HomeMy WebLinkAboutOrdinance 1331 (Lease 522 B Street)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, City Clerk of the City of
San Rafael, and Ex -officio Clerk of the Council of said
City do hereby certify that the foregoinq Charter
Ordinance No. 1331 entitled:
ORDINANCE PROVIDING FOR THE LEASE OF PUBLIC REAL
PROPERTY AT 522 B STREET (AP 13-061-40) TO WILLIAM
FERRUA AND ADOLPHO RENZO VERANEZZE
is a true and correct copy of an ordinance of said City,
and was introduced at a regular meeting of
the City Council of the City of San Rafael, held on the 16th
day of April 19 79 Published as re-
quired by City Charter in the Independent -Journal ,
a newspaper printed and published in the City of San Rafael
and passed and adopted as an ordinance of said City at a
regular meeting of the City Council of said City
held on the 7th day of May 19 79- by the
following vote, to -wit:
Ayes: Councilmembers: Breiner, Jensen, Miskimen, Nixon and
Mayor Mulryan
Noes: Councilmembers: None
Absent: Councilmembers: None
WITNESS my hand and the official seal of
the City of San Rafael this 19th day of
June 19 79
JN M. LEONCINI, Cit Clerk
ORDINANCE NO. 1331
ORDINANCE PROVIDING FOR THE LEASE OF PUBLIC
REAL PROPERTY AT 522 B STREET (A.P. 13-061-40)
TO WILLIAM FERRUA AND ADOLPHO RENZO VERANEZZE
THE COUNCIL OF THE CITY OF SAN RAFAEL, CALIFORNIA, DO ORDAIN AS FOLLOWS:
Section 1: It is hereby found, determined and ordained
that the real property at 522 B Street, A.P. 13-061-40, is not required
for public purposes at this time and the public interest could best
be served by entering into a Lease Agreement, a copy of which is on
file with the City Clerk of the City of San Rafael and by reference
is incorporated herein.
Section 2: The City of San Rafael, California, a Municipal
corporation, does hereby lease said real property to William Ferrua and
Adolpho Renzo Veranezze for the sum of EIGHTEEN THOUSAND DOLLARS
($18,000) per year for a period of five (5) years, as described
in a copy of the lease on file with the City Clerk.
Section 3: The Mayor of the City of San Rafael is directed
and authorized to sign said Lease Agreement in the name of said City
with William Ferrua and Adolpho Renzo Veranezze to carry out the lease
upon the terms and conditions as set forth in the aforementioned Lease
Agreement.
Section 4: This Ordinance shall be published once in full
before its passage in the Independent Journal, a newspaper of general
circulation, printed, published and circulated in said City, and
shall be in full force and effect thirty (30) days after its passage.
LAWRENCE E. MULR AN, Mayor
ATTEST:
J E M. LEONN�II, �C"iy lerk
The foregoing Ordinance No. 1331 was read and introduced
at a regular meeting of the City Council of the City of San Rafael
held on Mondav the 16th day of April , 1979, and
ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
and will come up for adoption as an Ordinance of the City of San
Rafael at a regular meeting of the Council to be held on the
7th day of May , 1979.
r.
J NE M. LEONCINI, City Clerk
-2-
COMMERCIAL LEASE AND DEPOSIT RECEIPT
WILLIAM FERRUA and ADOLPHO BENZO VERONESE
Y:EIVED FROM .-. ..... .....__....... ....... ............ ................................................................ ........................................ _..._
.
ILn sum of s........Q0...0.0.....(TLVE.CEUNDRE-D-.--.-_-- t
idenced by ..
.............................. as a
., hereinafter referred to as LESSEE
•--- ....................... __ DOLLARS'
to Lessor and shall be applied as follows
May 15, 1979 June 14, 19 7 9 T ` - PAYABLE PRIOR TO OCCUPANC'
mtfor the period from ....._ .... .................. ............................. to............................................................ ......? - - - .__----------•-•--•-----.----------------._.....
st ................. _....... month's rent ................................................. a — $
5
-5 0 0•- 0 d �_ .
curily deposit.............................................................. $__ ..............---.M._... . .�.� -
_..
her...................................................................... - - _.._......... ...._..........
