02-074 De Anza Aquatics - temp use of BBF pool-1 ~_
~' City Hall
1 J 10300 Tone Avenue
Cupertino, CA 95014-3255
CITY OF Telephone: (408) 777-3110
C O P E ITT I N O FAX: (408) 777-3366
Website: www.cupertino.org
PARKS AND RECREATION ADMINISTRATION
August 8, 2002
Mr. Pete Raykovich
De Anza Cupertino Aquatics
PO Box 436
Cupertino CA 95015-0436
Re: Temporary Use of Pool Facilities at Blackberry Farm
Dear Mr. Raykovich,
De Anza Cupertino Aquatics (hereafter refenre;d to as "DACA") has requested the
temporary use of the City's pool facilities at Blackberry Farm for swim instruction
purposes for a period of six months commenc~.ng in September 2002. The City will agree
to allow such temporary use under the following terms and conditions:
1. The facilities to be used by DACA are the exclusive use of the two pools at
Blackberry Farm as well as the attached changing rooms and rest rooms. DACA
shall also have the non-exclusive use of Blackberry Farm parking lot during its
use of the other pool facilities.
2. The use will commence on September 3, 2002 and will, unless extended by
written agreement, terminate on the la:;t day of February 200. The use shall be
from Monday through Thursday from •x:00 p.m. to 8:00 p.m.
3. DACA's use of the facilities is limited to providing swimming instruction for a
maximum of 200 students per night.
4. DACA will be responsible for reimbursing the City for all actual costs incurred by
the City in allowing said temporary use including, but not limited to, utility costs,
city staff time, security costs, pool and facilities maintenance, cleaning and repair
costs, and pool chemical costs. Said costs shall be reimbursed within 30 days of
billing by City. As used herein, utility costs include, but are not limited to, water,
electricity, gas, garbage collection, janitorial, chemicals, and daily pool
maintenance.
DACA will be responsible for securing the facility after use.
Printed on Recycled Paper
Temporary Use of Pool Facilities at Blackberry F~um
August 8, 2002
Page 2 of 4
6. DACA will be responsible for the cost of :~11 pool covers and other equipment necessary
to conduct its temporary use, including temporary lighting for the pool deck. Lighting will
also be needed for parking.
7. All improvements and repairs performed try DACA to the facilities shall only occur upon
written permission from the City.
The use of the pool facilities by DACA is subject to the paramount right of the City to
control and operate Blackberry Farm and the pool facilities. The City reserves the right to
cancel this temporary use agreement at amp time for any reason upon giving DACA
written notice of said cancellation.
9. The City reserves the right to reduce or change the number size, type, location, and/or use
of the pool facilities at any time during this agreement.
10. DACA, during the term of its use, assumes all liability for personal injury or property
damage in any way arising out of its use o P the pool facilities. Further, DACA agrees to
defend, indemnify, and hold harmless Cit}~ against all damages, liabilities, or other costs
or expenses (including legal fees and cost:.) that the City may pay as a result of any claim
or lawsuit arising from DACA's use of these pool facilities.
11. DACA will, at its own cost and expense, I>rocure and maintain during its usage of the
pool facilities the following insurance coverage.
a) Comprehensive general public lialr~ility insurance incurring against the risks of
bodily injury, property damage, and personal injury liability occurring at or near
the pool facilities or arising out of DACA's use of the facilities, with a combined
single limit of at least $2,000,000.1)0 including, but not limited to coverage for
facility's operations, broad form blanket contractual coverage, and standard
personal injury coverages A, B, and C.
b) Fire and extended coverage insurance, and vandalism, and malicious mischief
insurance, insuring DACA's fixtures and equipment in or on the pool facilities for
100 percent of their insurable and replacement cost, without deduction for
depreciation.
c) Workers Compensation Insurance as required by the laws of the State of
California.
