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Resolution No. 6464 (Storage Area Lease)
RESOLUTION NO. 6464 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING LEASE AGREE- MENT FOR STORAGE AREA AT THIRD & LOOTENS (WITH MARIN RESTAURANTS, INC.) The City of San Rafael, hereinafter referred to as City, does hereby find and determine that: 1. WHEREAS, the City owns that property at Third & Lootens Place, described as a storage compartment underneath west ramp of the parking structure; and 2. WHEREAS, the City Council of the City of San Rafael finds it in the best interest of the City to enter into a rental agreement; and 3. WHEREAS, Marin Restaurants, Inc. has agreed to pay the City of San Rafael the sum of Seven Hundred Twenty Dollars ($720) for the period of forty-eight months (48), as per lease agreement described as Exhibit "A" attached hereto. NOW, THEREFORE, the City takes the following action: RESOLVED, the Mayor of the City is hereby authorized to sign the lease agreement', referenced as Exhibit "A" attached hereto, with Marin Restaurants, Inc. for a portion of that city -owned property at Third & Lootens Place. I, JEANNE M. LEONCINI, 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 members of said Council held on the 20th day of December 1982 by the following vote to wit: AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen and Mayor Mulryan NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILME14BERS: Dreiner JBMNE M. LEONCINI, City Clerk CC ERCIAL LEASE AND DEPOSIT 21PT MARIN RESTAURANTS, INC. REVIVEDFROM............................................................................................._..................... ........................................................................................._........_.......-...............•...._........---................ ............................. ,hereinafter referred to as LES the sum of $...- .-180.00..........................................l....................ONE HUNDRED EIGH'T'Y ...................... .............................................. ................................. _.................................. _.... _................................................... DOLL A evidenced by..................................................................................... as a deposit which, upon acceptance of this lease, shall belong to lessor and shall be applied as foll RECEIVED PAYABLE PRIOR TO OCCUPA Rent for the period from ...... ... January 1, 1983 to .._ December 31, 1983 $ _180.0 .. $ Last...................... month's rent.................................................$....................................... _........... _._............................ _............ Securitydeposit..............................................................$..... _............ _._... _....... _.... _....... $ ............................................ Other......................................................................$............... _................... _.............. _........................................... . TOTAL..................................................................... $. ..J..8Q...OQ.. S.. In the event that this lease is not accepted by the Lessor within ....... --...... .-...- ......... business days, the total de "sit received shall be refun Lessee hereby offers to lease from Lessor the premises situated in the City of ........ ... afael , County of . �r�............... .................... State of, ....California described as ... storage corf�artment underneath west ramp of the parking ........................_.. ........ ..... -••-................ ................ structure at the corner of Third &. Lootens Place! said to contain 100 sq. ft. with .__. .............................................................................................. headroom. ............................................................ ...................... _............ _..__._....... •........ ........................... ........................ .._._. upon the following TERMS and CONDITIONS: 1. TERM: The term hereof shall commenc31 e on...............`Tan��...15................_........., 19.83., and expire on ................................... 1 -- 720 00 ...... , payable as follows:...balance payable n annua1` nstalTmerits 2. RENT: The total rent shall be..................�.............. .............._........................................ of $180.00 . ........ ................... ................... ....................... -._............................................................ -............................... ............................................. .. .................................. .................. ............ -•.............................................. ................................. _...... ................................ _......... -............................ _.................... ... ... ..... ........ .... .......... ..................... _.......................................................... _.... _._....... _......... __......... _-___._................ ...................... ........... ................. ........--- ........ ..... .................,..................._......... ......f -•-- -.....---••-•• . _6....._....---••-••--....... All rents shall be paid to Owner or his authorized agent, at the following address:.... .......... . _City O� San_ Ra�ae�, P.O. BOX 6�, ..................................... San Rafael, CA 94915-0060 .................................. ....................... ...... _................................................................................................................................. or :11 Such other places as may be designated by Owner from time to time. e ]. USE: The prr.rllr;es are. In Ile used for the operation of... ..............storyg....................._................................................................_...............................................-•----......._........... .............. ................_................................................................................................................................................ an11 for no other purpose., without prior written consent of lessor. 4. 