09-117 Donate Mobile Skate Park to Valley ChurchAGREE~NT BE1'WEER CITY OF CUPERTINO ARD
VALLEY CH[TRCH PERTAIIIII~G TO THE DONATION
BY THE CITY TO THE 1~HURCH OF A
MOBII,E SKATE BO l,RD PARK
THIS AGREEMENT, for reference date~3 August 13, 2009, is by and between the
CITY OF CUPERTINO, a municipal corporation of the State of California ("City"), and
VALLEY CHURCH, a California not-for-profit corporation ("Valley Churchn) located within
the corporate boundaries of the City of Cupertino.
WHEREAS, City has a skate board Park ("Mobile Skate Parks consisting
of/described as five pieces of equipment on trailers the City is no longer interested in
keeping; and
WHEREAS, City has been unable to fn~d a purchaser for the Mobile Skate Park;
and
WHEREAS, Valley Church is willing to accept donation of the Mobile Skate Park
for use in youth-oriented programs; and
WHEREAS, the five Mobile Skate P~irk pieces are operable but need some
refurbishment and maintenance; and
WHEREAS, Valley Church has repre:~ented to the City that it currently has
sufficient funding to proceed with the operation and maintenance of the Mobile Skate
Park; and
WHEREAS, the parties desire to proceed with the transfer of the Mobile Skate Park
through a formal written agreement between them,
///
NOW THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged, the parties agree as follows:
SECTION 1. TRANSFER BY CITY.
City hereby agrees to transfer all rights to, title in and ownership of the Mobile
Skate Park to Valley Church no later than 8e:ptember 4, 2009, at which time all rights
to, title in and ownership of the Mobile Skab~ Park shall vest in Valley Church and no
longer remain in City.
SECTION 2. ACCEPTANCE BY VALLEY CHUF,CH.
At the time of transfer, Valley Church shall make arrangements on its own to pick
up and transport the pieces of the Mobile Skate Park to its property, at no cost to the
City.
Upon acceptance of the Mobile Skate P;~rk by Valley Church, Valley Church shall
become responsible for all maintenance and operation of the Mobile Skate Park, as well as
any taxes applicable thereto.
SECTION 3. INDEMNIFICATION AND INSURAiJCE.
Valley Church shall defend, indemnify and hold harmless City, its officer, agents
and employees from any claims, demands, actions, causes of action, losses, damages,
liabilities, known or unknown, and all costs and expenses, including reasonable
attorneys' fees, in connection with any death of or bodily injury to persons or loss of or
damage to property arising out of or in any vvay connected with the act, omission, or
negligence of Valley Church, its officers, emplo3~ees, agents, contractor, subcontractor or
any officer, agent or employee thereof in relation to the maintenance and operation by
Valley Church of the Mobile Skate Park.
///
2
ap~''S""q f,,~i
r`' ~`~~~, ~ i
~w''~ ~~.
.~.~jj4~ U, S. TREASIiRY DEPAR7'i1~lEiVT
Jca ~; INTERNAL F2EVENUE SERVIC$
b18TgICT t7ifiECTOii
SAN FRArICISCO 2, CALIF.
9~-3t37; 343
Januar;r 23, 1961
Valley Bibls Church of Santa Clara County
10885 North SteLinS Road
Cupertino, California
--- Gentlemen:
IN pRPLY pt-[R TO
RF>,sF FL-lo3
A:I~ :rco: TJr~:1605
SF: E0:61_25
Your application for exemption from Federal in~:ome tax under the provisions of section 501(s)
of the Internal Revenue Code of 1954, ae en ory;anization described in section 601(c) (3) of
the Code, has been considered.
It is the determination of this office, based upcm the evidence presented, that you are exempt
from Federal income tax es an organization dee~cribed in section SOl(c)(3) of the Internal Reve-
nue Code of 1954, as it is shown that you are rrganized and operated exclusively for religious
purposes.
Accordingly, you are not required to file income tax returns unless you change !'fie character of
your organization, the purposes for which you were organized, or ynur method of operation. Any
such changes should be reported immediately to the above District Director of Internal Revenue,
in order that their affect upon your exempt status may be determined.
It will not be necessary for you to file the annue~l return of information, Form 990 A, generally
required of organizations exempt from Federal iricome tax under section 541(c)(3) of the Coda,
as you come within the specific exceptions contained in section 6033 (a) of the Code.
Contributions made to you aro deductible by the donors in computing their taxable not income in
the manner and to the extent provided by section 170 of the ).954 Coda.
Bequests, legacies, deviseB, oc transfers, to or for your use are deductible in computing the value
of the net estate of a decedent for estate tax pui°poFOS in the manner and to the oxtont provided by
suctions 2015 and 2106 of the Intcrnnl Revenue Codo of 1954.
Gifts of property to you aro deductible in computing net gifts for ,aift tax purposers in the manner
and to th_o oxtont provided by section 25h2 of they Internal Rovenuo Code of 1954.
No liability is !scarred by you for the tnxes impasod under the Fadwral Insurance Contributions Act
(social security taxes) unlasr- yon have filed s waiv®r of exemption c®etificnto in acrordnnce with
the applicable provinions of such l~ct. In the event you desire social security coverage for your
employeet~ but have not filed a wniver certificate you should take the mnttvr up with thin office.
Tax liability is not incurred by you under the Fe~ferel Unemployment Tax Act by virtue of section
3306(c)(g} of such Act.
-2-
Your attention is cellyd to the provisions of section 501(c)(3) of tl~e Internal Revenue Code of 1954
under which your exemption will be revoked if any substantial part of your activities consists of
carrying on propaganda, or otherwise attempting, to influence legislation, or if you participate in,
or intervene in (including the publishing or distributing of statements), any political cnmpaign on
behalf of any candidal.e for public office.
It is important that any change in your mailing address be reported at oncC to the above District
Director of Internal Revenue, attention: Chief, Collection Division.
Very truly yours,
Cla de~'. Salter
Chief, /audit Division
11~5[~' l: i.-103 (REV. 7-58) SF•7429
2~/~S~
~w~