The URL can be used to link to this page

06-026, Trail and Open Space Grant Agreement 5750 ALMADEN EXPWY SAN JOSE, CA 95118-3686 TELEPHONE (408) 265-2600 FACIMILE (408) 266-0271 www.valleywater.org AN EQUAL OPPORTUNITY EMPLOYER March 14, 2006 Ms. Therese Smith City of Cupertino Parks and Recreation Dept. 10300 Torre Ave. Cupertino, CA 95014 Subject: Agreement No. A3014S - Trail and Open Space Grant Agreement- Stevens Creek Corridor Trail Dear Ms. Therese Smith, Enclosed is a fully executed copy of Agreement No. A3014S which was approved by the Santa Clara Valley Water District's Chief Executive Officer on 02/15/06. Please retain this original for your records. If you have any questions regarding the agreement, please contact Brian Mendenhall at (408) 265-2607, extension 3093 or bmendenhall@valleywater.org. Sincerely, -.,. Dave Gazave Contract Administrator Contract Administration Unit ~.7 Attachment: Agreement A3014S Copy: Accounting (w/enc) Brian Mendenhall File#3082 The mission of the Santa Clara Valley Water District is a healthy, safe and enhanced quality of living in Santa Clara County through watershed stewardship and comprehensive management of water resources in a practical, cost-effective and environmentally sensitive manner. SANTA CLARA VALLEY WATER DISTRICT Clean, Safe Creeks and Natural Flood Protection Program TRAILS AND OPEN SPACE GRANT AGREEMENT This AGREEMENT entered into this day of December 20, 2005 is made by and between SANTA CLARA VALLEY WATER DISTRICT, a public entity, hereinafter referred to as "District;" and the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as "Grantee;" to provide for the development of public access to new trails and open spaces. RECITALS: A. The Santa Clara Valley Water District's mission is to provide "a healthy, safe, and enhanced quality of living in Santa Clara County through watershed stewardship and comprehensive management of water resources in a practical, cost-effective and environmentally-sensitive manner." B. In November 2000 the voters of Santa Clara County passed Measure B establishing a special tax to fund the Clean, Safe Creeks and Natural Flood Protection program (CSC Program) C. The special tax provides approximately $920,000 in annual revenue to fund Outcome 4 of the cst Program which is to provide "additional access to 70 miles of trails and open spaces" over the 15 year period of the program. D. Consistent with the CSC Program the District Board established an independent oversight committee to monitor and report on the Districts progress in achieving the outcomes of the CSC Program. E. The District Board approved the Trails and Open Space Grant Program (Grant Program) on March 18; 2003. F. Grantee, consistent with the Grant Program, submitted an application for grant funds to develop access to a trail or open space. G. On June 21, 2005, the District Board approved the Stevens Creek Corridor Trail Project, allocating the funds to Grantee and authorized the District's Chief Executive Officer (CEO) to enter into an agreement with Grantee to provide the grant funding. H. On February 15, 2005, the Cupertino City Council approved a Resolution for Stevens Creek Corridor and authorized the acceptance of Santa Clara Valley Water District Grant funds under the Grant Program (see Appendix G). The parties agree to the following terms and conditions: Section 1. Special Provisions 1. Consistent with Application submitted, Grantee has secured funding from Santa Clara Valley Water District in the amount of Four Hundred Thousand Dollars ($400,000.00); The Department of Water Resources in the amount of Four Hundred Thousand Dollars ($400,000.00) and shall provide Secured Funds from the Grantee organization in the amount of Four Hundred Thousand Dollars ($400,000.00), totaling One Million Two Hundred Thousand Dollars ($1,200,000.00) for the Project. Page I of 5 I Section 2. General Provisions A. Definitions 1. "Acquisition" means to obtain fee title or a lesser interest in real property, including a conservation easement or development rights. 2. "Application" means the Trails Grant Application and accompanying attachments submitted to the District for the District's Grant Program. 3. "Completion" means the filing of a Notice of Completion after the fulfillment of agreed upon tasks for the Project by Grantee. 4. "Development" means the creation, by construction of or addition to existing facilities, of new public access to trails and open spaces. It does not include rehabilitation, restoration, enhancement, preservation, and protection of existing trails. 5. "Grant Program" means the Clean; Safe Creeks and Natural Flood Protection Program's Trails and Open Space Grant Program. 6. "Project" means the proposed Project identified by Grantee in the Grant Program application, as set forth in Appendix A of this Agreement. 7. "Project Grant Amount" means the amount agreed to by the District per the District Board Resolution. 8. "Project Performance Criteria" means the criteria used to measure the progress on the project as outlined in Appendix A. and Appendix F. 9. "Property" means the real property described in the Appendix A for Acquisition or Development with the Project. 10. "Secured Funds" means funds committed to the Project through a fully executed written agreement or budgeted by Grantee's organization. 11. "Significant Modification or Alteration" means a change in the Total Project Cost that may exceed $50,000. 12. "Total Project Cost" means the full cost of the Project, including funds from all funding sources, as identified under Special Provisions Item 1.1. B. Project Execution 1. District hereby grants to Grantee, a sum of money (grant monies) not to exceed Four Hundred Thousand Dollars ($400,000.00), in consideration of, and on condition that, the sum be expended for the sole purpose of carrying out the objectives as set forth in the Project as identified in Appendix A, consistent with the terms and conditions set forth in this Agreement. 2. Grantee assumes the obligation to furnish any additional funds to complete the Project. Any significant modification or alteration to the Project must first be submitted to the District contact, as identified on Page 10 of this Agreement, in writing for approval. Continued disbursement of funds is dependent on District approval of changes the District deems are significant. 3. Grantee shall complete the Project in accordance with Project Performance Criteria set forth in Appendix A. Page 2 of 51 4. Project schedule may only be adjusted by written agreement signed by both Grantee and District. 5. Grantee shall comply with all local, state and federal applicable current laws, regulations, and ordinances, including, but not limited to, financial requirements, legal requ irements for construction Contracts, building codes, health and safety codes, laws and codes pertaining to individuals with disabilities, and the California Environmental Quality Act (Public Resources Code, Section 21000, et. seq., Title 14, California Code of ReQulations, Section 15000 et. Seq.). 6. Grantee shall provide the District with access to all documents, project site, and other information necessary to determine if the work is in accordance with the conditions of this agreement for a period equivalent to required operations and maintenance of the Project under this Agreement or 25 years, which ever is greater. 7. Grantee shall provide for public access to Project facilities after completion in accordance with the intent and provisions of the CSC Program. 8. Grantee shall have (1) fee title, (2) lease hold or (3) other interest in the Project lands which demonstrates to the satisfaction of the District that the proposed Project will provide public benefits. 9. Grantee shall maintain and operate the Project for a period of no less than 25 years. With the prior written approval of the District, Grantee, or Grantee's successor in interest, may transfer the responsibility to maintain and operate the Property in accordance with this section. 10. Grantee shall use the Property only for the purposes for which the grant was made and shall make no other use or sale or other disposition of the Property, except as authorized by the District. Any unauthorized use of District Property shall result in loss of trail grant funds associated with the Project and shall require payment of funds with interest earned. 11. Grantee shall post signs during construction acknowledging the District's participation in the development of the Project and the use of Clean, Safe Creeks and Natural Flood Program Funds. District to provide sign template(s) to Grantee for use in Project. Additionally, Grantee shall invite, in writing, members of the Board of Directors to participate in any opening or ribbon cutting ceremony (ies). C. Project Administrationl Reporting Requirements 1. Grantee shall provide written quarterly reports (on a fiscal year schedule), within 30 days of quarter end, to the District using the standard form presented in Appendix F. Quarterly reports will be completed and submitted in conjunction with quarterly invoicing (Appendix D) as appropriate, and should include the following provisions: a. Project status/ General comments (including progress and problems encountered, tasks and subtasks completed) b. Identification of Community Based Organizations (not for profit) involved in the project c. Discussion/ Evaluation of Public Participation Efforts d. Discussion of newly identified trails, parks or open space projects within 1000 feet of Project e. Discussion of newly identified capital projects within 1000 feet of Project f. Discussion of newly identified enhancement opportunities within 1000 feet of Project Page 3 of 51 g. Discussion of any public concerns or opposition; including appropriate contact information 2. Grantee shall provide five copies of and one electronic version of items listed in Section 3, Item 3.H., Project Completion. 3. All reports submitted to the District shall include the following certification page signed by an officer of the organization: "1 certifY, under penalty of perjury under the laws of the State of California, that the Quarterly/Monthl Status Re ort and all attachments, si ned on at were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the loss of the current and future Grant Funding. " 4. Quarterly reporting will end with submittal of Project Completion Packet (see Item 3.H.1). D. Termination of the Agreement 1. Grantee may unilaterally rescind this Agreement at any time prior to District disbursement of Grant program funds by written notice to District. 2. Failure by Grantee to comply with the terms of this Agreement may be cause for suspension or termination of funding by the District. Additionally, in the event of failure to complete Project, Grantee may be required to repay District for funds received, including interest earned at the District's pooled portfolio monthly interest yield corresponding to the month(s) the funds were due to the District. E. Hold Harmless 1 . Grantee waives all claims against the District including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the sole negligence or willful misconduct of the District, its officers, agents, and employees. 