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HomeMy WebLinkAboutAgr 2010-10-11 (Town of Tiburon & City of Belvedere)AGREEMENT Between Town of Tiburon and City of Belvedere Regarding Ned's Way Facility, Tiburon Whereas, this Agreement is entered into by the Town of Tiburon ("Town") and the City of Belvedere ("City"), together the "Parties", on this 11th day of October, 2010, to set forth the terms and conditions for the use of offices, classrooms and related improvements anticipated to be constructed on Town property located at 600 Ned's Way in Tiburon (Facility). Whereas, Town and City created the Belvedere-Tiburon Joint Recreation Committee ("BTJR") pursuant to a Joint Powers Agreement ("JPA") executed in June of 1975 and most recently amended on October 8, 2001. The BTJR provides programs and services on the Tiburon Peninsula meeting the needs of the Parties; Whereas, BTJR has rented space at local Reed School District school sites, most specifically for after-school programs; Whereas, recently, space has become limited at some of the local school sites and BTJR is facing difficulty maintaining consistent and suitable space within which to operate its programs; Whereas, BTJR requires additional programmable space if it is to satisfy and expand local programming to meet the growing needs of the Tiburon Peninsula; Whereas, Town is willing to use its monetary, land and staff resources to construct a facility of approximately 4,800 square feet of building, parking for approximately 26 vehicles and an outdoor play area on Town-owned land ("Facility") for BTJR use so long as it receives the annual contribution from City, as set forth in this Agreement, and so long as Town believes this to be an appropriate use of Town resources; Whereas, the Parties enter into this Agreement with the hope and expectation that Facility will provide a long-term means of addressing the office and programmatic space needs of BTJR. Now, therefore, the Parties agree as follows: 1. PURPOSE. Nothing in this Agreement shall obligate Town to construct the Facility. However, if Town constructs Facility, Town agrees to allow Facility to be used by BTJR for office and classroom purposes subject to the terms and conditions set forth in this Agreement. 2. TERMS. This Agreement establishes a year-to-year contract between Town and City for the use of Facility by BTJR. While it is the intent of the Town to allow this use of Facility to continue indefinitely, the Town retains the right to terminate this Agreement upon one year written notice to City and BTJR. NED'S WAY FACILITY G EE E Tf OCTOBER 2010 AGE 1 OF 3. CONTRIBUTION FROM CITY. On or before the first day that BTJR occupies the Facility ("Occupancy Date"), City shall pay an annual contribution to the Town of $30,000 ("Annual Contribution") for use of Facility by BTJR during the following year. The Annual Contribution is in consideration for BTJR's use of the classrooms and other non-office elements of the Facility. On each anniversary of the Occupancy Date during the term of this Agreement, the Annual Contribution shall be increased each year by the Consumer Price Index for San Francisco All Urban Wage Earners for the prior year provided, however, Annual Contribution shall not increase by more that 4% annually. If City fails to pay the Annual Contribution within sixty days of the said date, Town may cancel this Agreement upon three days written notice. 4. RESPONSIBILITIES OF THE PARTIES. Town shall be responsible for major building repair and maintenance, such as roof repair and replacement, structural repair, HVAC system, etc., however, nothing in this Agreement shall require the Town to repair Facility if the Town decides, in its sole discretion, that such expenditure is not an appropriate use of the Town's resources. If failure of Town to repair Facility renders Facility unhabitable, no further rental payments shall be due from City and Town shall rebate, on a pro-rata basis, rents paid for balance of year, and this Agreement shall terminate. 5. BTJR USAGE. Town shall enter into a separate agreement allowing BTJR to use Facility in accordance with direction from the BTJR Committee and which allows BTJR to retain proceeds from said activities ("Use Agreement"). The Use Agreement shall provide that (a) BTJR shall be responsible for the Facility's care and maintenance including minor Facility repairs and replacement, janitorial services, grounds maintenance and furnishings; (b) the Use Agreement shall terminate upon termination of this Agreement and (c) upon termination of the Use Agreement, BTJR shall vacate the Facility. Unless the basis for termination of the Use Agreement is due to City's failure to pay the Annual Contribution, an Act of God or other unforeseeable action, or damage to the Facility rendering it uninhabitable, Town shall provide BTJR with one year advance notice of such termination. Town shall provide City with the opportunity to review and comment on the Use Agreement before it is executed. 6. NO THIRD PARTY BENEFICIARY. This Agreement is solely between Town and City to promote the interest of their respective residents. No other party, including, without limitation, BTJR, is a third party beneficiary of this Agreement. 7. RENTAL INCOME FROM BTJR. In the event that the Parties determine that BTJR has become capable of, and should, pay rent to the Parties for its use of the non-office portion of the Facility, said rent shall be allocated between the Parties as described in Section 8 of the JPA. 8. CONTINUATION OF JOINT POWERS AGREEMENT. This Agreement is subject to the JPA between the Parties as it exists at the time of execution or as it may be amended from time to time. Should either Town or City terminate the JPA as set forth in Section 16 of said JPA, this Agreement shall become null and void. NEWS WAY FACILITY tMN~ OR 2010 PAGE OF 3 TOWN OF TIBURON Richard Collins Mayor DIC CITY OF BELVEDF.RE (2 bU aL o C. Telischak a r Dated: Dated: t 1,11 0 APPROVED AS TO FORM: Y Ann R. Danforth, Esq. Town Attorney, Town of Tiburon By.~ Ro ert Epst n City Attorney, City of Belvedere Dated: I Dared: III d I ~ U ATTEST: ATTEST: DIANE CRANE IACOPI TIBURON TOWN CLERK GEORGE R ERICKS BELVEDERE CITY CLERK W Y FACILITY AGREEMENTt OCTOBER 2010 PAGE of