TAL................................................ ...... .... 0... _ ..:.................
In the event that this loose is not accepted by the Lessor within .tlllr'ty...... (.3O). .-- business days, the total deposit received shall be refunded
Lessee hereby offer to (case from lessor the premises situated In the City of ...... San ....
County of ...... Marin ...................
_....._........
)te of, ........-Call ........... described as ...-522. B St. (A. P 13-061-40�
..............•.-•••------•-•--••-----------•-..... -....................................................................... -•-.........
an tl)e following TERMS and CONDITIONS:
------------ ---------------------- ---------------------------
Ma 15 1979 --
TERM: The term hereof shall commence on...........Y:...........r._........................................,'15........, and expire on ......May.....1.4a._`i984.........._._.._.... 19
RENT• Ilia total rent shall ba.$...9.0_.000 , payable as follows: ...cOn1aP. Utive----monthly.-__inst311-menta_,of...
Fifteen Hundred Dollars ($1,500.00) commenc-ing-...Jti.ne 15., 19.79 .anEl..thereaftli
until the rent total has been paid in full or canceller-.-,_$.ej,mortar.................... .
............... .... ........................
..provicieci�.
.......... .................................................................................................................................................................................................................................................................................
i re V sl II b aid 0 nee r hi a tho i ed agent, at the following address: Of San-- Rafael,__._P_.O. BOX... '6.0.,__. -San_.
tNae I �a ,i y� 2 g g ................ ..
....................................................... ..........................................---.............---------------------•---•------- =- - - - -
at such other places as may be designated by Owner from time to time.
USE: The premises are to be used for the operation of ...... storage ... of--•,Antique--•t;ars—res-Lora.-tionl--d-ead-.--s.t-oT'-a-ge
.................................................•--..........................-------....------.................................. .............. _........._.........._...._...----------- ....:.:_ __� �--............................................. .. .
d for no other purpose, without prior written consent of Lessor. -
USES PROHIBITED: Lessee shall not use any portion of the premises for purposes other than those specified hereinabove, and no use shall be made or permitter'
by made upon the premises, nor acts done, which will increase the existing rate of insurance upon the. property, or cause cancellation of insurance policies covering
id properly. Lessee shall not conduct or permit any sale by auction on the premises.
ASSIGNMENT AND SUBLETT1140: Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the Lessor, which
ill not be unreasonably withheld. Any such assignment or subletting without consent shall be void and, at the option of the Lessor, may terminate this lease.
ORDINANCES AND STATUTES: Lessee shall comply with all ,statutes, ordinances and requirements of all municipal, state and federal authorities now in force
which may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof by Lessee. The commencement or pendency of any state or
leral court abatement proceeding affecting the use of the premises shall, at the option of the Lessor, be deemed a breach hereof.
MAINTENANCE, REPAIRS, ALTERATIONS: Lessee acknowle.di that the premises are in good order and repair, unless otherwise indicated herein. Lessee shall
his own expense and at all times, maintain [lie premises in good and safe condition, including plait glass, electrical wiring, plumbing and heating installations and an,
Ior system or equipment upon the premises and shall surrender the same, at termination hereof, in as good condition as received, normal wear and tear excepted. Lessee
all be responsible for all repairs required, excepting the. .......... eX.te,l ior... WaZ16 ---- and .... roo-f-••-•-•-•-•---•--•-•••••••••••-•--••--.......................................................
........................ ..-........................ ......... ............................................... ....... ......... .... .............. ...................... -........................................... .-------------- —.......................... ........ .....
ich shall be maintained by Lessor. Lessee shall also maintain in good condition such portions adjacent to the premises, such as sidewalks, driveways, lawns and shrub
ry, which would otherwise be required to be maintained by Lessor.
No improvement or alteration of the premises shall be made without the prior written consent of the Lessor. Prior to the commencement of any substantial repair, improve -
Ni or alteration, Lessee shall give. Lessor at least 2 days written notice in order that Lessor may post appropriate notices to avoid any liability for liens.