2. Grantee shall indemnify, hold harmless and defend the District, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Acquisition, Development, construction, operation or maintenance of the property described as the Project which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the District, its officers, agents, or employees. 3. Grantee agrees that in the event the District is named as codefendant under the provisions of Government Code Section 895 et. seq., Grantee shall notify the District of such fact and shall Page 4 of 51 represent the District in the legal action unless the District undertakes to represent itself as codefendant in such legal action in which event the District shall bear its own litigation costs, expenses, and attorney's fees. F. Nondiscrimination 1. Grantee shall not discriminate against any person on the basis of race, religion, color, national origin, ancestry, mental or physical disability (including HIV or AIDS), medical condition (including cancer), marital status, gender, age (over 40), pregnancy, special disabled veteran status, Vietnam Era Veteran and all other Veteran status, or sexual orientation, or gender identity in the use of any property or facility developed pursuant to this Agreement. 2. Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this Project Agreement or under provisions of the enabling legislation and/or Program. G. Severability 4. If any provision of this Agreement is held invalid, that invalidity shall not affect other provisions of the Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. Section 3. Financial Provisions A. Accounting and Audit Requirements 1. Grantee must maintain an accounting system that accurately reflects fiscal transactions, with the necessary controls and safeguards. Grantee should provide clear audit trails, especially the source of original documents such as, but not limited to, receipts, progress payments, invoices, time cards, etc. AVOID AUDIT EXCEPTIONS - KEEP ACCURATE RECORDS. 2. Grantee shall keep books, records, documents, and other evidence pertaining to costs and expenses incurred pursuant to this Agreement to the extent and in such detail as will properly reflect total costs for the proposed work. Grantee shall maintain such books, records, documents, and other evidence for a minimum of three years after completion of the work herein and resolution of all claims arising there from and shall make available at the offices of Grantee, at reasonable times, such books, records, documents, and other evidence for inspection and audit by authorized representatives of the District. 3. Grantee's detailed budget is included as Appendix C. 1. Grantee will be required to clear outstanding fiscal debts with the District prior to receiving Grant Program monies. 2. Grantee must prove eligible for receipt of funds based on the Federal List of Parties Excluded From Federal Procurement or Non-procurement Programs. Exclusion of Grantee from this list, verified at http://www.arnet.qov/epls, demonstrates the Grantee's good status regarding suspension and debarment and eligibility for Grant Program funds. 3. Post audits may be performed after Project Completion to determine whether the costs claimed are allowable, allocable, reasonable, and in compliance with the District's Trails Grant Program Guidelines. Page 5 of 5 I 4. Grantee is responsible for repayment to District of any Disallowed Cost. Disallowed Costs may be identified through audits, monitoring or other sources of information that become available to the District. 5. Construction costs are deemed "reasonable" if obtained by competitive bidding or a public interest finding. B. Eligible Costs Total Project Grant Amount shall not exceed Four Hundred Thousand Dollars ($400,000.00) and will be disbursed to Grantee as described in Section 3.0 and 3.E below). 1. Only project related costs incurred during the project performance period, excluding costs incurred during preparation of the grant application, specified in the contract are eligible for reimbursement. All such costs must be supported by appropriate documentation (see Appendix D). 2. Personnel or employee services - Services of the applicant's employees engaged in project execution are eligible costs. These direct labor costs must be computed according to the applicant's prevailing wage or salary scales and may include fringe benefit costs such as vacation, sick leave and social security contributions that are customarily charged to the applicant's various projects for which the applicant has submitted a Benefit Rate Calculation to the District. Indirect overhead is limited to 10% of Salary plus Benefits. Costs charged to the project must be computed on actual time spent on a project, and supported by time and attendance records describing the work performed on the project. Overtime costs may be allowed under the applicant's established policy, provided that the regular work time was devoted to the same project. 3. Salaries and wages claimed for employees working on grant funded projects must not exceed the applicant's established rates for similar positions. 4. Consultant services - The costs of consultant services necessary for the project are eligible. Consultants must be paid by the customary or established method and rate of the applicant. No consultant fee may be paid to the applicant's own employees. 5. Construction equipment - Equipment owned by Grantee may be charged to the project for each use. Equipment use charges must be made in accordance with the applicant's normal accOlmting practices. The equipment rental rates published by the State Department of Transportation may be used as a guide. a. If the applicant's equipment is used, a report or source document must describe the work performed, indicate the hours used and relate the use to the project. b. The purchase of equipment with Grant Program funds is not permissible. 6. Construction supplies and materials - Supplies and materials may be purchased for a specific project or may be drawn from a central stock, provided they are claimed at a cost no higher than that paid by the grant recipient. Supplies and materials purchased for the construction of a piece of equipment, a structure or a part of a structure, may be charged to the project. If charged, only that cost incurred during the project performanc~ period and attributed to the project may be claimed. 7. Signs and interpretive aids - The cost of signs, display boards, or other minor interpretive aids relating to the project are eligible. Page 6 of 51 8. Construction - The cost of all necessary construction activities, from site preparation (including demolition, excavation, grading, etc.) to the completion of a structure or facility is eligible. 9. Acquisition - Costs of acquiring real property are eligible and may include the purchase price of the property, appraisals, surveys, preliminary title reports, escrow fees, title insurance fees. 10. Relocation costs - Relocation costs are allowable for projects that result in displacement on any . person and/or business. The applicant must comply with the requirements of the State Relocation Act (Chapter 16 Government Code, Section 7260 et seq.) if applicable, even if relocation costs are not claimed for reimbursement. 11. Other expenditures - In addition to the major categories of expenditures, reimbursements may be made for miscellaneous costs necessary for execution of the project. Some of these costs are: a. Communications (such as telephone, telegrams, letters, etc.); b. Work performed by another section or department of Grantee's agency; and c. Transportation costs for moving equipment and/or personnel. C. Interest Earned From Advanced Funds 1. If grant monies are advanced, Grantee shall place these monies in a separate interest bearing account, setting up and identifying such account to the District prior to the advance. Interest earned on grant monies and any grant monies not expended shall be returned to the District within 60 days of Project Completion. D. Payment Request Process - Development Projects This Grant Agreement is based on a reimbursement model with options of specific advance payments noted below. 1. After the Grant Agreement has been fully executed, Grantee may request a 10% advance of the Project Grant Amount. 2. If Grantee has requested a 10% advance, this advanced Grant funding will offset actual costs as documented in the attached Payment Request Form and Invoice. All advanced Grant funding will be applied to Payment Request Reimbursements before any subsequent funding will be paid. 3. Grantee may submit multiple Payment Request Forms as necessary, but not more than monthly and not less than quarterly. 4. After Grantee completes the Project, Grantee submits the Project Completion Packet (see Sec. 3.H.1) and the Payment Request Form for the final payment. Payment ReQuest Process - Development Proiects Payment Type When to submit it Supporting Documentation to Send to Project Officer 10% Advance After the Grant agreement has (of the total Project . Payment Request Form Grant Amount) been fully executed. Payment Request After Grantee has spent funds to . Payment Request Form Reimbursement (up to 80% of the total implement the Project . Invoice and Status Report Form Page 7 of 5 I Project Grant Amount) . For direct expenses, copies of invoices with all attachments shall be submitted . For labor costs, copies of Timesheets shall be submitted . For Benefits Costs, a Benefits Rate Calculation will be submitted Final After Grantee has completed the . Project Completion Packet Proiect E. Payment Request Process - Acquisition Projects This Grant Agreement is based on a reimbursement model with specific advance payment options noted below. 1. After the grant agreement has been fully executed, Grantee may request a 10% advance of the Project Grant Amount. 2. If Grantee has requested a 10% advance, Grantee may request up to an additional 70% of the Project Grant Amount, as specified in the approved Application, for a total up to 80% of the Project Grant Amount upon submission of evidence that escrow is open. At District's option, funds may be placed directly into escrow or given to Grantee for immediate deposit into escrow. 3. If Grantee has not requested a 10% advance, Grantee may request up to 80% of the Project Grant Amount as specified in the approved Application upon submission of evidence that escrow is open. At District's option, funds may be placed directly into escrow or given to Grantee for immediate deposit into escrow. 4. Grantee may submit multiple Payment Request Forms as necessary, but not more than monthly and not less than quarterly. 