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 SCBAÕs 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:
AGREEMENT
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 SCBAÕs 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 ownersÕ
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 daysÕ 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.