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
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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.
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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.
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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
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"City"