HomeMy WebLinkAboutCC Resolution 11067 (Marin History Museum Lease Agr.)RESOLUTION NO. 11067
A RESOLUTION AUTHORIZING THE SIGNING OF A
LEASE AGREEMENT WITH THE MARIN HISTORY MUSEUM
FOR BOYD GATEHOUSE AND A PORTION OF ADJACENT LAND
C] IN BOYD PARK UPON WHICH THE MUSEUM SHALL CONSTRUC
A NEW MUSEUM BUILDING
WHEREAS, the Marin History Museum (formerly the Marin County Historical
Society, and referred to as "MUSEUM" herein) has provided historical resources for the
benefit of the citizens of San Rafael and Marin County; and
WHEREAS, over the past several years, MUSEUM has developed a
comprehensive development plan to create a new museum building so as to expand the
services and resources MUSEUM provides to the citizenry of Marin County; and
WHEREAS, over the past several years, the City of San Rafael ("CITY" herein)
has negotiated with MUSEUM for the lease of additional land in Boyd Park adjacent to
the Boyd Gatehouse, upon which MUSEUM intends to construct the new museum
building, storage area and parking garage; and
WHEREAS, the City Council specifically finds that the lease of the Boyd
Gatehouse and a portion of land adjacent thereto in Boyd Park for the purpose of
construction of a new museum building would be in the best interest of the public and
would benefit the public health and welfare; and
WHEREAS, by separate Resolution, the City Council has determined that this
project as mitigated will have no significant effect on the envirom-nent and has approved
a mitigated negative declaration in regard to the project:
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY RESOLVE AS FOLLOWS:
1. All of the above facts are true and correct.
2. The City Council approves the lease to the MUSEUM of the Boyd Gatehouse
and an adjacent portion of land in Boyd Park for the construction of a new
museum building, storage area and parking garage, for a term not to exceed 55
years.
3. The MAYOR is authorized to execute on behalf of the City of San Rafael said
lease agreement with the Marin History Museum for the construction of a
Museum in Boyd Park in a form to be approved by the City Attorney.
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 Monday, the 15th of April, 2002 by the following
vote, to wit:
AYES: COUNCILMEMBERS; Cohen, Hel I er, Mi 11 er, Phi 111 ps & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE M. LEONCINI, City Clerk
I all
LEASE AGREEMENT
a -
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91 IN # k a I I
TABLE OF CONTENTS
l.
DEMISE ............................................................................................................................... l
2.
PREMISES .......................................................................................................................... I
2l Description ofPremises .............................................................................................. l
2.2. Condition of Premises .................................................................................................. I
2.3. Museum's Right to Enter & Inspect . . ' . ' . . . . . . . . .. . . ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' '' '. 2
3.
TERM ..................................................................................................................................
3.l. Tenn ............................................................................................................................ 2
3.2. Termination ofBoyd Gate House Lease ..................................................................... 2
4`
RENT ................................................................................................................................... 2
4.l. Rent ............................................................................................................................. 2
4.2. Additional Rent —.--.-------.-----______._.._________2
5.
CONSTRUCTION OFMUSEUM BUILDING i.—.--.------..—.......---.2
5.I. Construction of Museum ...--....—.........—........----.---2
5.2. Construction of Tennis Conurt............ .......'...... .... .'.... ...........'.... '........_ 2
5.3. City's Responsibilities .----.---..----.'—'--'—'—'—''—'—''—'''—'3
5.4. All Work on Written Contract . --.-----..---...--.--.—.._...___.. 3
5.5. Compliance With Laws .---.—....----____.______...__...____..3
5.6. Ownership of -------.----------.—...--.—.---.4
6.
USE OF PREMISES ............................................................................................................ 4
6.1. Museum's Use of Prezoises....................'............'...'.............................,4
6.2. Limitations mmUse .--------.--.—.--.------.---.----.--..-4
8.3. Utilities ..... —.--........ .......... —.... .--..—..... —_... ......... _._._.... _... _... .5
7.
--'---------.—________.._.._...____...___.5
7ICity's .............................................'......'.......'........._5
bilities
7.2. Museum's' ...............................'............................_5
8.
ALTERATIONS AND --------____—__.._________.5
g.
LIENS .................................................................................................. 6
l[i
INDEMNITY AND ; INSURANCE .........................................6
10. 1. Exculpation ofthe City ............................................................................................. 6
IO.2.Indemnity -------------------------------------''6
10.3. Liability, Property Damage ' ----------.7
and ProfessionalLiability .
10.4. The Museum's Fire Insurance ................................................................................... 7
10.5. Insurance on Building -----.-------___._--_________.7
I0.6. Other InsuranceRequirements -----------------...--------.7
II.
------_--____________________________..8
IL}. Destruction Due to Risk Covered by Insurance ........................................................ 8
11.2. Destruction Due 1VRisk Not Covered byInsurance ................................................. 8
11.3. The Museum's Restoration ofthe Premises.:............................................................ @
I1.4. Loss During Last Part of Temmz --------------------------.. 9
11.5. Waiver of Civil Code Sectionns. ---------------___________..g
12.
AS ------------------____________________.9
13.
DEFAULT
9
...........................................................................................................................
l].LThe Museum's Default ............................................................................................. g
13.2.Notice ofthe Museum Default ................................................................................
IO
13.3. The City's Remedies ...............................................................................................
IO
13.4. The City's Default ..................................................................................................
lI
14,
THE CITY'S ENTRY ONPREMISES .............................................................................
lX
15.
NOTICE .............................................................................................................................
l2
18.
--..----.---.--------------..----------.—I2
17.
'FEES.........................................................................................................
I2
18.
SURRENDER OF PREMISES; HOLDING OVER .........................................................
I3
l8.I.Surrender of Premises .............................................................................................
I3
18.2. Holding Over .........................................................................................................
I3
19'
MISCELLANEOUS PROVISIONS ---------------------------.I3
%9{l. General Conditions .................................................................................................
I3
I9-2. Interpretation of Lease ............................................................................................
I4
19.3. Taxes ..........................................................................................
I3
19.4i Compliance with all Laws .................'..................'.......................—l4
20.
PROCEDURE FOR DISPUTES . —..--..--..-------------------.—.l4
20. 1. Mediation .....................................................................................
