21. Carol Korade housing assistance & Tenancy in Common agreementOFFICE OF THE MAYOR
CUPERTINO
CITY HALL
10300 TORRE AVENUE - CUPERTINO, CA 95014-3255
TELEPHONE: (408; 777 -3194 - FAX: (408) 777 -3366
Sn IMARY
Agenda Item No. ;� I
SUBJECT
Meeting Date: April b, 2010
Fulfill the City's obligations under the City Attorney's Employment Agreement by Authorizing the
Mayor to execute the "Agreement Between the City of Cupertino and Carol Korade regarding
Housing Assistance" and, when the housing assistance is provided, to complete and execute the
"Tenancy -in- Common Agreement ".
BACKGROUND
The City has adopted a "Housing Assistance Program for Department Heads" in order to recruit,
hire and retain department head positions and to encourage department heads to live within the
City. That program is set forth in City Resolution No. 99 -070. The City has entered into an
Employment Contract for City Attorney, dated October 21, 2009, with Carol Korade, which
contract provides, at Section 4.08, that the City Housing Assistance for Department Heads Program
will be made available to Ms. Korade. City's Special Counsel, Colantuono & Levin, P.C., has
prepared an "Agreement between the City of Cupertino and Carol Korade Regarding Housing
Assistance" (the "Agreement ") included as Attachment A, which Agreement has been executed by
Ms. Korade and submitted to the Mayor. Attachment B to the Agreement is a form of "Tenancy -in-
Common Agreement" which will be completed when Ms. Korade buys a home in the City and the
amount of City's equity contribution and loan have been determined. The Agreement conforms to
the terms of City Resolution No. 99 -070 and the Employment Contract for City Attorney. Because
this transaction is consistent with Ms. Korade's employment agreement and the Housing Assistance
Program it comes back to Council as a formality-- Council action is generally required for the
acquisition of an interest in real property, such as a mortgage on the City Attorney's home to secure
the City's interest, and Special Counsel have therefore recommended this be presented for formal
Council approval via the consent calendar.
This Agreement and subsequent Tenancy -in- Common Agreement honors the Council's
commitment at the time of hire.
21 -1
FISCAL IMPACT
By the terms of the City's Housing Assistance Program for Department Heads, Resolution No. 99-
0'70, and the Employment Contract for City Attorney, which terms have been incorporated into the
Agreement Regarding Housing Assistance, at Ms. Korade's election, the City is obligated to make
a loan to Ms. Korade in an amount of up to five times her annual salary, and an equity contribution
of up to 30% of the bona fide purchase price of the residence. In addition, City agreed to pay 50%
of the closing costs for the purchase of the residence. The loan will be secured, by a first priority
deed of trust (i.e., a mortgage) and bear interest at the 11 District Cost of Funds (currently
approximately 1.$ 0 /o), and City will become a tenant -in- common with Ms. Korade in the residence,
with City's percentage interest dependent upon City's equity contribution. These financial
commitments are all as provided in the City Attorney's employment agreement and funds will be
transferred out of the General Fund fund balance to reserve the long -term loan receivable. It is
anticipated that the total loan plus equity contribution will approximate $1.3 million dollars.
RECOMMENDATION
Fulfill the City's obligations under the City Attorney's Employment Agreement by Authorizing the
Mayor to execute the "Agreement Between the City of Cupertino and Carol Korade regarding
Housing Assistance" and, when the housing assistance is provided, to complete and execute the
"Tenancy -in- Common Agreement ".
Prepared by:
ichael Colantuono
Colantuono & Levin, P.C.
Special Counsel
Reviewed by:
Carol Atwood
Director of Administrative Services
Attachment A: Agreement between the City of Cupertino and Carol Korade regarding Housing
Assistance
Attachment B: Tenancy -in- Common Agreement
97940.3
21 -2
Approved for submission:
ATTACHMENT A
AGREEMENT BETGYEEN THE CITY OF
CUPERTINO AND CAROL KORADE
REGARDING HOUSING ASSISTANCE
This Agreement is executed this day of April, 2010, by and between the CITY OF
CUPERTINO, a municipal corporation, hereinafter referred to as "City" and CAROL KORADE,
who has been employed as City Attorney by City hereinafter referred to as "Korade."
Recitals
WHEREAS, City has hired Korade as its City Attorney under the "retired annuitant"
category of Ca1PERS on a part-time basis; and
WHEREAS, City, pursuant to City Council Resolution No. 99 -070, encourages
department heads to reside within Cupertino corporate limits to ensure their ready availability
and familiarity with the community; and
WHEREAS, the costs of housing within the city limits are substantially greater than
surrounding areas; and
WHEREAS, City and Korade have met and discussed compensation and realize that due
to extremely high costs of housing within Cupertino, City must assist Korade in obtaining
suitable housing in Cupertino; and
WHEREAS, Korade contemplates the purchase of a principal residence within
Cupertino, hereinafter referred to as "residence."
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Purpose
The purpose of this Agreement is to set forth those understandings reached by the City
and Korade regarding housing assistance. Korade acknowledges that the assistance
described in this Agreement cannot be provided to a "retired annuitant." City's grant of
the assistance described in this Agreement is conditioned upon Korade changing her
status with CalPERS from a "retired annuitant" to an active employee, at which time City
will employ Korade as a full time employee. Accordingly, if Korade is unable to change
her CaIPERS status from a "retired annuitant," the assistance described in this Agreement
will not be provided. Conversely, if and when Korade changes her Ca1PERS status from
a "retired annuitant" to an active employee, City will hire Korade on a full time basis and
the assistance described herein shall be available to Korade.
2. Terms of Employment
Nothing contained herein shall be construed to provide Korade a contract of employment
with the City. City Council, maintains its sole authority to retain or dismiss its City
Attorney from employment. The exercise of such authority by City shall not establish in
Korade a cause of action for money damages due to a loss of housing assistance provided
/City Attorney Housing Agt (FinnlO)
21 -3
herein. Nothing herein is intended to create any obligation to provide housing assistance
for any person or persons except Korade herself.
3. Terms of Housing Assistance
A. Loan
1) Korade may obtain, upon request, a loan by City to Korade not to exceed
five (5) times her gross salary to be used for the purchase of a residence of
Korade's choosing within the City of Cupertino; provided that said loan
not exceed ninety (90) percent of the purchase price.
2) Said loan shall be evidenced by a promissory note in favor of City secured
by a first deed of trust encumbering the residence. Said promissory note
shall be for a maximum term of forty (40) years and shall bear a fixed rate
of interest, where the interest rate shall be the 11th District cost of funds
prevailing immediately prior to making of the loan.
