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HomeMy WebLinkAbout93-039 Friends of Stevens Creek Trail r 93-039 FRIENDS OF STEVENS CREEK TRAIL RESOLUTION NO. 9550 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXEC;JTION OF LEASE AND CARETAKER AGREEMENT BETWEEN CITY OF CUPERTINO AND FRIENDS OF STFVENS CREEK TRAIL FOR THE MCCLELLAN RANCH HOUSE NWHEREAS, there has been presented to the City Council a proposed Lease and Caretaker Agreement between the City of Cupertino and the Friends of Stevens Creek Trail providing for use of a portion of the McClellan Ranch House; and VTHEREAS, the terms, conditions and provisions of the agreement have been reviewled and approved by the City Attorney and the Director of Parks and Recreation. 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 16th day of Janury, 1996, by the `ollowing vote: YQt� Mernbers.Qf the City Council AYES: Bautista, Chang, Dean, Sorensen, Burnett NOES: None ABSENT: None ABSTAIN: :;one A17EST: APPROVED: /s/ Roberta Wolfe /s/ Don Burnett Dep. City Clerk Mayor, City of Cupertino resoluti/res9550.doc City Hal! 103001'orre Avenue Cupertino,CA 95014-3202 ,Telephone: (408)777-3223 i l v m' FAX: (408)77 rr-33366 C+t>pci-tit*0 OFFICE OF TI11 CLERK January 24, 1996 Rhonda Scherber Friends of Stevens Creek Trail 852 Runningwood Circle Mountain View, California 94040 AGREEMENT 16ETWEEN THE CITY OF CUPERTINO AND FRIENDS OF STEVENS CREEK TRAIL Enclosed is one fully executed agreement by and between the City of Cupertino and Friends of Stevens Creek Trail. This agreement shall commence on December .1, 1995, and shall terminate on November 30, 1997. If you have any questions or need additional information; please contact Steve Dowling (408) 777- 3110. Sincerely, es KIMBERLY SMITH, CMC CITY CLERK KS/cs Enclosure i 5urlrvl cn llF`rVriud I'.qc•r 0 LEASE AND CARETAKER AGREEMENT FOR THE McCLEL.LAN RANCH HOUSE This Lease and Caretaker Agreement ("AGREEMENT") is made by and between the City of Cupertino ("CITY") and the Friends of Stevens Creek Trail, a California corporation, ("LESSEE"). The premises to be leased by this AGREEMENT is a portion of what is commonly known as the "McClellan Ranch House," and more particularly described as 22221 McClellan Road, McClellan Ranch Park, City of Cupertino, County of Santa Clara, State of California ("PREMISES"). The PREMISES consist of one office within the ranch house consisting of 81 square feet, together with the non-exclusive use of hallways, restrooms, and outside parking facilities. This AGREEMENT is entered for the purpose of making available for lease of the PREMISES owned by the CITY on the condition that: (1) the LESSEE pay the rent above described, (2) the LESSEE is responsible for caretaking duties of the PREMISES site as set forth in the terms of this AGREEMENT, and (3) the LESSEE provides the CITY with educational programs, and informational workshops to the Cupertino community as set forth in the terms of this AGREEMENT. CITY AND LESSEE AGREE AS FOLLOWS. I. LEASE TERM: The lease of' the PREMISES shall commence on December 1, 1995 and end two years later, on November 30, 1997, at which time the lease may be renegotiated after evaluation by the CITY. 2. RENT: Rent shall be based upon the rate of $1.00 per square foot per month. Effective December 1, 1995, LESSEE shall occupy the back office of 81 square feet for a monthly rate of$81.00. Total rent shall be $81.00 payable in advance on the first day of each calendar month. LESSEE shall pay rent to CITY at 10300 Torre Avenue, Cupertino, California, Attention Finance Director, Room 101. In the event rent is not paid within ten (10) days after the date due, rent is deemed late and delinquent and a late charge of $20.00 plus interest at the rate of 10% per annum on the delinquent amount shall be assessed. LESSEE further agrees to pay $20.00 for each dishonored bank check. O 3. S TII I TIFS, ILL.EPHONE. QEFICE F. ENT: CITY shall be responsible for the payment of all utility bills applicable to tl d PREMISES including water, electrical services, garbage and janitorial services for said PREMISES. LESSEE shall be responsible for its own telephone service and shall provide for its own office equipment and furnishing. 4. TAXES: LESSEE shall be responsible for payment of any and all possessory interest property taxes. 5. MAINTENANCE: CITY shall be responsible for maintaining the PREMISES, including doorways, windows, sidewalks adjacent to said PREMISES and the interior of the PREMISES in good .anitary order, condition and repair, normal wear and tear excepted, provided, however, that LESSEE shall be responsible for damages caused by the negligence of its employees, invitees or guests. LESSEE shall no; commit waste on the PREMISES. 6. ALTERATIONS AND REPAIRS/ACCESS: LESSEE shall not paint, paper, or make alterations to the PREMISES without prior written consent from the CITY. LESSEE shall permit the CITY and its agents to enter into and upon the PREMISES at all reasonable titres for purposes of inspecting the same or for the purpose of maintaining or repairing the PREMISES. Access to the PREMISES is limited to CITY employees or agents, LESSEE employees or agents, and members of the public receiving services provided by LESSEE. 