Loading...
HomeMy WebLinkAbout8.1 Shannon Center Lease Renewal 00 c� CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 26, 1985 SUBJECT Shannon Center Lease Renewal EXHIBITS ATTACHED A. Revised Lease (City) ,�k B. Revised Lease (District) RECOMMENDATION: Consider FINANCIAL STATEMENT None DESCRIPTION At the August 12, 1985 meeting of the City Council, staff presented a copy of the proposed Lease Agreement for Shannon Center prepared by the Dublin San Ramon Services District Staff. The Council, in turn, made additional changes to the Lease and directed staff to prepare a revised lease for submittal to the District. The revised Lease is attached, Exhibit A, and the changes are underlined. The DSRSD Board of Directors discussed the revised Lease at their meeting of August 20, 1985. The Board was agreeable to the changes on page one but deleted the Citys additions to page four. , In addition, the Board made an additional change to page six. Exhibit B reflects those changes to the Lease made by DSRSD. It is staffs recommendation that the Council review the Lease Agreement (Exhibit B) proposed by DSRSD. If the Council concurs with the District, staff will prepare a finalized Lease Agreement for the necessary signatures . If the Council is not in agreement with the Lease, it would be the recommendation of staff that a meeting of the City-District Liaison Committee be scheduled for the purpose of further negotiating the Lease. ----------------------------------------------------------------- ITEM NO. -D•-� DUBLIN SAN RAMON SERVICES DISTRICT General Offices: 7051 Dublin Boulevard • Dublin, California 94568 • (415) 828-0515 August 21 , 1985 R C v AUG 21 1985 CITY OF DUUN-4 Mr. Richard Ambrose , City Manager City of Dublin P. 0 . Box 2340 Dublin, CA 94568 Dear Richard: At its meeting last night , the District Board of Directors considered the proposed two-year lease agreement for Shannon Park Community Center and adopted Resolution No. 52-85, approving the agreement with the changes set forth below: Page 4 : Section 2, Line 5--delete "but not be limited to , " Page 4 : Section 2--delete "g . Maintain the grounds in a safe condition . " Page 6 : Section 5, Line 2--replace "grounds and buildings" with "building". The Board felt that the City 's concerns regarding the Shannon Park grounds could be resolved by making it clear in Section 5 that the agreement is for lease of the build- ing only . If the above changes are acceptable to the City, it is my understanding that your staff will prepare the final document for execution by both agencies. If you have any questions , please call . Very truly yours, R BERTA JESSING Assistant to the General Manager cc: Diane Lowart A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA . PROVIDES MUNICIPAL TYPE SERVICES TO CITIZENS OF AMADOR-LIVERMORE AND SAN RAMON VALLEYS Ai euFne Amn rONTPA rnsTA rni iNTlcs "EXHIBIT 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 (hereinafter "Dublin" ) , a municipal corporation, and the DUBLIN SAN RAMON SERVICES DISTRICT ( hereinafter "District" ) , a political sub- division 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 boundaries 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; WHEREAS, the District agrees to provide a higher level of maintenance than that heretofore provided under prior agreements .. and has hired a Maintenance Supervisor for this purpose; NOW, THEREFORE, based on the foregoing mutual understandings, Dublin and District agree as follows : 1 . RESPONSIBILITIES OF DUBLIN. For the term of this Agreement, Dublin agrees to manage and maintain the Shannon Park Community Center in the following particulars : a. Dublin shall plan, schedule, coordinate, supervise and evaluate all recreation and/or social programs conducted on the premises of said facility.. b . Dublin shall schedule the use of the said facility on the basis of "first come, first served" , for activities which are not sponsored by the City of Dublin. All residents of the District shall be Page 1 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 breakage caused by inappropriate use„ intentional i 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 : i 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 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 . 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, but not be limited to, 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. g. . Maintain the grounds in a safe condition. Page 4 3 . CONSIDERATION FOR 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. 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, costs 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 policy. Dublin ' s insurance shall be designated as primary to any insurance carried by the District. Dublin shall pay all premiums 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 worker ' s 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 omission of District ' s employees, agents and subcontractors which may occur in the performance of the terms, duties and obligations of this Agreement. Page 5 5 . DESCRIPTION OF LEASED 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 January 1, . 1986, to December 31, 1987 . This Agreement may be renewed in writing by both parties at any time prior to 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 certified 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 DUBLIN By Mayor ATTEST: City Clerk DUBLIN SAN RAMON SERVICES DISTRICT By President of Board of Directors ATTEST: . . . . . . . . . . . . . . . . . . . . . . Secretary Page 7 "EXHIBIT B" 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 (hereinafter "Dublin" _, a municipal corporation, and the DUBLIN SAN RAMON SERVICES DISTRICT ( hereinafter "District" ) , a political sub- division 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 boundaries 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; WHEREAS, the District agrees to provide . a higher level of maintenance than that heretofore provided under prior agreements and has hired a Maintenance Supervisor for this purpose; NOW, THEREFORE, based on the foregoing mutual understandings, Dublin and District agree as follows : 1. RESPONSIBILITIES OF DUBLIN. For the term of this Agreement, Dublin agrees to manage and maintain the Shannon Park Community Center in the following particulars : a. Dublin shall plan, schedule, coordinate, supervise and evaluate all recreation and/or social programs conducted on the premises of said facility. b. Dublin shall schedule the use of the said facility on the basis of "first come, first served" , for activities which are not sponsored by the City of Dublin. All residents of the District shall be Page 1 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 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 : 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 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 . 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, btt-net be-limited-te; 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 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. g---Mai�ta��-the-g�e���ds-in-a-sa€e-eenditien- Page 4 3 . CONSIDERATION- FOR- 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. 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, costs 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 policy. Dublin ' s insurance shall be designated as primary to any insurance carried by the District. Dublin shall pay all premiums 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 worker 's 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 omission of District ' s employees, agents and subcontractors which may occur in the performance of the terms, duties and obligations of this Agreement. Page 5 5. DESCRIPTION- OF- LEASED- PREMISES. The property, which is the subject of this Lease Agreement, is the 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 January 1, 1986, to December 31, 1987 . This Agreement may be renewed in writing by i both parties at any time prior to 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 certified 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 DUBLIN By - - - - - - - - - . . . . . . . . . . . . . . . Mayor ATTEST: City Clerk DUBLIN SAN RAMON SERVICES DISTRICT By- President of Board of Directors ATTEST: - - - - - - - - - - - - - Secretary Page 7