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91-111 CUSD Open Space Maintenance Reso 8377 (see 05-091, 13-147, 16-168)CUPERTINO October 14, 2013 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE ^ CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -2-223 • FAX: (408) 777 -3366 WEBSITE: www.cupertino.org Cupertino Union School District 10301 Vista Drive Cupertino, CA 95014 Attn: Pam Mackey Re: 2nd Amendment to Agreement for Maintenance and Improvement of the Certain Open Space areas with Certain School Districts Dear Pam, Enclosed are two signed sets of the above stated agreement between the City of Cupertino, Cupertino Union School District, and Cupertino Schools Public Financing Corporation. As discussed, I am including the Public Financing Corp. copy for your distribution. If you have any questions or need additional information, please contact the Parks and Recreation department at 408 -777 -3120. Sincerely, Kirsten Squarcia Deputy City Clerk Enclosures cc: Parks & Recreation 71 /// SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO, CUPERTINO UNION SCHOOL DISTRICT AND CUPERTINO SCHOOLS PUBLIC FINANCING CORPORATION FOR MAINTENANCE AND IMPROVEMENT OF CERTAIN OPEN SPACE AREAS WITHIN CERTAIN SCHOOL SITES This Second Amendment to the Agreement between the City of Cupertino, a California municipal corporation ( "City "), Cupertino Union School District and Cupertino Schools Public Financing Corporation (collectively referred to as the "Parties ") for reference dated April 15,199 1, is made and entered into this 24`x' day of September, 2013. RECI if ALS A. On April 15, 1991, the Parties entered into a twenty -five year agreement (hereinafter "Agreement ") in which the City agreed to provide maintenance and improvement of designated school playfields within certain school sites in exchange for the use of those playfields by City residents and others for sports activities within the City of Cupertino. B. On December 14, 2005, the Patsies amended the Agreement to provide for an annual contribution by the Cupertino Union School District to help offset inflationary costs of the City's maintenance obligation. C. The Parties desire to amend the Agreement again to change the open space ball field site originally allocated at Faria School to Collins School and establish additional requirements associated with this location change. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: L. Paragraph One of the Agreement is modified to read as follows: 1. DEFINITIONS. (a) School Open Space Sites. There are attached to this Agreement and incorporated by reference herein certain exhibits, to which reference is made in this Paragraph. These exhibits consist of site diagrams (Exhibit IA) and a site profile (Exhibit 2A) of real property encompassing an open space area within real property consisting of a school site of DISTRICT. For purposes of this Agreement, whenever reference is made to school open space sites, such reference shall be construed to pertain to the areas described in this Paragraph: Name of School Open Space site Collins School Open Space site Eaton School open space site Faria School open space site Garden Gate school open space site Lincoln School open space site Regnart School open space site Second Amendment to Agreement between City of Cupertino, Cupertino Union School District and Cupertino Schools Public Financing Corporation, continued Stevens Creek School open space site Hyde School open space site Kennedy School open space site 2. Paragraph Six of the Agreement is amended to read as follows: 6. CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS AT SCHOOL SITES. (a) Except