Loading...
HomeMy WebLinkAboutItem 8.1 Proposal to DSRSD Shannon Center Lease (2) (0 oo-ao CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 12, 1984 SUBJECT Proposal to DSRSD for Shannon Center Lease EXHIBITS ATTACHED Exhibit A: /Shannon Center Report from Building Official Exhibit B : /DSRSD List of Interior Improvements Being Undertaken. Exhibit C: r/SRVCC Operating Analysis Exhibit D: /Estimated Cost of Operation by City Exhibit E: /SRVCC Current Rental Charges Exhibit F: .Current Agreement between SRVCC and DSRSD RECOMMENDATI Direct Staff to present City proposal to DSRSD and negotiate specific terms of the lease FINANCIAL STATEMENT: $72 ,345 . 00 less any amount negotiated as a management contract and any rental revenue. This estimate does not include the cost of equipment or minor building alterations undertaken at the City' s expense . DESCRIPTION At the regular City Council meeting on December 12 , 1983 , the Council directed the Parks & Recreation Commission to investigate the potential terms and costs associated with the lease of the Shannon Community Center . The Park & Recreation Commission provided Staff with input on the costs factors which needed to be investigated when considering acquisition of the lease of Shannon Center . In addition, they requested that the Building Official inspect the facility to determine its structural soundness . The Commission also met and toured the facility in order to have a basic understanding of potential uses of the building . Physical Condition The Building Official inspected the facility and provided a brief list of corrections ( Exhibit A) . Subsequent to this inspection, City Staff has met with Mr . Paul Ryan, General Manager , Dublin San Ramon Services District and provided him with this information. Mr . Ryan is taking steps to specifically examine each of the areas . Some of the items were already included in a list of building improvements which DSRSD is in the process of completing . DSRSD is replacing boards on the wood deck which have gaps and knot holes in the planks . DSRSD is in the process of completing $35 ,000 in physical improvements at the facility. Exhibit B outlines some of the interior work to be included in this project . Included in these improvements is the installation of an overhead light near the bridge to improve lighting on the approach to the building . Cost Estimates To determine potential costs associated with the operation of the facility, Staff has met with Mr . Dave Stegman of the San Ramon Valley Community Center , Inc. ( SRVCC) . Exhibit C outlines the current operating budget which SRVCC has shared with the City. Exhibit D shows an estimated cost of operation by the City. In part , these estimates were based upon information provided by SRVCC. The current arrangement which the Community Center utilizes for maintenance services is the use of an independant contractor . This contract provides for custodial services in addition to building attendant services during the day time hours . If the city is successful in obtaining the lease agreement staff would investigate the possibility of continuing with the same arrangement , ---------------------------------------------------------------------------- COPIES TO: Paul Ryan, DSRSD ITEM N0. 8. , Dave Stegman, SRVCC AGENDA STATEMENT; Proposal to DSRSD for Shannon Center Lease Page 2 or a separate agreement for custodial services and the use of part-time building attendants during the day time hours . Staff has estimated the total cost of operating the facility at approximately $72 , 345 . The estimated cost of operation has only accounted for anticipated routine costs . Capital expenditures for signs identifying the location as the City of Dublin Recreation Department and minor interior modifications are not included in the analysis . Also, any costs associated with equipment and programs are not presented in the estimate . If the City acquires the lease, it will assume the responsibility for the interior of the building . It is important to recognize that the repair of any interior vandalism would become the City ' s responsibility. These costs are difficult to project at this time, however , the potential for these costs must be recognized. Liability The acquisition of the lease has been discussed with the City' s Insurance Broker . Mr . Fernandez has indicated that the cost of liability would not be affected until February 1 , 1985 . DSRSD carries their own insurance on the contents of the building, which is property of the District . The lease agreement would require the City to assume the liability for the operation of the Center . Mr . Fernandez did recommend we require users of the facility to show proof of insurance. He has assisted the City of Pleasanton in the development of a similar program in which one day single event coverage can be purchased for approximately $25 . 00-$50 . 