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80-028 Agreement for Lease of Memorial Park, Saich Bros. Orchards t f<s Citti of Cupertino 10300 Torre Avenue P.O.Box 580 Cupertino,California 95014 Cupertino,California 95015 Telephone:(408)252-4505 OFFICE OF THE CITY CLERK March 23, 1983 Saich Bros. Orchards Attention: Mr. Ralph Saich 19584 Via Grande Driye Saratoga, California 95070 AGREEMENT FOR LEASE OF MEMORIAL PARK Dear Mr. Saich: We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino, and one (1) copy of the Resolution which was enacted by the City Council of the City of Cupertino, at their regular meeting of March 15, 1983. Sincere , �y ,� ((--- _ V DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so • encl. cc: Department of Public Works • RESOLUTION NO. 6050 A RESOLUTUION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAICH BROS. ORCHARDS FOR LEASE OF A PORTION OF MEMORIAL PARK ORCHARD WHEREAS, the Saichs have maintained the orchard at Memorial Park in order to preserve it until development occurs; and WHEREAS, the City has not purchased all parcels and wishes to enter into a lease agreement with the Saichs to continue this arrangement; NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are aurthorized to execute said agreement. PASSED AND ADOPTED by the City Council of the City of Cupertino, this 15th day of March , 1983, by the following vote: Vote Members of the City Council AYES: Johnson, Plungy, Rogers, Sparks, Gatto NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s./ John Gatto City Clerk Mayor, City of Cupertino LEASE This LEASE, made and entered into this 15th day of March , 1983, By and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as LESSOR, and SAICH BROS. ORCHARDS hereinafter designated as LESSEE. WITNESSETH That LESSOR hereby leases unto LESSEE, and LESSEE hires from LESSOR for agricultural purposes only, those certain parcels of real property more particularly described in Exhibit, "A" attached hereto and incorporated herein by reference, upon the following terms and conditions: 1. The term of the within lease shall be for period commencing on February 1, 1983 and continuing to and including July 31, 1983 2. LESSEE shall give LESSOR as compensation for said premises the following: the sum of ONE DOLLAR ($1.00) . 3. LESSEE shall not, without prior written consent of LESSOR, ,i construct, erect, or place any improvements upon the demised premises. Any improvements so constructed shall become the property of LESSOR at the end of the term of this LEASE. 4. LESSEE shall maintain, at his own expense, the leased premises in good and safe condition at all times. 5. LESSEE shall not assign this lease, or any interest therein, nor let or sublet the whole or any part of the said premises without the written consent of LESSOR. 6. LESSEE shall occupy, till and in all respects cultivate, prune, spray, fertilize, irrigate and care for said premises during the term of this lease in a good and farmerlike manner and perform any and all other work neces— sary in order to keep the leased premises and trees thereon in a good and pro— ducing condition, without cost or expense to LESSOR, and will not commit any waste to be done to said leased premises. It is understood and agreed that LESSOR will incur no expense in connection with the maintenance, operation, cultivation, irrigation, fertilization or other work necessary to be performed on said leased premises in order that the same be maintained as a producing orchard. 7. LESSOR shall not charge the LESSEE for the consumption of water used for irrigating purposes. 8. LESSEE shall harvest all crops produced on said orchard, furnish all labor and materials including boxes necessary therefor, and arrange for the sale of said crop without cost or expense to LESSOR. 9. At the expiration of the term of this lease, LESSEE shall peacefully quit and surrender the premises in a clean and orderly condition subject to approval of LESSOR. 10. LESSEE shall comply with all lawful requirements, all statutes and ordinances of the City of Cupertino respecting the use of the demised premises made by LESSEE. 11. LESSEE shall have and hold to his own use all products harvested from the demised premises within the term of this lease. 12. LESSOR shall have the right at any and all times to enter into the demised premises for the purpose of making surveys, borings, tests, investiga— tions and for any installation of appurtenances thereof. 13. LESSEE shall indemnify and hold harmless LESSOR, its officers, employees and agents from and against any and all claims for injury or damage to person or property, loss, damage and liability occasioned by, growing out of, or arising or resulting from any act or omission to act on the part of LESSEE, or arising from the use of the demised premises by LESSEE, or arising out of the operation or maintenance or dangerous or defective condition of said premises. 