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HomeMy WebLinkAboutResolution No. 4934 (Marin County Historical Society Rental Agreement)RESOLUTION NO. 4934 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a lease or agreement with County of Marin and Marin County Historical Society _ A copy of which is hereby attached and by this reference mane a part hereof. I, MARION A. GRADY, City Clerk of the City of San Rafael, here- by 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 3rd day of March 19 75 , by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None MARION A. GRADY - City Clerk ORIGINAL REN'T'AL AC., K L L M 1]N'1 THIS AGREEMENT made and entered into this day of c r/ , 1975, between the CITY OF SAN RAFAEL, a Municipal Corporation, hereinafter re- ferred to as "City", and the MARIN COUNTY HISTORICAL SOCIETY, hereinafter referred to as "Society"; WITNESSETH: City llLreby lets and Society hereby hires the premises commonly known as The Boyd House, located at Boyd Park, at Mission and "B" Streets, San Rafael, California. 'Till: tonancy shall be on a month-to-month basis in the amount of One Hundred Dollais ($1011.00) per month, payable on the 5th clay of each and every nuanth in odvcitwc:, cuniaiencinj on the Sth day of lvlarc•h, 1975. The amount of rent paid shall he ruvhewed annually by the C.:It%'- IT 15 FIJRT11ER AGREED: 1. yhe Society hereby rents the aj.)0ve-desc;iibec] l,rcrniscs fur the purpose of operati.rl;a a historical rl'iL1Seu111, tiwilicll shall l.lc kept opan to the I_nlhlic on the basis of five (5) clays per week, one (1) dLly of which :31ijill he un a weekend and may be. either a Saturclay or Sunday, and during these clays tilt' llll t: UMIll is open, it shall he olden o rniniriwm of fc)ur hours per day. C)ne roorrl of said Boyd clause shall I_;e available for use ley the public as a research room Burin=j the lilLlSCLUll h0Llrs only. The 17001-11 to br nhadc'J uvriilable shall be a,Jreed up(an iilutuully by th<<, parties. 3. Society shall maintain the plc'mises in good ordl:r and repair, reasonable wear and tear excepted. Society further agroes that it shall make no alterations to the premises without consulting with and receiving irl writing the consent of the City befuro any said repairs or alterations arc mado - 4. Soc=iety hereby exprussly waives the: provisions of the Civil C,ude, State c)f c..,tlli.forniu, requiring repairs to he nlado by landlord anti cJivinLI the tenants t11Er. ri�Jllt t.0 r:lal:c sud:,ll rel:)alrs at tho expense of suid lzll�llord. ;jSCLC;]C]:V 11erC..',I",V c3C];rlcn,vlC:cjges th�l; ti-, pci2rm.,e:, air in u1,,-Jd1 %jr.lc_il' aril] repair . u . Socieb shall J. -.'ay fol* 0110 -half of all. utili.tics is c_onnectic•n with rcntintl the above --described prelhii.SE;S arld ;V]JjCh ,ire ncc.e:,:�;1, , rind incidental to the operation of said museum and building. Society shall p,ly f(�r its own telephones ell lrcJes . The Society agrees to prly the City ,-annually $125.00 towards the cost of Fir(-: Insurance to he c,arrir:c] h f), thh C:;ity. Socic:t�r �:��ntril.lati ,n to )e mvicwecl darinu��ll�° . 7. The City shall not be lioblu ft _,c cic►y cl.u►►uyU ul injury to Society ur its po.rsunnel, or to any other person or persons ur to a►t; prulx_:rty r.)wned by Society occurring on the premises or any part thereof. So(,:ic:ty agrees to and does hold City harmless from any and all claims for damages whenever and however caused and shall keep in full force and effect liability insurance in the amount of $1,000,000.00 and property damage insurance in the amount of $25,000.00 evidenced by a Certificate of Insurance in which City shall be named as a co- insured. 8. city reserves the right to enter and inspect said premises at any and all reasonable times to ascertain the condition of said premises and to make any and all necessary repairs. City agrees not to allow entry or give keys to c1thol. than City personnel authorized by the City Manager. J. This agreement may be terminated by either party by givinii ninety (90) dayfi Written notico in writing to the c)tI1(--,r party. 1\11 notices dddressed IX) City si-lall be adcaressecl to the City Manager, (amity of San Rafael, 1400 fifth Avenue, flan f:afac�l, California 94901. Notices to the Marin County Historical Society shall 1)c sent to Marin c_,ounty I-Iistori.cal Society, 1.125 "S" Street, San Rafael, GalifOcnia 94901. 10. t Society shall fa)I to hay cent wlic-n due,, Lhis itJre�.mcnt shall at the option of (Jity be terminated and all 1 -Wilts of Society hereunder forfeiLe'd and if said premises are abandoned by Society, as prc)v.idecl by law, any property left on the premises shall be abandoned and may be disposed cif by C-ity subject to any provision of law of the State cif Cdlifornia that may exist at plat time. Any sums recovered in disposing of said property sllal.l J)e c:rodited to any Su111S ctt►c by Society to City. 11. Time, is of the essence of this Agreement and contains the full intent L) the parties . r,1'i ES F: t1 1210'J_A _GRADY,~C i t.y C1eJ'hr- - 2 - c..:I'1'Y OF SAN RAi'AIA, NIA`YOR CITY OF SAN hAI'AL'L � n C_;lty" MAF:I l•J i_:i_)1.1I■1T :�' 1 i i'rl'I't�Itl C�1h SO ('_-IL"I".i ►) .,c.ie L,/"