12. Any insurance policy required under this ~igreement shall be issued by a responsible
insurance company licensed under the laws of California and shall provide that it shall
not be cancelled, terminated, or changed except after 30 days prior notice to City. DACA
must deliver to City a duplicate original or certificate for all insurance policies procured
by it for the above purposes.
08!07/2002 15:42 4087773366 CITY ~' CtJPERTIND PAGE 04
'l'etupurary Use of Pool Facilities at Blackberry Farm
August $, 2t}U2
Page 3 o~F 4
13. DACA agrees that its use ofth.e pool facilities is in an "ss i.s" condition and City makes
no warranty regarding the condition of a~~y of the pool facilities. The City as4umtwa nn
zespanaibility for the operability of any City equipment at the pool facility including, but
not limited to, pool heating, facilities' lil;htizig, ar power. DACA. further agrees to hold
City harmless from any event resulting iaz DACA's inability to use the pool facilities
caused by any reason whatsoever including the ;negligence of the City, its employees,
officers, contractors or agents.
14. At the ~nvIusiou of its teiupvx~tuy use under tha.s agreement, DACA, agrees to vacate the
pool :facilities in the same condition as fide facilities were at the commencement of its use.
DACA will reimburse City for any snti all damages to the poll faoiIitics caused by
):7-ACA's use thereof
15. DACA may not assign. its rights under this agreement without written consent of the City.
16. !n any litigation, which is commenced bc,tween the parties concerning any issue contained
in this agreement, the prevailing party shall be entitlad to reasonable attorney's fees and
costs.
1'7. Tn the event that the City or DACA recei~rea coxttplaints from the owners or occupiers of
properties adjacent to, or near Blaelcberry Farnn regarding any environmental inttpaets
attuned by DACA's use of the pool facilities, DACA, agrees to x~aect with #hc complauiants
and to undertake reasonable measures to cease or mitigate said innpacts.
l $. Tl1e agreement becazztes e~'eetive ozxly u~,an, the execution by an authorized agent o£
DACA, of this agresme~nt in the space designated below ar the execution of this
agreement by the Gity Manager thereafte~~.
Date: ~~~1~-~0~
~'Iterese Ambzasi Sxnitb.
Dizectoz of 1' ation
.~
Z ~
e Anna Cupertino quatics, a
nanprnfit corpora nn
Date: ~ . 2 Z , O Z ~~
David W. Knapp, City Manager
City of Cupertino
Temporary Use of Pool Facilities at Blackberry F~um
August 8, 2002
Page 4 of 4
APPROVED AS TO FORM
Charles T. Kilian, City Attorney
RESOLUTIONv N0.02-155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING
CITY MANAGER TO EXECUTE AN INFORMAL LETTER AGREEMENT WITH DE ANZA
CUPERTINO AQUATICS FOR THE TEMPO]EZARY USE OF THE POOL FACILITIES AT
BLACKBERRY FARM
Whereas, De Anza Cupertino Aquatics, a California non-profit corporation, has requested the
temporary use of the City's pool facilities at Blackberry Farm for a period of
approximately six months from September 2002 until February of 2003; and
Whereas, there has been presented to the City Council an informal letter agreement attached to
this Resolution whereby said temporary u:;e is approved under certain terms and
conditions; and
Whereas, the terms of the informal letter agreement have been reviewed and approved by the
City Attorney and the Director of Parks and Recreation; and
Whereas, the aforementioned agreement has been executed by the authorized representative of
De Anza Cupertino Aquatics;
NOW, IT IS THEREFORE RESOLVED:
The City Council of the City of Cupertino hereby authorizes the City Manager to execute
said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED by the City Council of the City of Cupertino this 19th day of August
2002 by the following vote:
MEMBERS OF THE CITY COUI`1CIL
AYES: Lowenthal, Chang, James, Kwok
NOES.: None
ABSENT: Sandoval
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith
City Clerk
/s/ Richard Lowenthal
Mayor, City of Cupertino
g:\city clerk\resolutions\2002 resolutions\02-155 daca.doc