00 . He has noted that the contractors instructing on-going classes would be required to show proof of insurance . Revenue SRVCC has projected revenues equal to $48 , 000 during the current year . This revenue comes from renting the facility to various community groups and private individuals . The revenues do not include revenues derived from special interest classes . In 1979 , DSRSD determined that the cost to the District of "mothballing" the facility would be approximately $2 , 000 per month. Therefore, DSRSD entered into a management contract with SRVCC in which the Community Center received a $2 , 000 per month fee from the District . SRVCC is responsible for the interior maintenance of the building . The management contract has remained at the same level since 1979 . As the property owners, it is in the District ' s interest to assure that their investment and the facility is adequately maintained. The management contract actually represents a cost which the district would incur even if the facility were not operating. Staff has requested information from DSRSD regarding the factors used in calculating the cost of "mothballing" the facility. If this data is available it will be presented at the meeting . Exhibit E identifies the current rental rates charged for the use of the Center . Mr . Stegman has indicated that separate agreements exist for some groups , such as senior citizens . The agreements are for a flat fee and were based in part on the organization ' s ability to pay. Two factors may impact the amount of revenue derived from rental of the building . First , if the City undertakes a risk management program as suggested by our Insurance Broker , the fee schedule may need adjustment to remain competitive. The cost of insurance in. addition to the existing rental fees may prove to be more than surrounding facilities charge. Second, the City Council may wish to establish a fee schedule different than the current arrangement . Any reduction in fees collected would increase the general fund operating cost to the City. AGENDA STATEMENT : Proposal to DSRSD for Shannon Center Lease Page 3 Net Operational Cost Given the fact that DSRSD would incur costs regardless of whether the facility was used, we anticipate a continuation of the management contract . Therefore, provided that the contract is at least $2 , 000 per month, the annual net cost of operation would be approximately $48 ,000 . Estimated Cost of Operation $72,345 Management Contract ( 24 ,000 ) Net Cost of Operation 48 , 345 This cost would be reduced further by any revenue derived from renting the facility. SRVCC anticipates $48 , 000 utilizing their current fee structure. As noted above, if the* fees were altered the City may experience a decline in this offsetting revenue. However , SRVCC estimates do not reflect the total amount of revenues realized from special interest classes . Other Considerations In developing the cost estimate Staff has attempted to provide the most realistic setting as possible . Discussions with DSRSD Staff revealed that a significant amount of personnel costs are associated with the operation of a Community Center . The accounting for deposits , rental fees, and scheduling the use of the facility require adequate personnel . In addition, there is a substantial amount of follow up correspondance and bookkeeping which are affiliated with the operation . Proposal At their regular meeting on February 21 , 1984 the Parks and Recreation Commission recommended to the City Council that the City present a proposal to DSRSD for a one year lease of Shannon Center . The proposal would be similar to the existing agreement between DSRSD and SRVCC ( Exhibit F) . The following items should be included as condition of any proposed agreement : A. City staff would negotiate with DSRSD the management contract of at least $2 , 000 per month . B . The City shall have sole control over the establishment of rental fees . C. City Staff will work with DSRSD to assure physical improvements which create liability for the City are completed prior to the City ' s operation . D. The lease proposal be for one year . E. The City would have the authorization to make minor modifications to the facility. It is recommended that the City Council authorize the City Manager to submit a formal proposal based on . these conditions to DSRSD for their consideration . A final agreement would be brought before the City Council for its approval, however , it should include the conditions mentioned above and will be based on the existing agreement between SRVCC and DSRSD. THE CITY OF DUBLIN P.O. Box 2340 Dublin, CA 94566 (415) 829-3543 MEMORANDUM February 21 , 1984 TO : Richard Ambrose , City Manager FROM: Victor L . Taugher, Building Official 7111./y/e✓t/ RE : SHANNON COMMUNITY CENTER At your request the subject building was inspected. Because of the extensive use of exterior wood trim and architectural features , a more than ordinary exterior maintenance program will be required. The roof was installed without gutters . Consequently, the roof drainage runs .over eave members . Fungus was noted on the eaves, particularily on the North side . Stains were noted on the underside of the eaves indicating possible roof leaks in the past . No roof leaks were noted at this time . Some of the heavy roof timbers supporting the eaves have twisted. The structural integrity of the roof is ok, but the appearance is not the best . An accumulation of leaves and debris was noted under the wood deck . There is no wav of removing this material from under the deck . The debris impedes drainage and circulation of air in the space under the deck . Unless the deck supports are pressure treated wood, deter io_a..ion and eventual replacement can be anticipated. The deck surface is in poor condition. There are many large gaps between the deck planks , ar_d large knot holes in some clanks . This could be a hazard to persons with small heels . Fungus was noted on the underside of the bridge deck. The following are specific items which should be corrected now and serious consideration should be given to eliminating the larce gaps in the wood deck . 1 . Replace wood deck members with large knot holes . 2 . Replace one wood deck plank on the East side where it has warped upward and has become loose . 3 . Replace a 2 x 7 wood deck member on the West side that has split and which now has a large gap . 4 . Remove all storage from in front of electrical panels . 5 . Remove dead bolts from all doors equipped with panic hardware . 