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HomeMy WebLinkAboutCC Resolution 11572 (Fire Station 3 Rental Agr.)RESOLUTION NO. 11572 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE, A MONTH-TO-MONTH RENTAL AGREEMENT WITH BRUCE MARTIN, FIRE CHIEF FOR FIRE STATION NO. 3. WHEREAS, the City Council of the City of San Rafael by Resolution 11197 has established a policy to provide housing assistance to certain Department Directors whose residence in the City will facilitate the efficient and effective operation of the Emergency Operations Center in times of emergency; and WHEREAS, the City of San Rafael has recently employed Bruce Martin as its Fire Chief and, consistent with its policy to have all safety department heads reside within the City limits, City desires Fire Chief to reside within the City limits; and WHEREAS, City desires to provide financial assistance in the form of a home loan to Fire Chief to facilitate his purchase of a residence within the City limits; and WHEREAS, Fire Chief, while searching for a suitable residence within the City, desires to temporarily rent a residence in City; and WHEREAS, City owns a vacant fire station, Fire Station No. 3, which the City has not actively used since 1990; and WHEREAS, City is willing to temporarily rent Fire Station No. 3 to Fire Chief and Fire Chief is willing to temporarily rent same from City at market rate on a month-to-month basis. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby approves a month-to-month rental agreement with Bruce Martin, Fire Chief, for Fire Station No. 3 and authorizes the City Manager to execute said agreement, a copy of which is attached hereto and incorporated herein as Exhibit "A". I, Jeanne M. Leoncini, 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 San Rafael City Council held on the 21 st day of June, 2004, by the following vote to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None JE M. LEONCINI, City Clerk ORIGINAL RENTAL AGREEMENT This Rental Agreement is entered into and shall be effective on August 1, 2004, by and between the CITY OF SAN RAFAEL ("Landlord"), a Chanter City organized and existing under the laws of the State of California and Bruce Martin and Tammy Martin ("Tenant"), husband and wife, who agree as follows: WHEREAS, Landlord has recently employed Tenant Bruce Martin as its Fire Chief and, consistent with its policy to have all safety department heads reside within the City limits, desires Fire Chief to reside within the City limits; and WHEREAS, Landlord intends, under a separate agreement, to provide financial assistance in the form of a home loan to Tenant so as to facilitate Tenant's purchase of a residence within the City limits; and WHEREAS, Tenant has for several months been unsuccessful in locating a residence to purchase within the City limits; and WHEREAS, Tenant, while searching for a suitable residence within the City, desires to temporarily rent a residence in San Rafael; and WHEREAS, City owns a vacant fire station, Fire Station No. 3, ("Premises" herein) which has been unused since 1993, which City is willing to rent to Tenant; and WHEREAS, Tenant is willing to temporarily rent Premises from City at market rate on a month-to-month basis. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: DESCRIPTION OF PREMISES Landlord hereby rents to Tenant and Tenant hereby rents from Landlord the Premises, including building and grounds, commonly known as Fire Station #3, located at 30 Joseph Court, San Rafael, as is more particularly described on Exhibit "A", attached hereto. 2. TERM The term of this Rental Agreement shall commence on August 1, 2004, and shall continue thereafter on a periodic tenancy, month-to-month unless and until terminated. 3. RENT Tenant shall pay to Landlord as monthly rent, without deduction, setoff, prior notice, or demand, the sum of $1,000 per month in advance on the first day of each month, commencing on August 1, 2004 and continuing monthly thereafter during the term of this Agreement. 4. UTILITIES In return for Tenant's care taking and maintenance activities with regard to the Premises, City shall pay all utilities, including electricity, gas, sewer, water and refuse collection but shall not pay telephone and/or cable utilities. Tenant shall pay any and all charges to the Premises for telephone and/or cable utilities. 5. LATE CHARGES If any installment of rent or any other sum due from Tenant is not received by Landlord within five (5) days after such amount is due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. 6. USE OF PREMISES, OPERATIONS Tenant will use the Premises solely for the purpose of his personal residence with his family. Tenant shall not use nor permit the use of any part of the Premises for any other purpose without the Landlord's prior written consent. Tenant understands, acknowledges and agrees that Landlord will continue to store certain surplus Fire Department vehicles and equipment on the Premises during the term of this Agreement. 7. TAXES AND ASSESSMENTS Tenant shall pay any applicable taxes on its personal property, fixtures and on its leasehold or possessory interest in the leased Premises, if any, and any other assessment which may be lawfully levied. 