HomeMy WebLinkAbout060-2012RESOLUTION NO. 60-2012
AUTHORIZING AMENDMENT NO.2 TO THE
JOINT USE AND MAINTENANCE AGREEMENT FOR THE
DANVILLE VETERANS MEMORIAL BUILDING
WHEREAS, the Town entered into a Joint Use and Maintenance Agreement with the
Danville Veterans Memorial Building Board of Trustees on July 15, 2008 and
Amendment No.1 on February 21, 2012; and
WHEREAS, the existing Joint Use and Maintenance Agreement states that the trustees
shall pay personal property taxes and/or possessory interest taxes assessed against
Towr s facilities; and
WHEREAS, at the April 17, 2012 regular Board of Trustees meeting, all members
approved a change to the Joint Use and Maintenance Agreement to state that the
organizations that the trustees represent shall pay property taxes and/or possessory
interest taxes assessed against Town's facilities; now, therefore, be it
RESOLVED, that the Danville Town Council authorizes Amendment No. 2 to the Joint
Use and Maintenance Agreement for the Danville Veterans Memorial Building (Exhibit
1).
APPROVED by the Danville Town Council at a regular meeting on May 1, 2012 by the
following vote:
AYES: Andersen, Arnerich, Doyle, Stepper Storer
NOES: None
ABSTAINED• one
ABSENT:
None
APPROVED AS TO FORM:
'14,6- --- ea
CITY ATTORNEY
ATTEST:
CITY CLERK
AMENDMENT NO.2 TO THE JOINT USE AND MAINTENANCE AGREEMENT
FOR THE DANVILLE VETERANS MEMORIAL BUILDING'
RECITALS
1. In July 2008, the Town and the Veterans Memorial Building Board of Trustees
entered into a Joint Use and Maintenance Agreement for the Danville Veterans
Memorial Building.
2. The existing Joint Use and .Maintenance Agreement states that the trustees shall pay
personal property taxes and/or possessory interest taxes assessed against Town's.
facilities.
3. The Danville Town Council and Veterans Memorial Building Board of Trustees
agree that the organizations that the trustees represent shall pay personal property
taxes and /or possessory interest taxes assessed against the Towri s facilities, and not
the individual trustees.
4. All other provisions of the agreement remain in effect.
Based on the above recitals, the parties agree as follows:
1. Section 12 of the Agreement is amended to read as follows: " Trustees
shall arrange through the 'organizations that they represent to pay
property taxes and /or possessory interest taxes assessed against Town's
facilities, and Town shall pay when due all real property taxes, fees and
assessments attributable to the Premises of the Lease Agreement.
Amendment No.1 to the Agreement shall become effective on May 3, 2012.
OWNER /LESSOR
TOWN OF DANVILLE
By: Joseph A. Calabrigo
Town Manager
AMENDMENT NO.2 TO THE JOINT USE AND MAINTENANCE AGREEMENT
FOR THE DANVILLE VETERANS MEMORIAL BUILDING
LESSEE
BOARD OF TRUSTEES OF THE DANVILLE VETERANS MEMORIAL BUILDING
By: Denzil McCuskey By: John Moore
VFW San Ramon Valley Post 75 VFW San Ramon Valley Post 75
By: Ronald Lowe
American Legion Post 246
By: Robert Chipley
American Legion Post 246
By: Jerry Yahiro
Viet Nam Veterans of Diablo Valley
By: Lee Halverson
Marine Corps League
Detachment 942
Approved as to Form:
By: Robert B. Ewing
City Attorney
By: Delmar Loewe
Viet Nam Veterans of
Diablo Valley
By: Allan Cruz
Marine Corps League
Detachment 942
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