HomeMy WebLinkAboutResolution No. 4769RESOLUTION NO. 4769
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
MARIN MUNICIPAL WATER DISTRICT
a copy of which is hereby attached and by this reference made a
part hereof.
I, MARION A. GRADY Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and regularly
introduced and adopted at a RFr.111AR meeting of the
Council of said City held on
MONDAY
the 1ST
day of JULY , 19 74 , by the following vote, to -wit:
AYES: Councilmen: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: Councilmen: None
ABSENT: Councilmen: Mulryan
MARION A. GRADY, City Cle
(LEASE WITH MARIN MUNICIPAL WATER DISTRICT, DATED JUNE 12, 1974 FOR CITY
PARKING LOT AT SOUTHWEST CORNER OF SECOND STREET AND GRAND AVENUE)
LEASE
THIS LEASE, made and entered into this 12th day of June, 1974, by and
between 11-ARINI MUNICIPAL WATIER DISTRICT, a Public Corporation, hereinafter
referred to as "District", and the CITY OF SAP? Rti.FAEL, hereinafter referred to as
"City".
WITNESSETR
That District, for and in consideration of the rents, covenants and promises
hereinafter contained, sloes hereby lease to City, the City hereby leases frorn District,
all that certain property more particularly described in Exhibit "A" attached hereto and
made a part hereof.
THE PARTIES HERETO DO HEREBY AGREE AS .FOLLOWS:
1. The tents of this lease is for one year, commencing upon the 1st day of
July, 1974, and expiring upon the 30th day of June, 1975.
2. As consideration of this lease, City shall pay to District the sum of Two
Hundred Seventy -Five Dollars (5275.00) per month payable hi advance to District.
3. The lemed premises shall be used by City solely as a car pool terminal
parking lot or general parking lot.
4. ' Fotomat Corporation leases from District a drive -up photo dispen:sing
operation on said premises. The City acknowledges receipt of copies of Fotomat's month
to month tenancy agreement and t groes to permit Fotomat Corporation to continue to
occupy and use those portions of the lease premises contracted for under their agreements
with the District. District agrees to relocate Fotomwt's existing structure from its present
location to a location as shown on the plat attached hereto and labeled "Exhibit B",
at District's expense.
5. The City shall not be entitled to any portion of rent paid to the District
by Fotomat Corporation as part of the terms of their agreement with The District.
6. The City at no cost to District shall construct parking areas and appurtenant
facilities for the utilization of the lease premises as a car pool terminal and -parking lot.
City shall submit to District, for District's approval, a set of plans showing those
improvements conteFnplated by City prior to construction thereof.
7. City shall be solely responsible for.the maintenance of the facilities and
grounds and shall l ce•p said premises ih good condition and repair. City shall bear all
costs of same and all costs of supplying utilities to the premises.
B. City shall at its sole cost and expense comply with all requirements of
all Municip*l, State and Federal authorities now in force, or which may hereafter be in
force. Cite shall faithfully observe all P;lunicipal Ordinances and State and Federal Statutes
now in fowe or whic;i may hereafter be in force.
9. City shall permit District and its agents to enter into and upon said premises
at all reasonable times and for the purpose of inspecting the same or for the purpose
of posting notices of non-liability for alterations, additions or repairs, or for the purpose
of placing upon the property any usual or ordinary "For Sale" sign, without any rebate
of rent to the City for any loss of occupation or quint enjoyment of premises thereby
occasioned; and shall permit the District to place upon said premises any usual or ordinary
"To Let", or "To Lease" signs.
10. City shall not assign this lease, or any interest therein, and shall not sublet
the premises nor any part thereof or any right or privilege appurtenant thereto, or suffer
any other person (the agents and servants of City excepted) to occupy or use said premises,
or any portion thereof, without the written consent of District first had and obtained.
Rental of parking space shall not be construed as a subletting under this lease.
11. Any fees collected by City for rental of parking spaces on the lease premises
shall in no xray effect the liereinabove agreed upon monthly consideration to be paid
to District by City under this lease.