6 . Provide cover plates on all open electrical function boxes . One was noted in the entry and one was noted on the South side outside . There may be others . 7 . Replace the lighted exit sign over the East exit door from the basement_ 8 . Properly support the PVC sprinkler piping and electrical conduit mounted on the South side of the building. 9 . Fill in the holes adjacent to the building on the West side so the roof drainage will flow away from the building. n a � 1 LIST OF SHANNON NEEDS . (from meeting of Park & Recreation Committee with D. Stegman on 11/7/83) Responsibility of: DUBLIN SAN RAMON SAN RAMON VALLEY SERVICES DISTRICT COMMUNITY CENTER, INC. UPPER FLOOR: Front Lobby Seal front doors Replace foot mat Paint* Hallway Replace worn wallpaper Replace worn wallpaper in on inal area# by tele0one, Replace floor tiles Touchup paint Mens Restroom Repair & paint stall doors Repair 1 toilet seat Replace stall light fixtures with fluorescent fixtures (2) Install built-in waste paper receptacle Replace wallpaper in stalls1P Paint* Womens Restroom Remove Wallpaper on one wall and paint Install lock on wastepaper receptacles Change light fixtures to fluorescent (3) East Room Refinish hardwood floor, Replace lens on 1 Replace floor tiles Tight fixture Replace locks on exterior doors (4) Widen door from stage room by 1 foot Obtain pneumatic tires for trolleys Paint* Behind Staae Paint Replace floor tiles Shannon Needs-continued Responsibility of: DUBLIN SAN RAMON SAN RAMON VALLEY SERVICES DISTRICT COMMUNITY CENTER, INC. Kitchen Refinish cabinets Touchup Faint or scrub) Replace wallpaperli Maintain cabinets after Replace floor covering refinishing Install switch button on dishwasher Install drain screen on warming tray Repair holes in windows Hall Plane storage closet doors Remove stains from Install locking hardware-south door closet doors near Correct intermittent exhaust fan floor Replace all louvered windows Restain floor moldine Reposition speaker (clean or touchup) Replace wallpaper on west W21111 Repair south side drapery rod Paint* \a1� i PS West Room Adjust south door and install new Replace lens in overhead locking mechanism light fixture Replace wall paper# Refinish door into hell Replace floor tile and repair door jam Replace draperies Replace glass in fire extinguisher Paint* Office New carpet in all rooms- Replace louvered windows Refinish cabinets Replace fluorescent light ballast Paint* LOWER FLOOR: Stairwav Paint handrail Touch up walls (paint) -2- Shannon Needs-continued Responsibility of: DUBLIN SAN RANION SAN RAMON VALLEY SERVICES DISTRICT COMMUNITY CENTER INC. Long Storaqe Room Install metal striker plate on door Remove props from Danville's Theater Group Remove all unnecessary "junk" Small Storage Room Remove all unnecessary District Remove all unnecessary "junk" Community Center "junk" A, B Rooms Replace exterior doors and hardware Reposition 1 light fixture Hallway Replace ceiling licht Paint doors and molding* lens Preschool Paint* Outside Oil seal decks Stain outside trim Repair roof tiles Relandsca pe to original condition Paint low wall around deck *Painting responsibility to be determined by Stegman and De Silva, depending upon how recently the area was painted--District will paint if it has not been done within an agreed-upon period of time. IlWall paper to be removed and replaced by paint wherever necessary. -3- Shannon Needs-continued Other Shannon needs new blackboard on wheels--this is an amenity for building users--perhaps Community Center should provide and charge deposit for use. De Silva & Stegman to work on this. Return District's kiln and electric potters wheels--Stegman to check on this. Piano--Stegman and De Silva to work on this. Perhaps should be provided and maintained by District. General lighting improvements--District to have P. G. & E. evaluate. -4- T San Ramon Valley Community Center, Inc. P.O. Box 604 • 135 Love Lane Danville,Callfomia 94526 • 837-8235 SHANNON OPERATING ANALYSIS 82-83/83-84 Budget 82-83 Actual 82-83 Budget 83-84 Management Contract 24 , 000 24 , 000 24 , 000 Rental Fees 48 , 630 48 , 630 48 ,000 72 , 630 72 , 630 72 ,000 902 - Salaries/Attendants 15 , 901 15 , 187 15 , 900 906 - Payroll Taxes 2.1457 1, 363 1,545 908 - Comp. Insurance 1 , 252 1, 174 1, 155 912 - Outside Processional Services 21 , 394 22 ,042 21 , 395 913 - Contract Services 2 , 250 2 , 672 2 , 250 914 - Salary I Secretary 8 , 049 8 ,049 8 , 049 916 - Telephone 1, 788 1, 888 1, 965 917 - Utilities 11, 032 8 , 508 11, 100 927 - Maintenance Supplies 2 , 195 1, 468 2 , 195 928 - Supplies Other 130 198 130 931 - Equipment Purchase 200 -0- 200 - Advertising 440 440 440 - Receptionist 3 , 284 3 ,284 3 , 284 - Bookkeeper 575 1, 517 1 , 517 - Office Supplies 300 300 300 - Management 3 , 484 13,000 13 , 000 - Telephone 897 897 897 Page 2 Budget 82-83 Actual 82-83 Budget 83-84 Total Expenses 74 , 628 81, 987 85 , 382 Total Revenue 72 , 630 72 , 630 72 , 000 Balance (1, 998) (9 , 357) ( 13 , 382) February 1, 1984 Prepared by : Joan Franciosa August Assistant Manager SHANNON COMMUNITY CENTER ESTIMATED COST OF OPERATION Note : The following costs reflect expenditures for opening the facility and does not include any costs associated with equipment and programs . Personnel Services Part-time Building Attendants ( 3 , 000 hrs @ $6 . 00/h.r ) $ 18 , 000 . 00 Part-time Worker ' s Compensation ( Rate = 11 . 02 ) 1 , 985 . 00 Secretary - 300 ( Includes Worker ' s Comp & Fringe Benefits ) 7 , 065 . 00 Total Personnel Services S 27 , 050 . 00 Contract Services Maintenance Agreement ( Provides for 8 a .m. - 5 p.m. Building Attendant/Custodial Service ) $ 22 , 700 . 00 Alarm/Exterminator Services 2 , 750 . 00 Total Contract Services S 25 , 450 . 00 Services and Supplies Telephone ( Includes 1 time cost of establishing service/equipmt ) $ 2 , 500 . 