CC Resolution No. 5501 r • •
RBSOLUTIOi7 I10. 5501
A RLSOLU'CIOid 0[~ TIiG CITY CO~NCIL OF 'fHE CITY OF CUPERTIIr'0
AU1'fiORIZIiJG EXtiCUTION OF JOIN'C EXERCISB OI' YOWEkS AGRIiE-
21ENT EiCTWGL•'N THIi FOOTHILL-DE AN'LA CO[IIdUNITY COLLGCE DIS-
TRICT ANll 1'fIL•' CITY OF CUPERTLi:O TO PROVIllE TGIIhIS COtiRT
LIGIiTIilG AT DE Ai17.A COLLECL•'
WNEItIiAS, tl~e Gtty of Cuper[lno en[ered into a joint exercise of powers
' agreemen[ with tl~e Poothil] Community College Distrlct for use of De Anza
' College tennis courts, dated June 19, 1974, whlch agreement is incorporated
' herein and made a part hereof Uy reference; and
lJIIERL•'AS, [lie C![y of Cupertino wisiies, pursuan[ to paragrnpii 9 of
said agreerient, to extend Cl~e term t~iereof for an additional period of flve
(5) years, witi~ shared cos[ of energy and relamping;
i~OW, TfitiEtEFORG, 13E IT IZESOLVED tiiat the City of Cuper[ino I~ereUy exer-
, cises its op[ion [o extend the [erm of said agreemen[ for an additional
period of five (S) years, and tlie City Clerk Is hereby directed to send a
certtfied copy of tiiis Resolution to [he Foothill Community College D1s[rict.
' PASSIiD ti:U ADOPTGD at a regular mee[ing of [ne Ci[y Council of the
i City of Cupertino this ~Stli day of December , 196U by tl~e following
I vote:
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~ Vo[e Plembere af ti~e Cit~ Council
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~ ~YES: G:t[to, Plungy, Sparks, RoKers
!~I hOt;S : None
AI3SEtJT: Johnson
ABSi'AIH: None
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( Af'PROVE~ :
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h4~, City of Cuperciy
ATTEST: /
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. City Clerk
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• JoiN~~ exLacise oF ~oweas ncaernir.rrr
between thc
FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT
AND TIIE
CITY OF CUPF.RTINO
to provide
TENNIS COUR'P LIGFITING AT DE ANZA COLLEGE
This is an agreement between the FOOTt3ILL-DE ANZF~ COMMUNITY COLLEGE
' DISTRICT ("COLLEGE" and the CITY OF CUPERTINO ("CITY") entered into pursuant
to the provisions of Education Code Section 722Q0 and Title I, Division 7,
' Chapter 5 of the Government Code (commencinq with Section 6500).
' S9HEREAS, there is a need for illuminated tennis courts to provide evening
play and instruction for students and residents and
WIIEREAS, cooperation and coordination between COI.LEGE and CITY is
imperative•for o.ptimum social betterment of the community.
TfIEREFORE, IT IS AGREED AS FOLLOZ4S:
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I 1. Project. The seven courts presently existinq on thc De Anza Colleqe
Campus, constructed by the COLLEGE, are to be lighted in accordance with present
illumination standards. Final F~lans have been approved by COLLEGE and CITY.
2. Ownership. The installed lightinq will vest in the COLLEGE.
I 3. Operation. COLLF.GE will be responsible for operation and maintenancc
~ of liqhting. The CITY shall share equally in the enerqy cost and relampinq,
I to be computed annually (based on 3/7 CITY and 4/7 COLLECE share). A statement,
j including a cost breakdown, will be submitted to the CITY in Jane.
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4. Use. The CITY shall have the exclusive use of three (3) of the sev~~n
(7) courts, Monday throuqh Friday, from G:30 p.m. to 9:30 p.m. on a year-cound
basis. CITY may providr_ snpervision and instrurtion on their assiqned cour.ts
duriny this timc. Thc COi.L,F.GE shall have the exclusivc use of thc remaininq
four (4) courts at all times. Ooth C~arties will provide each other with
proposed schedules of nporation, includinq review of special summer, E~11,
winter and spring proqramming. Upon a minimum of two wr_eks notice, either
~ ~arty may request suspension of the normal agreed schedule to accomodate a
reasonable nunber of sponsored tournaments.
5. Indemnity. To the extent allowed by law, COLLEGE ~nd CITY shall each
indemnify, save fiarmless, and defend the other from any claim, action or
liability arising from errors ar omissions of their respective officers, agent.s
' and employees arisinq from the performance of this agreement. COLLEGE and CITY
shall each secure and maintain in full force and effect durinq the full term of
~ this ayrcement, liability insurance in amounts and written by carriers
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satisfactory to CITY and COLLEGE respectively. COI.LEGE ar~d CITY shali
cause to be issucd to CITY and COLLEGE respectively, an insurance endorsement
naming the other ~,arty as an additional insured under the policy or policies
of insurance so maintained, which endorsement shall c~ver the liability
described hereinaUove by liability coveraqe and contractural mveraqe, all
in accordance with the foregoinq provisions of this aqreement.
6. Commencement, This agreement shall commence upon its execution by
botl~ parties.
7. 'Duration. This agreement shall continue in full force and effect
I for a period of five (5) years, with the CITY havinq the option to renew for
an additional five (5) years.
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i 8. Cancellation. Either CITY or COLLEGE may withdraw from the agreement
upon three months written notice.
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i F(X)THILL-DE ANZA COMMUNITY COLLEGE CITY OF CUPERTINO
JISTRSCT
. APPROVED AS TO FOItM:
~Y BY
' City Attorney
Date Date
BY
Mayor, City of Cupertino
Date
A1'TEST:
City Clerk
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