HomeMy WebLinkAbout0251.094•
Ap>:U 28, 1994
~H HQNORABLB CITY COUNCIL
Palo Alto, California
15
nl~MtI,>_ Dab' Rl!~L.l4"9J"JL-=--i .. illJ!~J1J.[LJ,.<n:UlUII1_.AIllLJ'Hl;
Xnproy .... pt; Ordin&lla~~~~tnt2iliJ> of PaoiUW-'-at tho BayJ.AM!.
P.thletio c'M..n
K$~bors of the counol1~
This report ~6quasts that _Council approve tho Qttached Preliminary
Agrecoant between the City of Palo Alto and the Palo Alto Babe Ruth
League concerning t.ha constt'uction and gift to the City concession
stand and storage facility at tho Baylands Athletic ce;nter. 'l'his
report also recoonends that council "ft--aivo all city planning alld
building permit fces nornally imposed undct' the Municipal Fee
Schedule .in considoration fOl: the construction of this facility
'Which, ."hen cornplot-ecl, will be given to the city.
This report alao rli3conmends approval of a Baylands Park Improvement
Ol'dinftnce to "llo\( (or the construction of the concession stand and
stor.,qo facility,.
The palo Alto Babo Ruth Lea9ue bogan operation in Palo Alto in
1961. Tho League moved to the Baylands Athletic ContoX' in 1974,
shortly after the construction of the Center. The Leaquc's program
goals tire consistent wi"tl, those of the COltnnuni ty Services
Depart~ont and arc 90ar~d toward palo Alto youth.
This past ye-ftr, .the Palo Alto Baba Ruth I~ague has made two major
Gontributions to the City, through its donation of a new scoreboard
and renovation ,or ttU! infield at the Baylands Athletic Center.
Theso facility' improvements, in conjunction with City improvement
efforts, have oreated an oKco..llent taeil tty for all groups who play
on the fields. l
In July, 1993, tho. Palo Alto Babe Ruth League informed staff of its
desire to fully fund ~nd construct a 336 square foot concession
stand and storage facility at tho-Baylands Athletic Center. When
completed, the new facility would be given to the City as a gift,
for tho City's solo use and control.
i'ho proposed project ~'ill meet an acute need for Baylands Athletic
Center user groups. 'the palo Alto Babe Ruth .and American Legion
leagues, the palo Alto Oaks, and Cit}' p'l"ograms use the Athletic
center fo~ oxtensivo periods of time each summer. City softball
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and run events are cond.uct(!d thore f1·o1l\ March to October, annually.
The project will pJ'."ovlde 8 concession stand and reduce traffic by
eliminating the need for program participants and spoctators to
drive off site to ohtain food and bevera9cs. It also ""i 11 provide
much needed storage space.
rnliminarv "qre8l!1ant_~
Under the Prelininary Agre.emont, with the attached for~ of loaso,
the Palo Alto Babe Ruth League will pr(Jceed through tho city
approval process for the projoct (see AttachMent ul\f1 tor s1I1'Imary of
Preliminary Agreement). Tho Pr~lhrd.nary Aqreer=ont (Attachmont "BU)
grants the Palo Alto Babe Ruth League the option to lease
sUfficient land adjacent to the grandstand and tt ... o baseball field
to construct the-concession stand and stOriHJO facility. The option
to lease undE:lr the Agreement, however, cannot be cxcrci:scd \lntil
the entire project ha.s been appt'oved by the Cit)' and all tho other
conditions of the Agre.'~~ent havo been fulfilled by tho LEoague.
The concession stand and sto1:'.age facility vill consist of a 215-
square foot concession area and a 120 squi"Ire. foot stoT<lge roan. The
facility will be designed to be consistont with the oxisting
Athletic Center facilities and will meet current IHllcricClns with
Disabilities Act (1\01.) standards. The Lo8gue t s option to leaso for
the project will be in effect tor one year tron tho dato of the
commencement of the Preliminary Agreement.
Funding for the construction of the concession stand and stol·age
facility will be provided solely .hy the I..QiIiCJu..:J and its boosters.
'I'he I.-eague will have sole contt'ol ovar tha project. The leaso \lill
terminate when the project is completed. and the League will give
the new facility to the City for its sale use and control.
Pee WAiver
On March 21, 1994, council passed Ordin" .. ce. 4:204, a-oending tho
Municipal code to provide for waiver of fees under the Municipal
Fee Schedule that would apply to a private project to construct,
improve or otherwise enhance a now or existing public facility,
building or park. Under tho ordinance a construction or capital
project eligible for such fee waiver must result lri o:l new or
improved public facility, building or pcu-k that will be solely
owned or controlled, and operated, by the City upon completion of
the project. This project therefora meets the criteria and statf
reconunends that Council waive the following fees that .... ·ould other
wise apply to the 'project: $1700 for permits issued by tho
Building, Planning and Public Works Depart.ments.
Fa r)( Improy.ftme n t __ .Q rei i.l}m1Q!!;
The project will be constructed
which is park dedicated property.
before any substantial building,
CMR:251:94
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within the City-owned Baylands,
The Municipal Code requires that
construction, reconstruction or
Pa.ge Three
development is commenced on city park land, th~ Council must first
approve a Park IlIlprovement Ordinance before approving plans for the
project. A copy of the proposed Park Improvement Ordinance for the
project is attached for council approval (Attach'l1lent "e rl ).
~~ntRl A' •••• m.nt
The project is exempt from the California Environmental Quality Act
(CEQA) under section 1~303 of the CEQA Guideline •.
Raq9Q.ndatiQAI
staff recommends that Council:
1. Approve the attached Preliminary Agreement and LeaRo batween
the City of Palo Alto and the Palo Alto Babe Ruth League:
2". Authorize the Mayor to sign the Lease in substantially similar
form when all conditions required by t.he project have been
fulfilled as set forth in the Preliminary Agreement;
3. Approve the waiver of fees for the project in the. amol1nt of
$1700 for Building, Planning and Public Works permit fees: and
4. Adopt the attached Park Improvement ordinance to allow for the
construction of the project on the Baylands dedicated park
land.
