HomeMy WebLinkAboutResolution No. 6462 (Lease Jordan and Lindaro Streets)RESOLUTION NO. 6462
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN RAFAEL APPROVING LEASE AGREE-
MENT FOR PROPERTY AT JORDAN & LINDARO STREETS
(Portion of A.P. 13-031-46)
The City of San Rafael, hereinafter referred to as City,
does hereby find and determine that:
1. WHEREAS, the City owns that property at Jordan and
Lindaro Street, A.P. 13-031-46; and
2. WHEREAS, the City Council of the City of San Rafael
finds it in the best interest of the City to enter into an interim
rental agreement; and
3. WHEREAS, Marin Lumber has agreed to pay the City of
San Rafael the sum of Sixteen Thousand Eight Hundred Dollars
($16,800.00) for the period of forty-eight months (48), as per
lease agreement described in Exhibit "A" attached hereto.
NOW, THEREFORE, the City takes the following action:
RESOLVED, the Mayor of the City is hereby authorized to
sign the lease agreement, referenced as Exhibit "A" attached
hereto, with Marin Lumber, for a portion of that city -owned
property at Jordan and Lindaro Streets, A.P. 13-031-46,
I, JEANNE M. LEONCINI, City 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 members of said
Council held on the sixth day of December , 1982,
by the following vote to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:Jensen
JEAN M. LEONCINI, City Clerk
C0M1v.L:RCIAL LEASE AND DEPOSIT RE,--IPT
MARIN LUMBER, INC.
RECEIVED FROM .....................................
"...' a-- ...... ..-..................-.-.--.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.--.-.-.-.-.-.-.-.-.-.-...1—.-L................. ................. ... ..
15 i6i an�afei.�A94qfl . -
BIT A
,hereinafter referred If) as
.. . .. I B"rF,
27500 Two Hundred Sey jy� ...-- . 0011 W).the sum of $.-....... .................................. ... ... ..........................................................._
o ......... . .p............rior .. ... lease.___ e. ... ....., as a deposit which, upon acceptance of this lease, shall belong to lessor and -shall he allillw(l f(illf—
evidenced by .... —!q9p
. 1 a
RECEIVED PAYABLE PRIOR TO OCCIRIANCY
Rentfor the period from ............................................................ to ............................................................ $ .................................................... $ .............
Last.......................... month's rent ................................................. t----------- .. ..------------------ t...... — - -----
Security deposit $
rent prior lease 275.00 ............. . ...
..................................... ..................................
Other...................................................................... $....._....- ..................... ........ .
TOTAL................... ......................... ....275.,...0-0..- .. .... ... . $
twenty (20)
In the event that this lease is not accepted by the Lessor within .............................................................. business days, the total deposit received shall hor, refunded
Lessee hereby offers to lease from Lessor the premises situated in the City of San Rafael --- , County of .........Marin
..... .. .. ..... .
owned lot
State of . ........_California .................................................. described as ... easterly ... P-
... square
... feet of a city
............ .....
(A.P. 13-031-06) at the northwesterly intersection of Jordan StreE!t with Lindaro Street.
................................................................................................................ . ....................................................................... ................................ ... ...... .
.................................................................................................................................................................................. . ................ .... I ...... .............. ..........
upon the following TERMS and CONDITIONS: Se 82, and expire on August 31, 1986
1. TERM: The term hereof shall commence on.........September 1 19
P
...... ............................ ........
800.00 consecutive n-lonthly installnients of $350.11C
2. RENT: The total rent shall be $...16, i§t� ......... - .................. ..., payable as follows: .............. I .......................... —.1 ..... -.1-1-1
colmmencinq September 1, and continuing thereafter until the total rent is paid in full
.............................. . ......... . .......................... t ......... .. -- .................. ......................................
....................... ................ .... ...... .............................................. .............................................................. ............. .......
... ...... .. .. ... -
..................................................... I ........................ --- ......... ............................... ...............
City
ty ... of
- San
an --fafiie . I,' P.O.Box 60, S, -m Ra f�ie 1 9 4 9 1!
All rents shall be paid to Owner or his authorized agent, at the following address:- ................. ---------------- . - . ....
-
. ... ...... ... I .... ..... . I .... ...... - . -.1-1.11-1 ...... . . ......
or at such other places as may be designated by Owner from time to time.
storage of lumber ail-d/or off-street parkLng,
3. USE: The premises are to be used for the operation of ................................................... ...... ....................................... ---------------
......................................................... .... . . ................... .................................... ................ ......................... . ... ..
and for no other purpose, without prior written consent of Lessor.
4. USES PROHIBITED: Lessee shall not use any portion of the premises for purposes other than those specified hereinabove, and no use shall he mail(- or livimiltm
to he made upon the premises, nor acts done, which will increase the existing rate of insurance upon the property, or Cause cancellation of insurance policii-; rovvirilit.
said property. Lessee shall riot conduct or permit any sale by auction on the premises.
S. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease or sublet any portion of the promises without prior written con -will tit the If—fir v.,hirl
shall not be unreasonably withheld. Any such assignment or subletting without consent Miall be void and, at flip option of the Lessor, may terminal(- Illi-,
6. ORDINANCES AND STATUTES: Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities ni-will folue
or which may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof by Lessee. The commencement or pendency of any till, of
federal court abatement proceeding affecting the use of the premises shall, at the option of the Lessor, be deemed a breach hereof.
7. MAINTENANCE. REPAIRS, ALTERATIONS: Lessee acknowledges that the premises are in good order and renair, unless otherwise indicated herein 1w.;pi- I- ell
at his own expense and at all times, maintain the premises in good and safe condition, including plate glass, electrical wiring, plumbing and heating installation,, mil ill
other system or equipment upon the premises and shall surrender the same, at termination hereof, in as good condition as received, normal wear and tear excepted. If- ef
shall be responsible for all repairs required, excepting the ......... .... ............. no.ne ....... ................ . - .......... ....... .. .... . .........................
.. .. .. ......... ... . ..... . . .. .. ... ; . . ......... ........... . . .. . ...... ... .. . ... ... .. ..
which shall be maintained by Lessor. Lessee shall also maintain in good condition such portions adjacent to tile premises, such as sidewalks, driveways, lawn, ;ind -1-r1i
bery, which would otherwise be required to be maintained by Lessor.
No improvement or alteration of the premises shall be made without the prior written consent of the Lessor. Prior to the commencement of any sub-.1mil i.il i vii,iii milmive
ment, or alteration, Lessee shall give Lessor at least 2 days written notice in order that Lessor may post appropriate notices to avoid any liability for livil,;,
B. ENTRY AND INSPECTION: Lessee shall permit Lessor or Lessor's agents to enter upon the premises at reasonable times and upon reasonable nolirv, [,it tlif
purpose of inspecting the same, and will permit Lessor at any time within sixty (60) days prior to the expiration of this lease, to place upon the premise.; ;wy
Let" or "For Lease" signs, and permit persons desiring to lease the same to inspect the premises thereafter.
9. INDEMNIFICATION OF LESSOR: Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occulting (ill 11w domi.'o,
premises or any part thereof, and Lessee agrees to hold Lessor harmless from any claims for damages, no matter how caused.
10. POSSESSION: If Lessor is unable to deliver possession of the premises at the commencement hereof, Lessor shall not be liable for any damage causal 11wiphy
nor shall this lease be void or voidable, but Lessee shall not be liable for any rent until possession is delivered. Lessee may terminate this lease if possession i,; aril il�liv
ered within ................... days of the commencement of the term hereof.
11. INSURANCE: Lessee at his expense, shall maintain plate glass bublic liability and property damage insurance insuring Lessee and Lessor willi mininmw covoim!-
I
as follows: . ..... ............. W'6,",00 Aro-rertv dc;r..-- 000 perrorial injur-
I! I U J
...... ................... t ....... n ......... ................ ................................. ... .... ................ . -
............................................................. .. ... .. . . ... ..... - . . ... . ............ . ............... ....... ..........
Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured, The Certificate shall provide for a len-day written notice to it
the event of cancellation or material change of coverage.
To the maximum extent permitted by insurance policies which may be owned by Lessor or Lessee, Lessee and Lessor, for the benefit of each other, waive; any aliff al
rights of subrogation which might otherwise exist.
12. UTILITIES: Lessee agrees that he shall be responsible for the payment of all utilities, including water, gas, electricity, heat and other service,; delivered 111 1111
premises.
13. SIGNS: Lessor reserves the exclusive right to the roof, side and rear walls of the Premises. Lessee shall not construct any projecting sign or -awning %vilhool fill
prior written consent of Lessor which consent shall not be unreasonably withheld.
14. ABANDONMENT OF PREMISES: Lessee shall not vacate or abandon the premises at any time during the term hereof, and if Lessee shall abandon tit varale 1111
premises, or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee left upon the premises shall be deeined In lie abandoned, A flu
option of Lessor.
15. CONDEMNATION: If any part of the premises shall be taken or condemned for public use, and a part thereof remains which is susceptible of nrciipalifin f1pri,
tinder, this lease shall, as to the part taken, terminate as of the date the condemnor acquires possession, and thereafter Lessee shall be requited to Imy sorb lirfiliorlim
of the rent for the remaining term as the value of the premises remaining bears to the total value of the premises at the date of condemnation; pinvidi-d hnwf!vvr. illa
Lessor may at his option, terminate this lease as of the date the comferimor acquires possession. In the event that the demised premises are condemned it, whole. or fit;]
such portion is condemned that the remainder is not susceptible for use hereunder, this lease shall terminate upon the (late upon which the rondpointir acrillire.;
All sums which may be payable on account of any condemnation shall belong to the Lessor, and Lessee shall not be entitled to any pail thereof, provided how1wer, Ilia
Lessee shall be entitled to retain any amount awarded to him for his trade fixtures or moving expenses.
