HomeMy WebLinkAbout4.3 Extend Agreement Shannon Center CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 21 , 1987
SUBJECT Extension of Agreement for Lease of
Shannon Park Community Center
EXHIBITS ATTACHED A) Shannon Center Lease Agreement
B) Correspondence from DSRSD dated
December 16, 1987
C) DSRSD Resolution No. 49-87
D) Draft Resolution Approving
Extension of Lease Agreement
RECOMMENDATION Adopt Resolution Approving Extension of
Lease Agreement
FINANCIAL STATEMENT : None
DESCRIPTION At the October 14, 1985 meeting of the
Dublin City Council , the Council approved an agreement between
the City and the Dublin San Ramon Services District (DSRSD) to
lease the Shannon Park Community Center (Exhibit A) . As the
current lease agreement expires on December 31 , 1987 staff asked
DSRSD to consider extending the lease for, six months, through
June 30 , 1988 , at which time it is anticipated that transfer of
title to the property from DSRSD to the City will be complete.
Staff received correspondence from the General Manager from DSRSD
informing staff that the Board of Directors approved a six month
extension of the lease at their December 15, 1987 meeting
(Exhibit B) . A copy of the resolution adopted by the Board is
attached in " Exhibit C. Staff has prepared a similar resolution
for consideration by the City Council (Exhibit D) .
It is the recommendation of staff that the City Council adopt the
resolution which provides for a six month extension of the lease
agreement for the Shannon Park Community Center.
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COPIES TO:
ITEM NO. �
v .
• EXHIBIT A
AGREEMENT FOR LEASE OF
SHANNON PARK COMMUNITY CENTER
THIS AGREEMENT is made and entered into this 14th day of
October , 1985 by and between the CITY OF DUBLIN (hereinafter
"Dublin" ) , a municipal corporation, and the DUBLIN SAN RAMON
SERVICES DISTRICT ( hereinafter "District" ) , a political sub-
division of the State of California, based on the.. following -
understandings:
W I T N E S S E T. H:
WHEREAS, the Shannon Park Community Center is a facility
owned by the District and used for" public recreation and social
purposes; and
WHEREAS, the District desires to preserve the facility for
public use and foster an increase in the public recreational and
social programs; and
WHEREAS, Dublin has established a recreation department for
the purpose of organizing and increasing the number and quality
of recreation programs available for residents within the
boundaries of the District; and
WHEREAS, Dublin desires to lease Shannon Park Community
Center for use as the offices of the recreation department and
for use as a facility for public recreation and social purposes;
WHEREAS, the District agrees to provide a higher level of
maintenance than that heretofore provided under. prior agreements
and has hired a Maintenance Supervisor for this purpose;
NOW, THEREFORE, based on the foregoing mutual understandings,
Dublin and District agree as follows :
1. RESPONSIBILITIES OF DUBLIN.
For the term .of this Agreement, Dublin agrees to manage and
maintain the Shannon Park Community Center in the following
particulars :
a. Dublin shall plan, schedule, coordinate„ supervise
and evaluate all recreation and/or social programs
conducted on the premises of said facility.
b . Dublin shall schedule the use of the said facility
on the basis of "first come, first served", for
activities which are not sponsored by the City of
Dublin. All residents of the District shall be
Page 1
treated equally in terms of access to the facility.
Advertising of programs, services, availability,
etc. , of the Shannon Center site shall be conducted
equally within the District boundaries.
C. Dublin shall provide personnel to supervise all
programs and to maintain the facility as set forth
hereafter.
d. Dublin shall provide adequate security for the
premises 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.
e . Dublin shall be responsible for all utility service
within the building, including gas and electricity,
telephone, refuse removal, sewer, water service,
and pest control.
f. Dublin shall be responsible for the maintenance and
replacement, if necessary, of all items of
equipment listed on the inventory of personal
property and fixtures attached hereto as Attachment
1, which are damaged or lost and not caused by
normal wear. Normal wear shall be defined as the
loss of capacity given the age of the item and the
type of use . It shall not refer to destruction or
breakage caused by inappropriate use, intentional
destruction, or, negligence on the basis of the
user .
g . Dublin shall be responsible for the maintenance of
the interior of the buildings of the facility,
including the floors, walls, ceilings, doors and
windows, as defined in Attachment 2:
Page 2
h. Dublin agrees to be responsible for enforcing
and carrying out the code. provisions, ordinances
and regulations of the District as they relate to
the operation of the Center. Dublin further agrees
to adhere to the following conditions in operating
the Center.
