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HomeMy WebLinkAboutCC Resolution 8833 (Marin Historical Society Boyd House Lease)RESOLUTION NO. 8833 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement - LEASE AGREEMENT WITH THE MARIN COUNTY HISTORICAL SOCIETY FOR USE OF BOYD GATE HOUSE FROM MARCH 1, 1993 TO DECEMBER 31, 1997 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 intro- duced and adopted at a REGULAR meeting of the City Council of said City held on MONDAY the 1st day of MARCH , 19 93 , by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None JEA4N�E%. LEONCINI, City Clerk ORIGINAL -0 Sl LEASE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE MARIN COUNTY HISTORICAL SOCIETY FOR THE USE OF BOYD GATE HOUSE AS AN HISTORICAL MUSEUM This AGREEMENT is made and entered into this 1st day of MARCH ,1993 by and between the CITY OF SAN RAFAEL (hereinafter referred to as CITY and MARIN COUNTY HISTORICAL SOCIETY) RECITALS 1. The City of San Rafael owns Boyd Gate House, a National Historic Place. 2. Marin County Historical Society has operated a musuem presenting historic exhibits and providing a research facility at Boyd Gate House for the last 30 years. 3. Both the City and Marin County Historical Society believe that locating the Marin County Historical Society Museum at Boyd Gate House will be of mutual benefit. AGREEMENT SECTION 1. DESCRIPTION OF PREMISES City leases to Marin County Historical Society the building known as Boyd Gate House located at: 1125 "B" Street San Rafael, California It is expressly understood that the Marin County Historical Society is leasing only the building known as Boyd Gate House and not any portion of the grounds of Boyd Park. The premises shall be used for the purpose of providing a public museum, gift shop and an office and for no other purpose. Section 2. Term of Lease The lease shall commence on March 1, 1993, and terminate on December 31, 1997. It is the intent of both parties that this lease will be renegotiated under the same general terms and conditions between the City and the Marin County Historical Society for the use of Boyd Gate House at the expiration of this agreement. If a new lease has not been executed at the expiration of this agreement, Marin County Historical Society shall surrender the premises to City immediately on termination of the lease. Section 3. Rental The Marin County Historical Society agrees to pay $1.00 per year to lease Boyd Gate House. Section 4. Restrictions on Use Marin County Historical Society shall not use or permit the premises, or any part thereof, to be used for any purposes other than those set forth herin. Marin County Historical Society shall neither permit on the premises any act, sale, or storage that may be prohibited under standard forms of fire insurance policies, nor use the premises for any such purpose. COPY. Section 5. Abandoning Premises or Personal Property Marin County Historical Society shall not abandon the premises at any time during the term, but if Marin County Historical Society does vacate or abandon the premises, any property belonging to Marin County Historical Society and left on the premises shall be deemed abandoned and at the option of the City and shall become the property of the City. Section 6. Hold Harmless Marin County Historical Society agrees to defend, indemnify, protect, and hold the City and its agents, officers, and employees, harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Marin County Historical Society's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or ommissions of Marin County Historical Society and its agents, officers or employees, in performing the work or services herein described, and all expenses of investigating and defending against same; provided, however, that Marin County Historical Society's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. Section 7. Utilities Marin County Historical Society agrees to pay all utility costs for Boyd Gate House including gas, electricity and water for the term of this agreement. Section 8. Insurance Marin County Historical Society will provide a certificate of insurance to the City of San Rafael, naming the City, its officers and employees as an additional named insured on the Marin County Historical Society 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 certificates shall also provide that the insurer will not cancel the insurance without providing the City at least (30) days advance written notice. Section 9. Alterations & Modification: Repairs Marin County Historical Society has inspected the premises, and documented the condition of