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HomeMy WebLinkAboutResolution No. 6058RESOLUTION NO. 6058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PROVIDING FOR THE LEASE OF PUBLIC REAL PROPERTY AT KERNER BOULEVARD (A.P. 9-290-36) TO ROBERT PETTIJOHN The City of San Rafael, hereinafter referred to as City, does hereby declare, find and determine that: 1. WHEREAS, it has been determined that certain public real property at Kerner Boulevard, being a portion of A.P. 9-290-36, is not required for public purposes at this time; and 2. WHEREAS, the public interest could best be served by entering into a Lease Agreement, a copy of which is attached as Exhibit "A" and by reference is incorporated herein; and 3. WHEREAS, Article III, Section 12 of the City Charter provides that leases of five (5) years of less and/or lease where the total rent is Six Thousand Dollars ($6,000) or less need not be approved by ordinance; and 4. WHEREAS, staff finds this project to be categorically exempt under CEQA guidelines, pursuant to Section 15111, Division 6, Title 14 of the California Administrative Code, Accessory Structures. NOW THEREFORE, the City takes the following action: RESOLVED, the City Council of the City of San Rafael determines that this project is categorically exempt under CEQA guidelines, pursuant to Section 1511, Division 6, Title 14 of the California Administrative Code, Accessory Structures. RESOLVED FURTHER, the Mayor of the City of San Rafael is directed and authorized, in the name of said City, to sign said Lease Agreement referenced as Exhibit "A" with Robert Pettijohn to carry out the lease upon the terms and conditions as set forth in the aforementioned Lease Agreement. 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 City Council of said City held on the second day of February 1981, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None J NNE M. LEONCINI, City Clerk �g (DRI"INAL 0 to COP IERCIAL LEASE AND DEPOSIT 1 -,EIPT r ECEIVED FROM..............................Robe.........t ..... .......Petti.............. j.....ohn..................................................................................... hereinafter referred to as LESSEE, he sum of $....................................................................TWO HUNDRED _..._......DOLLARS), aidenced b e r S 0 �_d_.._...... h.2 C -k__..•-• ................ as a deposit which, upon acceptance of this lease, shall belong to Lessor and shall be applied as follows: y .........p__._...... RECEIVED PAYABLE PRIOR TO OCCUPANCY March 1, 1981 March 31, 1981 100�— entfor the period from to ....................................................... ... _.. .....---•••---------.-------.-----•------------------------.--------. ast ........ P n_e........ month's rent ................................................. 1.0 0 ._ 0 0 - ecuritydeposit.............................................................. ---------------------••---------•-------- - ther...................................................................... ]TAL..................................................................... $... 2_QQ.a..Q_0._............ $.. In the event that this lease is not accepted by the Lessor within .... t.h 1_r-ty-.-••x_30..).................... business days', the total deposit received shall be refunded. Lessee hereby offers to lease from Lessor the premises situated in the City of .$•d Cl•., --R d -f d,e.1____-----•••-.••__•-•••• County of _.....Mari n ;ate of,._Cal i.forni.a describedas a 70 x 60 foot parcel of land in an area daa esignated ........ ............... ..............._............... B.o u. l e v a n d• -•..t. h a •t ---..1.i e..s...... -d J a.c e.n.t....an.d....�vlw.s_t.e.r.1-y......t7.-f-.....a.-..6.0.... f o o. t.... n -o a -d w ay ----a n d t.i._.l..i.ty..... _s_eme.r>_t_....b_e.i.n-g •a ..... p-u.r..t.i-u... .af .A...R_..... 9.7:2.9.0--a6 .................. ..................... ;on the following TERMS and CONDITIONS: TERM: The term hereof shall commence on .............. M d. r C h 1_.,. ............... - ._........ 1 .81 and ex ire on ....... .e b• r U a.r 2 8 ........................ RENT: The total rent shall be $... 2..s.4 0 0---•-•.••••.•,•- .. payable as follows: ._. 1 0 0 . 0 U ... per _month -c o m m e n -cin q .............. PT-J-1-.1.-,.-•--.--8,�.o.n..t.i.n--uin.g.... t.h.er.e.a_f...t.a_r..i--n---_c.an.s..e.c.u.t.i_Y..e.... mn.n_t-h-1-Y.... ...----- i.n_s_t.al..l.me.n.t.s.....a.f.. 1..0.0....0 Q----un.tJ J.-.-. p.a-i..d-----------------.......... -........ ---...................................... -........ ................. -.------------ -........... -..... ----........... ---- -........... -........... -...... -................... ................... ...........................................•--------•------------......_....---------............_............----•--------•----------------------..._........----•-------------..........---...........------------------------------------------------...................................... I rents shall be paid to Owner or his authorized agent, at the following address: .... C 1 ty o of $ d n Ra f d e 1 , P . 0 . Box 60 -- • -...................................................... 14.0.0.... F.......t.b.... S..t.r e.e.t.).... s.A.rl....R.a..f a..el...5.....C.A........9..4...9..1._5.............. _ 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................................................S t 0 r a q....e 0 f trucks ...-- ..........-........_.._..........---•-•---...---•---•---•--••-•-••--•--...__....----- ................................................... .............. ........................................ ....................... ................