HomeMy WebLinkAboutResolution No. 6349 (1313 Fifth Avenue Lease Agreement)RESOLUTION NO. 6349
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL PROVIDING FOR THE LEASE OF
PUBLIC REAL PROPERTY AT 1313 FIFTH AVENUE TO
THE SAN RAFAEL REDEVELOPMENT AGENCY
The City of San Rafael, hereinafter referred to as City, does
hereby declare, find and determine that:
1. WHEREAS, it has been determined that certain public real
property at 1313 Fifth Avenue is not required for public purposes at
this time; and
2. WHEREAS, the public interest could best be served by entering
into a Lease Agreement, a copy of which is attached as Exhibit "A" and
reference is incorporated herein; and
3. WHEREAS, Article III, Section 12 of the City Charter provides
that leases of five (5) years or less and/or lease where the total rent
is Six Thousand Dollars ($6,000) or less need not be approved by ordinance;
and
4. WHEREAS, staff finds this project to be categorically exempt
under CEQA guidelines, pursuant to Section 15111, Division 6, Title 14
of the California Administrative Code, Accessory Structures.
NOW THEREFORE, the City takes the following action:
RESOLVED, the City Council of the City of San Rafael determines
that this project is categorically exempt under CEQA guidelines, pursuant
to Section 15111, Division 6, Title 14 of the California Administrative
Code, Accessory Structures.
RESOLVED FURTHER, the Mayor of the City of San Rafael is directed
and authorized, in the name of said City, to sign said Lease Agreement
referenced as Exhibit "A" with the San Rafael Redevelopment Agency to
carry out the lease upon the terms and conditions as set forth in the
aforementioned Lease Agreement.
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
the sixth day of July , 1982, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
���Lv AL JMNE M. LEONCINI, City Clerk
COM --RCIAL LEASE AND DEPOSIT R EIPT
San Rafael Redevelopment Agency
qECEIVED-FROM........................... .............................. . ................................................... ....................................................................................................................................... .......
.......................................................................................................................... . ....... 1-11-- ................................................................................. hereinafter referred to as LEiSEE,
he sum of $ ......... ( .. o.r.I.Q .._and-- a ....... ............................................................................................... ..
.... .... DOLLARS),
.............................. ........
,videnced by ....................................... . ........................................... , as a deposit which, upon acceptance of this lease, shall belong to Lessor and shall be applied as follos:
RECEIVED PAYABLE PRIOR TO OCCUPANCY
0— _T__
$ ------------------------- -----------------
lent for the period from ............................................................ to ....... ....................... . . _ ........................ $ ....................................................
— 0 — . ...................... $ 0 —
.ast .......................... month's rent ................................................. $ ............................ . ................... ...........................
security deposit ..................................................... I . . . . . . . . $__ 0 0
.................................................. $ ..................... -111 ........................
3ther ...................................................................... $• -------- 0 - — ---------------------------------- $------------- 0
"
0 — ----0
0 "' . ........................
'OTAL ..................................................................... $------- -- - ---------------------------------- $ .............
In the event that this lease is not accepted by the Lessor within ...................2.Q.. .. .............. ............... business days, the total deposit received shall be refunded.
Lessee hereby offers to lease from Lessor the promises situated in the City of ------..................... Ra..__.-_..--.._fae1 ......... County of Marin
.... .............................................................
,late of, ........ Calif.Q.1:.niA .................. described as .....approximately .... square feet ofoffice space at
.................................... 11 ....... I ........... . . ... ............. ................... .......
two off—street parking
. ............... .......... .................................................
Fifth Avenue as Der .diagram attached, .including .......................................................... ._ ....... . � .........................................
ls. ........---•-•-••--......----•--------•••---------------........................... ............................ ----------------------------------------
....................... ............................ — .................................. . .............
-- ------------------- * .. ....
tpon the following TERMS and CONDITIONS: 19� ... December 31 82
1. TERM: The term hereof shall commence an ..............................y -.............l 1 . ......... _.8.2 and expire on 19_... .
1.., -1 _._.__._ ......... _ ------ 11__ enti§
2. RENT: The total rent shall be $........4, 3.80 . 00 ble as follows:.. -.six... consecutive _ monthly . . ni . s ..... a m ..............
- ... ... J. ...
.... ..
of ..... $730.00 commencing YuTy .............. I V92 . ... ... ... ....
........... ........ ... ................................ . g—'111-1.111 . .... �I�E ........... ___ ....... ...... ...... ....... ........... ....................••........................ ... .......... ___.•-•-•-_ ---- - ---
.................................................................... ...... .................... ...... ......... ... . ........ ........ . ......... ......... ........... ... ...... ........... ...... _ ......
.................................. .......... ...... ............ ... ___ ... ........................... .. .................................................................................................................................................................
................. I .......................... ................................................ ......................... ------ ...................................-------------••------•-................... . ----------------- --- - --------------------------------------------
All rents shall be paid to Owner or his authorized agent, at the following address :.... -........1400 Fifth Avenue , San Rafael , CA 9 4901
... -Fifth --------------- ---- _ ......................................
. ......................... I .......................................... ... .............. ...........I..... ......... ....... ............. _____ -------------- __ ---- ----------- ...............................................
lr at such other places as may be designated by Owner from time to time.
3. USE: The premises are to be used for the operation of .....................San Rafael Redevelopment Agency office
............ ................................................................................. ................................. ................................
' . ------------------- * ................ — ................ * ......... * ............ * ..................... * ....... ------------------- ------- .................. * ---------------------------------------------------------------------------------------------------------
3nd for r 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 be made or permitted
io be made upon tile premises, nor acts done, which will increase the existing rate of insurance upon the property, or cause cancellation of insurance policies covering
said property. Lessee shall not conduct or permit any sale by auction on the premises.
;. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the Lessor, which
,hall not be unreasonably withheld. Any such assignment or subletting without consent shall be void and, at the option of the Lessor, may terminate this lease.
5. ORDINANCES AND STATUTES: Lessee shall comply
npIv with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force,
ir 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 state or
edefal 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 repair, unless otherwise indicated herein. Lessee shall,
.it his own expense and at all times, maintain the premises in good and safe condition, including plate glass, electrical wiring, plumbing and heating installations and any
ether 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. Lessee
,hall be responsible for all repairs required, excepting the .................. r.o.of ..... and _d .... wa.1.1-s ... ....... . ............. ----..1............- ........
................ .... ............ . -1 ..... .. --• ..... . ..... . ... ............ ................. ..... ... ..... .... ...... .. ............ ............. . ............ .....................
..,hi ch shall be maintained by Lessor. Lessee shall also maintain in good condition such portions adjacent to the premises, such as sidewalks, driveways, lawns and shrub-
)ery, 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 substantial repair, improve-
!iient, 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 liens.
8. ENTRY AND INSPECTION: Lessee shall permit Lessor or Lessor's agents to enter upon the premises at reasonable firnes and upon reasonable notice, for the
mrpose of inspecting the same, and will permit Lessor at any time within sixty (60) clays prior to the expiration of this lease, to place upon the premises any usual "To
el" or "For Lease" signs, and permit persons desiring to lease the same to inspect the promises 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, occurring on the demised
Illefilises 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 caused thereby,
ior 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 is not deliv-
2red within .................... days of the commencement of the term hereof.
I I. INSURANCE: Lessee, at his expense, shall maintain plate glass, public liability and property damage insurance insuring Lessee and Lessor with minimum coverage
as follows:...............$.5
0._.__for ...
. ................................. ...................... ................................................... ......... ........................... I .......... .... ......... .. ...-•-•-•--------•......................................... .
Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured. The Certificate shall provide for a ten-day written notice to Lessor in
tire 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 and all
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 services delivered to the
promises.
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 without the
prior written consent of Lessor which consent shall not be unreasonably withhold.
14. ABANDONMENT OF PREMISES: Lessee shall not vacate or abandon tile premises at any time during the term hereof, and if Lessee shall abandon orvacate the
premises, or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee left upon the premises shall be deemed to be abandoned, at the
')lion 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 occupation here-
,inder, this lease shall, as to the part taken, terminate as of the date the condemnor acquires possession, and thereafter Lessee shall he required topay such proportion
of the rent for file remaining term as the value of the premises remaining bears to the total value of the premises at the date of condemnation; provided however, that
may at his option, terminate this lease as of the date the condemnor acquires possession. In the event that the demised premises are condemned in whole, or that
Such portion is condemned that the remainder is not susceptible for use hereunder, this lease shall terminate upon the date upon which the condemnor acquires possession.
All sums which may be payable on account of any condemnation shall belong to the Lessor, and Lessee shall not be entitled to any part thereof, provided however, that
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 the term hereof shall belong to the Lessor, except trade fixtures of the Lessee. Lessee
may, upon termination hereof, remove all his trade fixtures, but shall repair or pay for all repairs necessary for damages to the premises occasioned by removal.