7. HOURS OF QPERATION: LESSEE shall maintai'i an office facility during normal hours of operation. LESSEE shall determine its own hours of operation, provided that said hours are between 8:00 a.m. and 10:00 p.m. LESSEE shall be responsible for securing the facility and setting of the burglar alarni at the enc.of each day. 8. COMMON AREA/PARKING: LESSEE may utili:�e the hallways, restrooms, and parking facilities without additional rent; provided, how{:ver, that if LESSEE wishes to utilize other areas of McClellan Park for which CITY normally charges a user fee, LESSEE shall be responsible for payment of said fee. CITY shall be entitled to utilize all common areas for program activities upon giving LESSEEE seven (7) days advance notice. CITY retains the right to designate exclusive parking for LESSEE, or any other LESSEE of the PREMISES, or in the event that, in the opinion of the CITY, the parking lot becomes over-utilized. It is estimated that LESSEE's need for parking shall not exceed 12 spaces. 9. INSURANCE: LESSEE shall maintain insurance as outlined in the insurance and indemnity requirements as set forth in Exhibit A. attached hereto and incorporated herein by this reference. 2 10. (ND MNIFICATI ) CITY shall not be liable for any damage or injury to any employee, guest, or invitee, or to any property occurring within the PREMISES or within the common areas. LESSEE agrees to hold CITY harmless from any claims f'or damages unless such damage is the proximate. result of negligence or unlawful conduct of CITY. its agents or employees. 11. SUBLETTING AND ASSIGNMENT LESSEE shall not assign, sublet. or transfer this lease or any portion thereof. Any attempt to assign, sublet, or transfer shall be void and shall constitute grounds for the termination of this lease by the CITY. 12. ANJAJALs: No animals shall reside in or on the PREMISES without prior written consent of the CITY. 13. QRDJNANCES qND SIATUTFS: LESSEE shall comply with Cupertino's Municipal. Ordinances and all State and Federal Statutes and Ordinances now in force, or which may hereafter be in force pertaining to the use of the PREMISES 14. SIGNAGE: The CITY shall provide signage designating facility and organizations utilizing the facility. 15. CARETAKER DUTIES: As caretakers of the PREMISES and the surrounding grounds, LESSEE promises to do the following: a.) Require that its employees who regularly operate the PREMISES obtain training from the CITY's Naturalist and become familiar with the McClellan Park Rules and Title 13 of the Cupertino Municipal Code, which governs the use of parks and buildings of the CITY. Report to CITY's code enforcement and vioiations of the above- referenced regulations found by LESSEE (a copy of Cupertino Municipal Code, Title 13, is attached hereto as Exhibit B). b) Notify the CITY's Parks and Recreation office prior to any absence from the PREMISES for any extended period of time. c) Report incidents, such as park misuse and vandalism, and any emergencies, such as burglaries, to the McClellan Ranch Caretaker or, if he is unavailable, to the County Sheriff. In the event the Sheriffs office is involved, report the incident to the Director of Parks and Recreation. (CITY shall furnish LESSEE with a list of contact numbers prior to occupancy of the PREMISES). 16. RETURN OF KEYS: Upon termination of this AGREEMENT, the keys to the PREMISES including all duplicated sets, are to be hand delivered to CITY's Parks and Recreation Director or an authorized representative. 3 IT HOLDING OVER: Any holding over after the expiration of the lease term, with the written consent of the CITY, shall be construed as a month-to-month tenancy in accordance with the terms of this AGREEMENT, until either party terminates the tenancy by giving the other party thirty (30) days written notice delivered by certified mail. 18. GROUNDS FOR TERMINATION: CITY retains the right to terminate this AGREEMENT upon any breach by LESSEE, of any material term, provision, covenant or condition thereof CITY shall first provide LESSEE written notice of any perceiv-d breach in this AGREEMENT and LESSEE shall have ten (10) days to correct or resolve said condition. Either party may terminate this Agreement at any time by giving ninety (90) days written notice to the other party. Unless otherwise terminated in accordance with the terms of this Agreement, this Agreement shall continue in force and effect for the period specified in Section One of this Agreement. 19. WAIVER The failure of CITY to exercise any right hereunder shall not constitute waiver of such right. 20. ATTORNEYS' FEES: If legal action is commenced to enforce or to declare the effect of any provision of this AGREEMENT, the prevailing party shall be awarded attorneys' fees and costs incurred in such action. 21. TIME: Time is of the essence of this AGREEMENT. 22. EXHIBITS: All Exhibits hereto, specifically Exhibits A and B, are incorporated herein and made part of this AGREEMENT by this reference. 