CC Resolution No. 8377
RESOIlJI'ION NO. 8377
A RESOIlJI'ION OF THE Cl'I'Y CXXJNCIL OF THE Cl'I'Y OF aJPERl'INO
AUIHORIZING EXEaJ'I'ION OF 1IGREEMENT BEIWEEN THE Cl'I'Y OF
CXJPERl']NO, CXJPERl']NO UNION SCHOOL DISl'RIcr, AND aJPERl'INO
SCHOOrs PUBLIC FACILITIES FINANCING CORroRATION PE:RI'1IINmG
'IO MAINI'ENANCE AND IMPROVEMENT OF CERI'AIN OPEN SPACE
AREAS WITHIN CERI'AIN SCHOOL SITES
WHEREAS, it is the policy of the city of CUpertino to 1NOrk with the
school districts to provide jointly for use of facilities within their
respective jurisdictions; and
WHEREAS, the city and CUpertino Union School District desire to
provide for the ilrprovement am maintenance of eight open space areas of
certain existing school sites of District; am
WHEREAS, an agreement to provide maintenance and :inprovement of those
open space areas has been reviewed by the City Council;
NCM, ~ut(t;, BE IT RESOLVED that the Mayor am City Clerk are
hereby authorized to execute said agreement on behalf of the City of
CUpertino.
PASSED AND AOOPI'ED at a regular meeting of the City Council of the
City of CUpertino this , 'il'h day of Apri' , 1991, by the
following vote:
Vote Members of the Citv Council
AYES: Goldman, Rogers, Szabo, Koppel
NOES: None
ABSENT: Sorensen
ABSTAIN: None
APPOOVED:
/s/ Barb Koppel
Mayor, City of CUpertino
ATI'EST:
/s/ Dorothy Cornelius
city Clerk
.
AGUJDlllft .B'1'WJIBII CI'fY 01' CUPBaTIJIO,
CUPBaTIIIO VllIOII 8CBOOL DI8TaIC'l, UD
CUPBa'1'IIIO 8cøooL8 PUBLIC I'ACILI'l'IB.
I'IDIICIIIG COJUlOItATIOII na'1'UIfI.G 'l'O
IlAIftBDIICB UD IDJIOVJDlllft 01' CBa'1'U.
OPB. SPAC. auu WI'l'BI. CBa'1'U. ScøooL UT..
THIS AGREEMENT, made and entered into by and between
CITY OF CUPERTINO, a municipal corporation of the State of
California, herein called .CITY,· and the CUPERTINO UNION SCHOOL
DISTRICT OF SANTA CLARA COUNTY and CUPERTINO SCHOOLS PUBLIC
FACILITIES FINANCING CORPORATION, herein called "DISTRICT";
. I '1' II . . . . '1' H:
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 construct, maintain and operate recreation centers,
including playgrounds and outdoor playing fields: and
WHEREAS, section 10910 of the Education Code provides
that the governing body of any school district may 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, it is the policy of CITY and DISTRICT to
jointly provide for the development, installation, construction
and maintenance of recreational facilities within their
respective jurisdictions in order to maximize recreational
opportunities for both the students of DISTRICT and the residents
1
of CITY, and in order to reduce capital and operational costs to
both CITY and DISTRICT; and
WHEREAS, CITY and DISTRICT d.sire to provide for the
improvement and aaintenance of eight open space areas of certain
existing school sites of DISTRICT on a long-term basis; and
WHEREAS, it is the intent of CITY and DISTRICT that the
land which is the subject of this Agreement continue to be used
for 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 forth, and pursuant to the provisions
of the Education Code hereinafter referred to, it is agreed as
follows:
1. DEFINITIONS.
(a) School ODen SDace 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 1) and a site profile
(Exhibit 2) 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:
2
Name of School ODen SDace site
Eaton School open .pace site
Faria School open .pace .ite
Garden Gate .chool open .pace &ite
Lincoln School open space .ite
Regnart School open .pace site
Stevens Creek School open space site
Hyde School open .pace site
Kennedy School open .pace site
2. ASSUMPTION BY CITY OF MAINTENANCE OBLIGATION FOR
SCHOOL SITES.
Ca) Not later than July 1, 1991, CITY shall
commence maintenance of the open space areas agreed to under the
terms of this Agreement and shall be responsible during the term
of this Agreement for the maintenance of the school sites
described at paragraph lea) above.
