20. Tank House
I
CITY OF
CUPEI\TINO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
Community Development Department
SUMMARY
AGENDA NO. ')0
AGENDA DATE: January 16, 2006
Application Summary: Authorize the City Manager to sign an amended agreement
with the Byrne Avenue Homeowners Association to dedicate land and restore the
Nathan Hall Tank house.
Recommendation: Staff recommends the City Council authorize the City Manager to:
>- Sign the tank house agreement,
>- Complete the survey map exhibits for the agreement and
>- Finalize the agreement with the Rotary Club and return to the council for
authorization to sign.
BACKGROUND:
In September 2006, the City Council was presented with a tentative agreement that staff
negotiated with the Homeowners Association with regard to:
· Dedication of land under and around the Nathan Hall tank house near
Blackberry Farm Golf Course, and
· Readjustment of lot lines to accommodate:
o The structures of the Blue Pheasant that encroach onto the Byrne Avenue
Homeowners' Association property and,
o An existing bike/ pedestrian pathway to the north of the property into the
city's right of way.
The transfer of the property on which the structures of the Blue Pheasant encroach upon
resolves a long-standing misalignment of property lines and structures on the two
properties. Additionally, the transfer of the bike/ pedestrian pathway resolves an
aberration in the City's right-of-way. This piece of land should have been dedicated to
the City when the tract map was created.
At the September city council meeting, a tentative restoration plan for the tank house
structure was also outlined. At that time, the council was hesitant to accept a building
that may need substantial rehabilitation, until the cost and financing strategy is better
defined. The council directed staff to prepare a more comprehensive restoration plan
with funding sources and the expenses for restoring the structure clearly identified.
DISCUSSION:
Restoration of old historic buildings needs to be scrutinized to ensure that it is
financially feasible. In this case, staff recommends a phased and leveraged approach to
the restoration. With this approach, each stage of the restoration funding will be
identified before work is undertaken.
J~-I
Report regarding agreement to dedicate land and restore Nathan Hall Tank House
January 16, 2007
Page 2 of 5
There are several funding sources that may be used to fund the restoration project
including the Dangerous Buildings Fund, service group donations, private donations
and possibly CDBG grant money from the federal government. The implications of
using CDBG money from the federal government are currently being analyzed.
PHASED APPROACH
The restoration project is proposed in four phases:
1. Recovery - secure and make the structure watertight
2. Renovation - make the structure accessible and useable
3. Restoration - add the wing structures to resemble the original structure
4. Redecoration - add major landscaping, pathway and exterior lighting etc.
RECOVERY PHASE
The Recovery Phase involves the recovery of the exterior of the building. The building
as it stands may be designated a Dangerous Building by the Building Official. Such a
building is an attractive nuisance attracting vagrants and encourages illegal occupants
and uses to the property.
This phase of the restoration can be done using the Dangerous Buildings Fund. In this
phase, the building shall be made secure from the elements and other external factors.
The following work will be completed at this stage:
· General Site clean up - Los Altos Garbage Company to donate bin
. Framing for roof
· Roof repair/replacement - materials and labor donated by Los Gatos Roofing
· Deck repair/replacement
. Siding repair
· Guardrail repair/replacement
. Painting the exterior
Note: Scaffolding will be required for roof repair, siding repair and painting.
Repair roof
Repair/replace guardrails
Repair deck
Repair siding
Repaint Exterior
I RECOVERY PHASE I
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Report regarding agreement to dedicate land and restore Nathan Hall Tank House
January 16, 2007
Page 3 of 5
Mr. Terry Brown has provided an estimate for this phase of the project (Exhibit A). The
estimate is approximately $17,000 for the cost of materials. Mr. Brown has talked with a
contractor who has volunteered man-hours to the project. Therefore, the final cost of
doing the Recovery phase should be lower than the estimate provided by him. The cost
of the fencing is not part of the Recovery Phase and has not been included in this
analysis. Building Official Greg Casteel has corroborated these estimates with several
building contractors.
There has been significant interest generated in the renovation of the structure. The Los
Altos Garbage Company has agreed to donate a 40 yard trash container for hauling
away debris from the general clean up at the site and the San Jose Water Company has
agreed to hook up the water service to tank house. (Exhibit B)
RENOV ATION PHASE
In November 2006, city staff also made a formal request for consideration (Exhibit C) of
the Tank House as the 2007 Cupertino Rotary Golf Classic beneficiary. On January 3,
2007, staff received notification from the Rotary Club of Cupertino that the Tank House
has been chosen as the primary beneficiary for this event (Exhibit C). The specifics of
the agreement with the Rotary Club are yet to be resolved and this agreement will be
presented to the city council at a later date.'