~;t:v~~
Daniel B. Williams
Direc,tor~: ReCre(!On, __ :p:~ S~ace
j!..z:;be5----:,
Paul 'roiltgen
L ....... ~i.:l" ....... ~_
D~' ector Of~~unitY. services
~ e Fleming 0
~ ty Manager
and Sciences
Attachments: 1IAII -Summary ot. Preliminary Agreement
"B" -Preliminary Agreement i'md Le(\se
"e" Park Improvement Ordinance
co: palo Alto Babe Ruth League
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SUMMARY OF PR£LIKINARY AQR£&K8NT
(with Att.ohe~ Form of Lease)
1. The lease for actual construction will includ,9 appropriate
insurance and bonds to ensure th~t the cit~~ will receive a
completed project.
2. The Palo Alto Babe Ruth League will engage the s~rvices of a
profassional architect to handle all aspects of design and
project review. The architect will contract with structural
and mechanical engineers as appropriate.
3. The City will provide the project architect with any existing
infol~ation on the design and condition of the field space.
4. The Palo 1\lto Saba: Ruth I..aague will engage the services of a
professional project manager. This project manager mayor may
not be a member of the design firm. The project manager will
be the point of contact for City staff coordination throughout
the term of the project, from design through cOllst.rllction.
5. The City Building Inspection Division and Public Works
Department will review the plans tor the project. The ~1blic
Works Department I s review will include those aspects of design
pertaining to "maintainability" of the project atter it is
completed and given to the City for operation and maintenance.
During the construction phase, the Public Works Department
Facilities Management staff, in cooperation with the project
manager, will work to ensure future maintainability.
(>. The Palo Alto Babe Ruth League will be responsible for
accomplishing all associated work required to finish the
entire project. This includes a requirement to comply with
all new codes and ADA standards which might be triggered
because of the work on the facility I as ",;ell as all conditions
of the Architectural Review SOard.
7. construction of struc,tural, mechanical, electrical and
plumbing improvements will be done by licensed contractors,
including some volunteer labor. Selected finishing work, such
as painting and cosmetic detailing, May be completed by non
licensed volunteer labor using appropriat'9 materials. The
project manager will ensure that all work is properly
coordinated and completed in a professional manner and in
conformance with the approved plans and specifications I
including compliance with the City's Flood Hazard Regulations.
B. The Palo Alto Babe Ruth [.aague will not be responsible fot'
field use scheduling during construction. It is anticipated
that the City will find alternative accommodations fot" the
field users should the Athletic Center need to be closed for
any length of time.
CMR:251:94
ATTACHMENT "BH
PRB['DlINAA'l AGRfHGIENT
BBTWBBN CI'rY OF PALO ALTO
AND PALO ALTO 8ABB RUTlI LBAcroE
POR OIPT OF CONCRBSION STAlID/STORAOB PACI[,ITY
TO CITY
This Agreement is made this _~ ___ day of ___ , 1994
by and bet'Wcen' the City Of Palo Alto, a municipal corporation
(,CI'l'YII.), and the Palo Alto Babe Ruth League, a California
nonprofit corporation P(.'QRPORATION1l.
RECITALS
A. CITY Q .... ns certai'n JX\rk dedicated real property located in the
n .. "lylands, within the City of Palo Alto. Santa Clara County,
which is shown in Exhibit I attached hereto and Tl'.ade a part
hereof by this rofcrence {the "PROPERTY"),
B. ("'ORPORATION and CITY agree it is reasonable and desirable that
CORPORATION, (HI €stablls!1.ed and recognized organh:atioll of
citizens. present CITY with the major gift of a new facility
as described belo~.
C. The parties intend tllat tlle gift, hereinafter referred to as
the "l?l:oject", will include the confltruction of a concession
Btand/storage facil ity located on the PROPERTY, to be used by
CITY in conjunction with the Baylands Athletic Center.
Do. Under t'his Agreement CORPORNl'rON intends to proceed through
CITY's standard development approval process tor the project.
If. Under· this hgt'eement CORPOAATION will also obtain"an exclusive
option to lease the PROPRR'.i'Y to construct the Project. The
pl:oject )0'111 be constructed in accordance with the terms and
conditions set forth in this Agreement and the fo~ of lease
(the "Lease") attached hereto as Exhibit II, which exhibit i6
made a ~'rt hereof by this reference.
F. Under this Agl.-eement CITY intends to grant the exclusive
. option to CORPORATION to lease the PROPERTY. during which time
CORPORATION intends to obtain f.inancing and all the neces9ary
CITY approvals for the Project and to satisfy any other
conditiQnrs: set forth in this Agreement prior to exerc~sing the
option, leasing the PROPERTY and constructing the Project.
NOW, 1'HEREFORB, in consideration of the premises set.
fort.h above i the parties hereto mutually agree <IS follows:
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1. GRANT OF OI'TION
CITY hereby gran.ts CORPORATION an exclusive option to
lease the PROPBRTY. also described as the PREMISES under the Lease,
to conatl"uct the Project on the terms and 8ubje(:t to the covenants
and conditions set forth below and in tho [,ease.
2 • TERM OF OI'TION
'rhe term of the option granted under thit; Agreement shall
be one (1) year and shall corrl."'nence upon execution of this Agreement
by CORPORATION and CIT¥. The option tam may be extended only by
a written amendment to this J\gJ.-eement that ~s executed by both CITY
and CORPORATION.
3. CONSIDBRATION FOR OI'TIONS
In considerat:J.QO tor the option g~anted hereby; and if
CORPORAl"::{ON satisfies: aU or the conditions sel forth below,
CORPORATION agrees to construct the project at its Olm expense and
to perfo:nn the additional duties set forth in the I.ease.
4. CONDIUONS PR&C"DB~'T
CORPORATIOU may not exerdac the option under this
Agr,eement unless .and tlntil all tile following conditions have been
satisfied:
A.. lll"chitect.. CORPORAT,IOH" shall have engaged the services of a
professional at-chIt-eet to' handle all ~"lBpects of design and
re~iew of the Project.
