HomeMy WebLinkAboutResolution No. 5452RESOLUTION N0. 5452
RESOLUTION AUTHORIZING AGREEMENT WITH
SHELL OIL AT LINCOLN 8 SECOND STREETS
WHEREAS, on November 5, 1962 the City of San Rafael, here-
inafter referred to as City, entered into a lease that is filed
with the City Clerk in file 2-8-12, hereinafter referred to as Lease,
with the Shell Oil Company, a Delaware Corporation, hereinafter re-
ferred to as Shell; and
WHEREAS, said Lease provides that Shell has an option to
renew the lease for a period of five (5) years past the expiration
date of March 16, 1978; and
WHEREAS, Shell notified City by certified mail dated Septem-
ber 8, 1977 that the option was being exercised; and
WHEREAS, the Lease provides, inter alia, that the monthly
rent during the option period shall be a sum equal to One -Twelfth
(1/12) of seven percent (70) of the appraised value of the land
only as determined by three (3) disinterested appraisers, but in no
event shall the monthly rental be less than the rental paid during
the preceding original term; and
WHEREAS, Shell has submitted the following Agreement refer-
enced as Exhibit "A" and attached hereto; and
WHEREAS, City staff has reviewed same; and
WHEREAS, the City, by Resolution No. 5422 adopted on Febru-
ary 21, 1978, agreed in principle to this Agreement.
NOW, THEREFORE, BE IT RESOLVED, the City Council does hereby
authorize the Mayor and City Clerk to execute the attached Agreement
referenced by Exhibit "A".
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 City Council of
said City on Monday , the 17th day of April , 1978,
by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN:None
ABSENT:COUNCILMEN:None
A-
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A&CM. LEONCINI, City Clerk
EXHIEF A
AGREEMENT AMENDING LEASE
THIS IS AN AGREEMENT dated March 1, 1978 between CITY
OF SAN RAFAEL of the City Hall in San Rafael, California (here-
in called "Lessor", whether one or more), and SHELL OIL COMPANY,
a Delaware corporation with offices at 1660 South Amphlett
Boulevard in San Mateo, California (herein called "Shell");
AMENDING the Lease dated November 5, 1962 between
Lessor and Shell, covering Premises located at the Southeast
corner of Second Street and Lincoln Avenue in San Rafael, County
of Marin, California, which is recorded by Memorandum in
Official Records, Book 1636, Page 116, in the Office of Recorder
of that County.
I. Effective as of March 17, 1978, article 2. Term of
the lease is amended to read and provide, in its entirety, as
follows:
2. TERM. The term of this lease shall begin
on the date the Premises are delivered to
Shell, cleared and with title satisfactory
to Shell and all licenses and permits in force
and effect, as hereinafter provided, or on
May 1, 1963, whichever shall first occur, and
shall end fifteen (15) years after the date of
completion of Shell's construction of an auto-
mobile service station on the Premises, but
not later than fifteen (15) years and ninety
(90) days after said beginning date. Shell
shall have an option to extend the term of this
Lease for one (1) additional period of five (5)
years on the same covenants and conditions as
herein provided. Shell may exercise its option
to extend this Lease by giving Lessor notice at
least one hundred fifty (150) days prior to
the expiration of the original term of this
Lease. If Shell does not exercise its option
to extend, the term shall be automatically ex-
tended from year to year, on the same covenants
and conditions as herein provided, unless and
until either Lessor or Shell terminates this
Lease at the end of the original term or the
then -current extension period or any subsequent
year; by giving the other at least thirty (30)
days' notice.
II. Effective as of March 17, 1978, article 4. Appraisal
of the Lease is deleted therefrom and shall have no further
force or effect.
III. The Lease, as hereby amended, is ratified and
continued.
IV
This Agreement shall bind and benefit Lessor's
successors and assigns, and Shell's successors and assigns.
EXECUTED as of the date first herein specified.
APPROVED S TO FORM:
By By
ty At orne , Mayor, City of an Ra ae
City ofSa afael
Attest: ,
ity C er ,
City of San Rafael
SHELL OIL COMPANY%%%%%%
// r
By L/v
V. t, i or ,
San Francisco District Manager
STATE OF CALIFORNIA
) SS.
COUNTY OF SAN MATEO
On this 14th day of March , 19 73 , before me,
SUSAN CAROL FISH
, a notary public in and for said County and
State. residing therein, duly commissioned and sworn, personally appeared
V. K. CLIFFORD , known to me to be the SAN FRANCISCO DISTRICT MANAGER
of SHELL OIL COMPANY , the corporation that executed the within
Instrument, and acknowledged to me that such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
My Commission expires:
Notary Public
OFFICI!' SPL
SUSAN! CAROL FISH I
NOTARY PUCLIC-CALIFORNIA
Principal Office in Si,N MA"EO county
My Commission Expires Nov. 16, 1981
rry
MEMORANDUM OF LEASE
A S A M E N D E D
THIS INDENTURE, made and entered into this lst day
of March, 1978, by and between CITY OF SAN RAFAEL of the City
Hall in San Rafael, California, hereinafter called "Lessor"
(whether one or more) and SHELL OIL COMPANY, a Delaware
corporation with offices at 1660 Amphlett Boulevard, San Mateo,
California, hereinafter called "Shell".
W I T N E S S E T H
That for the term and upon the terms and conditions
set forth in Service Station Lease dated November 5, 1962 be-
tween CITY OF SAN RAFAEL to SHELL, as amended by Amendment dated
March 1, 1978, the Lessor has leased, and hereby leases Shell
the following described land situated at the Southeast corner
of Second Street and Lincoln Avenue in the City of San Rafael,
County of Marin, State of California;
PARCEL ONE
BEGINNING at the point on the Sou�herly line of
Second Street distant thereon South 83 40' East
15.00 feet from the Westerly line of the lands des-
cribed in the Deed from John W. Mackay, et al to
City of San Rafael recorded October 26, 1898 in Book
53 of Deeds at Page 282 in the Office of the Recorder
of the County of Marin, State of California, said
Westerly line being described in said Deed as "the
Easterly line of Petaluma Avenue"; running thence
South 83° 40' East along said line of Second Street
113.048 feet; thence leaving said line of Second
Street Sguth 53 09' 30" East 53.981 feet; thence
South 39 20' West 96.098 feet to a line drawn paral-
lel with and perpendicularly distant 108.00 feet
Southerly from paid Southerly line of Second Street;
thence North 83 40' West along said paral;el line so
drawn 122.218 feet to a line drawn South 6 20' West
from the intersection of said line of Second Street
with aforesaid Westerly line so described �n said
Deed to City of San Rafael; thence North 6 20' East
93.00 feet to a point; thence Northerly, North-
easterly and Easterly along the arc of a curve to
the right tangent to the preceding course at last
said goint, having a radius of 15 feet and a central angle
of 90 00' a distance of 23.562 feet to the point of
beginning.
RESERVING THEREFROM, an Easement unto the City of San
Rafael for the maintenance of a sanitary sewer under
a strip of land 10 feet wide, lying 5 feet on each
side of the following described center line:
Beginning at a point on the Southerly line of
Second Street distant thereon South 83 40' East
86 feet from the Westerly line of the lands des-
cribed in the Deed from John W. Mackey, et al to
City of San Rafael recorded October 26, 1898 in
Book 53 of Deeds at Page 282 in the Office of the
Recorder of the County of Marin, State of California,
said Westerly line being described in said Deed as
"the Easterly line of Petaluma Avenue"; running,
thence South 53 09' East 89.4 feet more or less, to
the Southeasterly line of the lands above described.
PARCEL TWO
An Easement, for the term of this lease, over
the following described parcel: Beginning at a point
on the Soutgerly line of Second Street distant there-
on South 83 40' East 128.048 feet from the Westerly
line of the lands described in the Deed from John W.
Mackay, et al to the City of San Rafael recorded
October 26, 1898 in Book 53 of Deeds at Page 282 in
the Office of the Recorder of the County of Marin,
State of California, said Westerly line being des-
cribed in said Deed as "the East8rly line of Petaluma
Avenue"; running then&e South 53 09' 30" East 53.981
feet; thence North 39 20' East 7 feet more or less
to the Southwesterly line of Francisco Blvd. (formerly
Toll Road); thence Northwesterly along said line of
Francisco Blvd. 43 feet more or less t the Southerly
line of Second Street; thence North 83 40' West
along said line of Second Street 11.052 feet more or
less, to the point of beginning; for the purposes of
ingress and egress, by Shell, its lessees and its and
their licenses and invitees, to and from the Premises
adjoining the above described Premises on the South;
together with the right to construct, maintain, re-
place and remove a floodlight pole and a driveway on
the easement Premises. Neither Lessor nor Shell shall
park vehicles in or obstruct the easement Premises or
permit the parking of vehicles in or any other ob-
struction of the easement Premises by its lessees or
licensees.
EXECUTED as of the date first herein written.
Apprgs to Form
B0
ity Att
City of San Rafael
CITY OF SAN RAFAEL
By "A,
Mayor, City o ..an Rafatl
Attest:
[,,City Clerk
City of San Rafael
SHELL OIL COMPANY
By
V, c o
San Francisco District Manager
tf
STATE OF CALIFORNIA )
SS.
COUNTY OF SAN MATEO
On this 14th day of March , 19 78 , before me,
SUSAN CAROL FISH , a notary public in.and for said County and
State, residing therein, duly commissioned and sworn, personally appeared
V. K. CLIFFORD , known to me to be the SAN FRANCISCO DISTRICT MANAGER
of SHELL OIL COMPANY , the corporation that executed the within
instrument, and acknowledged to me that such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
My Commission expires:
OFFICIAL SEAL
SJSAM Chi^0I. FISH
NOTARY PU3LIC-CAL!FOANIA
Principal Office in SAN h A, EO county
My Commission Expires Nov. 16, 1931
Notary Public