HomeMy WebLinkAboutResolution No. 5110RESOLUTION NO. 5110
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf
of the City of San Rafael a lease or agreement with
DWIGHT SPURGEON FOR RENTAL OF "KIOSK" BUILDING ON THE SOUTH SIDE OF
FOURTH STREET BETWEEN HETHERTON AND IRWIN STREETS.
A copy of which is hereby attached and by this reference made a part
hereof.
I, MARION A. GRADY, 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 City Council of said
City held on MONDAY the 19TH _ day of _APRIL
19 76 , by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
MARION A. GRADY - City Cler
Ci R I G I N A'L
AGREEMENT
THIS AGREEMENT is entered into this _�/�day of Mic ,
1976, between the CITY OF SAN RAFAEL, a municipal corporation, here-
inafter called "City" and DWIGHT SPURGEON of Third and Tamalpais,
San Rafael, California, hereinafter called "Spurgeon".
W I T N E S S E T H
WHEREAS, City is the owner of a small redwood six -sided
building located on the south side of Fourth Street between Heatherton
and Irwin Streets and hereinafter referred to as "kiosk"; and
WHEREAS, Spurgeon wishes to rent said building from City
for the purpose of bus transportation ticket sales only; and
WHEREAS, City is desirous of renting said kiosk to Spurgeon.
IT IS HEREBY AGREED AS FOLLOWS:
1. City hereby rents to Spurgeon and Spurgeon hereby rents
from City Kiosk for the sum of $50.00 per month, payable in advance
on the 1st day of each and every month during the period of said
rental.
2. The term of this Agreement shall be for a period of one
year commencing on the 1st day of March, 1976, and continuing to and
including the last day of February, 1977. The first and last month's
rental is payable in advance.
3. Nothing contained herein however, shall prevent City or
Spurgeon from rescinding this Agreement for the rental of said Kiosk
upon giving the other party 30 days' written notice.
4. The use of said Kiosk by Spurgeon shall be limited to
the sale of bus transportation tickets only. There shall be no sale
of confections, cigarettes, or other items.
5. For the duration of this lease, lessee is entitled to
use parking space 24 A located immediately adjacent to the Kiosk.
6. Spurgeon shall have the option to renew this Agreement
upon notifying the City in writing 30 days prior to the expiration of
this Agreement and said renewal shall be on the same terms and condi-
tions, save and except rental which shall be negotiable and acIreed
upon by the parties.
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7. There shall be no alterations, additions, painting, or
remudeling without the express permission of the Parks Department of
City.
8. City shall be responsible for the repair and maintenance
of thu exterior walls and roof.
9. Spurgeon shall be responsible for all repair and main-
tenance of the interior of said Kiosk and the windows and any glass
that is necessary to replace shall be of the same type and quality
as presently exists.
10. There presently exists in said Kiosk newspaper vending
machines which shall be used by the respective owners rent free as
the owners have purchased these boxes and are complying with the
City's request to remove them from the street.
IN WITNESS WHEREOF the parties have hereunto set their hands
the year and day first above written.
Attest:
MARION A. GRADY, City Clerk
Approved as to Form:
� ARRY i,.7'CONNICK,cCity-Attorney
.L C l c �: Gt.. • ..---
DW HT SURGEON
CITY OF SAN RAFAEL, a municipal
corporation
M
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C. PAUL BETTINI, Mayor