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HomeMy WebLinkAboutCC Resolution 4587RESOLUTION NO. 4587 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OP 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 The Roman Catholic Archbishop of San Francisco (nptinn_areement) 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 15th day of October 19 73 by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Jensen and Mulryan. MARION A. GRADY City Clerk i , 611NAL Agenda Item #17 OPTION AGREEMENT At THIS AGREEMENT, made this day of 1973 by and between the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "City", and THE ROMAN CATHOLIC ",_RCH- BISHOP OF SAN FRANCISCO, a corporation sole, hereinafter referred to as "Seller". W I T N E S S E T H WHEREAS, Seller is the owner of real property situated in the County of Marin, State of California, and more particularly described in Parcel A of Exhibit "A", which is attached hereto and by this reference made a part hereof, being a portion of St. Isabelld's Church in the City of San Rafael, County of Marin, State of California, owned by THE ROMAN CATHOLIC ARCHBISHOP OF SAN FRANCISCO, a corporation sole; and WHEREAS, the parcel A of Exhibit "A" referred to above shall hereinafter be referred to as "the property"; and i WHEREAS, City desires to acquire the exclusive right to pur- chase, without becoming obligated to purchase, the property at an agreed price and under specified terms and conditions; and WHEREAS, the parties desire to enter into this Option Agreement for the purchase and sale of said property. 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, commenc- ing on the date of execution of this Option Agreement. 3. This option is granted in consideration of City's payment to Seller of the sum of $10.00 in cash. 1. 4. If this option or any extension thereof is exercised in accordance with its terms, then the consideration paid Seller by City shall apply to the purchase price. Said purchase price shall be for a sum not to exceed $49,350.00. 5. In the event this option or any extension thereof is not exercised, all sums paid and services rendered to Seller by City shall be retained by Seller in consideration of the granting of this option. 6. If City is not in breach of this Agreement, it may exer- cise this option by delivering to Seller, its written notification of said exercise. Seller shall then immediately execute, acknowledge, and deliver to City its deed to the within described property. 7. 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 30 days of request therefor, a release or any other document re- quired by Seller or a title insurance company to verify the termin- ation of this Option Agreement. 8. Neither City nor Seller may assign this Agreement. 9. 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 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 ad- dress by written notice in accordance with this paragraph. City of San Rafael The Roman Catholic Archbishop Citv Hall of San Francisco, a corporation 1400 Fifth Avenue 445 Church Street San Rafael, Calif. 94901 San Francisco, California 2. r 10. Upon exercise of the option as provided for herein and delivery of the deed to the within property, said property shall be free and clear of all liens and encumbrances. 11. Seller agrees that a permit for water meter which has been issued by the Marin Municipal Water District will be trans- ferred to City upon exercise of this Option. Any monies previously paid by Seller for said permit shall be included in the total purchase price as set forth herein. City and Seller agree that the fair market value of the water connection heretofore obtained is $5,775.00. 12. 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. 13. 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 re- cover from the losing party reasonable expenses, attorney's fees, and costs. 14. 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 By C. PAUL BETTINI, Mayor ATTEST: ic/Lc-civ /.f /r��-��• __ MARION A. GRADY, City CIr THE ROMAN CATHOLIC ARCHBISHOP OF SAN FRANCISCO, a corporation sole By 3.