as provided in Paragraph 6(d) CITY is empowered to undertake and shall be responsible for all activities relating to the construction and installation of the improvements to the various school open space sites in accordance with each adopted Master Plan, including preparation of plans and specifications, selection and payment of services of consultants, advertising and calling for bids for construction and installation of the improvements, awarding construction contracts, supervision of construction and installation of the improvements, and payment of costs of such construction and installation. No contract for construction shall be awarded unless and until DISTRICT shall have approved the plans and specifications therefore. No contract for construction of any building, as defined in Chapter 2 of Part 23 of Title 2 of the Education Code, shall be awarded without the prior approval of the state Department of General Service, where required. (b) DISTRICT and CITY shall develop a schedule for site design and improvements no later than August 31, 1991. All work shall be completed by December 31, 1995. (c) The required date of completion of constxuction and installation of any improvement required pursuant to this Agreement shall be extended where and to the extent that delay is attributable to weather or circumstances beyond control of CITY of any contractor constructing or installing improvements under the authority of CITY. (d) DISTRICT recognizes that the constriction of Improvements pursuant to this Agreement may occur during times of the year when its schools are in session. CITY will endeavor to schedule construction activities so as to cooperate with DISTRICT and will assure that adequate safety precautions are in place. CITY shall consult with DISTRICT as to the scheduling and timing of construction of the improvements so as to minimize any adverse impact such construction may have on the instructional program of DISTRICT. (e) In June, 2013, the District was allowed to remove from service the Faria Elementary School ball field site in order to construct additional classrooms. In exchange, the District will, at its sole cost and expense, provide an in -kind replacement baseball field of equivalent design, size and quality, including but not limited to, retaining walls, landscaping, separate irrigation, backstops, dugouts and storage area at the southeast corner of open space adjacent to Collins Elementary School. The District will ensure completion of this facility no later than February 15, 2014. The City will maintain the open space /fields al the remaining existing sites as well as the new field once it is constructed at Collins Elementary School. 3. The following Exhibits to the Agreement, are added to read as shown in the attachments to this Amendment: a. Exhibit "IA, "- Collins School Site Diagram and Site Profile b. Exhibit "2A "- Faria School Site Diagram and Site Profile 4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in. full force and effect. [Signatures on following page] :2 Second Amendment to Agreement between City of Cupertino, Cupertino Union School District and Cupertino Schools Public Financing Corporation, continued ATTEST: CITY OF CUPERTINO Grace Schmidt, City Clerk CUP O'I SCHOOL DIST CT Wen udalewicz, Supe ,'tende t David Brandt, City Manager CUPER INO SCHOOLS P,U/BLIC FACILITIES FINANCING CORPORATION Dana Drysdale, sident AORROVED AS TO FORM: Carol Korade, City Attorney APPROVED AS TO FORM: Mark W. Kelley, Dannis Woliver &, Kelley Attorney for District i Attachments: Exhibit "1 -A, "- Collins School Site Diagram and Site Profile Exhibit "2A "- Faria School Site