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This Lease is made as of April 15, 2002, by and between the City of San Rafael, a
California municipal corporation duly chartered under the laws of the state of California ("City"
and "Lessor"), and the Marin History Museum, a California non-profit corporation (the
"Museum" and "Lessee").
RECITALS
A. The City owns the real property commonly referred to as Boyd Memorial Park,
City of San Rafael, Marin County, California (the "Park"). The Park consists of approximately
11 acres and is a portion of Assessor's Parcel No. 011-131-03 .
B. The Museum leases and operates the portion of the Park known as Boyd Gate
House pursuant to an existing month-to-month lease (the "Boyd Gate House Lease") with the
City.
C. The parties intend that, under this lease, the Museum continue to lease Boyd Gate
House from the City and also lease an additional portion of the Park for the construction and
operation of a new museum building and related plazas, landscaped areas, parking area and
tennis structure (together, the "Museum Building"), all on the terms set out in this Lease. The
tennis court itself is not part of the leased Premises.
D. The parties intend that the current Boyd Gate House Lease terminate on the date
this Lease becomes effective.
I SO
For valuable consideration, the City leases the Premises (hereafter defined) to the
Museum and the Museum leases the Premises from the City on the terms, covenants and
conditions set out in this Lease.
2.1. Description of Premises. The Premises shall consist of Boyd Gate House and
the portion of the Park immediately west of Boyd Gate House and along Mission Avenue upon
which the Museum Building is to be built. The Premises are more particularly described in
Exhibit "A", and are more specifically shown on the map in Exhibit "B"; both exhibits are
attached and incorporated herein.
2.2. Condition of Premises. The Museum shall take possession of the Premises,
including Boyd Gate House, on an "AS -IS" basis without warranty of any type, subject,
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however, to the obligations of the City described in Section 5.3 and maintenance obligations of
the City described in Section 7.1.
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2.3. Museum's Right to Enter & Inspect. Lessor makes no covenants, warranties,
promises or representations of any kind regarding the condition of the soil, subsoil, Boyd Gate
House,, or any other structure and/or condition of the leased Premises. Museum may enter onto
the leased Premises before commencement of the term to make any inquiries Museum considers
necessary. During the first ninety (90) days of the Term, Museum may perform whatever tests
and investigations it deems appropriate. Based upon Museum's disapproval of the results of any
test, and, upon Museum's written notice to City within the first one hundred twenty (120) days of
the Term, Museum may terminate the Lease and have no further liability. All such tests shall 1)
be approved by City prior to performance, and 2) be made at Museum's sole cost and expense.
All reports of such tests shall be copied and provided to City prior to commencement of the term.
Lessee shall defend, indemnify and hold harmless City, its officials, agents, employees and
volunteers from and against any and all liability, loss, damage, expense and costs (including
without limitation costs and fees of litigation and claims administration) of every nature arising
out of or in connection with Lessee or Lessee's agent's entering, inspecting and testing of
Premises, except such loss or damage caused by the sole negligence or willful misconduct of the
city.
3. TERM,
3.1. Term. The term of the Lease ("Term") shall be for fifty-five (55) years. The
Term shall commence on the date written in the first line of this Lease (the "Commencement
Date") and shall expire at midnight on the fifty-fifth (55th) anniversary of the Commencement
Date.
3.2. Termination of Bovd Gate House Lease. The Boyd Gate House Lease shall
automatically terminate and be of no further force or effect as of the Commencement Date of this
Lease.
3.3. In the event that a major repair to the Boyd Gatehouse becomes necessary due to
seismic retrofit or ADA regulations, either party reserves the right, upon a determination that the
cost of such repair work would be prohibitive, to unilaterally terminate the Lease or to negotiate
a modification of the Lease.
4. RENT*
4.1. Rent. The Museum shall pay the City the sum of $1.00 per year as rent.
4.2. Additional Rent. The term "rent" also shall include any and all other sums,
however designated, required to be paid by the Museum hereunder, whether payable to the City
or to third parties.
5.1. Construction of Museum Building. The Museum shall cause the Museum
Building to be constructed in accordance with the plans and specifications previously approved
by the City. The construction shall be at the Museum's sole cost and expense, except with
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respect to items for which the City is responsible as more particularly described in Section 5.2
herein below.
5.2. Construction of Tennis Court. The Museum shall construct a regulation size
(60' x 120') tennis court above the parking and storage areas, as will be depicted in the plans and
specifications to be submitted to City and approved by it prior to construction. The construction
shall be at the Museum's sole cost and expense. The tennis court shall 1) be equipped with
features standard to regulation tennis courts, 2) be treated along the perimeter with at least 10'
black vinyl -clad fencing, 3) be lighted for night use, and 4) be landscaped. All plans and
specifications shall be approved by the City prior to construction. Museum shall complete
construction no later than two (2) years from issuance of "Museum Building" building permits.
5.3. Citv's Responsibilities. The City shall waive the cost of some City permit fees
required in connection with the construction of the Museum Building. Specifically, City shall :
a. Waive the cost of the fees for zone change, General Plan Amendment,
Environmental and Design permit.
bo Waive up to a maximum $5,000.00 of the total fee for building permits.
Museum shall be responsible for all other fees, including, but not limited to the fee for
processing the Negative Declaration.
5.4. All Work on Written Contract. All work required in the construction of the
Museum Building, including any site preparation work as well as the actual construction work on
the Museum Building, shall be performed only by competent and experienced contractors
licensed under the laws of the State of California performed pursuant to written contracts with
those contractors. The contractor and all subcontractors shall be required to carry public liability
and property damage insurance, standard fire and extended coverage insurance, with vandalism
and malicious mischief endorsements, and workers' compensation insurance during the period of
construction. Such insurance shall contain waiver of subrogation clauses in favor of the City and
the Museum. The City, its officers, employees and volunteers shall be named as additional
insureds on such insurance and such policies shall contain cross -liability endorsements. All
contracts for the construction of the Museum Building and the Tennis Court shall be subject to
the prior written approval of the City's Public Works Department and Chief Building Official,
which shall not be unreasonably withheld or delayed. If the City fails to approve or disapprove
any such contract within seven (7) working days of the date it is submitted, the contract shall be
deemed approved.