1) Submitting written work orders to DSRSD to
perform needed repairs. This will help
determine responsibility of repair work
2 ) Keeping a supply of touchup paint for all
painted surfaces
3 ) Enforcing key checkout procedures and reporting
any missing keys
4 ) Insuring only Shannon users are utilizing
storage areas and instituting a yearly check of
these areas in December
5) Not allowing round tables downstairs
6) Allowing ample time between scheduled events to -
allow janitorial staff to perform necessary
duties . Janitorial staff may be required to
perform evening maintenance if needed for early
morning users
7 ) Assuring only round tables and brown chairs
will be allowed in the East. Room
8) Assure that attendants wear identifying
clothing
9 ) Keeping bridge clear of leaves and debris
10 ) Having staff enforce all rules
11) Reporting any vandalism or abuse in writing
• within twenty-four hours of the incident and
reporting occurrences to appropriate law
enforcement agencies . The District shall
receive copies of all incident reports
12) Providing district with copies of user
correspondence relative to complaints; meeting
with District representatives as needed to
review as appropriate
13 ) Repairing tables. damaged by user or attendant
abuse
14 ) Instituting a thorough facility item checkout
proceaure
15) Prohibiting removal of furnishings or any other
contents of the building without prior District
approval
i . The City of Dublin shall be responsible for setting
reasonable fees for use of the Community Center for
recreation and/or social programs conducted within
the facility. All individuals or organizations
residing or located within the boundaries of the
District shall be treated equally with respect to
fees charged for use of the facility.
Page 3
j . City is authorized to make minor modifications to
the Center to enhance its use as the administrative
offices of the Dublin Recreation Department and to
enhance its use for recreation programs conducted
at the Center. Such modifications include but are
not limited to an identification sign -on the
exterior and interior of the building, modification
of non-bearing partitions, etc. Such minor
modifications will be made at Dublin's expense and
with District's prior approval.
2 . RESPONSIBILITIES OF DISTRICT.
For the term of this Agreement, District agrees to
maintain the buildings and the grounds of said facility in
such a condition as to permit Dublin to conduct, without
disruption, all scheduled recreation and social programs.
Specific District responsibilities shall include the
following:
a. Replacing all overhead light bulbs (not covered by
Dublin)
b. Any. building or equipment repairs not damaged due to
tenant usage
c. Inspecting facility to determine whether agreement is
being upheld on a monthly basis. The District's
representative shall meet on a regular schedule with a
Dublin representative. A written evaluation sheet
shall be the outcome of this meeting to determine needs
of both agencies involved
d. Approving general activity uses allowable in each room
relative to safety and maintenance
e . Completely painting appropriate surfaces within the
facility
f. Maintain the facility in a structurally safe condition.
g. Maintain the building and that portion of the grounds
which are necessary for access to the building in a
safe condition.
Page 4
3 . CONSIDERATION FOR AGREEMENT. -
Dublin shall pay to District the sum of One Dollar ($1.00)
per year as and for rent for the Shannon Park Community Center.
Dublin shall receive all revenues generated from the use of the
facility.
4 . INSURANCE AND INDEMNIFICATION.
Dublin shall assume liability and pay all costs of defense,
including legal fees and court costs; and hold the District
harmless from loss, damages, costs or expenses caused by any
negligent or wrongful acts, errors, or omissions of Dublin's
employees, agents and subcontractors which may occur in the
performance of the terms , duties and obligations of this
Agreement. Dublin shall provide a certificate of insurance to
the District, to be included as part of this Agreement, which
will give evidence of general liability insurance of not less
than One Million Dollars ($1, 000, 000 .00) for personal injury,
accidental death and property damage. District shall be named as
an additional insured in any such liability insurance policy.
