HomeMy WebLinkAboutResolution No. 5042RESOLUTION NO. 5042
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
THE ROMAN CATHOLIC ARCHBISHOP OF SAN FRANCISCO, A CORPORATION
- for option agreement St. Isabella's property
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
re ular
and adopted at a n adjourned meeting of the City Council of said
City held on Monday the 22nd day of �P�tember
197_, by the following vote, to wit:
AYES: COUNCILMEN: JENSEN, MISKIMEN, MULRYAN
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NIXON AND MAYOR BETTINI
MARION A. GRADY - City Clerk
OPTION AGREEMENT
THIS :AGREEMENT, made this day of , 1975, by and
between the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to
as "City", and THE ROMAN CATHOLIC ARCHBISHOP OF SAN FRANCISCO, a corpora-
tion sole, hereinafter referred to as "Seller".
WITNESSETH:
WHEREAS, Seller is the owner of real property situated in the County of Marin,
State of California, and more particularly described in Parcel A of Exhibit "A", which
is attached hereto and by this reference made a part hereof, being a portion of St.
Isabella's Church in the City of San Rafael, County of Marin, State of California,
owned by THE ROMAN CATHOLIC ARCHBISHOP OF SAN FRANCISCO, a corporation
sole; and
WHEREAS, the parcel A of Exhibit "A" referred to above shall hereinafter be
referred to as "the property"; and
WHEREAS, City desires to acquire the exclusive right to purchase, without
becoming obligated to purchase, the property at an agreed price and under specified
terms and conditions; and
WHEREAS, the parties desire to enter into this Option Agreement for the pur-
chase and sale of said property.
NOW, THEREFORE, IT IS AGREED as follows:
1. Seller hereby grants to City the exclusive right to purchase the property
at a price and under the terms and conditions as set forth hereafter.
2. This option shall be for a period of one (1) year, commencing on the
date of execution of this Option Agreement.
3. This option is granted in consideration of City's clearing of the lot to
the specifications of Father Dingberg, Pastor, St. Isabella's Church.
4. It is mutually agreed that the value of the clearing is $975 .00 .
5. City agrees to clear the lot and remove all debris once during this contract
period and at a time specified by Father Dingberg .
6. It is mutually agreed between the City and thn Seller that the purchase
price shall not exceed $49,350.00.
7. In the event this option or any extension thereof is not exercised, all
sums paid and services rendered to Seller by City shall be retained by Seller in
consideration of the granting of this option.
B. If City is not in breach of this, Agrecm(.nt, it niay exercise this, option by
delivering to Seller, its written notification of said oxnrcise. [Seller shall then
immediately execute, acknowledge, and dolivcr to City its decd to the within de-
scribed property.
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9. if City fails to exercise, this option in accordance with its terms and
within the option period or any extension thereof, then this option and the rights
of the Seller shall automatically and immediately terminate without notice. There-
after, City agrees that it will properly execute, acknowledge and deliver to Seller
within 30 days of request therefor, a release or any other document required by
Seller or a title insurance company to verify the termination of this Option Agree-
ment.
10. Neither City nor Seller may assign this Agreement.
11. finless otherwise provided herein, any notice, tender or delivery to
be given hereunder by either party to the other may be effected by personal delivery
in writing or by registered or certified mail, postage prepaid, return receipt re-
quested, and shall be deemed communicated as of mailing. Mailed notice shall
be addressed as set forth below, but each party may change his address by written
notice in accordance with this paragraph.
City of San Rafael The Roman Catholic Archbishop of
City Hall San Francisco, a corporation
1400 Fifth Avenue 445 Church Street
San Rafael, Calif . 94901 San Francisco, California
Attn: William J. Bielser
12. Upon exercise of the option as provided for herein and delivery of the
deed to the within property, said property shall be free and clear of all liens and
encumbrances.
13. This instrument contains the entire agreement between the parties re-
lating to the option herein granted. Any oral representations or modifications con-
cerning this instrument shall be of no force and effect excepting a subsequent
modification in writing, signed by the party to be charged.
14. In the event of any controversy, claim or dispute between the parties
hereto, arising out of or relating to this Agreement or the breach thereof, the
prevailing party shall be entitled to recover from the losing party reasonable ex-
penses, attorney's fees, and costs.
15. This Agreement shall bind and inure to the benefit of the respective heirs,
personal representatives, and successors of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Option Agreement
the day and year first above written.
CITY OF SAN RAFAEL, a municipal THE ROMAN CATHOLIC ARCHBISHOP OF
corporation SAN FRANCISCO, a corporation sole
By
C. PAUL BETTINI, Mayor
ATTEST:
MARION A. GRADY, _City Clerk
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