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HomeMy WebLinkAbout93-031 Stevens Creek Quarry, Inc. 93-031 STEVENS CREEK QUARRY, INC. LEASE AGREEMENT This lease is entered into between Stevens Creek Quarry, Inc. a California Corporation, hereinafter referred to as "LANDLORD" , and the City of Cupertino hereinafter referred to as "TENANT" . Now, therefore, in consideration of the mutual covenants and agreements herein contained , the parties herein agree as follows; This leas` is made this 5th day of October , 1993 , between Stevens Creel; Quarry , Inc. and the City of Cupertino, California . The Landlord is the owner of and hereby leases to the Tenant those certain premises situated in the County of Santa Clara, State of California , herein after referred to as "premises" and more particularly described in Paragraph U attached hereto. A. The premises are to be used solely for a facility for the bagging operation of compost and the transfer of recycle materials and for no other purpose without the written consent of the Landlord . The Tenant has the right to make any improvements, addition, building or construction within the premises area, that is associated with this use. Any improvements, buildings, additions or construction made by the Tenant shall remain the property of the Tenant unless affixed to the realty. B. The Tenant shall not assign, mortgage, or hypothecate this lease, or any interest therein, or permit the use of the premises by any person or persons other than the Tenant , or the subject premises or any part thereof , without "he written consent of the Landlord . Consent of any such assignment or subletting shall not be refused without cause. C. The term of this lease shall commence on September 30, 1993 , and shall terminate on September 30, 2003 , for a total period of Ten ( 10) consecutive calender years . This lease- shall be renewable for an addtional Five (5) years at the option of the Landlord . In the event that conditions of this lease are not met for any reason, then the Landlord will notify the Tenant in writing of the violations and should the violations continue for a period of 10 days or more after notice, then the Lease shall terminate . D. The Tenant agrees to compensate the Landlord , for use of the premises , by means of providing the Landlord with one-third per month of the City of Cupertino' s total allocation of compost and any excess per month, which is unused by the City of Cupertino of it 's two thirds share of the total allocation. The Tenant agrees that the Landlord has first right of refusal to any and all compost material not used by the City of Cupertino. The Tenant agrees that the separate Contract between the City of Cupertino and Rich Voss Trucking , Inc, is part of the terms and compensation for this lease. Upon execution of this agreement, the Tenant agrees to pay the Landlord the sum of $5,000.00 for costs previously incurred in the development of the premises . E. In the event that the Tenant shall be in default; of payment of compensation to the Landlord or default in payment to the Rich Noss Trucking , Inc. for the hauling of the materials or default for payment to the Landlord for development costs to the premises, the Landlord will , prior to commencing any action of termination of the lease and/or rejection from the premises , the Landlord shall give the Tenant 10 days written notice of his demand for the payments of all above agreements . F. The Tenant agrees to pay for charges for ALL UTILITIES supplied to the Tenant . G. The Tenant agrees to acquire and pay for any installation costs for any and all utilities needed and used by the Tenant. H. The Tenant agrees to indemnify and hold harmless the Landlord from and against any and all liability, arising out of or incident to any injury to person or persons and/or damage to property on or about said leased premises and/or any properry bordering said premises , resulting directly or indirectly, from the use or occupancy of said premises or any act of ommission or breach of any obligation hereunder by the Tenant, its employees, its agents , contractors , vendors , or invitees . The Tenant agrees , as its own expense, to maintain during the life of the Lease or any extended lease term, to supply a self insured policy in excess of One Million Dollars ( $1 ,000,000. 