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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