16-168 Cupertino Union School District (CUSD) Pertaining to Maintenance and Improvement of Certain Open Space Areas Within Certain School Sites (see 91-111, 05-091, 13-147)AGREEMENT BETWEEN CITY OF CUPERTINO, CUPERTINO UNION SCHOOL
DISTRICT PERTAINING TO MAINTENANCE AND IMPROVEMENT OF CERTAIN
OPEN SPACE AREAS WITHIN CERTAIN SCHOOL SITES
THIS AGREEMENT, made and enter ed into by and between CITY OF CUP ERTINO , a
municipal corporation of the State of California, herein called "CITY" and the C UPERTINO
UNION SCHOOL DISTRICT OF SANTA CLARA COUNTY herein called "DISTRICT";
RECITALS:
WHEREAS , section 10900 et seq. of the Education Code authorizes cities and school
districts to organize, promote and conduct programs of community recreation for the promotion
and attainment of general educational and recreational objectives , and to con struct, maintain and
operate recreation centers, in c luding playgrounds and outdoor play in g FIELDS ; and
WHEREAS , section 10905 of the California Education Code auth o ri z es public authorities
to enter into agreements with each other for the maintenance of recreation centers ; and
WHEREAS , section 10910 of the Education Code provides that the governing body of an y
school district ma y use or grant the use of grounds of the school district to any other public
authority for the purposes of such Act, whenever such use does not interfere with schools uses ;
and
WHEREAS , the Parties have jointl y kept open for school student and general public use in
the City certain open space areas at the elementary and middle schools , and they desire to continue
arrangements for their common use ; and
WHEREAS , it is the policy of CITY and DISTRJCT to maintain recreational facilities
within their respective jurisdictions in order to maximize recreational opp01iunities for both the
students of DISTRICT and the residents of CITY, and in order to reduce capital and operational
costs to both CITY and DISTRICT; and
AGREEMENT B ETWEEN CITY OF C U PERTIN O, C UPERTINO U N ION SCHOOL DISTRICT PE RT A IN IN G T O M AINTENANCE AND I MPROVEMENT OF
CERTAIN OPEN SPACE ARE AS W IT HIN CERT AIN SCHOOL SITES 2 0 17 -2032
Pag e 1 of 18
WHEREAS , CITY and DISTRICT desire to provide for continued maintenance of nine (9)
open space areas of certain existing school sites ofDISTRJCT on a long-term basis ; and
WHEREAS , the Parties are interested in continuing a long-term , joint funding arrangement
under which the CITY will continue to undertake the maintenance of certain open space areas at
eight (8) elementary schools and one (1) middle school locations to enhance their usability by
school students and the general public ,
WHEREAS , it is the intent of CITY and DISTRICT that the land which is the subject of
this Agreement continue to be used or open space and recreational purposes, be improved to
enhance such use , without interfering with the instructional programs at the sites , as provided
herein ;
NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set
fo1th , and pursuant to the provisions of the Education Code hereinafter referred to , it is agreed as
follows:
1. DEFINITIONS
The tenns used in this Agreement will have the meanings set forth below, unless context clearly
indicates otherwise.
a. "BUSINESS MANAGER" means the Chief Business Official of the DISTRJCT, including
any authorized representative.
b. "CAPITAL IMPROVEMENT" (collectively, the "CAPITAL IMPROVEMENTS ") means
any improvement which has a stand alone cost exceeding $20,000, or which has a useful
life of, or whose useful life can be extended, at least five to seven years, or which has a
useful life of at least five to seven years after it is capable of providing a functional use.
AGREEMENT BETWEEN CITY OF C UPERTIN O, CUPERTLNO UNION SCHOOL DI STRICT PERT AINING TO M AINTENANCE AND IMPROVEMENT OF
CERTAIN OPEN SP ACE AREAS WITHIN CERTAIN SCHOOL SITES 20 17-2032
Page 2 of 18
c. "CAPITAL IMPROVEMENT ZONE" (collectively, the "CAPITAL IMPROVEMENT
ZONES") means areas of the open s pace as noted in Attachment 1 that the DISTRICT may
construct CAPITAL IMPROVEMENTS w ithout the CITY 's approval. Attachment 1 and
its Exhibits are incorporated by reference herein.
d. "CITY" means the City of Cupertino
e. "CITY MANAGER" means the City Manager of the CITY , including any authorized
representative .
f. "DIRECTOR" mean s the Director of Public Works of the CITY, includin g any
authorized representativ e or designee.
g. "RECREATION DIRECTOR" means the Director of Recreation & Co mmunity Services
of the CITY , in c ludin g any authorized re presentative or designee.
h. "DISTRICT" means the Board of E ducation.
1. "FIELD " ( collectively, the "FIELDS ") means any o ne of the athletic field areas referred to
in the de scription of "OPEN SPACE AREAS ".
J. "IMPROVEMENT" (collectively, the "IMPROVEMENTS") means any phy s ical addition ,
alteration, or bettennent of the OPEN SPACE AREAS.
k. "LAW" (collectively, the "LAWS ") means an y code, statute, constitution , ordinance ,
resolution , regulation , rule , judicial decision , administrative order, or other requirement of
and municipal , county, state, federal , or other governmental agency or authority having
jurisdiction over the parties or the Schools , in effect at the time of execution of the
Agreement or at an y time during the term hereof, including without limitation , any
regulation or order of an official entity or bod y.