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 permi In Ile made upon fire premises, nor 'acts done, which will increase the existing rale of insurance upon the property, or cause cancellation of insurance policies cove said properly. Lessee shall not conduct or permit any sale by auction on the premises. S. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the Lessor. W shall 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. 6. ORDINANCES AND STATUTES: Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in fr or 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 stat lederat roort abatement proceeding affecting the use of the premises shall, at the option of the lessor, be deemed a breach hereof. 7. MAINTENANCE, REPAIRS, ALTERATIONS: lessee acknowledges that the premises are in good order and re"air, unless otherwise indicated herein. Lessee s al 11i-; own expense and al all times, maintain the premises in good and-saf6.condition,•including plate glass, electrical wiring, plumbing and heating installations and 111111'r q,dein or equipment upon tire premises and shall surrender the same• at jerminalion hereof in as good condition as received normal wear and tear excepted. Le sh;,ll he responsible for all repairs required, excepting the -,..,accidents inflected from Vehicles use of the parking .........................................................................................•-....-••--•-•---•-----••-•••---...................----.................... structure. .........................................................................•....._._......-....-...--•--......__......................---•---............-..----_.....--•---•.........-•.............. which vilse l be maintained by Lessor. lese shall also maintain in good condition such portions adjacent to the premises, such as sidewalks, driveways, lawns and sl• fiery. which would otherwise be required to be maintained by Lessor. No improvement nr alteralion of the premises shall he made without the prior written consent of the Lessor. Prior to the commencement of any substantial repair, imp-. nwnt. or alteralinn, Lessee shall give Lessor at least 2 days written notice in order that Lessor may post appropriate notices to avoid any liability for liens. B. ENTRY AND INSPECTION: lessee shall permit lessor or Lessor's agents to enter upon the premises at reasonable times and upon reasonable notice, for Plato .'e of inet)erling Ilre Sarre., 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 10" 11r "for I ease" sil;ns, and permit persons desiring to lease the same to inspect the premises thereafter. 9. 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 dens prr•11ii%e s, or any part lhereol, and lessee agrees to hold Lessor harmless from any claims for damages, no matter how caused. 10. POSSESSION: If Lessor is unable to deliver possession of the premises at the commencement hereof, Lessor shall not be liable for any damage caused the - nor :hall Illi; lease lie void or voidable, but Lessee shall not be liable for any rent until possession is delivered. Lessee may terminate this lease if possession is not ti eyed within days of The commencement of the term hereof. 11. INSURANCE: Lessee, at his expense, shall maintainpublic liability and property damage insurance insuring Lessee and Lessor with minimum cove as fl,llows, naming the City of San Rafae as additio.....nal ...insu.r.... ed thereunder. ............ ................................................... LIMITS..; .. 'x%aTxfy..d yP.-.&.-.bodi]y..injury. ..roam -rage ... of...at...least... S300,_000-00. .... ..... .... ................... ............ ................................................................. ............................................. ................ I essee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured. The Certificate shall provide for a ten-day written notice to Less the event of cancellation or material change of coverage. To Ilse, maxinmm extent permitted by insurance policies which may be owned by Lessor or lessee, Lessee and Lessor, for the benefit of each other, waive any an. rights of subrogation which might otherwise exist. 12. UTILITIES: Lessee agrees that he shall be responsible for lire payment of all utilities, including water, gas, electricity, heat and other services delivered to premises. 13. SIGNS: I essor reserves the exclusive right to file roof, side and rear walls of [lie Premises. Lessee shall not construct any projecting sign or awning without print written consent of Lessor which consent shall not be unreasonably withheld. 14. ABANDONMENT OF PREMISES: Lessee shall not vacate or abandon the premises at any time during the term hereof, and if Lessee shall abandon or vacate premises, 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 option of lessor. 15. 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 i under, Ihis 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 prop": of Ille rend fnr 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, I wo.or may ;it his option, terminate this lease as of the date the condemnor acquires possession. In the event that the demised premises are condemned in whole, or s(o:t1 porlion is condemned that the remainder is not susceptible for use hereunder, this lease shall terminate upon the date upon which the condemnor acquires posses All x.11111; which may be payable on account of any condemnation shall belong to the Lessor, and Lessee shall not be entitled to any part thereof, provided however, I.essee Shall be entitled to retain any amount awarded to him for his trade fixtures or moving expenses. 16. TRADE FIXTURES: Any and all improvements made to the premises during the term hereof shall belong to the Lessor. except trade fixtures of the Lessee. Le may, 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. 17. DESTRUCTION OF PREMISES: In the event of a partial destruction of the premises during the term hereof, from any cause, Lessor shall forthwith repair Sallie. provided that such repairs can be made within sixty (60) days under existing governmental laws and regulations. but such partial destruction shall not fermi This 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 makir. •;orh 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 mai(r name within 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 such repairs which cannot be made within sixty (60) days, this lease may be terminated at the option of either party. In Ilse 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 the I vs%or 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 lernlinale 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 pa; may ngree upon, or if they cannot agree, in accordance with the rules of the American Arbitration Association. 