HomeMy WebLinkAboutResolution No. 5531RESOLUTION NO. 5531
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN RAFAEL APPROVING LEASE AGREE -
FOR PROPERTY AT JORDAN 9 LINDARO STREETS.
(A.P. 13-031-46)
The City of San Rafael, hereinafter referred to as City, does
hereby find and determine that:
1. WHEREAS, the City owns that property at Jordan & Lindaro
Street, A.P. 13-031-46; and
2. WHEREAS, the City Council of the City of San Rafael finds
it in the best interest of the City to enter into an interim rental
agreement; and
3. WHEREAS, Marin Lumber has agreed to pay the City of San
Rafael the sum of Thirteen Thousand Seven Hundred Fifty Dollars
($13,750) for the period of fifty months (50), as per lease agreement
described in Exhibit "A" attached hereto.
NOW, THEREFORE, the City takes the following action:
RESOLVED, the Mayor of the City is hereby authorized to sign
the lease agreement, referenced as Exhibit "A" attached hereto, with
Marin Lumber, for a portion of that city -owned property at Jordan 6
Lindaro Streets, A.P. 13-031-46.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael
hereby certify that the foregoing resolution was duly and regularly
introduced and adopted at a REGULAR meeting of the members of said
Council held on the 7th day of August , 1978, by the following vote
to wit:
AYES: COUNCILMEN : Jensen, Miskimen, Mulryan, Ni.xon and Mayor Bettini.
NOES: COUNCILMEN : None
ABSENT: COUNCILMEN : None
JEANNE M. LEONCINI, City Clerk
REGINA A. UCHANAN - Deputy City Clerk
,a
COMME$CIAL LEASE AND DEPOSIT k, -:CE
E
0-, 1 -1 A
RECEIVED FROM .................... Marin Lumber Inc.
. .......................................... _ .................... .................................................................................................... . ...............................................................
................................................. l.& ... Jardan .... Street.,....San....Raf ael,-.-.Ca ............................................................ hereinafter referred to as LESSEE,
the sum of $_S5.0-0.0 ............................. ( ... F-ive ... E-undred --- Fifty-- -Dal 1 ars .... and --- .... DDJ1.0.0 ........... DOLLARS),
evidenced by .......Check............................................................ as a deposit which, upon acceptance of this lease, shall belong to Lessor and shall be applied as follows:
RECEIVED . PAYABLE PRIOR TO OCCUPANCY
Rent for the period from .......... jRly .... !..Jq7-8----....-. to ---- ._jlkly ...31.7.....19..8_._ $....2.7.`'.__'- O.................... ...........................................
Last.......................... month's rent ................................................. $ ..... ------------------- ...... $ ....................................................
Securitydeposit ............................................................... =._.......----------...•---------• - $ ----------------------------- I ............. ........
Other...................................................................... $......------•-------..-,_........----.._._......_. ..---------------------- ---- ......
TOTAL..................................................................... $----.5 50,Aq ....... . * ... * --------- _$ ---_------------- __ ........... ......... ...
In the event that this lease is not accepted by the Les,,or within .........f ift.ejen ............................ business days, the total deposit received shall be refunded.
Lessee hereby offers to lease from Lessor the premises situated in the City of ......Sail --.Rafael------------------- County of ...........Marin..--.--._--......
State of, __._Q?!1if_Q.r7dA ..................... described as ..... lhe .... eA5.t.Q.rjy ... 12.
sq jft,-----pf.
_-A..&-ity.... f�
W d ... . ... .....
.... .......
..... 1-37-011=461 .... at .... the ..... qorn.e.r.....of Jordan.- .... and .... Lin.da.r.o .....Street ........ ........................................ ... ...... .
.................................................................................................................................................................................................. _ ............ .......... ............................ ........... . .... .............. ......
upon the following TERMS and CONDITIONS:
1. TERM: The term hereof shall commence an .......... July .... l_ ............................ .... ...... 19_7$ and expire on ................August. 3.1 .. .. .... ...... 19 82,
2. RENT: The total rent shall be $ ... ....................... payable as follows: ..... eaQD.5-e-C-Vt iY.e .... - tb-1 ... ...................... . ... . .. .. ...... .
mgm y installments
of ..... 0.75 .... per ... M.Q.11th .... 1 ...... 1.9.7.8....ARd ..... gonlin.uinz .... th..e.rqaf ter ..• until.._..., ....