B. l'.rQ~~ni!.9.llL. CORPORA'flOlI shall havo engaged the services
ot a professional project manager (the ·Project Mallager"). who
may be CORPORATION's architect for the Project. CITY's
Director of Public WorKS 01:" his designee ahaii have reviewed
and approved CORPORATION's contract 'With the project Manager.
CIT¥# s approval of the contract 1s required prior to the
commencement of the Lease, provided that CITY will not
unreasonably withhold or delay its approval of the Project
Manager's contract so long as it sets forth the Pxoject
Manager's responsibilities ao follows:
(i) '1'0 aetve as the point of contact for CITY staff' S
coordination wIth CORPORATION and CORPORATION' B
contl'actor concerning the Project, frorn design
through construction throughout the term of thtB
Agreement and the Lease entered into pureudnt
hereto;
(iil To gene.-ally oversee constn.ction of t.he Project,
including conducting on-site inspections from time·
to-time, as appropriate;
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D.
(iii) '1'0 monitor the Project's conformance 'Kith the
Construct-ion Drawings (as hereinafter defined); and
(iv) To maintain professional liabilitYI comprehensive
~elleJ:al liability I worker's compensation and
automobile insurance ao required by Clausea 14 and
15 of the Lease; provided that if the Project
architect is serving as the Project ~bnager, tho
Project architect need not duplicato hie or her
insurance cover.age to satisfy thia proviaion.
DeveloJ)D\g!nt Plans App:(Qlli. CORPORATION shall hcwe Bu~Htted,
and received approval of, the develo(>i--nent plana for the
Project (the IIDevelopment Plans-) frof'[\ CITY's ltrchitectural
Review Board and City Council. TILe De· ... elopf,lcnt Plans shall
include a site layout of the PROPERTY and any ",djacent
buildings, Bchematic floor plans of the facility to b~
constructed, simple elevations of the structure~ t0P<XJraphical
infortf'~.tioll that will depict to tlw City Bngineer's
satisfaction how drainage will be aCCOfromodCltcd on t.he PROPBR'l'i'
and from adjacent properties to the extent resulting from the
Project'a construction, idenU.fication of p~-oposed
architectural theme or style, any landscapin9 plans, plan for
fulfilling the pat-king requiretl1ents. if Clny, details or any
resource cOllsetvation features to be included, plan for
fulfilling any requirements for the Project under the federal
Americans With Disabilities Act of 1990 (the -ADA"), plan fot.
compliance with the flood hazard regulations lmder Chapter
16.52 of the Palo Alto Municipal Code, a detailed d.escription
of all proposed improvements {including proposed USCR and
methods of operation and a general outline specification which
identif,ies proposed construction material and methods) \\11d an
engineer's estimate prepared by CORPORATION's architect of the
total construction cost for the Pl'oject.
~n~ti.QIL..Dra.w!J19JLl!...p.ru:o.~. To exercise its option to
lease for the project, CORPORATION shall have obtained
approval of the construction dra",ing8 for the Project (the
·Construction Drawings") from CITY's City Engineer and Chief
Building Official. Review of the Construction Drawings for
the Project by the C~"ty Engineer shall have included those
aspects of design pel~tainin9 to whether the Project can be
effectively "~intained after it is completed and given to CITY
for operation and maintenance_ The Constl:uction Drawings
shall include:
(i)
Cii)
(iii)
(iv)
(v)
Complete architectural. landscape., systems and
engineering plans;
Complete structnral calculations;
Complete construct.ion specificationsj
Complete construction contract for"il\j and
Proposed construction schedule.
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B. QEQA Complia~. CORPORATION shall have complied with the
California Environmental Quality Act of 1970 (-CEQA·) as it
may be amended from time to time, and all related CITY
procedures for implCl;,\enting CEQA, to allow the Project to he
constructed.
F. !'.~. CORPORATION shall have provided to CITY's Manager of
Real Property evidence that all permits and approvals from any
and all agencies having pre-construction jurisdiction over' the
project~ including but not limited to building permits,
grading permits, Btreet opening permit8 and health permits r
have been authorized and are available.
G. Certi fieat iQtLl&~ll....l!l!il4!Jl!LllMWl!l. CORPORATION sha 11
have submitted to CITY's Chief Building Official certification
that t.he plans .for the Project comply with current building
codes and enprgy conservation requirements as set forth in the
California Code of Regulations, Title 24, fOl' nonresidential
construction. The form and content of said certifications
shall conform with the requirements of said Title 24.
H . (.e.!:.L~!..QlL~it~ngille.er RegdI.>!iJJ~1\ .... !:QJl)l;;lJ_"~.
CORPORATION shall have submitted to the City Engineer
certification that the plans fOl' the Project ccmply with the
ADA and its regulations.
I. Certifici!ti~ __ to City ~.!1£r.J •. n~_~_~iill!in.~_Y~.ruu:Q
.Rfl9.l.tl.!~-tiQIlll.. CORPORA'l'ION shall have submitted to the City
Engineer ce:t:tification that the plans for the Project comply
with the flood hazard regulations set forth in Chapter 16.52 or the Palo Alto MUnicipal Code.
J. Sufficifmt F'iniln.cial~QlUJ...ty ___ .t.Q... ___ ~.te Project. To
exercise its option to lease for the Project, CORPORATION
shall have furnished to CITY' 8 Director of Pinance
satisfactory evidence to ensure tbat sufficient financial
security will be available to complete the project, as set
forth in the approved Development Plane and Construction
DrawingD. To furniHh such satisfactory evidence, CORPORATION
must comply with all requirements of Clause 9 (CORPORATI02l's
lISSURANCK OF CONSTRUCTION COMPLETION) of the I.easo.
J(. Insurance Coverage. CORPORATION, in accordance with Clauses
14 and lS (INSURANCE) of the Lease, shall have provided~ and
caused to be provided, to CITY's RiSK Manager evidence of all
required insurance coverage in the amounts sct fo~th in the
L.ease, . naming CI'l'Y, ita officers, agents, employees, and
CORPORATION, as additional insureds under such policies to the
extent required under the Lease, to the satisfaction of the
Risk Manager.
L. Insurance .-C.Q.Y.e.L"Ul.eLor Testing. Prior to conducting any soil,
geologic or othey ,te~t5 or investigations on the PROPERTY,
'CORPORATION shall also have provided evidence of the insurance
coverage held by CORPORATION's architect, l.'equired by and in
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the amounts set forth in Clause 14 of the Lease, naming CITY,
its officers, agents and employees, and CORPORATION, as
additional insureds under such policies to tile extent required
under the lJease, to the satisfaction of the Risk Manager.
S. EXERCISE OF OPTION
At any time dUl'ing the option term under this Agreement
that CORPORATION has satisfied each and every condition precedent
set forth in Paragraph 4 (CONDITIONS PRECEDBNT) to the satisfaction
of the City Manager, CORPORATION may exercise auch option by giving
the Manager of Real Property written notice of its election to do
s~, accompanied by two (2) properly executed copies of the Lease,
CITY sllall execute the Lease withill three (3) weeks of l.'eceipt of
CORPORA'l'XON's request to exercise the option in accordance with
this paragraph.
6. GENRRAL CONDITIONS
A. B..eYiew.....bY ___ ~j".ty. CORPORATION hereby acknowledges that one of
the purposes of this Agreement is t.o affo:t'd CORPORATION and
CITY the oPPol'tunity to determine whethel' or nat CORPORA'rrou
is able to meet the various conditivrts and obtain the required
approvals as set forth in this Ag.l'eement to construct the
Project. Several of Bueh conditions involve obtaining review
and approval of the Project from officers~ boards, employees
or agentA of CITY. Each of those reviews shall be conducted
1n an independent and timely manner and nothing contained
herein shall be deemed to limit the jurisdiction or authol."ity
otherwise possessed by said officers, boards, employees or
agente in the conduct of such review. Nothing contained in
this Ag,reement shall be deemed to imply that said approvals
will be forthcoming, and the failure to issue any such
approval or permit by any officer, board, employee or agent of
CITY shall not be deemed in any manner a breach of this
Agreement~ nor shall any such timely denial give rise to any
claim, l:labilitYr obligation, or cause of action with respect
to this Agreement or the Leases~ However~ CITY agrees that
such reviews shall not be Bubj ect to any more rigol.'ouS
scrutiny than ~ould apply to any other project.
S. Q..th.e.r. GQvernmenJ;J!f Approva...l..6., CrTY agrees to consent to any
lawful and complete application by CORPORATION with respect to
any permits or approvala related to activities or improvemellts
approved by CITY in accordance with the opt.ion which may be
required by any other governmental or other regulatory
agencies.
C. In.LQnna..t.i.~Ql1 __ ~'1QPBRT'i. CITY shall provide CORPORATION or
its designee ~'ith any information in its possession on the
PROPERTY~ within ten aO) working days of receipt ot a wi.'itten
request for Buch intollt\a.tion, Such information shall
t:epresent the most current condition of the PROPERTY, to the
best knowledge of CI'l'Y, CORPORATION shall be responsible for
verifying such information as m..'1.y be necessary or appropriate,
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D. AsBignffi!Ul.L2L.D.:rulJL(ecj)t_ Q~iQIL~r9Jll12it~. This option to
lease the PROPERTY has been awarded based on the unique
background and proposal of CORPORATION; therefore. this aptian
cannot be assigned or otherwise transfen."ed without the prior
w.ritten consa-nt of CI"ry. Failure to obtain CITY's recp.lired
. written conflent.: ahall render said assignment or transfer void.
fl. flxtenBi~_Qp~. Upon receipt of CORPORATION's written
request stating the reasons therefor, the City Manager or her
deoignee may, in hie or her sole discretion. extend the term
of the option undel." tilts 1\greement as follows:
(i) Tho City Manager or her designee may extend the
term of the option for R reasonable period of time,
as determined bY' the City I·sallager or hel designee,
in the event CORPO?...ATION is delayed in ful.filling
the conditions pt"ecedent to the exercise of the
option by rC3aon of any cause not the fault of, or
uithin the control of, CORPORA1'ION or ita agents or
employees; or
(i1) 'T-he City l~nager Ol." her designee may extend the
tenn of ao option fot" a period not to exceed ninety
(901 da.ys, in the event CORPORATION is delayed in
fulfill ing the conditions precedent to the exercise
of lhe option for any other reaaon. However; the
City Manager or her designee may ~rant such
extension only upon the following conditions:
a. Written request for sllch extens,ion shall have
been delivered by CO~PORATION to CITY's
~~nager of Real Property at least fifteen (15)
days pri()r to the expiration of the option
term under this Agl."eement; and
b. CORPO~,\'T'JON shall submit, together wlt.h ita
request tor extension, evidence of its
progress tm.f('lrd {ul filling t.he conditions
prec~dent to the exercise of the option,
documentation o( itB proposed actions and
feasibility of satisfying said conditions
within the term of the extension requested and
Buch other information and material as may be
required by the Ci~y Manager or his designee.
F. T=illiltlQ1LQl~lQn. Pailure of CORPORATION to meet the
terms and conditions of this Agreement fully and
satisfactorily ~ithin the time limits stated, subject to the
possibility of extension of the time limits under Paragl·aph
6(E} hereof, or under a written and executed amendment to this
Agreement, shall absolutely aud conclusively terminate
CORPOR"-TION' rights hcr~ullder. CORPORATION may also terminate
thie Agreement if it believes it is unable to complete the
Project because of inadequate financing. Upon termination
hereof without exercise of the option, CORPORATION shall,
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within five (5' bllsiness, days of .receipt of request from
CrN's Manager of Real Property, deliver to cny • properly
fJxet::!uted q,uit 'claim deed qui.tclaiming any and all interest in
and to the PROPERTY to City, Rxecutlon of the Lease by CITY
and CORPORATION substantially in the form of Exhibit II shall
also constitute a termination of this Agt-eemellt.
Ql&£Q&l)TION' D Rig:llL,~,J!llt.u, CITY hereby 9rants to
CORPORIt.'l'ION, its agents and employees, during the te).lfl of this
Agrea~ent or any extension thereof, the nonexclusive right to
enter the PROPBRTY at ;reasonable times for the purposes of
conduct.ing, at CORPORATION's 0',1"( cost and expense, such soil,
geologic, and engineering or other .\nvesti.gatioJ1s au rr-ay be
l·equired to enable CORPORATION to eatiafy the conditions
precedent to the exel·~ise of. tile option, Such entry by
CORPORATION, its agents and employee8, shall not interfere
with CITY' B current use of the PRO_PRR'l'¥. P..-ior to any
disruption of CITY services by CORPOAATION [or Buch
inve8tigationa~ CORPORA'rION ah2\ll Hotify the iliVOlv~d CITY
Departments or users of the affected areau at least twenty
fOUl" (24) hours in advance in order to minimize disrupt ion of
CITY's operations, CORPORATION hereby agrees to protect,
indenUlity~ defend and hold CITY. its officCTS, boal-dR~ agents
and employees, free and hannlesu from any loa.'i Ot· liability
incurred by reason of any such investigation, CORPORATION
agl:eeB to repair at its sole expense any and all damages
caused to the PROPB-R'I'Y by reason of an)' such investi9at ion,
H. Notices. J\ny noticp.; tender, or delivery to be given in
accordance with this Agreement. by either pan.y to the other
shall be given in accordance with Clause 19 (NOT.tC"~S) Qf the
Lease. ,
I. ID,1tire Agreement, This instnllncnt contains the entire
agreement between the partie.s relating to tho option 9ranted
under this Agreement. Any oral reprcaentiJ.tions or modifica
tions concerning this instl."1J!IH!nt shall be o( no force and
effect~ except in a subsequent modifiCation which io fI\ade in
writing and signed by both parties.
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Recovery of Attor~~_fi.elt. In the event. of any controversy,
claim; or dispute between the pa.rties hereto, arising mit "of
or relating to this A9r~ement or the breach thereof, the
prevailing party shall be entitled to recover from the losing
party reasonable ex:penses~ including attorneys; fees, and any
other legal coats.
Binding ..2!l.....S.uccessQJ;ll. This Agree-ment shall bind and inure to
the benefit of the respective heirR~ personal representatives.
successors; and assigns of the paxties hereto except as may be
expressly provided elsewhere in this AgreeMent.
!19...Y.:~r.ning Law. This Agreenlent shall be governed by the laws
of the St.ate of CalifOl:·nia.
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IN WI'mESS WHBRBOF, the pat'ties hereto have executed thio
Preliminary Agreement on the day and year first abovo written,
CITY OF PALO JlLTO
=~----------. Mayor
ATTBST,
City Clerk
APPROVED AS TO FORMs
Senior Assistant City Attorney
RBCOMMBNDBD POR APPROVAL I
Direct.or ot' Planning ana---'
Community Bnyironment
Director of Community SerViceiS
Risk: tomnager
Attachments:
PALO ALTO BABE RU'1'Ii L~GUE
By, __ _
Its:
By ' __ . _______ .... _._.
Its: _________________ <_'" ______ _
Bxhibit I:
Exhibit. II,
Depiction of the Property
Lease
B
STATB O~
COUNI'Y OF
G
CBRTIFICATE OF ACKNOWLBDGMENT
(Civil Code § 1189)
On
notary
I before me, __ , a pub"17i~c-7i~n~~a~n~d'-~f~or said Count~erBonally appeared
.I personally known to me
(or proved to me on the basis of ·c."."t"iC:."fO":actory evidence) to be the
pel'son(s) whose name (8) is/are eubscribed to the within inot:n.ur.ent,
and acknowledged to Iro that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature (s) on the instrument the person (8) I or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and offi.cial seal.
----------
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STATIi OF
COUNTY OF
o
CERTXFlCATif OP lICJQlO'IfLRD<JMRm'
(Civil Code § 1189)
: ..
On . b~fore me, r a
notary public in and for said County, perso'1ally appeared
-r=------------.. ----------------.. ' personally known to me ,or pl."oved to -11.\6 on the basis of eatisfi:tctory evidence) to be the
person(o) 'Whoso narne (3) ia/are subscribed to the within instrument,
and .ftcknowledged to me that he/she/they executed the same in
his/hEr/their ""thorized capacity(iesl. and that by his/her/their
algnllture(s} on the instrument the person(a}. or the entity upon
behalf of which the peL"Son(s) acted, executed the instrument.
WITNBSS my halld and official seal.
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BXIIIBIT II TO
PRBLIMINARY AGlUlBlmNT
LEASB BBTWEKll CIT'{ OF PALO ALTO
AND PALO ALTO BAB" RO'l'II LRAIJUE
FOR PROJE(''T TO CONSTRU()T NIrW
CONCBSSION STAND/STORAO" FACILITY AT
SA YLANJ)S ATlILET ICC I<N'l'BR
THIS LEASE is made this day Qf . .... •
1994 by and between the City of Palo Alto, a California munrcipal
corporation (IiCITYIt). and the Palo Alto Babe Ruth Lea9ue. a
California nonprofit corporation (-CORPORATIONI).
1.
RECITALS
CITY' owns the real property located in the B.:lylands. Park at
190{) Gang Road, Palo Alto. California, as described and shown
on Exhibit "B" attached tJereto and incOl-porated he:n~in by thin
reference (the ·PREMISES-).
2. CORPORATION intends to benefit CITY and t.he public by
constructing a new concession Btand/storage faci 1 ity on the
PRBMISRS, to be used in conjunction with the Baylands Athletic
Center, at CORPORATION's sole expense and as described in
Exhibit "en attached hereto and incoJ:'porated hel:ein by this
reference (the IIProjectp.). Once completed .. CORPORl\TION
intends, to give the concession stand/sto:r;age facility to CIT¥.
3. Under this Lease. CITY desires to lease tlH) PREMISES to
CORPORATION 80 that CORPORATION may proceed with the
construction of the Project in accordance with the terms end
conditions set forlh below.
4. The parties hereby acknowledge that CORPOR~TION is a private,
nonprofit corporation operating separat.ely and independently
from CrTY. CORPORATION intends to construct the Project.
privately, under its sole contr.ol .. subject only to the terms
and conditions set forth below.
