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Home My WebLink About4.02 FallonSchoolLease DUSD AGENDA STATEMENT CITY COUNCIL MEETING DATE: Nov, ember.4, 1996 SUBJECT: Agreement for Lease of Fallon~S~hg~!.~M__ultipurpose Facility Report by: Diane Lowart, Parks & Comm ~uni. 'ty Services Director EXHIBITS ATTACHED: Agreement RECOMMENDATION: ~/,~Authorize Mayor to Execute Agreement FINANCIAL STATEMENT: ....... ~g~C, jW: $1,200 DESCRIPTION: In November of~ 1986,. the City of Dublin and the Dublin Unified School District entered in~Q_.gg~Agreement for Lease of Fallon.S~bo~ol,~purpose Facility for use as a senior citizen center. The term of the agreement was for ten years, expiring on November 3, 1996. District and City Staffhave agreed that the Fallon School Multipurpose Room should continue as a sen/or citizen center and have prepared a new agreement for adoption by the City Council. The conditions of the agreement are similar..~o.~o_.~se..~9_[~.~.~e~._original agreement and the term of~_e agreement is for a period of five years, through November, 2001. ..:?~ The School Board approved the attached agreement at their October 16, 1996 meeting. It is, therefore, ':'.. recommended that the City Council approve the agreement and authorize ~¢~_.~gyor to execute the agreement. C : Dublin Unified School District . ITEM NO. F:\citycoun\ccmtgs\ 114srles.doc AGREEMENT FOR LEASE OF FALLON SCHOOL MULTIPURPOSE FACILITY THIS AGREEMENT is made and entered into this 16th day of October, 1996 by and between the CITY OF DUBLIN (hereinafter referred to as "CITY'), a municipal corporation, and the DUBLIN UNIFIED SCHOOL DISTRICT (hereinafter referred to as "DISTRICT"), a political subdivision of the State of California, based on the following understandings. WITNESSETH WHEREAS, the Fallon School Multipurpose Facility is a facility owned by the District and was used for educational purposes until 1986; and, WHEREAS, the District has notified the City that the Fallon School Multipurpose Facility is considered surplus property and no longer is needed for educational purposes; and, WHEREAS, the City desires to lease the Fallon School Multipurpose Facility for use as a senior citizen center and thus maintain the facility as a community facility; NOW, THEREFORE, based on the foregoing mutual understandings, the City and District agree as follows: 1. RESPONSIBILITIES OF CITY For the term of this Agreement, City agrees to manage and maintain the Fallon Multipurpose Facility in the following particulars: a. City shall plan, schedule, coordinate, supervise, and control ali recreation and/or social programs conducted on the premises of said facility. The City shall provide District with a schedule of uses upon request. - 1 - b. City shall provide adequate security for the facility 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. c. City shall be responsible for all utility service associated with the facility, including gas and electricity, telephone, refuse removal, sewer and water service; as well as pest control service. d. City shall be responsible for the maintenance and repair of the interior and exterior of the building and all mechanical equipment associated with the building. e. City is authorized to make any modifications to the building, with District approval, to accommodate the building's use as a senior Citizen Center, including but not limited to: .... ' 1 .) Bring building into compliance with Title 24 of the Uniform Building Code. 2.) Renovate restrooms. 3.) Remove basketball standards, cafeteria seating, and other equipment as necessary. 4.) Install interior walls/dividers where needed. 5.) Replace windows, doors, and draperies, etc. 6.) Rewire electrical panels to separate the power at the facility from the remainder of the school. 7.) Install sign identifying the facility as a City facility. 8.) Painting of the building. 9.) Roof repairs. f. City, at its own cost, shall install landscaping and irrigation for such landscaping along the front wall of the Fallon School Multipurpose Facility as shown on the plans for such landscaping and irrigation system to be approved by District prior to installation. 2. RESPONSIBILITIES OF DISTRICT a. The District shall maintain the landscaping on Parcel C of Parcel Map 5133 and the landscaping and irrigation system installed by City pursuant to Section l(f), as well as those walkways immediately adjacent to the building in accordance with District standards. b. The District shall designate eighteen (18) off street parking spaces for the facility for the exclusive use of the City in close proximity to the building. Access to these parking spaces shall be provided as indicated in Condition No. 21 of the Dublin Planning Commission Resolution No. 86-053. c. The District shall provide adequate pedestrian access from the Facility to Kolb Park as provided for in Condition No. 18, 20, and 21 of the Dublin Planning Commission Resolution No. 86-053 approving Tentative Map 5616. 3. CONSIDERATION FOR AGREEMENT City shall pay to the District the sum of one hundred dollars ($100) per month as and for rent of the Fallon Multipurpose Room. City shall retain all revenues generated from the use of the facility. 4. INDEMNIFICATION City shall assume liability, indemnify, and pay all costs of defense including legal fees court costs, and hold the District harmless from loss, damages, costs, or expenses caused by any negligent or wrongful acts, errors, or omissions of City's employees, agents and subcontractors which may occur in the performance of the terms, duties and obligations of this Agreement. District shall assume liability, indemnify, 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 District's employees, agents and subcontractors which may occur in the performance of the terms, duties and obligations of this Agreement. 5. USE OF PREMISES City shall provide District first priority in use of the facility when not being used for City activities which District may exercise by giving ten (10) days notice of its intent to use the facility. The type of use of the facility proposed by the District will be consistent with the City's use of the facility and subject to approval by the City. 6. DESCRIPTION OF LEASED PREMISES The property which is the subject of this Agreement is the building known as the Fallon School Multipurpose Facility consisting of approximately 6,213 square feet of floor space located on the Fallon School site at 7425 Larkdale Avenue, Dublin, California. 7. TERM OF AGREEMENT The term of the agreement shall be for a period of five (5) years commencing on November 11, 1996 and ending on November 10, 2001, Should District's facility needs make use of the building necessary, however, District may terminate this agreement any time prior to November 11, 2001, by one (1) years' written notice to City. This Agreement may otherwise by canceled or renewed by mutual consent only. 8. CITY RIGHT TO REMOVE IMPROVEMENTS AND EQUIPMENT Upon the termination of this agreement, the City shall have the right, at its sole cost, to remove the improvements and equipment as mutually determined by City and District from the Fallon Multipurpose Room, provided that, reasonable wear and tear excepted, such removal shall not damage the Fallon Multipurpose Room. 9. AMENDMENTS The terms of this Agreement may be amended with written consent of both Parties. 10. NOTICES Each party shall be responsible for notifying the other party of any action which would impact the use of the Fallon Multipurpose Room or School -4 - District 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 District: Superintendent of Schools Dublin Unified School District 7471 Larkdale Avenue Dublin, CA 94568 10. AGREEMENT This Agreement is subject to approval by District's Counsel as to the form of the Agreement. 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 UNIFIED SCHOOL DISTRICT Mayor President, Board of T~st~6-s ATTEST: ATTEST: City Clerk Clerk of the Board of Trustees -.5 -