98-012 Santa Clara Valley Audubon Society, Lease and Caretaker Agreement for the McClellan Ranch House~Cil~- cif
Cupertino
February 17, 1998
Santa Clara Valley Audobon Society
McClellan Ranch Park
22221 McClellan Road
Cupertino, CA 95014
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: <408) 777-3366
OFFICE OF THE CITY CLERK
Enclosed for your files and information is one (1) copy of the agreement by and between the City of
Cupertino and the Santa Clara Valley Audubon Society, which has been fully executed by city
officials.
Your agreement shall commence on March 1, 1998, and shall be completed before February 28, 2000.
Sincerely,
r
l' ~~
KIMBERLY ITH, CMC
CITY CLERK
KS/mp
Enclosure
cc: Department of Parks and Recreation
G:\City CIokVNaria\FOrms\Parka g 2a Agreementdoc
Printed on /?ocyc/od Paper
LEASE AND CARETAKER AGREEMENT
FOR 'THE
McCLELLAN RANCH HOUSE
This Lease and Caretaker Agreement ("AGREEMENT") is made by and between
the City of Cupertino ("CITY") and the Santa Clara Valley Audubon Society, a California
corporation, ("LESSEE").
The premises to be leased by this AGREEMENT is a portion of what is
commonly known as the "McClellan Ranch House," and more pazticulazly described as
22221 McClellan Road, McClellan Ranch ]Pazk, City of Cupertino, County of Santa
Clara, State of California ("PREMISES"). The PREMISES consist of two offices within
the ranch house consisting of 588 squaze feet, together with the non-exclusive use of
hallways, restrooms, and outside parking facilities.
This AGREEMENT is entered for the purpose of making available for lease of the
PREMISES owned by the CITY on the condition that: (1) the LESSEE pay the rent
above described, (2) the LESSEE is responsible for cazetaking duties of the PREMISES
site as set forth in the terms of this AGREE;MENT, and (3) the LESSEE provides the
CITY with educational programs, and informational workshops to the Cupertino
con~nzunity as set forth in the terms of this AGREEMENT.
CITY AND LESSEE AGREE AS FOLLOWS:
1. LEASE TERM: The lease of the PRIMISES shall commence on Mazch 1, 1998
and end two years later, on February 28, 2000, at which time the lease may be
renegotiated after evaluation by the CITY_
2. RENT: Rent shall be based upon th~~ rate of $1.00 per square foot per month.
Effective Mazch 1, 1998, LESSEE shall occuipy the front office of 308 square feet for a
monthly rate of $308.00, the middle office of 180 square feet for an additional monthly
rate of $180.00, and the office adjacent to the kitchen of 100 square feet for an additional
rent of $100.00. Total rent shall be $588.00 payable in advance on the first day of each
calendar month. LESSEE shall pay rent to CITY at 10300 Torre Avenue, Cupertino,
California, Attention Finance Director, Room 1 O1. In the event rent is not paid within ten
(10) days after the date due, rent is deemed late and delinquent and a late charge of
$20.00 plus interest at the rate of 10% per annum on the delinquent amount shall be
assessed. LESSEE fiii-ther agrees to pay $20.00 for each dishonored bank check.
3. SECURITY DEPOSIT: A security deposit of $250.00, not applicable toward the
last month's rent payment, has been paid by the lessee-
4. UTILITIES, TELEPHONE. OFFICE EQUIPMENT: CITY shall be responsible
for the payment of all utility bills applicable t~o the PREMISES including water, electrical
services, garbage and janitorial services for said PREMISES. LESSEE shall be
responsible for its own telephone service and. shall provide for its own office equipment
and furnishing.
5. TAXES: LESSEE shall be responsible for payment of any and all possessory
interest property taxes.
6. MAINTENANCE: CITY shall be responsible for maintaining the PREMISES,
including doorways, windows, sidewalks adjacent to said PREMISES and the interior of
the PREMISES in good and sanitary order, condition and repair, normal wear and tear
excepted, provided, however, that LESSEE <;hall be responsible for damages caused by
the negligence of its employees, invitees or guests. LESSEE shall not commit waste on
the PREMISES.
