HomeMy WebLinkAboutLease Agreement McClellan Ranch Park - Thomas L. Dent - 1976 'I xxnas I. bent
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k, CAWTAnR AGR.L
RE HCCLELL/9N MACE PARK
AGREEMNf. made by TEOMAS DENT, hereinafter referred as
"Caretaker", and the CITY OF CUPERTINO, a muricipal corporation
of the State of California, hereinafter referred to as "City".
RECITALS:
a) City owns McClellan Ranch r ark, 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, wfahes to have someone reside at the
park site, and to perform the caretaking duties herein-
after described;
c) Caretaker is prepared to reside at the park
site, and to perform the caretaking duties hereinafter
described.
IN CONSIDERATION 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 mobilehome onto the site shown on Exhibit "A",
attached hereto, and made a part hereof by reference, to
make said mobilehome his principal residence, and to live
in said m-obilehome, without charge to him other than the
performance by him of the duties hereinafter assumed by
him.
2. Mobilehome: Caretaker promises, at his own cost and
expense, to move a mobilehome onto said site, to make it
his principal residence, and promptly to remove said
mobilehome upon termination of this Agreement for any
cause.
3. Term: The term of this Agreement shall be for a
period of one (1) year, commencing on April 1 1976,
and ending on April 1 1977, provided, however,
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that: either party !say terminate this lr2ent upon
thirty (30) days` prior writteA Mice to the other
party. If City terminates before one year for any reason
other than default by Caretaker, City agrees to reimburse
} Caretaker for the cost incurred in moving mobilehome onto
site. Amount to be reimbursed to be pro-rated over the
twelve month period by the number of remaining months
following termination. In addition, the City may terminate
this Agreement if, after ten (10) days prior written notice
thereof, Caretaker has failed to cure any default under the
provisions of this Agreement. This Agreement may also be
terminated, or extended, by the written agreement of both
parties.
4. Installation: City shall construct the pad for the
mobilehome, and install all utillties, at no cost to
Caretaker.
S. Utilities: Caretaker shall pay all utility charges,
inzluding water, gas, electricity, telephone and garbage
charges incurred in connection with the mobilehome.
Telephone service in the mobilehome is a requirement of the
agreement.
6. Upkeep of Mobilehome: Caretaker shall keep the
mobilehome and the area immediately adjacent thereto in a
clean, neat and sanitary condition.
7. Pets and Animals: Caretaker may keep pets and animals
in or all the mobilehome only with the written permission
of the Director of Parks and Recreation of City.
8. Use cat: Mobilehome: Caretaker promises thatt the
mobilehome 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 occurring in or about_ the
mo?>ilehome. The limits of liability under this insurance
are to be for amounts not less than One Hundred Thousand
Dollars ($100,000.00) fur any one person injured, Two
windred ThousaW Dollars ($200,000.00) for any one accident,
and Fifty 'thousand Dollars ($50,000.00) for property damage.
Ci�y steal: be named as co-insured, and Caretaker shall obtain
a written obligation imposed 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 dnsurance.
10. Caretaker's nuties: Caretaker shall report by
telephone., either to the Director of Parks and Recreation
of City (or his designated representative), or to the
Sheriff's Department of the County of Santa Clara, whichever
may be more approp.iate at the time, of any acts of vandalism
or other unlmiful acts to and in the park (particularly any
violations of City's Park Ordinance - Title 13 of the
Cupertino Municipal Code) , which may come to his attention.
11. Relationship of Parties: The parties do not intend by
this Agreement to create the relationship of partners, joint
venturer,-.., Landlord and tenant, or employer an,1 emplovee;
rather, the relationship of Caretaker to City shall be that
of an independent contractor. Cite st-lall have no right to
control the manner in which Caretaker performs his duties
under this Agreement. City shall not be responsible .in any
way for debts or other liabilities incurred :,y Caretaker.
12. Assi&nment : Caretaker shall not assign this Agreement,
or any rights hereunder, nor delegate to any person, other
than a person in his imrediate family, his dut.ies hereunder,
without the prior written consent of City. Any such assignment
or dei �!gation without such consent, shall be void and, shall,
at the option of City, be deemed as a breach of this Agree-
ment. No consent to any assignment or any delegation of
authority shall constitute a waiver or discharge of the
provisionv of this paragraph except as to specific instances
covered thereby.
13. Attorney's Fees: In case suit is brought to enf,.,rce
the provisions of this Agreement, or for any breach thereof,
the prevailing party shall be entitled to recover reasonable
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y attorney's fees, as fixed by the Court.
16. Scope of A tt Phis,Agreement constitutes the
entire Agreement between the parties. 1Sxcept as limited
r by paragraph 12, above, this Agreement shall in all
respects bind aid enure to the benefit of the heirs,
executors, administrators, successors and assigns of the
parties.
IN WITNESS WHEREOF, the undersigned ti_<vve executed this
Agreement in duplicate this 17th day of March a Z9716,
CITY OF CUPERTINO, a municipal
corporation
By
Mayor
a
Caretaker
ATTEST:
City Clerk
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