18. INSOLYCNCY: 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 as ment 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 Le PROFESSIC FORM 107 (G.3_74) ©COPYRIC14T. 1969. DY PROFESSIONAL PUOLISIIINC CORP,. 122 PAUL DRIVE. SAN nAFAEL. CALIFOn NIA 94903 PuausHUX FM CORPORaT 19. REMEDIES OF OWNER ON DEFAULT: In the event of any breach of�this lease by Lessee, Lessor, besides other rights and remedies he may have, shall have the immediate right of re-entry and may remove all persons and property from the premises. Suph.property may be moved and stored in a public warehouse or elsewhere a' 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, he may either terminate this lease or may from time to time, without terminating this lease, relet said premises, or any part thereof, for such term or terms (which may be for a term extending beyond the term of this lease) and at such rental or rentals and upon such other terms and conditions as Lessor, in his sole discretion, may deem advisable with the right to alter or repair the premises upon such reletting. In such event, Lessee shall be immediately liable to pay to Lessor, in addition to any other amounts due hereunder: (a) the cost and expense of such reletting and such alterations or repairs, and any amount by which the rent reserved herein for the period of such reletting, but not beyond the term hereof, exceeds the amount agreed to be paid as rent for such period; or: (b) at the option of the Lessor, rents received by Lessor from such reletting shall be applied first to the repayment of indebtedness other than rent due hereunder, 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 terminale 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, he may recover from Lessee all damages he may incur by reason of such breach, including the cost of recovering the premises, and including the worth at the time of such termination, or at the time of an award if suit be instituted to enforce this provision, of the amount by which the unpaid rent for the balance of the term exceeds 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 to, 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 the address shown below, or at such other places as may be designated by the parties from time to time. 24. HOLDING OVER: Any holding over after the expiration of this lease, with the consent of Lessor, shall be construed as a month-to-month tenancy at a rental of $ . ............................................................................................................... per month, otherwise in accordance with the terms hereof, as applicable. 25. TIME: Time is of the essence of this lease. 26. HEIRS, ASSIGNS, SUCCESSORS: This lease is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties. 27. TAX INCREASE: In the event there is any increase during any year of the term of this lease in the City, County or State real estate taxes over and above the amount of 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 ............................% 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 the portion of the lease term included in such year. 28. Waiver of Relocation Assistance Benefits - Lessee hereby waives any and all rights to relocation assistance benefits set forth in California Government Code Section 7260 et seq, as amended. 29. 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 property taxes levied.on such interest. 30. Prior Lease - This agreement replaces in its entirety a previous Common Lease and Deposit Receipt approved by City Resolution 5421 on February 21, 1978. 31. Lessee reserves right to terminate lease effective ninety (90) days from written notice to terminate. ENTIRE AGREEMENT: The foregoing constitutes the entire agreer•ient between the parties and may be modified only by a writing signed by both parties. The following Exhibits, if any, have been made a part of this lease before the parties' execution hereof : ...... ..... ......................................... .......................... ..................... .......... The undersigned Lessee hereby acknowledges receipt of a copy hereof. None . ......... .Agent O��DR ....1-?.............../ ..�.�y.......... ........ .Address A..�Pc .y Ol �.�0.�..0.•.... _:O•�51...R...... ..Phone SES j�L� 1 By__ ......... ................ ..................... I—......... January 1983 DATED: .......... _._........................ ............. ......... ...... ........ ....... .......... ..................................................................... ...•...-........ .......... ... ......Lessee By: MARIN RESTAURAN'T'S, INC. ...... Lesser ... L By.:.....•..... Address Farina do ACCEPTANCE _......................... .... .......... Phone The undersigned Lessor accepts the foregoing offer and agrees to lease the herein described premises on the terms and conditions herein specified. The Lessor agree: topay to............................................................................. .... ........... ......................................... ----- ........ ...................................... ...-------- F ............... I the Agent in this transaction thesum of $ ....... .......... ..... ( ....... ... ................................... ...... ................... ... ---....... . ............................ -- ... DOLLARS for services rendered and authorizes Agent to deduct said sum from the deposit received from Tenant. This agreement shall not limit the rights of Agent provided for i, 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 expiratio of this lease, Owner agrees to pay the Agent a sales commission of ..............................% of the sale price. The undersigned Lessor hereby acknowledges receipt of a copy hereof. DATED--___ •. ........................... Owner's Authorized Agent CITY OF SAN RAFAEL Lessf ................. ......._........--....................................... ...... ............... ......Address................................--� ............Les.,. .. LAWRENCE E MUL. Mayo Phone 456-1112 Addre' By... ..................... .............................................................................. rq.25.75) ----Phor