ENTRY AND INSPECTION: Lessee shall permit lessor or Lessor's agents to enter -upon the premises at reasonable times and Upon reasonable notice, for the
rnose-of inspecting the same, and will permit Lessor at any time within sixty (60) days prior to the expiration of this, lease, to place upon the premises any usual "To
t" or "Fur Lease" signs, and permit persons desiring to lease the same to inspect the premises thereafter.
INDEMNIFICATION OF LESSOR: Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the demised
:u)ises or any palt [hereof, and Lessee agrees to hold Lessor harmless from any claims for damages, no matter how caused.
. POSSESSION: If Lessor Is unable to deliver possession of the premises at the commencement hereof,,lessor shall not be liable for any damage caused thereby
r shall this lease be void or voidable, but Lossee shall not be liable for any rent until possession is delivered. Lessee may terminate this lease if possession is not deliv
•d within ................... days of the commencement of the term hereof.
114SURANCE: Less , a I is se, shall Maintain plat glass, public liabilit and roperty damage insurance insuring Lessee and Lessor with minimum coverage
follows-lbb,��� property damage, $3�0, 6.00 public liability.._ .
.............. I ............ .....--- ......... ........----.......:.......................................,....._..........----------•--------...------------------•----•---•--._.-_.-___-__-•------------..._.._....-•--------------------------------•- .
......................................................................... • -- ----............................................ -----.........---......................................... .
lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured. The Certificate shall provide for a ten-day written notice to lessor in
event of cancellation or material change of coverage.
To the maximum extent permitted by insurance policies which may be owned by Lessor or Lessee., Lessee and Lessor, for the benefit of each other, waive any and all
his of subrogation which might otherwise exist. -
. UTILITIES: Lessee agrees that he shall be responsible for the payment of all utilities, including water, gas, electricity, heat and other services delivered to the
�rnises.
. SIGNS: Lessor reserves the exclusive right to the roof, side and rear walls of the Premises. Lessee shall not construct any projecting sign or awning without the
or written consent of Lessor which consent shall not be unreasonably withheld.
ABANDONMENT OF PREMISES: Lessee shall not vaple or abandon the premises at -any time during.the term hereof, and_ipessee shall abandon or vacate ilia
1111ises, or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee left upon the premises shall be deemed to -be abandoned, at the
tion of Lessor.
. CONDEMNATION: If any part of the premises shall be taken or condemned for public use, and a part thereof remains which is susceptible of occupation here -
der, this lease shall, as to the part taken, terminate as of the date the condemnor acquires possession, and thereafter Lessee shall be required to pay such proportion
the rent for the remaining term as the value of the premises remaining bears to the total value of the premises at the date of condemnation; provided however, that
,.,4.r may at his option, terminale this lease as of the date Ilia condemnor acquires possession. In the event that the demised premises are condemned in whole, or that
-,h portion is condemned that the remainder is not susceptible for use hereunder, this lease shall terminate upon the date upon which the condemnor acquires possession
sums which nay he payable on account of any condemnation shall belong to the Lessor, and Lessee shall not be entitled to any part thereof, provided however, that
.co shall be entitled to retain any amount awarded to him for his trade fixtures or moving expenses.
TRADE FIXTURES: Any and all improvements made to the premises during the tern hereof shall belong to the Lessor, except trade fixtures of the Lessee. Lessee
y, upon termination hereof, remove all his trade fixtures, but shall repair or pay for all repairs necessary for damages to the premises occasioned by removal.
. DESTRUCTION OF PREMISES: In the event of a partial destruction of the premises during the term hereof, from any cause, Lessor shall forthwith repair the
ne, provided that such repairs can be made within sixty (60) days under existing governmental laws and regulations. but such partial destruction shall not terminate
s lease, except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the making of
ch repairs shall Interfere with the business of Lessee on the premises. If such repairs cannot be made within said sixty (60) days, Lessor, at his option, may make the
*no w)thrn a reasonable time, this lease continuing in effect with the rent proportionately abated as aforesaid, and in the event that Lessor shall not elect to make
ch repairs which cannot be made within sixty (60) days, this lease may be terminated at the option of either party.
