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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- y4k2�=�- 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