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HomeMy WebLinkAboutGUSD - Joint Use Agreement for Solorsano Middle School " , COMMUNITY RECREATION AGREEMENT BETWEEN THE CITY OF GILROY AND THE GILROY UNIFIED SCHOOL DISTRICT FOR DEVELOPMENT AND JOINT USE OF A GYMNASIUM AT ASCENCION SOLORSANO MIDDLE SCHOOL This Agreement is entered into this 29th day of May, 2003, by and between Gilroy Unified School District, a political subdivision of the State of California (hereinafter "District"), and the City of Gilroy, California, a charter law city (hereinafter "City"), individually referred to herein as a "Party" or together as the "Parties," WHEREAS, Section 1 0900 et seq, of the California Education Code authorizes cities and school districts to organize, promote and conduct programs of community recreation; to establish systems of playgrounds and recreation; and to acquire, design, construct, improve, maintain and operate recreation centers, including but not limited to such facilities as playgrounds, outdoor playing fields or courts, swimming pools and gymnasiums; WHEREAS, Education Code Section 10902 authorizes Districts to acquire, construct, improve, maintain and operate recreation centers within or without the territorial limits of the public authority; WHEREAS, pursuant to Education Code Section 10905, the District may enter into agreements for the creation of jointly used community facilities with the City; WHEREAS, the City has a need for gymnasium space to house programs for the City's youth and adults, and this need is anticipated to become more acute with the City's projected rise in population in the coming decades; WHEREAS, the City intends by the construction of an approximately fourteen thousand three hundred sixteen (14,316) square foot gymnasium facility ("Gymnasium") on school district property to meet the needs of the City for gymnasium space for now and for the future; and WHEREAS, the Parties wish to establish a joint-use Gymnasium on the grounds of a site that will become the District middle school named Ascencion Solorsano Middle School. NOW, THEREFORE, THE CITY AND DISTRICT AGREE AS FOLLOWS: Section 1 - Term of Agreement The term of this Agreement shall be ninety-nine (99) years from the date set forth above, provided, however, that this Agreement may be terminated by either Party by giving the other Party three hundred sixty-five (365) days' prior written notice pursuant to the limitations and conditions of Section 8, below, Upon termination of this Agreement, the District shall retain ownership of the Gymnasium as well as any fixed recreation materials installed in the Gymnasium by either the City or the District. \NVH\565501.13 01-043003-04706002 -1- Section 2 - Construction and Funding of Gymnasium 1. Agreement to Construct -- The District agrees to complete construction of a Gymnasium located on the grounds of Ascencion Solorsano Middle School, as shown on the site map attached hereto as Exhibit "A," according to plans attached hereto as Exhibit "B," along with an approximately fourteen thousand (14,000) square feet site suitable for the construction of forty-one (41) full-size parking spaces and three (3) disabled person parking spaces, to be dedicated by the District as a future parking area for the Gymnasium for City use free of any impediment to ingress and egress, as further described on Exhibit "A" as "Future Parking Area," as well as to provide lighting for both the Gymnasium and the parking lot. 2, Construction Duties of District - The District shall supervise and administer the construction, payments of amounts due to the architect, the contractor and other persons providing services in accordance with paragraph 5 below of this Section 2, and upon consultation with the City, resolve any claims or disputes in connection with the design and construction of the Gymnasium, 3. City to Approve Design Modifications -- City has reviewed and approved plans as attached hereto in Exhibit "B." The District shall obtain the approval of the City for any proposed design modifications. The City shall provide its written approval or disapproval of the Gymnasium modifications within ten (10) business days from District's request, or the modification will be deemed approved. Said approval by the City will not be unreasonably withheld. 4. Project Completion - The District will use its best efforts to complete the Gymnasium by June 30, 2003. The Parties understand that the Project design and construction schedule may be impacted by unforeseen events, and agree that until construction is ninety percent (90%) complete, the Parties should not plan for occupancy or use of the facility by a certain date. The District will provide the City with written notice when the construction is 90% complete, and of the projected date of occupancy. 