...... the .... t -full...._~.. .... ........................................ ............
. !atAl .... rent.... h.a.s ..... b.e.e.n...p.Ai.d...An ............... ........ ...... ................................... .......... .
.................................................................................. ._ ............ ........ .............. . ............................................................................................................................ ............ ....
............................................................................ ___ .... ........ ......... ........ ............................................... I .............. . ..... ...................... .... .......... .............. ...
All rents shall be paid to Owner or his authorized agent, at the following address.-....Gity ---- of .... S. an .... Rifael., F....Q .... ... RctX._U� . . ......... .............. ....
— .......................................... I .......................... . ------- _$an__Fa.fae1 .. ..... Ga ....... 9.!4.9..Q.2 .. ....... .............................. ... ..... . . ... .....
or at such other places as may be designated by Owner from time to time.
3. USE: The premises are to be used for the operation @f ..... s.torage. of lumber,... -:_offs .... pAT�� ng. -
.
g
.... ................ ......... .. .... ........ . ...
. ......... ..... .......... ... ...... . . .. ................... ........................ ..... ..... I ......... ..... . .. I ... .......................................... ..... .. ........................................... ................. ........... ....
and 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 permitted
to 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
said property. 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, which
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 force.
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 state or
federal court abatement proceeding affecting the use of tile premises shall, at the option of the Lessor, be deemed a breach hereof.
7. MAINTENANCE, REPAIRS, ALTERATIONS: Lessee acknowledges that the premise,; are in good order and repair, unless otherwise indicated herein. Lessee shall,
at his 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
other 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
shall be responsible for all repairs required, excepting the none .................... ................. . ...... . ... ..... .... ............ ............................. ..... ................
. -_K'�_ e_ ... . ... . . ... ........... . .. ... ... ........ . ..... ...................................... which hall b maintained by Lessor. 'Lessee shall also maintain in good condition such portions i('Ij'a'cent to the premises, such as sidewalks, driveways, lawns and shrub.
bery, 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. P*Fior to the commencement of any substantial repair, improve-
ment, 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.
S. ENTRY AND INSPECTION: Lessee shall permit Lessor or Lessor's agents to enter upon the premises al reasonable times and upon reasonable nitice. for the
purpose of inspecting the same, and will permit Lessor at any time within sixty (60) days prior to the expiration of this lease, to place uprin the pram; -C-: a-; 'Tr
Let" or "For Lease" signs, 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. Gr to a% property, occurring on the de- ':c�
premises or any part thereof, and Lessee agrees to hold Lessor -harmless from any claims for damages, no matter how caused.
10. POSSESSION: If Lessor is unable do deliver possession of the premises at the commencement hereof, Lessor shall not be liable for any damage caused thereby.
nor shall this lease be void or voidable, but Lessee shall not be liable for any rent until possession is delivered. Lessee may terminate this ]Ease if possession is not deliv-
ered within ....................days of the commencement of the term hereof.
11. INSURANCE: Lessee, at his expense, shall maintain plate glass, public liability and property damage insurance insuring Lessee and Lessor with minimum coverage
as follows: ... $-1-13 O.,GO-G. ..property .... damage.,.. .4a.O.G.,.0 GO._per son a.1 . injury .... . .... .......... .......... ............... ...
.................................................................. ........... .... ..... . ..... ............ . .............................. ... ............................................... . . ... ..... ...................... ................ ...
........ .. ......... . ....... .. .. ..... ... ... . ....... ......... .
.... ........... . ...
Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured. The Certificate shall provide for a ten clay written notice to Lessor in
the event of cancellation or material change of coverage.
To the maximum extent permitted by insurance policies which [nay be owned by Lessor or Lessee, Lessee and I essor, for the benefit of each other, waive any , i a.,
rights of which might otherwise exist.
12. UTILITIES: lessee agrees that fie !;hall be responsible for the payment of all utilities, including water, gas, (:!cctricily, leat and ether services delivered to Ilse
premises.