same through a video tape, a copy of which is attached hereto and incorporated herein by reference as "Exhibit A." Marin County Historical Society shall take good care of the premises and shall not alter, repair, or change the premises without the written consent of the City. All alterations, improvements, and changes that Marin County Historical Society may desire shall be done either by or under the direction of the City, and shall become the property of the City and remain on the premises, except that at the option of the City, Marin County Historical Society, at Marin County Historical Society's expense, may remove from the premises all partitions, counters, railings, and similarly installed improvements when surrendering the premises. Marin County Historical Society shall, at the termination of this lease, surrender the premises to City in as good condition and repair as reasonable and proper use thereof will permit. Marin County Historical Society shall permit City or City's agents to enter the premises at all reasonable times to inspect the premises, maintain the building premises, and make repairs, alterations, or additions to the premises or any portion of the building. 10. Use of Bovd Gate House Marin County Historical Society agrees to use the building known as Boyd Gate House for a historical museum as outlined in its "Long Range Plan," which is attached hereto and incorporated herein by reference as "Exhibit B". 11. Janitorial Marin County Historical Society agrees to maintain Boyd Gate House in good condition and to have the house cleaned on a regular basis in a manner acceptable to the City. 12. Securitv Marin County Historical Society is solely responsible for the security of its collections and property. Marin County Historical Society agrees to provide and pay for a burglar and fire alarm for Boyd Gate House for the term of this agreement. 13. Arbitration All claims or disputes between the City and Marin County Historical Society relating to this Agreement shall be decided 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. 14. Assignment and Sublease. Marin County Historical Society shall not assign any right or duties under this lease nor 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 asignment, 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 Marin County Historical Society, by operation of law, without the written consent of City. 15. Handicavved Accomodation Marin County Historical Society agrees to provide reasonable accomodations to allow persons with disabilities to view historic exhibits and participate in the programs of the Marin County Historical Society. 16. Breach or Default Marin County Historical Society shall have breached this Agreement if it fails to perform or comply with any of the covenants or conditions of the lease and such failure continues for a period of ten days after receipt of notice thereof from City. APPROVED: MARIN COUNTY HISTORICAL SOCIETY President Vice -President 8006-BOYDAGRE.DOC C OF SAN RAFAEL ALBERT ORO Mayor Attest: JEANNE M. L ONCINI City Clerk BOYD GATE HOUSE Marin County Historical Society's Plan for Use of the Boyd Gate House as a Historical Museum. Long Range Plan 1992-1995 Background This plan was prepared as a set of Goals and Objectives to be considered as guidelines in the use of Boyd Gate House as a museum. Recognizing that the Boyd House is a building that is an integral part of the Cultural Affairs Complex owned by the City of San Rafael it is considered an essential part to any Capital Funding Plan that would be developed. The Goals and Objectives represent a sincere effort to develop the maximum potential of the museum as a community asset. Surveys, support of the Marin County Historical Society by its members, and the extent of citizen involvement in preservation issues clearly demonstrate the interest of the community in its local history. This Plan will lead to a partnership between the City of San Rafael and the Marin County Historical Society to develop a vital and active focal point for historic interest in the community through the operation of the museum. The final goal is to have a facility that is a restored architectural treasure of San Rafael and one that houses many fascinating reminders of the colorful and rich history of the area. The following goals and strategies are to identify the specific actions required to meet the needs of the community in preserving its history. Since any long term plan must be flexible, the following strategies are open to input, improvement and change. These ideas are part of the dedicated interests of the Marin County