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HomeMy WebLinkAboutCC Resolution 9205 (Use of Falkirk Cultural Center)RESOLUTION NO. 9205 A RESOLUTION AUTHORIZING THE RENEWAL AND AMENDMENT OF AN AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The CITY MANAGER and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a renewal of a rental/lease agreement with MARIN POETRY CENTER FOR THE USE -OF FALKIRK CULTURAL CENTER; EIGHTEEN MONTH LEASE, COMMENCING JANUARY 1, 1994 AND TERMINATING ON JUNE 30, 1995; a copy of which is hereby attached and by this reference made a part hereof. 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 City Council of said City held on the 19th day of Sebtember , 1994 by the following vote to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNY 16I. LEONCINIy Ci y Clerk DRiGINA[ ,r 9zcs 1 ' ' LEASE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND ' MARIN POETRY CENTER FOR USE OF FALKIRK CULTURAL ' CENTER AND FOR ADMINISTRATIVE OFFICE SPACE ' This AGREEMENT is made and entered into this 19th day of SeptembPr , 1994 by and between the CITY OF SAN RAFAEL (hereinafter referred to as CITY) and MARIN POETRY CENTER (hereinafter referred to as MPC). RECITALS 1. The City of San Rafael owns and operates Falkirk Cultural Center, a National Historic Place, a facility which houses the offices of the City's Cultural Affairs division, and a facility in which cultural programs and events are held. 2. It is the City's intention to provide office space at Falkirk for appropriate Marin County arts and cultural organizations. 3. Marin Poetry Center is an arts organization committed to the encouragement of poetry in Marin County. 4. Both the City and MPC believe that locating administrative offices of MPC at Falkirk Cultural Center will be of mutual benefit. AGREEMENT Section 1. Description of Leased Space. a. City leases to MPC certain space on the second floor of the building known as "Falkirk Cultural Center" located at 1408 Mission Street, San Rafael, California, more specifically described as areas "A" and "D" of the 2nd floor plan, attached as EXHIBIT "A". b. Area "A" of EXHIBIT "A" shall be shared storage space for both City (Falkirk Center) and MPC. Section 2. Use of Leased Space. MPC shall use leased space for administrative offices and for no other purpose. Section 3. Term of Lease. The term of this lease shall be for eighteen (18) months commencing January 1, 1994, and terminating June 30, 1995. 1 Co. h i Absent any written extensions, Marin Poetry Center shall surrender the premises to City immediately on termination of the lease. Section 4. Rent. Marin Poetry Center shall pay City two hundred, twenty-five ($225.00) dollars for the term of this lease. MPC further agrees to provide programs and services at a minimum level, as enumerated in EXHIBIT "B" and attached hereto. Section 5. Annual Reports. No earlier than June 1st and no later than June 30th of each year, MPC shall file with the Falkirk Director a written report containing at least the following information: 1. List of each event held\sponsored by MPC during the previous year. 2. Name of each speaker/reader. 3. Name of recitation. 4. Date of the event. 5. Number of persons attending event. 6. Total revenue received. Section 6. Restrictions on Use. MPC shall not use nor permit others to use the leased space or Falkirk Cultural Center, or any part thereof, for any purposes other than those set forth herein. MPC shall neither permit on its leased space, or anywhere on the Falkirk premises, any act, sale, or storage that may be prohibited under standard forms of fire or liability insurance policies, nor use said premises for any such purpose. MPC shall comply with the rules and regulations attached to this lease and made a part hereof, as enumerated in EXHIBIT "C". Section 7. Personal Property Remainina on Premises. After MPC vacates the premises, either by expiration of the term, termination of the lease, or abandonment, MPC must remove all personal property immediately. After receipt of the written notice required by law from City concerning disposition of any personal property left on the premises by MPC, MPC shall be responsible for all reasonable costs of storing such personal property. The personal property will only be released to MPC upon payment of reasonable storage costs to City. 2 Section S. Insurance. MPC will provide a certificate of insurance to the City of San Rafael, naming the City, its officers and employees as an additional insured on MPC current liability policy. The policy limits applicable to the City will be no less than $1,000,000 per person and $1,000,000 per occurrence for property damage. The certificate shall also provide that the insurer will not cancel the insurance without providing the City at least thirty (30) days advance written notice. This insurance shall be primary to any other coverage the City may have. MPC shall provide an endorsement to each of its policies naming the City, its officers and employees as additionally named insureds. Section 9. Alterations & Modification: Repairs. MPC is renting the leased space "as is". Restoration and repairs will be at the will of the City staff, and based upon available funds. This building is under constant work, and allowances must be taken to permit the restoration of this 100 year old mansion. MPC shall cosponsor with City upon request any grants directed towards programming and restoration of the facility and grounds. Section 10. Use of Falkirk Cultural Center. In addition to the leased space, the City agrees to the following additional uses by MPC of Falkirk Cultural Center: a. Three free night-time meeting rooms per month scheduled in advance. b. One weekend day and night twice per year. C. Fee -generating clients shall have first priority for rental space of a room over MPC for any non-public event - meetings. If any of the uses outlined in this section occur during the hours Falkirk is closed to the public, MPC will be responsible for opening and closing the facility for its own events or MPC shall hire and pay for the services of a facility attendant. However, the City reserves the right to hire a facility attendant at MPC's cost for any or all of the events outlined in this section. Additional advance scheduled space requests will be charged non-profit rental rates. Section 11. Kevs and Alarms. a. MPC will be assigned one (1) key to the main portion of Falkirk Cultural Center, providing access to public areas and the front door during non -operational hours. This same key allows access to MPC offices through the hallway entrance. The cost of keys will be paid by MPC. b. Fees charged by Warren Security for accidental alarms set-off by MPC staff and visitors will be paid by MPC. In addition, the City may assess MPC a charge of $50.00 per occurrence for any accidental alarms set-off by MPU s staff or visitors in excess of two per calendar year. Section 12. Arbitration. All claims or disputes between the City and MPC relating to this Agreement shall be resolved by arbitration in accordance with the rules of the American Arbitration Association conducted in Marin County under the laws of the State of California. The decision of the arbitrator shall be final and binding on the parties. Interpreting the provisions of the Agreement, the arbitrator may make an award of costs and fees, including attorney's fees necessitated by arbitration. Section 13. Destruction of Premises. In the event of a partial destruction of the premises during the term caused by natural disasters, the City shall have the option of refusing to repair or replace the premises, and the duty to pay rental under this lease shall terminate as of the date of the disaster. MPC shall be liable for the costs of all damages caused by the negligence of MPC, and there will be no abatement of rent or termination of this lease for these damages. Section 14. Assianment and Sublease. MPC shall not assign any right or duties under this lease or sublet the premises or any part thereto, nor allow any other person to occupy or use the premises without the prior written consent of the City. A consent to one assignment, sublease, or occupation or use by any other person shall not be a consent to any subsequent assignment, sublease, or occupation or use by another person. Any assignment or subletting without consent shall be void. This lease shall not be assignable, as to the interest of MPC, by operation of law, without the written consent of City. Section 15. Breach or Default. If MPC fails to perform or comply with any of the covenants or conditions of this lease and such failure continues for a period of ten (10) days after receipt of written notice thereof from City, MPC shall be in breach of and shall be considered in default of the lease agreement. 