The funds generated from this event will be used for the Renovation Phase of the
project including the following:
· Electrical service for light and heating
· Water service hook up - donated by San Jose Water Company
· Handicap on-street parking and ADA accessible pathway to building
. Sheetrock
· Flooring
. Site fencing
Flooring
Electricity
Sheetrock
Repair doors and windows
N ate: Perimeter fencing
is part of this phase
RENOVATION PHASE I
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Report regarding agreement to dedicate land and restore Nathan Hall Tank House
January 16, 2007
Page 4 of 5
An estimate of this phase of the renovation is approximately $35,750 (Exhibit A). This
includes the cost of labor required for these tasks. The cost of materials for these tasks is
not large and if voluntary labor can be obtained for these tasks, this phase too will be
completed for less than the estimate. The restoration of the tank house can be deemed
complete at this point.
RESTORATION AND REDECORATION PHASES
The Restoration and Redecoration phases could be undertaken if future funding sources
are identified at a later date. If enough funds are not available for the Restoration phase,
priority could be given to the final, Redecoration, phase. The Restoration phase involves
the addition of the two wing structures that were part of the original tank house. These
each would have approximately have the same square footage as the tank house
structure. This phase will include the addition of restroom facilities.
The final phase, Redecoration, would involve the addition of major landscaping and
hardscaping of the property such as a decorative pathway to the structure. This would
also include the installation of low intensity decorative outdoor lighting to illuminate
the structure and the landscaping around it.
Exterior illumination and up lighting
Add restroom
Add hardscaping and landscaping
RESTORATION &
REDECORATION PHASES
ADDENDUM TO AGREEMENT
Two changes have been made to the agreement (Exhibit D) to reflect the changes in the
funding sources for the restoration. In exchange for being the primary beneficiary of the
Rotary Club's golf tournament, the Rotary Club has expressed a verbal desire to have its
meetings at the site once the Renovate Phase is complete. An addendum (Exhibit E) has
been made to the original agreement allowing the use of the property by service clubs
for its meetings, in order to accommodate their request.
Additionally, there was a clause in the original agreement stating that if the tank house
is ever demolished or destroyed, the city shall return the property to the Byrne Avenue
Homeowners Association. However, this clause has been amended to state that the city
is not required to transfer ownership of the property to the original homeowners
association.
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Report regarding agreement to dedicate land and restore Nathan Hall Tank House
January 16,2007
Page 5 of 5
Enclosures:
Staff Report dated September 19, 2006
Exhibit A: Estimate for Recovery phase from Mr. Terry Brown and Memo from
Building Official Greg Casteel
Exhibit B: Email from Dana Drysdale, V.P. Information Systems at San Jose Water Co.
Exhibit C: Letter from Rotary Club stamped January 3, 2007 and request for
Consideration as Rotary's 2007 Golf Tournament beneficiary Addendum to the
Agreement dated December 21, 2006
Exhibit D: Proposed Tank house Agreement
Exhibit E: Addendum to Tank house agreement
Prepared by: Piu Ghosh, Assistant Planner
Steve Piasecki
Director of Community Development
G:\Planning\ PDREPORT\ CC\2006\ Tank House Agmt Rpt fan 07.doc
Approved by:
4a~ d:/zUft~ tArJ
David W. Knapp tJ -
City Manager
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Terry M. Brown
Real Estate Consulting and Development
10075 Pasadena Avenue
Cupertino, CA 95014
Phone: (408) 691-3007
Fax: (408) 228-6208
E-mail: tbrownl040@aol.com
January 2, 2007
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Attn: Piu Ghosh, Planner
Re: Oakdell Ranch Tankhouse
Dear Piu,
Exhibit A
At your request I have prepared a cost estimate for Phase I of the refurbishment of the Oakdell Ranch
Tankhouse as follows:
General cleanup and trash removal
$
o
Scaffolding 3,600
Structural repairs to roof framing 4,200
Upper deck 5,400
Siding and trim repair and/or replacement 11,000
Roofing 0
Exterior Paint 12,000
Fencing 10,000
Contingency 4,600
Total $50,800
(donated trashbin from LAG and labor by
Elm wood crew)
80 lineal feet x 22' x 60 days
60 man hours @ $50
$1,200 materials
300 square feet @ $18
160 man hours @ 50
$3,000 materials
Labor and materials donated
Siding, railings, trim
400 feet @ $25
10%
The scope of work as above estimated would put this structure in a structurally sound and water and
weatherproof condition. Additionally it would be cosmetically refurbished so as to present an attractive
view to the surrounding neighborhood.
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MEMO
Attn: Piu Ghosh, Planner
Re: Nathan Hall Tank house
Exhibit A
January 11, 2007
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
At your request I have prepared a cost estimate for the Renovation Phase of the restoration of the
Nathan Hall Tank house.
