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HomeMy WebLinkAboutCC Resolution 8704 (Lease Lindaro St. Parking Lot)CITY OF SAN RAFAEL RESOLUTION NO. 8704 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A LEASE WITH PG&E FOR PROPERTY LOCATED AT THIRD AND LINDARO STREETS IN SAN RAFAEL, CALIFORNIA FOR A PUBLIC PARKING LOT FINDINGS AND PURPOSE: The City Council of the City of San Rafael, Marin County, California, hereinafter referred to as City Council, does hereby declare, find and determine that: 1. WHEREAS, there is a need for additional long-term public parking spaces in the Downtown section of San Rafael; and 2. WHEREAS, a vacant lot at Third & Lindaro Streets is available for lease for a five-year period from Pacific Gas & Electric Company; and 3. WHEREAS, the lease rate for this lot is $100 per month. NOW, THEREFORE, the City Council of the City of San Rafael takes the following ACTION: RESOLVED, that the City Manager is authorized to execute on behalf of the City of San Rafael a lease for property located at the southwest corner of Third and Lindaro Streets in San Rafael, CA with Pacific Gas & Electric Company for a five- year period at a rate of $100 per month. I, JEANNE M. LEONCINI, City Clerk for the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of said City held on the 20th day of July 1992, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None A. JEA39E,M. LEONCINCity Clerk N A ��_ ojt4 .ri THIS LEASE AGREEMENT ELECTRIC COMPANY, a called PG&E, and the Tenant, LEASE OF LANDS made by and between PACIFIC GAS AND California corporation, hereinafter CITY OF SAN RAFAEL, hereinafter called WITNESSETH that in consideration of the rents and covenants to be performed by Tenant as provided herein, PG&E leases to Tenant for the term commencing , 1992 and ending at the close of , 19 , for the purpose of a public metered parking lot and for no other purpose, those certain premises in the County of Marin, State of California, described as follows: Excepting therefrom and reserving to PG&E, any and all aque- ducts, electric lines, communications lines, pipe lines and other installations on the premises used by PG&E in the con- duct of its business, and the right to reconstruct, maintain, and use the same together with access thereto over and across the premises. PG&E shall also have the right from time to time to inspect the premises to ensure compliance with the terms and conditions provided herein, The rent during the term of this lease shall be as follows: Tenant agrees to comply fully with the following conditions: 1. Tenant will pay rent immediately when due and all other sums payable under this lease in lawful money of the United States of America to PG&E's Region Land Superintendant at 111 Stony Circle, Santa Rosa, CA 95401-9599, without abate- ment, setoff, counterclaim, or reduction. Tenant shall pay, as additional rent, a charge for late payment to PG&E. If any installation of rent or a sum due from Tenant, accruing under the provisions of this lease, is not received by PG&E within 15 days after the due date, Tenant shall pay to PG&E a fixed late charge of 100 or the maximum amount allowed by law, whichever is less, of the rent or sum due. In the -1- COPY event Tenant is more than 30 days late in paying this rent or other sum due, PG&E, in addition to all other legal or equitable remedies at its sole option, may immediately terminate this lease. Should any legal proceeding arise out of or in connection with the lease, the court may award all costs incurred in the proceedings, including reasonable attorney's fees, to the prevailing party. 2. Tenant will not: A. sublet the premises or any part thereof, or attempt to assign this lease without first obtaining the written consent of PG&E; provided, however, such prohibition shall not preclude Tenant from renting parking spaces on the premises on a monthly basis or from employing an operator to operate the premises, B. allow any waste, nuisance or hazard to occur or exist on the premises, C. use any of the groundwater from the premises without prior written consent of PG&E. 3. Tenant will observe due diligence and care in maintaining the premises including, but not limited to, fences, buildings, and all other improvements, in proper condition and to the satisfaction of PG&E, and at the expiration or other termination of this lease surrender same to PG&E in as good condition as they are presently in, reasonable use and wear and damage by the elements excepted. 4. Tenant shall comply with all local, state, and federal laws and regulations including those laws whether existing or new which relate to the use, handling, treatment, or disposal of toxic or hazardous substances or relating to the control of rodents, other vermin, or noxious weeds on the premises; provided, however, PG&E shall be solely responsible for cleaning, mitigation, removal or remedy of any toxic or hazardous substances on the premises as of the date of this lease. Tenant further agrees to indemnify and hold PG&E harmless from any and all loss, expense, and liability arising out of Tenant's failure to so comply as set forth in the previous sentence regarding aforementioned conditions on the premises. In no event shall Tenant dispose or allow the disposal of any substances on the premises which has hazardous or toxic qualities. -2- 5. Tenant shall conduct all operations hereunder in accordance with good property management procedures to avoid unfavorable impact upon the environment, ecology or aesthetics of the surrounding neighborhood and to reflect credit upon both Tenant and PG&E, and shall comply with the applicable provisions of the Environmental Quality Act of 1970 (California Public Resources Code, Sections 21000, et seq.). 6. Should Tenant, with the consent of PG&E, express or implied, hold over possession of said premises after the term hereof, such holding shall be deemed a tenancy from month to month, at a monthly rental of $ payable in advance, and on the terms and conditions herein stated. 