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HomeMy WebLinkAbout93-033 University of CA Regents 93-033 UNIVERSITY OF CA REGENTS of cupertmo 10ti10 Rn�e Aw•nu�• Cupertino,CA 95014-3255 Telephone:(408)252-4505 FAX: (408)252-0753 DEPARTMENT OF THE CITY CLERK October 28, 1993 Risk Manager 300 Lakeside Drive, 6th Floor Oakland. California 94612-3560 Enclosed for your files is one (1) copy of the agreement by and between the City of 'Cupertino and Regents of the University of California, which has been fully executed by City officials. If you have any questions, please contact the Department of Parks and Recreation. Sincerely, KIM MARIE SMITH CITY CLERK KS/cs Encl. cc: Director of Parks & Recreation LEASE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA FOR THE ROLLING HILLS 4-H CLUB THIS LEASE AGREEMENT is made as of the 28 day of October , 199 3 by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (for the Rolling Hills 4-H Club), hereinafter called "LESSEE", and CITY OF CUPERTINO. a municipal corporation, x hereinafter called "LESSOR". The parties hereto agree as follows: 1. LEASED REAL PROPERTY. Lessor hereby leases to Lessee, and Lessee hereby lures from Lessor, that certain real property (hereinafter called premises or leased premises) in the County of Santa Clara. State of California, described in Exhibit "A", McClellan Ranch Park. which is attached hereto and incorporated herein by reference. Premises includes, but is not limited to, the following: four-stall stable with corrals, and support building. 2. TERM. The term of this lease shall be for the period commencing July 1, 1993 and ending July 1, 1998. 3. RENTAL. Lessee shall not pay rent to Lessor for the use and occupation of the premises. 4. USE OF PREMISES. The leased premises shall be used by Lessee for the following purpose: Santa Clara County Cooperative Extension 4-H Programs.animal husbandry, wildlife, and gardening projects. Leased premises are not to be used for any purpose which, in the opinion of the Lessor, is not in keeping with the "rural atmosphere" of the area. Lessee shall not conduct or permit to be conducted any sale by auction on said premises. Lessee shall not place or permit to be placed any projecting sign, marquee, or awning on the front of the said premises without the written consent of Lessor, through Lessor's Director of Planning; Lessee, upon immediate request of Lessor, shall immediately remove any sign or decoration which Lessee has placed or permitted to be placed in, on or about the front of the premises and which, in the opinion of the Lessor, is objectionable or offensive, and if Lessee fails so to do, Lessor may I enter upon said premises, and Lessee shall not place or permit to be placed upon the said sidewall. rear wall, or roof, any sign, adve,.usement, or notice without the written consent of Lessor. No other use of the premises is permitted except with the advance written consent of Lessor which consent shall not be unreasonably withheld. Lessee shall not quarry or remove stones therefrom, nor remove any earth or soil, nor destroy, cut or remove any timber, trees or firewood standing or lying thereon, nor permit others, without authority from Lessor, to commit any of the above acts. No hunting will be allowed on the premises. Lessee shall not commit or permit the commission of any waste upon or permit or suffer any damage to be made to the premises. 5. INSPECTION AND EN rRY BY LESSOR/ACCESS OF PREMISES BY LESSEE. Lessee shall permit Lessor, and Lessor's agents, employees, and assigns, at all reasonable times and upon reasonable notice, to enter the leased premises, for the purposes of inspection. to make repairs, alterations or additions to any other portion of said building, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required, or for the purposes of posting notices of non-liability for alterations, additions or repairs to Lessor property, compliance with the terms of this lease, exercise of all rights under this lease, posting notices, and all other lawful purposes. Lessee shall supply Lessor, his agents and assigns, with keys and other instruments necessary to effect entry on the premises. Lessor shall use its best efforts to minimize any disruption to Lessee's use of premises to effect such repairs, alterations, etc. Lessee is granted right to limit right of access to the premises to the following persons: persons directly involved with the projects of the Lessee on the premises; members of the public, who are participating in public tours conducted by Lessee. 6. WATER AND WATER SYSTEMS. (a) Lessor shall provide and install adequate water and sewage facilities and water service which, in the opinion of the Lessor, are necessary for the adequate use of the premises by the Lessee. 2 { b) Lessee agrees to protect from leeching and trampling any manure produced on said premises and not to allow it to be washed into water or drainage systems. 