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91-011 Maintenance & Improv. Of Certain Open Space Areas W/In Certain School Sites-C.S.D. 91-011 MAINTENANCE & IMPROV. OF CERTAIN OPEN SPACE AREAS W/IN CERTAIN SCHOOL SITES-C. S.D. a FMWTICN N. O. 8377 A RESOU)TICN OF THE CITY COUNCIL OF THE CITY OF CUPEF LINO ALTINORIZINO EXECUrICN OF AC `FT BEIWEEN THE CITY OF cu pERPINO, CUP .Rl m UNION SCHOOL ©ISIRICT, AND CUmmm SCHOOLS PUBLIC FACIL•TTIFS FINANCI14G CORPORATION PERTAINING TO MAINTENANCE AND IMPROVEMENT OF CERTAIN OPEN SPACE AREAS W.I7KY CERTAIN SCHOOL SITES WHEREAS, it is the policy of the City of Cupertino to work with the school ci.istr?cts to provide jointly for use of facilities within their respective jurisdictions; and WHEREAS, the City and Cupertino Union School District desire to provide for the improvement and maintenanoe- cf eight open space areas cy certain existing school sites of District; and WHEREAS, an agreement to provide maintenance and imprrnrement of those open space areas has been reviewed by the City Council; NOW, THERLFORE, :3E IT RFSCLVED that the Mayor and City Clerk are hereby authorized to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City Of Cupertino this I5th day Of April _ 1991, by the following vote: Vote Members of the City Council AYES: Goldman, Rogers, Szabo, Koppel NOES: None ABSENT: Sorensen i�F A ai-.r; N, ABSTAIN: None ,, r _L _ f.' AWED: /s/ Barb Koppel Mayor, City of Cupertino ATTEST: Isl Dorothy Cornelius City Clerk AGRZ2MUT BETWEEN CITY OF CUPZRTIND, CBPERTINO UNION FCRODL DISTRICT, AND CWMRTIND SCHOOLS PUBLIC FACILSSIRS FINANCING CORPORATION PEZtTAINMG TO KhXNTXNMCE A= XMVMVZXZM OF CERTAIN OPEN SPACE AREAB WXTHZN CERTAIN SCHOOL SITES THIS AGREEMENT, made and entered ;into by and between CITY OF CUPERTINO, a municipal corporation of the State of California, herein called *CITY," and the CUPERTINO UNION SCHOOL DISTRICT OF SAPTA CLARA COUNTY and CUPERTINO SCHOOLS PUBLIC FACILITIES FINANCING CORPORATION, herein called "DISTRICT";/� w I T N A S S A Jl Hs WHEREAS, section 10900 et sect. of the Education Code authorizes cities and school districts to organize, prcAote and conduct programs of community recreation for the promotion and attainment of general educational and recreational objectives, and to construct, maintain and operate recreation centers, including playgrounds and outdoor playing fields; and WHEREAS, section 10910 of the Education Code provides that the governing body of any school district may use or grant the use of grounds of the school district to any other public authority for the purposes of such Act, whenever such use does not interfere with schools uses; and WHEREAS, it is the policy of CITY and DISTRICT to Jointly provide for the development, installation, construction and maintenance of recreational facilities withim their respective jurisdictions in order- to maximize recreational opportunities for both the students of DISTRICT and the residents 1 of CITY, and in order to reduce capital and operational costs to both CITY and DISTRICT; and 6 , CITY and DISTRICT desire to provide for the improvement and maintenance of eight open sparse areas of certain existing school sites of DISTRICT on a long-term basis; and WHEREAS, it is the intent of CITY and DISTRICT that the land which is the subject of this Agreement continue to be used for open space. and recreational purposes, be improved to enhance such use, without interfering with the instructional programs at the sites, as provided herein; NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth, and pursuant to the provisions of the Education Code hereinafter referred to, it is agreed as follows: I. DEFINITIONS. (a) School Open SRace Sites. There are attached to this Agreement and incorporated by reference herein certain exhibits, to which reference is made in this Paragraph. These exhibits consist of site diagrams (Exhibit 1) and a site profile (Exhibit 2) of real property encompassing an open space area within real property consisting of a school site of DISTRICT. For purposes of this Agreement, whenever reference is made to school open space sites, such reference shall be construed to pertain to the areas described in this Paragraph: 2 Nape of School 9220 620ce Site Eaton School open space site Faria School open space site Garden Gate school open space site Lincoln School open space site Regnart School open space site Stevens Creek School open space site