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02-040 Valley Church (2 agreements)~ I i- ~ ~ ~_ J AGREEMENT BETWEE~J CITY OF CUPERTINO ArID VALLEY CHURCH This AGREEMENT is made and entered into on ~~~~, 2002 (EXECUTION DATE), by the CITY OF CUPERTINO a municipal corporation of the State of California, hereinafter designated as CITY, and VALLEY CHURCH, 10885 North Stelling Road, Cupertino, CA 95014. RECI~['ALS WHEREAS, the CITY OF CUPERTINO and VALLEY CHURCH wish to convey a message to youth and Teens that they are valued in Cupertino; anti WHEREAS, the CITY OF CUPERTINO and VALLEY CHURCH desire to cooperatively offer skating opportunities to youth and teens in the commu~iity, while creating a safe supervised, wholesome and fun recreation experience; and WHEREAS, the CITY OF CUPERTINO Parks and Recreation Department has purchased a mobile skate park for use at several sites in Cupertino; and site; follows: WHEREAS, VALLEY CHURCH agrees to locate the skate facility at the VALLEY CHURCH NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as SECTION I TERM OF AGREEMENT The term of this AGREEMENT shall commence on Apri129, 2002 and end in four months. This AGREEMENT shall be renewable with the written agreement of both parties. SECTION II DESCRIPTION OF PROJECT The CITY shall provide a mobile skate park to be located at the VALLEY CHURCH site. VALLEY CHURCH shall provide a gated lot to store the skate park pieces and a location where the program will be available on a schedule that is mutually agreed upon by both parties for four months on a trial basis. The CITY will provide porta-potties on the: site for use during program hours. The CITY will be responsible for the cost, coordination and schedulin of staff and supplies for maintenance and supervision of the skate park. SECTION III FACILITIES VALLEY CHURCH shall provide a lot for the storage of the skate park and a location for the skate program, which will be held on days and times mutually agreed upon by the parties. The CITY will provide at least one porta-pottie at the site for use during the program hours. CITY will provide the mobile skate park, whi<;h will consist of the pieces listed on Exhibit A, attached hereto and incorporated herein by reference. City will also provide maintenance of the skate park pieces and the site including garbage pick-up, graffiti clean up and other maintenance incidental to skate park usage. The CITY will provide its staff with a mobbile cell phone during program hours. SECTION IV STAFIFING The CITY shall assign a Coordinator for the PROGRAM who will act as CITY's representative and liaison to the VALLEY CHURCH on matters regarding the PROGRAM. The CITY will supervise the skate park with 2;-4 City employees who will supervise participants, enforce rules, maintain and evaluate equipment safety, and move equipment. Staff will be trained in the operation of the skate pieces and department vehicle u:;age. The CITY will provide staff for maintenance of the site incidental to skate park usage. The CITY shall be solely responsible for the hiring, coordination, and payment of CITY staff for the skate park program. For scheduling and site coordination, the VALLEY CHURCH will appoint a VALLEY CHURCH employee who will be available to act as a liaison betv~een the CITY staff and VALLEY CHURCH. SECTION V REGISTF:ATION Registration policies for use of the skate park .shall be set forth by the CITY Recreation Department. The CITY will process the individual registration forms and collect all Waiver of Liability forms signed by parents. The CITY will maintain emergency contact information for program participants on site during program hours. SECTION VI INDEMNIFICATION The CITY agrees to indemnify VALLEY CHiJRCH, its members, officers, designated agents, employees and directors from any and all injury, damage and liability, including reasonable costs of defending any claim, caused by or arising out of the performance of this AGREEMENT. The CITY shall not be liable for injury or damages occurring as the result of use of the skate park exclusively for VALLEY CHURCH functions or events. The CITY will allow \/ALLEY CHURCH exclusive use of the skate 2 facility on one day per month on a schedule that is mutually agreed upon by both parties. The CITY will require its staff to be present during any use of the skate facility equipment. The CITY shall not be liable for damages cau;~ed by the intentional or negligent acts or omissions of VALLEY CHURCH, its members, officers, designated agents, employees and directors. SECTION VII COSTS AND ACCOUNTING All costs of the skate park program shall be p<<id by CITY. CITY Parks and Recreation Department shall be responsible for maintaining an ac~:ounting of all expenses incurred as a result of the skate park program. SECTION VIII GENERAL TERMS ~~ND CONDITIONS INSURANCE: The CITY shall provide VALLEY CIIURCH with proof of insurance if required by VALLEY CHURCH'S insurer. MODIFICATIONS AND ASSIGNMENTS: This AGREEMENT shall not be assigned, transferred or modified unless by written amendment duly executed >^~y the parties to this AGREEMENT. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons under this agreement because of race, color, national origin, ancestry, religion, or sex of such person. PROJECT TERMINATION: The PROJECT set out in Section II of this Agreement can be terminated without penalty by either the CITY or VALLEY CHURCH at any time and for any reason, upon a two week written notification to the other party. Upon can~~ellation of the PROJECT, the CITY will, within a reasonable time, remove the mobile skate park from VALLEY CHURCH. This AGREEMENT shall become effective upon its execution by the CITY and VALLEY CHURCH. In witness thereof, the parties have executed this AGREEMENT on the day and year first written above. VALLEY CHURCH: CIT`r': BY BY~ ~ ~ 4~.- -yt.f Ti t.- ~~ ~~~.f~n ~P Title Cam' . a-~. _ Date _ 'y /~ °2 /d ~ t, Date `'~ Z ~{ , O'Z APP(ZOVED S TO FO CIT`t ATTORNEY by~`J ~7' CITY OF CUPEI~TINO _ June 18, 2003 VALLEY CHURCH C/o Mr. Dave Carlsen 10885 North Stelling Road Cupertino, CA 95014 Dear Dave, Cupertino Parks and Recreation Department 10185 North Stelling Road Cupertino, CA 95014 408-777-3120 Fax:408-777-3137 Please find enclosed the proposed copy of the Agreement between Valley Church and the City of Cupertino for the use of parking lot space for the city's Mobile Skate Park. The Agreement covers the months of June- August 2003. I am confident that our partnership will continue to provide a valuable service to l:he youth and teen population in Cupertino. Please note that the format of our Mobile Skate Park has changed since our last Agreement in 2002. The program will no longer have limited program hours or be supervised daily by city staff, but will remain open to the public, unsupervised. The Skate pieces, however, will be equipped with a locking mechanism that will enable them to be locked in an effort to prevent access during evening and early morning hours. Signs will be posted that indicate operating hours to be 8:00 am-dusk. Registration will no longer be collected by the city and the program will be free to all participants. To ease your concerns, a listing of rules will be posted on site and the Agreement still includes an Indemnification section. (Section V) Please review the attached Agreement and forward to the appropriate parties for approval. Please do not hesitate to contact Kim Frey or myself at 777-3120 if you have any further questions or concerns. We look forward to working with Valley Church during the upcoming summer season. Sincerely, Christine Hanel Recreation Supervisor Printed on Rec.icled Paper AGREEMENT BETWEEl`1 CITY OF CUPERTINO AND VALLEY CHURCH This AGREEMENT is made and entered into on ~ ~ , 2003 (EXECUTION DATE), by the CITY OF CUPERTINO a municipal corporat on of the State of California, hereinafter designated as CITY, and VALLEY CIiURCH, 10885 North Stelling Road, Cupertino, CA 95014. RECITALS WHEREAS, the CITY OF CUPERTINO and VALLEY CHURCH wish to convey a message to youth and Teens that they are valued in Cupertino; and WHEREAS, the CITY OF CUPERTINO and VALLEY CHURCH desire to cooperatively offer skating opportunities to youth and teens in the community, while creating a safe, wholesome and fun recreation experience; ar~d WHEREAS, the CITY OF CUPERTINO Parks and Recreation Department has purchased a mobile skate park for use at sites in Cupertino; and WHEREAS, VALLEY CHURCH agrees to locate the skate facility at the VALLEY CHURCH site; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: SECTION I TERM OF AGREEMENT The term of this AGREEMENT shall commence on June 1, 2003 and end in three months. This AGREEMENT shall be renewable with the written agreement of both parties. SECTION II DESCRIPTION OF PROJECT The CITY shall provide a mobile skate park to be located at the VALLEY CHURCH site. VALLEY CHURCH shall provide a gated lot to store the skate park pieces and a location where the program will be available on a schedule that is mutually agreed upon by both parties for three months on a trial basis. VALLEY CHURCH will arrange for the porta~ottie