Diagram and Site Profile I I 2N 141 m , 4) 0 U uj Exhibit 1A 1TE )FLL Facility Collins _ Acreage (Turf) Current - 1.4 acres (240'-( 2551) as of 02/.15/2014 Fields, Existing Open playfield _ Youth Sports .Pemtits, Existing None _ Fields, Proposed I -baseball game I - baseball/softball practice Improvements, Proposed a) construct a little league field including new backstop, dugouts, new turf, skinned infield, and renovations to the irrigation system Amenities, Proposed: X (1) backstops /permanent backstops /portable bathroom facilities batting cage bike racks X (2) bleachers concession stand X 1 drinking fountain* X (1) electrical outlet *Ivlulti -Sport Use Comments: A) no dumpsters _ Cost Estimate Rev: 09i 0/_2913 enclosed on -deck area flagpole goal posts homerun fence phone (emergency) X 2 shaded dugouts X 1 skinned basepaths storage X trash cans* A) X (1) water /quick coupler Exhibit I.A Exhibit 2A UPf11T)h0, CA, ZA01a ���a /3 ON �T:LLINO Il0 g i 0,ti6, �i i GnASP. 7' I J 1 17 N I A 3PiIA i l u l ! i l-, I ,' -�• PARYMQ 485.00` 3Ana,NRA '' -AN= -- Exhibit ,2A Lei Extension of the concrete block wall and walkway. ft t, STLGRD. STLGRD. STLGRD. STLG j A -59205 A -59205 A -59205 A -59: D!/ 2/93 12/93 12/93 12/93 -- -- -- --t -- -- - -- PARTIAL SITE PLAIN SCALE; 1"= 30' (f m iVYBERG •�TZCHITECIS NEW MODULAR CLASSROOM BUILDING AT 7 MAR. '13 oeaon �srnn;no- tna,as.4ne° FARiA ELEMENTARY 23 CR]I„ -ON CANYON • AU50 VIEio, CALIFORNIA 92656 -8a;; FOR 969.305.0&69 CLPERTH O UNION S CHOOL DISTRICT -- ¢i i q5 L -————— — — - —-- 0 �,rL Ii FU UREA; FUTURE II FUTURE MOD MOD. 1 . I � MOD. I FUTURE _I� —rr� —} CLS�RIvt, I ( -CLg cM. (I CL RM. I , MoD. RSTRM. BLDG. I -- Exhibit ,2A Lei Extension of the concrete block wall and walkway. ft t, STLGRD. STLGRD. STLGRD. STLG j A -59205 A -59205 A -59205 A -59: D!/ 2/93 12/93 12/93 12/93 -- -- -- --t -- -- - -- PARTIAL SITE PLAIN SCALE; 1"= 30' (f m iVYBERG •�TZCHITECIS NEW MODULAR CLASSROOM BUILDING AT 7 MAR. '13 oeaon �srnn;no- tna,as.4ne° FARiA ELEMENTARY 23 CR]I„ -ON CANYON • AU50 VIEio, CALIFORNIA 92656 -8a;; FOR 969.305.0&69 CLPERTH O UNION S CHOOL DISTRICT -- ¢i J SIT R2EM :Facility Faria Acreage (Turf) Previous = 8.81 acres (570,45'x 67:3.20'), As of 7/15/2013 reduced by 0.196 acres (90'x 95'). Current = 8;61 acres. Fields, Existing 2 - soccer game _ 1 - baseball Kame 3 - baseball practice Youth Sports Permits, Existing AYSO - Region 35 CYSA Cupertino National Little League Fields, Proposed 1 - soccer game 1 - baseball game I - baseball /softball practice Improvements, .Proposed a) turf and irrigate .58 acre south of existing turf; b) renovate existing turf; c) provide 6' jogging path around perimeter Amenities, Proposed: X 11 backstops /permanent X (11)) backstops /portable X bathroom facilities* A) X batting cage B) ,2 (1) bike racks* X (2) bleachers X concession. stand* X (1) drinking fountain* X(1) electrical outlet *Multi -Sport Use X 1 enclosed on -deck area X X (2) goal posts X (1) homerun fence X phone (emergency) * C) X 2 shaded dugouts X ( ) skinned basepaths X 1 storage* ('6' x8 & 8' x 10') X trash cans* D) X T water /quick coupler Comments: A) May be modular, B) if space allows, C) must be enclosed in cnn cssion stand- t7) no dumnsters_ Cost Estimate Rev. 09/1 0/2013 Exhibit 2A 14 �f►filA. 14 KEtdii��►Y «tE�:9itQ!(: OUPlInTINO, CA. -98014 i.1NG0. LN ,ff 7 f.6 C GL�1 A. N Ito 0liPIE TiN O,Cft: 0 -4 =.61�a#1A it7 ttv itonxattm.E - u.n C �J P 1~ it T 1 M O'.4i A 9 0- 0 :1'`4 EXHIBI`i i1 Youth. Sports Permits, EKiSting jWSO a Rio 64, Zzi-C' ies Little Li age. Cxm Fields, Proposed . Soccer g I it';aDIA -M X(2) enclosed cn- -ded—, aI rea X fzig�le 21 goal posts X(2)- ` i eY:m - fermi - (emerwicy) _* C) ( AL— city U.s Xs(2I -- Mki nned basepaths .