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