and the CITY will reimburse VALLEY CHURCH monthly for half cf the monthly cost of the porta-pottie. The CITY will be responsible for the cost and coordin~ition of staff and supplies for maintenance and operation of the skate park. SECTION III FACTT,TTTF,S VALLEY CHURCH shall provide a lock~;d lot for the storage of the skate park and a location for the skate program, which will be held on days and times mutually agreed upon by the parties. VALLEY CHURCH will provide at least one porta-pottie at the site for use during the program hours. The cost of the porta-pottie will be split evenly between both parties. CITY will provide the mobile skate park, which will consist of the pieces listed on Exhibit A, attached hereto and incorporated herein by reference. City will also provide maintenance of the skate park pieces and the site including garbage pickup, graffiti clean up and other maintenance incidental to skate park usage. SECTION IV STAFFING The CITY shall assign a Coordinator for the PROGRAM who will act as CITY's representative and liaison to the VALLEY Cl:[URCH on matters regarding the PROGRAM. The CITY will provide staff for maintenance of the site incidental to skate park usage. The CITY shall be solely responsible for the hiring, coordination, and payment of CITY staff for the skate park program. For scheduling and site coordination, the'dALLEY CHURCH will appoint a VALLEY CHURCH employee who will be available to act pis a liaison between the CITY staff aryl VALLEY CHURCH. SECTION V INDEMNIF:[CATION The CITY agrees to indemnify VALLEY CHURCH, its members, officers, designated agents, employees and directors from any and all injury, damage and liability, including reasonable costs of defending any claim, caused b:y or arising out of the performance of this AGREEMENT. The CITY shall not be liable for injury or damages occurring as the result of use of the skate park exclusively for VALLEY CHURCH functions or events. The CITY will allow VALLEY CHURCH exclusive use of the skate fa<;ility on one day per month on a schedule that is mutually agreed upon by both parties. The CITY shall not be liable for damages caused by the intentional or negligent acts or omissions of VALLEY CHURCH, its members, officers, designated agents, employees and directors. SECTION VI COSTS AND ACCOUNTING CITY shall pay all costs of the skate park program. CITY Parks and Recreation Department shall be responsible for maintaining an accounting of all expenses incurred as a result of the skate park program. SECTION VII GENERAL TERMS ~~ND CONDITIONS INSURANCE: The CITY shall provide VALLEY' CHURCH with proof of insurance if required by VALLEY CHURCH'S insurer. MODIFICATIONS AND ASSIGNMENTS: This AGREEMENT shall not be assigned, transferred or modified unless by written amendment duly executed by the parties to this AGREEMENT. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons under this agreement because of race, color, national ori;in, ancestry, religion, or sex of such person. This AGREEMENT shall become effective upon its execution by the CITY and VALLEY CHURCH. In witness thereof, the parties have executed this AGREEMENT on the day and year first written above. VALLEY CHURCH: By Titl ~~/~- ~/-/Q'2 Date 6 d ~ CITY: P,y ~ ~ Co° , Title Date A.PPROV D AS T~ ~ L~ ,2 ~~, CITY ATTORNE F,XHTFtTT A Skate Mobile Pieces 1. QUARTER PIPE: Dimensions should be 8' wide x 4' tall x 11' long with a standing platform 4' x 8' w/ a handrail 3.5' tall. 2. SPINE :Dimensions should be 8' wide x 3' tall x 10' long 3. QUARTER PIPE: same as description #1 4. DOUBLE BANK: Dimensions will be 8' wide x 3' tall x 20' long with 20-30 degree banks on both sides, the piece should include ;~ kinked grind box at 16" high the entire length on one side and an adjustable height grind rail the entire length of the other side. 5. TABLE TOP/ ROLL IN COMBO: Dimensions for the tabletop are 5' tall with a 6' x 4' flat top and a short steep bank between 35-40 degrees. The roll in will have 8' radius transitions from front to back and partial bank panel on backside. The following pieces of equipment will only be utilized when city staff is present to supervise the equipment. 6. GRIND RAIL: Dimensions 12' long with an adjustable height of 12-18" with a 2" square top. 7. LAUNCH RAMP (2): Dimensions should be 2' wide x 1' tall x 4' long launch ramp pressed out of aluminum 8. GRIND RAIL: Dimensions should be 8' long with an adjustable height of 12-18" with a round top. 9. GRIND BOX: Dimensions should be 2' wide x 1' tall x 8' long with adjustable feet to allow for height adjustment.