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HomeMy WebLinkAboutResolution No. 5708RESOLUTION NO. 5708 RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CI'T'Y OF SAN RAFAEL HEREBY RESOLVES as follows: The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, a lease or agreement with CINCO PROPERTIES for completion of handicapped access facilities at 36 Professional Center Parkway a copy of which is attached hereto, marked Exhibit "A", and incor- porated herein by this reference. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on -the 18th day of June _A, 1979 , by the following vote, to wit: AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner and Nixon M. LEONCINI, City C IMF, 9111 r AGREEMENT FOR OCCUPANCY OF OFFICE BUILDING AT 36 PROFESSIONAL CENTER PARKWAY, SAN RAFAEL, CALIFORNIA THIS AGREEMENT made and entered into this 18th day of June , 1979, by and between the CITY OF SAN RAFAEL, a muni- cipal corporation hereinafter referred to as "CITY" and CINCO PROPERTIES, a partnership hereinafter referred to as "OWNER". W I T N E S S E T H: WHEREAS, a building permit was issued for the construction of an office building located at 36 Professional Center Parkway, San Rafael, California; and WHEREAS, the approved plans called for the construction of a ramp to provide access for the physically handicapped as required by the California Health & Safety Code; and WHEREAS, the building was constructed and completed without the construction of said ramp; and WHEREAS, the CITY would not issue an occupancy permit until said ramp was constructed; and WHEREAS, OWNER has requested occupancy of said building; and WHEREAS, OWNER has proposed to post a $25,000 performance bond to insure completion of any work required to provide access for the physi- cally handicapped; and ,.% WHEREAS, OWNER has stated that all required work will be completed within 90 days from the date of this agreement; and WHEREAS, the City Council on June 18, 1979 approved OWNER'S request to occupy said building subject to execution of an agreement between CITY and OWNER for completion of handicapped access facilities within 90 days, and the posting by OWNER of a $25,000 performance bond; NOW, THEREFORE, in consideration of the mutual covenants and agree- ments contained herein, the parties hereby agree as follows: 1. Upon execution by OWNER of this agreement, CITY will allow occupancy of office building located at 36 Professional Center Parkway, San Rafael, California. c 2. OWNER will complete all required handicapped access facilities work at said office building within ninety (90) days of the date of this agreement. 3. OWNER will deposit a performance bond in the amount of $25,000 with CITY to guarantee completion of said handicapped access facilities within the time specified herein. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: ill.aa.u,� I City Attorney -2- CITY OF SAN RAFAEL May r CIICO PROPERTIES 10