00 Office Supplies 1 , 000 . 00 Printing - Forms , etc . 500 . 00 Maintenance Supplies 2 ,500 . 00 Utilities (PG&E/Water/Sewer/Refuse) 13 , 345 . 00 Total Services/Supplies $ 19 , 845 . 00 GRAND TOTAL = $ 72 , 345 . 00 FEES 'AND CHARGES 'FOR THE 'USE OF THE 'SHf \NON PARK CO�DIU_NITY CENTER (revised July, 1983) There are two (2) classifications of charges relating to the use of the Shannon Park Community Center. , Public Use - Any non-profit group, ('must h_:vr tax-exempt numrbcr) , club, organization, religious organization, or association whose membership is open to the public. Private Use - Any group, club, organization, or association whose membership is not open to the public, commeT.cial enterprises, private parties. FEE SCHEDULE - SPACE RENTAL (Two Hour Minimum Charge) Room :Public Use Private Use Social Hall $26.50/hr $52.50/hr West Room 8.00/hr 14.00/hr _East Meeting Room 12.50/hr 18.001hr A & B Room _ 12.50/hr 1S.00/hr. Cultural Arts Room S.00/'nr 14 00[h-1- Kitchen 8.00/use 14.00/use FEE SCHEDULE —LABOR CHARGES Building Attendant 9.00/hr 9.00[hr (to be assigned at the discretion of the Corporation Representative) Set-up and Clean-up Fees: To be based on hourly rate of $9.00 per attendant hour. Security Deposit (Refundable) : Amount to be determined on an individual basis by the Corporation representative. Necessary work or extended fees will be deducted from the deposit. (See Number 4 B) Reservation Deposit: 50.00 100.00 (The amount of deposit will be deducted from the final rental charge_ The deposit in NON-REFUNDABLE.) � r • t SFL\i LNO'L1 PARK COiNUNITY CENTER RENTAL INFOR`L\TION The Community Center is available for rentals up to one year in advance_ The Community Center rents very rapidly, so reservations should be made as early as possible. Rooms -available for your rental use are: (a) Social Hall - our largest room with a maximum capacity of 510 in assembly and (app. size- 240 for dining. It also contains a 12' x l�' (including step) 40'xS0' ) stage. This room is usually used for groups of over 120 people. (b) East Meeting Room - Maximum capacity of 157 in assembly and 73 for dining_ This room has access to kitchen_ (App. size 22' x 37') (c) West Meeting Room - Maximum capacity of 100 in assembly and 50 for dining. (37'-2S (d) A & B Meeting Room - Maximum of 140 for assembly and 7.0 for dining. This room in on the lower level of the building. (47' x 22') (e) Kitchen - Contains a commercial sized refrigerator, 4 steam tables and 3 warming - trays. (You supply utensils and dishes) Charges a) Your reservation is confirmed and placed on our calendar when you pay your reservatio deposit. This deposit is non-refundable and will be deducted from the final rental charge. b) A refundable security deposit will be charged by the Corporation representative_ Deposit will be refunded if there is nothing damaged or broken, all paper products m., be placed in the dumpster provided, and should the kitchen be used, anything used must be cleaned. c) Rental fees are due thirty (30) days .before the event_ At that time, the security deposit_will also be collected. i_ Set-up Diagram - We will provide you with a mimeographed diagram on which to indicate where you wish the tables and chairs to be set up for your event when you reserve the room. When you come in to pay your rental fees, bring in the completed diagram, or nail_ i. Alcoholic Beverages - May be permitted at the Community Center building if so indicated on the rental form. In all instances, where alcoholic beverages are to be sold, . applicants are required to obtain the necessary license from the Alcohol Beverage Control Board and present same at least three (3) days prior to the rental date_ 7_ You may use masking tape only in your decoration of the building and you must take dc--n all tape and decorations. B_ Clean up - you are required to leave the building "as it was found" with all loose trash and decorations removed from the premises. A large dumpster outside the kitchen is provided for this purpose. See number 4 B above. 9- 'Back Parking Lot - Thera are two handicapped parking stalls in the rear of the building_ Only four cars total are allowed in the back parking lot at any one time_ 0_ A building attendant will be on duty- throughtout your decorating, catering, and event- tire May 6 , 1983 SHANNON COMZMUNITY CENTER ROOMS U2stairs Social Hall - Approx . 40 ' X 80 ' Capacity: 500 people in assembly, 240 for dining Raised Platform - Approx . 12 ' X 15 ' Public Address system with radio Access to decking and lawns Kitchen Area - Caterer ' s Kitchen Warm-up equipment, coffee pots , etc. Refrigerator , Sink , Dishwasher West Meeting Room - Approx . 40 ' X 30 ' Capacity: 100 people in assembly, 50 for dining Access to decking and lawns East Meeting Room - Approx . 20 ' X 50 ' Capacity: 157 in people assembly, 73 for dining Access to decking Offices - One large office , 20 ' X 20 ' , 3 cubicles (10 ' X 101 ) Men ' s Room - 2 stalls , 3 urinals Women ' s Room - 4 stalls Downstairs Meeting Room - 50 ' X 25 ' Capacity: 140 people in assembly, 70 for dining Access to patio area Preschool - 50 ' X 25 ' . Access to enclosed courtyard Large Storage Areas - 3 Other Redwood Decking around South and East sides - Upstairs Enclosed patio with play equipment - Downstairs Concrete patio and walkways - Downstairs Equipment 375 chairs 12 - 5 ' round tables 35 - 8 ' X 3 ' tables 2 large pottery wheels Ping pong table Cleaning equipment RESOLUTION NO . 