94-020 Varian LeaseLEASE
THIS LEASE, executed in duplicalc al Cupertino, California this_._· · I_ day of
.. ------~· _ 199 _:,' between the CITY OF CUPERTINO, a municipal cot 11oration,
hereinafter called · Lessor", owner of the hereinafter described property, and Chuck
Varian herrinafter called "Lessee"
IT IS HEREBY AGREED between the parties hereto as follows
I That Lessor leases to Lessee, on the terms and conditions hereinafter set forth,
lhe real property situate in the City of Cupertino, County of Santa Clara, Stale of
California, more particularly described in Exhibit "A", which exhibit is attached hereto
and made part hereof
2. That the term of1his lease shall be for a period of five (5) years co,nmencing on
the I 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 N0/100 DOLLARS ($1,864 00)
for a one year period
4. That Lessee shall have the option 10 extend the tcm1s of this lease for a period
of five (5) years from dale of termination of this lease, subject to the same terms and
conditions governing the original hereof and al 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 h~vc the right at any time upon sixty (60) days notice to
cancel this lease. The lessee will cease use of1he leased property and structures. The City
would refund any unused rental fee al this lime.
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 propcr1y 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 casements 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.
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 wnsent of Lessor; that
the Le~sce may, however, do reasonable leveling as a part of maintenance in his d,,cretion;
that no structure or irrigation shall be pcrmitlcd without written consent of I .essor.
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 Lise of an existi~g drive across and upon the real property of Lessee for
ingress and egress to the creek b~ttnm 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 :mpair the rights or
duties of either Lessor or water rights oft he Santa Clara Valley Water District.
I 0. 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 S rial No. 3046391, have the sole use of said
property with the right lo 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 there: n dcscrib.,d.
12. That this lease and option shall not run to the heirs and assigns of Lessee but
shall remain personal to Lessee.
IN WITNESS WI IEREOF, Lessor and Lessee have executed this lease on the day
and year first above wri,ten
ATTEST:
I · , " · i ) ,,:., ! l ·-·---~c1~0/-z·
--L'~~ij.2_ __
City Allorncy
Notary acknowledgment required
for lc,;scc sign:tlurc ·2·
CITY OF CUPERTINO, a municipal
. corporation, Lessor By_4J_
Mayo
~ ........... -,,-_----.-.. //' -----·. //--·--~-----·--..
Chuck Varian, Lessee \
.;. ,..
u,
co
IJ
z
0
r_,i
0, ,.
0
~
,J,
,·,
l]\ .._~.
'{.l .+: ~T[VENS CREEK BLVD
L.ll ...-._
-I ,_;,
1~f\ c_:i: l_OCA TION MAP
'"
148. 98'
SC,\LE: I"= 150'
-15.91'
\
\_,-
LINE ___ I Dl"[(.;[ION_. ____ DIS.lflfK[_
·---··-~--~--'"--· ·--·-·--·---------L2 N •:,0·01 07" [ 140.7.3' -----. -----,--r-:,r-----·---·---:;i---
1 .. 3 -·-· S 30'42 _:,o _F . __ '!458 -.. ---
L1 l S 0!:,·14·4;," W fl4.B1'
1• 4 c ')7"?·1·,·o·' r ·,, Ho·'
---':...··---·-·--_ • .J • _____ .1 ______ ··-·------..... ~),): .. ; ________ _