not limited to, attorney's
fees, arising out of the use of the property or any real property adjoining the
property by CCC and/or any of its officers, directors, agents, employees or
contractors, or out of the conduct of CCC's business thereon or therein, or
from any activity, work done, permitted or suffered by CCC and/or any of its
officers directors, agents, employees or contractors, in or about the property
or any real property adjoining the property; and CCC shall further indemnify,
defend and save and hold harmless TIBURON, DISTRICT and their elective
and appointive boards, officers, agents and employees from and against any
and all claims arising from any breach or default in the performance of any
obligation on CCC's part to be performed under the terms of this land lease,
or arising from any act, neglect, fault or omission of CCC or any of its
officers, directors, agents, employees or contractors. In case any action or
proceeding be brought against TIBURON, DISTRICT and their employees
by reason of any such claims, CCC upon notice from TIBURON and/or
DISTRICT shall defend the same at CCC's expense by counsel reasonably
satisfactory to the party or parties requesting that such defense be provided.
2
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DATE
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t ';'C6RDING REQUESTED By
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BOOK-`j59SpaGE 6 AT~~ MIN. PAST ~.1.
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WHEN RECORDED MAIL TO 65
Mono F ~ Official Records of Marin County, Calif.
sr...r City of Tiburon ,4
Office of City Attorney p
car - 1534 Fifth Avenue FEE S! RECORDE
sea.
San Rafael, CA 94901 • C,
RECORDERS USE ONLY
ORDER NO.
110722
ESCROW NO. (INDIVIDUAL)
GRANT DEED
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The undersigned grantor(s) declare(s)
Documentary transfer tax is $ nrne
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( ) Computed on full value of property conveyed, or
` ( ) Computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area ( X) City of Tiburon
Tax Parcel No.
REED UNION SCHOOL DISTRICT OF MARIN COUNTY, CALIFORNIA
FOR A VALUABLE CONSIDERATION, HEREBY GRANT TO
CITY OF TIBURON, a Municipal corporation
the real property in the County of Marin State of California, described as:
Attached
Reference is made to that certain Deed dated April 20, 1978 and recorde
June 2, 1978 in Book 8382 of Official Records a page 497 between the
same parties hereto. This deed is recorded to confirm said deed by a
second Resolution to convey the subject property made by unanimous vote
of the Board of Trustees of the Grantor herein.
_..Dated: at,-4~
~D
STATE OF ALIFORNIA ~s.s.
COUNTY OF Florin
On April 10, 1979 197a.
before me, the undersigned, a Notary Public in and for said
County and State, personally appeared
Mars all-Tu=e_r4 Chairm n of the
Board of Txustees: ands
]~~,,p Gio ello~
Su p e ri nt endeut ,
known to me to be ttie person 3 whose names are
subscribed to the within instrument and acknowledged that
Q th_eY executed the same. -
WITNESS and and otfic seal.
2
; c Notary Pu I In an 1 said C unty and State.
2 QOI\1 7/711 •.w „ Tw v > T ~Tr R•c HIT AC MI pry-V- fV`
I
REED TTrtTO N SEHOpf>D-ISTRICT-OF-
MARIN 00UNTY , CALIFORNIA
Chai-rma of the Board of Tr/ustees
Supe i endent
Notary Seal
OFFICIAL SEAL
RUPERT L. JERNIGAKI
a NOTARY PUBLIC - CALIFORNIA
MARIN COUNTY
Illy 'emm. expiras JUN 1S. 1981
1640 Tiburon Boulevard, Tiburon, CA 94920
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D]iSERIPTIO~J: Cit )f Tiburon - County of ?1a_ _n - State of Californ
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.•1PARCEL 011E
All the land granted by the housing Authority of the County of Marin to
Reed Union School District of Harin County, described in the Deed
recorded in Book 2285 of Official Records at page 31 and a portion of
the land granted by Campbell Judge and wife to Peed Union School
District, described in the Deed recorded December 29, 1950 in Book 673
of Official Records at page 201, described as follows:
BEGINNING at a point on the Northeasterly line of Tiburon Boulevard,
the California State highway from Belvedere. crossing to Tiburon, which
point.-bears North 27006' East 50.00 feet from Engineer's Station
229+24. 69 'on the centerline survey of said highway and shown on the
highway plans; thence FROM the point of beginning, North 62054' I-lest
49.77 feet; thence leaving the Northeasterly line along a circular
curve to the right, the last preceding course being tangent, with a
radius of 20.00 feet, thru a central angle of 900001, an arc length
of 31.42 feet; thence along the .tangent to the preceding curve,
North 270061 East 36.14 feet; thence along a circular curve to the
right, the last preceding course being tangent, with a radius of 380
feet, thru a central angle of 3 3° 14' , an arc length of 220.41 feet;
thence along a circular curve to the left, having common tangent with
the last preceding curve, with a radi-us of 498 feet, thru a central
angle of 020201, an arc length of 20.28 feet; thence South 82048' East
