HomeMy WebLinkAboutUkiah Valley Cultural and Recreation Center 2011-02-15; Amendment 3 2013-11-07 1 �
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AMENDMENT NO. 3
TO
MANAGEMENT AGREEMENT FOR ALEX RORABAUGH CENTER
Effective November 7, 2013 ("Effective Date"), this agreement amends the City of
Ukiah and Ukiah Valley Cultural Recreation Center Management Agreement for the
Alex Rorabaugh Center ("ARC') between the City of Ukiah ("City") and the Ukiah Valley
Cultural and Recreation Center ("UVCRC"), dated February 15, 2011 ("Management
AgreemenY'). This is the third amendment to the Management Agreement. Except as
expressly amended by this agreement, Amendment No. 1 and Amendment No. 2, the
Management Agreement is not changed and remains in full force and effect between
the Parties, as it read on February 15, 2011.
A new Section 11.3 is hereby added to Section 11, headed: "Insurance," to
read as follows:
11. Insurance.
11.3 Fire and Property Damage Insurance.
During the term of this Agreement, the ARC shall be insured against
damage or loss to the structure and its contents resulting from fire, lightning
and other risks under Redwood Empire Municipal Insurance Fund
("REMIF") memorandum of coverage ("MOC"), excluding damage or loss
resulting from flooding or earthquake. Such coverage shall terminate upon
termination of this Agreement. In the event of a loss or damage to the ARC,
UVCRC agrees to comply with all MOC requirements, including, but not
limited to, the time and manner of reporting a covered event and paying
from the ARC Operating Fund maintained by the City and/or the Capital
Improvement Fund maintained by the UVCRC the portion of damage
subject to the $10,000 deductible under the REMIF coverage. UVCRC
agrees that City shall have no liability for any damage or loss to the ARC
and that UVCRC's sole recourse against the City in the event of loss or
damage to the ARC or its contents however caused, including, but not
limited to, the negligence of the City or its officers, agents, contractors,
employees or volunteers, is to the coverage afforded under the MOC.
The Section headed: "Budgeting" in the "Center Operating Plan for the ARC"
included as Exhibit A to Management Agreement is amended to read as follows:
BUDGETING
A. City will incorporate the ARC Annual Operations budget into the Community
Services Department Budget and will review and report as scheduled.
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B. The ARC Annual Operations Budget shall be submitted for consideration, by the
City's designee, to the UVCRC Board of Directors and the Ukiah City Council for
consideration. After approval by both the UVCRC and the City Council, these
projections shall become the approved Annual Operating Budget.
C. The City shall contribute $10,000 or an amount agreed to and approved by both
parties during the annual budget process to a Capital Replacement Reserve
Account, held by the UVCRC, for the ARC facility. This reserve account will be
funded from revenues generated from the annual operation of the facility by the
City. It may be supplemented with joint fundraising and grant efforts by the City
and the UVCRC.
The purpose of the Capital Replacement Reserve Account is to set aside funds
for capital improvements, major repairs, and replacement that will be needed
during the life of the facility/property to maintain and support the desired
functions.
Management of the Capital Reserve Account shall be the responsibility of
UVCRC. UVCRC in consultation with City will develop and review on an annual
basis a 30 year projection of estimated capital needs.
END OF BUDGETING SECTION (Eliminating Section D)
IN WITNESS WHEREOF, the UVCRC and the City have executed this Agreement as of
the day and year first above written.
UVCR
By:
Name: ( � �2
Title: I1C,��t�v2�P U �C�C—
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City of Ukiah
Appr as to fo :
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City Attorney Na : Jane Chambers
Titl � ity Manager