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HomeMy WebLinkAboutCC Resolution 9537 (Falkirk Greenhouse Lease Agr)RESOLUTION NO. 9537 A RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH THE GREEN MAN FOR THE USE OF FALKIRK CULTURAL CENTER GREENHOUSE THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: ACTING The/CITY MANAGER and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a lease agreement with THE GREEN MAN FOR THE USE OF FALKIRK CULTURAL CENTER GREENHOUSE: term of the lease shall be on a month to month basis to commence on January 16, 1996, and terminable upon 30 days advance written notice. A copy of which is hereby attached 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 Regular meeting of the City Council of said City held on the 16th day of January, 1996 by the - following vote to wit: AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro JEA M. LEOrlCity Clerk GRIGI�R,l95�� LEASE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND JIM NORMANDI, AN INDIVIDUAL, dba THE GREEN MAN, FOR USE OF FALKIRK CULTURAL CENTER'S GREENHOUSE This Agreement is made and entered into this 16th day of January, 1996 by and between the CITY OF SAN RAFAEL (hereinafter referred to as "CITY") and JIM NORMANDI, an individual, doing business as THE GREEN MAN (hereinafter referred to as "LESSEE"). RECITALS 1. The CITY owns and operates Falkirk Cultural Center, a National Historic Place. The property consists of the Falkirk Mansion, surrounding gardens, and several smaller outbuildings situated on 11 acres, including a viable greenhouse structure (the "Greenhouse"). 2. The CITY desires the Greenhouse to be active and functional for its intended purpose, thereby protecting it from deterio- ration and risk of damage by vandals. 3. LESSEE is an organic landscape care professional, with expertise in the operation of greenhouses. 4. CITY and LESSEE desire to enter into a Lease Agreement pursuant to which LESSEE would operate the Greenhouse as an active and functional greenhouse. AGREEMENT Section 1. Description of Leased Space. A. CITY leases to LESSEE the Greenhouse structure northwest of the mansion on the Falkirk Cultural Center property, located at 1408 Mission Avenue, San Rafael, more specifi- cally described on Exhibit A attached hereto. B. CITY also leases to LESSEE a space in the parking area east of the Greenhouse for a temporary growing area. This space, designated as "Site for Temporary Greenhouse" on attached Exhibit A, is 48 feet long and 20 feet wide, with a total area of 960 square feet. C. CITY also leases to LESSEE one parking space, as desig- nated on attached Exhibit A, provided that the location of such parking space may be modified by CITY upon reasonable advance notice to LESSEE. 1 Section 2. Use of Leased Space. A. LESSEE may use the Greenhouse structure for wholesale nursery purposes, teaching, the growing of plants for retail sales as provided in (C) below, and for no other purposes. B. LESSEE may use the temporary growing area for wholesale nursery purposes, teaching, the growing of plants for retail sales as provided in (C) below, and for no other purposes. To enclose this temporary growing area, LESSEE may construct a temporary fence comprised of wood posts secured in 15 gallon moveable containers filled with concrete, with wire deer fencing connected to and removable from the posts. Said temporary fence shall have no foundation other than the aforementioned contain- ers, and shall not exceed a total height of 8 feet from the parking lot surface to the top of the fence. Any such enclosure shall become the property of CITY, or at the CITY' s option shall be removed by LESSEE at LESSEE I s cost and expense upon termination of this Agreement, as provided in Section 11(b). C. LESSEE may conduct retail sales in the back driveway area described on Exhibit "A" attached hereto, subject to the following conditions: (1) Retail sales shall be restricted to plants grown in the Greenhouse and temporary growing area described in subsections A and B above. Sales of any other nursery materials, such as bark, fertilizer, insecticides, pots, hoses, building materials, or of any other articles or products are prohibited. (2) Retail sales shall be limited to the months of March through October, on Friday's, Saturday's, Sunday's and Monday's, from 10:00 a.m. to 5:00 p.m. D. LESSEE'S wholesale and retail business operations on the leased premises shall be limited at any given time to two individuals, consisting of LESSEE and one other employee of LESSEE. E. The application of pesticides, herbicides, and fertil- izers necessary for the ongoing operation and maintenance of the Greenhouse and temporary growing area are permit- ted, provided that only those materials approved by the County Agricultural Commissioner may be used, materials banned by the state or county may not be used. Storage of such pesticides and fertilizers on the leased premises is not permitted, except that fish fertilizer may be stored in reasonable amounts in the Greenhouse structure. E F. LESSEE shall use the assigned parking space only for the purpose of parking a vehicle used by LESSEE in connection with the Greenhouse operations. Section 3. Term of Lease. This lease shall be on a month-to-month basis, commencing as of the date hereinabove written, terminable upon thirty (30) days advance written notice by either party to the other, and terminable as provided in Section 19 hereafter. LESSEE shall surrender the premises to CITY immediately on termination of this Agreement, in as good condition as of the date of the Agreement, excluding reasonable wear and tear, and maintenance and repairs required to be done by CITY as provided in Section il(c). Section 4. Rent. A. LESSEE shall pay a monthly rent for the term of this Agreement a minimum rent of $100.00, plus a percentage rent equal to two percent (2%) of gross sales in excess of $5,000 in any month. Gross sales shall mean the total selling price of all merchandise or services sold or rendered in, on, or from the leased premises by LESSEE, whether for cash or for credit, and if on credit, whether or not paid, less deductions for credits or refunds on returned or exchanged merchandise, and sales and excise taxes otherwise includable in the total selling price. The rent shall be due and payable at the office of the Director of Falkirk Cultural Center, as follows: (a) minimum rent is due and payable by the 1st day of each month, and (b) percentage rent is due no later than fifteen (15) days after the end of each calendar month. B. LESSEE shall submit to CITY a statement of gross sales received from business operated on the leased premises, detailing the gross sales for the preceding month, within fifteen (15) days after the end of each calendar month. CITY shall be entitled to audit LESSEE'S books, records and accounts upon ten (10) days written notice to LESSEE, at which time LESSEE shall deliver and make available to CITY such books, records and accounts. Section 5. Securitv Deposit. Prior to entry upon the premises, LESSEE shall deposit with CITY the sum of $250, which shall secure LESSEE's performance of its obligations hereunder. CITY may, but shall not be obligated, to apply all or portions of said deposit on account of LESSEE's obligations hereunder. Any balance of the deposit remaining upon termination of this Agreement shall be returned to LESSEE within 60 days following termination of this Agreement. LESSEE shall not have the right to apply the 3 deposit in payment of the rent due hereunder. Section 6. Utilities. A. Water and electricity for lighting, but not for heat, are available within the Greenhouse. LESSEE shall pay the monthly utility costs incurred at the Greenhouse, as reflected on the monthly utility bills tendered by Pacific Gas & Electric Company and Marin Municipal Water District to the CITY. The electricity and water utility bills will be based upon metered use at the Greenhouse, as billed to the CITY. CITY will tender the utility bills to LESSEE upon receipt from the utility, and LESSEE shall tender payment of the amount due to CITY no later than the payment due date. B. LESSEE shall arrange for, and be responsible for payment of, garbage disposal related to its use of the leased premises. Section 7. Restrictions on Use. LESSEE shall not use or permit others to use the leased premises, or any part thereof, for any purposes other than those set forth herein. LESSEE shall not permit on the leased 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. At no time shall LESSEE permit there to be more than five people in the glass roofed central portion of the Greenhouse, and no classes shall be conducted by LESSEE in such portion of the Greenhouse. Section S. Personal Property Remaining on Premises. After LESSEE vacates the premises, either by expiration of the term, termination of the lease, or abandonment, LESSEE 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 LESSEE, LESSEE shall be responsible for all reasonable costs of storing such personal property. The personal property will only be released to LESSEE upon payment of reasonable storage costs to CITY. Section 9. Indemnification. LESSEE agrees to hold harmless, indemnify and defend CITY, its officers and employees from any and all claims, loss, liabili- ty and damages due to the negligence or willful misconduct of LESSEE, or it employees or agents, arising out of or connected to LESSEE's use of the leased premises. 4 Section 10. Insurance. A. LESSEE will provide a certificate of insurance to the CITY, naming the CITY, its officers and employees as an additional insured on LESSEE's current liability policy and automobile insurance 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 insurers 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. LESSEE shall provide CITY with an endorsement to each of its policies naming the CITY, its officers and employees as additionally named insureds. B. LESSEE will maintain during the term of this Agreement insurance on the value of all its fixtures and equipment, and all merchandise that is on the leased premises, against damage or destruction by fire, theft, or the elements. Section 11. Alterations; Maintenance; Repairs. A. LESSEE has inspected the leased premises, and accepts them "as is" in their current condition. B. Alterations, improvements, and changes that LESSEE may desire, including any irrigation, ventilation, and security systems needed for operation of the facility as a greenhouse, shall be done by LESSEE only with the approval of the CITY. LESSEE must submit a request for CITY approval of the details of each installation before it is executed. Any alterations, improvements and changes, made by LESSEE, shall become the property of CITY, provided that CITY shall have the option, upon termination of this Agreement, of requiring LESSEE, at LESSEE's own cost and expense, to remove any or all such alterations, improvements and changes. All damage or injury done to the premises by or with the consent of LESSEE will be paid for by LESSEE. C. CITY shall, at its own cost and expense, replace broken glass, and maintain damaged doors and locks on the Greenhouse, except where the breakage or damage is due to the fault of LESSEE or LESSEE's employees or agents. D. Except as otherwise provided in C. above, LESSEE shall, at LESSEE's own cost and expense, repair and maintain all portions of the leased premises, including the Green- house, in as good order and repair and in as safe and clean a condition as when received from CITY, reasonable Ll wear and tear excepted. LESSEE's maintenance and repair obligation also shall extend to any alterations, improve- ments or changes made to the Greenhouse or other portions of the leased premises, including the temporary growing area. Section 12. Sicrns. LESSEE may, at LESSEE's own cost and expense, install one sign, limited to one square foot in area, as may be necessary and desirable, provided that the LESSEE must submit a request and obtain approval of the CITY's Planning Director and Falkirk Director of the location, design, and color of any such sign before installation. Any such sign shall be maintained by the LESSEE, and if requested by CITY, removed by LESSEE upon termination of this Agreement at LESSEE's cost and expense, making any necessary repairs to any structure to which it may have been attached. Section 13. Landscape Materials and Services As additional consideration for this Agreement, LESSEE will propagate and grow in up to thirty (30%) percent of the Greenhouse area such historically appropriate plant materials for use by the CITY in landscaping the Falkirk grounds as may be requested by the Falkirk Director, and LESSEE shall further oversee volunteers from the Master Gardeners Program of the University of California, Berkeley, in providing such land- scape services on the Falkirk grounds, as may be requested by the Falkirk Director, that are necessary for the planting and tending of such plant materials grown by the LESSEE. Section 14. Public Education Classes. As additional consideration conduct six one-half hour general public, at Falkirk as antique roses and such agreed upon between LESSEE Section 15. Citv Access. for this Agreement, LESSEE shall classes, at no charge for the and the Greenhouse, on such topics other topics as may be mutually and the Falkirk Director. LESSEE shall permit CITY or CITY's officers, employees or agents to enter the premises at all reasonable times to inspect the premises to determine LESSEEEIs compliance with the terms of this Agreement, to perform any duties of CITY required under this Agreement, and to do any other lawful acts that may be necessary to protect CITY's interest in the leased premises. 6 Section 16. Kevs. CITY shall provide LESSEE with one key to the Greenhouse, which shall not be duplicated without the approval of the CITY. CITY shall provide LESSEE with the initial key at no cost, and LESSEE shall pay CITY the duplication cost of any lost keys. Section 17. Destruction of Premises. A. In the event of a partial or total 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. If CITY elects not to repair or replace the premises, the LESSEE's duty to pay rental under this lease shall terminate as of the date of the disaster. B. LESSEE shall be liable for the costs of all damages to the leased premises caused by the willful misconduct or negligence of LESSEE, and there will be no abatement of rent or termination of this lease for these damages. Section 18. Assianment and Sublease. LESSEE 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 LESSEE, by operation of law, without the written consent of CITY. Section 19. Breach or Default; Termination. If LESSEE 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, LESSEE shall be in breach of and shall be considered in default of the Agreement. Such breach and default shall be grounds for termination of the Agreement by CITY, in the manner required by law. Section 20. Compliance With All Laws. LESSEE shall be responsible to comply with all federal, state, and local laws and regulations, including but not limited to, laws and regulations related to the use and reporting of pesticides, herbicides, and any other toxic or hazardous substances. 7 Section 21. Citv Business License/Other Taxes. LESSEE shall obtain and maintain during the duration of this Agreement a CITY business license as required by the San Rafael Municipal Code, and shall pay any and all applicable federal, state and local taxes with respect to its operations on the leased premises. Section 22. Intearation Clause. This written lease constitutes the whole of the Agreement between the CITY 'and LESSEE. 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 23. Notices. All notices required or permitted hereunder, including any change of address, shall be in writing and given by personal delivery, or deposited in the United States Mail, postage prepaid, addressed to the party to be notified. Notice shall be deemed given as of the date of delivery, or if mailed, upon the date of deposit in the United States Mail. Notice shall be given as follows: To LESSEE: Jim Normandi, P.O. Box 819 Woodacre, CA To CITY: dba The Green Man 94973 Director, Falkirk Cultural Center 1408 Mission Avenue P.O. Box 151560 San Rafael, CA 94915-1560. CITY OF SAN RAFAEL Suzanne Golt, Acting City Manager a JIM NORMANDI , dba THE GREEN MAN ATTEST: JEAIWE M. LEONC%NT, - City Clerk APPROVED AS TO FORM: GARY T. RAGGHIANTI City Attorney (8-23-95) (c:\fa W rk\grnhouse.agr) 9 APPROVED AS TO CONTENT: V _PHNS4fCRD Cultural Affairs Director CAROL ADNEY Falkirk Director D