CC Resolution No. 9550 . . - . ..r.Axz~g.•~ :;:':.sc
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RESOLUTION NO. 9550
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
' CUPERTINO AUTHORIZING EXECUTION OF LEASE AND
~ CARETAKER AGREEMENT BETWEEN CITY OF CUPERTINO
AND FRIENDS OF STEVENS CREEK TRAIL FOR THE
MCCLELLAN RANCH HOUSE
WHEREAS, 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 McClellun Ranch House; and
WHEREAS, the terms, conditions and provisions of the agrcement have been
reviewed and approved by the City Attorney and the Director of Parks und Recreation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement nnd suthorizes the Mayor and
the Ciry 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 following vote:
Ysls Msm~s nf ih~ ~ibc S4nnCi1
AYES: Bautista, Chang, Dean, Sorensen, Burnett
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
l GC ~1 ~
ity Cterk Mayor, City of Cupertino
resolMUrcs9550.doe . .
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. LEASE AND CARETAKER AGREEMENT
, FOR THE .
McCLELLAN RANCH HOUSE .
This Lease and Caretaker Agreement ("AGREEMENT") is made by and between
the Gity 'of Cupertino ("CITY") and the Friends of Stevens Creek Trail, a Califomia
corporation, ("LESSEE").
The premises to be leased by this AOREEMENT is a portion of what is
commonly known as the "McCletlan Ranch House;' and mora particnlarty described as
22221 MeClellan Road, McClellan Ranch Park, City of Cupertino, County of Santa
Clara, State of Califomia ("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 pazking facilities.
This A(3REEMENT is entered for the purpose of making avAilable for lease of the
PREMISES owned by the C1TY on tho 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 progruns, s?nd informational workshops to the Cupertino
community as set forth in ihe terms of this AGREEMENT.
CITY AND LESSEE AGREE AS FOLLOVJS:
1, i.F.A~F TFRM: The lease of the PREMISES shall commence on December 1,
1995 and end two years laur, on November 30, 1997, at which time the lease may be
renegodated aRer tvaluation by the CITY.
2. $II3T: Rent shall be based upon the nte of 51.00 per square foot per month.
Effective December l, 1995, LESSEE shall occupy the back office of 81 square foet for a
monthly rate of 581.00. Total rent shall be 581.00 payabie in advance on the first day of
each calendar month. LESSEE shall puy rent to CITY at 10300 Torre Avenue, Cupertino,
Califomia, Attenrion Finance Director, Room 101. In the event rent is not paid within ten
(10) days aRer the date due, rent is deemed late and delinquent and a late charge of
520.00 plus interest at the rate af 10°r6 per annum on tha delinquent amount shall be
assessed. LESSEE further agrees to pay $20.00 for each dishonored bank check.
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10. INDEMt•IIFICATION: CITY shalt 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 aay claims for damages
unless such damage is the proximate re.sult of negligence or unlawful conduct of CiTY,
its agents or employees.
il. 411BL.ETTING AND ASRIdNMENT; LESSEE shall noi assign, sublet,: or
transfer this tease or any portion thereof. Any attempt to assign, subtet, or Uansfer shall
be void and shall constimte grounds for the tersnination of this lease by the CITY.
12. AHImALS: No animals shall reside in or on the PREMISES without prior
written consent of the CITY. '
13. oRniNAN F4 ND STAT'LPr'RR; LESSEE shall comply with Cupertina's
Munieipal Ordinances and all State und Federal Statutes and Ordinances now in force, or
, which may hereafter be ia force pertaining to the tue of the PREMISES
14. SIGNAGE: The CIT`Y shall provide signage designating facility, and
organi7ations 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 regulazly operate the PREMISES obtain
training fmm thc CITY's Naturalist and become familiar with thc McCtellan Park Rules
and Title l3 of the Cupertino Municipal Code, which govems the use of parks and
buildings of the CITY. Report to CITY's code enforcement and violations of the above-
referenced ngulations found by LESSEE (a copy of Cupertino Municipal Codt, Title 13,
is attached hereto es Exhibit B).
b) Notify the CITY's Pazks and Recreation o~ce prior to any absence from
the PREMISES for aay extended period of tima
c) Report incidents, such as park misuse and vandalism, end any
emergencies, such as burglaries, to the McClellan Ranch Caretaker or, if he is
unavailabia, to the County Sherif'f. In the event the Sheriffs office is involved, report the
incident to the Director of Pazks and Recreation. (CITY sha11 furnish LESSEE with aJist
of contact numbers prior to occupancy of the PREMISES).
16. RFT(1RN OF FYS: Upon termination of this AGREEMENT, the keys to the
PREMISES including all duplicated sets, are to be hand delivered to CITY's Parks and
Recreadon Director or an authorized representative.
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. LEASE AND CARETAKER AGREEMENT
FOR THE
McCLELLAN RANCH HOUSE ~
This Lease and Caretaker Agreement ("AGREEMENT") is made by and behveen
thc 'Ctty 'of C~perGno ("CITY") and the Friends of Stevens Creek Trafl, a? Califomia
corporadon, ("LES3EE'~.
II The premises to be leased by this A(}REEMENT is a portion of what is
commonly Irnown as the "MeCldlan Ranch House," und more particulacly described as
22221 McClellan Road, McClellan Ranch Park, Ciry of Cupertino, County of Santa
Clara, State of Califomia ("PREtvIISES"). The PREMISES consist of one office within
the ranch house consisting of 81 square feet, together wiW the non-exclusive use of
hallways, restrooms, and outside parking facilities.
This A(3REEMENT is entered for the purpose of making available for lease of the
PREMTSES owned by the CIT'Y on the condition that: (1) the LESSEE pay the rent
above described, (2) the LESSEE is responsible for caretaking duties of the PREMISES
site sis set forth in the tenns of this AGREEMENT, and (3) the LESSEE provides the
CITY with educutional pro~rams, and informational workshops to the Cupertino
community as set forth in the tem~s of this AGREEMENT.
CITY AND LESSEE ACiREE AS FOLLOWS:
1, t.F.ASF 'f~RM: The lease of the PREMISES shall commence on December 1,
1995 and end two years later, on November 3Q, 1997, at which time the' Icase may be
renegotiated after evaluation by the CIT`Y.
2. $ENT: Rent shall be based upon the rate of 51.00 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, Cupeitino,
California, AttenNon Finance Director, Room ] Ol. In the avent rent is not paid within ten
(]0) days after the date due, rent is deemed late and delinquent and a late cMatge of
520.00 ptus interest at the rate of 10% per annum on the delinquent amount shalt be
assessed. LESSEE further agrees to pay $20.00 for each dishonored bank check.
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3. ITI .ITI ~ T~.
,FPHON~OFFI UIPMENT; C(TY shall be responsible
for the payment of nll utility bills applicable to the PREMISES including water, electricul
services, garbage and janitorial serviCes `foi 'said PREIvIISES. LESSEE shall be
nsponsible for its own'telepfione setvice and shail provide for its own office equipment
and furnishing.
4. TAXE~: LESSEE shall be responsible for payment of uny nnd all possessory
interest property taxes.
5. MA~AZI.CE: CI1'Y shall be responsible for maintaining the PREMISES,
including doorways, windows, sidewatks adjacent to said PREMISES and the interior of
the PREMISES in good and sanitary order, condition and repair, normul wear und tear
excepted, pmvided, howevet, that LESSEE shall be responsible for damages caused by
the negligence of its employeos, invitees or guests. LESSEE shall aot commit waste on
ihe PREMISES.
6. At. ATIONS ND RP iRS/A --SS: LESSEE shall not paint, paper, or
make alterations to the PREMISES without prior written consent &om the CITY.
LESSEE shall permit the CI1'Y and its agents to enter into and upon the PREMISES at
all reasonablo times for puiposes of inspecting thc same or for the purpose of maintaining
or npairing the PREMISES. Access to the PREMISE3 is limited to CITY employees or
agents. LESSEE employees or agonts, and members of the public receiving ssrvices
provided by LESSEE.
7. HOC1ItS OF OPE2ATION: 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 I0:00 p.m. LESSEE shall be ~sponsible for
securing the facility and setting of the burglaz alarm at the end of each day.
g, C'OMMON ARF.A/PARKTN(;; LESSEE may utilize the haUways, nstrooms,
and parking facilities without additional renr provided, however. that if LESSEE wishes
to utilize other areas of McClellen Park for which CITY nortnally charges a user fee,
LESSEE shall be responsible for payment of said fce. C1T'Y shall be entitled to utilize all
common areas for pmgram activities upon giving LESSEE seven (7) days advance
notice.
CTTY retains the right to designate exclusiva parking for LESSEE, or any other
LFSSEE of the PREMISES, or in the event that, in the opinion of tha CITY, the parking
lot becomes over-utiliud. It is estimated that LESSEE's need for pazking shall not exceed
12 spaces.
9, IN4 1,4N : 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 referonce.
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10. INDEMNIFICATION: CITY shall not be liable for any damaso 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 frora any ciaims for damages
unless such damage is the proximate result of negligence or unlawful conduct of CITY,
its agents or employees.
I1. Si?BL.ETTMG AND ASSI .NMRNT: LESSEE shall not: essiga, sublet, or
transfer this lease or any portion thereof. Any attempt to assign, sublet, or transfer shall
be void aad shall constituro grounds for the terminstion of this lease by the CITY.
12. AI~MALB: No animnls shall reside in or on the PREMISES without prior
written consent of the CITY.
13. OI~nINANCE4 AND STATUTEC: LESSEE shall comply with Cupertinp's
Municipal Ordinances and all State and Federal Statutes and Ordinances now in force, or
which muy hereafter be in fnrce pertnining to the use of the PREMISES
14. SIGNAGE: The CITY shall pruvide signage designating facility, and
organizations utilizing the facility.
15. CARETAKER DUTTES: As caretakors of the PREMISES and tha surrounding
gmunds, LESSEE promises to do the following:
a) Require that its employees who regularly operate the PREMISES obtain
training from tho CITY's Naturalist and become familiar with the Mc!Ctellan Park Rules
and Titie 13 of the Cupertino Municipal Code, which govems the use of parks and
buildings of the CITY. Report to CITY's code enforcement and violations of the above-
roferenced regulations found by LESSEE (4 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 und vundalism, and, any
emergencies, such as burglaries, to the MeClellan 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 fumish LfiSSEE with aJist
of contact numbers prior to occupancy of the PREMISES).
16. RF.T[ 1rtN OF KEYC: Upon tertnination of this AGREEMENT, the keys to the
PREMISES including all duplicated sets, are to be hand delivered to CIT'Y's Pazks and
Recreation Director or an authoriud representative.
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17. HOL.DINCi OVER: Any holding over after the expiration of the lease term, with
the written consent of the CITY, shall bc canstrued as a month-tamonth tenenCy in
accordance with the teans of this AGREEMENT, until either party terminntes the
tenaney by giving the other party thirty (30) days written notice delivered'by certified
maiL
18, ' GROLtNDS FOR'TEI2MMATION: CI"TY retains the right ta terminato this
ACiREEMENT upon any broach by LESSEE, of any material term, provision; covenant
or condition thereof. CIT'Y shall fiist provide LESSEE written notice of eny perceived
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
i with the terms of this Agreement, this Agreement shall continue in force and effect for
the period specified in Section One of this AgreemenL
~9, ~jyE$: The faiture of CIT'Y to exercise any right heceunder shall 'hot
constitute waiver of such right.
20. ATTORNF.YS' FEES: If legal action is commenced to enfotce or to declare the
effect of any provision of this AGREEMENT, the prevailing party shall be awarded
attomeys' fees and costs incurred in such action.
21. TlME: Time is of the essence of this AGREEMENT.
22. EXH~: All Exhibits hereto, specifically Bxhibits A and B, are incorporated
herein and made part of this AGREEMENT by this reference. '
23, EN'I'I F. Ar REMENT: This ACiREEMENT consisdng of seven (7) pages,
constitutes the entire AGREEMENT and supersedes any prior agreement between the
parties.
24. ' ADDITIONAL. Dt1TIES OF L.EG~EE: LESSEE and CITY ure 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 throngh the CITY Naturalist, and
LESSEE agree to work rogether throughout the tecm of this Lease to try to develop a
program of acrivities mutuaUy beneficial to CIT'Y and LESSEE. •
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, LESSEE has executed this Lease and Curetak Agreement for the PREMISES in
McClellan Ranch Park on this day of / ~C , 1995.
By ~ .t•h ,1~u.L---
Friends of Stevens Creek Trail
~ih+~.l`I S~+~trtl~e~~. , Gtta~rUl ~~aL~,~~rnT
CIT'Y has executed this Lease and Caretaker eement for the PREMISES in
McCiellan Ranch Park on tlus a?3a..L day of 1~995: / 996 .
By ~ y
D ld D. Brown
' City Manager
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' Attested By ~~-c~~%"~1~
Kim Smith
City Clerk
Approved as to form
Charles T. i~inn / ~~i I3N
City Attomey
Attachments:
Exhibit A- Insurance and Indemnity Requirements
Exhibit B- Cupertino Municipal Code, Title 13
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E7~~IBIT A
iN4i TRAN . AND IND .MNITY F.~ JiRF.MF.NT4
LESSEE agrees to indemnify und hold hacmless 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.
j~: LESSEE shall take out prior to commencement of tha 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, Gomnrehencive General L.iabili~y ins~rance; including the following: ,
- A. Prcmises Operations (including completed operations, if the
exposure exits). ; _
B. Broad Form Blanket Contractual.
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C. Personal Injury coverages A, B end C.
L All coverages must have a minimum of S1',000,000 per
occurrence, 52,000,000 aggregate.
II. Workers Gom~ensation: LESSEE shall provide CITY with a copy of
LESSEE'5 Workecs Compensation coverage.
III. Rndorsements: On all required insurance the following endorsements
must be a nart of each nolicv.
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 nariue must be given to the City of Cupertina
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. Al( insurance policies must be satisfactory to the City of
Cupertino.
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