HomeMy WebLinkAboutDeAnza Tennis Crt. Light - Foothill Community College District - 1974 Foothill CoMMIty College District, DeAnaa Tennis Crt . Lights
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JOIN MUMISE OF POWERS AGREEMENT
between the
FOOTHILL COMMUNITY COLLEGE DISTRICT
and the
CITY OF CUPERTINO
to provide
TENNIS COURT LIGHTING AT DE ANZA COLLEGE
This is an agreement between the FOOTHILL C0P4IUNITY COLLEGE DISTRICT
("COLLEGE" and the CITY OF CUPERTINO ("CITY") entered into pursuant to the
provisions of Education Code Section 166.55 and Title I, Division 7, Chapter
S of the Government Code.
WHEREAS, there is a need for illuminated tennis courts to provide evening
play and instruction for students and residents, and
WHEREAS, cooperation and coordination between COLLEGE and CI,.Y is
imperative for optimum social betterment of the community.
THEREFCRE, IT IS AGREED AS FOLLOWS:
1. Project. The seven courts presently existing on the De Anza College
Campus, constructed by the COLLEGE, are to be lighted in accordance with present
illumination standards. Final plans rust carry approval by COLLEGE and CITY.
2. Constru>>tion. Because the nature of the work is closely related to
normal activities of its Department of Public Works, CITY will be responsible for
all construction. Design, construction and supervision will be accomplished with
staff, consultants .end/or contractors at the discretion of CITY except that
COLLEGE will review such intentions with respect to impact upon cost as well as
ongoing campus operations and long-term improvements.
3. Cost. CITY and COLLEGE agree tc. share equally in the project cost not to
exceed Thirteen Thousand Four Hundred Forty-four Dollars ($13,444.00) .
4. -Oxnership. The installed lighting will vest in the COLLEGE.
oration. 63GE will be responsible for ollWion and maintenance of
t, tSve lighting, including, but not limited to, cost of energy and relamping.
6. Use. The CITY shall have the exclusive use of three (3) of the seven (7)
f courts, 14Csnday through Friday, from 6c i0 p.m. to 9:30 p.m. on a year-round :.oasis.
CITY may provide supervision and instruction on their assigned courts during this
time. The COLLEGE shall have the exclusive use of the remaining four (4) courts
at all times. Both parties will provide each other with proposed schedules of
operation, including review of special summer, fall, winter and spring programing.
g Upon a minimum of two weeks notice, either party may request suspension of the
normal agreed schedule to accommodate a reasonable number of sponsored tournaments.
7. Indemnity. To the extent allowed by law, COLLEGE and CITY shall each
indemnify, save harmless, and defend the other from any claim, action, or liability
arising from errors or omissions of their respective, officers, agents and employees
arising from the performance of this agreement. COLLEGE and CITY shall each
secure and maintain in full force and effect during the full term of this agreement,
liability insurance in amounts and written by carriers satisfactory to CITY and
COLLEGE respectively. COLLEGE and CITY shall cause to be issued to CITY and COLLEGE
respectively, an insurance endorsement naming the other party as an additional
insured under the policy or policies of insurance so maintained, which endorsement
shall cover the llabi'_ity described herei::above by liability coverage and contract::ral
coverage, all in accordance with the foregoing provisions of this agreement.
S. Commencement. This agreement shall commence upon its execution by both
parries.
9. Duration. This agreement shall continue in full force and effect for a
periad of five (5) years with an option by CITY for an additional five (5) years.
10. Cancellation. Either CITY or COLLEGE may withdraw from the agreement
upon three months �-ritten notice. Should CCLLEGE exercise its option to withdraw
during the first f_ve years of this agreement, it will reimburse CITY in an amount
equal to CITY'S total construction investment for the project multiplied by a
factor representlns the nu^ber of montlis remaining in said five year term divided
by the total nur-Lr of sixty months (Five }ears) .
FOOTHILL COY'1fU';177 COL ErE CITY OF CUP£RTI?:0
DISTR CT
By t1/ ,
MAYOR
Date L� / G� Date October 11, 1973
By
MAYOR
—2— Date May 20, 1974
Of
103W Term Avenue
Capertlao,California 95014
Teleption(409) 232-4305
l 'F`
OFFICE OF THE CITY MANAGER
June 11, 1974
Mr. William B. Cutler,
Director of Business Services
Foothill Community College
12345 El Monte Road
Los Altos Hills, CA 94022
JOINT AGREEMENT FOR TENNIS COURT LIGHTING ,:T DE AINZA COLLEGE.
Enclosed is an original and three copies of the Joint Exercise of powers
Agreement between Foothill Community Collc6e District and the City of
Cupertino. Will you please return tide original and one copy for the
official files of the City after proper execution of this agreement by
th.! College District.
ROBERT W. QUINLAN
CITY MANAGER
/bd
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