13-147 Cupertino Union School District, Second Amendment for Maintenance Improvement of Open Space Areas (see 91-111, 05-091, 16-168)NO Pa
THIRD AMENDMENT TO EXTEND THE TERM OF THE 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 Third 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") is made and entered into this 4t' day of
August 2016.
RECITALS
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 Parties entered into a First Amendment to the Agreement to,
among other things, provide for an annual contribution by the Cupertino Union School District to
help offset inflationary costs of the City's maintenance obligation.
C. On September 24, 2013, the Parties entered into a Second Amendment to the Agreement to,
among other things, change the open space ball field site originally allocated at Faria School to
Collins School and establish additional requirements associated with this location change.
Hereafter, the term "Agreement" collectively refers to the original Agreement, the First
Amendment and the Second Amendment.
D. The Parties desire to amend the Agreement again to extend the agreement six months.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows:
1. Paragraph Four of the Agreement is modified to read as follows:
4. DISTRICT PROHIBITED FROM SELLING DESIGNATED SCHOOL
OPEN SPACE SITES:
District shall not sell, convey, or otherwise dispose of the open space sites which
are the subject of this agreement at the remaining schools through December 31,
2016 However, should District determine that it is necessary to reconfigure or
otherwise change the utilization of Eaton School, it may do so upon
reimbursement to City of amounts paid by City for said improvements to portions
of the open space reclaimed by DISTRICT.
Third Amendment to Agreement between City of Cupertino, Cupertino Union School District and Cupertino Schools Public
Financing Corporation Page 1
2. Paragraph Fifteen of the Agreement is modified to read as follows:
15. TERM OF AGREEMENT.
(a) This Agreement became effective upon the original execution thereof by all the
parties.
(b) The obligations set forth in Paragraph 3(b) of this Agreement shall continue
to be in force notwithstanding the termination of other provisions of this
Agreement pursuant to subparagraph (c), unless and until such obligations are
modified or repealed pursuant to Paragraph 18.
(c) This agreement shall terminate on December 31, 2016
3. 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.
Attest:
City of Cupertino
I VIC sj?� f
Grace Schmidt, City Clerk
Cupertino Union School District
G�
David Brandt, City Manager
keetO) 99 IAz -M T:4:' fz-
Wendy Gudalewicz, Sup i endent eAVOLPH
Cupertino Schools Public Facilities Financing Corporation
Dana Drysdal , resident
e-poSorV l�M
Third Amendment to Agreement between City of Cupertino, Cupertino Union School District and Cupertino Schools Public
Financing Corporation Page 2
Approved as to form:
Randolph Hom, City Attorney
Third Amendment to Agreement between City of Cupertino, Cupertino Union School District and Cupertino Schools Public
Financing Corporation Page
CUPERTINO
October 14, 2013
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • 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
SECOND AMENDMENT TO AGREEMENT_ BETWEEN THE CITY OF CUPERTINO, :
CUPERTINO UNION SCHOOL DISTRICT AND
CUPERTINO SCHOOLS PUBLIC FINANCING.CORPORATIOlo1
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
15,1991, is made and entered into this 24t" day of September, 2013..
RECITALS
A. On April 15, 1991, the Parties entered into a twenty=five year agreement (hereinafter
"A'greement") 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.-
On
upertino:Ori -December 14, 2005, the Parties 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 9 it is mutually agreed by and between and undersigned parties as
follows:
1. 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 construction 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 _ construction 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. An.
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 at 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 "lA,"- 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
By /o f �3
Grace Schmidt, City Clerk
CT
22L--� A�
David Brandt, City Manager
CUPERTINO SCHOOLS PUBLIC FACILITIES FINANCING CORPORATION
Dana Drysdale, sident
17
A P O SMFRM.
Carol Korade, City Attorney
APPROVED AS TO FORM:
Mark W. Kelley, Dannis Woliver'4,Kel y
Attorney for District
i�
Attachments:
Exhibit "IA,"- Collins School Site Diagram and Site Profile
Exhibit "2A"- Faria School Site Diagram and Site Profile
3
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Preliminary Concept to .+�..+e..
Collins Elementary school Y -
Cupertino, CA vtkw rAS)GN �..s w.
Facility Collins
Acreage (Turf) Current - 1.4 acres (240'x255') as of 02/.15/2014.
:Fields, Existing Open play field'
Youth Sports Permits, Existing None
Fields, Proposed 1 - baseball game
1. - baseball/softball Practice
Improvements; Proposed a) construct a little league field includin,- new backstop,.
dugouts, new turf, skinned infield, and renovations to the irrigation system
Amenities, Proposed: enclosed on -deck area
NO) backstops/permanent
backstops/portable
bathroom facilities
batting cage
bike racks
X 2 bleachers
concession stand
X (I) drinking fountain*
X 1 electrical outlet
*Multi -Sport Use
Comments: A2 no durngsters
Cost Estimate
Rev: 09/10/2013
flagpole
goal posts
_ homerun fence
phone (emergency)
X (2) ,shaded dugouts
X 1 skinned basepaths
storage
X trash cans' A)
2L(1) �tvater/quick coupler
Exhibit IA
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Exhibit 2A
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PARTIAL SITE PLAN
SCALE: V= 30'
Exhibit 2A.
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SITE PROFILE
Facility Faria
Acreage (Turf) Previous = 8.81 acres (5,70.45'x 673.20'). As of 7/15/2013
reduced by 0,196 acres 90'x 95' . Current= 8.61 acres,
Fields, Existing 2 -:soccer game
1 - baseball game
3 4 baseball practice
Youth Sports Permits, 'Existing AYS4 - Region 35, CYSA
Cupertino National Little League
Fields, Proposed 1 - soccer game
1 - baseball game
1 - 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 (])^ backstops/permanent
X_(1) backstops/portable
X bathroom facilities* A)
X batting cage B)
X (1) bike racks*
X (2) bleachers
X concession stand''
X (1 drinking fountain*
XXL electrical outlet
*Multi -Sport Use
X (1) enclosed on -deck area
- flagpole
X_goal pasts
Y (11 ,homerun fence
X . phone (emergency) * C)
X 2. shaded dugouts
X� (1) skinned basepaths
X(J) storages (6'x8 & 8'x 10')
X trash cans* i7)
X 1 Nater/quick coupler
Comments: A) Maybe modular, B) if space allows, C) must be enclosed in
Cost Estimate
Rev. 09/10/2013