(b) The maintenance on the school open space
sites described in Paragraph 1 of this Agreement applies only to
those open space areas on such sites which ar~ primarily
designed, intended and used for recreational activity, including,
but not limited to athletic fields, baseball diamonds, soccer
fields, piènic areas, bleachers, and additional restrooms
constructed on .ite by-CITY. The maintenance obligations
undertaken by CITY only include the areas within the boundaries
of the site diagrams at Exhibit 1.
3
(c) Such maintenance shall be at the sole cost
and expense of CITY. Maintenance undertaken after approval of
the Master Plan for each school open space site shall be in a
quality manner and at least in accordance with the usual
customary maintenance standards employed by CITY for parks under
its jurisdiction and control but in no case less than the
standard used by DISTRICT for maintenance of its fields on other
DISTRICT school sites.
(d) Upon its assumption of maintenance
responsibility for a school open space site pursuant to this
Agreement, CITY shall modify the signs identifying the site to
designate the responsibility of CITY and DISTRICT as to
ownership, use, maintenance and improvements of the site.
(e) Maintenance shall include payment by CITY of
all utilities costs, including garbage pick up, on the school
open space sites. This shall be accomplished in part by
installation of separàte meters by CITY.
3. CONSIDERATION BETWEEN THE PARTIES.
(a) The consideration from CITY to DISTRICT under
this Agreement consists of said undertaking by CITY of
obligations to install and maintain improvements on various
school open space sites of DISTRICT.
(b) The consideration from DISTRICT to CITY under
this Agreement consists of the authorization by DISTRICT of CITY
to utilize the various school open space sites for recreational
purposes, and the obligation undertaken by DISTRICT to reimburse
4
CITY for certain expenditures defined berein. DISTRICT sball pay
$3.2 million to CITY wbich constitutes its entire contribution
for installation of improvements at the open space sites. Said
amount shall be payable in equal amounts of $640,000 beginning
May'.l, 1991 and ending May 1, 1995. By Resolution 8231 CITY has
appropriated $1.1 aillion of CITY funds which shall be its
ainimum contribution ,to the improvements.
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 for 25 years. 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 that
portion of the open space area reclaimed by DISTRICT.
5. PREPARATION AND APPROVAL OF MASTER PLAN FOR SCHOOL
SITE IMPROVEMENTS.
(a) CITY shall prepare, at its cost and expense,
a Master Plan for the design of the open space site improvements
contemplated under this Agreement for each of the open space
sites. CITY shall select one or more qualified consultants to
prepare each Master Plan and shall be responsible for all
expenses for such services. The Master Plan shall be developed
jointly with input from the community, sports field users, and
DISTRICT and CITY staffs.
5
(b) The Master Plan for each school open .pace
site shall be the goverl1ing document which determine. the precise
improvements to be installed at each open space site and the
location thereof. Additional parking lot improvements deemed
necessary by the CITY outside of open .pace areas shall be
performed at sites as approved by CITY and DISTRICT at the
expense of the CITY. Said Master Plan shall, inter alia,
expressly provide for a sidewalk extension on the southerly
boundary and recoating of all high pressure lines at the
northerly boundary of Stevens Creek School. All open space sites
shall be designed according to DISTRICT standards. The current
site profile (Ex. 2) complies with DISTRICT standards.
(c) Each Master Plan for a school open space site
shall provide for areas to be reserved for potential additional
educationally related open space sites, such as portable
buildings to serve as classrooms. The designation of such areas
shall be made upon consultation between the parties so as to
assure that the improvement of any area for any such facility can
be accomplished so that demolition, destruction, or removal of
improvements constructed by CITY to accommodate such additional
open space sites can be limited to the least costly improvements.
Prior to the approval of a Master Plan for a school open space
site, DISTRICT may provide for the construction or installation
of such educationally related open space sites on such areas
without approval by CITY. Any such area, whether reserved for
possible future use or actually improved with such open space
6
sites, shall be designated as such in the Master Plan. DISTRICT
shall be responsible for all costs related to the COnstruction,
improvement or development of any educationally related facility
in any area reserved therefor, and for all costs related to the
removal, destruction, or demolition of any improvements installed
or constructed by CITY pursuant to this Aqreement. DISTRICT
shall be responsible for landscapinq the open space sites
consistent with the Master Plan at the cost of DISTRICT. Upon
the commencement of such construction, improvement or
development, DISTRICT shall be solely responsible for the
maintenance of such reserved area. If such reserved area is
constructed after or installed and thereafter removed, DISTRICT
shall be responsible for restorinq the reserved area to its
oriqinal condition, includinq improvements.