5. City to Reimburse District for Cost of Gymnasium Construction -- The Parties agree that the cost of planning and constructing the Gymnasium shall be Three Million Three Hundred Seventy-six Thousand Seven Hundred Twenty-six Dollars ($3,376,726.00) which includes, among other costs, the architect's and consultants' fees. District shall not make any payment for the design or construction of the Gymnasium without the prior written approval of the City, which approval shall not be unreasonably withheld. Upon the City's written approval, District shall pay the amount due to the architect, contractor or other person. The City shall reimburse the District for the construction of the Gymnasium, which said payments shall be due from the City to the District within ten (10) working days of the submission by the District to the City. District shall withhold and disburse payments to contractors, subcontractors and other persons as required under the California Public Contract Code and California Labor Code and shall hold harmless, defend and indemnify City from any claims, suits or liability arising from the payment or failure to make payment to any person. 6. Change Orders -- If either Party requests a change to the Gymnasium during the course of construction, the Party making such a request shall bear the full cost of the change, \NVH\565501.13 01-043003-04706002 -2- unless the other Party agrees in writing to share the cost. In the event that there are additional costs in excess of the budgeted dollar amount for the particular line item to make the Gymnasium code compliant, the District shall bear the full costs of such changes. Section 3 - Use of Gymnasium 1. Joint Use -- The District shall have exclusive use of the Gymnasium during the school year every weekday Monday through Friday during the hours between 7:00 a.m. and 5:00 p.m. City shall have exclusive use of the Gymnasium at all other times Monday through Friday during the school year. If the District plans a student sports event that could extend beyond 5:00 p.m. on a weekday, City will make a reasonable effort to accommodate the event, provided that the District has provided to the City appropriate reasonable written notice of the event in advance. The City shall have exclusive right to use the Gymnasium all day and night on weekends and during weeks when school is not in regular session. The right to exclusive use shall include the right to rent the Gymnasium or a portion thereof to third parties, and to allow third parties to use the Gymnasium without cost. The City shall be responsible for all scheduling of the Gymnasium, and will issue keys to the Gymnasium to City and District staff as the City deems appropriate. 2. Meetings to Discuss Use and Maintenance of Gymnasium -- The Director of Community Services for the City or the Director's designee shall meet with the Principal of the Ascencion Solorsano Middle School or the Principal's designee on a quarterly basis each calendar year to confer on use, programming, scheduling, maintenance, appearance, renovation and repair issues related to the Gymnasium. The District and the City shall confer, either at the quarterly meetings or at specially-scheduled meetings, regarding policies and rules to govern Gymnasium use, maintenance and repair, and shall adopt rules and regulations governing Gymnasium use, maintenance and repair. The rules and policies shall cover, among other things, graffiti and vandalism prevention and eradication, appearance and general upkeep of the interior and exterior of the building, use of tarps and other protective equipment to preserve the Gymnasium and Gymnasium floor during non-sports activities, and security issues. 3. Civic Center Act - City and District shall comply with the provisions of the Civic Center Act (Cal. Education Code Section 38130, et seq.) in the scheduling and use of the Gymnasium. Each Party understands that pursuant to the Civic Center Act, other individuals and/or entities may utilize the Gymnasium when an alternative location is not available. Section 4 - Office and Storage Area for Exclusive Use of the City The City shall have exclusive use of an office that is not less than one hundred twenty- one (121) square feet and exclusive use of a storage room that is not less than one hundred eight (108) square feet, each of which shall be within the Gymnasium. Both the office and the storage room shall remain locked during all times that the District is using the Gymnasium. This may require the installation of separate scoreboard controllers for the City and the District. The City's office shall