CC Resolution No. 8933
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RESOLUTION NO. 8933
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AUTHORIZING EXECUTION OF LEASE AND
CARETAKER AGREEMENT FOR SIMMS HOUSE IN
MCCLELLAN RANCH PARK
WHEREAS, there has been presented to the City Council an agreement between
the City of Cupertino and Innovative Housing, Inc. for lease of the property located at
22241 McClellan Road, McClellan Ranch Park, City of Cupertino, County of Santa Clara,
State of California, commonly know as the "Simms House"; and
WHEREAS, the terms, conditions and provisions of the agreement have been
reviewed and approved by the City Attorney and the Director of Community
Development;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the City
Manager and the City Clerk to execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19th day of July , 1993 by the following vote:
Vote Members of the Q!): Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Dean, Goldman, Koppel, Sorensen, Szabo
None
None
None
ATTEST:
APPROVED:
/s/ Roberta Wolfe
Deputy City Clerk
/s/ Nick Szabo
Mayor, City of Cupertino
CITY OF CUPERTINO
LEASE AND CARETAKER AGREEMENT
FOR SIMMS HOUSE IN McCLELLAN RANCH PARK
This Lease and Caretaker Agreement ("AGREEMENT') is made by and between the City of Cupertino
("CITY') and Innovative Housing, Inc. ("LESSEE").
The building to be leased by this AGREEMENT is commonly known as the "Simms House", and more
particularly described as 22241 McClellan Road, McClellan Ranch Park, City of Cupertino, County of Santa Clara,
State of California, ("the "BUILDING").
This AGREEMENT is entered for the purpose of making available for lease of a building owned by CITY
on the condition thac (1) the residents of the BUILDING qualify under the State of California and Federal Income
Limits of very-low and low-income persons, and (2) that LESSEE is responsible for Caretaking duties of the
BUILDING site as set forth in the tenns of this AGREEMENT.
CITY AND LESSEE AGREE AS FOLLOWS:
1. LEASE TERM: THE LEASE OF THE building shall commence on August 1, 1993 and end three years
later, on July 31,1996 at which time the lease may be renegotiated after evaluation by the CITY.
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2. RE!::IT:. Rent shall be $900.00 per Month payable in advance on the 15th day of each calendar month.
LESSEE shall pay rent to CITY at 10300 Torre Avenue, Cupertino, California, Attention: Finance Director, Room
101. In the event rent is not paid within 10 days after the due date, rent is deemed late and delinquent and a late
charge of $20.00 plus interest at the rate of 10% per annum on the delinquent amount shall be assessed. LESSEE
further agrees to pay $20.00 for each dishonored bank check.
3. SECURITY DEPOSIT: A security deposit in the amount of $225.00, not applicable toward the last
month's rental payment, shall be due and payable on the 15th day of July, 1993.
4. UTILITIES: LESSEE shall be responsible for the payment of all utility bills applicable to the
BUILDING during the tenn of this leases.
5, TENANTS: LESSEE shall be responsible for screening prospective tenants and assuring that each
tenant allowed to reside in the BUILDING qualifies under the State and Federal Income Limits of very-low and low
income. Further, LESSEE, will give preference to persons who live, work, and go to school or have families in the
City of Cupertino. Guests shall not be allowed to stay in the BUILDING more than five (5) days without first
obtaining the written consent of CITY.
6. SUBLETTING AND ASSIGNMENT: LESSEE shall not assign, sublet or transfer this lease or any
portion thereof. Any attempt to assign, sublet, or transfer shall be void and shall grant CITY grounds for lenninating
this lease.
7. INSURANCE: LESSEE shall maintain insurance as outlined in the Insurance and Indemnity
Requirements. as set forth in Exhibit "B', attached hereto and incorporaled herein by this reference.
8. ANIMALS: No animal or other pet (except for properly trained dogs needed for tile blind, deaf or
physically handicapped persons), shall be kept on or about the premises without the prior written consent of CITY.
9. ORDINANCES AND STATUTES: Tenant(s) shall comply with Cupertino's Municipal Code and
all State and Federal Statutes and Ordinances now in force, or which hereafter be in force, pertaining to the use of
the BUILDING and McClellan Ranch Parle.
. 10. MAINTENANCE AND REPAIRS: Tenant(s) shall, at their own expense, maintain the BUILDING
in a clean and sanitary manner, including all equipment, appliances, and furnishings therein and shall surrender the
BUILDING, upon the tennination of this AGREEMENT, in as good condition as received, except for nonnal wear
and tear. Tenant(s) shall be fully responsible for damages caused by their negligence and that of their family,
invitees or guests. Tenant(s) shall not paint, paper or make alterations to the BUILDING without prior written
consent from CITY. Tenant(s) shall maintain any surrounding grounds, which are part of the BUILDING site and
are for the exclusive use of Tenant(s), including any lawn, ground cover, and shrubbery and keep such grounds clear
of rubbish and weeds. the lawn or other ground cover may be located within a fenced area, not to exceed 30 feet by
30 feet, behind the BUILDING, and contain landscaping which is natural as possible, to be compatible with the
surrounding park environment.
11. INDEMNIFICATION: CITY shall not be liable for any damage or injury to Tenant(s), or any other
person, or to any property, occurring in the BUILDING or on any part of the BUILDING site, and Tenant(s) agree to
hold CITY harmless from any claims for damages, unless such damage is the proximate result of negligence or
unlawful conduct of CITY, its agents or employees.
12. ENTRY AND INSPECTION' CITY shall have the right to enter the BUILDING, during nonnal
business hours upon a 24 hour prior notice to Tenant(s), to inspect, make necessary or agreed on repairs or
alterations, supply necessary or agreed on services or to provide access for necessary or agreed on service people or
contractors.
13. CARETAKER DlITIES:
Tenant(s) promise to do the following:
(a) obtain training from the City's Naturalist and become familiar with the McClellan Ranch Park rules and
Chapter 13 of the Cupertino Municipal Code, which governs the use of parks and buildings of CITY. Periodically
check the BUILDING and the surrounding 3.1 acres and report to CITY'S code enforcement any violations of the
above referenced regulations found by Tenant(s) (a copy of Cupertino Municipal Code, Chapter 13, is attached
hereto as Exhibit "C");
As Caretaker(s) of the BUILDING and the surrounding grounds,
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(b) notify the CITY'S Parks and Recreation office prior to any absence from the BUILDING for any
extended period of time;
(c) keep the access gate open during daylight hours and closed at all other times;
(d) report incidents, such as park misuse and vandalism, and any emergencies such as burgarlies to the
McClellan Ranch Caretaker. If the McClellan Ranch Caretaker is unavailable, contact the Sheriffs office. In the
event the Sheriff's office is involved, report the incident to the Director of Parks and Recreation. (CITY will furnish
LESSEE with a list of contact numbers prior to occupancy of the BUILDING.)
14. RETIJRN OF KEYS: Upon tennination of this AGREEMENT, the keys to the BUILDING, including
all duplicated sets, are to be hand delivered to CITY'S Paries and Recreation Director or an authorized
representative.
15. HOLDING OVER: Any holding over after the expiration of the lease term, with the written consent
of CITY, shall be construed as a Month-to-Month tenancy in accordance with the terms of this AGREEMENT, until
either party tenninates the tenancy by giving the other party thirty (30) days written notice delivered by certified
mail.
16. GROUNDS FOR TERMINATION: CITY retains the right to tenninate this AGREEMENT upon
any breach by LESSEE and/or Tenant(s) of any material tenn, provision, covenant or condition contàin herein.
17. SEVERABILITY: If any tenn, provision, covenant or condition of this AGREEMENT is held by a
court to be invalid, void or unenforceable, the rest of the AGREEMENT shall remain in full force and effect and
shall in no way be affected, impaired or invalidated.
18. WAIVER:
right.
The failure of CITY to exercise any right hereunder shall not constitute waiver of such
19. ARBITRATION: In the event any dispute arises between CITY and LESSEE and/or Tenant(s)
regarding their respective rights and obligations under this AGREEMENT, such dispute shall be submitted to
binding arbitration.
20. ATTORNEY'S FEES: If legal action is commenced to enforce or to declare the effect of any provision
of this AGREEMENT, the prevailin8 party shall be awarded attorney's fees and costs incurred in such action.
21.
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Time is of the essence of this AGREEMENT.
22. EXHIBITS: All exhibits hereto, specifically Exhibit "A" Project Proposal Cover Page, Exhibit "B"
Insurance and Indemnify Requirements with Certificate of Insurance, and Exhibit "c" Chapter 13 of Cupertino's
Municipal Code are incorporated herein and made part of this AGREEMENT by this reference.
23. ENTIRE AGREEMENT: This AGREEMENT, consisting of four (4) pages, constibltes the entire
AGREEMENT and supersedes any prior agreement between the parties hereto.
LESSEE has executed this lease and Caretaker Agreement for Simms House in McClellan Ranch Park on
this day of , 1993.
By:
EXECUTIVE DIRECTOR, Innovative Housing, Inc.
CITY has executed this lease and Caretaker Agreement for Simms House in McClellan Ranch Park on
this day ofJuly, 1993.
By:
DON BROWN, City Manager
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Attested By:
CITY CLERK
Approved as to Form:
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CITY A TIORNEY
Attachments:
Exhibit A - Project Proposal Cover Page
Exhibit B - Insurance and Indemnity Requirements
Exhibit C - Cupertino Municipal Code, Chapter 13