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Home My WebLink AboutCC Resolution 7239 (625 Grand Avenue)RESOLUTION NO. 7239 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with the owner of Ferro Plaza, a 23,000 square foot office building located at 625 Grand Avenue (AP 14-133-05 & 07),to provide an on-site parking deck should CalTrans terminate its lease of adjacent property, 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 intro- duced and adopted at a REGULAR City held on Mondav meeting of the City Council of said the 16th day of December 31 1985 , by the following vote, to wit: AYES: COUNCILME`..iBERS: Breiner, Nave, Frugoli, Russom & Mayor Mulryan NOES : COUNCI 1E %BERS : None ABSENT: COUNCILME2,1BERS : None JEANNE Al. LEONCINI, City Clerk "4 L"""". 1 At AGREEMENT This agreement, executed this �5_ day of November, 1985 is between Angelo Ferro, hereinafter OWNER and the City of San Rafael, hereinafter CITY. RECITALS WHEREAS, OWNER heretofore sought and obtained permits and approvals necessary for the development of the real property located within the city limits of the City of San Rafael, hereinafter PROPERTY, which is specifically described in exhibit "A," which is the legal description thereof and exhibit "8," which is the site plan for Ferro Plaza, both of which are attached hereto, and are made a part herein by this reference; and WHEREAS, OWNER and his prospective lessees have requested certain use permits encompassing the PROPERTY; and WHEREAS, CITY has approved, as of June 1985, three (3) use permits, to wit reference 83-61, 83-61(b) and 83-61{c). requiring a total, for the three approved uses, of one hundred and four parking stalls (104). WHEREAS, the PROPERTY has located on site a total of 117 parking stalls of which 51 are located or are partially located upon land belonging to the State of California and leased to OWNER by the Cal. Department of Transportation; and WHEREAS, the CITY has imposed as a condition of the granting of said use permits provision of appropriate assurances of adequate parking on the PROPERTY in the event the State of California and/or the California Department of Transportation vii thdraws the rights of OWNER in the aforedescribed property; and WHEREAS, the withdrawal of the right of OWNER to use the 51 stalls located upon the property belonging to the State of California i:aould result in their being 66 on site parking stalls, or 38 fewer than the 104 required; and WHEREAS, the withdrawal of OWNER's. right to use said 51 stalls required for currently approved uses may diminish or adversely effect the use of an additional 12 to 15 spaces of the 66 remaining: THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. In the event, and at such time as OWNER no longer is legally entitled to utilize all or a major portion of the 51 parking, stalls located upon the land of the State, and upon request of CITY, the OWNER shall, within 10 months of the giving of notice of such request in writing, apply for necessary city approvals and construct, at OWNERS' sole cost, an onsite parking structure which shall provide adequate parking under the then current parking standards for the then current tenants. ?. Should the State terminate the right'. of owner to use the aforedescribed property, OWNER and CITY may, at such time agree to the provision of parking alternative to that to be provided in said parking structure. S. In the event that OWNER fails to carry out his obligations concerning replacement parking, as described herein, CITY may, in addition to, or as an alternative to use permit revocation proceedings, seek to enforce the terms of this agreeement by judicial proceedings. Failure of OWNER to provide for and completely construct replacement parking as required herein shall constitute grounds for revocation of OWNER'S use permit and./or entitle CIT`( to a mandatory injunction to compel compliance of OWNER with respect to the construction obligations contained herein. CIT`( shall have the option of seeking specific performance of this agreement or seeking any other available equitable remedy in lieu thereof and/or shall be entitled to seek damages in an amount equal to the cost of the construction of the promised parking facility. In the event of such litigation the prevailing party shall be entitled to an award of fees and costs as determined reasonable by the court in said proceeding. 4. CITY and OWNER agree that as of the making of this contract it is impossible to fix a dollar amount which will be adequate to assure performance of the obligations of OWNER hereunder and accordingly agree that injunctive relief is and shall remain a reasonable and available remedy in the event of OWNER's breach hereof; and further that OWNER has received fair and adequate consideration in the issuance of the subject use permits so as to make fair and reasonable his promises herein contained. 