00) specifically naming Stevens Creek Quarry, Inc . as the Additional Insured . I . The Tenant agrees to take full responsiblity for the acquisition of and payment of any permits and/or fees related to the Tenants operation and/or the premises . J . It is mutually agreed that the lettering hereunder is made upon an ` subject to the terms, covenants , and conditions of this Lease and that the Tenants and Landlord covenent as a material part of the consideration for this Lease, to keep and perform each and all of said terms, covenents, and conditions by him to be kept or performed and that this lease is made upon the condition of each performance. K. Should either party hereto institute any legal action to enforce any provision hereof , the prevailing party in such action shall be entitled to receive from the losing party such amount as the Court may adjudged to be reasonable attorney' s fees and costs. L. If any term, covenent, or condition or provision of this lease a is held by a court of competent juriseiction to be invalid , void or unenforceable, the remainder of the provisions, hereof shall remain in full force and effect and shall in no way be affected , inpaired or invalidated thereby . M. Nothing contained in this lease shall be deemed or construed by the parties hereby or by any third person to create the relationship of principal and agent or of partnership of joint venture or of any other association other than Landlord and Tenant . N. A notice of communication under this lease by either party to the other shall be sufficiently given ur deliverd if dispatched by registered mail , postage paid , addressed as follows : 1 . In case of notice or communication to the Landlord : STEVENS CREEK QUARRY, INC. 12100 Stevens Canyon Road Cupertino, CA 95014 2 . In case of notice or communication to the Tenant : CITY OF CDi�ERTINO 10300 Torre Avenue Cupertino, CA 95014 0. The Tenant agrees to maintain the said premises in a safe manner, to be clear and free of weeds and debris , to be at all times kept in a state of appearance that does not distract from the Landlord ' s property. P. The Tenant agrees to maintain the premises in a manner which complies with all local and county fire regulations . Q. The Tenant agrees to secure the premises and provide security in a manner that the pry?miser do not effect the landlord ' s property. R . The Tenant shall supply the Landlord with 24 hour a day access to the premises . S. The Tenant agrees to operate on the premises in a manner that will not cause any interference to the operation of the Landlord. T. The Landlord agrees to provide the Tenant a graded site for the Tenant' s premises. Any additional work to be done for the Tenant to finish the site, for the Tenant ' s operations , that will be performed by the Landlord and will be paid for by the Tenant . Any other development of the premises, including fencing will be paid for by the Tenant . U. The premises shall be located on the Landlord ' s property, bordering Stevens Canyon Road on it ' s North East side and bordering both property owed by the County of Santa Clara and the Sunnyvale • Rod and Gun Club on it ' s North Sidle , with the Landlort_ property bording it on its West and South sides . V. The Tenant agrecs to sup,.)cart Stevens Creep: Quarry , Inc. , the Landlord , in use perr;it matters associated with this lease . W. The Tenant aa'rees that this lease agreement , during its life or not, in no way implies , reflects intent, or puts upon any restricci.ons , and/or future restrictions pertaining{ to the current use, current development or future development any'/or use of Stevens Creek Quarry, Inc. , the Landlord' s property . X. The Tenant agrees to obtain written permission from the Landlord for any uses of the Landlord ' s property for easements or access pertaining to the Tanants use of the premises. Y. The Tenant agrees to give Stevns Creek Quarry, Inc. a cost free advertisement by name on each of it ' s bags of the compost product distributed to the citizens of Cupertino as part of the compensation for this Lease Z. The terms and provisions hereof shall. be binding upon and insured to the benefit ti the heirs, executors , administrators, sucessors and assigns and transfees of the Landlord including successors in interest to the subject premise. Executed in Cupertino, California on 5th day of October 1993 . LANDLORD: TENANT: STEVENS CREEK QUARRY, INC. CITY OF CUPERTIN O � . Printed Name Mayor _ .J -� Attest: Sig ture Mt �h City Clerk Reviewed By: City Attorney RESOLUTION NO. 8968 A RESOLCT1ON OF THE CITY COUNCIL..OF THE CITY OF CUPERTINO APPROVING EXECUTION OF AGREEMENT BETWEEN STEVENS CREEK QUARRY AND THE CITY OF CUPERTINO FOR THE LEASE OF PROPERTY FOR THE COMPOST AND RECYCLING PROGRAMS WHEREAS, there has been presented to the City Council a proposed agreement between Stevens Creek Quarry and the City of Cupertino for the lease by the City of a parcel of Stevens Creek Quarry property to be used for the city's compost and recycling programs, and WHEREAS, the terms, conditions, and provisions of the agreement have been reviewed and approved by the Public Works Director and the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned agreement and authorizes the Mayor 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 4ch day of October , 1993, by the following vote: Vote Members of the City Council AYES: Dean, Goldman, Koppel, Sorensen, Szabo NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ N. �k Szabo Mayor, City of Cupertino ATTEST: /s/ Kim Marie Smith City Clerk