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HomeMy WebLinkAboutCupertino Library Lease - County of Santa Clara - 1967 Cupertino Library - Lease Agreement 1/2 ��ss -✓ �J t y, ti ` LEASE A :r .. i rT FOR ir CUPERTI J B ANC,H LIBRARY The following is a lease agreement between the COJ�T2:'� OFSAI�TA s' CLARA, State of California, hereinafter referred to as "Lessie, " s and the CTT OF CUI`.ERTM0, a municipal corporation, hereinafter referred to as "Lessor." WHEREAS, Lessor is the owner of real property hereinafteer described and located in the -citric center site in the City of Cuperta"no, Cali`ornia ; and !*U.?, .AS, Lessor proposes to construct on said site (1) a building of at (cast 19, 172 square feet and (2) a vehicle parking area both to be utili-ed as and for a branch libr.iry o6f' tins Ccunry of Santa Clara, ali in o^CC_Crf, ?z'lC e ;,iiLtl the pl.znjs ar,­1 sp c 4 _,catior,.3 to be approvajt1 j ttihe pa c S 'he:e to * anc! t•HF. J,' Lessor teas offered to lease said, prGVn:�<<!::5 to 1ESs'_'L' and :,ESsec de it S %o ;: ids_ tr:f - u^c :!,Lv� Lesso-'. cons ..G;. r--tic'n of o't'.0 Sr'tJ?c;Ct to %I!e ter: ..s and sct fort;: �. _ ;:> : .-1" _. :v:� L4J� •i-.��i.. AS 1. Desrricot o o- -roperty Lessor heze'if' az. reos to lC ,. e_ tc TCaS. i anc! Lesser. a rces Z_L, reci` _'ifti� LessC: , the rc il dcscrib CI in (i.'.L��.c ��-'.� � ����..._ !Z'---reto t; 2E'i.=ltI er descr7.b c7 bu ICf=[ice ii:IC inr'�_'e s ,Yr.it:e t.,:l__ 2.":E. to ff a:-, C'OnS,trccte: by Lr'Ssor ? r Le so _ ' $ SCle COSH :!ZC i .r an as by :Und rEC�1V�C� and 'r t:i,e Library .`.[ Vi-_Ces find Construction t a.o SCt fC•'--h i1,_reafiCe' in pars:-r3p;1 r � 7'i n 2. TUT sa o re rises 11 S<'+?C� �)3"C-7,1. c S11 J. ✓t i:Srt .i L1J L,:�..,.. t:.. t[)L t}fir. ,_Z�t%C^�i,.Cc op,--ration of a branch libr,=iry i.:or the CcV?ty of SaP.i% - 1 �� t •{ '4`-P �Y:frnj kII i� y�� h Y 3 if ^: .' �� .l ?,.i: � 'l" �,< A.dfa. term "premises" is defined to n"n the real property above des- cribed and the building and all !Wrovmsnts erected thereon by Lessor. }k- t Team of Lease A. The term of this lease shall be for a period of twenty- five (25) years beginning when the promises are ready for occupancy and ending an the last day of the twenty-fifth (25th) year following the date of occupancy. Lessor hereby grants to Leases the Psle: and eaxclusive, option to renew said lease for an additional tweenaty- frve (25) year period, which option shall be exercised by Lessee by the giving of one year's advance written notice of Lessee' s intention to renew said lease. In the event Lessee does not exercise its option within the time prescribed hewrq' ndeer, the 1eeaaae shall terminate ipso facto upon the expiraatio-t of the term hereof, and no notice shell be required to effectuate said termi- nation. S. °3'.se effective date of this lease for the commencement of the term provided for herein shall be they first business day of the month following receipt by Leese:e of written notice that Lesson' has completed the construction of the building and improve- ments and that the saris are in conditi.o-i .and ready for occupancy, all in accordance with the said plans and specifications. Provided that, as a condition precedent to the giving of said notice of completion by Lessor, the County Executive of the County of Santa; Clara shall be permitted to inspect the premises and shall be satisfied that the plans and specifications for construction of said premises have been ful...? f-amplied with. 4. Rental A. It is understood by the parties hereto that Lessor .shall improve the premises and construct said building thereon with moneys received from the sale of Lessor's twenty-five year general -2- r � .:n� \ �' ` obli-ation bonds and rental hereunder is Y4 , predicated on this understandin . It is further understood that Lessor shall expend from the sale of said bonds a sum not to exceed three hundred thousand dollars ($300,000) for the construction of said building and vehicle parking facilities, landscaping of the premises, •arid ail other related improvements . s i. In addition to the expenditure provided for in the pre- ceding paragraph, it is agreed that Lessee will furnish to Lessor moneys received under tLe Library Services and Construction Act Grant pursuant to Aoreenent Number 3622 with the State of California, and thr-t Lessor shall expend therefrom a sum not to exceed $159,000 for the construction of the building and improvements hereunder . B. Lessor si.all present to Lessee for Lessee ' s approval the bond maturity sc CC'Ule for the retire-ncilt of- Lessor 's ttaen,_y-five year p^ rat obli-Sation usee' to improve the premises and construct said buildin'. Ti;ereaiter , on or before A.iay 1st cif each year Of t%e .err hereo_', lessor t'i 1. co-nipuLe the tot fl aTl:ou_(t of sa i oe-le.11 OJ11, a� n�, i�U_.�_ pr. ?_'C p4'1 t?nd 'Iln'=ores L W!.1ich will i be ncc-.1. ' in t!<c next 1-iscal. Vec-,I LUIIi)i: r1` -iay lst to ie6ce, Lilc:' maturin.- i7onc1s nni l pay the boi ntEiEst directly ailoca"--ed to tilt co.1SL-ructlon of sate! buildi_11 , landscaping, and o%i.er rela'�ed in.provi .'.4Iits , Le-see a�,zC',2s to reii'!c,Urse Lessor for said bond u, l.yii'.enLs as can-1 for rent . C. In zddation to rental 1errin otherwise prov _deci for , Lessee sn s' 1 pay Le s so--- for tt.e laic used for t[le 1 ibrary site at the of $l>31000 per acre , representing interest o!: t>>e ,acquisition cost thereof, :hici1 shall be payab e :in 25 equal annual installments duri:lJ each and every year of the first 25 vears o the term of this lease . U. For purposes of th1S c 4}rC-c ;";,L'i1t, the ter':il "construction or said bra 1din- and vellicle parkin.. facilities, Iar2dscapin;, and other: related ir.:provci:icn%s" shall mean the amount paid by Lessor under written contract for architectural fees, s?te preparation cork, building construction, and landscaping, "Lessor -3 (ro vised) - " -�• shall provide Less with duplicate original Wes of .all con- tracts, change orders, and progress billings executed by Lessor for any work described in Paragraph 5-C ii,areof. Lessor shall permit Lessee to inspect and make copies of all books of account, ledgers, warrants, invoices, and all other documents and letters relating to the payments made by Lessor for any of said work. ' a E. The rental provided foa herein shall be paid by Lessee to Lessor annually on the first business day of June of each year of the term hereof, or as the parties hereto may agree in writing. F. In the event Lessee exercises the option provided for in paragrepli-I 3-A above ro lease the premises `or an additional period of 25 ear-,, there shall be m ,additional rental. -ciistruction of Building and Improvements A. The building to be constructed by Lessor s'iall comprise at least 192 ?.72`' square feet are shall be accordirig to preliminary plans , dravin7s, :nd specifications approved by Lessor and Lessee . It shall har,-o-tize in cesi.gn any: a,-,)pearance Mich tine existir:r; civic center . maid prp.aises shiall include vehicle p_rt:iri , space corn- prisin`; 35,9 )0 square 'Fe c L 1Gc ate d witt'_in Lhe bount aries of rtle real descrl_Dee in Pc,ral::reph 1 herreof. B. Lessec s i.ill be provided' wiCi a copy of the prolim-innr r plans, Grp:;l. ?�S , sp ecii.icatioris, and TJorr:i.n c?raT• in;s and c,»- structi_o:i contract for said b;jilc'i.n . Lessee s1hLil approve said pie-l.imi:)ary pl:,ns, ("ra?i nos spccJ_fice.tia17,s a s c conditio11 precc2o-t I.o Lessor go-ing for%:3~Ic' with any fiurt'her plpnniP,­�- Of the eesi-n or construct:ior1 of said iiuildin,- if a tei approval of the preliminary plai-!>, and speci ficaLions, Lessee desires, riot to approve the w;;rking drawings or does not desire. Lessor to v.,ard a contract for t Fie construction of said buil-ding, Lessee sh,:11 notify Lessor in writi;a and shall pay Lessor , as and for the )rivilc,,e o= terni_natin` this adreer�ent as of t4he date of said written notice, the fees �-.hich Lesser is obli�-af-ed under written contract to pay to the architect for the work then performed under said? contract . C. Not later than ore monLa after the bond election the Cou:ity Librarian shall provide Lessor with a "Prtigra:n o r the -4 (Revised) � a�� nv r ,*y�#;°g(.� hr:.- a t n G .�`,,iq '� '' `�et'r,,•� 'v'L'l `.. a4 � rile '" w JOIN 11!11 - . � i r. ,-Kvg," *",e�'� •�^.>,?'�a*ey2 �.., '' �"A*, .r _?�;. -#" ,,, �'.,�m :�` '�;sw�" T r "si,.,' "�x m' aX�"SY�`,��*� �,. ,L.,'>. functional dev�.ils of a library for the Architect" and not later than three (3) months thei aaafter, Lessor shall furnish to Lessee for approval a coWlete out of preliminary plans, drawings and specifications. Upon receipt of the approval of the preliminary plans and drawings, Lessor shall furnish to Lessee a complete set of working drawings and specifications within six (6) mcathe for approval by the Lessee. not Hater than two (2) months after approval by the Lessee of the working drawings and specifications, the Lessor shall sign a contract for the construction of time library building. Not later than twelve (12) oaths after the award of the contract the Lessor shall complete the construction of the building and lA provemeents of the ; remises and deliver same to Lessee for occupancy. Upon failure to complete the construc- tion of said building within the time specified herein, or upon failure of Lessor to furni-,h a copy of said plains , drawings and specifications within the time specified herein, Lessee shall have the sole option to cancel and terminate this lease agreement. upon written notice to Lessor without any cost or expense to Lessee whatsoever. Lessee may grant reasonable extension of time for completion of the structure when delay is caused by circum tances beyond the control of the Lessor. 6. Maintenance and Utilities A. Lessee shall make all repairs during the term as are necessary to keep and maintain said premises in good and tenant- able condition, except repairs to the sidewalks adjacent to said prewlses and such other repairs as may be necessary by reason of ordinary wear and tear, damage by fits, the elements, casualty or other cause or happening not due to the negligence of Lessee, which repairs Lessor hereby agrees to make. Lessor shall main- tain landscaping and parking for said premises at Lessor's cost and expense. t - . x. rr p ti OF y S.Y` of I .ipi f -ya C bum .Y .F, £ B. Lessee shall not make any alterations, changes, or a'd l- tions to said promises without obtaining pricer written consent of Lessor. any such alterations, changes, or additions made by Lessee shall be at the cost and oapewe of Lessee, and, upon termination hereof, said alterations, ch-onges, or additions shall inure to the benefit of Lessor. .ceept, heueevaer, trade fixtures,, lighting fixtures, partitions, appliances, equipment, furniture, and other improvements placed on said promises by Lessee; and upon termination of this lease, Lessee ahall have a reasonable length of time in which to remove said trade fixtures, lighting fixtures, partitions, appliances, equipsae*nt, furniture, and' other improvements installed by it on said pded,ises. C. Lessee ,shall pay for the furnAshing of all water necessary or rewired for use in or upon the premises &;ring the term of this lease or any extension thereof. Lessee shall pay for all janitorial services and the furnishing of all other utilities which may be used upon the premises during the term of this lease or any extension thereof. D. Lessee, at its own cost and expense, shall take out and maintain during the term of this lease casualty and fire insurar -..:e to the extent of the insurable value of the premises, inducing provision for payments to co.,er bending costs abated as a result of damage by fire, the elements , .:asuaILy or other cause or happening not dues to the negligence of the Lessee. Lessee shall further take out and maintain during the term of this lease public liability and property damage insurance. Lessor shall be named as additional insured under the terms of said policies of insuranL:ee. 7. DLma aae to Premises If said premises are totally destroyed by fire, casualty, or other cause or happening, or if said premises are only paFtially destroyed by fire, casualty, or other cause or happening, said premises shall be promptly restored by Lessor to their previous im F,,- �'x�k^., -.r+.s e. g ,'. d,= - condition and made safe, and a just proportion of the rent herein provided for, according to the extent to which said promises have been rendered untevantable or leec lared uns*fe, shall to until said premises have been restored and put in proper con- dition for use any:; occupancy; provided, however, that (a) if said building is totally destroyed and a fully comparable building is not completely rebuilt by Lessor and ready for occu- pancy by Lease* within six (6) umthe after the casualty causing destruction, or (b) if said building is partially destroyed and the sari is vot redDred to its farmer, condition and made safe within sixty (60) days from the date of the casualty causing said partial destruction, then., in either event, Lessen may, at its sole option, cancel and terminate this lease in its entirety, and should Lessee exercise its option to cancel and terminate, any unearned rent paid in advance by Lessee shall be refunded to it. The determination of whether the casualty has caused total or partial destruction shall be awde solely by Lessee within ter. (10) days after the date of said casualty. In the event of disa- greement between Lessor and Lessee as to Lessee' s determination of the amount of destruction, Lessor shall submit the matter to arbitration and the rules and proceduree of the American Arbitra- tion Association shall apply. Failure to submit the matter within thirty (30) days after the date of said casualty shall be deemed assent by Lessor to Lessee' s determtuxtion of the event of said .destruction. 