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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.