81-007 Foothill - De Anza Community College District Joint Exercise of Powers to provide tennis court lighting Reso 5501 and 6819JOINT EXERCISE OF POWERS AGREEMENT
between the
FOOTHILL -DE ANZA COMMUNITY COLLEGE DISTRICT
AND THE
CITY OF CUPERTINO.
to provide
TENNIS COURT LIGHTING AT DE ANZA COLLEGE
This is an agreement between the FOOTHILL -DE ANZA COMMUNITY COLLEGE
DISTRICT ("COLLEGE" and the CITY OF CUPERTINO ("CITY") entered into pursuant
to the provisions of Education Code Section 72200 and Title I, Division 7,
Chapter 5 of the Government Code (commencing with Section 6500).
WHEREAS, there is a need for illuminated tennis courts to provide evening
play and instruction for students and residents and
WHEREAS, cooperation and coordination between COLLEGE and CITY is
imperative for optimum social betterment of the community.
THEREFORE, IT IS AGREED AS FOLLOWS:
1. Project. The seven courts presently existing on the De Anza College
Campus, constructed by the COLLEGE, are to be lighted in accordance with present
illumination standards. Final plans have been approved by COLLEGE and CITY.
2. Ownership. The installed lighting will vest in the COLLEGE.
3. Operation. COLLEGE will be responsible for operation and maintenance
of lighting. The CITY shall share equally in the energy cost and relamping,
to be computed annually (based on 3/7 CITY and 4/7 COLLEGE share). A statement,
including a cost breakdown, will be submitted to the CITY in June.
4. Use. The CITY shall have the exclusive use of three (3) of the seven
(7) courts, Monday through Friday, from 6:30 p.m. to 9:30 p.m. on a year-round
basis. CITY may provide supervision and instruction on their assigned courts
during this time. The COLLEGE shall have the exclusive use of the remaining
four (4) courts at all times. Both parties will provide each other with
proposed schedules of operation, including review of special summer, fall,
winter and spring programming. Upon a minimum of two weeks notice, either
party may request suspension of the normal agreed schedule to accomodate a
reasonable number of sponsored tournaments.
5. Indemnity. To the extent allowed by law, COLLEGE and CITY shall each
indemnify, save harmless, and defend the other from any claim, action or
liability arising from errors or omissions of their respective officers, agents
and employees arising from the performance of this agreement. COLLEGE and CITY
shall each secure and maintain in full force and effect during the full term of
this agreement, liability insurance in amounts and written by carriers
satisfactory to CITY and COLLEGE respectively. COLLEGE and CITY shall
cause to be issued to•CITY and COLLEGE respectively, an insurance endorsement
naming the other party as an additional insured under the policy or policies
of insurance so maintained, which endorsement shall cover the liability
described hereinabove by liability coverage and contractural coverage, all
in accordance with the foregoing provisions of this agreement.
6. Commencement. This agreement shall commence upon its execution by
both parties.
7. Duration. This agreement shall continue in full force and effect
for a period of five (5) years, with the CITY having the option to renew for
an additional five (5) years.
8. Cancellation. Either CITY or COLLEGE may withdraw from the agreement
upon three months written notice.
i
FOOTHILL -DE ANZA COMMUNITY COLLEGE
:DISTRICT
WBy
Date
2/2
CITY OF CUPERTINO
APPROVED AS TO FORM:
BY
CIty Attorney
Date1� V �i �/
ByCt
Mayor, City of Cuper
Date
ATTEST:
City Clerk
RESOLUTION NO. 5501
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF JOINT EXERCISE OF POWERS AGREE-
MENT BETWEEN THE FOOTHILL -DE ANZA COMMUNITY COLLEGE DIS-
TRICT AND THE CITY OF CUPERTINO TO PROVIDE TENNIS COURT
LIGHTING AT DE ANZA COLLEGE
WHEREAS, the City of Cupertino entered into a joint exercise of powers
agreement with the Foothill Community College District for use of De Anza
College tennis courts, dated June 19, 1974, which agreement is incorporated
herein and made a part hereof by reference; and
WHEREAS, the City of Cupertino wishes, pursuant to paragraph 9 of
said agreement, to extend the term thereof for an additional period of five
(5) years, with shared cost of energy and relamping;
NOW, THEREFORE, BE IT RESOLVED at the City of Cupertino hereby exer-
cises its option to extend the term of said agreement for an additional
period of five (5) years, and the City Clerk is hereby directed to send a
certified copy of this Resolution to the Foothill Community College District.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 15th day of December 1980 by the following
vote:
Vote Members of the City Council
AYES: Gatto, Plungy, Sparks, Rogers.
