CC Resolution No. 7507
RESOLUTION NO. 7507
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT WITH
LOUIS GRAY, CARETAKER, MC CLELLAN RANCH PARK
WHEREAS, an agreement between the City of Cupertino and Louis Gray
outlining the terms and conditions for proyiding caretaking seryices for
McClellan ranch Park has been presented to the City Council; and said
agreement haYing been approyed by the Director of Parks and Recreation
and the City Attorney;
NOW, THEREFORE, 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 ADOPTED
City of Cupertino this
following yote:
at a regular meeting of the City Council of the
Ii.h day of .TlInp , 1988 by the
Vote Members of the City Council
AYES: Koppel, Plungy, Rogers, Gatto
NOES: None
ABSENT: Johnson
ABSTAIN: None
ATTEST APPROVED:
/s/ Roberta A. Wolfe
Deputy City· Clerk
/s/ John M. Gatto
Mayor, City of Cupertino
CAREI'AKER AGREEMENT
MC ("'fro J 1IN RANΠPARK
AGREEMENT, made by IOOIS ~l'l' GRAY, hereinafter referred to as
"Caretaker", and the CITY OF CXJ~=·.lliO, a municipal corporation of the
state of California, hereinafter referred to as "City."
RECITAlS :
a. City owns McClellan Ranch Park, situated in the City of
CUpertino, County of Santa Clara, state of California;
b. city, in order to deter vandalism and unlawful acts in the
Park, wishes to have someone reside at the Park site, and to perfonn
the caretaking duties hereinafter described;
c. Caretaker is prepared to reside at the Park site, and to
perfonn the caretaking duties hereinafter described.
IN <X>NSIDERATION of the promises contained herein, the parties agree
with each other as follows:
1. License: City hereby grants to Caretaker a license to move a
mobile home onto the site shown on Exhibit "A", attached hereto and
made a part hereof by reference, to make said mobile home his
principal residence, and to live in said mobile home, without charge
to him other than the performance by him of the duties hereinafter
assumed by him.
2. Mobile Home: Caretaker promises, at his own cost and expense, to
move a mobile home onto said site, to make it his principal residence,
and pramptly to reJI'OVe said mobile home upon 1:ennim.tion of this
Agreement for any cause.
3. Tenn: The term of this Agreement shall be for a period of two
(2) years, commencing on May 1, 1988, and ending on May 1, 1990,
provided, however, that: either party may teJ:minate this Agreement
upon thirty (30) days prior written notice to the other party. If
City teJ:minates before one year for any reason other than default by
Caretaker, City agrees to reimburse Caretaker for the cost incurred in
moving mobile home onto site. Amount to be reimbursed to be pro-rated
over the twelve (12) nonth period by the number of remaining nonths
following teJ:mination. In addition, the City may teJ:minate this
1Igreement if, after ten (10) days prior written notice thereof,
Caretaker has failed to = any default \.Il'X3er the provisions of this
Agreement. '!his Agreement may also be teJ:minated, or extended, by the
written agreement of both parties.
4. Installation: City shall construct the pad for the mobile home,
and install all utilities, at no cost to Caretaker.
5. utilities: Caretaker shall pay all utility charges including
water, gas, electricity, telephone and garbage charges incurred in
cormection with the mobile home. Telephone service in the mobile home
is a requirement of the agreement.
6. l1PJœep of Mobile Home: Caretaker shall keep the mobile home and
the area immediately adjacent thereto in a clean, neat and sanitary
condition.
7. Pets and An:iJnals: Caretaker may keep pets and animals in or at
the mobile home only with the written permission of the Director of
Parks and Recreation of the city.
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8. Use of Mobile Homa: Caretaker premises that the nobile hane
shall be used as a single family residence only, for occupancy by him
and the members of his .immediate family.
9. Insurance: Caretaker promises to take out and keep in force
during the term of this Agreement, at his own expense, public
liability and property damage insurance against liability to the
public arising as an incident to the use of or resulting from any
accident =ing in or about the nobile home. 'Ihe limits of
liability \.Il'X3er this insurance are to be for aJTOUnts not less than One
Hundred 'Ihousand Dollars ($100,000.00) for anyone person injured, 'lWo
Hundred 'Ihousand Dollars ($200,000.00) for anyone accident, and Fifty
'Ihousand Dollars ($50,000.00) for property damage. City shall be
named as co-insured, and Caretaker shall obtain a written obligation
iIIposed on the insurance carriers to notify City in writing before any
cancellation of the insurance. Caretaker shall supply city with a
certificate of insurance covering the above insurance.
lO. Caretaker's D.1ties: Caretaker shall report by telephone, either
to the Director of Parks and Recreation of City (or his designated
representative), or to the Sheriff's Deparbnent of the County of Santa
Clara, whichever may be II1Cre appropriate at the time, of any acts of
vandalism or other unlawful acts to and in the park (particularly any
violations of City's Park Ordinance - Title 13 of the CUpertino
M..mi.cipal Code), which may came to his attention.
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11. RelationshiD of Parties: 'Ihe parties do not interxi by this
Agreement to create the relationship of partners, joint venturers,
landlord and tenant, or en¡¡loyer and en¡¡loyee; rather, the
relationship of Caretaker to City shall be that of an independent
contractor. City shall have no right to control the manner in which
Caretaker performs his duties \.Il'X3er this Agreement. City shall not be
responsible in any way for debts or other libilities incurred by
Caretaker .
12. Assicmment: Caretaker shall not assign this Agreement, or any
rights hereurxler, nor delegate to any person, other than a person in
his llmnediate family, his duties hereun::ler, without the prior written
consent of city. Any such assigrnnent or delegation without such
consent, shall be void and, shall, at the option of City, be deemed as
a breach of this Agreement. No consent to any assigrnnent or any
delegation of authority shall constitute a waiver or discharge of the
provisions of this paragraph except as to specific instances covered
thereby .
13. Attornev's Fees: In case suit is brought to enforce the
provisions of this Agreement, or for any breach thereof, the
prevailing party shall be entitled to recover reasonable attorney's
fees, as fixed by the Court.
14. Scoœ of Aclreement: This Agreement constitutes the entire
Agreement between the parties. Except as limited by paragraph 12
above, this Agreement shall in all respects b.in:l and enure to the
benefit of the heirs, executors, administrators, successors and
assigns of the parties.
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IN wrrnESS WHEREX:>F, the urœreignecl have executed this Agreement in
duplicate this _ day of
, 1988.
CITY OF Q.J~=·~O, a municipal corporation
By
F'4 I
Caretaker
Caretaker
A'ITEST:
City Clerk
~.
AS 'IO
,'/ ,/ r
/ ' ,. .
/ /t/ílÆ ¡/J.
/ ~ ' /
City Attorney