HomeMy WebLinkAboutCS Beach Park; Terrapin Crossroads OrdinanceAgenda Item No: 5. b
Meeting Date: September 2, 2014
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Services
Prepared by: Carlene McCart
r-10
City Manager Approval:/ I A".l
SUBJECT: Consideration of an Ordinance of the City of San Rafael Approving a Lease
of Real Property Located in the City of San Rafael, Being a Portion of Assessor's Parcel
No. 014-152-27 and Commonly Known As "Beach Park", to Terrapin Crossroads, LLP.
RECOMMENDATION: Pass Ordinance, attached as Exhibit "A" to print approving a Lease of
Beach Park to Terrapin Crossroads, LLP.
BACKGROUND: Beach Park, built and opened for public use in 1974, is located on a portion
of City -owned property at 200 Yacht Club Drive, adjacent to Terrapin Crossroads restaurant and
performance venue, and the San Rafael Yacht Club. The park fronts the San Rafael Canal at the
Turning Basin.
Originally Beach Park was equipped for picnic and children's play activities. While attractive
for its visual access to the San Rafael Canal, by the mid -1990's the impacts of the isolated
location and underutilization left the park in poor condition. In April of 1997 the City entered
into a lease with Herbert Crocker and William McDevitt, then -owners of the adjacent restaurant
facility and property, for the development and maintenance of Beach Park. Under that lease, the
lessees agreed to install and maintain a pathway, small craft dock, seating and game tables, along
with bocce and volleyball courts on the site. Public access was to be provided sunrise to sunset.
The operators were allowed to serve food onsite and stage entertainment events.
The Crocker/McDevitt lease had a 10 -year term. Improvements were installed, and the
restaurant operation extended services on a minimum basis into the park area; however, after
approximately 4 years, maintenance abated and the parties terminated the lease. Subsequently,
the park features and landscape deteriorated, and once again Beach Park declined under lack of
appropriate use. When the Great Recession impacted the City of San Rafael, maintenance on
this site was reduced to garbage collection and safety -oriented repairs. Today Beach Park has
few amenities. Loitering, littering, sanitation, security and vandalism are a growing concern at
this location and for the neighboring properties.
FOR CITY CLERK ONLY
File No.: Z —! 0
Council Meeting: 'Lip f'4
Disposition: CS7Jerj cw..,. 0 19.2s
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The restaurant at 100 Yacht Club Drive and adjacent to Beach Park, reopened in 2012 as
Terrapin Crossroads, operated by Jill and Phil Lesh of Terrapin Crossroads, LLP. The Leshes
approached the City last year with a desire to improve Beach Park and incorporate the space into
Terrapin Crossroads' food and entertainment services. Staff saw the opportunity to form a
public/private partnership to the benefit of all parties and the public.
The Park and Recreation Commission reviewed the Lease concept at their regular meeting of
June 19, 2014. Phil and Jill Lesh were in attendance to describe their plans and clarify issues of
operations proposed in the Lease. There were no comments from the public on the issue. The
Commission unanimously recommended the concept to the City Council. The Minutes of that
meeting are attached as Exhibit B.
On July 21 staff brought a proposal to the City Council for a Lease of Beach Park to Terrapin
Crossroads. The Agenda item was a Public Hearing. After reports from staff and representatives
of Terrapin and discussion, the Council directed staff to amend the proposed Lease language in
several areas for clarification, and to negotiate for increase public access to Beach Park.
Terrapin Crossroads rejected the request to increase free public access, reasoning that in order to
protect improvements and investment in the park, the area needs security surveillance. The
associated costs of securing and managing general public activity in the Park was prohibitive for
the owners. They withdrew from the proposal.
Subsequently Terrapin and City representatives met to discuss the issues. Both parties agreed to
consider two options for a revised proposal. The options were reviewed at the City Council
Closed Session on August 18, 2014. Staff was directed to develop Option 1 into a Lease
Agreement proposal for consideration in a Public Hearing at the September 2 City Council
Meeting.
ANALYSIS: The current proposed Lease of Beach Park to Terrapin Crossroads, LLP, attached
as Exhibit "B" has the following material terms:
1. The term of the Lease is seven years. The Lease may be renewed on the same terms for
an additional seven years, if acceptable to both parties;
2. The City shall provide Terrapin Crossroads
a. Exclusive concessions in Beach Park; permanent improvements become the
property of the City at the termination of the Agreement.
b. Exclusive operation of Beach Park with control of access to the park site, and
behavior of visitors, while on site.
c. Permission to stage entertainment events in Beach Park on up to 30 dates per year
on Saturdays between the hours of 10 a.m. and 10 p.m. Admission may be
charged at these events.
3. Terrapin Crossroads shall provide the City of San Rafael
a. A minimum of seven free public events at Beach Park per year, examples listed as
Exhibit 2 to the Agreement.
b. Improvements to Beach Park as listed on Exhibit 3 to the agreement.
c. Maintenance, utilities, security and management of Beach Park site.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
d. $15,000 per year rent with adjustments as prescribed in a formula ties to the
Consumer Price Index.
e. Provision of a personal watercraft launch facility accessible to the public during
hours of operation of Terrapin Crossroads.
f. Access to Beach Park through Terrapin Crossroads restaurant during regular
hours of operation, subject to management discretion for security.
Under this proposal Terrapin Crossroads may submit an annual report of expenses incurred in the
improvement of Beach Park to qualify for adjustments to the annual rental fee. Expenditures
over $15,000 per year will be credited to the following year rental adjustment.
The Lease includes standard lease language required by the City for use of City property.
Insurance coverage is prescribed for both parties. Third party sub lease or exclusive use is not
permitted.
The value of the Lease to the City comes from the improvements to Beach Park, the use of the
site as a unique entertainment venue, free public events at the Park, the addition of a watercraft
dock to allow for increased access by the public to the San Rafael Canal, security and
maintenance of the site and a financial return. The reduced public access to Beach Park is a
reasonable exchange in relation to the benefits mentioned above.
The value of the Lease to Terrapin Crossroads is a clean, secure, attractive outdoor environment
for the restaurant and the surrounding properties and businesses, an expanded food and beverage
service venue, the opportunity to have outdoor music performances, and the ability to offer a
unique waterside experience for customers.
The City has precedence for entering into a lease with Terrapin Crossroads. The former lease
with the owners of the property was much the same, with a broader scope of free public access.
