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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 �. ,� f� :a�L 11 1-'%Z .0 of the tcaid t.11'l:Cil!'.i�'.5, i"!C i" it:i5: + '.';i1I'vi6�;....� ti'i;.. 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"