5.5. Compliance With Laws. Museum shall be responsible to ensure that the
Museum Building and Tennis Court be constructed, and all work on the Premises be performed,
in accordance with all valid laws, ordinances, regulations and orders of all federal, state, county
or local government agencies or entities having jurisdiction over the Premises; provided,
however, that any structure or other improvements erected on the Premises, including the
Museum Building, shall be presumed to have been constructed in full compliance with all such
valid laws, ordinances, regulations and orders when a valid final "Certificate of Occupancy"
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entitling the Museum to occupy and use the structure or other improvements has been duly
issued. All work performed on the Premises pursuant to this Lease or authorized by this Lease
shall be done in good workmanlike manner and only with materials of good quality and high
standard.
5.6. Ownership of Improvements. With the exception of the Tennis Court, title to
all improvements constructed by the Museum shall be owned by the Museum until expiration of
the Term or earlier termination of this Lease. All improvements, including the Museum
Building, on the Premises at the expiration of the Term or earlier termination of this Lease shall,
without compensation to the Museum, then automatically and without any act of the Museum or
any third party become the property of the City. The Museum agrees to execute, acknowledge
and deliver to the City any instrument reasonably requested by the City as necessary in the City's
opinion to perfect the City's right, title and interest to the improvements and the Premises, at
such time and in such form as the City may request and the City Attorney shall approve.
6. USE OF PREMISES.
6.1. Museum's Use of Premises.
a. Primary Purpose.- The Museum shall use the Boyd Gate House and the
Museum Building for the following primary purposes:
1)
To display artifacts relating to the history of all peoples in Marin
County.
2)
To conduct research, relating to the history of all peoples in Marin
County.
3)
To conduct educational programs and events relating to the history
of all people in Marin County.
4)
To operate administrative offices.
5)
To operate the parking structure solely for Museum's primary and
ancillary purposes.
b. Ancillary Purpose: Additionally, Museum may use Premises for the
following ancillary -purposes:
1) To rent all or part of Premises on a per them basis for events
conducted by other organizations and individuals.
2) To operate the related gift shop and food/beverage service.
3) To conduct events to promote and raise funds for Museum.
6.2. Limitations on Use.
a. Museum's use of Premises shall at all times during the term of this Lease
strictly conform to the "Operating Conditions", a copy of which is attached hereto and
incorporated herein as Exhibit "C". Failure of Museum to adhere to the requirements of the
"Operating Conditions" mentioned shall constitute a material breach of the provisions of this
Lease entitling City to terminate the Lease in its sole discretion. From time to time the City may
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-modify "Operating Conditions." Such modifications shall be made by Resolution of the City
Council upon 30 days notice to, and following consultation with, Museum.
b. The rooftop courtyard area of the Museum Building shall be generally
open for public use during the same hours as the Park, but the Museum shall have the right to
otherwise control the use of that area and to exclude the general public from that area during
special events and during the hours the Park is closed, in accordance with the "Operating
Conditions."
C. The Museum shall, at the Museum's sole cost and expense, promptly
comply with all federal, state and local laws, statutes, ordinances, regulations, guidelines and
requirements now in force or hereafter enacted and with the requirements of any governmental
authority having jurisdiction over the Premises, board of fire underwriters, utility companies
serving the Premises, and other similar bodies now or hereafter constituted concerning the
Premises or the Museum's use of the Premises, including, without limitation, the obligation, at
Museum's sole cost and expense, to alter, maintain, or restore the Premises in compliance and
conformity with all laws relating to the condition, use, or occupancy of the Premises during the
term, except with respect to conditions which fall within the maintenance obligations of the City
under Section 7.1.
d. Museum shall not use Premises for any purpose, other than as set forth in
this paragraph, nor in any manner that will constitute waste, nuisance, or unreasonable
annoyance to owners or occupants of adjacent properties.
6.3 Utilities. The Museum shall make all arrangements for and shall pay for all
utilities and services furnished to the Premises or used by the Museum, including, without
limitation, gas,, electricity, water, telephone service and garbage collection, and for all connection
charges. City shall permit Museum continued use of the current onsite automatic irrigation
system. Museum shall be responsible for design, installation, operation and maintenance of any
extension or modification to this system.
7. MAINTENANCE.
7.1. City's Responsibilities. The City, at its sole cost and expense, shall maintain and
repair only the surface of the tennis court, light and fixtures, nets and fencing for damage
resulting from normal wear and tear. City shall not be responsible for the maintenance of the
roof of the Museum Building, underlying the tennis court and constituting the roof of the
Museum Building on top of which Museum shall construct City's Tennis Court. In addition, the
City, at its sole cost and expense, shall be responsible for any fire sprinkler installations and any
earthquake retrofitting or reinforcement required by State law with respect to Boyd Gate House.
7.2. Museum's Responsibilities. The Museum, at its sole cost and expense, shall
maintain, repair, replace, restore and renew at all times during the Tenn, the Premises and every
part thereof, in good condition throughout the term of this Lease except for conditions arising out
of the default or negligence of the City, and conditions subject to the City's maintenance
obligations provisions of Civil Code
ions described in Paragraph 7.1. The Museum waives the prov's' I
§§ 1941 and 1942 and/or any and all other statutes or laws now in existence or hereafter enacted
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with respect to the Museum's right to make repairs.
The Museum shall not make any alteration, renovation, change in or addition to the
structures on the Premises without the prior written consent of the City, but the Museum may
make non-structural alterations without the City's consent. Non-structural alterations are those
which do not affect the square footage, dimension, height, or building components. Examples of
non-structural alterations could be platforms, moveable walls, structures supporting exhibit
materials or artifacts, suspended signage, and lighting equipment. The Museum shall obtain all
necessary permits from the City prior to engaging in any such work. The Museum shall give the
City notice of the commencement date of any construction, alteration or repair on the Premises at
least three (3) days prior to the commencement of such work.
9. LIENS.
The Museum shall keep the Premises and its constituent parts free and clear of all liens
resulting from or arising out of work performed, materials furnished, or obligations incurred by
or on behalf of or for the benefit of the Museum. The Museum shall indemnify, protect, defend
and hold the City harmless from and against any and all claims and/or liabilities arising from any
such liens. The Museum shall immediately notify the City of the filing of any such lien. The
Museum shall have the right to contest the correctness or the validity of any such lien if, within
ten (l 0) days following the filing, of a claim of lien, the Museum procures and records a lien
release bond issued by a corporation authorized to issue surety bonds in California in an amount
equal to one and one-half times the amount of the claim of such lien. Such bond shall meet the
requirements of Civil Code §3143 and shall provide for the payment of any sum that the claimant
may recover on the claim (together with costs of suit, if it recovers in the action). If within ten
(10) days following the filing or recordation of such claim or lien, the Museum does not cause
such lien to be released or procure and record such lien release bond, the City shall have, in
addition to all other remedies provided in this Lease and by law, the right to cause the same to be
released by such means as the City deems proper, including payment of the claim which gives
rise to such lien. All sums paid by the City and all expenses incurred by it in connection with the
release of any such liens, including attorneys' fees, shall be payable by the Museum to the City
on demand.
