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HomeMy WebLinkAboutCC Resolution 8310 (Falkirk Cultural Center)RESOLUTION NO. 8 310 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The CITY MANAGER and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement BETWEEN THE CITY OF SAN RAFAEL AND MARIN POETRY CENTER FOR THE USE OF FALKIRK CULTURAL CENTER (.From 1/1 /91 and termi.nati ng on 12/31/91) a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a Regulaz meeting of the City Council of said City held on the seventeenth day of December, 1990 by the following vote to wit: AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan J]k ' M. LEON ,City Clerk 0,RIGIN A 11 #9310 LEASE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND MARIN POETRY CENTER FOR USE OF FALKIRK CULTURAL CENTER This AGREEMENT is made and entered into this 1st day of January, 1991 by and between the CITY OF SAN RAFAEL (hereinafter referred to as CITY) and MARIN POETRY CENTER (hereinafter referred to as MPC). RECITALS Whereas, 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; and Whereas, it is the City's intention to provide office space at Falkirk for appropriate Marin County arts and cultural organizations; and Whereas, Marin Poetry Center is an arts organization committed to the encouragement of poetry in Marin County; and Whereas, both the City and MPC believe that locating administrative offices of MPC at Falkirk Cultural Center will be of mutual benefit; and Now, therefore, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree as follows: AGREEMENT Section 1. Docrintion of Premises City leases to MPC and MPC leases from the City the premises located on the second floor of Falkirk located at 1408 Mission Street, San Rafael, California described in the diagram attached and incorporated by reference as Exhibit A. MPC Office area: The attached map designates the rental area: D and A. Area A will be storage for Falkirk and the Marin Poetry Center. MPC has access to area A which can be utilized as an entry/exit. The premises shall be used for the purpose of administrative offices and for no other purpose. Section 2. Term of Lease The lease shall last for one year, to commence on January 1, 1991, and terminate on December 31, 1991. Marin Poetry Center shall surrender the premises to City immediately on termination of the lease. Section 3. Rental Marin Poetry Center shall pay one hundred dollars per year ($100.00). MPC further agrees to provide programs and services enumerated in Exhibit B and attached and incorporated by reference herein. Section 4. Limitations on Use, MPC shall not use or permit the premises, or any part thereof, to be used for any purposes other than those set forth herein. MPC shall neither permit on the premises any act, sale, or storage that may be prohibited under standard forms of fire insurance policies, nor use the premises for any such purpose. MPC shall comply with all governmental regulations and statutes affecting the premises now or in the future and shall also comply with the rules and regulations attached to this lease and made a part hereof. Section 5. Personal Propertv Remaining on Premisel After MPC vacates the premises, either by expiration of the term, termination of the lease, or abandonment, MPC must remove all personal property immediately. After receipt of the written notice required by law from City concerning disposition of any personal property left on the premises by MPC, MPC shall be responsible for all reasonable costs of storing such personal property. The personal property will only be released to MPC upon payment of reasonable storage costs to City. Section 7. Insurance MPC will provide a certificate of insurance to the City of San Rafael, naming the City, its officers and employees as an additional insured on MPC current liability policy. The policy limits applicable to the City will be no less than $1,000,000 per person and $1,000,000 per occurrence for property damage. The certificate shall also provide that the insurer will not cancel the insurance without providing the City at least thirty (30) days advance written notice. Section 8. Akerations & Mo ifi ation: Repairs MPC is renting the building as is. Restoration and repairs will be at the will of the City staff, and based upon available funds. This building is under constant work, and allowances must be taken to permit the restoration of this 100 year old mansion. MPC shall cosponsor with City upon request any grants directed towards programming and restoration of the facility and grounds. Section 9. Use of Falkirk Cultural Center MPC shall use the premises for administrative purposes and for no other purposes without the City consent. In addition to office space leased to MPC, the City agrees to the following additional uses by MPC of Falkirk Cultural Center: a. two free evening meeting rooms per month scheduled in advance b. one weekend day and/or night every six months. c. one weeknight per month (for Board meetings) d. Fee -generating clients shall have first priority for rental space of a room over MPC for non-public event/ meetings. If any of the uses outlined in this section occur during the hours Falkirk is closed to the public, MPC will be responsible for opening and closing the facility for its own events or MPC shall hire and pay for the services of a facility attendant. However, the City reserves the right to hire a facility attendant at MPC's cost for any or all of the events outlined in this section. Additional advance scheduled space requests will be charged non-profit rental rates. Section 10. Kevs MPC will be assigned 1 key to the main portion of Falkirk house providing access to public areas and the front door during non -operational hours. This same key allows access to MPC offices through the hallway entrance. The cost of keys will be paid by MPC. MPC shall pay any fees charged the City by Warren Security for accidental alarms set-off by MPC staff and visitors. In addition, for any accidental alarms in excess of two per calendar year set-off by MPC staff or visitors, the City may assess MPC a charge of $50.00 per incident. Section 11. Arbitration City and MPC agree to submit any claims arising under this lease to binding arbitration pursuant to the current provisions of the California Civil Procedure and any successor statutes. Section 12. Destruction of Premisel In the event of a partial destruction of the premises during the term caused by natural disasters, the City shall have the option of refusing to repair or replace the premises, and the duty to pay rental under this lease shall terminate as of the date of the disaster. MPC shall be liable for the costs of all damages caused by the negligence of MPC, and there will be no abatement of rent or termination of this lease for these damages. Section 13. Assignment and Sublease. MPC shall not voluntarily assign any interest in this lease or the premises, nor shall MPC sublet the premises or any part thereto, nor allow any other person to occupy or use the premises without the prior written consent of the City. A consent to one assignment, sublease, or occupation or use by any other person shall not be a consent to any subsequent assignment, sublease, or occupation or use by another person. Any assignment or subletting without consent shall be void. This lease shall not be assignable, as to the interest of MPC, by operation of law, without the written consent of City. Section 14. Breach or Default MPC shall have breached this lease and shall be considered in default hereunder from City, if MPC fails to perform or comply with any of the covenants or conditions of this lease and such failure continues for a period of ten days after receipt of written notice thereof from City. ,m1 1 16, 1 1 *s-!1!.eMM MPC agrees to hold harmless, indemnify and defend City, its officers and employees from any and all claims, loss, liability and damages arising from MPC's, its agents, employees, and officer's use of the rental premises, provided, however, that MPC's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers or employees. CITY OF SAN RAFAEL: Mtanager Nicolai, Attest: eanne M. Leonc' i, City Clerk APPROVED AS TO FORM: Gary T. Ragghiand City Attorney Safdie, 'dent Poetry nter, oard of Directors Laurel Trivelpiece, Marin Poetry Center Board Treasurer FALIIMK CULTURAL CENTER AND MARIN POETRY CENTER HOUSE OPERATIONS 1. The City will provide with the rent: one parking space on the driveway during the weekdays; additional space in the adjacent Menzies parking lot; room rental/booking service for Falkirk facilities; literature distribution space in front office; front door reception during public hours; 2. Public hours are consistent, however may change at the will of the City. 3. When the City agrees to co-sponsor an activity, Marin Poetry Center will not be charged additional fees, and not accrue time limiting free use of Falkirk. 4. Should Marin Poetry Center require a Falkirk Facility Attendant, they will be charged direct costs of $12.00 per hour. 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. Marin Poetry Center will request permission to use any equipment belonging to the City from the Falkirk Director. City shall request permission to use any equipment belonging to Marin Poetry Center from the Board of Marin Poetry Center. 8. New signs both exterior and interior will be agreed by both parties and costs split to cover the construction, and installation of those signs. 9. MPC will clean and vacuum the kitchen and program areas following any events when food is served; leaving the areas utilized in clean condition for the next event. 10. All MPC public events held at Falkirk will be publicized as:"Co-Sponsored by Falkirk Cultural Center" in recognition of the ongoing exchange of rent for programming services. mpc.doc I Ljpu, zr m >< NJ Z -T- v r-7 W -n r— C:) cz) .;a 1. I Ljpu, zr / - ;Va&4 y 6W&Z P.O. Box 9091 San Rafael, CA 94912 (415) 454-7644 December 11, 1990 Ms. Carol Adney Falkirk Director Falkirk Cultural Center P.O. Box 151560 San Rafael, CA 94915 v EXHIBIT B: MARIN POETRY CENTER 1991 CALENDAR OF EVENTS (Tentative) (An addendum to the Lease Agreement between Marin Poetry Center and City of San Rafael) 1. Reading Series Once a month, on the 2nd Tuesday of each month, Marin Poetry Center will sponsor a poetry reading featuring published poets and authors from Marin County. Admission to the reading will be on a donation basis of $2.00, which will provide a fund for paying the readers a small stipend of $15 each. The readings will start at either 7:30 or 8:00 PM and run a maximum of two hours; Marin Poetry Center will handle all publicity, refreshments, etc., and a Facility Attendant should not be necessary. NO READINGS WILL BE HELD IN THE MONTHS OF JULY, AUGUST & SEPTEMBER The estimated attendance for these readings is 15 — 25 people per evening. 2. Open Readings/Marin Poetry Workshop Once a month, on the 4th Thursday of each month, Marin Poetry Center will sponsor a forum for writers to come read their work and receive feedback from the MPC Coordinatorand other participants. Admission is free; the hours will be from 7:00-9:00 PM. (This group can meet in the Reading Room upstairs if Falkirk has scheduled another event for that night.) Estimated attendance for this event is 5 —10 people per evening. If, as a result of increased publicity, a greater demand for this service arises, MPC may ask Falkirk Cultural Center for two Thursdays a month instead of one. 3. Special Events Twice a year, Marin Poetry Center will sponsor benefit readings and workshops featuring writers with more established reputations. The first such event this year will take place on Saturday, January 26, when Kathleen Fraser will teach a one -day workshop, from 10:00 AM -4:00 PM, and then give a reading of her own work that night at 8:00 PM. The workshop will be limited to 16 participants, each of whom will pay $30.00 to attend; the reading that night will be free for workshop participants, $3.00 for MPC members, and $5.00 for non-members. Estimated attendance at the reading will be 35 — 60 people. (A similar benefit event featuring Isabel Allende on November 2, 1990, attracted almost 120 people to Falkirk.) Another benefit reading, as yet unscheduled, will take place in Fall, 1991. 4. Board Meetings Once a month, on the 1st Monday of each month, Marin Poetry Center will hold its board meetings from 7:30-9:00 in the evening. Marin Poetry Center also agrees to maintain the Falkirk Reading Room, organizing the literary periodicals stored there and making sure the room is clean and accessible during public hours. MPC will also provide the Falkirk Director and Rental Coordinator a monthly schedule of these events. Joe Safdie Chairman, Marin Poetry Center