Electricity Hookup 5,000
provide exact fee at a later date upon inspection by estimator)
Water Service
o
Handicap on street parking and
ADA Accessibility
5,000
Sheetrock
7,500
Flooring
5,000
Site Fencing(from Mr. Brown's estimate)
10,000
Contingency
3,250
Total $35,750
Regards,
Greg Casteel
Building Official
(PG&E - PG&E to
Services and Materials donated
by San Jose Water Company
$3,000 - materials
$1,500 materials
materials~ 300 sq. ft. @ $6jsq. ft.
400 feet @ $25
10%
r) '/
M.- I
Piu Ghosh
Exhibit B
From:
Sent:
To:
Subject:
Steve Piasecki
Thursday, January 11, 200710:16 AM
Piu Ghosh; Greg Casteel
FW: Request - Water Tower Project
-----Original Message-----
From: Carol Atwood
Sent: Thursday, January 11, 2007 9:46 AM
To: 'dana drysdale@sjwater.com'; Steve piasecki
Cc: Richard Lowenthal; David Knapp
subject: RE: Request - Water Tower Project
Hi Dana -
Thanks so much for helping with this project!
I am going to refer you to Steve Piasecki, our Community Development Director, who is co-
coordinating the re-roofing and other repairs to the structure. His direct line is 777-
3218 and his e-mail address is steveP@cupertino.org.
Thanks again and I am sure that we will talk soo.
Carol
***********************************************************
-----Original Message-----
From: dana_drysdale@sjwater.com [mailto:dana_drysdale@sjwater.com]
Sent: Monday, January 08, 2007 7:58 PM
To: Carol Atwood
Cc: Richard Lowenthal
Subject: Request - Water Tower Project
Hi Carol -
Rich and I talked about SJ Water helping with the water tower project. He
suggested running a water service to it, and told me I should contact you
to gain access to scope it out.
Well, that's why I'm contacting you! Any time around lunchtime, any day
but wednesdays is good. If you can give me several possibilities, I will
coordinate with one or our maintenance managers to come take a look at it.
I will be with him.
Thanks in advance!
Dana
P.S. So nice to send an EMail to you again - hope all is well with you,
and that 2007 is the best for you!
Dana Drysdale
Vice President Information Systems
San Jose Water Company
374 W. Santa Clara Street
San Jose, CA 95113
*** get to know us @ www.sjwater.com
***
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Exhibit C
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December 23, 2006
Ms. Carol Atwood,
Director of Administrative Services
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014-3255
Dear Carol:
Congratulations! The Golf Beneficiary Selection Committee, along with our premier sponsor, Los
Altos Garbage, wishes to thank you very much for your proposal for consideration as the primary
beneficiary of the proceeds from our May 5th 2007Cupertino Rotary Golf Classic. The City's Tank
House restoration proiect has been chosen as our primary beneficiary.
We had six proposals for consideration this year, all quite different in scope. The selection
committee considers The Tank House a historical preservation project-one the Cupertino Rotary
can truly be proud to partner with along with the City of Cupertino and the Historical Society. As
you know, a preliminary Memorandum of Understanding has been agreed to in principal, and a
more formal document is in the works. We understand the project will again come up for
consideration at the January 16th City Council Meeting. We'll anticipate a positive result.
There are many details to be worked out, but to know the Cupertino Rotary can be the steward of
this historical asset of the City for at least the next five years makes us proud. We see it as a
community asset as well, and will view our role as one to help command civic pride in its
restoration. As you know, we will have several "hands-on" opportunities to assist Terry Brown in
the work to be done. We will have a Task Force to work with you on the project.
Thank you again for your proposal, Carol. Continued good fortune in the work you are doing to
continually improve all the assets of Cupertino.
All the best in the New Year,
@y~\! ~~.
Beverly Lenihan, CFRE
Fund Development Chair
Cupertino Rotary Club
21841 Almaden Avenue
Cupertino, CA 95014
Cc: D. Knapp, S. Piasecki, Golf Selection Committee
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Exhibit C
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3220
Fax: (408) 777-3366
DEPARTMENT OF ADMINISTRATIVE SERVICES
November 30, 2006
Beverly Lenihan, CFRE
Fund Development Chair
Cupertino Rotary Club
21841 Almaden Avenue
Cupertino, CA 95014
Dear Beverly:
Attached is the City of Cupertino's application for consideration as Rotary's 2007 Golf
Tournament beneficiary. We are requesting funds from the tournament fundraiser to restore the
historic Nathan Hall tank house built in the mid to late 1800's. The City is in the process of
obtaining ownership of the structure with a plan to coordinate a community wide effort to restore
the tank house to its original condition.
We believe that this proj ect will benefit Cupertino residents by preserving a part of our history.
If you have any questions concerning this application, please feel free to contact me at 408-777-
3226 or carola@cupertino.org.
Thank you for your consideration of our application.