(d) CITY shall consult and coordinate its
preparation of each such Master Plan with DISTRICT. CITY and
DISTRICT shall appoint representatives for purposes of such
consultation and coordination.
(e) Upon completion of the preparation of each
Master Plan, it shall be presented to the respective qoverninq
bodies of CITY and DISTRICT for approval. No such Master Plan
shall be effective unless and until it shall have been approved
by the qoverninq boards of CITY and DISTRICT.
(f) If either party durinq the term of this
Aqreement seeks the installation of substantial i~rov..ents not
included in any approved Master Plan to one or more school space
7
sites designated in this Agreement, CITY shall prepare an
appropriate amendment to the pertinent Master Plan. 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
DISTRICT 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. The cost of installation
and maintenance of any such improvement shall be borne by the
party which proposed it, or shall be borne jointly if CITY and
DISTRICT jointly proposed it.
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 therefor. No contract for construction of any
building, as defined in Chapter 2 of Part 23 of Title 2 of the
8
Education Code, shall be awarded without the prior approval of
the state Departaent of General Service, where required.
Cb) 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.
Cc) 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.
Cd) DISTRICT recoqnizes that the construction of
improvements pursuant to this Agreement may occur during times of
the year when its school~ 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.
7. FACILITY USAGE AND OPERATIONAL MAINTENANCE POLICY
PERTAINING TO COOPERATIVE RECREATIONAL AREAS AT
SCHOOL SITES.
Ca) The certain document entitled "FACILITY USAGE
AND OPERATIONAL MAINTENANCE POLICY PERTAINING TO COOPERATIVE
RECREATIONAL AREAS AT SCHOOL SITES,· which has been approved by
the governing bodies of CITY and DISTRICT, is incorporated in
9
this Agreement by reference herein as Exhibit "3," as though set
forth in full.
(b) CITY and DISTRICT shall designate
representatives to be responsible for the administration of said
facllity usage policy.
(c) CITY shall be responsible for handling
reservations for use of the open space sites by members of the
public for each school open space site. CITY shall give DISTRICT
first priority to use such open space sites for its scheduled
activities, programs, and needs. All events scheduled on the
open space sites shall be during non-school hours.
(d) CITY shall be solely responsible for
determining the amounts of any fees to be charged to the public,
excluding DISTRICT functions and organizations, or members
thereof, for use of school open space sites, or portions thereof,
which are the subject of this Agreement during such times that
such open space sites are under the control of CITY. Nothing
herein shall authorize CITY to allow events for which admission
prices are charged where inconsistent with applicable state law
or DISTRICT civic center use policy.
(e) CITY and DISTRICT may modify the adopted
usage policy from time to time upon mutual written agreement of
the City Manager of CITY and the Superintendent of DISTRICT or
their designees.
10
8. DUTY OF PARTIES TO DEFEND. INDEMNIFY. AND HOLD
HARMLESS
Ca) CITY shall defend, indemnify and hold
harmless DISTRICT, its officers, agents, and employees from any
and ðll claims or causes of action for death or injury to
persons, or damage to or loss of property arising out of
negligent or inadequate supervision of any community recreation
activities conducted by CITY at any school open space site for
which CITY has undertaken the responsibility for maintenance or
improvement under this Agreement or due to the failure of CITY to
construct or cause the construction of any improvement for which
CITY is responsible under this Agreement, except where such claim
or cause of action arises from the sole negligence of DISTRICT,
its officers, agents, or employees.
(b) DISTRICT shall defend, indemnify and hold
harmless CITY, its officers, agents, and employees from any and
all claims or causes of action for death or injury to persons, or
damage to or loss of property arising out of the negligent or
inadequate supervision of any educational or recreation
activities conducted by DISTRICT at any school open space site
for which CITY has undertaken the responsibility for maintenance
or improvement under this Agreement, except where such claim or
cause of action arises from the sole negligence of CITY, its
officers, agents, or employees.