17. DESTRUCTION OF PREMISES: In the event of a partial destruction of the premises during the term hereof, from any cause, Lessor shall forthwith repair the
same, provided that such repairs can be made within sixty (60) days under existing governmental laws and regulations, but such partial destruction shall not terminate
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 the making of
sorb repairs shall interfere with the business of Lessee on the premises. If such repairs cannot be made within said sixty (60) days, Lessor, at his option, may make tl�e
same within a reasonable time, this lease continuing in effect with the rent proportionately abated as aforesaid, and in the event that Lessor shall not elect to make
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 costs thereof,
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 may be situated shall
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 the 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 shall make a general assign-
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 this lease by Lessee.
— PROFESSMAL
I 011M 107 46-3-74) (DcoryroCoT, 069, By PROFESS10t SAU RAFAt-L, CALIFOW11A -903 PURUSHIOG
FS21CORPORainon
A
19. REMEDIES *OF OWNER ON DEFAULT: In the event of any breach of this lease by Lessee, Lessor, besides other rights and remedies he may have, shall have th,
immediate right of re-entry and may remove all persons and property from the premises. Such property may be moved and stored in a public warehouse or elsewhere a
the cost of, and for the account of Lessee. Should Lessor elect to reenter, or should he take possession pursuant to legal proceedings or any notice provided by law, h
may either 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 b.
for a term 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 (leer
advisable 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 olhe
amounts due 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 sucl
reletting, but 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 fron
such reletting shall be applied first to the repayment of indebtedness other than rent due hereunder, second to costs and expenses of reletting and alterations or repairs
and third to the payment of rent due 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
clue and payable. Lessee shall be credited only with rent actually received by Lessor. Lessee shall, in such event, pay any deficiency between the amount due from Lesse
to Lessor and the amount credited.
No such re-entry or taking possession by Lessor shall be construed as an election to terminate this lease unless written notice of such intention is given, or unles
termination be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Lessor may at any time thereafter elect to terminal,
this lease on 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 recove
from Lessee 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
or at the time of an award if 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 thf
rental loss 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 the Lessee's obligations hereunder. Lessor may, but shall not be obligate.
to, apply 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 nn
have the right to apply the Security Deposit in payment of the last month's rent.
21. ATTORNEYS FEES: In case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of any act which may arise out of th
possession 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 a
the 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 tine consent of Lessor, shall be construed as a month-to-month tenancy at a rental r,•
$....... ...... 7-3 Q,.-Q_Q............................................................................................................................. 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: In 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 amour
of such taxes assessed for the tax year during which tile,, term of this lease commences, whether because of increased rate or valuation, Lessee shall pay to Lessor upo
presentation of paid tax bills an amount equal to ..... nil ............. ,o of the increase in taxes upon the land and building in which the leased premises are situated. In th
event that such 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 teri
included in such year.
28. Option to Extend: Lessor grants Lessee right to extend terms of lease
for period of six months to June 30, 1983 at same monthly rent, other
terms and conditions to remain in force.
ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. The followin
Exhibits, if any, have been made a part of this lease before the parties' execution hereof: ..... ........... ............................. ..... .................... ... ......... 1.11 ... I— ........... ..
.............. ............................................................................ ............... ..................................... ........................................................................................ ....—.....................
The undersigned Lessee hereby acknowledges receipt of a copy hereof.
July 1, 1982
DATED------ --------------------------------------- ----•...............
. ..Agent
..................................................... Address
.......................................................... --- -- ------ ......... . Phone
By......... .. .......... ...................
San Rafael Redevelopment Agency Lesse
7....... C ....... .................,......
By: Lesse
RC7BI; T....F` EYE ..........
P.O. Box 60
------ - -----•San...Rafae%; •-.CA......4�_1.5......... •• ..................Adores
456-1112
.............................................................................. Phon
ACCEPTANCE
The undersigned Lessor accepts the foregoing offer and agrees to lease the herein described premises on the terms and conditions herein specified. The Lessor agree,
to pay to .. .....................................NIA ......................... ................. , the Agent in this transaction
the sum of $ ( ........... .... .. ........ . ...... DOLLAR'
for services 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 .
any listing or other agreement which may be in effect between Owner and Agent. In the event Tenant shall purchase the property from Owner prior to the expiratir
of this lease, Owner agrees to pay the Agent a sales commission of .............................°o of the sale price.
The undersigned Lessor hereby acknowledges receipt of a copy hereof.
... ... Owner's Authorized Agent
DATED:..... ..........................
.......................................................
.
CITY OF SAN RAFAEL
..............
................................................................Less
B... ....'...
............................
Less,
LAWRENCE E.
MULRYAN, aycr
14 C 0 Fifth
..-1 -• ...............•••-••• -• ................
Avenue .........
.................... ---••--....................
..Addre.r.
San Rafael,
CA 94915
456-1112
pilon,