_....._......... .._.----------- ... .._............--------- ------------------------ ...------------------- .......... id 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 permitted be 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 std property. Lessee shall not conduct or permit any sale by auction on the premises. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the Lessor, which .all 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 deral 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 acknowledges that the premises are in good order and repair, unless otherwise indicated herein. Lessee shall, liis own expense and at all times, maintain the premises in good and safe condition, including plate glass, electrical wiring, plumbing and heating installations and any her 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 ................... n 0 n e ...... ................................................... ............................................................................................................................................................................................................... hick 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- ery, 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- 1ent, 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 mpose 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 et" or "For 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 ,emises or any part thereof, and Lessee agrees to hold Lessor harmless from any claims for damages, no matter how caused. 0. 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, Gr shall this lease be 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 deliv- red within.. .-....... days of the commencement of the term hereof. 1. INSURANCE: Lessee, at his expense, shall maintain plate glass, public liability and property damage insurance insuring Lessee and Lessor with minimum coverage One Hundred Thousand S follows: ............... ..... • --•--..-........._........._......_...._...._...... ;•----------...-•-----••------------.......................-----...................----•--•----.......----•--•--...._...--•----•--...------•---•-----•----•----•---...........--.........---- ...........................................................•.................------•---.................----•-•--------•--••----.---:....._._...._...._._......---------..........---•-••-•----•--------------------------------- ................................................................ .................. .. . ................ .... ..................................................................................................................................... .......--------------------------- 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 1e 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 ighis of subrogation which might otherwise exist. 2. 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 remises. 3. 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 rior written consent of Lessor which consent shall not be unreasonably withheld. 4. 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 the remises, 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 ption of Lessor. - 5. 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- nder, 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 f 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 essor may at 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 that uch 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. II sums 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, that essee shall be entitled to retain any amount awarded to him for his trade fixtures or moving expenses. 6. 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. Lessee (ay, 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. 7. 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 arae, provided that such repairs can be made within sixty (60) days under existing governmental laws and regulations. but such partial destruction shall not terminate his 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 .rich 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 One 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 make uch 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, essor 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 erminate 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 tiay agree upon, or if they cannot agree, in accordance with the rules of the American Arbitration Association. 8. 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 assign - rent 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. ORM 107 (15.3_74) QCOPYRICNT, 1969, BY PROFESSIONAL PUBLISIIINC CORP.. 122 PAUL DRIVE, SAN nAFAEL. CALIFORNIA 9-903 PROFMIOUL PUSUSHIAG CORPOAXWn T 9. P 'AED1Es-OF OWNER ON DEFAULT: In th,. _vent of any breach of this lease by Lessee, Lessor, bes, , other rights and remedies he may have, shall have the nmeaiate right of re-entry and may remove all persons and property from the premises. Such property may be moved and stored in a public warehouse or elsewhere at ie 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 ay 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 :r 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 ivisable 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 nounls 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 letting, 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 ;ch 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, id 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 ie 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 Lessor and the amount credited. No such reentry 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 •rmination be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Lessor may at any time thereafter elect to terminale Js 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 orn Lessee all damages lie may incur by reason of such breach, including the cost of recovering the premises, and including the worth at the time of such termination, at ll)e 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 ntal loss for the balance of the term which the lessee proves could be reasonably avoided. 