Hyde School open space site Kennedy School open space site 2. ASSUMPTION EY CITY OF MAINTENANCE OBLIGATION FOR SCHOOL SITES. (a) Not later than July 1, 1991, CITY shall commence maintenance of the open space areas agreed to under the terms of this Agreement and shall be responsible during the term of this Agreement for the ;Aaintenance of the school si.tes described at. paragraph 1(a) above. (b) The maintenance on the school open space sites described in Paragraph 1 of this Agreement applies only to those open space areas on such sites which are. primarily designed, intended and used for recreational activity, including, but not limited to athletic fields, baseball diamonds, soccer fields, picnic areas, bleachers, and additional restrooms constructed on site by CITY. The maintenance obligations undertaken by CITY only include the areas within the boundaries of the site diagrams at Exhibit 1. 3 (c) Such maintenance shall he at the sole cost and expense of CITY. Maintenance undertaken after approval of the Master Plan for each school open space site shall be in a quality manner and at least in accordance with the usual customary maintenance standards employed by CITY for parks cinder its jurisdiction and control but in no case less than the standard used by DISTRICT for maintenance of its fields on other DISTRICT school sites. (d) Upon its assumption of maintenance responsibility for a school open space site pursuant to this Agreement, CITY shall modify the signs identifying the site to designate the responsibility of CITY and DISTRICT as to ownership, use, maintenance and improvements of the site. (e) Maintenance shall include payment by CITY of all utilities costs, including garbage pick up, on the school open space sites. This shall be accomplished in part by installation of separate meters by CITY. 3. CONSIDERATION BETWEEN THE PARTIES. (a) The consideration from CITY to DISTRICT under this Agreement consists of said undertaking by CITY of obligations to install and maintain improvements on various school open space sites of DISTRICT. (b) The consideration from DISTRICT to CITY under this Agreement consists of the authorizatiop.► by DISTRICT of CITY to utilize the various school open space sites for, recreational purposes, and the obligation undertaken by DISTRICT to reimburse 4 CITY for certain expenditures defined herein. DISTRICT shall pay $3.2 million to CITY which constitutes its entire contribution for installation of improve,.-.ents at the open space sizes. Said amount shall be payable in equal amounts of $640,000 beginning Kay 1, 1991 and ending Nay 1, 1995. By Resolution 8231 CITY has appropriated $1.1 million of CITY funds which shall be its minimum contribution to the improvements. 4. DISTRICT PROHIBITED FRQX SELLING DESIGNATED SCHOOL OPEN SPACE SITES. DISTRICT shall not sell, convey, or otherwise dispose of the open space sites which are the subject of this Agreement at the remaining schools for 25 years. However, should District determine that it is necessary to reconfigure or otherwise change the utilization of Eaton School, it may do so upon reimbursement to CITY of amounts paid by CITY for said improvements to that portion of the open space area reclaimed by DISTRICT. 5. PREPARATION AND APPROVAL OF MASTER PLAN FOR SCHOOL ,,SITE IMPROVEMENTS. (a) CITY shall prepare, at its cost and expense, a Master Plan for the design of the open space site improvements conterplated under this Agreement for each of the open space sites. CITY shall select one or more qualified consultants to prepare each Master Plan and shall be responsible for all expenses for such services. The Master Plan shall be developed jointly with input from the community, sports field users, and DISTRICT and CITY staffs. 5 (b) The Buster Plan for each school open space site shall be the governing document enrich determines the precise improvements to be installed at each open space site and the location :hereof. Additional parking lot improvements deemed necessary by the CITY outside of open space areas shall be performed at sites as approved by CITY and DISTRICT at the expense of the CITY. Said Master: Plan shall, inter alia, expressly provide for a sidewalk extension on the southerly boundary and recoating of all high pressure Sines at the northerly boundary of Stevens Creek School. All open space sites shall be designed according to DISTRICT standards. The current site profile (Ex. 2) complies with