3) Said residence shall be occupied by Korade as her primary residence and
shall not be occupied as a residence by other persons not in her family
without written consent of City.
4) At any time during the term of the loan, commercial or other financing
becomes available at or below the interest rate applicable to the city loan,
Korade shall refinance and retire the city loan.
5) Korade may elect in her sole discretion a maximum two (2)perce nt (200
basis point) interest deferral from the 11th District cost of funds rate for a
period of five years from the date of the inception of the loan. The deferral
cannot bring the interest rate below zero percent. At the conclusion of the
five years, the interest rate will revert to that originally set forth in the
note, or the l lth District cost of funds interest rate then prevailing under
the program for fixed rate loans, whichever is lower. When the loan
becomes due, or is otherwise retired, the value of the deferral described
above, shall be paid off at that same time. The value of said deferral shall
earn no interest for either party.
6) Korade may prepay at any time all, or a portion, of this loan without
penalty.
7) Korade shall repay said loan in equal monthly installments of principal
and interest and shall authorize City to make automatic payroll deduction
to cover payments with respect to the City's loan. Such payroll deduction
shall have priority over all other deductions except those required by law.
City will provide Korade a year -end statement showing the amount
allocated to principal and the amount paid as interest.
8) Notwithstanding any provision to the contrary, the promissory note shall
become immediately due and payable upon sale or transfer (except for a
/City Attorney Housing Agt (Fins[O)
2
21 -4
transfer into a living trust or other probate or tax mechanism for Korade's
beneficiaries).
B. Equity Sharing
1) In addition to said loan above described, City shall contribute a sum, not
to exceed thirty (30) percent, of the bona fide purchase price to be used to
purchase the residence. Payment of this sum shall entitle City to a
proportionate share in the equity of the residence as provided herein. Title
to the residence will be held by City and Korade, as tenants in common.
2) The terms and conditions of City's and Korade's tenancy -in- common are
set forth in a separate "Tenancy -in- Common Agreement," to be executed
concurrently with Korade's purchase of a residence. The form of
Tenancy -in- Common Agreement is attached hereto as Exhibit "A."
C. Closing Costs
City shall pay or reimburse Korade for fifty (50) percent of her closing costs as
the purchaser of the residence.
Sale or Transfer of the Residence
A. Korade, at her sole option, may sell the residence at any time based upon a market
price which is mutually agreeable to the parties.
B. Upon sale, the proceeds shall be distributed as provided in the Tenancy -in-
Common Agreement.
5. Termination of Agreement
A. Korade acknowledges and agrees that this Agreement is not assumable by any
subsequent buyer or transferee of the residence in that it was specifically
negotiated as part of the terms and conditions of Korade's employment with City,
that the payroll deductions provisions act as security to the benefit of the City, and
that the various aspects of the City's housing program indicate that the assistance
is fashioned for Korade alone.
B. It is further agreed that upon termination of Korade's employment, for any reason,
or upon her no longer using the property as her principal residence, Korade may
purchase City's interest in the residence, or the residence shall be sold, as
provided in the Tenancy -in- Common Agreement.
6. Miscellaneous
A. Conflict It is understood that incorporated into this Agreement are the provisions
contained in City Council Resolution No. 99 -070. In the case of any conflict
between the provisions of that Resolution and the provisions of this Agreement,
the provisions of City Council Resolution No. 99 -070 shall prevail; provided,
however, the provisions related to required time for sale as set forth in Section
3.(c) of the Resolution shall not apply and such sale timing requirements shall be
governed by Section 4.08 of the Employment Contract for City Attorney dated
/City Attorney Housing Agt (FinalO)
21 -5
October 21, 2009 between City and Korade, and Section 9 of the Tenancy -in-
Common Agreement.
B. Binding Effect
This Agreement binds the parties, their successors, and personal representatives,
and is not assignable by either party without the express written consent of the
other party.
C. Invalidity
In the event this Agreement or any part thereof should be held invalid, City and
Korade agree to discuss alternatives; however, Korade has no vested right to
alternative compensation.
D. Authori
The City Manager is hereby authorized and directed to execute all documents
necessary to carry out this Agreement.
KORADE: CITY OF CUPERTINO:
Carol Korade
/City Attorney Housing Agt (Pinalv3)
4
Kris Wang, Mayor
APPROVED AS TO FORM
Colantuono & Levin, PC
Attorneys for City
21 -6
ATTACHMENT B
TENANCY -IN- COMMON AGREEMENT
This Tenancy -In- Common Agreement (this "Agreement ") dated . as of
, 2010, is made and entered into by and between Carol Korade, an
individual ( "Korade ") and The City of Cupertino, a municipal corporation ( "City "). Korade and
City are sometimes referred to herein individually as an "Owner" and collectively as the
"Owners."
RECITALS
A. The Owners are parties to that certain Agreement between the City of Cupertino
and Carol Korade Regarding Housing Assistance dated April 2010 (the "Housing
Agreement ").
B. The Housing Agreement provide,, among other matters, that at Korade's request,
City may contribute equity toward the purchase of a home for Korade in return for a tenant -in-
common interest in such real property; this Agreement implements that portion of the Housing
Agreement.
C. Korade has made an offer to purchase that certain residential real property located
at , Cupertino, California, which real property is legally described on
Exhibit "A" hereto (the "Property "), and has requested that City contribute a portion of the
purchase price for the Property. City has agreed to contribute that portion of the purchase price,
and accept a grant of a tenant -in- common interest in the Property, all as set forth below.
D. In addition to City's equity contribution toward the purchase price for the
Property, City is making a loan (the "City Loan ") to Korade, the proceeds of which shall be used
to purchase the Property; repayment of the City Loan is secured by a first priority deed of trust
encumbering the Property.
E. This Agreement is the Owners' expression of their intention to establish and
impose on the Property mutually beneficial limitations, restrictions, covenants, and conditions,
all of which are imposed as equitable servitudes pursuant to a general plan to provide for the
proper and orderly ownership, operation and management of the Property and of their respective
ownership interests therein and all of which shall run with the land and shall be binding upon the
Owners and their permitted successors and assigns.
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth
below and for other good and valuable consideration, the receipt and sufficiency of which each
Owner acknowledges, the Owners, and each of them, hereby agree as follows:
1. Declaration Of Intention, Of Partnership
The Owners hereby declare that their rela'ionship in and to the Property is that of tenants -
in- common and is expressly subject to the terms and conditions set forth in this Agreement.
Nothing contained in this Agreement shall be deemed to constitute the Owners as partners or
DMDOCSi 41296460- Cupertino_Korade_TIC Tenancy_in_Common_Agt (3 )Y3 1
I2964600 80169/0001
21 -7
joint venturers. The Owners further intend that all provisions of this Agreement shall be
construed and interpreted in accordance herewith. Any right, power, or interest of any Owner
under this Agreement which alone or in connection with any other right, power or interest would
result in the Owners' being treated as having formed a partnership for tax purposes with respect
to the Property shall be null and void ab initio. The Owners expressly agree that they will at no
time hold themselves out as partners, shareholders, or any other type of members of a business
entity, that they will not collectively file any partnership, corporate or other type of entity income
tax return with respect to the Property. No Owner shall do anything or take any action, or fail to
perform any act, which would result in the Owners being treated for tax purposes as having
formed a partnership with respect to their ownership of the Property.
2. Term
The effectiveness of this Agreement shall commence upon the acquisition of the Property
by the Owners and shall continue for so long as both Owners own the Property, unless sooner
terminated by the consolidation of the Property's ownership in a single Owner, the mutual
written agreement of both Owners, or by legal partition of the Property.
3. Undivided Interests
The Owners' fractional undivided tenant -in- common interests (each an "Interest ") in the
Property as of the date of this Agreement are as follows:
Owner Contribution Interest
(Loan & Equity)
[Note: City's equity interest not to exceed 30 %]
Korade $ %
City $ %
Each Owner's Interest shall remain as set forth above except as provided below at
Section 5.5.
4. Property Rights
4.1. Property The Property consists of the underlying land, all improvements located
thereon, and all rights, benefits, privileges and appurtenances pertaining to the Property.
4.2. Property Allocation Korade shall have exclusive possession of all portions of the
Property. Korade may use the Property in accordance with the purposes for which it is intended
without hindering the exercise of or encroaching upon the rights of City.
4.3. Residence The Property shall be used by Korade as her principal residence. At
any time that the Property is not used as Korade's principal residence, or any time that Korade is
no longer an employee of the City, the City may require the Property to be sold (see Section 9
below).
DMDOCSI- WI296460- Cupertino_Korede_TIC Tenancy_in_Common Agt(3)v3
12964600 80169/0001
21 -8
4.4. No Right of Entrv City shall have no right to enter the Property on the basis of
its tenant -in- common interest.
5. Maintenance and Repairs
5.1. Maintenance and Repairs, Casualties Except as otherwise provided below with
respect to Major Uninsured Casualties (defined below), Korade shall keep and maintain the
Property and all improvements and equipment thereon in good condition and repair, shall
provide maintenance, and landscaping services as needed, and shall cause all other acts to be
done which may be reasonably necessary to maintain the Property in good condition and repair.
If the repair work is necessitated by a casualty covered by Korade's insurance policy, Korade
and City shall each pay a pro rata share of the deductible under such policy based on their
respective percentage Interests. Except as otherwise provided below, the maintenance, repair or
replacement of any items excluded from coverage under such policy shall be the responsibility of
Korade and City shall reimburse Korade a fro rata portion of the actual, reasonable and
documented cost thereof equal to City's Interest, Notwithstanding any other provision hereof to
the contrary, in the event of a Major Uninsured Casualty neither party shall have any obligation
to repair the damage to the Property and the parti.es shall meet and confer in good faith to explore
available options, including the possibility of financing such repairs or selling the Property with
or without making some or all of the necessary repairs. Major Uninsured Casualty means any
damage to the Property in excess of $50,000, which is unfunded by available insurance proceeds.
5.2. Costs and Expenses Except as otherwise specifically set forth herein, all costs
and expenses of acquisition, financing, ownership, and operation of the Property (including,
without limitation, repairs and maintenance, replacements, real and personal property and other
taxes, insurance, homeowner's association fees, capital expenses and utilities) shall be paid by
Korade.
5.3. City Contribution City shall pay for 50% of Korade's actual, reasonable and
documented costs incurred to complete the purchase of the Property including, without
limitation, escrow fees, recording fees, lender's policy of title insurance and other miscellaneous
costs incurred to close escrow. City shall not be responsible to reimburse Korade for time and
expenses incurred in shopping for a home.
5.4. Significant Repair Costs Typical maintenance and repair costs, such as painting,
roofing or fence repair, which are less than $2,500 shall be paid by Korade. If the cost of any
related maintenance and repair items exceeds $2,500, City shall reimburse Korade for that
portion of the actual, reasonable and documented cost equal to City's Interest. Korade shall be
responsible to pay for such maintenance or repair and invoice the City for its contribution. Such
invoice shall refer to City's obligation under this Agreement, include original documentation of
the cost of the work and evidence of payment. ]?rior to commencing any maintenance or repair
work in excess of $10,000, Korade shall confer with the City Manager and obtain City approval
of such work, which shall not be unreasonably withheld or delayed.
5.5. Capital Costs Korade may remodel or construct or install capital improvements
to the Property in her sole discretion. For any capital improvement (an "Improvement ") that
Korade wants to make to the Property which cost is greater than $50,000, the City may elect, in
DMDOCS14 1296460- Cupertino_Korade_TIC_Tenancy_in Common fkgt (3)v3 3
12964600 8016910001
21 -9
its sole discretion, to pay for a portion of such Improvement. Korade shall notify the City
Manager in writing of the desired Improvement and attach a copy of a contract for construction
of the Improvement, and request City Manager's approval for City to contribute an amount equal
to the product of the anticipated cost of the Improvement times City's Interest. The City
Manager shall promptly notify Korade in writing whether City will contribute to the cost of the
Improvement.
(a) If the City Manager elects for City to contribute, then Korade shall have
the Improvement constructed at her initial cost. Upon completion, Korade shall present to the
City Manager a request for reimbursement with proof of payment and a statement by the
contractor that the Improvement has been completed. City shall then pay to Korade the City's
proportionate share of the Improvement cost based on City's Interest.
(b) If the City Manager elects not to contribute to the cost to construct the
Improvement, the City Manager shall so notify Korade in writing, and Korade may proceed to
construct the Improvement at her sole cost and add the actual and documented cost of such
Improvement to Korade's investment in the Property. Such addition(s) shall not affect Korade's
Interest until the sale of the Property, nor shall it earn interest. Korade shall be responsible to
maintain all records related to the construction of such Improvement(s). At the closing of the
sale of the Property by the Owners to a third party, Korade shall present to City reasonable
documentation evidencing the cost to construct the Improvements, such cost shall be added to
Korade's investment in the Property, and her Interest in the Property shall be recalculated prior
to distribution of the proceeds. The proceeds of sale shall be distributed as provided below at
Section 9.
As an example: The purchase price for the Property, is $1,400,000, and is paid
with a contribution from City in the amount of $304,500, a loan for which Korade is
solely responsible for $1,015,000, and cash from Korade in the amount of $80,500.
Korade's Interest is $1,095,500 divided by $1,400,000 = 78.25, and City's Interest is
$304,500 divided by $1,400,000 = 21.75. Over the course of her ownership of the
Property Korade spends $100,000 for Improvements, for which she is not reimbursed by
City. At the closing of the sale by City and Korade to a third party, the $100,000 shall be
added to Korade's investment. The relative investment of the Owners is: $304,500 for
City and $1,195,500 for Korade. Korade's Interest is now $1,195,500 divided by
$1,500,000 = 79.7, and City's Interest is $304,500 divided by $1,500,000 = 20.3.
5.6. Property Taxes Korade shall pay all property taxes and assessments prior to their
due date, and invoice City for its portion (based on City's Interest) of such costs. If City obtains
an exemption from ad valorem property taxes, then it shall only be responsible to pay its share of
assessments.
5.7. Prompt Payment Each party agrees to promptly pay his or her respective share of
such costs and expenses when they become due.
DMDOCSI -#1296460- Cupertino_Korade TIC Tenancy_in_Common_Agt(3 )v3
1296460x3 80169/0001
21 -10
6. Insurance
Korade shall be responsible to take out and maintain, fire, casualty and liability insurance
on the Property with coverage, terms, and amounts that are satisfactory to the City Manager and
naming the City, as a mortgagee or as an addit: oval insured as beneficiary in proportion to the
Owner's Interests. Korade shall bear the entire cost of the general liability insurance. Korade
shall pay the fire and casualty insurance premium prior to the due date, and invoice City for its
portion (based on City's Interest) of such premium costs. In the event that the parties agree that
earthquake insurance is appropriate and available, the parties shall bear the cost of said insurance
based upon their Interests.
7. Condemnation
In the event of a taking by eminent domain of the Property, the proceeds of condemnation
shall be applied first to the outstanding balance of the City Loan, and then allocated between the
Owners as provided below at Section 9.
8. Refinancing, Junior Financing
Korade may refinance the Property at any time in order to repay the City Loan. Korade
may not place any junior liens on the Property,
9. Sale Of Property
9.1. Korade's Election Korade, at her sole option, may sell the Property at any time
based upon a sale price that is mutually agreeable; to the parties.
9.2. Required Sale At any time that the Property is no longer Korade's principal
residence, or that Korade is no longer an employee of City, the City may require that Korade sell
the Property.
(a) If Korade is required to sell the Property, Korade (or her executor or
administrator) may elect to purchase City's Interest within two years after the date that Korade
(or her executor or administrator) is notified that the Property must be sold. During the interim
period, Korade is required to continue to comply with the terms of this Agreement. The
purchase price shall be the fair market value of City's Interest, payable in cash at closing. In
addition, if the City Loan is still outstanding, Korade will be required to repay the City Loan.
(1) Unless the Owners otherwise agree as to the fair market value of
the Property, each Owner shall appoint a real estate broker licensed in the State of
California having at least 10 consecutive years experience in the sale of residential
property in the City of Cupertino and their decisions as to the fair market value of the
residence shall be averaged and shall be final, unless they differ by five percent or more,
in which case a third broker shall be selected by the other two brokers. The third broker
shall be a person who has not previously Acted in any capacity for or against either party.
Such third broker shall, within 30 days after appointment, make a determination of fair
market value and said third broker shall select the opinion of fair market value as
determined by the one fair market value determination, completed by the two brokers,
DIVIDOCSI- #1296460- Cupenino_Korade_TIC Tenancy_in_Common Agt(3 )v3
12964600 80169/0001
21 -11
which most closely matches the third broker's opinion of fair market value. The fair
market value of the Property shall be the fair market value selected by said third broker.
All fees and costs of the third broker in connection with the determination of fair market
value shall be paid one -half by Korade and one -half by City. The purchase price for
City's Interest shall be equal to the product of City's Interest (expressed as a percentage)
times the fair market value of the Property.
(b) If Korade (or her executor or administrator) does not elect to purchase
City's Interest, Korade shall select and hire a sales agent who shall be reasonably acceptable to
the City Manager. The asking price, the selling price and terms of sale shall be determined by
Korade but shall be subject to City Manager's approval not to be unreasonably withheld or
delayed, and Korade shall cooperate fully with the sales agent for purposes of preparing the
Property for sale and making the Property available for inspections and prospective buyers.
9.3. Distribution of Proceeds The proceeds of sale shall be applied as follows:
(a) First, to pay to third parties all customary and usual costs of sale;
(b) The net proceeds of sale shall then be allocated to the Owners based on
their Interests as adjusted pursuant to Section 5.5 above;
(c) Next, all amounts owing on the mortgage shall be paid from Korade's
share of the net proceeds;
(d) Next the remainder of Korade's share shall be paid to Korade; and
(e) City's share shall be paid to City.
As an example, assume the sales price of the Property is $1,600,000 net to
Owners, that the Owner's Interests are 78.25 for Korade and 21.75 for City, and at the
time of sale the principal balance of the City Loan is $900,000; then at closing 78.25% of
the net proceeds ($1,252,000) shall be allocated to Korade, 21.75% of the net proceeds
shall be allocated to City ($348,000), the principal balance of the loan will be paid from
Korade's share, the City's share will be paid to City and the remainder of Korade's share
($1,252,000 - $900,000 = $352,000) will be paid to Korade.
As a further example, assume the sales price of the Property is $1,100,000 net to
Owners, that the Owner's Interests are 78.25 for Korade and 21.75 for City,a nd at the
time of sale the principal balance of the loan is $900,000; then at closing 78.25% of the
net proceeds ($860,750) shall be allocated to Korade, 21.75% of the net proceeds shall be
allocated to City ($239,250), Korade's entire share shall be applied toward payment of
the principal balance of the loan, the City's share will be paid to City and there will be no
proceeds available to pay to Korade.
DMDOCSI- #1296460 - Cupertino _Korade_TIC_Tenancy_in_Common Agt (3)v3
12964600 80169/0001
21 -12
10. Encumbrance Of Ownership Interests
Except for Korade's pledge of her Interest in the Property as security for the City Loan,
no Owner shall have the right to, and no Owner shall, encumber, hypothecate, mortgage, pledge,
assign or otherwise alienate for security purposes all or any part of its or her Interest.
11. Defaults And Remedies
11. 1. Defaults The following events shall be deemed a default ( "Default ") if not cured
within seven (7) days (except if the cure shall reasonably require more than seven (7) days and
the defaulting Owner has commenced action to cure the default within such time) of the
defaulting Owner's receipt of written notice of any such event from a non - defaulting Owner:
(a) An Owner's failure to pay in full when due their share of any amounts
payable by such Owner pursuant to this Agreement, including, without limitation any amounts
described in Section 5 above.
(b) An Owner's failure to remove any involuntary lien or encumbrance against
the Property or their Interest or to bond against such lien or encumbrance arising from any
action by the defaulting Owner.
(c) An Owner's breach of any other obligations of such Owner under this
Agreement.
(d) Prevailing side entitled to attorney fees if legal action pursued.
11.2. Remedies
In addition to all other remedies permitted at law, in equity, or under this Agreement, the
Owner that is in compliance with the terms and provisions of this Agreement (a "Non- defaulting
Owner ") shall have the remedies described in this Section 11.2 against an Owner who commits a
Default (a "Defaulting Owner ").
(a) Advance of Funds by No defaulting Owner The Non - defaulting Owner
shall have the right, but not the obligation, to advance money owing by the Defaulting Owner.
The amount of such advance shall constitute a loan to the Defaulting Owner and shall bear
interest at the prime or reference rate of the flank of America, N.A., at such time, plus one
percent (1 %) per annum (or the maximum legal rate, if less) ( "Default Interest Rate "), from the
date of advancement until paid in full.
(b) Payment of Advance Any such advance shall be due and repayable upon
demand of the advancing Non - defaulting Owner.
(c) Security for Advances The Non - defaulting Owners shall have a lien upon
the Interest of the Defaulting Owner to the extent of such advances and interest; provided,
however that such lien shall not be perfected arid may not be foreclosed or otherwise enforced
until recording of a Notice of Lien in the Official Records of Santa Clara County, California.
Said notice shall state the name of the Defaulting Owner, the amount of the advance, together
DMDOCS1 41296460- Cupertino_Korade T1C_Tenancy_in Common Agt (3)v3 7
1296460v3 80169/0001
21 -13
with the interest, costs and reasonable attorneys' fees, and a description of the property against
which the lien has been assessed. Each lien shall secure interest on any unpaid advance or
assessment and shall likewise secure costs of suit and reasonable attorney fees to be fixed and
awarded by the court in the event any action or suit is brought to collect such charge.
(d) Subordination of Lien The lien of each of the advances or assessments
provided for under this Section 11.2 shall be subordinate to the lien of any bona fide mortgage
or deed of trust now or hereafter placed upon the Defaulting Owner's Interest subject to
advances or assessments; provided, however, that such subordination shall apply only to the
advances or assessments which have become due and payable prior to the sale of the Defaulting
Owner's Interest pursuant to a decree of foreclosure of any such mortgage or deed of trust or
pursuant to a power of sale in such mortgage or deed of trust.
(e) Notice of Default Any advance not repaid or assessment not paid within
fifteen (15) days after the due date shall be deemed to be in default and shall bear interest from
the due date at the Default Interest Rate and the Non - defaulting Owner may bring an action at
law against the Defaulting Owner, who shall be obligated to pay the same, or may foreclose the
lien against the Defaulting Owner's Interest in the Property. No action shall he brought to
foreclose the lien securing any advance or assessment under this Section 14.2 less than ninety
(90) days following the mailing of a notice of lien described in Section 14.2(c) signed by the
Non - defaulting Owner and recording of a copy of such notice in the Official Records of Santa
Clara County, California.
12. Miscellaneous Provisions
12.1. Governing Law This Agreement shall be subject to, governed by, and construed
in accordance with the laws of the State of California.
12.2. Amendment This Agreement may be amended, modified, or otherwise revised in
whole or in part only by mutual written agreement of all of the Owners.
12.3. Construction In the event of any dispute regarding any provision of this
Agreement, the terms of this Agreement shall be construed neutrally and shall not be construed
against or in favor of any party, notwithstanding the fact that one party may have been
responsible for drafting the initial form of this Agreement. The Owners acknowledge that they
have each participated equally in the negotiation and drafting of this Agreement prior to
execution and each have had the opportunity to be represented by legal counsel of their choice in
connection therewith. The headings of the sections and paragraphs of this Agreement are for
convenience only and in no way define, limit or affect the scope of substance of any section or
paragraph of this Agreement. Wherever appropriate in this Agreement, the singular shall be
deemed to refer to the plural and the plural to the singular, and pronouns of certain genders shall
be deemed to include either or both of the other genders.
12.4. No Assignment This Agreement is not assignable by either Owner without the
express written consent of the other Owner.
12.5. Notices Notices, demands, and acceptances required or permitted to be given
hereunder shall be in writing and shall be personally delivered, delivered by reputable overnight
DMDOCS14 1296460- Cupertino_Korade_TIC_Tenancy_in Common Agt (3)V3 8
1296460x3 80169/0001
21 -14
delivery service (such as FedEx), or delivered by registered or certified mail, return receipt
requested, postage prepaid, to the City at: City of Cupertino, Attention: City Manager,Cupertino
City Hall, 10300 Torre Avenue,Cupertino, C alifornia 95014 -3202, and to Korade address shown
at the time notice is given in the personnel records of the City. Such notice shall be deemed
delivered and effective upon personal delivery or, if sent by delivery service or mailed, upon the
date of receipt shown on the records of such delivery service or such registered or certified mail
reply card.
12.6. Severability In the event any part or provision of this Agreement shall be
determined to be invalid or unenforceable under the laws of the State of California, the
remaining portions of this Agreement which can be separated from the invalid, unenforceable
provisions shall, nevertheless, continue in full force and effect. If such invalidity affects the
benefits provided to Korade hereunder, City and Korade agree to discuss alternatives; however,
Korade has no vested right to alternative compensation.
12.7. No Waiver The waiver, by any party hereto, of any covenant contained herein,
shall not be deemed a continuing waiver of same or of any other covenant contained herein.
12.8. Recordation This Agreement shall not be recorded by any Owner.
12.9. Binding Effect This Agreement shall inure to the benefit of, and shall be binding
upon, each of the Owners, their permitted assigns and successors in interest and shall constitute
covenants running with the Property.
12.10. Counterparts This Agreement may be executed in any number of counterparts,
each of which shall for all purposes be deerned an original, and all which shall together
constitute but one and the same instrument. Any signature page of this Agreement may be
detached from any counterpart without impairing the legal effect of any signatures, and may he
attached to another counterpart, identical in -form, but having attached to it one or more
additional signature pages. This Agreement may be executed and delivered by signatures
provided by electronic facsimile transmission, by PDF delivery, or by other electronic means,
any which such delivery of executed counterparts shall be as binding and effective as original
signatures.
13. Mediation
Except as provided in Section 11 and for actions for injunctive relief or for unlawful
detainer, before instituting any legal action relating to the rights and /or duties of the Owners
under this Agreement, or in connection with any breach or default by any party hereunder, the
Owner that desires to initiate such action (the "Complainant ") must make a good faith attempt to
mediate such dispute in accordance with this Section. The Complainant shall send the other party
(the "Respondent') written notice of the nature of the dispute, the facts giving rise to such claim
and the Complainant's desire to mediate the matter (the "Mediation Notice ") The Mediation
Notice shall name a mediator (who shall have at least five (5) years' experience mediating real
estate disputes in Santa Clara County, California and no personal or business relationship with
the Complainant). The Complainant and Respondent shall share the cost of initiating and
conducting mediation equally. Within seven (7) days of Respondent's receipt of the Mediation
DMDOCS 14 1 296460-Cupertino_Korade TIC_Tenancy_in_Common _ id.gt (3)v3 9
12964600 80169/0001
MMU
Notice, Respondent shall inform Complainant in writing if Respondent does not agree with
Complainant's choice of mediator (the "Rejection Notice "). Such Rejection Notice shall include
the name of Respondent's choice of qualified mediator as provided in this Section 14.
Complainant's and Respondent's mediators shall then select a third qualified mediator to hear the
dispute. Within thirty (30) days after the final mediator is chosen, the parties shall schedule and
attend a mediation session and attempt in good faith to resolve their dispute. If the mediation
does not resolve the dispute or if the Respondent refuses to attend such mediation, the
Complainant may commence further legal action.
14. City Approvals Whenever a reference is made herein to an action or approval to be
undertaken by City, the City Manager of the City or his or her designee is authorized to act on
behalf of the City unless specifically provided otherwise or the context would require otherwise.
Except as otherwise provided in this Agreement, whenever the City is required to provide an
approval or disapproval, City shall give such approval or disapproval within ten (10) business
days of Korade's request. If City fails to give such approval or disapproval with such 10-
business day period, the request shall be deemed approved.
15. City Resolution; Interpretation
It is understood that incorporated into this Agreement are the provisions contained in City
Council Resolution No. 99 -070. In the case of any conflict between the provisions of that
Resolution and the provisions of this Agreement, the provisions of this Agreement shall prevail.
(Signatures on following page)
DMDOCS141296460- Cupertino _Korade_TIC_Tenancy_in_Common Agt (3 )v3
12964600 80169/0001
10
21 -16
IN WITNESS WHEREOF, the Owners, 2.nd each of them, have executed this Agreement
on the day and year first set forth above.
KORADE
Carol Korade
THE CITY OF CUPERTINO, a municipal
corporation
Kris Wang
Mayor
APPROVED AS TO FORM
Colantuono & Levin, PC
Attorney for the City
DMDOCS 141296460- Cupertino_Korade T1C_Tenancy_in Common Agt (3)v3
12964600 80169/0001
21 -17
Exhibit "A"
Legal Description of Property
DMDOCS 14 1 296460-Cupertino Korade TECTenancy_in_Common_Agt (3)
12964600 80169/0001
A -1
21 -18
EXHIBITS
BE(lIN
HERE
4t,z 1
Field Use Policy
The effective date for this policy is 1/1/05
It is the policy of the City of Cupertino to support and encourage flexible and inclusive
use of athletic fields in a manner that preserves neighborhood quality of life and protects
the park resource. The City supports and encourages volunteerism and the sense of
community created when individuals with common goals work together. The City values
the healthy benefits of recreational pursuits and supports the development of young
athletes.
Purpose:
• To strive to provide all Cupertino residents with an opportunity to participate in their
activity of choice.
• To establish procedures governing the exclusive use of City of Cupertino and
Cupertino Union School District playing fields managed by the City of Cupertino.
• To ensure that Cupertino residents have priority access to the fields they have paid
for.
• To provide for a variety of activities reflecting the athletic preferences of Cupertino
residents.
• To contribute a proportionate amount of field time to regional organizations that
Cupertino residents participate in.
• To collect reasonable fees for the use of the fields, in support of their ongoing
maintenance.
• To adopt a fee schedule that rewards volunl eerism and community involvement.
Permit Required: Field Use Permits are required for exclusive field use or for any
repeated, organized use of athletic fields maintained by the City of Cupertino. The
Cupertino Parks and Recreation Department (CPRD) issues field use permits.
Applying for a Field Use Permit: Please thoroughly read the entire Field Use Policy and
its regulations.
City of Cupertino Maintained Fields: The fields listed below are available for
permitting through the City of Cupertino Parke, and Recreation Department. City of
Cupertino owned fields are noted as `City', and fields under the Cupertino Union School
District/City of Cupertino Joint Powers Agreement are noted as 'HA'.
Soccer, Youth Softball, and Little League Fields
— Creekside Park (City) 3 Soccer Fields
— Jollyman Park (City) 1 Baseball /Soccer Joint Use Field, 1 Soccer Field
— Hoover Park (City) 2 Soccer Fields
— Wilson Park (City) 2 Baseball, 1 Soccer /Baseball Joint Use Field
- Monta Vista Park (City) 2 Softball Fields
— Garden Gate Elementary (JPA) 1 Soccer Field
— Eaton School (JPA) 1 Soccer /Baseball Joint Use Field
City of Cupertino Field Use Policy Page 1 of 8 October 20, 2004
— Faria School (JPA) 2 Baseball Diamonds adjoining 1 Soccer Field
— Hyde Middle School (JPA) 1 Soccer (track) Field, 1 Baseball /Soccer Joint
Use Field
— Kennedy Middle School (JPA) 1 Baseball Field, 1 Soccer (track) Field, 2
Baseball/
Soccer Joint use fields
— Regnart School (JPA) 2 Baseball /Soccer joint use fields
— Stevens Creek School (JPA) 2 Softball diamonds adjoining 1 Soccer Field
— Lincoln School (JPA) 2 Softball /Soccer joint use fields
Multi —Use Field
— Library Field (City) Youth Cricket, Soccer, Volleyball (all on 1 Field)
Adult Softball Field
-- Memorial Park (City) Cupertino Adult Softball League Play Only
Field Availability:
City -owned fields: Monday- Saturday 9:00am -Dusk
CUSD fields under the Joint Powers Monday- Friday 4:00pm -Dusk
Agreement (JPA) Saturdays, School Holidays 9:00am -Dusk
& Vacations
Two Sunday permit dates /year /organization/site may be granted by staff to accommodate
special tournaments or events (not regularly scheduled league play). Sunday permits are
exclusive to those organizations already in possession of Monday- Saturday Permits who
use fields regularly over the course of the Fall or Spring Use Period. Sunday access to
fields will be granted no earlier than 9 a.m., with games beginning no earlier than 10 a.m.
Fields will be permitted for the activities that the field(s) are intended for, designed
for, classified as, or for activities conducted in a manner that does not compromise
public safety or field quality and integrity.
Field Hotline:
Fields may be closed to avoid turf damage due to inclement weather or field saturation.
Fields may be closed for field maintenance. Call the field hotline at 408 - 777 -3566 to
determine whether or not the fields are playable.
Eligibility: Field permits are assigned based on the following priority system (see
definitions):
Priority
1 Cupertino Parks and Recreation Department
2 Cupertino resident, youth, volunteer nonprofit organization
3 Cupertino resident, youth, commercial nonprofit organization
4 Cupertino resident, adult, volunteer nonprofit organization
City of Cupertino Field Use Policy Page 2 of 8 October 20, 2004
5 Cupertino resident, adult, commercial nonprofit organization
6 Nonresident, youth, volunteer nonprofit organization
7 Nonresident, youth, commercial nonprofit organization
8 Nonresident, adult, volunteer nonprofit organization
9 Nonresident, adult, commercial nonprofit organization
10 For - profit youth sports events
11 For - profit adult sports events
12 Organizations that have previously violated the terms of the field use policy
Eligibility is based on an assessment of each organization's prior season eligibility status.
It is the Permit Organization's responsibility to notify CPRD, upon permit application
submittal, of a change in Eligibility Status for the upcoming season. Permit approval for
new organizations will be based on current registration information. Permits may be
revoked if it is found that an organization's Eligibility Status has changed without
notifying CPRD prior to permit application submittal.
An organization providing a unique recreational opportunity, such as one serving special
needs youth, may be assigned a special priority status following review of their offering
by the Parks and Recreation Commission and approval by the City Council, including use
of fields on Sunday.
Definitions:
Priority 1 - Cupertino Parks and Recreation Programming: Programs offered by the
City of Cupertino will have first priority for scheduling.
Priority 2 - Cupertino resident, youth, volunteer non - profit organization: An
organization that maintains participation of at least 51% Cupertino residents and has a
board of directors made up of at least 51% Cupertino residents. The organization must be
all- volunteer with no paid coaching or training. to be in this priority group.
Priority 3 - Cupertino resident, youth, commercial non - profit organization: An
organization that maintains participation of at least 51% Cupertino residents and has a
board of directors made up of at least 51% Cupertino residents. Organizations in this
category can hire paid staff.
Priority 4 - Cupertino resident, adult, volunteer non - profit organization: An
organization that maintains participation of at least 51% Cupertino residents and has a
board of directors made up of at least 51% Cupertino residents. The organization must be
all- volunteer with no paid coaching or training. to be in this priority group.
Priority 5 - Cupertino resident, adult, commercial non - profit organization: An
organization that maintains participation of at least 51 % Cupertino residents and has a
board of directors made up of at least 51% Cupertino residents. Organizations in this
category can hire paid staff.
City of Cupertino Field Use Policy Page :3 of 8 October 20, 2004
Priority 6 - Nonresident, youth, volunteer non - profit organizations: These
organizations do not meet the 51% residency requirement for participants or board of
directors. They are non - profit and volunteer in nature.
Priority 7 - Nonresident youth, commercial non - profit organizations: These
organizations do not meet the 51% residency requirement for participants and /or board of
directors.
Priority 8 - Nonresident, adult, volunteer non - profit organizations: These
organizations do not meet the 51% residency requirement for participants and /or board of
directors. They are non - profit, volunteer in nature.
Priority 9 - Nonresident adult, commercial non - profit organizations: These
organizations do not meet the 51% residency requirement for participants and /or board of
directors. Organizations in this category can hire paid staff
Priority 10 - For - profit youth sports events: In this category would be field rental for
businesses that run special clinics and camps for youth.
Priority 11 - For - profit adult sports events: In this category would be field rental for
businesses that run special clinics and camps for adults.
Organizations that have violated the terms of the field use policy: Beginning 1/1/05,
any group found violating any term of the field use policy or providing misleading or
false information to CPRD will have last priority for scheduling field time.
Seasonal Use Dates Defined:
Fall Use Period: 7/1 -12/31
Spring Use Period: 1/1 -6/30
Seasonal Use Date Priority:
• Cupertino Resident Youth Non - Profit Soccer Organizations have field priority on
Soccer /Baseball Joint Use Fields, during the Fall Use Period, and annual field
priority on exclusive soccer fields.
• Cupertino Resident Youth Non -Profit Baseball and Softball Organizations have
field priority on the Baseball - Softball /Soccer Joint Use Fields, during the Spring
Use Period, and annual field priority on exclusive Baseball or Softball Fields.
Exceptions to Seasonal Priority:
- Little League Baseball has annual priority at the Hyde Middle School 90 ft. Diamond
Baseball /Soccer Joint Use Field.
- Memorial Park Softball Field is exclusive to CPRD Adult Softball Leagues.
- Cupertino Parks and Recreation Department programs have annual priority on all
fields.
- The City Council may assign a special priority status to a group offering a unique
program to Cupertino residents that would be otherwise unavailable.
City of Cupertino Field Use Policy Page 4 of 8 October 20, 2004
Two or More Equally Eligible Groups Requesting the Same Field:
In the event that two or more field requests with equivalent eligibility overlap, the groups
shall first work together to resolve the issue through compromise. If the issue cannot be
resolved by the groups, the City's Field Coordinator will use good judgment in
determining the field allocation for the season. In these cases, priority consideration shall
be given in the order stated below:
A. The organization with a history of past field use on specific fields will have first
priority
B. A program providing a service that does not currently exist (does not duplicate a
program already available)
C. Timely receipt of field use request and required accompanying materials.
D. Other Elements
How Cupertino residency is calculated: Because leagues are regional in nature, city
staff will calculate the residency percentage by reviewing the rosters for players
scheduled on Cupertino fields, and not the league as a whole. This calculation is
intended to encourage league field schedulers to secure playing time in all cities from
which they draw participation.
Definition of a Cupertino Resident: A person who lives in the City of Cupertino.
How Field Use Policy compliance is verified: CPRD requires a Master League Roster
complete with player first and last names alphabetized, address, and phone number, and
all Team Rosters of participants. This information will be presented.to CPRD Staff
immediately after registration for the organization closes. Coaches will be required to
have team rosters and permits on site during each field use, available for inspection.
CPRD will make spot field checks, and any organization found to be misrepresenting its
residency status will have its permit revoked for the season and will be last priority for
field scheduling for the next season.
Organization within an organization, or "under the umbrella of an organization ":
Any organization found to be scheduling field time for use by another organization (that
would otherwise have a lower priority for field scheduling) will have its permit revoked
for the season and will be last priority for field scheduling for the next season.
To Apply for an Athletic Field Use Permit:
To apply for an Athletic Field Use Permit, contact the Cupertino Parks and Recreation
Department Athletic Field Coordinator, 408-777-3120.
Fees:
Priority
1 Cupertino Parks and Recreation Department
No charge
2 Cupertino resident, youth, volunteer non- profit organization
$11 /player /season for residents; $22 /player /season /nonresidents
City of Cupertino Field Use Policy Page 5 of 8 October 20, 2004
3 Cupertino resident, youth, commercial non - profit organization
$11 /player /season for residents; $66 /player /season/nonresidents
4 Cupertino resident, adult, volunteer non - profit organization
$50 /hour /field, 2 -hour minimum, $600 refundable damage deposit
5 Cupertino resident, adult, commercial non - profit organization
$50 /hour /field, 2 -hour minimum, $600 base fee /site /seasonal use period and $600
refundable damage deposit
6 Nonresident, youth, nonprofit volunteer organization
$11/player/season for residents; $66 /player /season/nonresidents
7 Nonresident, youth, commercial non - profit organization
$11 /player /season for residents; $88 /player /season/nonresidents
8 Nonresident, adult, nonprofit volunteer organization
$50 /hour, 2 -hour minimum, $600 base fee /site /seasonal use period and $600
refundable damage deposit
9 Nonresident, adult, commercial non - profit organization
$100 /hour, 2 -hour minimum, $600 base fee /site /seasonal use period and $600
refundable damage deposit
10 For- profit youth sports events
$150 /hour, 2 -hour minimum, $600 base fee /site /seasonal use period and $600
refundable damage deposit
11 For - profit adult sports events
$175 /hour, 2 -hour minimum, $600 base fee /site /seasonal use period and $600
refundable damage deposit
12 Organizations that have violated the terms of the field use policy
To be determined on a case -by -case basis, considering the type of organization
and the nature of the violation.
Fee Payment Protocol for Youth Non - Profit Organizations: Once the Volunteer or
Commercial Youth, Non - profit Organization's primary player registration has closed for
their upcoming season, an accurate, computer - generated master league roster that
includes names, addresses and phone numbers of only the players using Cupertino fields,
will be required. The City of Cupertino will use the `per player fee' formula (see Fee
Section) to invoice the league. For any additional registrations during the course of the
year, the same protocol will apply. The City may require, at any time, to review certified
league registration forms for all participants. The permit will be revoked if the fees are
not submitted on time (see `Fee Payment Deadlines').
The City Council has levied lower fees for Cupertino residents, and staff will check
to ensure that the registration amounts paid by Cupertino residents is accurate.
Fee Payment Protocol for Groups OTHER THAN Youth Non - Profit Organizations:
Organizations OTHER THAN Youth Non - Profits will submit, attached to their Athletic
Field Use Permit Application(s), an accurate assessment of: # of individual fields
requested, multiplied by # of hours requested using each field, multiplied by the hourly
rate for your Eligibility Status (see`Fee' section). CPRD will then invoice the
organization based on the approved amount of fixed field use hours. In the event of field
City of Cupertino Field Use Policy Page 6 of 8 October 20, 2004
closures due to inclement weather, rainouts, field over - saturation, or field maintenance,
the organization will have an opportunity to schedule `make -up dates' with CPRD or
have the option of being refunded all applicable fees. The permit will be revoked if the
fees are not submitted on time. (see `Fee Payment Deadlines')
Permit and Insurance Certificate Submittal Deadlines to Remember:
For Spring Seasonal Use Dates (1 /1- 6/30):
Permit Applications may be submitted to CPRI) between 11 /1 -12/1.
For Fall Seasonal Use Dates (7/1- 12/31):
Permit Applications may be submitted to CPRI) between 5/1 -6/1.
Organizations that miss the above deadline(s) will be subject to the `first come, first
serve' priority system.
Rosters Submittal Deadlines to Remember:
For Spring Seasonal Use Dates and Fall Seasonal Use Dates: Team and Organizational
Rosters must be submitted to CPRD no later than 14 days after the Permit Organization's
primary registration period(s) closes. For any additional registrations during the course
of the year, the same protocol will apply.
Fee Payment Deadlines to Remember:
Cupertino Youth Non - Profits: 14 days after receiving CPRD Invoice.
Groups OTHER THAN Cupertino Youth Non - Profits: 7 days prior to first permitted
date.
Cancellations:
For groups other than Cupertino Youth Non - Profits, cancellations will be accepted with
full refund up to three 3 working days prior to scheduled use. The recreation coordinator
responsible for field scheduling must be notified.
Permit applications for organizations offering new programs will be reviewed by staff
and, if necessary, forwarded on to the Parks and Recreation Commission and City
Council. Staff will endeavor, to the extent possible, to facilitate new program offerings.
General Regulations For Field Use:
• A copy of the approved permit must be available for inspection when an
organization is using the field
• Field users are required to observe all City of Cupertino park regulations.
• Field use is limited to the times and dates indicated on the permit, and any changes
are subject to availability and approval by the department.
• Fields must not be used when wet; permits are invalid on rainy days or after rain if
the ground is considered too saturated for play:
— Call the field hotline at 408 - 777 -3566 .o determine whether or not the fields are
playable.
City of Cupertino Field Use Policy Page 7 of 8 October 20, 2004
• No alcoholic beverages are allowed; violation will result in forfeiture of the permit
and no fees will be returned.
• No group shall litter, soil, or defile the field, rest rooms or other park areas.
• No group or persons shall use any system to amplify sound whether for speech or
music.
• No group or person having control or care of a dog shall enter or remain in the park
unless posted for such use, and then only if it is led by a leash of suitable strength.
• No group or person shall make or kindle a fire for any purpose, except at places so
designated.
• No group shall enter an area posted as "closed to the public" or "field closed ". No
persons shall remove such postings.
• No group or persons shall indulge in riotous, boisterous, threatening or indecent
conduct.
• All permit organizations or groups must show proof of liability insurance with the
City of Cupertino named as additional insured. Liability insurance must be for a
minimum of $1 million.
• It is the responsibility of the permitted organization to notify the Cupertino Parks
and Recreation Department ASAP if it is determined by the permit organization that
an approved permit date(s) is no longer needed.
This policy constitutes the exclusive Field Use Policy surrounding field use for City of
Cupertino owned fields and Cupertino Union School District (CUSD) fields specified in
the Joint Powers agreement.
This policy was approved at the City Council meeting of October 18, 2004.
g: \parks and recreation admin \policies \field use policy.doc
City of Cupertino Field Use Policy Page 8 of 8 October 20, 2004