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
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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
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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.
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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.
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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
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$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.
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(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