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Resolution No. 5564
RESOLUTION NO. 5564 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING LEASE AGREEMENT FOR PROPERTY AT 522 B STREET (A.P. 13-061-40) The City of San Rafael, hereinafter referred to as City, does hereby find and determine that: 1. WHEREAS, the City owns that property at 522 B Street, A. P. 13-061-40; and 2. WHEREAS, the City Council of the City of San Rafael finds it in the best interest of the City to enter into an interim rental agreement; and 3. WHEREAS, NTRON Electronics has agreed to pay the City the sum of Eighty -Eight Thousand Five Hundred Dollars ($88,500) for a period of sixty (60) months, as per lease agreement described in Exhibit "A" attached hereto. NOW, THEREFORE, the City takes the following action: RESOLVED, the Mayor of the City is hereby authorized to sign the lease agreement, referenced as Exhibit "A" attached hereto, with NTRON Electronics, for the City -owned property at 522 B Street, San Rafael, (A.P. 13-061-40). 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 members of said Council held on the sixth day of November , 1978, by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mi skimen, Mul ryan, Nixon and Mayor Betti ni NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None JEfrNdE M. LEONCINI, C ty Clerk 0 R � G dIl�A L 55�a CON ERCIAL LEASE AND DEPOSIT K EIPT RECEIVED FROM ..............NTRON-II RCS ...................................... hereinafter referred to as LESSEE, thesum of $.. _la ...................... ......:.............................. ...:.......................................... :qW.-W...---•--..DOLLARS), evidenced by_____________________________________________________________________________________ as a deposit which, upon acceptance of this lease, shall belong to Lessor and shall be applied as follows: RECEIVED PAYABLE PRIOR TO OCCUPANCY Rentfor the period from............................................................ to............................................................ $.................................. --.......... -. $----------------- -------------------------------••- Last_ 1, 500.-•-... month's rent ................................................. ...... � 50Q.00 _ _ ------------------------------------------------ Securitydeposit..............................................................$-------------- ---------- ------ -----$.......------------•--------------------------•----- Other......................................................................$------- -------------------_----_----------_$---------------- ---------------------•--•--------- TOTAL................................................ .... .... $-------1, 500.00 ----------- $ ---------------------------------------------------- In the event that this lease is not accepted by the Lessor within _.___fifteen (15) business days, the fatal deposit received shall be refunded. Lessee hereby offers to lease from Lessor the premises situated in the City of ---- San Rafael County of --- Marlll_______________________..__.__----- - State of, ..California............... described as ... 522 ..B" Streee (A.P. 13-061-40) ......... ..... ........................................ - - - -••---•----•-•---••-•--•--•--....._..-•--------------•----------........ upon the following TERMS and CONDITIONS: 1. TERM: The term hereof shall commence on..... r__1 .................................1 19..78, and expire on __ __30 1983 2. RENT: The total rent shall be $..._881500.00 ......................... payable as follows: .cons�1tive monthly ��11TMts of Fifteen ............... Ht>nd>:?er1 Dollars ($1r 500.00 king Ja�?uarY__1, .1979 - arxl -thereafter _until the _rent total has .Hundred been__paid in -full -or cancelled as hereinafter ..................................................... the _intent _of _City__to waive December l r ...19'73. -installment in - consideration - o - certain --_unspecified _ leasehold imtprovr snents necessary 'for occupancy.----------•---- -----•-•••-•---••---• .-••--••-----•----------------•--••-•-----•--•--•-•••---••-•----•- --••• --- . --• •• •-•--. All rents shall be paid to Owner or his authorized agent, at the following address: ---- C3_t of San Rafael, P.O. Box 60, San Rafael,- ---------------------• California 94902 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------............. or at such other places as may be designated by Owner from time to time. y 3. USE: The premises are to be used for the operation ofelectronics assembly facilit-----------------------------•-------...................-----------....-..-----.-.-.-.----•-----•-----•-----------------------------------•--•- ...-------- - - - - - and for 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 to be made upon the 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. S. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the Lessor, which shall 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. 6. ORDINANCES AND STATUTES: Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or 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 federal 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, at 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 other system or equipment upon the premises and shall surrender the�samme. ermi onn here , �iood condition as received, normal wear and tear excepted. Lessee shall be responsible for all repairs required, excepting the--- ........ -..................................................................................................................................................................................... ----------------------------------------•-------•---•------------......--------------...-...........--------------....................................... ............... --------------------------------------------------------- which 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- bery, 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- ment, 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. B. ENTRY AND INSPECTION: Lessee shall permit Lessor or Lessor's agents to enter upon the premises at reasonable times and upon reasonable notice, for the purpose of inspecting the same, and will permit Lessor at any time within sixty (60) days prior to the expiration of this lease, to place upon the premises any usual "To Let" or "For Lease" signs, and permit persons desiring to lease the same to inspect the premises 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 premises 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, nor 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- ered within .................... days of the commencement of the term hereof. 11. INSURANCE: Lessee, at his expense, shall maintain plate glass, public liability, and property damage insurance insuring Lessee and Lessor with minimum coverage as follows:.. ......... $100,000 �opexty damage, $300,000 public liability ............................------------ ...