5. After Grantee completes the Project, Grantee submits the Project Completion Packet (see Sec. 3.H.1) and the Payment Request Form for the final payment. Payment Reauest Process - Acauisition Proiects Payment Type When to submit it Supporting Documentation to Send to Project Officer 10% Advance After the grant agreement has (of the total Project . Payment Request Form Grant Amount) been fully executed Up to 80% Advance After the grant agreement has . Payment Request Form been fully executed . Evidence of open escrow Payment Request After Grantee has spent funds to . Payment Request Form Reimbursement (up implement the Project to 80%) . Invoice and Status Report Form . For direct expenses, copies of invoices with all attachments shall be submitted . For labor cost, copies of timesheets shall be submitted . For Benefits costs, a Benefit Rate Calculation will be submitted Page 8 of 51 Final After Grantee has completed the . Project Completion Packet (see Sec. Project 3.H.1). . Recorded Grant Deed . Final Title document . Relocation Plan, where occupants were provided eligibility for relocation assistance, if applicable F. Invoicing 1. The Invoice and Status Report Form (Appendix D) shall accompany the Payment Request Form (Appendix E) and shall incorporate Grantee name and remittance address, a description/itemization of goods or services, dollar amount of goods or services, invoice date and number, and Agreement number. Work performed shall be determined on a per task basis as outlined in the Project Description (Appendix A) and Project Schedule (Appendix B). 2. The District shall process and issue a check to Grantee within forty-five (45) calendar days of receipt of an undisputed invoice. Final Grant payment must be processed within 5 years of the date the Agreement is executed. The District can dispute an invoice or portion of an invoice submitted by Grantee. 3. Invoicing can be as frequently as monthly, and at least quarterly. Grantees must submit invoices to the District Trails Grant Program Administrator, and should provide the Agreement number next to the Grantee's name. District Trails Grant Program Administrator should ensure that received invoices are time and date stamped, and logged into an established project spreadsheet. 4. Grantee should obtain and submit invoices from subcontractors typically showing task, task budget, percentage complete, prior billing if any, current billing, and total billed. The District Trails Grant Program Administrator completes a Receiving Record (form FA1226A), along with copies of the invoice and any grantee/subcontract supporting documents when submitting invoices to District Accounts Payable for payment. Project supporting documentation should be consistent with invoicing frequency. Percentage of project Completion should coincide with reimbursement to Grantee. H. Project Completion 1. After Grantee completes the Project, Grantee shall submit the Project Completion Packet to the Trails Grant Program Administrator, which packet shall include: a. Final Invoice and Status Report Form (Appendix D). b. Final Payment Request Form (Appendix E). c. Final Project Report (may be final quarter or final monthly report) (Appendix F). d. Notice of Completion (Public Contract type as agreed upon by District and Grantee) 2. District conducts the final on-site Project inspection. 3. District processes the final payment of monies from the Grant Program for the Project. 4. Project must be fully completed (including processing final payment) within 5 years from the date the Agreement is signed or unspent funds will revert back to the District. Page 9 of 5 I 5. District may perform an audit of the completed Project. 6. District shall be notified of opening ceremonies for completed trail segments associated with Project for inclusion and representation by the District. Page 10 of 5 I NOTICES All notices and other communication required or permitted to be given under this Agreement shall be in writing and shall be personally serviced or mailed, postage prepaid and return receipt requested, addressed to the respective parties as follows: To SCVWD Beau Goldie Deputy Operating Officer Lower Peninsula/West Valley Watersheds Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118-3686 Contact Brian Mendenhall Project Manager Regulatory Compliance Unit Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118 Phone (408) 265-2607 x3093 Fax (408) 979-5627 E-mail: bmendenhall@vallevwater.orQ E~ACTED COpy. Contract Admin. Unit : . ft30tt.f5 "~. #__} Q'~~ Williams Chie cutive Officer Santa Clara Valley Water District App, edastOform~ Le Counsel Santa Clara Valley Water District Page I I of 51 To Grantee David Knapp, City Manager 10300 Torre Avenue Cupertino, CA 95014 Grantee Contact Therese Smith, Director Parks and Recreation Dept. 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3268 Fax (408) 777-3366 thereses@cupertino.org APPENDIX A PROJECT DESCRIPTION The District's Trails and Open Space Grant Program is based on a reimbursement model, and as such will require a detailed project description outlined with Tasks and Subtasks for measuring and auditing progress and the subsequent allocation of funds to Grantee. The description and possible attachments should include, but is not limited to: General Description . Property description . Specific location of project (cross street to cross street is generally an easily identifiable project reach) . Adjacent water bodies and creeks . Adjacent trails, parks and open space . Project Access . Existing District! Grantee agreements in the project vicinity (JUA, Joint Trail Agreement, MOU, MOA) . All proposed project improvements (signage. fencing, grading, benches, trash receptacles, landscaping, ADA accessibility, etc.) . Duration of time to complete project . Estimated time of year for construction . Proof of CEQA compliance (NEPA if project involves a federal nexus) . Plans for project maintenance Tasks and Subtasks Tasks and Subtasks should be identified in such a way that the District may monitor Grantee's progress on the approved project. The detail in which this is done is at Grantee's discretion, however, as applicable, should include such general topics as planning, design (surveying, engineering, testing, bidding), construction, construction engineering and testing, construction contingency, landscaping, and project management. Separate tasks and subtasks shall include cost estimates (see Appendix C and D). Timing associated with tasks and subtasks may be addressed in the Project Schedule (Appendix B). Project Performance Criteria District shall use the following Project Performance Criteria, as well as requested information in submitted Quarterly Reports, to evaluate the performance of Grantee: . Project completed (trail on the ground). . Project complete within 5 years of date the Agreement was signed. . Grantee on schedule with submitted Project Schedule (Appendix B). . Operations and Maintenance of Project to be maintained for 25 years. . Community Involvement demonstrable. Page 12 of 51 Exhibit A Stevens Creek Corridor Master Plan Components I;J/-------------~ 5,900' or 1.15 miles Unpaved Trail, 8' wide (, 1-''-:>0 Interpretive Signage and Benches Throughout - New Trailhead Access- Reseal/Restripe to Add 32 Spaces _!:-egend B Mulli-Use Sheller _ Proposed Resloration Area r-l ExiaUng Golf Course L..-J Playing Areas E>dstlng Golf Course Groens Pedestrian Bridge r=l. ~ Proposed Pedestrian! Bike Bridge Stevens Creek Channel (low flow) _ _ - propo$Od BikelP&d Trail Existing Nature Trail Prop08ed Fence Around Picnic Area .f;:J Existing Tree Canopy ~ Historic Meander Restoration S~ High Flow ChanneU Seasonal Wetland ~. Pool and Riffle Restoration Grant-Funded Components Monta Vista High School CIUol"tD:;lK'AUC ;.. L.....r...........d.._1 1 inch = 100 ft. ~,~ ((,/>"~il-.(J~ STEVENS CREEK CORRIDOR COMPONENTS INCLUDED IN THE GRANT APPLICATION ARE HIGHLIGHTED IN YELLOW Stevens Creek Corridor Trail Park Project includes: Construction of a 5,900' long, 8' wide unpaved multi use trail and one pedestrian bridge (for which funds are requested) Improvement and reconfiguration of two parking lots (with one a pmt ofthis funding request) Pool and riffle restoration Removal and reconstruction of picnic facilities (with an overall 80% reduction in size of the picnic grounds to make more room for restoration) Installation of approximately 5 acres of riparian and oak upland habitat (one acre is included in this funding request) Creation of 0.5 acres of wetland area (abandoned creek channel) Incorporation of interpretive signage Reconstruction of park amenities and park maintenance facilities away from the l;parian zone Page 9 Page 13 of 5 I Appendix A - P.roject Location/Project Access Stevens Creek Boulevard Bike lanes - both directions ~ Valley Transportation Authority Bus Stop on Stevens Creek Blvd. '- - _'.o.....-~ --- Stocklmeir House - Historical Center -'.~ -"~ 50~ :.....o...i , "-=- : ---- j- , , : ,. I ~{ : : T ;: . Blackberry Farm Golf \ Course - 9-ho1e golf course \ . ~ = r~ / \. ----;1 ..Blackberry Farm Picnic Grounds: .-- Parking-200 spaces Creek Restoration Area l. I I ! : HPI ill! i! ; I i ! j I I I h- e Ie !~ ,~ i L-- i~ Key R Rest rooms Trail ;- Page 12 Page 14 of 5 I Appendix A - Property Relationships - ..........:-r '--~ . . . . = Stocklmeir House - · ... '~ Historical Center ~... ~.::::-- '": .. .----- r--- .. .. ---..... ~~r _ ~ ~~ 'socl ~.<::E ' ~ :.. -.: ---,,"- :. /'.,/ ____ 1---: ---/ ~ ~/ i .. Blackberry Farm Golf T ~ ~ Course - 9-hole golf course ~i - ==r~ ., Blackberry Farm Picnic Grounds - Creek Restoration Area j I I I tT r Ie I~ Ie : L- :l!i~ l~l.H . ,~~ i'l~~ ! l I I ! ~ :-----.. r---: r--1 P'-;-i r : r---+----- ~ Page 15 of 51 LAND TENURE MAP Deeds and Agreements r -'- o > ...J <D '. - . - IG-- -=-'--= ==<<= ~- '- ~- y ,-- . soe-- -, 1 G f " B ackberry Farm 01 ~ i---:' -!' Course - 9-hole golf course Li.--/..L..-7-i (recorded deed attached) T .;-: 1..... ~- ~ .. ~~.: ii': .;</ ~~~~ ;....- .; ! . ~~ . Blackberry Farm Picnic Grounds ~ ., . ; r---;--- . (recorded deed attached) fR~ r---t-i I' . , I ..--i----,~. ~ 1 I L-.!.--! I .. ~ I I l.' ____~ : ! '..=::::: LLJ i ! j ~ I rri -rnrIlTlTium~ti-i -' i IWL...-jil i~ I ! ! Q:7 -;1 I I ! I I~ I \ : ' JJiiiinn . I , {, ~"'; -.:::::;::..--:: ~- :l ~ o o u.: VI . --.: G M(, ('I F' I AN RD '\ c c.: '" '" :::: " . ~~r~ '" . .' .... . .... .' .) ----.:ir: (.......'^"";.-'.. ._~ ~""I"_(.w;...-....w"r_Io::>ooii~~":"_'f'_j:,O,l~___""'~ -. .- ~ ' \' \ _~<' .'\lJ.:~ I AR f>.." .. \~.~. ~:. . 1'---; '\ I ~ I" .: L....!' ! i Z ! 1 . .' I' , H ' !l:l i I 1[: ! 1l'In I: . \" R~"" I '.,- \J; !--.Jr-, I: I' ,t I!. ~==11 I, , I, ~~P I:! L: HHI f---ll~-; 8lJ.[JDJJIO i I I I ;-:-. Me: CI .F-I ,LAN RD . j'~ --, Santa Clara Valley Water ~ District property .~ Goint use agreement attached) i ! I I I IT r- Ie Ie d- :c 1~ ,,' I I :', ; I I 'I } . I ' I J.....--":../" ,I , i I I '/HYA~!=:"pnJl'T' nR "..-/1 L....-.LJ-....ip' ~ ~ !! i I I ! 1 rTT'1 ;---i I ~" I 1 . .' I ,t---'-;-'--' ~j' ,: ~ I , , I f--i---l '---' :---!