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Home My WebLink AboutCC Resolution 10410 (Marin Agricultural Land Trust Lease Agreement)RESOLUTION NO. 10410 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 is authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with The Marin Agricultural Land Trust for the use of Falkirk Cultural Center for Administrative and Program Space ( @ $425 per month, on a month-to-month basis ) 1, 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 Regular meeting of the City Council of said City held on Mondav the 17th day of May, 1999, by the following vote to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JW&E M. LEONItINI, City Clerk 0 RIGINAL AGREEMENT BETWEEN CITY OF SAN RAFAEL AND THE MARIN AGRICULTURAL LAND TRUST FOR USE OF FALKIRK CULTURAL CENTER FOR ADMINISTRATIVE OFFICE SPACE This AGREEMENT is made and entered into this 17thday of MAY , 1999 by and between the CITY OF SAN RAFAEL (hereinafter referred to as CITY) and the Marin Agricultural Land Trust (hereinafter referred to as MALT) RECITALS 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 non-profit community cultural and educational organizations. 3. MALT permanently preserves Marin County's agricultural land for agricultural use. 4. Both the CITY and MALT believe that locating an administrative office in East Marin at the Falkirk Cultural Center will be of mutual benefit. AGREEMENT Section 1. Description of Rented Space. City rents to MALT certain space on the second floor of the building known as "Falkirk Cultural Center" located at 1408 Mission Street, San Rafael, California attached as EXHIBIT "A". Section 2. Use of Rented Space. MALT shall use rented space described in Exhibit A for an administrative office. In addition, MALT will be permitted to use common areas on the first floor as follows: • Dining Room no more than once a month for a board meeting, if said meeting does not conflict with previously scheduled rentals or Falkirk events. • First Floor common areas no more than once a month for public programs, if said programs do not conflict with previously scheduled rentals or Falkirk events. In addition, during the term of this agreement MALT will be permitted to use the grounds of Falkirk for one outdoor event of up to 12 hours on any day other than Saturday, if said event does not conflict with previously scheduled rentals or Falkirk events. For all public programs and events MALT will be responsible for facility attendant fees, and any other costs arising as a result of the program or event, such as extraordinary cleaning costs of the house or grounds of Falkirk, police services etc. Section 3. Term of Agreement. The rental of space by MALT shall be on a month-to- month basis commencing May 17, 1999. This agreement may be terminated by either party by giving the other party thirty -day notice in writing as detailed in "Section 17" of this agreement. Section 4. Rent. MALT shall pay City $425 a month for the rental of space described in Exhibit A. Monthly rental amount includes MALT's share of PG&E utility costs, janitorial services, security alarm services, water charges, and shared use of a copy machine and a fax machine. Section 5. Restrictions on Use. MALT shall not use nor permit others to use the rented space or Falkirk Cultural Center, or any part thereof, for any purposes other than those set forth herein. MALT shall neither permit on its rented 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 MALT vacates the premises, either by expiration of the term, termination of the rent, or abandonment, MALT 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 MALT, MALT shall be responsible for all reasonable costs of storing such personal property. The personal property will only be released to MALT upon payment of reasonable storage costs to City. Section 7. Insurance. MALT will provide a certificate of insurance to the City of San Rafael naming the City, its officers and employees as an additional insured on MALT 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. MALT 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. MALT is renting the space described in Exhibit A "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. MALT 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 MALT offices through the hallway entrance. The cost of keys will be paid by MALT. b. Fees charged by Falkirk's security company for accidental alarms set off by MALT staff and visitors will be paid by MALT. In addition, the City may assess MALT a charge of $50.00 per occurrence for any accidental alarms set off by MALT's staff or visitors. Section 10. Arbitration. All claims or disputes between the City and MALT 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 Sate 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 agreement shall terminate as of the date of the disaster. MALT shall be liable for the costs of all damages caused by the negligence of MALT and there will be no abatement of rent or termination of this agreement for these damages. Section 12. Assignment and Sublease. MALT shall not assign any right or duties under this agreement or sublet the premises or any part thereof 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 agreement shall not be assignable, as to the interest of MALT by operation of law, without the written consent of City. Section 13. Breach or Default. If MALT fails to perform or comply with any of the covenants or conditions of this agreement and such failure continues for a period of ten (10) days after receipt of written notice thereof from City MALT shall be in breach of and shall be considered in default of the agreement. Section 14. Hold Harmless Clause. MALT agrees to hold harmless, indemnify and defend City, its officers and employees from any and all claims, loss, liability and damages arising from MALT, its agents, employees, and officer's negligence arising during the hours of MALT's use of the rented space and/or its use in any manner of the Falkirk Cultural Center. Section 15. Compliance With All Laws. MALT shall be responsible to comply with all federal, state, and local laws and regulations. Section 16. Integration Clause. This written agreement constitutes the whole of the agreement between the City and MALT. No oral representations or statement of any kind shall modify the terms of this agreement. And modification or revision of the terms of this agreement shall be in writing and signed by the parties. Section 17. Termination and Notice. This agreement may be terminated by the City or MALT at any time upon thirty (30) days after mailing or service of a written notice. Any such notice shall be addressed to MALT 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 — 6z(: S C-- - �-- � 1 -0 Rod Gould, City Manager ATTEST: Oe= M. Leon 'ni, City Clerk APPROVED A RM: Gary T. Ragii ti V City Attorney Robert Berner, Executive Director MALT �'� �' - Carol Adney, Falkirk Dir�r APPROVED AS TO CONTENT: Vaughn Stratford Cultufal Affairs Director o