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Home My WebLink AboutCC Resolution 7769 (Northgate PD Office)RESOLUTION NO. 7769 A RESOLUTION AUTHORIZING THE SIGNING OF A LICENSE AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: THE CITY MANAGER is authorized to execute, on behalf of the City of San Rafael, a license agreement with THE MACE RICH COMPANY, to donate an office to the San Rafael Police Department at the Northgate Mall for a ten (10) year period for $1.00 per year, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on MONDAY the 18th day of JULY, 1988, by the following vote, to wit: AYES: COUNCILMEMBERS:Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None JEANNE M. LEONCINI, City Clerk LO04.33POLICE 6/23/88 LICENSE AGREEMENT THIS LICENSE AGREEMENT (this "Agreement") is entered into this 18th day of July , 1988 by and between NORTHGATE MALL ASSOCIATES, a California general partnership, having an office at c/o THE MACERICH COMPANY, 233 Wilshire Boulevard, Suite 700, Post Office Box 2172, Santa Monica, California 90406 (the "Owner") and CITY OF SAN RAFAEL, a municipal corporation, having an office at 1400 Fifth Avenue, San Rafael, California 94901 (the "User"). TERMS In consideration of the mutual agreements herein contained, the parties hereby agree as follows: 1. Owner hereby grants to User a license to occupy and use, subject to all of the terms and conditions of this Agreement, the "Premises" as shown on Exhibit "A", attached hereto, and by this reference made a part hereof, located in The Mall at Northgate (the "Shopping Center"). 2. The Premises shall be occupied and used by the User solely for the following purposes: For the non -retail use as a police department sub -station and community center and for no other use or purpose. 3. User shall have the use of the Premises for that period commencing on the date on which Owner delivers possession of the nig^,-Att -4 Saa to User and expiring January 31, 1998 (the "Term"). 4. User shall pay Owner as follows: Rent for the Premises the sum of One Dollar ($1.00) per annum, payable to Owner at the above address. (1) L004.33POLICE 6/23/88 5. User shall at all times during the Term of this Agreement provide sufficient supervision and maintain control of employees, guests and/or invitees. 6. In the event there are any licenses or permits required by any government agency or authority with respect to the type of activity carried on and/or the use of the Premises, User shall be responsible for obtaining such licenses, authorizations and permits. No unlawful activities shall be permitted in the use of the Premises, including, but not limited to, the use of alcoholic beverages and gambling. 7. (a) Except for the negligence of Owner, User shall assume liability for and shall indemnify and hold harmless the Owner (and all its shareholders, directors, employees, customers and invitees), the owners of the real estate comprising the Shopping Center, their lessees, other occupants of the Shopping Center• (and their owners, officers, directors, employees, customers and invitees) and the "Merchant's Association" of the Shopping Center (collectively, the "Owner's Designees") against and from any and all liabilities, obligations, losses, penalties, actions, suits, claims, damages, expenses, disbursements (including legal fees and expenses), and costs of any kind and nature whatsoever in any way relating to or arising out of any activity of the User (including, without limitation, the activities of the User's officers, directors, employees, agents, contractors or servants within the Shopping Center). The Owner and Owner's Designees shall not be liable to any User using the Shopping Center or any other person on or about the Shopping Center, the adjoining grounds and parking (2) LO04.33POLICE 6/23/88 lot, by the User's consent, invitation or license, express or implied, for any loss, expense or damage either to the person or property sustained by reason of any condition of the Premises or the Shopping Center, or due to any act of the Owner and/or Owner's Designees or the act of any other person whatsoever. (b) Owner, its agents and employees shall not be liable for and User waives all claims for, damage to person or property sustained by User or any person claiming through User resulting from any accident or occurrence in or upon the Premises or the building of which the Premises are a part, or any other part of the Shopping Center. User agrees to pay on demand Owner's expenses including reasonable attorneys' fees, incurred in enforcing any obligation of the User under this Agreement. 8. User shall carry and keep in force during the Term of this Agreement the insurance indicated below: a. A comprehensive general liability policy, including liability coverage with respect to this Agreement, bodily injury liability, property damage, all in broad form, either having limits of $100,000 for injury or death to one person, $300,000 for one occur- rence and property damage limits of $50,000 or to be a combined single limit policy of $300,000. User shall have the right to self -insure for the risks contemplated under this Section 8a. b. Workers' Compensation insurance as required by the laws of the state where the Shopping Center is located. C. Employer's liability insurance with a $100,000 limit. (3) LO04.33POLICE 6/23/88 d. A certificate issued by the Industrial Board or other appropriate agency in the state where the Shopping Center is located evidencing Workers' Compen- sation insurance is in full force and effect. Before commencing any use hereunder, User shall furnish to Owner certificates issued by the company or com- panies issuing such insurance, evidencing that such insurance is in full force and effect naming Owner as insured thereunder and providing that such insurance may not be cancelled without at least ten (10) days notice by certified mail, return receipt requested to: NORTHGATE MALL ASSOCIATES, c/o THE MACERICH COMPANY, 233 Wilshire Boulevard, Suite 700, Post Office Box 2172, Santa Monica, California 90406. 9. User agrees to abide by all rules and regulations of any ordinance, law or code imposed by any governmental agency having jurisdiction over the Premises or User. In addition, User agrees to abide by all rules and regulations governing operations and conduct in the Shopping Center which are established by Shopping Center management. 10. User agrees to maintain the Premises in a clean and neat condition free and clear of all debris resulting from User's business at the Premises. User agrees not to harm the Premises, nor commit any nuisance, nor make any use of the Premises which is offensive as determined by Owner, in its sole discretion, nor do any act tending to injure the reputation of the Shopping Center. 11. (a) User agrees to submit design plans with adequate detail, photographs or renderings of the proposed improvements to the Premises to Owner for approval (4) LO04.33POLICE 6/23/88 prior to installation of same. Submission should include sign details and color and material samples. (b) User agrees not to make any alterations or addi- tions, nor permit the making of any holes in the walls, partitions, ceilings, or floors, nor permit the painting or placing of any exterior signs, placards or other advertising media, banners, pennants, awnings, aerials, antennas, or the like, without on each occa- sion obtaining prior written consent of the Owner. 12. User agrees not to suffer any mechanic's liens to be filed against the Premises or the Shopping Center by reason of any work, labor, services or materials per- formed at or furnished to the Premises, to the User, or to anyone holding the Premises through or under the User. Nothing in this Agreement contained shall be construed as a consent on the part of the Owner to subject the Owner's estate in the Premises to any lien or liability under the lien laws of the state in which the Premises are located. 13. User shall not assign or transfer this Agreement nor sublet the Premises in whole or in part. 14. In the event of any failure to User to pay any sums due hereunder, or any failure to perform any other of the terms, conditions, or covenants of this Agreement to be observed or performed by User, or if User shall become bankrupt or insolvent, or file any debtor proceedings, or take or have taken against User in any court pursuant to any statute either of the United States or of any State a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of User's property, or if User makes an assignment for the benefit of (5) LO04.33POLICE 6/23/88 creditors, or petitions for or enters into an arrangement for the benefit of creditors, or if User shall abandon the Premises, then Owner, besides other rights or remedies it may have, shall have the immediate right of re-entry upon twenty-four (24) hours prior notice and may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of User, all without service of notice or resort of legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. 15. Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that nothing contained herein shall be deemed to create any relationship between the parties hereto other than the relationship of licensor and licensee. 16. User shall pay all utilities, if any, for use of the Premises directly to the utility company. 17. This Agreement contains the entire understanding between the parties and all prior or contemporaneous oral or written agreements are merged herein and no amendment to this Agreement shall be effective unless in writing and signed by the parties hereto. (6) L004.33POLICE 6/23/88 IN WITNESS WHEREOF, Owner and User have caused this instru- ment to be executed as of the date first above written, by their respective officers or parties thereunto duly authorized: OWNER: NORTHGATE MALL ASSOCIATES, a California General Partnership By: Macerich San Rafael Associates, a California General Partnership WITNESS: j� By B Gr u r ATTEST: USER: CITY OF SAN RAFAEL, a municipal corporation l;By JEk�Nt"M. LEONCIC,ity Clerk PAMELA J. NI L' City Manager (7) a A � � GC• yi a •, p.,�,..e 5�or y�yGa�o,8�a7 %% gut` rn a~p o m orSig m r7� OtA �� p.n %a �r ".pia O ij7 7� ap a 160 ,4 y�J °o v -~ p y A .y i p R4 co O ry^1y ♦�nA eiC�jYn �a �ip A yE��r O a A n4 p ry^?pt �tl1 ACJ �7 ao odn ,7pap £XxIg1T N0