- .X-..._. t2 cans* D) X(2) grater /cjLd .. c ler Page 2 of 8 Pa 3 of 8 of tulri l; A4 �) `Amnifi:ics, Pry: - backsficps/parmam ct X (2) enclosed an-der—k .area badmtaW/portable fLwipole . X i (4) _goal posts _bah batting " cage _ t mertim feme X(2) ,_bike racks* X t dar9e (emergency) * B) X(2)—­bleachers X(2), _.,. : &igcxrts icxz stand* ,w ed basepatlis' ftij k rig fountain .. tta°a (8,X3.0, ) __eiectricai outlet. X trash. cans* C) X meter /qui.ek =Wler multia- Mrmne is :" -.A r FLYemixW pa-table i N) mists ittle �� Fields, Pfd 3 - O qa 3 baseball'- Imprtwewrjts Proposed A%3or site i is nec ssary mist s, yvide viii io- -Wma MMIatign tr ick (jnclgftzrg Z ,, Wtr ple -ice spits. 2 high 1 pits. 2diirxrs Z r,s r'ncfs) Amenities,;. Proposed; M bad""gps /pnwne t. - - X Q ez'1 1osed on-deck area , bathroc n facilities* A) X(6) cc posts. ts. cage X - hawrun fence. X(6) bleachem X- x ion stand* X drink xq fountain* —Slectxical outlet X trash * C) X meter /quick ti ler Miti- use Cwt ate Rev 03/28/1931 1 -w tr+ it -�7Y �`s�`u.`M ��.. =i'S ` -v �. `.?' tad., t .._; ±. 4, a`,• ,)yr .._iF� J }.'gt r-,:, 4yi ao x..,uy�. f Y., . ,'Y(.. -s':5 ivdt.. -.�,"a -.,`t" ,a!, .'gin.. •t t.,- �.ts,; -�?? ?'?.f<t.IZ ,;.i.z,ir. ..tie 7r.E;.•S. c -. s�,?. sy,es- ��,�t t :;,- ,'�r.:s`�' s> izr,.,Y:e S1.r�7 4 t..tia - b�.h. §r R ;'�yl ,Q:. : i. !, •� '1 s'>� ? -'f fiiK rr.r:: t;ir,• ,�' r 6i r4a'N 4. V - 3 .6•l: @:i . t^i., r >,.�,d; " � "j Y;r� i',, Pag4, 6 of 8 £3r `, �_ �• +e g7.l yf`�"d 3a�r h 3i :��''f -:t'�A .nY ".• i.; ? ^3q u ih 4 i ,r �.. ti. .�. . P .a "MFG . e� ti�y,„if`t t..,:.`'.. :�i`' -:s ri.. F yy i t f '�. �ti r• -7 n , i` -�lrf zds itm.�a"r,�`,a ra �s 2L_ , _;• _,!n: b �_ ►.tl. • i=1• _ ^a 13 w rov • . Aouaind th Amenities •'••www backstops/portable w••• —batting cage Lhmarun tence •t ! • l ' 1. #t' r x Leleatxicai outlet X trash carts*. C) water/quidt coupler Mlti-4crt the CNAZIff•-. -.. ttred • nut •" 1 ".w "� 'ill .. "! Ii+ w_f�9i�• # • .!lf�i. Rev. 03/28/1991, Pag4, 6 of 8 £3r `, �_ �• +e g7.l yf`�"d 3a�r h 3i :��''f -:t'�A .nY ".• i.; ? ^3q u ih 4 i ,r �.. ti. .�. . P .a "MFG . e� ti�y,„if`t t..,:.`'.. :�i`' -:s ri.. F yy i t f '�. �ti r• -7 n , i` -�lrf zds itm.�a"r,�`,a ra �s 2L_ , _;• _,!n: b T cost E's't. mte F&V. 0:3/2811991 Page 7 of 8 a - ^! .14' _ 77 r,,,1 .:77 ri7 .,.._ ..I .. - flAgpole _jOaUu-om facilities* A) IX(2) �gcai posts b3tting cage merun fence ... ,M .j. t. -. t:.- CN: i -_ i X(2) bleachers X12) -SN'dad dLxjout--; _eiectx I. Cal Oitlet, F' coupler ter►! rmw # I ? w mst f:- - f t "'! cost E's't. mte F&V. 0:3/2811991 Page 7 of 8 a - ^! .14' _ 77 r,,,1 .:77 ri7 � PRDI Facility .- xmanent • :. x facilities* A) L b x Caxwsicn stand* B) ml : , i .. • Outlet SS. a1 WTOFF 71 W "5 The following. is a Facility-Usage and Operational /Maintenance Policy agreed upon ley the City of Cupertino and _the Cupertino Union School- District pertaining to cooperative recreational or opera space areas at school sites. The Items contained In the policy are intended to define basic guidelines in order to maximize recreational opportunities for both students of the District and. residents of the City. This policy has baan approved by the governing bodies .of the City and the tistrict and each organization has designated -a representative to be ' responsible for administration of said Facility Usage and Operational /Maintenance Policy. :Further, it .is understood that this policy may be modified from tirne to time by agreement of the Director of Parks tend Recreation of the City :anu the 'Superintendent oi. the District or their assigned dl cignees. FA I ITY UBAU A The School District will: have priority use of open space sites between the tiqurs of 8:00 a.m. and 4;00 p.m. on days during which school programs are in session except as in Item B. The City will have priority use of -open space sites after 4 :00 P.m. on days when school is in session and all other times, including weekends, holidays and summer vacation.