be equipped with all regular utilities, and shall include a telephone for exclusive use by the City. \NVH\565501.13 01-043003-04706002 -3- Section 5 - Funding of Operations and Maintenance 1. Shared Costs -- The District's and City's funding of the operation and maintenance obligations under this Agreement shall be on a fiscal year basis (July 1 to June 30). The City and the District shall be equally responsible for and equally share the costs of all Routine Maintenance of the Gymnasium. The City and the District shall equally share the cost of all Capital Maintenance mutually agreed to by the Parties in writing, except that the Parties may determine an alternative, equitable means of apportionment of cost in the final years of the Agreement. The terms "Routine Maintenance" and "Capital Maintenance" are defined below. a. Routine Maintenance - "Routine Maintenance" shall mean the work necessary to keep the Gymnasium in a neat, clean, and working condition. "Routine Maintenance" includes all tasks reasonably necessary to preserve the Gymnasium and avoid capital repair and replacement, including without limitation, compliance with all procedures set forth in operating manuals and warranty documentation for the care and preservation of any of the components or systems within the Gymnasium. "Routine Maintenance" also includes annual resurfacing of the Gymnasium floor. b. Capital Maintenance - "Capital Maintenance" shall mean the renovation, repair or replacement of any part of the structure of the Gymnasium, any mechanical or operating system contained within the Gymnasium, including without limitation, heating, ventilation and cooling systems, plumbing systems and electrical systems. c. Utilities - The City and the District shall share the cost of all utilities for the Gymnasium including telephone, cable, water, gas, electricity, garbage and sewer service, and other utilities as may be identified at a future time. The cost of all utilities for the Gymnasium shall be apportioned between the City and the District in accordance with the percentage of time each Party will have use of the Gymnasium. Third parties using the Gymnasium shall be charged for the cost of the utilities. The utilities shall be metered separately from utilities serving other buildings at the Ascencion Solorsano Middle School site. District shall submit invoices to the City and the City shall reimburse District not later than thirty (30) days from the date of District's invoice. 2. Each Party Will Bear Cost of Its Own Use - Neither Party shall be responsible to the other Party for the cost of the other Party's recreation program or the cost of any third party organization which utilizes the Gymnasium. The City agrees to bear all costs incurred with respect to the operation of any recreation program, including the cost of service of its employees and incidental costs in connection therewith, The District agrees to bear all costs incurred with respect to the operation of the school activity. 3. Costs of Recreational Equipment and Supplies - The District shall provide and maintain at its own expense all recreation materials appropriate for the building (including, but not limited to basketball hoops, nets, backboards, end-of-court padding, and volleyball standards and nets). The City shall provide equipment and materials not normally needed for school purposes which it needs for its recreational program, and may, at its own expense and with the permission of the District, install other recreation materials. The District shall not remove any equipment or materials without the prior written consent of the City. \NVH\565501.13 01-043003-04706002 -4- 4. Custodial Services - The District shall provide for custodial services to clean the Gymnasium at the end of each period of time during which the District is scheduled to use the Gymnasium. The City will provide for custodial services for the Gymnasium at the end of each period of time when the City has use of the Gymnasium. The City shall be responsible for cleaning up litter in the parking lot when no regularly scheduled District custodian is scheduled to provide such services in connection with a City event in the Gymnasium. Nothing in this section shall be construed to limit the authority of the City and the District to agree to jointly contract for the provision of custodial services. Section 6 - Reconstruction in the Event of Damage or Destruction 1. Duty to Rebuild -- In the event that the Gymnasium is damaged or destroyed by whatever the cause, the District together with City shall repair or rebuild the Gymnasium in accordance with the plans, specifications and terms as set forth in Section 2, subsections (1) (2) (3) and (6), and