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07. Mobile skate park donationDEPARTMENT OF~ PARKS AND RECREATION CUPERTIN~ CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: {40>:~)~777-3110 • FAX: {408) 777-3366 STAI+'F REPORT Agenda Item No. SUBJECT MEETING DATE; October 5, 2009 Authorize City Manager to sign the agreement with Valley Church for donation of the mobile skate park equipment. BACKGROUND The City of Cupertino formed a Skate Facility Committee in 2000 and explored a location for a permanent skate park. While there has been ge-neral community support, whenever a specific site was discussed, those living near a proposed sitf; have strongly opposed it. The City then purchased a mobile skate park thinking the equipment co~ild be moved from site to site. However, the equipment only works on very smooth surface~~. The only City facility with a somewhat smooth surface was the parking lot at Creekside Park. Creekside Park is a site active with sports leagues and is not appropriate for a mobile skate park due to the parking demands. During 2003, and again for months during 200b, the city received complaints about misuse of the equipment, vandalism, and inappropriate behavior of the teens using the equipment. Since Apri12007, the mobile skate park has been stored at the Stocklmeir property. Valley Church had expressed interest in having the mobile skate park if the City donates the equipment. Valley Church was one of the original facilities we used for the skate park and in later years (2003 and 2004), housed the equipment for several months at a time and on weekends when city facilities were not available. Given the lack of adequate facilities for the mobile park, the potential liability of the equipment, and Council's desire to consider programming Stocklmeir and building the Stevens Creek Trial Phase 2, staff recommends donating the equipment to Valley Church. Valley Church will maintain, unprove and instill the equipment at the church and it will be available to the public. 7-1 FISCAL IMPACT The mobile skate park equipment is in need of significant repairs. Valley Church is prepared to move the equipment and install it at the church. Valley Church will also assume all operating costs and all liability. RECOMMENDATION Authorize the City Manager to sign the agreement with Valley Church for the donation of the mobile skate park equipment. SUBMITTED BY: .~'"-. k Linder. Duector, Parks and Recreation Attachment A APPROVED FOR SUBMISSION BY: David W. Knapp City Manager 2 ~-2 Attachment A AGREEMENT BETi~EEN CI7.'Y OF CIIPERTINO AND VALLEY GHIIRCH PER'tAIIrT1NG TO THE DOftATION BY THE CITY TO TH]~ Ct3CTRGH OF A MOBILE SKATE BOARD PARK THIS AGREEMENT, for reference dated August I3, 2Q09, is by and between the CITY OF CUPERTINO, a municipal cozpoxation of the State of Cal~ornia {~City'~, and VALLEY CHURCH, a California not-for-profit corporation ("Valley Church located within the cozparate boundaries of the City of Cupe:c~tino. . WHEREAS, City has a skate bo~uYl. Park {"Mobile Skate Parks consisting ofJdescribed as five pieces of equipment on trailers the City is no longer interested in keeping; and WHEREAS, City bas been unable to find a purchaser for the Mobfie Skate Park; and WHEREAS, Valley Church is willing i:o accept donation of the Mobile Skate Park for use in youth oriented programs; anr3 WHEREAS, the five Mobfie Skate :Park pieces are aperabie but need some refurbishment and maintenance; and WHEREAS, Valley Church has represented to the City that it cuxrently has sufficient fiznding to proceed with the oper~~tion and maintenance of the Mobfie Skate Park; and WHEREAS, the parties desire to proceE:d with. the transfer of the Mobfie Skate Park through a formal written agreement between Them, /// 7-3 NOW Z`HEREFORE, for valuable consideration, receipt of which is hereby aclmowledged, the parties agree as follows: SECTION 1. TRANSFER BY CITY. City hereby agcees to transfer all rights to, title in anal ownership of the Mobie Skate Park to Valley Church no later than September 4, 2009, at which tone all rights to, title in and ownership of the Mobile Skate Park shall vest in Valley Church and no ' longer remain in City, SECTION 2. ACCEPTANCE BY VALLEY CHURCH. At the time of transfer, Valley Church shall make arrangements on its own to pick up and transport the pieces of the Mobile Skate Park to its property, at no cost to the City. Upon acceptance of the Mobde Skate Park by Valley Church, Valley Church shall become responsible for all maintenance and operation of the Mobile Skate Park, as well as any taxes applicable thereto. SECTION 3. INDEMNIFICATION AND INSURANCE. 'Valley Church shall defend, indemnify and hold harmless City, its officer, agents and employees from any claims, demands, actions, causes of action, losses, damages, liabilities, known or unknown, and all .costs and expenses, including reasonable attorneys' fees, in connection with any death of or bodily injuay to persons or loss of or damage to property arising out of or in any way connected with the act, omission, or negligence of Valley Church, its officers, employees, agents, contractor, subcontractor or any officer,. agent or employee thereof in relation to the maintenance and operation by Valley Church of the I4~obz~e Ska~6e Park. /// 2 7-4 ~ WITNESS V4THERE4F, CITY and VALLEY CHURCH have executed Phis Agreement ATTEST: CITY OF {CUPERTIlVO ("CITY") City Clerk By Deputy City Clerk Ciiy Manager APPROVED AS TO FORM: VALLEY (=HURCH ~- `+p --r~~ - S /~2 S City Attorney 3 7-5 r_ ~t~'~,,~ a+~t ' ~L? ., ~\ 4 Z ' ~ U. ~. TREASURY D~PART't~1EiVT ~'~ ~~ . °~.;.~,~`s 1N7~RNAL REVENUE S>_RVte~ btsttttcT' olt~~crart SAN FRANCiSCQ 2, CAL1F. 9~-607yc43 January 23, 1961 Valley Bible Church of Santa Clara County 108$5 Idortlz S teLlin~ kaad Cu?~ertino, Cal;-eorr~a Gentlemen: Iti 1tQf'LY Arfq TO RC)SF FL-103 n :l~ :rr•;o: TJI+I;1.bc~5 Your application for exemption from Federal income tax under the provisions of section 501(e} of the Internal Revenue Cade of 1954, as an organixation described in section 601(e) (~) of the Cade, hoe been considered. It is the determination of this office, based upon the evidence presented, that you are exempt from Federal incomt•_tax es an organization described in aeetion 501(c)(3) of the Internal Reve- nue Code of 195,. as it is shown that you are organized and operated exclusively for rsl~ giaitS purposeso Accordingly, you ere not required to file income tax returns salsas you change Elie character of your organization, she purposes for which you were organized, or your method of operation. ;;ny such changes should be reported immediately to the above District 17irector of Internal Revenue, in order that their effect upon your exempt status may .be determined. It will not be necessary for you to Cle the annual return of information, Farm 990 A, generally required of organizations exempt from Federal itfcome tax under aeetion 5010)(3} of the Code, ap you came within the specific exceptions contained in section 6033 (a) of the Cods, Contributions made to }•ou-are deductible by the donors in computing their taxable net income in the mannt:r and to the extent provided by section 170 of the ].954 Cade. Bequests, legacies, devisee, or trnneferg, to or for your use are deductible in computing the vtiluo of the net estate of a decedent for estate tax purposes in the manner and to the sstent provided by aeetiond 2055 end 2106 of the Internal llevenue Cosa of 195. Gifts of property to you are deductible in computing net gifts for gift tax purpoet:o in the rnaan®r sad to the extent provided by aeetion 25n2 of the Internal liavrnuo Code of 1954, No liability le lncureed by yes! foe the tazee itnpotsed under the Federal Ini'uranee Cantribntfans Act (social cocurity taxers) urlss® you have filed s wtily©r ot" exemption cr~rtifictita In accordance with the appiieable provibion© of inch Act. Ia the event you desire social aeerrity coverage far your employeets but have not filed n wc~ivgr certificate you should take the matter up with this office, `i`nx Liability fm not incurred by you under the Federal Unemployment Tax Act by virtue of section 3$Ca'(c)(8} of such Act. 7-6 -2- Xour attention is called ko Ehe provisions of :3ecti!on 501 (c){i3) of the Internal Revenue Code oI1954 under which your exemption will be revoked if any substantial part of your acti.v%ties consists of carryitiq on propaganda, or otherwise-attempting, to influence legislation, or if yon participate in, or intervene in (including the publishing or distributing of statements), any political campaign nn behalf of any candidate for public office. ' It is importaat that any change in your mailing address be reported at ones to the above District Director of internal Revenue, attention: Chie:', Collection Division. - Yery truly yours, ' ~~ ~ ~~U . - C1~xude~'e Sa7.ter Chief, ~4udit T)ivieioa ROSE Fl,-IQ3 tRev. T-soy sF•~4zs f~t.. 7 - 7 TJl~ds 1 '