10. INDEMNITY AND EXCULPATION; INSURANCE,
10.1. Exculpation 'of the City. The City shall not be liable to the Museum for any
damage to the Museum or the Museum's property (including the Museum's interest in the
Premises), and the Museum waives any and all claims against the City for damage to person or
property arising for any reason, except that the City shall be liable to the Museum for damage to
the Museum to the extent such damage is the result of the sole negligence or wrongful acts or
omissions of the City or its authorized representatives.
10.2. Indemnity. Except for the tennis court, the Museum shall indemnify, protect,
defend and hold the City harmless from any and all damages, claims and liabilities of every kind
on
which arise out of or are a result of any damage to any person or property occurring on the
Premises or which in any way arise or result from the Museum's use or occupancy of the
Premises. The City shall indemnify, protect, defend and hold Museum harmless from any and all
damages, claims or liabilities of every kind which arise out of or are a result of the use of the
tennis court.
10.3. Public Liability, Property Damage and Professional Liability Insurance. The
Museum shall, at its sole cost and expense, during the entire term of the Lease, maintain public
liability and property damage insurance with limits of liability of not less than One Million
Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000) annual aggregate,
insuring against all liability of the Museum and its authorized representatives arising out of or in
connection with the Museum's use or occupancy of the Premises. The City, its officers,
employees, and volunteers shall be named as additional insureds, and the policy shall -contain
cross -liability endorsements. Not more frequently than each five (5) years, if, in the reasonable
opinion of the City, the amount of public liability and property damage insurance coverage at the
time is not adequate, the Museum shall increase the insurance coverage as reasonably required
by the City.
10.4. The Museum's Fire Insurance for Personal Property. The Museum shall, at
its sole cost and expense, maintain on all the personal property located within the Premises, a
policy of standard fire and extended coverage insurance, with vandalism and malicious mischief
endorsements,, to the extent of at least 100% of their actual cash value. The proceeds from any
such policy shall be used by the Museum for the replacement of said personal property or for the
restoration of the Museum's improvements or alterations. The insurance requirements under this
Section are not intended to apply to property in the Museum's historical collection.
10.5. Insurance on Buildings. During the Lease Term, Museum shall, at its sole cost
and expense, maintain property and liability insurance on Museum Building and on Boyd
Gatehouse. During the Lease term, City shall, at its sole cost and expense, maintain property and
liability insurance on the tennis court.
Museum understands and acknowledges that City is self-insured, and participates
with other public entities in a risk -sharing pool, (California Joint Powers Risk Management
Authority) for excess liability and for property damage. Such coverage is provided to City under
a Memorandum of Coverage; such coverage is not insurance. Upon Museum's occupancy of
Building, City shall request from CJPRMA a Certificate of Additional Covered Party. When
issued,, said Certificate shall satisfy any and all of City's insurance requirements under this
Lease.
10.6. Other, Insurance Requirements. All the insurance required under this Lease
shall:
a. Be issued by insurance companies authorized to do business in the State of
California, with a financial rating of at least A + 3A status as rated in the most recent edition of
Best's Insurance Reports.
b. Be issued as a primary policy.
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C. Contain an endorsement requiring at least thirty (30) days' written notice
from the insurance company to both parties before cancellation or change in the coverage, scope,
or amount of any policy.
Each policy, or a certificate of the policy, together with evidence of payment of
premiums, shall be deposited with the other party within thirty (30) days of the Commencement
Date of this Lease, and again not less than thirty (30) days before expiration of the term of the
policy.
11. DESTRUCTION.
11.1. Destruction Due to Risk Covered by Insurance. If, during the term, the
Premises are totally or partially destroyed or damaged from a risk which has been insured
against, rendering the Premises totally or partially inaccessible or unusable, the Museum shall be
entitled to receive the proceeds of the insurance and shall, with due diligence, restore the
Premises to substantially the same condition as immediately before such destruction.
11.2. Destruction Due to Risk Not Covered by Insurance. If, during the term, the
Premises are totally or partially destroyed or damaged from a risk not insured against rendering
the Premises totally or partially inaccessible or unusable, the Museum may elect to terminate this
Lease by giving notice to the City within thirty (30) days after determining the restoration costs
and replacement value. If the Museum does not so elect to terminate the Lease, the Museum
shall, at its sole cost and expense (except as otherwise provided herein) and with due diligence,
restore the Premises to substantially the same condition as they were in immediately before such
destruction. Such destruction shall not terminate this Lease.
11.3. The Museum's Restoration of the Premises. If the Premises are destroyed or
damaged during the Lease Term and the Museum is required to restore the Premises, the
restoration shall be accomplished as follows:
a. The Museum shall complete the restoration within one hundred eighty
(180) working days after final plans, specifications and working drawings have been approved
by the City and all other appropriate government body(ies), all permits required to commence
construction of the restoration have been obtained and all construction contracts have been
awarded (subject to a reasonable extension for delays resulting from causes beyond the
Museum's reasonable control).
b. The Museum shall restore the Premises in accordance with the same
procedures and requirements outlined in Section 5 of this Agreement.
C. The Museum shall notify the City of the commencement date of
construction related to the restoration not later than ten (10) days before commencement of such
work.
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d. The Museum shall accomplish the restoration in a manner that will cause
the least inconvenience, annoyance, and disruption at the Premises and to adjacent property
owners and users.
11.4. Loss Durinv! Last Part of Term. If destruction or damage in an amount greater
than ten percent (10%) of the total value of the Premises occurs during the last year of the Lease
Tenn, whether or not the loss is covered by insurance, the Museum shall have the option to
terminate this Lease by giving notice to the City not more than thirty (3 0) days after the event
which causes such destruction or damage, in which event the City shall be entitled to receive any
insurance proceeds payable with respect to the damage or destruction.