The City also has Leases or Use Agreements, with non and for profit organizations, for exclusive
use of public property, including San Rafael Yacht Club, Marin Master Gardeners, Marin Bocce
Federation, Marin History Museum, and Redwood Empire Sports, all of which have a prescribed
conditions and times for public access and use. There is also a lease for exclusive private use of
the suite of offices at Falkirk Cultural Center, where no public access is permitted. The Park and
Recreation Commission conducts annual compliance reviews of Lessees and City staff f to
assure that issues are addressed effectively. The proposed Lease will follow this protocol.
The proposed Lease is another example of a public/private collaboration that will maximize the
use and public benefits of City -owned property.
FISCAL IMPACT: In exchange for prescribed exclusive use of public property, Terrapin
Crossroads will pay the City rent in the amount of $15,000 annually for use of Beach Park. The
initial rent amount will be adjusted as per the terms listed related to the CPI. Terrapin
Crossroads will invest in park improvements, and will be responsible for utility, maintenance and
security costs. The City will retain all improvements at the termination of the Lease. The rental
fee, up to $15,000 per year, or the current amount of the rental fee, will be credited back to
Terrapin for the cost of improvements that will become permanent assets for the City. The Lease
does not obligate the City to financial participation, and relieves the City of costs associated with
the operation and maintenance of Beach Park.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
OPTIONS: Approve the Ordinance authorizing the Lease as proposed
Reject the Ordinance and do not enter into a Lease of Beach Park
Direct staff to negotiate further modifications of the proposed Lease
ACTION REQUIRED: Pass to print the attached Ordinance of the City of San Rafael
Approving a Lease of Real Property Located in the City of San Rafael, Being a Portion of
Assessor's Parcel No. 014-152-27 and Commonly Known As "Beach Park", to Terrapin
Crossroads, LLP.
ATTACHMENTS:
Exhibit A: Ordinance with attached Exhibit 1 -Lease between the City of San Rafael and
Terrapin Crossroads
Exhibit B: Minutes of the Park and Recreation Commission, June 19, 2014
Marin Independent Journal
150 Alameda del Prado
PO Box 6150
Novato, California 94948-1535
(415) 382-7335
legals@marinij.com
SAN RAFAEL,CITY OF
CITY OF SAN RAFAEL,CITY CLERK, ROOM 209,1400
FIFTH AVENUE, SAN R
SAN RAFAEL CA 94915-1560
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Marin
FILE NO. 0005274540
I am a citizen of the United States and a resident of the County
aforesaid: I am over the age of eighteen years, and not a party to
or interested in the above matter. I am the principal clerk of the
printer of the MARIN INDEPENDENT JOURNAL, a newspaper of
general circulation, printed and published daily in the County of
Marin, and which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of Marin,
State of California, under date of FEBRUARY 7, 1955, CASE
NUMBER 25566; that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not in any
supplement thereof on the following dates- tD-wit:
812312014
I certify (or declare) under the penalty of perjury that the foregoing
is true and correct.
Dated this 25th day of August, 2014
Signature
PROOF OF PUBLICATION
Legal No. 0005274540
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
BEFORE THE SAN RAFAEL CITY COUNCIL
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN RAFAEL APPROVING A LEASE OF
REAL PROPERTY LOCATED IN THE CITY OF SAN
RAFAEL, BEING A PORTION OF ASSESSOR'S
PARCEL NO. 014-152-27 AND COMMONLY
KNOWN AS "BEACH PARK", TO TERRAPIN
CROSSROADS,LLP.
DATE/TIME:
Tuesday. September 2, 2014, at 7:00 p.m.
LOCATION:
City Council Chambers. City Hall,
1400 Fifth Avenue, Sari Rafael, CA
PURPOSE:
To receive public comments and to consider in-
troducing for adoption a proposed ordinance to
approve a seven-year lease, with an option to
extend for an additional term of seven years, of
City -owned realproperty located in the Cityof
San Rafael. County of Marin. State of California,
being a portion of Assessor's Parcel No. 014-
152.27 and commonly known as "Beach Park"
to Terrapin Crossroads, LLP. The lease would
authorize Terrapin Crossroads restaurant to
use Beach Park exclusively as part of its food
service operations and for Terrapin
Crossroads -sponsored entertainment events
up to thirty (30) Saturdays per Lease year. Pub-
lic use of Beach Park would be preserved
through public access to personal watercraft
launch facilities during hours of Terrapin Cross-
roads' operation and a minimum of (7) seven
free public events at Beach Park during each
year of the Lease term or any extension there-
of.
Copies of the ordinance and the proposed lease
are on file with the City Clerk, and are open to
public inspection.
As required by state law, the ordinance's po-
tential environmental impacts have been as-
sessed. City staffis recommending that the
Council find that this ordinance will not have a
significant effect on the environment as it con-
cerns the leasing, operation. repair, mainte-
nance, and/or minor alteration of an existing
public facility, andis categorically exempt from
environmental review, pursuant to CEQA Guide-
lines Section 15301.
IF YOU CANNOT ATTEND:
You can send a letter with your comments
regarding the proposed ordinance to Esther
BeIme, City Clerk, City of San Rafael, P.O. Box
151560, San Rafael, CA. 94915.1560, or you can
deliver a letter to the City Clerk prior to the City
Council meeting on September 2, 2014.
FOR MORE:
For additional information regarding the above,
Services contact
forrlene the City of San Rafael gat
(415) 485-3333. Office hours are Monday -Friday.
8:30 AM to 5:00 PM.
Esther Beirne
City Clerk
City of San Rafael
American Sign Language interpreters and
assistive listening devices may be requested by
calling 415.485.3198 (TDD) or 415.485.3085
(voice) at least 72 hours in advance of the Pub-
lic Hearing. Copies of documents are available
in accessible formats upon request. Public
transportation is available through Golden Gate
Transit, line 20 or 23. Paratransit is available by
calling Whistlestop Wheels at 415-454-0964. To
allow individuals with environmental illness or
multiple chemical sensitivity to attend the Pub-
lic Hearing. individuals are requested to refrain
from wearing scented products.
no.1040 Auqust 23.2014
ORDINANCE NO. 1925
AN ORDINANCE OF THE CITY OF SAN RAFAEL
APPROVING A LEASE OF REAL PROPERTY LOCATED
IN THE CITY OF SAN RAFAEL, BEING A PORTION OF
ASSESSOR'S PARCEL NO. 014-152-27 AND COMMONLY
KNOWN AS "BEACH PARK", TO TERRAPIN CROSSROADS, LLP
WHEREAS, the City of San Rafael owns certain real property located within the City of
San Rafael, designated as Marin County Assessor's Parcel No. 014-152-27; and
WHEREAS, in 1974 a portion of Assessor's Parcel No. 014-152-27 was developed and
dedicated as a public park known as "Beach Park": and
WHEREAS, Beach Park historically has been underutilized and subject to vandalism; and
WHEREAS, in 1997 the City entered into an agreement with Herbert Crocker and William
McDevitt, owners of an adjacent restaurant facility and property, for the renovation and
maintenance of Beach Park; however subsequently that agreement was abandoned and terminated
for non-compliance; and
WHEREAS, the condition of Beach Park has continued to decline through lack of use,
misuse and vandalism, and lack of public resources for maintenance; and
WHEREAS, in 2012 the property at 100 Yacht Club Drive, immediately adjacent to Beach
Park, was leased by Terrapin Crossroads, LLP ("Terrapin Crossroads") for the operation of a
commercial restaurant and entertainment venue; and
WHEREAS, in 2013 Terrapin Crossroads approached the City with a proposal for a
public/private partnership to resolve issues of vagrancy, sanitation, security, and criminal activity in
Beach Park, through a lease of Beach Park from the City; and
WHEREAS, the proposed Lease of Beach Park by Terrapin Crossroads allows for specific
and substantial exclusive use by Terrapin Crossroads in exchange for renovation, maintenance,
security, and management of Beach Park over a seven year term; and
WHEREAS, the Park and Recreation Commission at its June 17, 2014 regular meeting
determined that the proposed Lease provided the City with public benefit and recommended the
concept to the City Council; and
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WHEREAS, on July 21, 2014 and September 2, 2014 the City Council held a public
hearing to receive public comments and to consider the proposed ordinance and lease; and
WHEREAS, the City Council finds that for all of the foregoing reasons, it is in the best
interests of the City to lease Beach Park to Terrapin Crossroads; and
WHEREAS, the City Council finds that approval of the requested lease is for operation,
maintenance, and/or minor repairs and alterations of an existing public facility, and therefore is
categorically exempt from environmental review, pursuant to CEQA Guidelines Section 15301.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
DIVISION 1.
The City Council hereby approves, and authorizes the Mayor to execute, a lease of Beach
Park to Terrapin Crossroads for a term of seven (7) years commencing as of September 15, 2014, at
a base rental of Fifteen Thousand Dollars ($15,000) per year and on the other terms set forth in the
"Lease Agreement Between the City of San Rafael and Terrapin Crossroads, LLP, September 15,
2014" attached hereto as Exhibit 1 and incorporated herein by reference.
DIVISION 2:
This Ordinance shall be published once, in full or in summary form, before its final passage,
in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall
be in full force and effect thirty (30) days after its final passage. If published in summary form, the
summary shall also be published within fifteen (15) days after the adoption, together with the names
of those Councilmembers voting for or against same, in a newspaper of general circulation
published and circulated in the City of San Rafael, County of Marin, 4. State of California.
ATTEST:
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GARY O. kWLLIPS, Mayor
ESTHER BEIRNE, City Clerk
The foregoing Ordinance No. 1925 was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the 2nd day of September, 2014 and ordered passed to
print by the following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 15th day of September, 2014.
hSf-��.IZ �c lz�c.c
ESTHER BEIRNE, City Clerk
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LEASE AGREEMENT
BETWEEN THE CITY OF SAN RAFAEL
AND TERRAPIN CROSSROADS, LLP
September 15, 2014
LEASE AGREEMENT
BETWEEN THE CITY OF SAN RAFAEL
AND TERRAPIN CROSSROADS, LLP
September 15, 2014
THIS LEASE is made as of September 15, 2014, by and between the CITY of San
Rafael, a California municipal corporation duly chartered under the laws of the state of
California (hereafter "CITY" or "Lessor"), and TERRAPIN CROSSROADS, LLP, a California
Limited Liability Partnership, (hereafter "TERRAPIN CROSSROADS" or "Lessee").
RECITALS
A. The CITY owns that certain real property located adjacent to the San Rafael
Canal in the City of San Rafael, County of Marin, State of California, commonly known and
referred to herein as "Beach Park", being a portion of Assessor's Parcel No. 014-152-27, and
more particularly described as follows:
Beginning at a point on the Southerly line of the San Rafael Canal at the
Northwesterly corner of the lands conveyed to Joseph B. Rice by Deed recorded
February 7, 1935 in Book 292 of Official Records at page 482, Marin County
Records; thence along the Westerly line of said property (292 OR 482), South
11'44'18" West, 164.00 feet; thence leaving said line (292 OR 482), North
77'12'23" West, 189.95 feet; thence North 11'44'18" East, 166.00 feet to the
Southerly line of the San Rafael Canal; thence along said Southerly line South
76°36'12" East, 190.00 feet to the point of beginning.
Containing 0.7194 Acres more or less.
B. Beach Park was designed, installed, and dedicated in May 1974 by CITY as a
public serving recreation area.
C. In April 1997 CITY entered into an agreement with Herbert A Crocker &
Company and William R. McDevitt for the development and maintenance of two parcels of
Public Real Property fronting the San Rafael Canal, including Beach Park.
D. Beach Park was subsequently improved and maintained under the 1997 agreement
for approximately 4 years, when the agreement was terminated de facto.
E. Due to limited resources, the CITY's capacity to maintain Beach Park has
diminished in recent years to the point of no regular maintenance and a substantial loss of
landscape and amenities.
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F. The CITY's Canal Transportation Plan, the San Francisco Bay Water Trail, and
the San Rafael General Plan 2020 each promote improvement and public use of the San Rafael
Canal.
G. TERRAPIN CROSSROADS operates a commercial music and entertainment
venue, open to the public Tuesdays through Sundays, adjacent to Beach Park.
H. TERRAPIN CROSSROADS wishes to upgrade and maintain Beach Park in
exchange for a limited term of substantially -exclusive use to provide food service and
entertainment on the site as defined in this Lease.
I. CITY has a long-term goal to implement the land use and transportation plans
referenced above, but in the interim desires to provide enhanced public use and enjoyment of
Beach Park, and acknowledges that allowing TERRAPIN CROSSROADS to lease Beach Park
upon the terms and conditions set forth herein would provide to the CITY and its residents the
benefit of substantially upgraded park facilities and supervision and security, which CITY is
presently unable to provide and which will make Beach Park more attractive and usable by the
public for park purposes than it would otherwise be.
NOW, THEREFORE, TI IE PARTIES AGREE AS FOLLOWS:
1. RENTAL OF PREMISES.
For valuable consideration, the CITY leases to TERRAPIN CROSSROADS and
TERRAPIN CROSSROADS leases from CITY the Premises described in Exhibit "I" hereto,
including any improvements located thereon, on the terms, covenants and conditions set out in
this Lease (hereafter "the Premises").
2. TERM.
2.1. Term. The term of the Lease ("Term") shall be for seven (7) years. The Term
shall commence as of September 15, 2014 (the "Commencement Date") and shall expire on
September 14, 2021 ("Expiration Date").
2.2. Option. At the expiration of the Term, CITY in its sole discretion, may offer
TERRAPIN CROSSROADS the option to renew this Lease for an additional period of seven (7)
years or such other term as is agreeable to the parties.
3. RENT.
3.1. Base Rent. TERRAPIN CROSSROADS shall pay the CITY the sum of $15,000
per year as base rent during the term, payable in advance commencing on the Commencement
Date of the Lease, and annually thereafter on the anniversary of the Commencement Date, with
adjustments and credits as provided in Sections 3.2 and 3.3.
3.2. CPI-Adiusted Base Rent.
a. The annual base rent shall be increased at the commencement of the third
year of the term and every two years thereafter during the term or any renewal term pursuant to the
option granted under Section 2.2 ("adjustment date" herein) to the lesser of. a) the annual rent in
effect immediately preceding the adjustment date plus five per cent (5%); or b) the annual rent as
adjusted for the change in the Consumer Price Index (CPI), as calculated in Section 3.2.b.
b. The base for computing the CPI adjustment is the Consumer Price Index for
all Urban Consumers (base years 1982-1984 - 100) for San Francisco -Oakland -San Jose, published
by the U.S. Department of Labor, Bureau of Labor Statistics ("Index" herein), which is in effect on
the date of the commencement of the term ("Beginning Index" herein). The Index published most
immediately preceding the adjustment date in question ("Extension Index" herein) is to be used in
determining the amount of the CPI adjustment. If the Extension Index has increased over the
Beginning Index, the CPI adjustment shall be calculated by multiplying the annual rent by a fraction
consisting of the Extension Index as the numerator and the Beginning Index as the denominator. If
the Index is discontinued or revised during the term, such other government index or computation
with which it is replaced shall be used in order to obtain substantially the same result as would have
been obtained if the Index had not been discontinued or revised.
3.3. Credit for Improvements.
a. CITY shall provide TERRAPIN CROSSROADS with a credit against the
base rent or adjusted base rent paid or payable, including a refund for improvements made during
the first lease year if appropriate, for costs TERRAPIN CROSSROADS incurs in the acquisition
and installation of improvements to the Premises approved by the City as required in Section 5 of
this Lease, as documented by TERRAPIN CROSSROADS. Documented expenditures for City -
approved improvements to the Premises in excess of $15,000 per Lease year will be credited to the
following year(s) rental adjustment.
b. TERRAPIN CROSSROADS shall submit to CITY an annual expenditure
statement prior to the annual rent payment date to qualify for adjustments to the annual rental fee
under this section.
4. USE OF PREMISES.
4.1 Permitted Uses. This Lease shall constitute the Permit and all authorizations
required by San Rafael Municipal Code Chapter 8.10 for use of the Premises as described herein.
The Premises shall be used for the following uses:
a. Public access to personal self-propelled watercraft launch facilities during
hours of TERRAPIN CROSSROADS operation. TERRAPIN CROSSROADS shall facilitate
access to the dock facilities.
b. Public access to Beach Park amenities such as bocce courts and park
amenities shall be granted through TERRAPIN CROSSROADS restaurant facilities, subject to
the reasonable management of the Premises by TERRAPIN CROSSROADS as set forth in
Section 5.4.
C. Food service provided by TERRAPIN CROSSROADS during hours of
TERRAPIN CROSSROADS operation.
d. TERRAPIN CROSSROADS shall sponsor a minimum of seven (7)
events open and free to the public annually as exemplified in Exhibit "2" attached hereto.
TERRAPIN CROSSROADS shall submit its list of planned events, and such other information
as may be requested by the CITY, for review and approval by the Parks and Recreation
Commission at a regularly scheduled public meeting.
e. TERRAPIN CROSSROADS -sponsored entertainment events up to thirty
(30) Saturdays per Lease year, between the hours of 10:00 a.m. and 10:00 p.m. Requests for
exceptions to Saturday events must be submitted at least thirty (30) days in advance to CITY and
are subject to CITY approval. TERRAPIN CROSSROADS may, in its discretion, charge a fee
or fees for use of the Premises for these events, notwithstanding Section 5.4(a) or any other
provision of this Lease to the contrary.
4.2 Limits on Use.
a. TERRAPIN CROSSROADS shall not use the Premises for any purpose,
other than as set forth in this Lease, nor in any manner that will constitute waste, nuisance, or
unreasonable annoyance to owners or occupants of adjacent properties.
b. TERRAPIN CROSSROADS shall not allow third party events on the
Premises, nor sublet all or any part of the Premises for exclusive uses by third parties.
5. INSTALLATION OF AMENITIES ON PREMISES
5.1 Value of Amenities. During the term of this Lease, TERRAPIN CROSSROADS
shall spend not less than One Hundred Thousand Dollars ($100,000.00) for the acquisition and
installation on the Premises of the amenities described in Sections 5.2 and 5.3.
5.2. Installation of Dock. TERRAPIN CROSSROADS shall install on the Premises,
at its sole expense, a prefabricated, ADA compliant and accessible, low-rise floating dock
approximately 5' by 18' with a rise of 8 inches, for launching of self-propelled watercraft onto the
San Rafael Canal; or CITY approved substitute. The proposed dock shall be approved by the
CITY as to style and size prior to purchase, and shall be purchased from a recognized
manufacturer and distributor, or fabricated utilizing approved plans and licensed contractors.
The dock shall be installed off the Promenade public easement, adjacent to the TERRAPIN
CROSSROADS outdoor dining area.
Nothing in this section shall be deemed to excuse TEIZ_RAPIN CROSSROADS from the
requirement to obtain all applicable permits and approvals required for installation of such dock
from the CITY's Department of Public Works and.�or Department of Community Development,
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or from any conditions imposed upon the grant of such permits and approvals, or from
compliance with the Americans with Disabilities Act or any other applicable laws. TERRAPIN
CROSSROADS shall pursue applications for all such required permits and approvals in an
expeditious manner following execution of this Lease.
TERRAPIN CROSSROADS shall install the dock within sixty (60) days following the
Commencement Date or as soon thereafter as all necessary permits and approvals have been
obtained.
5.3 Beach Park Amenities. TERRAPIN CROSSROADS shall provide concept
plans produced by a licensed landscape architect for review and approval by the Park and
Recreation Commission at a public meeting. Such plans will contain the type and location of
recreation, landscape, seating, sidewalk, fencing, gate and any other element proposed for the
Premises. Plans shall include design and site location of permanent signage indicating location
of amenities, and hours of use, and temporary signage announcing events. Once approved full
and detailed construction documents will be submitted, reviewed as per the appropriate CITY
review and permit process. A list of amenities is attached as Exhibit "Y' hereto.
Nothing in this section shall be deemed to excuse TERRAPIN CROSSROADS from the
requirement to obtain all applicable permits and approvals required for installation of such
storage racks from the CITY's Department of Public Works and/or Department of Community
Development, or from compliance with any conditions imposed upon the grant of such permits
and approvals, or from compliance with the Americans with Disabilities Act or any other
applicable laws. TERRAPIN CROSSROADS shall pursue applications for all such required
permits and approvals in an expeditious manner following execution of this Lease.
5.4. Use of Dock and Amenities and Premises.
a. Use by the public, during hours prescribed under Section 4.1.b shall be
free of charge, and shall not be conditioned upon a requirement for purchase of food or
beverages from TERRAPIN CROSSROADS.
b. Use of the Premises shall be monitored, including but not limited to
unlocking and locking facilities, accesses and site as per the proscribed schedule in Section 4.1
of this Lease, by TERRAPIN CROSSROADS representatives or contractual security services, at
the sole cost of TERRAPIN CROSSROADS.
C. TERRAPIN CROSSROADS may control access to the Premises during
hours of public use, for the purpose of protecting and promoting the safe and peaceful enjoyment
of the Premises by the public, and may refuse access to or eject from the Premises those persons
deemed, in TERRAPIN CROSSROADS's reasonable discretion, to pose a safety or security risk
to other guests or users of the Premises or adjacent properties.
d. TERRAPIN CROSSROADS shall not allow dogs or pets to enter the
Premises, nor allow smoking or loitering on the Premises.
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e. Works of art purchased or donated and installed on the Premises are the
property of TERRAPIN CROSSROADS and shall be removed from the Premises at the
termination of this Lease. CITY shall have no liability for losses or damages to any works of art
installed on the Premises by TERRAPIN CROSSROADS hereunder.
6. UTILITIES.
TERRAPIN CROSSROADS shall make all arrangements for and shall pay for all utilities
and services furnished to the Premises and'or used by TERRAPIN CROSSROADS, including,
without limitation, gas, electricity, water, telephone service, and garbage collection, and for all
connection charges.
7. IMPROVEMENTS.
No improvements to the Premises shall be undertaken without prior written approval of
the CITY, which approval shall not unreasonably be withheld. Title to all improvements
constructed by TERRAPIN CROSSROADS shall be owned by TERRAPIN CROSSROADS
until expiration of the Term or any renewal thereof, or the earlier termination of this Lease. All
improvements, including the TERRAPIN CROSSROADS dock, on the Premises at the
expiration of the Term or any renewal thereof, or the earlier termination of this Lease shall,
without compensation to TERRAPIN CROSSROADS, then automatically and without any act of
TERRAPIN CROSSROADS or any third party become the property of the CITY. TERRAPIN
CROSSROADS agrees to execute, acknowledge, and deliver to the CITY any instrument
reasonably requested by the CITY as necessary in the CITY's opinion to perfect the CITY's right,
title, and interest to the improvements and the Premises, at such time and in such form as the
CITY may request and the CITY Attorney shall approve. For purposes of this Lease, art
installations shall be considered to be "alterations" rather than "improvements to the Premises."
8. MAINTENANCE AND REPAIRS.
8.1. Lessee's Duty to Maintain Premises. At all times during the term, TERRAPIN
CROSSROADS shall, at its sole cost and expense, keep and maintain the Premises and all
improvements and amenities thereon and all facilities appurtenant thereto in good order and
repair and safe condition, and the whole of the Premises in a clean, sanitary, orderly, and
attractive condition. TERRAPIN CROSSROADS shall make any and all additions to or
alterations or repairs in and about the Premises and the improvements that may be required, and
shall otherwise observe and comply with all public laws, ordinances, and regulations from time
to time applicable to the Premises; and TERRAPIN CROSSROADS shall indemnify and save
harmless the CITY against all actions, claims, and damages by reason of TERRAPIN
CROSSROADS's failure to comply with and perform the provisions of this section.
8.2. No Responsibility of CITY. CITY shall not be required or obligated to make
any changes, alterations, additions, improvements, or repairs in, on, or about the Premises, or any
part thereof, during the term of this Lease or any extension thereof.
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8.3. Mechanic's Liens. TERRAPIN CROSSROADS shall not suffer or permit to be
enforced against the Premises, or any part thereof, any mechanic's, material man's, contractor's
or subcontractor's liens arising from any work of construction, repair, restoration, replacement or
improvement, or any other claim or demand; TERRAPIN CROSSROADS shall pay or cause to
be paid all of such liens, claims, or demands before any action is brought to enforce the same
against the Premises. TERRAPIN CROSSROADS agrees to indemnify and hold harmless the
CITY and the Premises from all liability for any and all such liens, claims, and demands,
together with reasonable attorney's fees and costs and expenses in connection therewith.
9. INSURANCE.
9.1. Insurance. During the term of this Lease and any renewal thereof, TERRAPIN
CROSSROADS shall maintain, at its sole cost and expense: (a) Commercial General Liability
insurance with limits of liability of not less than Two Million Dollars ($2,000,000) per
occurrence and Four Million Dollars ($4,000,000) annual aggregate, insuring against all liability
of TERRAPIN CROSSROADS and its authorized representatives arising out of or in connection
with TERRAPIN CROSSROADS's use or occupancy of the Premises; and (b) Worker's
Compensation insurance as required by the State of California, with statutory limits, and
Employer's Liability Insurance with limits of no less than One Million Dollars ($1,000,000) per
accident for bodily injury or disease, endorsed to waive any right of subrogation against the
CITY. Upon TERRAPIN CROSSROADS's exercise of the option provided for in Section 2, if,
in the reasonable opinion of the CITY, the amount of insurance coverage at the time is not
adequate, TERRAPIN CROSSROADS shall increase the insurance coverage as reasonably
required by the CITY.
9.2. TERRAPIN CROSSROADS's Fire Insurance for Personal Property.
TERRAPIN CROSSROADS shall, at its sole cost and expense, maintain on all the personal
property located within the Premises, a policy of standard fire and extended coverage insurance,
with vandalism and malicious mischief endorsements, to the extent of at least 100% of their
actual cash value. The proceeds from any such policy shall be used by TERRAPIN
CROSSROADS for the replacement of said personal property or for the restoration of
TERRAPIN CROSSROADS improvements or alterations.
9.3. Other Insurance Requirements. All the insurance required under this Lease
shall:
a. Be issued by insurance companies authorized to do business in the State of
California, with a financial rating of at least A+ by A.M. Best as rated in the most recent edition
of Best's Insurance Reports and a Standard & Poor's rating of AAA.
b. Provide, or be endorsed to provide that the CITY, its officers, officials,
employees, and volunteers are additional named insured's under the policy.
C. Provide, or be endorsed to provide, that TERRAPIN CROSSROADS's
insurance shall be primary with respect to any insurance or coverage maintained by the CITY and
shall not call upon the CITY's insurance or self-insurance coverage for any contribution.
d. Contain an endorsement requiring at least thirty (30) days' written notice
7
from the insurance company to both parties before cancellation or change in the coverage, scope,
or amount of any policy.
e. Within thirty (30) days after the Commencement Date of this Lease,
TERRAPIN CROSSROADS shall submit to the CITY Attorney for approval as to form and
sufficiency: (1) Certificates of Insurance evidencing the insurance coverage required in this Lease;
(2) a copy of the policy declaration page and endorsement page listing all policy endorsements for
the general liability policy, and (3) excerpts of policy language or specific endorsements evidencing
the other insurance requirements set forth in this Lease. The CITY shall additionally have the right
to obtain a full certified copy of any insurance policy and endorsements upon reasonable request.
9.4 Broader Insurance Proceeds Available to Lessor. It shall be a requirement
under this Lease that any available insurance proceeds broader than or in excess of the specified
minimum insurance coverage requirements and/or limits shall be available to the CITY or any other
additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the
minimum coverage and limits specified in this Lease; or (2) the broader coverage and maximum
limits of coverage of any insurance policy or proceeds available to the named insured; whichever is
greater.
10. INDEMNIFICATION.
TERRAPIN CROSSROADS shall defend, protect, indemnify and hold harmless the
CITY against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of
action and expenses (including, without limitation, reasonable attorneys' fees, costs and
disbursements) (collectively "Claims") arising in any way out of TERRAPIN CROSSROADS's
operations on or use of the Premises under this Lease, including any Claims under any Federal or
State regulations related to accessibility, regardless of whether or not a liability is caused or
contributed to by the active or passive negligence of the CITY. However, to the extent that
liability is caused by the active negligence or willful misconduct of the CITY, TERRAPIN
CROSSROADS's indemnification obligation shall be reduced in proportion to the CITY's share
of liability for the active negligence or willful misconduct. The defense and indemnification
obligations of this Lease are undertaken in addition to, and shall not in any way be limited by,
the insurance obligations contained in this Lease, and shall survive the termination or completion
of this Lease for the full period of time allowed by law.
11. DESTRUCTION.
11.1. Destruction Due to Risk Covered by Insurance. If, during the term, the
Premises are totally or partially destroyed or damaged from a risk which has been insured
against, rendering the Premises totally or partially inaccessible or unusable, TERRAPIN
CROSSROADS shall be entitled to receive the proceeds of the insurance and shall, with due
diligence, restore the Premises to substantially the same condition as immediately before such
destruction.
11.2. Destruction Due to Risk Not Covered by Insurance. If, during the term, the
Premises are totally or partially destroyed or damaged from a risk not insured against rendering
the Premises totally or partially inaccessible or unusable, TERRAPIN CROSSROADS may elect
8
to terminate this Lease by giving notice to the CITY within thirty (30) days after determining the
restoration costs and replacement value. If TERRAPIN CROSSROADS does not so elect to
terminate the Lease, TERRAPIN CROSSROADS shall, at its sole cost and expense (except as
otherwise provided herein) and with due diligence, restore the Premises to substantially the same
condition as they were in immediately before such destruction. Such destruction shall not
terminate this Lease.
11.3. TERRAPIN CROSSROADS's Restoration of the Premises. If the Premises
are destroyed or damaged during the Lease Term and TERRAPIN CROSSROADS is required to
restore the Premises, the restoration shall be accomplished as follows:
a. TERRAPIN CROSSROADS shall complete the restoration within one
hundred eighty (180) working days after final plans, specifications, and working drawings have
been approved by the CITY and all other appropriate government bodies, all permits required to
commence construction of the restoration have been obtained and all construction contracts have
been awarded (subject to a reasonable extension for delays resulting from causes beyond
TERRAPIN CROSSROADS's reasonable control).
b. TERRAPIN CROSSROADS shall notify the CITY of the commencement
date of construction related to the restoration not later than ten (10) days before commencement
Of such work.
C. TERRAPIN CROSSROADS shall accomplish the restoration in a manner
that will cause the least inconvenience, annoyance, and disruption at the Premises and to adjacent
property owners and users.
11.4. Loss During Last Part of Term. If destruction or damage in an amount greater
than ten percent (100o) of the total value of the Premises occurs during the last year of the Lease
Term, whether or not the loss is covered by insurance, TERRAPIN CROSSROADS shall have
the option to terminate this Lease by giving notice to the CITY not more than thirty (30) days
after the event which causes such destruction or damage, in which event the CITY shall be
entitled to receive any insurance proceeds payable with respect to the damage or destruction.
11.5. Waiver of Civil Code Sections. TERRAPIN CROSSROADS waives the
provisions of Civil Code §1932(2) and Civil Code §1933(4) and any successor statutes with
respect to any destruction of the Premises.
12. ASSIGNMENT.
12.1 Assignability. TERRAPIN CROSSROADS shall not voluntarily assign or
encumber its interest in this Lease or in the Premises, or sublease all or any part of the Premises,
without first obtaining the CITY's written consent. Any assignment, encumbrance or sublease
without the CITY's consent shall be void, and shall constitute a default. No consent to any
assignment, encumbrance or sublease shall constitute consent to a subsequent assignment,
encumbrance or sublease. Nothing in this section shall prohibit, or require the CITY's consent
for, TERRAPIN CROSSROADS's use of Premises pursuant to Sections 4 and 5 of this Lease.
9
12.2 Transfer of Lease. The Lease is specific to TERRAPIN CROSSROADS and
CITY, and shall not transfer to any third party, subsequent owner, or operator of the restaurant
venue or business interest.
13. DEFAULT.
13.1. TERRAPIN CROSSROADS's Default. The occurrence of any of the following
shall constitute a default by TERRAPIN CROSSROADS:
a. Failure to pay any amount under this Lease when due, if such failure
continues for thirty (30) days.
b. Failure to perform any other provision of this Lease if such failure to
perform is not cured within thirty (30) days after notice of such failure has been given by the
CITY to TERRAPIN CROSSROADS. If the default is curable, but cannot reasonably be cured
within thirty (30) days, then TERRAPIN CROSSROADS shall not be in default of this Lease if
TERRAPIN CROSSROADS commences to cure the default within the thirty (30) -day period
and diligently and in good faith continues to pursue the cure of such default.
C. An assignment, encumbrance, or sublease without obtaining the CITY's
written consent pursuant to Section 12.
d. Abandonment or surrender of Premises by TERRAPIN CROSSROADS.
f. Any attachment, execution, levy, or seizure under legal process, of
TERRAPIN CROSSROADS's interest in Premises.
g. Appointment of a receiver to take possession of TERRAPIN
CROSSROADS's interest in Premises, for any reason.
h. Filing of a petition of bankruptcy by or against TERRAPIN
CROSSROADS.
Any other event designated by this Lease as an event of default.
13.2. Notice of TERRAPIN CROSSROADS Default. Notices of default given under
this section shall specify the alleged default and the applicable lease provisions and shall demand
that TERRAPIN CROSSROADS perform the provisions of this Lease, within thirty (30) days, or
quit the Premises. No such notice shall be deemed a forfeiture or a termination of this Lease
unless the CITY so elects in the notice. The purpose of the notice requirements set forth in this
section is to extend the notice requirements of the unlawful detainer statutes of California. Such
notices are the only notices required to be given by the CITY to TER -,%PIN CROSSROADS in
the event of a default and are not in addition to any statutory notices required under the unlawful
detainer statutes of California.
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13.3. CITY's Remedies.
a. Nature of Remedies. The CITY shall have the following remedies if
TERRAPIN CROSSROADS commits a default. These remedies are not exclusive; they are
cumulative and in addition to any other remedies now or later allowed by this Lease or by law.
b. Termination of TERRAPIN CROSSROADS's Right to Possession.
The CITY may terminate TERRAPIN CROSSROADS's right to possession of the Premises at
any time if TERRAPIN CROSSROADS fails to cure a default within thirty (30) days. No act by
the CITY other than giving specific written notice to TERRAPIN CROSSROADS of the CITY's
intent to terminate TERRAPIN CROSSROADS's right to possession of the Premises shall be
necessary to terminate this Lease. Acts of maintenance to protect the CITY's interest under this
Lease shall not constitute a termination of TERRAPIN CROSSROADS's right to possession of
the Premises.
C. CITY's Right to Cure TERRAPIN CROSSROADS's Default. The
CITY, at any time after TERRAPIN CROSSROADS commits a default, may, but need not cure
the default at TERRAPIN CROSSROADS's cost. If the CITY at any time, by reason of the
TERRAPIN CROSSROADS's default, pays any sum or does any act that requires the payment of
any sum, the sum paid by the CITY shall be due immediately from TERRAPIN CROSSROADS
to the CITY at the time the sum is paid, and if paid at a later date shall bear interest at the
maximum rate an individual is permitted by law to charge from the date the sum is paid by the
CITY until the CITY is reimbursed by TERRAPIN CROSSROADS.
14. CITY'S ENTRY ON PREMISES.
The CITY, its officers, employees, agents & volunteers shall have the right to enter the
Premises at all reasonable times and on reasonable notice for any of the following purposes:
a. To determine whether the Premises are in good condition and whether
TERRAPIN CROSSROADS is complying with its obligations under this Lease.
b. To perform any necessary construction or maintenance and to make any
restoration to the Premises that the CITY has the right or obligation to perform.
C. To serve, post, or keep posted any notices required or allowed under the
provisions of this Lease or required by law.
15. NOTICE.
All notices and other communications required to or permitted under this Lease shall be
in writing and shall be conclusively deemed to have been duly given (1) when hand delivered to
the other party; or (2) three (3) business days after the same has been deposited in a United States
post office with first class or certified mail return receipt requested postage prepaid and
addressed to the parties as set forth below.
The CITY: CITY of San Rafael
Attention: CITY Clerk
1400 Fifth Avenue
San Rafael, California 94901
with copy to: CITY of San Rafael, Office of the CITY Attorney
1400 Fifth Avenue
San Rafael, CA 94901
CITY of San Rafael, Community Services Department
618 "B" Street
San Rafael, CA 94901
TERRAPIN CROSSROADS: Phil and Jill Lesh, Owners
Terrapin Crossroads
100 Yacht Club Dr.
San Rafael, CA 94901
Each party shall make an ordinary, good faith effort to ensure that it will accept or receive
notices that are given in accordance with this paragraph, and that any person to be given notice
actually receives such notice. A party may change or supplement the addresses given above by
giving the other party written notice of the new address in the manner set forth above.
16. NONWAIVER.
No delay or omission in the exercise of any right or remedy of either party shall impair
such a right or remedy or be construed as a waiver. Any waiver by either party of any default
must be in writing and shall not be a waiver of any other default concerning the same or any
other provision of the Lease.
17. ATTORNEYS' FEES.
If either party commences an action or suit against the other party arising out of or in
connection with this Lease, the prevailing party shall be entitled to have and recover from the
losing party reasonable attorneys' fees and costs of suit.
18. SURRENDER OF PREMISES; HOLDING OVER.
18.1. Surrender of Premises. On expiration of the term, or on termination of the term
as provided in the Lease, TERRAPIN CROSSROADS shall surrender to the CITY the Premises
and all improvements thereon in good condition, except for ordinary wear and tear. TERRAPIN
CROSSROADS shall remove all its personal property within thirty (30) days following
expiration or termination of the Lease. TERRAPIN CROSSROADS shall perform all restoration
to the Premises made necessary by the removal of any alterations or TERRAPIN
12
CROSSROADS"s personal property within the time periods stated in this section. The CITY
may elect to retain, or dispose of in any manner, any alterations or the TERRAPIN
CROSSROADS's personal property that TERRAPIN CROSSROADS does not remove from the
Premises prior to expiration or termination of the term as allowed or required by this Lease, by
giving at least ten (10) days' notice to the TERRAPIN CROSSROADS. Title to any such
alterations, or TERRAPIN CROSSROADS's personal property that the CITY elects to retain or
dispose of on expiration of the ten (10) -day period, shall vest in the CITY. TERRAPIN
CROSSROADS waives all claims against the CITY for any damage to TERRAPIN
CROSSROADS resulting from the CITY's retention or disposition of any such alterations to
TERRAPIN CROSSROADS's personal property. TERRAPIN CROSSROADS shall be liable to
the CITY for the CITY's costs for storing, removing, and disposing of any alterations or
TERRAPIN CROSSROADS's personal property. If TERRAPIN CROSSROADS fails to
surrender the Premises to the CITY on expiration of the term as required by this section,
TERRAPIN CROSSROADS shall defend, indemnify, protect, and hold the CITY harmless from
all damages, claims, or liabilities resulting from the TERRAPIN CROSSROADS's failure to
surrender the Premises, including, without limitation, claims made by a succeeding tenant
resulting from the TERRAPIN CROSSROADS's failure to surrender the Premises.