NOW, THBRRFORE, in consideration of t.hese premises, the
parties hereto mut.ually agree as follows:
1. PIJ'RPOSHS
The purposes .of this Lp.ase are A} to allow CORPORATION to
construct the Project and give CITY a new concession
stand/storage facility to be used by CITY in conjunction with
the Baylands Athletic Center, for the benefit of CITY and the
public; B} to provide for CORPO~ATION' B sole m..~nagement of the
PRBMISES and construction of the Project during the term of
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this Leasei and C) to provide for the PREMrSBS, as improved by
the Pl':'oject, to revert to CITY l..lpon termination of this Lease.
2. PlUlMISllS
Subject to the terms and conditions set forth in thio Lease,
CITY hereby leases the PREMISES to CORPORATION. CORPO~~TION
hereby leases the PRBMISHS from CITY for tile PU'l."pose of
constructing the Project as described in Bxhibit wC~.
CORPORATION recogniz~s that it will undertake construction on
the PRBMISES subject to the property's existing condition.
3 . RBQUIRED USB
In furtherance of the purposes stated above, the following use
shall be provided, permitted or prohibited on the PR8NISBS:
A. Required Ils_e. CORPORATION shall use the PRENISES only as
necessary to construct the Project.
B. F-estl:'icted Uses. Except as the parties may otherwise
subsequently agree, the above listed use shall be the
only use pelTidtted upon or from the PREf'.nSBS.
4. TERl~
The tent of this Lease shall continue until the completion of
the Proj eel-. as provided under Clause a {G) hereof. but in no
event longer than one (l) year. The term shall commence the
first day of the month following the execution of the Lease by
crr]'. The term shall be subject to renegotiation bet;\leen the
parties, should the Project's completion be delayed for any
reason'beyond the reasonable control of CORPORATION.
5. TERMnlATION OF PRIOR AGRBBI1ENTS
This Lease supersedes all other prior leases Ot' agreements
entered into by CITY for use of the PREMISES, including the
Prel iminary Agreement between CITY and CORPORATION' dated
.~~--:c=~' 1994:, concerning CORPORATION' B option to
leaee the PREMISES (the "Preliminary Agreement"). The
Preliminary Agreement is attached hereto as Bxhibit !OlD'! and
incorporated herein by this reference.
6. CONSIDBRATION
In consideration for the lease of the PREMISES, CORPORA'rION
agrees to construct the Project at CORPORATION's· expense, and
under CORPORATION's sole control, according to the terms and
condition of this Lease.
7. MAINTENANCE AND REPAIR
A. ~RATIQHI s Duties. CORPORATION agrees during the term
of this Lease to maintain the PRRMISBS, and during the
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construction of. the Project to ma~.ntain the Project, in
a coimtercially reasonable and safe malUle:r to the complete
satiDfaction of CITY and in compliance with all
applicable laws. CORPORATIO~ further agrees to provide
approved containers for: trash and garbage generated b:r"
the Project's COtlfltruction and to lawfully dispose of all
such trash and garbage. CITY shall have the t"iglll:. to
~nter upon and inspect the PREMISES at any time to
determine whether CORPORATION is complying with this
Lease and whether the site is being maintained in a
reasonably aate manner. Notwithstanding t.he above
provisions, CORPORATION shall also be respoJlsible for
damage or repair to the PREMISBS resulting from
CORPORATION I s construction of tho Project or
CORPORATION'B other use of the PREMISRS, and not
occasioned by nonnal weal." and tear.
fiili"r..e.._t.Q_M~:~,intilll. If CORPORATION fails to Tnaintain OJ:'
mak.e repairs or replacements as requi:t..'ed hCl."ein, CITY may
notify CORPORATION in writing of said failure. Should
CORPORA1'lON fail to correct the situation within a
reasonable time ther.eafter, as established by CITY's City
Manager or her designee, Cl'r'i's Real Property ~o1anager may
make, or cause to be made I the nec.essary corrections and
the cost thereof, including but not limited to the cost
of labor, materials, and equipment and a reasonable
charge for administration alld overhead, shall he paid by
CORPORATION within ten (10) days of xeceipt of a
statement of said cost from CITY's Real Property Manage1"
CITY may ~ at its option, choose any other remedies
available herein or by law to secure such payment.
8. CONSTROCTION BY CORPORA'l'lOll AND ACCEPTANCE BY C1TY
A. Minimum C.QDJitruct.ion ~i.mi.ng. Cornmencil19 on or about
______ ._. ___ ~ 19 __ , or as otherwise approved by CIT't,
CORPORATION shall in an ef.ficient and wo:t.'kmanlike manner
cause the Project, as previously approved by CITY under
the Prel iminary A~reement I to be constructed on the
PREMISES in substantial complian.ce with the approved time
schedule for. constructing the Project.
B. llIDl.el.QJ2m~m_L.el.snLand Construction Standa_~. All design
and construction of the Project by CORPORATION f:lhall
conform with the "Development Plans" aud "Construction
Drawingsn, as defined and previously approved by CITY
under the Preliminary Agreement, and shall meet all other
requirements contained in this Lease. CORPORATION shall
at all times comply with CITY's regulations governing
construction noise cont.rols under Chapter 9.10 of the
palo Alto Municipal Code and any construction dust
contl."ol mitigation measures imposed on the Proj eet by
CITY.
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F&!l.Il.Q!llUPll i ty for Hork. CORPORATION aha 11 be
l:csponaible to ac.::: omp 1 ish all associated work requir'ed to
finish the Project. CORPORATION shall comply with all
conditions CI'I"~ has imposed on the project during its
.npproval process. Dliring construct.ion, CITY's Public
liorka Depal.-tment Facilitiea Management Btaff~ in
coordination with CORPORATION's pl.'oject managet', ahall
work to ensure that the Project and the PRRto1IS8S can be
effectively maintained after the Project is completed and
given to CI1't' \lpon termination of this Lease; pl'ovlded,
!1owever. that in taktng any such action, CI'N shall not
n'!Q\11re that the Project be constructed in a manner
rnateri'ally di!fel.'cnt from the approved Development. Plans
and COllstruction Drawings.
H~n:"RtL.l!JJ(\_(illi!li!lltY_J'li.llUll"lll~n.t.l!. CORPORIITION aha 11
includo standard CITY requirements in any equipment
purch.nsoa and construction contrilctf3 regarding warranties
.vod workm:mship guarantees for the Project. A list of
such require{rlcnt9 shall be pl'()Vided to CORPORATION by
C!'t)' upon requeB t .
E. ~_Qn~.tx.!!!,;J;.hm L'5"1bQ[, StnlcturaL mechanical. electrical,
and plumbing construction shall be done only by
contractors licensed in the State of California,
including by volunteer contractors. Selected finishing
""ork, 8uch as painting and cosrr,etic detailing that do not
require liccnau:t'e to pel-form lawfully may be completed by
in-kind donations and volunteer, nonlicensed labor uslng
app).:opriato materiala. CQRPOR.~TION' s project rn.:"lnager
shall oversee all Buch ""ork, concerning its proper
coordination and etfcctive completion as required under
'tnis Lease.
P. Cl:r~!l.. __ 1rnprQval. The P("oject 9fiall be constructed in
compliance 'with the approved Development Plans and the
ConBtnlct.ion Drawings, Any conditions relating to the
rn.;"mner, met,hod, desi9n and COllstruction of the Project
established under the Project's approval process shall be
conditions of this clause as if they were' originally
stated herein.
G. ldlm-R!&ti.QJl_9L __ P"9j_e_~t __ il!l.~L_A~<;;=tance by.......Qity. Upon
completion of construction of the Project, CORPORATION
shall Bubmit. to CI'l'Y1 B Real Property Manager a
Cextificate of Inspection, verifying that the
constl.'1.1ction was completed in cOJlformance with Title 24
of the California Code of Regulations for non· residential
con8tl~ction, The Project shall be deemed completed for
purposes of this Lease at fl\1Cn time as all of the
following have occurred:
i. CORPORATION's architect has delivered a written
statement to CITY stating tllat the Project has been
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substantially cootplE'ted in acco~ance with the
specificationa ana Construction Drawings;
11. CORPORATION has "btained all necessary CITV
inspect.ions of and approvals for the Project, and
CITY is lawfully 2ntitled to occupy Buch IJpace
under a .certificate of occupancy;
iii. Representatives of CITY and CORl'ORATtON have
complet.ed a ·walk·through· inspection of' the
Project, and ,.11 major defects and incomplete items
that materiallY impaJ x' una of the space hav~ been
remedied and a ·punch-li'Gt-of minOt" defects has
been prepared for prO'-1pt l'epah' and completion .by
CORPORATION;
iv. The site has been swept b:nx){tl. clean alld all rubbish
haa bef!r] rm;1Oved by CORPORATION j'
v. CORPO!<ATION has nude th~ apace available to CITY
for occupancy; and
vi. CI'l'X"s City t-'..-.lna.ger haB conf.i~d in writing to
CORPORATIml that ~ll :t"equirerr.elltn under this clause
have been 8C1..tisfied and that the project is
compl~te for final acceptance by CITY of
CORPORATION'~ gift. UPOll CORPOAATroN's receipt of
such notice. this Lease Bhall terminate. The
PRRMISRS, and all improvements constructed thereon
under this Lease, shall Ulen become the Gole
property of CITY,
cORPORATION shall thereafter enSure that CON:~~RATION' B
contractor will l'epai"C and complete~ to Cl'i"r"s
satisfaction, all iterns on the punch·llst within sixt)'
(60) days following the tE'llninatiQn of this Lea8e~ as
provided herein.
9. CORPORATION's JlSSURANCR OF CONSTRUCTION COHPLR'l'roN
Prior to corrrnenccment of this Lease and construction or the
Project, CORPOM'l'ION Bhatl furnifJh CITY's Director of Finance
with a specific construction schedule and evidence that
assures CITY that sufficient funds 'Will be aVifilable" to
cOll'Lplete the project. &Vidence of -such assurance shall take
the t"o:rros set out below and ahall be deemed to guarantee
CORPORAT!ONjs full and faithful perfo~nce of all the terms.
covenants and conditions of this Lease:
A. Performance bond, supplied by CORPORATION' a contractot" Ot"
contractors r in t,he amount of 'Thirty TJlOueand Dollars
($30,OOO)~ to fully guarantee said contractor's
construction of the Project; provided, however, that said
bond is issued with both CORPORA7"rON and CITY named as
beneficiaries; and
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B. Labor and materials (payment) bond, auppl.it'..>d by
CORPORA'T'ION, in the amount of Thh'ty Thousand Dollars
($JO~OOO)r provided, however, that eaid bond i8 issued
with both CORPORATION and CITY Ilamed as beneficiaries.
All bonds must be issued by a company qualified to do business
in the State of California and acceptable to erTY'e Treasury
Manager. All bonds shall also be :l.n a fOl'tT'l accept.able to
CITY's Treasury ~~nager and CITY's City Attorney.
10. DAMAGB TO OR OBSTRUCTION OF PREMISES
A. Ilil!OO£J~LQ~lit.xuctiQn (Making PR6.MISBS lIn.tlJ;-'.QL!il!.Q~l In
the event tl).E! PRBMISHS, or any portion tllereof r is
destroyed by any cause that renders the PREMISES un! it
for the purposes designated in Clause -4 (RP.QUIRBD USR) ,
and if the PREMISES is so badly damaged thut it cannot be
repaired within ninety (90) days from the dale of sud.
damage, either party ffi<.,,\y terminate this Lease by giving
to the other party written notice uithin ten (10) days of
the occurrence of such damage.