Sincerely,
Carol A. Atwood
Director of Administrative Services
cc: David Knapp, City Manager
Steve Piasecki, Dir. of Community Development
.~~ - to
The Rotary Club of Cupertino
2007 Golf Tournament Beneficiary Application
Project: Restoration of the Nathan Hall Tank House
November 30, 2006
1. Name and address of organization.
City of Cupeliino
10300 Torre Avenue
Cupertino, CA 95014
2. Contact Person.
Carol Atwood, Director of Administrative Services
Phone: 408-777-3226
e-mail: carola@cupertino.org
Address: same as above
3. Amount of funding requested/Proposed use of funds.
We estimate that a Phase I restoration effort will require approximately $25,000 in
funding. This amount would be leveraged with volunteer labor and materials to complete
the following restoration improvements:
>- General Site cleanup;
>- Scaffolding to complete the roof, siding repairs and painting;
>- Roof replacement and repair;
>- Exterior siding and period windows replacement and/or repair;
>- Painting of the exterior;
>- Electrical and water service to the building;
>- Site fencing, and
>- Minor landscaping.
To date, restoration efforts have involved the donation of time and materials for a new
roof by contractor/resident Terry Brown. In addition, City staff have arraigned for the
bees to be removed at the structure to ensure the safety of all working on the project.
Please note that a $25,000 investment should result in a total value of improvements that
will exceed $50,000, due to the public and private partnership efforts around the Tank
House restoration project. Currently, the infrastructure has been ignored and is in a
very run-down state, so timing is important in the restoration of this historic structure.
Once Phase I is successfully completed, we hope to eventually add back the wmg
structures on the two sides of the Tank House (see attached drawing).
4. Proposed use of funds.
See #3 above.
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5. Impact of the grant on your organization & the community.
This grant will enable us to restore the Nathan Hall tank house built in the
mid to late 1800's. Phyllis Filiberti Butler, in her book Old Santa Clara
Valley; A Guide to Historic Buildings from Palo Alto to Gilroyindicates,
states that the tank house was built in the 1880s and Mr. Louis Stocklmeir,
in a letter dated February 5, 1980 addressed to a Mrs. Robertson, writes
that the structure was built in the seventh decade ofthe 19th century.
This tank house structure survived the Great Earthquake of 1906, when
similarly constructed tank houses in the near vicinity crumbled. Tank
houses are remnants of a bygone historic era of homesteading remain in
the Santa Clara Valley.
According to Mr. Stocklmeirs letter, water was pumped up to the tank
with the help of a windmill. The tank house was used to mainly store
water for irrigation purposes. It also served as the sleeping quarters of one
of Mr. Halls employees. The shed structures on the two sides of the main
tank house were added at a later date. Staff understands that this building
was later used as a viewing stand to observe the horses that were once kept
on the Oak Dell Ranch site.
Because Cupertino is a relatively new city, we do not have a lot of
historical structures. The city hopes that restoration of this project will not
only provide our citizens with a part of our history, but also bring about a
community effort to restore the tank house to its Oligina1 condition. Staff
already has a pledge from a contractor for roof replacement. The city will
help in coordinating an effort to facilitate various contractors to donate
materials, money and labor for the renovation. In addition to individual
community members, we have had inquiries from the Cupertino Historical
Society and the Rotary Club who are interested in participating in the
restoration of the tank: house. Staff is in the process of identifying other
groups that might have an interest in restoration ofthe structure.
6. Impact of the grant on the community you serve.
See #5
7. Importance of the grant to your organization.
Provides the needed funds to begin the restoration of this historical community asset.
8. Naming opportunities or other fundraising possibilities.
This Rotary donation and other donations associated with this project will be taken to
Council to request acknowledgement with a plaque bearing the name of the person or the
organization, similar to the recognitions at the Cupertino Community Center building or
the Cupeliino Library building. In addition, I would request that a proclamation be given
to the Rotary Club for their contribution to this project at a City Council meeting.
~~-If-
9. Your organization's ability to help with staffing at the tournament and promotion
of the tournament.
As in the past, the city has supported the Rotary Golf tournament through donations of
prizes, publicity of the event, and staff time in conjunction with the event. At least five
of our city staff/City Council are Rotarians and will be involved directly in the event.
1~ - ( '!:>
Exhibit 0
TANK HOUSE AGREEMENT
This agreement is entered into in the, Santa Clara County, California by and
between Byrne A venue Homeowners Association, hereinafter referred to as
"Homeowners" and the City of Cupertino, hereinafter referred to as "City".
RECITALS
A. Homeowners own the real property described as Lot 6, Tract Number 6574,
filed for record in the Office of the County Record of the County of Santa Clara, on the
13th day of June, 1979, in Book 443 of Maps at Pages 34 and 35. (Exhibit A - Attach legal
description of property owned)
B. The above-described real property with an historic Tank House thereon is
subject to both a Declaration of Covenants and Restrictions recorded in the Santa Clara
County Recorder's Office on June 28, 1979 and Agreements and Covenants Running
with the land recorded on
1980.
