HomeMy WebLinkAboutCC Resolution 11975 (Fire Station 7 Lease Agreement)RESOLUTION NO. 11975
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE MAYOR TO EXECUTE LEASE AGREEMENT FOR
THE COUNTY OF MARIN PROPERTY CONTAINING FIRE STATION #7,
WITH THE COUNTY OF MARIN (Term of Agreement shall commence on July
1, 2006 and continue through June 30, 2016)
WHEREAS, the current lease agreement between the City of San Rafael and the
County of Marin for the lease of the County of Marin property containing Fire Station #7,
dated July 20, 1976, terminates on June 30, 2006; and
WHEREAS, the County of Marin, County Service Area 19 for the County of
Marin, and the City of San Rafael, are entering into a Fire Protection Services Agreement
for CSA #19 and adjoining areas, contingent upon the City of San Rafael and the County
of Marin entering into an agreement for the City's continued lease of the County of
Marin property containing Fire Station #7, the improvements on which are owned by the
City; and
WHEREAS, the County of Marin and the City of San Rafael desire to enter into
a new lease agreement for the lease of the County of Marin property containing Fire
Station #7 improvements;
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Rafael authorizes the Mayor to execute the Lease Agreement for the County of
Marin property containing Fire Station #7 in the form attached hereto as Exhibit "I".
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 San Rafael City Council held on the 19th day of June, 2006, by the following vote
to wit:
AYES: Councilmembers: Cohen, Heller, Miller and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: Phillips
nr.
JE M. LEONCINI, City Clerk
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE MAYOR TO EXECUTE LEASE AGREEMENT FOR
THE COUNTY OF MAR1N PROPERTY CONTAINING FIRE STATION #7,
WITH THE COUNTY OF MARIN.
WHEREAS, the current lease agreement between the City of San Rafael and the
County of Marin for the lease of the County of Marin property containing Fire Station #7,
dated July 20, 1976, terminates on June 30, 2006; and
WHEREAS, the County of Marin, County Service Area 19 for the County of
Marin, and the City of San Rafael, are entering into a Fire Protection Services Agreement
for CSA #19 and adjoining areas, contingent upon the City of San Rafael and the County
of Marin entering into an agreement for the City's continued lease of the County of
Marin property containing Fire Station #7, the improvements on which are owned by the
City; and
WHEREAS, the County of Marin and. the City of San Rafael desire to enter into
a new lease agreement for the lease of the County of Marin property containing Fire
Station #7 improvements;
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Rafael authorizes the Mayor to execute the Lease Agreement for the County of
Marin property containing Fire Station #7 in the form attached hereto as Exhibit "I".
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 San Rafael City Council held on the 19th day of June, 2006, by the following vote
to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
JEANNE M. LEONCINI, City Clerk
EXHIBIT "I"
LEASE AGREEMENT
This Agreement is made and entered into as of the ;200.6 day of June, 2006, by and between
the COUNTY OF MARIN, a political subdivision of the State of California (hereinafter "County") and
the CITY OF SAN RAFAEL, a charter city (hereinafter "City").
RECITALS:
A. The City, County and County Service Area 19 of the County of Marin are entering into
a Fire Protection Services Agreement for County Service Area 19 and adjoining areas, which is
contingent upon the City and County entering into this Lease Agreement for the lease of the lands
described hereafter in Paragraph 2.
B. The City owns the Fire Station #7 improvements located on the Property, and the
County owns the Property.
C. The current Lease Agreement for the Property between the City and County, dated July
20, 1976, terminates on June 30, 2006.
D. The County has given notice to the City of its intention to exercise its option to acquire
title to the Fire Station #7 improvements on the Property, as provided under Section F of the
Agreement for Fire Protection Services In and Around County Service Area #19, between the City and
County, dated April 22, 1986, as amended, but the parties are mutually agreeable to defer County's
acquisition of title to such improvements from the City to a later date.
E. The County desires to continue to lease the Property to the City, and City desires to
continue to lease the Property from the County.
F. The City acknowledges that the County is in the planning stages for an Emergency
Operations/Public Safety Facility that may be located on County lands adjacent to Fire Station #7, and
that the County may require an extension of Golf Avenue across the leased lands in order to provide
direct access to this proposed facility from Golf Avenue. The County acknowledges that it will meet
with City for good faith discussions regarding potential mitigations to any adverse impacts on the Fire
Station # 7 improvements in connection with such an extension.
NOW THEREFORE, the parties agree as follows:
Title to Fire Station #7 Improvements.
The parties agree that the City shall continue to hold title to the Fire Station #7 improvements
on the Property until such time as this Agreement shall terminate, at which time the County shall
purchase such improvements and title to same shall pass to County as provided in Paragraph 7
hereafter.
5
2. Lease of Lands.
For and in consideration of the covenants and promises hereunder, County does hereby lease to
City, and City does hereby lease from County, the lands consisting of approximately 35,284 square
feet, described as the "Fire Station Site" on attached Exhibit "A" attached hereto (the "Property"),
pursuant to the terms set forth herein. Should County need to provide a roadway access from Golf
Avenue to its adjacent lands north of the Property, County may extend Golf Avenue across the
Property upon giving a minimum of eighteen (18) months advance written notice to City, such notice
to include details concerning the scope and timing of the proposed extension of Golf Avenue. Within
two (2) months following such notice, the parties shall enter into good faith negotiations for revision of
the Lease Agreement in light of the proposed extension. If the parties fail to reach an agreement on a
revised Lease Agreement within the aforementioned eighteen (18) month period, the City may
terminate this Lease Agreement upon giving a minimum of eighteen (18) months advance written
notice to the County.