7. Tenant shall indemnify PG&E, its officers, agents and employees against all loss, damage, expense and liability, including, but not limited to, property of PG&E or Tenant, arising out of or in any way connected with the lease or the premises, excepting only such loss, damage, expense or liability as may be caused by the negligence or willful misconduct of PG&E, its officers, agents or employees. In the event this indemnity is not enforceable, Tenant shall indemnify PG&E to the maximum extent allowed by law. Notwithstanding the above, such indemnity shall not extend to any loss, damage, expense or liability arising out of, caused by, or related to any hazardous substances in or on the premises as of the date of this lease. 8. Except for related improvements, no building or other structure shall be erected by or for Tenant on the premises without prior written consent from PG&E. Tenant shall pay all taxes levied or assessed during the term hereof against any and all improvements which may be constructed by or for Tenant on the premises. All improvements, except for parking meters, shall become the property of PG&E at the expiration or termination of this lease. At the termination date of this lease, Tenant will remove all parking meters installed by Tenant. 9. Tenant will pay and discharge all bills for labor and materials furnished during the term hereof as Tenant's request for use upon the premises, and be solely liable and shall hold PG&E harmless from liability for any and all claims, demands and causes of action that are brought arising out of or in any way connected with any claims or liens for labor or materials or similar action. -3- 10. As required pursuant to General Order No. 69-B of the California Public Utilities Commission, PG&E reserves the right during the term of this lease upon its own motion (or upon order of the Commission) to do any of the following if deemed necessary or desirable at PG&E's sole option exercised in good faith: A. make such temporary, or permanent use of the premises, or any part of it as it shall deem necessary; B. sell, exchange, or lease the whole or any part of the premises to another or others; and C. grant easements and rights of way in, on and across the premises for any and all uses. If PG&E desires to take any or all of the actions set forth under A, B and C above, it shall give Tenant at least 180 days' written notice to that effect. Said notice shall contain a description of the lands to be utilized, sold, exchanged or leased, or the easement to be granted. The lease of the lands described in said written notice will automatically terminate upon the expiration of the above designated period. If the lands include the entire premises, PG&E will refund the unearned portion of any rent Tenant has paid in advance. If only a portion of the premises is included in such description then this lease shall not be affected as to the remainder of the premises and the refund to be paid to Tenant of such unearned rent shall be based on a proration by area and time. After the expiration of the then current year there shall be an adjustment in the rate of rental for the remainder of the lease term based on the remaining portion of the leased premises. 11. Failure to enforce any right or obligation by either party with respect to any matter arising in connection with this lease shall not constitute a waiver as to that matter or any other matter. 12. Insurance requirements: A. Worker's Compensation Tenant shall furnish PG&E a certificate of Worker's Compensation Self -Insurance indicating compliance with the Labor Code of California, including Employer's Liability insurance with a minimum of -4- $2,000,000 for injury or death of any one person. This certificate should provide 30 days' written notice to PG&E prior to cancellation, termination, alteration, or material change of such insurance. B. Comprehensive General and Comprehensive Automobile Liability Coverage Tenant shall maintain during the performance hereof, Comprehensive General Liability and Comprehensive Automobile Liability of not less than $2,000,000 combined single limit or equivalent for bodily injury, personal injury, and property damage as the result of any one occurrence. Comprehensive General Liability shall include coverage for Premises - Operations, Owners and Contractors Protective, Products/Completed Operations Hazard, Contractual Liability, and Broad Form Property Damage including Completed Operations. Comprehensive Automobile Liability shall include coverage for Owned, Hired, and Non -owned automobiles. Such insurance shall include, by endorsement to the policy(ies), PG&E as an additional insured insofar as any liability arising out of the lease by the Tenant with PG&E is concerned, contain a severability of interest clause, provided that PG&E shall not by reason of its inclusion as an additional insured incur liability to the insurance carrier for payment of premium for such insurance, and provide 30 days' written notice to PG&E prior to cancellation, termination, alteration, or material change of such insurance. In lieu of maintaining the insurance provided for the above, Tenant may self -insure. C. Additional Insurance Provisions (1) Evidence of coverage described above in Items A and B shall state that coverage provided is primary and is not excess or contributing with any insurance or self-insurance maintained by PG&E. (2) PG&E shall have the right to inspect or obtain a copy of the original policy(ies) of insurance. -5- (3) Tenant shall furnish the required certificates and endorsements to PG&E prior to commencing per- formance hereof. (4) All insurance certificates, endorsements, can- cellations, terminations, alterations, and material changes of such insurance shall be issued and sub- mitted to the following: PACIFIC GAS AND ELECTRIC COMPANY Attention: Manager of Insurance 77 Beale Street San Francisco, CA 94106 13. If two or more parties are designated herein as Tenant, the obligations herein of Tenant shall be the joint and several obligations of all persons herein designated as Tenant. 14. This lease is personal to Tenant. IN WITNESS WHEREOF the parties have executed this lease in duplicate this day of , 1992. CITY OF SAN RAFAEL By: Pamela J. Nicolai City Manager ATTEST: Uzz Jeanne M. Leoncini City Clerk PACIFIC GAS AND ELECTRIC COMPANY