The URL can be used to link to this page

Home My WebLink AboutCC Resolution 13620 (Office Space Rental at Falkirk)gqg RESOLUTION NO. 13620 RESOLUTION ACCEPTING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A RENTAL AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MICHAEL STOCKER, DESIGN COMMUNICATIONS AND DAVID HASKELL ASSOCIATES, FOR USE OF OFFICE SPACE IN THE FALKIRK CULTURAL CENTER WHEREAS, the City has a three room suite for rent on the second floor of the Falkirk Cultural Center; and WHEREAS, Michael Stocker, Design Communications and David Haskell Associates ("Renters") require office space for operations; and WHEREAS, the City will receive a monthly payment of $920 from the Renters for use of the space; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS: To authorize the City Manager on behalf of the City of San Rafael, to execute a rental Agreement Between the City of San Rafael and Michael Stocker, Design Communications and David Haskell and Associates for use of office space in the Falkirk Cultural Center, a copy of which is hereby attached and by this reference made a part hereof. I, ESTER C. BEIRNE, 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 seventh day of October, 2013 by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5. ESTHER C. BEIRNE, CITY CLERK THE OCEAN FOUNDATION MEMORANDUM OF UNDERSTANDING and AGREEMENT Between THE OCEAN FOUNDATION, DAVID HASKELL, and KIKI LaPORTA d.b.a. DESIGN COMMUNICATIONS This Memorandum of Understanding and Agreement ("Agreement') is entered into between The Ocean Foundation ("TOF"), David Haskell ("DH"), and Kiki LaPorta d.b.a. Design Communications ("Design") (Collectively "the Parties" or "co -tenants") for the purpose of describing their individual responsibilities with respect to the terms and obligations of that certain Lease Agreement (hereinafter "Lease Agreement"), dated November, 2013 between the Parties (as co -tenants) and the City of San Rafael ("Landlord's for the use of office space in the Falkirk Cultural Center ("Premises"). It is expressly understood that TOF, DH and Design are jointly and severally liable to Landlord for all obligations and responsibilities of the Lease Agreement. This Agreement sets forth the understandings between the Parties as to specific details related to fulfilling their obligations under the Lease Agreement. Accordingly, the Parties agree as follows: 1. Rent, Fees. Adiustments. Taxes a. The monthly rental payments for the first year due to Landlord shall be split between the Parties as follows: I. TOF shall pay $540 per month; IL DH shall pay $190 per month; and W. Design shall pay $190 per month. The annual adjustment of 2.5% per year shall be split equally between the co -tenants. b. In the event that the Lease Agreement is amended and another tenant is added for this space, the respective rental obligations of the Parties shall be reapportioned fairly to account for such additional tenants use of the office area and common spaces. c. TOF agrees to remit payment of the full rental obligation to Landlord of US nine hundred and twenty dollars ($920.00) on behalf of the Parties each month by the I e day of the month for the month for which a rental payment is due. DH and Design both agree to pay their respective shares of the rent to TOF no later than the 22nd day of the month preceding the month for which a rental payment from the Parties is due. d. Any fees required to be paid to Landlord in accordance with Section 3(B), related to use of the Center facilities not included in the Premises, shall be paid directly by the Party engaging in such use. e. In the event that TOF is required to pay Landlord for any taxes or assessments related to the Premises in accordance with Section 6 of the Lease Agreement, DH and Design both agree to reimburse TOF for their fair share of one-third each of such tax or assessment, payable immediately upon receipt of notice from TOF that such payment to Landlord is required. f. In the event that TOF is required to pay Landlord for any repairs to the Premises in accordance with Section 7 of the Lease Agreement DH and Design both agree to reimburse TOF for their fair share of one-third each of such cost of repairs, payable immediately upon receipt of notice from TOF that such payment to Landlord is required. 2. First Month's Rent and Security Deposit TOF, DH and Design agree that together they shall pay an equivalent of one month's rent as their share of the security deposit owed to Landlord. TOF shall remit payment of the entire security deposit to Landlord on behalf of the Parties, together with the first month's rent DH and Design both agree to remit payment of their equivalent share of the security deposit together with their shares of the first month's rent, to TOF no later than 15 days following the execution of this Agreement. 