AGREEMENT BETWEEN CITY OF CUPERTINO, CUPERTINO UNION SCHOOL D I STR ICT PERTAINING TO MAINTENANCE AND I MPROVEMENT OF
CERTAIN OPEN SPACE AREAS WITHlN CERTAIN SCHOOL SITES 2017-2032
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I. "MAINTENANCE" means the care and servicing on an ongoing and repeating basis by
personnel for the purpose of maintaining OPEN SP ACE AREAS in proper condition , proper
working order, sound upkeep , safe condition , in good repair, by prov iding for systematic
inspection , detection , and correction of incipient failures either before they occur or before
they develop in to major defects. It includes the inspection, replenishment, preservation ,
adjustments , and replacement of unserviceable parts and components , including, but not
limited to irrigation and drainage systems. It includes mowing, edging and other hardscape
care similar to those conducted at CITY park locations.
m. "OPEN SPACE AREAS " means the open space areas including athletic FIELDS and
related amenities , the dimensions of which for reference purposes are outlined below limits
of which are shown in Attachment 1. Site plans included in this agreement are presented as
Exhibits A through I of Attachm ent 1. Each Exhibit consists of site diagrams and site
profiles of real property encompassing an OPEN SP ACE AREA within real prope1ty
consisting of a school site of DISTRICT. For purposes of this Agreement, whenever
reference is made to school OPEN SPACE AREA , such reference shall be construed to
pertain to the areas described below:
OPEN SPACE AREAS MAINTAINED BY CITY AREA EXHIBIT PROFILE
Collins Elementary School open space site 2.51 A A.I
Eaton Elementary School open space site 4 .58 B B.1
Faria Elementary School open space site 4.18 C C.I
Garden Gate Elementary School open space site 2.97 D D .I
Lincoln Elementary School open space site 3.10 E E.1
Re!l11art Elementary School open space site 4 .12 F F. I
Stevens Creek Elementary School open space site 3.14 G G.I
Hyde Middle School open space site 7.87 H H.l
Kennedy Middle School open space site 13.35 I I.l
AGREEMENT B ETWEEN CITY OF CUPERTIN O, CU PERT INO UN ION SCHOOL D IST RI CT P ERTAINING T O MAINTENANCE AND I MPROVEMENT O F
CERT A1N OPEN SPACE AREAS W ITHIN CERT A1N S CHOO L SITES 20 I 7 -2032
Pag e 4 of 18
n. "PROVISION" (collectively, the "PROVISIONS ") means any agreement, clause, condition ,
covenant, qualification , recital , restriction , reservation , term , or other stipulation in this
Agreement that defines or otherwise controls, establishes, or limits the performance
required or permitted by any pa11y to this Agreement. All PROVISIONS , whether
covenants or conditions, which are applicable to the DISTRICT, will be deemed to be both
the covenants and conditions.
o. "SITE PLAN" designates the limit of the OPEN SPACE AREAS at each and every location
and as shown in Attachment 1. Note that Exhibits A through Exhibit I reflect current
conditions with no changes proposed by the City.
p . "SCHOOL" (collectively, the "SCHOOLS ") means any one of the following elementary
or middle school s : Collins Elementary School , Eaton Elementary School , Faria Elementary
School , Garden Gate Elementary School , Lincoln Elementary School , Regnai1 Elementary
School , Stevens Creek Elementary School , Hyde Middle School , and Kennedy Middle
School.
q. "SUPERINTENDENT" means the Superintendent of schools for the DISTRICT, including
any authorized representative or designee.
AGREEMENT B ETWEEN Crrv OF CUPERTI NO, C UP ERTI NO UN ION S CHOOL D ISTR ICT P ERTAINING T o MAINTENANCE AN D IMPROVEMENT OF
CERTAIN OPEN S PACE AREAS WITHJN CERTAIN S CHOOL S ITES 20 17-2032
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2. CITY MAINTENANCE OBLIGATION FOR SCHOOL OPEN SPACE AREAS
a. Commencing on January 1,2017 , the CITY , at its cost and expense , will mow , trim, fertilize
and perform other MAINTENANCE work of a general nature at the OPEN SP ACE
AREAS , in accordance with the CITY 's quality standards for parks and at a level that is
equivalent with other park locations maintained by the CITY. The CITY will directl y pay
for the cost of water associated with OPEN SPACE AREAS maintained by the City and
will be reimbursed for the cost of water per Paragraph 6 "Consideration Between the
Parties". Any or all services required to maintain and renovate the OPEN SPACE AREAS
maintained b y the City may be performed by licensed contractors hired and managed by
the CITY.
b. In performing MAINTENANCE at designated OPEN SPACE AREAS as noted in
Attachment 1, the CITY will use its best efforts to prevent interference with the
DISTRICT's use of the OPEN SPACE AREAS during regular school hours and priority
shall be given to CITY personnel and equipment between the hours of 6:00 a.m. to noon or
as needed with notification to the DISTRICT. CITY may access OPEN SPACE AREAS at
any time for routine and emergency MAINTENANCE purposes and will provide the
DISTRICT with a mowing schedule for OPEN SPACE AREAS annually . For the purpose
of providing MAINTENANCE, up to four times during the school year , with three (3)
weeks advance notice, the CITY may require DISTRICT to curtail all use of those areas of
the OPEN SPACE AREAS needed for MAINTENANCE. The CITY will do so only if
necessary, and for a maximum of one day at a time.
