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HomeMy WebLinkAboutResolution No. 5110RESOLUTION NO. 5110 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 DWIGHT SPURGEON FOR RENTAL OF "KIOSK" BUILDING ON THE SOUTH SIDE OF FOURTH STREET BETWEEN HETHERTON AND IRWIN STREETS. 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 19TH _ day of _APRIL 19 76 , by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None MARION A. GRADY - City Cler Ci R I G I N A'L AGREEMENT THIS AGREEMENT is entered into this _�/�day of Mic , 1976, between the CITY OF SAN RAFAEL, a municipal corporation, here- inafter called "City" and DWIGHT SPURGEON of Third and Tamalpais, San Rafael, California, hereinafter called "Spurgeon". W I T N E S S E T H WHEREAS, City is the owner of a small redwood six -sided building located on the south side of Fourth Street between Heatherton and Irwin Streets and hereinafter referred to as "kiosk"; and WHEREAS, Spurgeon wishes to rent said building from City for the purpose of bus transportation ticket sales only; and WHEREAS, City is desirous of renting said kiosk to Spurgeon. IT IS HEREBY AGREED AS FOLLOWS: 1. City hereby rents to Spurgeon and Spurgeon hereby rents from City Kiosk for the sum of $50.00 per month, payable in advance on the 1st day of each and every month during the period of said rental. 2. The term of this Agreement shall be for a period of one year commencing on the 1st day of March, 1976, and continuing to and including the last day of February, 1977. The first and last month's rental is payable in advance. 3. Nothing contained herein however, shall prevent City or Spurgeon from rescinding this Agreement for the rental of said Kiosk upon giving the other party 30 days' written notice. 4. The use of said Kiosk by Spurgeon shall be limited to the sale of bus transportation tickets only. There shall be no sale of confections, cigarettes, or other items. 5. For the duration of this lease, lessee is entitled to use parking space 24 A located immediately adjacent to the Kiosk. 6. Spurgeon shall have the option to renew this Agreement upon notifying the City in writing 30 days prior to the expiration of this Agreement and said renewal shall be on the same terms and condi- tions, save and except rental which shall be negotiable and acIreed upon by the parties. - 1 - 7. There shall be no alterations, additions, painting, or remudeling without the express permission of the Parks Department of City. 8. City shall be responsible for the repair and maintenance of thu exterior walls and roof. 9. Spurgeon shall be responsible for all repair and main- tenance of the interior of said Kiosk and the windows and any glass that is necessary to replace shall be of the same type and quality as presently exists. 10. There presently exists in said Kiosk newspaper vending machines which shall be used by the respective owners rent free as the owners have purchased these boxes and are complying with the City's request to remove them from the street. IN WITNESS WHEREOF the parties have hereunto set their hands the year and day first above written. Attest: MARION A. GRADY, City Clerk Approved as to Form: � ARRY i,.7'CONNICK,cCity-Attorney .L C l c �: Gt.. • ..--- DW HT SURGEON CITY OF SAN RAFAEL, a municipal corporation M 2 C. PAUL BETTINI, Mayor