(c) CITY shall defend, indemnify and hold
harmless DISTRICT, its officers, agents an employees from any
11
claims or causes of actions for death or injury to persons, or
damage to or loss of property accruing on or after July 1, 1991,
attributable to the physical condition of, any school open space
site for which CITY has taken responsibility for maintenance and
improvement under this Agreement arising from the maintenance of
such site by CITY, except for those claims or causes of actions
to which DISTRICT is responsible pursuant to subparagraph (b).
9. TIME IS OF THE ESSENCE. Time is of the essence of
this Agreement.
10. 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 insurrection, plant or animal
infestation or disease, sudden and severe energy shortage,
strike, work stoppage, work slowdown, or other concerted job
action, or other condition of emergency or disaster beyond the
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.
11. DISCRIMINATION PROHIBITED. Neither CITY nor
DISTRICT shall discriminate in the employment of 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
any basis otherwise prohibited by state or federal law.
12
12. NOTICES.
All notices hereunder shall be given in writing and
.ailed, postage prepaid, by certified .ail, addressed as follows:
To DISTRICT:
City of CUpertino
Office of the City Manager
10300 Torre Avenue
CUpertino, CA 95014
CUpertino Union School District
Office of the Superintendent
10301 Vista Drive
cupertino, CA 95014
To CITY:
13. EFFECT OF WAIVER OF BREACH OR VIOLATION. The
waiver by either party of any breach or violation of any term,
covenant, or condition of this Agreement or of any provision or
law shall not be deemed to be a waiver of any other term,
covenant, condition or law, or of any subsequent breach or
violation 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 party of any term
or condition of this Agreement, or of any applicable law.
14. LEGAL ACTIONS: ATTORNEY FEES.
(a) 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, irrespective
of any other possible jurisdictional conditions.
13
(b) The prevailing party in any action to enforce
the terms of this Agreement or arising out of this Agreement may
recover its reasonable costs and attorneys' fees expended in
connection with such an action from the other party.
15. TERM OF AGREEMENT.
(a) This Agreement shall become effective upon
the 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 June 30,
2016.
16. 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 only by
written instrument, signed by both CITY and DISTRICT. All
provisions of this Agreement are expressly made conditions.
IN WITNESS WHEREOF, CITY and DISTRICT have executed
this Agreement on the
day of
1990.
ATTEST:
City Clerk
CITY OF CUPERTINO
By
Deputy City Clerk
Mayor
14
APPROVED AS TO FORM:
DISTRICT
City Attorney
APPROVED AS TO FORM:
Attorney for District
wp\clients\26l0\improvem.2
CUPERTINO UNION SCHOOL
CUPERTINO SCHOOLS PUBLIC
FACILITIES FINANCING
CORPORATION
15
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EXHIBIT II
SITE PR)nT:F
Facility
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Fields, EIdsting
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_as'l""\1: c\ 'turF and irriaate an aññitiCrAa 2.15 acres: aññ
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flagpole
goal p:x;ts
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tIhcne (_~Iq')* B)
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storage* (6'XS')*
trash cans* C)
water/quick coupler
tecItstcps/permanerIt
tecItstcps/partable
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bettin¡ cage
bike racks*
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drinlting famtain*
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O:øt EBtiJDate
Rev. 03/28/1991
Page 1 of 8
SITE PR:)FTT oF.
Facility
Ar...._ ('1\Irf)
Faria
n...L-c6&' _ 2.33 (to be ~~ tw .23 .,...,... far h,i1ñinn
~ftG.ia'\1. Pat:8nti,,' - 2.68
Fields, EId.stin1
2 -.,.,.."...,..,..,.,...
1 - ........11 na'IMt
3 - "CIANI}! aractice
AYSO - Rsaicrl 35. CYSA
Ycuth sports Permits, EIdsting
nmøri"ino NatiŒlal Little T....,.",..
1-lII"'IIf"Y"'amre
Fields, PJ.(~·........
2 - "'-ClAM'! amne
2 - ........¡.",ll/-....ll aractice
~a",~, p~. ~~ a\ htrl am irriaate .sa .,..... IIðrt:h of existina
....n-f: b\ renovate .w;ttt.i.rv=r turf: c} m'DVide 6' ;1"W"WT;t"It'I nath
aramd ......ÜII!ter
Amenities, PL~:
Xl2\
X(2\
X
X
X/21
Xl4\
X
X/21
Xl2\
teckstqIs/permanent
teckstqIs/partMJ],e
tathrocm facilities* A)
tatting cage B)
bike racks*
blMàIerS
..... -icn .tan:i*
dr1n1cing fcuntain*
eJ.ectrical cutlet
Xl2\
X
X12\
Xl2\
X
X14\
Xl2\
Xl2\
X
Xl2\
. II.1lti-£¥.u.L UIIe
~loøed cn-deck area
flagpole
gœl p:&ts
hcmerUn f8l'O!
tIha1e (-oF''Y) * C)
shaded cUpIts
IIkimed ....-.paths
1Itarage* (6 'xl I andB 'XlO' )
trash carw* D)
water/cpick ocupler
Ii. _ Ita: AI Mav be "IIIf"V'1I11".,.. B\ if ~ allð11B. C\ ..~ œ ..::'~ in
'-Ao!I- -ic::n stand. D\ no ....~JII!1'"'!!!:
Cost Estimate
lIIIV. 03/28/1991
Page 2 of 8
SiTE PRO'P'TT ~
FIIcility
Ac:I._ ('1Urf)
-- Gate
n.. .a.'::IIL - 2.25. ~;JII' _ 2.25
Fields, EIcistin¡
1 - __~_r ~ice
:I - .........., 1 Dn!tet.ice
ycuth Sparta Permita, EIcistin¡
AYSO - Rllaim 35. ~ Little
T ........... Foothi 11 RnI-ru !:nv
Fields, p~.",:~
1 - DII... ~r tIJI'IftD,
3 - "tlAhal1/tat'\~""'1 rrBc:tice
~\J"""~t.s, p¿.~,..-:1
C.U.S.D. r8n0VB+.... htrf'. m"C:JVi& 6' i,......,';1"'Ir"I
ra~ around ...,..ÙI8t.I!r
Amenities, P...· ~,(~:
J:iBcJcstcps/penanent
J:iBcJcstcps/partaDle
batbrccm facilities* A)
batting cage
b1Jca ncka*
10\1......... II
.....,; im'M:and*
drinlcin; fœntain*
eàctrical cutlet
* II1lti~L U.
Xl!}
X
.x:lœed CIrHieck area
flagpole
X(2\ goal pests
hameI: un f&1Oe
X d1cne (-."...ICY) * B)
ahIIded fiJgcuts
sJdnned "''"''I(''\ths
X 1Itarage* (6'XS')
X trash cans* C)
watc'/quick ccupler
x
X
n Ala: 1I!vi~h","I' -=hool..""";1'V'f .,i'i'ici.m:.: A1 WIt'W'tI,1.,.. cr l'W'W+ahle:
B\ ..M!I'Þ b8 ..,..ft"!W1: C} no t1I~..,...
0CIBt IBtiate
Rav. 03/28/1991
Page 3 of 8
SITE ~1"TT oF.
Facility
'-- ~)
rieJ.ds, EIdsting
HYde
n.. .u:ad:. _ 4.85. 1:Irtt-ant--i., - 4.85
2 - A.. liAr I'IInIIIIIo
1 - "'''''''1 ~
2 - MeA"'l! aractioe
ycuth Sparta PEmita, EIdsting
AYSO - R8aial 64. CYSA. Tri-Cities
Little T ..........
Fields, Pl· ,<cee'I
2 - ~..... (i~_ .ize of _ct- field)
1 - MCIA"'! ~
2 - .,.,f'toNll _/N_No11 aractioe
~'"'~ats, Pl.",QMð
Re''''''+- _crt' f;.1rt and r8nDVat.e ........ aide
of h~ (2.4 ..........\
Amenities, Pl· ,.:>Hd:
x
X
X
X
X
mclœed cn-deck area
flagpole
goal posts
haDerun fence
d1I:ne (....."...,cy) * B)
.tIIIdsd duI;pJts
Mim8d N~ths
stanM;Je* (8'XlO')
trash cans* C)
wtar/qu!àt coupler
X
l:Bc::Jcstq:&/permanerIt
backstcpI/portable
bathroClD facilities* A)
batting cage
biD ncJcs*
bleBchers
....... -ial 1ftan:S*
drinkil1q fCU'ltain*
electrical cutlet
Xl2\
Xl21
X(21
Xl4}
X
X
X12}
. Ilùti~L u.e
^ _ Its: A.t ItJIIt. t. .........11"...JY'tI'W"t-a1o\1.: B\ ....... be ~,...,.IJ: C\ I'M)
1'1111IN'Wt'.,... D\ ...,.... ~t1. -,MIA oanflict in ~,1il"ð 'track
.vI!II'1ts ("';~H:\ and fi.ld .MIA
Q:8t E8tJøte
Rw. 03/28/1991
Page 4 of 8
S1'I'2 PR.J1' I I .Ji'
Facility
1....._ ('1Urf)
Fields, ~
L.-iv
"··Lallt - §.B. ~iA' _ B.B
3 - ........, 1 ,.,.,..
2 - _...~r ftMMI lllhcrt 1.m.h)
2 - ........'1 ~i,.,.
Youth spart:s ~ta, ~ MOO - RBaia'l 35. ClCSA. n_h,_
Little T........_
Da Anza Yauth Q. - ~ _r Y"""'IA. n~;""", NaticrJal
Fields, p... \^~
3 - .. - ~ liAr c:rame
3 - ............11 --
2 - ............11 aractice
hta""'".......Ls, P.).·1(VV-~ Ma1ar .ita wcrJc ---1"'\1. ..Mrfr' m"OVid8 .,..,..itio-
nal ....,..¡d..... an:! reaulatia'l track Ci......l"rH..... 2 lcnJ/triDle ;UI!I:)
Ðita. 2 hiah 11111r\ nits. 2 IIhct I1Jt rinas. 2 tUCIt""'IMI rÌ1'l:lR) .
Ameniti_, p... ~:
~i_+-..,V 3 acres not 1"J'·.LClJllv c:iøvl!11"W'Wt'1.
XC3} tIIIiåtstqB/permar&1t
XC2} bK:kstqB/p:lrtable
~ faci1iti8B* A)
X ~ caqe
XC4} bib nàaI*
Xl61 hl......-L.
X _ ia'l .and*
X ~ fountain*
X electrical QJtJ..t
* II.1lti~ L Ole
Xl6\
X
Xl61
X
X
X
X
X
X
X
.-.::loøed ~ area
flagpole
pI. posts
haDe1: un fence
IiIcne (tIDo4. __ .cy) * B)
~ IÙj 01tS
Mimed ........ths
~*
trash auw* C)
waUir/quick cxq>ler
~. íLs: A\ ~~. B1 ......"....,.. inBir\a _- -1at h,'¡1t'1i1'W'l: C\ no
...........w....
oo.t EIrtùate
Rev 03/28/1991
Page 5 of 8
'.
SiTE PRO"""']:!
Facl11ty
Aw._ ('1\Jrf)
Fields, EIdst.ing
Lincoln
n.. .L.:ul _ 2.09. Pctant:'¡,,' - 3.02
1 _ IIiI - ~ -. ,..".
3 - -""11 mactice
yœth Sparts Permits, EIdst.ing
AYSO - Rllaicn 35. Clt'SA. Fcothill
~ Sox:. Scñool ~V+.. a ",..,..¡,.""-11 UL' .... c21ft
Fields, ~. \ ~
1-~aame
3 - -....11 m'2Ictice
~...,....Bhts, P¿~œed a\ +uri' and irriaate .93 acre ..crt' of .viat-';1"II"f
....n-f': b\ nmavat.e mdsti.n::r t:urf: c:;\ 1"II"W"IlI'ir1A 6' ;~irI::f na'th
a.rcund 1'MIn"';1Mri-~
Amenities, P.L·"'''~:
XC3}
X
X
X(2\
þadtstops/permanerIt
l:Bc:kstqIs/partable
bathroan faciliti_* A)
batting cage
bjJœ racIœ*
bl.........
......,~ -icm.tard*
~ fountain*
electriœl cutlet
e1Closed œ-decIt area
flagpole
XC2} goal posts
haDerun fence
X dxnt (tIIIBl'geI1CY) * B)
àdBd cbp.Its
IIkinned "'-.paths
X 1Itorage* (8'xlO')
X trash cans* C)
water/quick COJpler
X
X
* JI1lti~t. UIe
.- -d;a:
'-'hili....... ......;1'Y'J. A.\ 1IIIMZt- be ....",..1'A,../~.¡.,.1.: B\ _H!t- be
~n"III"1: C\ no "'1I'Ind'.an::
o:.t Eilt.i:ølate
Rev. 03/28/1991
Page 6 of 8
SITE PR)'VTT F
Facility
"""'_ ('1\Jrf)
-.....-+
1"\.. .a._It _ 2.82 (t:o ta .......~ bv .45 ....... for
h,'¡1"i1"'n ~"icrl\. ~i.1 _ 2.37
Fields, J!:Icist:ilrJ
1 _ .. _ w~. ~
1 - "'-aD'" 1 1 ~
2 - "'-CIA'" 1 1 mact.iœ
yœth Sparta Pendta, EId.stin;J AY9) - Rø::ria1 35. Foothill ..........., Sox.
n........h,n Nationa Little T........_
Fields, h ~ --'
1 - .. - . lA, aame
1 - ""-"'11 _ (180' altfield\
2 - ....-.... 11 m:'i!Ictioe
~""...m:s, h.;~:~ a\ rencJ\/ate mcistin:I ~11rf' and irriaatia1. b\
rel.......~.. ....-....11 ........ field: c\ nrnvidA 6' irworrint'f oath
aramd .......i........
Amenities, P£.·",.:.r:
x backstq1s/permaner1t
Xf2\ backstq1s/partable
X tathrcaD facilitle8* A)
~œge
Xf2\ bib raciaI*
Xf2\ N-o*I6
..... F' ias R.ard*
X drinltiJl) fountain*
electrical œtlet
* It1lti~ L UII8
X
X12\
X
X
X12\
X
X
X
X
cx:loeed cn-dec:k area
flllgpole
goal posts
haDerun fence
dIa1e <_""",.../) * B)
.tIaded ~
MinIw:! ....-.paths
.tange* (S'x10')
trash œœ* C)
_tar/qu!dt CD;)ler
4) -.-.-.4.a: A} WII"'W'1t,1.,..: ~} ..tct- be ..,...."....: C} no ..............
o:.t Þ'tiate
JII8v. 03/2S/1991
Page 7 of 8
SITE PR)VTT J"
Facility
A...._ ('1\Jrf)
steI.ww cr.ek
n··.L_.l _ 2.65 (to be,....,..~ I:w .6 AI"!I"'D 'far h,i't1;1'YT
...........icn). Potentia, - 2.05
Fields, J!:Idst.in;J
1 - a_~__. ~
1 - ........., 1 m'aCtice
Youth Sparta PEmits, J!:Idst.in;J
AY9J - Rsaicn 3S. Pcothill 'IW+P.t Sex
Fields, Pl..~
2 - ........fI+ohal1 ~
1 - "'-"'11 mactice
1 - ..,..,.......,. m'aCtice (1Jn:"1&1 sized)
Da..,..."'".........Ls, Pl.. ~ :eed
R8ncvate mdstin:f 'turf and irriaaticn.
DrCVide 6' il'YW'ri.... œth arQJlÙ .......i_Þ,..
Aænities, ~·!-œed:
Xl2\
Xli)
X
X
Xl2\
X'4}
X
X(2)
Xl2\
~/penmwnt
J;ec::kstqIs/partable
J:athrocD facilities* A)
~œge
Mho ndaI*
....'t"-_:........... .
.~ 1cn .tanS* B)
~ fClUl1t:ain*
~ cut.l.t
Xl4\
X
enclosed cn-òedt area
flagpole
goal p:&ts
haIIBI: un f8nCE!
IiIcne (-~'Y) * C)
àIded dugcuts
IIItinnød ...~ths
ftarage* (6'xS I )
trash cans* D)
water/quiàt ccaJpler
X
X'4\
X(2\
X
X
X
. It1lti~ L UIIe
.'7' Its: A\ ~ ar .......,1.,. t.o bR 1"""'+M in .......: B\ ,~+;,.., is
..~.~ i__,. far ...;,..m~: C\ IIIUZt' be ......"...,.: D\ no
AI..............
cmt ÐItiData
ØBv. 03/28/1991
Page 8 of 8
EXHIBIT III
FACllITYLJSAGE AND OPERAT~I~E POUCY
PERTAINING TO COOPERATIVE RECREATION AREAS AT!':r.IoII'Y'II SIlES
The following is a Facility Usage and OperationaVMaintenance Policy agreed upon by the City 01
Cupertino and the Cupertino Union School District pertaining to cooperative recreational or
op&l\ space areas at school sites. The items contained in the policy are Intended to define basic
guidelines in order to maximize recreational opportunities for both students of the District and
residents of the City. This policy has been approved by the governing bodies of the City and the
District and each organization has designated a representative to be responsible for
administration of said Facility Usage and Operational/Maintenance Policy. Further, it is
understood that this policy may be modified from time to time by agreement of the Director 01
Parks and Recreation of the City and the Superintendent of the District or their assigned
c
designees.
