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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. r J, tri is'" R "Vey of This fD informatic-'I d.shown by dat rec0l-' &M IM ORM=