HomeMy WebLinkAboutMINUTES - 03081994 - 1.47 s
TO: BOARD OF SUPERVISORS Contra
FROM: Barton J. Gilbert, Director of General Services �' 1
- Costa
g 4 County
DATE: March 8, 1994
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.SUBJECT: AMENDMENT TO USE AND MAINTENANCE AGREEMENT - 100 MONTGOM Y
STREET SAN RAMON
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I . RECOMMENDED ACTION
APPROVE an Amendment to the Use and Maintenance Agreement,
commencing March 8, 19.94, with the City of San Ramon, for the
premises at 100 Montgomery Street, San Ramon, for occupancy by
the Country Library, under the terms and conditions more
particularly set forth in said Amendment, and AUTHORIZE the
Director of General Services to EXECUTE said Amendment on
behalf of the County.
II . FINANCIAL IMPACT
No financial impact.
III . REASONS FOR RECOMMENDATIONS/BACKGROUND
The purpose of this Amendment is to transfer the
responsibility of scheduling the meeting room from the County
to the City of San Ramon, as requested by the City of San
Ramon.
CONTINUED ON ATTACHMENT:. YES SIGNATURE: 1 RA&
- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON March 8 , 1994 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT I V ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: -NOES: AND ENTERED ON THE MINUTES OF THE BOARD
-ABSENT: -ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Contact: Barton J. Gilbert ( 313-7100)
cc: Clerk of the Board ATTESTED March 8 , 1994
County Administrator (via L/M) PHIL BATCHELOR,CLERK OF THE BOARD OF
Library (via L/M) SUPERVISO AND COUNTY ADMINISTRATOR
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p BY DEPUTY
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san amon.bdr
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AMENDMENT TO LIBRARY USE AND MAINTENANCE AGREEMENT
100 Montgomery Street
San Ramon, California
1. PARTIES: Effective on March 8, 1994, the CITY OF SAN RAMON,
hereinafter , called "CITY", and the COUNTY OF CONTRA COSTA, a
political subdivision of the State of California, hereinafter
called "COUNTY" , mutually agree and promise as follows:
2 . PURPOSE: The parties desire to amend that. Library Use and
Maintenance Agreement entered into between CITY and COUNTY dated
October 3, 1989, for 100 Montgomery Street, San Ramon,
California, to transfer to CITY the responsibilities for
scheduling the use of the meeting room at this facility.
3. AMENDMENT: Section 8 . USE OF PREMISES: , is deleted in its
entirety and replaced by the following:
8. USE OF PREMISES: The premises shall be used by COUNTY
during the term of this Agreement exclusively for the
purpose of conducting a public library service subject only
to such rules, regulations, and conditions as are generally
applied throughout the County of Contra Costa through the
COUNTY's library service. CITY shall schedule the use of
and maintain the meeting room within the premises, provided
that priority for the use of such room shall be given to the
County Library and the Library Foundation and that CITY
shall permit County Library and the Library Foundation to
schedule uses of the meeting room for no charge prior to
permitting all others to schedule uses of the meeting room.
4. AMENDMENT: Section 13. HOLD HARMLESS: , is deleted in its
entirety and replaced by the following:
13 . INDEMNIFICATION: CITY shall defend, indemnify, save,
and hold harmless the COUNTY and its officers and employees
from any and all claims, costs, and liability for any
i
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damages, sickness, death or injury to person(s) or property,
including without limitation all consequential damages, from
any cause whatsoever arising directly or indirectly from or
connected with the operations or services of CITY or its
agents, servants, employees or contractors hereunder, save
and except claims or litigation arising through the sole
negligence or sole willful misconduct of COUNTY or its
officers or employees . CITY will reimburse COUNTY for any
expenditure, including reasonable attorneys ' fees, the
COUNTY may make by reason of the matters that are the
subject of this indemnification, and if requested by COUNTY
will defend any claims or litigation to which this
indemnification provision applies at the sole cost and
expense of CITY.
COUNTY shall defend, indemnify, save, and hold harmless
CITY and its officers and employees from any and all claims,
costs, and liability for any damages, sickness, death or
injury to person(s) or property, including without
limitation all consequential , damages, from any cause
whatsoever arising directly or indirectly from or connected
, with the operations or services of COUNTY or its agents,
servants, employees or contractors hereunder, save and
except claims or litigation arising through the sole
negligence or sole willful misconduct of CITY or its
officers or employees. COUNTY will reimburse CITY for any
expenditures, including reasonable attorneys ' fees, that
CITY may make by reason of the matters that are the subject
of this indemnification, and if requested by CITY will
defend any claims or litigation to which this
indemnification provision applies at the .sole cost and
expense of COUNTY.
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5. AMENDMENT: Section 12 . ALTERATIONS, FIXTURES AND SIGNS: , is
deleted in its entirety and replaced by the the following:
COUNTY may make any lawful and proper minor alterations, attach
fixtures and signs in or upon the premises, which shall remain
COUNTY property and may be removed therefrom by COUNTY prior to
the termination of this Agreement. Any such alterations, signs
or fixtures shall be at the COUNTY' s sole cost and expense and
all signs shall meet with existing code requirements and CITY's
approval . However, CITY shall provide, install and maintain a
sign at the entry to the meeting room as described in Exhibit "A"
Sign, attached hereto and made a part hereof.
6. EFFECT: Except for the Amendment agreed to herein, the
Library Use and Maintenance Agreement of October 3, 1989 remains
in full force and effect.
7. SIGNATURES:
COUNTY CITY
COUNTY .OF CONTRA COSTA, a CITY OF SAN RAMON
political subdivision of the
State Calif r is
By: By: "
Director of General Services �'lyo�
Title:
RECOMMENDED FOR APPROVAL:
ATTE T:
By: By:
Deputy County Administrator
Title:
:
BY
Count Librarian APPROVED AS TO FORM:
By: By.
_ a
Dep t Gene Services
Director Title:
By:
Lease Ma ge:
APPRO S TO FORM:
VIC OR J. STM A 'i Co y Co nsel
By: LKE:dp
Deputy SRamon.Amd
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EXHIBIT "A" - Sign
NOTICE: This meeting room is under the management of the City of
San Ramon. Questions regarding its use should be directed to the
City. ( Ind:icate department and phone number. )
This sign shall be approximately 81" X 1111 , with letters
approximately " in size.
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