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HomeMy WebLinkAboutItem 5.1 DHPA OrignlMurraySchlhse (2) . . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 25, 1993 SUBJECT . . written Communication: Letter from Dublin Historical Preservation Association (DHPA) regarding original Murray Schoolhouse Report by Diane Lowart, Recreation Director A.~correspondence from DHPA President, fieorgean Vonheeder B.~Donation of Original Murray Schoolhouse and Assignment of Lease C.~Lease Agreement between Dublin Cemetery and DHPA D.~Draft Lease Agreement between City and DHPA EXHIBITS ATTACHED : I RECOMMENDATION(fv. ../.':~,12 . " '//' V . Accept donation of schoolhouse Approve Interim Lease Agreement and authorize Mayor to execute same FY 93-94 Heritage Center Budget: utilities................$ 1,200 Grounds Maintenance......$ 6,476 Building Maintenance.....$ 2,074 DESCRIPTION : Correspondence has been' received from Georgean Vonheeder, President of the Dublin Historical Preservation Association (DHPA), confirming DHPA's intention to donate the Original Murray Schoolhouse to the City of Dublin and requesting that the City grant an interim use permit to DHPA for use of the schoolhouse until such time that the Heritage Task Force develops recommendations on how to operate the Heritage Center (Exhibit A). FINANCIAL STATEMENT : BACKGROUND At the February 8, 1993 meeting of the Dublin City Council, the Council approved agreements with the Amador-Livermore Valley Historical Society and the Dublin Cemetery, Inc. for purchase of the Old st. Raymond's Church and the Dublin Cemetery. Escrow on these two properties has now closed and title has transferred to the City. Also discussed at this meeting was the donation of the Original Murray Schoolhouse from DHPA, but the Council took no action to accept the donation nor did they act on the request from DHPA for a lease of the schoolhouse. In order to complete the transition of the Heritage Center to the City, it is necessary for the City Council to accept the donation of the schoolhouse and to address the request fromDHPA for an interim lease of the schoolhouse. DONATION OF ORIGINAL MURRAY SCHOOLHOUSE In June of 1992, the City received a signed statement from former DHPA President, Marie Cronin, donating the Original Murray Schoolhouse to the City of Dublin (Exhibit B). In addition, as the schoolhouse is located on property leased to DHPA by the Dublin Cemetery, the statement assigned the rights under the lease to the City of Dublin. Per Government Code Section 37354, it is recommended that and contributions be formally accepted by the City Therefore, it is the recommendation of Staff that the City accept the donation of the Original Murray Schoolhouse from all gifts Council. Council DHPA. --------~--~------------------------------------------------------- ITEM NO.~ COPIES TO: Georgean Vonheeder, DHPA President Heritage Task Force CITY CLERK FILE ~ . . PROPOSED INTERIM LEASE AGREEMENT Prior to acquisition of the Dublin Cemetery and the original Murray Schoolhouse, Dublin Cemetery, Inc. and DHPA had a lease agreement which allowed DHPA to lease a portion of the Dublin Cemetery for the schoolhouse building (Exhibit C). A condition of the Purchase Agreement between the city of Dublin and the Dublin Cemetery, was that the Cemetery assign its rights under the lease to the City upon the close of escrow. As DHPA also assigned the rights under the lease to the City, the conditions of the previous lease agreement are no longer in effect. As stated in the interim lease for that the lease be DUblin Cemetery modifications. attached correspondence, DHPA is requesting an the Original Murray Schoolhouse. DHPA has suggested patterned after the aforementioned lease between the and DHPA, however, they are requesting several staff has summarized the terms and conditions of the lease agreement between the Dublin Cemetery and DHPA and, in addition, has identified the modifications suggested by DHPA. Conditions of Previous Lease Agreement Between Dublin Cemetery & DHPA 1. Cemetery leased to DHPA a portion of real property large enough to accommodate the schoolhouse (240' x 107'). 2. The term of the agreement was for 99 years (through 2074). 3. DHPA paid $500 annual rent through 1995 for the Cemetery's Perpetual Care Fund and for the upkeep and maintenance of the Cemetery. 4. DHPA had responsibility for the upkeep, maintenance and repair of the schoolhouse and the grounds surrounding the schoolhouse, as well as any improvements made in or about the schoolhouse. 5. DHPA had responsibility for the upkeep, maintenance and repair of the water line installed by DHPAi Cemetery had the right to use the benefits of the water line. 6. DHPA had responsibility for utilities, including, but not limited to, gas, electricity, water, and sewage. 7. DHPA had responsibility for maintaining a one million dollar liability insurance policy. Modifications Proposed by DHPA for Lease Agreement Between City & DHPA 1. City waives the $500 annual rent payment. 