14. LESSEE shall and will during the full term of this LEASE, and at his own cost and expense, provide and maintain in such form and with company or companies satisfactory to LESSOR a policy or policies of public liability insurance as follows: Public liability insurance in an amount not less than Three Hundred Thousand Dollars ($300,000) for injuries including accidental death, to any one person, and, subject to the same limit for each person, in an amount not less than Five Hundred Thousand Dollars ($500,000) on account of any one occurrence, and property damage liability insurance in an amount not less than Two Hundred Thousand Dollars ($200,000) . Provided as follows: a. LESSOR shall be named as an additional assured in any of said insurance policies; b. Said policy or policies shall not be cancelled unless and until ten (10) days written notice of the intention to cancel is given to LESSOR; and c. A contractural liability endorsement shall be added to each insurance policy extending coverage to include the liability assumed by LESSEE under paragraph 13 above. • 15. Each and all of the terms and covenants and conditions contained ' herein shall be binding upon and inure to the benefit to the successors in interest of LESSOR AND LESSEE respectively. CITY OF CUPERTINO By ,Ade , '.=.r Mayor ir By V&----%\--"se AP Cit erk LESSEE: dv ,, Approved as to form / // Cit 3'f orney • STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of /d day of �1 � in the year of /,0 , before me 0 &-ILD `(1/1 /))' f a ,s ie (log NC' /o3 personally appeared 'al /(4. personally known to me (or proved to me on the basis of satisfactory evidence} .--- to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official seal. &194=49 94:49c49tB9tieICIAL SEIL,Y�N�' ."� _ OFFICIAL SEAL DOROTHY MARIE CORNEUUS 8 Notary Public -in and for the County ¢ / NOTARY PUBLIC CALIFORNIA of Santa Clara, State of California SANTA tLARA COUNTY My Commission Expires Feb. 17, 1984 6 CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of day of in the year of , before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. Notary Public in and for the County of Santa Clara, State of California 6/29/82 F' ''<e9 a t^fr • t r,g,1 : City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Telephone (408) 252-4505 . August 6, 1980 Mr. Robert J. Saich 1100 Magdalena Los Altos, CA 94022 We are forwarding to you for your files a fully executed copy by City Officials of the Lease Agreement between the City of Cupertino and B. Saich, along with a copy of Resolution No. 5345. Sincerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC:so RESOLUTION NO 5345 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH B. SAICH FOR LEASE OF A PORTION OF MEMORIAL PARK ORCHARD WHEREAS, the Saichs have maintained the orchard at Memorial Park in order to preserve it until development occurs; and WHEREAS, the City has now purchased all parcels and wishes to enter into a lease agreement with the Saichs to continue this arrangement; ' NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are authorized to execute said agreement. PASSED AND ADOPTED by the City Council of the City of Cupertino, this 7th day of July , 1980, by the following vote: Vote: Members of the City Council AYES: Gatto, Plungy, Sparks, Rogers NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ Barbara A. Rogers City Clerk Mayor, City of Cupertino . LEAS 8 This LEASE, made and entered into this 7th day of July , 1980,. 1 by and between the CITY OF CUPERTINO, a municipalcorporation of the State of • . California, hereinafter designated as LESSOR, and SAICH• BROS. ORCHARDS herein- after designated as LESSEE. • i WITN: ESS .ETH That LESSOR hereby leases unto LESSEE, .and LESSEE hires from LESSOR for • • agricultural purposes only, those certain parcels, of real property more par- - . • ticularly described in Exhibit "A" attached hereto and incorporated herein by, reference, upon the following.terms and conditions: ' 1. The term of. the• within lease' shall be for' one year • commencing on July 15. 1980-and continuing to and including July' 15. 1981 • • 2. LESSEE shall give LESSOR as compensation for said premises the r - -following: 1 9 S a. The sum of ONE DOLLAR ($1.00) . • 3. LESSEE shall not without prior written consent of LESSOR construct, • erect or place any improvements upon the demised premises. Any improvements so constructed shall become the property of LESSOR at the end of the term of this LEASE. . • 4. LESSEE shall maintain, at his own expense, the leased premises in good and safe condition at all times. 5. LESSEE shall not assign this lease, or any interest therein, nor let or sublet the whole or any part of the said premises without the written .. consent of LESSOR. . ,' ." 6.'" LESSEE shall occupy, till'and in all respects cultivate, prun4, spray, fertilize; irrigate and care for said premises during the term of this lease - ii a good and .farmerlike manner and perform any and all other work necessary in order to keepthe leased premises and trees thereon in a good and producing- condition, without cost or expense to LESSOR. and will not commit any waste • or suffer any waste to be.done to said leased premises. It is understood. and • - :- agreed that .LESSOR will incur"no expense in connection with the maintenaspce, operation, cultivation,:_ irrigation; fertilization or other work necessary to • " • - • - be performed,on said:leased premises-in" order- that_ the-same be maintained as a - producing: orchard;-" - 7." , -LESSOR shall. not- charge the LESSEE for the consumption of water need for irrigating purposes. - • 8. LESSEE shall' harvestall crops produces on said orchard, furnish all labor and materials including boxes necessary therefor;. and arrange. for the - sale of said crop without cost or expense to 'LESSOR. - • 9: At the expiration of the term of" this lease, LESSEE shall peacefully. • quit and Surrender the premises in a clean and orderly condition subject-to approval of LESSOR. - 10. LESSEE shall comply with all lawful requirements, all statutes and ' ordinances of the City of Cupertino respecting the use of the demised premises • • made by LESSEE. ' - 11. LESSEE shall have and hold to his own use all products harvested from the demised premises within the term •of this lease. 12: LESSOR shall have the right at any and all times to enter into the demised premises for the purpose' of. making surveys, borings, tests, investiga— - tions and for any installation appurtenances thereof. • .er ,{R :p wL+r, v's ,} '!s^^S. :.�c1! f„i_G.l2 ^1. tg0i.-o�.C.,^". • j }( • _ ' •13. LESSEE shall indemnify and hold harmless LESSOR, it/lc:facers, . employees and agents from and .against any and all claims for injury or damage • to person or property, loss, damage and liability occasioned by, growing out of, or arising or resulting from any act or omission to act on the part of • LESSEE;. or arising from the use of the demised premises by LEESEE, or arising - ' out of the operation or maintenance or dangerous or defective Condition of . said premises.'• - ' '' 14; -LESSEE shall and will during.the full term of this LEASE, and at '• .hi's'own cost. and expense, provide .and maintain .in such fora and with company or: companies satisfactory to LESSOR.a policy or policies of .publi'c liability . .insurance as follows: • • . Public. liability insurance in an amount not less than Three Hundred • % Thousand Dollars .($300,000) for injuries including accidental death,. - , to any one person,: and, subject to the same limit for each oerson,. in an amount. not less than Five Hundred Thousand Dollars ($500 ,000). on . account of any one occurance, and property damage liability insurance in an amount not less than Two Hundred Thousand. Dollars ($200,600). . - Provided as follows: a. LESSOR shall be named as an additional assured in any of said insurance policies; b. Said policy or policies shall not be cancelled unless and until ten (10) days written notice .Of the intention to cancel is given. to LESSOR: and - • c. A contractual liability endorsement shall be added to each insurance policy extending coverage to include 'the liability assumed by LESSEE under paragraph 13 above. , } .. t. it SZ ` K t ;ti , NN7I'II:N ff d3 `O5era�ir•. r ". roo ; —1—�- ,— d�_tb . , , � ....�'- � read rI: ,isl• � 2 s 2 I � r,,;J r .•,. 'si L. L 47 1$y i; 44 • f per' ' • �0 1V' I - i •'`�: c� a a Q z a ��se "�. Ni y-.A. : -� — - !O je. . I ef,ta t ,al acnL£ ur. 14 -• o r' ' .-& •::: Nil.NW.* NI.fr in.ne .IEllyn,'la1. III. • O 1-' / __if II.11,' .. I 0019 - "I ' r //ter /illi' /i1Rl/' " 7!. $ C! 9 tw:..: . 0 . NO RI I .. le 4 ken cueg . ; N i * r $ ms g "112/2 58 s9 . CO W. C/ ;. C2 _ _ 2G2OAc.t' b/ .5/OAc.t : /.5//Ac. t S /.5/OAc.t R QCa? . co 1 \ i i \ b 0 001 /en, J.` I 1- \ , ki L aü �' l s " tI ,w/iPRcte/a n 1- ` . o.rss • — Y N '1' i ' :;:t __ _ _ _ r' — ..---- -- -c.a. � ki Nan / 4 `fi -• TRACT NO. 5990 ' I I R.1- SCA ,, $� 3 . .3C8 , . SNE/7 CHIBIT A � C. L to a Z1. t • STEVENS CREEK BLVD. w ekae.:.,Mwer.•- St. 3 Ph ; _42-4::- .SarE7" di' 77117 .ff/EET+S ' . TO 449 C O (Witness) STATE OF CALIFORNIA. 1 COUNTY OF- 11 On If.— or ..t.0 before me, the undersigned, a Notary Public in and for said State, if rsonally appeared SSU rt cinn /2aR 6-A/personally known to me tobe the person whose name is subscribed to the within Instrument, as a Witness thereto, who being by me duly sworn, deposes and says: tee 'That..^ 'resides in Sa.K cmiO S e_ , and that sne-waspresent and saw _: 2a IpI,. ca i c–AN. , personally known to H to be thesame m subscribed � person described in and whose name � S.II e- see al f to the within .and annexed Instrument as S 'Part "^ thereto,'. execute and deliver the` same, and r3 �c�`✓ `b`(9GX9GX9Gx9Cc9G(yl.�t9 S}.e_acknowledged to said affiant that e– OFFICIAL SEAL executed the same; and that. said affiant subscribed-. h-e1� DOROTHY MARIE CORNELIUS gg name thereto as a Witness. NOTARY rw�IC-CAtIFOkN1q G. ''` SAyt,., -.HRA COl1NiY 8 WITNESS my�a�and olficialr,pal. . J M � • y� My Commission Expires Feb. 17, 1984 Signature a"4 G.(9L1,90i4i c 7o2olLy KM. iL` _. LD2-Keittv3 u cucucuc, muwax9ax9, Name (Typed or Printed) tThk,.ea m.,maiat entaaat seal) .,15. ' Each and all of the tatms and-covenants and conditions contained iy herein shall be binding upon and inure to the benefit of the successors in interest of LESSOR and LESSEE respectively. • CITY O8 CUPERTINO • . BY ,S,„4 ,fi fr., • • • . Mayor B /tl ` � Y Ci Clerk • LESSEE: . 67:-,a-e-t-e— .,..C2-C.--/--)1 Approves as to form: 4--... ` Witness City Attorney i . e'