13. SIGNS: Lessor reserves the exclusive right to the roof, side and rear %valls of the Premises. Lessee shall not construct any projecting sign or avining V.iihout the
prior written consent of Lessor which consent shall not be unreasonably withheld.
14. ABANDONMENT OF PREMISES: Lessee shall riot vacate or abandon the premises at any time during the term hereof. and if Lessee shall abandon orvacate Vi,,
premises, or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee left upon the premises shall be deemed lobe abandoned at the
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 here-
under, this lease shall, as to the part t3ken, terminate as of the date the condemnor acquires po«_ession, and thereafter Lessee shall be required to pay such proportion
of 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 hov:ever, that
Lessor 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 v.liole, or that
such portion is condemned that the remainder is not susceptible for use hereunder, this lease shall terminate upon the date upon which file condemnor acquires possession.
All 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 hovever, that
Lessee 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. Lessee
may, upon termination hereof, remove all his trade fixtures, but shall repair or pay for all repairs necessary for damages to the premises occasicned 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 fortheiitb repair the
same, provided that such repairs can be made within sixty (60) days unz!er existing governmental laws and regulations. but such partial destruction shall not terminate
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 v.hich the making of
,-.rich repairs shall interfere with the business of Lessee on the premises. If such repairs cannot he made v.ithin said sixty (60) days, Lessor, at his option, may make the
same within a reasonable time, this lease continuing in effect with the rent pinlinitionately abafPd as aforesaid, and in the event that Lessor -shall not e:ert to make
such repairs which cannot be made within sixty (60) clays, this lease may be terminated at the option of either Party.
In the event that the building in which the (ICITIised premises may be situated is destroyed to an extent of not less than one-third of the iepldcemerrt cost. thereof
Lessor play elect to terminate this lease tishethet the demised premises be injured or riot. A total destruction of the building in which the pternises may be :ittil---'c:d ',hill
terminate this lease.
In the event of any dispute between Lessor and Lessee with respect to the provisions hereof, the matter shall 'Lie settled by arbitration in such a manner as the parties
may agree upon, or if they cannot agree, in accordance with the rules of the American Arbitration Association.
18. INSOLVENCY: In the event that a receiver shall be appointed to take over the business of the Lessee, or in the event that the Lesspe shall make a general assign-
19. REMEDIES OF OWNER ON DEFAULT: In the event of any breach of this lease by Lessee, Lessor, beside; other rights and remedies he may have, shall have the
immediate right of reentry and may remove all persons and property from the premises. Such property may be moved and stored in a public warehouse or elsewhere at
the cost of, and for the account of Lessee. Should Lessor elect to reenter, 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 Wetting. 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 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, he may recover
from Lessee all damages he may incur by reason of such breach, including tire 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
4 0 0 . 0 0................................................................................................................................. 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 teen 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.
ENTIRE AGREEMENT: The foregoing constitutes the entire agreement 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.
By
. . .......................... I .... .... ..... . .............. ...........
The undersigned Lessee hereby acknowledges receipt of a copy hereof.
----- None ..............................................Agent
DATED:...-. j:q!Y ..... ... ....... a, 91-8...------...............................
Marin Lumber Inc. ... . Lessee
......................................................................................
... Address by
Phone
Lessee
15 Jordan. _Street., Sap, .Rafael , Ca . Address
456-4962
ACCEPTANCE
.. Phone
The undersigned Lessor accepts the foregoing offer and apices to lease the herein described premises on the terms an•.i condition herein specified. The Lessor agrees
to pay to the Agent in this transaction,
DOLLARS)
the sum of $
for services rendered and authorizes Agent to deduct said sum from the deposit received from Tenant. This agreement �Iial! not limit the rights 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 propt:rty from Owner prior to the expiration
of this lease, Owner agrees to pay the Agent a sales commission of ..... °6 of the sale price.
The undersigned Lessor hereby acknowledges receipt of a copy hereof.
none . ............. ..... Owner's Authorized Agent
Address
... ....................... . .... Phone
DATED... Au`ust 197-.8
... City .... of - San Rafael .. ... . Lessor
by: .......... Lessor
C. Paul Bettini, Mayor
P-0—Box 60, San Rafael, Ca: --- Address