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Home My WebLink AboutCC Resolution 11847 (Office Rental at Falkirk)RESOLUTION NO. 11847 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO AMEND THE RENTAL AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND GOODMAN MARKETING FOR THE USE OF THE FALKIRK CULTURAL CENTER FOR ADMINISTRATIVE OFFICE SPACE THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, on January 4, 2005, Goodman marketing entered into a month-to-month rental agreement with the City for certain office space in the Falkirk Cultural Center; and WHEREAS, Goodman Marketing now desires to increase the amount of space at the Falkirk Cultural Center and agrees to increase the rental payment; and WHEREAS, all other terms and conditions of the original rental agreement shall remain unchanged. NOW, THEREFORE, the City Council and Goodman Marketing agree as follows: A. Section 1 of the original Rental Agreement is hereby deleted and a new Section 1 is added to the agreement to read as follows: "Section 1: Description of the Rented Snace. City rents to Goodman Marketing and Goodman Marketing rents from City that certain space on the second floor of Falkirk Cultural Center, located at 1408 Mission Street, San Rafael, California, marked as rooms D, E, F and H, on the diagram attached hereto and incorporated herein as Exhibit `B". B. Section 4 of the original rental agreement is hereby deleted and a new Section 4 is added to the agreement to read as follows: "Section 4. Rent. For rent of the space depicted in Exhibit B herein, Goodman Marketing shall pay rent to City in the amount of $1,950.00 per month, due and payable on the first of each month in advance. Monthly rent shall include Goodman's share of PG&E utility costs, janitorial services, security alarm services, water charges, shared use of copy machine and for one additional parking space behind the greenhouse." C. Except as modified in Sections A and B, above, all the remaining covenants, terms and conditions of the original rental agreement shall remain in full force and effect. The City Manager is authorized to execute, on behalf of the City of San Rafael, an addendum to the rental agreement between the City of San Rafael and Goodman Marketing, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCM, 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 Monday, the 7th day of November, 2005 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips & Vice -Mayor Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro JEA NZr►, MM. LEONCINI, City Clerk AMENDMENT TO THE RENTAL AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND GOODMAN MARKETING FOR USE OF A PORTION OF THE FALKIRK CULTURAL CENTER FOR ADMINISTRATIVE OFFICE SPACE WHEREAS, on January 4, 2005, Goodman entered into an month-to-month rental agreement with City for certain office space in the Falkirk Cultural Center; and, WHEREAS, Goodman now desires to increase the amount of space which it rents form City in the Falkirk Cultural Center and will pay an increased amount of rent; and, WHEREAS, all other terms and conditions of the rental agreement shall remain unchanged; AGREEMENT NOW, THEREFORE, City and Goodman hereby agree as follows: A. Section 1 of the original rental agreement is hereby deleted and a new Section 1 is added to the agreement to read as follows: " Section 1: Description of the Rented Space. City rents to Goodman Marketing and Goodman Marketing rents from City that certain space on the second floor of Falkirk Cultural Center, located at 1408 Mission Street, San Rafael, California, marked as rooms D, E, F and H, on the diagram attached hereto and incorporated herein as Exhibit `B". B. Section 4 of the original rental agreement is hereby deleted and a new Section 4 is added to the agreement to read as follows: "Section 4. Rent. For rent of the space depicted in Exhibit `B" herein, Goodman shall pay rent to City in the amount of $1,950.00 per month, due and payable on the first of each month in advance. Monthly rent shall include Goodman's share of PG&E utility costs, janitorial services, security alarm services, water charges, shared use of copy machine and for one additional parking space behind the greenhouse." C. Except as modified in sections A and B, above, all of the remaining covenants, terms and conditions of the original rental agreement (Exhibit "A" hereto) shall remain in full force and effect. Date: I f //q/0 !;-- CITY CITY OF SAN RAFAEL: Rod Gould, City Manager \ ATTEST: '%. ea ne M. Leoncini, City Clerk T. Ra ' anti, City/Attorney Date: GOODMAN MARKETING: larolyntood�rk'a-/n, President APPROVED AS TO CONTENT: Carlene McCart, Director Community Services FILE: 4-10-345 9-<A, 6,+ A AGREEMENT BETWEEN CITY OF SAN RAFAEL AND GOODMAN MARKETING FOR USE OF FALKIRK CULTURAL CENTER FOR ADMINISTRATIVE OFFICE SPACE This AGREEMENT is made and entered into this day of , 2005 by and between the CITY OF SAN RAFAEL (hereinafter referred to as CITY) and Goodman Marketing. RECITALS 1. The City of San Rafael owns and operates Falkirk Cultural Center, a National Historic Place, a facility that houses the offices of the City's Cultural Affairs division, and a facility in which cultural programs and events are held. 9XW3:f#u10LM Section 1. Description of Rented Space. City rents to Goodman Marketing certain space on the second floor of the building known as "Falkirk Cultural Center" located at 1408 Mission Street, San Rafael, California attached as EXHIBIT "A". Section 2. Use of Rented Space. Goodman Marketing shall use rented space described in Exhibit A for an administrative office. In addition, during the term of this agreement Goodman Marketing will be permitted to use the grounds of Falkirk for one outdoor event of up to 8 hours on any day other than Saturday, if said event does not conflict with previously scheduled rentals or Falkirk events. For all public programs and events Goodman Marketing will be responsible for facility attendant fees, and any other costs arising as a result of the program or event, such as extraordinary cleaning costs of the house or grounds of Falkirk, police services etc. Section 3. Term of Agreement. The rental of space by Goodman Marketing shall be on a month-to-month basis commencing January 15, 2005. This agreement may be terminated by either party by giving the other party thirty -day notice in writing as detailed in "Section 17" of this agreement. Section 4. Rent. Goodman Marketing shall pay City $1,450 a month for the rental of space described in Exhibit A. Monthly rental amount includes Goodman Marketing's share of PG&E utility costs, janitorial services, security alarm services, water charges, and shared use of a copy machine and a fax machine. Section 5. Restrictions on Use. Goodman Marketing shall not use nor permit others to use the rented space or Falkirk Cultural Center, or any part thereof, for any purposes other than those set forth herein. Goodman Marketing shall neither permit on its rented space, or anywhere on the Falkirk premises, any act, sale, or storage that may be prohibited under standard forms of fire or liability insurance policies, nor use said premises for any such purpose. Section 6. Personal Property Remaining on Premises. After Goodman Marketing vacates the premises, either by expiration of the term, termination of the rent, or abandonment, Goodman Marketing 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 Goodman Marketing, Goodman Marketing shall be responsible for all reasonable costs of storing such personal property. The personal property will only be released to Goodman Marketing upon payment of reasonable storage costs to City. Section 7. Insurance. Goodman Marketing will provide a certificate of insurance to the City of San Rafael naming the City, its officers and employees as an additional insured on Goodman Marketing 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. This insurance shall be primary to any other coverage the City may have. Goodman Marketing shall provide an endorsement to each of its policies naming the City, its officers and employees as additionally named insureds. Section 8. Alterations & Modification; Repairs. Goodman Marketing is renting the space described in Exhibit A "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 116 -year old mansion. Section 9. Keys and Alarms. a. Goodman Marketing will be assigned three (3) keys to Goodman Marketing offices. Goodman Marketing will pay the cost of keys. b. Fees charged by Falkirk's security company for accidental alarms set off by staff and visitors of Goodman Marketing, will be paid by Goodman Marketing. In addition, the City may assess Goodman Marketing a charge of $50.00 per occurrence for any accidental alarms set off by Goodman Marketing's staff or visitors. Section 10. Arbitration. All claims or disputes between the City and Goodman Marketing relating to this Agreement shall be resolved by arbitration in accordance with the rules of the American Arbitration Association conducted in Marin County under the laws of the Sate 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. Section 11. 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 agreement shall terminate as of the date of the disaster. Goodman Marketing shall be liable for the costs of all damages caused by the negligence of Goodman Marketing and there will be no abatement of rent or termination of this agreement for these damages. Section 12. Assignment and Sublease. Goodman Marketing shall not assign any right or duties under this agreement or sublet the premises or any part thereof 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 agreement shall not be assignable, as to the interest of Goodman Marketing by operation of law, without the written consent of City. Section 13. Breach or Default. If Goodman Marketing fails to perform or comply with any of the covenants or conditions of this agreement and such failure continues for a period of ten (10) days after receipt of written notice thereof from City, Goodman Marketing shall be in breach of and shall be considered in default of the agreement. Section 14. Hold Harmless Clause. Goodman Marketing agrees to hold harmless, indemnify and defend City, its officers and employees from any and all claims, loss, liability and damages arising from Goodman Marketing, its agents, employees, and officer's negligence arising during the hours of Goodman Marketing's use of the rented space and/or its use in any manner of the Falkirk Cultural Center. Section 15. Compliance With All Laws. Goodman Marketing shall be responsible to comply with all federal, state, and local laws and regulations. Section 16. Integration Clause. This written agreement constitutes the whole of the agreement between the City and Goodman Marketing. No oral representations or statement of any kind shall modify the terms of this agreement. And modification or revision of the terms of this agreement shall be in writing and signed by the parties. Section 17. Termination and Notice. This agreement may be terminated by the City or Goodman Marketing at any time upon thirty (30) days after mailing or service of a written notice. Any such notice shall be addressed to Goodman Marketing at 1408 Mission Street, San Rafael, CA 94901; and to CITY at P.O. Box 151560, San Rafael, CA 94915-1560 [a)ifV&SIMM:f .TASEV" Rod Gould, City Manager ATTEST: Jeanne M. Leoncini, City Clerk APPROVED AS TO FORM: Gary T. Ragghianti City Attorney Carolyn Goodman, President Jane Lange, Falkirk Director APPROVED AS TO CONTENT: Carlene McCart Community Services Director