In the event that the building in which the demised premises may be situated is destroyed to an extent of not less than one-third of the replacement costs thereof,
:sor may elect to terminate this lease whether the demised premises be injured or not. A total destruction of the building in which the premises may be situated shall
eminate this lease.
In the event of any dispute between Lessor and Lessee with respect to the provisions hereof, the matter shall be settled by arbitration in such a manner as the parties
;y agree upon, or If they cannot agree, in accordance with the rules of the American Arbitration Association.
. INSOLVENCY: In the event that a receiver shall be appointed to take over the business of the Lessee, or in the event that the Lessee shall make a general assipn-
,nt for the benefit of creditors, or Lessee shall take or suffer any action under any insolvency or bankruptcy act, the same shall constitute breach of this lease by Lessee.
-Jim 107 (0.9.7.1) OCOPYINo11T, 1969, 11 PRoi CONAL PU0LI0111No cont.. 132 PAUL DRIVE, SAN RAf AEL. CALIFORNIA 94.03 Pis$ at
A PU611&iln4
MIke (ORPORZITtOn
C 9.``REMEDIES OF OWNER ON DEFAULT: In the event of any breach of this lease by Lessee, lessor, besides other rights and iemedips hp may have, shall have the
ci niediale right of re-entry and may remove all persons and properly from the premises. Such property may be moved and stored In a public warehouse or elsewhere at
n the cost of, and for the account of Lessee. Should Lessor elect to re-enter, or should he take possession pursuant to legal proceedings or any notice provided by law, fie
may either terminate this lease or may from time to time, without jeunitiati(ig--th's I a -e _. e{et-said. pr mises, or arny part thereof, for such term or terms (which may be
for a term extending beyond the term of this lease) and at such rinf�al cil�re`tif51 r��iTrn"$httrolhr terms and conditions as Lessor, in his sole discretion, may deem
advisable with the right to alter or repair the premises upon such relotling, In sucH e'111 �esse� 'shall'bd immediately liable to pay to Lessor, in addition to any other
amounts due hereunder: (a) the cost and expense of such reletting and soch.alterati' rls of repa{rs,;'addlcnj �mountrby v)iich the rent reserved herein for the period of such
reletting, but not beyond the term hereof, exceeds the amount agreQ'to-bepaid a it Co �!LLlfetigrl; br; W aLjhrti tion of the Lessor, rents received by Lessor from
such reletting shall be applied first to the repayment of indebtedness oThcr Ihan rent due lereunder, second to costs and expenses of reletting and alterations or repairs,
and third to the payment'of rent due and unpaid hereunder, and the residue, if any, shall be held by Lessor and applied in payment of future rent as the same may become
due and payable. Lessee shall be credited only with rent actually received by Lessor. Lessee shall, in such event, pay any deficiency between the amount due from Lessee
to Lessor and the amount credited.
No such re-entry or taking possession by lessor shall be construed as an election to terminate this lease unless written notice of such intention is given, or unless
termination be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Lessor may at any time thereafter elect to terminate
this lease on account of such previous breach. Should Lessor at any time terminate this lease for any breach, in addition to any other remedy he may have, Ire may recover
Irum lessee all damages fie may hicur by reason of such breach, including the cost of recovering the premises, and including the worth at the time of such termination,
r:r at ttie time of an award if suit be instituted to enforce this provision, of the amount by which the unpaid rent for the balance of lice term exr-'eds the amount of the
rental loss for the balance of the term which the lessee proves could be reasonably avoided.
20. SECURITY: The security deposit set forth above, if any, shall secure the performance of the lessee's obligations hereunder. Lessor may, but shall not be obligated
it), apply all or portions of said deposit on account of Lessee's obligations hereunder. Any balance remaining upon termination shall be returned to Lessee. Lessee shall not
have the right to apply the Security Deposit in payment of the last month's rent.
21. ATTORNEYS FEES: In case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of any act which may arise out of the
possession of the premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee.
22. WAIVER: No failure of Lessor to enforce any term hereof shall be deemed to be a waiver.
23. NOTICES: Any notice which either party may or is required to give, shall be given by mailing the same, postage prepaid, to Lessee at the premises, or Lessor at
file address shown below, or at such other places as may be designated by the parties from limp. to time.