8. SECURITY, MAINTENANCE AND REPAIR Tenant shall maintain the Premises in a safe and sanitary condition and in good order and repair and shall comply with all State and local laws requiring the maintenance of Premises. Tenant shall not cause any waste on, or permit any nuisances to exist on the Premises. If damage to the Premises, other than ordinary wear and tear, is caused by the negligence of Tenant or of Tenant's employees, invitees, guests or others under Tenant's control, Tenant shall be responsible for any and all such repairs. Tenant shall advise Landlord immediately of such conditions and Landlord, at its option, shall either allow Tenant to effect such repairs or shall accomplish said repairs itself at the expense of Tenant. Tenant shall also be responsible for the security of the Premises. 2 Landlord shall be responsible for the structural maintenance of the Premises and such structural repairs to the Premises as are necessitated by ordinary wear and tear. 9. IMPROVEMENTS Tenant shall not erect any structures on, nor make nor cause to be made any alterations, improvements, additions, or fixtures to the Premises, with the exception of painting the interior of the building white, without the express written consent of Landlord. 10. INDEMNIFICATION Tenant shall defend, indemnify, and hold Landlord, its officers, agents, volunteers and employees harmless from: (1) all claims of liability for any damage to property or injury or death to any person occurring in, on, or about the Premises; (2) all claims of liability arising out of Tenant's failure to perform any provision of this Rental Agreement, or any act or omission by Tenant, its agents, contractors, invitees or employees; and (3) all claims for damages, losses, fines, penalties, and any other consequences arising from any noncompliance or violation of any laws, ordinances, codes, or regulations. 11. INSURANCE 6/rw rl—G "_L Tenant at his sglercos�all maintain a liability insurance policy (renter's in ance) with a single combined, liability limit of $500,000 and rty damage limits o ess than $500,000 insuring against all liability of Tenant ' connection with T�eroccurring occupancy of the Premises, including but not limited to, �il injury and/or death h or caused at all ti s during the term of this te4ancy. All insurance shall e the City of San Rafael, its of , agents, • volunteers andTder loyees as additional insur and shall provide primary cove e with respect to the City th�. /Tenant at his S e cost shall maintain on all h�dfire nal property, improveme d alterations in, on, about the Premises, a policy of st and extended cover insurance, with extende ebverage hazards, v:ere'st`oraetion dalism aalicious mischief endorsem This coverage shall bei sidered primary, and therocee any such policy shall used by Tenant for the replaEement of personal property or of Tenant's improvements or alterations. 12. COMPLIANCE WITH LAW AND SAFETY Tenant shall observe and comply with all applicable laws, ordinances, codes and regulations of all governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the Tenant's activities. All Tenant's activities must be in accordance with these laws, ordinances, codes, and regulations. Tenant shall hold harmless, defend and indemnify Landlord from any and all claims, actions, loss, damage, costs and expenses (including attorneys fees) arising out of Tenant's failure to comply with such laws and regulations. 119�4)_ . 1 : A" meMai The occurrence of any of the following shall constitute a default by Tenant: A. Failure to pay rent when due, if the failure continues for ten (10) days after notice has been given to Tenant. B. Abandonment and vacation of the Premises (failure to occupy the Premises fourteen (14) consecutive days shall be deemed an abandonment and vacation). C. Failure to perform any other provision of this Rental Agreement if the failure to perform is not cured within ten (10) days after notice has been given to Tenant. If the default cannot reasonably be cured within ten (10) days, Tenant shall not be in default of this Rental Agreement if Tenant commences to cure the default within the ten (10) day period and diligently and in good faith continues to cure the default. 14. ASSIGNMENT AND SUBLETTING Tenant shall not assign or encumber its interest in this Rental Agreement or in the Premises, or sublease all or any part of the Premises, without first obtaining Landlord's written consent. Any assignments, encumbrance, or sublease without Landlord's written consent shall be void and, at Landlord's election, shall constitute a default. 15. ENTRY Landlord and its authorized representatives shall have the right to enter the Premises at all reasonable times for any of the following purposes: to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under the Rental Agreement, to do any acts that may be necessary to protect Landlord's interest in the Premises, or to perform Landlord's duties under this Rental Agreement. Landlord shall not be liable in any manner for any inconvenience, disturbance, nuisance, or other damage arising out of Landlord's entry on the Premises as provided in this section, except damage resulting from the acts or omissions of Landlord or its authorized representatives. 