18.2. HoldinlZ Over. If TERRAPIN CROSSROADS, with the CITY's prior consent,
remains in possession of the Premises after expiration or termination of the term, or after the date
in any notice given by the CITY to TERRAPIN CROSSROADS terminating this Lease, such
possession by TERRAPIN CROSSROADS shall be deemed to be a month-to-month tenancy
terminable on thirty (30) days' notice given at any time by either party. All provisions of this
Lease shall apply to the month-to-month tenancy.
19. MISCELLANEOUS PROVISIONS.
19.1. General Conditions.
a. Time of Essence. Time is of the essence of each provision of this Lease.
b. Consent of Parties. Whenever consent or approval of either party is
required and no standard for that approval is specified herein, that party shall not unreasonably
withhold or delay such consent or approval.
C. Successors. This Lease shall be binding on and inure to the benefit of the
parties and their successors and assigns.
d. Non -Discrimination. TERRAPIN CROSSROADS shall not
discriminate, in any way, against any person on the basis of age, sex, race, color, religion,
ancestry, national origin or disability in connection with or related to the perfonnance of its
duties and obligations under this Lease.
19.2. Interpretation of Lease.
a. California Law; Venue. This Lease shall be construed and interpreted in
13
accordance with the laws of the State of California. Any and all actions to enforce this Lease
shall be conducted in the County of Marin, California.
b. Integrated Agreement; Modification. This Lease contains all the
agreements of the parties and cannot be amended or modified except by a written agreement
signed by the parties.
C. Captions; Table of Contents. The captions and the table of contents of
this Lease shall have no effect on its interpretation.
d. Singular and Plural. When required by the context of this Lease, the
singular shall include the plural.
f Severability. The unenforceability, invalidity, or illegality of any
provision of this Lease shall not render the other provisions unenforceable, invalid, or illegal.
f. Compliance. On behalf of CITY the San Rafael Park and Recreation
Commission shall annually review with TERRAPIN CROSSROADS the performance of both
parties for compliance and to resolve outstanding issues.
19.3. Taxes. TERRAPIN CROSSROADS is advised that this Lease may create a
possessory interest, or some other interest subject to taxation or assessment. TERRAPIN
CROSSROADS understands, acknowledges, and agrees that it is solely responsible for payment
of any and all applicable taxes.
19.4. Compliance with all Laws. TERRAPIN CROSSROADS shall observe and
comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the
performance of its duties and obligations under this Lease. TERRAPIN CROSSROADS shall
perform all services under this Lease in accordance with these laws, ordinances, codes and
regulations.
20. PROCEDURE FOR DISPUTES.
20.1. Mediation. Any dispute between the parties relating to the interpretation of the
Lease and/or enforcement of their rights and obligations under this Lease shall be referred to
mediation within thirty (30) days written notice of one party to the other. Mediation shall be
conducted by a mediator mutually agreed upon by the parties. If the parties cannot agree within
ten (10) calendar days of receipt of the Notice to Mediate, the presiding judge of the Marin
Superior Court shall appoint a mediator. The mediation shall be conducted within ninety (90)
days of appointment of the mediator. Costs of mediation shall be divided e ually between the
two parties.
Initials: CITY TERRAPIN CROSSROADS
IN WITNESS WHEREOF, this Lease is hereby executed in duplicate as of the date first
14
above written.
CITY OF SAN RAFAEL
A California Municipal Corporation
TERRAPIN CROSSROADS, LLP
A California �Limited Liability
PartnersU
By: B
G AVOO.P I LIPS, or
(
Title:
Dated: —q� ( `16) -1 -t__ Dated: 10?
ATTEST:
ESTHER BEIRNE, CITY Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTEI_ , CITY ttorney
15
Exhibit 2
Lease Agreement Between
City of San Rafael and Terrapin Crossroads
List of Sample Free Public Events to be provided by Terrapin Crossroads at Beach Park
1. Family Movie Nights
2. Sunday Afternoon Kid's Events (arts and crafts, music, hula hoops, bubbles,
games)
3. Festival of Kites - Make and fly your kite
4. Regular Children's Story Hour
5. Saturday afternoon Jazz
6. Remote Controlled Motor Sailboat Workshop and exhibition
7. Bocce Tournaments
8. Dog Shows
9. Campfire Sing-Alongs
10. Oktoberfest with dancers, singers and games
11. Easter Egg Hunt
12. Parade of Lights Viewing Party
17
Exhibit 3
Lease Agreement Between
City of San Rafael and Terrapin Crossroads
List of Improvements to Beach Park provided by Terrapin Crossroads
1. Renovation plan, submitted for approvals and permits, by a licensed Landscape Architect
2. Installation of a site perimeter construction fence
3. Demolition of existing bocce courts, volleyball posts, failing wood structures on site
4. Removal of dead palm trees
5. Removal of contaminated sand; replacement with decomposed granite surface
6. Installation of gated, ADA accessible personal water craft dock
7. Installation of two (2) bocce courts
8. Installation of seating and picnic facilities
9. Installation of permanent security fencing on site
10. Installation of children's swings, and'or play features with safety surfacing
11. Installation of landscape and irrigation system
18
CITY OF SAN RAFAEL
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OFA CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO.
DATE OF MEETING: September 2, 2014
SUBJECT: An Ordinance of the City of San Rafael Approving a Lease of Real Property Located
in the City Of San Rafael, Being a Portion of Assessor's Parcel No. 014-152-27 and
Commonly Known As "Beach Park", to Terrapin Crossroads, LLP
FROM: Carlene McCart
DEPARTMENT: Community Services
DATE: August 25, 2014
ment Head (signature)
*** *** *** *** *** *** *** *** *** *** *** *** *** *** *** ***
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM:
AGENDA ITEM:
City Manager ( ignature) City Attorney (signature)
NOT APPROVED
REMARKS: