HomeMy WebLinkAboutResolution No. 5138RESOLUTION NO. 5138
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
COUNTY OF MARIN - LEASE OF CIVIC CENTER FIRE STATION SITE
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 6TH _ day of JULY ,
19 76 , by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
MARION A. GRADY - City Cle
ORIGIIN, A {_
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AGENDA ITEM N0. 3
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this day of ,
1976, by and between the COUNTY OF MARIN, hereinafter referred to as "LessorY,
and the CITY OF SAN RAFAEL, hereinafter referred to as "Lessee", for use of
certain property owned by Lessor,
W I T N E S S E T H:
WHEREAS, County Service Area No. 19, Lessor and Lessee have mutually
executed a contract entitled "Agreement for Fire Protection Services In and
Around County Service Area 19", hereinafter referred to as "Contract"; and
WHEREAS, under terms of said Contract, Lessee has agreed to provide
fire protection services to areas within the boundaries of County Service Area
No. 19 and also to the adjacent unincorporated areas of the San Pedro penin-
sula; and
WHEREAS, pursuant to Contract, Lessee has agreed to construct a City
Fire Department substation upon property owned by Lessor,
NOW, THEREFORE, in consideration of the mutual promises and covenants
hereinafter contained, the parties hereby agree as follows:
I. Lessor hereby leases to Lessee that certain property situate in
San Rafael, more particularly described in Exhibit A attached, for a period of
thirty (30) years, pursuant to Section B-1 of Contract, commencing on the 1st
day of July, 1976, and terminating on June 30, 2006.
2. Lessee shall pay -rent in the sum of One Dollar ($1.00) per annum
for use of said property. Said rent shall be payable in advance to the County
of Marin, c/o Auditor -Controller, Civic Center, San Rafael, California 94903,
upon execution of this Lease Agreement.
3. Lessee shall construct a City Fire Department substation upon the
property described in Exhibit A attached, in accordance with the terms set forth
under Section A-1 of Contract.
4. Lessee shall adequately maintain said substation and property
landscape and maintain the remainder of the property described in Exhibi t A
attached, for the entire term of this Lease Agreement.
5. Lessee shall hold Lessor harmless from any liability arising from
use of the aforesaid premises during the term of this Lease Agreement.
6. In the event of non -renewal of Contract, and Lessor or County
Service Area No. 19 exercises option to acquire full title to the fire station
improvements pursuant to Section E of Contract, this Lease Agreement shall
terminate.
7. Upon completion of this Lease Agreement after expiration of the
thi rty (30) year lease period, if option to acqui re f re station improvements
is not exercised by Lessor or County Service Area No. 19, in accordance with
the provisions of Section F of Contract, title to the leased property shall vest
with Lessee subject to the condition that said property continues to be•used as
an active City Fire Department substation.
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agree-
ment the day and year first above written.
ATTEST:
ATTEST:
Clerk
Clerk
COUNTY OF MARIN
By
Chairman of the Board of Supervisors
CITY OF SAN RAFAEL
By
Mayor
-2-
CIVIC CENTER
FIRE STATION SITE
BEGINNING at the most northerly corner of the parcel described in the lease
to the United States of America recorded in Book 1462 of Official Records
at Page 75, said corner being a point in the boundary of the Marin County
Civic Center; thence along said boundary according to the survey thereof
recorded in Book 12 of Surveys at Page 77 North 44° 39' 09" West 54.20 feet,
North 450 20' 51" East 212.49 feet and North 44° 39' 09" West 100.00 feet;
thence leaving said boundary South 450 20' 51" West 263.92 feet to a point
in the general easterly line of Civic Center Drive as said Drive is described
in Resolution 9195 of the Marin County Board of Supervisors adopted
January.17, 1967; thence along said easterly line on a curve to the right,
having a radius of 475 feet and whose center bears South 70° 50' 32" -West,
through a central angle of 4° 09' 28" a distance of 34.47 feet;
thence South 150 00' East 27.95 feet; thence along a tangent curve to the
left having a radius of 500 feet through a central angle of 90 45' a
distance of 85.08 feet; thence South 240 45' East 23.61 feet to a point in
the northwesterly line of the aforesaid lease to the United States of
America; thence along said northwesterly line North 450 20' 51" East 124.86 feet
to the point of beginning.
Exhibit A