HomeMy WebLinkAboutCC Resolution 8686 (Temp. Library Location)RESOLUTION NO. 8 6 8 6
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RATIFYING LEASE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL
AND ROBERT B. VARNER FOR PROPERTY LOCATED AT
901 E STREET, SUITE 300, FOR TEMPORARY RELOCATION
OF THE SAN RAFAEL PUBLIC LIBRARY
WHEREAS, on June 1, 1992 the City Council of the City of San Rafael
authorized the Mayor and staff to negotiate a lease for 901 E St., Ste. 300, as a
temporary location for the San Rafael Public Library while structural repairs are
being done to the Library; and
WHEREAS, on June 23,1992 the Mayor executed an agreement between
the City of San Rafael and Robert B. Varner for Suite 300 at 901 E Street for the
sum of five thousand seven hundred and fifty dollars per month for a period of
eight months with a hold -over clause extending tenancy on a month to month
basis at the same monthly lease payment for four months, if needed, by the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of San Rafael does hereby ratify this action of the Mayor taken on behalf of the
City of San Rafael.
I, JEANNE M. LEONCI I, City Clerk of the City of San Rafael hereby
certify that the foregoing resolution was duly and regularly introduced and
adopted at a Special meeting of the City Council of said City held on Monday
the 29th day of_Lune 1992, by the following vote to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
1VE_4M_.
LEON , City Clerk
ORIGINAL
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STANDARD OFFICE LEASE
I. PARTIES. This lease, dated, for reference purposes only, June 18, 1992, is made by and between Robert B. Varner, an individual (herein called 'Lessor)
and Citv of San Rafael (herein called "Lessee").
II. PREbQSES. Lessor does hereby lease to Lessee and Lessee hereby leases from Lessor that certain office space (herein called 'Premises') indicated on Exhibit
"A" attached hereto and by reference made a part hereof, said Premises being agreed, for the purpose of this Lease, to have an area of approximately 4.600 rentable
square feet and being situated on the main floor of that certain Building known as The Varner Building, 901 'E" Street, San Rafael, California. Premises shall be
known as Suite 300.
Said Lease is subject to the terms, covenants and conditions herein set forth and the Lessee covenants as a material part of the consideration for this Lease to keep
and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of said performance.
M. TERM. The term of this Lease shall be for ei¢ht (8) months, commencing on .fuly 1. 1992, and ending on February 28, 1993.
Iv. POSSESSION.
A. If the Lessor, for any reason whatsoever, cannot deliver possession of the said Premises to the Lessee at the commencement of the term hereof, this
Lease shall not be void or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom, nor shall the expiration date of the above term
be in any way extended, but in that event, all rent shall be abated during the period between the commencement of said term and the time when Lessor delivers
possession.
B. In the event that Lessor shall permit Lessee to occupy the Premises prior to the commencement date of the term, such occupancy shall be subject to all
the provisions of this Lease. Said early possession shall not advance the termination date hereinabove provided.
V. HOLDING OVER. Any holding over after the expiration of the said term, with or without the express consent of Lessor, shall be construed as a tenancy
from month to month, and shall be on the terms and conditions herein specified, so far as applicable. Such holding over shall not constitute an extension of this Lease.
Should such holding over exceed four (4) months, Lessee shall then begin paying rent at one hundred twenty five percent (125 %) of the highest monthly rent paid
during the term of the Lease, and shall provide Lessor with written notice at least three months (90 days) in advance of the date of termination of such monthly tenancy
of his intention to terminate such tenancy.
VI. RENT. Lessee agrees to pay to Lessor as rental, without prior notice or demand, the sum of Five Thousand Seven Hundred Fifty and 001100 Dollars
($5,750-00), in advance, on or before the first day of each and every successive calendar month thereafter during the term hereof, except that the first month's rent
shall be paid upon the execution hereof. Rent for any period during the term hereof which is for less than one (1) months shall be a prorated portion of the monthly
installment herein, based upon a thirty (30) day month. Said rental shall be legal tender at the time of payment at the Office of the Building, or to such other person
or at such other place as Lessor may from time to time designate in writing.