11.5. Waiver of Civil Code Sections. The Museum waives the provisions of Civil
Code §1932(2) and Civil Code §1933(4) and any successor statutes with respect to any
destruction of the Premises.
12. ASSIGNMENT.
12.1. Prohibition At! ' ainst Voluntary Assignment, Subletting, and Encumbering.
The Museum shall not voluntarily assign or encumber its interest in this Lease or in the
Premises, or sublease all or any part of the Premises, without first obtaining the City's written
consent. The City's consent to any proposed assignment or subletting shall not be unreasonably
withheld so long as the assignment or subletting is to another non-profit entity which intends to
operate the Premises for an appropriate cultural or community activity. Any assignment,
encumbrance or sublease without the City's consent shall be void, and shall constitute a default.
No consent to any assignment, encumbrance or sublease shall constitute consent to a subsequent
assigm-nent, encumbrance or sublease. Nothing in this section shall prohibit, or require the City's
consent for, the Museum's use of Premises pursuant to Sections 6.1 and 6.2 of this Lease.
13. DEFAULT.
13.1. The Museum's Default. The occurrence of any of the following shall constitute
a default by the Museum:
a. Failure to pay any amount under this Lease when due, if such failure
continues for thirty (30) days.
b. Failure to perform any other provision of this Lease if such failure to
perform is not cured within thirty (30) days after notice of such failure has been given by the
City to the Museum. If the default is curable, but cannot reasonably be cured within thirty (30)
days, the Museum shall not be in default of this Lease if the Museum commences to cure the
default within the thirty (30) -day period and diligently and in good faith continues to pursue the
cure of such default.
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C. An assignment encumbrance or sublease without obtaining the City's
written consent pursuant to Section 12.1.
Conditions".
d. Failure of Museum or its per them renters, to comply with the "Operating
e. Abandonment or surrender of Premises by Museum.
f, Any attachment., execution, levy or seizure under legal process, of
Museum's interest in Premises.
9. Appointment of a receiver to take possession of Museum's interest in
Premises, for any reason.
h. Filing of a petition in bankruptcy by or against Museum.
i. Failure to complete construction or reconstruction within the time limits
specified in the lease.
j . Any other event designated by this Lease as an event of default.
13.2. Notice of the Museum Default. Notices of default given under this section shall
specify the alleged default and the applicable lease provisions and shall demand that the Museum
perform the provisions of this Lease , within thirty (30) days, or quit the Premises. No such
notice shall be deemed a forfeiture or a termination of this Lease unless the City so elects in the
notice. The purpose of the notice requirements set forth in this section is to extend the notice
requirements of the unlawful detainer statutes of California. Such notices are the only notices
required to be given by the City to the Museum in the event of a default and are not in addition to
any statutory notices required under the unlawful detainer statutes of California.
13.3. The Citv's Remedies.
a. Nature of Remedies. The City shall have the following remedies if the
Museum commits a default. These remedies are not exclusive; they are cumulative and in
addition to any other remedies now or later allowed by this Lease or by law.
b. Termination of the Museum's Right to Possession.. The City may
tem-iinate the Museum's right to possession of the Premises at any time if the Museum fails to
cure a default within thirty (3 0} days.. No act by the City other than giving specific written
notice to the Museum of the City's intent to terminate the Museum's right to possession of the
Premises shall be necessary to terminate this Lease. Acts of maintenance to protect the City's
interest under this Lease shall not constitute a termination of the Museum's right to possession of
the Premises.
In
C. The City's RiLyht to Cure the Museum's Default. The City, at any time
after the Museum commits a default may, but need not, cure the default at the Museum's cost. If
the City at any time, by reason of the Museum's default, pays any sum or does any act that
requires the payment of any sum, the sum paid by the City shall be due immediately from the
Museum to the City at the time the sum is paid, and if paid at a later date shall bear interest at the
maximum rate an individual is permitted by law to charge from the date the sum is paid by the
City until the City is reimbursed by the Museum.
13.4. The City's Default. The City shall be in default of this Lease if it fails or refuses
to perform any provision of this Lease that it is obligated to perform and if the failure to perform
is not cured within thirty (30) days after written notice of the alleged default and applicable
provision of the Lease has been given by the Museum to the City. If the default cannot
reasonably be cured within thirty (30) days, the City shall not be in default of this Lease if the
City commences to cure the default within the thirty (30) -day period and diligently and in good
faith continues to pursue the cure of such default. The Museum, at any time after this thirty (30) -
day cure period has elapsed, may cure the default at the City's cost. If the Museum at any time,
by reason of the City's default, pays any sum or does any act that requires the payment of any
sum, the sum paid by the Museum shall be due immediately from the City to the Museum at the
time the sum is paid, and if paid at a later date shall bear interest at the maximum rate an
individual is permitted by law to charge from the date the sum is paid by the Museum until the
Museum is reimbursed by the City.
The City, its officers, employees, agents & volunteers shall have the right to enter the
Premises at all reasonable times and on reasonable notice for any of the following purposes:
14.1. To determine whether the Premises are in good condition and whether the
Museum is complying with its obligations under this Lease, including but not limited to, the
"Operating Conditions."
14.2. To perform any necessary construction or maintenance and to make any
restoration to the Premises that the City has the right or obligation to perform.
14.3. To serve, post, or keep posted any notices required or allowed under the
provisions of this Lease or required by law.
The City shall conduct its activities on the Premises as allowed in this section in a manner
that will cause the least possible inconvenience, annoyance, or disturbance to the Museum. The
City shall not be liable in any manner for any inconvenience, disturbance, loss of business,
nuisance, or other damage arising out of entry on the Premises as provided in this section, except
to the extent of damages directly resulting from the sole negligence or willful misconduct of the
City or its authorized representatives.
11
15. NOTICE,
15.1. All notices and other communications required to or permitted under this
Agreement shall be in writing and shall be conclusively deemed to have been duly given (1)
when hand delivered to the other party; or (2) three (3) business days after the same has been
deposited in a United States post office with first class or certified mail return receipt requested
postage prepaid and addressed to the parties as set forth below.
The City: City of San Rafael
Attention: City Clerk
1400 Fifth Avenue
San Rafael, California 94901
with cc to: City of San Rafael
Office of the City Attorney
1400 Fifth Avenue
San Rafael, CA 94901
City of San Rafael
Community Services Department
618 "B" Street
San Rafael, CA 94901
The Museum: Marin History Museum
Attention: Executive Director
1125 B Street
San Rafael, California 94901
15.2. Each party shall make an ordinary, good faith effort to ensure that it will accept or
receive notices that are given in accordance with this paragraph, and that any person to be given
notice actually receives such notice. A party may change or supplement the addresses given
above by giving the other party written notice of the new address in the manner set forth above.
