Agmt17 Belmont-Redwood Shores School District

Browse Search

SECTION 8. CONTRACTING Notwithstanding any other term of this Lease, no provision, covenant, or condition of this Lease shall prohibit District from contracting with or otherwise engaging third parties, independent contractors, and/or subcontractors to assist District in making those capital improvements on the Premises as required or permitted under the terms of this Lease or to assist District in furnishing services on the Premises. SECTION 9. IMPROVEMENTS 9.1 The New Classroom Building. City is leasing the Premises to District to enable it to construct and operate, at its sole cost and expense, a New Classroom Building and related improvements upon the Premises. While the precise design of the New Classroom Building has not been finally determined as of the Effective Date, the Parties anticipate it will be an approximately 13,000 square foot two-story classroom building. At all times through and after construction, District shall own and be solely responsible for the maintenance of the New Classroom Building and costs associated therewith. District shall also be solely responsible for landscape maintenance at the New Classroom Building and costs associated therewith. (a) New Classroom Building Design. (i) District shall submit plans and specifications for the New Classroom Building and related improvements (`Building Plans") to the City Manager for approval, such approval not to be unreasonably withheld. The New Classroom Building and related improvements will be constructed in material accord with such approved Building Plans. (ii) After approval by the City Manager of the Building Plans, and prior to substantial completion of construction of the New Classroom Building, District may make material changes to such plans ("Plan Material Changes") only with prior written consent of City's City Manager, not to be unreasonably withheld or delayed. As used in this Lease, the term "Material Change" shall mean: (i) any change in building location or grading plan that is inconsistent with the approved Building Plans; (ii) a change in the architectural style or architectural detail of the exterior of the improvements from that described in the Building Plans (provided City will not unreasonably withhold its consent to changes in building elevations); (iii) any change in the exterior colors; (iv) any substantial change to the landscape plan; (v) any change in the on-site drainage plan or (vi) any other substantial change in the design of the building including, without limitation, changes in building height, changes in square footage, changes in building access, and changes in building safety features. In the event of Plan Material Changes, District shall submit its plans and specifications to the City Manager for approval, which approval will not be unreasonably withheld or delayed. 9.2 Additional Site Improvements. At or around the time of construction of the New Classroom Building, District shall, at its sole cost and expense, make the improvements to the Sandpiper Joint Use Site described in sections (a) -(c) (collectively "Additional Site Improvements"). (a) Relocated Child Care Play Area. District shall replace the child care play area that will be displaced upon construction of the New Classroom Building. The Parties shall mutually agree upon the specific design, location, and amenities of this new child care play area. Unless otherwise agreed to by the Parties, use and maintenance of the new child care play area shall be governed by Section 8 of the Joint Use Agreement. (b) New Trash Enclosure. District shall construct a new trash enclosure ("New Trash Enclosure") to be located within a parking lot located in the Sandpiper Joint Use Site. The Parties shall mutually agree upon the specific design, location, and amenities for this new trash enclosure. During the Term, District shall be responsible for costs associated with the maintenance of the new trash enclosure and landscaping associated with the new trash enclosure. ATTY/AGR/2017.041/GROUN D LEASE —SANDPIPER REV: 03-01-17 JS Page 4 of 33