HomeMy WebLinkAboutResolution No. 4982RESOLUTION NO. 4982
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
Marin Municipal Water District - Renewal of Parking Lot Lease - 2nd and
Grand Avenues in San Rafael on a month to month basis commencing on the
Ist dayo uy, 1975.
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 16th day of June ,
19 75 , by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
MARION A. GRADY - City Cler
0
LEASE
THIS LEASE, made and entered into this 12th clay or hIlle, 1974, by and
between 1MARIN MUNICIPAL WATER DISTRICT, a Public Corporation, hereinafter
referred to as "District", and the CITY OF SAN I:AFAEL, hereinafter referred to as
11C,itIj It
WITNI:SSL`I 11
Tll;lt District, ror and ill COIlsiclerillion of the rails, covenants and promises
IlerCiil.IftCr rontaiiled, does hereby lease to City, the City hereby leases from District,
all that certain property more particuldrly described in Exhibit "A" attached llert:t0 .incl
made a part hereof.
PAftTILS iII;Itt:`IO DO illil'1:13►' A(PRI4 AS FOL -LOWS
1. fhe term c)1 this lease is for one )ear, conlnlerlcing upon Ihlw I'll, clay or
July, 1074. and expiriclg liPull file 30th dal or Jule, I975.
2. As consideration of this lease, City shall pay to District the suns or Two
[fundred Sc�cnty-Five Dull.u-s ($275.00) per month 11;lyable in a(Ivarlce to District.
3. T.11e Ic.isC(I l;rcnlises sh..11 be 11sLd by C'itti solely a% .1 CA- pouf t;_•rmin,il
parkin",, tut fir general p'lrhul;; lot.
4. Fototnat C'or11orafioli leases from District a driVC-011 1111010 dispcnsi;lg
operation c.iu said premises. The City aCknuwlcdre5 N,,Lil of Co11ies or Futulllal'.� month
to Illoiltll teilancy abiVenimt and al -rets to perlllit FOtoillal Corponition to Conlimic to
OCC(II)V and Use thOs:: Ilni'tio lls 01 file lC.lse premises contract,'d loi' Under their agreements
with the District. District a—grees 10 relOCate Fotomat's c�.isting structure rrom its present
location to a location as shown oil Cite plat attached hereto and labeled "Exhibit B",
at Districts expense.
5. The City sh.11l not be entitled to .ltly portion of rent paid to the District
by Foloniat Corl)oraton cls Part of the terms cd' their agilelllelll with The District.
(i. The City ut no cost to Distriei shall construct pai illi areas gild appurtenant
racilities for the utilization 01' the Ie,ls,: plvlllisc�; as a car {pool lerminal and parking lot.
nllall submit t0 District, fcir i)iylri� l', }Ilruval, a set of I;lans showing (hose
llllpwl cnlcrlis runtcin11lalcd by ('It\ 111101, to Ctellstrileiioll thcre0l
7. City shall be solely responsible for the mallltvilailce or the facilities gild
ert;u;l(Is cold :hall keep said I}renliscs In "C' Ll ciln(litic);l .i':?cl I I ir. City Shall bear all
0OSt5 of ti.I11lC all(l All CO;,tS of St11;111.) ii-it"ittilillcS tO the 1}1':.'l1lISLS.
b, City shall .11 Its scale ;.cast :ii: a e .Il('llt,' conlpl; Willi •111 requirements (if
all Municipal. State and Federal auth0riti,�s 'now til rc;rcc, or which may hereafter be in
hirci'. City shall raithhilly observe all ,`.lunicillal Ordin-,mces gild '11,Ite and Federal Statutes
clow in l'orCc or which inay hercartcr be in klrcc-
9. City shall permit District and its agents to enter into and upon said premises
at all reasonable times and for the purpose of inspecting the same or for the purpose
of posting notices of noel -liability for alterations, addrhons or repairs, or for the purpose
or plaeing upon the property any usual or ordinary "For Sale" sign, without any rebate
of rent to the City for any loss of occupation or quiet enjoyment or premises thereby
occasioned; anis shall permit the District to place upon said premises any usual or ordinary
"To Let", or no Lease" signs.
10. City shall not assign this lease, lir any illwi-nl therein, and shall not sublet
the premises !tor :lily part thereof or any right or privilege appurtenant thereto, or suffer
any other person (the agents and servants of City excepte(l) to occupy or use said premises,
or any portion thereof', without the written consent coif I)istrict first had ;ttld obtained.
Rental of parking space shall not be construed as a subletting under this I.:ase.
1 1. Any fees collected by City for rental of parking spuces on the lease premises
shall in no way effect the hereinabove agreed upon nle nthly considerulion to be paid
to District by City under this lease.
