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HomeMy WebLinkAboutAgr 2008-03-02-2001 (National Audubon Society) (0 {D)~@~~w~rm IIIJ APR 1 2 2001 ~ TOWN ATTORNEY'S OFFICE TOWN OF TIBURON PILLSBURY WINTHROPLLF 50 FREMONT STREET SAN FRANCISCO, CA 94105-2228 415.983.1000 F: 415.983.1200 MAILING ADDRESS: P. O. BOX 7880 SAN FRANCISCO. CA 94120-7880 April 11, 2001 Norman F. Carlin 415.983.1133 nearl in@pillsburywinthrop.eom Ann Danforth, Esq. Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Re: Richardson Bay Audubon Center and Sanctuary -- Tidelands Lease Renewal Dear Ms. Danforth: I enclose the lease between the Town of Tiburon and the National Audubon Society for the Richardson Bay Audubon Center tidelands property, executed by the Audubon Society, together with a check for $250.00 for all rent during the lease term. Thank you very much for your assistance in this matter. Sincerely yours, /L/1~ Norman F. Carlin enc. cc: Patti Hedge, Director, Richardson Bay Audubon Center and Sanctuary (wi enc.) Dr. David Steinhardt, Richardson Bay Audubon Center and Sanctuary (wi enc.) I0497941vl LEASE TIllS LEASE, made and executed in duplicate this ;A day of A1~ , 2001, at Tiburon, California, by and between TOWN OF TffiURON, a municipal corporation, Lessor, and the NATIONAL AUDUBON SOCIETY, INC., a New York non-profit corporation, Lessee. WIT N E SSE T H: 1. LEASE OF PROPERTY: RENTAL. That the Lessor, in consideration of the payment of the rent hereinafter specified to be paid by the Lessee, and the covenants and agreements herein contained, does hereby lease, demise and let unto Lessee that certain property in the Town of Tiburon, County of Marin, State of California, and described as follows: That certain real property within Richardson Bay, bordered on the West by the Salt Works Canal; on the South by San Rafael Avenue; on the North and East by the mean high tide line, excluding those areas of submerged or tide lands not owned by the Town of Tiburon, for the term of fifty (50) years, commencing on the first day of March, 2001, and ending on the last day of February, 2051, with the right of cancellation and termination in both Lessor and Lessee as hereinafter set forth, at the total rental of $250.00, payable to the TOWN OF TffiURON, in lawful ,money of the United States, within 10 days following the execution hereof 2. COVENANTS. Lessee hereby covenants and agrees as follows: (a) To use the property for the following purposes only: WILDLIFE SANCTUARY. (b) To pay Lessor said rent as hereinabove provided. l0428867Vl - 1 - (c) Not to commit, suffer or permit any waste on said property, and not to use or permit the use of said property for any illegal or immoral purposes. Lessee further agrees to comply with all State laws and local ordinances concerning said property and the use thereof (d) To name Lessor as an additional insured on any insurance policies obtained or maintained by Lessee covering said property during the term of this Lease. 3. CANCELLATION. This Lease shall be subject to cancellation and termination by either party at any time during the term hereof by giving the other party notice in writing at least thirty (30) days next prior to the date when such termination shall become effective. In the event of such termination any unearned rental paid by Lessee shall be returned to Lessee. 4. NOTICES. All notices herein provided, to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when served personally on Lessor or Lessee, or when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed as follows: To the Lessee at 376 Greenwood Beach Road, Tiburon, California 94920, and to Lessor at 1505 Tiburon Boulevard, Tiburon, California 94920. The address to which the notices shall or may be mailed as aforesaid to either party shall or may be changed by written notice given by such party to the other, as hereinabove provided, but nothing herein contained shall preclude the giving of any such notice by personal service. 5. ASSIGNMENT OR SUBLETTING. Lessee shall not assign this lease, or any interest therein, and shall not sublet the said premises or any party 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 l0428867Vl -2- portion thereof, without the written consent of Lessor first 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, subletting, 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, without the written consent of Lessor. 6. RESERVATION OF RIGHTS. 1-~otwithstand!ng any other provision herein, Lessor l\-;;serves th~ right to use the demised premises, upon first obtaining the written consent of Lessee, for recreational activities other than those contemplated by Lessee, such activities of Lessor to be limited to such times and to such portions of said premises as, in the opinion of Lessee, will not interfere with the wildlife or sanctuary character of the area. 7. IMPROVEMENTS. Lessee shall not construct any improvements of any nature on the premises, except that temporary buoy markers may be placed thereon. 8. NONLIABILITY FOR DAMAGES: INDEMNIFICATION. This lease is Il)ade upon the express condition that Lessor is to be free from all liability and claim for damages by reason of any injury to any person or persons, including Lessee, or Lessee's employees, or property of any kind whatsoever and to whomsoever belonging, including Lessee, from any cause or causes arising out of the use or occupancy by Lessee of the said demised premises during the term of this lease or any extension hereof or any occupancy hereunder, Lessee hereby covenanting and agreeing to defend, indemnify and save harmless Lessor from all liability, loss, cost, and obligations on account of or arising out of any such injuries or losses, however occurring. 10428867Vl - 3 - 9. DEFAULT. If any rent shall be due. and unpaid, or if default shall be made in any of the covenants or agreements on the part of the Lessee contained in this lease, Lessor may, at its option, at any time after such default or breach, and without any demand on or notice to Lessee or to any person, of any kind whatsoever, re-enter and take possession of said property to remove all persons therefrom and Lessee waives any legal remedy to defeat Lessor's rights and possessions hereunder. 10. SURRE1'IDER. At the expiration of said term or any sooner termination of this lease, Lessee agrees to quit and surrender possession of said property and its appurtenances to Lessor in a good order and condition as the property was delivered to the Lessee. 11. HOLDOVER. Should the Lessee hold over after the expiration of the term of this Lease with the consent of the Lessor expressed or implied, said tenancy shall be deemed to be a tenancy only fi.om month to month, subject otherwise to all of the terms and conditions of this lease so far as applicable. 12. BINDING ON SUCCESSORS. The covenants and conditions herein contained shall, subject to the provisions as to assigntnent, apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. l0428867Vl -4- IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this lease fIrst above written. TOWN OF TIBURON, a municipal corporation By: ATTEST: t/~ 'v / ~: NATIONAL AUDUBON SOCIETY, INC., a New York non-profit corporation 'l //~ /f' 1 d-vv " ') /J /'/~p/ ~;:?