HomeMy WebLinkAboutItem 7.1 Historical Preservation Assoc Report CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 12, 1991
SUBJECT Dublin Historical Preservation Association
Status Report (Report by Diane Lowart,
Recreation Director)
EXHIBITS ATTACHED o Lease Agreement
RECOMMENDATION Direct Staff to arrange a meeting of the
��/(, interested parties regarding the history
and culture study group.
FINANCIAL STATE4ENT : $16 , 140 has been included in the FY 91-92
Budget for DHPA
DESCRIPTION The purpose of this report is to update the
City Council on the status of the lease agreement between the Dublin
Historical Preservation Association (DHPA) and the Dublin Cemetery, as
well as the proposed study group to consider how best the history and
culture of Dublin can be promoted.
Lease Agreement
At the June 27, 1991 meeting of the Dublin City Council , the Council
considered a request for funding in the amount of $16 , 140 from DHPA to
refurbish the Old Murray School as well as update and reprint the
book, "Dublin Reflections" . The request for funding was approved
provided a lease agreement with the Dublin Cemetery could be secured
within 30 days, or by July 31, 1991 . Attached is a copy of the
executed lease agreement between the two parties which was entered
into on July 23 , 1991.
c.
As per City Council direction, all invoices for work done in
conjunction with the repairs to fhe Old Murray School building and the
reprinting of the "Dublin Reflec .ions=" book must be submitted to the
City for advance approval. Upon completion of the work, City checks
will be made payable on a duel basis to the contractor and DHPA.
History and Culture Study Group
At the June 11 , 1991 meeting of the Dublin City Council, the Counci-1
received a proposal from the DHPA for formation of a study group to
consider how best the history and culture of Dublin can be promoted.
As directed by the Council , Staff was to contact the Dublin Cemetery,
the Dublin Fine Arts Foundation and the Livermore-Amador Valley
Historical Society to request that they review the proposal and
consider attendance at an informal meeting to discuss the future of
the Dublin Heritage Center.
All three groups have indicated that they would be willing to meet.
Thus, it is recommended that the City Council direct Staff to arrange
a meeting date that is suitable for all concerned parties.
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ITEM NO. COPIES TO: Dublin Historical Preservation
Association
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LEASE AGREEMENT
THIS LEASE is entered into this y. � day of
1991, by and between the DUBLIN CEMETERY, a
California non-profit corporation (hereinafter referred to as
"Cemetery") , and the DUBLIN HISTORICAL PRESERVATION ASSOCIATION,
a california non-profit corporation (hereinafter referred to as
"Association") . The following facts give rise to this Lease:
A. It is acknowledged by and between the parties that on
October 16 , 1975, an agreement was entered into between Cemetery
and Association. In that agreement, Cemetery agreed to lease to
Association a portion of real property large enough to
accommodate the Murray Schoolhouse. The schoolhouse and an
outbuilding were moved onto the site on or before November 1,
1975 .
B. Under the terms of=;the agreement, Association leased,
for a period of 99 years, that area of real property sufficient
to hold the Murray Schoolhouse. This real property was a portion
of that real property commonly known as:
REAL PROPERTY IN THE TOWNSHIP OF PLEASANTON.
UNINCORPORATED, COUNTY OF ALAMEDA, STATE OF
CALIFORNIA. DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERN TERMINUS OF THAT CERTAIN
CURVE HAVING A RADIUS OF 50 FEET CONNECTING THE
SOUTHWESTERN LINE OF DONLON WAY, FORMERLY FOOTHILL
ROAD, ALSO KNOWN AS THE ROAD FROM DUBLIN TO SUNOL.
WITH THE SOUTHEASTERN LINE OF THE STATE HIGHWAY FROM
HAYWARD TO LIVERMORE, AS SAID HIGHWAY, LINE AND CURVE
ARE DESCRIBED IN THE DEED FROM FELIX FERRERO AND WIFE,
TO THE STATE OF CALIFORNIA, DATED MAY 20, 1930, AND
RECORDED AUGUST 13 , 1932 , IN BOOK 2867 OF OFFICIAL
RECORDS OF ALAMEDA COUNTY, PAGE 76: RUNNING THENCE
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SOUTHEASTERLY ALONG SAID LINE OF DONLON WAY, SOUTH 25
DEGREES 25 FEET
30 INCHES 325 . 39 FEET, MORE OR LESS, TO THE SOUTHERN
LINE OF THAT CERTAIN 1. 77 ACRE PARCEL OF LAND DESCRIBED
IN DEED FROM LOUIS BIANCHI AND JOSEPHINE BIANCHI , TO
FELIX FERRERO, RECORDED AUGUST 15, 1919 , IN BOOK 2808
" OF DEEDS, PAGE 11, ALAMEDA COUNTY RECORDS, THENCE
CONTINUING ALONG SAID LINE OF DONLON WAY SOUTH 25
DEGREES 25 FEET 30 INCHES EAST 174 . 00 FEET TO THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION, THENCE LEAVING
LAST SAID LINE SOUTH 64 DEGREES 34 FEET 30 INCHES WEST
107 . 00 FEET; THENCE SOUTH 25 DEGREES 25 FEET 30 INCHES
APPROXIMATELY 166. 00 FEET; THENCE NORTH ALONG CREEK
LINE TO POINT OF INTERSECTION WITH DONLON WAY. THENCE
ALONG SAID LINE OF DONLON WAY NORTH 25 DEGREES 25 FEET
30 INCHES WEST APPROXIMATELY 227 . 00 FEET TO THE TRUE
POINT OF BEGINNING.
C. The consideration to be paid from Association to
Cemetery for the Perpetual Care Fund and for the upkeep and
maintenance of the Cemetery is outlined in Paragraph 3 below.