8. Condition of Premises A. The enjoyment and use of all ontl-ances , eal"sand approaches , and means of entrance and approach now existing in favor of said premises shall not be unreasonably interfered with or interrupted by any act or assent of Lessor during the term of this lease. B. Lessor covenants and agrees that said premises will be -7- gg Ckl Ok a" ti R� 1011 f Mi'Mx ti spa* 6'104K Wi " e ''A 44 a, delivered to Lessee free f rom all tenancies and occupa4vieas aaad free from all orders, nOtiess, and violations filed or entered by any public or quasi-public authority and free froea coWLaints 'n and/or reports of viOlatimm noted or existing in, or filed with, any Movarmnutsl authority. C. Lessor further covenants that all electrical, ing and heating equipment and all doors and windms in said prmises �k shell, upon the date of occupancy, be in first class worming order and repair. 9. Notices All notices required or permitted to be given hereunder or by any provisions of law shall be given to the party to be notified by personal delivery or vent by registered or certified mail addressed to Lessor at the Administration Office of the City of Cupertino, Rodrigues Avenue and Torres, Cupertino, Calif. and addressed to Lessee to the attention of the County Librarian at 257 North Market St. , San Jose, California. All notices given as aforesaid shall be sufficient service thereof, and if sent by mail, shall be deemed given as of the date of deposit in the mails. 10. Termination A. It is mutually agreed that this lease may be cance .ed and terminated by Lessee if the whole or any part of the City of Cupertino served by the branch library occupying the said premises withdraws from the Santa Clara County Library System for any reason or purpose whatsoever. B. It is understood by the parties hereto that Lessor intends to call, hold and conduct an election on April 9, 1968 for the approval to issue and sell general obligation bonds to finance the construction of said building and the improvement of said premises. It is further understood and agreed by the parties hereto that, in the event the approval of the bonds S 3 s a e 4 �`�, � ^a+ �� f. r'•� ��'k"� ' yF- ��"'t '^ z� tjf + z �s.'"� '�I ks d , ' I OW, _- rl a ¢ T^ falls at said electiem ror my reason, th is agreenni she lY ipse ra,-.to becons cull and voids and the rights and obusstions of the Parties @*reto shall c&we seed test®. 11. 199 terms t. upm texadnation of this Uagsa or a w exemmien titeveor, see shall ear "'id is as good c itien u . the sam were ie when Laos** poswwg � g'' &S qa UMM trow the stiemats, rice, Acts of coas structural clef is iew Les and repairs, and exterior de f is t oc iLes and repairs, or other cao altF beyond the reasonable control of Lessee, e:- cepted. 12. Succarssors and Ass mM The foregoing covenants and conditions still be binding upon the parties hereto and their respective heirs, successors, executors, administrators , 1e&&1 r*presenter t ive a, and asstgns. IN WWI ESS WHOSOF. the parties hereto have subscribed *heir names -it-41-lis COUNTY OF SANTPA C URA A Board of- ter .as�ors A T : .lid , Clerk Boaof Iu rvisors 'Leases" ` CITY OF CUP T'I'! � B ATTEST : • 'Lessor" m. y r , zty er1 A AS TO APP �1 D AS TO f=�JF?`i te' ''�'.. y k� •� pt.. u. ' K ,3 .qc .,-r Y4 _.', ,�, .;.'." ,, *" -ill, ,na.� F Mw 4r xt a• k 1 arP * .•'xM �� :;a ' 4 r a r p. a X. t4MILUstum of Or May 01ttawoum thereof, Losses shall surrewUr "Ld s in as good condition as the saw were Ln wheat LOSS" l08008410u, re le wear WW tear, get iraau the a is, fire, Acts of Gods struc tura l deficiencies wo repairs, and exterior deficiencies andrepairs" or other casualty beyond the reasonable control of L*ss , ea- cep ted. 12. Succoassors and Ais its The foregoing covenant a and csnclitions ni-.agll be biaading upon the parties hereto and their respective heirs, successors executors, administrator* , legal representatives, and assigns. M WMZS5 WNERZOF, the parties hereto have subscribed their was this . , 1967 COUNTY OF SAl°TA C LARA Board -of A T: J&AN , Clark goof rvisors 'Lessee" CITY OF Cl1PIMTLW • "Lessor" ity Clerk A ZD AS To MW APP LD aS TO FOP'l a ®/ ld 14 Ira 7 ty m erscn,C tyAttttorrney 1.2/14/67 a s s4 t A Z TO L i-L'.S7 C L i'L 1 *'0, 1, IT IS by and bcL�;--- cn �tli-- p�'trtie,-z- herct-o tii-A avid 1, ant,7 of thaL IQ, L r,"" L 0 L C c c) s L a, cL-,c-3-L !1-,c1 bc by t Ql-C C V S,L C7 r c,.- s c 1: r c v., s c c7 arc- 1:CLC) 11, s L 1 1- i'j S 3ON 4 Cs J _-Z 'fayor, City of Cupertino ITTEST: City Clerk loomsommm I t+ • t to fli +. Ya�,.'1 \�•�" ' � + r11 •-----•- ....,��;.,yam�.�._.;.....:tee:__ .._ems._._ _.. T..._ :1 t.� i! ,:e •• p r � <-�J•Gib t J Jill IS f ! 1 11.1 + t •Q of �lt•e�! � o241i�i � � ,1_ `•-`�^`"......--�. �� ii ,`�L`a CZ �ii� �t•� •.+• rn �; i � Cti Ct .�• � t ata � P �k y i F OFFICE CFC City Attorney Sam J. Anderson �_f Big Basin Way Saratoga, California 95070 Telephone a 861-4775 Deasmber 19, 1967 Mr. Donald J. Fallon Deputy County Counsel 70 W. Heddirg Street Sari Jose, Calif. 95110 Dear Mr. Fallen: The council last night ravie4od in detail the La'ee kgreement approved by you for the Cupertino Branch Llorsry. the council proposes that th3 out-of-pocket o_' tho one-acre site be reimbursed to the city cut c,r G :e 'bond fund, rather than annual pi rents of $720 per Bar for 25 years without Interest . Yr. Farrier felt that it wou t� not be in the p ib- i . interest to take the 9"'18,000 fr 3ri the $300,000 ,cnc' rm- timAn- , so I .am recom. nendir. that J.3 mox1rrium amours of t:i; bond be increased to Y319,000. ?' the cost of Lbe pr-33ect is less, the maxirrrum of the binds need na tie sold. Tbarefore, the city proposes t iat Paragraph srr,jaded to read as follows : 4. A. It is understood by the parties hereto ?:at Lossor shall ir,,prove the pre- ii ies and con3tr_:.c� said building thereon with m )r: qs received f c- th -,� sale of Lea,sorls twenty-five yi;ar general oblibatior bonds, and rental hereunder -.a predicated on this understanding. It is further understood that Lessor shall expand from the sale o ' raid bonds a sum not to exceed three hundred eightee;: Thousand dollars ($318,000) ..for the construots.o►, of said building and a vehiale parking facilities, 3_andscaping of the pre- miaea, and all other related improvements. Lessor low K-r. Donald j. Fellot) Decembar 19, 1967 Wage 2 shall in addition thereto tr in3fer eighteen thousand dollars ($18900 ) from the b-3r l fund to the general funds of Lessor. Said sum bring - -'mbursement to the general Turd for the segiaisi` ; cost of the one-acre librat- site descri )c: Exhibit A. Paragraph 4 C, page 3. gill )e deleted. F The city is agreeable to the rmintenance and up- ka3p provisions in your proposal. Please advise Mr. Storm or Vie undersigned as to yo-ir position on these amendments a i ioon as possible be- cL iss the council is meeting Saturd ;y morning at 3:Cno A.,i. to consider this matter further, it being hoped ,-he*., a aatisfactoo r agreement can be sub-.}I :ted to the Board o: Supervisors the following Monday. vary truly, l � all Anderson ci; : ?. W. Storm Cityy y'arxa or -xeorge Farmer, City Librarian City Councilmen aas�a< December ?1, 1967 :CO: Honorable Mayor and Members of the City Council KROM: Wh. E. Ryder, City Clerk SUBJECT: Draft of Minutes relative to the Library Bond Issue The attached draft is a condensed summary of the proceedings relative to the above subject. Time does not permit the transcribing of some 30 pages of notes setting forth the detailed discussion. I would like an expression of an opinion by the Council as to the acceptance of this summary for inclusf.on in the Minutes or a mire detailed account taken direct from the notes and tapes. IV. COWTPrICATIONS B. ORAL Mr. Norge Farrier, County Librarian, reviewed portions of the pro- posed lease or a new library facility in Cupertino should the bond election be successful. The main features of the lease as presented were as follows: A 12,000 square foot building with a parking area of 24,000 square feet to be erected on one acre of City-owned. land in the Civic Center to be financed by a $300,000.00 bond issue, paid- from the k.axes levied for library service; The lease to be for a 25-year period. with the County having; an option to renew for an additional 25 years; The County to reimburse the City for its original. cost of the land ($13,000.00) through annual rental payments of $720.00 for the first 25 years, nothing thereafter; The City to maintain the landscaping ai;d parking area, the Ccolinty to assu_:me ulterior maintenance; The City, by retaining title to land and building, to have the selection of an architect and design approval s°,!bueet to the Co,_L7ty's, approval of interior functional layout and design. A prolonged discussion followed during which each member of the Council took part and expressed his opinions. This discussion centered f_.r the most part on the following items: Assurance that the present tax rate for library service would not be increased as a direct result of passing the bond issue and the continuance of the service at no less than present levels; The propriety of. the City expending General Fund tax monies for the maintenance of :landscaping and the parking area, over the full s' 50-yeas possible lease period. The alternative to this was for the County to assume such costs, but the information was that the Board of Supervisors would not approve: the lease with that provision. Estimates of such maintenance costs ran from $30.00 to $100.00 per month, The point of view whether the $18,000.00 original cost of the land was to be considered as an investment by the City or a c^_.cribu- tion to the project; if considered as an investment, then whether or not interest should be earned; The form in which the lease was drawn and whether or not -'t should be rewritten under the Joint Powers Act and considered as a joint proect between. the City and the "o!inty. The Cit,y Attorney ;.,as asked for his opinio;, or this latter ^o1nt, t.) which he gave the following reply: if the City is '_n,restinrz rls',Ooo,.00 .n a Co,.lnty pro ect then _merest should 1�e anplied acid the. income :from it received by the City. 11 the interest is waived i.t: t'-,en becories a joint project excl.,s.sive of the 210 libra.ry service taw:. It is within the determi-ation of the City ^our_cil for this to be a joint venture with the County, or to consider the `'financial arrangement as a direct contribution. Unless the lease is