REINSTATEMENT AND FIRST AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF SUNNYVALE
AND CUPERTINO UNION SCHOOL DISTRICT
PERTAINING TO THE USE, MAINTENANCE AND
IMPROVEMENT OF CERTAIN OPEN SPACE AREAS AND BUILDINGS WITHIN
CERTAIN SCHOOL SITES
Thi
s Reinstatement and First Amendment to the AGREEMENT PERTAINING TO
OPEN SPACE AREA AND BUILDING USE, MAINTENANCE AND IMPROVEMENT , entered into as of _________________, 2025, the date of the last signature on the signature page, and retroactively effective to June 30, 2024 (“Effective Date”), is by and between the CITY OF SUNNYVALE ("CITY"), a California chartered municipal corporation (“CITY”), and the CUPERTINO UNION SCHOOL DISTRICT (“DISTRICT”) ( individually a “Party” and collectively the “Parties”).
WHE
REAS, the Parties entered into an agreement pertaining to the use, maintenance, and improvement of open space areas and buildings within certain school sites, dated October 16, 2014 (“Agreement”) which expired on June 30, 2024.
WHE
REAS, the Parties have a mutual interest in extending the term of the Agreement.
WHE
REAS, the Parties required additional time to consider an amendment to the Agreement.
WHE
REAS, the Parties executed a Letter of Agreement on August 9, 2024, in which the Parties agreed that if the Parties do not execute an amendment to the Agreement by August 12, 2024, then the term of the Agreement shall automatically extend through December 31, 2024.
WHE
REAS, the Parties desire to amend and reinstate the Agreement retroactively effective to June 30, 2024, and extend the term of the Agreement to June 30, 2029.
NOW, T
HEREFORE, CUSD AND THE CITY ENTER INTO THIS
REINSTATEMENT AND FIRST AMENDMENT TO THE AGREEMENT.
1. The Agr
eement is hereby reinstated in its entirety and retroactively applied as of the Effective Date, except as amended herein below.
2. Sect
ion 2.1 of the Agreement is hereby amended to read as follows:
2.1 The
term of this Agreement shall commence at 6:00 a.m. on the effective date indicated on Page 1 of this Agreement, and expire at 12:00 a.m. midnight on June 30, 20 29. Prior to the expiration date, the term of this Agreement may be extended for up to five additional years on mutually agreed upon terms and conditions. In the event the parties agree to extend the Attachment 1
termination date, a written amendment to the Agreement memorializing the extension shall be executed by both Parties. The preceding notwithstanding, this Agreement is subject to the fiscal provisions of the Charter of the CITY and other laws of the CITY and the DISTRICT, and this Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated by the Council or Board of Education for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are not appropriated by the Council or Board of Education for a portion of the fiscal year and funds for this Agreement are no longer available. The CITY or DISTRICT will use reasonable efforts to give the other Party reasonable notice of termination in the event that funds will not be appropriated.
3. Sec
tion 4.6 of the Agreement is hereby amended to read as follows:
4.6 T
he DISTRICT will reimburse the CITY annually in January of each year for the cost of water according to the following amounts:
Year Cost
2015 $60,000
2016 $62,400
2017 $64,896
2018 $67,492
2019 $70,192
2020 $72,999
2021 $75,919
2022 $78,955
2023 $82,114
2024 $85,398
2025 $88,815
2026 $92,367
2027 $96.062
2028 $99,904
2029 $103,901
4. Sec
tion 6.1 of the Agreement is hereby amended to read as follows:
6.1 T
he DISTRICT will have use priority of the four elementary school Facilities between the hours of 8:00 a.m. and 5:00 p.m. on scheduled school days, and use priority of Cupertino Middle School Facilities between the hours of 8:00 a.m. and 4:00 p.m. on scheduled school days. Use priority will be extended to interscholastic activities occurring at the elementary and middle school Facilities until the completion of those scheduled activities, even if such activities are completed after 5.00 p.m. for the four elementary schools or after 4:00 p.m. for Cupertino Middle School. This priority will apply Mondays through Fridays during each regular academic school year.
Attachment 1
Any interscholastic activities that extend beyond 5 :00 p.m. at the four elementary schools or extend beyond 4:00 p.m. at Cupertino Middle School shall be permitted through the CITY at no cost to the DISTRICT. The DISTRICT has sole responsibility to restrict public access to Facilities during those times. The DISTRICT will use its best efforts to provide to the CITY at least 90 days’ advance notice of any interscholastic activity occurring at the Facilities.
5. Sec
tion 6.2 of the Agreement is hereby amended to read as follows:
6.2 T
he CITY will have use priority of the elementary school Facilities after 5:00 p.m. on scheduled school days and of Cupertino Middle School Facilities after 4:00 p.m. on scheduled school days, and use priority of the Facilities at all other times, including weekends, holidays and summer vacation periods. Exceptions to this use priority schedule may be agreed upon, in writing, by the Director and the Business Manager. The CITY will cooperate with the DISTRICT in any manner which will afford the DISTRICT an adequate opportunity to use the Schools for its activities, programs and other needs.
6. Ex
hibit A, Cupertino Middle School Site Plan, is deleted in its entirety and replaced by Exhibit A-1, Amended Cupertino Middle School Site Plan, attached hereto and incorporated herein.
7. Ex
hibit B, Nimitz Elementary School Site Plan, is deleted in its entirety and replaced by Exhibit B -1, Amended Nimitz Elementary School Site Plan, attached hereto and incorporated herein.
8. Ex
hibit C, Serra Elementary School Site Plan, is deleted in its entirety and replaced by Exhibit C-1, Amended Serra Elementary School Site Plan, attached hereto and incorporated herein.
9. Ex
hibit D, Stocklmeir Elementary School Site Plan, is deleted in its entirety and replaced by Exhibit D -1, Amended Serra Elementary School Site Plan, attached hereto and incorporated herein.
10. Ex
hibit E, West Valley Elementary School Site Plan, is deleted in its entirety and replaced by Exhibit E -1, Amended West Valley Elementary School Site Plan, attached hereto and incorporated herein.
11. The t
erms defined in the Agreement shall have the same meanings whenever used in this Amendment.
12. Al
l other terms and conditions remain unchanged and are in effect.
Attachment 1
IN WITNESS WHEREOF, the Parties have executed this Reinstatement and First Amendment to the Agreement.
CI
TY OF SUNNYVALE ("CITY") CUPERTINO UNIFIED SCHOOL
DISTRICT (“DISTRICT”)
By
_____________________________ By _____________________________ Tim Kirby
City Manager ________________________________
Name and Title
ATTE
ST:
By
___________________________
David Carnahan
City Clerk
APPRO
VED AS TO FORM:
By
___________________________
Susan Yoon
Assistant City Attorney
Attachment 1
Exhibit A
-1: Amended
Cupertino Middle
School Si
te Plan
Attachment 1
Exhibit B-1: Amended
Nimitz
Elementary School Site Plan
Attachment 1
Exhibit C-1: Amended
Serra
Elementary School Site Plan
Attachment 1
Exhibit D
-1: Amended Stocklmeir
Elementary School Site Plan
Attachment 1
Exhibit E-1: Amended
West Valley
Elementary School Site Plan
Attachment 1