c. All gates providing access to all OPEN SP ACE AREAS shall be Jocked with both CITY
AGREEMENT B ET WEEN C ITY OF CUPERTINO, CUPERTINO UN ION SCHOOL D IST RJ CT P ERTAINING T O M A INT ENANCE AN D IMPROVEMENT O F
CERTAIN O PE N SPACE AREAS WITHIN CERTAIN S C HOOL S IT ES 20 17 -2032
Pa ge 6 of 18
and DISTRICT Jocks in a manner that provides dual access. In the case where only a single
lock can be used , the DISTRJCT shall supply the Jock and provide the CJTY with two (2)
keys for each Jock used.
d. For the purpose of preventing or abating hazardous conditions , the CITY may require that
DISTRJCT curtail use of OPEN SPACE AREAS at OPEN SPACE AREAS maintained by
the City as noted in Attachment 1 at any time and without prior notification , until the
hazardous conditions are remedied. In such cases the CITY will minimize the DISTRJCT's
lack of access to the OPEN SPACE AREA. FIELDS may be closed to public use by the
CITY from December through February ; however DISTRJCT may continue to use FIELDS
at their discretion and only if conditions are safe and use will not damage FIELD to the
extent that non-routine MAINTENANCE is required to repair damage or unless otherwise
notified by the CITY. DJ STRICT shall not use FIELDS maintained by the CITY if the CITY
has notified the DISTRJCT specifically to not use the FIELDS and the FIELDS and are
fenced off and signed as closed.
e. The CITY may apply pesticides to OPEN SPACE AREAS maintained by the City only on
days when school is not in session and students will not be using the OPEN SPACE
AREAS. A minimum of one (1) week's advance notification will be provided by the CITY
to the DISTRJCT for every occasion a pesticide is applied to any OPEN SPACE AREA.
CITY shall post notification signs for outdoor pesticide applications as required by State
Jaw.
f. CITY will provide advance notification when a contractor managed by the CITY will access
OPEN SPACE AREAS maintained by the City. Contractor personnel must be in their
company 's standard uniform at all times they are maintaining OPEN SPACE AREAS and
AGREEME NT BETWEEN CITY OF C UPERTINO , CUPERTINO UNION SCHOOL DISTRICT PERTAINING TO M AINTENANC E AND IMPRO VEME NT O F
CERTAIN OPEN SPACE AREAS WITHIN CERTAIN S CHOOL SITES 2 0 17-2032
Page 7 of 18
directly supervised by CITY personnel.
g. Any and all concerns or iss ues of the DISTRICT governin g th e MAINTENANCE or use of
OPEN SPACE AREAS maintained by the CITY shall be co mmunicate d w ithin t we nty four
(24) hours to the CITY by the Superintendent or Designee and shall be direct ed to the
DIRECTOR.
h. Prior to the beginning of the academic school year, the DIRECTOR and
SUPERINTENDENT or Designee w ill meet to di sc uss the use and MAINTENANCE of all
OPEN SPACE AREAS .
1. The MAINTENANCE on sites applie s only to those OP EN SPACE AREAS primaril y
designed , intended and used for recreational activity, includin g, but not limited to athletic
FIELDS , baseball diamonds , soccer FIELDS and /or approved equipment (including but
not limited to storage of City permitted equipment).
J . The MAINTENANCE obligations undertaken by CITY only include the areas wi thin the
boundaries of the Attachment 1, Exhibit A through Exhibit I site diagrams . Such
MAINTENANCE shall be at the cost and expense of CITY.
3. WATER CONSERVATION
The CITY may implement and impose all water conservations measures at the OPEN
SPACE AREAS noted in Attachment 1, Exhibit A through Exhibit I as set forth in the
Cupertino Municipal Code Section 15.32.050 .
4. CAPITAL IMPROVEMENTS
a. The DISTRICT may, at its sole cost and expense , make temporary or permanent
AGREEMENT BETWEEN CITY OF CUPERTINO, CUPERTINO UNION SCHOOL DISTRJ CT PERTAINING T O MAINTENANCE AND IMPROVEMENT OF
CERTAIN OPEN SPACE AREAS WITHIN CERTAIN SCHOOL SITES 2017-2032
Page 8 of 18
capital improvements in those areas of the Facilities identified as Capital Improvement
Zones on the Facilities Site Plans w ithout appro val b y CITY. DJSTRICT shall provide
a minimum of si x (6) months ' notice to CITY of all capital improvements. The
DISTRICT, at its sole cost and expense, will maintain and repair an y capital
improvements.
b. The DISTRICT may, at its sole cost and expense , make temporary or permanent
capital impro vements in those areas of the Facilities not identified as Capital
Improvement Zones on the Facilities Site Plans only with appro val by CITY. DISTRICT
shall provide a minimum of six (6) months ' notice to CITY of all capital improvements .