DISTRICT standards. (c) Each Master Plan for a school open space site shall provide for areas to be reserved for potential additional educationally related open space sites, such as portable buildings to serve as classrooms. The designation of such areas shall be made upon consultation between the parties so as to assu.e that the improvement of any area for any such facility can be accomplished so that demolition, destruction, or removal of improvements constructed by CITY to accommodate such additional open space sites can be limited to the least costly improvements. Prior to the approval of a Master Plan for a school open space site, DISTRICT may provide for the construction or installation of such educationally related open space sites on such areas without approval by CITY. Any such area, whether reserved for possible future use or actually improved with such open space 6 sites, shall be designated as such in the Master Plan. DISTRICT shall be responsible for all costs related to the construction, improvement or development of any educationally related facility in any area reserved therefor, and for all costs related to the removal, destruction, or demolition of any improvements installed or constructed by CITY pursuant to this Agreement. DISTRICT shall be responsible for landscaping the open space sites consistent with the Master Plan at the cost of DISTRICT. Upon the commencement of such construction, improvement or development, DISTRICT shall be solely responsible for the maintenance of such reserved area. If such reserved area is constructed after or installed and thereafter removed, DISTRICT shall be responsible for restoring the reserved area to its original condition, including improvements. (d) CITY shall consult and coordinate its preparation of each such Master Plan with DISTRICT. CITY and DISTRICT shall appoint representatives for purposes of such consultation and coordination. (e) Upon completion of the preparation of each Master Plan, it shall be presented to the respective governing bodies of CITY and DISTRICT for approval. No such Master Plan shall be effective unless and until it shall have been approved by the governing boards of CITY and �*ISTRICT. (f) If either party during the term of this Agreement seeks the installation of substantial improvements not included in any approved Master Plan to one or more school space 7 sites designated in this Agreement, CITY shall prepare an appropriate amendment to the pertinent piaster Plan. The cost and expense of preparation of such amendment shall be borne by the party proposing it, or shall be borne jointly if CITY and DISTRICT jointly proposed it. No such amendment shall be effective unless and until it shall have been approved by the governing boards of CITY and DISTRICT. The cost of installation and maintenance of any such improvement shall be borne by the party which proposed it, or shall be borne jointly if CITY and DISTRICT jointly proposed it. 6. CONSTRUCTION AND INSTALLAI'loN OF IMPROVEMENTS AT Ss gHOOL SITES. (a) Except as provided in Paragraph 6(d) CITY is empowered to undertake and shall be responsible for all activities relating to the construction and installation of the improvements to the various school open space sites in accordance with each adopted piaster Plan, including preparation of plans and specifications, selection and payment of services of consultants, advertising and calling for bids for construction and installation of the improvements, awarding construction contracts, supervision of construction and installation of the improvements, and payment of costs of such construction and installation. No contract for construction shall be awarded unless and until DISTRICT shall have approved the plans and specifications therefor. No contract for construction of any building, as defined in Chapter 2 of Part 23 of Title 2 of the Jill Education Code, shall be awarded without the prior approval of the State Department of General Service, where required. (b) DISTRICT and CITY shall develop a schedule for site design and improvements no later than August :11, 1991. All -work shall be completed by December 31, 1995. (c) The required date of completion of construction and installation of any improvement require; puns+cant to this Agreement shall be extended where and to the extent that delay is attributable to weather or circumstances beyond control of CITY of any con+ -,actor constructing or installing improvements under the authority of CITY. (d) DISTRICT recognizes that the construction of improvements pursuant to this Agreement may occur during times of the year when its schools are in session. CITY will endeavor to schedule construction activities so as to cooperate with DISTRICT and will assure that adequate safety precautions are in place. CITY shall consult with DISTRICT as to the scheduling and timing of construction of the improvements so as to minimize any adverse impact such construction may have on the instructional program of DISTRICT. 7. FACILITY USAGE ACID OPERATIONAL MAINTENANCE POLICY PER2TAINING TQ COOPERATIVE RECREATIONAL AREAS AT SCHOOL SITES. (a) The certain document entitled "FACILITY USAGE ARID OPERATIONAL MAINTENANCE POLICY PERTAINING TO COOPERATIVE RECREATIONAL AREAS AT SCHOOL SITES," which has been approved by the governing bodies of CITY and DISTRICT, is incorporated in 9 this Agreement by reference herein as Exhibit "3," as though set forth in full. (b) CITY and DISTRICT shall designate representatives to be responsible for the administration of said facility usage policy. (c) CITY shall be responsible for handling reservations for use of the open space sites by members of the public for each school open space site. CITY shall give DISTRICT first priority to use such open space sites for its scheduled activities, programs, and needs. All events scheduled on the open space sites shall be during non-school hours. (d) CITY shall be solely responsible for determining the amounts of any fees to be charged to the public, excluding DISTRICT functions and organizations, or members thereof, for use of school open space sites, or portions thereof, which are the subject of this Agreement during such times that such open space sites are under the control of CITY. Nothing herein shall authorize CITY to allow events for which admission prices are charged where inconsistent with applicable state law or DISTRICT civic center use policy. (e) CITY and DISTRICT may modify the adopted usage policy from time to time upon mutual written agreement of the City Manager of CITY and the Superintendent of DISTRICT or their designees. 20 8. MY OF PARTIES TO DEFEAID, IMMMIFY, AND HOLD ELF X'SC (a) CITY shall defend, indemnify and hold harmless DISTRICT, its officers, agents, and employees from any and all claims or causes of action for death or injury to persons, or damage to or loss of property arising out of negligent or inadequate wcpervision of any community recreation activities conducted by CITY at any school open space site for which CITY has undertakers the responsibility for maintenance or improvement under this Agreement or due to the failure of CITY to construct or cause the construction of any improvement for which CITY is responsible under this Agreement, except where such claim or cause of action arises from the sole negligence of DISTRICT, its officers, agents, or employees. (b) DISTRICT shall defend, indemnify and hold harmless CITY, its officers, agents, and employees from any and all claims or causes of action for death or injury to persons, or damage to or loss of property arising out of the negligent or inadequate supervision of any educational or recreation activities conducted by DISTRICT at any school open space site for which CITY has undertaken the responsibilit} for maintenance or improvement under this Agreement, except where such claim or cause of action arises from the sole negligence of CITY, its officers, agents, or employees. (c) CITY shall defend, indemnify and hold harmless DISTRICT, its; officers, agents an employees from any 11 claims or causes of actions for death or injury to persons, or damage to or loss of property accruing on or after July 1, 1991, attributable to the physical condition of. any school open space site for which CITY has taken z-esponsibility for maintenance and improvement under this Agreement arising from the maintenance of such site by CITY, except for those claims or causes of actions to which DISTRICT is responsible pursuant to subparagraph (b) . 9. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. io. fORCE VAJEURE. If, due to act of God, fire, flood, storm, inclement weather, earthquake, drought, acute restrictions or limitations on acquisition and/or consumption of water, epidemic, riot, war or insurrection, plant or animal infestation or disease, sudden and severe energy shortage, strike, work stoppage, work slowdown, or other concerted job action, or other condition of emergency or disaster beyond the control of CITY which makes performance of its construction and/or maintenance obligations under this Agreement impossible or extremely impracticable, such obligations shall be suspended during such time as any such condition or conditions exist. li. QISCRIMINATION R� OHI Neither CITY nor DISTRICT shall discriminate in the employment of persons engaged in the performance of this Agreement on account of race, color, national origin, ancestry, ;religion, sex, physical handicap, or medical condition, in violation of state or federal law, or on any basis otherwise prohibited by state or federal law. 12 12. NOTICES. All notice,., hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: City of Cupertino 'office of the City Manager 10300 Torre Avenue Cupertino, CA 95014 To DISTRICT: Cupertino Union School District Office of the Superintendent 10301 Vista Drive Cupertino, CA 950i4 13. EFFECT OF WAIVER OF_MACH OR VIOLATION. The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provision or law shall not be deemed to be a waiver of any other term, covenant, condition or law, or of any subsequent breach or violation of the same or any other term, covenant, or condition of law. The subsequent acceptance by either party of any money which may become due hereunder stall not be deemed a waiver of any preceding breach of violation by the other party of any term or condition of this Agreement, or of any applicable law. 14. LEGAL ACTIONS: ATTORNEY FEES. (a) Any disputes regarding this Agreement shall be resolved according to the laws of the State of California. Any legal proceedings shall be initiato:d in the; courts of the State of California and the Ccunty of Santa Clara, irrespec:.ave of any other possible jurisdictional conditions. 13 (b) The prevailing party in any action to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and attorneys, fees expended in connection with such an action from the other party. 15. TERM OF AGREE=T T. (a) This Agreement shall become effective upon the execution thereof by all the parties. (b) The obligations set forth in Paragraph 3 (b) of thie Agreement shall continue to be in force noti ;thstanding the termination of other provisions of this Agreement pursuant to subparagraph (c) , unless and until such obligations are modified or repealed pursuant to Paragraph 16. (c) This Agreement shall terminate on June 30, 2016. 16. INTEGRATED AGREEMENT. This document represents the entire and integrated agreement between CITY and DISTRICT and supersedes all prior negotiations, representations or agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and DISTRICT. All provisions of this Agreement are expressly made conditions. IN WITNESS WHEREOF, CITY and DISTRICT have executed this Agreement on the ` F__ day of ATTEST: CITY OF CUPERTINO City Cl-irk c By 1 A;1 '1!�--- puty City Cl rk Mayor 14 APPROVER A.S TO FORN: CUPERTINO UNION SCHOOL ,l Cit Attorney APPROVED AS TO FORM: CUPERTINO SCHOOLS PfJ LIC FACILITIES FINANCI RPORATI N Att rney for District wP\clients\2610\improvem.2 15 EXHIBIT I EATON 90E20 GUISNN OR CUPERTINO. CA. 04014 aim DIRT-TREES GRASS W d TAGBARK r• a TANBARK i ti 9[ t y ,mot �. , ,��., ;. TANBAR t..�+`' fp --r m Lill r � Li IIF 7 tt 1) ILI ®MASS GRASS P 1 ^iWv, 0ulauN DR + — c3 "� f NOT T® ®CALE . Page 1 of 8 g 40 Z a6el 31VOS OS LON NO 3NV1 VUV811V9 .00.99` .09-Lea q - DNe)Ittvd - Fi in ey nP- i!i 11V1+d8V i J v � � N O ' tI a f Y E I o i i I - i i S9VU® I i f -- i- ,91P'019 OU ®P811131 1p g 09® 'V9 4OPt11u3dno N1 vuvob0/3 996O9 VIUVA GARDEN GATE 10600 ANN ARDOR AVE CUPERTINO. CA. 96014 057.67, a DIRT I`---- — OF TA13LE o. 1 I GRASS I i C! fA I I � ASPIIALT ASPHALT _ P PARKING O �sP PARKING 4C4F �• -co&,9 � 667.63' GREENLEAF DR A 40 09 z .S SCALE 1' - 1 10, Page 3 of 8 IIYDE JR. 111811 10325 SOLLINGER no. CUPERTINO, CA. 96014 GRASS i ®a i $ PAYING i PAVING L-A' �L _ ----a 4:961 01 PAnKING ROLLING En no %3®.T4� N °,r NOT TO SCALE Pae4of NeNNODY in moll 421 ®UGG RO CUPERTINO, CA. 06014 ®f8.i2° �f onASS j 0 0 4 �0 z !� r 1 ASPIIALT 0 ASPIiALT ( 1\ 4 /1'j 4E a � it lb WAS �°�a�Q onAss 613.1 Z' sues nD to NOT TO SCALE Page 5 J 8 • LINCOLN • 01 T IO MC CLELLAN RO CUPENTINO.CA. 05014 ®®0.00' i ► r OnABs ®t ci loq 100 0 0 C;- _---� � P8p4��L'Q yam! �.--"-l' • ___�:_' � ' r PAnKING GnAB8 = � MC CLELLAN ni J d t� W tl H NOT TO SCALE Page 6 of 8 RE®NART 1170 9/0RKQIi1RE On CUPERTINO, CA 96014 050.08, r t i ®MASS 7 Z Q� 7 t � DinT A&SAtfLJ DIRT oo v� i y. CD N A8P11ALT —� -- -n ,T-JAlk- tp D !:-=� --=zj� r C] Ell PARKING YORK8111RE DR NJ. NOT TO SCALE Page 7 of 8 STEVENS CREEK 10800 AI"GwonTli Dn CUPERTINO. CA. 95014 DinT AnEA fP o ® .eel ®��99 O vc 17 r � O i pIT ION �••� � NEyy A® 00 aD r— h I 1 I i ORAS9 AREA l I ,I i i A_CLIA�p,L E 660� _ 1 NOT TO SCALE Page 8 of 8 EXHIBIT II SM PROFS Facility Eaton Acreage (7Urf) Qarnt = 1.71 Potential = 3.86 Fields, D sting 2 - soccer me (undersized) Youth 4crts Permits, 2kistin3 -_ AYSO - Ramon 64. nri-Cities Little I&LgIm CYSA Fields, Proposed 2 - sootier Mme 1 hex inctioe (or mndersized game) 2 - softball Mctice Inprvvemits. imposed A) renovate Odstira t=f• b) xeMade as DAgWm, c) turf and irrigate an add.itiona 2.15 acres: add yr) ing lost• e) =navide 6' icxming path arotnd perimeter Amenities, Proposers: --backstops/permanent enclosed orrdeck area badwtops/partable flagpole xbathroom facilities* A) X f 4) goaf posts batting cage hcmerun fence ` X(2) bike racks* _ x #=w ( - Y)* B) bleachers shed dugouts am ::ion stand* skinned basepaths X drinking foautain* X storage* (6'xB')* electrical outlet X trash cans* C) meter/quick coupler • I�lulti-�aet Use Comments: Traffic. noise and p*k j na critical cal is. M for Miahbors A) Nodular: B) must be secured' C) no dmwtets r sir a iistim trees al= southern boL�__.ry Aoki per;m inixullimt corner. Cost Estimate Rev. 03/28/1991 Page I of 8 .L Facility .ft... baseballia 111- Fields, Proposed I soccer ggm_ •. - —11 •. -•i • • •I •` ImWravem-.xts, Proposed a) turf and irrimte .58 ar-!:v south of existing • ram_ b - •- - exii3tting = Lro •'" •=._,1-•-. •._ th • • Mimetex Amenities, ftmposed: i ; .i •+ ram_ .•-- ll- - __enclosed on-deck area X •- •p T•1- . • - L%3pole bathrwm _goal posts batting •'1g ••11-.. .f fence 1. - -phone- ell:J - concession stand* X(21 --skinned basepaths 1 drinkingfountain* - •1 - I. • i X(2) electrical outlet X trash cans* D) •• coupler Miti-4ort cost Estimate Rev. 03/28/1991 Page • Facility Orden Gate Acremp (7%wf) Ctrrx tot S 2.25. BA=W 2.25 Fields, Dusting 1 - asm Mm tiae 3 - baseball M=igl Youth Sports Permits, Rdsting . AM - Raian 35 Sax-= Little I0ga Foothill Bobbv Sox Fi::lds, Proposed 1 - socops CWM 3 - h'�selk�1 1/�Ftha l 1 =aCt'i oe Proposed C.U.S.D. renamted turf Mvide 6' jogging path art nd paimeter Amenities, Proposed: bac:cstops/peraarent enclosed an-deck area X(l) backstops/portable fliwapole X batter M facilities* A) gaol posts batting cage Via► fence X biDae racks* X (emergency)* S) blew . shaded dxuuts --ccx=assim stand* X dunking fountain* X starage* (6'xS') electrical outlet X trash cans* C) a M1t3 .vj=t use �erater/c�idc ooupler its: MUMMI 2mlimsuff icienk• A) mor3ulax ar ale s B) Est be s MUNd• C) nc dntsanM cost Estimate RL-4. 03/28/1991 Page 3of8 .: R I, •:r #,..l i.ri�: - _ Y.-.1. - 11_+•l_ _ '._•l,f__..• - It.. �.. _r. L.��q� � f. -: .:�.111��,3..�J t_ � ii -••/ =ti. -.'. ••!. � ./. =y.�'' is-il.. f. ��_C.-��- -. so ?_. n: f -_- -1 OW, •,F A- .-- �r -.'•- •ice. �.� w ..' }- '--�'.__L ` •: ;��:- -:� •t � •. a •��:. � • - r'�• 7 !, •i '• -• vt •: 1It •1 ar -- A L •: ••.It .4: • •.. ••_. 1. -_% _ 1 I. L-�[1_ '.111 •i �- •.. �a�1 '�� it -�:• � �.• �•_•. •r •• :.•.•.�� � •t •.._.__•' -.sir 1 •.,.. -�.. •.1 - • •�. - • �n-ter • �rl`. '�• -•••-�_• �= t��•i!- _ �. _ C. a 1 ., • ,._; •.c- •;�.. '• .. l} t �• •.J if_ _ _�_ •I-_ ••1 _ • _ - • •:1 1. ••:il - •-���. A'•._. L - .'ar. �. - �.11:- - o •�_ • • 1 _• .,..�_ .1 (' • _ av _ �; - v- ►• L• •'.•1 . r •� �. 5; GIs _ � .� • _. �_.. . 1 .,:1 - •� � I.�•�►� '_III''. •-1 ♦.is a n=+ .aci�1��._L�l;l `1. n••.�,-t _ .• - -••r_ _'• L. __t.�.. ✓_ ._�.! _ EXHIBIT III EAQILrU WAGE AND OPERATI ALMAloa MN&CE POLICY PERTAINING TO COOPERATIVE RECREATION AREAS Al MES The following is a Facility Usage and Operational/Maintenance Policy agreed upon by the City of Cupertino and the Cupertino Union School District pertaining to cooperative recreational or open space areas at school sites. The items contained in the policy are intended to define basic guidelines in order to maximize recreational opportunities for both students of the District and residents of the City. This policy has been approved by the governing bodies of the City and the District and each organization has designated a representative to be responsible for administration of rtaid Facility Usage and Operational/Maintenance Policy. Further, it is understood that this policy may be modified from time to time by agreement of the Director of Parks and Recreation of the City and the Superintendent of the District or their assigned designees. FACILITY USAGE A The School District will have priority use of open space sites between the hours of 8:00 a.m. and 4:00 p.m. on days during which school programs are in session except as in Item B. The City will have priority use of open space sites after 4:00 p.m. on days when school is in session and all other times, including weekends, holidays and summer vacation. Exception to this schedulQ can be agreed upon by the Director of Parks and Recreation and the Superintendent of Schools or designee. The City Nitl cooperate with the District so as to give the District adequate opportunity to use each school site for its activities, programs and needs. B. The School District will have priority use of open space sites during days/times other than listed in Item LA for District activities such as summer school, school special events, after school athletics, student care, etc. Specific schedules shall be agreed upon by the Director of Parks and Recreation and the Superintendent of Schools or designee. Non-school related groups will be notified of school priority and may be required to relocate due to school special events. O During school hours the open space sites may not be used for public related recreational activities except in areas of the facifty that are specifically set forth in Appendix A. The Oirector of Parks and Recreation and Superintendent of Schools or designee shall by mutual agreement determine those portions, if any, of the open t space sites that can be used by public curing hours when school classes are in session. D. The City will be responsible for administering facility reservations for public use for each school site. The City will be solely responsible for determining a priority : use system as well as fees to be charged to the rpUblic and/or organized groups for use of school sites during such times that the sites ai s under control of the City. Such fees will be required to conform to all applicable rules, regulations, ordinances and/or laws governing school grounds and District civic center use policy in addition to those applicable to City property. Copies of the City's reserva.."n and priority use policy will be provided to the District annually or upon modification. E Where school buildings are under lease by the District to private users, the Director of Parks and Recreation shall allow such users reasonable use of recreation open space to mept the special recreational needs of the user. Such requests may be granted when reasonable advance notice is given and the use does not interfere with public related recreational activities. F. Members of the public and/or groups that use the District facility via a permit that is issued by the City, will be required to adhere to all applicable rules, regulations, ordinances and/or laws, governing school grounds in addition to those applicable to City property. G The City, with consent of District, will determine the placement of portable backstops as required in order to maintain acceptable field condition standards. H. The City will minimize the impact on District use of open space sites during school hours, but priority shall be given to City maintenance personnel and equipment between the hours of 6:00 a.m. to noon, as to area to be maintained by City. For the purpose of providing required turf and grounds maintenance, and with two weeks advance notice, the City may curtail all District use of those areas maintained by the City four times during the school year. The City will do so only If necessary, and for a maximum of one day each time. General maintenance schedules including fertilization and spraying for the control of pests or growth will be coordinated by 2 .Nil the City's Superintendent of Public Works or his designee and the District Site Administrator and shall provide for the protection of students and recreational users alike. -J. For the purpose of abating hazardous conditions, the City may curtail District use of those areas maintained by the City at any time and without prior notification. In such cases the City will minimize the District's lack of access to the facility. J. At least once annually, the Superintendent of Public Works, the Superintendent of Schools and/or their appropriate designated personnel will meet to discuss the use and maintenance of those areas maintained by the City. K. Except issues concerning safety, any and all concerns or issues of the District governing the general maintenance or use of those areas maintained by the City shall be communicated to the City by the Superintendent of Schools or its Director of Business Support Services and shall be directed to the Superintendent of Public Works or appropriate designee. AMENDMENTS REVISIONS OR MODIFICATIONS A CITY and DISTRICT may modify the adopted usage policy from time to time upon mutual written agreement of the City Manager of CITY and the Superintendent of DISTRICT or their designees. 3 ` 4 s o - APPENDIX A t. 7o be completed as mutually determined by both parties. 4 r pertino Union School District 10301 Vista Drive•Cupertino. CA 95014 •(408)252-3000 M?y 2, 1991 Dorothy Cornelius City Clerk, City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Dear Ms, Cornelius: We are enclosing two (2) copies of the Agreement by and between the City of Cupertino, the Cupertino Union School District, and the Cupertino Schools Public Facilities Financing Corporation which have been fully executed. We look forward to our relationship with the City of Cupertino relating to the maintenance and improvements of certain open space areas within certain school sites. Thank you. Sincerely, J Gerald F. Matranga Associate Superintendent, Business GFM:ca Enclosures Superintendent Patricia A Lamson • Board of Education Joan C Elarrarn Steven C Chell Sandra L Jarnes Tommy G :'n ve Elaine K,While EQUAL OPPORTUNITY EMPLOYER Citm of Cupertj"o 10300 Tom Avenue P.O.Box 580 Cu)wrtmo,CA 95014-3255 Cupertino,CA 95015-05130 Telephone'(408)252-4505 FAX:(408)252-0753 DEPARTMENT Of THE CIT"CLERK April 26, 1991 Gerald Matranga, Associate Superintendent, Business Cupertino Union School District 10301 Vista Drive Cupertino, CA 95014 Dear Mr. Matranga: We are enclosing to you three (3) copies of the Agreement by and between the City of Cupertino and the Cupertino Union School District of Santa Clara County and Cupertino School Public Facilities Financing Corporation, which have been fully executed by City officials, along with three (3) certified copies of Resolution No. 8377, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, April 15, 1991. After carpletion by the School District and Cupertino School Public Facilities Financing Corporation, would you please return two (2) copies back to this office. Thank you for your cooperation. Sincerely, DORlC�'ELILiS -aP CITY CIERK CITY OF CUPERTINO DC/so encl. oc: Department of Public Works RFSOIUTION NO. 8377 A RESOII CN OF THE CITY OCUNCIL OF TE CITY OF CUPS M AUTHORIZING mCUITON OF AGREEMENT BE'IVEIN THE CITY OF CUPERTINO, CUPE RTINO UNION SCHOOL DISfiRICr, AND a FE3a M SCHOOLS PUBLIC FACILITIES FINANCING CORPORATION PEREAINIM TO MAINTENANCE AND IMPROVE MERr OF CERTAIN OPEN SPACE AREAS WITHIN CERTAIN SCHOOL SITE'S WHEREAS, it is the policy of the City of Cupertino to work with the school districts to provide jointly for use of facilities within their respective jurisdictions; and WHEREAS, the City and Cupertino Union School District desire to provide for the improvement and maintenance of eight open space areas of certain existing school sites of District; ant WHEREAS, an agreement to provide maintenance and improvement of those open space areas has been reviewed by the City Council; NOW, TfER32ORE, BE IT RESOLVED that the Mayor ar:.1 City Clerk are hereby authorized to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15rh day of April 1991, by the following vote: Vote Members of the City Council AYES: Goldman, Rogers, Szabo, Koppel NOES: None ,4 ABSENT: Sorensen ABSTAIN: None a APPROVED: /s/ !, .rb Koppel Mayor, City of Cupertino A-lr=: /s/ Dorothy Cornelius City Clerk CITY OF CUPERTINO INTERDEPARTMENTAL Date APRIL 17. 1991 To CITY CLERK From PUBLIC WORKS--SUMI C� Information MESSAGE: LEASE AGREEMENT WITH THE CUPERTINO UNION SCHOOL DISTRICT C1 Implement (City Council 4/15/91) C1 Investigate C1 Discuss Transmitted are three sets of the referenced document for � See me � processing. Contact person at Reply the school district is: Gerald Matranga, Associate Superintendent Businetis Cupertino Union School District 10301 Vista Drive Cupertino, CA 95014 252-3000 Ext. 380 _ sm attach. Reply: SIGNED: DATE Send parts 1 and 2; retain part 3 for follow-up; part 2 to he returned with reply