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HomeMy WebLinkAboutAgr 1998-07-01 (Bel-Tib Library Agency)_ n! `7- 7 if AGREEMENT FOR SHARING CERTAIN CAPITAL COSTS AND FOR MAINTENANCE This Agreement is made this day of 1998 by and between the Town of Tiburon ("Tib ron") and the Belved re-T uron Library Agency ("Agency"). Agency is a Joint Powers Agency created by the Town of Tiburon and the City of Belvedere ("Belvedere"). The purpose of this Agreement is to arrange for the equal sharing of certain capital costs as defined herein, for the maintenance of common areas of parking and landscaping, and for the payment of certain lighting and irrigation costs on and between the sites of the new Library and the new Tiburon Town Hall on Tiburon Boulevard in Tiburon, California. RECITALS: 1. Tiburon has constructed a new Town Hall. 2. Agency has constructed a new Library. 3. The new Town Hall and the new Library are immediately adjacent to each other. They have certain common parking areas and facilities, including entrances and exits, lighting and landscaping as indicated in Exhibit A attached to this Agreement. The lights for the common parking areas are connected to both the Agency's electric meter (6 yard lights) and Tiburon's electric meter (9 yard lights and flagpole spots). The irrigation for the common landscaping areas is connected to Agency's utility meters. Also, the Agency has need for certain other ongoing landscaping and maintenance services. 4. Capital costs for common areas and facilities are set forth in Exhibit B attached to this Agreement. 5. Tiburon and Agency agree to enter into this Agreement in order to: (a) allocate the capital costs of the common areas and facilities set forth in Exhibit B. (b) establish a procedure for the efficient and economical performance of the maintenance of their common and separate areas and likewise to establish a procedure for the payment of fees and charges for lighting and irrigation of their common areas. (c) establish a schedule for the performance of certain other maintenance services. 6. The term of this agreement shall be from July 1, 1998 to June 30, 1999. This Agreement continues yearly thereafter automatically subject to either party's right to give written notice of termination to the other. If such notice is given hereunder the Agreement shall terminate thirty (30) days thereafter. AGREEMENT: 1. Capital costs (a) The capital costs for the common areas and facilities defined in Exhibit B shall be borne equally by the parties hereto. (b) Said costs total $242,243, of which Agency has paid $172,527 and Tiburon has paid $69,716. (c) Agency shall receive a credit from Tiburon in the amount of $51,405.50, which credit amount shall be applied towards payment of Agency's share of the Maintenance Costs described in Paragraph 2 of this Agreement and as payment for its share of services described in Paragraph 5 of this Agreement. BTLA/Town of Tiburon maint. agreement 09/16/98 Page 1 of 3 (d) In the event one of the two parties hereto desire to alter a common area, the other must give its prior written approval. (e) Any additional capital expenditures required under this Agreement in the future will be shared equally by the parties. 2. Common Areas (a) Landscape and Maintenance Services The parking facilities and landscaping area outlined on the map in attached Exhibit A (Site Improvement Plan) shall be maintained by the Tiburon Department of Public Works at the joint cost of Tiburon and Agency, each to contribute one-half of the total costs. These costs shall be reviewed and adjusted annually and are for regular maintenance only. (b) Lighting and Parking Areas Agency and Tiburon shall pay the monthly cost of lighting the parking areas and flagpole. The ongoing electric power usage for both the Library and Town Hall common areas is approximately equal and actual costs offset each other. (c) Water Use for Irrigation Agency shall pay the monthly cost of irrigating the common landscaped area. The total yearly charges will be shared equally by Tiburon and Agency, with Tiburon's portion being reimbursed to Agency. See attached cost sharing formula, Exhibit E. 3. Responsibility of Maintenance Generally Each owner is to keep, maintain, repair and restore its parcel, excepting such portion thereof as may be within the common area, and the improvements, landscaping and paving thereon in a sound, safe, clean and attractive condition. Each owner shall also keep, maintain, repair and restore its parcel and the improvements, landscaping and paving thereon in compliance with all valid laws, ordinances, and regulations of any governmental entity having jurisdiction over the parcel. The combined owners shall not be responsible for maintenance and repair of the common area arising out of or caused by the willful or negligent act or neglect of a party, its guests, tenants or business invitees. 4. Maintenance of Library Building and Landscape Tiburon shall provide landscape services and maintenance services to the Agency as described in Exhibit C. Charges shall be credited by the Agency against the moneys owed by Tiburon to Agency as described in Paragraph 1(c), as part of the annual accounting, as provided for in this agreement. Tiburon shall provide the services referred to herein promptly upon request for same by Agency. Tiburon's estimated costs that will be charged to the Library for the fiscal year 1998-99 are $6,700 for the services detailed in Exhibit C attached (Maintenance of Library Building and Landscape). 5. Accountina There shall be a yearly accounting of all costs, prepared at the end of each fiscal year (June 30) by Tiburon and Agency showing the above charges and resulting in an adjusted credit figure for the start of the following year. When the credit is exhausted, an amendment to the agreement between the Town and Agency shall be written to cover joint expenditures and any additional services that Tiburon may provide to the Library. 6. Parking Lot Insurance The parties intend to share responsibility for the parking lot on an equal basis. Exhibit D defines the responsibility of the signatories with regard to insurance deductibles and claims in excess thereof. BTLA/Town of Tiburon maint. agreement 09/16/98 Page 2 of 3 7. Termination Clause If either party to this Agreement shall fail to fulfill its obligations in a timely and proper manner, or in the event that any of the provisions or stipulations of this Agreement are violated by either party to this Agreement, either party reserves the right to terminate this Agreement with thirty (30) days written notice. Any remaining financial obligations will be calculated and resolved at that time. Dated this Iq f y day of SeP+eN%doe r 1998. S Town o Tiburon Harry S. Matthews, Mayor APPROVED AS TO FORM: 00 Ann R. Danfortown Attorney Belvedere-Tiburon Library Agency BTLA/Town of Tiburon maint. agreement 09/16/98 Page 3 of 3 7. Termination Clause If either party to this Agreement shall fail to fulfill its obligations in a timely and proper manner, or in the event that any of the provisions or stipulations of this Agreement are violated by either party to this Agreement, either party reserves the right to terminate this Agreement with thirty (30) days written notice. Any remaining financial obligations will be calculated and resolved at that time. Dated this day of , 1998. Town of Tiburon Harry S. Matthew, Mayor APPROVED AS TO FORM: Ann R. Danforth, Town Attorney Belvedere-Tiburon Library Agency Leonard Rogers, Chair Y/1 BTLA/Town of Tiburon maint. agreement 09/16/98 Page 3 of 3 z 43 S b n° 0~ W WV/13110Y 1101nQ1 # ~1 1 uy pp~~~ ~ U E~? i i LL 4 W Z RJY\ .1 ~rRJ~ l L 9K rn - 3 ~ d p qq 1k~ x 1 1z ~~ay( 9= H v F it g tl! x <t F • $ o 6 a Z N N z w W 2 ; F- : (n D ~ ^ LL 1 J4 1 - O M IL ± ^ M U) gig . 41 1 ~ ~ I ► , n t U-. 1 1! is .i ` II` 1111 `A1~z 9 ~ 1141,£ t, ~ ~;j - it 1, 1, 111.1' \ ~v 1- f~ X a X a 4 yJ ty} _ u] x n I3 : 7f ~ y p WQJ i ~ b rn I 8 s O o y 1_ P 4 4i ~ C 3 ~ let I~ I~ ~I I I I I I I I Tib• ----n Town Hall Belvedere-Tiburon ' rary Common Area Construction Costs Exhibit B Component Quantity Unit or Lump Sum Cost Cost Library Town Hall Library Town Hall Library Town Hall Estimated Construction Costs Rough Grading 17500 7450 ` 4 $1.00 $1.00 ` $17,500.00 $7,450.00 Construct Berm @ Bike Path Behind Lib. & Parking 0 1 $0.00 $6,666.00- $0.00 $6,666.00 Storm Drainage PVC Pipe 435 55 $20.00 $20.00 $8,700.00 $1,100.00 Catch Basins 11 0 $750.00 $750.00 $8,250.00 $0.00 Street Tie-In 1 0 $1,000.00 $0.00 $1,000.00 $0.00 Sewer System Street Tie-In 1 0 $5,500.00 $0.00 $5,500.00 $0.00 Paving 12930 6160 $1.75 $1.75 $22,627.50 $10,780.00 Striping 12930 6160 $0.10 $0.10: $1,293.00 $616.00 Curb & Gutter 630 335 $15.00 $15.00 $9,450.00 $5,025.00 Pavers 4425 930 $4.00 $4.00 $17,700.00 $3,720.00 Driveway 280 0 $3.50 $0.00 $980.00 $0.00 Bollards 8 6 $425.00 $425.00 ' $3,400.00 $2,550.00 Flagpole 1 0 $2,500.00 $0.00 $2,500.00 $0.00 Site Lights 6 9 $2,500.00 $2,500.00 $15,000.00 $22,500.00 Landscaping & Irrigation 1 0 $4,000.00 $0.00 $4,000.00 $0.00 Streetwork Original Scope 1 0 $6,000.00 $0.00 $6,000.00 $0.00 Midstate's Gen. Req'mnts 6.45% 6.45% $123,900.50 $60,407,00 $7,991.58 $3,896.25 Midstate's Bonds, OH & Profit 4.48% 4.48% $131,892.08 $64,303.25 $5,908.77 $2,880.79 Actual Change Order Work/Costs Specification on Flagpole 1 0 $113.00 $0.00 $113.00 $0.00 Sleeves to Future Fountain 1 0 $902.00 $0.00 = $902.00 $0.00 Modify Turn-Lane 1 0 $5,079.00 $0.00 $5,079.00 $0.00 Concr. Edge Band @ Pavers 1 0 $582.00 $0.00 $582.00 $0.00 Concr. Substrate @ Pavers 1 1 $13,311.00 $2,532.00 $13,311.00 $2,532.00 Modify Retaining Wall @ P/L 1 1 $1,117.00 $0.00 $1,117.00 $0.00 Install Handicap Van Stripping 1 0 $4,581.00 $0.00 $4,581.00 $0.00 "Keep Right" Sign 1 0 $400.00 $0.00 $400.00 $0.00 Actual Re-Design Costs, BSAR BSAR 1 © $8,641.00 $0.00 $8,641.00 $0.00 Total Costs $172,527 $69,716 S242,243 Share of Total Costs, Percentage 71.22% 28.78% Future/Anticipated Changes Expand Curb Cuts @ Drive-in 0 0 $0.00 $0.00 $0.00 $0.00 7/23/97 SHARED$ Updated 7-23-97 Conversion Management Associates, Inc. M. Sherrill Exhibit C Maintenance of Library Building and Landscape 1. All building and landscape maintenance will be performed on a time and materials basis. The hourly rate will vary depending on the Public Works personnel involved. 2. Estimated time for regular maintenance and repair does not include special projects. 3. The Public Works Department shall provide services to maintain, repair, replace, install and improve the building and its systems in a first class manner equal to the highest standard of urban, mixed use office and retail developments, and in any event, in a condition consistent with the quality of construction, maintenance and repair as of the date of the agreement, reasonable wear and tear expected. 4. A daily log will be kept by the Public Works Department, recording personnel and time spent, work performed, and materials used. 5. The Library Director will meet monthly with the Town Manager and the Public Works Superintendent to review and approve the log report. 6. The Town Manager and Library Director will review bi-annually the costs and remaining balance. Building Maintenance 1. On a weekly basis, usually every Monday, the Tiburon Public Works Department will inspect the library building and premises and register on the library log/checklist, noting any specific problems or deficiencies. Estimated time for this inspection walk- through and minor repairs/maintenance is 1.5 hours per week. 2. The Library Director or representative will post work that needs to be done and the Superintendent will perform or discuss as appropriate. 3. The Public Works Department shall perform maintenance and repair on the building's systems, including mechanical, electrical, plumbing, irrigation and lighting. The personnel shall also perform routine repairs on the building exteriors, interiors, walkways, sidewalk and planters. 4. The Public Works Department will also be available to respond to unscheduled service requests for maintenance work as required. The Public Works Department personnel shall respond within a reasonable period of time to perform the work or advise the Library Director as to what course of action should be taken. 5. The Library will provide the Public Works Department a list of service providers for the facility. 6. The Public Works Department will provide a list of local contacts in case of emergency and the Public Works staff is unavailable. Landscape Maintenance 1. Landscape maintenance will be performed on a weekly basis, usually on Mondays, by the Assistant Superintendent of the Public Works Department. 2. Weekly landscape maintenance will include inspection, weeding, trash pickup, and general maintenance. Estimated time for weekly maintenance will average 2.5 hours a week annually, adjusted on a seasonal basis. 3. Other landscape services - planting, removing trees - will be done on an as needed basis and will be discussed with and authorized by the Library Director in advance. BTLA/Town of Tiburon maint. agreement 09/16/98 Exhibit D Parking Lot Insurance The following represents the understanding of the parties to the Agreement of the responsibilities of the parties under two examples, one involving a claim under $50,000 and the other involving a claim over $50,000. Claim disposed of for $50,000: Tiburon - $25,000 - All within deductible. No insurance payment. Library - $25,000 - All within deductible. No insurance payment. Claim disposed of for $100,000: Tiburon - $50,000 - All within deductible. No insurance payment. Library - $50,000 - $25,000 within deductible. $25,000 paid by insurer. BTLA/Town of Tiburon maint. agreement 09/16/98 Exhibit E Utility Cost Sharing Formula Irrigation Water: The total square footage area of landscaping which is irrigated by the Library is approximately 12,030 square feet, of which 2,100 square feet is directly related to parking. This equates to approximately 18% of the irrigated area. The water consumption as measured by the new irrigation meter will be used to develop a total annual cost for irrigation, as determined by multiplying the number of gallons consumed by the cost/gallon of a typical water bill from MMWD, which will then be split 82% for Library irrigation and 18% shared area irrigation. The shared area irrigation cost will then be divided amongst the parties. BTLA/Town of Tiburon maint. agreement 09/16/98