The URL can be used to link to this page

Home My WebLink AboutCC Resolution 9319 (Falkirk Office Lease)RESOLUTION NO 9 319 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE LIVING HISTORY CENTRE FOR OFFICE AND STORAGE SPACE AT FALKIRK CULTURAL CENTER (4 MONTH LEASE - APRIL 1, 1995, AND TERMINATING JULY 30, 1995) WHEREAS, The City of San Rafael owns and operates Falkirk Cultural Center, a National Historic Place; and WHEREAS, It is the City's intention to provide space at Falkirk for appropriate Marin County arts and cultural organizations; and WHEREAS, The Living History Centre is a non-profit organization committed to the appreciation, preservation and understanding of history in Marin County wishing to lease office and storage space at Falkirk Cultural Center. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby authorizes the City Manager to execute a lease agreement with the Living History Centre for use of office and storage space at Falkirk Cultural Center. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a meeting of the City Council of said City held on Mondav the 20th day of March , 1995, by the following vote to wit: AYES: COUNCELMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCINI, City Clerk ORIGINAL u �'� LEASE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND THE LIVING HISTORY CENTRE FOR USE OF FALKIRK CULTURAL CENTER FOR ADMINISTRATIVE OFFICE SPACE AND STORAGE This AGREEMENT is made and entered into this 20th day of MARCH , 1995 by and between the CITY OF SAN RAFAEL (hereinafter referred to as CITY) and the LIVING HISTORY CENTRE RECITALS 1. The City of San Rafael owns and operates Falkirk Cultural Center, a National Historic Place, 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. Living History Centre is a non-profit organization committed to the appreciation, preservation and understanding of history in Marin County. 4. Both the City and Living History Centre believe that locating administrative offices of Living History Centre at Falkirk Cultural Center will be of mutual benefit. AGREEMENT Section 1. Description of Leased Space.City leases to Living History Centre certain space on the second and third floors of the building known as "Falkirk Cultural Center" located at 1408 Mission Street, San Rafael, California attached as EXHIBIT "A". Section 2. Use of Leased Space. Living History Centre shall use leased space for administrative offices and storage and for no other purpose. Section 3. Term of Lease. The term of this lease shall be for 4 months commencing April 1, 1995, and terminating July 30, 1995. Absent any written extensions, Living History Centre shall surrender the premises to City immediately on termination of the lease. Section 4. Rent. Living History Centre shall pay City $540 a month for die term of this lease Section 5. Restrictions on Use. Living History Centre shall not use nor permit others to use the leased space or Falkirk Cultural Center, or any part thereof, for any purposes other than those set forth herein. Living History Centre shall neither permit on its leased 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 Living History Centre vacates die premises, either by expiration of the term, termination of the lease, or abandonment, Living History Centre 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 Living History Centre, Living History Centre shall be responsible for all reasonable costs of storing such personal property. The personal property will only be released to Living History Centre upon payment of reasonable storage costs to City. Page 1 Section 7. Insurance. Living History Centre will provide a certificate of insurance to the City of San Rafael, naming the City, its officers and employees as an additional insured on Living History Centre 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. Living history Centre 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. Living History Centre is renting the leased space "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. Section 9. Keys and Alarms. a. Living History Centre will be assigned three (3) keys to the main portion of Falkirk Cultural Center, providing access to public areas and the front door during non -operational hours. This same key allows access to Living History Centre offices through the hallway entrance. 'Be cost of keys will be paid by Living History Centre. b. Fees charged by Warren Security for accidental alarms set-off by Living History Centre staff and visitors will be paid by Living History Centre. In addition, the City may assess Living History Centre a charge of $50.00 per occurrence for any accidental alarms set-off by Living History Centre's staff or visitors in excess of two per calendar year. Section 10. Arbitration. All claims or disputes between the City and Living History Centre 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 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. 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 lease shall terminate as of the date of the disaster. Living History Centre shall be liable for the costs of all damages caused by the negligence of Living History Centre, and there will be no abatement of rent or termination of this lease for these damages. Section 12. Assignment and Sublease. Living History Centre shall not assign any right or duties under this lease or 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 Living History Centre, by operation of law, without the written consent of City. Section 13. Breach or Default. If Living History Centre fails to perform or comply with any of the covenants or conditions of this lease and such failure continues for a period of ten (10) days after receipt of written notice thereof from City, Living History Centre shall be in breach of and shall be considered in default of the lease agreement. Page 2 Section 14. Hold Harmless Clause. Living History Centre agrees to hold harmless, indemnify and defend City, its officers and employees from any and all claims, loss, liability and damages arising from Living History Centre, its agents, employees, and officer's negligence arising during the hours of Living History Centre's use of the leased space and/or its use in any manner of the Falkirk Cultural Center. Section 15. Compliance With All Laws. Living History Centre shall be responsible to comply with all federal, state, and local laws and regulations. Section 16. Integration Clause. This written lease constitutes the whole of the agreement between the City and Living History Centre. No oral representations or statements of any kind shall modify the terms of this lease agreement. And modification or revision of the terms of this lease agreement shall be in writing and signed by the parties. Section 17. Termination and Notice. This agreement may be terminated by the City or Living History Centre at any time upon thirty (30) days after mailing or service of a written notice. Any such notice shall be addressed to Living History Centre at 1408 Mission Street, San Rafael, CA 94901; and to CITY at P.O. Box 151560, San Rafael, CA 94915-1560. CITY OF SAN RAFAEL Pamela Nicolai, eity Manager / ATTEST: JX_� ANNE M. LEON INI, City Clerk APPROVED AS TO FORM: GARY T. RAGGHIANTI City Attorney Trent j Living Director Centre APPROVED AS TO CONTENT: VAU HN STRA ORD Cult ral Affairs D' ctor CAROL ADNEY Cultural Affairs Supervisor Page 3