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HomeMy WebLinkAboutCC Resolution 8053 (Marin Poetry Center)RESOLUTION NO. 8053 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 with LEASE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARIN POETRY CENTER FOR USE OF FALKIRK CULTURAL CENTER 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 introduced and adopted at a Regular meeting of the City Council of said City held on the second day of October 1989 by the following vote to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE NE M. LEON"CIN10 Cit � c�k� resmpc � i�lAl �oS3 LEASE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND MARIN POETRY CENTER FOR USE OF FALKIRK CULTURAL CENTER This AGREEMENT is made and entered into this 1st -day of September, 1989 by and between the CITY OF SAN RAFAEL (hereinafter referred to as CITY) and MARIN POETRY CENTER (hereinafter referred to as MPC). RECITALS 1. The City of San Rafael owns and operates Falkirk Cultural Center, a National Historic Landmark, a facility which houses the offices of the City's Cultural Affairs division, and a facility in which cultural programs and events are held. 2. It is the City's intention to provide office space at Falkirk for appropriate Marin County arts and cultural organizations. 3. Marin Poetry Center is an arts organization committed to the encouragement of poetry in Marin County. 4. Both the City and MPC believe that locating administrative offices of MPC at Falkirk Cultural Center will be of mutual benefit. AGREEMENT Section 1. Description of Premises City leases to MPC the premises on the second floor of the building known as "Falkirk Cultural Center" located at: 1408 Mission Street San Rafael, California As shown on the diagram attached hereto as Exhibit "A". MPC Office area: The attached map designates the rental area: D and A. Area A will be storage for Falkirk and the Marin Poetry Center. MPC has access to area A which can be utilized as an entry/exit. The premises shall be used for the purpose of administrative offices and for no other purpose. Section 2. Term of Lease The lease shall last for one year, to commence on September 1, 1989, and terminate on August 30, 1990. Mann Poetry Center shall surrender the premises to City immediately on termination of the lease. Section 3. Rental Marin Poetry Center shall pay one dollar per year ($1.00). MPC further agrees to provide programs and services enumerated in Exhibit B and attached hereto. Section 4. Restrictions on Use MPC shall not use or permit the premises, or any part thereof, to be used for any purposes other than those set forth herein. MPC 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. MPC 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. Section 5. Personal Prooertv Remaining on Premises After MPC vacates the premises, either by expiration of the term, termination of the lease, or abandoment, MPC must remove all personal property immediately. After receipt of the written notice required by law from City concerning disposition of any personal property left on the premises by MPC, MPC shall be responsible for all reasonable costs of storing such personal property. The personal property will only be released to MPC upon payment of reasonable storage costs to City. Section 7. Insurance MPC will provide a certificate of insurance to the City of San Rafael, naming the City, its officers and employees as an additional insured on MPC 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 certificate shall also provide that the insurer will not cancel the insurance without providing the City at least thirty (30) days advance written notice. Section 8. Alterations & Modification: Repairs MPC is renting the building as is. Restoration and repairs will be at the will of the City staff, and based upon available funds. This building is under constant work, and allowances must be taken to permit the restoration of this 100 year old mansion. MPC shall cosponsor with City any grants directed towards programming and restoration of the facility and grounds. Certain improvements will be made to the facility within the first 6 months of 1989 rental, i.e. the rental area will be painted white. Lights installed at the exterior doors, floors will be polished. Section 9. Use of Falkirk Cultural Center In addition to the space leased to MPC, the City agrees to the following additional uses by MPC of Falkirk Cultural Center: a. two free daytime meeting rooms per month scheduled in advance b. one weekend day and/or night every six months. c. one weeknight per month (for Board meetings) d. fee -generating clieents shall have first priority for rental space of a room over MPC for non-public event meetings. 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 for its own events or MPC shall hire and pay for the services of a 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. Additional advance scheduled space requests will be charged non-profit rental rates. Section 10. Keys MPC will be assigned 1 key to the main portion of Falkirk house providing access to public areas and the front door during non -operational hours. This same key allows access to MPC offices through the hallway entrance. Fees charged by Warren Security for accidental alarms set-off by MPC staff and visitors will be paid by MPC. In addition, the City may assess MIPC a charge of $50 per occurrence for any accidental alarms set-off by MPC's staff or visitors in excess of two per calendar year. Section 11. Public Art Works Public Art Works, a non-profit Marin Corporation leasing space at Falkirk, agrees to allow the Marin Poetry Center to retain a desk and minimal work space (not to exceed 54 sq. ft.) within the leased premises. 