12. City, as past of the consideration to be rendered to District, hereby waives
all claims against District for damages to equipment, vehicles and other personal property
in, upon or about said premises and for injuries to any persons in or about said premises,
from any cause arising at any time, and City will hold District harmless from any damage
or injury to any person arising from the use of the premises by the City or arising from
t' he failure of the City to keep the premises in good condition or repair.
13. If City fails to maintain and operate said premises for car pool terminal
or parking lot in accordance with the terms of this lease, or should City abandon the
premises, District may immediately re-enter said premises and all improvements upon said
property shall immediately become th,- property of District and all rights of City under
this lease, including the right to possession, shall immediately terminate.
14. City shall be responsible for and carry fire insurance on any and all
equipment, vehicles and other personal property located upon the premises.
15. City agrees to hold District free from loss, damage or expense in any way
arising or occurring on account of any claim or claims for damages made by any person
or persons on account of injuries to persons or property sustained or alleged to have
been sustained upon or about the demised premises, and in this behalf, City agrees to
continuously maintain and pay for throughout the term hereof, Public Liability Insurance
written by a reputable insurance company doing business in the State of California and
insuring both the District and the City in amounts not less than $600,000 combined single
limits, or not less than $500,000 for injury to or the death of one person, and subject
to that limitation, not less than $2,000,000 for injuries to or the death of more than
one person and not less than $300,000 for property damage. Such insurance coverage
shall specifically name Marin Municipal Water District as an additional insured with the
City and shall provide that said coverage is primary and underlying insurance to any
insurance carried by the District and that any insurance carried by the District shall be
excess to any insurance provided by the City to cover the District under this paragraph.
Forthwith, upon the execution of this lease and before the lease shall commence, City
shall supply to and leave with the District, a copy of such insurance policy and/or
endorsement naming the District as an additional insured. Said policy or endorsement
provided by City shall specify that any excess clause eontabied in the City's policy
notwithstanding, the coverage provided thereunder is primary and underlying to any
insurance carried by the District and any insurance carried by the District shall be excess
to any insurance provided under the policy.
City shall also supply and leave with District a certificate by the insurance company stating
that the insurance has been issued and is in good standing, and that said policy shall
not be cancelled without thirty (30) days notice in writing to District.
15. The parties acknowledge the pendency of the certain action entitled Marin
Municipal Fater District versus State of California, et al., Marin County Superior Court
Actioq No. 49577, and the claims and counterclaims asserted therein. The obligations
of the City, hereunder, shall not be affected by any determination respecting title or
ownership which inay be made in said action, or as a result of the matters alleged therein.
The parties further acknowledge that the use of said land provided in this lease is not
the highest or bust use of the demised premises.
17. In any legal action arising out of or related to this agreement, the prevailing
party shall be awarded a reasonable attorney's fee to be determined by the court.
18. All notices to be given to the City may be given in writing, personally
or by depositing the same hi the United States Mail, postage prepaid and addressed to
City of San Rafael City Hall, 1400 Fifth Street, San Rafael, California, whether or not
City has departed therefrom; and any notices to District may be mailed, postage prepaid,
and addressed to the District in care of Attorney Tom Thorner, P.O. Fox 4118, San
Rafael, California 94903.
IN WITNESS WHEREOF, the parties hereto have executed this lease the day
and year first above written.
Attest:
CITY OF SAN RAFAEL
City
MARIN MUNICIPAL NVATER D
By
District
Attest: %%r
EXHIBIT "A"
DESCIti1PTIOPd OF LEASE AREA.
Thosc lawds of the 14arin Municipal Water District situated in the City of San
Rafzel, County of ; 4arin bound on the Ndorth by the South line of Second Street; on
the East by ti --e vif,.st line of Grand Awl-ILI:; 0:1 tine South by the North tine of the San
•,;ibed in the deed
I���fsel Canal, r�ntl on fife %-+`c't by the <.:F:ii::,Iy line of the, parcel desc
to Iiarm on-14f1:nal,Crs rccordcd in Book 2294 of Official Records at Page 625, i'Iarin County
Records.
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