~\ ~~ __~:~.,~.;l ! :~ ~---i r~ ,--- . ., I .:-; Stevens Creek Joint Use Area with the City of Cupertino ~ Lands of SCVWD ~ ,- I ~ ---' -::::::::J r ~ ~,-----... _ ___ r 1/ Page 16 of 5 I Escrow No. HL176504 RECORDING REQUESI'ED BY WHEN RECORDED MAn.. TO CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 Attention: Donald Brown, City Manager ! LI1&':>C'f- SPACE ABOVE TIllS LINE FOR RECORDER'S USE Mail Tax Statements to: CITY CONVEYANCE DOCUMENl'ARY TRANSFER TAX $_ City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Atm: Donald Brown, City Manager Tax: $ _ Computed on the consideration or value of property conveyed; OR _ Computed on the consideration or value less liens or encumbrances remaining at tUne of sale. City: $ o Signature of Declarant or Agent determining laX - Firm Name A.P.N. 357-08-020; 357-12-001; 357-10-004; 357-10-007 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BLACKBERRY FARM RECREATION CENTER, a California corporation hereby GRANT(S) to CITY OF CUPERTINO, a California municipal corporation that certain real property in the County of Santa Clara, State of California, more particularly described as follows: See Scbedule A attached hereto and incorporated herein. This Grant is made subject to all covenants. conditions, restrictions, exceptions, easements, rights-of-way, rights of access, agreements, reservations, encumbrances, liens and other matters whether or not of record; any matter which would be disclosed by survey, investigation or inquiry; and any laX, assessment or other govemmentallien against the property. Dated Itflj2. J, ('7 f I jCjq, On this 2fj11 day of Nla,...c.A.. , ~, before me, the undersigned Notary Public, personally appeared '1Drn Ne.I $C7I. and :)1..', Lo 1t\!L'7 , personally known to me (or proved to me 0 the basis of satisfactory evidence) to be the persons who executed the within instrument as president and secretary, respectively, on bebalf of the corporation therein named, and acknowledged to me that the corporntion executed the same; By: Its STATE OF CALIFORNIA ) ) ss. COUNTY OF 5NvrPr Ci-frR ) ~... "j) ,. .\ of . ----L._: ! LtU .VI.. NOT ARi' PUBLIC I i '../ ~h- JOEL LA OLSEN NOTARY ?lJ~L1C.CALlFOANIA S:\i'H A CLARA COUNTY My Commi:!!un EI~!res FEB. 25. 1992 WITNESS my hand and official seal. /2. aH'<J586100c.PSO Page 17 of 51 Order No.: HL176504 SCHEDULE A The land referred to herein is situated in the State of California, County of Santa Clara , City of Cupertino , and is described as follows: All that real property situate in Section 15, Township 7 South, Range 2 West of the Mount Diablo Base Line and Meridian, City of Cupertino, County of Santa Clara, State of California, and more part~cularly described as follows: Beginning at a point on the Southerly right-of-way line of Stevens Creek Boulevard as established by Record of Survey recorded in Book 469 of Maps, page 57, Official Records, of Santa Clara County and as shown on Plan Line'Map recorded in Book 7 of Plan Line Maps, pages 113 to 121, Santa Clara County Records which bears South 890 49' 00" West a distance of 260.77 feet and North 120 301 23" East a distance of 5.19 feet from the intersection of Byrne Avenue and Old Stevens Creek Boulevard as shown on the Map of Tract No. 150, "Stevens Creek Subdivision Map No.2", recorded in Book 5 of maps, page 5, Santa Clara County Records; thence south 120 30' 23" West, on the Westerly line of "Tract No. 6574", recorded in Book 443 of Maps, pages 34 and 35, Santa Clara County Records, and the Northerly extension thereof, distance of 302.26 feet to the Southwest corner thereof and the Northwest corner of said Tract No. 150; thence on the Westerly line of said Tract No. 150 the following 11 courses: 1. South 030 02" 58" East a distance of 101.84 feet; 2. South 060 43', 22" West a distance of 126.15 feet; 3. South 150 03' 52" East a distance of 95.55 feet; 4. South 010 32' 17" East a distance of 92.26 feet; 5. South 060 17' 53" East a distance of 48.91 feet; 6. South 280 55' 53" East a distance of 141.02 feet; 7. South 040 26' 48" East a distance of 139.85 feet; 8. South 030 13' 56" West a distance of 109.72 feet; 9. South 080 29' 30~ East a distance of 101.56 feet; 10. South 000 000 00" East a distance of 46.95 feet; 11. South 460 15' 30" East a distance of 473.35 feet to a point on the Northerly line of San Fe+nando Avenue; thence South 570 30' 00" West, on said Northerly line, a distance of 165.89 feet to the Northeast corner of Lot 59 of Tract No. 211, "Stevens Creek Subdivision Map No.4" as recorded in Volume 7 of Maps, page 31, Santa Clara County Records; thence South 000 10' 58" West, on the East line of said Lot 59, a distance of 30.00 feet: thence South 690 09' 51" West a distance of 124.89 feet to the Northwest corner of said Lot 59; thence SOuth 830 09' 00" West, on the Northerly line of said Tract No. 211, a distance of 239.08 feet to the most Easterly corner of Parcel "B" as shown on that Record of Survey recorded in Book 146 of Maps, page 56, Santa Clara County Records; thence on the Northerly, Westerly and Southerly lines of said Parcel "B" the following 7 Courses: 1. North 760 49' 03" West a distance of 86.30 feet; 2. South 790 14' 51" West a distance of 30.17 feet; 3. South 60.29"51" west a distance of 60.00 feet: 4. South 400 44' 21" West a distance of 19.99 feet; 5. South 120 19' 43" East a distance of 50.82 feet; 6. South 390 06' 00' (Continued) /3 '-........ Page 18 of 5 I \ ---- ------- I East a distance of 72.31 feet; 7. North 55. 54' 00" East a distance of 43.18 feet to a point on the Southwesterly line of Lot 48 of said Tract No. 211; thence on the Southwesterly line of said Tract No. 211 the following 4 courses; 1. South 360 42' 00" 'East a distance of 34.45 feet; 2. South 330 31' 00" East a distance of 93.06 feet; 3. South 30. 31' 00" East a distance of 79.45 feet; 4. South 450 33' 00" East a distance of 189.70 feet to the Northwest corner of that parcel of land described in Book K982 of Official Records, page 1197, Records of Santa Clara County; thence South 110 38' 08" East, on the Westerly line of said Parcel, a distance of 61.20 feet to the Northwest corner of that parcel of land described in Book 2366 of Official Records . ' page 499, Records of Santa Clara County; thence South 240 04' 30" East, on the Westerly Line of said Parcel, a distance of 92.58 feet; thence South 120 51' 30" West, continuing on said Westerly Line, a distance of 172.35 feet to a point on the North line of Tract No. 5362 as recorded in Book 323 of Maps, page 41, Santa Clara County Records; thence North 900 00' OO~ West, on the North lipe of said Tract No. 5362 and on the North line of Lot HZ" of the Map of "Colony Tract Manta Vista" as recorded in Book "P". of Maps, page 21, Santa Clara County Records, a distance of 328.67 feet to a point on the Easterly line of Parcel "A" of Tract NO. 5873, "The Sycamores" as recorded in Book 383 of Maps, page 51 and 52, Santa Clara County Records; thence on the Easterly and Northerly lines of said Parcel "A" the Following 3 courses: 1. North 020 44' 11" East a distance of 206.97 feet; 2. North 200 25' 11" East a distarice of 153.50 feet; 3. North 580 17' 31" West a distance of 708.51 feet to a point on the Westerly line of Lot "C" of the "Map of Manta Vista Park" as recorded in Book "P" of Maps, page 19, Records of Santa Clara County; thence on the Westerly and Northerly lines of said Lot "C" the following 7 courses: 1. North 000 10' 31" West a distance of 31.54 feet; 2. North 180 18' 25" East a distance of 124.23 feet; 3. North 440 48' 25" East a distance of 123.86 feet; 4. North 38. 03' 25" East a distance of 79.23 feet; 5. North 08. 03' 25" East a distance of 137.94 feet; 6. North 130 11' 35" West a distance of 82.00 feet; 7. North 76. 48' 25" East a distance of 10.00 feet to a point on the Easterly line of said Manta Vista Park; thence North 130 11' 35" West, on said Easterly line, a distance of 70.56 feet; thence North 460 46' 00" East, continuing on said Easterly line, a distance of 206.74 feet to the most Southerly Southeast corner of Tract NO. 5915, "The Meadows of Cupertino" as recorded in Book 384 of Maps, pages 18 and 19, Santa Clara County Records; thence North 490 03' OS" East, on the Southeasterly line of said Tract No. 5915, a distance of 176.14 feet; thence North 520 4S' 4S" East, continuing on said Southeasterly line, a distance of 139.19 feet to the most Southerly corner of that parcel of land described in Book 1410 of Official Records, page 635, Santa Clara County Records; thence on the Easterly line of said Parcel the following 7 courses: 1. North 370 07' 43" East a distance of 107.38 feet; 2. North 25. 37' 43" East a distance of 54.12 feet; 3. North 360 37' 43" East a distance of 199.32 feet; 4. North 240 37' 43" East a distance of 80.26 feet; S. North 040 45' 43" East a distance of 231.66 feet; 6. North 020 59' 17" West a distance of 122.10 feet; 7. North 440 22' 17" West a distance of 136.68 (Cont-inued) I Jt Page 19 of 51 t c.:m t:~nuea) feet to the most Southerly corner of that parcel of land described in Book G295 of Official Records, page 549, Records of Santa Clara County;. thence on the Easterly line of said Parcel the following 3 courses: 1. North 640 50' 30" East a distance of 77.87 feet; 2. North 070 28' 30" East a distance of 119.78 feet; 3. North 000 11' 00" West a distance of 32.97 feet to the aforementioned Southerly right-of-way line of Stevens Creek Boulevard; thence North 890 49' 00" East, on said Southerly right~of-way line, a distance of 261.54 feet; thence North 860 53' 46" East, continuing on said Southerly right-of-way line, a distance of 40.56 feet to the Point of Beginning of this Description. Excepting therefrom: Parcel "A" as shown on that Record of Survey recorded in Book 146 of Maps, page 56, Records of Santa Clara County, and more particularly described as follows: Beginning at a ,point which bears North 830 09' 00" East a distance of 28.12 feet and North 060 51' 00" West a distance of 37.16 feet from the Northwest corner of Lot 49 of Tract No. 211, "Stevens Creek Subdivison Map No.4" as recorded in Volume 7 of Maps, page 31, Records of Santa Clara County; thence North 100 04' 00" West a distance of 97.98 feet; thence North 610 48' 00" East a distance of 77.12 feet; thence South 700 14' 00" East a distance of 71.22 feet; thence South 030 13' 00" East a distance of 94.18 feet; thence South 830 09' 00" West a distance of 124.03 feet to the Point of Beginning of this description. Excepting therefrom any and all improvements situate on the land hereinafterdescribed which are and shall remain real property. Excepting therefrom that portion of said land described as follows: Beginning at a point on the Southerly right-of-way line of Stevens Creek Boulevard as established by Record of Survey recorded in Book 469 of Maps, page 57, Records of Santa Clara County and as shown on Plan Line Map recorded in Book 7 of Plan Line Maps, pages 113 to 121, Santa Clara County Records which bears South 890 49' 00" West a distance of 260.77 feet and North 120 30' 23" East a distance of 5.19 feet from the intersection of Byrne Avenue and Old Stevens Creek Boulevard as shown on the Map of Tract No. 150, "Stevens Creek Subdivision Map No.2", ,recorded in Book 5 of Maps, page 5, Santa Clara County Records; thence South 120 30' 23" West, on the Westerly line of "Tract No. 6574" recorded in Book 443 of Maps, pages 34 and 35, Santa Clara County Records, and the Northerly extension thereof, a distance of 180.52 feet; thence South 890 55' 40" West, departing said Westerly line, a distance of 79.28 feet; thence North 000 10' 29" West a distance of 24.81 feet; thence South 890 04' 11" West a distance o~ 199.10 feet to the Southeast corner of that parcel of land described in the Deed recorded in Book G295 of Official Records, page 549, Santa Clara County Records; thence North 070 28' 30" East, on the easterly line of said Parcel, a distance of 119.78 feet; thence North 000 11' 00" West, continuing on said (Oontinued) IS Page 20 of 51 (continued) Easterly line, a distance of 32.97 feet to a point on the aforementioned Southerly right-of-way line of Stevens Creek Boulevard; thence North 890 49' 00" East, on said Southerly right-of-way line, a distance of 261.54 feet; thence North 860 53' 46" East, continuing on said Southerly right-of-way line, a distance of 40.56 feet to the Point of beginning. \ , Page 2 I of 5 I )6 . '-..r. ':J.:'~';.,;,,:, -. ,. ,.:,'. . .::: :.:' ::";;.}::;t ..~;>.::~. < '" < ~\,'.!.:,',.- ,; .~.":,, ~:'. :::.:~.,~.,.:-'j ... 'iQ~1i,:~~~;:{, ,:,~~,i~~ -';., ',: .'1. .... .,' ::. I" ." ;': f~..".i':;';bi.O'~ ~o."id4(~'~, .~. .: L .~ :~:'.~:'. "'I'~3~~';;;J:'1~;~ llFul! Yel~e ': '.1 jEquil.y,<,. I~'!~~;~;~'^:;~~~F.' ::~~d.. ~uniCi~:~r:~~o~ife.' ~\'>.1h& r"ol'ptoP'?r~'s.ituotcin'h~ . CHyof .cupertitlo it:;':::'. . CC4Jnty'of an ta Clara . _.._~ '. S'~,'e of California. described os folio.....s:,' f;., };\ . ~;..~!::. 4':" - .:......;... ..,>.: . .~ .;::~ ".. :t~.;:-.:... ...'~ . :;~:~I ....~ Legal Description per Exhibit '.'A~' attached hereto and , " . made a pal-thereof;. ~ . . , . jl '~. . '. .~~~~~ j~>'i"<"":J ;!is'~ ..... __ anc. E. dtgrrf'i . ;-.=.:......~ ....... t' P, / ,~ . ST~.IE ci CMlrDRHi... lCour<TY' ~I" 'San ta dara .J _:,__._~_~.l ..' ~~,:"., .:-~~).:.~~.:...:~..:,.~~__'l-to ,,~t~ .:- h1;,;{;~..:r;i;'~ti~j~~~O .. SJ;:;;J~', '. S).J!I^ CVi!.., ;;u",: I n. C,l.l:F, 'x,;;,>".;0.. My C,;m:".,",," t;q"i.. 1',"'.,0, 117 j ~~~I~M~-:;~~::~.;.-::~:~'i""'~:;:<~~.'~or; ...... .::~t~:J:2::i!:7"~;~L;::41~a..'~~J:,~,:;;I~:~t;~i: · ..:" ',_ .::r~~'~:m~f,~'^~~~;:~:~ ~:f~<"~i ..;1.: ,-~~~_>"'- "::. ' ~";~r&J;;i1~~b~;(#:MJ1'\j,k;iJ!":~~ ~~ge 22 ~;51 :~t;~'~.53:,;5;~~~ .:.. " ' J 7 ,\; . '.' ~;~!~;{~;S~:iJ;,fEWiF~'~lt~;\~ ....;... ~. ,:.;. ....:.; " ....1. "';.\ . ..',. .,'~ . ." . ~ " . iri';. thi~'/g~h'ed,~k covered ..hy this policy' is:. ~)f,> L :;1' The inter~ . ~n ..he :l~nd docribed.orrderrcd 10 ~l.ille or .:.! ..,.. . . ....afee.:. ~~~;. 2 ":;:. .. ~~>\::., ,Tille 10 th" 6;t"lc=- Ot.' inlere:1 covered by Ihi~p<>Ii~y at ihe dale hereof is vetiled in:. CITY OF '~upER:i;I.NO. . arilu.i-1ici.paJ. corporation ":'1.,.. ~~~L,j::. ..' !:~~. ~: .. ,.. '. . . ~{. ". Tk land referred '16 in thili'l';olicy is situaled In Ihe. Slale orCalifo~nia, County of Santa nnd' is. desnibed as: folio"'Ji:' Cla.:ra, City. of. C\lpertino .t;.... f:::. ." i,:.:.':;" t'~<"'.: .. },:.:: ......;. .:,. " tl~L~;\.'.' .:' p.. .' (Cant t.~ onn~xt page) ," "" "'. ~ 1.. ..,. " Page 23 of 51 ...:. . .: '/ . ...:..";./\ ',. . , " '..' .;..~: ~.<;;:'. .~.:. ::::~~); '.f .:.....::. '.... \,"' .:.. r..... 'I'J'.; ,.":~ '.'}" .' :. ': . .': ~ .:.' .... . . , '.:i. .... ~,~';?:>'l. ~17/., 11):' POD);'~ p,~,:'.;: 0 f,{Ma }>S',: pa g~ '~,9..J' and" mC) re ',pa r.t. ieul aI' 1 y' deser ~b cd. as.' ... ,,~; . "; ~,: ~y{:f ('Po~s, ;;);,~:\!,,,:" . ":. :. .'.;, ;','. ..' '., " .' ... '.',; .., .' '.' ,........, '.' .", "'. .,'.' .':.. ....' ," " ,....,........,..,' {i';'~;':!" .': " BEGINNING ':~1= 4 one ,l.nchl.ron~:pl.pe ,a t::th~" J.nterscct~on' thereof the' .. 'I~~(~):>' c.e~t~~.lJ~~< ?f~ft~.l~1.~an.,;~6~'d::~ng :'th~I:>~'e'~terJ.y.~bo'u'ndal'Y. ;ti.'nE{:6f:.:: th:e:Co1.ciriy: '~,;::,,,':,;.Traet. " t.he, Map: of WhlCh 'J.li onfll~. ILn':,the o!ff.1.ce of the Recorc!er' of ,,"the' . . g~\;\;, ~a.idCbuniy,:'in,'::~Obk'T'pn ..' ofMaps~' ~. pbt~,.e')i; 't:loencealong sa:id'c~ntcriiri~..6f .... :.".\.;:McQlel,lan.. Road.:!?:. {140, 31' 12,11 ',H. '103 '..B 0 fee:t.' to a 3/411.1 ~ p'~'j'tliencc 's~'~ 60 .' ~(,>\5 7 ,I .'Ii 711 \-l~' 19 S ~~o feet:. to c'1 3/li~iron pipe; ~hence S. . 610 . 49' . 47'~' ~y. :',296'.10. . ;;>:.:f;e~t ;to' a Jl4"' tLP~ SantCi Clara ,County Station 17+76.94; 'thenc'e S. 800 i2ii . ;,;;:::'.,S.4""W~145.S4:f~et,to :a~/4t1 I.r:.;thenceN.,54~ 03'06"\-1.. '113.46 feet " . >.H....'.to.the int:'erscCt ion of the' centerli.neof McClellan Road, wi ththc . '.S~uthwest'~rlY l'~ne C;f that cer:tain15~2 5 acre tract of'larid described in ." . the. Deed frorriC~ifford J .Sir.uns~' et ux, to Hirosuke Inouye; et ux, 'I:ecorced _ ~~July 22, 19~5 iriHSook.3232 of. OfficialReriord~, pagc86~ S~ntaClara COG~ty .,'.,Recordsj thence leavinp; .said centerline. 'and running along t.hc Southwesterly line 6f ~aidlS~25 acre iI'act-N~25007' W:41.33 feet to the Northe~steily '.iineof !'-lcC-lellan Road; thence illonp,said Northeasterly line S. 5lfo'03' 06" -E. '-!4.8S 'feet: to the 'Southeas'terlyte:rmirius of thea.grec'c:lboundary line, ". as descI'ibed:ln:' theagreernent exectited by and between Clifford J. Si~.ms,. etu~ ~ndHHiros~kcfn6uye~ recordedOctobe~ 7; 1957 in Book 3907 of O!f~~i~l Records, page 3 ~ l r.ecords of said County:. silid agreed b'oundary..line.also :.shqwnor1 the Map of Record of Survey on file in Book 57 of I-Iaps, page 36; . th,~nce h:avin'g' '.t;heNortheaster1y line of' HcClcl1an Road along sa id agreed line being the ~eni.erlineof Stevens Creek, as the same existed at the'. date 'of~Breementthefollm1ing courses and dis'tances; N. 120 03' '33" \01.75.91 feet; thence N.....S4o 02' 35" W.82.l3 feetjthence N. 190 24' 36" t'l. 330.00 ,feet; thence.n~ 6023'2411 E. 124.55 feet; thence N. 53005' 59'1 E. 219.56 feet; thenccN.30o.171 17"t. 159.80 feet; thence N. 51034' 47" E. 154..46 feet; thence N. 880 09' 50" E. 177.37 feetj thence S. 610 46' 55" E.l53.27 feet; thence 5.450 211' Db" E. 114.77 feet; thence S. 11)0 02' E.lOO.58 feet;,thence.S.6Bo 40100" E. 121.93 feet to'theinterseetion tnereofwith the Westerly line qf the Colony Tract hereln above referr~d LO; thence leavin~ said centerline of Stevens Creek and agreed boundary line ilnd runhing along the Westerly line of said Colony Tract and the . . Eas.terly l~ne of l'lonta Vista.. Park S ~ 470 15' 00': yJ. 47.64 feet to the Sou'therl> 'corner pf. Lot 99 said Monta Vista Park marked by a fence post; thence . leavingsaidBpnta Vi~ta Park and c6ntinuing along the Westerly li~e of . saidCol.ony Tract S. 80 061 48" E. 438.93 feet to ,the Point of Beginning ~ ~.and contairiirig ~ppr6ximately 15.37 acre~ as surveyed by Jennings-McDermott & Beis~~ Inc~, in October, 1965. . '. . ,.' .:. ~ : ~ .;. :')il:,I<:l;;:~;r:;;~.;{:; {::':( ::{;!:;:k '1..'i :::',';,' Page 24 of 51 ~:.:f ~.~:;~:.~''-:~: :'~.~ :::if.\~~~:.::~:<,:%7~i: {i:(';: ~ '. ~:., .1. .~ ...._.....,. " ,.. '-",,' .-.... 'i".."". ,'w", . ":"...';.,' .~...'...;-";..,'.:.:...:;.~...-.~-.~,;...,,. .,,":.:'. ';"';:':.1 >/~ .; " ~j. ;~~ ;\'+ "' . '\ :<l~ ,'.'. . '1; .... O~:~~:~~i~io,'~~ "i;\:, l,ii~i:1\!~(Ir ~,iil ,A(i~.aUI~.oriHrJ~:::.~~"i~;ij~il~:~::i'fr~r ;:~;::.- ".' '.. ',;. '". \1. . PA.HT 'II ;. ~. . , " .:!!.' '..t , ' i~:' bZ~d7~~~~;'~ii~.S.~'ci~a~t~i:s~,e~:n .... '.;." .';,' . ....' '~I2y~,',"-,'.ng', ~it':",'h.., ',.f-,':o.p.."','t',','h8.n,'" ~tbofunord' .~. 'OW.. fa.,;t:~rcour5C ' ov~r. 't~t p?r,ti.6nClf.:t{1a,~ p~:.uil3.B, ......... ~ ... St~ven~ CreeJ(; :,.~d to'~hy change' inth.e,; b<?WldiU'l 1i~eb~r~n,tw:'41 "causes and iiapercept:iple' d,e.grees . ' , . , " , "'. '..... ;1..', .... . ',." ,.,..,; .... ~.., . '.,'.,- /, '..'" ';,'~D ,:.~.~~;:J~:i::,~;~;;i~J~,:~i\i:;;~;.\~;;i);:t~';:!'j:~~J;~~~~l~:.(~;;J~~S.~.:~~~~.;:~L~i!~J;t;~~;ii~;~.;:h.;~i::"~)>~)~;;}>j.;i~~,~{2<~;~:t'::~(; .,:. . :... ~'.: . ',;,~ Page 25 of 51 , . .-.0.-. "Ii: .. ...;. ... .~ .....'-. ,:..~,.....J '~.:.~. ......l.....~i~. . .' " .... "- '.. ..' -.. ',' -..,...".\., .~., ..".. .,~j~;:$~:;::::{~ ';~~S~;,i:;!~ii:~:;1~i~{ '. .. ';'~' .., :;,.; "(.;::s;~~~ '\ , < \. ~.\> \' )';!., 1..11. c- t,,~.:. "... ,. . .' . , ' , ' . . .-' . .' f,~r:y~~ ~~~~(*~\~~'\\'I'i' i\, ~ 1."1.\ !' n.' \'; ~ ('", ,. '. ' .' "1. " f f{ iiH ~\ \~H~\hl.\\l ~h;,. ro (~'" \q:' nl.f,~,~,\"q '.l' . '. ,r~J~..;.~i~.: :.:';iI. .~~, ~ . ; :']. ".,', ~~1.;~. . ", . .. .;"'-i~~~~-~:",:~",,;'~:'~.".r."'::' e... r~, t It. \1 ~.;...~~.r...:....:.,:.....;..:,.....:;,;,,,,"..."-:;....:.; .l, {~ 1A\\\ '\9\\'I.\i.' ,1"'. . t '.... ' ~_:,;~",: . or'; :; ~ .:,.,' " Page 26 of 51 '",~(. " t :,. . '~ ~ . '\'i1;:~. , . . . . "\." '.' 100 LZ ;)llBd ~. ~. : ~. ,~-: '"1.' '~:'Z"',~:~'~~"';'>:J" .'1"..' .:'. ~:': " ': ;:', ,"", . ....<...'...1.. .:. /7 ". ". .~ .;...~. :";":,C""';;.~'?'" " , "; . ", i,',- ".: . .. ~ '_." . ,- ...:;-<i.:' ' ': ,~~:,,-~.:.,<':.,':'{~ '~:'~~;'~~:';'~;~;~~1~:'t"'i " ,', ,',' " ,", ": :i:: ;,~ '. , ""'" , <-)1," ", " """ (i), __ '. " " "_"" .. :'. . ", {~1I.ti'i*~~.:;~~-;;:..;".. .i ....,.'.:',.' '"". '.',' .. > .': . "". ..;~ I' "i .~:"":' '< : '. . . , ''', .""';,;; .'.... "'"),11i''' . ,., , , . "., . I'. "r., ..., ',..~....:. ~~-' ' . , . ", """"J;'i · iII'ii!"'" ..... .... . \'\ '.. .. .'" '. ' . . ;f '",' )~~ !,7~~j[ltli\~. : ".' .... ~:7!.~1~!~'::'ii\~;K,,~~r';!;';''; r ' . '.' : - 'I' . " ....'''-'ll~._\!M .~V'..., .;\'.'--.."..'....:.. '+-"~'"'.h'j\., " , ", ' ....,~..".. "'.. '.. '\'.'. --" " '.., .\I".''''Y.-t: :I!. '..: "'r' ,', . l: _.:",~~;; '%.. '.', ..~\ ij. ''-'"-1''''' If,, '! ". i . -;' "-',r .,. >, ~ '~. .-:;,. ilf,.,.., . . '. ",~ , . . I.' ,"""",,<,,,rTf, 1;\ "l", ,..~. ~*,.:. Ii: . ":';!*":, \1;' ';'1 '.,.,.. ~. " .:.~,. ,,,,,,:,,, . i. ,;, ::,:"!'.':. . . ....... . . ~.('''. " '~' ,. '.... ~ \ " """ ". ""', . .... 'j' ", . c:. '; ,,, " '''''". .... '. .,' .' .., . . '" .....I~ ',' t '; '.: -~i'iH., '.,' 1\, \~" "" .', " ClA''''''''.N'''' "...., .. ,. :.... '" ,. " ''''''~''''''''. ''':'' 'ii:' \' '. .....; "". ,'I:""", I"", \-"'~ ,.~ i'~' :If f .1,\ " ".- "". """'-."Lu.~t;,...".__.,,, .,' , ,. ..."", '<'''-,.., "~v' ,,' i "'. . t.... "" . . , ". ..; ,,' ,,~. 'n.".~"".,. , . . "~:: l~ ." '. \ ~~~:':.,~;~\ "\'.' .,,~..: .~'~. .t~;:-\ ii/" 'l~~~::-~:,e;\<., .. ~~.tf,..; . ". ..."......lm..lf.'.. ". .. ,.. ,.. "";';';" ':". .. ". . "~" ,,' . ". .' \1!'~~ ~ ~""'''' .' ",..' .,. '.' ,.~ ., ""'" K\~' . . 3."--'" t' . . . It) , ":. ~:"" ,,:ft.~"- . . .., ,,'. \/ ~ ~ ,,\ i......"~.,,i,.;~Jli..~., ~., ". . '. . 'j '.' :Ii.~., ;', . l)';,.:;'t',\ ., ,~L. \\(.~: .~~::. ~'~fl' :" ~^i'," :~' '. ' "da, ." '_' . ''''",. ,1->'- . \ .:, "'!<::.::-. '.. . " ~~ '1 ~,,1 "", ", '''''. . .. '. . .' .. . ,. . ... ' .!. ,- ~l"... . ". · ,,"'.. ... '-""S..,,: .. '. :'. V.:. ,~;~j1 "'It;<: .",' . '.. I ' ',-' \ .' !I\.,.... 'p~ . , "- , .~.. 'It . ~ ~'''''' "'\'I'" 1 " "~l"l\l'\s '\ "~"1~% ~"", ';'"J!>, ." . \ . .. \ "";j : ~~Wl'.\\' ":.:; ': ". ", ' ,. . . . '. . . , \ . \.,.... "".;, \" .. .......~." , rr \ ..i~~.. \ . ;~~rf. ,,)1/ ~;;.~,..'.., ': :'. ::., ;....".. ". '\', ~. . )..'. . ,.' ~.::' :'\. \ ( "q,) "'l:~ ;." \\"'~"~"'" \ 'j4:,f~': . .. \'~r-.1f ~''!.. . , ,J\. ..' '\" ,.:t.~, ,.L.;"~...,.,;..,.,,,,". ;..;~::: "".'. '.., '. """. . "'~J ' ,'" :''iI,,'' , \ \ (.., , ,.... it::" ..~.,.,;.... -'~. . '\' t , ~'~'. \'I\~(':':''''~~'':'~'''.. ''f\",~ /: ..~\ '-. \ "'..