Loading...
HomeMy WebLinkAboutCC Resolution 11602 (Parking Space Use at 3rd & A Garage)RESOLUTION NO. 11602 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARIN PROPERTY GROUP FOR USE OF TWO PARKING SPACES IN THE 3an AND A ST PARKING GARAGE AS STORAGE SPACE WHEREAS, the City of San Rafael Management Services Department, Parking Services Division wishes to move the current storage area; and WHEREAS, Marin Property Group has agreed to move their storage area outside of the parking facility. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES AS FOLLOWS: The CITY MANAGER is hereby authorized to execute, on behalf of the City of San Rafael, a lease agreement between the City of San Rafael and Marin Property Group, LLC for two parking spaces located outside of the 3rd and A St. parking facility, in a form to be approved by the City Attorney. I, JEANNE M. LEONCESI, 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 City Council of said City held on the 19`h day of July, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Qoro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE LEONCIlVI, City Clerk AGREEMENT FOR THE RENTAL OF STORAGE SPACE BY MARIN PROPERTY GROUP AT THE CITY PARKING FA( nXrY LOCATED AT 925 A ST. This Agreement is made and entered into this 19th day of July, 2004, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MARIN PROPERTY GROUP, LLC (hereinafter "TENANT"). The two (2)jarking spaces located outside, on the northwest side of the City owned parking facility located at 3 and A St. The specific area as marked in Exhibit "A" attached hereto, and incorporated herein. A CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Parking Services Manager is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. TENANT. TENANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for TENANT. Zachary Zeisler is hereby designated as the PROJECT DIRECTOR for TENANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the TENANT shall notify the CTTY within ten (10) business days ofthe substitution. TENANT shall pay without deduction, setoff; prior notice, or demand, the sum $20 per month due on the 25h of the prior month for the month of usage. This rate may be revised from time to time by CITY based on the monthly parking permit rate, as set by the City Council of San Rafael, multiplied by the number of parking spaces, or portion thereof, occupied. If any installment of any sum due from TENANT is not received by CITY within five (5) days after such amount is due, then, without any requirement for notice to TENANT, TENANT shall pay to CITY a late charge of twenty-five dollars ($25). TENANT shall use the premises for the purpose of construction and use of a trash and general storage enclosure. TENANT shall not use, nor permit the use of, in whole or any part, the premises for any other purpose without the CITY's prior written consent. The term of this Agreement shall commence from the date of this agreement and end on December 31, 2006. Upon mutual agreement of the parties, and subject to the approval of the City Manager, the term of this Agreement may be extended six (6) times, for an additional one (1) year, for a total term not to extend past December 31, 2012. Notwithstanding the foregoing, this Agreement may be terminated by CITY before the expiration of the specified term upon TENANT's default as defined in Paragraph 7 herein. In addition, this Agreement shall terminate automatically if Al Lamperti, Martin Bramante or TENANT have failed to vacate the single parking space currently being leased from the CITY at the 3rd & A Street garage by June 1, 2004, pursuant to the terms of the notice of termination given by the CITY's letter dated March 1, 2004. 7. DE ATTT.T RY TF.NANT The occurrence of any of the following shall constitute a default by TENANT: A Failure to pay rent when due, if the failure continues for ten (10) days after notice has been given to TENANT. B. Abandonment and vacation of the premises (failure to occupy and operate the premises fourteen (14) consecutive days shall be deemed an abandonment and vacation). C. Failure to perform any other provision of this agreement if the failure to perform is not cured within thirty (30) days after notice has been given to TENANT. If the default cannot reasonably be cured within thirty (30) days, TENANT shall not be in default of this agreement if TENANT commences to cure the default within the thirty (30) day period, and, in the opinion of CITY, in good faith continues to cure the default. D. Failure to maintain and/or repair the premises as required by paragraph 9 herein. E. Assignment of Agreement without CITY consent as required by paragraph 10. The purpose of this agreement is to allow the construction of a trash and general storage enclosure. Plans for the enclosure shall be submitted to CITY for approval prior to construction. TENANT shall not erect any structure nor make or cause to be made any alterations, improvements, additions or fixtures that affect the premises without the express written consent of CITY. Upon termination of this Agreement, TENANT, at its sole expense, shall remove the enclosure and restore the premises to its original condition to the reasonable satisfaction of CITY. TENANT shall keep and maintain in good order, condition, and