Loading...
HomeMy WebLinkAboutC-2872City of Arcadia Dominic Lazzarctto City Manager 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066 -6021 (626) 574 -5401 (626) 446 -5729 Fax dlaz7arerro(�r,' ci.arcadia.ca.us www.d.arcadia.ca.us I100� 2� July 8, 2013 Floretta K. Lauber, President Arcadia Historical Museum Foundation PO Box 661514 Arcadia, CA 91066 RE: Museum Education Center Funding, Use and Operation Agreement Dear Ms. Lauber: This letter serves as an agreement between the City of Arcadia (City) and the Arcadia Historical Museum Foundation (Foundation) for the funding, use, and operation of the planned Museum Education Center. On June 4, 2013, the Arcadia City Council approved a contract between the City and TKE Construction, Inc. (TKE) for the design and construction of a Museum Education Center (Center) to be built between the existing Arcadia Community Center and the Gilb Museum of Arcadia Heritage (Museum). The approval of the Center was contingent on a financial contribution of $500,000 from the Foundation. In addition, once constructed, the Center will be utilized for programs organized and operated by both the Foundation and the City. As such, the City and Foundation, by this letter of agreement, intend and agree to the following: 1, The primary purpose of the building is as an education center for classes, presentations, and lectures pertaining to Museum related activities, exhibits, and subjects (Museum Education Activities) during normal operating hours of the museum. Dance classes, exercise classes, and other active recreational uses during Museum operating hours are not compatible with this purpose, and will not be allowed while Museum Education Activities are scheduled. 2. The Foundation shall provide a total of $500,000 to the City to fund the design, construction, and completion of the Center. The funds shall be provided in three installments using the following milestones: Museum Edi - ion Center Agreement Letter July 8, 2013 Page 2 • A payment of $165,000 shall be provided to the City following the execution of the contract with TKE. • A payment of $165,000 shall be provided to the City following the approval of the rough framing inspection by the City's Building Official. • A payment of $170,000 shall be provided to the City following the final inspection by the City's Building Official. The City shall provide notification of each of these project milestones to the Foundation in writing. The Foundation shall provide the required payment within five (5) business days of the date of notification. Failure to provide a payment within the five (5) day period may lead to project delays or a stop work order issued to TKE. 3. Museum Education Activities shall have priority in the scheduling of the Center, and up to 60% of available monthly scheduling time may be allocated for such activities. The City shall avoid scheduling active and /or noise - producing activities when Museum Educational Activities are taking place. 4. The Foundation and Friends of the Museum shall have first priority to schedule dates for annual fundraising events, provided that the dates are scheduled with the City at least 60 calendar days prior to the event. 5. The Foundation shall be provided with a locked cabinet or storage area within the Center for purposes of securely storing their organizational papers and supplies. The Foundation shall be responsible for insuring any and all of its property stored in the Center, and the City shall not be responsible for any loss pertaining to such property. 6. The City shall control access to the building. The Foundation shall coordinate with City staff to access the Center and to lock and secure the Center following use. Whenever possible, the Foundation will schedule its access to the Center during normal operating hours of the Community Center and /or Museum. Providing at least 2 hours' notice prior to requiring access is highly desirable. 7. The City will be responsible for all necessary maintenance and staffing of the building. r ' Museum Education Center Agreement Letter July 8, 2013 Page 3 Any dispute between the parties concerning this agreement, or any change in the points of this agreement, shall be resolved by mutual agreement of the Foundation's President, or his /her designee, and the City of Arcadia City Manager, or his /her designee. If you are in agreement with the above, please execute this letter where indicated and return to me. For your convenience, a duplicate original is enclosed. Sincerely, Dominic Lazzaretto City Manager AGREED: City of Arcadia in Title. Date: 1 Arcadia Historical Museum Foundation By: Title: Date: 7/t/