16. NOTICES A written notice required by the terms and conditions of this Rental Agreement is deemed served when a party sends the notice in an envelope addressed to the other party to this Rental Agreement and deposits it with the U.S. Postal Service, postage prepaid. For purposes of this rental Agreement, notices shall be addressed as follows, as appropriate: To the Landlord: Rod Gould, City Manager City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 4 Copy to: Gary Ragghianti, City Attorney City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 To the Tenant: Bruce Martin Tammy Martin 47 Duck Creek Court Valley Springs, CA 95252 Service of Notice on either of the Tenants shall be deemed service on all Tenants. 17. WAIVER No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such a right or remedy or be construed as a waiver. The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment for the particular rent payment involved. Any waiver by Landlord of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Rental Agreement. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant. 20. GOVERNING LAW The laws of the State of California shall govern this Rental Agreement. 21. ATTORNEYS FEES If either party initiates a legal proceeding against the other party arising out of or in connection with this Rental Agreement, the prevailing party shall be entitled to have and recover from the losing party reasonable attorneys fees and costs of suit, including costs of City administration. 22. ENTIRE AGREEMENT, AMENDMENTS This Rental Agreement and all exhibits attached and any documents expressly incorporated by reference contain the entire agreement between the parties regarding the rental of the Premises described herein and shall supersede any and all prior agreements, oral or written, between the parties regarding the rental of these Premises. This Rental Agreement cannot be altered or otherwise modified except by a written amendment. 5 IN WITNESS WHEREOF, Landlord and Tenant have executed this lease as of the date written on the first paragraph of this lease. CITY OF SAN RAFAEL RO GOULD, City Manager ATTEST: J ANNE M. LEONC ,City Clerk !�e_ orney 6 TENANT BRUCE MARTIN L,, (Signature) TAMMY MARTIN 's- �' �--- (Signature) EXHIBIT "A" LEGAL DESCRIPTION BEGINNING at a point on the Northerly line of Lot 4, as shown on the map entitled, "Map, of Marin Professional Center Unit I" filed for record March 3, 1958 in Book 9'of Maps at page 94; Marin County Records; said -point being distant thereon North 73° 24' 28" East 24.27 feet from the intersection of the courses "North 60° 00' East 420.00 feet and North 73° 24' 28" East 340.44 feet" as shown upon the above entitled map; running thence North 120 13' 00" West 61.23 feet, thence South 89° 51' 00" West 186.60 feet; thence on a curve to the right whose center bears South 89° 51' 00" West 45.00 feet through a central angle of 51° 22' 00" an arc distance of 40.34 feet; thence South 40° 08' 39" East 125.44 feet to a point on the Northwesterly line of Lot 4, reap above referred to; thence along the Northwesterly line of said Lot 4, map above referred to; North 60' 00' East 129.60 feet and North 73° 24' 28" East 24.27 feet,to the point of beginning. RESERVING THEREFROM an easement, 5 feet in width for public utilities lying Northeasterly of and adjacent'to the course and distance "South 40° 08' 39" East 125.44 feet" hereinabove described. TOGETHER WITH an easement for roadway and utilities over the following described property; BEGINNING at a point on the Easterly line of the property described in the deed from Common- wealth Development Co., a limited partnership, to State of California, dated April 17., 1958 and recorded June 12, 1958 in Volume 1195 of Official Records, at page 145, Marin County Record, said point being distant thereon South 3° 22' 17" West 227.85 feet from the intersection of courses "South 5° 20' 40" East 51.61 feet and South 4° 38' 37" West 325.62 feet" (Division of Highways Meridian), as set forth in the deed to State of California, 'hereinabove referred to;2thence on a curve to the left whose center bears North 860 37' 43" East 20.00 feet through a central angle of 93° 13' 17" an are distance 32.54 feet; thence North 89° 51' 00" East 170.63 feet;' thence on a curve to the left with a radius of 45.00 feet through a central angle of 38° 56' 27" an arc distance of 30.58 feet; thence on a curve to the right with a radius of 45.00 feet through a central angle of 257° 52' 54" an arc distance of 202.54 feet; thence on a curve to the left with a radius of 45.00 feet through a central angle of 38° 56' 27" an arc distance'of 30.58 feet; thence South 89° 51' 00" West 176.16 feet; thence on a curve to the left with a radius of 20.00 feet through a central angle of 86° 28' 43" an arc distance of 30.19 feet; thence North 3° 22' 17" East 90.17 feet to the point of beginning.