VII. USE. Lessee shall use the Premises for the usual and customary activities of the San Rafael Public Library and shall not use or permit the Premises to be used
for any other purpose without the prior written consent of Lessor.
Lessee shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate
of or affect any fire or other insurance upon the Building or any of its contents, or cause cancellation of any insurance policy covering said Building or any part thereof
or any of its contents. Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other
Lessees or occupants of the Building or injury or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose,
nor shall Lessee cause, maintain or permit any nuisance in, on or about the Premises. Lessee shall not commit or suffer to be committed any waste in or upon the
Premises.
VIII. COMPLIANCE WITH LAW. Lessee shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict
with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Lessee shall, at its sole cost
and expense, promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force,
and with the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to, or affecting the condition, use
or occupancy of the Premises, excluding structural changes not related to or affected by Lessee's improvements or acts. The judgement of any court of competent
jurisdiction or the admission of Lessee in any action against Lessee in any action against Lessee, whether Lessor be a party thereto or not, that Lessee has violated
any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact as between the Lessor and Lessee.
IX. ALTERATIONS AND ADDITIONS. Lessee shall not make or suffer to be made any alterations, additions or improvements to or of the Premises
or any part thereof without the written consent of Lessor first had and obtained, and any alterations, additions or improvements to or of said Premises, including, but
not limited to, wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall on the expiration of the term become a part
of the realty and belong to the Lessor and shall be surrendered with the Premises. In the event Lessor consents to the making of any alterations, additions or
improvements to the Premises by Lessee, the same shall be made by Lessee at Lessee's sole cost and expense, and any contractor or person selected by Lessee to
make the same must first be approved of in writing by the Lessor. Upon the expiration or sooner termination of the term hereof, Lessee shall, upon written demand
by Lessor, given at least thirty (30) days prior to the end of the term, at Lessee's sole cost and expense, forthwith and with all due diligence remove any alterations,
additions, or improvements made by Lessee, designated by Lessor to be removed, and Lessee shall, forthwith and with all due diligence at its sole cost and expense,
repair any damage to the Premises caused by such removal. All shelving installed by Lessee shall remain the property of lessee, and shall be removed upon expiration
or sooner termination of this agreement.
x. REPAIRS.
A. LESSEE OBLIGATIONS: By taking possession of the Premises, Lessee shall be deemed to have accepted the Premises as being in good,
sanitary order, condition and repair. Lessee shall upon the expiration or sooner termination of this Lease surrender the Premises to the Lessor in good condition,
ordinary year and tear and damage from causes beyond the reasonable control of Lessee excepted. Except as specifically provided in this Lease, Lessor shall have
no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any par thereof and the parties hereto affirm that Lessor has made no
representations to Lessee respecting the condition of t,rc Prcmines or the BuilJirg except as trcciflcal!y herein set forth.
B. LESSOR OBLIGATIONS: Notwithstanding the provisions of Article X.A hereinabove, Lessor shall repair and maintain the structural portions
of ilte Building, excepting damage to the floor of Premises n-sulting directly or indirectly frc r, :c:lr,;.air. , lnc!ading the basic plumbing, air conditioning, heating,
and electrical systems, installed or furnished by Lessor, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of
any duty by the Lessee, its agents, servants, employees or invitees, in which case Lessee shall pay to Lessor the reasonable cost of such maintenance and repairs.
Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written
notice of the need of such repairs or maintenance is given to Lessor by Lessee. Except as provided in Article XXII hereof, there shall be no abatement of rent and
no liability of Lessor by reason of any injury to or interference with Lessee's business arising from the making of any repairs, alterations or improvements in or to
any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Lessee waives the right to make repairs at Lessor's expense
under any law, statute or ordinance now or hereafter in effect.
XI. LIENS. Lessee shall keep the Premises and the property in which the Premises are situated free from any liens arising out of any work performed, materials
furnished or obligations incurred by Lessee.
