CC Resolution No. 8283
RESOWl'ICN ro. 8283
A RESOWl'ICN OF THE CITY <XXJNcn. OF THE CITY OF aJPERl'INO
AtJIHORIZING EXEaJI'ICN OF JIGREEMENI', M/'Y'TF.T:r1¡N RANCH CAREI\AlæR
WHEREAS, an agreement between the City of CUpertino and Joseph T.
Silva and Bamara Silva a.rt1.ining the lease oorxtitions for the ndJile home
at McClellan Ranch Park and the caretaker's responsibilities, has been
presented to the City Council; and said agreement having been approved by
the Director of Parks arñ Recreation and the City Attorney;
NCM, 'IHEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are
hereby authorized to execute the agreement herein referred to in behalf of
the City of CUpertino.
PASSED AND ADOPI'ED at a regular meeting of the City Council of the
City of CUpertino this 17th day of December, 1990 by the following
vote:
vote Members of the Citv Council
AYES: Goldman, Rogers, Sorensen, Szabo, Koppel
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Barb Koppel
Mayor, City of CUpertino
ATI'FST:
/s/ Dorothy Cornelius
City Clerk
CAREl'AKER LEASE Ar.R1moI1'N1'
McClellan Ranch Mobile Halle
.'Ibis J\greement, made in duplicate on December 17, 1990, by and beb.ieen the City
of CUpertino (hereinafter designated as "CITY"), and the un:iersigned,
(hereinafter designated as "TmANT"), who hereby agrees to lease property owned
by the City of 0Jpert:in0 described as:
'I\No bedrocm, mobile bane located at 22211 McClellan Road, canmencing on the
12th day of November, 1990, on a m::>nthly lease basis for '1m HUNDRED OOLlARS
($200) per ITOl1th payable m::>nthly, in advance, on the twelfth (12th) day of each
calerxJar m::>nth. A security deposit of bio huOOred twenty-five dollars ($225) is
payable, in advance, and shall be used to repair damages to the premises caused
by TENANl' , exclusive of ordinary wear and tear, and to clean the premises, if
~,;,ary, upon termination of the tenancy.
TENANT hereby approves, agrees and consents to the following terns and
con:li. tions:
1. That the lease of the above premises is on a bio (2) year basis, with
re-evaluation by both parties at that time. Terms ocmnence on November
12, 1990, and erd on November 12, 1992, provided, however, that either
party may terminate this agreement upon thirty (30) days prior written
notice to the other party. In addition, CITY may terminate this agreement
if, after ten (10) days prior written notice thereof, TENANl' has failed
to cure any default urrjer the provisions of this agreement. '!he TENANl'
agrees to pay said rent to the City of CUpertino at 10300 Torre Avenue,
CUpertino, California, Roan 101 (Finance Director), in advance, on the
twelfth (12th) day of each m:>nth so lOl¥J as tenancy continues. Rent is
deemed late and delin::¡uent if not received by the CITY on or before the
seventeenth (17th) day of each m:>nth. If the rent is not paid by the
seventeenth (17th) day of each m::>nth, a late charge of $20 will be
assessed. In addition, a charge of $20 will be assessed for any check
returned by the bank because of insufficient funds or for any other
reason.
2. To pay prœpt.ly when due, all gas, light, and other utility bills
awlicable to the premises during TENANTS oocupation, and to save CITY
harmless therefran.
3. CITY will not make any il1q;¡rovements or repairs on said property of any
nature whatsoever, unless approved by the Parks and Recreation Director
or duly appointed representative, except repairs to the follOlN'ing items
onlv where considered necessary by CITY: repairs to roof, water heater,
stove, dishwasher, replace broken pllnllbing fixtures and water service
pipes to fixtures. TENANl' is responsible for all minor repairs including,
b.1t not limited to, clo;¡ged drains, leaky faucets, and broken w1:rrlows.
TENANl' will properly use and operate all electrical, gas and pllnllbing
fixtures and keep them clean and sanitary.
4. That no credit will be allowed TENANl' by CITY for the cost of any repair
\v'Ork perfomed or ordered done by TENANl'.