FACIlITY USAGE
A. The School District will have priority use of open space sites between the hours of
8:00 a.m. and 4:00 p.m. on days during which school programs are in session except
as In Item B. The City will have priority use of open space sites after 4:00 p.m. on
days when school Is in session and all other times, including weekends, holidays and
summer vacation. Exception to this schedule can be agreed upon by the Director 01
Parks and Recreation and the Superintendent of Schools or designee. The City will
cooperate with the District so as to give the District adequate opportunity to use each
school site for its activities, programs and needs.
B. The School Dìstrict wili have priority use of open space sites during daysltimes
oth.~~D listed In Item LA for District activities such as summer school, school
~~nts, after school athletics, student care, etc. Specific schedules shall be
agrM'~n by the Director of Parks and Recreation and the Superintendent 01
Schools or designee. Non-school related groups will be notilied of school priority and
may be required to relocate due to school special events.
C. During school hours the open space sites may not be used for public related
recreational activities except in areas of the facility that are specirlC8l1y set forth in
Appendix A. The Director of Parks and Recreation and Superintendent of Schools or
designee shall by mutual agreement determine those portions, if any, of the open
1
space Ihes that can be used by public during hours when school classes are in
l8Slion.
D. The Chy will be responsible for administering facility reservations for public use
for each school she. The City will be solely responsible for determining a priority
use system as well as fees to be charged to the public and/or organized groups for use
of school sites during such times that the sites are under control of the City. Such
fees will be required to conform to all applicable rules. regulations, ordinances
and/or laws governing school grounds and District civic center use policy in addition
to those applicable to City property. Copies of the City's reservation and priority use
policy will be provided to the District annually or upon modification.
E. Where school buildings are under lease by the District to private users. the Director
of Parks and Recreation shall allow such users reasonable use of recreation open
space to meet the special recreational needs of the user. Such requests may be
granted when reasonable advance notice Is given and the use does not interfere with
public related recreational activities.
F. Members of the public and/or groups that use the District facility via a permit that
is issued by the City, will be required to adhere to all applicable rules. regulations,
ordinances and/or laws, governing school grounds in addition to those applicable to
City property.
G The City, with consent of District. will determine the placement of portable
backstops u required in order to maintain acceptable field condition standards.
)~~,;. r
H. The ~;~I minimize the impact on District use of open space sites during school
houra,~( priority shall be given to City maintenance personnel and equipment
between the hours of 6:00 a.m. to noon as to area to be maintained by City. For the
purpose of providing required turf and grounds maintenance. and with two weeks
advance notice. the City may curtail all District use of those areas maintained by the
City four times during the school year. The City will do so only If necessary. and for
a maximum of one day each time. General maintenance schedules Including
fertilization and spraying for the control of pests or growth will be coordinated by
2
the City'1 Superintendent of Public Works or his designee and the District Site
Administrator and shall provide for the protection of students and recreational users
alike.
J. For the purpose of abating hazardous conditions, the City may curtail District use of
those areas maintained by the City at any time and without prior notifICation. In such
cases the City will minimize the District's lack of access to the facility.
J. At least once annually, the Superintendent of Public Works. the Superintendent of
Schools and/or their appropriate designated personnel will meet to discuss the use
and maintenance of those areas maintained by the City.
K. Except issues concerning safety, any and all concerns or issues of the District
governing the general maintenance or use of those areas maintained by the City shall
be communicated to the City by the Superintendent of Schools or its Director of
Business Support Services and shall be directed to the Superintendent of Public
Works or appropriate designee.
AMENDMENTS REVISIONS OR MODIFICATIONS
A. CITY and DISTRICT may modify the adopted usage policy from time to time upon
mutual written agreement of the City Manager of CITY and the Superintendent of
DISTRICT or their designees.
..'~
3
APPENDIX A
1 . To be completed as mutually determined by both parties.
'~:.-:~~ ':--~
-i~};~
l.":,
4