XII. ASSIGNMENT AND SUBLETTING. Lessee shall not either voluntarily or by operation of law assign, transfer, mortgage, pledge, hypothecate or
encumber this Lease or any interest therein, and shall not sublet the said Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other
person (the employees, agents, servants and invitees of Lessee excepted) to occupy or use the said Premises, or any portion thereof, without the written consent of
Lessor first had and obtained, which consent shall not be unreasonably withheld, and a consent to one assignment, subletting, occupation or use by another person
shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Any such assignment or subletting without such
consent shall be void, and shall, at the option of the Lessor, constitute a default under this Lease.
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XIII. HOLD HARMLESS. Except in the cases of Lessor's gross negligence, Lessee shall indemnify and hold harmless Lessor against and from any and all
claims arising from Lessee's use of Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Lessee in
or about the Building, and shall further indemnify and hold harmless Lessor against and from any and all claims arising from any breach or default in the performance
of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any act or negligence of the Lessee, or any officer, agent, employee,
guest or invitee of Lessee, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding
brought thereon, and, in any case, should action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend
the same at Lessee's expense by counsel reasonably satisfactory to Lessor. Lessee as a material part of the consideration to Lessor hereby assumes all risk of damage
to properly or injury to persons, in, upon or about the Premises, from any cause other than Lessor's negligence, and Lessee hereby waives all claims in respect thereof
against Lessor.
Lessor or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or
otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak
from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from
dampness or any other cause whatsoever, unless caused by or due to the negligence of Lessor, its agents, servants or employees. Lessor or its agents shall not be
liable for interference with the light or other incorporeal hereditament, loss of business by Lessee, nor shall Lessor be liable for any latent defect in the Premises or
in the Building. Lessee shall give prompt notice to Lessor in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or
equipment.
XIv. SUBROGATION. As long as their respective insurers so permit, Lessor and Lessee hereby mutually waive their respective rights of recovery against
each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. Each party shall
obtain any special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver.
Xv. SERVICES AND UTILITIES. Provided that Lessee is not in default hereunder, Lessor agrees to furnish to the Premises during reasonable hours of
generally recognized business days, which hours of operation are for the purposes of this agreement as follows: Monday: 8:00 am to 5:30 pm; Tuesday, Wednesday,
Thursday: 8:00 am to 9:00 pm; Friday, Saturday: 8:00 am to 5:30 pm, electricity for normal lighting and fractional horsepower office machines, heat and air
conditioning required in Lessor's judgment for the comfortable use and occupation of the Premises, and janitorial service. Lessor shall also maintain and keep lighted
the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Lessor shall not be liable for, and Lessee shall not be entitled
to, any reduction of rental by reason of Lessor's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts
or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Lessor. Lessor shall not
be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the
foregoing. Whenever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning
system, Lessor reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost
of operation and maintenance thereof shall be paid by Lessee to Lessor upon demand by Lessor.
Lessee will not, without written consent of Lessor, use any apparatus or device in the Premises which will in any way increase the amount of electricity usually
furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises,
any apparatus or device, for the purpose of using electric current. If Lessee shall require water or electric current in excess of that usually furnished or supplied for
the use of the Premises as general office space, Lessee shall first procure the written consent of Lessor, which Lessor may refuse, to the use thereof and Lessor may
cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use.
The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Lessee and Lessee agrees to pay to Lessor promptly upon
demand therefor by Lessor for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility
furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such
excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.
xvl. PROPERTY TAXES. Lessee shall pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during
the term hereof upon all Lessee's leasehold improvements, equipment, furniture, fixtures and personal property located in the Premises; except that which has been
paid for by Lessor, and is the standard of the Building. In the event any or all of the Lessee's leasehold improvements, equipment, furniture, fixtures and personal
property shall be assessed and taxed with the Building, Lessee shall pay to Lessor its share of such taxes within ten (10) days after delivery to Lessee by Lessor of
a statement in writing setting forth the amount of such taxes applicable to Lessee's property.