NOES: None
ABSENT: Johnson
ABSTAIN: None
APPROVED:
/s/ Barbara A. Rogers
Mayor, City of Cupertino'
ATTEST:
/s/ Dorothy Cornelius
City Clerk
JOINT EXERCISE OF POWERS AGREEMENT
between the
FOOTHILL -DE ANZA COMMUNITY COLLEGE DISTRICT
AND THE
CITY OF CUPERTINO
to provide
TENNIS COURT LIGHTING AT DE ANZA COLLEGE
This is an agreement between the FOOTHILL -DE ANZA COMMUNITY COLLEGE
DISTRICT ("COLLEGE") and the CITY OF CUPERTINO ("CITY") entered into
pursuant to'the provisions of Education Code Section 72200 and Title I,
Division 7, Chapter 5 of the Government Code (commencing with Section 6500).
WHEREAS, there is a need for illuminated tennis courts to provide
evening play and instruction for students and residents, and
WHEREAS, cooperation and coordination between COLLEGE and CITY is
imperative for optimum social betterment of the community.
THEREFORE, IT IS AGREED AS FOLLOWS:
1. Project. The seven courts presently existing on the De Anza
College Campus, constructed by the COLLEGE, are to be lighted in
accordance with present illumination standards.
2. Operation. COLLEGE will be responsible for operation and
maintenance of lighting. The CITY shall share in the energy cost and
relamping, to be computed annually (based on 1/7 CITY and 6/7 COLLEGE
share). A statement, including a cost breakdown, will be submitted to
the CITY in June.
3. Use. The CITY shall have the exclusive use of two (2) of the
seven (7) courts, Tuesday a Thursday, from 6:30 p.m. to 9:30 p.m. on a
year-round basis. CITY may provide supervision and instruction on their
assigned courts during this time. The COLLEGE shall have the exclusive
use of the remaining five (5) courts at all times. Both parties will
provide each other with proposed schedules of operation, including
review of special summer, fall, winter and spring programming. Upon
a minimum of two weeks notice, either party may request suspension of
the normal agreed schedule to accommodate a reasonable number of
sponsored tournaments.
4. Indemnity. To the extent allowed by law, COLLEGE and CITY
shall each indemnify, save harmless, and defend the other from any
claim, action or liability arising from errors or omissions of their
respective officers, agents and employees arising from the performance
of this agreement. COLLEGE and CITY shall each secure and maintain in
full force and effect during the full term of this agreement, liability
insurance in amounts and written by carriers satisfactory to CITY and
COLLEGE respectively. COLLEGE and CITY shall cause to be issued to CITY
and COLLEGE respectively, an insurance endorsement naming the other
party as an additional insured under the policy or policies of insurance
so maintained, which endorsement shall cover the liability described
hereinabove by liability coverage and contractual coverage, all in accordance
with the foregoing provisions of this agreement.
5. Commencement. This agreement shall commence upon its execution
by both parties.
6. Duration. This agreement shall continue in full force and effect
for a period of five (5) years, with the CITY having the option to renew
for an additional five (5) years.
7. Cancellation. Either CITY or COLLEGE may withdraw from the
agreement upon three months written notice.
FOOTHILL -DE ANZA COMMUNITY COLLEGE
DISTRICT
By
Date ;Z 2
- 2 -
CITY OF CUPERTINO
APPROVED AS TO FORM:
By -�
City Attorney
Date
BYAXIIIV/00 /2-AZ'4�
INdyor, City of Cuda Ino
i
i
Date
ATTEST:
City Clerk
RESOLUTION NO. 6819
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPEF=O
AUTHORIZING EXECUTION OF JOINT EXERCISE OF POWERS AGREE=
BETWEEN THE FOOTHILL-DEANZA COMMUNITY COLLEGE DISTRICT AND THE
CITY OF CUPERTINO TO PROVIDE TENNIS COURT LIGHTING
AT DE ANZA COLLEGE
WHEREAS, an Joint Powers Agreement between the Foothill-DeAnza
Ccnmiunity College District and the City of Cupertino outlining the terms
and conditions for providing tennis court lighting at DeAnza College has
been presented to the City Council; and said agreement having been
approved by the Director of Parks and Recreation and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are
hereby authorized to execute the agreement herein referred to in behalf of
the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 21st day of April , 1986 by the
following vote:
Vote Members of the City Council
AYES: Gatto, Plungy, Sparks, Rogers
NOES: None
ABSENT: Johnson
ABSTAIN: None
/s/ Barbara A. Rogers
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk