04-109 Valley ChurchT-
AGREEMENT BETWEEN CITY OF CUPERTINO
ANll
VALLEY CHURCH
This AGREEMENT is made and entered i~lto on September 27, 2004 (EXECUTION
DATE), by the CITY OF CUPERTINO a municip~il corporation of the State of California,
hereinafter designated as CITY, and VALLEY CHURCH, 10885 North Stelling Road, Cupertino,
CA 95014.
RECITALS
WHEREAS, the CITY OF CUPERTINO and VALLEY CHURCH wish to convey a
message to Youth and Teens that they are valued ir- Cupertino; and
WHEREAS, the CITY OF CUPERTINO and VALLEY CHURCH desire to
cooperatively offer skating opportunities to youth a.nd teens in the community, while creating a
safe, wholesome and fun recreation experience; an~I
WHEREAS, the CITY OF CUPERTINO F'arks and Recreation Department has
purchased a mobile skate park for use at sites in Cupertino; and
WHEREAS, VALLEY CHURCH agrees t~~ locate the skate facility at the VALLEY
CHURCH site;
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
SECTION I
TERM OF AGREEMENT
The term of this AGREEMENT shall commence on October 1, 2004 and end in six
months. This AGREEMENT shall be renewable with the written agreement of both parties.
SECTION II
DESCRIPTION OF PROJECT
The CITY shall provide a mobile skate paris to be located at the VALLEY CHURCH site.
VALLEY CHURCH shall provide a gated lot to store the skate park pieces and a location where
the program will be available on a schedule that is mutually agreed upon by both parties for three
months. VALLEY CHURCH will arrange for the portable toilets and incur the full cost of the
portable toilet facility. The CITY will be responsible for the cost and coordination of staff and
supplies for maintenance and operation of the skate park.
SECTION III
FACILTCIES
VALLEY CHURCH shall provide a locked lot for the storage of the skate park and a
location for the skate program, which will be held ~~n days and times mutually agreed upon by the
parties. VALLEY CHURCH will provide at least ~~ne portable toilet facility at the site for use
during the program hours.
CITY will provide the mobile skate park, tivhich will consist of the pieces listed on
Exhibit A, attached hereto and incorporated herein by reference. City will also provide
maintenance of the skate park pieces and will change the course set-up 1-2 times per month.
SECTION IV
STAFF][NG
The CITY shall assign a Coordinator for the PROGRAM who will act as CITY's
representative and liaison to the VALLEY CHURCH on matters regarding the
PROGRAM.
The CITY will provide staff for maintenance of the equipment incidental to skate park
usage.
The CITY shall be solely responsible for tl-e hiring, coordination, and payment of CITY
staff for the skate park program.
For scheduling and site coordination, the VALLEY CHURCH will appoint a VALLEY
CHURCH employee who will be available to act a;> a liaison between the CITY staff and
VALLEY CHURCH.
SECTION V
INDEMNIFICATION
The CITY agrees to indemnify VALLEY CHURCH, its members, officers, designated
agents, employees and directors from any and all injury, damage and liability, including
reasonable costs of defending any claim, caused by or arising out of the performance of this
AGREEMENT. The CITY shall not be liable for injury or damages occurring as the result of use
of the skate park exclusively for VALLEY CHUR(;H functions or events. The CITY will allow
VALLEY CHURCH exclusive use of the skate facility on one day per month on a schedule that
is mutually agreed upon by both parties.
The CITY shall not be liable for damages caused by the intentional or negligent acts or
omissions of VALLEY CHURCH, its members, officers, designated agents, employees and
directors.
SECTION VI
COSTS AND ACCOUNTING
CITY shall pay all costs of the skate park I~rogram. CITY Parks and Recreation
Department shall be responsible for maintaining are accounting of all expenses incurred as a result
of the skate park program.
SECTION VII
GENERAL TERMS AND CONDITIONS
INSURANCE: The CITY shall provide VALLEY CHURCH with proof of insurance if required
by VALLEY CHURCH's insurer.
MODIFICATIONS AND ASSIGNMENTS: This AGREEMENT shall not be assigned,
transferred or modified unless by written amendment duly executed by the parties to this
AGREEMENT.
NON-DISCRIMINATION: No discrimination shall be made in the employment of persons under
this agreement because of race, color, national origin, ancestry, religion, or sex of such person.
This AGREEMENT shall become effective upon its execution by the CITY and
VALLEY CHURCH. In witness thereof, the parties have executed this AGREEMENT on the
day and year first written above.
VALLEY CHURCH:
.~ ~~~~
Date J11 ~/ ~ ~~
C:[TY:
By
Title
D;~te ~ . g • ~
APP13.0 AS TO
!C]_TY ATTORNE
EXHIBIT A
Skate Mobile Pieces
1. QUARTER PIPE: Dimensions should be 8' wide x 4' tall x 11' long with a standing
platform 4' x 8' w/ a handrai13.5' tall.
2. SPINE :Dimensions should be 8' wide x 3' tall x 10' long
3. QUARTER PIPE: same as description #1
4. DOUBLE BANK: Dimensions will be 8' wide x 3' tall x 20' long with 20-30 degree
banks on both sides, the piece should include a kinked grind box at 16" high the entire
length on one side and an adjustable height gri~~d rail the entire length of the other side.
5. TABLE TOP/ ROLL IN COMBO: Dimensiions for the tabletop are 5' tall with a 6' x 4'
flat top and a short steep bank between 35-40 degrees. The roll in will have 8' radius
transitions from front to back and partial bank :panel on backside.
The following pieces of equipment will only be utilized when city staff is present to
supervise the equipment.
6. GRIND RAIL: Dimensions 12' long with an adjustable height of 12-18" with a 2"
square top.
7. LAUNCH RAMP (2): Dimensions should be 2' wide x 1' tall x 4' long launch ramp
pressed out of aluminum
8. GRIND RAIL: Dimensions should be 8' long with an adjustable height of 12-18"
with a round top.
9. GRIND BOX: Dimensions should be 2' wide x 1' tall x 8' long with adjustable feet to
allow for height adjustment.