D. The original agreement was for the lease of a parcel
76 ' x 80 ' , but later increased to 240 ' x 107 ' as shown on
a.
Exhibit "A" , attached hereto and made a part hereof.
The parties hereb ` .9ree as follows:
1 . Cemetery hereby leases to Association that real
property outlined in .red in Exhibit "A" , attached hereto and made
a part hereof. -�
2 . The term of this Lease shall be for a period of 99
years, in two (2) lease periods, as follows:
(a) The first lease period shall commence October 6 ,
1975 and shall end October 5, 1995. The rent for the first
period of said lease shall be TEN THOUSAND ($10, 000 . 00) DOLLARS ,
payable FIVE HUNDRED ($500 . 00) DOLLARS per year on the 6th day of
October of each year until the entire $10, 000 . 00 has been paid.
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The original area under lease for twenty (20) years was 76 ' x
801 , which has now been superceded by the area shown in red on
Exhibit "A" ; and
(b) The second term of this lease shall be for a
period of seventy-nine (79) years, commencing on October 6, 1995
and ending October 5 , 2074 . There shall be no rent for the
second period of this lease, but the consideration shall be the
upkeep and maintenance of the Murray School , and further, the
agreement between Association and Cemetery, to allow Cemetery, or
its successors in interest, the quiet enjoyment of the balance of
the property owned by Cemetery.
3 . All of -the following terms and conditions shall apply
to both lease periods .
4 . Association shall be responsible for the upkeep,
maintenance and repair of the Murray Schoolhouse and the grounds
surrounding the schoolhousei�74.5- shown in red on Exhibit "A" .
Association shall also be responsible for the upkeep, maintenance
and repair of any and all improvements made by Association at,
in, or about the Murray Schoolhouse. Association shall also - -°
maintain, repair and upkeep the water line installed by
Association. With regard to the water line, Cemetery grants to
Association an easement as shown in blue on Exhibit "A" .
Cemetery has the absolute right to move said easement and to
enjoy and use the benefits of said water line if deemed necessary
by Cemetery.
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5. Association shall be responsible for its own
utilities, including, but not limited to, gas, electricity,
water, and sewage.
6. Association shall maintain and keep in effect a One
Million ($1, 000, 000. 00) Dollar or more liability insurance
policy covering any and all acts and/or omissions occurring on
the leased property and adjoining cemetery area as may be used by
Association. Said insurance coverage shall be reviewed for
increase or decrease every five (5) years taking into
consideration the beginning policy limits and the cost-of-living
increase or decrease.
7 . Association agrees to indemnify, defend, and hold
Cemetery harmless from any claims brought against Cemetery, its
Board of Directors and/or officers, resulting from the acts
and/or omissions of Association or its guests, or the alleged
acts and/or omissions of AV-99iation and/or its guests.
8 . Cemetery agrees to indemnify, defend, and hold
Association harmless from any claims brought against Association,
its Board of Directors and/or officers, resulting from the acts'
and/or omissions of Cemetery or its guests, or the alleged acts
and/or omissions of Cemetery and/or its guests.
9 . Since Association and Cemetery both are dedicated to
preserving the heritage of the area, including the history of
the early settlors, history tours and educational programs may be
held at the site with the consent of both parties.
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10. The present barbecue pit may be converted to a planter
or relocated within the Lease area shown in red on Exhibit "A" .
Cemetery may continue to share the outbuilding with Association
for storage purposes. The wooden outbuilding may either be
relocated on the Lease area or left as is on Cemetery property.
These changes will restore Cemetery property to the
original intent for full use as a cemetery and for the
preservation of its historical importance.
The old Murray Schoolhouse operated by the Dublin
Historical Preservation Association shall continue to provide the
historical facts for the area and allow interested parties to
visit grave sites of the Dublin founders.
11 . This Lease agreement is intended to restate the intent
of the Cemetery and Association and shall be a full and final
settlement of all prior disputes between the parties.
12 . This Lease shall :pe'•�-interpreted under the laws of the
State of California.
13 . If any portion of this Lease is found to be
unenforceable by a court with property jurisdiction for any
reason, the balance of this Lease shall remain in full force and
effects.
14 . In any litigation between the parties to enforce any
provisions or right under this Lease, the unsuccessful party
covenants and agrees to pay to the successful party all costs and
expenses incurred by the prevailing party in connection with the
tv= litigation including, but not limited to, reasonable attorneys ' fees.
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15 . The undersigned members of the Boards of Directors of
Cemetery and Association, have read this Agreement and Exhibit "A"
and understand the content thereof, and agree to be bound thereby.
Prior to entering into this Lease, a resolution was made by each
respective Board of Directors granting the undersigned the authority
to enter into this Lease.
16. This Lease shall be binding upon and inure to the benefit
of Cemetery and Association, and their respective heirs, personal
representatives, successors and assigns. Association may not assign
its rights and obligations under this Lease to any other party
without permission from Cemetery.
FOR CEMETERY
Dated: .
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Dated:
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FOR ASSOCIATION
Dated:
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Dated:
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15. The undersigned members of the Boards of Directors of
Cemetery and Association, have read this Agreement and Exhibit "A"
and understand the content thereof, and agree to be bound thereby.
Prior to entering into this Lease, a resolution was made by each
respective Board of Directors granting the undersigned the authority
to enter into this Lease.
16 . This Lease shall be binding upon and inure to the benefit
of Cemetery and Association, and their respective heirs, personal
representatives, successors and assigns. Association may not assign
its rights and obligations under this Lease to any other party
without permission from Cemetery.
FOR CEMETERY
Dated:
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Dated:
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Dated:
FOR ASSOCIATION
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