xvII. RULES AND REGULATIONS. Lessee shall faithfully observe and comply with the rules and regulations that Lessor shall from time to time
promulgate. Lessor reserves the right from time to time to make reasonable modifications to said rules. The additions and modifications to those rules shall be binding
upon Lessee upon delivery of a copy of them to Lessee. Lessor shall not be responsible for the nonperformance of any said rules by any other Lessees or occupants.
xvuL ENTRY BY LESSOR. Lessor reserves and shall at any and all times have the right to enter the Premises, inspect the same, supply janitorial service
and any other service to be provided by Lessor to Lessee hereunder, to submit said Premises to prospective purchasers or Lessees, to post notices of non -responsibility,
and to alter, improve or repair the Premises and any portion of the Building of which the Premises are a part that Lessor may deem necessary or desirable, without
abatement of rent and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed,
always providing that the entrance to the Premises shall not be blocked thereby, and further providing that the business of the Lessee shall not be interfered with
unreasonably. Lessee hereby waives any claim for damages or for any injury or inconvenience to or interference with Lessee's business, any loss of occupancy or
quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Lessor shall at all times have and retain a key with which
to unlock all of the doors in, upon and about the Premises, excluding Lessee's vaults, safes and files, and Lessor shall have the right to use any and all means which
Lessor may deem proper to open said doors in any emergency, in order to obtain entry to the Premises without liability to Lessee except for any failure to exercise
due care for Lessee's property. Any entry to the Premises obtained by Lessor by any of said means, or otherwise, shall not under any circumstances be construed
or deemed to be a forcible entry into, or a detainer of, the Premises, or an eviction of Lessee from the Premises or any portion thereof.
XIX. RECONSTRUCTION. In the event the Premises or the Building of which the Premises area part are damaged by fire or other perils covered by extended
coverage insurance, Lessor agrees to forthwith repair the same; and this Lease shall remain in full force and effect, except that Lessee shall be entitled to a
proportionate reduction of the rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs
shall materially interfere with the business carried on by the Lessee in the Premises. If the damage is due to the fault or neglect of Lessee or its employees, there
shall be no abatement of rent.
In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended
coverage insurance, then Lessor shall forthwith repair the same, provided the extent of the destruction be less than ten (10`,6) percent of the then full replacement cost
of the Premises or the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to an extent greater than ten (10%)
percent of the full replacement cost, then Lessor shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the rent
to be proportionately reduced as hereinabove in this Article provided; or (2) give notice to Lessee at any time within sixty (60) days after such damage terminating
this Lease as of the date specified in such notice, which date shall be no less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the
event of giving such notice, this Lease shall expire and all interest of the Lessee in the Premises shall terminate on the date so specified in such notice and the Rent,
reduced by a proportionate amount, based upon are extent, if any, to which such dam^.ve me!erially interfered with the business carried on by the Lessee in the
Premises, shall be paid up to the time of such termination.
Notwithstanding anything to the contrary contained in this Article, Lessor shall not have ,.,,y o >;igatior, atsoever to repair, reconstruct or restore the Premises
when the damage resulting from any casualty covered under this Article occurs during the last twelve (12) months of the term of this Lease or any extension thereof.
Lessor shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures,
railings, floor covering, partitions, or any other property installed in the Premises by Lessee.
The Lessee shall not be entitled to any compensation or damages from Lessor for loss of the use of the whole or any part of the premises. Lessee's personal
property or any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration.
XX. DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Lessee.
A. The vacating or abandonment of the Premises by Lessee. Lessee shall continuously occupy the Premises and shall not at any time throughout the term
of this Lease permanently or temporarily abandon, vacate, leave vacant, or desert all or any part of the Premises. As used herein, the terms 'abandon,' 'vacate,'
"leave vacant," or "desert' shall not be defeated because Lessee may have left all or any part of its trade fixtures or other personal property in the Premises.
B. The failure by Lessee to make any payment of rent or any other payment required to be made by Lessee hereunder, as and when due, where such failure
shall continue for a period of three (3) days after written notice thereof by Lessor to Lessee.
2 Less t��Lessee
Lessor will incur by reason of the late payment by Lessee. Acceptance of such late charges by the Lessor shall in no event constitute a waiver of Lessee's default
with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.
K. Guaranty. As material condition of this Lease and for valuable consideration, Lessee's performance of the conditions embodied in this Lease is hereby
guaranteed by the undersigned.
L. Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and
no prior agreements or understanding pertaining to any such matters shall be effective for any purpose. No provision of this Lease may be amended or added to except
by an agreement in writing signed by the parties hereto or their respective successors in interest. This Lease shall not be effective or binding on any party until fully
executed by both parties hereto.
M. Inability to Perform. This Lease and the obligations of the Lessee hereunder shall not be affected or impaired because the Lessor is unable to fulfill
any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond
the reasonable control of the Lessor.
N. Attorneys' Fees. In the event of any action or proceeding brought by either party against the other under this Lease the prevailing party shall be entitled
to recover all costs and expenses including the fees of its attorneys in such action or proceeding in such amount as the court may adjudge reasonable as attorneys'
fees.
O. Sale of Premises by Lessor. In the event of any sale of the Building, Lessor shall be and is hereby entirely freed and relieved of all liability under
any and all of its covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the consummation
of such sale; and the purchaser, at such sale or any subsequent sale of the Premises shall be deemed, without any further agreement between the parties or their
successors in interest or between the parties and any such purchaser to have assumed and agreed to carry out any and all of the covenants and obligations of the Lessor
under this lease.
P. Subordination, Attornment. Upon request of the Lessor, Lessee will in writing subordinate its rights hereunder to the lien of any first mortgage, or
first deed of trust to any bank, insurance company or other lending institution, now or hereafter in force against the land and Building of which the Premises are a
part, and upon any buildings hereafter placed upon the land of which the Premises are a part, and to all advances made or hereafter to be made upon the security
thereof.
However, notwithstanding any such subordination Lessee's right to quiet possession of the Premises shall not be disturbed so long as Lessee is not in default,
and so long as Lessee shall pay rent and observe and perform all of the provisions of this Lease.
In the event any proceedings are brought for foreclosure, or in the event of the exercise of power of sale under any mortgage or deed of trust made by the
Lessor covering the Premises, the Lessee shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Lessor under this Lease.
Q. Name. Lessee shall not use the name of the Building or of the development in which the Building is situated for any purpose other than as an address
of the business to be conducted by the Lessee in the Premises.
R. Separability. Any provision of this Lease which shall prove to be invalid, void or illegal shall in no way effect, impair or invalidate any other provision
hereof and such other provision shall remain in full force and effect.
S. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies
at law or in equity.
T. Choice of Law. This Lease shall be governed by the laws of the State of California.
U. Signs and Auctions. Lessee shall not place any sign upon the Premises or Building or conduct any auction thereon without Lessor's prior written
consent.
XXVIII. BROKERS. Lessee warrants that it has had no dealings with any real estate broker or agents in connection with the negotiation of this Lease excepting
only Keegan & Coppin Company, Inc. and H & L Commercial Real Estate, and it knows of no other real estate broker or agents in connection with this Lease.
Signed on 4 6 119.71--
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LESSOR
Signed on June 23 119 CITY OF SAN RAFAEL
at San Rafael, CA
By:
Its: Mavor
L'ESSZI-
ATTEST:
J �4. Leon � i ft!tY Clerk
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Lessor ;Lease
RULES AND REGULATIONS
1. No sign, placard, picture, advertisement, name or notice shall be inscribed, displayed or printed or affixed on or to any pan of the outside or inside of the Building
without the written consent of Lessor first had and obtained and Lessor shall have the right to remove any such sign, placard, picture, advertisement, name or notice
without notice to and at the expense of Lessee.
a. All approved signs or lettering on doors shall be printed, painted, affixed or inscribed at the expense of Lessee by a person approved of by Lessor.
b. Lessee shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from
outside the Premises; provided, however, that Lessor may furnish and install a Building standard window covering at all exterior windows. Lessee shall not without
prior written consent of Lessor cause or otherwise sunscreen any window.
