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Home My WebLink AboutCC Resolution 8858 (Falkirk Cultural Center Use)RESOLUTION NO. 8858 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, an amendment and renewal of a rental/lease agreement with MARIN POETRY CENTER FOR THE USE OF FALKIRK CULTURAL CENTER; ONE YEAR LEASE, COMMENCING JANUARY 1, 1993 AND TERMINATING ON DECEMBER 31,1993; a copy of which is hereby attached 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 fifth day of April, 1993 by the following vote to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro None Breiner J M. LEONCI(f City Clerk 1'-)" 1i I G I N A [ ,sem JANUARY, 1993 AMENDMENT TO LEASE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND MARIN POETRY CENTER FOR USE OF FALKIRK CULTURAL CENTER The parties to this Amendment are the City of San Rafael, a municipal corporation organized and existing under and by virtue of the laws of the State of California (hereinafter "CITY"), and MARIN POETRY CENTER (hereinafter referred to as MPC). WHEREAS, the parties entered into a written agreement pursuant to Resolution No. 8310 dated seventeenth day of December, 1990 related to MPC use of FALKIRK for office space and programs; and WHEREAS, description of the premises requires further definition; and WHEREAS, the term of the lease will be extended for a one year period; and WHEREAS, the rental fee shall be adjusted; and WHEREAS, additional use of FALKIRK for programing shall be modified; and WHEREAS, Exhibit C replaces Exhibit B; and WHEREAS, the lease does not contain a termination or amendment clause. NOW, THEREFORE BE IT RESOLVED, that the written agreement between the parties dated the seventeenth day of December, 1990 shall be amended and modified as follows: SECTION 1. Description of Premises City leases to MPC and MPC leases from the City, the premises located on the second floor of Falkirk located at 1408 Mission Street, San Rafael, California described in the diagram attached as Area A and Area D and incorporated by reference as Exhibit A. Area A will be used as Storage for both Falkirk and MPC. MPC has access to Area A which can be utilized as an entry/exit. MPC will have use of a section within Area D designated by Falkirk (not to exceed 54 sq. ft.) for desk and minimal work space for purposes of administrative offices and no other purpose. MPC and Falkirk are allowed space within leased Area D by virtue of Section 11 of the January, 1992 amendment to the Public Art Works (Interarts of Marin) agreement. SECTION 2. Term of Lease The lease shall last for one year, to commence on January 1, 1993, and terminate on December 31, 1993. MPC shall surrender the Premises to City immediately on termination of the lease. SECTION 3. Rental MPC shall pay five hundred dollars ($500) for 1993, which will contribute to the capital improvements at Falkirk. MPC further agrees to provide programs and services enumerated in Exhibit C and attached and incorporated by reference herein. SECTION 9. Use of Falkirk Cultural Center In addition to office space leased to MPC, the City agrees to the following uses by MPC of the Falkirk Cultural Center: a. Exclusive use of a main floor meeting room for two weekday evening meetings per month scheduled in advance. b. Use of a meeting room one weeknight per month for a board meeting. c. Use of Falkirk for one weekend day per year (excluding December). d. Use of Falkirk for one weekend day per year for a collaborative event coordinated through the Falkirk program staff. Fee -generating clients shall have first priority for rental space. MPC events scheduled in advance will not be preempted by City. If any of the uses outlined in this section occur during the hours Falkirk is C0CC_J",7 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 City 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 if the safety or maintenance requirements of Falkirk are not strictly adhered to. SECTION 16. 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. SECTION 17. Whole Agreement This constitutes the entire agreement of the parties. No modification or amendment of this agreement by all parties. s valid unless itis in writing Tutu vaccu«u Other than specifically amended and modified by this Agreement, all other provisions of the MPC Lease Agreement between the parties dated December 17, 1990 is confirmed and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this agreement on this 5th day of Avril , 1993. CITY OF SAN RAFAEL �aUA46�- PAMELA J. NICOLAI City Manager ATTEST A JAkNNE M. LEON INI City Clerk CONTENT: VA GHN ST"TI~ORD Cul Affairs Director Q CAROL ADNtN, Falkirkctor Cultural Affairs Supervisor APP OVED AS TO FORM: 44, r� GARY T. RAGGHIANTI City Attorney MARIN POE Y CENTER LYNN PAYT , President Marin Poetry Center, Board of Directors EXHIBIT C MARIN POETRY CENTER 1993 EVENT PROGRAM Addendum to the Lease Agreement between Marin Poetry Center and The City of San Rafael READING SERIES Once a month, on the 2nd Tuesday of each month, Main 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 each. The readings will start at 7:30 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 p.m. to 9 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 1 st Monday of each month, MPC will hold board meetings from 7:30 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. 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. 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 will the Falkirk program staff and must be scheduled around the Falkirk December Programming. r v ` I • A r,