The DJSTRICT, at its sole co st and expense, w ill maintain and repair an y capital
improvements.
c. The CITY may, at its sole cost and expen se, make temporary or pennanent capital
improvements in all areas of the Facilities only with approval b y Council and Board
of Education . CITY shall provide a minimum of six (6) months ' notice to DISTRICT
of all capital improvements. The CITY , at its sole cost and ex pense, will maintain and
repair an y capital improvements .
d . If either party during the term of this Agreement seeks the installation of substantial
IMPROVEMENTS not inc lud ed in SITE PLANS (Attachment 1) to one or more OPEN
SP ACE AREAS in this Agreement, this Agreement shall be amended. The cost and
expense of preparation of such amendment shall be borne by the party proposing it, or shall
be borne jointly if CITY and DISTRJCT jointly proposed it. No such amendment shall be
effective unless and until it shall have been approved by the governing boards of CITY and
DISTRICT.
AGREEMENT B ETWEEN C ITY OF CUPERTINO, CUPERTINO UNION SCHOOL DISTR ICT P ERT AINING T O M A INTENANCE A N D I MPROVEMENT OF
CERTAIN OPEN SP ACE ARE AS WITHJN CERTAIN SCHOOL SITES 2017-2032
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5. USAGE OF FACILITIES
a. The DISTRJCT will have use priority of all OPEN SPACE AREAS between th e hours of
8:00am and 4:00pm on scheduled school da ys , through the regular academic school year.
When proper notice is provided by the DISTRJCT, the CITY w ill make every attempt to
accommodate DISTRICT activities taking place after 4:00pm ; however if the CITY ha s a
previously scheduled pennit in conflict of the DISTRICT request, the CITY pennit will
have priority. Approved DISTRICT activities that ex tend beyond 4:00pm shall be
permitted through the CITY at no co st to the DISTRICT. For these properl y scheduled
events , the DISTRJCT has s ole responsibility to re strict public acce ss to an y OPEN SPACE
AREAS during those times. A Facility Use Permit requestin g interscholastic events taking
place after 4 :00pm on all OPEN SPACE AREA(s) including dates , times and duration are
to be submitted by the DISTRJCT to the CITY at lea st one month prior to the beginning of
each school year and at least one month prior to an y change or additional request being
anticipated. Any changes or additional requests will be submitted in the fonn of a new
Facility Use Permit. The CITY shall provide the DISTRICT a list of approved permits for
OPEN SPACE AREAS. The DISTRJCT and CITY shall meet quaiterly to review all
approved permits for OPEN SPACE AREAS and an y DISTRJCT after hour usage requests .
b. The CITY will have use priority of the elementary and middle school facilities at all OPEN
SPACE AREAS after 4:00pm on scheduled school days and at all other times , including
weekends , holidays , and summer vacation periods similar to public parks . Exceptions to
this use priority schedule may be agreed upon , in writing, by RECREATION DIRECTOR
and BUSINESS MANAGER. The CITY will cooperate with the DISTRJCT in a manner
which will afford the DISTRJCT an adequate opportunity to use the OPEN SPACE AREAS
AGREEMENT B ETWEEN CITY OF CUPERTINO, CUPERTINO UN ION SCHOOL DISTRICT P ERTAINING TO MAJNTENANCE AND I MP ROVEMENT OF
CERTAIN OPEN SPACE AREAS WITHlN CERTAIN SCHOOL SITES 2017-2032
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for its activities , programs and other needs.
c. The CITY , at its sole cost and expense , will administer public exclusive use permits of all
OPEN SPACE AREAS in accordance with the CITY 's permit policies. All permit holders
will be notified of DISTRICT rules concerning use of any OPEN SPACE AREAS. The
CITY will solely be responsible for determining the parameters of the use priority system
and schedule , as well as permit or user fees to be charged to members of the general public ,
including individuals and organized groups, for the use of any OPEN SP ACE AREAS
during such times as the CITY may exercise use priority. Such fees will conform to the
Laws governing school grounds and those which are applicable to the CITY 's property . The
CITY will retain all fees collected for the use of any OPEN SPACE AREAS covered by
the Agreement. Any person or group pennitting OPEN SPACE AREAS shall have equal
access to parking on school property on a first-come , first-served basis and according to
any use restrictions posted by DISTRICT.
e. The CITY shall monitor and enforce the use of any OPEN SP ACE AREAS to determine
whether such uses comply with conditions of the pennits and DISTRICT rules concerning
use of any OPEN SPACE AREAS. If such use of any OPEN SPACE AREA does not
comply with the conditions of the particular permit or other applicable LAWS, the CITY
shall terminate the further use of an OPEN SP ACE AREA by the user.
f. Any person or group who leases a building of the DISTRICT may use any OPEN SPACE
AREAS , including FIELDS , on a casual or drop-in basis and shall share them with
members of the public also using them on a casual or drop-in basis. Any person or group
will be required to secure a permit for an OPEN SPACE AREAS from the CITY if they
desire to have exclusive use and shall respect the exclusive use of any OPEN SPACE
AGREEMENT B ETWEEN CITY OF CUPERT INO, C U PERTINO U N ION SC HOOL DIST RI CT PERT AINING T O M A INTENANCE AND IMPROV EM ENT O F
CERT AIN OPEN SPACE A REAS WITHIN C ERT AJN SCHOOL SITES 2 0 17-2032
Pag e 11 of 18
AREAS by any person or group that has obtained a pennit from the CITY for such use.
g. CITY and DISTRICT may modify usage upon mutual written agreement of the
RECREATION DIRECTOR and the BUSINESS MANAGER or their designees .