Exhibit "B" of this Agreement, and this Agreement shall remain in full force and effect. Notwithstanding the foregoing, the Gymnasium shall be built to comply with then- current codes and standards, except where the plans and specifications required by this Agreement are more stringent than the then-current codes and standards. Further, the Parties may meet and confer to determine whether alterations of the design of the rebuilt Gymnasium are preferable to meet the needs of the City and District as those needs may exist at the time of the Gymnasium's damage or destruction. For the purpose of this paragraph, the duty to repair or rebuild the Gymnasium shall include the duty to replace all contents of the Gymnasium. 2. Property Insurance -- To ensure the District's ability to perform under this Section, the District shall maintain property insurance carrying coverage limits sufficient to completely rebuild the Gymnasium in the event that the Gymnasium is damaged or destroyed. The deductible amount stated under the insurance policy initially shall not exceed Ten Thousand Dollars ($10,000.00). The amount of the deductible may be increased as agreed upon in writing by the Parties. The property insurance policy shall insure against all risks of loss to property and shall insure all contents of the Gymnasium for the full replacement value of the contents. The City and the District shall equally share in paying the cost of the property insurance premium, and also shall equally share in paying the cost of the agreed-upon deductible, if any. The City shall be named as an additional insured on the property insurance policy. The property insurance policy shall provide that it is primary insurance with respect to the City, its officers, employees, volunteers and agents, and that any insurance or self-insurance maintained by the City shall be in excess of said property insurance policy. The District shall provide evidence of coverage under the property insurance policy to the City on an annual basis, and secure an insurance contract provision that requires ten (10) days written notice to City in advance of any policy cancellation, termination or nonrenewal. District shall furnish the City with original certificates and amendatory endorsements effecting coverage required pursuant to this subsection. Section 7 - Status of City and District Employees 1. Employee or Agent of City or District Not an Employee or Agent of the Other ~ -- For all purposes under this Agreement, personnel engaged in the performance of services and functions for the City shall be deemed to be employees or agents of the City only and not employees or agents of the District, nor shall any City employee have any District pension, \NVH\565501.13 01-043003-04706002 -5- benefits, civil service, or other status while an employee of the City. For all purposes under this Agreement, personnel engaged in the performance of services and functions for the District shall be deemed to be employees or agents of the District only and not employees or agents of the City, nor shall any District employee have any City pension, benefits, civil service, or other status while an employee of the District. 2. Need for Fingerprinting - The Parties agree that the requirement of Education Code Section 45125 apply to those persons employed at the Gymnasium and all such employees shall have their fingerprints taken and criminal background checks performed. Section 8 - Termination of Agreement 1. Termination Permissible After Commencement of Eleventh Year and Not Before -- This Agreement may be terminated by either Party at any time commencing in the eleventh (1Ith) year of the Agreement but not before, and for any reason, upon three hundred sixty-five (365) days written notice to the other, in accordance with this Section 8. In the event of a termination by any Party, the City may remove its personal property and any equipment purchased by the City for the running of City programs. 2. District Termination - If District exercises its right to terminate this Agreement, District will reimburse City's financial contribution plus interest at the City's highest rate of return. For purposes of this Subsection 8(2), the City's financial contribution is equal to the total amount of City's contribution toward any and all construction costs including any change orders, as determined in Section 2, above. The District also shall reimburse the City for any expenses paid for Capital Maintenance that had occurred in the five (5) years immediately preceding the written notice of termination. 3. City Termination - In the event the City terminates the Agreement, the District shall not be required to reimburse the City for the City's construction costs. Section 9 - Breach 1. Failure or Delay in Performance -- A failure or delay by any Party to perform any material term or provision of this Agreement constitutes a breach ("Breach") under this Agreement. The Party who commits a Breach shall promptly commence to cure, correct or remedy with reasonable diligence and, during any period of reasonably diligent curing, shall not be in default of this Agreement. 2. Notice of Breach -- In the event of a Breach by any Party, the injured Party shall give written notice of Breach ("Notice of Breach") to the Party in Breach. Within five (5) working days of receiving the Notice of Breach, the Parties shall meet and attempt to resolve their dispute in good faith and consistent with the underlying purposes of the Agreement. 3. Dispute Resolution -- If the meeting between the Parties does not resolve their dispute, the Parties agree to set the matter for mediation, and said mediation to be held within thirty (30) days of the Notice of Breach, unless the Parties agree to extend the deadline. If the Parties to the dispute agree, the mediator may also be asked to prepare a non-binding advisory \NVH\565501.13 01-043003-04706002 -6- oplffion. If the mediation does not resolve their dispute, the Parties shall have the right to exercise any and all remedies available to it at law or under equity. Section 10 - Indemnification 4. Duty to Defend/Indemnification. -- Pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify, defend with counsel reasonably acceptable to the other Party, and hold the other Party, its officers, employees and agents, harmless from any damage or liability imposed for injury (as defined in Government Code Section 810.8 or a successor statute) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, employees, contractors, volunteers or agents, under or in connection with any work, authority or jurisdiction delegated to such Party under this Agreement. Neither Party, nor any officer, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Party hereto, its officers, employees, contractors, volunteers or agents, under or in connection with any work, authority or jurisdiction delegated to such other Party under this Agreement. 2. Liability Insurance. - The District shall procure and maintain at its sole expense for the duration of this Agreement liability insurance with coverage limits of no less than One Million Dollars ($1,000,000) per occurrence and no less than Five Million Dollars ($5,000,000) in aggregate. The Parties may agree to a lower aggregate coverage limit if the per occurrence coverage limit applies separately to losses for injuries occurring at the gymnasium location. The coverage limits shall be adjusted no less frequently than every five (5) years in an amount equal to the change in the consumer price index or in another amount as the Parties may agree in writing. The liability insurance policy shall insure against suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, for or alleging personal injury or property damage arising out of or in connection with the ownership, maintenance or use of the Gymnasium, and shall name the City, its officers, employees, volunteers and agents, as additional insured. Any deductible or self-insured retention must be approved by the City. The liability insurance policy shall provide that it is primary insurance with respect to the City, its officers, employees, volunteers and agents. Any insurance or self insurance maintained by the City, its officers, employees, volunteers or agents shall be in excess of the District's insurance. The District shall furnish the City with original certificates and amendatory endorsements effecting coverage required pursuant to this subsection. In addition, the District shall maintain workers' compensation insurance and employer's liability insurance as required under California State Law. Section 11 - Assignments Neither Party to this Agreement shall assign any of its rights or duties hereunder, in whole or in part, without the prior written consent of the other Party, which consent shall not be unreasonably withheld. All covenants, promises, conditions, representations, and terms expressed in this Agreement shall be binding on the Parties and their respective representatives, successors and assigns. \NVH\565501.13 01-043003-04706002 -7- Section 12 - Waiver In no event shall any action by any Party hereto constitute or be construed to be a waiver of any breach of covenants or conditions of this Agreement or any default which may then exist. The waiver by one Party of any condition of performance by the other Party shall not be construed as a waiver of any other condition of performance of this Agreement. Section 13 - No Agency Under no circumstances shall this Agreement be construed as one of agency, partnership, joint venture or employment between District and City. Each Party acknowledges and agrees that it neither has, nor will intentionally give the appearance or impression of having, any legal authority to bind or commit the other Party in any way. Section 14 - Amendments Amendments or modifications to this Agreement shall be effective only upon the mutual agreement in writing of the Parties hereto. Section 15 - Right of City to Inspect Records City, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of District for the purpose of verifying any and all charges made by District in connection with this Agreement or the construction of the Gymnasiums. District shall maintain for a minimum period of three (3) years (from the date of final payment to District), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to City by District, all of which shall be made available to City at the City's or District's offices within five (5) business days after City's request. Section 16 - Notices Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Party hereto by the other Party shall be in writing and shall be deemed duly served and given when personally delivered to the Party to whom it is directed, or, in lieu of personal service, when delivered by facsimile transmission together with United States mail, first class, postage prepaid, addressed to: City: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Phone: (408) 846-0460 Fax: (408) 846-0500 Attn: Director, Community Services \NVH\565501.13 01-043003-04706002 -8- District: Gilroy Unified School District 7810 Arroyo Circle Gilroy, CA 95020 Phone: (408) 847-2700 Fax: (408) 842-1158 Attn: Superintendent Either Party to this Agreement may change its address for purposes of this Section by giving notice of the change to the other Party in the manner provided in this Section. Section 17 - Recorded Agreement The District and the City agree that a copy of this Agreement shall be delivered to the City in recordable form, which the City is hereby authorized to record in the Official Records of Santa Clara County, California, following approval and execution of this Agreement by the District and the City. Section 18 - Entire Agreement This Agreement, including the exhibits listed below and attached to this Agreement, constitutes the entire agreement between the Parties respecting the Gymnasium and the matters contained herein. Each Party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by the other Party, or anyone acting on behalf of the other Party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Exhibits: Exhibit "A" Exhibit "B" Location and Description of Gymnasium Plans for Construction of Gymnasium Section 19 - Partial Invalidity If any provision of this Agreement is held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and unimpaired by the holding. Section 20 - Nondiscrimination Neither City nor District shall discriminate, in any way, against any person on the basis of race, sex, color, age, religion, creed, marital status, sexual orientation, disability, ethnicity, ancestry, or national origin, in connection with or related to the performance of this Agreement or the use of the Gymnasium. \NVH\565501.13 01-043003-04706002 -9- Section 21- No Third-party Beneficiaries This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action hereunder for any causes whatsoever. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the date first above written. . . , Date: (; '-1 a - 03 ..... ;1'''- L~ ' ~ '.. ~idk, ~~4'- Rh nda Pelhn, City Clerk APPROVED AS TO FORM: ~a,~ Linda A. Callon, City Attorney ~ Date .:;( Jq ~ ~Od3 By: Edwin CHOOL DISTRICT APPROVED AS TO FORM: vjh. &.UJ ffittP~ Name: fll. (], lLr' () I S"teV{ (IS Attorney for District Ka:J f sf-ttJI-YlS Lo...w ~di~M \NVH\565501.13 01-043003-04706002 -10- STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Community Recreation Agreement Between the City of Gilroy and The Gilroy Unified School District for Development and Joint Use of a Gymnasium at Ascencion Solorsano Middle School On June 18, 2003, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 1; - - - - ~;~ - -t:Ia ::;~~~~ f WI ... am. County - 1IyCamrn. EIpha obI1&, 2Da5 per GC Sec. 40814; CC Sec. 1181 (Notary Seal) -13- STATE OF CALIFORNIA } 'C:- ss. COUNTY OF Jaru+t"- CUt/V.... On :jw~ '1, LCD 3, before me, 2hoyxitt OZUI'n, personally appeared F d lA-I ~ n. l) \' C-l 1.