HomeMy WebLinkAboutResolution No. 4953RESOLUTION N0. 4953
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 San Rafael Redevelopment Agency (Lease for property located
at 1313 Fifth Avenue)
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, here-
by 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 21st day of April ,
19 75 , by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
MARION A. GRADY - City Clerk
L E A S E
This Lease is executed at San Rafael, California, on the 1st day of
May, 1975 between the CITY OF SAID RAFAEL, a municipal corporation, hereinafter
referred to as "Lessor" and the SAN RAFAEL REDEVELOPMENT AGENCY, hereinafter
referred to as "Lessee".
IT IS AGREED between the parties hereto as follows:
1. DESCRIPTION OF PREMISES. The Lessor hereby leases to the Lessee
the property located at 1313 Fifth Avenue, San Rafael, California.
2. TERM. The term of the within Lease shall be for a period of six
(6) years commencing on the 1st day of May, 1975 and ending on the 31st day of
May, 1981.
3. RENT. The total rent is $28,800.00, lawful money of the United
States of America, which Lessee agrees to pay to Lessor at San Rafael City Hall
in monthly installments, at the rate of $400.00 per month, commencing on the
1st day of May, 1975, and $400.00 on the first day of each and every month
thereafter until the expiration of said term, to -wit, May 31, 1981.
It being provided further, however, that the Lessee is authorized to
rehabilitate the structure located at 1313 Fifth Avenue, San Rafael, California,
at a cost not to exceed $20,000.00 and the Lessee is further authorized to
amortize the actual cost expended in the rehabilitation of said structure at
the rate of $300.00 per month, which may be deducted from the monthly rentals
due, commencing with the 1st day of flay, 1975, until the actual cost of the
rehabilitation has been recouped by the Lessee.
4. USE. Said premises are lu:)S`d t.o the LessCe for the purpu5e Of
p,roviding office space for Lessee's stat f.
[' IrlCU nJIC= 1J1,R'` fife li n `,1.1; 11 13,, rjade or pelrliltted to be rookie
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of the tcaid t.11'l:Cil!'.i�'.5, i"!C i" it:i5:
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iSit:i1) r to o
in1u1' ;Ice ul.,on said pr�I:�is�s, '.:,r
CE;use ain�ur�ice
po ic;r
cC)'JeI"Inij said prej-jiises Or any pal - t t I'CUI- nor shawl1 Lessee 5eII, or p=rGlit to
be kept, used, or sold in or about si;id prel:ji-:5es, any article which may be pro-
hibited by the standard form of fire insurance policies. Lessee shall, at its
sole cost and expense, comply with any and all requirements, pertaining to said
premises, of any insurance organization or comipany, necessary for the maintenance
of reasonable fire and public liability insurance, covering said premises and
appurtenances.
6. WASTE, QUIET CONDUCT. Lessee shall not commit, or suffer to be
committed, any t•.'aste upon the said premises, or any nuisance, or other act or
thing which may disturb the quiet enjoyment of any other tenant in the building
in which the demised premises may be located.
7. UTILITIES. Lessee shall pay for all :later, gas, heat, light,
power, telephone service, and all other service supplied to the said premises.
8. ABANDONME11T OF PREMISES, TRADE FIXTURES. Lessee shall not vacate
or abandon the premises at any time during the term; and if Lessee shall abandon,
vacate, or surrender said premises, or be dispossessed by process of law, or
otherwise, any personal property belonging to Lessee and left on the premises
shall be deemed to be abandoned, at the option of Lessor, except such property
as may be mortgaged to Lessor.
g. COMPLIANCE WITH LAW. Lessee shall, at its sole cost and expense,
comply with all of the requirements of all Municipal, State and Federal author-
ities now in force, or which may hereafter be in force, pertaining to the said
premises, and shall faithfully observe in the use of the premises all Municipal
ordinances and State and Federal statutes now in force or t-rhich may hereafter
be in force. The judgment of any court of competent jurisdiction, or the ad-
mission of Lessee in any action or proceeding against Lessee, whether Lessor
be a party thereto or not, that Lessee has violated any such ordinance or statute
in the use of the premises shall be conclusive of that fact as between Lessor and
Lessee.
10. NONLIABILITY OF OWNER FOR DAMAGES. This Lease is made upon the
express condition that Lessor" is to Le fres from all liability and claim for
dai;iages by reason of any inf lir;% Lo ally pell'`_lirl L.ir' perbonS, including ur
property of any kind vIliatsocvcr and to llllo11oU_'Vel" bCl:1i{ Jtnl�, inCIudlny Lessee,
i'rom, any cause of Calls -C's i}L?`JC9I' `:flir �:_: i;),.U}�e;,;l, C.!' 1!1 ally :day CUnrleCted with
I
t. i1 C S. c.t { d (.;% rll { S e Cl 1' C 1 it i S C; S C) I ` f l e :' d! u c: 1 �•.:i c.' U Cl i f I i L t. !- I �. L'-) Ci u i' 1 I'I f i t
(:.
Lerill of this or any l5<t' 11SI l'il Ilr l...l}r' eel oily C)C::I.IpcllCy hereUlld r, Lessee_
flereby ccvenontinq and agreeing to indeiO!,ii fy and gave harmless Lussor from all
liability, loss, cost, and obligations on account of or arising out of any such
injuries or losses however occurring.