- Exception to this schedule cam be agreed upon by the Director of Parks and Recreation and the Superintendent of Schools or designee. The City will cooperate with the District so as to give the District adequate opportunity to use each school site for its activities progrars and needs. B. The School District will have priority use of open. space sites during days /tires other than listed in Item LA for District activities such as summer school, school special events, after - school athletics, student care,% etc. Specific schedules` shall be agreed upon by the Director -of Paris and Recreation and the Superintendent of Schools or designee. Non school rela,led groups will be notified of school priority and may be required to relocate due to school special events. C. During school hours .the open space site may not tae used for public related recreational activities except in areas of the facility that are specifically set forth in Appendix A. The Director of Parks and Recreation and Superintendent of Schools or designee shall by mutual agreement determine those portions, if tiny, of the ripen 1 D. The City will be responsible for administering facility reservations for pubic use for each school site. The City will be solely responsible for determining a priority use system as well as fees to be charged to the public and /or organized groups for use of- .school sites during such times that the sites are under control of the Gity. Such fees will be required to conform to all applicable. rules, regulations, ordinances and/or laws, governing school grounds and District civic center use policy in addition io those' applicable to City property.,:-, Coples of the. City's reservation and priority use Policy will be provided to the District annually or upon modificatan: E Where school buildings are under lease by the District to private users, the Director of Parks and Recreation shall allow, such users reasonable use of recreation open,. space to meet the special - recreational needs of the user. Such requests may be granted when reasonable advance notice is given and the use does not interfere with public related recreational' activities, P. Members of the public and /or groups that use the District facility via a perrniI that is issued. by the City, will be required to adhere to all applicable n.iles, regulations, ordinances and /or laws, governing school grounds in.-addition to those .applicable to City property. G The City, with consent of District, will determine the placement of portable backstops as required in order to maintain acceptable fiel-- condition standards. H. The City will minimize the impact on District use of open, space sites during school hours, but ,,priority ,hall be given to City maintenance personnel and equipment between tho hours of 6:00 a.m. to noon as to area'to be maintained by City. For the purpose of provid'ng required turf and grounds maintenance, and with two weeks advance notice, the City may curtail all District use of those_ areas maintained by the City folir times during: the school year. The City will do so only If necessary, and for a: rnazirnum of one clay each time. General mainlenanno schedules including fertilization and spraying for the control of pests or growth will be coordinated by 2 6. the City's-'Superintendent ,Of Public Works pr his. designed and the District Si!e Administrator and :shalt provide ?or .the prolection of students and recreational users alike. -1. For the peJrpose of abating hazardous conditlons, the .City may. curtail District .use' of those 'areas, maintained by the: City -at any time and without prior notification. In such cases the. City will minimize the Dist6M's lack of access to the facility. J. At` least once annually, the, Superintendent of P" blic Works, the Superin, ndem of Schools and/or their. appropriate 'designated personnel will meet to discuss the use and maintenance of those areas criaintained by the City. K. EXcept issues concerning safety, any and all concerns or Issues of the District governing the general maintenance or iLise of those areas maintained by the City shall be cornmunlcat.;J to the City by the Superintendent of Schools or As Director of Business Support Services and shall be directed to the Superintendent of Public Works or. appropriate designee. AMENWEhlTS REVISIONS bR MQQIFICATIC?N5 A. CITY. and DISTRICT mazy mortify the adopted usage policy, from time to time upon mutual written agreement of, the City Manager of CITY and the Superintendent of DISTRICT or their designees. Superintendent Board of Eductillon Jtr,rh :. lt�r nr Sf ✓, incinr ;. .4n r„ •; n,- r ,,.r; I I iirrr� F: tV.�ilr? £.QUAL OPPORT1.11,11TV FMPLOYER Lyperltno Union School District May ' 2, 1991 Dorothy Cornelius City. Glwk: City of Cupertino 10300 Tore Avenue Cupertino, CA 95014 -3255 Dear Ms. Cornelius: We are enclosing two (2) copies of the , Agreement by and between the City of Gupertino, the Cupertino Union School District, ..and. -the Cupertino Schools Public Facilities Financing Corporation which have been fully ' executed: We look fo.rwa(d to our relationship with the ' City of Cupertino relating to the maintenance and improvements of = certain open space areas within certain ° school sites. Thank.you: Sincerely; Gerald F. Matranga Associate Superintendent, Business, GFM-ca Superintendent Board of Eductillon Jtr,rh :. lt�r nr Sf ✓, incinr ;. .4n r„ •; n,- r ,,.r; I I iirrr� F: tV.�ilr? £.QUAL OPPORT1.11,11TV FMPLOYER April 26,- 1991 Gerald Matianga' Associate Superi.iiten4ent, `Business Cupertino Linion School District 10301 Vista `Dr Gve Cupertino, CA 95014 Dear Mr. , - Matrarga: We are enclosing to you three (3) copies of the Agreement by and between the City of. Cupertino - and' the Cupertino union School District :of Santa Clara County and - Cupertino School Public Facilities Financing Corporation, which have been fully executed by City nEficials, along with three (3) Certified copies. Resolution No. 8377; which was-enact by the City C.auncil of the City of Cupertino, 'at their regular meet' ing of Monday, April 15, 1991. - After conipletion by the School District and Cupertino School Public Facilities Financing,Corporation, would -you please return two (2j copies back to this office. Thank YOU for your cooperation. Sincerely, � DORQ'm RNELSCIS CITY CL.ENK C.T,TY OF CUPERTINO DC! /so encl. cc: Department of ` Public Works t+1 MEAS, it is the policy of the city of Cupertim to work with the school districts to ;provide iointly for use of facilities within their respective jurisdictions; and 1,I 1S, the City and Cupertino 'Union , Sch ool District desire to pride for the improverent and.maintenance . of eight open space areas of certain existirKj school sites of District; and t�F S, 'an agreement to provide maintenance -and inprovea�r�:.nt of those open space. areas. has been reviewed by the City. council; NOW, THFIZMRE, BE IV RESOLVED that_ . the ;Mayor and City Clerk are hereby authorized to e:�c ute said ag -reement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular Meeting of the City. Council of the City of Cu a:tina this _ o5xh _ dx y of Apri I , 1991, - by the following vote; Vote Menbers :7E .the: CitX COUncil AYES: GoIdMan, -Rog,ers, Szabo, Koppel NOES: None ABSENT: So17ensen ABSTAIN: None APPROVED Barb- Kop_2el M.aycr, `city of Cupertino A'I'i ZT: /s/ _" Uo�c�tl� ,Cnrne].ius City Clerk A-MSOLUTION -OF-ME CITY :caJNc1L OF T m cm OF.. I .8...- .. L'`i41`1. TF%� CITY - OF cr .,AND CJPE TO UNION- SCHOOL ; "Dl Rx ".t tTF' i7xU14 . : SCHOOIS RIBLZC _ FAC1U —T.ES I NCING-= WRP'JF27� MON I'A UNG TO -14k WrENANCE lArtT)_ '(: NT : Q. C 'A IIJ'- O�fl _ t3PAGE . - 7 �y 7� � �!. ��Y1_ �r�.r.�+.� 1[ 7. :l:�I[1['LaR�7\:C1W',+�.1.Lti7 teik E it . iS the policy = of the City, of Cupex°tino to work w th tho ,. sphool '- di icts, -to : :pzvyide loint]y for rise =:bf facilities within their re c:t ve �ur.,sdictions; and �VN� r. : tt1G - City c11' d C �GinO Un1on 17istxi , das;1LP :to . .'..School provides yr :.��It' i roV l'knt and :maintenance of eight open 5pk'tm are .as' of certain exis. uig--school iites of District;`. and WH , ail :.afire c►ter-,t to pr vid�_maintienance atid'_ J ro,•mpent of those open sF ai as` h .s, been reviewed '�y "the `City C,(=Ci7 :NC1t ,_ ` �Mi M, i3E , IT PYML "V :. that- =the Mayor and C1 uy. Clerk. ate hereby, authorized . to_ w:e€ ite sail agreement = on . :behalf of - he City of Cupertino. PASSL'd . ADOP= at- 'a-. rejular- ing of :the City Council -of the City of Cupertino finis 15 t L_ ; d )f Air i l 1991, by tie fol]:�aitig vote: Votes Members of the City AYES.- an, Rogers, Szabo :Koppel NOES: Node 'rEtit I t i 1; , r S :tl�t. f Ton .' �,�►SENTo S.orenser. ABSTAIN: None 1 ' APPROVED: js / B. Epp, - I&iyor, - City- of 01Pp rtino F►MST /sl Doroth co nedius city Clerk 1)5 -arlt AMENDMENT TO AGREEMENT BETWEEN THE CITY QF . TPF.RTINO, TINO UNION SCHOOL DISTRICT, AND CUPERTINO SCHOOLS PUBLIC'— IES FINANCING CORPO ATT N pRTA_INING TO MAINTENANCE _ 4ENT OF CERTAIN O ACE AREAS WITH ERiAii SCHOOL SITES This First Amendment to the "Agreement Between The City of Cupertino, Cupertino Union School District, and Cupertino Schools Public Facilities Financing Corporation, Pertaining to Maintenance and Improvement of Certain Open Space Areas Within Certain School Sites ", dated April 26, 1991, is made and entered into this ILAth day of 10eC - .AA1QcC 2005. RECITALS 1. The 25 -year agreement was intended to provide maintenance and improvements of the school playfields by the City in exchange for the use of these playfields by City residents and others for sports activities within the City of Cupertino. 2. Under a periodic review of the costs of this effort by the City, the inflationary costs of maintenance has now resulted in an annual cost to the City of approximately $1,000,000 and it is expected that inflation for this kind of construction and maintenance work will continue to run between 3 -5% annually. THE PARTIES HEREBY AMEND THE AGREEMENT AS FOLLOWS: A. Cupertino Union School District will help offset inflationary costs of this maintenance agreement in the future by making an annual payment of $45,000.00 to the City of Cupertino. B. This payment is due and payable in full on September 30, 2005 and on September 30 of each and every year for the remaining period of the agreement, which ends June 30, 2016. All other terms and conditions in the Agreement remain in place and effect. Y OF CUPERTINO City Manager SCHOOL DISTRICT AS TO Attorney ATTEST: City Clerk CUPERTINO SCHOOLS PUBLIC FACILITIES FINANCING CORP.