HomeMy WebLinkAboutCC Resolution 8859 (Falkirk Cultural Greenhouse Use)RESOLUTION NO. 8 859
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 lease agreement with
THE NATURAL GARDENING COMPANY FOR THE USE OF FALKIRK CULTURAL
CENTER GREENHOUSE;term of the lease shall be for one year to commence on January 11,
1993 with an option to renew for one year at the end of the lease period. The option to renew
shall extend for a period of two one year leases, ended January 9, 1996;
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: Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
". '
X&9 M. LEONCII�I, City Clerk
JANUARY, 1993 AMENDMENT TO THE NATURAL GARDENING COMPANY LEASE
AGREEMENT FOR THE USE OF FALKIRK CULTURAL CENTER GREENHOUSE
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 THE NATURAL GARDENING COMPANY (hereinafter referred to as TNGC).
RECITALS
WHEREAS, the parties entered into a written agreement pursuant to Resolution No. 8325
dated January 7, 1991 related to TNGC use of the Falkirk Cultural Center Greenhouse; and
WHEREAS, TNGC has opted to renew the lease for one year in accordance with the
existing lease agreement; and
WHEREAS, the City intends to increase the lease fee by 10% as of January 11, 1993;and
WHEREAS, TNGC has installed a water meter on the water line into the Greenhouse and
the cost of the water meter and the cost of the installation of the water meter has been deducted
from monthly fees until that cost was absorbed by the City.
NOW, THEREFORE BE IT RESOLVED, that the written agreement between the parties
dated January 7, 1991 shall be amended and modified as follows:
SECTION 1.
City also agrees to lease at an additional cost, use of the parking area to the East of the
greenhouse on which to erect a temporary greenhouse structure. The space utilized,
48L x 20W x 9.51-1 (960 sq. feet) is immediately adjacent to the retaining wall. See Exhibit B.
SECTION 3. TERM OF LEASE
The term of the lease shall be for one year to commence on January 11, 1993 with an option to
renew for one year at the end of the lease period. The option to renew shall extend for a period
of two one year leases, ended January 9, 1996. The lease fees may be renegotiated for the lease
period beginning January 11, 1994 and annually thereafter. The lease fee shall not increase more
than 10% per year. TNGC shall surrender the premises to City immediately on termination of
the lease.
SECTION 4. FEES
TNGC shall pay a fee of $159.50 per month for the duration of the lease period based on $.097
per square foot. The fee shall be due retroactively from the first of the month beginning January
11, 1993.
For use of the additional space in the parking area noted in Exhibit B, there will be a one time
membership contribution of $500 which will be restricted for capital improvements to Falkirk.
Rent for this space will be negotiated in any future amendment to the lease.
SECTION 5. UTILITIES
TNGC agrees to pay the monthly utility (electricity and water) costs incurred at the Greenhouse.
Utility costs shall be determined through Pacific Gas and Electric utility bills metered at the
Greenhouse, and by the water usage metered at the Greenhouse, recorded by TNGC, verified by
the Falkirk Director and billed at the current Marin Municipal Water District rate for the
increased service. The total utility costs shall be submitted to TNGC monthly. Utility payments
shall be made payable to the Falkirk Cultural Center and will be delinquent if not made by the
10th day after the payment due date. Any additional lights or heating units shall be approved by
the Falkirk Director before installation.
Other than as specifically amended and modified by this Agreement, all other provisions
of THE NATURAL GARDENING COMPANY Lease Agreement between the parties dated
January 7, 1991 are confirmed and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this agreement on this
5th day of April , 1993.
CITY OF SAN RAFAEL THE NATURAL GARDENING COMPANY
PAMELA J. NICOLAI
City Manager
ATTEST
cl!=" A
ANNE M. LEO CINI
City Clerk
DAVID BALDWIN, President
The Natural Gardening Company
APPROVED AS TO CONTENT:
V44 34417
VA GHN STRA�TFORD, Cultural Affairs Director
��-
CAROL ADNEY, Falkir actor
Cultural Affairs Supervisor
APPROVED AS TO FORM:
a I'luja4� /0' era
GARY T. RAGGHIANTI, City At orney
LEASE AGREEMENT
BETWEEN THE CITY OF SAN RAFAEL AND THE NATURAL GARDENING COMPANY FOR
THE USE OF FALKIRK CULTURAL CENTER'S GREENHOUSE
This AGREEMENT is made and entered into this tenth day of January 1991 by and between the CITY OF
SAN RAFAEL (hereinafter referred to as CITY) and THE NATURAL GARDENING CENTER
(hereinafter referred to as TNGC).
RECITALS
1. The City of San Rafael owns and operates Falldrk Cultural Center, a National Historic Place. The
property includes the Falkirk Mansion, the Greenhouse, surrounding gardens, and several smaller
outbuildings situated on 11 acres.
2. The Greenhouse is a viable greenhouse structure. Water and electricity are available within the
structure. There is no heat.
3. It is the City's intention to use the Greenhouse appropriate to its function.
4. TNGC is an organic gardening company operating at 217 San Anselmo Avenue, San Anselmo, CA
94960.
5. Both the City and TNGC believe that using the Greenhouse will establish it as a viable facility and
will enhance the options for future use as well as protect it from vandals and deterioration.
AGREEMENT
City agrees to lease to TNGC the greenhouse structure northwest of the mansion on the Falldrk Cultural
Center property located at:
1408 Mission Avenue
San Rafael, CA 94901
A diagram is attached hereto as "Exhibit A".
The Greenhouse will be used for nursery, teaching and other purposes directly associated with the function
of a greenhouse. Falkirk Cultural Center may conduct guided docent tours through the Greenhouse and
gardening classes in the Greenhouse by prior arrangement with TNGC.
Section 3. Term of Lease.
The term of the lease shall be for one year to commence on January 10, 1991 with an option to renew for
one year at the end of the lease period. The option to renew shall extend for a period of four one year
leases, ending January 9, 1996. The lease fees may be renegotiated for the lease period beginning January
10, 1992 and annually thereafter. The lease fee shall not increase more than 10% per year. TNGC shall
surrender the premises to City immediately on termination of the lease.
Section 4. Fees.
TNGC shall pay a fee of $ 132.00 per month for the duration of the lease period based on $.08 per square
foot. The fee shall be due on the first of the month beginning January 10, 1991.
Section 5. iZbUes-
Before occupying the structure, TNGC shall install a water meter on the water line into the Greenhouse at a
cost agreed upon by TNGC and the City. The cost of the water meter and the cost of the installation of the
water meter will be deducted from the monthly fees until that cost is absorbed by the City. TNGC further
agrees to pay the monthly utility (electricity and water) costs incurred at the Greenhouse. Utility costs shall
be determined through PACIFIC GAS AND ELECTRIC utility bills metered at the Greenhouse, and by the
water usage metered at the Greenhouse, recorded by the TNGC, verified by the Falkirk Director and billed
at the current MARIN MUNICIPAL WATER DISTRICT rate for the increased service. Utility payments
shall be made payable to the Falkirk Cultural Center and will be delinquent if not made by the 10th day
after the payment due date. Any addition of lights or heating units shall be approved by the Falkirk Director
before installation.
TNGC shall not use or permit the premises, or any part thereof, to be used for any purposes other than those
set forth herein. TNGC shall neither permit on the premises an act, sale, or storage that may be prohibited
under standard forms of fire insurance policies nor use the premises for any such purpose. At no time shall
more than five people be in the glass roofed central portion of the structure. TNGC shall comply with all
governmental regulations and statutes affecting the premises now or in the future and shall also comply with
the rules and regulations attached to this lease and made a part hereof. There shall be no illegal plants
grown.
If TNGC vacates or abandons the premises, any property belonging to TNGC and left on the premises shall
be deemed abandoned at the option of the City and shall become the property of the City.
Section 8. Insurance.
TNGC will provide a Certificate of Insurance to the City naming the City, its officers and employees as an
additional insured on TNGC's General Comprehensive Liability policy. The policy limits applicable
to the City will be no less thank $1,000,000 per person and $1,000,000 per occurrence. 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.
.• ' . C!•!a •1411 IM.• •
TNGC has inspected the premises, and the premises are now in a tenantable and good condition. All
alterations, improvements, and changes that TNGC may desire shall be done by TNGC with the permission
of the City and shall become the property of the City and remain on the premises. TNGC will install
irrigation, ventilation and security systems as needed for the operation of the facility as a greenhouse. The
City will approve the details of each installation before it is executed. All damage or injury done to the
premises by TNGC or any person who may be in or on the premises with the consent of TNGC will be paid
for by TNGC. TNGC 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. TNGC shall permit City or City
agents to enter the premises at all reasonable times to inspect the premises, to maintain the building and
premises and make repair, alterations, or additions to the premises, or any portion of the building that the
City deems necessary. The City will replace glass, maintain doors and locks and maintain gardens around
the building.
Section 10. KM.
At all times TNGC shall have three keys to the Greenhouse authorized to David Baldwin and Karen
Kramer, principals of TNGC and Jim Normandi for the period during which Normandi is an employee of
TNGC. TNGC will pay to replace lost keys.
Section 11. Arbitration.
All claims or disputes between the City and TNGC relating to this Agreement shall be decided by
arbitration in accordance with current provisions of the California Code of Civil Procedure and all its
successor provisions conducted in Marin. The decision of the arbitrator shall be final and binding on the
parties. Interpreting the provision of the Agreement, the arbitrator may make an award of costs and fees,
including attorney's fees necessitated by arbitration.
In the event of a partial destruction of the premises caused by a natural disaster during the term of this
agreement, which renders the structure unusable as a greenhouse, City shall have the option of refusing to
repair or replace the premises, and TNGC's duty to pay fees under this agreement shall terminate as of the
date of the disaster. If the City opts to repair the Greenhouse, TNGC may, with approval of the City,
arrange to make immediate repairs at their own expense to keep the Greenhouse operable. Such cost will be
reimbursed by the City.
Section 13. Assignment and Sublease.
TNGC shall not assign 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, occupation or use by any
person shall not be a consent to any subsequent assignment, sublease, occupation or use by any other
person. Any assignment or subletting without the consent of the City shall be void. This agreement shall
not be assignable, as to the interest of TNGC, by operation of law without the written consent of City.
Section 14. Breach or Default.
TNGC shall have breached this agreement and shall be considered in default hereunder if it fails to pay any
rent when due and does not make the delinquent payment within ten days after receipt of notice thereof
from City. TNGC's failure to perform or comply with any of the covenants or conditions of this lease and,
when such failure continues for a period of ten days after receipt of notice thereof from the City, constitutes
a breach of this agreement.
CONTRACT APPROVED BY:
Pamela J. Nico1ai
City Manager
ATTEST:
(Jb a L.eoncint
CoArD'
LO,-.- _
Carol Adne
Cultural Affairs Supervisor)
... • l• •i• zIIff
V.,L J�i,
Vaudhn Stratford I
Cultftral Affairs Director
APPROVED AS TO FORM:
Gary T. �Rgge..tLihW4--4tVLfn-
City
Attorney
Kms'
'David Baldwin for TNGC
FALKIRK CULTURAL CENTER AND GREENHOUSE OPERATIONS
1. The City will provide with the lease:
One parking space on the driveway.
2. No additional fees will be charged for classes, tours or other activities that are co-sponsored by the
City and TNGC.
3. The Falkirk Director makes all decisions regarding the operation of the Falkirk Cultural Center and
grounds.
4. TNGC 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 TNGC.
5. New signs, both exterior and interior will be agreed upon by both parties. Construction and
installation costs of the signs will be assumed by TNGC.
r�
51
rlIBI7 t, �J
1 ,. , ~'1::; ;•' Al • . .- - f - . _ .; -
All
C
�C
J
Li
7
I
0
i
0