Historical Society. As stated in its original aims "the Society is dedicated to the collection, preservation and distribution of historic information". MISSION The Boyd Gate House, owned by the City of San Rafael and identified as a National Historic Place by the United States Department of the Interior, serves as a Museum resource with historic exhibits for San Rafael and Marin County. The museum at the Boyd Gate House complements the Falkirk Cultural Center, and offers programs that explore the diverse heritage of Marin County for the benefit of the community. GOALS: 1. To continue to restore and maintain the Boyd House and grounds as historic sites for use as a museum resource center. To present high quality historical programs and exhibits, and provide access to the researcher of the rich collection of historic documents and memorabilia that pertain to Marin's heritage. 2. To continue to broaden and build the financial base of the Marin County Historical Society on a long-range basis. 3. To maintain and strengthen Boyd House as an effective and efficient organization. 4. To restore, enhance, and maintain Boyd Gate House. Goal 1: Site and Programming To continue to restore and maintain the Boyd House and grounds as historic sites for use as a museum resource center. To present high quality historical programs and exhibits, and provide access to the researcher of the rich collection of historic documents and memorabilia that pertain to Marin's heritage. Objectives 1.1 TO INCREASE THE AWARENESS AND UNDERSTANDING OF THE MUSEUM'S HISTORIC PRESERVATION, PROGRAMS AND HISTORIC EXHIBITIONS. Strategies: 1.1.1 Continue the newsletter and bulletins as resource guides for the museum's programs. 1.1.2 Explore other ways of presenting Marin's history, including self -guided audio tours and changing exhibits. 1.1.3 Continue to publish the Society Magazine, which dedicates each issue to a significant event in the history of Marin County. 1.1.4 Consider joint exhibit opportunities with Falkirk Cultural Center. 1.1.5 Continue to collect, archive and display Marin County historic photographs. Establish the photographic collection as the major county source of early images of Marin available for the benefit of the community. 1.2 TO OFFER CHANGING, RELEVANT HISTORIC EXHIBITS THAT HAVE COMMON ELEMENTS TO CURRENT ISSUES, I.E. TRANSPORTATION OR DOWNTOWN SAN RAFAEL DEVELOPMENT. Strategies: 1.2.1 Develop a network of volunteers to research and develop exhibits that are of special interest to Marin. 1.2.2 Seek out and solicit donations of artifacts or memorabilia that would lend themselves to diverse backgrounds in Marin. 1.2.3 Seek out and solicit items that would strengthen existing important collections, so as to increase the research resources for all groups of interested citizens. 1.2.4 Expand exhibits of Hispanic and native cultures of historic significance to Marin. 1.3 TO TAKE ACTIVE STEPS IN RAISING THE AWARENESS OF ALL CLASSES OF STUDENTS WITHIN THE SAN RAFAEL AREA ON THE HISTORY AND HERITAGE OF MARIN. Strategies: 1.3.1 Sponsor and encourage internships to students at the high school and community college level offering a special educational experience within the museum. 1.3.2 Encourage school trips to the museum by contacting all the schools in the area. 1.3.3 Provide talks and presentations to school classes on the heritage of their community. 1.3.4 Expand mailing list to include schools throughout the county. 1.3.5 Continue to sponsor, through grant funding, cash prizes to students engaging in research and writing individual projects on Marin history. 1.3.6 Develop exhibits that will have relevance and interest to students in the museum. 1.4 TO CONTINUE TO BE A RESOURCE FOR HISTORICAL INFORMATION TO THE GENERAL PUBLIC IN SAN RAFAEL AND THE BAY AREA. Strategies: 1.4.1 Provide a research study facility, available to the public, in the Museum. 1.4.2 Participate in preparing a low cost history of the county for non- scholarly general and student use. 1.4.3 Prepare a small complimentary Story of Marin for issuance to local schools and students from the Bay Area. 1.4.4 Make available low-cost videotapes of local historic photographic collections. 1.4.5. Continue to provide a free service in presenting slide shows of interesting historic material to service or community groups within Marin. 