11 CAQ, us part of the consideration to lic rendered to Distrla. hereby wanes
all claims against District for damages to equipmerlt, ►chides and other pees HMI properly
A. upon lir about said premised and for injuries to an!. persons in lir ahout said premises,
from :lily cause arising at any tinge. and City will hold District harmless from any damage
or injury to :illy person ;!t'i ng from the use of the prculLes h5 the City lir arising Crum
the f:ulure of the City to keep the, premises in good condition or repair.
13. if City fails to maintain and operate said pr,:nii:,Cs for car 11001 terminal
or pal -king tut ill accordance with the terms of this IeaaC, or should City abandon the
premises, District may immediately re -cuter said prenlises a!ld all inr11rAcmenls upon s:rid
property shall immediately become the property of District and all rights of City under
this lease, including the right 10 pnssessi0n, shall inullCLiJ1,dN lernlirlate.
14. City shall be responsible for :old carry fire in,urance un I,ly and all
equipment, vehicles and other personal property WON upon the premise,.
15. City agrees to hold District free from loss, damage or expense in any way
arising or occurring on account of any claim lir Ckiims for damages made by any person
or persons on account of injuries to persons or Imaperly sustained lir alleged t0 have
been sustained upon or about the demised premises, :old in this behalf, City agrees iu
continuously maintain and pay for throughoul the terns here()[', Public Liability Insurance
written by a reputable insilraneC L0111pally lI0int'! bllSilWSS in the State of California and
insuring both the District and the City in amounis not less than $ 00,000 combined single
limits, or nut Ins shale 05M),000 for injury to of IN dead, of one peru011, and subject
to that limitation, not less than $21100,0110 Or i[!j:.rlcs it) lir the death ,A more than
one person and not less than $300,600 for property damage- Sueh insurance coverage
shall specifically name klarin Municipal Water Distrto t is an additional insured with the
City :Ind shall provide that said coverage is prilllarI mAl Uwderlying I Isurall A' lu LIN'
Instlr!nce carried by the District :u,fd that aa,, insurliik.e L.1111ed by Ih,: t shall be
excess to any insurance prodded by the to cover the District under this paraera11h.
I�urtllwith. upon the Csecutl0n of this lease and I-IClclre the Ic,,sc shall continence, CRY
shall su111`11�= to and leave with the DiSt1'li.l, a C01Py of 1,11,:1 insurance poll -.:y and`or
e:1lh)r CInCllt Mauling the District .Is ars addilion;ll instlred- Said policy lir -endorsement
pnnided by (Ay shall specify that any execs NOW contained in the (Ity's policy
notwithstanding. the coverage provided thereunder is primary and underlying to any
insurance carried by the District and any insurance carried by the District shall be excess
to ugly insurance provided Under the policy.
City shall also supply and leave with District a certificate by the insurance company stating
that the insurance has been issued and is ill good stunding, and that said policy shall
not be cancelled without thirty (30) days notice in writing to District.
16. The parties acknowledge the pendoUcy of the certain action clllitled Marin
Municipal V,uter District versus State of Califor►lia. et al.. Magill County' Superior Court
Action No. 49577, and the claims and counterclaims asserted therein. The obligations
of the City. IlCl'cUndet', shall not be affected by any determination respecting title Or
OWllli,llip WhlLll may be nutde in said LhAiorl, or as a result of the nullters ulieged therein.
The parties further acknowledge that the use of said land provided in this lease is not
the highest or best use of the demised prVnliscs.
17. In any legal action arising out of or reklt.d to this arreelllcilt. the prevailing
early shall b,� awarded a reasilnalile attoriley''s fee to be dctLrnlincLI by the court.
18. All notices to be given to the Cily clay be given in Writillg, personally
or b5 depositing the sable in the United States Mail, postage prepaid and addressed to
City of San Rafael City 1-1 'ill. 1400 Fifth Stre;t. Sun 1211-acl. C'alif'ornia, whether or not
City has departed 01el'ctl'0111; and :illy notices to District may be mailed, postage prepaid,
and addressed to the District in care of Attorney Tom '1'horner, P.O. Rog 4118, San
Rafael, California 94903.
IN \VITN1'SS WHEREOF, the parties hc['ettl hale c ,cc:lt.il this i:•1�c the dad
Auld year first above written,
CHY OF SAN RAI, AfL I
Ci ty
i
Attest. ��•.1�i.�., ., c' Vit` C.
N11,UiN MUNICIPAL WA I ER DIS RIC'i'
_ r _
IT
Dist rig t
.Attest
EXHIBIT "A"
DESCRIPTION OF LEASE AREA
Those lands of the Marin Municipal Water District situated in the City of San
Rafael, County of Marin bounded on the North by the South line of Second Street; on
the East by the West line of Grand Avenue; on the South by the North line of the San
Rafael Canal; and on the West by the Easterly line of the parcel described in the decd
to Harmon -Managers recorded in Book 2294 of Official Records at Page 625, Marin County
Records.