5. TENANl' shall not permit anyone other than those designated on the Rental
Application to reside on the premises for m:>re than five (5) days without
first obtaining the written consent of CITY. TENANl' shall not assign,
sublet or otheIwise transfer this lease or any portion thereof and any
attenpt to do so shall be voidable and of no effect for any purpose and
shall furnish grourds for iJmnediate termination of this lease.
¡;2':Þ
6. '!he TENANT shall give the ClT'i at least thirty (30) days written notice
of intention to nv:>ve or vacate the property, with rent due and payable to
an:i including the date of vacation. Upon such vacation, TENANT agrees to
leave same in good con:ii.tion as existed as of the day possœ<:,ion of the
property was taken, allowing for ordinary normal usage durin;J occupancy,
and to reimb.Jrse ClT'i for any damage done to said property caused by
TmANl'S OCC'1['<1tion or tenancy other than that due to normal use.
7. In the event that it is necessary for either party to retain an attorney
or to bring suit to enforce this agreement, the prevailin;J party shall be
entitled to all attorney's fees and court costs reasonably required to
enforce this agreement.
8. That this agreement is made upon the express con:ii.tion that the ClT'i, its
officers, agents or enployees are to be free fran all liability, and
claim, for damage by reason of arr¡ injury to arr¡ person or persons,
including TENANT, or property of arr¡ k:irñ whatsoever and to whansoeVer
belorging, including TENANT, iran arr¡ cause or causes whatsoever while
in, upon, or in arr¡ way connected with the said demised premises or the
sidewalks adjacent thereto durin;J the term of this agreement or any
extension hereof or arr¡ OCC'1paJX:y hereUOOer. TENANT hereby agrees to
irxlemnify an:i save harmless the ClT'i, its officers, agents and enployees
fran all liability, loss, cost and obligations on account of or arisin;J
out of arr¡ such injuries or losses haHever ocx::urring.
9. Upon termination of this tenancy, the keys to the property are to be
brought or mailed to the CUpertino Parks and Recreation Director or duly
authorized representative.
10. It is agreed by and between the parties hereto that this tenancy is of
t:enp:>rary nature, and that no relocation payment or advisory assistance
will be sought or provided in any form as a =nsequence of this tenancy.
11. The TENANT acknowledges and agrees to perform the following duties as
caretaker of K:JClellan Ranch Park:
a. Check arounj the b.lildings and groun:Js at irregular intervals;
b. Be alert to activity in the park;
c. Be familiar with an:i enforce park rules and city codes in park usage;
d. Notify the Parks and Recreation office prior to arr¡ absence for arr¡
exterx;1ed period of time;
e. Consult with the Naturalist shoold anything appear questionable alorg
the nature trail, in the open field, alorg the creek, or in other
areas that Naturalist activities are designated. Also, inform the
Parks and Recreation Director;
f. Consult with the 4-H leaders shoold anything appear questionable in
their allotted area. Also, inform the Parks and Recreation Director;
g. Be concerned abCAlt the safety of persons usin;J the park and any misuse
of the park, as well as vanJalism;
h. The Caretaker will be held accountable, rot not responsible for
incidents. Should incidents be IIPre than can be ordinarily hanlled or
if emergeo:::y situations arise, call the Sheriff's Deparbtlent for
assistance;
/)- ~
i. Should a break-in occur at any of the McClellan Ranch structures and
the caretaker is notified by the security system, wait for Sheriff to
appear and let them into the structures for observance. IDCk
structures and reset alarm (if a¡:plicable) when all is clear;
j. The Caretaker's phone should be available for use in case of
emergency ;
k. Catpletion of an incident report may be required in the event the
Sheriff's office is contacted so that Parks and Recreation Department
has a record of the incident;
1. '!he caretaker is responsible to the Director of Parks and Recreation
only and any duties not outlined in this job description must come
fran his office or duly authorized representative.
m. '!he tenn of the caretaker agreement shall be for a pericxì of two
years, with re-evaluation by both parties every two years thereafter.
12. TENANl' shall keep the m:>bile hane and the area immediately adjacent
thereto in a clean, neat and sanitary corrlition.
13. TENANl' may keep pets and anbnals in or at the m:>bile hane only with the
written permission of the Director of Parks and Recreation of the CITY.
14. This agreement is the final and exclusive expression of all the terns of
this agreement and cannot be JOOdified without written agreement between
the parties hereto.
TENANl'S
CITY OF CUPERTINO
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