180.00 feet, north 76029108" East 42.18 feet and :forth 47054' East
140.48 feet (140.00 feet in the Deed 2285/31) to a point on the
Westerly line of the land described in the Deed to the Reed Union School
District (673/201); thence along said Westerly line, North 0901513011
East 174.84 feet and North 15012' East 92.555 feet to the Ilortherly
point of the last referred to parcel of land; thence along the Ilorth-
easterly line of said parcel, South 5,8°50'20" East 121.220 feet; thence
leaving the Northeasterly line, South 00053121" East 155.170 feet to
a corner post in an existing wire, fence; thence along said fence,
South 1004511911 East 35.055 feet, South 17057136" [lest 47..99 3 feet,-
South 08042132" West 59.644 feet, South 03°05' 3411 Hest 31.489 feet;
thence leaving the fence, South 19036139" West 23.838 feet, -
South 68°44' L19" Hest 47.662 feet and South 6205013711 I-lest 41.777 feet;
thence along a circular curve to the left, the last preceding course
being tangent, with a radius of 150.527 feet, thru a central angle of
21°52' 13", an arc length of 57.457 feet; thence along; a circular curve
to the right, having corunon tangent with the last preceding curve, with
a radius of 282.336 feet, thru a central angle of 17021152". an arc
length of 85.567 feet; thence South 69'18135" West 33.678 feet (this
course is not tangent to the preceding curve) to a point on the
Westerly line of the lands of the School District (673/201) which
Westerly line is the Easterly line of the land described in the Deed
recorded in Book 2285 of Official Records at page 31; thence along
N
B00K 30~OPaGE 666
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said Easterly line, South 36058' Ilest 170.00 feet to the Northeasterly
corner of the parcel described in the Deed to Sanitary District 110. 5
of I•iarin 'County, recorded September 13, 1962 in Book 1620 of Official
Records at page 280; thence leaving said Easterly line and along, the
Northeasterly and Northwesterly lines of the last parcel,
North 53002' I-lest 15.00 feet and South 36058' West 20.00 feet to a
point on the-Northeasterly line of the parcel described in the Deed to
Sanitary District No. ' 5 of Marin County, recorded December 20, 1961
in Book 1526 of_ Official Records at page 322; thence leaving the
Northwesterly line and along the 1-lortheasto-rly and Northwesterly lines
of the last parcel, North 53002' I-lest 3.00 feet and South 36058' West
40.15 feet to the Ilortheasterly line of Tiburon Boulevard; thence alon£
said Northeasterly line on a curve to the left, the center of which
bears South 3601010411 West, with a radius of 1553 feet, thru a central
angle of 090041041f, an arc length of 245.78 feet to the point of
beginning.
PARCEL TWO
All EASEMENT, appurtenant to Parcel One herein, for drainage anti sanitar
sewers, utilities of all kinds, ingre.3s and egress for vehicles
(including bicycles) and pedestrians, and for general roadway and
walkway purposes, 50 feet wide, 25 feet on each side of the following'
described centerline:
Beginning at a point that is the Easterly corner of the parcel of land
granted to Reed Union School District, recorded December 29,_1950 in
Book 673 of Official Records at page 201, said Easterly corner being;
also an angle point with adjacent courses bearing; ;forth 31109140" East
and :forth 58150'20" I-lest; thence FROi,I the point of beginning;, along;
the Southeasterly line of said parcel which is also the northwesterly
line of Lyford Drive, South 31109140" West 437.109 feet to the true
point of beginning; thence FROM the true point of beginning,
:North 30021'12" West 54.159 feet; thence along a circular curve to
the right, the last preceding course being tangent, with a radius of
100.00 feet, thru a central angle of 23033144". an arc length of
41.124 feet; thence along the tangent to the preceding curve l
:forth 06047127"
Ilest 52.530 feet; thence along a circular curve to the
left, the last preceding course being tangent, with a radius of GO feet
thru a central angle of 44'23'40", an arc length of 46-490 feet; thence
along the tangent to the preceding curve, ?forth 51011'08" (Jest 164.98
feet to the point of termination.
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Boo?"35 SeAGE Gill
r;~ J APPENDIX H EXHIBIZ
RFSO=1CN NO. 654-78
F~SGLL'TIC`J THE W IOLJ 5==L DISTRIC'T' RE T~`7I'rTrIGTJ
• .Tp ..:~.L REAL PRDPM= TQ_TIM CI,'Z'Y OF T=;1r.,: J LIMIER A~ T.EZ?r,
- lAS DEFIiTm. r
WHEREAS, Reed Union School District of Marin County (here-
after "District") owns that certain real property consisting of
approximately 4.24 acres more or less (excluding the easement)
located in the City of Tiburon, State of California, more particularl-
described in Exhibit "A" attached (hereafter the "property"); and
.
WHEREAS, the City of Tiburon, a Municipal corporation (here.
after. "City"), wishes to purchase the property; and
WHEREAS, District desires to sell the property to City;
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. District agrees to sell to City and City agrees tc% Fu: ch
the property upon the terms and conditions herein set forth.
2. City agrees to pay District $30,000.00 per. acre for the
""""'"-`'•property, the total purchase rice to be
P determined by multiplying
the precise number of acres purchased (excluding the easement) by
the sum of $30,000. City's engineer shall survey the property and
prepare a metes and bounds description for use by the parties; he
shall further determine the precise acreage of the property (ex-
cluding the easement). The acreage as so determined shall be used
in determining the total purchase price. If, for example, the
Engineer determines that the acreage is 4.24 acres, it is agreed the
purchase price shall be $127,000 (40-24 x $30,000): provided, '
the purchase price shall not be less than $127,000. IF less than 4.1C
'acres or more than 4.24 acres, boundaries will be adjustea.
• 3. The purchase price shall be deposited in escrow within
30 days from date of execution of this Agreement.
4. A portion of the property which borders Tiburon Boulevard
includes a part of the District's school playground (separ.,t.d from
the•~'rest of the property by a fence) ,it :is aQz.eea„Lnat f~L.•au~;~ ,
period of time as District maintains a ' school'at. its-t C:.~; ~.~.;~t_ ` .
present location,#and continues to use the said section of the
property in connection with said school as part of its
school playground, City will not interfere with said use, and
District may continue in the future to use said area as part of its
playground in the same manner as said land is now being used. That
portion of the property which is subject to the provisions of this
paragraph is more particularly described in Exhibit "B" attached.
Said property shall remain under the full control of District, which
shall have the responsibility for the maintenance of said property
and which shall indemnify and hold City harmless from any liability
for personal injury or property damage arising out of the District's'
r ~ it f. -1-
' -continued use a..' ontrol of said rot,
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5. City agrees that
promptly upon acquiring title to the
property, that it will, at City's sole expense, construct a fence
between the easement (Exhibit "A") and the remainder of the property
owned by-District. Persons using the school parking area shall be
permitted to use the easement and City shall provide•a safe entrancelt
and exit from and to the easement for persons using the school parkin
area.
6. Promptly upon execution hereof, an.escrow shall be opened
with Marin Title Guaranty Company, San Rafael, California (hereafter
"Title Company"), as escrow holder. Escrow shall close in complianc
with this Agreement on or before the date which is thirty (30) days if
from'and after the date hereof.
7. City agrees that maintenance and improvement of the ease-
ment described in Exhibit "A shall be the responsibility of City.
8. The building which ho-rises tIZQ "Salvage Shop" (presently
located on the property) is portable, and it is agreed that Districtif
shall retain ownership of sai uilding and that said building may
remain at its present location until such time as the City may
request in writing that the District remove the building from the
property. In such event, District will do so without unreasonable
delay, with the understanding, however, that City shall pay the cost
of physically moving said building to such new site as District may
designate, provided said new site is located within the boundaries
of the City or the District. During the time the building remains
on the site, it shall be under the sole control of District, which
shall have the responsibility for maintenance of the building and
which shall indemnify, defend and hold City harmless from any
liability for personal injury or property damage arising out of the
use of said building.
9. District shall be entitled to continue to use the building
in which the District offices are presently located until July 1,
1978, at which time it shall surrender the premises to City.
• 10. District shall be entitled to continue to use the buildin^
which it now uses for Maintenance until the date which is one (1)
year from and after the date of this Agreement, at which time it
shall sli:-rcndcr the p;en:ises to City-
11. While entitled to the use thereof (pursuant to Para 9
and 10), District shall have full control over the use of the
District office building and Maintenance building and shall be
responsible for the payment of utility services to said buildings
and for the maintenance thereof. Further, District shall indemnify,
defend and hold City harmless from any liability for personal injury
or property damage arising out of District's continued use of the
Office building and the Maintenance building.
.S
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12: It is agreed that District is to retain title to all
furniture and office equipment and the air conditioning units now
located in the buildings situated on the property.
13. District shall promptly deposit into escrow a deed to
the property described in Exhibit "A".
Evidence of title shall be a standard form policy of
14.
title insurance issued by Title Company in the amount of the purchase
price. The cost of the title insurance policy and all costs of
escrow, including recording fees, shall be paid by City.
15. This Agreement shall be binding upon the heirs, successors
.
and assigns of the respective parties hereto.
16. Time is of :the essence in the perforrnancc of. this _ Acreemen
Executed in Duplicate original this 24th day of Fehruarv
1978 , at Tiburon, California, follcwi ng being PASSED and ADOPT by tre Reed
union School Diitrict Board of ZYustees at its meeting on February 28th, 1978, by tl:
following vote:
CITY OF T ON, A Municipal Corporation
AYES: Turner,Jcnes,Morr+s,
Farley, Goldberg By
ga Ross, Mayor
NAYS ~ one -
AB== Nam REED UNION SCHOOL DISTRICT
. Y
B -
Chairmai or. a Boar of Trustees
. ATTEST: . . .
Ralph D. Giovan iel.lo ' .
. - SeQ-etary -
A
A
A
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Wit,