CC Resolution No. 8448
RESOll1l'IΠ00. 8448
A RESOll1l'IΠOF THE CITY <nJNCTI.. OF THE CITY OF aJPERTINJ
AUTÆJUZ!OO EXEX:UTION OF A "lEASE" BElWEEN THE CITY AND
HAROlD L. GHEI!D AND AN'lQIT0 M. GHEI!D, 'lRUS'lEES, EDI'lH E. GHEI!D FAMILY
'ffiIJST; ALI£klIN3 THE CITY 'IO UTILIZE THE GHEI!D PRili'rm'Y pœ
'l»IPORARY pARIrnC PURPOSES; WILSCN SCHOOL SI'lE
WHEREAS, the developer of Tract No. 8332, the CUpertino Union Schcol
District, is required to provide parking facility to the patrons of wilson
Park which is adjacent to the district's project inasrmlch as the existing
parking facility will be eliminated during the construction of the
district's project; and
WHEREAS, a "Lease" agLeement between the City and Harold L. Gheno and
Antonio M. Gheno, Trustees, Edith E. Gheno Family Trust; is presented to
the City Council in fulfillment of the schcol district's obligation to
provide the parking facility at the schcol district's expense; and
WHEREAS, the provisions, teJ:Iœ, and oonditions of said "Lease" have
been reviewed and awroved by the Director of Public \'k)rks and the City
Attorney;
lU'l, ':IHEREF'CæE, BE IT RESOLVED, that the City Council of the City of
CUpertino hereby ~oves the aforementioned "Lease" and authorizes the
Mayor and the City Clerk to execute said "Lease" on behalf of the City of
CUpertino .
BE IT FUR'œER RESOLVED that the City Clerk is hereby authorized to
record said deed and this Resolution.
PASSED AND AvJl".1'I!aJ at
City of CUpertino this
following vote:
Vote MeI1tJer¡¡ of the City Council
a regular meeting of the City Council of the
l5th day of July , 1991, by the
AYES: 'Goldman, Rogers, Sorensen, Szabo, Koppel
NJES: None
ABSENT: None
ABSTAIN: None
AT!EST: APPROÆD:
/s/ Roberta A. Wolfe
City Clerk , Deputy
/s/ Barb Koppel
Mayor, City of CUpertino
LEASE
I. INTRODUCTION
1.1 This lease is made on <J~ 10, 1991, between
HAROLD L. GHENO and ANTONIO M. GHENO, TRUSTEES, EDITH E. GHENO
FAMILY TRUST, hereafter called Lessor, and the CITY OF CUPERTINO,
a municipal corporation of the State of California, hereafter
called Lessee.
1. 2 Lessor leases to Lessee, and Lessee hires from
Lessor, the premises hereafter described.
II. PREMISES
2.1 The "premises" are the described land plus any
described appurtenances, exclusive of any improvements now or
hereafter located on the premises, notwithstanding that any such
improvements mayor shall be construed as affixed to and as
constitution part of the real property.
2.2 The premises consist of a temporary gravel parking
lot with 56 stalls situated in Cupertino with access to South
Blaney Avenue on the west and Parks ide Lane on the east. The
frontages or boundaries are as follows:
252 feet on the north
and on the south along Hall Court and 68 feet on the east along
Parks ide Lane and 68 feet on the west along South Blaney Lane.
The land is unimproved.
2.3 The legal description of the premises, including
any appurtenances, is included in Exhibit A attached to this
lease and initialed by the parties.
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II 1. TERM
3.1 The term of this lease is from August 1, 1991
to February 1, 1993, or until Lessee completes the parking for
the Park on Lessee's adj acent land, unless extended or sooner
terminated as provided for in this lease, except in the event
Lessor sells land that includes the premises, then this Lease
will terminate one month after the close of escrow on Lessor's
land sale.
IV. CONSIDERATION
4.1 Lessee shall pay as an advance to be repaid
pursuant to the Reimbursement Agreement, attached hereto and
incorporated herein as Exhibit B, without abatement, deduction,
or offset the following:
The cost of improvements to Lessor's property is
described in the Agreement attached hereto as Exhibit C and
incorporated herein. Those improvements are required for
approval of Tract no. 8332 as shown on the tentative tract map
for Tract no. 8332 and accompanying improvement plans, including
construction of a portion of street, curbs, gutter, sidewalks and
underground utilities for Rodrigues Avenue, Parks ide Lane and
Hall Court, said areas being on or immediately adjacent to
Lessee's land.
4.2 No rent or any other payment shall be made in
consideration of this Lease.
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v. USE OF THE PREMISES
5.1 Lessee shall use and permit the use of the
premises solely for the construction, maintenance, and operation
of a parking ,lot.