11. LIABILITY INSURANCE. Lessee further agrees to take out and keep
in force during the life hereof, at Lessee's expense, public liability insurance
to protect against any liability to the public incident to the use of or re-
sulting from any accident occurring in or about said premises, the liability of
-2-
such insurance to be not less than $300,000.00 for any one person injured, or
$500,000.00 for any one accident, or $20,000.00 for property damage. These
policies shall insure the contingent liability of Lessor and are to be placed
with Lessor, and Lessee is to obtain a written obligation on the part of the
insurance carriers to notify Lessor in writing prior to any cancellation thereof,
and Lessee agrees, if Lessee does not keep such insurance in full force and
effect, the Lessor may take out the necessary insurance and pay the premium and
the repayment thereof shall be deemed to be part of the rental and payment as
such on the next day upon which rent becomes due.
12. DESTRUCTION OF PREMISES. In the event of a partial destruction
of the said premises during the said term, from any cause, Lessor shall forth-
with repair the same, provided such repairs can be made within sixty (60) days
under the lamas and regulations of State, Federal, County or Municipal author-
ities, but such partial destruction shall in no wise annul or void this Lease,
except that Lessee shall be entitled to a proportionate deduction of rent while
such repairs are being made, such proportionate deduction to be based upon the
extent to which the making of such repairs shall interfere with the business
carried on by Lessee in the said premises. If such repairs cannot be made in
sixty (60) days, Lessor may, at his option, make same within a reasonable time,
this Lease continuing in full force and effect and the rent to be proportion-
ately rebated as aforesaid in this paragraph provided. In the event that Lessor
does not so elect to malce such repairs which cannot be made in sixty (60) days,
or such repairs cannot be made under such latus and regulations, this Lease may
be terminated at the option of either party.
In respect to any partial destruction which Lessor is obligated to
repair or riay elect to repair under the terns of this paragraph, Lhe provisions
of Section 1532, Subdivision 2, and of Sou ion 19/33, subdivision 4, of the
Civil Cod_ of the State of California are i-;aived b,' f. Esse:r.
In ;;-he event that the if ip i-ov . ,-ice l is oil the dl'r1i 5C:1 preiiil `les Ele de-
stroyed to the extent of not less than 33•-I,°3 per cent of the replacement cost.
thereof, Lessor may elect to terminate this Lease, whether the de.-iiised premises
be injuried or not.
In the event of any dispute between Lessor and Lessee relative to the
provisions of this paragraph, they shall each select an arbitrator-, the two ar-
bitrators so selected shall select a third arbitrator and the three arbitrators
so selected shall hear and determine the controversy and their decision thereon
shall be final and binding upon both Lessor and Lessee, l:ho shall bear the cost
of such arbitration equally beV.een them.
13. ASSIGNMENT OR SUBLETTING. Lessee shall not assign this Lease, or
any interest therein, and shall not sublet the said premises or any part thereof,
or any right or privilege appurtenant thereto, or suffer any other person (the
agents and servants of Lessee excepted) to occupy or use the said premises, or
any portion thereof, without the written consent of Lessor first had and obtained
and a consent to one assignment, subletting, occupation, or use by another
person shall not be deemed to be a consent to any subsequent assignment, sub-
letting, occupation, or use by another person. Any such assignment or subletting
without such consent shall be void, and shall, at the option of Lessor, terminate
this Lease. This Lease shall not, nor shall any interest therein, be assignable
as to the interest of Lessee, by operation of law, v; i thout the written consent
of Lessor.
14. OPTION TO RENEW LEASE. Lessee is hereby granted an option to re-
new this Lease for a further period of three (3) years from and after the ex-
piration of the original term at a monthly rental which is mutually agreeable to
Lessor and Lessee, but otherwise, upon the same terms and conditions as herein
contained. Written notice of Lessee's intention to rene,,•a this Lease shall be
given to Lessor at least ninety (90) days prior to the expiration of this Lease.
In the event of any dispute bet„een Lessor and Lessee relative to the
monthly rental for the renewal period, they shall each select an arbitrator,
the n.,jo arbitrators so selected shall select a third arbitrator and the three
arbitrators so selected shall herein detFerliline Llha controversy and their de-
cision thereon Shall be final and binding upon both Lc:ss-_ir and Lessee, who
sha11 bear the costs D;: arbi it tk:Arl equal ly be.tv.e ai there.
15. HOLDIIiG OVER. An,/ huldirl; _.�..piration of t!le silo
Lerli1, Y;r th the Consent of Lessor, shall be construed Lo iii'' a tenancy from mtoilLh
to month, at a rental of $550.00 a 1-001101, i:niu Shnfl I otherwise be on t'he terllls
and conditions herein specified, so fa
" as applicable.
16. TIME is of the essence of this Lease.
17. REPAIRS. Lessee shall, at its sole cost, keep and maintain said
premises and appurtenances and every part thereof including sidewalks adjacent
to said premises, in good and sanitary order, condition, and repair, hereby
waiving all right to make repairs at the expense of Lessor as provided in
Section 1942 of the Civil Code of the State of California, and all rights provided
for by Section 1941 of said Civil Code.
13. CAPTIONS. The captions are inserted only as a matter of convenience
and for reference and in no way define, limit, or describe the scope of this Lease
nor the intent of any provision thereof.
Attest:
C.
MARION A. GRADY
City Clerk
Approved as to Form
�• (.'/ice`":: 1
. -- I-tARf;Y-
Cri ty. Attorney�"
Attest:
P r
HARION A. GRADY
Agency Secretary
DATED: :-, /`��t , 1�
CITY OF SAN RAFAEL
a municipal corporation
E3y��L
C. PAUL SETTINI, Mayor
"Lessor"
SAN RAFAEL REDEVELOPMENT AGENCY
-5-
WILLIAI J. L'IELSER, Executive Director
"Lessee"