6. CONSIDERATION BETWEEN THE PARTIES
a. The consideration from CITY to DISTRICT under this Agreement consists of said
undertaking by CITY of obligations to maintain OPEN SPACE AREAS owned by the
DISTRICT and as further detailed in Attachment 1, Exhibit A through Exhibit I.
b. The consideration from DISTRICT to CITY under this Agreement consists of the
Authorization by DISTRICT of CITY to utilize all OPEN SPACE AREAS for recreational
purposes.
c. The DISTRICT will reimburse the CITY annually in March of each year for the prior
calendar year for water cost according to the following amount:
2017 base year amount will be $135,000
Annual adjustment to the base year will be calculated using the effective Schedule 1 General
Meter Service rates as authorized by California Public Utilities Commission and published
by San Jose Water Company for the All Other Customer rate charge provided for water
provided per 100 cubic feet (CCF).
The base rate for 2017 is $5.10/CCF (rate charge).
Annual adjustment calculation for the duration of this agreement shall be as follows:
Prior Year Water Reimbursement Amount x (Rate Charge Effective in December of the
Prior Year/ Last Effective Rate Charge)
Example reimbursement amount for water used in 2018 assuming quantity rate charge of
A GRE EMENT B ETWEEN CITY OF CUPERT INO, C UPERT INO UN ION SCHOOL DISTRI CT P ERT AJNING T O M AINTENANCE AND I MPRO VEMENT O F
C ERTAIN OPEN SPACE AREAS WITHIN CERTAIN S CHOOL SITES 2 0 17-2032
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$5.25/CCF effective in Dece mb er 20 1 7.
$135 ,000 x ($5.25 /$5.10) = $135,000x 1.0294 = $138,9 70
d. Thi s pa yment is due and paya ble for the prior calendar year based on the formula detailed
above. The last payment to be received will be by March 30 , 2 033 for the time period of
January 2032 through June 30, 2032.
7. DISTRICT SELLING OF DESIGNATED SCHOOL OPEN SPACE AREAS
District shall notify City a minimum of 365 da ys in advance of any open space area that will
be sold, conveyed or otherwise disposed which are the subject of this Agreement at scho o ls
with OPEN SPACE AREAS prior to June 30, 2 032.
8. ASSIGNMENT -SUBCONTRACTORS AND EMPLOYEES
a. The Parties shall give their personal attention to the faithful perfonnance of this Agreement
and shall not assign , transfer, convey, or otherwi se dispose of this Agreement or an y ri ght ,
title or interest in or to the same or any pai1 thereof without the prior wr itten consent of the
other Party, and then only subject to such terms and conditions as the other Party ma y
require . The consent to one assignment shall not be deemed to be consent to any subsequent
assignment. Any assignment without such approval shall be void and , at th e option of the
other Party , shall terminate this Agreement and an y license or privilege granted herein.
b. This Agreement and any interest herein shall not be assignable by operation of LAW
without the prior written consent of the other paity . The DISTRICT shall be responsible for
employing or engaging all persons necessary to perform the services of the DISTRICT
hereunder. The CITY shall be responsible for emplo y ing or engaging all persons necessary
to perform the services of the CITY hereunder.
AGREEMENT BETWEEN CITY OF CUPERTINO, CUPERTINO U NION SCHOOL DISTRICT PERTAIN ING T O MAINTENANCE AND I MPROVEMENT OF
CERTAJ N OPEN SPACE AREAS WITHIN CERTAIN S CHOOL SITES 2017-2032
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9 . DUTY OF PARTIES TO DEFEND, INDEMNIFY AND HOLD HARMLESS
a. Each Party shall defend , indemnify and hold harmless the other Party (including its
officers , employees and agents) against any claim , loss or liability arising out of the
performance of this Agreement by such Party . Nothing contained herein shall be construed
as a waiver of any immunities or defenses that a Party may have under applicable
provisions of the law, including the provisions of the California To11 Claims Act
(Government Code Section 801 et seq.). This mutual indemnification agreement is adopted
pursuant to Government Code Section 895.4 and in lieu of and notwithstanding the pro rata
risk al location which might otherwise be imposed between the parties pursuant to
Government Code Section 895.6. This provision shall survive expiration or tennination of
this Agreement.
b. At all times during the term of this Agreement, the CITY and DISTRJCT will within twenty
four (24) hours notify one another of any condition of the OPEN SPACE AREAS , of which
it has knowledge , which may constitute or present a danger or threat to person or property .
The tender of such notice shall not compromise any Provision of indemnification as set
f011h in this Paragraph.
10. TIME IS OF THE ESSENCE
Time is of the essence of this Agreement.
