96-035 Historical Society, Tenant Agreement for Museum Space at Quinlan Community CenterTENANT AGREEMENT
FOR MUSEUM SPACE AT
QUINLAN COMMUNiTY CENTER
This Tenant Agreement ("AGREEMENT") is made by and between the City of Cupertino
("CITY") and the Cupertino Histcrical Society ("TENANT").
The premises to be occupied by this AGREEMENT is a portion of what is com1~only
known as the "Quinlan Community Center", and more pmticularly described as 10185 N. Stelling
Road, City of Cupertino, Cotmty of Sm1ta Clara, State of California ("PREMISES"). The
PREMISES consist of museum room and office within the Quinlan Community Center consisting
of 1300 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 the PREMISES owned
by the CITY on the conditiori that the TENANT provides historical educational programs to the
CITY and Cupertino co nun unity as set forth in the te1ms of this AGREEMENT.
CITY AND TENANT AGREE AS FOLLOWS:
l. TENANCY: The knancy of the PREMISES shall commence on July 1, 1996 and end two
years later, on June 30, 1998, at which time the agreement may be renegotiated after evaluation by
the CITY.
2. .1lTILITIESJE_LEPHONEJ).FFICE..E.Qll.IfMEN: CITY shall be responsible for the
payment of all utility bills c.pplicable to the PREMISES including water, electrical services,
garbage and janitorial services for said PREMISES. TENANT shall be responsible for its own
telephone service and shall provide for its own office equipment and furnishings.
3. I.AXES: TENANT shall be responsible for payment of any and all possesso1y interest
property taxes.
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4. MAlli.TENA.N.CE: CITY shall be responsible for maintaining the PREMISES, including
doo1ways, windows, sidewalks adjacent to said PREMISES and the interinr of the PREMISES in
good and sanitary order, condition and repair, nonnal wear and tear excepted, provided, however,
that TEN/\NT shall be responsible for damages caused by lhc negligence of its employees, invitees
or guests.
5. Al.xERATIQNS...ANILRI~RS/.A.C..CESS: TENANT shall not paint, paper, or make
alterations to the PREMISES without prior written consent from the CITY. TENANT shall permit
the CITY and its agents to C"nter into and upon tl~e PREMISES at all reasonable times for purposes
of inspecting the same or for the purpo!.-=0 of maintaining or repairing the PREMISES. Access to the
PREMISES is limited to CITY employees or agents, TENANT employees or agents, and members
of the public receiving services provided by TENANT
6. HQl.Ilts~: TENANT shall determine its own hours of operation,
provided that said hours are between 8:00 a.m. and I 0:00 p.m. TENANT sha!l be responsible for
securing the facility.
7. .c.QM~N..AREASL.fAR.Klli.G.: TENANT may utilize the hallways, restrooms, and
parking facilities without additional rent; provided, hovvcver, that if TENANT wishes to utilize
other areas of Quinlan Community Center for which CITY normally charges a user fee, TENANT
shall be responsible for payment of said fee.
8. lNSlLilANCE: TENANT shall maintain msurancc as outlined in the insurance and
indemnity requirements as set forth in Exhibit A, attached hereto and incorporated herein by this
reference.
9. llillEMNJFICATION: CITY shall not be liable for any damage or injury to any
employee, guc:'t., or invitee, or to any property occurring within the PREMISES or within the
common areas. TENANT agrees to hold CITY harmless from any claims for damages tmless such
damage is the proximate result of negligence or unlawful conduct of CITY, its agents or employees.
I 0. QLU!l.NANCES AND STATILTES: TENANT shall comply with Cupertino's Municipal
Ordinances and all Stat~ and Federal Statutes and Ordinances now in force, or which may hereafter
be in force pertaining to the use of the PREMISES.
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11. filGNAGE: The CITY shall provide s1gnage designating facility and organizations
utilizing the facility.
Upon te1111ination of this AGREEMENT, the keys to the
PREMISES including all duplicated sets, arc to be hand delivered to CITY's Parks and Recreation
Director or ml authorized representative.
13. HO.LDING OVER: Any holding over after the expiration of the AGREEMENT, with the
v.rritten consent of the CITY, shall be construed as a month-to-month tenancy !n accordance with
the terms of this AGREEMENT, until either party tem1inates the tenancy by giving the oth~r party
ninety (90) days written notice delivered by certified mail.
J 4. GROUNDS FOB. TERMINAIIQN: CITY retains th~ right to terminate this
AGREEM.ENT upon any breach by ·r·ENANT, of any material term, provision, covenant or
condition herein. CITY shall first provide TENANT written notice of any perceived breach of this
AGREEMENT and TENANT shall have ten (10) days to coJTect or resolve said condition.
15. .wAI.YER: The fail me of CITY to exercise any right hereunder shall not constitute waiver
of such right.
16. .ATIQ_~~.E..ES: If legal action is commenced to enforce or to declare the effect of
any provi!>ion of this AGREEMENT, the prevailing party shall be awanled attorneys' fees and costs
in~urred in such action.
17. TI.ME: Time is of the essence of this AGREEMENT.
18. ElUllillIS: All Exhibits hereto, specifically Exhibit A are incorporated herein and made
part of this AGREEMENT by this reference
19. ADDITlO~.AL._DllTlEs__.0__E_.TENANT: TENANT and CITY arc entering into this
AGREEMENT with goals of enhancing the quality of programs for the CITY ru1d providing an
appropriate area for the conduct of some of TENA!'lT'S ongoing society activities. As such, both
the CITY and TENANT agree to work together throughout the term of this AGREEMENT to try to
develop a program of activities mutually beneficial to CITY and TENANT.
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a. It is the intent of the parties that the operation of the Cupertino Historical Museum
shall bt.~ under the direction of the TENANT, subject to reas0mble control by the CITY, and that
any ambiguity arising from the foregoing provisions shall be resolved in the light of this paragraph.
b. TENANT shall arrange for personnel as is required for the operation of the musetm1
facility.
c. The TENANT shall be permitted to sell promotional items within the confines of
the display area.
d. The TENANT sHall be responsible for the security of all artifacts displayed by the
org,H1ization.
20. ENTIRE AGREEMENT: This AGREEMENT consisting of five (5) pages, constitutes
the entire AGREEMENT <md supersedes any prior agreement between the parties.
TENANT has executed this AGREEMENT for the PREMISES in Quinlan Conununity
Center on this __d_/ ,<, t day of -·:'>-( e 1 1 e~ , 1996.
CITY has executed this AGREEMENT for the PREMISES in Quinlan Community Center
on this __ '?. 'tic. day of (/Lv4& , 1996.
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Attested By
A ttachmcnts:
Kim Smith
City Clerk
By
Approved as to fo~~
Charles T. Kil'an
City Attorney
Exhibit A -Insurance and Indemnity Requirements
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EXlllillI.A
INSURANCE AND INDEMNITY REQUIREMENTS
INDEMNITY: TENANT agrees to indemnify mid llOlcl harmless the City of Cupertino, its
officers, employees and elccrcd officials, boards and com1Dissions from all suits, actions, claims,
causes of action, costs, demands, judgments m1d liens arising out of the TENANT'S perfonnance
under the AGREEMENT, including the TENANT'S failure tc comply with or carry out any of the
provisions of the AGREEMENT.
!Ni.~: TENANT 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 minlmwn
coverages and limits.
I. .COMPREHENSIVE G.EJ~Hi.:RAL llAJULITY.....JrjfilJRM:iCE; including the
following:
A. Premises Operations (including completed operations, if the exposure exits).
B. Broad Fom1 Blanket Contractual.
C. Personal lqjury coverages A, Band C.
1. All coverages must have a minimum of $1,000,000 combined single lir.1it.
II. .W.O_RKERS COMPENSA..TIQN: TENANT shall provide CITY with a copy of
TENANT'S Workers Compensation coverage.
III. .ENDORSEM.ENIS: 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 arc 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 endNsed to show that ·they are primary, <md any
other valid and collectable insurance the City of Cupertino may have will be excess only.
D. All insurance policies must be approved by the City of Cupertino.
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