23. ENTIRE AGREEMENT: This AGREEMENT consisting of seven (7) pages. constitutes the entire AGREEMENT and supersedes any prior agreement between the parties. 24. ADDITIONAL. DUTIES OF, LFS F : LESSEE and CITY are entering into this Lease and Caretaker Agreement with goals of enhancing the quality of environmental programs for the CITY and providing a natural area for the conduct of some of LESSEE'S ongoing activities. As such, both the CITY through the CITY Naturalist, and LESSEE agree to work together throughout the term of this Lease to try to develop a program of activities mutually beneficial to CITY and LESSEE. 4 LESSEE has executed this Lease and Caretaker Agreement for the PREMISES in McClellan Ranch Park on this day of 1995. By / ,> �_ Friends of Stevens Creek Trail CITY has executed this Lease and Caretaker �ementfor the PREMISES in ::McClellan Ranch Park on this o?3��C._day of y ,, LLLLL D6nald D. Blown City Manager Attested By Kim Smith Citv Clerk 1 Approved as to form / G Charles T.*Htivn #"/i XN City Attorney Attachments: Exhibit A- Insurance and Indemnity Requirements Exhibit B -Cupertino Municipal Code,Title 13 5 EXHIBIT A INSURANCE AND MMMMTY REQUIREMENTS Indemnity: LESSEE agrees to indemnify and hold harmless the City of Cupertino, its officers, employees and elected officials, boards and commissions from all suits, actions, claims, causes of action, costs, demands,judgments and liens arising out of the LESSEE'S performance under the AGREEMENT, including the LESSEE'S failure to comply with or carry out any of the provisions of the AGREEMENT. aura=: LESSEE shall take out prior to commencement of the performance of the terms of the AGREEMENT, pay for, and maintain until completion of the AGREEMENT, the following types of Policies. These Policies must cover at least the following,which are minimum coverages and limits. I. Comprehensive General i is ility Insurannce; including the following: A. Premises Operations (including completed operations, if the exposure exits). B. Broad Form Blanket Contactual. C. Personal Injury coverages A, B and C. I. All coverages must have a minimum of $1,000,000 per occurrence, $2,000,000 aggregate. II. Workers Compensation: LESSEE shall provide CITE' with a copy of LESSEE'; Workers Compensation coverage. III. Endorsements: On all required insurance the following endorsements must be a part of each policy. A. The City of Cupertino, its officers and employees, and agents are to be additional insured. B. Thirty (30) days notice of cancellation or reduction in coverage of any nature must be given to the City of Cupertino. C. The insurance policies must be endorsed to show that they are primary, and any other valid and collectible insurance the City of Cupertino may have will be excess only. D. All insurance policies must be satisfactory to the City of Cupertino. 6 01I.D1.`:A4NCE ,:0. 710 EXHIB11 H AN OUIMNCE 017 T111' CITY OF CUPERTIMO A`IENDING CRAPTYP 13.04 OF THE CUPF:1'TINO MU`ICIrAL COPE TO PROVIDL FOR NATUP.E At:D/OR. F;i; AL PRESERVE. T11E CITY COU"CIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: Tl,: followin,v provisions %re hereby added to Chapter 13.04 of the Cupertino Municipal Code: Section 13.04.020 - Definitions I. Nature and/or Rural Preserve - i. park so designated by the City Council pursuant to Section 13.04.201. Section 13.04.201 - Nature and/or Rural Preserve A. Any park characterized by such unique natural features that it is deemed a valuable and irreplaceable resource may be designated by the City Council either by ordinance or resolution as a Nature and/or Rural Preserve, in which event it shall be used and -treated in u .manr.er consistent therewith. B. Uses shall be limited to those which will maintain and p-otect the ecology of the area, conserve..the natural features and scenic values, expand community awareness and understanding of natural history and the environment, and provide enjoyment of the resources present consistent with *their preservation. C. McClellan Ranch Pail: is hereby designated a Nature and Rural Preserve. Section 1.3.04.202 - Regulations and Guidelines The City Council shall, by resolution, adopt regulations controlling, th= use, and guidelines pertaining �o the develcpment- of, any'park designated as a Nature and/or Rural Preserve. Any such regulations adopted by the City Council shall, where inconsistent therewith, take precedence over any general regulations contained in Chapter 13.04. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 3rd day of November , 1975. , and ENACTED at a regular meeting of the City Council of the- City of Cupertino this Sth day of January , ' 1976, by the following vote: Vote Members of the City Council AYES: Neyersi Nellis, Sparks, Jackson NOES: None ARSE\T: Frolich ABSTAI;I: None ATTEST: APPROVED: /s/ Wm. E. Rvder 7 /s/ James E. Jackson City Clerk Ma •or, City of Cupertino RESOLUTION NO. 9190 A RESOLUTION OF THE CITY COUNCII, OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE FRIE'.