repair a) all portions of the premises, b) all areas surrounding the leased premises affected by the TENANT's operation and usage and c) the trash containers on the premises. TENANT shall regularly police the premises and surrounding areas to remove any and all garbage, dirt, refuse, trash, and debris of any kind. TENANT shall promptly make all required repairs to premises and containers. Failure of TENANT to make repairs within thirty (30) days of demand by CITY shall constitute a default by TENANT. Failure of TENANT to police premises and remove trash shall constitute a default by TENANT. MEMO METM ►_CI S Yr TENANT shall not voluntarily assign or encumber its interest in this agreement or in the premises, or allow any other person or entity, except TENANT's authorized representative, to occupy or use any or part of the premises, without first obtaining CITY's consent. Any assignments or encumbrance without the CITY's consent shall be voidable and at CI TY's election, shall constitute default. No consent to any assignment or encumbrance shall constitute a fiuther waiver of the provisions of this paragraph. A During the term of this Agreement, TENANT shall maintain, at no expense to CITY, A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; B. The insurance coverage required of the TENANT by section 11. A, shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CTTY's insurance or coverage for any contribution; 2. The insurance policy shall be endorsed for contractual liability and personal injury, 3. The insurance policy shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policy. 4. TENANT shall provide to City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policy shall be endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policy except upon thirty (30) days written notice to City's Risk Manager. 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 3 7. The insurance policy shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, TENANT shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both TENANT and CITY against all liability for injuries to TENANT's officers and employees. D. Any deductibles or self-insured retentions in TENANT's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or TENANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. TENANT shall defend, indemnify and hold harmless CITY, Redevelopment Agency, their officers, agents, employees and volunteers against and from any and all claims, actions demands, losses, injuries, death, damages or costs of any kind, including attorneys fees, brought by or on behalf of any person, firm, corporation or other entity, arising from the conduct of, management of, use of or occupation of the premises, or from any accident or incident in, on or about the premises or as a result of the operations or use of the premises. TENANT shall defend, indemnify and hold harmless CITY, Redevelopment Agency, their officers, agents, employees and volunteers against and from any and all claims, actions, demands, losses, damages or costs of any kind, including attorneys fees, arising from any breach or default on the part of the TENANT in the performance of any covenant term or condition of this lease, or arising from any act, omission or negligence of the TENANT, its agents, officers, contractors, servants, employees or licensees. TENANT shall release and waive any and all claims TENANT may have against CITY for damages to its goods, wares and merchandise in, on or about the premises, and for injuries to TENANT, its officers, agents, contractors, servants, licensees and employees occurring in, on or about the premises, and TENANT shall defend and hold CITY exempt and harmless for any such damage and/or injury to any such person. TENANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. TENANT shall observe and comply with all applicable federal, stare and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. TENANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. TENANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 116 Nlqrflk V H 1.114 0 MAXIM WA :M641 IY CITY and TENANT do not intend, by any provision of this Agreement, to create in any third parry, any benefit or right owed by one parry, under the terms and conditions of this Agreement, to the other party. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postai Service_ Notice shall be given as follows: TO CITY: Parking Services Manager City of San Rafael P.O. Box 151560 San Rafael, CA 944915-1560 TO TENANT: Zachary Zeisler Marin Property Group, LLC C/O Zeisler, Zeisler and Rawson 11003 rd St. San Rafael, Ca 94901 A. The terms and conditions of tuffs Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the TENANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the TENANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shallnot be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. The prevailing parry in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 20. TAXES CITY hereby gives notice to TENANT, pursuant to Revenue and Tax Code Section 107.6 that this Agreement may create a possessory interest which is the subject of property taxes levied on such interest, the payment of which taxes shall be the sole obligation of TENANT. 6 The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL