HomeMy WebLinkAbout01/02/1990, C-4 - AGREEMENT WITH SAN LUIS OBISPO CHILDREN'S MUSEUM REGARDING USE OF CITY PROPERTY AT 1010 NIPOMO STRE u t� MEETING DATE:
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city Of San LUIS oBispo January 2, 1990
COUNCIL AGENDA REPORT WaGe ITEM NUMBER:
FROM: John Dunn, City Adminsitrative Officer
Prepared by: Candace Havens, Special Assistant to the
CAO
SUBJECT: Agreement with San Luis Obispo Children's Museum
regarding use of city property at 1010 Nipomo Street.
CAO RECOMMENDATION:
Adopt resolution approving an agreement authorizing the
San Luis Obispo Children's Museum to improve and use the
building and grounds at 1010 Nipomo Street until needed
for use by the San Luis Obispo Little Theatre.
DISCUSSION:
At its September 19, 1989 meeting, the City Council directed staff
to draft an agreement with the San Luis Obispo Children's Museum
for use of city property at 1010 Nipomo Street. The San Luis Obispo
Little Theatre wishes to begin construction on this site in about
two years and it is proposed that the museum occupy the building
in the meantime.
The proposed museum will be an exploratory, hands-on type museum
for children which will be sponsored by the City of San Luis Obispo
as a Recreation Department program. As such, no rent will be
charged, city staff will assist in operations and maintenance, and
the operation will be covered by the City's insurance.
Other features of the agreement between the City and Museum include
the following:
* The Museum will be responsible for acquiring all necessary
approvals and permits and for remodeling the building for museum
use, including adjacent landscaping.
* While the Museum is not expected to be ready for operation
until summer of 1990, the Musueum will be permitted access to the
building as of January 1990 to evaluate the structure and to
prepare it for renovation.
* The building is currently used for storage of City
maintenance equipment. Planning and Public Works staff are
presently reviewing the design and location of large storage
containers which will be used to store the equipment until
permanent storage facilities are completed.
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COUNCIL AGENDA REPORT
Staff Report
Page Two
* If the Little Theatre is not ready to begin construction
when the agreement terminates, the Museum may request time
extensions at 3-month intervals and may continue to use the
building as long as their activites do not interefere with the
progress of the theatre construction.
* The Museum staff will maintain the exhibits and clean the
Museum and grounds to keep it in first-class condition.
* The City will provide part-time staffing for the first year
of operations and the Museum staff will assume staffing
responsibilities the following year unless another arrangement is
made in advance.
* The City will initiate rezoning/general plan amendment of
this property to a designation which is compatible with nearby
properties and downtown activities; this site is currently located
in a historical zone and is designated for office uses (0-H) ;
neither museums nor theatres are permitted in this zone.
FISCAL IMPACT
No expenses will be incurred during FY 1989-90. Total cost to the
city for its share of Museum operations for FY 1990-91 is estimated
at:
$5000 Part-time staff
800 Maintenance
2400 Utilities and supplies
$8200
If Museum staff assumes the staffing responsibility as proposed,
this cost will be reduced by $5, 000 and total expense to the City
for the operations after the first year of operations will total
$3200. Money is not currently budgeted for this purpose and must
be approved for FY 1990-91.
ALTERNATIVES
1. Approve the draft agreement, with or without modifications.
Staff will proceed with administration of the agreement.
2 . Request changes to the agreement and/or additional information
and direct staff to return to the Council at a later date with
revisions/information.
�I�����N►�IIIIIIIIIp°�"�91�111 city of sal► Luis OBIspo
i COUNCIL AGENDA REPORT
Staff Report
Page Three
CONCURRENCES
This document has been reviewed by the Departments of the City
Attorney, Administration, Public Works, and Parks and Recreation.
CONSEQUENCE OF NOT TAKING RECOMMENDED ACTION
The Museum will need to find another facility and additional fund
sources before operating; City coverage of rent and insurance
provides a significant savings to the Museum and thus, costs will
increase for an operation which is not co-.sponsored by .the City.
ACTION RECCOMENDED:
Recommend the Council approve the attached resolution, authorizing
the San Luis Obispo Childrens' Museum to remodel and use city
property at 1010 Nipomo Street for the next 18 months or until
needed for another city use, such as for construction of a Little
Theatre.
ACTION TAKEN:
Approved As Recommended As Modified
Denied Continued
ATTACHMENTS
- Resolution
- Agreement for Use of City Property
- Exhibit " B" - Tentative Schedule
- Exhibit "A" = Site Plan
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B1/cmuseum
RESOLUTION NO. (1990 SERIES)
A RESOLUTION OF THE COUNCIL OF THE .
CITY OF SAN LUIS OBISPO
AUTHORIZING TEMPORARY USE OF CITY PROPERTY
AT 1010 NIPOMO STREET BY THE
SAN LUIS OBISPO. CHILDREN'S MUSEUM
BE IT RESOLVED by the San Luis Obispo City Council as follows:
SECTION 1 . That certain agreement attached hereto, marked
Exhibit "A" and incorporated herein by reference, between the City
of San Luis Obispo and San Luis Obispo Children's Museum is hereby
approved and the Mayor is authorized to execute the same.
SECTION 2 . The City Clerk shall furnish a copy of this
resolution and a copy of the executed agreement approved by it
to: San Luis Obispo Children's Museum, Parks and Recreation
Department, Finance Director, and Office of Administration..
COn (notion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of
, 1990.
MAYOR Ron_ Dunin
ATTEST:
CITY CLERK Pam Voges
Approved:
City A minstrative Officer Ci y Financ Director
At or
AGREEMENT BETWEEN CITY OF SAN LUIS OBISPO AND
SAN LUIS OBISPO CHILDREN'S MUSEUM FOR
USE OF CITY PROPERTY AT 1010 NIPOMO STREET
This Agreement entered into this day of 1990,
between the City of San Luis Obispo (herein referred to as "City"
and the San Luis Obispo Children's Museum, a non-profit
organization (herein referenced as "Museum") .
WITNESSETH
WHEREAS, the City is the legal owner of the property located
at 1010 Nipomo Street in the City of San Luis Obispo as shown in
graphic description of the subject property is attached hereto as
Exhibit "A" .
WHEREAS, the City is willing to allow for temporary use of
this property by the San Luis Obispo Children's Museum, a non-
profit organization, and that the Museum has authority to enter
into an agreement for the use of the property;
WHEREAS, the City wishes to support the opportunity for the
youth of the community to experience a creative, educational, and
exploratory type of museum geared to children' s interests;
WHEREAS, the City considers use of this property by the Museum
to be in the public interest and an appropriate complement to the
Mission Plaza and its activities;
NOW, THEREFORE, in consideration of the mutual covenants,
conditions, promises and agreements herein set forth, the city and
Museum hereby agree to the following terms. and conditions for use
of this property:
LEASE TERMS
1. The Museum agrees to occupy the subject property, to
remodel the existing structure and to operate the facility for the
term of the Agreement.
2 . The term of use of the property as a Museum will begin on
January 1, 1990 and last 18 months ending June 30, 1991. The
Museum may request three-month extensions of the Agreement. Such
requests shall be submitted in writing to the City Administrator's
Office no less than one month in advance of time extension
requested. Time extensions shall be subject to the approval of the
City and the San Luis Obispo Little Theatre and shall be denied if
continued use of the property by the Museum would conflict with
Little. Theatre's plans for redevelopment of the site.. Such
approvals shall not be unreasonably withheld.
3 . The City agrees to -sponsor the Museum as a City Recreation
Department Program and, as such, no rent will be charged.
USE AND OPERATIONS
4. -The City agrees to remove all contents of the building
prior to occupancy by the Museum and no later than
February 1, 1990.
5: The Museum agrees to accept the building in its present
condition. The cost to remodel the building to make the structure
useful as a Museum shall be borne by the Museum and includes, but
is not limited to interior improvements, exterior painting,
landscaping, hardscape, deck and fence installation, installation
of trash enclosure, and design and. screening of temporary storage.
6. The Museum is permitted to access the building for the
purpose of preparing it for use as a museum at its own expense and
risk prior to occupancy provided that such access does not conflict
with City use of the building prior to February 1, 1990.
7 . The Museum shall be required to comply with all applicable
codes, permits and approvals required or enforced by the City
including but not limited to rezoning, general plan amendment,
administrative use permit, architectural review, building and
seismic safety. Proposed structural changes to the building shall
first be approved by the City. The City will initiate a General
Plan Amendment and rezoning of the property to accomodate this type
of use and will make such efforts as are reasonably necessary to
accomplish such amendment and rezoning.
8 . Except for "Acts of God" and mutually agreed upon,
excusable delays or similar circumstances beyond their control, the
Museum will use due diligence to adhere to the design, planning and
construction schedule described in Exhibit "B" . The City reserves
the right to grant time extensions and to cancel this Agreement for
failure to progress on this schedule.
9 . The City will provide insurance coverage for the Museum
use as it would for other Recreation Department programs and uses.
Prior to operation as a Museum, the Museum agrees to insure all
real property improvements for their market value and shall
maintain public liability insurance in an amount agreed upon by
both parties. Evidence of insurance shall be submitted to the City
for approval before access to the building is permitted.
10. If the Museum is unable to complete renovation of the
building, the Agreement may be terminated and at the City's option,
all improvements will become the property of the City or the site
shall be delivered free and clear of all improvements which were
added by the Children' s Museum and returned to the City in the same
condition. as prior to February 1, 1990.
11. The Museum will be open to the general public a minimum
of 5 days a week for at least 4 hours per day, 20 hours per week.
A nominal entry fee may be charged by the Museum to help cover
costs of operations and maintenance of the Museum.
12 . The City will provide part-time staffing for the Museum
for one year beginning July 1, 1990 and ending on June 30, 1991.
. If time extensions for use of the building are granted, the Museum
will provide staffing at its sole expense after June 30, 1991
unless other arrangements are agreed upon in writing by both
parties prior to that time.
13 . The structure and/or property shall be used only for
those, purposes stipulated in this Agreement, unless other uses are
approved in writing by the City.
14 . The City shall provide weekly maintenance of the grounds
and deliver cleaning and maintenance supplies to the . build_ing as
needed to maintain a clean and safe facility.
15. The museum will maintain the facility in first-class
condition at all times. The Museum will maintain and clean the
building interior, exterior, and landscape which is part of the
Museum experience. The City will maintain the natural vegetation
along the creekbank.
16. The Museum agrees to indemnify and hold harmless the
City, its officers, agents and employees from any claims, demands,
damages or penalties imposed which may arise from development
construction and operation of the proposed Museum facility on City
property.
17 . Both parties recognize that some issues may not be
covered in this Agreement. The Agreement may be amended
accordingly if the changes meet the intent of this agreement, both
parties agree to changes in writing, and such changes are approved
by the City Administrative Officer.
18 . This Memorandum of Agreement is executed this day of
1990, in the City of San Luis Obispo., State
of California.
' Muse City of San Luis Obispo
Childr
Director' Mayor ..
Director City A ministrative Officer
t tt rn
Community Development. Director
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EXHIBIT "B"
C' TENTATIVE SCHEDULE
SAN LUIS OBISPO CHILDREN'S MUSEUM
January 1990 City Council review of Agreement
Form Non-profit corporation
Seek donations and contributions
Submit ARC and Use Permit application
to City
Organize building improvement and
exhibit committees
Planning Commission review of General
Plan Amendment/Rezoning
February 1990 City Council consideration of General
Plan/Rezoning
ARC review
March/April 1990 Finish ARC', Use Permit and Building
Permit approvals
Obtain building permits, start
interior plumbing and electrical
improvements
Start exterior painting, landscaping
and fencing
May/June 1990 Complete exterior improvements;
Continue exhibit work
Furnish and supply building
Train staff and volunteers
July/August 1990 Possible partial opening and trial
operations
September 1990 Completion of exhibits
Prepare official opening
Grand opening celebration event
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