~'I,~..... , ../t ' .,",..- ";"'" .;.- .,~. - , l" -. -. . ' '." . '.. '(j\"'\ . . , . . "'" ",..;'~j,..,;,;.::'::.' :_".,..: It'.,'... ",,;,"-. . .... , . ..... ':\~f~}*.1 '. "'"\';:~hi',, ,,~'.:l~ n p,j , ',., " '~:,'.I' '\:- ". . "'...: !' ;/i.;' : I.. ~ . ':""':.. ..... ':...f":..' ..': ~...:. "~fi'. :....... ','! ".' ~"..\i <.':,'.:',',.,'.{.i:.. ' ;;...... \" ">r",,;,~ '. :. ;',';; .~. : .; .,l:;~. .~. ) ..,.... .:." , .' . ,'r?t\ ,. .' .~~,. .;,., ~-X~) '-:.~'." '..10 ~.(' ,,' ~>j ,!~~r~ .;:,.., :". ~~! . ~.,. .'. ;~~~:;: "'''' ':. .. 'S5: .....r '. ::.:V' ";'.~h~\\\:hJ'~ ")~~':'~:F ~~~'~:~~rt\l:;.', I.;~,~\o...~\u:. "ji~$'~~~~~t;i ' : ,.,,',,' .:~.t:.';~;.~.:,)..:.,~;:~,., ..:;:.....,.: , " ;1~: . ,'i"r:,'~, " .~~*Af~~:~;; I ::":1, '.:;:i':.: {re.:, ~\~\.;. f~~.; .!.~ '~': .-....., ~i '.j. ~ :;', {) '?.."~i. '.j"'; 'I .'''( ';.... ":;...::.: ,.: , '~'. ." ~,~ I ~. ' .-, .'.' :,.; 'i, ~.... :,..... '~.' :\iDi: '. ~ ',:' ''.=. . , . " , , :', p.. . ''--'' , " ;"''l , '.. , ....~ Page 28 of 51 "";;~~~j(<}~?~~:'t'i~::'?,'~;,,,;~',::;)r~j;~:fm~[~0'\~~~'~"'::~~~~j~~~]t1~I:~:\~iN*~)~~ t ',1'"""1"'"'';''' ,.'... RBSOLU'I'ION,..NO.."",.,".., ..,. ,. :',",,"",-,,".'/',",-' " "'.''''.', .,~.~ . i";",\ i.\'l:~:>~~!\\{>.:':~ ~:,.:,;:~.:.:<\~,.\:;:::.:(:.t..-, \:,;:"~';:,:~~.\:";.;~\;,.;,:-,;< ;..",,' '.. I .....'., . ... ' " '-. \: '.,:'::./, .~~\:;~:' ~L', ::;'~':'..;{\/~,:';:S\;.,,"~t\<:.:,....:~;{! ;l;::::-.f ~~ ;::' '.<. R.E,?IO!,;,~~J;9~: ?\'pTHqIE1.~HG, .J'.M~\ !?Xr.~?,:U~tON . P.Np :H,Eq,?~A'li:r'Ql!.:,'OF,~.; ~",,'-~,-:' ,;., ',. ::. '. ': '->./::\1~ ; :,:. ;";;';'-2>'H:'fE01IiAMT:rON ',ot":'m~t'l'RI~'r10n.. P.r::t.il\l'IHG TO' REAL ~;PRbpERTY~'.;:':~." .~.; ,.':. '; \\ ..... . .,;.;-, ~"';'~i':''t :~,>>;,\~\: :\'~ ,:'\t \:':J.:::.,',:--,:',:: ">,'<":~;:\ "/:.\: ::. ';:.~ .:::,:.~:\t'..;~, ~:":'.\~ >,'~'<,' :. ~' , . ,.."..., "'~'~' ~ ,;: .\:':' . ;:: :'P:'::'. .><,-::.';:'; :',~~~>.~:i '.:~,~ .' :::",::,::,~ ~,>;~ ~,\\:.:;,,:. .\\'. ,.)jl;,.":::l.. ',}~:' ,,:,~i.Hp,RI::I-~\S ;\::~.}~,q". 9-!-:tr~ ,?~.::Su J?:'!r t,~no. .lj,:\~, i~p~l.~~~ ;~',fp;,,-:' :'::~~ ,,' . . :,;',..... ,"':.:~ ". ':: ~"':"':,' ,:',a r:f:ede!r,al' .grrm !,:.::t:o ,'assist.. ~ t., ~n: the purchase' 0 f. tHe:"'re'a 1;: <'<.,' ': ",' "',:.:, :,.; :<<:';:':~ .'-: ;'plqr~~t'}' "tle:'scH.b,~d:",l,ry')i:~hibi t" ",A~ .,', which, is ',a t"tiichEid' he-r'e-' .... . ", :~": '. ~...'~: " , .~. .... '. Y,:'':'' <be '.!~'o'ld,"leased'or.6th'etwi ge .'tr ans,fer r edw i thou t'the,~I'r' lor, :t\.....:. ;:>.w.':rj);t't'en",appro\~al"o'f;fh~~s,eci~t?ry'6[, Housifig'..~-nd'Ur?'~m:..,. '.. " ''','ii;,., ":De\i;elop.-nen't,:of '. the'un:i b~cL sEa tesbfATllerica',' his de'signee' ";'or:\ahY 'success6r':.ther~\o> . . .... " ". . . :. J." o. .... '~.;. '.....; '(' ", ;, . . NOI'l,'. THEREFORE I: .BE Ir. RESOLVED, that'-the 't1avor':. and':. t:he. 'city, Clerk,be',and:theY"hereby .'are, 'au,thorize.d' and!dib~c't~d toexecu te .. .andrecord a Declaration of: .' . R~itricti6nRelating;~~R~~1 Pto~erey ~nd ~his R~s61u~ , tion.inaccord, anee \-1i th the;for.egoing. . . . ~;,:$'~" r~:;\:;;."'. >." : . \r:~:~~<~~~' .~. .:'. . .", ~.,.. If1~;.';:' : . .' ~;;j. ".: ~...:. ".' . .~~:t';r:\' . :;r~. "~ ":. . E~/:.~' ;~ ;~:) .' PASSED' AND .ADOPTED .a.t ,a regular meeting.of. . ..th~.cit:y . CQunc1.1o:E.the:C:i,. ty o,f ,Cuper ti:10' ch the 24tn . da:/, Of October, 1972 ;.by. the':,fo.llo'viing vote:' . ~. '. ' '. \..' . -,' - . . . AYES:' . councilmen - Irviri.:'Jackson. .Heyers. Sparks, Frolich :NOES: councilmen' None ABSENT: . Councilmen . None .' i Jl-PPEOVED == '~;~.~~:,~',~.; .~ :; , :~~... '--:'. . ti:i.:~:~:,.: '; .:!~,' .... '., :11; ..~. : 'ii ~.:::; ~~:.\~:>,.\ ,- ",,'. ": ';,"; ... iL":", " /s/ Donald A. Yrolich . Mayor ,.City .ofCupertinO 'ATTEST: ~):.;:;.:: ' :...:;"',' 1~.": ~, '.t ; .' . :. '. ,.:; '. ~.~ . "'"0 . ,.'. . .: ..".:.'.: :i.... ~..~.. ", ~ ." .... .~. ." '. i.'" _ . T.I-W:;j' Il;; TO CEriT:if:.f;_:n'f,~'i/J:qE:'WIT...u;.r" lr-J.~rRu""L""TJ. ....TJIIUI:;APoIO_c..~REj::T-C.OPy: . 'CI" 'rHr;C-lIIIlal~,c~.,.I~~'T!-US; off!aE.',' . . . '. .' :. ~'. ':;"=~ :.:'(.~~"'/ ~),;,::"t ';.':~'" ..... ':..' . ,.,,- ~ ' Jv -{." ""71.. ,.'. ......;>:::z.. . . .~;;~:~J!!t~:<7:' ~~~~~'~~ ; ,,' ,', , ..... . .... "01 'ClcERI<: " ":', .... )y'" ",' ,',. ' , 'i;';;~;,~;;;~l~\;;;ii',iit;'i},,,,:ji,(;'iij Page 29 of 51 :~l'~'''..'.'. .~. . f:.\':" ... .' ,.:.... .... i~~_::;~:'. . l;:~::t.:~, ':: '~.I' .::.; .:. '/s/,'. wi.. ,E. Ryder " .; '\C:it::i :C~erk - "\ File: 1029-99 JOINT USE AGREE:M:ENT SANT A CLARA V ALLEY WATER DISTRl CT, a public corporation, hereinafter referred to as "District;" and the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as "City;" AGREE this 16th day of November , 1999 as follows: RECITALS: A. District is the owner of certain real property (hereiJ12fter "the prerr.cises"), described on "Exhibit A"'hereto, so marked and by this reference made a part hereof. B. City and District recognize that the premises are regulated by a variety of federal, state, and local agencies. C. City and District, in cooperation with the California Department of Water Resources, the U.S. Army Corps of Engineers, and the California Department of Fish and Game, agree to use the premises for nonvehicular (except for mainterumce, emergency, and enforcement vehicles) and recreational purposes as well as for flood control and water conservation purposes. ." D. The parties fmd it to be in the public interest to provide for joint use of the premises by means of an Agreement thereof under the following terms and conditionS: AGREE:MENT: 1. District shall and does hereby grant permission to City to use the premises for recreational purposes. 2. City shall be responsible for compliance with City's graffiti abatement program within the premises, consistent with its implementation of the same program at comparable City facilities. 3. The public pathway and corridor, the subject of this Agreement, may be patrolled by City persormel and ranger services under contract with City and/ or volunteers supervised by City. 4. City shall be responsible for the removal and replacement of recreational improvements installed by the City in the event District is required to improve Stevens Creek in any manner for flood protection purposes. District shall involve City in preconstruction planning, as described in Section 6, in the event a District flood control project is needed, to rnirllmize District's project impact on City's improvements to the premises. Page 30 of 51 ~5" S. Damage occurring to City's structures or paving by reason of District's reasonable and lawful maintenance or other activity or by reason of natural forces will not be the respon.sibility of the District to repair or restore. 6. City and District shall meet whenever necessary for the purpose of schedulmg routine maintenance including but not limited to: Maintenance issues related to improvements; Method and ti.rning of issues related to affected wildlife; Nonemergency work requiring the use of heavy equipment, barricading, and/or restricting access to the premises. District and City further agree to notify one another's designated representative as required prior to corrunencement of such work, in order to rninirnize public impacts. In an emergency situation, District shall have rights provided in Paragraph 13 without consulting City. 7. City will encourage volunteer groups to participate in District's "'Adopt-A-Creek'" program. 8. Native plants selected by a licensed landscape architect with native habitat experience should be used for re,:,egetation purposes. 9. Construction work during spring nesting season will be avoided whenever possible. The parties acknowledge that the spring nesting season occurs between February 1 and July 1. If construction must be done during the nesting season, a suryey by a qualified biologist will be undertaken to determine the presence of nesting. If no nesting activity is reported, then the yrork may proceed. If nesting activity is reported, the biologist is expected to recorrunend the implementation of adequate mitigation measures. Environmental impact shall be conSidered prior to all work. 10. The parties shall cooperate to create and install signage which benefits t.'1e progrili"'DS of each party such as warnings, entrance signage, interpretive signs, and joint uses when applicable. The General Manager of the District and the Director of the Parks and Recreation Department of the City or their designees shall meet and confer on a periodic basis to plan and install appropriate signage which serves the needs of both parties. 11. This Agreement shall be for a period of twenty-five (25) years beginning on the date it is approved by the District Board of Directors. This Agreement may be terminated by either party upon ninety (90) days prior written notice to the other. Notice of intent to terminate may be given by Director of Public Works for City. Notice of intent to terrn.inate may be given by the General Manager of District for the District. Page 31 of 51 .:2fo 12. City shall have the full control and authority, for purposes of this Agreement, over the use of the premises, and City may restrict, or control, regulate and supervise the public use'thereof. City may, in its uncontrolled discretion (but consistent with the right of District hereinafter described, and without substantial or hazardous diminution of the flood control or conservation function of fue premises as now existing or as may hereafter be al tered), take any measures of every kind as may in the opinion of City be necessary for the safety of the users of the premises for any lease purpose. Further, City shall have the sole responsibility for the maintenance in usable and safe condition of every facility provided upon the premises for purposes of this Agreement. 13. District shall have the sole responsibility to maintain Stevens Creek for flood control and water conservation purposes, to repair and reconstruct the same where necessary for'such purposes and to perform such periodic maintenance as may be appropriate to such purposes, including removal of silt, debris, and obstructive growth. It is expressly understood that District is engaged in flood control and the conseTYation of water and that the terms and conditions of this Agreement shall not in any way interfere with the absolute, free and unrestricted right of District to operate and maintain for flood control and water conservation purposes the stream bed arid banks or any appurtenant works thereto, or to repair or construct any of its works, or to raise or lower the height of the water present upon the premises; and it is further understood that nothing herein contained shall be construed as conferring a right upon City to have or a duty upon District to provide water upon the premises at any time. Damage to District's facilities arising from use of the premises under this Agreement shall be the responsibility of City. 14. It is also expressly understood by City that the level of water upon the premises may fluctuate from day to day due to controlled or uncontrolled flows upon and across the same, and that such fluctuations IDay require greater control over the use of the premises by City and the public; provided, however, that City shall be responsible for informing itself thereof and of all other conditions of the premises whether open or covered which may in anywise affect the health and safety of the users of the premises hereunder. 