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HomeMy WebLinkAboutAgr 2001-11-07 (Sam's and various parties) Alex McIntyre ~ .. . .3/1- . ~\}..L~C:.- l~ ~ . ~~....~\Wf~ ~~~~. .. ~.... .. 1L~~V..... ............~ . . V .L\/~\ OR~\NAL MEMORANDUM OF UNDERSTANDING DOWNTOWN TIBURON PUBLIC RESTROOMS This MEMORANDUM OF UNDERSTANDING is entered into on by and between the ANGEL ISLAND FERRY SERVICE, a , ("Ferry Service") SAM'S ANCHOR CAFE, a California Limited Partnership ("Sam's"), the TffiURON PENINSULA CHAMBER OF COMMERCE (the "Chamber"), the TOWN OF TffiURON, a municipal corporation ("Town") and the STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, (the "Department"), with respect to the following facts and circumstances: A. The Department holds a long term lease on property in the Town of Tiburon for the purpose of providing public restrooms for those visitors to Angel Island State Park utilizing Tiburon as a point of departure for Angel Island. B. By concession contract with the Department, the Ferry Service is authorized to provide ferry access from the Town of Tiburon to Angel Island State Park. A component of this concession contract requires Angel Island Ferry Service to open, or cause to be opened, the above described public restrooms during the days and hours that the ferry service is in operation and to provide, or cause to be provided, housekeeping services for the restrooms. C. Sam's and its customers benefit from the public restrooms during the hours the restaurant is open. Hours of operation for the Ferry Service, and therefore the hours that the public restrooms are required to be open, are considerably less than the hours of Sam's Restaurant. Sam's Restaurant would benefit by extending the hours and days that the public restrooms are open. D. Because public restrooms are non-existent in Downtown Tiburon, visitors and residents of the Town would benefit from the convenience of public restrooms in the,Downtown. E. Because one of the goals of the Chamber of Commerce is to enhance the retail shopping . experience Downtown and since many businesses in the Downtown lack adequate public restroom facilities, the Chamber of Commerce would benefit by providing public restroom. F. The Department has a responsibility to provide operable and accessible restroom facilities for visitors to Angel Island State Park, but does not have the responsibility or the funding to maintain publi~ restrooms for other purposes. Within these limitations the Department desires to cooperate with Angel Island Ferry Service, Sam's Restaurant, the Chamber of Commerce and the Town of Tiburon in meeting the public restroom needs: NOW, THEREFORE, the Department, the Ferry Service, Sam's, the Chamber and the Town agree to the following: 1. The Department agrees to restore the restrooms to a clean, operable and accessible standard as identified in the terms of the lease. The Department will continue to pay the lease on the property as well as all utilities associated with the property. 2. Sam's will open and close the above-described restrooms and will provide all housekeeping, maintenance, inspection and repair services to these restrooms to the satisfaction of the signatories to this agreement. The restrooms will be opened daily no later than 7:00 AM and be closed daily the later of either 8:00 PM or the close of Sam's food and beverage deck services. 3. For the services described above, the Town of Tiburon, Chamber, and Ferry Service will provide compensation to Sam's as follows: a. The Town\'Will annually contribute Twenty Five Hundred Dollars ($2,500.00), to be paid to S~n twelve monthly installments of Two Hundred Eight Dollars and Thirty-Three Cents ($208.33). b. The Chamber will annually contribute Twenty Five Hundred Dollars ($2,500.00), to be paid to Sam's in twelve monthly installments of Two Hundred Eight Dollars and Thirty-Three Cents ($208.33). c. The Ferry Service will annually contribute Two Thousand Dollars ($2,000.00), to be paid to Sam's in twelve monthly installments of One Hundred Sixty Six Dollars and Sixty-Six cents ($166.66). 4. The term of this MEMORANDUM OF UNDERSTANDING is twelve (12) months from the effective date, however, at the end of six (6) months it will be subject to a mid-term review. Upon review if any of the parties wish to withdraw from this agreement it will be terminated thirty (30) days after written notification of the other parties. Additionally, at the time of review modifications to this agreement may be made if mutually acceptable to all parties. / / / / / / / / SIGNATURES ON NEXT PAGE IN WITNESS HEREOF, the parties hereto have executed this agreement as of the date first written above. SAM'S ANCHOR CAFE BY:~~ Anch' r Restaurant Corporation, A California Corporation General Partner ANGEL ISLAND FERRY SERVICE By: Its: TOWN OF TIBURON STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By: By: TIBURON PENINSULA CHAMBER OF COMMERCE By: Its: APPROVED AS TO FORM Ann R. Danforth Town Attorney IN WITNESS HEREOF, the parties hereto have executed this agreement as of the date first written above. SAM'S ANCHOR CAFE ANGEL ISLAND FERRY SERVICE By: By: Anchor Restaurant Corporation, A California Corporation General Partner By: STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By: TIBURON PENINSULA CHAMBER OF COMMERCE By: APPROVED AS TO FORM /~~ Ann R. Danforth Town Attorney IN WITNESS HEREOF, the parties hereto have executed this agreement as of the date first written above. SAM'S ANCHOR CAFE ANGEL ISLAND FERRY SERVICE By: Anchor Restaurant Corporation, A California Corporation General Partner By: Its: TOWN OF TIBURON STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By: By: TIBURON PENINSULA CHAMBER OF COMMERCE By: Its: :'""> 6X5GU11 LJt5 t4 ~ ltJ,<J ~6 Y'L~~/ APPROVED AS TO FORM Ann R. Danforth Town Attorney IN WITNESS HEREOF, the parties hereto have executed this agreement as of the date first written above. SAM'S ANCHOR CAFE ANGEL ISLAND FERRY SERVICE By: Its: /' By: Anchor Restaurant Corporation, A California Corporation General Partner TOWN OF TIBURON STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By: By: TIBURON PENINSULA CHAMBER OF COMMERCE By: Its: APPROVED AS TO FORM /~/~ A11n R. Danforth Town Attorney IN WITNESS HEREOF, the parties hereto have executed this agreement as of the date first written above. SAM'S ANCHOR CAFE ANGEL ISLAND FERRY SERVICE By: Anchor Restaurant Corporation, A California Corporation General Partner By: Its: TOWN OF TIBURON STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By: BY:~~ TIBURON PENINSULA CHAMBER OF COMMERCE By: Its: APPROVED AS TO FORM Ann R. Danforth Town Attorney