rewritten linder the Joint Powers Act the City does not have authority to enc,unber i}:nds "or County projects. Y'hen :asked if he would sign the lease in its present sore the City Attorrcy answered in the negative but that the omission of his signa- ture would not affect the legality of the lease should the Council approve -2- 0 A further discussion ensued relative to the advisability of recovering the initial land cost of $18,000.00 in one lump sum out of the bond 44' issue. This discussion also included the likelihood of having to raise the bond issue to $318,000.00. The alternative to this would be the reduction in the cost of the building. The time element was considered to be of utmost importance: The City Attorney was instructed to meet with the County Counsel to review the proposed changes in the lease and to report back in sufficient time to enable the placement of the bond issue on the ballot for the April la, 1968, election_. It was moved by Counc. .:oe'2., seconded by Courc. Stokes, that the city Attorney contact the Deputy County Counsel, arrive at a mutual agreement on the contract and report back to the Council at an ad- journed meeting to be held at 8 A.M. , Saturday, December 23, 1907. Motion carried 5-0 To give the City Attorney direction as to the position of the :'o-znci on negotiating a new lease, the following .motions were made; It was moved by Counc. Johnson, seconded by Counc. Noel, that no interest be charged for the $18,000.00 reimbursement cost for the City-owned land. Motion carried 5-0 It was moved by Counc. Dempster, seconded by Counc:. Stokes, that the $18,000.00 be paid out of the bond fund a-:, if found to be necessary, that the bond issue be increased to compensate for this payment. AYES: Dempster, Fitzgerald, Noel NAYS: Johnson, Stokes Motion carried 3-2 It was moved by Counc. Stokes, seconded by Counc. Noel, that the City of Cupertino assume the costs of maintaining the parking area and landscaping. Motion carried 5-0 -3- B. OBAE, i.L.� George Farrier. , County Librarian, reviewed poxtiors of he lease prepared by County Counsel for the proposed bond issue and tuilding Seeility in connection with the new library facility in Cupertino. The building would be 12,000 square feet, occupying, perm of the Civic Center, 24.000 square feet of parking space, the balance of the acre site would be for landscaping, ingress and egress, and additions as needed(. The Cvwnty suggest$ that the lease be financed by a $300,00-.Cc1 bond issue, the date for the bond issue is April 9, the date of the General Election. County feels that $330,000.00 will cover financing of the building, landscaping, air conditioning, without any difficulty. County wants this on a 25-year-bend -tasia-44" -& 25-year lease,, during which period total costs of the bond issue of $300,000.00 would be paid by the County through its annual rental, ad-at--t-he expiration of this time the City of Cupertino would own the building as well as ycwe rt R C. lead--W#eh- It n -ewe, It is stated in--the- lease that -the--Gounty !-the -eele option to r4new-the -25�. a - 4mee all o -fihe_costs- would-be d--aa- fay' as--the .bond issue-.aa c oncerned siur3'Ug_that_time, the County # Cupertino om= the land rich was pnvhwed for $189000 an ate. The Cousaty offered to pay the $18,000 over the 25-year period so that the City, UMN at the end of that time bx would have reeavered the expenditure for the lean. �1*--, true that if it is considered as an iuv stment it is possible to do as bay-ding companies and ethers do, that is, charge interest and thus capture more coney; but in the interests of intergovermaental. rcmlatiowfiips between the City and County which are on s good standing, the actua: costs would be paid by the County. The taxpyers of Clapertino are also taxpayers in the County Library Service area so the City of Cupe::tino VV PV r T G would not^be concerned with making a profit on anbZbbr governmental jurisdiction. In order to recover the money it is suggested that this be paid back on the regular annual basis. A requirement by the Board of Superviuors is for occupancy of the building and the one projected in Campbell, as well as our cl,rrent facilities , After County within the 210 tax rate now in effect. Vpw completion of projecting income and activities it is felt that this is passible, although ",his will be stretching it in this period of time which, hopefully, would conclude in 2 or ', years. It is for this reason that: the 25-ye,ex lease is requested in order tc lessen the amount of money paid each yea° ,and-thus engcbling more money actual service; also for that reason the County suggested the reco. ry of the City's money rather than additional interest. The lease stipulates the County will have architectural approval for the purpose of assaring that the internal function of the building would be as needed fvr- for libr.aw-y serwJce; however, thdre--wind the City Council. after the--.Beard of Supeavisars,-' +aWenral--.ate thee-a-would be ®se cooperation with the City -af Cuperti ia._e,c ca usactien. ��aschiLect.-.ia order-to hava a functional buildllag-sed-.oar with elcisting-a .actaiares-. There is a pro- vision in the lease that the building; must harmonize with the existing rstra�ture. Considering this, the: :aunty asks (1) that the financ hv-be very dote for the operational activity, and (2) that the maintmnance for the parking lot end the maintenance of the landscaping be under the Jurisdiction of the City of Cupertino and also paid for by the City. When tke lease with Los Altos sass con- like r s idered about 5 years ago and .again with Campbell b months ago/ ions vere made to include the landscaping and the parking lot in the. .W bond issue but not Aincludi maintenance costs. ThisAwould aid financially the County Library service area, and since Maintenance service is already provided by the City for the City Mall, this would be a coordination of the City's maintenance program for the exterior,. T"h'2 County has also !wade provisions for insurance with the added feature that the Co n-t y will cover the insurance for the bond indebtedness said also will. provide fire insurance coverage. Recognition vaA made of the :'act that if the County provided insurance only for buij1d.-ing replacement in case of fire, the City would still have the bonding costrs to pay and :.hat is the County is the reason/ftm providing coverage for^ bond indebtedness and fire. of a-.)proval of the lease by the Council is given at thi: meeting, it would be on the Board's agenda for the meeting 71aesday, Dec. 19, which would give the City ample time to satisfy- legal reoairements in connection with the bondir.�g p7rogram for the election on April 9. Mr. Farrier -on.cluded his statements by ot"fering to answer questions. In response to &-question by Counc. Noel, Mr. F. said the :architect would be selected by the City of C:pertino, the County will :cork with the architect, and ,approval of the architect by the Board of Supervisors is not required; the Board does have something to say about the plans, preli-minary as well as final. A second question from Counc. Noel concerned. part of (C) on page 3 of the lease agreement, "In addition to rental herein otherwise provided for etc. ", and he stated that $18,000.00 over a 25-year period with no interest is a f3ood deal. and he wondered if something should be in the contract to cover interest a4er the 18,000.00. erawes�►as� s Ear. F. reiterated tbaom City does have tba right to Ok at this as an investment in considering the interest and it would be to the City's advantage to do so. library r, the rseBult of handling it in this er would be a reduction of/service as it wo ld be neceffis to use money out of the \q9vn63PLs t operating coats. The County feels '.tit it is an eVitable array event vuerein the City and the County So not make maney oe from the other. Counc. Xcel remarked that from a pablic relations gpint of view of both the City and the fmudgLibrary, is he correct in supposing that the 210 tax is sufficient to cover the bonding obligation without an increase in tax to the taxpayer? a Mr. F. answered that although it will be difficult, present existing County Library Service operations wi?1 continue in the entire County Library Service Area, a total- of 11 and, including CuWrtino, three In addition to this year's expanded program-, the County rill ta'te care of and open the Campbell Library building and the Cuzpertino Library, both 1-2,000 square feet, and both will operate within the 210 tax. When these bui;dings are oTjned there will be a.-- increased use over present usage, and as this is not an expansion of the program but is a meeting of the needs of the area, at that time the tax would probably ham- to be increased; the County is required to open the buildings within the 210. The change in program with the City of San Jose on July 1, 1967, enables the County to I stay within. the 210 because at that time we recovered for the use of County library service area the money expended on the reciprocal agreemer_t Figured whereby San Jose borrowers used County libraries without charge. /On a direct cost basis this was about $48,000 a year, on an overall basis about $115,000. was that at Counc. Noel stated that Xthe Lnformation he nought now, however,/ I the actual moment the electorate votes on the bond. issue it would not cost them one more cent and there would not be an increase in their- taxes. Mr. F. assured him this was correct in relation to the County Library Service area and that it would not increase the City tax before the County begins paying for it. xj Counc. Stokes wanted Mnow if the title to the prcMA of one acre (with respect to the $18,oco) would remain with the C•.-uy of Cupertir 1, . Farrier said it would remaim with the City of Cupertino, that both the building sod I and are the City s property, and the ,Ommty would s imply be returning to the City what it had paid out. rAmme. Stokes said he agrees with the librarian -e that the City is A gaining a libraz-y and it would not be able to provide: a library at this time without such ass:Letance from the County. jThe City vould be repaid for the land which the Cupertino taxpayers ban paid for. The repayment to the City of Cupertino tax- payers is ceming frm the Library Service Area, although the Cupertino tax1miyers are also in the Service Area tax structure. Mr. F. was queried. by Counc. Stokes if it were not in fact true that the repayment of the bonds would cam from the Service Area. Mr. F. Mated that not only the taxpayers of Cupertino are in the Service Area but such ether cities as Los Altos, Morgan Hill, all of the incorporated area around Gilroy, Milpitas, etc. , supply taxes for repayment of the bonds and operation of the library. Stokers said some of the other people in the County are getting a free ride on this but the cost to Cupertino is relatively small. kHe further stated that after having worked on this wit'D Geo. F. _'or 2 years he would not like to see it returned to the Berard of Sapei-visors for reconsideration and then back to this Council_ sphere the opportunity might be missed to place it on the ballot in time. It appeared. that there is much needed work to be accomplished in getting an architect and plans drawn. He necommended that carrier's recoamuendations on the lease be accepted. r Dempster, Our F ce Director should ..hank w other cities in the cotnity during the ensuing creek and .repott by next week on hose they are handling the interest on such monies. Fitz said are have copies of both Los Altos and Campbell leases. George 4 said that the Campbell/W the proposed Cupertino lease are very similar although there were some differences in the Los Altos Lease. The L.A. lease provided for the repayment of the land ever a pericod of 40 years. However, this was 5 or 6 years ago and both Los altos and the County feel they world not do it in this manner today. therefore asked Campbell to consider this present type of lease as *w are also prerentirig it to Cupertino. Money is very tight with the 21e tax. He pointed out as well as the fair share of the overhead that the direct operating cast.for the Cupertino library is about this year, and this is more than the revenue that would be derived from Cupertino at 21c/. Johnson: sked GecAge whether the grounds and parking lots w,>uld be maintained by the City of Cupertino under this agreement. Geo. replied in the affirmative, to tie into the City ruain*enance: l;rogr.~ wl-,ich would bE, c zeaper than sendi.n. out a Count f maint.enanc c crew. Lan.- .,caging would be under the approval of th� City of Cupertino -. to plan- themsel'vej. by Johnson: Original 11andscaping ekould be coord.inatc-d Kiitk�the County Sup^rvisors and approved by the City Raux8g Council. George said ties. Johnson recommended to the 3Iayor that the Council consider that t'.e Cit maintain the land;�,caping a., they would with other buildings in the Ci.t ,, Center now and in the future. Dempster asked why the lease did not include maintenance as well as original landscaping. George replied that it could be included in the lease if there were agreement between th-e City and the County. He furtl-.=.r stated that the origarialAlease iith L.A. included a provision to the effect that the County bear the cost of original landscaping and mainterance t and �1.n�wa�, not approved by the Board of Supervisors in that format/ until Los Altos Wed to accept the mfaaintenan oats. This same type and Of agreement on maintenance is A the Campbell lease ths.the present Board it of Supervisors takes the position that,f_is�less costly for the maintenance to be handled locally. Thf Board has indicated that it will not approve this lease unless it is handled in this manner. Noel: Commented that it was his understanding that attempts to provide maintenance on lands which the City did not own were not allowed. 8 Answers by other members of the Council reiterated the point that the would City wiltk.retain title to the land, and would only apply to capital improvements. Dempster: asked whether it had been considered what the yearly maintenance costs would be for this library operation, or if it had been considered. Geo. replied that this had not been considered. However, in Los Altos the library 's location in an apricot orcha:•d created almost no maintenance exrense as the r retained rights to the orchard yield and maintained the orchard. In the Los Altos parking lot they simply use the City sweeper, so the outlay for monthly maintenance Aas no more than approx. 30 m°x 40 dollars a month.. Dempster; stated that there may be additional cost: and he felt that 40 dollars a month ujuld be too low, that it would be closer to ,100 a month. He fel-t that these figures should have been considered %hen the contract was drawn. The 'Mayor asked the City Manager if he would care to comment on the maintenance ap costs of such an operation. City Manager: He had worked with Air. F. for 2 days on the provisions of this lease, and he thought it was a very good lease. He also dis- cussed the $16,000 land cost with Mr. F. and whether the City should receive any interest on this. This would amount to approx. s7,000, over a w'S-year period. The City Attorney would probably comment on this item Ile further stated that in his opinion the maintenance on the land- > soaping would not exceed $50 a month. Johnson said the agency which would have final responsibility for the land- scaping and also far maintaining it would be Cupertino. He further pointed out that no matter how many other agencies were in the Center it would still be considered the Cupertino Civic Center and responsibility for it remains with the City. It is to the City's benefit to retain a favorable image, and considering *knxisstz* that maintenance would be less than $50 a month, this would be to the City's advantage to maintain it to its own satisfaction. The Mayor agreed with Mr. Johnson's position, and asked the City Attorney for hiE comments. Sam said he had discussed these matters with George that afternoon after the City Manager's request to review the lease. The City Attorney requested that 'dr. F. advise him of the comments of County Counsel on the points teat he, the City Attorney, had raised. George replied that; he had discussed these points with the County Executive's Office, and they had replied that they prefer to retain the lease in its present format and that they were responsible for the substance of the lease. He stated that he had not discussed the points with the County Counsel tecause of the position taken by the County Executive's office. The City has the choice of determining whether they wish to -mmke this ahatew use of the land as an investment amd contribution, t# -landbcapaa�gr-au�l-tlze-Geur+ty -�;r®€®s - - to- -.fie City Atty. stated to the Mayor that his comments would be is follows: This is a joint County-City library% as there are expenditures being made out of the City Gencra,l. Fund which will carry on for 50 years. Under the Joint Powers Act the Ci+y Council has the authoity to enter into a contract with the County to create a joint City-County library plan; it is within the powers of each and therefore is within the powers jointly. However, it is He is of the opinion that misrepresentation to state that it is a 10 under contncct County project. 9 is not a County, project for he following reasons: 1. $18,000 was the acquisition cost which the bondholders paid when the GO.' bond issue was passed. If the money carries interest, and the City is putting in a18,000 on a purely County project, then a legal rate of interest of 6% should be charged to protect public funds. ?. If you waive the interest then it becomes a joint project in addition to the 21c tax. 3. The $19,000 is not a purchase price for the land -- it is a lease price, so that the interest paid wnuld normally be 6%. 4. The City may determine this tc be a joint venture and to pick up the tab to maintain County property under the Joint Powers agr:ement. The city has the .^ut-hority to make this determination. 5. This should not be classed as a County project and the City of Cupertino being the lucky recipient of a County 'library. �iithout the joint Powers Act, the Cit: would not have the authority to obligate funds for County projects. fie felt it was necessary to discuss these points with the County Counsel,. Stokes asked the City Atty. whether it was neceasary for the City To charge 6b on its mantes, as the City frequently invested money at 45o. *v-4**w. City Atty. replied that there is no law regU-Lrir.g the investment of public funds at 6;b but that traditionally this iti the legal rate of interest on funds. The Council may decide what the rate of interest is to protect public funds. Stokes (1) commented that he did not think it was a bond issue that had been used to purchaso the land criginally and purchase had been accomplished through general. funds. City atty. replied that the original purchase had been for 6 acres and he did not believe it came out of the General Fund. Stokes replied that he believed the purchase preceded the bond issue. Members of the Council indicated the purchase had been through the General Fund. Ci y Atty. withdrew his point that it was purchased with fund* interest of 3 or 4% the lease under a bond issue but restated his position thatatt still fell wi= hin the provisions of the Joint powers Ac*. Tht- Council would be contributing the interest on $18,000 for 50 years and prov .ding maintenance costs of SO to $100 a ment.h for 50 years on County grounds. The -its own co r po r.; t i oa- _ Pparentlya.a sers $ George: stated that if the City charged interest then the County would simply have to take it out of service funds. The City then would be in � the investment business at the expense of library service. Mayor: said it was agreed that pr `ce of the acre -4+e �'-18,000 the present value would be approx. 550,000. However, the City does need the library badly. the Land Stokes: Asked whether i,: would be appropriate to put into the agreement at an appraised valuation. It would also be possible to use a -t;',o inter,.�t figure in lieu of the legal rate of interest cited b-- the City attorney. lie felt thot the !Mayor's point on the land valuation contribution was a .Si.nificant.paixt Sam: Specific terms of the agreement indicate that the yearly payment of 720 will termir.�ite in 35 years and the second 25 years ti4il ' not require any payment., Therefore an interest the!: ry i- not possible, ax The 77"0 Payment will have to be extended .for the second 25 years, if it is to be considered unr.er an interest theory. also stated that from a l.n;al. point of view, its status was very puzzling. George: reiterated the point that if the C.ity wished to c,a into the investment. Qanzapt business versus library service, that is t.ie City's choice. lie felt that it would be it situation where the taxpayer would be t 1ing money out of one pocket and putting it in another. The City I wn ' d still, have to balance an investment egcAn against the loss of library service. r � y Dempster: though that County Counsel should b® onsulted on this matter. to detc.-mine what is proper and fair. He felt that the legal questions required a meeting of the minds by both City and County counsel. Deputy Geo. stated that,.County Counsel 's signature appeared on page 9 of the lease, and indicated ichat lie agreed with its provisions and he also had drawn up the lease. Cite Atty stated that he did not enjoy his position in presenting obstacles to rapid agreement to this contract but that he felt it was his duty to present thecae issues to the Council as„z�cccsiu` R sbeacgaV?enged in the future. Maycr: states) that the 318,000 price indicated a substantial contribution by the City but that a presentation (; the C -unty based or, appraised valuation would probably result in an adverse decision by the County. City Attorney: felt that Council. should .consider the 578,000 as beinn the amount of rlublic funds in this- project. lie �zai.d he had not been certain as t;, the reasons for the payment of y720 a year for 213 years but that the Council h-id the authority to consider this as a contrit)u- tion on a joint venture with no inter_st, but pointed out that the pro- posed contract is not worded this way. Counc. Johnson stated that the issue to be presented to County Counsel for review was whether or not the City can agree to this without interest, but that he does not understand why °t is being returned. to County Counsel. Counc. Stokes: What Mr. Anderson pointed out is that the contract should indicate it is a Joint Powers contract and solely a contribution by the County because, in effect, we are making contributions here financially -- both through ,price of the land through no interest and through the fact that we are going to take care of the maintenance. City Attorney further pointed out that legally, if we are going to contribute money, to the main- tenance of this particular problem, in order to make it a legal contribution, it should be a Joint Powers Agreement. Johnson: asked the City Attorney i.f the contract would be illegal from the point of view of the City of. Cupertino if made as now written without citing that it is under the Joint Powers Act . City Attorney answered that this co,ild only be decided by a court and that he would not want to approve it in the form or shape it is in, but that it could be executed without his signatare and. unless it comes before a court or is hauled up on a taxpayer's s,zit, the answer to the question will never be ;mown. Johnson asked him ' L. we would be protected from all of these concerns if we were to cit-,, that it is under 'che Joint Powers Act. City Atty. replied that if the "ity were to make the contribution here and set forth clearly what it planned end intended tc contribute and it was done under the Joint Powers Art, it would stand a m-_)ch better c4uuga. in a court, ter in:,- Stckes asked; the librarian how the contract with theCity of Campbell is -orded, wherein they have not yet purchased property® t; Librarians the City of Campbell does not own the property -- it has to be purchased and this is in the bond election so in that case was asses simply raste the tatal cost V% t a boarding company Stokes asked the City- Attorney to give his opinion,:of