5. This agreement shall be binding upon 01ANER's heirs, successors, assigns or legal representatives and shall be recorded. The obligations hereunder shall run with the land for the benefit of CIT`( and the CITY may record a memorandum of this agreement without OWNER'S consent. d. In the event of litigation between the parties hereto concerning this agreement the prevailing party shall be entitled to reasonably incurred costs and fees to be fixed in such action or in another, action commenced for said purpose. 7. The parties stipulate to the following facts: Owner has received adequate consideration for the promises contained herein, to wit transfer of a portion of the PROPERT)i by the Redevelopment Agency and issuance of use permits. Owner has no defenses and waives an;: that he does have which are presently existing, t,,jhether or not known, which defenses would be applicable to an action for specific performance. Construction of a parking facility will not require court supervision and is not considered a continuous act. The terms of this agreement are certain, definate and without need of going beyond the terms thereof for ascertainment of intent. Dated: December 16, 1985 17'1 T%/ riC' r+A.+ STATE OF CALIFORNIA ss. COUNTY OF MARIN ) On this 20th day of December 1985, before me, JEANNE M. LEONCINI, a d State, residing therein, duly Notary Pub 11 c in and for the said CounearedLAWRE14CEE. MULRYAN commissioned and sworn, personally apP personally known to me (or proved to me on the basis of satisfactory I idence) to be the Mayor of the City of San Rafael that executed the within e of San Rafael did execute the document and acknowledged to me that said City same. WITNESS WHEREOF, I have hereunto set my hand drittenxed my offc�ial seal IN certificate first a the day and year i n thisrn. OFFICIAL SEAL 31"ANNE Ah. LE0111CINl • �'ob•+`._,L.Ii." tIUrAIt'r PWAIC . u.Llro'INIA • srt w� Pn nunm Oon in f- PIMOcl C7, 198 _ �' •"+.'�'•: /.1v Cm, ri_s;m+ G:pin:; Ocl. 27, 19fl7 t JEANN LEONCINI, RY PUBL C in and for 7400 5t1+ nvr., P O '1-60, 5•'n f4,fnd CA 9:775 0060 said C unty and State. -NERAL ACKNOWLEDGMENT No. 201 swrre:e..:v-..:.eec ltsf.:✓%.� „ � '. r - • .�-+� ^, r *�..,��.�� :,cc,�� State of CG�AZ( h I rte._ On this the day of Un 19 E , before me, I SS. County of the undersigned Notary Public, personally appeared k t-1 r eir�� r personally known to me OFFICIAL SEAL r proved tome on the basis of satisfactory evidence It `W WENDY B YOUNKIN to be the person(s) whose name(s) subscribed to the i a NOTARY PUBLIC - CAUFORNIA t,IAgIN COUft(`I within instrument, and acknowledged that Pxecuted it. My comrl. expires SEP 29, 2989 y WITNESS my hand and official seal. Notary's Signature �r.•rrr.�.�r•..•rrr.�rrrrrrrrrr..•.+ �.+r.rrrrrr �,rrrrrrrrrrrrrrrrrrrrr rrrrr,.Cr 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4525 • Woodland Hills. CA 91364 EXHIBIT A FEE• All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: PARCEL A, as shown upon that certain Parcel Map entitled, "Parcel Map Lands of Ferro, 3147 or 666, 3796 OR 203 Reversion to Acreage, San Rafael, Marin Co., California", recorded June 20, 1984 in Book 22 of Parcel Maps at Page 16, Marin County Records. LEASED: COMMENCING at the most easterly corner of that 10,843 square feet parcel of land described in the deed to the State of California recorded on April 11, 1951 in Book 684 at. Page 357, Official Records of Marin County; thence along the easterly line of the tract of land conveyed to Ruthe M. Schlosser by deed recorded November 28, 1934, in Book 289, Page 280, Official Records of Marin County N 13019140" E. 49.27 feet; thence S 48036118" E. 130.03 feet; thence along a tangent curve to the left with a radius of 30.00 feet, through an angle of 116016'49" an arc length of 60.88 feet; thence S 15006153" W. 69.00 feet; thence along a tangent curve to the right with a radius of 30.00 feet, through an angle of 116016'49", an arc length of 60.88 feet; thence W 40024151" W. 137.00 feet to the point of commencement; and II. COMMENCING at the most easterly corner of the 10,843 square foot parcel of land described in the deed to the State of California recorded on April 11, 1951, in Book 684, at page 357, Official Records of Marin County; thence along the easterly line of the tract of land conveyed to Ruthe N. Schlosser by deed recorded November 28, 1934, in Book 289, page 280, Official Records of Marin County, N 13019140" E, 49.27 feet; thence N 48036118" W., 145.91 feet; thence S 41023142" W, 46 feet; thence S 45005141" E., 133.76 feet to the point of commencement. yJ L v J Q 2 EXHIBIT B 9 41 [C d s- W 0NQ Wj J ~ 2 L N 3JglCr N �1 ��r�. o `i-;.��E.��E`r�;C�..)C6�rC� ;; = ,T,�--yo z�4--3 ' C �s'✓;, vi 1 II--�'��'�1>��ii �,V/`+ Q,'i �l�niJ ` � � I I � � I �s �� •bl � � 1 � � \a,�hY •Jcc,9 r-��` - �•� a.c aa� dau F l u i s / has yy /st'l. No 0 9 -7ID LA d. is .� _-� ---•.—�--��—��s�e�E, L1 r ( �•1 P / V LSA w Q w / Q W Q W A LL J J J N I? P W v n r - m .y Q YQF Fbbb t,l%ar% mo zN �'?' '.• clTi• of SAN RafnFL GRAPHICS ATTACHMENT FILE NO. U F' PLANNING eoEPAR7MEN ' T � T0 STAFF REPORT y ,�Fn L cr,. 9olo DATE 6 -/6 -95 -DY J.D. � SHEET Z OF -14 N