11. FORCE MAJEURE
If, due to act of God, fire , flood , storm , inclement weather, earthquake, drought, acute
restrictions or limitations on acquisition and/or consumption of water, epidemic, riot, war or
A GRE EMENT B ETWEEN CITY OF C UPERTI NO, CUPERTINO UN ION SCHOOL DISTRJ CT PERTAINING T O M AINT ENANCE AND I MPROV EMENT O F
CERT AIN OPEN S PACE AREAS WITHIN CERT AIN S CHOO L S ITES 20 17-2032
Page 14 of 18
insurrection , plant or animal infe station or disease , sudden and severe energy shortage , striker,
work stoppage , work slowdown, or other concerted job action , or other condition of emergency
or disaster beyond th e control of CITY which makes performance of its construction and /or
MAINTENANCE obligations under this Agreement impossible or extremely impracticable ,
such obligations shall be suspended during such time as any such condition or conditions exist.
l 2. DISCRJMINATJON PROHIBITED
Neither CITY nor DJSTRJCT shall discriminate in the employment or persons engaged in the
performance of this Agreement on account of race , color, national origin , ancestry , religion ,
sex , physical handicap , or medical condition , in violation of State or Federal LAW , or on an y
basis otherwise prohibited by State or Federal LAW.
13. NOTICES
All notices hereunder shall be given in writing and mailed , postage prepaid, by certified mail ,
addressed as follows:
To CITY : City of Cupertino
Director of Public Works
10300 Torre A venue
Cupertino, CA 95014
To DISTRICT: Cupertino Union School District
Office of the Superintendent
10301 Vista Drive
Cupertino , CA 95014
AGREEM ENT B ETWEEN C ITY OF CUPERT INO, CUPERTINO UNION SCHOOL DISTRJ CT P ERT AINING TO M AINT ENANCE AN D I MPRO VEMENT OF
C ERT AIN OPEN SP ACE AREAS WITHIN CERTAIN SCHOO L SITES 2 0 17 -2032
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14. EFFECT OF WAIVER OF BREACH OR VIOLATION
The waiver by either party of any breach or vio lation of any term , covenant, or con dition of
this Agreement or of any provision or law shal l not be deemed to be a waiver of any other
term, covenant, condition or LAW , or of any subsequent breach or v iolation of the same or
any other term , covenant, or condition of LAW. The subsequent acceptance by either party
of any money which may become due hereunder shall not be deemed a waiver of any
preceding breach of violation by the other patiy of any term or condition of this Agreement,
or of any applicable LAW.
15. LEGALACTIONS
Any disputes regarding this Agreement shall be resolved according to the LAWS of the State
of California. Any legal proceedings shall be initiated in the courts of the State of California
and the County of Santa Clara, iJTespective of any other possible jurisdictional conditions.
16. TERM OF AGREEMENT
a. This Agreement shall become effective upon the execution thereof by all parties . This
Agreement may be terminated by either party upon 365 days ' notice.
b. The obligations set forth in Paragraph 6 of this Agreement shall continue to be in force
notwithstanding the amendment of other prov isions of this Agreement pursuant to
Paragraph 4.
c. Unless the CITY and the DISTRICT mutually agree in writing to extend this Agreement
one time for an additional five (5) years, this Agreement shall terminate on June 30 , 2032.
Any extension must be subject to the terms and provisions of this Agreement unless
superseded by a jointly executed amendment or agreement.
AGREEMENT BETWEEN CITY OF CUPERTINO, CUPERTINO UN ION SCHOOL DISTRICT PERTAINING To MAINTENANCE AND IMPROVEMENT OF
CERTAIN OPEN SPACE AREAS WITHTN CERTAIN SCHOOL SITES 2017-2032
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d. Non-Appropriation
This Agreement is subject to the fiscal prov isions of the Cupertino Municipal Code and the
DISTRICT Board Policies, and Agreement w ill terminate without an y penalty :
1) At the end of any fiscal year in the event that funds are not appropriated for the following
fiscal year, or
2) At any time within a fiscal year in the event that funds are only appropriated for a portion
of the fiscal year and funds for this Agreement are no longer available. This Paragraph
shall take precedence in the event of a conflict with any other covenant, term , condition , or
provision of this Agreement.
17 . INTEGRATED AGREEMENT
This document represents the entire and integrated Agreement between CITY and DISTRICT
and supersedes all prior negotiations , representations or agreements , either written or oral.
This document may be amended onl y by written instrument, signed by both CITY and
DISTRICT. All provisions of this Agreement are expressl y made conditions .
AGREEME NT B ETWEE N CITY OF CUPERTINO, CUPERTINO UNION SCHOOL DI STRJCT P ER TAINING T O MAINTENANC E A ND IMPROV EMENT O F
CERTAIN OPEN SPACE AREAS W ITHIN CERTAIN S CHO OL SITES 20 17 -2032
Pag e 17 of 18
IN WITNESS WHEREOF, CITY and DISTRICT hav e exec uted this Agreement on the I 6th day
ofNovember, 2016.
Attest: C ity of Cupertino
City Clerk
By~ct --
/L ·~·ll.R Mayor
A pprov ed as to form: Cupertino Unified School District
#A
~/ City Attorney
AGREEMENT BETWEEN CITY OF CU PERTINO, CUPERTINO U N ION SCHOOL DISTRICT P ERT AJN!NG TO M A INTENANCE AND I M PRO V EMENT OF
CERTAIN O PEN SPACE AREAS WITHIN CERTAIN SC HOOL SITES 2017-2032
Page 18 of 18
Exhibit A.1
SITE PROFILE
Open Space Area --~C=o~ll ~in=s ____________________________ _
Acreage (Turf) Current City Est. 2.07 (2.5 acres for green shaded area)
Fields , Existing 1 baseball game
1 soccer game
Youth Sports Permits, Existing __ U~n~k~n_o~w_n~a~t ~th~i~s ~ti~m_e~? ____________________ _
Fi eld s, Proposed ----------------------------------
Improvements, Proposed----------------------------------
Ame nities, Proposed:
X(l) * * backstops/permanent
____ backstops/portable
_____ bathroom facilities *A)
_____ batting ca ge
bike racks* -----
X(2)** bleach ers
_____ concession stand*
_____ drinkin g fountain*
X(l)** electrical outlet
*M ulti-Sport Use
Amenities, Exist ing :=**
____ enclosed on -deck area
____ flagpole
____ goal posts
____ home run fence
____ phone (eme rgency)* B)
X(2)** shaded dugouts
X(l)** skinned basepaths
____ storage*
X(2)** tra sh cans
____ water/quick coupler
Comments :----------------------------------------
Cost Estimate -------------------------------------
Exhibit B.1
SITE PROFILE
Open Space Area Eato n
Acreage (Turf) Current City Est.= 3.07 approx . (4.5 acre s for green s haded area)
Field s, Exis ting 2-soccer game unde rs ized
Youth Sports Permits, Ex is t ing AYSO -Region 64, Cupertino Litt le League, CYSA
Fields, Proposed ___________________________________ _
Impro vem ents, Proposed----------------------------------
Amenities, Proposed :
_____ backstops/permanent
X (1)** backstops/portable
_____ bathroom facilities * A)
_____ batting cage
X(l)** bike racks*
bleachers -----
-----concession stand*
X (1) ** drinking fountain *
electrical outlet -----
*Multi-Sport Use
Comments:
Amenities, Existing=**
_____ enclosed on-deck area
____ flagpole
_____ goalpo~s
____ homerun fence
____ phone (emergency)* B)
_____ shaded dugouts
_____ skinned basepaths
_____ storage *
X(l)** tra sh cans
_____ water/quick coupler
------------------------------
Cost Estimate-------------------------------------
i ---~ _____ .;;._ ___ _::__,;,,
Exhibit C.1
SITE PROFILE
Open Space Area __ F~a_ri~a ______________________________ _
Acreage (Turf) Current City est. 2.87 (4.18 acres for green shaded areal
Fields, Existing 2 -soccer game
1 - baseball game
1 -baseba ll 2ract ice
Youth Sports Permits, Existing AYSO -Region 35, CYSA, Cupertino Little League
Fields, Proposed---------------------------------
Improvements, Proposed --------------------------------
Amenities, Proposed:
X (1)** backstops/permane nt
X (1 )** backstops/portable
bathroom facilities * A)
X(2)** batting cage
X(2)** bike racks*
X(2)** bleachers
concession stand*
X(2)** drinking fountain*
Xill** electrical outlet
*Multi-Sport Use
Amenities, Existing:=**
X(2)** enclosed on-deck area
____ flagpole
_____ goa l posts
_____ homerun fence
_____ pho ne (emergency) * B)
____ shaded dugouts
X(l)** skinned basepaths
_____ storage *
X(2)** trash cans
X(2)** water/quick coupler
Comme nts:----------------------------------------
Cost Estimate ---------------------------------------
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~
~
~
Turf= 2.46 acres
Garden Gate Elementary
Exhibit D.1
SITE PROFILE
Open Space Area Garden Gate
Acreage (Turf) Current City est. 2.46 (2 .9 acres for green shaded area)
Fields, Existing 1 soccer
Yout h Sports Permits, Existing AYSO -Region 35, Serra Little League, Foothill Bobby Sox
Field s, Proposed----------------------------------
Improvements, Proposed--------------------------------
Amenities, Propo sed: Amenities, Existing :=**
_____ backstops/permanent
X (2)** backstops/portable
_____ bathroom facilities *A)·
_____ batting cage
_____ bike racks*
_____ bleachers
_____ concession stand*
X(l)** drinking fountain*
_____ electrical outlet
*Multi-Sport Use
_____ enclosed on -deck area
____ flagpole
_____ goal posts
_____ hom erun fence
____ phone (emergency) * B)
_____ shaded dugouts
_____ skinned basepaths
_____ storage *
X(2)** trash cans
_____ water/quick coupler
Comments:----------------------------------------
Cost Estimate-----------------------------------
Exhibit E.1
SITE PROFILE
Ope n Space Area ---=L=in'"""c=o=ln'------------------------------
Acreage (Turf) Current City Est. 2.25 (3.1 acres for green shaded areal
Fields, Existing 1 -soccer game
2 -soft ball Qractice
Youth Sports Permits , Existing AYSO -Region 35, CYSA, Foothil l Bobby Sox
School conducts a football QIQ.gram?