the situation z i tsre the city would be ste2y repald the $18,OW o,tt of bond funds. g' t; city Attorney rMaied t$..:t the contract nog- provides that the County will pay the bond parnwAs as due. If +he City were to take this $18,000 out of 40 'bond issue, it would in efrect be ding the parcel of property to the Cotwty because the County would be paying for it over a period of tine and the City would have the contractual obligation to main- tain it in conjunction with the Civic Center as part of the overall maintenance. Stokes asked the librarian if there is a possibility of getting around this particular item by taking the $18,000 out of the bond issue and immediately reimbursing the City for the 'payee of the property. Librarian answered that this wound raise the bond issue to $318,000, that the City would be paying the bonding company interest, the result being an investment to the bonding company instead of the City of Cupertino. Stokes agreed with him and remarked that it is legal for other people to make money but if the City does it is illegal. Librarian thought that the question of legality was not the point, that the important factor was the matter of policy. However, if the City wishes to mPke money on this, the County Library service would have to be reduced to that extent. County looked upon it as an opportunity to work together with City of Cupertino to provide community library service; on the other hand, if the City desires to go into the policy of investment between govern- mental agencies, qF only recourse is to take it back to the Board for their decision. Stokes thought that it is not true that the bond issue would have to be increased by $18,000, that the cost of the building could be decreased. by $l or $1.50 a square foot which would almost immediately pay for it, mentioning the square rootage as 12,500. Librarian stated it is not known what the cost for a 12,500 sq. ft. building would be at the bidding time, but that the County thinks the sum a fair one r g for a building of that size, which is e, minimm size. Stokes Mated that the architect could be directed to design the building at 12,000 square feet so that the cost will not exceed $282,000. silo The librarian agreed that this was possible, but this is a matter of conjecture and that the Board is primarily interested in getting as large a building as possible within the sum produced within the 210 and actually had hoped to get a larger building but this was as much as could be financed now. The Mayor then asked the librarian how this issue would be affected timewise with a 2-week postponement to give City Attorney and County Counsel time to review the contract together. F Librarian: A matter for the Council to decide in relation to the bonding { months (�° April? schedule. It should be settled,/before the bond election, dannrg 9. The City Manager desireci this "or the agenda this evening because of %.he time element. the Council meets on Mayor stated, after being ac:vised by City Clerk, that/Januar-i 15 NMEbtckff that date so/111 would be the deadline for consideration of this matter if it is to be on the ballot. in the County Counc. Nbel asked the librarian if Opeople in areas/other than the would Cupertino aree/have the same library privileges as Cupertino residents because it is a County Library. Librarian answered affirmatively, stating that the reverse is true of Cupertins residents who use other libraries. These instances are seldom. Noel: This returns to the point of view that, in effect, the City of Cuperti .°. would be giving the $18,000 to the County for entire County use. Librarian: City would be giving it to the County Library Service Area in theory but actually in effect it is not true. - It is true-of Campbell as-tbe3� €�a1 -essersce tksat- —t a �a� - �iad_th+ere--wmild-be no Wither- -rental--and- Uut- oats__ani. ---#hey-Wer-a-Wit- ted--ia i.£. proposed Counc. Dempster Wented on the location of Alibrary. He had some #' question as to the master plan for the f acres and the location of the Library in relation to other City buildings. City Manager replied that the library was placed in consideration of the sites for Municipal Court building and the City Jail, and he felt x; that it should placed next to the City Hall rather than the City Jail. Dempster stated that he was not really criticizing, the proposed placement of the library but simply felt he would like to participate in discussion as to its possible location. May/say® a postponement for 2 creeks on arriving at a decision would result in no safety margin on time for placement on the ballet, Gilai-r.- renter �rga-t mot1-01re h Jo inson_ �f WFOY/lr� W KAI tb[axemmAxiliwas.the possi- bility of a taxpayer's suit on the propriety of having the maintenance costs paid by the Cit of Cupertino and not charging interest on the ;1 8,000.00. City Atty. replied that those were the ? points he had raised. 110 also noted that the basic 1.ssue; Eras whether the City wanted to execute an agreement for use of ►;h i:; tiroperty by the County for a period of 50 years when no rental or interest was chorged after the fi.r;,t 2.5 years, and also committing the City, to maintenance of this property for :�0 ye..ittrs on the basis that the title remain: with the it,; :aAu/w��ltr �ertyba.k to- it after the 50 y:,ers. - c- sa-i-d- the mairr is a Wlk.'A.}4 -fie uhet-#aee tla4 <OUje-i]- Wit-shed -tO -e a'(k:t the Gerferal Fund to tile }cam.c e a f-the ae.e g raund a�;.c# --the fear. i-t:. Counc. Noel asked whether .;icrc was any difference between this type of agreement and that of a City Park where there is no revenue from the park. The C.A. replied that the difference is that the park ar•ran_,— went is an intra-agency agreement where this contract is between the City and the County. He further .oaunented that it is a substantial investment for teCity,llthe bond"capacity wile involved to the aunt of $300,0M.00. Farrier stated that it was his understanding that the bonding capacity was reduced on a graduated scale ftr the commitment to this library, and that there was bonding capacity which had not yet been tsed. Pbe He felt that the only real investment would be in the land, and the City would then have no opportunity to sale it during this period, but its value would still remain. He also stated that he felt that the landscaping and maintenance would be a small investment and that the City would not be in thi:- lihra y business but would be renting the bUiiding and the land for It. Mayors Sk directed >+. comment to the C.A. to the effect that the lease f,peared to require the signature of the C.A. .as to .form. lie asked as it is written the C.A. whether he would sign the leasesat the present time if the Council approved it . nc(, C.i.ty 1tty. rel lied th..it tie would not sign it as he felt: that it w =uid be improper. ife r,.l�.o added that the Council had the authority to apj rove this contract A Lth,,ut the r . -+. 'S gnature. The contract would b<- bindi.ng witht{ ut hi eign,,ture but that. he, personally, wa:- alarmed by it. Noel asked what would be nvice-,5ary in order to sati4fv the CYt'� attorney on this contract. , and whether it Anuld re,it.iirF Cityy Attorney. 's feu discussion witi5 o n ;V Cc,ur;.c 3 )n the matter; and if this were neress�,r% the Council could postpone iction farxenexueak to, ir,other Meet. nc;. City .attorney said 6e( tion 9,�, , K) of the A ). erir.,n( nt '-ode AutharizeS the City Council to l.eaa e prnperty owned by it if certain procedure,, are followed such as publishing of notices .ind then if no other bidder made a higher offer, than the County could lease it. however, he doubted the application in this case. As an alto-rnative an agreement executed jointly by the County and the City under the Joint Powers Act would remove it from this possible involvement. 'Phe responsibilities of each would have to be clearly stated under a new agreement identifying it as a joint venture by the County and the City. Noel repeated his previous q,iestion with an emphasis on time asking whether such a revised contract could be prepared ih time for the next fwseting. City Attorney replied in the affirmative saying that one had been working NV4'h the County Attorney for the past 12 years with extremely amicable relations. Noel asked whether concurrence could be reached by -%.A. and County prior to the next scheduled meeting. S<+,-ekes7 aftWptfEaeT the next meeting was in January and the agreement would not have to be completed palor to the 15th January. Demps4orr er Stokesv said if the Coimcil approved it during the firat part of January and then the Beard of Super- visors rejected it.) it would place the acquisition of the library in jeopardy. and he felt that an emergency session would be required so that they could negotiate .it with the Board of Supervisors in case of difficulty. Dempster replied that, it was his understanding that no terms coon ry mould be changed and theAExecutive would confirm it, stating, that the only change would be to place it under the Joint Powers ;:rt. Johnson asked what powers the City had under the Joint Powers Ar. u'cmpster replied that the County was not concerned with the problems that the City might have with the present agreement and that the City attorney had stated what the legal problems were. Stokea asked the City Attorney whether the present contract wa-s legal x and enforceable` tka-xgs*xxeapttmdxkkmt xmm*xk[aK in its present fc-irmal. providing for the lease of the acre to the County for the S18,000 and with the assumption of maintenance costs by the City. The City Attorney eplied that he did not know` the answer to that question, - �k and that he would have to work: this out with the County fey. He stated further that drawing a J.P.A. contract would not be done in a matter of a half an hour. than,he_ Joint Powers Act -contracts c The Mayor stated that the Council appeared to have two choices before it: (1) the Council could approve the pNumuak contract in its present format , or (2) defer action for 2 weeks until City Atty. completed negotiations with the County Attorney. Counc Noel made a motion that the City Attorney contact the/,o�n$� � nael Effaxney and achieve mutual agreement on this contract at the earliest possible time and to report back to the Council in an emergency meeting. Dempster pointed out that it would be possible simply to continue the present meeting to a later date. Cqune. Stokes seconded the motion after some brief discussions by Council members on time factors. he asked Mr. Farrier if the Co. Bd. of Supervisors had a meeting on December 26t!�I. Mr. F. answered in the affirmative, and that they meet on the 27th also. Counc. Stokes then moved to amend the original motion to the effect that ad iourned I thc- Council have a/me zng on Saturday, December 23, 1967.. The vote on the amendment carried 5-0. The Mayor called for a vote on the original motion but Mr. Farrier commented that he did not feelthat it could be a joint operation by the County and the City as the County had the sole authority under State law to establish libraries. It was his understanding that the Board of Super visors and the Library Service Area were attempting to rent lands which ' for the purpose of approving the contract and submitting it to the Board of Supervisors for their Dec. 26 meeting.%' the the cities ownedder„&A sgreementswith Los Alamos, Campbell and Cuper.- be willing to tino, and he did not feel that the Bd. of Supervisors would.enter into ,t✓)(jd/loint Powers agreement with Cupertino. The Mayer stated that he agreed with Mr. Farrier but that there was now a motion oft the floor. The motion was voted upon. Motion carried 5-0 Counc. Stokes asked for the position of the Comail on the matters of the rental and the maintenance so that the C.A. would have full bargaining authority. He suggested that the `;ity be reimbursed the S18,000 out of the bond issue, title would still remain with the City of Cupertino. In his opinion this would result in a transaction with no City funds invested. Further, it might be possible to increase the bond issue from 'r300,000 to B-318,000. Counc. Noel commented that he felt that it was a substantial gift by the Cite considering that the property was worth 15,4 50 or 60 thousand. Counc. moved that no interest be charged for the 518,000 lease price, seconded by Counc. 'Motion carried 5-0 Johnson asked whether it was a significant matter from a legal point of view that the City recover the 51.8,00G. The Mayor replied that he felt th�it it was necessary that the City be reimbursed the 518,000. -TES-✓,zS Counc. Novi asked whether it would not be possible to consider the 318, "r")O put into the land as an :investment rather than attempting to recover it at this time. C.A. ..-eplied that the same point had occurred to hint, but that if it were considered an investment it should draw interest. If the City placed a municipal building there it would increase its value, but if it were leased for some other use it should draw interest , otherwise it should be considered as a gift under the proposed circum- stanc,.�. y( Counc. Stole commented that it would also be possible to equate this ars a matter of public benefit in considering the patronage by people in the area who would be buying goods or services in the community. Mr. Farrier stated that Mr. Allario was very happy to have the library in his shopping center as it drew customers into the area. Counc. Johnson tsmmented to the Mayor that the City was not drawing interest on the property at the present time. If a building were con- structed by the City and for the City on this property, interest would not be charged and since the projected use by the County would return the land and the building to the City there would be no reason to charge concern interest. He further stated that he did not understand theaanrsessaitX over a afxxwaaxuxxxg„the S18,000. The Library would be in the middle of, Cupertino and almost exclusively used by Cupertino residents. btux$tatad tkactxhaxfaz3caadxt�sxsaaxtksxAsasgsaik�CxfssxgegrancHaiatgxiatasegtxsnexiisa Counc. Dempster reiterated the position it was not used exclusively by the City as it was operated by another agency and not exclusively for City business. dakmsanaxask�dxwkutkaaxtka.x&i%3cx► nmidxkaaexaxiikwang ifxitxwnsexnstxfsxx&numtgxaetimm. Counc. Stokes asked Mr. Farrier whether there would be any problem with the Board of Supervisors in recovering; the �18,000 for the land out of the bond issue. Farrier replied that hit foresaw no di.ff'icultie. for the City in recovering 't.he " 18,000 for the and as ti :is wa:-- a recognized, value at the time of acquisition. Counc. Dempster moved that the 518,000 be repaid out of the bond issue, if it passes, and if necessary,after computations t;y the two bodies involved,that the bond issue be raised a sufficient amount to meet tka this problem, 4 econded, by Stokes for discussion/ but pointed out that he felt that the Council. should provide s , avenut-3of approach i for the City AttlIvey in his negotiations. Mr. Farrier commented that he was uncertain whether the Board would place the building at S282,000 as this would be too close to the cost margin in considering rising prices. An increase in the bond issue to S318,000 would probably be considered a less desirable lease by the Board and questions might be raised concerning it. Dempster asked why it made a difference whether the bond issue was F $300,00 or $318,000 as the 518,000 would have to be paid by the County either to the bonding company or to the City of Cupertino. Farrier replied that payment to the bonding company would be of no benefit to the City of Cupertino and in addition the Council has now voted not to charge interest and it would cost the County more money by repaying this to the bonding company %with interes-.Ed - lkry te k4"4 thee ( e � t ue — G _a moti-on--as- fv-LL1 The motio-n- ,ate. t.ha-t._..:the �1�,000-� #�i�- a€ the baud--fund tha.t. -the_ -.issue -to_" -i-R4GFOa,-•cad to cofnpeftea-t7e --for -the payment.-t' Prior to vote tally, Farrier commented thz:it if the 518,000 ai;ded Council and the C''our..'.,v to the bond issue kksy„would h�, asking- the tax;).--.yors of Cupertino-to pay an added amount which they could not br, paying un•fer the present proposed agreement. Dempster replied that t.:is would be an eq:.itable decision since the County .residents would 1be entitled to use the library: also. The Mayor stated that t.hi.� was the point they are asking the C-a. to reconcile with the County Counsel. -A.t- Aayer- - armed•-_•f,�� v-ot e--cvtau.L�_ �te:k�aaxasaaisal�.c�xS AYES: Dempster, Fitzgerald, Noel NAYS: Johnson, Stokes Motion carried 3-2 Mayor asked for discussion on the maintenance problem. exterior Moved by Stokes ('* that the City of Cupertino take care of the..main- A 1 tenance and landscaping, seconded by A'otion carried 5-0 Farrier commented that he would bd happy to mantawt meet with the City Attorney and the County Counsel the next day if the sch(.dule permitted. M l coijnty of cant ia- ra s E207 MOWN UARKWT.TRRiT GAN JOSM.CAUPORNIA 95110 Decenfoer 21, 1967 M2 , Philip W. Storm City Maa Eger City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Dear Phil: This letter responds to Che communication from Cupertino City Attorney Mr. Sam Anderson., regarding the proposed lease agreement for a library facility. Although we snall move as rapidly as possible on Cupertino's suggested change in the lease, I see that it apparently was not understood by your City Council that the Board of Supervisors on Monday, December 11, 1967 ad.oGre3 the terms that you and I had agreed upon and which were presenter` to the Cupertino City Council in lease fora:. Therefore, we of the County Stafi have take.i .ha only course left open to us which is to present to the board of Supervisors on Tuesday, December 26, 1967 the Cupertino City Council proposal as outlined by Mr. A,-derson for its further consideration. Ti_e Board will also have the sugges'.i.5)n that from a voter approval standpoint it would be better to ret::'n the bond issue at $300,000 and revise the lease to provide repa,,=. ert to Cupertino of the $18,,000 with interest (probable bond rate of 4%) ever the twenty-five year period. If the Board decides on this latter course, Cupertino would have its interest and principal payment direcr. from the County annually along with the bond cost payment . `.his information is all that I can provide for your Saturday, December 23, 1967 special City Council meeting. We will need to confer mediately after, the Board's decision on Tuesday, December 26, 196; in order to plan whatever needs to be done next - Attorney conferences? Another special City Council meeting? Etc .? I shall be glad to attend your Council meting on Saturday if you deem it useful. Sinceee�y, --G709aE F. ��iER County Librarian GFF:jo cc: Mr. Sam Anderson Mr. Howard Campen l county , of sant*Wlara F F t 7 1 COU"IrV ADMIN18TRAThM RUILDiNG vo wMar Ner.®1Nm®TRKCT 1304tB1 S94 SAO JOie, CAMPOWIVIA 96110 200-8389 December 28, 1967 nr, William E. Ryder, Clerk City of Cupertino 10300 Torre Avenue Cupertino, California 4ubjects Agroement with City of Cupertino For Lease for Branch Library City of Cupertino Dear Mr. Ryder: Enclosed you will find a fmlly executed copy of subject: agreement between the County of Santa Clara and the party (ies) named aboae. The Board of Super- visors at its regularly scheduled meeting on _ _ December 26, 1967 approved this agreement: on behalf os the County. The enclosed copy is for your records. Very truly yours, JEAN PULLAN, Clerk of the Board of Supervisors ® Zee -- Deputy Clerk JP: jc Encl. f. mo A 3 •.IG Rl MGMP2."I Ol.l %ALPM M,MEi1RREN6 47,UiSIRICT SAM P DELLA MAGGIORE. 3.vb DIL*.IC1(CH I.YAI. MARTIN J SPANGLER,1—UiSr"ICT CNAIll A. OUINN. 3.0 OIAT.ICi JEAN PULLAN. C. f1 OF THE MOAO� f j . City of Cupertino c NOTICE OF LAST DAY FOR FILING ARGUMENTS General Obligation Bond Issue Library Building Notice is hereby given that pursuant to Sections `O10 et seq. of the Elections Code March 1, 1968 has been established as the last day for the acceptance of arguwents for or against the General. Obliga- tion Bond Issue for the folloving municipal improvement: A library building to be constructed by the City on City-owned land in the Civic Center, together with offstreet parking facilities and other site improvements therefore. Arguments for or against the aforementioned measure to be voted on at the General Municipal Election to be held on April 9, 1968, will be accepted by the City Clerk until 5:00 P.M. March 1, 1968. Wm. E. Ryder City Clerk D IN Q.. countv c7fimntmPlau 3: Y' r` A001114119TRATSOU MUMO_NG TO June 26, 1968 mr. William E. Ryder, Clerk City of Cupertino 10300 Torre Avenue Cupertino, California Subject: Agreement with City of Cupertino For Amendment to Lease Agreement Cupertino Branch Library Lear Mr. Ryder Enclosed you will find an original and =w copies of an agreement between the County of Santa Clara and the party (ies) named above. The Board of Supervis037s at its regularly scheduled meeting on June 24, 1968 authorized its Chairman to execute this agreement. on behalf of the County. After execution of all copies, we would appreciate your returning two _ copy (ies) to this office. Very truly yours, JEAN PULLAN, Clerk of the Board of Supervisors By C—re jc �� �� Deputy Clerk JP:Enc 1 es. ,gam NO. 1 `9�-V_ _ �ti;,� ,-T. SIG SANCHEZ IST D 1 -C* RALPH N M NRIK¢N!,AT-0-ST4 '�T SAN P DCLLA MAGGIORE 2v D A t CT MARTIN J SPANGLER, 9T,D.ST4 CT CNARLl.A. QUINN. 3a.�0 AT' CT ICwAIAMAn) JEAN PULLAN,C.Ann G r—9C^A-- August 5. 196E era. .Teary Full,au 9 Clerk board of Supervisors Room :24, Coucty Adaaiuistration Bldg. 70 W tst Heciding Street Sari Jose, California VDIIU ::ear :rs. Pullan. Z ar. returain{ to you two (-,) copies of ttie Lease :+cgree- ment for the Cupertino ranc:' -ibrary as amended and approved by ttic Board of Supervisor3 ,and the City of Cupertino. %ae Lity Council of the ClIty of GunErtlno, by minute order, a-iprov^d t7.e aaeudmants at,d authorized t ao ';agar anj (Aty to viF,s. trc document. Very truly yours. Wm. r_, t; Jar City Geri. August 12. 1966 a �k. Ar. �wffae Farrier :;Guucy 3.1 1Ca81at3 1)7 .septa Mark*t street ::are Jose, 95115 .k ?ear toe record, Y as= torwarding an m4ortiaation seneaule for the parueut of redw-.,ptioo and intareeat on tho <.ibrary boas issua with the request that it be srpravvll '.y tuis :,rsurt-, »u►sc,ant to the lease St ree:ont. shis scii*,:ulc was tentettvelp a%read to 4n =y otftc4 lazt aFrlJay iu a ot.u€ereucf of yourself , srself tuic s_ btc+.:c fosc,„bar; :xur ftnat: ci91 corasuJ.tsuLa►. `erg truly youra. of <x , Aty :..IPtC< CITY OF CUPERTINO $300,000 PRINCIPAL AMOUNT ESTIMATED ANNUPL BOND SERVICE Year Ending Principal Interest Principal Total October 1 Outstanding at 5 Percent Retired Bond Service 1969 $300,000 $ 15,000 $ 5,000 $ 20,000 1970 295,000 14,750 5,000 19, 750 1971 290,000 14,500 5,000 19,500 1972 285,000 14,250 5,000 19,250 1973 280,000 14,000 5,000 19,000 1974 275,000 13, 750 5,000 18, 750 1975 270,000 13,500 10,000 23,500 1976 260,000 13,000 10,000 23,000 1977 250,000 12,500 10,000 22,500 1978 240,000 12,000 10,000 22 ,000 1979 230,000 11 ,500 10,000 21 ,500 1980 220,000 11 ,000 10,000 21 ,000 1981 210,000 10,500 10,000 20,500 1982 200,000 10,000 10,000 20,000 1983 190,000 9,500 15,000 24, 500 1984 175,000 8, 750 15, 000 23, 750 1985 160, 000 8,000 15,000 23,000 1986 145,000 7,250 15, 000 22 ,250 1987 130,000 6,500 15, 000 21 ,500 1988 115,000 5, 750 15,000 20, 750 1989 100,000 5,000 20,000 25,000 1990 80,000 4,000 20,000 24,000 1991 60,000 3, 000 20,000 23,000 1992 40,000 2,000 20,000 22,000 1993 20,000 1 ,000 20,000 21 ,000 $241 ,000 $300,000 $541 ,000 August 12, 1966 M. H. Davison Municipal Financing Consultant Stone & Ycungberg 1314 Russ Building San Francisco, California 94104 Dear Mr. Davison: My apologies for your not havin,;. received my letter of authorization on the immediate sale of the Llbrary t;ond issue. The 'Letter waa retarned to us this c&ornin7, as having an in- sufficient address. It is enclosed. Also, my apologies a�,ain :or not havinz Rent you copies of the amendment to the least agrek—ment. 1 had thou;ht this was done. This too is enclosed Will you nlease advixe '4r. Kadle as he requested these this morning. Very truly yours, ...n. 77. 71v er City Clerk i-nclm. t t 3 August 12, 1968 Xr. Edward E. Mitchell Orrick., Herrington, Rowley 6 Sutcliffe Counselors and Attorneys at Lav 405 Montgomery Street Saco Francisco, California 941G4 Dear :r. 4itcLsll. Z am forvardinz for your files two (2) copies of an amend- ment to the Library Lease 4. reer,ent with the County. This was approved by the County on June 24, 1968 and by the City Council on .luisr 1- , 1966. one delay in `orwardin:, wfi-A due. to C:ae unavailability until. last week of the -avor who had not. yet 91%ned the amendment. Very truly yours, Wnt. F. RyGer City Clerk nCIs. August 12, 1968 Ar. Sam J. Anderson 14457 Sig Basin Way Saratoga, California Dear 1r. Anderson: We are enclosing s copy of the Amendment to I.erase AF:,:.eersent for Cupertino Branch Library for your files. Very truly yours„ CITY OF C:UPFa TTITO IvIer City Clerk. �4 A: 6q T.t R. r i kA 31 rp •r`1, r 1/ �141 `• ,....--- ,IYV.Q ♦• iJ I v f0- �°«� � � r\ I I _.._ .... • - 243.Ob r. too r _, I 1 •1,`� I zz ea. %FIRE INSURANCE ON CO. L CITY PROPERTY 10400 Torre,Avenue, Cupertino, Califounia95014 f �w Heide Clementi 293-7917 Alexander/Alexander T Carl Gilmore Alexander/Ale-%ander 264-6700 Bldy by Co. Land by City 10400 Torre Avenue, Library Contact Bon Blackhearst at County 299 3242 get affidavit of coverage POLICY CERTIFICATE will receive IN NEAR FUTURE POLICY CERTIFICATE Harbor Insurance 120694 Northbrook Ins. 63301990 Man%atten Fire and Marine Ins. FI 531600 Mutnal Fire Marine and Inland Co. 26603 EFFECTIVE DATE NEW POLICY FEB. 1, 1976 office is in San Francisco aetr�� _ : ._ ... . .. . .. .. .. .. ..-_.- f�,rnia Standard Form Fire Ins* A Policy.., ;_� _,�.�� • A Capital Sti.i^,ri i,t1li1R1iy No. 18®76-03 r ar 3nrat � m im e :ta n-an E mub ofr�ta�u�'sn�glt�d 95 MAImek,l" Nt New#.OR".,Y. 10088 If 11 PMONE 246-@@2@ ' } )wsstred's Name slrtd MaiYttag Address �C COUNTY OF SANTA CLARA y+.cr a:• f�I`Chcsney �: Webster Tf N+tab,,.oresx.aw•1 ax ,wsu►arq esdves i3 t� 2067 ~TEST HEDDING STREET AT BASCOM AVENUE SAN JOSE CALIFORNIA 95128 • 5/3/71 5/3/74 3 s __. r� in: t3•� M. Jar Yr.) E•r.na! in 'A'o C'sv Yr ' Years _ It a �yorUet (hat Ita watts partials of at1 w4m caferaE the use p'epi!M ran ttactty alike. It they Os sot, 02y ON14 bt saill aaltorm at act. _ INSURANCE tS AGAINST ONLY WHOSE PERILS AND FOR ONLY THOSE COVERAGES INDICATED GELCW BY A PREMIUM CHARGE AND AGAINST OTHER PEkiLS AND FOR OTHER COVERAGES_ONLY WHEN ENOrMSED HEREON OR ADDED HERETO Pfkc ., iD TERM A".NUA+. PAYMENT 1 A,%iktn,,�-a� RATE PREMUIUM DUE D,,E U^.DER DEF, PERILS) Insured Aga,nsr and Cover-I 4 AT INCEPTION 'REM PAY PLAN age(s)Provided(Insert Name of Each)i ti< ..+...____fit___-.s ,__ n S 20,OOO,OOO. S •079 S S 15.��0- FIRE AND LIGHTNING x It x x x x x S .022 S S 4,400. EXTENDED COVERAGE S .008 s s 1 ,600. VM14t __ C '. �t S65,400.— T TOTAL PREMIUM1 TOTAL',S, S S 21 ,800o FOR PO_!L tR D P P P amount cur or rue Pr Cem of T` DESCRIPTION AND LOCATIGN Of PROPERTY COVERED j items ono E.tcr.ded COr• Co-insorexca Sbo+construction, type of root and occupancv of bs:ilding(s)covered or LNo. ;erage,or Other Pe'4L APpOcat le conta.A,nq the pro Deity covered. It occupied as a ooelling state number of familios. ._ i S20,000.000. 9090' ON BUILDINGS BLANKET SITUATED AT: 602B1,i,S(4/62) 475BNS(12/66, 20(7/33) 31 (7/50) 6 NS(4/62) Subject to Form No:sl. 78NS 10/68, FU 60(�)_4ro£9,,,r.`u, 911 J?lJ,¢J.x,. 38BFUNs g�4A1 attached hereto. Mortgage (�Clausrc:/vn:,,., k c,�rtc. irr;u rrnv,�siom of the mortgage clause ittached hereto, toss. f any, on building items, shall be paya,-, o:e t PER ENDORSEMENT i C A ' HED ,r.... ....... or ro.t awo[c,er ♦ro r, , G Agency at,,, $pN OSE. CAL I FOaN IA Co..n;erS,g.•-ture ia;ite MAY 13 1971 IN C0NSIDERAT►O -14 OF T'HE PR0Vi51ONS A N 0 STIPULAT10NS 14EjftE1N OR ADDED HERETO AND Or the aLotie s;.ec,fied do;lars prnmcum, this Company, f(tr the te•m of years spec,ted above from,rc•w,oi, dn'•• s}c— b At Noon .Star,,, Time) ;o r,,.r r: - darn arc. '.I 1,L• At Ncon "Srandaid Timc)at iccativn at property involved, to an amount not excec.-.,.-1,:; the agave speCified :-+.. -a-. wces insure -..mr,y -1. ,.- .and legal regresentat,vrs, to the c..tent of the actual cash value of the property 1t ine time of ic+s ✓ -" cxt�eG,ng Inc amp,-nt wh,cr, ,t would to repair or replace the ;,:o;pert,, with material of like kind and 4ualit. w,-iin a ressC.rao:e ,.rnc ailf" sacs a':,s, w,r".. t a!tow.,ace `,Or any increased cost of repair or reCJnstrucr.on by reason of any ordnance or law negu.ata.g Conssr-ct,Or. rr .e r 'and a. 1n6..t C;,n,,,Ons.t,c-i for )c;: resuL•int, tram interruption of b",,iness cr manufacture, nor in any event for more th.;n the ,r.tcresr of the a,;,I.nsr LOSS LY FiPc. LIGHTNING AND EY REMOVAL FROM PREMISES ENDANGERED BY THE PERZILS INSURED AGAINST IN THIS nLICY, EXCEPT AS NEEE NAFTER PROVIDED, to the property oescr,bed herein while located or contained as descr,;,e f in this policy, or pro -a'a 4:; to.e Cays at a.,cn proper place to which aiy of the property snail necessarily be removed for preservation !ram the grass insurer~ agars• .� -th.s :o;,cy, o-t r.o; eisewhere. Acs•,nmcn; os tni- ,.Ot;Cy Shall nut re valid except with the write., Cement of this Cernpany, This policy .s mao, avid accepted subject to the foregoing provis:ons and stipulations and those hereinafter slateC, wh:cn are hereby made a "a ' bf this policy, together with such other provisions, stipulations and agreements as may be added hereto, as provided in this policy. r � pump G AT-L-ki~ �k• L\I,Ev cMPMMM eCAl, g f, OFfUJ' "F-IJ t ' J.I'• Ui!$ '�IUJT}� 1.•'Y ' i�,. (d fCA `�R' '9w5J•' . !r n ' FRtif Tz�F �4V7 i; ADDITIONAL INSOREDS, 1 C Y O._ CUPE.1 i.'tO. AS RESPEC 7 'U'.LD I NG AT: 10400 TOR I E AVENUE, CUPERT INO. iNC. A CALIFORNIA CORPORATION, 939 '•ARA BELLA AVENUE. — ri, AS RESPECT. NEW .-ERMir4AL BUILDING: REID HILLVIEW AIRPORT. f iii, °EAL CS A E CO'4PANY, RESPECT TO BUILDING AT: 1110 NORTH 1^TH STREE' SA't .'OSE CALIFORNIA J; CITY O� G!LROY, FOR BUILDING AT: 195 - 5TH STREET, GILROY, CALI -ORNIA Nothing herein contcined sholl vary, alter, waive or extend any of the terms, re xesentotions, conditions or agreements of the policy oti er than as above stated. To be attached to and forming a part of Policy No. .��.._)b...�3...................... .. -1 of the................... . _. _..............................................E&GLE...STAR...1`iS.U(3A,G.E...C.a`;PA X.....-•-- ......... ....... ,----•• ------.-............ -._...,.. . ... ... .. Iss,ed to .. .._. ... G.Q�j�TY Or -.A" TA-•CLARA ,l - -. S . Section No. ...... ....... • --- Endorsement No................. ......... ...... .... .S- (.L�... �yl. �'f........ Agent f. I l C, CCM-4/5/71 d C-SERS CP T'+E SCIACC g�9ERYj��9 VICTOR CALVO DOMOCC L CORTE.SE RAiPN N MENRKENS p •. ..,-.�,x„ / T C"+ QLES A OWN% m r SIG SANG MEZ QARA{� BOARD OF SUPERVISORS COUNTY OF SANTA CLARA ROC. '• 524 / COUNTY ADN'NISTRA.TION BUILDING JEAN PULLAN 70 WL3r►iEDDING ST !SAN JOSE,CALIFORNIA 951$0 /2$9-2323 CLERK i BOARJ Oe SUPEPVISCio1, March 23 , 1971 Mr. William E . Ryder. :acting City Manager City of Cupertino 1.0300 Torre A,. enue Cupertino , California 9501.4 Subject : Completion of new rupertino Library Building Dear MIr. Ryder : This is to of fic-ia 1v ad', i ze that the Board of S.lpervisors at its meeting on eta: ' '; '3 , 1971 , accepted the n,',w Cupert -ino Library Building Tar occupancy by the County Library. Very truly yours , BOARD OF SUPERWISDRS _.7 "Irs . ,Juan I'u11an Cle'-I: :.f the Board do cc : County Librarian . Farrier General Servi. :es Agen�::y Public tivor}_s County hxt- cut i.ve ,I r V. + I W1 e 5 �V Ahk March 17, 1971 Mr, Georg. Farrier Co=ty Librarian County of Santa Clara 257 North Karket Street San Jose, California near Mr. Farrier: 0- �,o-jd::y, mcrch 23, 1971, the City Council of the City of Cupert-'-o 10---ri311y aCLCDted the city of Cupertino 7---rar✓ 1-u-Ild'ng. t a Comcil directed that the Notice of Co-,-.rle--ion for the Cuperzi:,a City y Library De rccor6cd., ' he record-,::ion o this Notice of lie hed C'-'. 16, 1971, and a letter of advicp was sent to Yr. 'Noward Executive, tna?: t'Cic- Co:zl--Y could tall-.e i1ding. —Lhis procedure is in accor-6ance w-'t*- the t ry 0-- - of the Lease AIrcama:-;t for. tl-.e Cuoe-,t.-L*-o Branc:, Library, Recorder's receipt is enclosed. the Lease Agreemment also cont-.ains a provision tiizt, Z`.e ter-al thc-ZL-0--, the Cow.ty Shall Pay to t*.Ir_ Cj-_Y t*--,0Le SU-.,, Of Z7.Q--::V wl,,JC'- are due and payable accordingto the said lease. Accor6in—' I zzq,-,z-sting that thosa monieG due the City of Cupertino soon as possible. Our records indicate that for tl.-ke construction , a ,_,;e building, the sums advanced. by the City which are now due a�7.- 4rollows: 7OR CICNSTRUCITICV, State an"I Federal Grant $159,000 County Grant 70,000 Ame n diment to LLase 51,900 Contract rr;, -e Order N'o. 2 380 Coatract Change Order No. 4 352 One-year Land Use Remtal 720 $2822352 La arldiLior- t,,, the =:ove suns adva-aced for conZr.ruction of the the City also has f.aid the following =ounts for debt service r,`cuire- mnts or. t%!:-, bend issua. These su= and that w1hich will be required or 1971-1972 are gui follows: RE 2MMSE "�' AS M"T.A.Y. OF DEBT SERVICE TR, QL'2Rc"TNMS Principa3 P€:3d 9-24-69 $ 5,000.00 interest :'ei.d 9-24-55 15,121.87 Interest Paid 3-19-70 I,406-.25 Principal Paid 9-21'-7 0 5,000.0n Interest Paid 9-2a-70 7,430.04 Subtotal $39,958.16 Principal and Interest Payable 1971-1972 28 513..10 ;Qyal $58,471.16 For your infor iation and records : u.: se�. i.:i�:p copies o: i3aCs to th"a contractor, copies Of billings to the archize Ct, an: caries of billin;,a ?a:u `l0 the P.c21: oI Cr:`,Cu 6r Ci act i:.3 IiE - a;;r-:Z fo: cebt service requirements. Although zict explicitly po rt{nc t, 1 aiso = subzUtting copies of billinZs ozid by the City for :;oii:: tea were ar obli zz tioa of the City and not tae County. you can do to Lay~..= o: the above monies :; c be �G�r .? ?recizzad as t.e tota—' rcpresentz a Sood rift':ion of the Ccnarzl 7L-:c :a:=ce for s city our size. Ver) truly yours, CZ i 0? Director o cc:. oU:ur.i %a,: oL„t;,• ux'�-CutiVe C- \- C..crK I-..es ACCoi:.:t ng Div. \ 2 yalch 25, 1971 Co u ty Assessor's 0 f-f q- Sar.La Clara County 70 V»st §Ana 2G §ta et Ban Jose, Gali£oia Attention: SI, Sam ee Eentle _: 2urse,at Eo our teb y5eee cas v•£zatica oz .e 6 w , : zm � Itn ; . nilt*ne to y m. a c tBe Cite c£ Coen£!«9 = a2 «r. 2: ;Dozec:ve D e aL ptL+tom ew w; 5y d:a c*T- cT Cd w cezec :aK I%eta vista Y, 2z:e, z, yoe ca tell from G w. cem m, :ne city d pew s:, in bc- Ez£pz to iz <«, ro 3 C:ia © «onie; . z a Saa«a! into a pas nt!\I]5 n . z»2 e :on UftTee £«I £u2 yc t2 2: w, 6z•!e9- reo" . D!e use OF laciE - e� iEs natu=o »\ez, pt:yatc «QJv �us�\ >� !z w J yob. �e� llely vcu£a, CII7 02 w1712712:y, Director cf Administrative Services : pr encl, cc: city x aRet CLOSES BINDER DATED RENEWAL OF NO a: ALLIED INSURANCE COMPANY, LOS ANGELES, CALIFORNIA STANDARD FIRE INSURANCE PGUU Dr---CI_A R A.TI0INS r,0Ui1i'`Y OF SANTA CLARA SFB 13 71 15 Aftess 70 NEST H.EDDLIG ST. S: N JOSE, CALIFORM R. t, IrKiip or No Vaf V. •O"Al'on Ago Par TI It Is impo(!ant that the written portions of all policies covering the same property read exactly Eke, It they do not,they should be made unito,m at wise. INSURANCE IS PROVIDED AGAINST ONLY THOSE PERILS AND FOR ONLY THOSE COVERAGES INDICATED BEI.OW BY A PRE44 iUM CHARGE AND AGAINST OTHER PERILS AND FOR OTHER COVERAGES ONLY WHEN ENDORSED THEREON GR ADDED THERETO PREPAir) TERM PERIL S Insuree Ags,nst and Cover i AMOUNT RATE i PREMIUM DuE ANtiUAL PAYMENT ages Prmd•d .ims ri Nage of I", 1 �! i I AT INLEPTiON -� e 1 20,00 ,,0001. .079 1 115,800. FIRE AND LIGHTNING x:u�aa 1 .022 $ 1 415-400. EXTENDED COVERAGE $ .008 1 s j.,600. 1T& S 1 1 TOTAL ANNUAL TOTAL(S) 1 i 21,&00 PAYMENTS FJR, POLICY TERM I Amount F,�:a or Frro Pr Cent N DESCRIP rooff of PROPERTY COVERED(LOCATION MUST ALSO DE DESCRIBED IF DIFFERENT FROM MAKING ADDItE:,Sa No- i and EAfe+aed Cos- Ce-insu•anco Show type of roof and occupancy of building(s)covered or ors",or Other►ar,$I Appltcab4e containing the property covered.If occupied as a dveF'inx stato numirer of tamiiies, j 20,000,000. 90% BLA KET ALL BUILDINGS OWNED DY COUNTY OF SANTA CLAIRA LOCATED IN Till STATE OF CALIFORNIA 50051 (11 /66) DOZANS(4 f62) L',OZBNS(4/()2) 31 (7/50) -t38 B1--U Subject to FormN,(s). 7P—n(7-70) ;"75—B(1.2-1)U) : ji(7-50) ;20(7-33) ;602-3(4-62) ;Ikl� ddk2,W.�'7) Resat Form f4w-4t,il and Wilma Datelu Mortwo Clause:Sub,ect to the p(ovis"s of toe mortgage clause attached hereto,toss,it any,on budding items,shall be payable to. twat Nsae(s)of Mortgaaeeis)mad Yubeg A{Geaa(ert Agency at Counteruanature Date _ — Countersigned by ' " '' ,f - G Authonzed RM esentxs�44 This dtdarations page and the Standard Fire Insurance Policy Provwons oDroprise the complete polity. 12•2204 1OM)!2)f68 PTD. IN U.S A. c-OMPANY OF NORT111 A:.LF-RICA 'f : {G it: L' AI?Ds'1 i1> iAu ? 'SUt�nS AT TH? SDEu _. ZT 13T.1' T.ACATIOdiS t 1. cir- ' OF CUPE'r-=NTO AS RESPEECTS BUILDING AT 10400 TORTE A'XE.Jl CUPERTINO. t ?. F?a�►;i: , EEERG—KOCHTirIC .,A CALIFORNIA CORPORATION,930 TARA BELLAPOIENUE, IUAS RESPECT iEj NEST TERaIAML BUILDING:REID HIUVIEW AIRPORT. Ii3 ADDITION, WE NEED 438BFU ON THIS PROPERTY IN FAVOR 0. :1 0�1TARCH LI�'iE I 'SURANCE COMiPANY,A CORPORATION C/o PACIFIC STATE MORTGAG.E,A DIVISION UNITED CALIFORNIA BM, 1441 FRAM LIN STREET, OAKLAND, CALIFORNIA. 3. :-TAVE1; REAL ESTATE COMPANY, RESPECT TO E'JILDING AT: 1110 NORTH 10 th ST. S A:i JOSE, CA LIFORNIA. IN ADDITION TO., WE NEED A 438BFU ON THIS PROPERTY II FAVOR OF:MECHANIC BANK OF RICHMOND, 9th AND MAC DONALD, RICHMOND, CALIFORNIA. 4� CITY OF GILROY, FOR BUILDING AT: 195-5th STREET, GILROY, CALIFORNIA. Nothing herc:n conta;ned ,hall vary. alter or extend any provision or condition of the police other than as above stated. Effective Date i ---j Part of Policy No. --?v 4, 391 A at the hour specified in the policy. SFR 13 71 15 Issued to COUNTY OF SANTA CLARA Authorized Agent Not valid unless countersigned by a duly authorized agent of the INS(1RANCE COMPANY OF NORTH AMERICA Pf Sty , C-)7412A)75M )•70"Id ,n U.S.A. 1F THL"kE IS ANY OTHF_R INSURANCE (%k'H THER COLLECTIliI.t- t)tc ;D ABOVE,I Tl-IF IS A DEDUCTIBLE AA10L `T APF'LICAI LE UNDER THIS Dh:DI.'CTIE3t.l t LAt SE SHALL j APPLY Tn THE A\lnI-')I OF THE wiloLE LOSS APPORTIO`ED TO THIS FOl.IC1' ACE) Ti) SCCFi OTHER I I.\13UPANCE AS PERMITTED ABOVI ? S. TI{'c'; Y12()VISIONS OF THIS Dl'.DUCTIITI.F C[.P+i_'cE SHALL SL'PERSEDF A AUSE IS iF. OTHER DEDUCTIBLE PRO- VIcIONScIN 'i!N POLICY TO FrARTHQUAKEFOR`VOl1CANIC FRUP1TIBLE CL ' ( L- THED ht,1I ABL OF THISHIS INS_-Ri.S A(-, ST LOSS A uc'I'l`3LF CLAUSE SHALL NOT APPLY TO THE AMOUNT OF SUCH LOSS RECOVERABLE UNDEzr THIS P01.1CY. _. R 16s-D Oct. 1965 `jr- UhL,lr'U.RNIA' .�..... *Consent by "Consent by Insured *Not required unless policy is reduced or restricted r Mortasave or Payee _ by this rndoraement. Agency at Aacnes Sianatute _ 1967 biCCHESPIEY & WEBSTER 5/5/71 \�C%AR:C j R_ !if®rnia Standard Form F;re Insurcmce Policy :---- �.---. MARYLANC . Y Ta E.THE MARY AND AMERICAN A STOCK CONANY m GENERAL GROUP IolO = NEW YO,IK,NIEW YORKAIWM �o. ^+1 N. Y. - COVERAGE IS PROVIDED IN THE COMPANY HEREINAFTER CAUE0 'THIS A STOCK CQMPANY COMPANY.."DESIGNATLD BELOW BY SYMBOL IN THE HEAVY OUTLINE BLOCK, CO - ASSURANCE COMPANY OF AMERICA NEW YORK NEW YORK loon A stpCc COnvANr R,a,,..a, 80 NO 767_ 615 „ .0 81 rI PnONE 246.5525 DECLA"TIONS V. Named Insured and P. O. Address (a,-,Loom,Tow..County S%ft) N`Cht:sTLcy dt Wcba[er COUNTY OF SANTA CILARA R„sl..V`wo�IRtt Hr1waAlKa aaoa 11% 2007 WEST HEOOING STREET AT BASCOM AVENUE SAN JOSE CALIFORNIA 95128 2. Policy Tern: B O o<G A. p -r.L I c111 r l-hill L I S CO 3 5 3 71 5 3 74 ( A LEI 0037 328 McChesneX2,q Ylebster Yeon Mcepamm f+airet:ow ,I is ImPorfont that ft written portions af am fsaiaiat soev-tag sloe some pro pany read exactly dike. If that do not,they should be made wniftem at once. INSURANCE I$PROVIDED AGM NST ONLY THOSE PERILS AND FOR ONLY THOSE COVERAGES INDICATED BELOW BY A PREMIUM CHARGE AND AGAINST OTHER PERILS AriD FOR OTHER COVERAGES ONLY WHEN ENDORSED HEREON OR ADDED HERETO —~' I PREPAID-TERM ANNUAL PAYMENT sktOUNT ( RATE PREMIUM DUE DUE UNDER DEF PERI'(S) insured Agoinsl and Cover- 1I AT INCEPTI N PREM PAY PLAN ages'%Pro-ded(I-serf Name of Eoch) ._ $ 201000,000. 0�ry79 s � 1 ,5800 • FAM AND LIGHTNING ' ti1 " "j $ .022 $ $ 4,400 . EKTfNDEDCOVfRAGf $ .008 $ $ 1,6U0 . V&.%51 $ $ $ Q 0 . TOTAL PREMIUM TOTALS) S $ 71 ��� " fC;i PO-CY ?FRM UNDER D P P. P N.w L A�,er.r firo er rue pvr Cent of 01 1PTIOr1 APED LOCATION OF PROPERTY COVERED en•E.towftd Co.- Ce-)nsurorxe "5 I shoe earl.ts nctioo,tM'e/roof and wevisarscr of beildimoiij covered as er i roar. Otber Perd Applicable eeordainp nq PAP"eoveea-'. If aeevissed as awin dii . _ 4 state number of/awlsilieo. $ 20 ,000,00 0. BI.A/NKET ON BI.DGS . PER 199NS ATTACHED 90% Stip.Amt. 78-LLN'S 7/70 , 1991NS, 31 7/50, 199EZ, 438BFU 5/42 , 20 7/33, 602 -A.' S- SwbiectloFo#,nHo(s;. 602-B1N'S 4/62 , 50051 475-B 1/66 a fed 62 "i"al'Fair raiQan,)Am 1aIT 0+►rtW A4009 age Clouse: Subject to the provisions of the mlxtgage clause attached hereto,loss, if any, on building items, shall be payable to: Per F o r�Za,f,NS 1�c,�i .wn.1a Isorxoartu Agencyot San Jose , California Counrets, czl Pw l _ _ Agent IN CONSIDERATJON OF THE PROVISIONS AND ST�DIILATIONS HEREIN OR ADDED HERETO AtiD OF the ab.ve specified dollars premium, this Company, for the term of rears specified above from inception dole shown ob�,e At Noon(Starsdard T)mei To e.p.ror,r,n oo:e s,o— above,At Nowt(Standard Time)at location of property involved, to an amount not exceeding the above specified dollars, dces )nscre the ,-Iu•ed noshed cbove and legal reprc:entatives, to the extent of The actual cash value of the property at the time of loss, but not e.Cee6ng the amcunt which it would cost to repair Cr replace the property with material of like kind and quality within a reason.,'-Ee time after Such ;cis, wiThaut ailowance for any irw:reased cost of repair to reconstruction by reason Of any ordinance or law regu!atirg COnstruCttOn or repair, and wlthevt coe.pensation for foss resulting from interruption of business or manufacture, nor in any event for more than the interest of the inured, a_ra.nst at: LOSS BY FlnE, LIGHTNING AND BY REMOVAL FROM PREMISES ENDANGERED BY THE PERILS INSURED AGAINST IN THIS POLICY, EXCEPT AS HEREINAFTER PROVIDED. to the Vc+erty described hereir.while located or contained as described in this policy, or pro rota for 'five days at earn proper plaice to which any of the property shall necessarily be removed for --eservation from the perils insured against Fn this policy, but nor elsewhere. Assignment of this policy shall not be valid except with the written conseni of this Company. This policy ii made and accepted subject to the foregoing provisions and stipulations and those hereinafter stated, which are hereby made a pert of this policy, together with such other provisions, stipulations and agreements as may be added hereto, as provided in this rolicy. so y OTP 30-8 STANCARD FORMS BUREAU FORM i99 &Z (Atov, t937) ENDORSEMENT ;?.. K.ITco A77ACOCO TO POLICY M,. MAMC OI M�ypIMC6 COMFANV AMO IORMIKA 3 ?1� PAATOP 81 118875 b ary_land Casualty_ Co._ i„uIn„ CQ1W'7Y OF SANTA CLARA ` MA•L.NG +case sroMto San Jose, California f' COMafENCCMENT O'r POLi..p typiRATION or POLICY �^ EFFECTIVE DATE Or THIS ENOOASEMEN4 513L71 5 a" 74 5/3/71 11�0111aT 06 eMSUR4NCE ►r.1LS I OLD QaTt N$W RATE AOOITIO%AL Ppe"PuY RETURN PREMIUM EI'F, !� I 1 � I dui' IS HEREBY UNDERSTOOD ASD AGREED THAT THE 0 �D D D D D ® D 1S CORRFCTE:D OR CHAXC-ED TO READ AS FOLLOWS It is hereby understood and agreed that the City of Cupertino is named as ap additional named insured in _ respects to Building at 10400 Torre Avenue, Cupertino, Calif. sent by tmserit by 11-1gag Le pr Pay" 399-E2 tf�� NOV. 1957, "Not required unless policy is reduced or restricted by this endorsement. Is �iuction in amount, if any, comps ted: SR O Fiat ❑ •PR. 0 *Reason for pro rata reduction 1 FWt}t¢r Provisi'-ms, if any: Attaching IUVISED 199NS, SF31., 50051 and attaching Y 475-BE in lieu of 475-B s E ,L P/R .839 I£ pnaant by _ $Consent by — Insurad i r MortclFfe u7 Payee 'il+ required unless policy is reduced or restricted by this endorsement. f/ 'T : 1"";71 pw .San Jose, Co'CAjj ornaa i99-A Agenr,at b Y „� Dec.196- . u?y 35, :971 -r 724 County Administration Building 70 Nest Hedding Street �a�,� San Joao, California 95110 County ®$1 a�a�ift Mra ^ '— --- 2W3242 Area Coda 408 — C811tomia July 28, 1971 Mr. William E. Ryder Director of Administrative Services City of Cupertino iO3OO Torre Avenue Cupertino, California 95014 RE: LIBRARY BUILDING -- 10400 Torre Avenue For your records we enclose copies of fire in3urance policies in the name of County of Santa Clara which include coverage on the subject building in accordance with the terms of the lease. We trust this will be adequate for your files. ROBERT A. SORENSEN, Director General Services Agency RAY W. SUMMERS, I'nSUrance Manager- General Services Agency RAS:RWS:jh Enclosures An Equal Opportunity Employer C= Amok November: 12 a 1971 pia ��' sue'' •-- �'- _... _+_..__� . -..... ._ ._ ...._.\.4.. � ... .._.V 1.•._�...... .__+ �..�.j... ..._... 1- ._..... a V..t.�... r ` f ._... .. .. .. .._._._.-... __.. .... .. .�,..1. � ✓._...1:r►l7.. f n Squat Opport► ,ay Employer r INSURANCE COMPANY OF NORTH AMERICA LIFE IIeiSURANCE QWANY OF NORTH AMERICA . PACIFIC EMPIOWWROUP • IWO ARCH STREET v.O. BOX ii 2A PHILADELPHIA �iA 149Q1 1'15) 241 4 IAA Cf y T5) 2$i 000 '4 10 t April 3a. 1976 C%Ity ,a City of Cuptwtino. Califtrnia JN We have been advised that you were never nodned that INA policy No. MAU-3WC145 covering the County of Santa Clara, California had been cancelled. Attached is a copy of revised endorsement No. 11 - effective February 1, 1976 plus a cL�;, of the Lost Policy Release executed by the county of Santa Clara. In case you have not already done so, pleRse mark your records to show that coverage provided by the Insurance Company of North America for the County of Santa Clara under policy No. MAU-30X145 was terminated as of February 1, 1976. r 1J. E. Clutter Deputy Underwriter Insurance Company of North America Philadelphia, Pennsylvania cc: Ins. Co. of North America San Jose Service Office Attn: Hilde Clementi Alexander & Alexander, I.nc;. P.O. Box 5700 San Jose, California 95150 I/1 April 10, 1978 city Secretary City of Cupertino. California We have been advised that you were never notified that MA policy No. MAU--SOX145 cc,Bering the County of Santa Clara, California had bewn cancelled. Attached is a copy of revised endorsement No. 11 - effective February 1 , 1976 plum a copy of the Lost Policy P.7Aease executed by the county of Santa Clara. In case you have not already done so, please mark your records to show that coverage provided by the Insurance Company of North America for the County of Santa Clara under policy 11,41o. nIAL"-;QXI45 wRs i—arminated aaiit: of February 1, 1976. J. E. Clutter Deputy Underwriter Insurance Company of North &mericai Philadelphia, Pennsylvania ©c: Ins. Co. of North America San Jose Service Otfice Attn: Hilde Clementi Alexander a Alexander, Inc . P.O. Box 5700 Sari Jose, California 95150 I/1 -WAR% AD • IUA I'a; i cv `to. "J1(T-"3O;+.9 4; Y> V Revised Endorsement ,,o. 11 - Lfic_ctive F'�l�nr<z*v 1, 1076 This 1lgreerrnt is cancel led an ) "cl, 11)76 at the iLn713crt of the Insured per nt731crly execub.N! r/);t Policv t'c,rti ficat-e and Thlere5c. Return premium is $115,932.00 ($16,47).00 due Incur~-? nlu; unpaid deferrcw3 prrnium of $32,485.00 due 5/3/76, $37,484.00 due 8/3/76 and $3,'.,484.00 (?ue 11/3/76.) I +1 I i I� I i I� I I I i STANDARD FORMs BUREAU FORK 347 (Aptit 1o,") LOST POLICY CERTb. .—.rf AND RELEASE 2-24-76 Ins!irancc Co. of North Amc:ri,,-a Coiinty of 51.jnti Clir4, Californf;i San 0g, orl.La --TT— Propet-tv Cuvcre,,! t 7 Prcip,utv Lowated Coil sty of Snn .-J Clar,; e, commENcEmi N r X;:'RA T IC N F�-f, I ,I AVr�­NT OF QETUPN OF PO.IC", PIDI ICY AN E"..AT AN( RATE 5-3-74 2-1 -7 t) irt,ndrr, n. unde paid 11"!i(Y. Att 1.'J. I and fr(m Th, 11" t is f.)AISTA1. the Indl Ir" V. !'If t!cr tl it he has not atliir7-I 1,1 tra ferml said pflic) a., 0,r nl,T rw l%.f In I o Dated 112 i,d% A t la i tmotr the at-)%e /i, hereby 347 April IQ64