C. Said Declaration of Covenants and Restrictions states: "The Byrne Avenue
Homeowners Association shall maintain the Tank House structure in reasonably good
condition and repair shall be borne by the Byrne Avenue Homeowners Association./I
D. Complete maintenance of the Tank House has not been undertaken by the
Byrne Avenue Homeowners due to incompletion of contract between Bryne Avenue
Homeowners and Westwind Development, Inc. (See Exhibit B - Letter)
E. Homeowners desire to donate to the City in fee certain portions of said real
property free of the aforementioned Declaration of Covenants and Restrictions
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including amendments thereto, if any, and free of the aforementioned Agreements and
Covenants Running with the Land including amendments, thereto, if any.
F. The intent of the above transfer is the assumption by the City of all
responsibility for the renovation, restoration, maintenance, landscaping, operation and
use of the Tank House and to allow the Homeowners a charitable tax deduction.
G. The City and the Homeowners also desire to resolve the boundary
misalignment that exists along the west boundary line with the Blue Pheasant
Restaurant site and to locate the public pathway along the north property line within
the public right-of-way.
AGREEMENT
In consideration of the parties mutual promises, covenants, and conditions
contained below, it is hereby agreed as follows:
1. The recitals herein above set forth are incorporated into this Agreement by this
reference as though fully set forth at length verbatim.
2. Subject to the terms of this Agreement and conditioned upon the
Homeowners' reasonable approvals as set forth below, the Homeowners shall transfer
to the 'City in fee all of the following:
a. The land under and around the Tank House structureL~~?_ll(,~pi( 1lI
for restoration and use as a historical site as described on
Exhibit C (Map by surveyor)
b. A strip of land along the west property line boundary with the
Blue Pheasant Restaurant site as described on Exhibit D (Survey Map
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provided by Public Works) (indicated by present pmg and stakes
presently in place on said boundary.)
c. A strip of land encompassing the existing walkway/bike path along
Stevens Creek Boulevard from the Blue Pheasant Restaurant site to Byrne
Avenue as described on Exhibit E (Map by Surveyor)
3. The parties mutually agree that the aforementioned transfers of real property
are to be properly documented as reasonably necessary by land surveys, legal
descriptions, agreements, lot line adjustments and/ or dedications and/ or deeds,
including, without limitation, documentation reasonably necessary to accomplish the
land transfers free of the aforementioned Declaration of Covenants and Restrictions and
Agreements and Covenants Running with the Land to allow Homeowners a charitable
tax deduction. All costs related to the transfer of the real property associated with the
land surveys, preparation of legal descriptions, agreements, lot line adjustments and/ or
dedications and/or deeds, including, without limitation, the fees charged by a
surveyor, attorney fees, notary fees, and recording costs shall be borne by the City.
4. The aforementioned transfers shall benefit the Homeowners with the
following equitable servitudes or restrictive covenants running with the land.
a. The City shall assume all responsibility, including, without limitation, all
financial responsibility for the renovation, restoration, operation,
landscaping, maintenance and use of the Tank House building.
b. The City shall use the aforementioned real property (Exhibit C) as a historical
monument for the Tank House.
"
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c. None of the transferred property (Exhibit C) shall ever be used for a parking
lot or for anything other than the operation of the Tank House as a historical
site.
d. Should the Tank House be removed from the property, demolished or
destroyed, the City shall reconvey that portion of the land back to the Byrne
Avenue Homeowners Association.
5. The City intends to coordinate a community volunteer effort involving service
organizations, the historical society, private businesses, and contractors and individuals
willing to donate time and materials to renovate and restore the structure to its original
condition as shown in the attached sketch (Exhibit F).
6. The City shall erect and maintain, at its sole cost and expense, a decorative
fence made out of wrought iron or white pickets or similar attractive materials, along
the boundary line separating the Tank House from the remaining common area lot.
7. The City agrees to hold harmless and indemnify Homeowners and each
individual member of the Byrne Avenue Homeowners Association, including, without
limitation, any corporation or other entities controlling, controlled by or under common
control with the Homeowners from and against any and all claims arising from injury
to persons, loss of life or damages to property occurring in or about all real property
being transferred to the City by virtue of this Agreement and from and against any and
all costs, expenses, liabilities, including, without limitation, reasonable attorneys fees,
incurred by the Homeowners, and/or its individual members, or any of them, or in
connection with any such claim or any proceeding based thereon, to the extent such
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injury, loss of life, or damage arises out the negligent or willful act or failure to act of the
City, or any of its officers, employees, agents, contractors, licensees, visitors, guests or
invitees.