16. NONWAIVER.
No delay or omission in the exercise of any right or remedy of either party shall impair
such a right or remedy or be construed as a waiver. Any waiver by either party of any default
must be in writing and shall not be a waiver of any other default concerning the same or any
other provision of the Lease.
If either party commences an action or suit against the other party arising out of or in
connection with this Lease, the prevailing party shall be entitled to have and recover from the
losing party reasonable attorneys' fees and costs of suit.
12
18. SURRENDER OF PREMISES; HOLDING OVER.
18.1. Surrender of Premises. On expiration of the term, or on termination of the term
as provided in the Lease, the Museum shall surrender to the City the Premises and all the
Museum's improvements thereon in good condition, except for ordinary wear and tear and except
for alterations that the Museum has the right to remove. The Museum shall remove all its
personal property within thirty (30) days following expiration or termination of the Lease. The
Museum shall perform all restoration to the Premises made necessary by the removal of any
alterations or the Museum's personal property within the time periods stated in this section. The
City may elect to retain, or dispose of in any manner, any alterations or the Museum's personal
property that the Museum does not remove from the Premises prior to expiration or termination
of the term as allowed or required by this Lease by giving at least ten (10) days' notice to the
Museum. Title to any such alterations or the Museum's personal property that the City elects to
retain or dispose of on expiration of the ten (10) -day period shall vest in the City. The Museum
waives all claims against the City for any damage to the Museum resulting from the City's
retention or disposition of any such alterations or the Museum's personal property. The Museum
shall be liable to the City for the City's costs for storing, removing, and disposing of any
alterations or the Museum's personal property. If the Museum fails to surrender the Premises to
the City on expiration of the term as required by this section, the Museum shall defend,
indemnify, protect and hold the City harmless from all damages, claims or liabilities resulting
from the Museum's failure to surrender the Premises,, including, without limitation, claims made
by a succeeding tenant resulting from the Museum's failure to surrender the Premises.
18.2. Holdint! Over. If the Museum, with the City's prior consent, remains in
possession of the Premises after expiration or termination of the term, or after the date in any
notice given by the City to the Museum terminating this Lease, such possession by the Museum
shall be deemed to be a month-to-month tenancy terminable on thirty (30) days' notice given at
any time by either party. All provisions of this Lease shall apply to the month-to-month tenancy.
19. MISCELLANEOUS PROVISIONS,
19.1. General Conditions.
a. Time of Essence. Time is of the essence of each provision of this Lease.
b. Consent of Parties.. Whenever consent or approval of either party is
required and no standard for that approval is specified herein, that party shall not unreasonably
withhold or delay such consent or approval.
C. Successors. This Lease shall be binding on and inure to the benefit of the
zn
parties and their successors and assigns.
C. Non -Discrimination. Museum shall not discriminate, in any way, against
any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in
connection with or related to the performance of its duties and obligations under this Lease.
IN
19.2. Interpretation of Lease.
a. California Law; Venue. This Lease shall be construed and interpreted in
accordance with the laws of the State of California. Any and all actions to enforce this agreement
shall be conducted in the County of Marin, California.
b. InteLyrated Agreement; Modification. This Lease contains all the
agreements of the parties and cannot be amended or modified except by a written agreement
signed by the parties.
C. Captions; Table of Contents. The captions and the table of contents of
this Lease shall have no effect on its interpretation.
d. SinLyular and Plural. When required by the context of this Lease, the
singular shall include the plural.
e. Severability. The unenforceability, invalidity, or illegality of any
provision of this Lease shall not render the other provisions unenforceable, invalid, or illegal.
19.3. Taxes. Museum is advised that this Lease may create a possessory interest, or
some other interest subject to taxation or assessment. Museum understands, acknowledges and
agrees that it is solely responsible for payment of any and all applicable taxes.
19.4. Compliance with all Laws. Museum shall observe and comply with all
applicable federal, state and local laws, ordinances, codes and regulations, in the performance of
its duties and obligations under this Agreement. Museum shall perform all services under this
Lease in accordance with these laws, ordinances, codes and regulations.
O1 "It, I
T4
20.1. Mediation. Any dispute between the parties relating to the interpretation of the
Lease and/or enforcement of their rights and obligations under this Lease shall be referred to
mediation within thirty (3 0) days written notice of one party to the other. Mediation shall be
conducted by a mediator mutually agreed upon by the parties. If the parties cannot agree within
ten (10) calendar days of receipt of the Notice to Mediate, the presiding judge of the Marin
Superior Court shall appoint a mediator. The mediation shall be conducted within ninety (90)
days of appointment of the mediator. Costs of mediation shall be divided equally between the
two parties.
20.2. Judicial Action. Should mediation not resolve the dispute between the parties,
either party may pursue judicial remedies in the appropriate court. The prevailing party in any
judicial action shall recover their reasonable attorneys fees.
14
Initials: The City The Museum
IN WITNESS WHEREOF, this Lease is hereby executed as of the date first above
written.
City of San Rafael,
a California municipal corporation
By: Al
ALB)IRT Jr. R
Title: '' Mayor
ATTEST:
JdANNE M. LEON tINI.,City �Clerk
APP Wf 9 FORM:
attorney
[R
Marin History Museum,
a California non-profit corporation
By:
RIrr4JARD P. MURRAY
6 �
Title:
LEGAL DESCRIPTION
Real property situate in the City of San Rafael, County of Marin, State of California,
described as follows,:
Beginning at the Northwest comer of Hanson Street (now Mission Street) and B Street as
said streets are shown on the plat of the Townsite of the Town of San Rafael, filed in the
office of the County Recorder Of Marin County on the 14' day of October K.D. 1873:
thence along the Westerly line of said B Street, north 7* 13' East, 918 feet to the
Northerly line of Sixth Street (now Mission Street);- thence along the prolongation of said
Westerly line of B Street, north 7" 13' East, 23.201 feet; thence North 83* 03' West,
164.945 feet; thence North 60 57' East, 26.00 feet; thence North 83* 03' West, 84.00 feet
to a point on the Westerly line of the lands conveyed to the City of San Rafael by John F.