24. H LDIN OV Any holding over after the expiration of this lease, with the consent of Lessor, shall be construe as a monfh-to-month tpnancylact� a rental of
$�5(�0. ��
plus ercenta a increase in- cost o �9,qR' �T� JXeo, a'�7 livable.
A Indexp finI V'il�ritlyje c d�mc�iv rt'fl ld►ri,
25. TIME: aIle Iso a essence o this lease.
26. HEIRS, ASSIGNS, SUCCESSORS: This lease Is binding upon and inures to the benefit of the heirs, assigns and uccessors in Interest to file parties.
27. TAX INCREASE: In the event there is any increase during any year of the tern of this lease in the Clly, County or Slate real estate taxes overall(] above the anoint
lot such taxes assessed for the tax year during which the term of this lease commences, whether because of increased rate or valuation, Lessee shall pay to Lessor upon
presentation of paid tax bills an amount equal to . 1 '00 go of the increase in taxes upon the land and building in which the leased premises are situated. In the
event that such taxes are assessed for a tax year extending beyond the term of the lease, the obligation of Lessee shall be proportionate to lhe.poition of the Use term
included in such year.
28. Cancellation: This lease shall be a firm commitment for 24 months
thereafter either party may cancel by giving 90 days notice to the
other.
29. Waiver of Relocation Assistance Benefits: Lessee has received an
explanation of rights to relocation assistance benefits set forth
in Calif. Govt. Code Sec. 7260 et seq., as amended, and agrees to
waive any and all present and future entitlement thereunder.
30. Possessory Interest: Lessee recognizes and understands that this lease
may create a possessory interest subject to property taxation and that the
Lessee may be subject to the payment of-pXoperty taxes levied on such
interest.
ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. The foilowring
Fxhibits, if any, have been made a part of this lease before the parties' execution hereof: ........................................... ........................ ... ........... ..._.----------- _--- __..................
............._............................................................-_...._---•-----.... _............................-------•----
Tke undersigned Lessee hereby acknowledges receipt of a copy hereof.
DATED: .................... ...... ......................... ___ ...... ...... .......
Davis � � =
> s Realty Co
A
(' 1 � f
......................................................................................... Agent i ...1 .... f� �2!: �.�::..`.Z,_— �.._ _: .:Z.1= .... ...... Lessee
817 Mission Ave. San Rafael 9490 1���� tl illam du
1 n 1. F a p
ATdiess �I ' 'Lessee
�1111�bo"I enzo.
Veronese
(415) 454 3522
................... .......... Phone 817- Mission -Ave, .Sari-.R-afael.... 949D.1-.... Address
(405) 454 3522
By... •.................................._...................f.:._........_.........................................--......- ----....... .....--------- .....--............ ................................. ............... I ............ - ................. phone
ACCEPTANCE
The undeisigned Lessor accepts the foregoing offer and agrees. to lease the herein described premises on the terms and conditions herein specified: The Lessor agrees
to pay to Davis ..Rea.lty.....Co............................................................................... ................ ,the Agent in this transaction,
Ihr surra of $ 11980 (One Thousand Nine Hundrec11 Hi h{ y and -----__00/10 h . DDLIna�)
for services rendered and authorizes Agent to deduct said sum from the deposit received lino t�n.uiT. TEtis agreement shall not Irmil the rilit"s of Agent provided for in
any listing or other agreement which may be in effect between Owner and Agent. In the event Tenant shall purchase the property from Owner prior to the expiration
of this lease, Owner agrees to pay the Agent a sales commission of ........ ai.1........... .a of the sale price.
The undersigned Lessor hereby acknowledges receipt of a copy hereof.
............. ...... ....................._.-..........-........................-Owner's Authorized Agent
....... ........................... .................. .............- Address
........................ ..............-----.... -.......Phone
fly. .. .. . ....................
14 25.75) 1.
D FD•.
City of an . Rafael .................
.............................. ................... Lessor
Lawrence r..Mulryan, Mayor
P.O. Box 60 .... Lessor
Sail Rafal Ck... 94902
(415) 456 1112
.........................................................................Address
......................... Phone