HomeMy WebLinkAboutResolution No. 5434RESOLUTION NO. 5434
AUTHORIZING THE SIGNING OF A LEASE AGREEMENT
WITH THE SAN RAFAEL YACHT CLUB
WHEREAS, the City of San Rafael, hereinafter referred to
as City, has title to property located on the San Rafael Canal,
adjacent to and west of the turning basin, San Rafael, California;
and
WHEREAS, the San Rafael Yacht Club, hereinafter referred
to as Yacht Club, has a lease on a forty (40) feet by one hundred
seventy-five (175) feet parcel of property at the above referenced
location, said lease due to expire March 31, 1978; and
WHEREAS, Yacht Club wants to exercise their option to re-
new the lease for a period of five (5) years at a rental mutually
acceptable to City and Yacht Club; and
WHEREAS, City has an independent fee appraisal of the above
referenced property indicating a fair market rental of Three Hundred
Twenty Five Dollars ($325.00) per month; and
WHEREAS, a lease referenced as "Exhibit A" attached has been
prepared setting forth all terms and conditions;
NOW, THEREFORE, the City Council of the City of San Rafael
hereby:
RESOLVES, that the Mayor and City Clerk are authorized, on
behalf of the City of San Rafael, to execute the lease as described
in "Exhibit A" attached hereto.
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 20th , of March 1978, by the
vollowing vote,to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
ANNE M. LEONCINI, City Clerk
ORR�i AL
AGREEMENT OF LEASE
The CITY OF SAN RAFAEL, a municipal corporation of Cali-
fornia, hereinafter referred to as "Lessor", hereby leases to
the SAN RAFAEL YACHT CLUB, of San Rafael, California, hereinafter
referred to as "Lessee", for a term of five (5) years, commencing
on the lst day of April, 1978, and terminating on the 31st day of
March, 1983, a certain parcel of unimproved land approximately
forty (40) feet by one hundred seventy-five (175) feet in size,
located on the San Rafael Canal, west of the turning basin, and
north of and adjacent to the Richfield Oil Company plant in San
Rafael, California, being the westerly portion of A.P. 14-152-27.
Lessee agrees to pay the sum of Three Hundred Twenty -Five
Dollars ($325.00) per month, or a total of Three Thousand Nine
Hundred Dollars, ($3,900) per annum, payable annually, commencing
on April 1st, 1978, and each and every year thereafter until
April lst, 1982.
As a further consideration of said Lease, Lessee agrees
to maintain during the entire term of this Lease, landscaping and
planting as set forth on that certain Landscape Plan submitted and
approved by the.Planning Department of the City of San Rafael, and
referred to as that certain Plan prepared by Donald T. Crown, pro-
posed Planting and Landscaping Plan for the San Rafael Yacht Club,
received by the San Rafael Planning Department, on April 3, 1973.
Providing further, however, that in addition to said Plan, the San
Rafael Yacht Club shall plant two (2) trees of the fifteen (15) gal-
lon size, the type and place of planting of said trees to be deter-
mined by the Planning Director of the City of San Rafael in the
field. All of said work provided for herein shall be completed
within one hundred eighty (180) days,of the execution of this Agree-
ment.
Lessee shall continue to maintain a float upon said premises,
adequate and suitable for the mooring of pleasure boats, and with
access therefrom to the public streets, and to permit said float
to be used, without charge, and by the public generally, for the
transient mooring of visiting pleasure boats, and maintain an ade-
quate sign inviting the public to so use said float without charge.
Both Lessor and Lessee shall have the option of terminating
said Lease, without cause, upon giving Lessee at least three hun-
dred sixty (360) days' written notice of exercise thereof.
Lessee covenants and agrees not to use said demised prem-
ises for any purpose or purposes other than a non-profit yacht
club, not to sublease the said premises, or any part thereof, or to
assign said Lease without written consent of Lessor first had, and
not to commit any waste thereof.
Lessee covenants and agrees to immediately secure and main-
tain and pay premiums for the entire term on a policy or policies
of insurance, naming Lessor as co-insured, against liability for
bodily injury and property damage in a sum not less than $300,000.
Any improvements erected upon said premises shall remain
the property of Lessee and will be removed from said premises prior
to termination of the Lease; provided, however, that no improvements
shall be so removed at any time while Lessee is in default of the
terms of said Lease.
Lessee agrees not to change the grades of said land at any
time, without the written consent of Lessor first had.
IN WITNESS WHEREOF, the parties have set their hands this
31st day of March , 1978.
ATTEST:
M. LEONCINI, City Clerk
APPROVEI'AS TO FO
Y Al CQIt:<, City Attorney
LESSOR:
CITY OF SAN RAFAEL
By &OOIZJ ezaL
C. PAUL BETTINI, Mayor
LESSEE:
SAN RAFAEL YACHT CLUB
By
Ma