Boyd et ux, by deed dated May 1, 1905, and recorded in Volume 92 of Deeds, Page 369,
Marin County Records; thence along said Westerly line, south 6" 57' West, 143-00 feet to
the Northerly line of said Hanson Street (now Mission Street); thence along the said
Northerly line of Hanson Street {novo Mission Street), South 83" 03' East, 248.4 feet to
the point of beginning.
Containing 31, 278.7 square feet.
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EXHIBIT 11-Bil
(7,
1. Purpose.
Operating Conditions
Exhibit "C"
CITY and MUSEUM intend these Operating Conditions ("CONDITIONS" herein) to
detail the manner in which MUSEUM shall conduct its use of the PREMISES.
MUSEUM understands and agrees to use PREMISES in strict compliance with
CONDITIONS, and that CITY may, at its sole discretion and with reasonable notice to
MUSEUM, revise or amend CONDITIONS.
2. Hours of Operation.
MUSEUM agrees that it shall use PREMISES according to the following schedule:
Monday through Thursday ............. 8: 00am-4: OOpm; 6: OOpm- 10: OOpm
Friday ............................. 8: 00am-4: OOpm; 6: OOpm- 11: 00pni
Saturday ........................... 8:00am- I 1:00pm
Sunday/Holidays .................... 8:00am-10:00pm
MUSEUM also agrees that "Events" shall only be permitted according to the following
schedule:
Monday through Thursday ............. 6: OOpm -10: OOpm
Friday ............................. 6: OOpm- 11: OOpm
Saturday ........................... 10: 00am- 11: OOpm
Sundays and Holidays ................ 10:00am-10:00pm
3. Events: Definition/SchedulinLy.
A. Definition of Event: "Event" shall mean a single activity or gathering, sponsored
by MUSEUM or its per them tenant, on the PREMISES, which is expected to
attract one hundred (100) or more participants. No more than one Event shall take
place at one time on PREMISES. Only one Event per weekend (Friday, Saturday
and Sunday) shall be permitted on PREMISES. MUSEUM or its per them
tenants, shall not conduct Events on successive days. Events shall occur on the
PREMISES and shall not expand into Boyd Park.
B. Calendar/Priorities: CITY shall maintain a master events calendar for Boyd Park
and for PREMISES. Annual events established by either CITY or MUSEUM
shall have first priority. MUSEUM shall normally be accorded the highest
priority or first rights for use of PREMISES.
C. Scheduling: Prior to scheduling an Event, MUSEUM shall contact CITY to
determine whether any activity or gathering is scheduled for the same date in
neighboring CITY facilities. If not, CITY shall add MUSEUM's Event to the
master calendar. CITY shall coordinate with MUSEUM when scheduling an
activity or gathering at Boyd Park of more than 100 participants. CITY has the
right to approve or deny any reservations for the use of Boyd Park.
4. Events Database.
MUSEUM shall create and maintain an Event database that records all Event dates,
hours, number of attendees, parking requirements and type of event. MUSEUM shall
provide CITY access to said database and CITY shall review database at least once a
year. CITY reserves the right, at its sole discretion, to revise or amend CONDITIONS
as a result.
5. Parkin.
A. Securing Parking Spaces: MUSEUM shall secure parking agreements, in writing,
with neighboring properties in order to provide parking for Events.
B. Limitation of Events: MUSEUM shall limit attendance at Events by 1)estimating
the number of people who will attend the Event, and 2)estimating the number of
automobiles and other vehicles that will arrive at PREMISES with attendees for
the Event or for normal museum activities. -
C. Formula for Limitation of Events: For the purposes of estimating parking
demands, the assumption of two people per vehicle shall be used. The estimated
number of vehicles shall be compared to the number of parking spaces available
to MUSEUM under the terms of their parking agreements. For each Event being
scheduled,, MUSEUM shall reschedule or otherwise disallow the Event if the
anticipated total number of parking spaces for the proposed Event and the non -nal
museum activities scheduled during the same period, will exceed the number of
spaces available to MUSEUM. In no case shall MUSEUM allow or schedule an
Event on a date or at a time that would result in the number of vehicles anticipated
exceeding its available on-site or off site parking, including off-site lots with
shuttle transit.
D. Parking Monitors: At its sole cost and expense, MUSEUM shall provide parking
monitors for events to direct and assist attendees to MUSEUM's parking lots and
areas covered by parking agreements. The type of Event shall determine staffed
parking management time. An Event with a single start time may require
monitors only at the beginning, while an Event with attendees cycling in and out
over a longer period of time may require parking monitors for the duration of the
Event.
2
C7,
E. Parking Signage: MUSEUM shall post temporary signs clearly designating, and
directing attendees to, MUSEUM's parking lot locations. MUSEUM shall
provide location of off-site lots in all Event literature.
F. Bus Parking: Bus parking shall be permitted only on the B Street frontage of
PREMISES. Only one bus at a time shall be allowed to park at the B Street
frontage. Buses shall not exceed 30 ft. in length.
6. Noise.
MUSEUM shall strictly conform any Event noise, including but not limited to all indoor
or outdoor amplified music, to the CITY's Noise Ordinance, as amended from time to
time. If an Event will include any form of amplified music, MUSEUM shall notify
CITY in advance of Event. CITY shall have the right to review and approve or
disapprove any Event's amplified music intended to occur on the exterior of
PREMISES. MUSEUM shall notify attendees or per them tenants of the noise
limitations.
7. Li2htinLy.
MUSEUM shall shield from the direct view of nearby residences, any and all outdoor
lighting used for Events. Lighting shall be for safety and security only. Ambient lighting
for outdoor events shall be permitted only for the date of the event. Lighting for
promotional or entertainment purposes shall not be allowed.
8. Alcoholic BeveraLyes,
If alcoholic beverages are sold or furnished on PREMISES in connection with an Event,
a per them rental or for any other activity permitted under this Lease, MUSEUM shall
comply, or shall ensure that its per them tenant complies, with all applicable federal, state
and local laws and regulations, including but not limited to Alcoholic Beverage Control
Board (ABC) permits and regulations and CITY's park rules and regulations. If sold or
furnished outdoors on the PREMISES, MUSEUM shall separate the area where
alcoholic beverages are sold or furnished from other areas of PREMISES, in
conformance with ABC requirements.