16. TRADE FIXTURES. Any and all improvements made to the premises during tite term hereof shall belong to the Lessor, except bade fixtures of
may, upon termination hereof, remove all his trade fixtures, but shall repair or pay for all repairs necessary for damages to the pivoli•w-- occasioned by -111oval
17. DESTRUCTION OF PREMISES: In the event of a partial destruction of the premises during the term hereof, from any cause, l.m,,nr shall forthwith repair th•
same, provided that such repairs can he made within sixty (60) days tinder existing governmental laws and regulations, but such partial destruction Qwfl nol tefolin'll
this lease, except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which Ihe imikinly (I
such repairs shall interfere with the business of Lessee on the premises. If such repairs cannot be made within said sixty (60) days, LesFor, at his option, may niakr, Ih
same within a reasonable time, this lease continuing in effect with the rent proportionately abated as aforesaid, and in the event that Lessor shall riot elect to mak•
such repairs which cannot be made within sixty (60) days, this lease may be terminated at the option of either party.
In the event that the building in which the demised premises may be situated is destroyed to an extent of not less than one-third of the replacement rosl-, Ilifneof
Lessor may elect to terminate this lease whether the demised premises be injured or not. A total destruction of the building in which the premises imlY be sifnalpil !-.flat
terminate this lease.
In the event of any dispute between Lessor and Lessee with respect to the provisions hereof, the matter shall be settled by arbitration in such a manner as flip parties
may agree upon, or if they cannot agree, in accordance with the rules of the American Arbitration Association.
18. INSOLVENCY: In the event that a receiver shall be appointed to take over the business of the Lessee, or in the event that the lessee -,hall inalle a go,111,;1I ;Ir,ipo
ment for the benefit of creditors, or Lessee shall take or suffer any action under any insolvency or bankruptcy act, the same shall constitute breach of Mrs lea -f -by If' el.
PROFESSIOW
(D
FoRM 107 (6-3-74) coi-yntaoff, 1960. ny Pnori:G—SIOUAL P1.1131-151UPIC COUP . 122 PAIIL L
OHM% SAII I'ArM . CAI IFORMA PUBUSHIM
f M. - CORPORATXX
r 9. REMEDIES OF OWNER ON DEFAULT: In went of any breach of this lease by Lessee, Lessor, br ; other rights and remedies he may have, shall have the
r111rn21liate right of re entry and may remove all per: , and property from the premises. Such property may b, ived and stored in a public warehouse or elsewhere at
Ihe. cast Of, and for tine account of Lessee. Should Lessor elect to re-enter, or should he take possession pursuant to legal proceedings or any notice provided bylaw, he
�11:,y rrillne, terminale this lease or may from time to time, without terminating this lease, relet said premises, or any part thereof, for such term or terms (which may be
for a lean extending beyond the term of this lease) and at such rental or rentals and upon such other terms and conditions as Lessor, in his sole discretion, may deem
ofvr:•,Idr> with the right to alter or repair the premises upon such reletting. In such event, Lessee shall be immediately liable to pay to Lessor, in addition to any other
moots 1f1,e hereunder: (a) the cost and expense of such reletting and such alterations or repairs, and any amount by which the rent reserved herein for the period of such
1rflelling, [rut not beyond the term hereof, exceeds the amount agreed to be paid as rent for such period; or: (b) at the option of the Lessor, rents received by Lessor from
11(h reir•tling ,lunll be applied first to the repayment of indebtedness other than rent due hereunder• second to costs and expenses of reletting and alterations or repairs,
11111 Mild 11)Ifne payment of rent clue and unpaid hereunder, and the residue, if any, shall be held by Lessor and applied in payment of future rent as the same may become
In,;: rend p:ryaldP. Lessee shall be credited only with rent actually received by Lessor. Lessee shall, in such event, pay any deficiency between the amount due from Lessee
I) I rv,_•n1 •11ul the anmunt credited.
ess
,iivi'n,oii nn lm entry
le cede bykanco messession o( competent ssor shall jurisd ction.eNotwithstand ng anytrued as an esuch relett ngtion to rnate w thoutster termination, oless written n L Lessor may at a y time thereafterce of such intention relect to termiven, or inate
III,, Ir,ae un account of such previous breach. Should Lessor at any time terminale this lease for any breach, in addition to any other remedy he may have, he may recover
n•u1 I etit,i e. all damages he may incur by reason of such breach, including the cost of recovering the premises, and including the worth at the time of such termination,
11 .1t Ihe Ione of an :rival(] it suit be instituted to enforce this provision, of the amount by which the unpaid rent for the balance of the term exceeds the amount of the
,x;1, 11 I„5; for the balance of the term which the lessee proves could be reasonably avoided.