8. The City and the Homeowners for themselves and their successors, servants,
employees, agents, representatives, attorneys and assigns do hereby release, remise,
exonerate, and forever discharge the other, and each of their respective servants,
employees, agents, representatives, attorneys and assignees, from any and all manner of
actions, suites, debts, accounts, contracts, agreements, controversies, judgments,
damages, claims, liabilities and demands of any nature whatsoever which they ever had
against the other, now have, or hereinafter can, shall or may have for or by reason of
any act, transaction, practice, conduct, matter, cause or thing of any kind or nature
whatsoever relating to any demands, claims and of Covenants and Restrictions,
Agreements and Covenants Running with the Land and boundary counter-claims with
respect to the real estate being transferred, the above identified Declarations
misalignment and any other related or unrelated matters which were or could have
been asserted in any way between the parties hereto.
9. With respect to this agreement and release, each of the parties acknowledges
an awareness of the provisions of 91542 of the California Civil Code, which provides as
follows:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor.
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Each party hereto waives said provision as it may relate to any demands, claims and
counter-claims with respect to the real estate being transferred, the above identified
Declarations of Covenants and Restrictions, Agreements and Covenants Running with
the Land and boundary misalignment and any other related or unrelated matters which
were or could have asserted in any way between the parties which said parties do not
know or suspect to exist in their favor at the time of executing this agreement and,
which if known by them, must have materially affected their decision to enter into this
agreement. The parties hereto hereby assume full responsibility for any damages, losses
or other liabilities that they may have or hereinafter incur by reason of any alleged acts,
misfeasance or nonfeasance by any of the parties hereto relating to those demands,
claims and counter-claims.
10. The City reserves the right to require a Phase I report on all real property
being donated. Homeowners shall make disclosures about said real property to the City
prior to execution of the agreement. The City shall have a due diligence period in which
to investigate the property.
11. Should any dispute arise with respect to this agreement, the prevailing party
shall be entitled to all costs and expenses, including costs of investigation, legal fees and
court costs, which said prevailing party may have incurred in resolution of said dispute,
whether such resolution is by way of judicial action or compromise.
12. This agreement shall inure to the benefit of and be legally binding upon the
parties hereto and their respective servants, employees, agents, heirs, legal
representatives, successors, attorneys and assigns.
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13. This agreement may be executed in any number of counter-parts, each of
which shall be deemed an original, but all of which shall constitute one and the same
instrument. Signatures by facsimile shall be deemed acceptable as original signatures.
14. Attorney's fees, costs and expenses paid, accrued or incurred with respect to
the release of all claims pursuant to this agreement, including without limitation, the
attorney's fees related to the negotiation and drafting of this agreement shall be paid by
the City.
15. Each party warrants and represents that in executing this agreement they
have relied upon legal advice from the attorney of their choice; that the terms of this
agreement have been read and its consequences (including risks, complications and
costs) have been completely explained to them by that attorney; and that they fully
understand the terms of this agreement. Each party further acknowledged and
represents that, in executing this release, they have not relied on any inducements,
promises, or representations made by the other party representing or serving the other
party.
16. The parties to this agreement acknowledge and warrant that their execution
of this release is free and voluntary.
17. Each party to this agreement shall cooperate fully in the execution of any and
all other documents, including without limitation, agreements and/or deeds
documenting the transactions described in this agreement, and in the completion of any
additional actions that may be necessary or appropriate to give full force and effect to
the terms and intent of this agreement.
- 7 -
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18. This agreement contains the entire agreement between the parties and may
not be modified except in a writing signed by all parties.
19. This agreement shall become effective immediately upon execution the City
and Homeowners.
20. This agreement is entered into, and shall be construed and interpreted in
accordance with the laws of the State of California.
Dated:
THE CITY OF CUPERTINO
By:
Mayor, City of Cupertino
Dated:
BYRNE A VENUE HOMEOWNERS
ASSOCIATION
By:
ATTEST:
City Clerk
State of California )
) ss.
County of Santa Clara)
- 8 -
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On before me, , a Notary Public in and for said
state, personally appeared , personally known to me, or
proved to me on the basis of satisfactory evidence, to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/ she executed the
same in his/her authorized capacity, and that by his/her signature on the instrument
the person, or the entity upon behalf of which the person acted, executed this
instrument.
Witness my hand and official seal.
- 9 -
~.;-. J 1-
Exhibit E
ADDENDUM TO AGREEMENT
This Addendum to Agreement in made and entered into as of Dee, 2.1 , 2006 by and
between the CITY OF CUPERTINO, a municipal corporation ("City"), and the BYRNE AVENUE
HOMEOWNERS ASSOCIA nON ("Homeowners").
RECITALS
Whereas, City and Homeowners are parties to a certain Tank House Agreement dated July 1,
2006, incorporated by reference in a Letter of Intent executed by the Byrne Avenue Homeowners
Association members Terry Hertel on July 18,2006, Richard E. Whicker and Sharon K. Northrup on
July 21,2006 and Webster B. Meier, Jf. on July 24,2006, in which the Homeowners, for
consideration, granted to the City in fee simple the historic Tank House and certain surrounding
property for use as an historical monument; and
Whereas, the City agreed to coordinate a community effort to donate time and materials to
renovate and restore the stmcture to its original condition; and
Whereas, certain community service organizations are now willing to provide funding and
labor for the Tank House renovation in exchange for use of the Tank House for meetings,
Now, Therefore, it is hereby agreed by the parties as follows:
1. Subject to the tern1s, provisions, covenants and conditions of the existing Tank House
Agreement, the parties agree that use of the Tank House by certain community service organizations
for meetings is an acceptable use of the Tank House provided that, pursuant to section 4c of the Tank
House Agreement, "None of the transferred propeliy shall ever be used for a parl<ing lot...."
2. Should the Tank House ever be removed from the propeliy, demolished or destroyed, the
City shall not convey the property back to the Byrne Avenue Homeowners Association as currently
stated in the Tank House Agreement section 4d, but the property shall remain as City-owned property.
3. Except as hereby amended the existing Tank House Agreement shall remain in full force
and effect.
In Witness Whereof, the parties hereto have executed this Addendum to Agreement as of the
day and year first above written.
Attest: , . ~
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CITY OF CUPERTINO
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CALlfORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Prod. No. 5907
Reorder; Call Toll-Free 1-800-876-6827
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CALlFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
'2.-C-Uo
5
CITY OF
CUPEI\TINO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
Community Development Department
SUMMARY
AGENDA No.N
AGENDA DATE: September 19, 2006
Application Summary: Authorize the City Manager to sign an agreement to dedicate
land and restore the Nathan Hall Tank house.
Recommendation: Staff recommends the City Council direct:
>- The City Manager to sign the agreement, and
>- Direct staff to complete the survey map exhibits for the agreement and develop a
detailed plan to ensure its renovation.
BACKGROUND:
In 1980, as a condition of approval for the eight unit Byrne Avenue development, the
developer Terry Brown, was required to relocate a tank house/viewing stand from the
Oakdell Ranch area to its current location next to the Blue Pheasant Restaurant. The
selected area was open space required as part of the development. A covenant was
recorded requiring the Byrne A venue homeowners to maintain the tank house. In 2000,
at the Homeowners Association request, staff researched the covenant and verified that
it was properly recorded.
The lack of comprehensive maintenance of the tank house has been the subject of
several conversations between the Homeowners Association and the City of Cupertino.
Consistent with the recorded covenants, staff asked the Byrne Avenue Homeowners
Association to commence repair and maintenance work on the tank house. However,
while some work was completed, comprehensive repairs have not been conducted and
the appearance and condition of the Tank House structure continued to decline.
HISTORICAL SIGNIFICANCE:
The Nathan Hall tank house was built in the mid to late 1800's. Phyllis Filiberti Butler
in her book "Old Santa Clara Valley; A Guide to Historic Buildings from Palo Alto to
Gilroy" indicates the tank house was built in the 18805 and Mr. Louis Stocklmeir, in a
letter dated February 5, 1980 addressed to a Mrs. Robertson, writes that the structure
was "built in the seventh decade of the 19th century."
1-b-2..7
Report regarding tank house near Blackberry Farm
September 19, 2006
Page 2
This tank house structure survived the Great Earthquake of 1906, when similarly
constructed tank houses in the near vicinity crumbled. Tank houses are remnants of a.
bygone historic era of homesteading remain in the Santa Clara Valley.
According to Mr. Stocklmeir's letter, water was pumped up to the tank with the help of
a windmill. The tank house was used to mainly store water for irrigation purposes. It
also served as the sleeping quarters of one of Mr. Hall's employees The shed structures
on the two sides of the main tank house were added at a later date. Staff understands
that this building was later used as a viewing stand to observe the horses that were once
kept on the Oak Dell Ranch site.
DISCUSSION:
In September 2003, the City Council directed staff to coordinate with the Homeowners
Association to facilitate their renovation of the structure. These discussions were not
successful.
In November 2005, staff met with the members of the Byrne Avenue Homeowners
Association again and came to a tentative agreement with them with regard to the tank
house, the bike/ pedestrian pathway to the north of the property and the portion of the
property on which the Blue Pheasant has encroached upon.
Enclosed is a letter of intent from the Byrne Avenue Homeowners Association to
. Dedicate land under and around the Nathan Hall tank house near Blackberry
Farm Golf Course, and
. Readjust lot lines to accommodate
o The structures of the Blue Pheasant that encroach onto the Byrne A venue
Homeowners' Association property and,
o An existing bike/ pedestrian pathway to the north of the property into the
city's right of way.
The agreement has a number of associated survey maps that need to be prepared prior
to its execution. The city shall be responsible for all fees and costs associated with the
completion and recordation of the agreement.
Along the property lines shared between the Byrne A venue Homeowners Association
and the tank house, the tank house shall be fenced off with fencing material such as a
picket fence, wrought iron fence or some other attractive material.
The city reserves the right to obtain a Phase I report. This report shall identify any
existing environmental hazards with regard to the tank house. If the tank house is ever
demolished or destroyed, the city shall return the property to the Byrne A venue
Homeowners Association.
UJ - 26
Report regarding tank house near Blackberry Farm
September 19, 2006
Page 3
TANK HOUSE RESTORATION PLAN
Staff will coordinate a community effort to restore the tank house to its original
. condition as depicted in Exhibit F of the proposed agreement. There are several items
that need to be replaced or repaired in order to restore the structure (See Exhibit A).
This is not an exhaustive list since the building needs closer inspection to determine if
more work is necessary. A final scope of work shall be prepared once a site inspection
can be conducted and architectural plans for the renovation are prepared
Staff already has a pledge from a contractor for roof replacement. The city will help in
coordinating an effort to facilitate various contractors to donate materials, money and
labor for the renovation. All forms of donation can .be acknowledged with a plaque
bearing the name of the person or the company similar to the recognitions at the
Cupertino Community Center building.
The Cupertino Historical Society and the Rotary Club are interested in participating in
the restoration of the tank house. Staff is in the process of identifying other groups that
might have an interest in restoration of the structure.
Enclosures:
Exhibit A: Tentative Scope of Work
Exhibit B: Letter of Intent from Byrne Avenue Homeowners Association
Exhibit C: Proposed Tank house Agreement
Prepared by: Piu Ghosh, Assistant Planner
Approved by:
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David W. Knapp
Ci ty Manager
Steve Piaseckr
Director of Community Development
GjPlanning/PDreportjcc;2006jTank House Agreement Report.doc
U-2-1
TENTATIVE SCOPE OF WORK
For the existing tank house structure:
1. Structural roof repair
2. Roof covering
3. Probable sub floor replacement at various levels
4. Possible structural framing repairs
5. Siding repair/ replacement
6. Possible sheetrock or plaster repair
7. Electrical connectivity
8. Water connectivity
9. Window/door replacement
10. Interior stair and railing repair
11. Replace/ repair exterior guardrail around the tank house
12. Priming and finish coat painting interior and exterior
For the new wing structures:
1, Preparation of plans
2. Possible grading
3. Construction of
a. Foundation
b. Raised floor or slab
c. Framing for structures
4. Shear wall
5. New siding to match the existing structure
6. New/refurbished window/doors
7. New roofing and flashing
8. New sheetrock
9. Possible insulation
10. Electrical wiring and outlets
11. Possible heater
12. Plumbing
13. Painting interior and exterior
14, Possible steps outside if it is going to be a raised floor
15, Possible furnishings to represent past use
16. Possible signage outside and inside
EXHIBIT A
~.-30
Exhibit B
LFTTER OF INTENT
FROM
BYIDlli AVENUE HOIY1EOWNERS ASSOCIATION
TO
THE CITY OF CUPERTINO
AS DETAILED IN THE RECITALS OF THE ATTACHED "TANK
HOUSE AGREEMENT" DATED -1ff JULY:, 2006, WHICH, BY
REFERENCE THERETO IS INCORPORATED HEREIN AND MADE A
P ART HEREOF TIllS LETTER, THE BYRNE A VENUE
HOMEOWNERS ASSOCIATION HEREBY DONATES TO THE CITY
OF CUPERTINO THE FOLLOWING REAL PROPERTY A-ND
Uv1PROVEMENTS AS DESCRIBED IN SAID RECITALS:
1. THAT CERTAIN STRUCTURE KNOWN AS THE TANK HOUSE,
AND THE LAND THEREUNDER, AS FURTHER DESCRIBED IN
PARAGRAPH 2a IN SAID AGREEJ\!IENT.
2. A STRIP OF LAND ALONG THE WESTERN BOUNDARY OF THE
PROPERTY, ADJOINING PROPERTY KNOWN AS THE BLUE
PHEASANT SITE AS FURTHER DESCRIBED IN PARAGRAPH 2b 11~
SAID AGREEMENT.
3. A STRIP OF LAND ENCOMPASSING THE EXISTING WALKWAY!
BIKE PATH RUNNING PARALLEL TO STEVENS CREEK
BOULEVARD ALONG THE NORTHERN BOUNDARY OF SAID
PROPERTY FROM THE BLUE PHEASANT SITE TO BYRNE
A VENUE,AND FURTHER DESCRIBED IN P ARAGRAPH2c IN SAID
AG NT,
Subscribed an sw m before me on this 18th day of July, 2006 by
'. ~ , personally Imovvn to me or proJed to me
On the asis of satisfactory evidence to be the person zvn appeared
Before me " 1
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".. .. MICHAEL J. MARrIN ~ J
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