9. On -Site Monitors; Insurance for Per Diem Rentals.
MUSEUM shall provide responsible personnel on site for any Event on PREMISES
including but not limited to any per them rental of PREMISES. MUSEUM shall require
%.W
that all per them tenants obtain event/liability insurance of one million dollars
($1,000,000.00) per Event and that said insurance name CITY and MUSEUM as
additional insureds.
K
10. Trash.
MUSEUM shall remove or shall require its per diem tenant to remove, all recyclables,
trash, garbage and other debris from PREMISES at the conclusion of all Events.
11. Food Vendors.
MUSEUM may permit food vendors to operate on PREMISES. MUSEUM shall
require all food vendors to comply, and all food vendors shall comply, with all federal,
state and local laws and regulations, including but not limited to all County Health
regulations and CITY's business license ordinance. MUSEUM shall require vendors to
remove all trash from and clean all paved surfaces of PREMISES at the end of each day.
MUSEUM shall require vendors to comply with the operating hours of PREMISES as
stated in section 2, above. The location, size, number and sales volume of food vendors
shall not increase the traffic to and from PREMISES, exceed MUSEUM's available
parking or impact MUSEUM's operations on PREMISES.
12. City Tennis Court.
MUSEUM understands, acknowledges and agrees that CITY's tennis court shall be open
and available to the general public from dawn until 10:00 p.m. seven days a week, every
day of the year. Court lights shall be available for activation from dusk until 10:00 p.m.
daily. MUSEUM further agrees not to interfere with the public's use of Tennis Court.
13. Retail Space on Premises.
MUSEUM's ancillary retail use on PREMISES shall not exceed 600 square feet.
Operators of retail space, whether MUSEUM or other, shall obtain and maintain a CITY
business license and any other permits or licenses required by any governmental agency.
MUSEUM shall comply with all federal, state and local laws, rules and regulations
regarding the retail operations.
14. SiLynaLye.
In connection with MUSEUM's permanent signage on PREMISES, MUSEUM shall
comply with CITY's Sign Ordinance and with any master sign program reviewed,
approved and permitted by CITY. With appropriate permits, MUSEUM shall be
allowed to erect monument signs at the comer of Mission and B Streets, on B Street and
on the Museum building. Changeable signage shall not be permitted, except on Mission
Avenue, no closer than three car lengths from the B Street intersection.
M
15. Utilities.
A. Water: Subject to review and approval, CITY shall provide to MUSEUM, at no
cost, available water from the spring on site, for exterior landscape irrigation of
PREMISES. Subject to its approval, Marin Municipal Water District shall
provide PREMISES with potable water and MUSEUM shall be solely
responsible for all costs related to said water.
B. Irrijzation System-, Installation, operation, maintance and repair of the landscape
irrigation system on PREMISES shall be the sole responsibility of MUSEUM.
C. All Other Utilities: MUSEUM shall be solely responsible for all utilities
provided to PREMISES, including but not limited to gas, electricity, garbage
removal, telephone, cable, computer data access and/or any other utility.
16. Effective Date of Lease Operating Conditions.
These CONDITIONS shall only take effect if and when MUSEUM obtains from CITY,
all necessary land use entitlements required in connection with its contemplated use of
PREMISES under the Lease with CITY, including, but not limited to, General Plan
Amendment,, Zone Change, ED Permit and Sign Program approval.
k'
�o� CERTIFICATE.. OF LIABILITY INSURE^ .SIC �o sL �ATE�MMIODMf)
Is -1 09/19/01
aooucR THIS CERTIFICATE IS ISSUES AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
:into & Wilkie Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
O Box 150990 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
an Rafael CA 94915-0990
'hone: 415-453-0610 Pax:415-485-0528
MSURED
INSURER A:
INSURER B:
INSURERS AFFORDING COVERAGE
Travelers Property Casualty
Marin n
Hn story Museum INSURER C:
11 B Street INSURER D:
San Rafael CA 94901
I INSURER E:
r
;OVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ISR TYPE OF INSURANCE POLICY NUMBER P6LI+���t Zt Fi CfiV 'POLICY IRATiON
TR DATE (MWDDIYY) DATE (MIWDDIYY) LIMBS
GENERAL LIABILITY
h X COMMERCIAL GENERAL LIABILITY
I CLAIMS MADE O OCCUR
GERL AGGREGATE LIMIT APPLIES PER:
POLICY II PEC F�Loc
AUTONOZILE U AMLITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
OCCUR FICLAIMS MADE
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
OTHER
660347X3515
10/21/01 10/21/02
EACH OCCURRENCE S
FIRE DAMAGE (Any one fire) S
MED EXP (Any orfs persm) S
PERSONAL & ADV INJURY =
GENERAL. AGGREGATE S
PRODUCTS - COMPIOP AGG S
COMBINED SINGLE LIMIT $
(Ea scck1w t)
BODILY INJURY =
(Per person)
BODILY INJURY S
(Per accident)
PROPERTY DAMAGE S
(Per accidw t)
I
AUTO ONLY - EA ACCIDENT S
OTHER THAN EA ACC S
AUTO ONLY: AGG $
EACH OCCURRENCE $
AGGREGATE S
S
3
S
IiLIITTS IUIM-
TORYER
E.L. EACH ACCIDENT s
E.L. DISEASE - EA EMPLOYEE S
E.L. DISEASE - POLICY LIMIT S
A Commercial Applica. 660347X3515 10/21/01 10/21/02
A Property Section 660347X3515 10/21/01 10/21/02
DESCRIPTION OF OPERAT10NSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
The City of San Rafael, its elective and appointive Boards, Commissioners
and its Officers, Agents and Employees are named as Additional Insureds as
per attached CG2010 endorsement.
CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER:
V ya��
CITY SR1
City of San Rafael
1400 5th Avenue
San Rafael CA 94901
ACORD 25-S (7/97)
1,000,000
100,000
5,000
100009000
2,000,000
2,000,000
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL.
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES,
ter■ r wrrrirr r r ■ i
r
(DACORD CORPORATION 1988
POLICY NUMBER 660347X3515
Marin History Museum
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED w OWNERS, LESSEES OR
CONTRACTORS (FORM 13)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: City of San Rafael
1400 5" Ave.
San Rafael, CA 94901
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.) I
WHO IS AN INSURED (SECTION 11) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured.
CG 20 10 10 93 Copyright, Insurance Services Office, Inc., 1992