�TDS OF STEVENS CREEK TRAIL W' EREAS, there has been presented to the City Council an agreement between The Frienas of Stevens Creek Trail and the City of Cupertino providing for definition of the relatoinship between the City and the Friends and outlining responsiblities for both parties; and WHEREAS, the terms, conditions and provisions of the agreement have been reviewed and approved by the City Attorn.�y ?nd the Director of Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned agreement and authorizes the City Manager 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 19th day of Sevtember . 1994 by the following vote: V= McmbersdtU City Sound AYES: Bautista, Burnett, Dean, Sorensen, Koppel NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kim Marie Smith /s/ Barb Koppel City Clerk _ Mayor, City of Cupertino AGREEMENT BETWEEN THE CITY OF CUPERTINO AND TVE FRIENDS OF STEVENS CREEK This Agreement is made and entered into on September_19 . I994 by and between the CITY OF CU 'ERTINO, hereinafter referred to as "CITY,"municipal corporation of California, ano FRIENDS OF STEVENS CREEK TRAIL. hereinafter referred to as "FRIENDS," a California nonprofit corporation. RECITALS FRIENDS and CITY each agree and represent that the purpose and intent of this Agreement is to promote cooperation,to recognize mutual interest, acid to formulate provisions governing the relationship between FRIENDS and CITY. NOW, THEREFORE, the parties agree as follows: Article 1. Obligation of FRIENDS and CITY. A. Ouligations of FRIENDS. I. Community Awareness. FRIENDS shall conduct activities such as educational and promotional talks before civic, school and governmental agencies and plan and conduct trail runs, walks, cleanup days, special events and other similar activities. ?. Fund Raising. Funds raised by FRIENDS shall be used by CITY to augment other funds available to CITY for the Stevens Creek Trail Project. CITY shall not reduce or replace other funds or funding levels for the Trail because of the availability of funds from FRIENDS. Fund raising will include the collection of private donations through activities such as a gift catalog, special events and solicitation. Funds raised by such activities, except for reasonable operating expenses of the Friends, shall be transferred to the Cities for the purpose of supporting the development of Stevens Creek Trail. 3. Nenprofit Status. During the entire term of this Agreement, FRIENDS shall apply for and/or remain a private, educational and charitable corporation which is recognized by State and Federal tax authorities as authorized to accept contributions which are deductible from income tax. Future changes in Federal and State law eliminating or reducing tax reductions for such contributions shall not result in a breach of this Agreement unless FRIENDS fails or refuses to make changes in its organization, operations or legal authority to operate as necessary,to retain a nonprofit s*atus. s 4. Mailing. FRIENDS shall pay all mailing and distribution costs of all publications it generates or authorizes, including special advertising and publications associated with fund-raising activities. 5. Reporting or, Use of Funds and Examinations of Documents. a. Annual report. FRIENDS will provide to the City's Parks and Recreation Department, copies of annual reports and board meeting minutes. b. Examination and submittal of records. FRIENDS steal: make available all of its financial records at any reasonable time for examination by the City Manager or his designee,and shall, upon request, provide copies of such records to CITY's representatives. FRIENDS will provide an annual financial statement, including a balance sheet and statement of operations, which shall also include all amounts remitted to CITY. C. Minutes of board meetings. 5. Insurance. FRIENDS shall take out prior to commencement of the performance of the terms of the AGREEMENT, pay for, and maintain until completion of the AGREEMENT, the following types of Policies. These Policies must cover at least the following, which are minimum coverages and limits. I. C_ oo gnrehensiN .&nerai_Liability Insurance; including the following: A. Premises Operations(including completed operations, if the exposure exits). B. Broad Form Blanket Contractual. C. Personal Injury coverages A, B and C. i. All coverages must have a minimum of$1,000,000 per occurrence, $2,000,000 aggregate. 2 7. Indemnification. FRIENDS hereby agree to and shall indemnify, defend and hold CITY, its officers. agents and employees harmless from any liability for damage or claim for damage for personal injury, including death, and/or property damage which may arise from the willful misconduct or negligent performance of this Agreement by FRIENDS or FRIENDS' volunteers, participants, agents or employee operations under this Agreement. 8. Meetings To Be Open;Notice. Board meetings of FRIENDS shall be open to the public. 9. Trail Work Days. As arranged with the Department of Public Works, FRIENDS shall provide periodic trail and creek work days. B. The Obligations of CITY. 1. CITY shall provide office space for FRIENDS at McClellan Ranch Park as per a separate agreement. 