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Home My WebLink About95-012 CC ResolutionRESOLUTION NO. 95-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING 'A LEASE WITH LINFIELD SCHOOL FOR THE TEMPORARY FIRE STATION SITE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City Council hereby approves that certain Lease by and between the City of Temecula and Lindfield School and authorizes the Mayor to execute said Lease on behalf of the City, in substantially the form attached hereto as Exhibit A. Section 2. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on the 14th day of February, 1995. ATFEST: [SEAL] Resos\95-12 I STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA) SS I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the Resolution No. 95-12 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 14th day of January, 1995, by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Linderoans, Mufioz, Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Resos\95-12 2 EXHIBIT "A" FIRE STATION LEASE THIS LEASE, made this day of , 1995, between CITY OF TEMECULA ("City"), and LINFIF. LD SCHOOL ("Lessor"). 1. Lease Lessor hereby leases to City those certain premises in the County of Riverside, State of California, described as set forth on attached Exhibit A ("Site'). 2. Use Said premises shall be used as an interim fire station and related uses by the City or Riverside County Fire Department and/or the California Department of Forestry to serve the City of Temecula. 3. Term and Option The term shall be for one (1) year, commencing on April 1, 1995 and ending March 31, 1996. City shall have the option to extend the Lease on the same terms and conditions for one (1) additional year by giving written notice to the Lessor at least 30 days prior to the expiration of the original term. During the option period, the City may cancel the Lease by giving 30 days written notice of termination to Lessor. 4. Rent City shall pay to Lessor on the first of each month the sum of Six Hundred Dollars ($600) per month as rent for the Site, beginning April 1, 1995. City shall pay all telephone expenses associated with the Site. Lessor shall pay all other utilities provided to the Site, including but not limited w, all electric, gas, and water costs. 5. Improvements A. City ,~nll construct or cause to be constructed at no cost to Lessor on the Site such improvements as may be reasonably required by the City to enable the Site to be used as an interim-fire station. These improvements include, but are not limited to, providing extended paved access to the Site, construction of a concrete slab to support temporary buildings and fire protection equipment, and relocation of utilities. All permanent improvements shah become the property of the Lessor upon termination of the Lea~. All temporary improvements provided by the City, such as trailer, equipment, and furnishings, shall remain the property of the City and shall be removed by the City at its own expense upon termination of the Lease. B. The City shall construct, at no cost to Lessor, the drainage improvements as identified on Exhibit-A. 6. R~airs and Maintenance. The City shall provide normal repair and maintenance to the Site. The Lessor shall be responsible for repairing and maintaining the improvements identified in Paragraph 5B. 7. Indemnity The City shall indemnity, defend and hold harmless the Lessor, its Board members, officers, agents and employees from and against any and all claims and demands, and every liability, loss, damages, or expense arising out of the City's use of the Site, or from any activity, work or things done, permitted or suffered by the City in or about the Site or elsewhere, or arising from any negligence of the City, or any of the City's agents, contractors, or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against the Lessor by reason of any such claim, upon notice from the Lessor, the City shall defend the same at the City's expense. The Lessor shall indemnify, defend and hold harmless the City, its elected officials, officers, employees and agents from any and all claims arising from any breach or default in the performance of any obligation on Lessor's part to be performed under the terms of this Agreement, or arising from any negligence of the Lessor, or any of the Lessor's agents, contracWrs, or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against the City by reason of any such claim, upon notice from the City, the Lessor shall defend the same at the Lessor's expense. 8. Insurance The City shall carry and maintain, or caused to be carried and maintained during the entire term hereof, at the City's sole cost and expense, comprehensive general liability insurance for One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage, naming the Lessor as an additional insured with respect to City's use of the Site and occupancy thereof. Insurance carrier(s) shall be admitted to do business in the State of California and shall have a Best rating of no less than A:VII. The City shah furnish the Lessor with a certificate from such insurer evidencing such insurance. The City also agrees to provide, or cause its insurer to provide, the Lessor with a notice of insurance cancellation at least thirty (30) days prior to the cancellation of such insurance. The City, at its option, may eject to combine the insurance required under this Agreement with any other coverage maintained by the City, or the City may elect to serf insure in whole or in part for the insurance required under this Agreement. 9. Non-l.iabili~y for Lessor for Damages This Lease is made upon the express condition the Lessor is to be free from all liability and claim for damages by reason of any injury to any person or persons, or property of any kind whatsoever and to whomsoever, during the term of this Lease or any extension thereof, or any occupancy hereunder arising from City's use of the Site and occupancy thereof. City hereby covenants and agrees to indemnify and save harmless Lessor from all liability, loss, cost or obligation on account of or arising out of any injuries or losses arising from City's use of the Site and occupancy thereof however occurring during the term of this Lease, excepting such thereof as may have been incurred by the negligence or intentional acts of Lessor or its agents. Lessor likewise covenants and agrees to indemnify and hold harmless City from all liability, loss, cost or obligation on account of or arising out of any claims, injuries or losses however occurring which are unrelated to City's use and occupancy of this premises pursuant to this Lease or which may have occurred during any period other than the term of this Lease, excepting such thereof as may have been incurred by the negligence or intentional acts of City or its agents. .~IM"~.I --5-- 10. Miscellaneous A. During the term of the Lease, all fire personnel, security officers, supervisors, trash collectors and maintenance personnel necessary for the operation of the fire station shall be supplied by or through the City. B. The Lessor shall notify all teachers, staff, students and parents that the Site is under the control of the City and is to be treated as private property separate from the remaining school property owned by the Lessor. City acknowledges that the Lessor will continue to conduct classes in accordance with its normal schedule and that teachers, staff, students and parents will be present on or near the Site at various times. C. Except when safety concerns dictate to the contrary, the City will endeavor to (i) refrain from using fire sirens on campus until the fire vehicles have reached Pauba Road, and (ii) to operate fire protection and employee vehicles at no greater than 20 miles per hour when on school property. D. Lessor shall supply a key to the City for manual operation of the automatic gate accessing Pauba Road. Lessor shall maintain the gate in good working order. E. Lessor grants to City a right of access to the Site as necessary for the City's development and use of the Site pursuant to this Lease. F. No waiver of any term or condition of this Lease shall be considered a continuing waiver thereof. Any waiver must be in writing. (3. The individuals executing this Lease on behalf of the City represent and warrant to the Lessor that they are fully authorized and legally capable of executing this Lea~ on behalf of the City. The individuals executing this Lease on behalf of the Les.~r warrant to the City that they are fully authorized and legally capable of executing this Lease on behalf of the Lessor. He Communications and notices sb~!l be ad~ a~ follows: CITY L~-~SOR City Manager City of Temecula 43174 Business Park Dr. Temecula, CA 92590 Board of Directors Linfield School 31950 Pauba Road Temecula, CA 92592 WITNESS THE EXECUTION HEREOF the day and year first above written. CITY OF TEMECULA LINFr~-r.'~ SCHOOL Jeffrey E. Stone Name Mayor Title APPROVF~D AS TO FORM: Peter M. Thorson City Attorney Legal Counsel June S. Greek City Clerk