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.