- , D personally known to me -OR- 00 proved to me on the basis of satisfactory evidence to be the person~' whose name(S) isl~ subscribed to the within instrument and acknowledged to me that helslreltJ;1eY executed the same in hi~/th,fri'r authorized capacity(jeS), and that by hisll)tr/tl).eir signatureOO on 0 the instrument the person~, or the 0 entity upon behalf of which the 0 personW acted, executed the 0 instrument. 0 1------------ (I RHONDAPEWN _ Corrunission'1305815 J Notary Publk: - California ~ Santa Clara County ~ IIyComm ExpiresJun 19,2005 ~,IYfS~ my band and offi, cia! seal. ~t2 -/fntAf ! ~L~L,lj,- SIGNATURE OF NOTARY \NVH\565501.13 01-043003-04706002 -14- CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. o INDIVIDUAL o CORPORATE OFFlCERS(S) TitJe(s) PARTNER(S) 0 LIMITED o GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERV ATOR OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) Exhibit A Location and Description of Gymnasium THE PROPERTY CONSISTS OF 1.37 ACRES OF PARCEL A, AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED JANUARY 25,2001, BOOK 736 OF MAPS, PAGES 26, 27; 28 AND 29, SANTA CLARA COUNTY RECORDS. -11- \NVHI565501.2 ." , .. RECORDING REQUESTED BY old Republic Title ,_~ER# 510506-JJ 808-18-019 Corrpany Titles: 1 / Pages: 2 DOCUMENT: 16108826 II II III 1111 IIIUIIIIII II :o:0016108826~ APN WHEN RECORDED MAIL TO Name r GILROY UNIFIED SCHOOL DIS'IRICT 7810 ARROYO CIRCLE GILROY, CA 95020 --, Street Add ress Fees. . . . Taxes. . . Cop i es . . AMT PAID 20.00 7264.40 7284.40 City State Zip BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Old Republ ic Title Company ROE ** 002 2/14/2002 8:00 AM L -1 SPACE A80VE fHIS LINE FOR RECORDER'S USE Grant Deed The undersigned grantor(s) declare(s): Documentary transfer tax is $ ....?!...?..f:j.~..:..~g.... ( X) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X ) City of.........~~.~<?X.....mm..nnm..................n..............m..m...m......mn.n.......m........mm....... ( ) Realty not sold. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FILICE FAMILY ESTATE, a California Limited Partnership hereby GRANT(S) to GILROY UNIFIED SCHOOL DIS'IRICT, a public b::dy duly organized and existing under Chapter 1 of Division 3 of Title 2 of the Education Code of the State of California that property in the City of GILROY, SANTA ClARA County, State of California, descrit.ed as: THE REAL PROPERTY CONVEYED BY THIS GRANT DEED CONSISTS OF 17 ACRES. 1.37 AmES OF THE REAL PROPERTY CONVEYED IS A GIFT FRCM GRANIDR 'ID GRANTEE AND THE VALUE OF THIS GIFT IS $583,671.00. Mail Tax Statements to Grantee at address aJ:xwe Date February 12, 2002 STATE OF GfLfF NiA ..I. ct..- GOUNTYOF"'~-Yl ~ On ;2 - I:J - Od-- before me, the undersigned, a Notarv Public in and for said State, personally appeared ,J11?n m. FJ;.e1f. C-r,"o,_T (=:1:'"-(.... D (" l/ (") 0 Ftll'-t.--- )U -' personally known to me (or proved to me on the basis of s3lisiaclory evidence) [0 be the person(s) whose name(s) is/are subscribed [0 the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf or which the person(s) acted. executed the instrument. FILICE FAMILY ESTATE ~._\'l . ~L~ , JR. GENERAL ~~ C~. FILIC~NERA~ PARTNER ~~ BRUNO FILICE, GENERAL PARTNER " 1,--- - - ~~:.:~ -- - -:.::-::. ~'~~.-'--=='~=====--~ \.-1 \'1 .,..... -- ;-'~ I- r \.... L' ';\' ':(1 ,,,.,, A i\'-- ~r'. c' 1/\1 ':">..1:'1.:: l:::~,:_'::~~~ ;-.:~;f 12. zac: ,.. L,..;=-===-~ -'~~~'=--__J__ '-._. (This arca for official notarial seal) . "I EXHIBIT A ALL OF PARCEL A, AS SHOWN ON THAT CERTAIN PARCEL l\1AP RECORDED JANUARY 25, 2001, J3CX)K 736 OF l\1APS, PAGES 26, 27; 28 AND 29, SANTA ClARA COUNTY RECORDS. 808-18-019 H ~" 'i I~ ~ -, g . i{ CF R UJ ~ ---1 8 -. " . i I ~ " . GlI!!llUu" \ i ~ ~- ~""':t:.'" I ., \ ~( ~ 4 \ g: \ f' (t I \ ..& . .~.V , ~.~ / " ,/ '- - - .,...~ ~... I , " ~ ~~i~~ ; :~g~g ~ y ~~~~~ hI ~~p~" "U ~iL ~~~:~ ~ ~!r~~ tl",,::lin n si;'l ;:~~;Jg ~ t~~r 8a2!i.~ L(_ :r.Or!oo E; ~'i ~~~~.., e;; ~~ 0 ~~~S ,- ~,Q).. ; ~gJo E ~ ~l"~~ "0 ~ . ~~:X~!:'l :~~~~ .., . !E~5;;!l: \'Z ,.. ~ ~,g!~; l;l i~ Ii !~~~~!i\ ~, ~! 9 & tIl ~~. ~~Iill a: i i Ii ~ ~~~9q !J rir Qa~lX ~~ jLri.. ~Q'-~ . t .~~~~ ~ r[S!1 !'Il~ I ,lj" i~i~q . nUl- 9~ \~ f.r! U~J . I' . <t ~ ' z:-ii iii! ~~:t:z .. .. - ~ 'i' _.... /' ';... . - f. ...." " ,CII/I ' -- , ~-.~=t" ~'c' . -91..; . _ _ .....1 1" -~~ ~~ ~ ~\~ A i ~ "'- C) " ~; : ~":". EXHIBIT "B" Plans for Gymnasium \NVH\565501.13 01-043003-04706002 -12- . ~ co I8I (Q) lL J1::$' &~Im -. ~ 6 9 I .-JL !lEI JJ;\gI W ~ Ii'Jl JHI O)~ . . =, ~ ~ ~ :!l j PERMANENT BUILDING LEGEND A - ADMINISTRATION BUILDING B - BANDI SHOP BUILDING C1 - PERMANENT CLASSROOMS C2 - PERMANENT CLASSROOMS C3-PERMANENTCLASSRooMS G - GYMNASIUM BUILDING H - UFE SCIENCE BUILDING L - UBRARY BUILDING M - MULTI - PURPOSE BUILDING WI LOCKER ROOMS R - FUTURE RELOCATABLE CLASSROOMS S - SCIENCE BUILDING KEY . W FlffiJRE RELOCATABLE BUILDING SITE PLAN ~ 50 0 50 100 $