7. ALTERATIONS AND REPAIRS/AC'CESS: LESSEE shall not paint, paper, or
make alterations to the PREMISES without prior written consent from the CITY.
LESSEE shall permit the CITY and its agents to enter into and upon the PREMISES at
all reasonable times for purposes of inspecting; the same or for the purpose of maintaining
or repairing the PREMISES. Access to the PREMISES is limited to CITY employees or
agents, LESSEE employees or agents, and members of the public receiving services
provided by LESSEE.
8. HOURS OF OPERATION: 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 10:00 p.m. LESSEE shall be responsible for
securing the facility and setting of the burglar alarm at the end of each day.
9. COMMON AREA/PARKING: LESSEE may utilize the hallways, restrooms,
and parking facilities without additional rent; provided, however, that if LESSEE wishes
to utilize other areas of McClellan Park for which CITY normally charges a user fee,
LESSEE shall be responsible for payment of :>aid fee. CITY shall be entitled to utilize all
common areas for program activities upon giving LESSEE seven (7) days advance
notice.
CITY retains the right to designate exclusive parking for LESSEE, or any other
LESSEE of the PREMISES, or in the event that, in the opinion of the CITY, the parking
lot becomes over-utilized. It is estimated that .LESSEE'S need for parking shall not exceed
12 spaces.
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10. INSURANCE: 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 reference.
11. INDEMNIFICATION: CITY shall 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 any claims for damages
unless such damage is the proximate result of negligence or unlawful conduct of CITY,
its agents or employees.
12. SUBLETTING AND ASSIGNMENT: LESSEE shall not assign, sublet, or
transfer this lease or any portion thereof. An.y attempt to assign, sublet, or transfer shall
be void and shall constitute grounds for the termination of this lease by the CITY.
13. ANIMALS: No animals shall reside in or on the PREMISES without prior
written consent of the CITY.
14. ORDINANCES AND STATUTES: LESSEE shall comply with Cupertino's
Municipal Ordinances and all State and Federal Statutes and Ordinances now in force, or
which may hereafter be in force pertaining to 'the use of the PREMISES
15. SIGNAGE: The CITY shall provide signage designating facility and
organizations utilizing the facility.
16. CARETAKER DUTIES: As caretakers of the PREMISES and the surrounding
grounds, LESSEE promises to do the following:
a) Require that its employees wrio regularly operate the PREMISES obtain
training from the CITY's Naturalist and become familiar with the McClellan Park Rules
and Title 13 of the Cupertino Municipal Code, which governs the use of parks and
buildings of the CITY. Report to CITY's code enforcement and violations of the above-
referenced regulations found by LESSEE (a copy of Cupertino Municipal Code, Title 13,
is attached hereto as Exhibit B).
b) Notify the CITY's Parks and F:ecreation office prior to any absence from
the PREMISES for any extended period of time.
c) Report incidents, such as park misuse and vandalism, and any
emergencies, such as burglaries, to the D/IcClellan 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 Recreati~~n. (CITY shall furnish LESSEE with a list
of contact numbers prior to occupancy of the PREMISES).
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17. RETURN OF KEYS: Upon termination of this AGREEMENT, the keys to the
PREMISES including all duplicated sets, area to be hand delivered to CITY's Parks and
Recreation Director or an authorized representative.
18. HOLDING OVER: Any holding over after the expiration of the lease term, with
the written consent of the CITY, shall be construed as a month-to-month tenancy in
accordance with the terms of this AGREEMENT, until either party terminates the
tenancy by giving the other party thirty (30;1 days written notice delivered by certified
mail.
19. GROUNDS FOR TERMINATION: CITY retains the right to terminate this
AGREEMENT upon any breach by LESSEE., of any material term, provision, covenant
or condition thereof. CITY shall first provide LESSEE written notice of any perceived
breach in this AGREEMENT and LESSEE shall have ten (10) days to correct or resolve
said condition.
20. WAIVER: The failure of CITY to exercise any right hereunder shall not
constitute waiver of such right.
21. ATTORNEYS' FEES: If legal action is commenced to enforce or to declare the
effect of any provision of this AGREEMENT, the prevailing party shall be awarded
attorneys' fees and costs incurred in such action.
22. TIME: Time is of the essence of this ~~GREEMENT.
23. EXHIBITS: All Exhibits hereto, specifically Exhibits A and B, are incorporated
herein and made part of this AGREEMENT b;y this reference.
24. ENTIRE AGREEMENT: This AGREEMENT consisting of seven (7) pages,
constitutes the entire AGREEMENT and supersedes any prior agreement between the
parties.
25. ADDITIONAL DUTIES OF LESSEE,: LESSEE and CITY are 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 through the CITY Naturalist, and
LESSEE agree to work together throughout the term of this Lease to try to develop a
program of activities mutually beneficial to CITY and LESSEE.
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EXI-IIE3IT A
INSURANCE AND INDEl~.'INITY REOUIRENIENTS
Indemnity: LESSEE agrees to indemnify and hold harmless the City of
Cupertino, its officers, employees and electedl 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 provision:; of the AGREEMENT.
Insurance: LESSEE 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 minimum coverages and limits.
I. Comprehensive General Liability Insurance; including the following:
A. Premises Operations (including completed operations, if the
exposure exits).
B. Broad Form Blanket Contractual.
C. Personal Injury coverages A, B and C.
1. All coverages must have a minimum of $2,000,000
combined single limit.
II. Workers Compensation: LE~~SEE shall provide CITY with a copy of
LESSEE'S Workers Compensation coverage.
III. Endorsements: 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 are
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 Cuperl:ino.
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. All insurance policies must be satisfactory to the City of Cupertino.
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orn ix.v:Cr--_ r:o _ 710
AN OI'J)I::A::CL• OF T.iiF CITY OF CUPI:RTINO A?LE~DI:IC:
CiIAPTFr, l l _ OG OF T11F. CL:PF^_T7:I~0 rR.T~:T.CIFAL C02'E
TO FRO\'IUL FOR 1~:~TUPS AP:D/OI'.°.UI'.AL PI:ESI;RVF
T11L CIT7 COi)`:CIL OF T}iL- CITY OI" GUI`ERT7rN0 DOES ORDAIN AS FOLLOt.*S:
The folloarin~ provisions arc hereby addc~l.to ChaPtcr 13.04 of the Cupertino
i)uniciPal Codc:
Section 13.04.020 - Definitions
I_ Nature and/or Rural Preserve - A~park so designated by the City
Council pursuant to Section 13.04..201_
Section 13.04.201 - Nature andfor Rural Preserve
A_ Any park characterized by such unique natural f catures that it is
deemed a valuable and irreplaceable resource may be designated by the City
Council either by ordinance or resolution as a Nature and/or Rural Preserve,
in which event it shall be used and-tresited is a.manner consistent therewith_
B. Uses shall be limited to those which will maintain and protect the
ecology of the area, conscrve._the natural features and scenic values, e~:pand
come-unity aerarcness and understanding of natural history and the environment,
acid provide enjoyment of the resources present consistent with 'their preservation.
C. McClellan Ranch Parr is hereby designated a Nature and Rural Preserve_
Section 13.04_°_02 - RevulaLions and Gu3.delines
The City Council shall, by resolution, adopt regulations controlling the
use, and guidelines pertaining to the developraent-of, any'park designated as
a Nature and/or Rural Preserve. Any saich regulations adopted by the city Council
shall, where inconsistent therewith, t:ike•precedence over any general regulations
contained in Chapter 13.04.
INTRODUCED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of Novenber
,1975., and ENACTED at
a regular meeting of the City Council of the-City of Cupertino this
Stlz day of Jana~ary ,-1976, by the following vote:
Vote. Members of the City Council
AYES : Ticyers ,
NOL•S: None
AESE\T: Frolich
AESTAi3i: None
ATTEST:
Ncllis, Sparks, Jackson -
APPROVED:
/s/ Km. ~. l;vdcr /s/ James L•. J:~ckson
city Cler1: Mayor, Cj.ty of Cupertino-
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