2. City assumes responsibility for the upkeep, maintenance and repair of the schoolhouse and the grounds surrounding schoolhouse. 3. City assumes responsibility for utilities, including, but not limited to, gas, electricity, water, and sewage. 4. DHPA maintains responsibility for janitorial services for the interior of schoolhouse. 5. DHPA maintains responsibility for the upkeep, maintenance and repair of the water line installed by DHPAi City has the right to use water as needed for maintenance and upkeep of Heritage Center. STAFF ANALYSIS OF PROPOSED MODIFICATIONS Staff has prepared an analysis of the modified terms and conditions of the proposed lease between the City and DHPA. $500 Annual Staff would DHPA will interior of Staff had schoolhouse Rent Payment recommend that the City waive this payment. Assuming that have the responsibility for janitorial services for the the schoolhouse, the City will experience a cost savings. originally estimated that janitorial services for the would be $600 per year. Responsibility for Upkeep, Maintenance and Repair of Schoolhouse and Grounds Staff would recommend that the City assume this responsibility in order to protect the City's investment and to protect the City from potential liability. However, Staff would recommend that DHPA have the responsibility for janitorial services for the interior of the schoolhouse. . . Responsibility for Utilities: Responsibility for Upkeep. Maintenance and Repair of Water Line staff would recommend that the City and DHPA share equally in the cost of utilities as both the City and DHPA derive a benefit from the utilities. It is estimated that the cost to the City for utilities would be $75 per month. Currently DHPA pays an average of $123 per month for electricity for the schoolhouse and the exterior parking lot lights. Prior to the time that the parking lot lights were turned on, the electric bill was approximately $63 per month. As the parking lot lights were turned on as a means to deter vandalism to the buildings and grounds, Staff feels that it is reasonable to assume the responsibility for one-half of the cost. With regards to water and sewer, the bill runs approximately $45 every two months. Water is used primarily by the schoolhouse but there are occasions where the City would need to have access to water for maintenance of the grounds. It should be noted that there is not a water meter on the Heritage Center grounds; water is metered and piped from property that DHPA owns adjacent to the kennel on the opposite side of the creek. Consequently, Staff would recommend that DHPA have responsibility for maintaining the water line. STAFF RECOMMENDATION At the August 23, 1993 meeting of the Dublin City Council, the Council appointed representatives to the Heritage Task Force. The purpose of the Heritage Task Force is "to determine the best way to operate programs at the Heritage Center". Staff anticipates that the recommendations of the Task Force will be presented to the City Council in February of 1994. As the city has not yet determined how the Original Murray Schoolhouse should be operated, it is recommended that an interim lease agreement be granted to DHPA. In addition to the terms and conditions previously identified, staff recommends that the use of the schoolhouse be limited to those activities outlined in the letter from DHPA (meetings of DHPA and the IlClampersll, storage of artifacts owned or on loan to DHPA, and tours and open house for area residents and school children). Staff also recommends that DHPA maintain a one million dollar liability insurance policy which names the City as additional insured and is primary to any insurance carried by the city. staff has prepared a draft lease agreement for the original Murray Schoolhouse (Exhibit D) which outlines the responsibilities of both the City and DHPA. In summary, it is the recommendation of Staff that the city Council take the following action: 1. Accept the donation of the Original Murray Schoolhouse; 2. Approve the Interim Lease Agreement and, authorize Mayor to execute same. ;. .~ .... ~ ~ ~ ~ ,~ .~ ~ ~ ~ l..,") '1- ~l ~l ~ ~ ~ .~ ] ~ ~ ~ J ~ ~ ~ ~ .~ ~ ~ .~ ~ ~ ~ . . ~ \C ~ '1- ~ September 11, 1993 Diane Lowart Recreation Director city of Dublin 100 Civic Plaza Dublin, CA 94568 <-: . -\......- .. '-- Dear Diane, Pursuant to your request, I have reveiwed the transition of ownership of our building with my Board of Directors. As you know, we are still committed to donating the building to the city. We do, however, wish to propose an interim agreement for use while the Heritage Task Force is developing a long range solution. The building houses the attached inventory of artifacts, etc., which are owned or on loan to DHPA. our board holds monthly meetings there as do the "Clampers". Volunteers hold open house almost every Sunday from 2 P.M. to 4 P.M. Donna Miller has conducted special tours for 825 residents and school children during the week this past year. The P.G.