15(a). City shall have the right to build any improvements on the premises necessary, or convenient to the enjoyment of this Agreement, provided the location of any such h"11provement is, in each case during the term of this. Agreement, fIrst approved by District and signified by issuance of a District permit. It is fully understood and agreed that District's basis of approval or disapproval of improvements is its responsibility to insure that the same shall not constitute an obstruction to flood flows and shall not interfere with the use of the premises for flood control or water conservation purposes, and does not in anywise extend to consideration of the health and safety of users of the premises, which latter consideration is the responsibility of City. (b). Improvements built by City on the premises shall remain the property of City and upon the termination of this Agreement shall be removed by City, leaving the premises in a condition as n'ear as reasonably possible to their condition prior to such improvements. If District, in the interest of health and safety and in the exercise of lawful powers, requires that such an improvement must be removed or relocated, the same shall be done at City's expense upon reasonable notice from District. Page 32 of 51 ~7 l6(a), City shall assume the defense of, inderrmify and hold haITnless, District, its officers, agents, and employees from all claims, liability, loss, damage, and injury of any kind, nature, or description directly or indirectly arising during the initial term of this Agreement, or any renewal thereof, and resulting from the public use of the premises pursuant hereto or from public use of adjacent premises of District occurring in consequenc~ of City's or the public's use of the premises or from acts, omissions, or activities. of City's officers, agents,' employees, or independent contractors employed by City, excepting claims, liability, loss, damage, or. injury which arise from the willful or negligent acts, omissions, or activities of an officer,. agent, or employee of District, This Agreement to defend, indemnify, and hold . harmless shall operate irrespective of whether negligence is the basis of the claim, liability, loss, damage, or injury and irrespective of whether the act, omission, or activity is merely a condition rather than a cause. (b). District shall assume the defense of, indemnify, and hold harmless, City, its officers, agents, and employees from all claims, liability, loss, damage, and injury of any kind, nature or description. directly or indirectly arising from District's exercise of its flood control or water conservation purposes on the premises pursuant hereto or from acts, omissions, or activities of District's officers, agents, employees, or independent contractors employed by District excepting claims, liability, loss, damage, or injury which arises from the willful or negligent acts, omissions or activities of an officer, agent, or employee of City. This agreement to defend, inderrmify, and hold harmless shall operate irrespective of whether negligence is the basis of the claim, liability, loss, damage, or injury, and irrespective of whether the act, omission, or activity is merely a condition rather than a cause. 17. Any and all notices required to be given hereunder shall be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the address hereinafter specified or as later amended by either party in writing: City District City of Cupertino 10300 Torre Avenue Cupertino, CA 95104 Santa Clara Valley Water District 5750 Almaden Expressway San Jose, California 95118 18. This Agreement, and all the terms, covenants, and conditions hereof, shall apply to and bind the successors and assigns of the respective parties hereto; provided, that City shall neither assign nor sublet this Agreement without prior written consent of District. Page 33 of 5 I 02.2 WITNESS THE EXECUTION HEREOF the day and year fIrst hereinabove set forth. SANTA CLARA VALLEY WATER DISTRICT . I a public corporation By: {; J:JJh ~ "t~" I-- Mayor, City of Cupertino ATTEST: ATTEST: ;r::Vt?v!~ ~ City Clerk ~ APPROVED AS TO FORlv1: b~ General;o'unseI Page 34 of 51 ~7 JII , - - . ~=-=== \~ '~"'........""'''''''--- --- som-- ~ '-smJ F;eet,., ,e .../ /t~~....J:~". ./ . ,.' " I ',~' : ( 1 "----- ~,/ ~/;~' - , . . -----: ,....r---" I :' .f1----: ,,' . :. I ---- ---, . ..,,. " ~\ /-' } :----r .. . I! .,! IQ .... , ..---- :~ jcq 12 ' -,--- i --;_1, ; I . ~~~ '" ~ ~ ! ; i i : 1, C CREEK o > ....J a:J --' --' I I- o o uc V1 _____ i UJ Z B a:: >- a:J 1'1(' II FI I o.,N P.D \ \ ., /" .-...... "- ~, -SITEl o c:: a:J a:J ::J a:J -r-' ~. :\~ I i:--; : : , .----:. " . ill nl ; '-----.: l J !, ' ~ l~:---j . I! i I I i I h- ~ Ie I! Ie iL . i Ie , . I L- :'i~/ .~ 1 \~"": :1:1\:----: ;i', ':---j i ! I 1--.-: I I; ~ , , , ' SUBJECT APN 357-13-036 ...... .~ ,00 . \- ',,- ''''O~'05' 1 ! , /" "'-, 'y/ ,y' I I; " \~"~~:\"""'" 'fj'/::"~~)) ':, \\ ' ,,/ '" ". '/'r-.... /--------' , '{ {/ " I \ I , \ ' " ,........--"""' ,I', ~ \ \ /""'". ./ // I : ~ . \ ''''''<:~ '~,' i W l I 1 \ i I ~ \ ) '~ l: ii' ! ! I 1 ,HYANNT.c:'P()RTOR -' ~(II'II" J I 'H; \,::1 " n ;-j "'-. ! 1 i ; ; , \ r: :---:~ I , . . \\ ~;! '. \\ ,; r-----~ ! ; . \ \ !;---:' r-:.~ ------, .~, \<\.~~:~. 7 arcel la,~~9-~ CVUIRIT f1 \, . r---o- ! ;- '.---- ' i: . . -^-, I. ... t .~>_.r--- - ,I . , - , c-t _ i Stevens Creek Joint Use Area with the City of Cupertino CD Lands of SO/WD I .-- -----.J . i ~ --:----' Page 35 of 51 City of Cupertino Stevens Creek Corridor Habitat Restoration and Park Master Plan Stevens Creek Corridor Work Products Summary Work Product Biological Surveys Report Wetland Delineation Report Archeological Literature Search and Resources Report Existing Conditions Traffic Counts at Selected Intersections Preparer TRA TRA 'IRA/Basin Major Work Period September 04 - September 05 (see attached species by species timeline) May 05 January 05 - May 05 Hexagon May 05 - June 05 ""C ~ (JQ (i) W -.J o H) Vl ....... Park Topographic Survey Stream Geomorphic Survey Stream Geomorphic Baseline Assessment and Restoration Alternatives Report Kier & Wright SCVWD April 05 :- July 06 May 05 - August 05 November 04 - September 05 Balance Preliminary Design Concept for Stevens Creek Blvd. and McClellan Road Hexagon July 05 - August 05 Habitat Restoration Report with Mapping Preliminary Design Concept for Stevens Creek Blvd. and McClellan Road Traffic Analysis and CEQA Support Park Master Plan Map Park Master Plan Report CEQA Documents TRA/Balance/ JS /HA Hexagon August 05 - October 05 July 05 - August 05 Hexagon HA/JS JS/ HA TRAIJS June 05 - October 05 March 05 - October 05 April 05 '- October 05 October 05 - January 06 Balance - Balance Hydrologies Basin - Basin Research Associates HA - Hill Associate IS: Cupertino/SCC/Deliverables Hexagon - Hexagon Transportation Consultants JS - Jana Sokale Environmental Planning TRA - Thomas Reid Associates Updated May 4. 2005 City of Cupertino Stevens Creek Corridor Habitat Restoration and Park Master Plan Preliminary Stevens Creek Corridor Construction Phase Schedule Work Product Prepare Construction Documents Stream Channel Restoration Riparian and Upland Habitat Restoration Park and Trail Improvements Apply for Permits with 95% Construction Documents DFG RWQCB USACOE NMFS - consultation SCVWD CUPERTINO Preparer Major Work Period November 05 - May 06 March 06 -July 06 ~ Pl ao (1) w 00 o ....., Vl Advertise and Award Construction Contracts Blackberry Farm Closes for 2006 Cupertino / SCVWD Cupertino July 06 - August 06 September 06 September 06 - May 07 September 06 - May 07 August 07 - October 07 New Stream Channel Construction Park and Trail Construction SCVWD Low Flow Crossing and Diversion Dam Removal Cupertino SCVWD Balance - Balance Hydrologies Basin - Basin Research Associates HA - Hill Associate JS: Cupertino/SCC/DeIiverables Hexagon - Hexagon Transportation Consultanm JS - Jana Sokale Environmental Plaruring TRA - Thomas Reid Associates Prepared September 23, 2005 Biological Survey Timeline for the Stevens Creek Corridor Master Plan Initial Study (IS), Mitigation, Monitoring and Reporting Plan and the Stevens Creek Restoration Plan SpecUzl-Stotus PIant8 & Wetlands __.___.___._________..____._..____._._.-____.,,,._.__.__._.__.__"_..__.......__...____._...~....._.._"'_.._..............'.._..._._..._....'....__...____.____.____._..__..__._..______...,.__ Dudley's Lousewort ~ . Western Leatherwood --- .--'----~-.-----,---~-----_..~~---.._~~.-_.~---.-..~~.-....--------.-,....,.-----.--......__..._,~~_......__.._,.______.._..._H_~~,., _~'___...___~___~__.___,..._._.____.__.___...___.__.___,__...___~__~ ~ . Wetland Delineation ----.----.---------.--~--_.....-.-._-.---..---------,-.----------~------,---.-~-~.-,.--------.>.__..-....".-..-..---.-.-_______'_..~...H_......._.__~_.,..____.._"'____..____ ~ ------.--.---.-."---.--.----------..---.-.-.-.-.---....---~--~.._---~~-~,.----~_..-.-..-_.--._......-.----._..,__.__~~_._.._r_._.._...._._..."-.....__...........y..._....____,_____....____........~~_.."~..___._____....~...____ Special-Status Reptiles & ._-1!!!Ph;b~___.._._..___..._._.._.__._..,__._____...__.._.....__..__.__....._._..__..........____....__...__.._.____...._____,.._..".___.._..._...__........____.___..__.._........__.....,__....____.__....._,,_....._,___..____00_ Focused Surveys for California Red- legged Frog. . ~ ... "'0 ll' OQ (D W '-0 o ....., Vl ...... Western Pond Turtle & Foothill Yellow-legged Frog Concurrent w/CRLF --_._-_._._-........--_......---~._-_..__.~-----_._-----------....-......_-----_._..~_.._-~. ~-,.._-_.._-~_..-.~._-_.~~.~.--~---"~---~--~_..._- ..._---~-..---_.----_._---~._---~-~.~---....."""-~---~-.-'---~" . ... -_._.__.__._----_.__._._---~_._..._-_.__._-~._---------._-_.__..._--~--._-_."---_..__._._._~_._~-_..~....._.._----~--_._-~_..--_._---_._.._-----,-..__..__..__._----_...-_._~--_.-.-.._.__._----_._,_.__... Western Pond Turtle Nesting ~ . Surveys ----.---..-~------.--------.--~~-_..~--.-._---~--.---------.~~-_.-.--.~._--.___...:.___________.~,--_._..~._.____..__.H.~_____.~_._~__~_.___.._"'___"__._._._._~~._.~____._."___...__..___~_.. CA Tiger Salamander ~ . Habitat Assessment -"--_._--------....---.~._...-~_._._..-----~--,_.._.--~--_.._.--~---.'"---""~"----""-"-.--"'---"-..---~-.,.-...~-....- ~- --- "'--.-.'. -------. _...-..- ~-~~--_..,._,~-_..- -_.~-- ...._~.~..-----------~.-._-~...._.._...._~._._---".~_._. -~----~ Special-Status Raptors ..-..---------------....-.--..--__.___._._______..,_.._~..___....~,~~.~.ft_~...._,.~_.,..._,.._,_~_~_.__..__.,~_..,_~_._,._~..____._~_,._...~....___.~..~.,..,~._._,. _.'.~. . ._..____---._.____.,._,.._...".___..._.~_~_.__.__..~._,_..__.___..__'__.'.__._ Long-eared Owl Nesting Surveys ~. .,---------.----.--.....-.-.----------,.....--_~__.__._~__....