Fields, Proposed ________________________________ _
Improvements, Propo se d----------------------------------
Amen ities , Proposed:
____ backstops/permanent
X(2)** backstops/portable
____ bathroom facil ities *A)
____ batting cage
X(l)** bike racks*
____ bleachers
concession stand* ----
X(l)** drinking fountain*
____ electrical outlet
*Mu lti -Sport Use
Amenities , Existing:=**
_____ enclosed on-deck area
____ flagpole
_____ goal posts
homerun fence -----
----phone (emergency) * B)
____ shaded dugouts
_____ skinned basepaths
____ storage *
_____ water/quick coupler
Comments :----------------------------------------
Cost Estimate -----------------~----------------
Exhibit F.1
SITE PROFILE
Open Space Area ---'R~ec.o.c.n=a~rt~------------------------------
Acreage (Turf) Current City Est. 2.89 (4.1 acres for green shaded area)
Fields, Existing 1 -soccer game
1 -baseball game
2 -baseball gractice
Yo uth Sports Perm its, Existing AYSO -Region 3S, Foothill Bobby Sox, Cupertino Little League
Fields, Proposed------------------------------------
Improvements, Proposed--------------------------------
Amen ities, Proposed:
X(l)** backstops/permanent
X(2)** backstops/portable
____ bathroom facilities *A)
____ batting cage
X(2)** bike racks*
____ bleachers
____ concession stand*
X(2)** drinking fountain*
X(3 l ** electrical outlet
* Multi-Sport Use
Amenities, Existing:=**
X(2)** enclosed on-deck area
____ flagpole
____ goalpo~s
____ homerun fence
____ phone (emergency) * B)
____ shaded dugouts
X(l)** skinned basepaths
____ storage *
X(2 )** trash cans
X(2)** water/quick coupler
Comments:----------------------------------------
Cost Estimate ----------------------------------
Exhibit G.1
SITE PROFILE
Open Space Area __ S""t,.,,ec.:.v.=.e""ns"-"'C'--'re""e'""k'------------------------------
Acreage (Turf) Current City Est. 1.89 (3.1 acres for green shaded area)
Fields, Existing 1 -soccer game
2 -baseball g_ractice
Youth Sports Permits, Existing AYSO -Region 35, Foothill Bobby Sox
Fields , Proposed----------------------------------
Improvements, Proposed--------------------------------
Amenities, Proposed:
_____ backstops/permanent
X(2)** backstops/portable
_____ bathroom facilities *A)
_____ batting cage
_____ bike racks*
bleachers -----
_____ concession stand*
X(l)** drinking fountain*
electrical outlet -----
*Multi-Sport Use
Amenities, Existing :=**
____ enclosed on-deck area
____ flagpole
_____ goal posts
_____ homerun fence
____ phone (emergency)* B)
_____ sha ded dugouts
_____ skinned basepaths
_____ storage *
X(2)** trash cans
_____ water/quick coupler
Comments:------------------------------------------
Cost Estimate-------------------------------------
Exhibit H.1
SITE PROF! LE
Open Space Area ____ H~d~e _____________________________ _
Acreage (Turf) Current City Est. 4.92 (7.8 acres for green shaded area)
Field s, Existing 2 -soccer game
1 -ba se ball game
2 -ba seba ll Qractice
Youth Sports Permits, Existing AYSO -Region 64, CYSA, Cupertino Little League
Fields, Proposed _________________________________ _
Improvements, Proposed --------------------------------
Amenit i es, Proposed:
X(2)** backstops/permanent
X(l}** backstops/portab le
bathroom fac il ities *A)
batting cage
X(2)** bike racks*
X(4)** bleachers
concession stand*
X(2)** drinking fountain *
Xill** electrical outlet
*Multi-S port Use
Amenities, Existing: =**
X(2)** enclosed on-deck area
____ flagpole
____ goal posts
____ homerun fence
____ phone (emergency)* B)
____ shaded dugouts
X(l)** skinned basepaths
____ storage *
X(6)** trash can s
X(2)** water/quick coup ler
Commen t s:----------------------------------------
Cost Estimate -------------------------------------
1
Exhibit 1.1
SITE PROFILE
Open Space Area --'K""'e"-'-n'-'-n=e=d.,_ ____________________________ _
Acreage (Turf) Current City Est. 8.65 (13.3 acres for green shaded area)
Fields, Exist in g 2 -socce r game (short length) 1 -soccer game (full length)
3 -baseb all game
2 -baseball practice
Youth Sports Permits, Existing AYSO -Region 35, CYSA, Cupertino/De Anza Youth Soccer League,
Cupertino Little League
Fields, Proposed _________________________________ _
Improvements, Proposed----------------------------------
Amenities, Proposed:
X(3)** backstops/permanent
X(2)** backstops/portable
X(l)** bathroom facilities *A)
X(2)** batting cage
X(6)** bike racks*
X(6)** bleachers
X(l)** concession stand*
X(6)** drinking fountain *
XQ.l** electrical outlet
*Multi-Sport Use
Amen ities, Existing: =**
X(6)** enclosed on-deck area
X(l)** flagpole
____ goal posts
X(l)** homerun fence
____ phone (emergency)* B)
____ shaded dugouts
X(3)** sk inned basepaths
____ storage *
X(12)** trash cans
X(6)** water/quick coupler
Comments:----------------------------------------
Cost Estimate ____________________________________ _