HomeMy WebLinkAboutCC Resolution 4535RESOLUTION NO. 4535
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 CLERIC are authorized to execute,
on behalf of the City of San Rafael a lease or agreement with
McKeon Construction Company - Option to Purchase Property at
Canal Street and Kerner Boulevard
a copy of which is hereby attached and by this reference made
a part hereof.
1, 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 rgqi,lar meeting
of the Council of said City held on Monday the l,th
day of July 19_73, by the following vote, to -
with.
AYES: COUNCILMEN: Jensen, Mulryan and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon and Mayor Bettini
MARION A. GRADY - City Clerk
1' I
OPTION AGREEMENT
THIS AGREEMENT, made this day of �9,0_ C H , 1974,
by and between the CITY OF SAN RAFAEL, a municipal corporation,
hereinafter referred to as "City", and McKEON CONSTRUCTION CO.,
INC., a California corporation, hereinafter referred to as "Seller".
W I T N E S SE' T H:
WHEREAS, Seller is the owner of the fee to real property as
set forth in Exhibit "A", attached hereto and made a part hereof
by reference; and
WHEREAS, City claims an easement over and across said real
property for street and highway purposes; and
WHEREAS, City desires to acquire the right to purchase said
property at an agreed price and under the specific terms and con-
ditions set forth hereafter.
NOW, THEREFORE, it is agreed as follows:
1. Seller hereby grants to City the exclusive right to pur-
chase the property at a price and under the terms and conditions
as set forth hereafter.
2. This option shall be for a period of one (1) year, com-
mencing on July 1, 1973, and terminating on June 30, 1974.
3. The purchase price for said real property shall be the
sum of Thirty-five Thousand Dollars ($35,000.00).
4. During the period of this option, to -wit: July 1, 1973
to June 30, 1974, the City shall pay all taxes and assessments
for the year said option is in effect.
5. City shall have the right to fill, grade and improve said
real property for parks and recreation purposes during the period
of this option.
6. Said option shall not be exercised except at the expiration
1.
of the one (1) year period provided for herein and shall be exer-
cised by notifying Seller in writing of City's intent to exercise
said option, no later than ten (10) days prior to the expiration
of this option.
7. In the event this option, or any extension thereof, is
not exercised, all improvements placed upon said property shall
become the property of Seller.
8. Upon exercise of the option as provided for herein, Seller
shall immediately execute, acknowledge and deliver to City an instru
ment by which. Seller shall convey to the City all of its right, title
and interest in and to the within described real property and City
shall accept said instrument subject to real property taxes then due
and the balance owing of assessment No. 147 Bond No. 130 of East
San Rafael District 02, but not subject to a deed of trust dated
December 16, 1971 by McKeon Construction to Continental Auxiliary
Company in the amount of $1,285,680.00, recorded on December 27, 1971
in Book 2528 of Official Records at Page 662. Seller shall provide
Purchasers with the partial reconveyance on the above described deed
of trust.
9. If City fails to exercise this option in accordance with
its terms and within the option period or any extension thereof,
then this option and the rights of the Seller shall automatically
and immediately terminate without notice. Thereafter, City agrees
that it will properly execute, acknowledge and deliver to Seller,
within .moo days of request therefor, a release or any other docu-
ment required by Seller or a title insurance company to verify the
termination of this Option Agreement.
10. Neither City nor Seller may assign this Agreement.
11. Unless otherwise provided herein, any notice, tender, or
delivery to be given hereunder by either party to the other may be
effected by personal delivery in writing or by registered or certified
2.
mail, postage prepaid, return receipt requested, and shall be deemed
communicated as of mailing. Mailed notice shall be addressed as
set forth below, but each party may change his address by written
notice in accordance with this paragraph.
City of San Rafael
City Hall
1400 Fifth Avenue
San Rafael, California 94901
McKeon Construction Co., Inc.
1050 Northgate Drive
San Rafael, California 94903
12. Upon exercise of the option as provided for herein, Seller
shall deliver said property to City, free and clear of all liens
and encumbrances, save and except those matters set forth in paragraph
8 above.
13. This instrument contains the entire agreement between the
parties relating to the option herein granted. Any oral represent-
ations or modifications concerning this instrument shall be of no
force and effect excepting a subsequent modification in writing,
signed by the party to be charged.
14. In the event of any controversy, claim or dispute between
the parties hereto, arising out of or relating to this Agreement or
the breach thereof, the prevailing party shall be entitled to recover
from the losing party reasonable expenses, attorney's fees, and costs.
15. This Agreement shall bind and inure to the benefit of the
respective heirs, personal representatives, and successors of the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Option
Agreement the day and year first above written.
CITY OF SAN RAFAEL, a municipal
corporation- ,
C. PAUL BETTI I, Mayor
ATTEST;
�
MARION A. GRADY
City Clerk
F2
McKEON CONSTRUCTION CO., INC.,
a Califgrnia fio�porat
All the land situated in the City of San Rafael, County of ?Marin,
State of California, described as follows:
That portion of the former Bay Counties Railway rights of way, as
described in a Deed from J. L. Flood to Bay Counties Railway Company,
a corporation, recorded December 5, 1907 in Book 112 of Deeds at nage
177, bounded on the Northwest by the Southeasterly line of Lot "R"
as shown on the "Flap of East San Rafael, ?Sarin Co., Calif." filed
January 21, 1908 in I -lap Book 2 at page 109; on the Southeast by the
Northwesterly line of Lot 11 in Block 19 and the Northwesterly line
of East Railroad Avenue as shown on said ?lap; on the Southwest by the
Northeasterly line of Sonoma Street as shown on said Map; and again
on the Northwest by the Southerly line of the parcel of land conveyed
to the City of San Rafael, a municipal corporation, by Quitclaim Deed
recorded March 3, 1920 in Book 211 of Deeds at page 388, Marin County
Records.
EXCEPTING THEREFROM the portion conveyed to Eleanor S. Walsh by Deed
recorded June 3, 1968 in Book 2215 of Official Records at page 406,
Marin County Records.
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