~___.____..__.M~_ __'...___._...___~ ."__._..__..._~_.._.._____._,_~____....._..._......._~__..._..._.__.__. ~_,~.___,__._..~__~.,.__.._._,__.___..._..__..._"'.__..._.____......~_.__...__.._._._.._ ..._._.........,._..._.... Diurnal Raptor Nesting ~ ~ Surveys ----~---'---------'-..---~.---,-..~.--.~.....---~.-... ...-........-..-.-....-.. ....,--_..._-.-~-,_..._.__.... -....--...-.....-...-...-.--....-..-- .. _._._~-_._"-..._-,.._~-. ~ ......-.-......-...---. -....------...~. - ....-_. ,. "..... .._...-.._..,._..-.........._.~ ....--..~....._..__.._._.._.~..._. ~._._.,,_~......_._._ ..h._~_....__._....__.__.._...~ "__'__.. Special-Stotus Bat Surveys Tw;~q"'i.~ach--.._..~-._.~--.-..---.-..._.-..--..-_.....................-..-.... ..-~--_..-""-"..-.......__.........-......-.....-.~......---"....-.....-.---,-......-....-............--.. ...--......---.--.--.....-.--..~....-..................M...........oo...."'-""-" in the SUmmer and FaIl_____......__.__,__.____.....___........___..........__.....,..__...__....__.._..._...............___.....___.__.~_._,._...__,...._._.,............. .,._o~,..___~.',..__.~.,..,;....,.,.._~~..,__.~.____....~~.,...~"_~,...,,...~-..,-........~.-....-_'^___........,~.....c~.."..<._._.. ..,___~. APPENDIX C Stevens Creek Corridor Trail ITEM APPROX UNIT UNIT PRICE ITEM TOTAL --~__ .__________ ____...__....._______ ."-"",--",,'--'-_-0'" ..._ QUANTITY ~EN~RAL CONI:)IT_IONS/M_OBILlZA ,!"~ON ALLOW $60.667 ii~~~~::P:::=IN~E~~n':d""W'Y .m"",.,' -.-- --- -~~t~~ J=-'i~:g~~ TREE PROTECrION-------------------------------- - -ALLOW l $15,000 TREE REMOVAL (pittosporum;:olive,~-fir,-~rj~geL--==------ ------- ----------------- - - ALLOW I ~ SUBTOT AL---------------- -- - ---- ----------------- 1 $' , , .000 ------------ - - -- -----------..---- -- - -- - I- I ! i SITE AMENITIES 8' WIDE TRAIL WITH 2" COURSE OF "NATURAL PAVE" TRAIL 47200 S.F. 7.00 ..----.--.-- 4" BASEROC-Ki=OR niAILANDDRjVEWAY---582 C.Y. 10.00 spLIT RAiL FENC'ING .------.-..----------- -------------.---------- 400 L.F. ---.--5~o6--.'--.-.- -10' HIGH GOLF-PFfo-fECTToi\iFENCE----------- 400 !j.F. - -=-foo~o~-- CONCRE'(ES1DEWALK-fosIUEPHEASANT PARKING LOT (NO CURB OR GUTTER) 400 S.F. 15.00 ~~~ RETAINING PARALLEL to SI~E~~~~~~-_~lFE::EA~~~=:A-RK~~ _~_-!O;-=- --:F~-~-~~~~~.~;_ ~~~~;a~/~~~:H~gs~cg~6J::f~A~~~T PAR.!5.!.N___~_,--q!___ 40_0 __ S.F:~______A~~g~___ 40' SPAN i=OOTBRIDGE--------- - -------------- ----- ------,---------- EA~~ -ALLOW BENCHES ..- -- -------------------------- ----------6--- - EA 1,500.00 SLURRY SEAL BLUEPHEA.SANT P.L. --------- --------------- ------------------ -----ALLOW. RE-STRIPE BLUE PHEAsANTP:L: ------ - ~---------- ---- ------ --- ... ALLOW RETAINING WALLS AT St6CKUvfEIR DRIVEW.Ay--------------- ------ ------- ---ACCOitii- RELOCATION OF 4-H FACILITIES----------- ------------------- ------------ -- - . -- --ALLOW- SUBTOTAL. . ..-.,----~---,_..,---~.-----,--~- ~ -- .. $330,400 ---$5,820 $26-;-000 --$40,000 _._~- _.~----- $6.000 $5,000 $4,000 -$"36.060 - $100.000 $9,000 $5,000 $1,000 $10,066 $40 600 $606~220 84,.000 S.F.IRFtI_(lATION_____________ ALLOW t $60.000 ~~~~~6 s:i= RESTORA TloNPLANTING :- :=-:-~=-~:--:-====-~=-=-- -------=- -5-0--- =E~-~~--~~~-;5.~~:--~:--~+~-------$~.250 SHRUBS @ 10' C.t: __ _ .~,~===~~-=-~~===-~__=~.~~~:~ __$25,200 MONITORING PER lob $60 000 . . --_._-_.._-----.~-~~~ ~-_.__._._._---~ SUBTOTAL $89.450 -_._----~_.._- - -----_.._--_.._---.._---~- CONSTRUCTION SUBTOTAL $927.337 ___..._.. _ _ . _ un 10% CONTINGENCY $92,734 --..----.----"- ~~~~gHj~~l -- -- - ------------- - --------------------- -$::'~~~ PROJECT SlJBt-of AL .. --.. .-.---. --,.-,--.----~-. ..-.---~_.----,.----- ---$-'-,-"" 0.738 . .- --.--.--..---.-.'...------ ...--.------~------~----,.~~--- _ ____.____.________m ~~;~:~~~~~:~~~~~~CE~~NTR~~~T-~----==k- -1.-" -l$::::: Page 4 I of 51 ""0 ~ OQ (D .j::. w o ......., VI Organization: City of Cupertino Project Title: Stevens Creek Corridor Trail I Communications (i.e. phone. fax. postage) IOther Costs Please Describe: Design Permit fees 10% contingency 10% OH/Fee Unit Cost Unit Cost Unit of Measure No. of Units Amount APPENDIX C SCVWD Tasks Total Grante. Other SCVWD Project Project Project Grant Costs Contributions Contlbutlons Request (For Service (As Needed) Period S $ $ $ $ . . Unit of Measure No. of Units Amount $ 90.000.00 $ 4.000.00 $ 92,734.00 $ 86.007.00 $90,000.00 S 53,440.00 S 4,000.00 S 4,000.00 S 92,734.00 S 59,694.00 S 86,667.00 $ 88,667.00 $273,401.00 . 2113,101.10 ~,~,~~~~~~,~:~~~~~(,~.i,'.,< :';;~J~'T:;,\~~{'"\:t>;f:~~fe;f;;;'~:~;;~cf~:J~; ~:~!~i~~f,?i;ti(i~1~1~J;~~~::.;i~~~~~~f'&t~~~jg:~;~t~:i; SUBTOTAL Grand Total51 S 36,560.00 $ 33,040.00 TASK 1 TASK 2 TASK 3 TASK 6 . . 36,560.00 S 3~,04O.oo . _,800.10 36,560.00 $ 33,040.00 .-,-.00 . . APPENDIX 0 INVOICING AND STATUS REPORT Organization: SCVWD Grant Project Title: Total Project Costs Grantee Other Project Project Contributions Contlbutlons SCVWD Grant Request TASK 1 TASK 2 TASK 3 TASK 4 Project Management TASK 5 Invoice # Invoice Date: Service Period: (Date thru Date) (For Service Period) (As Needed) Planning Design Constuctlon Etc IPersonnel Services: Employee (Name. Title) Salary Salary Salary Benefits ........ Rate +.......ts Hourly - % Rate Hours Amount Amount Amount $ $ S $ $ S $ $ S $ $ S $ $ S $ $ S 1$ 1$ I 1$ Ilndlrect Overhead Limited 10 10% of Salary + Benefits Salary Indirect Grant + Benefits Overhead Qualified Amount Limit Overhead , $ 10% 1$ 'S Is "'tl I Supplies Description Unit Cost Unit of Measure No. of Units Amount ~ $ S {JC (;) $ S ~ $ S v. $ S 0 $ S -, Is Is Is v. Small Tools (any individual Item under $250) Unit Cost Unit of Measure No. of Units Amount S S S S $ Is Is IS ILand Acquisition Unit Cost Unit of Measure No. of Units Amount $ S $ S $ S $ S $ S Is Is Is ITravel Unit Cost Unit of Measure No. of Units Amount $ S $ S $ S $ S $ S 'S IS Is "i:I ~ (JC (l) ~ 0\ o H; Vl ....... Organization: Project Title: Invoice # I Communications (i.e. phone, fax, postage) Invoice Date: Service Period: APPENDIX 0 Total Project Costs Grantee Other Project Project Contributions Contlbutions (Date thru Date) (For Service Period) (As Needed) SCVWD Granl SCVWD Grant Request TASK 1 TASK 2 TASK 3 TASK 4 TASK 5 Planning Project Management Etc Design Constuction Unit Cost Unit of Measure No. of Units Amount $ $ $ $ $ $ $ $ $ $ I' It ,. Unit Cost Unit of Measure No. of Units Amount $ $ $ $ $ I' ,. I' I Other Costs Please Describe: Grand Totals (FOR CURRENT INVOICE #) INVOICE III 112 113 1#4 tIS etc. TOTAL INVOICES % COMPLETE BUDGET AMOUNT I. I. I. I. I. I. I. I. I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t . . . . . . . . . I: I: I: I: I: I: I: I: I: APPENDIX E Santa Clara Valley Water District Trails and Open Space Grant Program PAYMENT REQUEST FORM AGREEMENT NUMBER GRANTEE PROJECT TITLE 1. TYPE OF PAYMENT ADVANCE o REIMBURSEMENT o FINAL o 2. PAYMENT INFORMATION (ROUND ALL FIGURES TO THE NEAREST DOLLAR) a. Project Amount b. Funds Received to Date $ $ $ $ $ c. Available (a. minus b.) d. Amount of This Request e. Remaining Funds After This Payment (c. minus d.) SEND PAYMENT TO: GRANTEE NAME STREET ADDRESS CITY, STATE, ZIP CODE ATTENTION 3. TYPED OR PRINTED NAME OF PERSON AUTHORIZED IN RESOLUTION TITLE DATE 4. SIGNATURE OF PERSON AUTHORIZED IN RESOLUTION FOR SANTA CLARA VALLEY WATER DISTRICT USE ONLY 5. PAYMENT APPROVAL SIGNATURE I DATE Page 47 of 51 PAYMENT REQUEST FORM INSTRUCTIONS . Type all entries . See Procedural Guide, for Eligible Costs examples The following instructions correspond to items on the Payment Request Form: 1. Agreement Number - As shown in Certification of Funding section of the Grant Contract 2. Grantee - GRANTEE name as shown on the Grant Agreement 3. Project Title - Title of Project for which payment is requested 4. Type of Payment - Check appropriate box, and submit this form: Advance - When an advance is needed, and after the Grant agreement has been fully executed; Reimbursement - When Grantee has periodically spent funds to implement the Project, and is requesting reimbursement; or Final - When Grantee has completed the Project, and is requesting the final payment. 5. Payment Information a) Project Grant Amount - The amount of District grant funds allocated to this Project b) Funds Received to Date - Total amount already received for this Project c) Available - (a. minus b.) d) Amount of this Payment Request - Amount that is requested e) Remaining Funds after this Payment - (c. minus d.) 6. Send Payment To - Grantee name, address and contact person 7. Typed or printed name of person authorized in resolution. 8. Signature of person authorized in resolution. Page 48 of 5 I APPENDIX F QUARTERLY REPORT FORM Item Status Comments Project progress on-schedule (per Appendix B)? Community based organizations involved in the Project Evaluation of public participation efforts with the Project Newly identified trails within 1000 feet of the Project Newly identified parks within 1000 feet of the Project Newly identified open space within 1000 feet of the Project Newly identified capital projects within 1000 feet of the Project Newly identified enhancement opportunities within 1000 feet of the Project Discussion of public concerns or opposition (include contact information) Page 49 of 51 RESOLUTION NO. 05-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE 2005 TRAILS, PARKS & OPEN SPACE GRANT PROGRAM UNDER THE CLEAN, SAFE CREEKS & NATURAL PROTECTION PROGRAM FOR STEVENS CREEK COORlDOR WHEREAS, the Santa Clara Valley Water District has enacted the Trails and Open Space Grant Program, which provides funds for the acquisition and development of neighborhood, community, and regional parks and recreation lands and facilities; and WHEREAS, the Santa Clara Valley District's Watershed planning unit has been delegated the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, said procedures established by the Santa Clara Valley Water District require Grantee's Governing Body to certify by resolution the approval of Grantee to apply for Trails and Open Space Grant Program funds, and WHEREAS, Grantee will enter into an agreement with the contract with the Santa Clara Valley Water District; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby: 1. Approves the filing of an application for local assistance funds from the Trails and Open Space Grant Program under the Clean, Safe Creeks and Natural Flood Protection Program of 2000; and 2. Certifies that the applicant has or will have sufficient funds to operate and maintain the project; and 3. Certifies that the applicant has reviewed, understands and agrees to the special provisions, general provisions and financial provisions contained in the agreement; and 4. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the project. Page 50 of 51 Resolution 05-044 March 15,2005 Page 2 of2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of March, 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Kwok, Lowenthal, Sandoval, Wang, James None None None ATTEST: ~~ City Clm ~ Mayor, City of Cupertino g:\parks and recreation admin\1 stevllllS creek conidorlgrant funds\scvwd trails\resolution 200S.doc Page 5 I of 5 I