1.4.6 Develop a speaker resource from knowledgeable members in the community. Goal 2: Finance To continue to broaden and build the financial base of Marin County Historical Society on a long-range basis. The Boyd Gate House is made available for museum use by the City of San Rafael. The goals in this plan are in agreement with the concepts of the Marin County Historical Society which operates the museum. The museum operates with funds provided through members of the Marin County Historical Society. All of its activities are provided by volunteers. The Society pays for the services of a professional part- time curator/librarian to catalog and inventory its collections. Volunteer Docents will provide visitor services when the museum opens. In addition the Society, will seek and apply for grants, to help both operating costs and certain Capital Improvements. Normal maintenance, service and upkeep of the building is currently provided by the City of San Rafael. Objectives 21 TO STABILIZE FUNDING FOR THE MUSEUM BY DEVELOPING A LONG-RANGE FUND DEVELOPMENT PLAN THAT INCLUDES: a. an increase in the membership base and an annual giving campaign coordinated with City Council b. a grants plan for program support c. an endowment and planned giving program d. support for a campaign to raise funds for major renovations of Boyd house e. a capital campaign coordinated with a Capital Campaign Committee with staff representation L development of financial strategies that promote participation by people of all income levels Strategies: 2.1.1 Participate in Capital Funding campaigns as appropriate. 2.1.2 Increase memberships by 20% in the twelve month period following the re- opening of the museum. 2.1.3 Establish an ongoing goal of 10% increase in membership each following year. Goal 3: Infrastructure To continue to maintain and strengthen the museum as an effective and efficient organization. The museum's institutional infrastructure includes the Marin County Historical Society Board of Directors, Area Representatives for each district in the county, Society members and volunteers. A liaison will be maintained between the Board and the Cultural Affairs Commission. Professional staff includes one part-time Curator/Librarian. The formal liaison with the City of San Rafael is maintained through the Director of the Cultural Affairs Department. Objectives 3.1 TO DEVELOP THE PARTNERSHIP CONCEPT BETWEEN THE CITY OF SAN RAFAEL, WHICH OWNS AND MAINTAINS THE BOYD GATE HOUSE, AND THE MARIN COUNTY HISTORICAL SOCIETY WHICH OPERATES THE MUSEUM. Strategies: 3.1.1 Maintain a liaison with the Cultural Affairs Commission. 3.1.2 Representatives of the Board of the Marin County Historical Society will participate in meetings with City Council Members, staff of the Cultural Affairs Department and the Cultural Affairs Commission, to exchange views and discuss Museum development and programs as appropriate. 3.2 TO IMPROVE PROCEDURES IN CARRYING OUT PROGRAM GOALS. Strategies: 3.2.1 Implement established museum procedures for cataloging and inventory of artifacts. 3.2.2 Continue to develop and utilize computerized database recording of museum inventory and information. 3.2.3 Continue in the process of seeking a grant under the Museum Assessment Program. 3.3 MAINTAIN NECESSARY VOLUNTEER LEVELS TO IMPLEMENT THE OPERATION OF THE MUSEUM AND ITS RELATED GOALS. Strategies: 3.3.1 Seek out individuals with an interest in Marin history and provide them with the opportunity to improve the value of the museum to the community. 3.3.2 Provide motivation to volunteers to utilize their unique interests in a friendly receptive setting. 3.3.3 Encourage involvement by holding Open Houses with a theme and refreshments. 3.3.4 Solicit volunteers at Special Events, County Fairs, Exhibits, Gala openings, etc. in Goal 4: Facility To restore, enhance, and maintain Boyd Gate House. Objectives: 4.1 ENSURE THE STRUCTURAL INTEGRITY OF THE MUSEUM BUILDING. 4.1.1 Implement (as resources permit) the capital improvement plan: - Repair cracks and broken plaster in some of the rooms. - Paint interior rooms to provide a suitable environment for exhibits. - Restore Flower Gardens and shrubbery around the house. - Investigate the use of nightly exterior lighting to showcase the building and discourage overnight use of the porches. 4.1.2 Provide a complete exterior restoration of the Boyd Gate House to its 1976 level. - Explore community interest in donations of labor or financial assistance. - Participate in coordinated fund raising campaigns to support the City of San Rafael's Cultural Affairs facilities. - Obtain qualified up to date costs on painting Boyd House and a professional view of its current condition. Determine potential effect of delaying repairs. - Consider use of interim funds from Marin County Historical Society as determined by the Board of Directors for emergency purposes. 11