HomeMy WebLinkAboutCC Resolution 8613 (Falkirk Lease)RES OLUTION NO. 8 613
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, 1992 AND TERMINATING ON
DECEMBER 31,1992
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 eighteenth day of February, 1992 by the following vote to
wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
MrIl M. AN�6tI, 'City
ORIGiNAI �fr6,3
JANUARY, 1992 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, 1992, and terminate on December 31,
1992. MPC shall surrender the Premises to City immediately on termination of the lease.
SECTION 3. Rental
MPC shall pay one hundred fifty dollars per year ($150). 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 closed to the public, MPC will be responsible for opening and closing the facility ffor its
own events or COPY
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
shall be valid unless it is in writing and executed by all parties.
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
18TH day of FEBRUARY , 1992.
CITY OF SAN RAFAEL_
PAMELA J. NIC LAI
City Manager
ATTEST
JE M. LEON IC NI
City Clerk
;z'
S T CONTENT:
VAVG" HN STR ORD
Cultural Affairs Ibirector
CAROL ADNEY, Falkirk Dire r
Cultural Affairs Supervisor
APPROVED AS TO FORM -
em `
KL
GARY T. RAGGHIANTI
City Attorney
MARIN POETRY CENTER
I—
LV PAYTON, ,6esident
Marin Poetry Center,
Board of Directors
EXHIBIT C
MARIN POETRY CENTER 1992 EVENT PROGRAM
Addendum to the Lease Agreement between Marin Poetry Center and The City of San Rafael
1. 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 Mann 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 1st 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.