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HomeMy WebLinkAboutItem 7.1 Shannon Center Lease Renewal (2) . � co,?_0 CITY OF DUBLIN AGENDA STATEMENT MEETING DATE: August 12, 1985 SUBJECT Shannon Center Lease Renewal EXHIBITS ATTACHED A. District-wide Utilization Report B. Proposed Lease Agreement RECOMMENDATION: Consider FINANCIAL STATEMENT See Discussion Below DESCRIPTION At the City Council Meeting of April 22 , 1985, the Council authorized a six month extension of the Shannon Center Lease . In addition, Council members Snyder and Vonheeder were appointed to meet with the DSRSD Liaison Committee for the purpose of discussing the future disposition of Shannon Center. A meeting of the City=District Liaison Committee was held July 10, 1985 . The following items were discussed pertaining to Shannon Center. Capital Improvements The kitchen, social hall floor and stage, parking lot and deck have been identified by either the District or City as needed capital improvements . The District expressed hesitation about putting any money for improvements into Shannon Center. City staff questioned the use of Park Dedication monies and suggested that they could be used towards certain projects . It was decided that District staff would work with . City staff to prioritize improvements and that input from City staff would be sought before actual improvement projects are begun. Maintenance Cost -Responsibility City staff voiced dissatisfaction with the level of maintenance by DSRSD both at the Center and in the park. Written maintenance requests have been left undone for three months . The District has budgeted for a Maintenance Supervisor, who will devote more time to preventive maintenance at Shannon Center and other District facilities . This person should be hired by July 15, 1985 . District-wide Utilization Report As per the District ' s request staff prepared utilization reports for the Fi�cal Year 1984-85 (Exhibit A. ) The Expenditure and Revenue Report shows expenditures of $73, 134 and revenue of $75, 338 with a net gain of $2 , 204 . This report did not take into consideration administrative overhead costs from the City ' Manager ' s office . The Comparison of User Groups is broken down by class enrollment and private rentals . Classes are comprised of 57% Dublin Residents , 31% San Ramon Residents with 12% from other areas . 50% of the building rentals are from groups other than DSRSD residents . Dublin accounts for 28% and San Ramon accounts for 22% . Facility Utilization has increased each quarter from 15% in Summer of 1984 to 24% in Spring of 1985 . ----------------------------------------------------------------- ITEM NO. ' AGENDA STATEMENT - Shannon Center Lease Renewal Page Two The District thanked the City for the report and stated that they never received such comprehensive reports from SRVCC. Management Fees The District would like the City to consider forfeiting the $2 , 000 per month management fee. It was pointed out that the District ' s revenues are being reduced each year and that the $24, 000 paid to the City could be better utilized elsewhere . It was the City ' s contention that the District benefits by the City ' s utilization of the Shannon Center and that it would cost the District that much or more if the building were left vacant. Lease Agreement Attached is a copy of the proposed Lease Agreement suggested by DSRSD (Exhibit B) . You will notice that the few deletions are lined out and proposed new language is underlined. The District agrees to provide a higher level of maintenance at Shannon Center while the City agrees to forfeit the management fee . The proposed lease is for two years . At this time, staff feels it would be appropriate to discuss the proposed changes to the Shannon Center Lease Agreement. If the Council concurs with the District and deletes the management fee, staff would recommend that the District be requested to clarify what it means by "higher level of maintenance" . EXHIBIT A EXPENDITURE AND REVENUE REPORT SHANNON COMMUNITY CENTER July 1984 - June 1985 EXPENDITURES Personal Services Director of Recreation - 25% $ 9, 560 . 