Loading...
HomeMy WebLinkAboutResolution No. 5317RESOLUTION NO. 5317 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY 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 David Boyd, for Construction and Maintenance of a Fire Weather Station on his property at 185 E1 Cerrito, San Rafael, California, a copy of which is hereby attached and by this reference made a part hereof. I, MARION A. GRADY, 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 held on Monday the 1977, by the following vote, to wit: 4/77 20th day of June AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini MARION A. GRADY - City C1 k AOVVVMVMM THIS AGREEMENT made and entered into this day of (� 1977 by and between the CITY OF SAN RAFAEL, a municipal cor ration, Marin County, California, hereinafter called "City" and DAVID BOYD, 185 El Cerrito, San Rafael, Marin County, California, hereinafter called "Boyd", WITNESSETH: WHEREAS, the City intends to construct a fire weather station for forecasting fire behavior characteristics during the fire summer season; and WHEREAS, the weather station must be located in an environ- ment approximating actual fire conditions; and WHEREAS, the property owned by Boyd located at 185 El Cerrito, San Rafael, California provides such an environment; NOW, THEREFORE, the City and Boyd, in consideration of their mutual covenants, agree as follows: Boyd Agrees as Follows: 1. Boyd agrees to allow City to construct and maintain a fire weather station on property owned by him located at 185 El Cerrito, San Rafael, Marin County, California. Said weather station shall cost approximately Five Hundred ($500.00) Dollars and shall be constructed and maintained at no cost to Boyd; 2. Boyd agrees to allow members of the San Rafael Fire Department access across his land to construct, maintain, and monitor said fire weather station; 3. Boyd agrees that said fire weather station shall be constructed and maintained solely at the discretion of the City of San Rafael Fire Department. - 1 - .Y c 1. 2. 3. City Agrees as Follows: City agrees to construct and maintain a fire weather station at an approximate cost of Five Hundred ($500.00) Dollars on property owned by Boyd, located at 185 E1 Cerrito, San Rafael, Marin County, California; City agrees that said fire weather station shall be constructed, maintained and monitored in such a manner as not to cause damage or injury to surrounding property or buildings; Upon termination of this Agreement, for any reason, City agrees to remove said fire weather station and leave the land upon which the station was located in a condition comparable existing prior to construction of said station. Hold Harmless'Agreement The City hereby agrees to, and shall indemnify and save harmless Mr. David Boyd and members of his family (Boyd) from any and all loss, damage, liability, expense, claims, suits, and demands of whatever character incurred by City directly or consequently arising out of or in connection with the construction, maintenance, and mon- itoring of said fire weather station. Termination Provisions It is the understanding and agreement between City and Boyd that said fire weather station shall be maintained and monitored by the San Rafael Fire Department indefinitely. In the event that either party wishes to terminate this Agreement, such termination may be effected by sending written notice to the other party. All duties, rights and obligations under this Agreement shall terminate sixty (60) days following receipt of such written notice. - 2 - Interpretation of Agreement This is the entire Agreement between the parties and there are no agreements or representations between the parties except as expressed herein. Attest: MARION A. GRADY, !C�jtyt�Cler Approved as to Form: ARRYKA.Q402�, City Attorney D D B D "Boyd" CITY OF SAN RAFAEL By &�tv e4$0� C. PAUL BETTINI, Mayor - 3 - "City"