0. 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 , 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 ive the right to apply the Security Deposit in payment of the last month's rent. 1. 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 �ssession 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. 2. WAIVER: No failure of Lessor to enforce any term hereof shall be deemed to be a waiver. 3. 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 ie address shown below, or at such other places as may be designated by the parties from time to time. f. 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 O.n a Hundred D o 11 a r s ....... ............., per month, otherwise in accordance with the terms hereof, as applicable. 5 TIME: Time is of the essence of this lease. 16. HEIRS, ASSIGNS, SUCCESSORS: This lease is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties. 7. 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 .uch 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 esentation 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 gent 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 :eluded in such year. paragraphs numbered 28 through 34 are attached hereto and form a part of this agreement APPROVED BY , i P-( MDS01_1J-i-10N No. b 05 NTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. The following xhibits, if any, have been made a part of this lease before the parties' execution hereof: .................... - ---- - --------------------------------------------------------------------------------- The ereof:....................---_--.........._-.--___.--.______.________-__-....-.-..--------.____-_------.--------- y...... The undersigned Lessee hereby acknowledges receipt of a copy hereof. January 1981 DATED:....._.... ----<�-------- -------.._% _....--•------------•-•--- none}. ��q �1 7,.. •-------------------------------------------------------------------•-------------Agent ............ ,t � 1-- �.. _... •--••-............-_.Lessee ROBERT VT1 OHN) 61 Hin U e ---Lessee Address _... ---- --• -- -- -• - - San Anselmo, CA 94960 ............Phone _._ 41 5) 4 5 4- 3 8 2 6 ..................................................................... Address ACCEPTANCE The undersigned Lessor accepts the foregoing offer and agrees to lease the herein described premises on the terms and conditions herein specified. The Lessor agrees o a to none the Agent in this transaction, pay................................ .-----.n ......_.... - lie sum of . ...... (---------- ................ ........ :.......-------- .. .......... ..... .-.--.._ ----------------- - ....... - ..- .- ....... ..... ........ .............. DOLLARS) OLLA or 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 in ,ny 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 A this lease, Owner agrees to pay the Agent a sales commission of ._.-n-o-n_e... ......... % of the sale price. The undersigned Lessor hereby acknowledges receipt of a copy hereof. February 1981 DATED: .......................................- - — - ----------------------- none City of San Rafael Owner's Authorized Agent .....-------------------- . ..............................................._.......... ... rJ..._....._.................. ................. Lessor .Address C �vZQ-dk ' �.... . Lessor by. LAWRENCE E. MULRYAN, Mayor .....Phone P B O X 6-0 Address San Rafael, CA 94915 By............ - --- ------------------------- (41 5) -- 5 6 —11 1 2 ............ ........................................................ Phone (4-23_7'5) ADDENDUM TO LEASE WITH ROBERT PETTIJOHN, LESSEE, AND CITY OF SAN RAFAEL, LESSOR 26. 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. 29. Cancellation: The lessor reserves the' right to cancel and terminate this lease, with cause, upon sixty (60) days written notice and refund any unearned rent. Cause shall be interpreted as the Agency and/or City having good and sufficient reason to use its property in some other manner. 30. Waiver of Relocation Assistant Benefits: Lessee hereby waives any and all rights to relocation assistance benefits set forth in California Government Code Section 7260 et seq., as amended. 31. Access: Lessee agrees to provide vehicle access through subject property to other city lands. 32. Fencing: Consistent with conditions of City use permit, Lessee agrees and shall erect at Lessee's expense a fence to close off leased area. Upon termination and cancellation Lessee shall have right to remove fences erected under this paragraph. Any fencing remaining thirty (30) days after termination or cancel- lation shall be presumed abandoned and become the property of the City. 33. Clean Up: Lessee agrees to remove all debris from site and any materials deposited on site must be clean compacted fill that meets or exceeds specification for city streets. 34. City Use Permit: Lessee agrees to apply for and secure a City use permit prior to occupying the premises. I 'Ll C. S A, N 2-1 RA F4 L L 15 71 x, 0 (- /4 - D 4c Y t Avlarsh cindi' t t Trac 91 NO TE - lssesscr's :ccs E/10505 jr r s or,,; jr - e Cirdaa.