20. SECURITY: The security deposit set forth above, if any, shall secure the performance of lire Lessee's obligations hereunder. Lessor may, but shall not be obligated
sir, •gy1IV all or portions of said deposit on account of Lessee's obligations hereunder. Any balance remaining upon termination shall be returned to Lessee. Lessee shall not
rave Ilo! right io apply the Security Deposit in payment of the last month's rent.
21. ATTORNEYS FEES: In case suit should be brought for recovery of ti,e premises, or for any sum due hereunder, or because of any act which may arise out of the
Il. .. I... ,ir,n of the premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee.
22. WAIVER: No failure of Lessor to enforce any term hereof shall be deemed to be a waiver.
23. NOTICES: Any notice which either party may or is required to give, shall be given by mailing the same, postage prepaid, to Lessee at the premises, or Lessor at
tho address, shown below, or at such other places as may be designated by the parties from time to time.
24. HOLDING OVER: Any holding over after the expiration of this lease, with the consent of Lessor, shall be construed as a month-to-month tenancy at a rental of
$ 500.00 ........ ........... ._.... --............ ....... .... .................. ...................... ......... per month, otherwise in accordance with the terms hereof, as applicable.
25. TIME: Time is of the essence of this lease.
26. HEIRS, ASSIGNS. SUCCESSORS: This lease is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties.
27. TAX INCREASE: Int the event there is any increase during any year of the term of this lease in the City, County or State real estate taxes over and above the amount
sl .,r( 11 t&(!-, .,�,se%sed for the tax year during which the term of this lease commences, whether because of increased rate or valuation, Lessee shall pay to Lessor upon
rrr.,errtation of pair) lax bills an amount equal to ..% of the increase in taxes upon the land and building in which the leased premises are situated. In the
yr nl lh•d mich taxes are assessed for a tax year extending beyond the term of the lease, the obligation of Lessee shall be proportionate to the portion of the lease term
rnr.luded ill such year.
!8. Ki:iver of Relocation Assistance Benefits - Lessee hereby waives any and all rights to
relocation assistance benefits set forth in California Government Code Section 7260 et seq.,
as amended.
29. Possessory Interest - Lessee recognizes and understands that this lease may create a
possessory interest subject to property taxation and that the lessee may be subject to
the payment of property taxes levied on such interest.
30. Prior Lease - This agreement replaces in its entirety a previous Common Lease and Deposit
Receipt approved by City Resolution 5531 on August 7, 1978.
31.. R.,rssee reserves right to terminate lease effective ninety (90) days from written notice to
terms -nate.
EN I GREEMENT: The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. The following
I ril,rt, it a have been made a part of this lease before ttre parties' execution hereof: . ................................................................... ............
�? The undersigned Lessee hereby acknowledges receipt of a copy hereof.
DATED ....... November ...................................1982 .............
Ng1RIN LUMBER INC
[IV
...... ............ ... .............. Agent
...- ...... ... Address
. ............Phone
.......Lessee
.. ....... ---- .. -----•............................... ............
By:
-------------------Le Is
i
15 Jordan`"Street, San Rafael 94901 Address
456-4962
..................... ....................... — .............._............................... _................................. Phone
ACCEPTANCE
1111 uodvr•.i1,.n1-d Ie,,or accepts the foregoing offer and agrees to lease the herein described premises on the terms and conditions herein specified. The Lessor agrees
to 11.1y I., ..... .. ........................................................... ................................... the Agent in this transaction,
.
ill • •.11111 lit '6 ( ............................... I....... ...........DOLLARS)
for .e.rvices rendered and authorizes Agent to deduct said sum from the deposit received from Tenant. This agreement shall not limit the rights of Agent provided for in
,my li:,tlrnl; or other agreement which may be in effect between Owner and Agent. In the event Tenant shall purchase the properly from Owner prior to tine expiration
of thi-• Ie:1se, Owner agrees to pay the Agent a salgs commission of ............................% of the sale price.
The undersigned Lessor hereby acknowledges receipt of a copy hereof.
November 1982
DATED:.... ............................................... .........
noneOwner's Authorized Agent City Of San Rafael Lessor
By ................Lessor
Address .......... ....--.......--.....- . .
LAWRENCE E. MULRYAN, Mayor
P.O. Box 60, San Rafael 94915
Phone Address
485-3070
r. ........ I-- ...................... Phone
..... 7t,