Sent to TSI attorney Donald Simon from University Counsel Patricia B. Bartscher on Sept. 29, 2015, via email:
Dear Donald,
I am responding to the draft agreement Brooke Halsey sent to Mark Goodrich on Friday. The University does not agree to the terms and conditions outlined in this draft. And, the University will not continue to negotiate with TSI about its presence or activities at the Romberg Tiburon Center.
The University is only granting permission to TSI to remove its equipment and property located on and near the sea wall or vehicles parked at the Romberg Tiburon Center. To allow TSI sufficient time to complete the removal, this permission is granted until September 1, 2016. No permission is given for any TSI events or activities during this time. The University expects TSI to continue to maintain adequate insurance coverage and list the University as an additional insured on its liability policy. The University also expects TSI to indemnify and hold harmless the University and its employees from any claim or litigation arising as a result of TSI property, equipment or vehicles located on University property or during the removal process.
The University does not grant TSI permission to use the boat launch ramp at the Romberg Tiburon Center.
NOAA maintains an exclusive license to use Building 86 and the University is working with NOAA to remedy the significant safety issues identified during the recent Building 86 inspection. A copy of the safety report given to NOAA last week is attached. We understand that NOAA has been communicating with TSI about these issues, and we trust that this will be resolved soon.
Finally, TSI is always welcome to contact Mark Goodrich, Associate Vice President, University Property Management, to request the use of University property for events or activities in the same way as all organizations or individuals. These proposals are handled on an event by event basis. TSI has been clear that the Tiburon community fully supports the activities of TSI. This being the case, we are confident that TSI will be able to find an appropriate location for their continued success.
Sincerely,
Patty
Patricia B. Bartscher
University Counsel
San Francisco State University