00 Secretary - 30% 6, 511.00 Building Attendants 18, 597 .00 Total Personal Services $ 34 , 668.00 Contract Services Maintenance Contract $ 10, 230 . 00 Alarm/Exterminator 1,991.00 Total Contract Services $ 12 , 221 . 00 Services and Supplies Office Supplies $ 478. 00 Postage 1, 075. 00 Reproduction 129 . 00 Maintenance Supplies 2, 562 . 00 Telephone 3, 458. 00 Advertising 59 . 00 Printing 3, 409 . 00 Repairs/Maintenance 27 .00 Utilities 11, 012 . 00 Capital Outlay 4 , 036.00 Total Services and Supplies $ 26, 245. 00 TOTAL EXPENDITURES $ 73 , 134 . 00 REVENUE Rental Fees Private Rentals $ 33, 088.00 Sustaining Contracts . 18, 251.00 Total Rental Fees $ 51, 339 . 00 Management Fee $ 23, 999 . 00 TOTAL REVENUE $ 75, 338 . 00 SUMMARY Total Expenditures $ 73, 134 . 00 Total Revenue $ 75, 338 . 00 Net Gain $ 2, 204 . 00 COMPARISON OF USER GROUPS SHANNON COMMUNITY CENTER JULY 1984 - JUNE 1985 CLASS ENROLLMENT - (Department Sponsored) QUARTER DUBLIN SAN RAMON OTHER TOTAL SUMMER 1984 126 9 24 159 FALL 1984 321 116 47 484 WINTER 1985 232 176 57 465 SPRING 1985 127 143 46 316 . . . TOTAL 806 444 ( 174 1, 424 PRIVATE RENTALS . MONTH DUBLIN SAN RAMON OTHER TOTAL � . JULY . . 2 2 . 4 ) . 8 AUGUST . . . . . 3 . 3 5 11 SEPTEMBER. . 1 2 6 9 OCTOBER 4 0 8 12 NOVEMBER . 3 3 T 4 10 DECEMBER. . . . 2 . . . . . 2 . . . . . 9 13 JANUARY . . . . 2 . . . . . . 1 . 2 . . . . 5 . FEBRUARY . . . 1 . . . . . 3 . . . 1 . . . . 5 MARCH . . . . . . 5 . . . 3 . 5 . 13 APRIL . 3 . . 1 . 4 8 MAY . . 3 . . . . . 2 . 4 . 9 JUNE . 3 3 . 6 . 12 TOTAL 32 ( 25 58 115 FACILITY UTILIZATION SHANNON COMMUNITY CENTER JULY 1984 - JUNE 1985 Summer 1984 Available Hours Percentage Room Hours Utilized Occupied Social Hall 824 395 48% East Room 824 73 9% West Room 824 57 1/2 7% AB Room 824 80 1/2 10% Preschool Room 824 . 16 . 3% Total 4 , 120 622 15% Fall 1984 Available Hours Percentage Room Hours Utilized Occupied Social Hall 1169 519 44% East Room 1169 145 12% West Room 1169 191 16% AB Room 1169 180 15% Preschool Room 1169 216 18% Total 5, 845 1, 251 21% Winter 1984 Available Hours Percentage Room Hours Utilized Occupied Social Hall 1170 534 46% East Room 1170 137 12% West Room 1170 191 16% AB Room 1170 170 15% Preschool Room 1170 252 22% Total . 5, 850 1, 284 22% Spring 1985 Available Hours Percentage Room Hours Utilized Occupied Social Hall 810 430 1/2 53% East Room 810 114 1/2 14% West Room 810 152 19% AB Room 810 98 1/2 12% Preschool Room 810 181 22% Total 4 , 050 976 1/2 24% Based on Sunday through Thursday from 9 : OOam-10: 00pm; Friday and Saturday from 10 : 00am-12 : 00 midnight. DUBLIN SAN RAMON SERVICES DISTRICT General Offices: 7051 Dublin Boulevard o Dublin, California 94568 (415) 828-0515 July 17 , 1985 Mr. Richard Ambrose , City Manager City of Dublin P. 0 . Box 2340 Dublin, CA 94568 Dear Richard: Re : Shannon Park Community Center Lease Agreement As a follow-up to the City-District liaison committee meeting of July 10 , you and I were to rework the instru- ment and present it to our governing bodies in the near future . Here are the pages containing the changes that Dave Schricker , our legal counsel , and I prepared . You will notice that the few deletions are lined out and pro- posed new language is underlined . Since the original is on your word processor, we did not redo the entire instru- ment . Please call me if you have any problems with these changes. We feel it is more appropriate to explain rea- sons for the changes in this communication rather than in the agreement itself. As discussed at the liaison committee meeting , our agency has already hired an additional Maintenance and Construction Worker, thus permitting the District to be far more responsive to the maintenance needs at Shannon. This will allow the City to concentrate on recreation pro- gramming , rather than worrying about how to effectuate repairs to the premises. The District 's Board is deter- mined to cooperate to the fullest extent , as evidenced by employing this individual prior to meeting about"the Shannon agreement . In like manner, the consideration set forth in Section 3 of the agreement has been deleted as an offset to the District 's increased commitment to mainten- ance of the facility . Our members felt the meeting was very productive , and we look forward to the conclusion of a mutually satisfac- tory arrangement. Very truly yours, PR: r j PAUL RYAN General Manager encls . A POLITICAL SUBDIVISION OF THE STATF.OF CALIFORNIA PROVIDES MUNICIPAL TYPE SERVICES TO CITIZENS OF AMADOR-LIVERMORE AND SAN RAMON VALLEYS AI-AMECA AND CONTRA COSTA COUNTIES. DRAFT - Attachme o Letter from Ryan to AmbrosE ed July 17, 1985 E X H I B I T A AGREEMENT FOR LEASE OF SHANNON PARK COMMUNITY CENTER THIS AGREEMENT is made and entered into this day of , 1985, by and between the CITY OF DUBLIN (here- inafter "Dublin") , a municipal corporation , and the DUBLIN SAN RAMON SERVICES DISTRICT (hereinafter "District" ) , a political subdivision .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 boun- daries 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 ; and WHEREAS , the District agrees to provide a higher level of maintenance than that heretofore provided under prior agree- ments ; NOW , THEREFORE, based on the foregoing mutual understand- ings , Dublin and District agree as follows: 1 . RESPONSIBILITIES OF DUBLIN For the term of this Agreement , � Dublin agrees to man- age and maintain the Shannon Park Community Center in the fol- lowing particulars : a. Dublin shall plan, schedule , coordinate , super- vise and evaluate all recreation and/or social programs conducted on the premises of said facility . b,. Dublin shall schedule the use of said facility on tie basis of "first come , first served" for acti- vities which are not sponsored by the City of Dublin . All residents of. the District shall be 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 l 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 : f 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 DSKSD 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 procedure 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 i 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. Page 4 3. CONSIDERATION OF AGREEMENT Dublin shall pay to District the sum of One Dollar ($1 .00) per year as and for rent for the Shannon Park Community Center. �XXtXrX/g�S�XX/���y/X�5/p�6�d�rs/XVi�/ tic /USX/$��00�J[OJ0 0&1 Al b4tr��f!//XvS/�drB�XibvS/XIS/ yid/X�Str�/���5/ 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 , cost 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 pol- icy . Dublin ' s insurance shall be designated as primary to any insurance carried by the District . Dublin shall pay all pre- miums 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 workers ' 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 omissions of District 's employees, agents and subconstrctors which may occur in the performance of the terms , duties and ;6bligations of this Agreement . Page 5 5 . DESCRIPTION OF LEASE PREMISES The property which is the subject of this Lease Agreement is the grounds and buildings known as Shannon Park Community Center, 11600 Shannon Avenue , Dublin, California, 94568. 6. TERM OF AGREEMENT The term of this Agreement shall be from 00Z�/X,( Z794 January 1 , 1986 Y010Vvf0130. 1191M December 31 , 1987. This Agreement may be renewed in writing by both parties at any time prior to 0Vvf0 1Y, IX9'88 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 certi- fied 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 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 B y Mayor AT City Clerk DUBLIN SAN RAMON SERVICES DISTRICT By Pres de of Board of Directors ATTEST: i Se tary f Page 7 SHANNON INVENTORY ATTACHMENT 1 5/1;84 . ITEM DESCRIPTION LOCATION AMOUNT CONDITION ------------------------------------------------------------------------------------------- Wall Plaques 4 Lobby 4 Good Bulletin Board 60" Lobby 1 Poor Chalk Board Small Lobby 1 Fair Chess Board Large Lobby a 1 Good Trash Recpt. Metal Lobby I Good Chair Brown Lcbby 1 Good Ash Tray 18" Lobby 1 Fair Rect. Table 60" Lobby 1 Good Desk 601Ix70 1IMetal Office 1 Good Desk Chair Green Office 1 Pcer Tripods Small Alumn. Office 3 Fair Ladder 14' Wood Office I Good Steam Trays Stain. Steel Office 10 Good Trash Recpt. Metal Office 3 Good Rect. Table 36"x72" Office 1 Good Metal Table 60" Office I Good File Cabinet 4 Drawer Office 1 Good Upol. Chair Brown Office 3 Fair Vinyl Coy. Chair Brown Office 1 Poor Port. Metal Closet Gray Office 1 Good Round Tables 5 ft East Room 5 Good Chairs Brown East Room 42 Good Chairs Red East Room 5 Good Chairs Yellow East Room 3 Good Chalk Board 6 ft. East Room 1 Good Trash Recept. Metal East Room 2 Good Rect. Table=_ eft.x3ft. West Rcom 22 Poor Rect. Tables Bft.x 30, West Roo* 10 Poor Round Tables 60" West Room 17 Good Table Carts West Room 4 Good Chair Carts Nest Room 1 Good Table Carts(ncund) West Roos. 7 Goad Podium Wood West Room 1 Fair Chair Dolley Pipe West Roo-, 1 Good Chairs Brown West Room 54 Good Chairs Orange West Room 133 Good .Trash Recept. Metal West Room I Good Chairs Red A B Room Al Good Chairs Yellow A B Roam 19 Good Trash Recpt. Metal A B Ru,om 1 Good Balance Beam AMF A B Room. 1 Good Metal Fraoe 58 11x55" A B Room 1 Poor Table Tennis Table Folding A B Room(stor.) 1 Good Floor Mat 127x6'(0range) A B Room(stor.) 1 Good Floor Mat 9.5'x4.5'(Green) A B Room(stor.) 4 Fair Floor Mat B'x4'(Blue-White) A B Room(stor.) 4 Good Floor Mat 10'r.5'(Ora'nge) A B Room(stor.) I Good Floor Mat 6'x4'(Blue-White) A B Room(star.) 1 Good Medical Stretcher A B Room(star.) I Good Rect. Tables 8ft.x36" A B Room 4 Fair Chairs Small Preschool 20 Good Tables Small Preschool 7 Good Trash Recpt. Metal Preschool 1 Good Elect Kiln Cress Elect. Long Star, I Good Elect Pot Wheel Robert Brent Long Stu. 2 Good Chairs Brown Behind Stage 29 Good Chairs Orange Behind Stage 10 Good Ladder 6' Alumn. Behind Stage 1 Fair Ladder 8' Wood Behind Stage 1 Good Card Table 70" Behind Stage 1 Poor . Card Table 36" Behind Stage 2 Fair P.A. Syste: ALTEC Stage 1 Good Chair Brown Hall 1 Good Chair Pianno Hall 1 Fair Pianno Upright Hall 1 Poor Trash Recpt. Metal Hall 1 Good Table 59%'IB" Hall 1 Poor Chairs Red Stor. Room 28 Poor Chairs Yellow Star. Room 1 Poor ATTACHMENT 2 SHANNON MAINTENANCE SCHEDULE - by City of Dublin 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 Meeting Room/Concrete F-lbors ( Downstairs ) Shall be damp mopped twice per week Preschool (Downstairs ) Shall be vacuumed twice per week Shall be cleaned once per year and be treated with a soil repellant 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 10 ' ) 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 ' ladder