CC Resolution No. 9114
RESOLUTION NO. 9114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF LEASE OF EXCESS PROPERTY AT
VARIAN PARK TO CHUCK VARIAN, LESSEE
WHEREAS, there has been presented to the City Council a "Lease" agreement
between Chuck Varian, Lessee; and the City of Cupertino, Lessor; for the lease of excess
property at Varian Park; and
WHEREAS, the provisions of said agreement have been reviewed and approved
by the Director of Public Works and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby approves the aforementioned lease 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 20thdayof June , 1994, by the following vote:
~
Members of the Ci~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Burnett, Sorensen, Dean
None
Koppel
None
APPROVED:
181 Wally Dean
Mayor, City of Cupertino
ATTEST:
181 Kim Marie Smith
City Clerk
LEASE
TIllS LEASE, executed in duplicate at Cupertino, California this day of
199-, between the CITY OF CUPERTINO, a municipal corporation,
hereinafter called "Lessor", owner of the hereinafter described property, and Chuck
Varian hereinafter called "Lessee".
IT IS HEREBY AGREED between the parties hereto as follows:
1. That Lessor leases to Lessee, on the terms and conditions hereinafter set forth,
the real property situate in the City of Cupertino, County of Santa Clara, State of
California, more particularly described in Exhibit "A", which exhibit is attached hereto
and made part hereof.
2. That the term of this lease shall be for a period of five (5) years commencing on
the 1 st day of July 1994 and terminating on the 30th day of June 1999.
3. That Lessee shall pay as rental for said real property the sum of ONE
THOUSAND EIGHT HUNDRED SIXTY FOUR AND NOII00 DOLLARS ($1,864.00)
for a one year period.
4. That Lessee shall have the option to extend the terms of this lease for a period
of five (5) years from date of termination of this lease, subject to the same terms and
conditions governing the original hereof and at the sum of $2,614.00 per year rental rate,
upon receipt of written notice from Lessee to Lessor of Lessee's election to exercise said
option; that said notice shall be serviced upon Lessor thirty (30) days prior to the
expiration of this lease.
5. That Lessor shall have the right at any time upon sixty (60) days notice to
cancel this lease. The lessee will cease use of the leased property and structures. The City
would refund any unused rental fee at this time,
6. That Lessee shall have the use of the orchard area, the creek frontage and the
use of the existing pump house and transmission pump main for the purpose of pumping
water onto his property adjacent thereto, subject to Lessee's obtaining permission from
Spasoje M. Chuk and Donna Chuk, his wife, as may be necessary to transport water
across their lands or any easements owned by them or for the use of any facilities owned
by them, all of which shall be the obligation of Lessee at no cost or obligation whatsoever
to Lessor.
'194
7, That Lessee shall not remove or add any growing plants or trees more than two
feet in height, other than poison oak or weeds, without the written consent of Lessor; that
the Lessee may, however, do reasonable leveling as a part of maintenance in his discretion;
that no structure or irrigation shall be permitted without written consent of Lessor.
8, The lessee shall have the right to irrigate, maintain, revive and harvest the
existing orchard located on the northern section of this lease property.
9. That for the period of the Lease, Lessee hereby grants permission to Lessor the
non-exclusive use of an existing drive across and upon the real property of Lessee for
ingress and egress to the creek bottom of Stevens Creek; that Lessor shall, through its
employees, have the right to cross the above described property for any municipal purpose
relating to the creek or creek bottom which rights shall also run to the Santa Clara Valley
Water District, it being understood that this lease shall in no way impair the rights or
duties of either Lessor or water rights of the Santa Clara Valley Water District.
10. That Lessee shall, subject to the foregoing and subject to reservations made a
part of the Grant Deed between Spasoje M, Chuk and Donna Chuk, his wife, grantors,
and the City of Cupertino, grantee, recorded in Book 7356 at pages 146, 147, 148, 149,.
150 and 151 on April 22, 1966, Recorder's Serial No, 3046891, have the sole use of said
property with the right to deny trespassing or entering upon said property by any persons
other than those mentioned herein,
11. That Lessee shall assume all risks for damages, costs and maintenance of the
leased property and by virtue of these presence hold Lessor harmless from any and all
liability, costs or damages of any nature whatsoever relating to or arising out of this lease
or the property therein described.
12. That this lease and option shall not run to the heirs and assigns of Lessee but
shall remain personal to Lessee.
IN WITNESS WHEREOF, Lessor and Lessee have executed this lease on the day
and year first above written.
ATTEST:
CITY OF CUPERTINO, a municipal
corporation, Lessor
By
City Clerk
Mayor
City Attorney
Chuck Varian, Lessee
NotaJy acknowledgment required
for lessee signature -2-
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STEVENS CREEK BLVD
LOCA TION MAP
!'"
SCALE: 1" = 150'
15.91'
29,328 S.F.
0.67 ACRES
LINE
L1
L2
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L4
DIRECTION
S 05'14'42" W
N 50·01'07" E
S 30·42'50" E
S 27·2·1 '50" F.
DIST ANCE
84,8"
140.73'
94.58'
35.RO'
EXHIBIT A