---------------------------------------------- -----•-----•----•----------------•-•---------- -•--------------------------------------------------------------------------------...... ------------------------------------------------------------------•---------...---------------------------------------------- ------------------------------------------------------- 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 the 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 premises. 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 withheld. 14. ABANDONMENT OF PREMISES: Lessee shall not vacate or abandon the premises at any time during the term hereof, and if Lessee shall abandon or vacate 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 option 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- under, this lease shall, as to the part taken, terminate as of the date the condemnor acquires possession, and thereafter Lessee shall be required to pay such proportion of the rent for the 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 Lessor 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 such 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 the 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. PROFEFORM 107 (6-3-74) ©COPYRIGHT. 1969. BY PROFESSIONAL PUBLISHING CORP., 122 PAUL DRIVE, SAN RAFAEL, CALIFORNIA 94903 BIA ` CORPORaTm 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 the 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 at the cost of, and for the account of Lessee. Should Lessor elect to re-enter, or should he take possession pursuant to legal proceedings or any notice provided by law, he may either terminate 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 be 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 deem 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 other 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 such 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 from 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 due 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 Lessee 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 unless ,ermination be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Lessor may at any time thereafter elect to terminate is lease on account of such previous breach. Should Lessor at any time terminate this lease for any breach, in addition to any other remedy he may have, he may recover m 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 the 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 obligated 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 not 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 the 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 at the address shown below, or at such other places as may be designated by the parties from time to time. 24. VE An ho din over a ter th ex irati n f t i leas ith ffi e t f ss shall be construed as a month-to-month tenancy at a rental of el or fi+�ifnip `f $ -------------------------------------- _____--__------___--------------------- ............. .------- ---------- .----------------- .---.__- er mon , 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 amount of such taxes assessed for the tax year during which the term of this lease commences, whether because of increased rate or valuation, Lessee shall pay to Lessor upon presentation of paid tax bills an amount equal to ..... IGO .............. % of the increase in taxes upon the land and building in which the leased premises are situated. In the 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 term included in such year. 2B. Canmllatim - This lease shall be a fim ca1+x lt�ert for 24 -gonths *hereafter either party 1ti>ay cancel by givi>xr 120 anys notice to the other provider',r_, tri I:essor aha31 have the right to cancel only for purposes of converting this property to usee syranamus with the general purposes of Albert Pik arill for no ocher reason. 29. Waiver of r1 elocation Assistance Penefits - Lessee hereby waives any ane. all rights to relacati.on assistance b is set in California Govt. CXxl-- Sec. 7260 et seer. , as amended. 30. PossesM Interest - Lessee recognizes ar>Id uncle rstalnds that this leasee mwy crate a possessory interest subject to praaerty taxation arty? that the lessee may be subject to the paymnt of property taxes levied cn such interest. ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. The following Exhibits, if any, have been made a part of this lease before the parties' execution hereof: ......................................... . .... . .... . ............... .... ............ -___-_---..--_-.---______..____....._______________ The undersigned Lessee hereby acknowledges receipt of a copy hereof. Santa Clara Valley Mortgage Ccrm_xvq 53. Co ell Avenue, Larkspur, CA .- .................................. -.......... -..... .................................................... Address 924-7977 or 924-3382 T ve-111=er , 197? DATED: ......................................................................... ....... °•T 4 =RO CIS .................... ...................... -..... .......... -................................................................. Lessee ------------------------------------------------------------------Lessee 361 A Third Street Sap. Rafael, Califorrda 94901 ............. ........... ................................. ------------------------------..------------------------.Phone ACCEPTANCE The undepjeeyptvilli of a e the herein described premises on the terms and conditions herein specified. The Lessor agrees to pay to.........-2-0.7�.;;M-..._.....�__��__�-Sew--.Bo1�s.._...... +�Wvldn this transaction, thesum of $ ------------------------------------ (-------------------------•------------------------------------------....-......---------------------------------------------------------------------------------------------......------------------------------DOLLARS) 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 in any listing or other agreement which may be in effect between Owner a 1 Agent. In the event Tenant shall purchase the property from Owner prior to the expiration of this lease, Owner agrees to pay the Agent a sales commission of ______________________________% of the sale price. The undersigned Lessor hereby acknowledges receipt of a copy hereof. Santa Clara valley Mrtgage Authorized Agent 51 Cornell Ate, larkapur, CA ........... -..... .................................. -................ ...................................................... Address 924-7977 ........ -.... -.... -.... -............................ -.......... -........................................................... Phone 8y--------------------------------------------------------------------------------------------------------- )fix , 1978 DATED: ....... _............................................................................ City of San P-afael ---------------•----------Lessor • P.O. enc 60, San P,afael., CA 94902 ----•-••---•----••...........................-.....-----•-•------•---••--•------------------------------..----._Address (415) 456-1112