4 Section 16. Hold Harmless Clause. MPC agrees to hold harmless, indemnify and defend City, its officers and employees from any and all claims, loss, liability and damages arising from MPC, its agents, employees, and officer's negligence arising during the hours of MPU s use of the leased space and/or its use in any manner of the Falkirk Cultural Center. Section 17. Compliance With All Laws. MPC shall be responsible to comply with all federal, state, and local laws and regulations. Section 18. Intearation Clause. This written lease constitutes the whole of the agreement between the City and MPC. No oral representations or statements of any kind shall modify the terms of this lease agreement. And modification or revision of the terms of this lease agreement shall be in writing and signed by the parties. Section 19. Termination and Notice. This agreement may be terminated by the City or MPC at any time upon thirty (30) days after mailing or service of a written notice. Any such notice shall be addressed to MPC at 1408 Mission Street, San Rafael, CA 94901; and to CITY at P.O. Box 151560, San Rafael, CA 94915-1560. CITY OF SAN RAFAEL B T J.1 ORO, aygr n'CAROL ADNE , Falki�Director ATTEST: JEIJE �M. LEON6INI, City Clerk APP VED O FORM: �ARY T,�RAGGHIANTI City A torney 5 Pr side/ht M4rin Poetry Center Board of Directors Treasurer \J InfCE%.I Marin Poetry Center APPROVED AS TO CONTENT: VAUqHN TRAT ORD Cultural Aff irs Director l T n r z 0ztxjw txi tri HW�C o 1 Ln N _ AN Lei z •' � H � 1 � 3 —7D. 1 rj EXHIBIT "B" MARIN POETRY CENTER EVENT PROGRAM 1. READING SERIES Once a month, on the 2nd Tuesday of each month, Marin Poetry Center will sponsor a poetry reading featuring published poets and authors from Marin County. A donation of $3.00 for the public and $2.00 for members will be suggested. All funds collected will be used to pay the guest reader a stipend of $15.00 each. The readings will start at 7:30 p.m. and run for approximately two hours. MPC will handle all aspects of the program including publicity, refreshments and clean-up. Program schedules will be placed on the Falkirk Rental Calendar six months in advance. 2. OPEN READINGS Once a month, on the 4th Thursday of each month, MPC will sponsor a Poetry Salon open to the writing public for discussion of poetry among MPC members and other participants. Admission is free. The reading will take place from 7:00 p.m. to 9:00 p.m. during the Public Hours of Falkirk. Estimated attendance is 10 - 50 people. MPC will handle all arrangements, set-up and clean-up. A Falkirk Facility Attendant will be present. 3. SPECIAL EVENTS Twice during the year, in the Spring and Fall, MPC will sponsor benefit readings and workshops featuring well known published writers. These collaborative events will be coordinated through the Falkirk program director and scheduled in the Falkirk Calendar six months in advance. Admission will be charged at the door. Funds will be used to pay the guest speaker. 4. BOARD MEETING Once a month, on the 1st Monday of each month, MPC will hold board meetings from 7:30 p.m. to 9:00 p.m. in the Falkirk Mansion. 5. FALKIRK READING ROOM MPC will maintain the Falkirk Reading Room, organizing the literary periodicals stored there for use by the general public. All additional readings, meetings, or events must be agreed upon by the parties in writing, in advance. EXHIBIT "C" FALKIRK CULTURAL CENTER AND MARIN POETRY CENTER HOUSE OPERATIONS 1. The City will provide with the rent: a. one parking space on the driveway during the weekdays; b. additional space in the adjacent Menzies parking lot; C. room rental/booking service for Falkirk facilities; d. literature distribution space in front office; e. front door reception during public hours. 2. Public hours are consistent, however may change at the will of the City. 3. When the City agrees to co-sponsor an activity, Marin Poetry Center will not be charged additional fees, and not accrue time limiting free use of Falkirk. 4. Should Marin Poetry Center require a Falkirk Facility Attendant, they will be charged direct costs of $12.00 per hour. 5. Staff use of the kitchen is permitted during the week. All areas must be cleaned at the end of the day, and no personal food remaining in the refrigerator prior to the weekend. 6. Falkirk Director makes all decisions regarding the operation of Falkirk, and MPC shall comply with Director's decisions, rules, and regulations. 7. Marin Poetry Center will request permission to use any equipment belonging to the City from the Falkirk Director. City shall request permission to use any equipment belonging to Marin Poetry Center from the Board of Marin Poetry Center. S. New signs both exterior and interior will be agreed upon by both parties and costs split to cover the construction, and installation of those signs. 9. Marin Poetry Center will be responsible for all aspects of the safety regulations and maintenance of the Falkirk Mansion during hours closed by the City to the general public and for all set-up and clean-up for each MPC meeting. 10. All publicity will list Falkirk as the co-sponsor and will be made available to Falkirk in a timely manner. No readings will be held in the months of July, August, and September. All December meetings and programs and events will be coordinated with the Falkirk program staff and must be scheduled around the Falkirk December programming.