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Home My WebLink About4.06 FallonSchoolLeaseDUSD : ,.~' ......... '"CITY OF DUBLIN ........ ..... ':-''.~,, ' AGENDA STATEMENT .. CITY COUNCIL MEETING DATE':" ~NoVember 10,"-'I986 SUBJECT : _Agreement for Lease of Fallon School Multipurpose Facility EXHIBITS ATTACHED :. ReSolution; Lease Agreement RECOMMENDATION ~ 1) Adopt Resolution approving agreement and ~' authorizing Mayor to execute said agreement w/DUSD 2) Authorize a budget transfer from the Contingent Reserve ~n the amount of $800 to the Recreation Rental account FINANCIAL STATEMENT: The terms of the.!gase ~agreement would provide that the ci'ty Will pay a total of $1200 per year to lease the facility and in addition, the City would be responsible for all interior and exterior maintenance costs. Sufficient funds have been budgeted for these maintenance costs. Th~_City has also received approval for a Senior Citizen Grant which would cover the cost of rehabilitating the facility. DESCRIPTION : In accordance with, previous City Council direction, Staff has negotiated a lease agreement with the Murray School District for the lease of the Fallon Schoo.~._~ul.~irPurpose facility (see attached). The lease agreement' provides that the City would lease the Fallon School Multi-Purpose facility from 1986 to 1996 at a cost of $100 per month. The City would be responsible for providing security alarm service, utility services, and maintenance and repair of the interior and exterior of the building. The lease-agreement authorizes the' City to make any modifications to the building that it deems necessary to accommodate the building's use as a senior citizen center. The ._School District is _..~.~quired to maintain the landscaping in the front of ~'~ ....... ~~ ........ as well as the walkways immediately adjacent to the building in good condition; to designate 18 off-street parking spaces for the facility for the exclusive use of the City; and to provide adequate pedestrian _access from the multi-purpose facility to Kolb Park, in accordance with the conditions of approval of the Fallon School Site Tentative Map. The Murray School District Board of Trustees approved the agreement at its meeting of November 3, 1986. Their approval is subject to approval by Alameda County Counsel and the. Sta~t~ of _.Ca!ifQrnia_.Department of Education Office of Local Assistance... Staff will work closely with the State Office of Education to make certain that the state Uhderstands the need for this facility in our community. It is Staff's recommendation that the .City Council adopt the resolution approving the agreement authorizing the MayQ?.,,....to execute the agreement and approve a budget transf~e'~~ in the amount o~"~'"~00~ ' COPIES TO: Murray School District ITEM NO. · " . ~ ,,-~ .~ . ~ .... RESOLUTION NO. ' ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT FOR LEASE OF THE FALLON SCHOOL MULTI-PURPOSE FACILITY WHEREAS, the City is desirous of leasing the Fallon School Multi-Purpose facility for use~as a Senior Citizen Center; and WHEREAS, the City has received approval from the State of California for grant funding under'the Citizen Citizen Bond Act to refurbish the Fallon School Multi-Purpose facility; and WHEREAS, in June of 1986, the Dublin City Council directed Staff to pursue the negotiation of a lease with the Murray SchoOl District for the Fallon School Multi-Purpose facility; and WHEREAS, the City Council has reviewed an agreement for lease negotiated by City Staff with the Murray School District for the lease Qf the Fallon School Multi-Purpose facility. NOW, THEREFORE, BE IT RESOLVED that the. City Council of the City.of Dublin approves the terms of the lease agreement and authorizes the Mayor to execute said agreement. PASSED, APPROVED AND ADOPTED this 10th day of November, 1986. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk AGREEMENT FOR LEASE OF SC~OOL MULTIPURPOSE FACILITY THIS AGREEMENT is made and entered into this 3rd day of November , -1986 by and between the CITY OF DUBLIN (hereinafter' referred to as "CITY"), a municipal corporation, and the MURRAY SCHOOL DISTRICT (hereinafter referred to as "DISTRICT"), a political~ubdivision of the State of ! California, based on the following understandings. WITNESSETH WHEREAS, the Fallon School Multipurpose Facility is a facility owned by the District and was used for educational purpose until 1986 ; and WHEREAS, the Distric{ has notified the City that the Fallon School Multipurpose Facility is considered surplus property and no longer is needed for educational purposes; and WHEREAS, the City desires to lease the Fallon School Multipurpose · Facility for use as a senior citizen center and thus maintain the facility as a community facility; NOW, THEREFORE, based on the foregoing mutual understandings, the City and District agree as follows: 1. RESPONSIBILITIES OF CITY For the term of this Agreement, City agrees to manage and maintain the Fallon Multipurpose Facility in the following particulars: a. City shall plan, schedule, coordinate, superuise, and control all recreation and/or social programs conducted on the premises of said facility b. City shall provide adequate security for the facility and shall be responsible for and hold District harmless from any damage which is the proximate result of a breach of premises security. Security service shall consist of security alarm service and police patrol. c. City shall be responsible for all utility service associated with the facility, including gas and elec%ricity, telephone, refuse removal, sewer & water service; as well as pes~t control service. Page 1 n~. ~ ~:..,~:'i:~ ~ ? -::.,:. ~.<~i .~::~ ~';~. d.~ :.:: City shal 1:. b~:' :,respons ibl e' for :the mainte~a'nce ?and r~pai~ of the interior.and exterior of.the building and all mechanical equipment associated with the building. · ..~:-~ \ . e. City is authorized to make any modifications to the building, it deems necessary to accommodate the building~ use as a Senior Citizen Center, including but not limited to: 1.) Bring buildingS-into compliance with Title 24 of the Uniform Building Code. 2.) Renovate restrooms. 3.) Remove basketball standards, cafeteria seating, and other equipment ~s necessary. 4.) Install interior walls/dividers where needed. 5.) Replace windows, doors, and draperies, etc. 6.) Rewire of electrical panels to separate the power at the facility from the remainder of the school. 7.) Install sign identifying the facility as a City facility. 8.) Painting of the building. 9.) Roof repairs. 2. RESPONSIBILITIES OF DISTRICT a. The District shall maintain the landscaping on Lot 19 in front of the building, as well as those walkways immediately adjacent to the building in good condition. b. The District shall designate eighteen (18) off street parking spaces for the facility for the exclusive use of the City in close proximity to the build%ng. Access to these parking spaces shall be provided as indicated in Condition No. 21 of the Dublin Planning Commission Resolution No. 86-053. c. The District shall provide adequate pedestrian access from the Facility to Kolb Park as provided for in Condition No. 18, 20, and 21 of the Dublin Planning Commission Resolution No. 86-053 approving Tentative Map 5616. \ Page 2 . CONSIDERATIOB FO '~"' . 'rict the sum 0~ v.~. City shall, pay ~I -~e Fallon Multlpur~°~= .L. · for rent o~ t~L · . ._~ as and ' ~ use of the 100) per monU~ es generated from receive all revenU , 4. ~ liability ~nd pay all costs of defense Dublin shall assume ~ District harmless from uncluding 1~gal fees and court costS, and hold the costS, or expenses caused by any negligent or wrongful actS, loSS, damageS, 'n' employeeS' agents and subcontract°rs_of this which errorS, or omissions of Dubll s may occur in the performance of the termS, duties and obligations and pay all costs of defense, Agreement' District shall assume liability and hold Dublin harmless from losS, including legal fees and court costSf . wrongful actS,, errorS, damageS, costs or expenses caused by any negligent or or omission of District'S employeeS' agents and subCOntractorS which may occur in the performance of the termS, duties, and obligations of this ' F~ is Agreement' SCBIPTION O 5. '~__~;~h is the'subDect of this lease Agreement The property wnm~ Multipu~p°se Facility consisting-Of the building known as the Fallon School approximatelY. 6,213 square feet. of floor space located on the Fallon SchoOl site at 7425 Larkdale Avenue be for a period of ten The term of the agreement shall 1986 and ending on _ltP3~~ · - on Novem~b~~' - = at any time prior to -ommeBcl~g ~ ' -~ ~r cancelleu . years u ..... a- be reneweu 1996- Th' eement m ~ . d District agree in writing ms Agr .... ovided that both CmtY an ~ -m~TE OF CAL~----'" from the senior citizen ' 7. ~ u~ing grant funds , of The City will be Bond Act to renovate the FacilitY' AS a condition of the city s receipt these fundS, the following provisions are required by the state of california as part of this lease agreement' a.) The State of california shall be entitled to recapture portion of state funds from the owner of a facility if within 10 years aft acquisition and renovation either of the following occurS: page 3 1) ~'~e owner-of the facility ce~-~es to be a public or nonprofit agency-. ...... '~'~ 2) The facility is no longer used for senior center -activities. b.) The amount recovered Shall be that proportion of the current value of the facili~Y'equal' t°'the proportion of state, funds contributed to the original cost. The current Value of the facility shall be determined by an agreement between the owner of the facility and the State of California, or by an action in the~.~, court in the jurisdiction in which the facility is located. 8. AMENDMENTS The terms~of this Agreement may be amended with written consent of both Parties. 9. NOTICE~ Each party shall be responsible for notifying the other party of any action which would impact the use of the Fallon Multipurpose Room or School District facilities, as well as any action related to the terms of this lease. All notices shall be deposited in the United States Post office, in envelopes, postage prepaid by registered or certified mail, and addressed as follows: City: City Manager City of Dublin P. O. Box 2340 Dublin, CA 94568 District: Superintendent of Schools Murray School District 7416 Brighton Drive Dublin, CA 94568 10. AGREEMENT This agreement is subject to approval by the Alameda County Counsel as to the form of the agreement. 11. AGREEMENT This agreement is subject to approval by the State of Californi Department of Education, office of Local Assistance. The referenced agency being the lein holder of the property. _Page 4 _~.~IN WITNESS W~REOF, the parties hereto b~¥e execUted thi~.-Agr, eement ~ in duplicate at Dublin, California, the day and year first above written. Mayor-. President, Board Of Trustees ATTEST: ATTEST: City Clerk Clerk of the Board of Trustees Page 5