2. CITY shall keep officers of FRIENDS informed of relevant issues pertaining to the development of the Stevens Creek Trail. a. City facilities will be made available to the FRIENDS for meetings and fund raising events, subject to City's policies on use of City facilities. b. City shall establish appropriate accounting procedures for CITY to use when processing funds accepted from FRIENDS. Such procedures shall provide an auditable tracking of revenues and expenditures of funds turned over to CITY by FRIENDS. 3. CITY Representation. The Director of Parks and Recreation shah serve as City liaison to FRIENDS. 3 A Article. Il. Term of Agreement. Breach. Other Conditions. A. Term of Agreement. This Agreement shall commence on the date written above and continue indefinitely unless eith--r party gives written notice in writing of its intent to terminate at least sixty (60) days prior to the effective date of termination. In the event the agreement is terminated. FRIENDS shall submit to City a final accounting of funds raised. B. Termination. This Agreement may be terminated by either party for material breach of its terms or obligations. Prior to such termination,the terminating party shall give written notice of the breach and shall allow a ninety (90)day period in which to cure the breach. In addition to any other remedy provided by law, any material or financial irregularity coming to the attention of CITY may be cause for immediate suspension of the agreement until a remedy or explanation of the irregularity is made to the satisfaction of CITY's Finance Director. C. Modification of Agreement. This Agreement may be modified at any time upon the agreement of both parties. The party wishing the modification shall submit a written.proposal for modification to the address provided for notice. D. Notices. Any notice required to be given by this Agreement shall be sufficient if hand delivered, mailed, faxed or sent prepaid by commercial overnight delivery services as follows or to such other addresses as the affected party shall specify in writing. To CITY: Director of Parks and Recreation City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 To FRIENDS: Friends of Stevens Creek Trail McClellan Ranch Park 22221 McClellan Road Cupertino, CA 95014 4 E. No Assignment. This Agreement is personal to FRIENDS and shall not be assigned by FRIENDS at any time without the express written consent of CITY's City Council. Neither shall FRIENDS assign any of its rights hereunder without such consent. CITY's City Council retains the right to approve or deny such an assignment in its sole and absolute discretion. F. No Hypothecation. FRIENDS shall not hypothecate or otherwise encumber or borrow against any asset, right of action,funds or other thing of value provided to FRIENDS by CITY without the express written consent of CITY's City Council. CITY's City Council retains the right to approve or deny approval of such transaction in its sole and absolute discretion. G. Authority to Act. Unless otherwise specified in this Agreement,CITY's City Manager or his or her written designee shall be the sole party authorized to act on behalf of CITY with regard to this Agreement. Unless otherwise specified in this Agreement. FRIENDS' president or his or her written designee shall be the sole party authorized to act on behalf of FRIENDS. Dated for convenience and effective on the date first written above and executed at Cupertino, California. By Friends of Stevens Creek Trail Presie.-,nt ` B /6 y D66'nald D. Brown City Manager Attested By Kim Smith City Clerk Approved as to form Charles T. Kill City Attorney FA City gall ®' 10 300 Torre.Avenue Cupertino, CA 95014-3202 Telephone: (408)777-3223 FAX: (408)777-3366 l i j w rt 1110 01-TICE OI'Tt1E CITY CLERK September 26, 1994 Rhonda Scherbcr Friends of Stevens Creek Trai! 852 Runningwood Circie Mountain View, California 94040 CITE' COUNCIL ACTION - AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE FRIENDS OF STEVENS CREEK TRAIL At their regular meeting of September 19, 1993, the Cupertino City Council adopted Resolution No. 9190, authorizing execution of an agreement with Friends of Stevens Creek Trail. A copy of the resolution and three (3) copies of the agreement are enclosed. Please sign the enclosed agreements and return two copies to this office; the third copy may be kept for your files. If you have any questions regarding this action, please contact the Department of Parks and Recreation. Sincerely, es KIM MARII�, SMITI-I CITY CLERK KS/cs cc: Dept. of Parks and Recreation 1'nntu! n Hcpr6rd f'.i{• 1W City of Cupertino '10300 Turk AvIVIAIV C usn•rimo.( A 95014-1 5S li•ii.`I>I)nt,e' �40?S,�e_,`-4tiU°, FAX. i40151 252-0751 D PARf'OfNi Of if11, FRh, December 13, 1993 Rhonda Sclierbcr Friends of'Stevcns Creek Trail 852 Runnlngwood Circle Mountain Vicw. California 94040 LEASE AND CARETAKER AGREEMENT' FOR MCCLELLAN RANCI-I HOUSE Enclosed is the original and one copies of the Lease and Caretaker Agreement between the friends of Stevens Creek Trail and City of'Cupertino along with copies of Resolution No. 9000 authorizing execution of' this agreement. Both copies of the agreement have been signed by the appropriate city officials. I'ieasc return one of' the agreements alter it has been executed on behalf of your organir_ation. I f you have any questions, p(case contact this off ice. Sincerely. ' /,Crrc CiS KIM MARIE SMITI-I CITY CLERK KS/cs Enclosures Citm of cupertiflo 103Ci0 Turn•AVPn UP (uftert0nu.C A 15014-3255 h-le phonv: (4iY31 252-4505 FAX: 008)252-0753 DEPARI MEIN 1 Of THE CITY CLERK December 15, 1993 Rhonda Scherber I-riends of Stevens Creek Trail 852 Runningwood Circle Mountain View, California 94040 CITE' COUNCIL ACTION - AUTHORIZATION FOR EXECUTION OF LEASE AGREEMENT WITH FRIENDS OF STEVENS CREEK TRAIL At their regular meeting of December 6, I993, the Cupertino City Council adopted Resolution No. 9000, authorizing execution of an agreement with h-Kencds of Stevens 0-eek Trail and waived the $250 deposit for the leasing of office space at McClellan Ranch Park. If you have any questions regarding this action, please contact the Department of' Parks and Recreation. Sincerely, c KIM MARIE SMITH CITY CLERK KS/cs cc: Dept. of Parks and Re n.-ation LEASE AND CARETAKER AGREEMENT FOR THE McCLELLAN RANCH HOUSE This Lease and Caretaker Agreement ("AGREEMENT") is made by and between the City of Cupertino ("CITY") and the Friends of Stevens Creek Trail, a California corporation, ("LESSEE"). The premises to be leased by this AGREEMENT i a portion of what. is commonly known as the "McClellan Ranch House," and more particularly described as 22221 McClellan Road, .McClellan Ranch Park, City of Cupertino, County of Santa Clara, State of California ("PREMISES"). The PREMISES consist of one office within the ranch house consisting of 81 square feet, together with the non-exclusive use of hallways,restrooms, and outside parking facilities. This AGREEMENT is entered for the purpose of making available for lease of the PREMISES owned by the CITY on the condition that: (1) the LESSEE pay the rent above described, (2) the LESSEE is responsible for caretaking duties of the PREMISES site as set forth in the terms of this AGREEMENT, and (3) the LESSEE provides the CITY with educational programs, and informational workshops to the Cupertino community as set forth in the terms of this AGREEMENT. CITY AND LESSEE AGREE AS FOLLOWS: 1. LEASE TERM: The lease of the PREMISES shall commence on December 1, 1993 and end two years later, on November 30, 1995, at which time the lease may be renegotiated after evaluation by the CITY. 2. RENT: Rent shall be based upon :the rate of $1.00 per square foot per month. Effective December 1i 1993, LESSEE shall occupy the back o rice of 81 square feet for a 1r monthly rate of$81.00. Total rent shall be $81.00 payable in advance on the first day of L. each calendar month. LESSEE shall pay rent to CITY at 10300 Torre Avenue, Cupertino, California, Attention Finance Director, Room 101. In the event rent is not paid within ten (10) days after the date due, rent is deemed late and delinquent and a late charge of $20.00 plus interest at the rate of 10% per annum on the delinquent amount shall be assessed. LESSEE further agrees to pay $20.00 for each dishonored bank.check. �. SLCURI.I'Y DEPOSIT: A security deposit of$250.00. not applicablc toward the R '' last month's rent payment, shall be due and payable at the commencement of this term. f`4� 4. UTILITIES, TELEPHONE. OFFICE EQUIPMENT: CITY shall be responsible for the payment:of all utilitN bills applicable to the PREMISES including water. electrical services, garbage and janitorial services for said PREMISES. LESSEE shall be responsible for its own telephone service and shall provide for its own office equipment and furnishing. 5. TAXES: LESSEE shall be responsible for payment of any and all possessory interest property taxes. 6. MAINTENANCE: CITY shall be responsible for maintaining the PREMISES, including doorways, windows, sidewalks adjacent to said PREMISES and the interior of the PREMISE' in good and sanitary order, condition and repair, normal wear and tear excepted, provided, however, that LESSEE shall be responsible for damages caused by the negligence of its employees, invitees or guests. LESSEE shall not commit waste on the PREMISES. 7. ALTERATIONS AND REPAIRS/ACCESS: LESSEE shall not paint, paper, or make alterations tc, the PREMISES without prior written consent from the CITY. LESSEE shall permit the CITY and its agents to enter into and upon the PREMISES at all reasonable times for purposes of inspecting the same or for the purpose of maintaining or repairing the PREMISES. Acces to the PREMISES is limiter' to CITY employees or agents, LESSEE employees or agents, and members of the public receiving services provided by LESSEE. 