EXPENSE SHARING AGREEMENT
This Expense Sharing Agreement is made between ACBL of Santa Cruz County, Unit 550, a California Not for Profit Corporation, (Unit), and the game owners at the Santa Cruz Bridge Center, namely, Sherry Gilbreath, Mark Hasey, Bill McIntosh and Nancy Wainer, hereafter referred to collectively as Santa Cruz Bridge Association, (SCBA). Any future individuals conducting games at the Bridge Center must sign this agreement.
A. Whereas the Unit holds the real property lease for the Santa Cruz Bridge Center at 720 E Capitola Ave, Capitola, CA 95010 (Bridge Center) and wishes to enter into an expense sharing arrangement with SCBA in order to promote and support the development of duplicate bridge in Santa Cruz County; and
B. Whereas, the Unit and SCBA believe that because of SCBA’s experience and expertise, it is far more efficient and effective that SCBA operates the games independently of the Unit; and
C. Whereas the Unit and SCBA believe that the below expense sharing agreement is fair, equitable and reasonable;
Now, therefore, the parties agree as follows:
1. The Unit shall grant use of the Bridge Center to SCBA for duplicate bridge games and other bridge related activities. Individuals wishing to operate regularly scheduled duplicate bridge games at the Bridge Center must become part of SCBA. Unit games, sponsored lessons, seminars, special events as designated by the Unit Board of Directors or lessons offered by qualified instructors, not part of SCBA, may be held at the Bridge Center as time slots are available. SCBA and the Unit or their representatives shall meet on a quarterly basis to determine use dates of the facility and develop a master calendar for each quarter. Any games or lessons that either the Unit, SCBA, or others wish to add after the quarterly calendar is agreed upon, must be submitted in writing to the other parties to avoid scheduling conflicts.
2. The Unit and SCBA agree that SCBA is an independent entity over which the Unit does not exercise any control or direction as to the operation of the bridge games and lessons at the Bridge Center. However, SCBA agrees to abide by all the current and future policies and regulations of the American Contract Bridge League (ACBL) and use the facilities of the Bridge Center in a safe, professional and reasonable manner.
3. SCBA shall pay to the Unit by the 3rd of each month $1, 830.67 as SCBA’s share of the fixed costs of the Bridge Center.
4. SCBA shall pay the premiums for the liability and property insurance policy for coverage in the amount of $1,500,000. SCBA agrees to maintain the Unit and the owner of the Bridge Center as additionally insured under this insurance coverage.
5. SCBA shall pay directly to the providers all costs for telephone, gas, electric, janitorial and personal property taxes for the Bridge Center.
6. SCBA shall be responsible for any repair costs to the facility totaling up to $200 per calendar year. The Unit shall be responsible for payment of all capital improvements, maintenance and repairs at the Bridge Center above and beyond $200 per calendar year.
7. The Unit shall be responsible for payment of all rents, real property taxes, water, garbage collection and other costs that may be due under the terms and conditions of the Lease of the Bridge Center.
8. SCBA shall retain ownership of personal property such as tables, chairs, director station, computer and printer, telephone. SCBA and the Unit will provide to the other a detailed list of all equipment and furnishings located at the Bridge Center that is owned by SCBA, or its individual members, or the Unit.
9. The formula for paying monthly fixed and variable costs is as follows: Fixed cost apportionment is determined by dividing the club owners’ portion of the rent by the total number of games conducted each month. (game charge). Each owner pays his or her share by multiplying the game charge by the number of games he or she conducted. Variable costs are charged by dividing the monthly expenses by the total number of tables attending (table charge). Club owners contribute to variable expenses by multiplying his or her total number of tables attending by the table charge. An example of said formula is attached as Exhibit A and incorporated herein by reference.
The Unit will pay no game charge for the first Unit game held each month. All subsequent games will be charged at 1/2 the game fee. The Unit will contribute to the monthly variable expenses in the same manner as the club owners as described above.
Lessons or seminars conducted at the Bridge Center by SCBA, Unit sponsored instructors or other qualified instructors shall pay 10% of the fee charged per student to SCBA to offset operating expenses.
10. This agreement is effective December 1, 2008 and constitutes the entire agreement between the Unit and SCBA. However, the parties may alter or amend this agreement upon mutual written consent of the Unit and SCBA. This agreement shall remain in effect until August 1, 2012 unless terminated by either the Unit or SCBA upon 90 days’ written notice to the other party. Termination may be or without cause.
11. Future game owners of SCBA must sign and abide by this agreement.