7. UPKEEP. Lessee shall keep all canals and ditches now on said premises or which may be constructed thereon during said term open and clean and otherwise in good order and condition as when received when this lease commenced. Lessee agrees to use the best known practices and measures to prevent the entry or growth of Johnson grass, -nor►vng glory, Bermuda grass, knapweed, halogeton and other potential weeds and grasses and willows and other brush upon the leased premises, including necessary control measures on adjacent or adjoining public and private roads, ditches, banks, fence lines, lanes and ways. It shall be the obligation of Lessee to bear the expense of compliance with all lawful requirements governing extermination and desaruction of noxious growth, rodents and harmful insects and protection against orchard and plant infection. Lessee shall keep the same free therefrom by Lessor, and shall make reasonable efforts to exterminate and keep squirrels and other rodents from said premises and the roads, canals, ditches and levees through and about said premises. if Lessee, in the reasonable judgment of Lessor, shall fail to perform the work or any part thereof in this paragraph covenanted and agreed to be done by the Lessee, and as herein provided, Lessor, a Lessor's option. may re-enter in and upon said premises without demand upon or notice to Lessee, and perform said work or any part thereof, and Lessee shall pay to Lessor, on demand, the reasonable costs thereof to Lessor. 8. TAXES AND UTILITIES. During the term of this lease. Lessee shall promptly pay, before delinquency, any and all taxes. and other governmental charges, if any, which shall be laid. assessed, levied, or imposed upon or become due and payable and a lien upon the Lessee, the leased premises or any part thereof, including, but not limited to, (i) all taxes levied on the personal property, fixtures, and equipment of Lessee located on the demised premises; and (H) all license fees and other charges itr:_,osed upon its business or operations conducted thereon. Lessee shall also promptly pay all charges, if any, for electricity, light, power, and other utility services on the leased premises. 9. CONDITION OF PREMIISES. By entry under this lease, Lessee accepts the premises in its present condition, except that Lessor agrees to perform all things which, in its opinion, 3 are necessary to cause the plumbing on the premises to be kept in conformance with the City of Cupertino Building Code. Lessee acknowledges that the premises have been vacated by the prior tenant. Lessee and Lessor agree to share expenses on major repairs on said premises; and further agrees on the last day of the term or on sooner termination of this lease, to surrender the premises and the appurtenances to Lessor in substantially the same condition as when received reasonable use, wear, .3ind damage by fire, act of God, or the elements excepted, and to remove all of Lessee's property from the premises. Lessor agrees to provide the premises with regular garbage service. 10. ABANDONMENT Lessee shall not vacate or abandon the premises without giving Lessor ninety (90) days written notice. If Lessee does abandon, vacate, or surrender the premises, or is dispossessed by process of law, or otherwise, personal property belonging to Lessee and left on the premises shall be kept for a reasonable time by Lessor, but in no event longer than fifteen (15) &ys after Lessor gives Lessee written notice to remove that property from the premises, after which time, if it has not been reclaimed by Lessee, it may be treated by Lessor as abandoned. The abandonment of any portion of the premises shall. in no way, affect the other provisions of this lease and the same shall remain in full force and effect. 11. INSURANCE HAZARDS. Lessee shall not use the premises, nor permit others to use them, nor do or permit acts that will increase the existing rate of insurance on the structures, trees, or other permanent crops on the premises, or cause a cancellation of any insurance programs covering, in whole or in part, the structures, trees, and permanent crops; nor shall Lessee sell, or permit to be kept, used, or sold, in or about the premises, any article that is prohibited by the standard fire insurance programs. Lessee shall comply with all requirements, applying to the premir�. of any applicable fire or liability insurance programs covering the structures, trees, and permanent crops. 12. TERMINATION BY LESSOR. In the event the Lessor sells or long-term leases the premises, or any portion thereof, prior to the expiration of the term hereof, Lessor or its successor shall have the right to terminate this lease. as to said premises or portions thereof, as the case may be, upon at least 120 days prior written notice to Lessee; provided, however, that in the event of such notice is given during the period January I to September 30 of any year, Lessee may 4 remain in possession until the date of(a) October 1 of that year, or(b) the expiration of 120 days following such notice. 