VI. IMPROVEMENTS
6.1 At any time and from time to time during the term,
Lessee may, but is not obligated to, construct or otherwise make
new improvements on any part or all of the premises, including a
parking lot, and to demolish, remove, replace, alter, relocate,
reconstruct, or add to any existing improvements in whole or in
part, and to modify or change the contour or grade, or both, of
the land, provided Lessee is not then in default under any
condition or provision of this lease and provided the
improvements fOllowing the work are at least equal in value to
any improvements as they were before being demolished, removed,
replaced, altered, relocated, reconstructed, modified, or
changed. All salvage shall belong to Lessee.
6.2 Before any major work of construction, alteration
or repair is commenced on the premises, and before any building
materials have been delivered to the premises by Lessee or under
Lessee's authority, Lessee shall comply with all the following
conditions or procure Lessor's written waiver of the condition or
conditions specified in the waiver:
A. Notify Lessor of Lessee's intention to commence a
work of improvement at least five (5) days before commencement of
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any such work or delivery of any materials. The notice shall
specify the approximate location and nature of the intended
improvements. Lessor shall have the right to post and maintain
on the promises any notices of nonresponsibility provided for
under applicable law, and to inspect the premises in relation to
the construction at all reasonable times.
6.3 Lessee may enter onto the land before commencement
of the term to make any soil or structural engineering tests that
LeSsee considers necessary. All such tests made by or behalf of
Lessee shall be at Lessee's sole expense and shall be evidenced
by a separate contract. A copy of the report shall be delivered
to Lessor on commencement of the term.
6.4 Lessee shall defend and indemnify Lessor against
all liability and loss of any type arising out of work performed
on the premises by Lessee, and use of the parking lot together
with reasonable attorneys' fees and all costs and expenses
incurred by Lessor in negotiation, settling, defending or
otherwise protecting against such claims.
6.5 Throughout the term, Lessee shall, at Lessee's
sole cost and expense, maintain the premises and all improvements
in good condition and repair, ordinary wear and tear excepted,
and in accordance with all applicable laws, rules, ordinances,
orders and regulations of federal, state, county, municipal, and
other governmental agencies and bodies having or claiming
jurisdiction and all their respective departments, bureaus, and
officials.
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6.6 At the normal expiration of the term, provided
Lessee is not then in default, Lessee shall have the right to
remove any or all fixtures or improvements or both, provided all
resultant injuries to the premises and remaining improvements are
completely remedied and Lessee complies with Lessor's reasonable
requirements respecting the resultant appearance. Lessee shall
remove gravel, reinstall topsoil, and restore the premises to its
former condition.
VII. INSURANCE
7. 1 It is understood and agreed to by both Lessee
and Lessor that the city of Cupertino is self-insured against
claims and liability for personal injury, death, or property
damage arising from the use, occupancy, disuse, or condition of
the premises, improvements, or adjoining areas or ways, providing
protection of at least $ 5,000,000 for anyone accident or
occurrence. In the event that the City of Cupertino (Lessee)
discontinues its policy of self-insurance, Lessee agrees to:(l)
provide Lessor with notice of intent to become insured at least
sixty (60) days prior to such event; (2) provide Lessor with a
Certificate of Insurance issued by the City's carrier; (3) agree
that it will not cancel or reduce coverage without giving the
Lessor sixty (60) days prior written notice; and (4) agrees to
provide insurance that is sufficient in coverage and amounts in
the opinion of the Lessor.
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7.2 city hereby agrees to indemnify and hold harmless
Lessor, its officers, agents and employees from any claims or
demands which may be made against Lessor by reason of any injury
to or death of any person or damage to or destruction of property
of Lessor or third parties as a result of tenancy under this
lease. City at its own cost shall defend any and all 'suits,
actions or other legal proceedings that may be brought or
instituted by third parties against Lessor, its officers, agents
or employees on any of the above claims or demands of such third
parties.
VIII. DEFAULT
8.1 No waiver of any default shall constitute a waiver
of any other breach or default, whether of the same or any other
covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by either party shall give the
other any contractual right by custom, estoppel, or otherwise.
8.2 If either party brings any action or proceeding to
enforce, protect, or establish any right or remedy, the
prevailing party shall be entitled to recover reasonable
attorneys' fees.
IX. GENERAL PROVISIONS
9.1 Notices. All notices must be in writing and
notice is considered given either (a) when delivered in person to
the recipient named as below, or (b) five (5) days after deposit
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in the United states mail in a sealed envelope or container,
either registered or certified mail, return receipt requested,
postage and postal charges prepaid, addressed by name and address
to the party or person intended as follows:
Notice to Lessee:
Harry Gheno
5 cypress Court
San Carlos, CA 94070
City of Cupertino
Director of Public Works
10300 Torre Avenue
Cupertino, Ca 95014
Notice to Lessor:
9.2- All Exhibi ts and agenda to which reference is
made in this lease are incorporated in the lease by the
respective references to them, whether or not they are actually
attached, provided they have been signed or initialed by the
parties. Reference to "this lease" includes matters incorporated
by reference.
9.3 This lease contains the entire agreement between
the parties and may only be amended by a writing signed by both
parties.
No promise, representation, warranty, or covenant not
included in this lease has been or is relied on by either party.
9.4 The invalidity of illegality of any provision
shall not affect the remainder of the lease.
9.5 Subject to the provisions of this lease on
assignment and subletting, each and all of tne covenants and
conditions of this lease shall be binding on and shall inure to
the benefit of the heirs, successors, executors, administrators,
assigns, and personal representatives of the respective'parties.
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9.6 At the expiration or earlier termination of the
term, Lessee shall surrender to Lessor the possession of the
premises.
Surrender or removal of improvements shall be as
directed in provisions of this lease on ownership of
improvements at termination.
9.7 This lease may be executed in two or more
counterparts, each of which shall be an original, but all of
which shall constitute one and the same instrument.
LESSOR,
~-~
~'~ /,Art--T
1\ onio M. Ghe 0, Tr stee
Edith E. Gheno Family Trust
~~~~
Harold L. Gheno, Trustee,
Edith E. Gheno Family Trust
LESSEE, The City of Cupertino
By:
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Exhibit "A"
Legal Description of the Premises
Page 1 of 2
LEGAL DESCnIPTION
A portion of that certain real property situate in the City of
CU1 f:~rtino, count:y of Santil clara, ~tatc of California, deccribed as
Lots 1.6 and 17 of map ent.itled "Map of thc Price SubdiviE:ion",
:r.C!cordl'd in Rook N of Map,~ ë\t page 74, 1narc particularly described
CiS follows:
BC!ginning at the monument marking the intersection of the
centerline of Price Avenue i1nd thecE<ntcrline of Fllanay Avenue;
Thence South 00' 12' :;>9" East along (¡aid centerline of Blaney
J\venuc 508.(;9 fect:
Thence North 89' 47' 31" Ea!Jt, 30.00 feet to the TntJE POINT OF
U£G1NNING;
Thence along ~ line parallcl with and distant easterly 30.00 feet,
measured at right anglc~ from the centt,rlinc of Blaney Avenue,
North 00' 12' 29" W(.,st 47.1)4 feet;
Thence along a line parallel with and distant northerly 98.00 feet,
measured i.~t right angles from the centerl.i.n(~ of Hall Court as !;¡Üd
centerline is shown on the Map of Tract 8117, filed tor record in
Rook !>lI6 of Map!: (It pi1<Jes 39 imd '10, North 09' 37' 33" East, 276.J7
feet;
Thence along a line parallel with and distant westerly 30.00 feet,
meilfmred öt right an'.JIl.'s from thu <.',~st:erly U.n<.' of said Lots 16 atilt
1." South 00' 12' 29" F.il!:t. 40.06 teet;
Thence along a tangent curve to the right,
northwest, with a rùdius of 20.00 feet through a
09' SO' 0'-" for ön arc longth of 31.36 feet;
concave to the
central angle of
Thence along a line parallel with and distant northerly 30.00 feet,
measured at right angles from tho centerline of said Hall Court
!1out.h 89' 37' 33" West '-36,3" feet;
Thence along a tan~ent curve to the right, concave to the
~outhwest, with a radiu~ of 20.00 feet through a central angle of
90' 09 '58" for an arc length of 31.47 feot to tho TkUI:: P01N'1' O~·
lJ"F:GINNINC.
De!Jcription prepared by Kier & Wright Civil Engineers and Land
!1urveyors, Illc.
Date
Ted Wil~on. L.S. 6425
OGOßLD.MK
Page 1 of 2
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Exhibit "An
Page 2 of 2
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CURVC TABLE:
CURVr. RADIUS DELTA LCNCTH
CI 20,00' 89'50'0'" J1.J6'
C2 10.00' VO·OO'~· JI.41'
~ 80' J7 J3 E 278.J7
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LEGAL DESCRIPTION
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Exhibit "B"
REIMBURSEMENT AGREEMENT
Page 1 of 1
[Reimbursement Agreement for Gheno to reimburse City and District
for his improvement costs shall be labeled Exhibit B and attached
here upon execution.]
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Page 1 of 5
Exhibit "c"
AGREEMENT
(Agreement between City and District for city to reimburse
District for improvement costs shall be labeled Exhibit C and
attached here upon execution.]
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