HomeMy WebLinkAbout2001-12-10 City Council (12)City of Palo Alto
City Manager’s Report 6
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: CITY MANAGER’S
OFFICE
DATE:
SUBJECT:
DECEMBER 10, 2001 CMR:448:01
TERMAN-CUBBERLEY PROPERTY EXCHANGE AGREEMENT
WITH PALO ALTO UNIFIED SCHOOL DISTRICT (LEASE
AMENDMENT AND LAND EXCHANGE AGREEMENT,
INCLUDING JOINT USE OF TERMAN SITE)
RECOMMENDATION
Staff recommends that the City Council approves the attached property exchange
agreement between the City of Palo Alto and the Palo Alto Unified School District
(PAUSD). The property exchange agreement allows the City to swap 8 acres of City-
owned property at Ten-nan Community Center to PAUSD for 8 acres of District-owned
property at the Cubberley Community Center.
BACKGROUND
To accommodate PAUSD’s plans to establish the third middle school at Terman, the City
Council and the Board of Education jointly approved on January 29, 2001, a conceptual
agreement to exchange 8 acres at Terman for 8 acres at Cubberley. (See Attachment A
for conceptual agreement.) The property exchange was also a central element in the 4-
Party Memorandum. of Understanding (MOU) to address the Middle School Challenge,
involving the City, PAUSD, Jewish Cormnunity Center (JCC), and Stanford University.
The 4-Party MOU was approved by the City Council on September 10, 2001.
Under the provisions of the property exchange agreement, PAUSD receives ownership of
7.97 acres of buildings and parking lots at Terman. In exchange, the City receives 7.97
acres of buildings and parking lots at Cubberley. (See Attachment B for maps.)
Other major provisions include the following:
CMR:448:01 Page 1 of 2
PAUSD will be the primary user of City-owned playgrounds at Terman during
school hours. The parkland will be open for community use and programming
after school and on weekends and holidays.
Terman Middle School facilities (e.g., gym, pool, auditorium) will be available
for joint use under terms of a City-PAUSD joint use agreement which is
attached to the Lease Amendment and Land Exchange Agreement.
Should the District need to reclaim part of the Cubberley Community Center
for a compact high school prior to the expiration of the City’s lease for
Cubberley, the District only needs to provide notice to the City and replace lost
revenue to the City.
POLICY IMPLICATIONS
The property exchange agreement is consistent with the many policies and programs in
the Comprehensive Plan promoting City-District collaboration and the effective provision
of community services.
RESOURCE IMPACT
No monies are paid by the City or the District pursuant to the property exchange
agreement. In terms of the City’s continuing lease of the remaining 27 acres at
Cubberley, the City’s lease payments to the District are reduced by the amount equivalent
to the City’s lost revenues from the JCC ($276,810 in 2001).
PREPARED BY:
lenest
City Manager
CITY MANAGER APPROVAL:
City Manager
Attachments:
Attachment A - Conceptual Agreement
Attachment B - Maps
Lease Amendment and Land Exchange Agreement
CMR:448:01 Page 2 of 2 ’
ATTACHMENT A
Palo Alto Unified
School District.
DATE: January 25, 2001
TO:
FROM:
SUBJECT:
Board of Education
City Council
.Superintendent Don Phillips
City Manager Frank Benest
Conceptual Agreement Between Palo
of Palo Alto to Exchange Property
Alto Unified School District and City
Recommendation
The Superintendent and City Manager j.ointly recommend that the Board of Educatbn
and the City. Council adopt the attached Conceptual Agreement for a Property
ExChange and authorize.the two chief executives:to negotiate a final agreement.
Backqround ¯
With a growth in enrollment, the School District notified the City that it needed ~o reclaim
the Terman Community Center site {or a middle school. This necessitated the
relocation of the Jewish Community center (.JCC).
For the past 15 mon.ths,, the School District, the City, .the JCC, and Stanford University
have been working hard t0 accomplish the following:
Transition Terman to the School District for a middle school in order for the
School District .to renovate the facilities and open the middle school by
September, 2003
¯Maintain joint use.of Terman facilities
Relocate the JCC to a new permanent home and avoid, or minimize any
interruption of services
Recognize the financial needs of ali parties
The Middle School/Community Center challenge has been a very complex challenge
because so many institutions, constituencies and interests are involved, and any viable
solution must address the interests ofthose involved..Officials from the School ~ District,
¯ City, JCC, and Stanford have met numerous times and have explored in private and in
public a full range of options to resolve the Middle SchoollCommunity Center challenge.
In the last month, the School Superintendent and City. Manager hav.e both been
authoriz6d to mee{ on an intensive basis in order to find the proposal to .meet
everyone’s interests. The Superintendent and City Manager both believe that the
attached ’iConceptual Agreement" successfully.addresses the challenge.
Given that Terman and Cubberley will be used in the future for both educational and
community service needs, it is the intent of both the School District and the City to
maximize joint use of facilities where appropriate.
Advantages
In respect to the range of options that We have explored, the "Conceptual Agreeme.nt
Between the Palo Alto Unified School District and the City of. Palo to Exchange
Property" provides a variety of advantages:
1. .The Conceptual Agreement meets both the ed’ucational and community service
needs of the Palo Alto community.- ~
2.The Agreement is based on an. exchange of property; the School District and the
City do not lose any net land and no monetary p~yments are required.
3.There is an emphasis on the joint use of fasilities to meet community needs.
4.The Agreement meets JCC needs.
5.There is certainty for both the School District and the City regarding essential
facilities.
.The Superintendent and City Manager both wholeheartedly endorse.the Conceptual
Agreement and recommend that the School Board and City Council approve .the
Agreement and authorize the two chief executives to negotiate a final agreement.
Attachment:Proposed Conceptual Agreement-Between Palo"AIto Unified School
District and City of Palo Alto to Exchange Property
2
¯ Proposed Conceptual Agreement Between Palo Alto Unified
School District and City of Palo Alto to Exchange Property
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The School District and the City will enter into an exchange of ownership of land.
The exchange of property will take effect on September 1, 2002. The School
District will receive from the City 7.97 acres.of the Terman site (5.94 acres of
improvements pluS 2.03 acres of parking).’ In exchange, the City will receive from.
the School District 7.97 acres at the northern end of the Cubberley site.
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The City and the School District will enter into a joint use agreement regarding
the Terman gym, pool, fields, and other facilities to support community needs as
appropriate. Regarding the fields, the School District will have use comparable to
its other middle schools during the day. The School District will explore with the
City a long-term joint use agreement regarding the library. The City will continue
operating the Terman branch library as a City library until there is a long-term
joint use agreement or District enrollment and program require the space
occupied by the existing library to support the educational program.
The School District will have use of the City’s 7.66 acres of p!ay fields at Terman.
Should the City’s Cubberley’ lease expire, the City will have joint use of 7.66
acres of play fields at Cubberley. Such joint use of these fields at Cubberley will
¯ provide use comparable to the other high schools as well as provide joint use.
Given thatthe City no longer will be leasing¯ the.’f.97 acres at Cubberley, the
City’s lease payment to the.School District, effective September 1, 2002,.at
.Cubberley Will be offset by the sameamount as the JCC lease payment at
Ter.man, effective September 1, 2002. This offset will receive the same CPI
adjustment as the Cubberley lease.
The City agrees to deliver the Terman site free of all tenancies on September 1,
2002. This agreement to deliver Terman.free of all tenancies is based on the
School District, .City, and Jewish Community Center .(JCC) entering into a
mutually agreeable Memorandum of Understanding (MOU)....
The School District, with a 24-month notice, can bring on line a small high school
in the space utilized by the Foothill College program on the Cubberley site. The-
City’s .lease payment to the School District would be reduced by the same
amount as the loss of revenue to the City from the Foothill program. Should the
School District open a small high school prior to the expiration of the lease, the
School District and City will enter into an agreement regarding joint use of gym,
cafeteria, theatre, and fields. .-.
The School District and the City have right of first refusal regarding the land
exchanged should the other party desire to .dispose of that property or a portion
of that property.
This exchange agreement is contingent, upon Stanford University providing a
long-term lease to the City for a community center on the Mayfield site.
Ilillliliil~llt~iil~il
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ATTACHMENT B
Exhibit G
EXIIIBIT "A. 1". EVALUATION PLAN
CUBBERLEY SCHOOL
PALO ALTO UNIF~D SCHOOL
CUBI~ERLEY SCHOOL
~00 ~D~ RO~P~ ~TO, .C~O~
LEASE AMENDMENT AND LAND EXCHANGE AGREEMENT
This Lease Amendment and Land Exchange Agreement is
entered into this day of , 2001 by and
between the Palo Alto Unified School District ("District") and
the City of Palo Alto, a municipal corporation ("City").
RECITALS
A. The District is the owner of the certain property
as described and shown in Exhibit A attached hereto and commonly
referred to as the Cubberley Site.
B. The District and the City have entered into a
Lease and Covenant Not to Develop dated September i,1989
whereby the District leased to the City the Cubberley Site.
C. The District is the legal owner of certain
property as shown in Exhibit B attached hereto and commonly
referred to as the Terman Site.
D. In 1981, the District entered into a Lease to
Purchase Agreement (the "Terman Lease Purchase Agreement") with
the City whereby the City leased the Terman Site, including both
the New Terman School Site and the adjacent Terman Park, from
the District for 20 years with the right to acquire the Terman
Site on November i, 2000. The City exercised its option under
the lease in a timely fashion, but with the consent of City, the
District has not yet delivered title to the Terman Site to the
City, and the City has remained in possession of the Terman
Site.
E. The District has determined that in order to
provide a quality education experience the desired range of
schoo! size for middle schools is 600 to 900 students. The
District currently operates two middle schools, one of which has
an enrollment of 1,076 students and the other of which has an
enrollment of I, 179 students. In order to ensure that middle
schoo! students in the District receive the best education
possible, the District has determined that it is necessary to
open a third middle school in order to reduce the enrollments at
the middle schools to the range of 600 to 900 students.
F. The District has conducted an extensive search
for a site of the new middle school. Based on the residences of
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the current middle schoo! population, the District has
determined that a portion of the Terman Site, as shown in
Exhibit C attached hereto and incorporated herein ("the New
Terman School Site") is the most appropriate location for the
middle school.
G. In order to permit the District to reopen a
middle school at the New Terman School Site the City has agreed~
to exchange its right to acquire the New Terman School Site for
a fee interest in a portion of the Cubberley School Site which
portion is Of equa! size to the New Terman School Site.
H. The City, with the consent of the District, and
the Albert L. Schultz Jewish Community Center ("the JCC")
entered into a sublease for a portion of the New Terman School
Site ("the JCC Sublease") in 1982. The JCC Sublease has not
expired. Under the terms of a Lease Termination and Mutual
Release Agreement approved by the City Council on September i0,
2001 between the City and the JCC and a separate Settlement and
Relocation Agreement between the D±strict and the JCC, the
sublease between the City and the JCC will continue in effect
after transfer of title to the New Terman School Site.
I. The City and the District recognize and
acknowledge that if the parties did not enter into this
Agreement, andthe parties and the JCC had not entered into the
Lease Termination and Mutua! Release Agreement and the
Settlement and Relocation Agreement, the District would consider
instituting eminent domain action to acquire the New Terman
School Si~e and there would likely be opposition to such eminent
domain action.
NOW, THEREFORE, for good and valuable consideration,
the City and the District agree as follow:
I.Terman Site
The Terman Lease currently provides that upon
expiration of the Lease Term, which expiration occurred on
November 9, 2000, the District was to have conveyed to the City
fee title to the "Terman Site". Due to the District’s
determination that a portion of the Terman Site, namely the New
Terman School Site, is the most appropriate place to open a
middle school that is needed to serve the community, the City
and the District hereby agree to amend the Terman Lease as
fol!ows:
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(a) The Term of the Terman Lease is hereby extended
to September I, 2002.
(b)The City shall make no further rental payments.
(c)Notwithstanding anything to the contrary in the
Terman Lease, the District agrees that on or before September I,
2002, the District shall convey to the City by grant deed fee
title to that portion of the Terman Site identified in Exhibit D
attached hereto and incorporated herein as Terman Park, subject
to those exceptions shown on the Preliminary Report attached
hereto as Exhibit E. The City shal! chose the escrow company
and title company to be used and shall pay all costs of escrow
and title insurance; the District shal! sign and deliver a grant
deed and such other documents as are reasonably required to
close escrow within thirty days after they are presented to
District for signature.
(d) Notwithstanding anything to the contrary in the
Terman Lease, the City agrees that on or before September I,
2002, the City shall execute a quitclaim deed or such other
document as the District may request relinquishing any leasehold
rights or rights of ownership the City has to the New Terman
School Site, as shown in Exhibit C.
(e) The City and the District agree to execute and
record in the Official Records of the County of Santa Clara a
termination of lease terminating the Terman Lease effective as
of September I, 2002.
(f) The City shall convey its interest in the New
Terman School Site subject to the sublease to the JCC.
(g) The City and the District shall enter into a
joint use agreement regarding Terman Site in substantially the
form attached hereto as Exhibit F.
2.Cubberley Property
(a)The District in consideration for the City
relinquishing control of the New Terman School Site hereby
agrees to convey fee title by way of a grant deed a portion of
the Cubberley Site ("Cubberiey Conveyance Property") as set
forth in Exhibit G attached hereto and incorporated herein
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simultaneously with City’s relinquishments of its rights to the
New Terman School Site subject to those exceptions shown on the
Preliminary Report attached hereto as Exhibit H. The City shal!
~chose the escrow company and title company to be used and.shall
pay all costs of escrow and title insurance; the District shall
sign and deliver a grant deed and such other documents as are
reasonably required to close escrow within thirty days after
they are presented to District for signature.
(b) Prior to the conveyance of the Cubberley
Conveyance Property, the City and the District will agree on the
legal description and surveyor’s map describing the Cubberley
Conveyance Property, which legal description and map shall
generall~ conform to the property lines set forth in Exhibit G.
At the time the Cubberley Conveyance Property is conveyed to the
City, the City and the District shal! execute the Amendment No.
2 to Lease and Covenant Not to Develop attached hereto and
incorpora[ed herein as Exhibit I.
3.District Right to Acquire
If the City wishes to sell its fee interest in
the Cubberley Conveyance Property any time prior to September I,
2022, the City shall give written notice of such intention to
the District. The District shall have the option to acquire the
Cubberley Conveyance Property for fair market value. If the
City and the District are unable to agree on fair market value,
the purchase price for the Cubberley Conveyance Property shall
be determined as follows: The fair market value of the property
shall be determined by a state-certified appraiser acceptable to
City and District with the cost of the appraisal tobe~ shared by
City and District equally. Should City and PAUSD not agree upon
a State certified designated appraiser, one shal! be appointed
by the presiding judge of the Superior Court of Santa Clara
County. The district must provide the City with written notice
of its intent to acquire the Cubberley Conveyance Property
within ninety (90) days of receiving notice from the City of its
intent to sel! the Cubberley Conveyance Property.
4.City Right to Acquire
If the District wishes to sell its fee interest
in the New Terman School Site any time prior to September I,
2022, the District shall give written notice of such intention
to the City. The City shall have the option to acquire the New
Terman Schoo! Site for fair market value. If the District and
the City are unable to agree on fair market value, the purchase
O1 i205 syn 0090986
price for the District Portion of the Terman Site shall be
determined as follows: The fair market value of the property
shall be determined by a state-certified appraiser acceptable to
City and District with the cost of the appraisal to be shared by
City and District equally. Should City and PAUSD not agree upon
a State certified appraiser, one shall be appointed by the
presiding judge of the Superior. Court of Santa Clara County. The
City must provide the District with written notice of its intent
to acquire the New Terman School Site within ninety (90) days of
receiving notice from the District City of its intent to sell
the new Terman School Site.
5.Settlement of Potential Litigation
The City and the District acknowledge that this
Agreement is being entered into in order to settle potential
litigation regarding the possession of the New Terman School
Site. The Parties agree that no part of this Agreement will be
admissible as evidence in a court of law in the event the
District institutes eminent domain actions to acquire possession
of the New Terman School Site and that this Settlement Agreement
shall be subject to the applicable California Evidence Code
Section related to the inadmissibility of settlement
discussions.
6.Mutual Release
Upon performance of the parties’ obligations
under this Agreemen<, and in consideration for the conveyance of
the Cubberley Conveyance Property, and other consideration set
forth herein, the City hereby releases "and forever discharges,
on behalf of the City, and its successors, assigns, heirs,
executors and administrators, the District and its board
members, officers, directors, emp!oyees, agents, contractors and
affiliates from any and all demands, claims or causes of action
against the District, including without limitation all claims,
demands or causes of action arising out of or pertaining to any
occurrence, event, circumstances or matter of any kind or nature
arising out of, directly or indirectly, the acquisition of the
New Terman School Site by the District, including, but not
limited,to any claims for compensation for leasehold value,
fixtures and equipment, loss of business goodwil!, severance
damages,interest, litigation expenses, attorneys’ fees and
costs (including, but not limited to, costs incurred to
negotiate this Agreement), loss or damages for inverse
condemnation, unreasonable precondemnation delay,unreasonable
precondemnation activities and statutory relocation benefits.
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5
Upon performance of the parties’ obligations under this
Agreement, and in consideration for the City relinquishing its
rights to the New Terman School Site and other consideration
herein set forth, the District hereby releases and forever
discharges, on behalf of the District, its successors, assigns,
heirs, executors and administrators, the City and its council
members, officers, directors, employees, agents, c~ntractors and
affiliates from any and al! demands, claims or causes of action
against the City relating to the City’s occupancy of the New
Terman School Site including attorneys’ fees and costs
(including costs to negotiate this Agreement).
In giving this release, the City and the District
expressly waive the protection of Civil Code Section 1542, which
statute provides as follows:
"A general release does not extend to claims
which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by
him must have materially affected his settlement with debtor."
District City
7.Headings
The title and headings of the various Section of
this Agreement are intended for means of reference and are not
intended to place any construction on the provisions of this
Agreement.
8.Invalidity
If any provisions of this Agreement shall be
invalid or unenforceable, the remaining provisions shall not be
affected thereby, and every provision of this Agreement shall be
valid and enforceable to the fullest extent permitted by law.
9.Entire Agreement
The terms of this Agreement are intended by the
Parties as a final expression of their agreement and may not be
contradicted by evidence of any prior or contemporaneous
agreement. No provision of this Agreement may be amended except
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by an agreement in writing signed by the Parties hereto or their
respective successors in interest. The Parties were represented
by attorneys with regard to the drafting of this Agreement, and
neither party shall be deemed to
Agreement.
i0.
be the drafter of this
Successors
This Agreement shal! be binding upon and inure to
the benefit of the heirs, executors, administrators, successors
and assigns of the Parties hereto.
ii.Governing Law
This Agreement shall be governed by the laws of
the State of California.
12.Execution
This Agreement may be executed in multiple
counterpart originals.
13. Attorneys’ Fees
In the event of a breach of this Agreement, the
non-breaching party shall recovery all attorneys’ fees and
litigation expenses incurred as a result of such breach and/or
to enforce this Agreement, including without limitation costs of
appeal.
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IN WITNESS WHEREOF, the Parties have executed this
Agreement on or as of the date first above written.
ATTEST:CITY OF PALO ALTO, Lessee
City Clerk Mayor
APPROVED AS TO FORM:PALO ALTO UNIFIED SCHOOL
DISTRICT, Lessor
Senior Asst. City Attorney President, Board of Education
APPROVED:APPROVED:
City Manager
EXHIBITS:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
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Superintendent of Schools
Legal Description and Map of entire
Cubberley Site
Map of the Terman Site, (including both New
Terman School Site and Terman Park, both of
which are identified on Exhibit B.)
Map of New Terman School Site,(which City
will quitclaim to District.)
Map of Terman Park
Preliminary Report on Terman Park
Joint Use Agreement for Terman Site
Map of Cubberley Conveyance Property
Preliminary Report on Cubberley Conveyance
Property
Amendment No. 2 to Lease and Covenant Not to
Deve!op
8
~U~SELL~Y TE
Legal Description
EXHIBIT A
Beginning at a point on the Southwesterly line of Middlefield Road at the
most Northerly corner of that certain parcel of land conveyed by Ralph
Grebmeier, etux, to Roll Grebmeier, a married man, by Deed dated August 14,
1954 and recorded October 15, 1954 in Book 2983 of Official Records, Page
211; thence leaving said line of Middlefield Road and running along the
Northwesterly line of said Grebmeier parcel, South 57" 42’ 46" West 221.83
.feet; thence leaving said Northwesterly line of said Grebmeier parcel and
r~nning North 32" 04’ 46" East 200.00 feet to a point on the Southwesterly
line of Middlefield Road; thence along said line of Middlefield Road, South
57° 55’ 14" East 95.97 feet to the point of beginning and being a portion of
the Rancho Rincon de San Francisquito.
PARCEL____~2
Beginning at the most Southerly corner of Lot iI in Block i, as shown on ~h~
Map of Tract 1310, Greenmeadow, which Map was filed for record in the office
of the Recorder of the County of Santa clara, State of California on July 7,
1954 in Book 50 of Maps, Pages 50 and 51; thence along Southwesterly line of
said Lot II, North 33" 33’ 18" West 40.00 feet; thence along a Southeasterly
line of Lots ll and 12, block i, as shown o~ the Map hereinabove referred to,
South 56" 26’ 42" West 50.00 feet; thence along a Northeasterly line of said
Lot 12, South 33’ 33’ 18" East 40.00 feet; thence along the Northeasterly
prolongation of the most Southerly line of said Lot 12, North 56’ 26’ 42~~-..~..~
East 50.00 feet to .the point of beginning, and being a portion of the Sant~i ....
Riza Rancho.
PARCEL 3
Beginning at a point on the Northwesterly line of that certain parcel of land
conveyed by Ralph Grebmeier, etux, to Roll Grebmeier, a married man by Deed
dated August 14, 19S4 and recorded October 15, 1954 in Book 2983 of Officia!
Records, Page 2~1, distant thereon, South 57" 42’ 46" West 221.83 fee~ from
the point of intersection of said-Northwesterly line with the Southwesterly
line of Middlefield Road; thence along the Northwesterly line of said
Grebmeier parcel, South 57" 42’ 46" West 2~1.83 feet to the most Westerly
corner thereof; thence along the Southwesterly llne of said Grebmeier parcel
and parallel with said line of Middlefield Road, South 57" 55’ 14" East 95.97
feet; thence leaving the Southwesterly line of said Grebmeler.parcel and
running North 32" 04’ 46" East 200.00 feet to the point of beginning and
being a portion of the Rancho Rincon de San Francisquito.
Excepting therefrom a portion of Parcel I and Parcel 3 described as follows:
Beginning at the most Southerly corner of the above described Parcel
thence North 57" 55’ 14" West 95.97. feet; thence South 57’ 42’ 46" West.17.41
feet; thence North 32" 04’ 46" East 53.19 feet; thence South 57’ 55’ 14" Eas
I0~.50 feet; thence South B2’ 04, 46" West ~7.50 feet to the point
beginning.
Containing 0,0905 acres.2
Exhibit A
EXHIBIT B
EXHIBIT C
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EXHIBIT D
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~NORTH
AMERICAN~TITLE
COMPANY
DIRECT ALL INQUIRES TO:
Escrow Officer: DEBORAH MINARIK
Telephone No. 650-917-5699
Our No.: 50370029
February 8, 2000
CITY OF PALO ALTO
250 HAMILTON AVENUE
PALO ALTO, CALIFORNIA 94301
ATTN: ELAINA CHAN
Exhibit E
PROPERTY ADDRESS
NO SITUS GIVEN
Preliminary Report
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,
North American Title Company, Inc.
HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A
POLICY OR POLICIES OF TITLE INSURANCE, DESCRIBING THE LAND AND THE ESTATE OR INTEREST
HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY
DEFECT, LIEN, OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT
EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF
SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLI.CY OR POLICIES ARE SET
FORTH ON THE ATTACHED COVER, COPIES OF THE POLICY FORMS SHOULD BE READ, THEY ARE AVAILABLE
FROM THE OFFICE WHICH ISSUED THIS REPORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS
SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO
PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE
INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO
THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE
TO THE LAND.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF
FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF
ITIS DESIRED THAT LIABILITY BE ASSUMEDPRIOR TO THE ISSUANCEOF POLICY TITLE INSURANCE,A BINDER
OR COMMITMENT SHOULD BE REQUESTED.
Dated as of JANUARY 28, 2000
at 7:30 A.M.
DONNA HARNDEN
Title Officer
419 S. SAN ANTONIO ROAD #106, LOS ALTOS, CA 94022 (650)917-5699 FAX (650)917-8607
The form of policy of title insurance contemplated by this report is:
ALTA Loan Policy - Form 1 (10-17-92) and/or CLTA Standard Coverage Policy - 1990
The estate or interest in the land hereinafter described or referred to covered by this report
is:
A FEE
Title to said estate or interest at the date hereof is vested in:
PALO ALTO UNIFIED SCHOOL DISTRICT
Page 2 of 8
Order No. 50370029
Description: The land referred to herein is situated in the State of California, County of
SANTA CLARA, CITY OF PALO ALTO, and is described as follows:
PARCELS A AND C AS SHOWN ON PARCEL MAP FILED 12/5/83 IN BOOK 521 OF MAPS
AT PAGES 52 AND 53; AND
PARCEL 1 AS SHOWN ON PARCEL MAP FILED 7/13/83 IN BOOK 514 OF MAPS AT
PAGES 49 AND 50.
ASSESSOR’S PARCEL NO.: 167-05-003, 028, 030, 031
Page 3 of 8
Order No. 50370029
At the date hereof exceptions to coverage in addition to the printed exceptions and
exclusions contained in said policy form would be as follows:
0
The lien of supplemental taxes, if any, assessed pursuant ~to the provisions of
Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the
State of California.
A)
B)
Any adverse claim based upon the assertion that:
Some portion of said land has been created by artificial means, or has
accreted to such portion so created
Some portion of said land has been brought within the boundaries thereof by
an avulsive movement of ADOBE CREEK, or has been formed by accretion to
any such portion.
Said matter affects:PARCEL C
An easement affecting the portion of said land and for the purpose stated herein,
and incidental purposes.
In favor of:
No representation is made as to
For:
Recorded:
Book:
Page:
Affects:
CITY OF PALO ALTO
the present ownership of said easement.
PEDESTRIAN AND BICYCLE RIGHT OF WAY,
PUBLIC UTILITIES
OCTOBER 17,1974
B135
351
SOUTHEAST CORNER OF PARCEL C, AS SHOWN
ON MAP
Page 4 of 8
Order No. 50370029
An easement affecting the portion of said land and for the purpose stated herein,
and incidental purposes.
In favor of:CITY OF PALO ALTO
No representation is made as to
For:
Recorded:
Book:
Page:
Affects:
the present ownership of said easement.
RIGHT OF WAY FOR BICYCLE,PEDESTRIAN AND
PUBLIC UTILITY
MAY 9, 1975
B402
297
SOUTHEAST CORNER OF PARCEL C, AS SHOWN
ON MAP
A Lease executed by and between the parties named herein, for the term and upon
the terms, covenants and conditions therein provided.
Type of Lease:
Dated:
Lessor:
Lessee:
Term:
Recorded:
Instrument No.:
Book:
Page:
MASTER LEASE
NOVEMBER 1, 1981
PALO ALTO UNIFIED SCHOOL DISTRICT
CITY OF PALO ALTO
JANUARY 12, 1982- NOVEMBER 9, 2000
JANUARY 12,1982
7257350
G549
536
Among other things, said Lease provides for:
OPTION TO PURCHASE
The present ownership of the Leasehold created by said Lease and other matters
affecting the interest of the Lessee are not shown herein.
An easement affecting the portion of said land and for the purposes stated herein,
and incidental purposes, shown or dedicated by the map of:
Subdivision:
Book:
Page:
For:
Affects:
PARCEL MAP
514M
49-50
EMERGENCY ACCESS ROAD EASEMENT &
EASEMENT FOR STREET PURPOSES
PORTION OF PARCEL 1, AS SHOWN ON MAP
Page 5 of 8
Order No. 50370029
o An easement affecting the portion of said land and for the purposes stated herein,
and incidental purposes, shown or dedicated by the map of:
Subdivision:
Book:
Page:
For:
Affects:
PARCEL MAP
521 M
52-53
COMMON ACCESS ROAD AND COMMON AREAS
PORTION OF PARCEL A, AS SHOWN ON MAP
....T..he-u4~recerded _ease b;, and between *.he parties named here!n, for they ._._. _..5/
upon the Terms, Covenants and Conditions therein provided:
Disclosed by:MEMORANDUM OF LEASE
Type of Lease:SUB LEASE
Dated:JULY 1, 1982
Lessor:CITY OF PALO ALTO,~H~4UNICIPAL
CORPORATION ~ ..............
Lessee:UNITED JEWI~4~COMMUNITY CENTERS, A NON-
PROFIT C~PORATION
Term:NON/E/SHOWN ....
Recorded:/.DEdC:EMB_ER 19, 1983
Instrument No.:~ 7922983
Book:~1160
Page:1 1 1
The p
~ the interest of the Less_e~_ar_e_.no.t shown herein.
Said ,mattcr cffccts: PARCEL I
o REQUIRE RESOLUTION OF BOARD OF TRUSTEES OF SCHOOL DISTRICT
AUTHORIZING THIS TRANSACTION.
END OF EXCEPTIONS
Page 6 of 8
Order No. 50370029
o j
OEI3dI’dEI..LS’ffEI’d ......
D
EXHIBIT F
AGREEMENT FOR
JOINT USE OF TERMAN SITE
This AGREEMENT FOR JOINT USE OF TERMAN SITE, entered
into this day of , 2001, by and between City
of Palo Alto and Palo Alto Unified Schoo! District, hereinafter
referred to as "City" and "School District".
RECITALS
!. The City and School District have entered into a
property exchange agreement in which the City obtains fee title
to approximately eight (8) acres of land at the Cubberley
Community Center and the School District obtains fee title to an
equivalent area at the Terman Site. At the Terman Site, the
City wil! own a dedicated public park, Terman Park, which
includes playing fields and tennis courts. The School District
will own the Terman Middle School, developed with school
buildings, including a gymnasium, a parking lot, and a swimming
pool. A map showing the Terman Site, Terman Park, and the
Terman Middle Schoo! is attached as Exhibit A. As part of the
land exchange agreement, the City and the School District have
agreed to enter into this joint ~use agreement for the Terman
Site. The purpose of the agreement is to cooperatively use the
Terman Site so that both educational and community services can
be provided to those living in the City and the School District.
2. The City and the School District also have power
to assist each other under Education Code Sections 17051(a) and
35275 and Government Code Section 6500 et seq. of the State of
California, which authorize and empower public school districts
and municipalities to cooperate with each other and to that end
enter into agreements with each other for the purpose of
organizing, promoting and conducting such programs of community
recreation and education for children and adults of the state.
3. The School District has need of the Terman Park
playing fields for its middle school, and the City has need of a
portion of the Terman Middle School buildings for its library
and related activities. Both City and School District wish to
have the City provide recreational programs for middle school
children and others that will make use of both the Park and the
Middle School. Terman Park is a dedicated park and use of the
Park by the School District must be consistent with that
designation; Terman Middle School will be a public school
011206 syn 0090.910
facility, and its use as a middle school wil! have priority over
all other uses.
NOW, THEREFORE, the City and School District mutually
covenant and agree with each other as fol!ows:
A.Principles
I. The City and School District shall cooperate in
the use of the Terman Site.
2. The City shall control use of the Terman Park and
the School District shall control use of the Terman Middle
School, in a manner that is consistent with this Joint Use
Agreement.
B.Joint Use of the Terman Site.
i. The School District shall make Terman Middle
School facilities and equipment available to the City as
described in Attachment i. The School District shall also make
such facilities and equipment available upon application of the
City provided that their use for City purposes does not
interfere with the Schoo! District’s use of such facilities and
equipment for Terman Middle School or constitute a violation of
provisions of the California Education or Government Codes. No
charges shall be made for such use other than those specifically
described in this Agreement.
2. The City shall make Terman Park facilities
available to the School District as described in Attachment 2.
The City shall also make such facilities and equipment available
upon application of the School District, provided that their use
for School District purposes does not interfere with the use of
the faci~lities or equipment by the City in connection with its
stated purposes or with City Charter provisions and ordinances
regulating the use of dedicated park land. No charges shall be
made for such use other than those specifically described in
this Agreement.
3. The City Manager and the Superintendent of
Schools do hereby delegate the responsibility for establishing
schedules for facilities and equipment use to the City Director
of Community Services and the School District Business Manager.
4. Each party using facilities or equipment owned by
the other pursuant to this agreement shal! furnish qualified
personnel for the proper conduct and supervision of the use.
2
O11206 syn 0090910
5.The party using facilities or equipment of the
other under this agreement shall repair, or cause to be
repaired, or wil! reimburse the owner for the actual cost of
repairing damage done to the facilities or equipment during the
period of such use, excluding damage attributed to ordinary wear
and tear.
C. Scheduling and Supervision
I. Subject to the limitations in Section A above and
to the specific commitments set forth in Attachment I, in
scheduling the use of Terman Middle Schoo!, Terman Middle Schoo!
events and programs shal! have first priority and City
recreation programs and City co-sponsored programs shal! have
second priority. In cases of emergencies ~or errors in
scheduling, the Terman Middle Schoo! events and programs shall
have first priority for use. Every reasonable attempt will be
made to avoid such conflict. City activities shall not be
scheduled on Terman Middle School facilities between the hours
of seven thirty a.m. and three-thirty p.m. on days when school
is in session without the permission of the school principal.
2. Subject to the limitations in Section A above and
to the specific commitments set forth in Attachment 2 below, in
scheduling the use of Terman Park, City recreation programs and
City co-sponsored programs shall have first priority. Terman
Middle School events and programs shall have second priority.
In cases of emergencies or errors in scheduling, the City
programs and events shall have first priority for use. Every
reasonable attempt will be made to avoid such conflict. School
activities shall not be scheduled before seven thirty a.m. or
after three-thirty p.m.
3. The City will have a responsible adult
representative present at all times at any City event held on
the Terman Middle School. That representative may be a
volunteer or a paid City employee responsible to see that School
District rules and regulations are observed and complied with
and that the facilities and grounds are returned to existing
condition upon completion of the activity. The City will have a
City employee on cal! at all times that a City-sponsored or
scheduled activity is occurring in the Terman Middle School in
order to ~respond and investigate any questions or improper
action at such activities and events.
4. The School District will have a responsible adult
representative present at al! times at a Schoo! District
O11206 syn 0090910
activity or event is held in Terman Park. That representative
may be a volunteer or a paid School District employee
responsible to see that City rules and regulations are observed
and complied with and that the facilities and grounds are
returned to existing condition upon completion of the activity.
The School District will have a School District employee on call
at all times that a School District-sponsored or scheduled
activity is occurring in Terman Park in order to respond and
investigate any questions or improper action at such activities
and events.
5. The City and School District shall submit to each
other written use requests in advance. Requests for advance
scheduling shall be submitted annually according to the
following .schedule:
July ist for the School Year
February Ist for thesummer months
The Terman Site Joint Use Committee shall approve a
master calendar for each of these periods within thirty (30)
days of the submittal of the requests for advance scheduling.
Each schedule will be arranged so as to avoid any conflict
between the School District’s and City’s uses of the facilities
and equipment. The City or the School District shall not
schedule other uses until first and second priorities are set as
prescribed herein.
D.Maintenance of Terman Site Facilities.
i. Basic Standard. Facilities jointly used shall be
adequately maintained to insure appropriate and safe use,
appearance and longevity.
2. Basic Responsibility. Except as may otherwise be
specified herein, the responsibility for maintenance, repair and
renovation of facilities shal! be the .responsibility of the
owner of the rea! property on which the facility is situated.
E.Maintenance of Athletic Fields.
i.Turf Areas and Tennis Courts on Terman Site.
a. The City will continue its existing
maintenance program for turf areas of the Terman Site. These
areas are shown on Attachment 3. Pursuant to that Master
011206 syn 0090910
Maintenance Agreement, the City will mow, trim, fertilize and
irrigate and perform other maintenance work of a general nature
at the fields at the frequencies and times in accordance with
the field maintenance standards adopted by the City. The Schoo!
District will pay one half of the City’s actual cost to maintain
the fields.
b. The City wil! also maintain the drainage and
irrigation systems of the fields under the terms and conditions
described in the Master Maintenance Agreement between the City
and the District. If these systems need repair or replacement,
the City will consult with the School District on the scope of
work and estimated cost to perform it, and the School District
shall confirm its approva! of the scope of work. The Schoo!
District shall pay one half of the City’s actual costs for such
approved repair or replacement work.
c. The City will continue its existing
maintenance program for tennis courts in Terman Park. The City
will wash and air blow the surfaces of the courts, repair and/or
replace, as reasonably necessary, the tennis nets and screens,
and perform other maintenance work of a general nature at the
frequencies and times in accordance with the maintenance
standards adopted by the City. The City will also resurface and
restripe the courts. Such resurfacing and restriping will be
scheduled to match the City’s existing tennis court resurfacing
program at an approximate five year. interval for such work. The
Schoo! District shal! pay one half of the City’s actual cost of
maintaining and resurfacing the courts.
d. Money owed by the School District to the
City under this Agreement will first be credited against any
monthly lease payments due and payable by the City under its
lease agreement with the District entitled "Lease and Covenant
Not to Develop," as amended from time to time. If the sums owed
under this agreement exceed those payments, the City shall bill
the School District and the School District shall pay the City
within forty-five days after receipt of its invoice.
2. Custodial Services. The School District shall
provide all custodial services for the Terman Middle School. If
the Terman Middle School is used by the City at a time when
custodial staff is not regularly on duty, or when a custodian is
required to open a facility, the City shall pay the cost of the
custodial time to the School. Alternatively, the City may
arrange with the Schoo! District to open and c!ose a facility
itself.
O11206 syn 0090910
F.Library Facilities.
City will continue its existing library a£ the Terman
Middle School until such time as the District gives it notice
that all or a portion of those facilities are needed for
district purposes. Upon six months written notice that all or a
portion of the facilities are needed for district purposes, the
City shall vacate the identified portions of the premises.
G.Restrooms at Terman Middle School.
i. The restroom facilities located at Terman Middle
School shall be available for public use while City programs are
scheduled at either Terman Middle School or Terman Park, and
while the Terman Library is open to the public. They shall also
be available to library staff during their working hours.
2. The School District shall perform custodial
maintenance of the restrooms on a daily basis when its
custodians are on duty. On days when its custodians are not on
duty, the School district shall make arrangements in advance, as
part of the scheduling agreements, to provide supplies to the
City on site so that is may restock the restrooms on those days.
H. Establishment of City and School District Joint Use
Committee.
The City Manager and the Superintendent shall each
designate two staff members to the Terman Joint Use Committee
which is hereby established. The. Committee shall meet at least
three times a year, but may meet additional times each year as
necessary to administer this agreement. The Committee shall be
responsible for administering this joint use agreement.
I.Term of Aqreement.
This agreement shall commence upon the date first
entered above and shal! end upon termination of the Cubberley
Lease between the City and the School District unless otherwise
terminated by consent of the parties.
J.Indemnification.
The City shall investigate, defend and indemnify the
School District from any and all claims, demands, actions or
damages arising out of the City’s use of Schoo! District
Facilities to which the School District may be subjected as a
direct consequence of this agreement except for those claims,
O11206 syn 0090910
demands, actions or damages resulting solely from the negligence
of the School District, its officers, agents and employees.
The School District shall investigate, defend and
indemnify the City from any and all claims, demands, actions or
damages arising out of the School District’s use ~f City
Facilities to which the City may be ~ubjected as a direct
consequence of this agreement except for those claims, demands,
actions or damages resulting solely from the negligence of the
City, its officers, agents and emp!oyees.
K. Complete Understanding and Amendments.
This agreement and the attached exhibits set forth the
complete agreement and understanding of the parties;any
modification must be in writing executed by both parties.
L.Notices.
If at any time after the execution of this agreement,
it shall become necessary or convenient for one of the parties
hereto to serve any notice, demand or communication upon the
other party, such notice, demand or communication shall be in
writing and shall be served personally or by depositing the same
in the United States mail, return receipt requested, first class
postage prepaid and (I) if intended for City shall be addressed
to:
City Clerk
City of Palo Alto
p.O. Box 10250
Palo Alto, CA 94301
with a copy to:Director of Community Services
Department
P.O. Box 10250
Palo Alto, CA 94301
and (2) if intended for PALO ALTO UNIFIED SCHOOL SCHOOL DISTRICT
shal! be addressed to:
Palo Alto Unified School District
25 Churchill Avenue
Palo Alto, CA 94306
011206 syn 0090910
or to such other address as either party may have furnished to the
other in writing as a place for the service of notice. Any notice
so mailed shal! be deemed to have been given as of the time the
same is deposited in the United States mail.
IN WITNESS WHEREOF, the parties have executed this
agreement on the date and year first above written.
CITY OF PALO ALTO
A municipal corporation
PALO ALTO UNIFIED
SCHOOL DISTRICT
Frank Benest
City Manager
Robert Golton
Acting Superintendent
ATTEST:
City Clerk
APPROVED AS TO FORM:
Ariel Pierre Calonne, City Attorney
By.
APPROVED AS TO CONTENT:
Paul Thiltgen, Parks and Recreation Director
By
011206 syn 0090910
8
ATTACHMENT 1
CITY USE OF TERMANMIDDLE SCHOOL
ATTACHMENT°I
The JCC shall have priority over the City for use of the pool
and the gymnasium for its programs year round until it relocates
to its permanent facilities or until August 31, 2009, whichever
is earlier.Al! exceptions to this can be found in
Attachment IA.
The C±ty’s use of the Terman site following August 2003 will
include:
i.Swimming Pool
a.School year- After school, evening and weekends for
instructional programs and lap swimming.
b.Summer- Seven-day and night uses for instructional
programs, recreational swimming and. lap swimming.
2.Gymnasium
a. School Year- After school for middle school
athletics, youth and teen programs evenings;
Weeknights for youth and adult programs; Weekend and
night use for youth, teen and adult programs.
b.Summer- Seven-day and night uses for youth, teen and
adult programming.
3.Library Wing
Use of that wing as a neighborhood library subject to
section F of this agreement.This use may be
converted to City/School joint library services at
some time in the future.
O11206 syn 0090910
ATTACHMENT IA
of P ]oA!to
Polo Alto, CA 94306
tlm "rermen. ~ym. Sl~ould the City change i~s p.r~emmu~ ~UVlt~e~
Gym, and, whe~vw possibl~ ¢ollabo~ wa~ the JGC
~’st by ~ ~CC. The City ~au sch~ul~ dt o~r t~m~s n~ use4 by ~he K:C
have us~ of th~ "fmus~t Gym Monday
fiw~ugh lO:~O
’L~ 0,,q h4kldkqMd
ATTACHMENT IA
Ci off-hlo A
th~’ough M,~l’¢h of:’!~tch year, 11:30 a,rll, th!’otl~ll 6:00 p m, ¢~n ~ahrrdlW~:,
ltalO Alb~ CA !4,~1
ATTACHMENT 2
SCHOOL DISTRICT USE OF TERMAN PARK
School District shall be entitled to the issuance of a City
permit under Chapter 22 of the Palo Alto Municipal Code for use
of portions of Terman Park during certain hours. School
District shall not be required to pay for such permit, and in
any case where there is a contradiction between the terms of the
permit and the terms of this Agreement, this Agreement shall
govern.
i.Terman Tennis Courts
a. Terman Middle School shall have first call on the
tennis courts between the hours of 7:30 a.m. and 3:30 p.m. on
days when Terman Middle School is in regular session.
b. School District shall pick up all litter and
leave courts in good condition at end of every day of use.
2.Terman Playfields.
a. Terman Middle School shall have first call on the
playing fields between the hours of 7:30 a.m. and 3:30 p.m. on
days when Terman Middle School is in regular session. School
District wil! not have the right to routinely exclude members of
the public from any dedicated playing field or parkland. School
District will have the right to take reasonable actions to
protect both its first cal! on the playing fields and the safety
of the students. No permanent fence or other barriers to public
access will be constructed.
b. School District shall pick up all litter and
leave fields in good condition at end of every day of use.
The public will have unrestricted access to those
portions of Terman Park not being used by the Terman Middle
School.
O11206 syn 0090910
10
EXHIBIT G
DRAFT MAP OF CUBBERLEY CONVEYANCE PROPERTY
[FINAL MAP TO BE SUBMITTED]
Exhibit G
EXIIIBIT "A.I"
EVALUATION PLaN
CUBBERLEY SCHOOL
PALO ALTO UNWIED SCHOOL DISTRICT
C~BERLm" SCHOOL
400 ~D~ RO~
NORTH
AMERICAN
)MPANY Our No.:
Customer No.:
56901-51990229-PRT
4000 Middlefield Road
City of Palo Alto
Attn: Janet Freeland
250 Hamilton Avenue
Palo Alto CA 94303
Exhibit H
Property Address:
4000 Middlefield Road
Palo Alto, California
Preliminary Report
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,
North American Title Company, Inc.
HEREBY REPORTS THAT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A
POLICY OR POLICIES OF TITLE INSURANCE, DESCRIBING THE LAND AND THE ESTATE OR INTEREST
HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY
DEFECT, LIEN, OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT
EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND
STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE
SET FORTH ON THE ATTACHED COVER, COPIES OF THE POLICY FORMS SHOULD BE READ, THEY ARE
AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND
EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY.THE EXCEPTIONS ARE MEANT TO
PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVEREDUNDER THE TERMS OF THE TITLE
INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOTA WRITTEN REPRESENTATION AS
TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS,DEFECTS, AND ENCUMBRANCES
AFFECTING TITLE TO THE LAND.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE
PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS
ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A
POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
Dated as of October 15, 2001
at 07:30 am
Pam Thompson/pu
Title Officer/Examiner
4255 Hopyard Road, Suite 1, Pleasanton, CA 94588
Phone No.: (925) 399-3000 Fax No.: (925) 399-3028
The form of policy of title insurance contemplated by this report is:
Preliminary Report Only
The estate or interest in the land hereinafter described or referred to covered by this report is:
Afee
Title to said estate or interest at the date hereof is vested in:
Palo Alto Unified School District aka Palo Alto Unified School District of Santa Clara County
Page 2
Order No.: 56901-51990229-PRT
Description:
The land referred to herein is situated in the State of California, County of Santa Clara, City of Palo
Alto, and is described as follows:
BEGINNING AT THE MOST WESTERLY CORNER OF THE PARCEL OF LAND CONTAINING 42.27
ACRES DESCRIBED IN THE DECREE QF DISTRIBUTION MADE IN THE ESTATE OF JOHN MILLER,
RECORDED OCTOBER 7, 1937 IN BOOK 849 OF OFFICIAL RECORDS. AT PAGE 61, RECORDS OF
SANTA CLARA COUNTY, CALIFORNIA; THENCE FROM SAID POINT OF BEGINNING NORTH 57° 42’
46" EAST ALONG THE NORTHWESTERLY LINE OF SAID 42.27 ACRE PARCEL 327.41 FEET TO THE
POINT OF INTERSECTION THEREOF WITH A LINE DRAWN PARALLEL WITH AND DISTANT 400
FEET, SOUTHWESTERLY AT A RIGHT ANGLE, FROM THE SOUTHWESTERLY LINE OF
MIDDLEFIELD ROAD 60 FEET IN WIDTH; THENCE SOUTH 57° 55’ 14" EAST PARALLEL WITH AND
DISTANT 400 FEET SOUTHWESTERLY AT A RIGHT ANGLE FROM SAID SOUTHWESTERLY LINE
OF MIDDLEFIELD ROAD 572.04 FEET; THENCE AT RIGHT ANGLES TO THE LAST COURSE SOUTH
320 04’ 46" WEST 373.77 FEET TO THE SOUTHWESTERLY LINE OF THE 42.27 ACRE PARCEL;
THENCE NORTH 51° 38’ 17" WEST 717.99 FEET ALONG SAID LINE TO THE POINT OF BEGINNING.
PARCEL TWO:
BEGINNING AT A POINT ON THE CENTERLINE OF MIDDLEFIELD ROAD AT THE MOST
SOUTHERLY CORNER OF TRACT 870 CHARLESTON GARDENS UNIT NO. 1 AS SHOWN ON A MAP
THEREOF WHICH WAS FILED IN BOOK 33 OF MAPS AT PAGES 26 AND 27 IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY OF SANTA CLARA; THENCE FROM SAID POINT OF
BEGINNING SOUTH 57° 42’ 46" WEST 804.35 FEET TO AN IRON PIPE ON THE NORTHEASTERLY
LINE OF LAND FORMERLY OF D.L. SLOAN; THENCE SOUTH 51° 37’ 17" EAST 224.14 FEET TO A
POST MARKED P.S. 7 AT THE MOST NORTHERLY CORNER OF LOT 11 OF THE J. J. MORRIS
REAL ESTATE CO’S SUBDIVISION OF THE LOUOKS TRACT, A MAP OF WHICH IS OF RECORD IN
THE OFFICE OF THE COUNTY RECORDER OF THE SANTA CLARA, STATE OF CALIFORNIA, IN
BOOK "L" OF MAPS, PAGE 35 RECORDS OF SANTA CLARA; THENCE ALONG THE NORTHERLY
LINE OF LOTS 10 AND 11 OF SAID SUBDIVISION SOUTH 38° 23’ 31" WEST 657.32 FEET TO A
POINT WHICH IS DISTANT ALONG THE NORTHERLY LINE OF LOTS 9 AND 10 OF SAID
SUBDIVISION NORTH 38° 23’ 31" EAST 520.00 FEET FROM THE MOST EASTERLY CORNER OF
LOT 6 OF SAID SUBDIVISION; THENCE PARALLEL WITH AND DISTANT NORTHEASTERLY 520
FEET FROM THE NORTHEASTERLY LIEN OF LOTS 4, 5 AND 6 NORTH 51° 36’ 25" WEST 941.59
FEET TO A POINT WHICH IS DISTANT NORTHEASTERLY, MEASURED AT RIGHT ANGLES, 260
FEET FROM THE NORTHEASTERLY, BANK OF ADOBE CREEK; THENCE PARALLEL WITH AND
DISTANT NORTH EASTERLY 260 FEET FROM SAID CREEK NORTH 14° 12’ WEST 501.67 FEET TO
A POINT WHICH IS DISTANT 657 FEET SOUTHEASTERLY MEASURED AT RIGHT ANGLES FROM
THE CENTERLINE OF CHARLESTON ROAD; THENCE PARALLEL WITH AND DISTANT 657 FEET
SOUTHEASTERLY FROM THE CENTER LINEOF CHARLESTON ROAD NORTH 56° 26’ 42" EAST
340.00 FEET TO A POINT ON THE CENTERLINE OF A 10 FOOT EASEMENT GRANTED TO THE
PACIFIC GAS & ELECTRIC COMPANY BY DEED DATED NOVEMBER 21, 1935 AND RECORDED
DECEMBER 11, 1935 IN BOOK 748 OF OFFICIAL RECORDS, PAGE 487; THENCE NORTH 43° 26’
42" EAST 170.00 FEET TO A POINT WHICH BEARS SOUTH 57° 55’ 14" EAST 70.00 FEET; SOUTH32°
04’ 46" WEST 235.00 FEET AND SOUTH 56° 26’ 42" WEST 265.00 FEET FROM A POINT ON THE
CENTERLINE OF MIDDLEFIELD ROAD AT THE MOST WESTERLY CORNER OF THE ABOVE
MENTIONED CHARLESTON GARDENS UNIT NO. 1; THENCE NORTH 56° 26’ 42" EAST 265.00 FEET;
THENCE NORTH 320 04’ 46" EAST 235.00 FEET TO THE CENTERLINE OF MIDDLEFIELD ROAD;
THENCE ALONG THE CENTERLINE OF MIDDLEFIELD ROAD SOUTH 52° 55’ 14" EAST 1212.79
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION CONVEYED TO ROLF GRABMEIER BY DEED
RECORDED APRIL 8, 1955, 3138-82
PARCELTHREE:
Page 3
Order No.: 56901-51990229-PRT
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND
CONVEYED BY RALPH GROBMEIER, ET UX, TO ROLF GROBMEIER, A MARRIED MAN BY DEED
DATED AUGUST 14, 1954 AND RECORDED OCTOBER 15, 1954 IN BOOK 2983 OF OFFICIAL
RECORDS, PAGE 21 !, DISTANT THEREON, S. 57 DEG. 42’ 46" W. 221.83 FEET, FROM THE POINT
OF INTERSECTION OF SAID NORTHWESTERLY LINE WITH THE SOUTHWESTERLY LINE OF
MIDDLEFIELD ROAD; THENCE ALONG THE NORTHWESTERLY LINE OF SAID GROBMEIER
PARCEL, S. 57 DEG. 42’ 46" W. 221.83 FEET TO THE MOST WESTERLY CORNER THEREOF;
THENCE ALONG THE SOUTHWESTERLY LINE OF SAID GROBMEIER PARCEL AND PARALLEL
WITH SAID LINE OF MIDDLEFIELD ROAD, S. 57 DEG. 55’ 14" E. 95.97 FEET; THENCE LEAVING THE
SOUTHWESTERLY LINE OF SAID GROBMEIER PARCEL AND RUNNING, N. 32 DEG. 04’ 46" E.
200.00 FEET TO THE POINT OF BEGINNING AND BEING A PORTION OF THE RANCHO RINCONDE
SAN FRANCISQUITO.
F~ARCEL FOUR:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 11 IN BLOCK 1, AS SHOWN ON THE
MAP OF TRACT 1310, GREENMEADOW, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE
OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON JULY 7,
1954, IN BOOK 50 OF MAPS, PAGES 50 AND 51; THENCE ALONG A SOUTHWESTERLY LINE OF
SAID LOT 1 !, N. 33° 33’ 18" W., 40.00 FEET; THENCE ALONG A SOUTHEASTERLY LINE OF LOTS
11 AND LOT 12, IN BLOCK 1, AS SHOWN ON THE MAP HEREINABOVE REFERRED TO, S. 56° 26’
42" W., 50.00 FEET; THENCE ALONG A NORTHEASTERLY LINE OF SAID LOT !2, S. 33° 33’ 18" E.,
40.00 FEET; THENCE ALONG THE NORTHEASTERLY PROLONGATION OF THE MOST
SOUTHERLY LINE OF SAID LOT 12, N. 56° 26’ 42" E., 50.00 FEET TO THE POINT OF BEGINNING,
AND BEING A PORTION OF THE SANTA RITA RANCHO.
ASSESSOR’S PARCEL NUMBER:147-08-003
Page 4
Order No.: 56901-51990229-PRT
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions
contained in said policy form would be as follows:
o
The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(commencing with Section 75) of the Revenue and Taxation Code of the State of California.
Rights of the public, county and/or city in that portion lying within the street as it now exists:
Middlefield Road.
An easement affecting the portion of said land and for the purpose stated herein, and incidental
purposes.
In Favor of:Pacific Gas and Electric Company, a California
corporation
No representation is made as to the present ownership of said easement.
Purpose:Gas pipeline
Recorded:December 11, 1935
Book:748
Page:487
Affects:As therein described
An easement affecting the portion of said land and for the purpose stated herein, and incidental
purposes.
In Favor of:City of Palo Alto
No representation is made as to the present ownership of said easement.
Purpose:Public street
Recorded:July 22, 1954
Book:2920
Page:557
Affects:The Southwesterly boundary of Parcel Two, as therein
described
Any rights of parties in possession of said land, based on any unrecorded lease or leases, as
disclosed by an inspection of said land and/or inquiry.
Note: Please submit copies of leases for review.
Matters which may be disclosed by an inspection or survey of said land or by inquiry of the
parties in possession thereof.
Note: An inspection of said land should be ordered prior to close of escrow and upon its
completion, we will advise you of our findings.
Page 5
Order No.: 56901-51990229-PRT
INFORMATIONAL NOTES:
Eo
There is located on said land a commercial structure known as 4000 Middlefield Road, Palo Alto,
California.
There are no conveyances affecting said land recorded within twenty-four (24) months of the date of
this report.
This charge for a policy of title insurance, if issued through this title order, will be based on the basic
insurance rate.
General/Special Property Taxes for fiscal year 2001 - 2002 and possible prior years were not
assessed.
In addition to the county transfer tax of $0.55 per $500.00 the land herein also subject to a City of
Palo Alto conveyance tax in the amount of $1.65 per $500.00 valuation. This city tax is figured on the
full value of the land with no credits for existing loans or bonds.
Page 6
Order No.: 56901-51990229-PRT
® 0
EXHIBIT I
AMENDMENT NO. 2 TO LEASE AND
COVENANT NOT TO DEVELOP BETWEEN
THE CITY OF PALO ALTO AND
THE PALO ALTO UNIFIED SCHOOL DISTRICT
This Amendment No. 2 to Lease and Covenant Not to
Deve!op is entered into this day of , 200_ by and
between the Palo Alto Unified School District ("District") and
the City of Palo Alto, a municipal Corporation ("City").
RECITALS
A. The City and the District entered into that
certain Lease and Covenant Not to Develop on September i, 1989
("Lease") which provides in part that the City leases from the
District certain property commonly referred to as the Cubberley
Site. The parties entered into the Amendment No. 1 to Lease and
Covenant Not to Develop on July 20, 1998.
B. The City and the District have now entered into a
property exchange agreement whereby the City will convey to the
District a portion of a site known as the Terman site in
exchange for the District conveying fee title to the City of
7.97 acres of the Cubberley Site. The City will continue to
lease from the District the remaining portion of the Cubberley
Site.
C. Pursuant to Section 4.1 of the Lease, District
covenants with City and City covenants with District that, in
order to prevent further burden on City’s infrastructure and
preserve a substantial amount of City’s remaining open space,
certain school sites shall not be subdivided, sold or developed
with additional square footage to be used for non-school
district purposes.
D. Section 6.5.2(b) of the Lease provides that in
the event District wishes to reopen, as an operating schoo!, any
of the Covenanted Sites described in Exhibits D, E, and F, it
may do so upon written notice to City, provided that in such
event, City and District shal! amend the Lease to include within
the Covenant Not to Develop two operating elementary school
sites of District within the city limits of the City of Palo
Alto. Amendment No. ! to the Lease and Covenant Not to Develop
O11206 syn 0090980
substituted the Walter Hays Site and Juana Briones Site as
replacements for the "old" Ohlone site which has been renamed
"Hoover School."
E. The District has now re-opened the Garland Site
and wishes to designate Addison and E1 Carmelo as the two
operating schoo! sites to be substituted for the Garland Site.
F. Section 4.1 of the Lease limits additional
development on any Covenanted Site for non-school district
purposes to 2,000 square feet. As part of the re-opening of the
Terman Middle School, the District will grant a license to use
the Greendell Site to the Albert L. Schultz Jewish Community
Center (~JCC") for interim childhood development programs. The
JCC wishes to use nine (9) portable classrooms and one portable
bathroom, each with an area of approximately 960 square feet, on
the Greende!l Site. City is willing to amend the Lease to
permit the installation and use of these portable facilities by
the JCC without additional consideration; however, the
installation and use of such portable facilities requires a
conditional use permit from the City.
G. City and District wish to amend t.he Lease and
Covenant Not to Develop to provide for the reduction in area of
the Cubberley Sit9 and reduction in rent; the reopening of the
Garland Site and the substitution of the Addison site and the E1
Carmelo site within the Covenant Not to Develop; to permit the
interim use of portable buildings at the Greendell Site; and to
grant to District the right to open a compact high school at
Cubberley after the JCC has ceased relocated its operations from
Cubberley.
NOW, THEREFORE, for consideration,
which is acknowledged, the parties agree as follows:
receipt of
!. Site Description. Section 1.1.5 of the Lease is
hereby amended in its entirety to read as follows:
"1.1.5 Leased Site-Cubberley Site. Effective
September !, 2002, the term ’Leased Site’ means all of
that certain real property situated in the City
described in Exhibit A attached hereto and made a part
hereof, and all improvements thereon as of
September i, 2002."
O11206 syn 0090980
2. Covenanted Sites.
amended to read as follows:
Paragraph 1.1.8 is hereby
"1.1.8 Covenanted Sites.The term ’Covenanted
Sites’ means all that certain property situated in the
City described in EXhibits B, C, D-I, D-2, E-I, E-2,
F, and G attached hereto and made a part hereof."
3. Reopening of Garland Site.
hereby deleted.
Paragraph I.I.I0 is
4. Substitution of Addison and E1 Carmelo.
Paragraphs I.i. I0.i and 1.1.10.2 are, respectively, are hereby
added to read as follows:
"i.I.I0.! Addison Site. The term ’Addison Site’
means all that certain real property situated in the
City described in Exhibit E-I attached hereto and made
a part hereof.
1.1.10.2 E1 Carmelo Site. The term ’El Carmelo Site’
means all that certain real property situated in the
City described in Exhibit E-2 hereto and made a part
hereof."
5. Covenant Payments.
to read as follows:
Section 2.2 is hereby amended
Walter Hayes/Juana Briones
Addison/El Carmelo
Greendell
Jane Lathrop Stanford
Jordan
$204,742
$182,804
$182,804
$236,000
$164,000
6. Lease Payments. Section 2.8 is added to the
Lease and Covenant Not to Develop to read as follows:
"2.8 Reduction in Rent. City obligation to pay rent to
the District for the Cubberley Site shall be reduced,
commencing September i, 2002, by an amount equal to
$23,490 per month, (’the Offset ~Amount.’) Whenever
the Payment is adjusted pursuant to Section 2.7, the
Offset Amount shall be adjusted by the same method."
O11206 syn 0090980
7. Cubberley Lease. Section 3.0 of the Lease is
hereby amended in its entirety to read as follows:
"3.0 Cubberley Lease. District hereby leases to City
and City hereby leases from District for the term, at
the rental, and upon all of the conditions set forth
herein, the Leased Site commonly known as ’Cubberley
Schoo!’ situated in the City of Palo Alto described in
Exhibit A attached hereto and made a part hereof and
all improvements thereon. As of September I, 2002,
the total acreage of the Leased Site is approximately
27.48 acres of which 15.94 acres is outdoor recreation
area; the remaining 11.54 acres is comprised of
parking lot area, walkways, and approximately 80,150
square feet of buildings; however, it is understood
that such acreage and square footage figures are only
approximate and have not been precisely detemined.
8. Covenant Not to Develop. Section 4.1 of the
Lease is hereby amended in its entirety to read as follows:
~4.1 District hereby covenants with City and City"
hereby covenants with District that, in order to
prevent a further burden on the City’s infrastructure
and in order, to preserve a substantial amount of the
City’s remaining open space, which contributes to the
welfare of the City’s residents, the Covenanted Sites
situated in the City of Palo Alto and described in
Exhibits B, C, D-I, D-2, E-I, E-2, F and G attached
hereto and made a part hereof, shall not be (I)
subdivided, (2) sold or (3) developed with additional
square footage to be used for non-school district
purposes for the term of this Lease, for the
consideration and upon all the conditions set forth
herein, provided that the district may add portable
non-permanent structures totaling no more than 2,000
square feet per Covenanted Site. If the District adds
such square footage on any Covenanted Site, it shall
give written notice to the City within 30 days of such
addition. Provided, City hereby agrees that placement
of up to nine portable class rooms and one portable
bathroom, each consisting of approximately 960 square
feet, on the Greendell Site, to be used by the JCC as
O11206 syn 0090980
an interim relocation site for childhood development
programs for not more than eight years, shall not be a
violation of this Covenant. City acknowledges that
location and use of such facilities by District itself
for school-district purposes is not a violation of the
Covenant and does not require City consent. JCC may
not place or use portable facilities on the Greendell
Site prior to obtaining a conditional use permit from
City.
Upon the expiration or earlier termination of this
Lease, except as provided in Section 4.2, the City
shall execute and deliver to District a quitclaim deed
for the Covenanted Sites, unless otherwise agreed to
by the parties."
9. Exhibit E to the Lease is deleted and replaced
with Exhibits E-I and Exhibits E-2, respectively; and the
Summary of Exhibits is amended accordingly~
I0. District Option to Open Compact High School. Not
withstanding any other provision of the Lease, after the JCC has
removed its programs from the City-owned property at the former
Cubberley Schoo! and from the Leased Site, District may
terminate the Lease with respect to all or a portion of the
Leased Site so that it may operate a compact high schoo! at
Cubberley. District must provide twenty-four (24) months
written notice to City of such termination or partial
termination. If the District elects a partial termination, the
notice shal! include a map and lega! description specifying the
new Leased Site, and the City’s payment for the Leased Site,
shall be reduced in proportion to the reduction in the land area
of the Leased Site. Further, if the District elects a complete
or partial termination of the Lease under this Section i0, the
District and City shall enter into a joint use agreement
regarding the gym, cafeteria, theatre and fields. The Covenant
Not to Develop shal! remain in effect.
Ii.Effect of Amendment No. 2.
(a) As amended herein, the Lease dated
September I, 1989 and Amendment No. 1 remain in full force and
effect. In case of any conflict between any of the amendments
made in this Amendment No. 2 and the remaining provisions of the
Lease as entered into September i, 1989 and Amendment No. !, the
O11206 syn 0090980
5
Lease and Amendment No. ! shall be interpreted so as to give
effect to the provisions of this Amendment No. 2.
(b) This Amendment No. 2 shall be effective upon
the date first written above. By separate agreement, parties
have agreed that prior to September i, 2002, District shal!
transfer to City fee title to that portion of the Cubber!ey Site
removed from the leasehold by Section 7 of this Amendment No. 2.
If, pursuant to that agreement, the transfer of Cubberley
property to City and the release of City’s interest in the
reduction in City rent will be accelerated to coordinate with
that closing, and the transfer to the District of the City’s
right to receive renta! income for the Terman Site from the JCC.
IN WITNESS WHEREOF, the District and the City have
caused this Amendment No. 2 to be executed by their respective
officers as of the day and year first above written.
ATTEST:CITY OF PALO ALTO
City Clerk Mayor~
APPROVED AS TO FORM:PALO ALTO UNIFIED SCHOOL
DISTRICT, Lessor
Senior Asst. City Attorney President, Board of Education
APPROVED:APPROVED:
City Manager Superintendent of Schools
Exhibit E-I
Exhibit E-2
Addison Site
E1 Carmelo Site
(Legal Description and Map)
(Legal Description and Map)
O11206 syn 0090980
6
EXHIBIT E-I
ADDISON SITE
[Legal Description and Map to be provided]
011206 syn 0090980R
EXHIBIT E-2
EL CARMELO SITE
[Legal Description and Map to be provided]
011206 syn 0090980R
City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
6
DATE:DECEMBER 10, 2001 SUPPLEMENT TO CMR: 448:01
SUBJECT: APPROVAL OF AN AGREEMENT FOR JOINT USE OF TERMAN
SITE WITH THE PALO ALTO UNIFIED SCHOOL DISTRICT
RECOMMENDATION
This report supplements CMR:448:01 relating to the Agreement for Joint Use of Terman
Site between the Palo Alto Unified School District (PAUSD) and the City, attached as
Exhibit F to the Lease Amendment and Land Exchange Agreement.
BACKGROUND
An integral element of the proposed Terman for Cubberley property exchange agreement
with PAUSD is the continued use of the Terman gymnasium and pool to provide
community services to southwest Palo Alto. Additionally, in order for PAUSD to run a
full-service middle school at the Terman site, the district will require limited "ftrst call"
access to Terman Park fields and tennis courts during school hours. The Joint Use
Agreement accomplishes both of these provisions and creates policies and procedures to
ensure cooperation between the two agencies.
DISCUSSION
The agreement specifies that the PAUSD will make Terman Middle School facilities
available to the City at no cost. These facilities include the swimming poo!, gymnasium,
and library wing. It also specifies that the City will make the Terman Park fields and
tennis courts available to the School District. The PAUSD will be required to pay fifty
percent of City-provided field and tennis court maintenance as well as mutually agreed
upon field and tennis court capital work. The following summarizes the agreement:
PAUSD will have priority in scheduling events and programs at the Terman
Middle School. Second scheduling priority will go to City of Palo Alto-
produced and co-sponsored activities.
The City will continue its maintenance of Terman Park fields and tennis
courts. PAUSD will pay for one half of the actual cost to maintain and
improve the fields and tennis courts.
SUPPLEMENT TO CMR:448:01 Page 1 of 3
During non-school hours, the public will continue to have full use of Terman
Park. During school hours,, the District will have non-exclusive "first call" on
dedicated fields, including the ability to take reasonable steps to assure
student safety. Permanent fencing or other barrier will not be allowed.
The City will continue its existing library services until such time that
PAUSD gives notice that it requires the full site for its middle school.
Restroom facilities located at the school site will be made available to the
public during City-run programs at Terman Middle School or in Terman
Park.
A Terman Joint Use Committee will be established to administer this
agreement, plan and schedule the facility, and mitigate issues that may arise.
RESOURCE IMPACT
The City of Palo Alto will receive fifty percent of the costs, an estimated $69,000
annually, associated with the maintenance of the Terman Park fields and tennis courts.
The City will also receive fifty percent of costs related to necessary capital improvements
to the fields and tennis courts, if approved by both the City and PAUSD. The City is
responsible for all repairs caused by the City’s use of PAUSD facilities and any additional
custodial costs incurred that are directly related to City sponsored and co-sponsored
activities. All money owed to the City will be credited against monthly lease payments
payable to the PAUSD.
POLICY IMPLICATIONS
Terman Park is dedicated parkland. This agreement gives limited exclusive use of the
Park to the PAUSD to run middle school operations. However, the park will remain fully
open to the community outside of school hours and scheduled school activities.
TIMELINE
This agreement becomes effective when the Terman Lease Amendment and Land
Exchange Agreement between the PAUSD and City of Palo Alto is approved and in
effect.
ENVIRONMENTAL REVIEW
This agreement is categorically exempt from the California Environmental Quality Act
(CEQA).
SUPPLEMENT TO CMR:448:01 Page 2 of 3
PREPARED BY:
DEPARTMENT HEAD:
Deputy ;~f Community Services
PAUL THILTGEN
Director of Community Services
CITY MANAGER APPROVAL:
EMILY
Assistant City Manager
SUPPLEMENT TO CMR:448:01 Page 3 of 3