2. The sidewalks, halls, passages, exits, entrances, elevators and stairways shall not be obstructed by any of the Lessees or used by them for any purpose other than
for ingress and egress from their respective Premises.
3. Lessee shall not alter any lock or install any new or additional locks or any bolts on any doors or windows of the Premises.
4. The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed and no foreign
substance of any kind whatsoever shall be thrown therein and the expense of any breakage, stoppage, or damage resulting from the violation of this rule shall be borne
by the Lessee who, or whose employees or invitees shall have caused it.
5. Lessee shall not overload the floor of the Premises or in any way deface the Premises or any pan thereof.
6. No furniture, freight or equipment of any kind shall be brought into the Building without the prior notice to Lessor and all moving of the same into or out of the
Building shall be done at such time and in such manner as Lessor shall designate. Lessor shall have the right to prescribe the weight, size and position of all safes
and other heavy equipment brought into the Building and also the times and manner of moving the same in and out of the Building. Safes or other heavy objects shall,
if considered necessary by Lessor, stand on supports of such thickness as is necessary to properly distribute the weight. Lessor will not be responsible for loss of
or damage to any such safe or property from any cause and all damage done to the Building by moving or maintaining any such safe or other property shall be repaired
at the expense of the Lessee.
7. Lessee shall not use, keep or permit to be used or kept any foul or noxious gas or substance in the Premises, or permit or suffer the Premises to be occupied or
used in a manner offensive or objectionable to the Lessor or other occupants of the Building by reason of noise, odors, electromagnetic radiation, and/or vibrations,
or interfere in any way with other Lessees or those having business therein, nor shall any animals or birds be brought in or kept in or about the Premises or the
Building.
8. No cooking appliances shall be used or permitted by any Lessee on the Premises, excepting only coffee makers and microwave ovens, nor shall the Premises be
used for the storage of merchandise, for washing clothes, for lodging, or for any improper, objectionable or immoral purpose.
9. Lessee shall not use or keep in the Premises of the Building any kerosene, gasoline, or inflammable or combustible fluid or material, or use any method of heating
or air conditioning other than that supplied by Lessor.
10. Lessor will direct electricians as to where and how telephone and telegraph wires are to be introduced. No boring or cutting for wires will be allowed without
the consent of the Lessor. The location of telephones, call boxes and other office equipment affixed to the Premises shall be subject to the approval of Lessor.
11. On Sundays and legal holidays, Saturdays before 8:00 a.m. and after 1:00 p.m., and on other days between the hours of 7:00 p.m. and 7:00 a.m. the following
day, access to the Building, or to the halls, corridors, elevators or stairways in the Building, or to the Premises may be refused unless the person seeking access is
known to the person or employee of the Building in charge and has a pass or is properly identified. The Lessor shall in no case be liable for damages for any error
with regard to the admission to or exclusion from the Building of any person. In case of invasion, mob, riot, public excitement, or other commotion, the Lessor
reserves the right to prevent access to the Building during the continuance of the same by closing of the doors or otherwise, for the safety of the Lessees and protection
of property in the Building and the Building.
12. Lessor reserves the right to exclude or expel from the Building any person who, in the judgment of Lessor, is intoxicated or under the influence of liquor or drugs,
or who shall in any manner do any act in violation of any of the rules and regulations of the Building.
13. Lessor shall have the right, exercisable without notice and without liability to Lessee, to change the name and street address of the Building of which the Premises
are a part.
14. Lessee shall not disturb, solicit, or canvass any occupant of the Building and shall cooperate to prevent same.
15. Without the written consent of Lessor, Lessee shall not use the name of the Building in connection with or in promoting or advertising the business of Lessee
except as Lessee's address.
16. Lessor shall have the right to control and operate the public portions of the Building, and the public facilities, and heating and air conditioning, as well as facilities
furnished for the common use of the Lessees, in such manner as it deems best for the benefit of the Lessees generally.
17. All entrance doors in the Premises shall be left locked when the Premises are not in use, and all doors opening to public corridors shall be kept closed except
for normal ingress and egress from the Premises.
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INITIALS
EXHIBIT TO LEASE
Prior to commencement, Lessor shall remove partitions and cabinetry located within Premises
as per Lessee specification of June 12, 1992, install a secondary egress door near the SouthWest
corner of Premises, install a ramp at the northerly door to the west offices, seal off the entrance
to the small private office on the north wall of the mezzanine area. All other tenant
improvements to Premises shall be at the discretion of Lessee pursuant to the provisions of
Paragraph IX of this lease.
ADDENDUM TO LEASE
BY AND BETWEEN
LANDLORD
AND
TENANT
On July 26, 1991, the federal legislation known as the Americans with Disabilities Act (ADA)
was signed into law by President Bush. The purpose of the ADA is to integrate persons with
disabilities into the economic and social mainstream of American life. Title III of the ADA
applies to landlords and tenants of "places of public accommodation" and "commercial
facilities", and requires that places of public accommodation undertake "readily achievable"
removal of communication and access barriers to the disabled. This requirement of Title III of
the ADA is effective January 26, 1992.
It is important that building owners identify and undertake "readily achievable" removal of any
such barriers in the common areas, sidewalks, parking lots and other areas of the building under
their control.
The Tenant is also responsible for compliance with ADA relating to removal of barriers within
the work place, i.e. arrangement of interior furnishings and access within the premises, and any
improvements installed by Tenant.
Keegan & Coppin Company, Inc. recommends that both parties seek expert advice regarding the
implications of the Act as it affects this agreement.
Landlord
Date
CITY OF SAN RAFAEL
�I
Tenant Alberti. Bor6, Mayor
June 23, 1992
Date
ATTEST:
Jc�LM. 1 1, ity Clerk
NOTICE TO OWNERS AND TENANTS
REGARDING HAZARDOUS WASTES OR SUBSTANCES
AND UNDERGROUND STORAGE TANKS
Comprehensive federal and state laws and regulations have been enacted in the last few years in an effort to develop
controls over the use, storage, handling, cleanup, removal and disposal of hazardous wastes or substances. Some
of these laws and regulations, such as, for example, the so-called "Superfund Act", provide for broad liability
schemes wherein an owner, tenant or other user of the property may be liable for cleanup costs and damages
regardless of fault. Other laws and regulations set standards for the handling of asbestos or establish requirements
for the use, modification, abandonment, or closing of underground storage tanks.
It is not practical or possible to list all such laws and regulations in this notice. Therefore, owners and tenants are
urged to consult legal counsel to determine their respective rights and liabilities with respect to the issues described
in this Notice as well as other aspects of the proposed transaction. If hazardous wastes or substances have been, or
are going to be used, stored, handled or disposed of on the property, or if the property has or may have
underground storage tanks, it is essential that legal and technical advice be obtained to determine, among other
things, what permits and approvals have been or may be required, if any,, the estimated costs and expenses
associated with the use, storage, handling, cleanup, removal or disposal of the hazardous wastes or substances and
what contractual provisions and protections are necessary or desirable. It may also be important to obtain expert
assistance for site investigations and building inspections. The past uses of the property may provide valuable
information as to the likelihood of hazardous wastes or substances, or underground storage tanks being on the
property.
Although the Broker will disclose any knowledge it actually possesses with respect to the existence of hazardous
wastes or substances, or underground storage tanks on the property, the Broker has not made investigations or
obtained reports regarding the subject matter of the Notice„ except as may be described in a separate written
document signed by Commercial Real Estate Specialists. The Broker makes no representation regarding the existence
or non-existence of hazardous wastes or substances, or underground storage tanks on the property. The Owner or
Tenant should contact a professional, such as a Civil Engineer, Geologist, Industrial Hygienist, or other persons
with experience in these matters to advise them concerning the property.
ACKNOWLEDGE1VfENT OF RECEIPT
LESSOR
DATE
CITY OF SAN RAFAEL
LESSEE
Aloert J ro, Mayor
DATE June 2-1, 1449
ATTEST:
M. r
Je M. Leoncini, City Clerk