HomeMy WebLinkAboutCC Resolution 4436RESOLUTION NO. 4436
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RE-
SOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute,
on behalf of the City of San Rafael a lease or agreement with
William 0. Berry - 4th St. between Hetherton and Irwin Sts ',kiosk"
a copy of which is hereby attached and by this reference made
a part hereof.
I, MARION A. GRADY, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and re-
gularly introduced and adopted at a regular meeting
of the Council of said City held on Monday the 5th
day of March 19 73 , by the following vote, to -
with.
AYES: COUNCILMEN: Jensen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
MARION A. GRADY - City Clerk
RENEE BUR D11550 - D,:p; q Ciky Deck
NAL
AGREEMENT
i )
THIS AGREEMENT is entered into this Lday of ///'C2 ,
1973, b etween the CITY OF SAN RAFAEL, a municipal corporation, here-
inafter called "City", and WILLIAM 0. BERRY of 35 Rafael Drive, San
Rafael, California, hereinafter called "Berry".
W I T N E S S E T H:
WHEREAS, City is the owner of a small redwood six -sided build-
ing located on the south side of Fourth Street between Hetherton and
Irwin Streets and hereinafter referred to as "kiosk"; and
WHEREAS, Berry 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 Berry.
IT IS HEREBY AGREED AS FOLLOWS:
1. City hereby rents to Berry and Berry hereby rents from City
Kiosk for the sum of $25.00 per month, payable in advance on the lst
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 lst day of March, 1973, and continuing to and in-
cluding the last day of February, 1974. The first and last month's
rental is payable in advance.
3. Nothing contained herein however, shall prevent City or Berry
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 Berry shall be limited to the sale
of bus transportation tickets only. There shall be no sale of con-
fections, cigarettes, or other items.
5. Berry 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 conditions,
save and except rental which shall be negotiable and acreed upon L -v
the parties.
• p.
6. There shall be no alterations, additions, painting or
remodeling without the express permission of the Parks and Recre-
ation Department of City.
7. City shall be responsible for the repair and maintenance
of the exterior walls and roof.
8. Berry shall be responsible for all repair and maintenance
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 pres-
ently exists.
9. 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.
10. It is understood and anticipated that Berry desires a tele-
phone and bulletin board. These shall be negotiated with the Golden
Gate Transpor La L- Lon D -i. s L.r .c L- di.roc l-Jy by Berry. llnwrvc,r, , the location
of the installation of said telephone or telephones and bulletin
board shall be subject to prior architectural approval by the Parks
and Recreation Department of City.
IN WITNESS WHEREOF the parties have hereunto set their hands
the year and day first above written.
:7
1-7
WILLIAM 0. BERRY
Attest;
GI r
MARION A. GRADY
Citv Clerk
2.
CITY OF SAN RAFAEL, a municipal
corporation
By
C. PAUL BETTINI, Mayor