& E. is in our name and runs approximatley $100 per month now that we have the parking lot lights on all of the time. Water to the building is metered and piped from our real property on the other side of the kennel. We are negotiating with the Federal Prison to provide volunteer employees and inmates to paint the exterior with paint purchased with last years city grant. Our insurance for the upcoming year is $1062, primarily because we have the building insured. We know that the city is anxious to secure title and obtain the grant funds to begin the restoration work on the structure. In light of all of the above considerations, we would suggest that ownership be transferred and an interim use permit be granted to DHPA, in accordance with the terms and conditions that are contained within our current lease with the Dublin Cemetary Association to house our artifacts, conduct our meetings, and hold open house and tours until such time that a long term operational solution is developed by the Heritage Task Force. . . While we realize that this is a new venture for the city, we trust that the legal concerns can be addressed and we can continue operation during the transitional phase. Thank you for your assistance and please call if you have any questions. sincerely, M. Vonheeder, President CC:City Council dhpacity.ltr " '>' . . DONATION OF ORIGINAL MURRAY SCHOOLHOUSE AND ASSIGNMENT OF LEASE The DUBLIN HISTORICAL PRESERVATION ASSOCIATION, a California non-profit corporation, does hereby donate the Original Murray ,schoolhouse, formerly known as the Primitive Baptist Church of Jesus Christ, together witp the existing outbuilding, which buildings are located on property owned by Dublin Cemetery, Inc., known as Assessor's Parcel Number 941-1650-001-02, to the city of Dublin, a municipal corporation, in their lias is" condition. The DUBLIN HISTORICAL PRESERVATION ASSOCIATION assigns its ~() {lt$,.J,5right_sAunder the lILease Agreement" dated July 23, 1991, with Dublin )u&A ~ Cemetery, Inc, a California non-profit corporation, to the city of Dublin. By its signature below, Dublin Cemetery, Inc., hereby {,U... consents to the assignment of the "Lease Agreement. II ytK/ 11\ 'flt6. E: 1f6~,.. TE{.\-T IH-S- ~A-AlS~JZ. () p; TillS Dt.t.81.J~ CG.lfE'If::P->; T6 Tift:. ~/TY o-F DUBLIN HISTORICAL PRESERVATION DUeu^i, 151-Jbr A-Ua..., PLJSI-!-G D TI-fG:'4- ASSOCIATION TH-15 Tt-5-:5'c;,<t ~ &N T 1"5 Ol-t!/ c e.LL F3..D ~.~ It"s (J~~ Dated 1/ /1/ '1,::) ;I I ' DUBLIN CEMETERY, INC. ' ~ rJ?,U- A5Uk1/____ ,/ Its 9?u~~f Dated C, - /',... 9''3 114\Misc\Murray.Ehs r' \, .. ~. .j , , " '1 . ....,... , :J :' . .j ":: .~:,~ .: ~ .~_:~ '-J .':.J '. .1 . . LEASE AGREEMENT' THIS LEASE is entered into this ~j day of car1~ia , 1991, by and between the DUBLIN CEMETERY, a non-profit corporation {hereinafter r~ferred 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 S OUTH,WE STERN LINE. OF.: DONLON' WAY "FORMERLY::.POOTHILL , ,ROAD ;:',ALSO KNOWN:AS ~'THE\ROAb -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 FERREROAND'WIFE, .' TO THE' STATE, OF CALIFORNIA, DATED':MAY'20 i;,,'1930:/~;"AND<;; , RECORDED' AUGUST, 13 ;-.1932, ; IN' BOOK 28670FJOFFICIAL' ' RECORDS OF ALAMEDA, COUNTY, PAGE: 76: RUNNING,/THENCE ' ' . ~;';.. ".,' , '-, . .... ," " . ,";.:. . '., .. .... ! . . 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, 1'919, 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 Exhibit "A", attached hereto and made a part hereof. The parties hereby agree 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. 2 . . The original area under lease for twenty (20)' years was 76' x 80' ,.which has now been superceded by the area shown -in red on Exhibit "A"i 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 schoolhouse as 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 gra~ts to Association an easement as shown in blue on Exhibit "A". Cemetery has the absolute right to move said easement' anq.to enjoy and use the benefits of said water line if deemed necessary by Cemetery. ',3, . . 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 f and/or omissions of Association or its guests, or the alleged acts and/or omissions of Association 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 heritageof'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., ;f 4, " ";j " . ~i . . 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 be 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 litigation including, but not limited to, reasonable attorneys' fees. 5 - . . .. . ., ... 15. The undersigned members of the Boards of Directors of Cemetery and Association, have read this Agreement ano Exhipit "Au 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. Dated: ~J FOR CEME,.,." J /99/ ~ Dated: Dated: Dated: Dated: Dated: 11 r}7/'. 1, /Cf91 / ' ~J.A~ -p. -%~ Dated: Dated: Dated: Dated: Dated: Dated: 6 '-- . .' e"'=: </l." \l{ (1\0'0'.' '. .' , , ., ::', - .. ... ...~ J3~ . ~ 7 '-d. /; .;.c: I ,... .... .. . I o' I" , I J . ';'- ~ . 1 ~ -l .j.1 , ., .- ,I.. _ t Z. :.: .....-. \ <. ;:j ...... ~t) (::, :~ C)U; \ >- ... (l\ lh '. " (, .. ..;. ,I.' ,0 '< (' ,., r (J'\ ~ " l. F lJ.; Cl) rJ t;Q " " ' C EXHlDtT, k . . . .J__\ , I ' I , , . . '/(,.2')' tell 61. . . AGREEMENT FOR LEASE OF ORIGINAL MURRAY SCHOOLHOUSE THIS AGREEMENT is made and entered into this ____ day of 1993 by and between the CITY OF DUBLIN (hereinafter referred to as "CITY"), a municipal corporation, and the DUBLIN HISTORICAL PRESERVATION ASSOCIATION (hereinafter referred to as "ASSOCIATION"), a California non-profit corporation, based on the following understandings. WITNESSETH WHEREAS, the Original Murray Schoolhouse was donated to the City by the Association and accepted by City on ; and WHEREAS, the city has appointed the Heritage Task Force to make recommendations on the best way to operate programs at the Original Murray Schoolhouse; and WHEREAS, the Association desires to lease the original Murray Schoolhouse for monthly meetings of the Association, to house artifacts which are owned by or on loan to Association, to conduct tours and open house for area residents and school children, and for monthly meetings of the "Clampers" until such time, that the recommendations of the Heritage Task Force are acted upon by the city Council; NOW, THEREFORE, based on the foregoing mutual understandings, the City and Association agree as follows: 1. RESPONSIBILITIES OF ASSOCIATION For the term of this Agreement, Association agrees to manage and maintain the Original Murray Schoolhouse in the following particulars: a. Association shall provide adequate security for the facility and shall be responsible for and hold City harmless from any damage which is the proximate result of a breach of premises security. b. Association shall be responsible for one-half (1/2) of the cost of all utility service associated with the facility, including gas and electricity and sewer and water service. c. Association shall be responsible for the maintenance, upkeep, and repair of the water line installed by Association. d. Association shall be responsible for janitorial services for the interior of the facility. e. Association shall not make any modifications to the facility without prior written approval of the city. f. Association shall not schedule any use of the facility other than that which is mentioned in paragraph four above without prior written approval of the City. . . 2. RESPONSIBILITY OF CITY a. City shall be responsible for one-half (1/2) of the cost of all utility service associated with the facility, including gas and electricity and sewer and water service. b. City shall be responsible for the maintenance, upkeep, and repair of the facility and the surrounding grounds. 3. INDEMNIFICATION Association shall maintain and keep in effect a One Million ($1,000,000) Dollar or more liability insurance policy covering any and all acts and/or omissions occurring on the leased property. Said policy shall name the city, its officers, employees and volunteers as additional insured and shall be primary to any insurance carried by the City. Association shall assume liability and pay all costs of defense, including legal fees and court costs, and hold the City harmless from loss, damages, costs, or expenses caused by any negligent or wrongful acts, errors, or omissions of Association's employees, agents and subcontractors which may occur in the performance of the terms, duties and obligations of this Agreement. City shall assume liability and pay all costs of defense, including legal fees and court costs, and hold the City harmless from loss, damages, costs, or expenses caused by any negligent or wrongful acts, errors, or omissions of Association's employees, agents and subcontractors which may occur in the per,formance of the terms, duties and obligations of this Agreement. 4. DESCRIPTION OF LEASED PREMISES The property which is the subject of this Lease Agreement is the building know as the Original Murray Schoolhouse located at the Heritage Center on Donlon Way in DUblin, California. 5. TERM: OF AGREEMENT This Agreement shall terminate within 45 days following the City Council's acceptance of the Heritage Task Force's recommendation regarding the operation of programs at the Original Murray Schoolhouse, provided that the specific date of termination shall be the date specified by City in written notice given to Association following City Council's action. Notwithstanding the foregoing, this lease shall terminate six months from the date of execution by the last party unless extended by City in writing. 6. AMENDMENTS The terms of this Agreement may be amended with written consent of both Parties. . . 7. NOTICES Each party shall be responsible for notifying the other party of any action which would impact the use of the original Murray Schoolhouse or Heritage Center 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 Association: President Dublin Historical Preservation Association P.o. Box 2245 Dublin, CA 94568 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN DUBLIN HISTORICAL PRESERVATION ASSOCIATION Mayor President ATTEST: City Clerk APPROVED AS TO FORM: City Attorney