8. H UR.S OF OPERATION: LESSEE shall maintain an office facility during normal hours of operation. LESSEE shall determine its own hours of operation, provided that said hours are between 8:00 a.m. and 10:00 p.m. LESSEE shall be responsible for securing the facility and setting of the burglar alarm at the end of each day. 9. COMMON AREA/PARKIN LESSEE may utilize the hallways, restrooms, and parking facilities without additional rent; provided, however, that if LESSEE wishes to utilize other areas of McClellan Park for which CITY normally charges a user fee, LESSEE shall be responsible for payment of said fee. CITY shall be entitled to utilize all common areas for program activities upon giving LESSEE seven (7) days advance notice. CITY retains the right to designate exclusive parking for LESSEE, or any other LESSEE of the PREMISES, or in the event that, in the opinion of the CITY, the parking lot becomes over-utilized. It is estimated that LESSEE's need for parking shall not exceed 12 spaces. 2 10. INSURANCE: LESSEE shall maintain insurance as outlined in the insurance and indemnity requirements as set forth in Exhibit A, attached hcre-o and incorporated herein by this reference. 11. INr)EMNIFICATIQN: CITY shall not :)e liable for any damage or injury to any employee, guest, or invitee, or to any property occurring within the PREMISES or within the common areas. LESSEE agrees io hold CLOY harmless from any claims for damages unless such damage is the proximate result of Negligence or unlawful conduct of CITY, its agents or employees. 12. SUBLETTING AND ASSIGNMENT: LESSEE shall not assign, sublet, or transfer this lease or any portion thereof. Any attemn* to assign, sublet, or transfer shall be void and shall constitute grounds for the termination of this lease by the CITY. 1.3. ANIMALS: No animals shall reside in or on the PREMISES without prior written consent of the CITY. 14. ORDINANCES AND STATUTES: LESSEE shall comply with Cupertino's Municipal Ordinances and all State and Federal Statutes and Ordinances now in force, or which may hereafter be in force pertaining to the use of the PREMISES 15. SIGNAGE: The CITY shall provide signage designating facility and organizations utilizing the facility. 16. CARETAKER DUTIES: As caretakers of the PREMISES and the surrounding grounds, LESSEE promises to do the following: a) Require that its employees who regularly operate the PREMISES obtain training from the CITY's Naturalist and become familiar with the McClellan Park Rules and Title 13 of the Cupertino Municipal Code, which governs the use of parks and buildings of the CITY. Report to CITY's code enforcement and violations of the above- referenced regulations found by LESSEE (a copy of Cupertino Municipal Code, Title 13, is attached hereto as Exhibit B). b) Notify the CITY's Parks and Recreation office prior to any absence from the PREMISES for any extended period of time. c) Report incidents, such as park misuse and vandalism, and any emergencies, such as burglaries, to the McClellan Ranch Caretaker or, if he is unavailable, to the County Sheriff. In the event the Sheriffs office is involved, report the incident to the Director of Parks and Recreation. (CITY shall furnish LESSEE with a list of contact numbers prior to occupancy of the PREMISES). 3 17. I E"U N OF KEYS: Upon. termination of this AGREEMENT, the keys to the PREMISES including all duplicated sets, are to be hand delivered to CITY's Parks and Recreation Director or an authorized representative. 18. HOLDING OVER: Any holding over after the expiration of the lease term, with the %vrittzn consent of the CITY, shall be construed as a month-to-month tenancy in accordance with the terms of this AGREEMENT, until either party terminates the tenancy by giving the other party thirty (30) days written notice deiivered by certified mail. I9. GROUNDS FOR TERMINABON: CITY retains the right to terminate this AGREEMENT upon any breach by LESSEE, of any material term, provision, covenant or condition thereof. CITY shall first provide LESSEE written notice of any perceived breech in this AGREEMENT and LESSEE shall have ten (10) days to correct or resolve said condition. Either party may terminate this Agreement at any time by giving ninety (90) days written notice to the other party. T.Jnless otherwise terminated in accordance with the terms of this Agreement, this Agreement shall continue in force and effect for the period specified in Section One of this .Agreement. 20. WAIVER: The failure of CITY to exercise any right hereunder shall not constitute waiver of such right. 21. ATTORNEYS' FEES: If legal action is commenced to enforce or to declare the effect of any provision of this AGREEMENT, the prevailing party shall be awarded attorneys' fees and costs incurred in such action. 22. TiME: Time is of the essence of this AGREEMENT. 23. EXHIBITS: All Exhibits hereto, specifically Exhibits A and B, are incorporated herein and made part of,-this AGREEMENT by this reference. 24. ENTIRE AGREEMENT: This AGREEMENT consisting of six (6) pages, constitutes the entire AGREEMENT and supersedes any prior agreement between the parties. 25. ADDITIONAL DUTIES OF LESSEE: LESSEE and CITY are entering into this Lease and Caretaker Agreement with goals of enhancing the quality of environmental programs for the CITY and providing a natural area for the conduct of some of LESSEE'S ongoing activities. As such, both the CITY through the CITY Naturalist, and LESSEE agree to work together throughout the term of this Lease to try to develop a program of activities mutually benef ciai to CITY and LESSEE. 