Dublin's insurance shall be designated as primary to any
insurance carried by the District. Dublin shall pay all premiums
for said insurance.
Dublin shall also provide the District with a certificate
of insurance, to be included as part of this Agreement, which
will give evidence that Dublin' s employees are covered by
worker's compensation insurance.
District shall assume liability and pay all costs of
defense, including legal fees and court costs, and hold Dublin
harmless from loss, damages, costs or expenses caused by any
negligent or wrongful acts, errors, or omission of District' s
employees, agents and subcontractors which may occur in the
performance of the terms , duties and obligations of this
Agreement.
Page 5
O
5. DESCRIPTION OF LEASED PREMISES.
The property, which is the subject of this Lease Agreement,
is the building known as Shannon Park Community Center, . 11600
Shannon Avenue, Dublin, California 94568.
6. TERM OF AGREEMENT.
The term of. this Agreement shall be from January 1, 1986,
to December 31, 1987 . This Agreement may be renewed in writing by
both -parties at any time prior to December 1, 1987 . This
Agreement may be cancelled by either party by written notice to
the other party at least thirty (30) days prior to the date of
termination.
7 . AMENDMENTS.
The terms of this Agreement may be amended with written
consent of both Parties.
8. DISCRIMINATION.
District and Dublin shall neither discriminate nor
permit discrimination against any person or group of
persons on the ground of race, color, sex, age, national
origin, religion or marital status in any manner prohibited
by law. Non-compliance with this paragraph shall
constitute a material breach, and the other party may
terminate this Agreement.
9 . NOTICES.
Any written notices to the parties hereto shall be
sufficient if they are deposited in the United States Post
Office, in envelopes, postage prepaid by registered or certified
mail, and addressed as follows:
DUBLIN: City Manager
City of Dublin
6500 Dublin Boulevard
Suite 101
Dublin, California 94568
DISTRICT: General Manager
Dublin San Ramon Services District
7051 Dublin Boulevard
Dublin, California 94568
Page 6
r
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in duplicate at Dublin, California, the day and year
first above written.
CITY OF DUBLI
By
' Mayor
City CVe roc\
v DUBLIN SAN RAMON SERVICES DISTRICT
By
P esident of o rd of Directors
ATTEST:
Secs; tary
Page 7
EXHIBIT B
DUBLIN SAN RAMOIN] E VI -S DISTRICT
General Offices: 7051 Dublin Boulevard v Dublin, California 94568_9 (415) 828-0515
December 16, 1987
Mr . Richard Ambrose , City Manager
City of Dublin
P. 0 . Box 2340
Dublin, CA 94568
Dear Richard:
Enclosed is a certified copy of Resolution No . 49-87,
adopted by the District 's Board of Directors at its
regular meeting of December 15 , approving the extension of
the lease agreement for operation of Shannon Park
Community Center through June 30, 1988, as you requested
in your letter of November 30. The Board also voted to
waive the $1 .00 annual rent as requested.
Very truly yours,
encl . ROBERTA JESSING
Assistant to the
General Manager
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EXHIBIT C
A
RESOLUTION NO. 49-87
RESOLUTION OF THE BOARD OF DIRECTORS OF THE DUBLIN SAN RAMON SERVICES
DISTRICT APPROVING AND AUTHORIZING EXTENSION OF LEASE AGREEMENT WITH CITY
OF DUBLIN FOR OPERATION OF SHANNON PARK COMMJNITY CENTER
WHEREAS, it is the intent of this Board to continue to seek means of
providing park and recreation services to the citizens of the District
and of preserving the public use of major District park and recreation
facilities; and
WHEREAS, agreement has been readied between this Board and the City r
Council of the City of Dublin for the transfer of title to Shannon Park
Community Center from this District to said City on July 1; 1988; and
WHEREAS, the City of Dublin wishes to extend the current Agreement to
Lease Shannon Park Community Center, located at 11600 Shannon Avenue,
Dublin, California, through June 30, 1988;
NOW, THEREFORE, BE IT RESOLVED that the Lease Agreement between this
District and the City of Dublin for operation of Shannon Park Community
Center is hereby extended for a period of six (6) months, through June
301 1988, in accordance with the letter dated November 30, 1987, from the
City Manager of the City of Dublin, copy of which is attached hereto,
marked "Exhibit All and made a part hereof.