3. Allocation of Space DH and Design shall have exclusive use of the western -most office space as agreed between the Parties. TOF shall have exclusive use of the remaining office space in the Premises as agreed between the Parties. Each of the Parties shall share non-exclusive use of the kitchenette, two bathrooms, and the common access area. 4. Internet and Wireless Services All internet and wireless services procured to serve the rental space will be jointly shared and each Party shall pay an equal share of the cost of such services. Accordingly, each Party agrees to pay one third of the cost of Internet and wireless services. In the event that any other tenants are added to occupy the back offices, the cost of these services will be reapportioned. IQ S. Cleaninq Each Party shall be responsible for the cleaning and maintenance of its respective designated office space. Cleaning and maintenance of the kitchenette, bathrooms and common access area shall be the joint responsibility of all tenants. 6. Events in the Rental Space In the event that a Party to this Agreement desires to hold a public event, such Party must give written notice to both of the other Parties at least one month in advance of such event. The timing of any public event must be coordinated with each of the other tenants. Any Fees owed to Landlord in connection with such event are the sole responsibility of the Party holding the event. 7. Tenn The term of this Agreement shall coincide directly with the term of the Lease Agreement, except that any accrued financial obligations due to TOF as described herein shall survive the expiration of the term. 8. Default on Pavments to TOF a. In the event that either DH or Design fails to make any payment to TOF as required in Sections 1 or 2 hereof, TOF, in its sole discretion, may elect to make its payment to Landlord on behalf of such defaulting co -tenant in accordance with Section 1(c) and/or (d). If such defaulting co -tenant fails to cure its default within 30 days, or fails to remit payment to TOF for a second month, such defaulting co -tenant shall be considered in breach of this Agreement AND of the Lease Agreement, and TOF shall stop remitting payment to Landlord on such co -tenant's behalf. b. DH and Design each expressly agree that in the event that either of them defaults on a payment to TOF that is required pursuant to Sections 1 and/or 2 hereof, TOF has the right to utilize any legal means available to collect such defaulted payment. c. Any defaulting co -tenant as described in this section agrees to indemnify, hold harmless, and defend the other co -tenants, their officers, directors, agents and employees against any and all costs, expenses, claims or liabilities (including attomey's fees and other costs of defending any action or proceeding) incurred as a result of the default. 9. Insurance Requirements Each Party is required to acquire and maintain its own liability insurance in accordance with the terms of Section 11 the Lease Agreement. Each Party is similarly required to acquire and maintain its own contents insurance adequate to cover its office equipment, furnishings, and supplies, and sufficient to cover its share of the contents of the common areas. 10. Amendments All signatories to this Agreement must agree to any proposed amendments to this Agreement. No amendment shall be effective until it is set forth in a written document that is signed by each of the Parties. 11. Termination of Lease Any Party may terminate this Agreement so long as such party has terminated the Lease Agreement in full compliance with the requirements of termination as set forth in the Lease Agreement. 12. It is exDressiv understood that nothing in this Aareement shall be interoreted to relieve anv Partv from its ioint and several liability to Landlord for the rewonsibilities and obligations set forth in the, Lease Aweement. 13. Notice Notices under this Agreement shall be provided by facsimile, overnight mail, or may be scanned and sent by electronic mail to the designated representatives. For the purposes of this Agreement, the following individuals shall represent the Parties hereto. For The Ocean Foundation Mark J Spalding, President The Ocean Foundation 1990 M Street, NW Suite 250 Washington, DC 20036 202-887-8992 (phone) 202-887-8987 (fax) mspjqlding@oceanfdn.org W4 Michael Stocker Ocean Conservation Research (a Project of TOF) P.O. Box 559 Lagunitas, CA 94938 415-488-0553 (phone) mstocker@msa-,desigR.q9m For David Haskell David Haskell 25 Glen Dr Fairfax, CA 94930 Ph. (415) 342-8123 david@gardenkids.net For Design Communications For Design Communications Kiki KikPladboft M6*06dgwMainatiarisations 25 Glen Dr. Fairfax CA 94930 Ph. (415) 461-6677 Kiki LaPorta kiki@descomstudios.com [address] [THIS SPACE INTENTIONALLY LEFT BLANK] 4 IN WITNESS WHEREOF, the parties hereto acknowledge their agreement with the terms and conditions set forth herein, effective upon execution. THE OCEAN FOUNDATION By: / ' J Mark J. , Pr 'dE Date: I i• �` r .. 1� KIKI PORTA, d.b.a. DESIGN COMMUNICATIONS x By: Date: Kiki LaPorta S