12. Arbitration All claims or disputes between the City and MPC 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. 13. Destruction of Premises In the event of a partial destruction of the premises during the term caused by natural disasters, the City shall have the option of refusing to repair or replace the premises, and the duty to pay rental under this lease shall terminate as of the date of the disaster. MPC shall be liable for the costs of all damages caused by the negligence of MPC, and there will be no abatement of rent or termination of this lease for these damages. 14. Assignment and Sublease. MPC 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 assignment, 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 MPC, by operation of law, without the written consent of City. 15. Breach or Default MPC shall have breached this lease and shall be considered in default hereunder from City, if MPC fails to perform or comply with any of the covenants or conditions of this lease and such failure continues for a period of ten days after receipt of written notice thereof from City. 16. Hold Harmless Clause MPC agrees to hold harmless, indemnify and defend City, its officers and employees from any and all claims, loss, liability and damages arising from MPC's, its agents, employees, and officer's negligence arising during the hours of MPC's use of the rental premises. CITY OF SAN RAFAEL: ------ -------------- Lily-Iona Soucie, President Marin Poetry Center, of D' ctors ----------------------- - Carol Adney, Falkirk ector ke e M. Leone �nii`tyClerk APPROVED AS TO FORM: Gary T. Ragghianti City Attorney interart.doc Attest: Lawrence E. Mulryan, Mayor Laurel Trivelpiec r_11� Marin Poetry Center Board Treasurer S au l fi�tratford ult Affairs I FALKIRK CULTURAL CENTER AND MARIN POETRY CENTER HOUSE OPERATIONS 1. The City will provide with the rent: two parking spaces on the driveway during the weekdays; additional space in the adjacent Menzies parking lot; room rental/booking service for Falkirk facilities; literature distribution space in front office; front door reception during public hours; 2. Public hours are consistent, however may change at the will of the City. 3. When the City agrees to co-sponsor an activity, Marin Poetry Center will not be charged additional fees, and not accrue time limiting free use of Falkirk. 4. Should Marin Poetry Center require a Falkirk Facility Attendant, they will be charged direct costs -of $12.00 per hour. S. Staff use of the kitchen is permitted during the week. All areas must be cleaned at the end of the day, and no personal food remaining in the refrigerator prior to the weekend. 6. Falkirk Director makes all decisions regarding the operation of Falkirk. 7. Marin Poetry Center 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 Marin Poetry Center from the Board of Marin Poetry Center. 8. New signs both exterior and interior will be agreed upon by both parties and costs split to cover the construction, and installation of those signs. oa,11'T A d9x q P.O.Box 9091 San Rafael, CA. 9491 f Memo to: Carol Adney, Supervisor of Cultural Affair From: Lily Iona Soucie, Chair, Marin Poetry Center ` Re: Marin Poetry•Center Office Space at Falkirk Date:• 4/26/8-9 Sorry to take_so long in responding to your request, Carol, but I've been busy with teaching and other matters. Since we did not receive the funding we had hoped for from the MCF, and don't anticipate much if anything from the CCAC, we have had to revamp our programming goals for the 1989/90 season. Instead of offering 4-5 major readings with well-known and established poets, we will try for nine monthly readings featuring local writers who have published at least one book and are respected by their peers. So we will not be giving up quality... just lowering our sights somewhat. We also hope to bring in two major poets, one for a workshop and one for a reading, and we also may negotiate a workshop or two with individuals who want an audience but do not require any payment from the MPC; in other words, they will organize and present a workshop for which the participants will pay. In addition, we will continue our travelling show, which does not bring people to Falkirk since we give these six readings at bookstores and libraries throughout the county: the purpose is ( to get more exposure for poetry. However, we will continue the j� open reading.on the fourth Thursday of each month from 7-9 PM t_ which has drawn an average of ten people per session and seems to be filling a need within our membership and the larger community. Since we can't afford to do special cards for the readings featuring local poets, bur publicity will consist of notices in Poetry Flash and local papers' calendars. In whatever we do, we will continue to credit Falkirk as "co-sponsor" as we have done in the past. The small amount we raise at fund-raising readings will help to pay publicity expenses, phone bills, very small occasional honorariums to writers, insurance, and so on. As you can see, we are left with nothing for rent and hope the arrangement we have had with Falkirk ($1.00 per year) can continue. Many thanks