3. Term.
Contingent upon the parties having entered into the Fire Protection Services Agreement,
bearing the same date as this Agreement, the term of this Agreement shall commence on July 1, 2006
and shall continue through June 30, 2016, provided that (1) either party may terminate this Agreement
upon giving the other party thirty-six (36) months advance written notice of such termination, and (2)
the parties may agree, following good faith negotiations to be held prior to June 30, 2015, to a ten (10)
year extension of this Agreement.
4. Rent.
On or before the first day of each calendar month during the term of this Agreement, without
any prior demand by County, City shall pay to County a monthly rental of $8,821.00, which amount
shall be increased by 3% on each anniversary of the Agreement.
5. Operation and Maintenance Expenses.
The City, as owner of the Fire Station #7 improvements on the Property, shall be responsible
for all operating and maintenance expenses related to the building and improvements, including all
utilities. The City shall also be responsible for landscape maintenance on the Property.
6. Improvements.
The City may make non-structural or structural alterations, renovations, replacements, or other
improvements to the Fire Station #7 building that do not affect the total square footage, dimension or
height of such building, or the external appearance of the building, without the written consent of the
County. The City also may replace the roof on the Fire Station #7 building, make landscape
improvements, and make repairs to the existing paved parking lot on the Property, without the written
consent of the County. Any other exterior improvements on the Property shall require the County's
written consent, and shall conform, to the extent applicable, with the County Civic Center Master Plan
Guidelines, adopted by the Board of Supervisors on December 20, 2005, on file with the County Clerk,
and shown on the County's website at httD://WWW.co.marin.ca.us/dei)ts/AD/MainMasterPG.cftn. City
shall provide the County with at least thirty (30) days advance written notice of any improvements to
2
the Property that will cost more than $44,000 and have a useful life greater than five (5) years
("Special Improvements").
7. Purchase from City of Improvements Upon Termination.
Within ninety (90) days of the termination of this Agreement, County shall pay to City
$75,000, increased by 3% on June 30th of each year during the term of this Agreement, plus the
unamortized cost of any Special Improvements, for the purchase of the Fire Station #7 improvements
on the Property.
S. Destruction or Damage of Improvements.
Notwithstanding Paragraph 3 of this Agreement, if, during the term of this Agreement, the Fire
Station #7 improvements are totally destroyed or damaged to the extent that the improvements are no
longer suitable or adequate for use as a fire station, all rent due under the Agreement shall be totally
abated effective as of the date of destruction or damage, and City may elect to either reconstruct or
repair the improvements or to terminate this Agreement by giving written notice to the County within
three (3) months following such destruction or damage. If the City elects to reconstruct or repair the
improvements, City shall commence such reconstruction or repair within six (6) months after giving
notice of such election, and upon the completion of such reconstruction or repair the full monthly rent
payable under the Agreement shall again become payable for the remaining term of the Agreement. If
the City elects to terminate the Agreement due to the destruction or damage of the Fire Station #7
improvements, City shall clear the Property of the destroyed or damaged improvements and title to the
Property shall be vested free and clear in the County.
9. Indemnification.
City shall defend, protect, indemnify and hold harmless the County against and from any and
all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including,
without limitation, reasonable attorneys' fees, costs and disbursements) (collectively "Claims") arising
out of the City's negligence or willful misconduct, or the City's operations on the Property under this
Agreement, including any Claims under any Federal or State regulations related to accessibility.
County shall defend, protect, indemnify and hold harmless the City against and from any and all
claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without
limitation, reasonable attorneys' fees, costs and disbursements) (collectively "Claims") arising out of
the County's negligence or willful misconduct.
10. Hazardous Materials.
City shall be responsible for the disposal in accordance with applicable laws of any hazardous
materials placed on the Property by City or City's agents, and shall defend, protect, indemnify and
hold harmless the County against and from any claims, suits, liabilities, judgments, costs, demands,
causes of action and expenses (including without limitation reasonable attorneys' fees, costs and
disbursements) arising from such hazardous materials. County shall be responsible for the disposal in
accordance with applicable laws of any other hazardous materials found on the Property, and shall
defend, protect, indemnify and hold harmless the City against and from any and all claims, suits,
liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation,
reasonable attorneys' fees, costs and disbursements) arising from such other hazardous materials.
3
11. Amendments.
This Agreement may be amended by written consent of both parties.
12. Notices.
All notices or communications hereunder shall be in writing and shall be sent by first class
mail, addressed to the other party at the addresses indicated below, or such other addresses as the
parties may from time to time designate in writing. Notice shall be deemed given upon placement of
the notice into the mail.
To County: County Administrator
County of Marin
3501 Civic Center Drive
San Rafael, CA 94903
To City: City Manager
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the day and year first above written.
CITY OF SAN RAFAEL
ALER/Jd.B , Mayor
ATTEST:
J&:M.
APPROVIJD A� FO
ev
GARY T. RAGGHIANTI, City Attorney
4
COUNTY OF MARIN
L4a4A 6
President of the Bo rd:of Supervisors
ATTEST:
Clerk of the Board L
APP VED AS TO FORM:
P*R- ICK FAULKER, County Counsel
' �� ,L"J • , � `h L= 3-x¢7
o �yi^G :S/d4,94 SiTC 4
N -S OZo'671
.. L ,r �2� Bs �' o� •
U. S. P.sf
/t/ o li St�'YJ P�cirU %ZQ
COUNTY OF MARiN Ci.vf.e-
DEPARTMENT OF PUBLIC WORKS
APPROVED
DIRECTOR OF PUBLIC WORKS
DESIGNED DRAWN CH EGK4D OF FILE NO.
EXHIBIT A