13. OPERATING COSTS. Lessee shall pay, a. Lessee's sole cost and expense. the cost of ground preparation, seed, fertilizer, labor, and all other things necessary and appropriate in connection with the permitted use of the leased premises. 14. DISCLAIMER OF WARRANTY-SOIL. SUITABILITY. Lessor makes no warranty of the soil's suitability for the use permitted under this lease. 15. OPERATING PRACTICES. Lessee shall conduct its operations on the leased premises in a proper and farmer-like manner and in accordance with the customary industry practices for such operations. Lessee agrees to farm the leased premises as above provided with due regard to conservation of the water and the soil. 16. MAINTENANCE OF PREMISES. Lessee shall keep and maintain all buildings and other improvements on said leased premises in good condition and repair and free from fire hazards. Lessee shall maintain the interior and exterior of the stable and tack room, shall maintain the fences, corrals, windows, one sidewalk in front of the tack roori, and any other appurtenances on the premises, including but not limited to, the plumbing, and electrical systems on said appurtenances, in good and sanitary condition and repair during the tern of this lease. ordinary wear and tear excepted. Stalls and wooden fences shall be kept painted. Corrals and stalls shall be cleaned on a regular basis--every day or every other day, and be kept reasonably free of odor. Lessee hereby waives all rights to make repairs at the expense of Lessor as provided in Section 1942 of the Civil Code of the State of California, and all rights provided for by Section 1941 of said Civil Code. Any improvement made to the premises shall, upon installation. become the property of Lessor, with the exception of movable furniture and trade fixtures. Lessee shall give Lessor, through its Director of Parks and Recreation, written notice in advance of making any alteration, repair, addition, or improvement, and Lessor shall have the right to post and maintain on the premises notice of non- responsibility in accordance with the applicable provisions of California law. Lessee shall obtain any and all permits required by any government jurisdiction which are necessary for carrying out Lessee's activities. Any and all repairs, improvements and restoration performed by either party shall be in 5 conformance: with the City of Cupertino Building Code. Lessee shall keep the premises free from any liens arising out of any work performed. material furnished. or obligations incurred by Lessee. 17. DESTRUCTION. The term or status of this lease shall not be affected by the partial or total damage or destruction of any of the improvements on the leased premises by fire. earthquake. or other casualty. The provisions of Sections 1932(2) and 1933(4) of the Civil Code of the State of California shall not apply to this lease, and Lessee waives the benefit of such provisions. 18. CONDEMNATION. If a part of the premises is condemned for a public use, and the remaining part is capable of occupation for the use specified in paragraph 4 by Lessee, this lease shall terminate as to the part taken on the date title vests in the condemnor and rent, if applicable, shall be reduced proportionate to the taking. If the entire or a part of the leased premises is taken or condemned so that there does not remain a portion capable of occupation for the use specified in paragraph 4 of this lease by Lessee. this lease shall terminate on the date title vests in the condemnor. 19. MECHANIC'S LIENS. Lessee shall keep the premises free from any liens arising out of any work performed, material furnished, or obligations incurred by Lessee. 20. COMPLIANCE VITI'H LAW. Lessee shall, at its sole cost and expense, comply with all requirements of all governmental authorities, such as of the United States, State of California. City of Cupertino, County of Santa Clara and any legal authority having jurisdiction, in force either now or in the future. affecting Lessee's use of the premises, and shall faithfully observe in hi:; use of the premises all laws, rules. and regulations of these authorities, in force either now or in the future. The judgment of any court of competent jurisdiction, or the admission of Lessee in any action or proceeding against Lessee or its members, whether Lessor be a party thereto or not, that Lessor has violated any such ordinance or statute in the use of the premises shall be conclusive of the fact as between Lessor and Lessee. Lessee shall comply with all applicable laws, statutes, ordinances. regulations, rules and other governmental requirements relating to the storage. use, clean-up and disposal of toxic waste and/or hazardous materiais. 6 Provided, however, that if during the term of this lease a change in. or addition of. law, regulation, or rule by these authorities requires correction or alleviation of naturally occurring conditions, including, but not limited to, weed and pest infestations, and disease conditions. that exist wholly or in part at the start of this lease, the correction or alleviation shall be performed by Lessee. but its cost shall be borne by both Lessor and Lessee in a proportion based on the extent to which the conditions required to be corrected exist at the time this lease starts. 