20-83 RESOLUTION OF THE BOARD OF DIRECTORS OF THE DUBLIN SAN RAMON SERVICES DISTRICT APPROVING AND AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH SAN RAMON VALLEY COMMUNITY CENTER, INC . FOR SHANNON PARR COMMUNITY CENTER BUILDING 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 , the San Ramon Valley Community Center , Inc . has submitted a proposed agreement to renew the lease of the Shannon Park Community Center Building, located at 11000 Shannon Avenue , Dublin , California; NOW, THEREFORE , BE IT RESOLVED AS FOLLOWS: 1 . That the lease agreement betwen this District and the San Ramon Valley Community Center , Inc . , for the Shannon Park Community Center Building , copy of which is attached hereto , marked "Exhibit A" , and made a part hereof, be and hereby is approved and accepted . 2 . That the President of this Board be and hereby is authorized and directed to execute said lease agreement on behalf of this District . Resolution No . 20-S3 3 . That the Secretary be and hereby is authorized and directed to transmit the executed Agreement, together with a certified copy of this Resolution , to the San Ramon Valley Community Center , Inc . 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 10th day of April r 1983 , and passed by the following vote: AYES : b - Directors Joseph Covello , Diane Schinnerer , Dennis Jeffery , Richard Fahey and Pon Noble NOES: 0 ABSENT: 0 RON OBLE, President ATTEST: ROBERTA JESSING , Secretary APPROVED AS TO FORM: CF-RTIFIED AS A Tom. = AND CORRECT CCPY OF THE O:zISINAL CN -= IN THE OFF-iCE OF DU5L1i1 Sniff RA.MC-N S-;2VICES DISTRICT C,.•' /� secretary' i r Ag �•�' �.-' �'c;,�. �'� l .APR 2 0 District Legal Counsel -2- AGREEM1:NT PARTIES AND DATE: Effective July 1 , 19S3, the Dublin San Ramon Services District, a political subdivision of the State of California, hereinafter referred to as "District", and the San Ramon Valley Community Center, Incorporated, a private, non-profit corporation, hereinafter referred to as "Corporation", do mutually agree and promise as follows : 1 . PURPOSE: In order to continue the recreation and human services programs in the Dublin San Ramon area and to preserve the public use of a major District facility, the District proposes to lease to Corporation the Shannon Park Community Center Building and to incur certain operational expenses for the term of this Agreement. Corporation proposes to overate the Center Building to provide services to maintain maximum public use in such fashion as Corporation deems most effective. 2. . RESPONSIBILITIES: Corporation shall be responsible for the management of the Center Building programs and services. Those management responsibilities shall include, b.ut are not limited to: a) Planning, operating, and evaluating programs and services b) Scheduling and supervising the facility c) Recommending fee schedules for District Board approval d) Providing staff required to carry out programs and supervise the Center Building 3. RENT: Corporation agrees to pay to District the sum of One Dollar ($1 .00) annual rental, together with the additional considerations of the agreements stated�rin this document. 4. CONSIDERATIONS: District and Corporation mutually agree to the following to provide for effective operation of the Center Building: a) Corporation shall assume full responsibility for the costs of a site coordinator, building attendants , equipment repair and office supplies b) District shall assume full responsibility for maintenance and repair EXHIBIT 2 - of the Center Building and all appurtenances thereto c) Corporation shall provide the services listed below at levels in effect prior to December 1 , 1979, and shall not alter those levels Without prior written consent of District . Services to be provided by Corporation are as follows : 1) Custodial services 2) Security patrol 3) Security alarm 4) Cal Sweep supplies or equivalent service S) Rose Exterminator or equivalent service 6) Water and Sewer 7) Pacific Gas and Electric 8) Trash and refuse removal 9) Telephone 10) Janitorial supplies The District shall pay to the Corporation the sum of twenty-four thousand . dollars ($24,000.00) at the rate of two thousand dollars ($2,000.00) per month in consideration of management services for Shannon Park Community Center building. The Corporation shall be responsible for all costs of items specified in sections 4 .a and 4.c. d) Corporation shall receive all revenues generated from the use of the Center Building. 5. INSURANCE/INDEDiNITY: (A) Corporation shall take out and maintain during the term, or any extension of the term hereof, comprehensive general liability insurance providing coverage for public liability and property damage for Corporation, its officers, employees, agents, and subcontractors, for damages or claims arising directly or indirectly out of Corporation's performance or 3 - failure to perform its duties and obligations hereunder. Said insurance shall include as rnamcd insureds , or sh:lll , by endorsement , nnmc- as additional insureds , District and its governing Board, officers , employees and ::gents . The minimum amounts of insurance which shall be provided by Corporation hereunder are: (a) Single Combined Liability Limit of One Million Dollars ($1 ,000,000.00) for injury to or death of any one or more persons; and (b) Third Party Property Damage in the combined single limit amount of Five Hundred Thousand Dollars ($S00,000.00) . Each policy of insurance or certificate submitted hereunder evidencing the existence of such insurance shall include the following: i. An endorsement or statement of named insureds evidencing coverage of District, and its governing Board, officers, employees and agents as additional or name insureds, as the case may be. ii. An endorsement precluding cancellation or reduction in coverage before the expiration of thirty (30) days after District shall have received written notice of such cancellation or reduction by registered mail from the insurance carrier for such insurance; iii. An endorsement evidencing the inclusion of standard cross-liability provisions in said policy or policies of insurance. In addition to the above mentioned insurance, Corporation shall take out and maintain during the term, or any extension of the term hereof, Workers' Compensation Insurance for all of Corporation's employees employed by or for Corporation in the performance of Corporation's duties and obligations hereunder. Said insurance shall be in amounts not less than the amounts required by the Workers ' Compensation Lags of the State of California. This agreement shall not be effective until a certificate or certificates evidencing the above mentioned insurance policies, or copies of said policies and endoresements required hereundcr, have been submitted to and approved by District . Failure of Corporation to provide said ins ace as �rcquired here- under shall constitute a n;:iterial breach of this agreement . (B) Corporation shall assume the dcEensc of, indemn.if\- and save harmless District, its governing Board, officers , and employees from and against all claims, demands , losses, judgements (including attorneys fees and costs of suit) , or liabilities of any kind or nature (excluding those arising from the sole negligence of District) which District, its governing Board, officers, agents, and employees may sustain or incur or which may be imposed upon them, of any of them, for injury to or death of persons, or damage to, or loss of use of property, as a result of or arising out C. of Corporation ' s use and occupancy of District 's properties hereunder, or othe nJise arising out of any act or omission to act of Corporation in the performance of its duties and obligations unde_ t :is agreement_ Corporation ' s obligations udder this paragraph shall 50-- be limited in any manner by the requirement of Corporation to fu_nish insurance elsewhere in this agreement provided. (C) Notwithstanding the provisions of Paragraph S(B) of this agreement, Corporation shall be under no duty to indemnify and hold District harmless from any liability, claim or damages arising because of District's fail- ure to provide any services required by this agreement to be made by District or any person who is an agent or employee of the District acting in the course and scope of their agency and employment. 6. TERL4S: The term of this agreement shall be from July 1 , 1983 to June 30, 1984 and shall be renewable with written consent of both parties prior to June 1, 1984. - S - 7. DISC[:I,\IINATION: [)istr.ict and Corporation shall neither discrir:inate nor permit discrimination against any person or group or 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. S. AIMENDMENTS: The terms of this Agreement may be amended .with written consent of both parties. 9. NOTICES: Any and all notices or reports to Corporation desired or required by the terms of this Agreement shall be in writing addressed to San Ramon Valley Community Center, Incorporated, P.O. Bo.x 604, Danville, California, 94S26. Any and all notices to the District required or desired by the terms of this Agreement shall be In writing addressed to General "tanager, Dublin San Ramon Services Dil;—Lrict, 7051 Dublin Boulevard, Dublin, California, 94563. 10. CANCELLATION: This Agreement may be cancelled by either party upon written notice to the other party at least thirty (30) days prior to date of termination. 11. DESCRIPTION: The leased property shall be the Shannon Part• Community Center Building located at 11600 Shannon Avenue, Dublin, California, 94S63. SAN RAMON VALLEY COMEMUNITY CENTER, INC. DUBLIN SAN RAMON SERVICES DISTRICT President President ATTEST: ATTEST: Secretary , ecrctary DES :mf 4/14/S3 ORDINANCE NO. iSi AN ORDINANCE AIMENDING SECTION 4 . 2 . 06 OF THE DUBLIN SAN RAMON SERVICES DISTRICT CODE TO SPECIFY LILMITATIONS UPON THE USE OF ALCOHOLIC BEVERAGES IN THE CONDITIONS OF USE PERTAINING TO DISTRICT PARK AND RECREATION FACILITIES BE IT ORDAINED by the Board of Directors of the Dublin San Ramon Services District, Counties of Alameda and Contra Costa, State of California , as follows : SECTION 1 . Section 4 . 2 . 06 of Article 2 , Chapter 4 , of the Dublin San Ramon Services District Code is hereby amended to read as follows : " 4 . 2 . 06 . Condit-iOns of Use Whenever anv person or group aDolles ror use or rental of a District facility , the person making -the application must agree to the following: " (a) Permission to use District facilities and buildings is granted subject to observance of regulations , and permits may be revoked for violation of laws and regulations . " (b) Permits are to be presented to the person -.- or group responsible for arranging facility use. " (c) Dances : Permits are not granted to minors . For such groups , permits will be issued only to responsible adults representing non-profit community groups who will chaperone the dance.- Adult chaperones are required in such number . as deemed necessary by the District at all teen dances . The list of chaperones with addresses must be presented when the permit is picked up. The chaperones must remain with the group to be chaperoned until the dance is over. " (d) Each group using District facilities must be vouched for by a responsible adult who will guarantee observance of established rules . " (e) Control of lights , locking and unlocking of doors , gates , etc . , will be attended to by the Recreation Division employee on duty unless otherwise authorized. parties holding permits should consult with the Recreation Division person on duty in regard to their needs . " (f) Decorating will be permitted only upon approval by the District ' s Recreation Division and must be removed immediately at the conclusion of the event. All decorations must comply with Section 13119 of the Health and Safetv1Code pertaining to the flame-proofing of all decorations . " (g) usage must be within the allotted permit timne . Permit time schedules and chances must include all preparation and set-up time as well as clean-up time. The facility must be vacated by the designated closing time. " (h) Out of consideration for the neighbors , persons using District facilities and buildings should refrain from loud talking or boisterous conduct when leaving . J " (i) All croups are expected to leave the premises in the same condition they were found. Where appropriate , kitchens must be left clean and all used utensils washed and put away. " (j ) Office telephones are for District business only and for the exclusive use of District personnel. " (k) Smoking by adults is permissable only in those designated areas in accordance with the provisions of the Health and Safety Code. " (1) (i) Alcoholic beverages may be sold, served, possessed, and consumed at the Shannon Community Center and at the White House Facility, including the Red Barn property on which said Facility is located, subject to specific provision therefor in any facility use permit issued for use of said Community Center and White House Facility and subject to the conditions specified in subsection (1) (iv) hereinafter. " (ii) Wine and beer may be served, possessed and consumed (but not sold or offered for sale) at the following District facilities: Shannon Park, Maoe 2 Park; Boone Acres , Athan Downs , and Dublin. Sports Grounds , subject to authorization therefor grated by the Board of Directors upon motion duly made and carried , further subject to such reasonable conditions as may be specified by the Board, and further subject to the conditions specified in subsection (1) (iv) hereinafter. " (iii) The sale , service , possession or consumption of alcoholic beverages is prohibited at the Valley Community Swim Center and San Ramon Olympic Pool. " (iv) The sale , service , possession or consumption (hereinafter , the "use" ) of alcoholic beverages pursuant to subsection (1) (i) above , and wine and beer pursuant to subsection (1) (ii) above , shall be subject to , without limitation, the following conditions or restrictions which shall be specified in any permit authorizing such use : " [a] The date or dates and time or times during which such use shall be permitted; " [b ] The specific area or areas of the facilities within which such use shall be permitted; " [c] The payment of a fee and/or deposit to defray additional costs incurred by t:ne District incidental to such use , including, but not limited to, costs of securit ;, maintenance , repair and ether such costs ; provided, however, that deposits shall be refundable to the extent of the amount thereof exceeding actual costs incurred by District; " (d] The designation of an adult person -or persons employed by, or associated with, the Permittee who -shall be responsible for maintaining order in the use and occup_ ancv of the District facilities and who shall have authority to control the usage of the alcoholic -beverages or wine and beer, as the case may be, and who shall have further authority to prohibit, or to order the prohibition of, the use thereof (and, _ specifically, the sale or service thereof) by any invitee or guest of the Permittee , or by all such invitees or guests as may be necessary to maintain the aforesaid order; and, " (e] Such other conditions reasonably related to the health, welfare and safety of persons 3 and the protection of property as may be determined by the Board or the General Manager , or his designees , as the case may be . " (v) A Permittee granted a permit for the sale of alcoholic beverages pursuant to subsection (1) (i) above , or wine and beer, pursuant to subsection (1) (ii) above , shall present to the District, not less than three (3) days prior to the date or dates during which such sale is to be permitted within or on District facilities , evidence of all necessary licenses issued to the Permittee for such sale . " (vi) Notwithstanding the provisions of subsections (1) (i) and (1) (ii) or anv permit issued pursuant thereto , no person under the age of twenty-one (21) years shall consume , or shall be cermitted to consume , or shall be served, or sold alcoholic beverages at or within any District facility. " (vii) As used in subsections (1) (i) - (1) (vi) , inclusive , the terms "alccnolic beverace, " "wine , " and "beer, " shall nave t"ne meanings respectively ascribed thereto in the Alcoholic Beverage Control Act of the State of California (Bus . & Pro= . C. §§23000 et sec. ) . " " (m) The person making the application for a permit shall be personally responsible together with the group he/she represents for all damage to the building or appurtenances thereof and theft to and at the building and its appurtenances thereof. " (n) Where experience of the District with previous uses by the same organization resulted in physical damage or failure to restore the premises to satisfactory condition , the Board of Directors may, as a condition of granting the permit, require a reasonable deposit to cover such costs . " Section 2 . In the event any - section, subsection, sentence, clause or phrase of this Ordinance , or the amendments to the Dublin San Ramon Services District Code enacted herebv shall be adjudged or 4 declared unconstitutional or invalid , by a court of competent jurisdiction , all other sections , subsections , sentences , clauses or phrases hereof not so adjudged or declared shall re-:ain in full force and effect. Section 3 . This Ordinance shall be effective thirty (30) days after the adoption thereof . ADOPTED by the Board of Directors of the Dublin San Ramon Services District at its regular meeting held an the 19th day of April , 1983 , and passed by the following vote : AYES : d - Directors Richard Fahey, Joseph Covello , Dennis Jeffery , Diane Schinnere.r , and Ron Noble NOES : 0 ABSENT : 0 Ron `,ob President ATTEST: ROBERTA JES ING, Se etary APPROV"/ 0 bRM: i DISTRICT LEGAL COUNSEL C= cr-J IS.1 T;-'J''--::7 ,-ORRECT COpY Q� THE OFFICE OF DISTRICT' Secretir 1 � . APR 2 - f,9 83 5 RESOLUTION NO . 2-84 RESOLUTION OF THE BOARD OF DIRECTORS OF THE DUBLIN SAN RAMON SERVICES DISTRICT AMENDING RESOLUTION NO . 20-83 AND ADDING EXHIBIT A TO LEASE AGREEMENT WITH SAN RAMON VALLEY COMMUNITY CENTER , INC. FOR SHANNON PARK COMMUNITY CENTER BUILDING WHEREAS , on April 19 , 1983, by Resolution No . 20-83 , this Board approved execution of an Agreement between this District and the San Ramon Valley Community Center, Inc . for the Shannon Park Community Center building; and WHEREAS , the parties thereto have agreed to amend said agreement to provide for a specific level of maintenance ; NOW , THEREFORE , BE IT RESOLVED that Resolution No . 20-83 and said lease agreement be and hereby are amended by the addition of Exhibit A to said Agreement , copy of said Exhibit being attached hereto , marked "Exhibit All and made a part hereof; Resolution No . 2-84 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 3rd. day of January 1984 , and passed by the following vote: AYES : 5 - Directors Ron Noble , Donald M. Schinnerer , Wally Duncan , Richard H . Fahey and Joseph Covello NOES : 0 ABSENT : 0 JOS,�PH OVELLO , President ATTEST : / RO TA JESNG , Se etary APPROVED AS TO FORM : A, 'District Legal Counsel CERTi'!ED AS A TRUE AIID CORRECT COPY& THE OR!C!NAL ON FILE IN THE OFFICE OF —2 DUBLIN q— ,.IoN SERVICES DISTRIPC Secreta JA 4 1984 EXHIBIT A ADDENDUM TO PARAGRAPH 4 . 0 OF 1983-1984, AGREEMENT BETWEEN DUBLIN SAN RAMON SERVICES DISTRICT AND SAN RAMON VALLEY COMMUNITY CENTER , INC. , FOR USE OF SHANNON PARK COMMUNITY CENTER BUILDING SHANNON MAINTENANCE SCHEDULE ( to be performed by San Ramon Valley Community Center, Inc . ) : Office/Carpets Shall be vacuumed twice per week Shall be cleaned once per year and treated with a soil repellant Cabinet finish shall be protected once- per month East Room/Wood Floors Shall be dust-mopped daily Shall be spot-coated with identical polyurethane sealer as needed Do not use any machine applications on this floor Shall be refinished every year with a polyurethane sealer Main Hall/Floors Shall be damp-mopped daily Shall be wax-restored (waterbase) twice per week Floors shall be stripped , neutralized and waxed (waterbase) once per year or more often if needed West Room; Hallway ; Main Lobby/Floors Shall be damp-mopped every other day Wax-restored once per week Shall be stripped , neutralized and waxed (waterbase) once per year Kitchen; Restrooms Shall be damp-mopped daily Wax-restored once per week Shall be stripped , neutralized and waxed (waterbase) once per year or more often if needed All plumbing fixtures shall be - cleaned daily with a germicidal cleaner Ceramic tiles in restrooms should be cleaned daily and sealed (solvent base) once per year Aroma screens or equivalent shall be used in men' s urinals Kitchen appliances and any stainless steel shall be polished once per week to restore to original finish Cabinet finish shall be protected once per month Addendum to Paragraph 4 . c ) of Agreement for Use of Shannon Park Community Center Building Entire Building/Walls Wallpaper shall be cleaned every two weeks Painted walls shall be touched up as needed Graffiti shall be removed immediately when observed Lower Windows ( Under 101 ) Shall be cleaned once per week Upper Windows ( Over 10 ' ) Shall be cleaned twice per year Light fixtures--Inside Building & Bridge Shall replace all burnt out light bulbs that can be reached by a 6 ' step ladder General The Dublin San Ramon Services District shall be responsible for the following : 1) Replacing all overhead light bulbs (not covered by SRVCC) 2) Any building or equipment repairs not damaged due to tenant usage 3) Inspecting facility to determine whether agreement is being upheld on a monthly basis. The Park Maintenance Superintendent shall meet on a regular schedule with a SRVCC representative and head custodian in charge . A written evaluation sheet shall be the outcome of this meeting to determine needs of both agencies involved 4) Approving general activity uses allowable in each room relative to safety and maintenance 5) Complete painting of any painted surface every five years -2- Addendum to Paragraph 4 . c ) of Agreement for Use of Shannon Park Community Center Buildinq The San Ramon Valley Community Center shall be responsible for : 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 . Janitoral staff may be required to perform evening maintenance if needed for early morning users 7) Supplying a list of activities that may be scheduled in each room of Shannon Community Center relative to safety and maintenance and submitting it to District ' s Parks and Recreation Committee for approval . Any change in usage would require approval by the Parks and Recreation Committee g) Assuring only round tables and brown chairs will be allowed in the East room 9) Training all attendants regularly and giving written evaluations every six months 10) Making sure attendants wear identifying clothing 11) Keeping bridge clear of leaves and debris 12) Having staff enforce all rules 13) 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 14) Providing District with copies of user correspondence relative to complaints; meeting with District representatives as needed to review as appropriate 15) Repairing tables damaged by user or attendant abuse 16) Instituting a thorough facility item checkout procedure -3-