Loading...
CC Resolution No. 6106RESOLUTION NO. b1Ub A RESOLUTION OF THE CITY COUNCIL OF 'fill. CITY OF CUPERTINO AuTtIURI'L1NG EXECUTION OF AGREEMENT WITH MIDPFNINSULA REG- IONAL (OPEN SPACE DISTRICT FOR TEMPORARY USE OF PICCHETTI PROPERTY FOR RECREATION PROGRAM WHEREAS, the City of Cupertino Parks and Recreation Department is desirous of using the Picchetti property for a recreational program, and WHEREAS, Lhe said Picchetti property is owned by the Micipeninsula I(ey;ional Open Space DiSLri.CL, and WHEREAS, an agreement between the City of Cupertino and the Mid- paninsula Regional Open Space District has been presented to the City Council, and said agreement having been approved by the Director of Parks and Recreation and Lhe City Attorney, NOW, THEREFORE., BE IT RESOLVED that the Mayor and the City Clerk ,11-1 hereby authorized to execute the agreement hereto referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of June _ 1983 by the foIIowluy; Vo Le: 0 VoLe Members of Lhe City Council AYES: ,lohn-:on, Plungy, I(ogers, Sparks, Gatto NOES: None ABSIiN'1•t Nona ABSTAIN: None APPROVED: Myor, City of Cuperti o ATTEST: f :ity Clct'k THIS AGREE`:E`:T is made and entered into this 25th day of May 1?53, by ant between the CITY OF CUPERTINO, a municipal corporation, hereinafter ca''led "CIT'i and the MIDPEYIXSULA REGIONAL OPEN SPACE DISTRICT hereinafter called "DISTRICT". :F FOSE. In or�er to provide an expanded and varied program of organized recreational a_tivities for the citizens of the CITY, CITY has arranged with S;RICT r ise the Picchetti Ranch and Fremont Older Ranch Properties, located in Santa Clira County Foothills, adjacent to the City of Cupertino, for a recreational Day Camp prozran consisting of programs such as arts and crafts, `!ikin.z, picnicking, games, singing, nature study, swimming, and caring for `arm ani-als. It is understood by both parties that the Picchetti and Fremont Older Ranch Properties are semi -wilderness areas with certain environmental hazards, such as uneven landscape, wooded areas, poison oak, wildlife and rattlesnakes. CITY shall offer no programs that, in the estimation of DISTRICT, have a neeative impact on the environment of the area, or in the future use of the Properties. In consideration of the mutual covenants and conditions contained herein, the parties agree as follows: 1. DISTRICT agrees to provide the non-exclusive use of the Picchetti Ranch without charge for use by CITY to carry on a Day Camp program for the benefit of the citizens of the CITY. Said facility shall be made available for the uses intended during the times of 9:00 a.m. to 5:00 p.m. Mondav through Friday. July 11, 1983 through July 22, 1983. Uses for day camp .- _ .._ -..-T n t-e e%,e-i .s 7/13, 7/14, 7/20, and 7/21. _. 1'o'�eep and maintenance of buildings, bridges, roads, pathways, utilities and other improvements on the property shall be carried out in such a nanner as may be mutually understood and agreed between the parties from time to time, provided that nothing herein shall be deemed to impose on DISTRICT and responsibility assumed by CITY in Paragraph 8 hereof. 3. DISTRICT may designate certain areas unsafe or unusable to CITY and restrict said areas .from use. (See attached map for areas designated as "closed".) 4. CITY agrees to furnish and pay for all necessary supplies and materials directly related to the program, including utilities. 0 5. CITY agrees to obtain all necessary permits for fire, safety, health, and other clearances required by local and State agencies. 6. CITY shall be responsible for all necessary or appropriate supervision and control over agents and employees of CITY. parti- cipants in the program, and other persons on the property at the invitation of CITY or as a result of CITY'S program. Responsibility for supervision and control shall include providing qualified staff members and volunteers to protect the safety of the participants and to promote, organize and conduct the various programs. 7. It 1s expressly understood and agreed that this agreement is not intended. and shall not he construed, to create a relationship of i__ .re, rim ier;,..., Joint venture, or association between JI_ TR:CT an.'. CITY. but it is rather an agreement by and between indepencent contractors. Each is to be responsible for its liabilities in the areas of responsibility designated by this agreement. 