21. INSURANCE. Lessor's Insurance. Lessor. at its sole cost and expanse, shall insure its activities in connecticn with this Lease and obtain. keep in farce and maintain insurance as follows: a. Comprehensive or Commercial Form General Liability Insurance (contractual liability included) with minimum limits as follows: 1. Each Occurrence $300,000 2. Productsi-ompleted Operations Aggregate $300.000 3. Personal and Advertising Injury $300,000 4. General Aggregate* $300,000 *applicable to commercial form only However, if such insurance is written on a claims-made form following termination of fibs Lease, coverage shall survive for a period of not less than three years. Coverage shall provide for a retroactive date of placement coinciding with the Lease Commencement Date of this Lease. b. Business Automobile Liability Insurance for owned, scheduled. non-owned, or hired automobiles with a combined single limit no less than $300,000 per occurrence. C. Fire and extended coverage in an amount equal to one hundred percent (100%) of the full replacement value of the Building to conform with then current codes and the costs of demolition and debris removal. excluding land and the footings. foundations and installations below the basement level. 7 The insurance and the coverages referred to under Article 21 shall be endorsed to include Lessee as an additional insured. Such a provision. however. shall apply only in proportion to and to the extent of the negligent acts or omissions of Lessor, its officers, agents, employees; or any person or persons under Lessor's direct supervision and control, and then only to the extent such supervision and control is required by law. Lessor upon the execution of this Lease shall furnish Lessee with Certificates of Insurance evidencing compliance with all requirements. Certificates shall further make provisions for thirty (30) day advance written notice to Lessee of any modification, change or cancellation of any of the above insurance coverages. It should be expressly understood, however, that the coverages required herein shall not in any way limit the liability of Lessor, its officers, agents. or employees. Lessee's Insurance. Lessee. at its sole cost and expense, shall insure its activities in connection with this Lease and obtain, keep in force and maintain insurance as follows: a. Comprehensive or Commercial Form General Liability Insurance (contractual liability included) or an equivalent program of self-insurance with minimum limits as follows: 1. Each Occurrence $300,000 2. Products/Completed Operations Aggregate $300,000 3. Personal and Advertising Injury $300.000 4. General Aggregate' $300,000 *applicable to commercial form only However, if such insurance or program of self-insurance is written+ on a claims-made. form following termination of this Lease, coverage shall survive for a period of not less than three years. Coverage shall provide for a retroactive date of placement coinciding with the Lease Commencement Date of this Lease. 8 b. Business Automobile Liability Insurance or an equivalent program of self- insurance for owned, scheduled. non-owned, or hired automobiles with a combined single limit no less than 5300,000 per occurrence. C. Property Insurance, Fire and Extended Coverage Form, or an equivalent program of self-insurance in an amount sufficient to reimburse Lessee for all of its equipment trade fixtures, inventory, fixtures and other personal property located on or in the Premises including leasehold improvements hereinafter constructed or installed. The insurance and the coverages referred to under Article 21 shall be endorsed to include Lessor as an additional ir. red. Such a provision, however. shall apply only in proportion to and to the extent of the negligent acts or omissions of Lessee, its officers, agents, employees; or any person or persons under Lessee's direct supervision and control, and then only to the extent such supervision and control is required by law. Lessee. upon the execution of this Lease, shall furnish Lessor with Certificates of Insurance evidencng compliance with all requirements. Certificates shall further make provisions for thirty (30) day advance written notice to Lessor of any modification, change or cancellation of any of the above insurance coverages. It should be expressly understood,however, that the coverages required herein shall not in any way limit the liability of Lessee, its officers, agents, or employees. 