4 LESSEE has executed this Lease and Caretaker Agreement for the PREMISES in McClellan Ranch Para:on this day of CC, 31993. By Friends of Stevens Creek Trail CITY has executed this Lease and Caretaker Agreement for the PREMISES in McClellan Ranch Park on this 13th day of Decembar , 1993. t �! By _ DonA D. rown City Manager Attested By _ �ilirrt `/n. Kim Smith City Clerk Approved as to form Charles T. Killian City Attorney Attachments: Exhibit A - Insurance and Indemnity Requirements Exhibit B -Cupertino Municipal Co;e,Title 13 5 EMM A INSURANCE AND INDEMNITY REDI IIREIi� ,NTS 1ndcmnity: LESSEE agrees to indemnify and hold harmless the City of Cupertino, its officers, employees and elected officials, boards and commissions from ali suits, actions, claims, causes of action, costs, demands,judgments and liens arising out of the LESSEE'S performance under the AGREEMENT, including the LESSEE'S failure to comply with or carry out any of the provisions of the AGREEMENT. n ce: LESSEE shall take out prior to commencement of the performance of the terms of the AGREEMENT, pay for, and maintain until completion of the AGREEMENT, the following types of Policies. These Policies must cover at least the following, which are minimum coverages and limits. I. Comprehensive General Liability Insurance; including the following: A. Premises Operations (including completed operations, if the exposure exits). B. Broad Form Blanket Contractual. C. Personal Injury coverages A, B and C. 1. All coverages must have a minimum of $1,000,000 per occurrence, $2,000,000 aggregate. II. Work rs Compensation: LESSEE shall provide CITY with a copy of LESSEE'S Workers Compensation coverage. III. Endorsements: On all required insurance the following endorsements must be a part of each policy. A. The City of Cupertino, its officers and employees, and agents are to be additional insured. B. Thirty (30) days notice of cancellation or reduction in coverage of any nature must be given to the City of Cupertino. C. The insurance policies must be endorsed to show that they are primary, and any other valid and collectible insurance the City of Cupertino may have will be excess only. D. All insurance policies must be satisfactory to the City of Cupertino. 6 EXHIBIT B 0FJ)INA1;C1-. NO. 710 AN ORDINANCE OF THE CITY OF CUPERTI1I0 &MENDING C1IAPTF.r 13.04 OF T11F. CLPEnTINO t1UNICIFAL COPE TO PROVIDE FOR NATURE AND/Or. RURAL PRESERVE TUE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: The following provisions are hereby added to Chapter 13.04 of the Cupertino ?Sunicipal Code: Section 13.04.020 - Definitions T. Nature and/or Rural Preserve - A park so designated by the City Council pursuant to Section 13.04.201. Section 13.04.201 - Nature and/or Rural Preserve A. Any park characterized by such u.iique natural features that it is deemed a valuable and irreplaceable resource may be designated by the City Council either by ordinance or resolution as a Nature and/or Rural Preserve, in which event it shall be used and treated in a manner consistent therewith. B. Uses shall be limited to those which will maintain and protect the ecology of the area, conserve.-the natural features and scenic values, expand community awareness and understanding of natural history and the environment, and provide enjoyment of the resources present consistent with 'their preservation. C. T!Cciellan Ranch Park is hereby designated a Nature and Rural Preserve. Section 1.3.04.202 - Regulations and Guidelines The City Council shall, by resolution, adopt regulations controlling the use, and guidelines pertaining to the development of, any'park designated as a Nature and/or Rural Preserve. Any such regulations adopted by the City Council shall, where inconsistent therewith, take precedence over any general regulations contained in Chapter 13.04. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 3rd day of November , 1975, , and ENACTED at a regular meeting of the City Council of the. City of Cupertino this 5th day of January 1976, by the following vote: Vote Members of the City Council AYES: Meyers, Nellis, Sparks, Jackson NOES: None ABSENT: F'rolich ABSTAIN: None ATTEST: APPROVED: /s/ Wm. C. Rvder /s/ James E. Jackson City Clerk Mayor, City of Cupertino RESOLUTION NO. 9000 j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH FRIENDS OF STEVENS CREED TRAIL FOR OFFICE AT MCCLELLAN RANCH FART{ WHEREAS, there has been presented to the City Council a proposed agreement between the Frienda of Stevens Creek Trail and the City of Cupertino providing for least c f an office at McClellan Ranch Park; and WHEREAS, the terms, conditions and provisions of the agreement have been reviewed and approved by the City Attorney and the Director of Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned agreement and authorizes the City Manager 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_6th day of December , 1993 by the following vote: Vote M• sf 1bg C&CoWgil AYES: Bautista, Burnett, Sorensen, Koppel NOES: None ABSENT: Dean ABSTAIN: None ATTEST: APPROVED: /s/ Kim Marie Smith 1sl Barbara Kogpel- City Clerk Mayor, City of Cupertino