MOU with School District
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øv.MO'RANntJH OF UNDE1UIT)l.1ID'ING
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This MÐ1IIorandUIII of understanding sets forth the
coøitment of the cupertino union School District ("District") to
\lork in good faith towards an Agreement with the city of
cupertino ("City") to use certain property owned by the District.
The termS and conditions of said Agreement may include the
following:
1. Tj¡e sites:
The sites subject to this MemorandUIII consist of
approximatelY 30-40 acres and the exact location shall be
determined bY the District.
Tne term of the Agreement shall be 25 years, subject to
further neqo~iation.
2, ~he Term:
3.. 1hê p\)rnoSê of 'the Aare~ment:
The purpose of the Agreement shall be to preserve and
enhance the use of the open space portions on.t~e sites, and they
shall be used for youth sports and related community open space
activities. Notwithstanding the foregoing, the District's
instructional program shall have first priority use of the sites.
4. çitv'S Ob1iq~:
a) city shall pay for and construct all standard
level improvements and renovations of the turf of existing fields
and related facilities necessary to fulfill the purposes of this
agreement. District ;hall approve the "standard level"
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Any improvements made abov. that
established for each site.
standard level shall also be approvod by District. The cost of
such improvements above the standard level shall be paid for by
the party proposing them.
b) Subject to paragraph 5 below, City shall pay
for and be responsible for maintaining the sites subject to this
Memorandum, at a level equal or greater than currently provided
by District.
c) city shall indemnify and hold District harmles~
fro~ injury to person or property arising from its activities on
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the sites.
d) Subject to paragraph 3, City shall be
responsible for scheduling all non-school use of fields.
5. District's Obliaations
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a) District shall annually reimburse city an
amount equal to what District is currently spending to maintain
the sites, increased by an agreed upon cost of living factor.
This obligation shall extend only to that portion of the sites
that District uses for District instructional programs.
b) As to those portions of the site used by
District for instructional programs, District shall pay city a
lump sum equal, to the amount which, in its judgment, it would
have expended on renovation of the site&.
c) District shall indemnify and hold city harmless
for injury to person or property arising from its activities.
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6. JQlnt Obli9ation.:
District and City shall in 9004 faith attempt to
develop a master plan for each of the school site., in a fashion
intonded not to impact curront activities on the sites and to
~8et the budgeting needs of each.
7. ~2randum Subject to .BA~irements of Law.
The enforceability of this Memorandua of Understanding
18 8ubject to all applicable State laws, rules and regulations,
and Distriot Board policies.
a. Neaotiations of .R!unÞllI,i 'lÇ _Tu:\1111 and C0'tditionl:
This Memorandum sets forth the partios' commitmont to
nogotiate an Agreement. Said A9reement is subject to furthor
negotiations between the parties.
CUPERrINo UNION SCHOOL DISTRICT
Date: A -2. 'f - 'I'D
BY/~
Dato:
¡(/z 7//10
By:
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