22. INDEMNIFICATION. Lessor's Obligation. Lessor shall indemnify, defend and hold harmless Lessee, its officers, agents and employees from and against any claims, damages, expenses, including an amount equal to reasonable attorney's fees, or liabilities arising out of or in any way connected with this Lease including, without limitation, claims, damages, expenses, or liabilities for loss or damage to any property, or for death or injury to any person or persons in proportion to and to the extent that such claims, damages, expenses, or liabilities arise from the negligence or willful acts or omissions of Lessor, its officers, agents, or employees. Lessee's Obligation. Lessee shall indemnify, defend and hold harmless Lessor, its officers, agents and employees from and against any claims, {damages, expenses. including an amount 9 equal to reasonable attorney's fees, or liabilitie arising out of or in any way connected with this Lease including, without limitation, claims, damages, expenses, or liabilities for loss or damage to any property or for death or injury to any person or persons in proportion to and to the extent that such claims. damages. expenses. or liabilities arise ham the negligence or willful acts or omissions of Lessee, its officers, agents, or employees. 23. WAIVERS OF SUBROGATION Lessor and Lessee each hereby waive any right of recoverl against the other due to loss of or damage to the property of either Lessor or Lessee when such 1.)ss of or damage to property arises out of the acts of God or any of the property perils whether or nct such perils have been insured, self-insured or non-insured. 24. REMEDIES. If Lessee breaches this lease and in the event Lessee does not cure said breach or make reasonable efforts to cure the breach, Lessor shall have the right of reentry, after having given ten days' notice, and the right to take possession of all crops, harvested or unharvested, and livestock and farm equipment and to remove all persons and property from warehouse or elsewhere at Lessee's expense and for his account. Lessor, at his election, shall become the owner of all crops of which he has so taken possession and, except when he elects to proceed under option (c) below, shall not be obligated to compensate Lessee for them. If Lessor elects to re-enter as provided above, or to take. ssion under legal proceedings or under any notice provided for by law: (a) Lessor may terminate this lease; or (b) Lessor may from time to time, without terminating this lease, relet the entire or any part of the premises for such terms (which may extend beyond the term of this lease) and at such rentals and other conditions as Lessor in his sole discretion deems advisable. Lessor also has the right to make alterations and repairs to the premises; or 10 (c) Lessor, or his agents or assigns, or a receiver appointed at his instance may (1) perform Lessee's duties under this lease, including such things as necessary in Lessor's opinion to carry out Lessee's operations contemplated by the lease. (2) charge the proceed from the sale of the crops or livestock with all reasonable costs of maintenance and husbandry, and (3) divide the remainder of the proceeds with Lessee in the same proportions as the proceeds would have been divided between Lessor and Lessee if Lessee had faithfully performed under this lease. If the costs exceed the proceeds, the deficiency shall be borne by Lessor and Lessee in the same proportions as would have been divided between Lessor and Lessee if Lessee had faithfully performed under this lease; or (d) Lessor may exercise all other rights that become available to him if Lessee breaches or defaults in his obligation under this lease. The rights and remedies given to Lessor in this Lease are distinct. separate, and cumulative remedies, and no one of them, whether or not exercised by Lessor, shall be deemed to be in exclusion of any of the others herein or by law or equity. No re-entry or taking possession of the premises by Lessor shall be construed as an election by him to terminate this lease unless a written notice of such an intention is given to Lessee or the lease is declared to be terminated by a court of competent jurisdiction. Nothing contained in this lease, and no security or guarantee that Lessor holds now or in the future under the lease, shall in any way constitute a bar or defense to an action by Lessor in unlawful detainer or for recovery of the premises. 25. INSOLVENCY, RECEIVER. Any one of the following constitutes a breach of this lease by Lessee: (a) the appointment of a receiver to take possession of all or substantially all assets of Lessee, or (h) a general assignment by Lessee for the benefit of creditors. it 26. 1iAZARDOUS 'MATERIAL. A. INDEMNITY. Lessee shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Premises by Lessee. its agents, employees, contractors or invitees. without the prior written consent of Lessor (which Lessor shall not unreasonably withhold as long as Lessee demonstrates to Lessor's reasonable satisfaction that such Hazardous Material is necessary or useful to Lessor's business and will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises). If Lessee breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Materials on the Premises caused or permitted by Lessee results in contamination of the Premises, or if contamination of the Premises by Hazardous Material otherwise occurs for which Lessee is legally liable to Lessor, then Lessee shall indemnify, defend and hold Lessor harmless from any and all claims,judgments. damages. penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Premises, damages for the loss or restriction on use of the Premises or of any amenity of the Premises, damages arising from any adverse impact on marketing of the Premises, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the lease term as a result of such contamination. This indemnification of Lessor by Lessee includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises caused or permitted by Lessee results in any contamination of the Premises, Lessee shall promptly take all actions at its sole expense as may be required by any governmental agency; provided that Lessor's approval of such actions shall rust be obtained, which approval shall not be unreasonably withheld. B. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance that is (i) defined as a "hazardous substance" under California law, (ii) petroleum, (W) asbestos. (iv) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1321), (v) defined as a 12 "hazardous waste" pursuant to Section 1004" of::,c ;-.deral Resource Conservation and Recovery Act, 42 U.S.C., § 6901 et seq. (42 U.S.C. § 6903), or California Health and Safety Code 25100, et seq., (vi) defined as "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. Q U.S.C.> § 9601), or (vii) defined as a "regulated substance" pursuant ra subchapter IX, Solid Waste Disposal Act (Regulation or Underground Storage Tanks, 42 U.S.C. § 6991, et seq.) 27. ATI'ORNEY'S FEES ON DEFAULT. In any action or proceeding by either party to enforce this lease or any provision thereof, the prevailing party shall be entitled to all costs incurred and to reasonable attorney's fees. 28. ASSIGNMENT OR SUBLETTING. Lessee shall not assign this lease, or any rights under it, and shall not sublet the entire or any part of the premises, or any right or privilege appurtenant to the premises, or permit any other person (the agents and servants of Lessee excepted) to occupy or use the entire or any portion of the premises; without first obtaining Lessor's written consent; provided that Lessor shall not unreasonably withhold or delay consent to assignment, sublease, or other transfer of use of possession of the premises. A consent to one assignment, subletting, occupation, or use by another person is not a consent to a future assignment. subletting, occupation, or use by another person. An assignment or a subletting without Lessor's consent shall be void. and shall, at Lessor's option, terminate this lease. No interest of Lessee in this lease shall be assignable to operation of law without Lessor's written consent. 29. WAIVER. The waiver by Lessor of a breach of any terra. covenant, or condition contained in this lease shall not be treated as a waiver of such term, covenant, or condition, or as a waiver of a future breach of the same or any other term, covenant, or condition contained in this lease. The acceptance of rent by Lessor shall not be treated as a waiver of a previous breach by Lessee of any term, covenant, or condition of this lease, other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of a previous breach at the time of acceptance of rent. 13 30. NOTICES. Any notice to be given to either paly by the other shall be in writing and shall be served either personally or by registered or certified mail addressed fellows: LESSOR: City of Cupertino LESSEE: University of California City Hall Office of the President Cupertino, CA 95014 Division of Agriculture and Naturai Resources Office of Administrative Procedures & Analysis Attn: Risk Manager 300 Lakeside Drive, 6th Floor Oakland, CA 94612-3560 31. SURRENDER AND RESTITUTION: Upon termination of this Lease in any manner, either wholly or in part, whether at the expiration of the full term or at any earlier time. other than as outlined in paragraph 12 as herein pro.,ided, Lessee shall surrender and deliver to Lessor the quiet and peaceable possession of said leased premises, including improvements made thereon, or that portion thereof as to which this Lease shall be terminated, including improvements made thereon, in substantially the same condition as when received, or in the case of improvements made thereon, reasonable wear and tear excepted. 32. LEGAL EFFECT. All covenants of Lessee contained in this lease are expressly made conditions. The provisions of this lease shall. subject to the provision on assignment, apply to and bind the heirs. successors, executors, administrators, and assigns of all parties to this lease; and all parties executing this lease as Lessee shall be jointly and severally liable under it. The titles or headings to the paragraphs of this lease are not a part of this lease and shall have no effect on the construction or interpretation of any part of this lease. 33. SE'VERABILTTY. If any portion of this Agreement is found to be illegal, invalid. or unenforceable, the remaining portions of this Agreement shall continue in full force and effect. 14 The provisions of this lease shall. subject to the provision on assignment,apply to and bind the heirs, successors,executors, administrators,and assigns of all parties to this lease, and all parties executing this tease as Lessee shall be jointly and severally liable under it. LESSOR: The CITY OF CUPERTINO, a municipal corporation ATTEST: CTTY OF CUPERTINO City Clerk Mayor APPROVED AS TO FORM: f / X" City Attorney LESSEE: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA RY ., Date: Toby R. Winer, Assistant Vice President for Administration Division of Agriculture& Newral Resources 15 M lE`� (Lo AC7 1-4 .t.tt�s•' ' ;I!tit r t'f rn ST�t:c� t Mz ncs i l N A` . EXHIBIT "A" s i CONSENT TO LICENSE AGREEMENT WHEREAS, THE UNITED STATES OF AMERICA. DEPARTMENT OF ROUSING AND URBAN DEVELOPMENT. hereinafter called "1RM", has provided financial assist- ance to THE CITY OF CUPERTINO, hereinafter called "City". for the purpose of developing the premises which are subject to the License Agreement to which this document is attached; and WHEREAS, the agreement between the City and HUD for such financial assistance requires that any change in the use of the subject premises be subject to the written consent of RUD. NOW, THEREFORE, for and in consideration of the mutual promises, covenants and agreements made between the patties to this License Agree- ment. which inure to the benefit of HUD, HUD hereby consents to the use of said premises under the terms ana conditions specified in said License Agree- ment. DATED: Marc), THE UNITED STATES OF AMERICA. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Area Director San Francisco Area Office £V_1-1 1 i3 1 T C3 No. DANK 170 93/94 Division of Agriculture & Natural: Resources This Certificate is issued to: University of California City of Cupertino 3(k) Lakeside Dr., 6th Moo,.- Department of Parks and Recreation Oakland, CA 94612-3564) 103(X)'Torre Avenue (S 10) 987-0859 Cupertino, CA 95014--32i5 UNIVERSITY OF CALIFORNIA CERTIFICATE OF SELF-INSURANCE This is to certify Thar the University of California is self-insured for the following coverages: 'Type of Coverage Self-Insured Limits I. GENERAL LIE'MLITY: Each Occurrence S 300'OO' Products and Completed Operations Aggregate S 300,W0 Personal and Advertising Injury S 3(X),000 Other ---------------- General Aggregate (Bodily Injury & Property Damage) S 300 W 11. AM'ONIOBILE LIABILITY: Vehicles owned, Non-owned and Hired S 3W,000 III. SPECIAL TF:RI`3S & C.ONDITIONS: I. The Citv of Cupertino, its officers, agents anu employees are hereby named as additional insureds, but only in connection with the sanctioned Regents' activities conducted through the auspices of the Santa Clara County Cooperative Extension for all activities to be held at the City of Cupertino facilities. Specific times, crates and activities which invoke this certificate must he attached to the certificate in order to be covered; this provision shall apply to claims, costs, injuries or damages but only in proportion to and to the extent such claims, costs, injuries or damages are caused by or result from the negligent acts or omissions of The Regents of the University of California, its officers, agents, or employees. 2. It should be expressly understood, however, that the intent of the insurance evidenced herein follows the provisions of the Bylaws and Standing Orders of The Regents of the University of California, which do not permit any assumption of liability which does not result from and is not caused by the negligent acts or omissions of its officers, agents, or employees. Any indemnification or hold harmless clause with broader provisions than required under such Bylaws and Standing Orders shall invalidate this certificate. Should any of the above described programs of self-insurance be modified or cancelled before the expiration date shown below, The Regents of the University of California will give 30 days written notice to the named certificate holder. /'� 3 DATE ISSUED: November 12, 1993 �` 1 AUTHO ZED SIGNATURE CERTIFICATES EXPIRES: July 1, 1998. Risk Manager L' NIVFRS' 1 `fl' Cif= CAI fFOR' 4,� 1 gyp... 111 i'!t I ��1 \ cflFt A i 111} i'Ri�ifl4[ ,'i `` November 11, 1993 ,I;,t Ms. Kim Smith City Clerk Citv of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Dear Ms. Smith: Enclosed is a certificate of insurance covering the activities of the University of California Santa Clara County Cooperative Extension for a period of five years. This completes the University's requirement of the recently executed lease. Please forward an insurance certificate to me fulfilling the City's requirements as per the lease. If you have questions, please contact me at the number listed below. Thank you. Sincerely, Kay Collins-Hubbard Frisk Manager (510) 987-0859 Enclosure c: Craig Kolodge, Santa Clara County Cooperative Extension Director