8. CITY shall have the responsibility and bear primary liability for: a) locating and identifying any hazards, natural or manmade, on the property and calling such hazards to the attention of participants in the program, and to persons on the property at the invitation of CITY, or as a result of CITY'S program. b) loss. damage or injury to participants in the program, and to persons on the property at the invitation of CITY or as a result of CITY'S program, from any cause whatsoever, except the willful, wanton or gross misconduct of DISTRICT'S officers, agents or employees. ' c) loss of or damage to property of CITY or of participants in the program, and to persons on the property at the invitation of CITY or as a result of CITY'S program, from any cause whatsoever, except the willful, wanton or gross misconduct of DISTRICT'S officers, agents or employees. d) loss, damage or injury to third persons, including employees of DISTRICT, caused by the negligence or other wrongful act or omission of CITY, its officers, agents, employees, supervisors or participants in the program. 11, - •- .. =�'-• " irl ;ers,ns, including pr-pert. its en;levees, caused by the neeli¢ence or ether wrongful act or emission of CITY, its officers, agents, employees, supervisors or participants in the program. nothing herein shall be construed to impose on CITY responsibility for any liability for which DISTRICT would otherwise be responsible and which is in no way attributable to the conduct of CITY'S Drogram or activities under this agreement. Persons on the property pursuant to this agreement shall be deemed to be on the property at the invitation of CITY and not of DISTRICT. 9. CITY shall carry liability, property damage, death and bodily injury insurance during the term of this agreement covering, among others, the insurable risks set forth herein, and DISTRICT shall be named as additional insured on said policy. Said policy shall be in the amount not less than five hundred thousand dollars per injury or death to one person, five hundred thousand dollars per occurrence. and one hundred thousand dollars property damage. CITY shall furnish DISTRICT a certificate of insurance evidencing such insurance coverage. 10. DISTRICT shall carry liability. property damage, death and bodily injury insurance during the term of this agreement covering its risks arising out of its ownership of the property in an amount of not less than five hundred thousand dollars per injury or death to one person, five hundred thousand dollars per occurrence, and five hundred thousand dollars property damage. '.are-1 ant ho1J4 har-less the D:5'3.'C: ic,a and a,3inst all liability for all claims, suits, damages, injuries, costs, losses and expanses, including attorney's fees, in any matter related to or occurring during such recreational program, provided that the matter giving rise to the liability, is directly attributable Co the acts or omissions of the CITY'S employees or agents, or otherwise arises out of matters which by the toms of this agreement are the responsibility of the CITY. 12. DISTRICT hereby agrees to indemnify, defend and hold harmless the CITY of CUPERTINO, its officers, agents and employees from and against all liability for all claims, suits, damages, injuries, costs, losses and expenses. including attorney's fees, in any matter related to or occurring during such recreational program, provided that the matter giving rise to the liability is directly attributable to the acts of the DISTRICT'S employees, agents or other matters which by the toms of this agreement are the responsibility of the DISTRICT. 13. Each party shall, in good faith, attempt to avoid interference with the activities and facilities of the other, in keeping with the spirit and purposes of this agreement. 14. Either party may, without cause, withdraw unilaterally from this agreement after notice to the other party with the result that this agreement shall be terminated at the end of five (S) days thereafter. 5 /h A??ROt'ED AS TO FORM: CITY OF CUPERTINO A municipal corporation By City Attorney Mayor, City of Cupertino ATTEST: City Clerk MIDPENINSULA REGIONAL OPEN APPROVED AS TO CONTENT: SPACE DISTRICT a By General "tanager 6/6 •l i. i - 7 l \\ l 6. 11 � ' 1 TJ - l � '`cro 11_ ".I 'Ouo �^l.� /� ele • ' L �` 1� rm•. _ • . . G c ' (1�acoe.ZR SIN. drro n IL G� �1 � � I�` 1 v• -f�).: •c .V I��UI� •r _ �.� I r coil I'u(r•��.rr re `� • cr•/r•�f I _ _, r4 i '( •l, r � 1 f �: ;rrJ"1•\i' ' 1� ��S h\�� \•Cc !\ 1 ui � boo i� 1 it l/�._�7__- a'•1 ��— /rl ll�;-„l l� V,\.fir G,•v.i� �' 1'��T�ti� 1 '4\� »+ ��Y� � � ,�t,��( r '� � �i )./I linIt �-i �r \ ,i, r- `. �1 •..1 /-^ o � ` , -•���, \�1 `I ,,_)�yf - ram, \ ,\\ I ,_ I�t►V/.1�\`,b,.,, , �.'1• : ti \ �_`_'1. �, '11 ���: � ,�C�,".` ;ej� +� ion^':, �,1 .\\1 � �- •� �\_ �` - -- KEY _ s PARKING AREA F !! •� �� i� O GROUP PARKING AREA 1 CLOSED AREA o DEBRIS AREA �'. f - - ---PATROL ROAD ONLY �� �-\ '� ; �' � •� � � __ r 1 ====PATROL ROAD S TRAIL I _' �� �. +ID;11101� ,r /' ----PROPOSED TRAIL SHOWN _ fi;,:rk-• _- SCHEI.IATICALLY _{ Y��i�^.- �rr5'.Li:Ctncitv:.n..�ri:�:..e�. x.:�a.s +!er.ei. M ^i �'1��;•e. i e=��_�_• _ ^:06*11EL'ELL0 OPEN SPACE PRESERVE - I' I CCi,rTT: 2!11tiCf; ;RED` = tli11Y, , .� Ar'