ADOPTED by the Board of Directors of the Dublin San Ramon Services
District, a public agency in the State of California, Counties of Alameda
and Contra Costa, at its regular meeting held on the 15th day
of December 1 1987, and passed by the following vote:
AYES: 4 - Directors Jeffrey G. Hansen, Donald M. Schinnerer,
G.T. (Tom) McCormick and Joseph Covello
NOES: 0
ABSENT: 1 - Director Richard .H. Fahey
SEPH OWLLO, President
ATTEST:
':ERTiFIED AS A TRUE AND CORRECT CORY OF
R EERTA JE 5 G, Secretary' fHE ORIGINAL ON FILE IN THE OFFICE OF
DUBLIN SAN RAMON SERVICES DISTRI.C_Z
Junta
ry
GC� 1 ►987
'01 DI
CITY OF DUBLIN _
P.O. Box 2340 DUBLIN, CALIFORNIA 94568
CITY OFFICES November 30, 1987
6500 DUBLIN BLVD.
ADMINISTRATION
829.4600 Mr. Paul Ryan, General Manager
Dublin San Ramon Services District
BUILDING INSPECTION 7051 Dublin Boulevard
829.0822 Dublin, CA 94568
Dear Paul:
CITY COUNCIL
829.4600 The purpose of this correspondence is to inform you of the City's
desire to renew the lease agreement for the Shannon Community
CODE ENFORCEMENT Center. Attached is a copy of the current lease for your
829-0822 consideration.
Our present lease expires December 31, 1987. We would like to
ENGINEERING extend the lease for six months, through June 30, 1988, at which
829-4927 time the title of the property will be transferred to the City of
Dublin. We are suggesting that the terms of the lease remain the
FINANCE same, however, we ask that the $1.00 per year rent be waived.
829.6226
If your board would consider our request at your next regularly
scheduled meeting, this should allow adequate time to execute the
PLANNING necessary paper work prior to December 31, 1987 . Please don't
8294916 hesitate to call if you have any questions or comments .
POLICE Sincerely,
829-0566
PUBLIC WORKS Vrdj�
829-4927 R C. A m se
City Manager
RECREATION Attachment
829-4932
cc w/o Attach: Diane Lowart, Recreation Director
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SIT A
RESOLUTION NO. -87
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF. DUBLIN
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A RESOLUTION APPROVING AND AUTHORIZING EXTENSION OF
.LEASE AGREEMENT WITH DUBLIN SAN RAMON SERVICES -DISTRICT "
FOR OPERATION OF SHANNON PARR COMMUNITY CENTER
WHEREAS, the City of Dublin has leased the Shannon Park
Community Center from the Dublin San Ramon Services District
(DSRSD) since July of 1984 for use as offices of the recreation
department and for use as a facility for public recreation and
social purposes; and
WHEREAS, the current Lease Agreement expires on December 31 ,
1987 ; and
WHEREAS, agreement has been reached between the City of
Dublin and DSRSD for the transfer of title to Shannon Park
Community Center from DSRSD to the City on July 1 , 1988; and r
WHEREAS, on December 15 , 1987 , the Board of Directors of
DSRSD approved extension of the current Lease Agreement * for a
period of six (6 ) months, through June 30, 1988 ;
NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the
City of Dublin does hereby approve extension of the Lease
Agreement between the City of Dublin and the Dublin San Ramon
Services District for operation of the Shannon Park Community
Center for a period of six months ( 6 ) , through June 30, 1988
(Exhibit A) .
PASSED, APPROVED AND ADOPTED this th day of ,
198
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk