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HomeMy WebLinkAbout4.03 AmendAgmtFalnMultipur CITY CLERK File # 600-40 AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 15, 2004 SUBJECT: Amendment to the Agreement for Lease of Fallon School Multipurpose Facility Report by Diane Lowart, Parks & Community Services Director ATTACHMENTS: ~) Amendment RECOMMENDATION:"'~/" Authorize Mayor to Execute Amendment FINANCIAL STATEMENT: None DESCRIPTION: The City is party to an agreement with the Dublin Unified School District for lease of the Fallon School Multipurpose Facility for the Dublin Senior Center. The current agreement will expire on June 30, 2004. As the new Senior Center will not be complete until spring 2005,. it is necessary to extend the term of the agreement for one additional year to June 30, 2005. In addition to extending the term of the agreement, two areas of the agreement have been slightly modified to clarify the responsibilities of the City related to security of the facility and utility service to the facility. The City Attorney has prepared Amendment No. 2 to the Agreement for Lease of the Fallon School Multipurpose Facility (Attachment 1). It is the recommendation of Staff that the City Council approve the Amendment and authorize the Mayor to execute the Amendment. COPIES TO: Dublin Unified School District K:\COUNCILXAgenda StatementsX2004\6-15 sr cntr amendment.doc AMENDMENT NO. 2 TO THE AGREEMENT FOR LEASE OF FALLON SCHOOL MULTIPURPOSE FACILITY This amendment is made and entered into this __day of ,2004 by and between the City of Dublin ("the City"), a municipal corporation, and the Dublin Unified School District ("the District"). RECITALS 1. The parties entered into an Agreement for Lease of Fallon School Multipurpose Facility (dated October 16, 1996) in which the District agreed to lease the Fallon School Multipurpose Facility to the City. 2. The parties entered into Amendment No. 1 to the Agreement for Lease of Fallon School Multipurpose Facility (dated August 6, 2002) in which the parties agreed to extend the term of the lease until June 30, 2004. 3. The parties desire to extend the Agreement until June 30, 2005. 4. The parties also desire to make certain changes to the Agreement regarding the City's responsibilities under the Agreement. NOW, THEREFORE, the City and the District agree as follows: a. Paragraph 1, subsection (b) of the Agreement is amended to read as follows: "1. RESPONSIBILITIES OF CITY b. City shall provide adequate security for the facility to protect against burglaries and other unauthorized entries. City shall be responsible for and hold District harmless from any damage which is the proximate result of a breach of premises security. Secudty service shall consist of security alarm service and police patrol." b. Paragraph 1, subsection (c) of the Agreement is amended to read as follows: "1. RESPONSIBILITIES OF CITY c. City shall pay for all utility service associated with the facility, including gas and electricity, telephone, refuge removal, sewer and water service; as well as pest control service." 693149-1 ATTACHMENT 1 c. Paragraph 7 of the Agreement is amended to read as follows: "7. TERM OF AGREEMENT The Agreement shall commence on November 11, 1996 and terminate on June 30, 2005. This Agreement may be cancelled or renewed by mutual consent only." IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above wdtten. DUBLIN UNIFIED SCHOOL DISTRICT CITY OF DUBLIN President, Board of Trustees Mayor Attest: Attest: Clerk of the Board of Trustees City Clerk Approved as to form: Approved as to form: District Counsel City Attorney 693149-I