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HomeMy WebLinkAboutCC Resolution 7862 (Falkirk Cultural Center)6 RESOLUTION 140. 7862 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The AIAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with LEASE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND INTERARTS OF MARIN FOR USE OF FALKIRK CULTURAL CENTER (5 -year lease, commencing January 1,1989 and terminating on December 31, 1994) a cops- of which is hereby attached and by this reference made a part hereof. I, JEANNE Al. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a rPg„iar meeting of the City Council of said City held on TrtnnAmy the�lst day of iV9Vg�nl�er , 19 by the following vote, to wit: AYES: COUNCILMEA4BERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Ja; LEONCINI, City Clerk 71, LEASE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND INTERARTS OF MARIN FOR USE OF FALKIRK CULTURAL CENTER This AGREEMENT is made and entered into this q i G r day of NnvPmhPr , 1988 by and between the CITY OF SAN RAFAEL (hereinafter referred to as CITY) and INTERARTS OF MARIN (hereinafter referred to as INTERARTS) 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. Interarts of Marin is an arts organization committed to the encouragement of public art in Marin County. 4. Both the City and Interarts believe that locating administrative offices of Interarts at Falkirk Cultural Center will be of mutual benefit. AGREEMENT Section 1. Description of Premises City leases to Interarts premises on the second floor of the building known as "Falkirk Cultural Center" located at: 1400 Mission Street San Rafael, California As shown on the diagram attached hereto as Exhibit "A". 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 five years, to commence on January 1, 1989, and terminate on December 31, 1994. Interarts shall surrender the premises to City immediately on termination of the lease. Section 3. Rental For the first two years of this lease, Interarts shall pay two hundred ($200) a month, due in advance on the first day of each month for the succeeding month's rental. On January 1, 1991 and each succeeding January, for the term of this lease, the rent shall be increased by the same percentage as the increase in the previous year's Bay Area Consumer Price Index. Payment shall be made to Falkirk staff, and a payment shall be delinquent if not paid by the tenth day after which it is due. On Interarts' failure to pay the rental on a timely basis, the City shall have the right to terminate this lease, and the lease will thereupon be forfeited. Section 4. Restrictions on Use Interarts shall not use or permit the premises, or any part thereof, to be used for any purposes other than those set forth herein. Interarts shall neither permit on the premises any act, sale, or storage that may be prohibited under standard fortes of fire insurance policies, nor use the premises for any such purpose. Interarts 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. Abandonine Premises or Personal ProDertv Interarts shall not abandon the premises at any time during the term, but if Interarts does vacate or abandon the premises, any property belonging to Interarts and left on the premises shall be deemed abandoned at the option of the City and shall become the property of the City. Section 6. Utilities Interarts' leased office space equals approximately ten percent of the total occupied space of Falkirk. Interarts agrees to pay ten percent of utilities, of Falkirk Cultural Center to cover costs of janitorial and alarm services and gas and electricity. Interarts shall pay a monthly utility charge of seventy dollars ($70.00) from January 1, 1989 through December 31, 1989. Utility payments shall be due in advance on the first day of each month for the succeeding month's rental. Payment shall be made to Falkirk staff, and a payment shall be delinquent if not paid by the tenth day after which it is due. On January 1, 1990, and each succeeding January thereafter, the monthly utility charge will be adjusted to reflect the actual costs of the previous year's utilities; i.e. if monthly utility costs for the previous year were $900, Interarts will be charged $90 a month for utilities in the new year. Section 7. Insurance Interarts will provide a certificate of insurance to the City of San Rafael, naming the City, its officers and employees as an additional insured on Interarts 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: ReDairS Interarts has inspected the premises, and the premises are now in a tenantable and good condition. By June 30, 1989 the City agrees to paint the premises white, to polish floors, to install exterior lights on the second floor entrance and first floor side entrance. Interarts shall take good care of the premises and shall not alter, repair, or change the premises without the written consent of the City. All alterations, improvements, and changes that Interarts may desire shall be done either by or under the direction of the City, and shall become the property of the City and remain on the premises, except that at the option of the City, Interarts shall, at Interarts' expense, remove from the premises all partitions, counters, railings, and similarly installed improvements when surrendering the premises. All damage or injury done to the premises by Interarts or any person who may be in or on the premises with the consent of Interarts shall be paid for by Interarts. Interarts 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. City shall be responsible for making all routine repairs and for performing routine maintenance. Interarts shall permit City or City's agents to enter the premises at all reasonable times to inspect the premises, clean windows, perform other janitorial services, maintain the building and premises, and make repairs, alterations, or additions to the premises, or any portion of the building Section 9. Use of Falkirk Cultural Center In addition to the space leased to Interarts, the City agrees to the following additional uses by Interarts of Falkirk Cultural Center: a. two free daytime meeting rooms per month scheduled in advance b. one weekend day/night per each six months c. one weeknight per month (for Board meetings) If any of these uses occurs when Falkirk is not open to the public, Interarts will be responsible for opening and closing the facility for their own events, or a Falkirk facility attendant will be hired and paid by Interarts. The City reserves the right to hire a facility attendant at Interarts cost for any and all of the above events. Additional advance scheduled space requests will be charged non-profit rental rates. Section 10. Keys At all times Interarts will have two keys which allow access to the Interarts offices through the second -floor -rear -exterior door, but not access to the remainder of the building. On a 3 month trial basis, Interarts will be assigned 2 keys to the main portion of Falkirk house providing access to public areas and the front door during non- operational hours. After this trial, the key situation will be evaluated by both staffs, and revised if the City staff determines it is necessary. Fees charged by Warren Security for accidental alarms set-off by Interarts staff and visitors will be paid by Interarts. In addition, the City may assess Interarts a charge of $50 per occurrence for any accidental alarms set-off by Interarts staff or visitors in excess of two per calendar year. Section 11. Marin Poetry Center Interarts 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 Interarts 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 repair the damages within ninety days, during which time Interarts shall be entitled to an abatement on the rental. Where more than twenty-five per cent (25%) of the demised premises is destroyed by natural disaster, 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. Interarts shall be liable for the costs of all damages caused by the negligence of Interarts, and there will be no abatement of rent or termination of this lease for these damages. 14. Assignment and Sublease. Interarts 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 Interarts, by operation of law, without the written consent of City. 15. Breach or Default Interarts shall have breached this lease 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, or Interarts 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 notice thereof from City. CITY OF SAN RAFAEL: -�� i _U4a"'_ Lawrence E. Mulryan, Mayor " Susan Pond s Interarts Executive Director 3�4* Jn M. Gray Int s Board President APPROVED AS TO FORM: oe- )00 6011 ary T. Ragghianti A City Attorney Attest: ne Leonc' City Clerk Carol Adney Cultural Affairs Supervis APPRO Vaugifiotrati Cul al Affai c � yZgZ� FALKIRK CULTURAL CENTER AND INTERARTS OF MARIN 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 storage space for 4'x8' plywood sheets 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, Interarts will not be charged additional fees, and not accrue time limiting free use of Falkirk 4. Should Interarts require a Falkirk Facility Attendant, they will be charged direct costs of $12.00 per hour 5. 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. Interarts 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 Interarts from the Director of Interarts. 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