13, ..!.illmt:ruL. __ P.2..{tJit),.~e1it.nt~J;jQll. If the PRR!.1ISBS is
partially destroyed by all}' cause covered by COkPORA'I'ION's
insurance policies required under Clause 14 hereof, and
the destroyed portion can be rebuilt or I:epait'ed within
ninety (90) days from the date of destr.uction, CITY shall
repair the damage or destruction with reasonable
diligence. In such event, this Leas~ shall remain in
full force and effect.
c. ti2n.:....l..lli!.\l.L.e...(t_.f~.tl!.aL....Q.Q.~1nlction. If the PREHISES is
partially destroyed by any cause not covered by
CORPORATION's ·insurance policies, but the PRF.MISRS can
still be used for the purposes designated in Clause 4,
CORPORATION may, at is option, terminate this Lease
unless CITY commences rehuilding or r~pair of the
destroyed portion of the PRBMISBS within ninety (901 days
from the date of destruction. Such termination by
CORPOR.ft.TION shall be accomplished by giving CITY written
notice of termination not sooner than ninety (90) days
Ilor later than one hundred (100) days following the
occurrence of slLch damage or destruction. Thls Lease
shall terminate on the date. such notice of tenr\ination is
received by CITY. If CITY accomplishes such repair or if
CORPORATION fails to exercise its option to te~inate,
this Lease shall remain i.n full fo;,"ce and effect.
D. Glass Br~~. Glass breakage shall not be deemed a
partial destruction within the meaning of this claus~.
11. AS BUILT PL.'lNS
Upon completion of the Project, CORPORATION shall provide
CITY' B Real Property r>ianager with a complete set of 24. x 36-
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-3 mil myla:c repr:oducible "as ~JUilt plans" reflecting the
act.ual construction performed by CORPORATION under this I.ease
upon the PREMISES.
12. OWNERSHIP OF IMPROVEl1ENTS
All improvements constructed, erected or installed upon the
PREMISES must be free and clear of all liens, claims or
liability for labor or material and shall become the pz.'opel'ty
of CITY, as provided 'under Clause 8(G) hereof, and remain upon
the PRE~.uSBS upon tennination of this Lease.
13. UTILITIES
CITY shall
delinquency.
PREMISBS.
he responsible for and shall pay, prior to
any charges for utilities supplied to the
14. INSURANCE
A. Minimum I,imit!Ll1..ruL.!~Q=-QLQ!y_~",=. CORPORllTION shall
he reaponsible to ensure that the following insurance
coverage acceptable to CITY is maintained in full force
and effect throughout the term of this Lease.
i. CORPORATION shall maintain the following policy or
policies of immrance with the following IJ.mits and
coverages:
POLICY
COMPRBHENSIVE Bodily Injury
GENERAL LIAB'nllTY,
including products
and compl eted Property Damage
operations, broad
form contractual,
and personal injury.
$1,000,000 ea. person
$1,000,000 ea. occurrence
$l I OOO,OOO.aggregate
$1,000.000 ea. occurrence
ii. CORPORlITION 1 S
maintain the
insurance with
architect for the Project shall
following policy or poliCies of
the following limits and coverages:
POLICY
(1) WORKER'S COMPENSATION
(2) COMPREHENSIVE
At."TO:10BII.E.
including
owned. hired
and non-owned
automobiles.
Bodily Injury
Property Damage
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MINIMUM LIMITS OF LIABII,ITY
Statutory
$1,000,000 ea. person
$1,000,000 ea. occurrence
$1,000,000 ea. occurrence
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131 COMPRBHBNSIVE Bodily Injury
GBNERAL,
(,IABILITY,
including Property Damage
proouct.B and
completed operations,
broad for.m contractual,
and personal injury.
141 PROFESSIONAL LIABILITY
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$1,000,000 ea. person
$1,000,000 ea. occurrence
$1,000,000 aggregate
$1,000,000 ea. occurrence
$1,000,000
iii. CORPORATION's contractor for the Project shall
maintain the following policy or policies of
insurance with the following limits, and coverage8~
III WORKBR'S COMPENSATION
(21 ~~RBHBNSIVE
AlJIOMOBII.B,
including
O\i11ed~ hi red
and non-owned
automobiles.
Bodily Injury
Property Damage
III COMPRBHBNSIVB Bodily Injury
GBNERAL
LIAIlI LI'fY ,
including Property Damage
products, and
cornpleted operations ..
bl'oad fann contractual,
and personal injury.
Statutory
$1,000,000 ea. person
$1,000~00o ea. occur~ence
$l~OOO,OOO ea. occun:ence
$1,000,000 ea. person
$1,00::1,000 ea. occurrence
$1,000,000 aggregate
$1,000,000 ea. occurrence
B. Regylr_~C~~. Insurance ahall be in full force and
effect before the tCl.LTl of this Lease may cor(\mence. With
the exception of the Project architect's professional
lia.bility insurance r every othel' insurance policy
required by this Lease shall contain the following
clauses:
i. "This insurance shall not be cancelled, limited in
scope of coverage or nonrene, ... ed until after thirty
DO) days written notice has been giv6!1 to the:
CITY Of' PALO ALTO/Real Estate Division.. PO Box
10250, Palo Alto, CA 94303."
ii. -All l"ight9 of subrogation are hereby waived
against the CI'l'Y 01<' PALO ALTO and the members of:
the' Cit.y Council and elective or appointive
officers or employees, when acting within the scope
of their employment or appoilltment. II
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Hi. "The CITY OF PALO ALTO ia added .0 an additional
insured as reSllectB oper.(\tiona of the named insured
at or from the Facility and the premises leased
f"rOCCl the CITY OF PAl,o ALTO. II
iv. -It io agreed that any insurance maint:.ained by the
CITY OF ~ALO ALTO will apply in excess of, and not
corttribute to, insUl.'ance provided by this polic}I."
15. EVIDBNCE OF INSURANCE COVERAGR; CHANGES
h. ""rtif ici\tJ1.1LoLlne= . CORPORATION a9re~s to deposit
with CITY'B Real P.(operty Hanagcr, before the effective
date ot. this Lease, certifi~ateo of insurance necessary
to sntist}· CITY that the insurance provia:i.o!ls of this
.Lease have been co."'l'Iplied with, and to ensure that such
ln8u~allce is kept in effect. and thA certificates
thEn:efo):' on deposit with CIl.',{~ during the ent.ire term of
this Leaso, Should CORWRATION flot provide evidence of
Bucll requtre{1 r:OVCt-agc at le.nat th.:-ce (3) days pl'io.l" to
the expiration of iLny existing insurance coverage~ CITY
may purchase such insurance. on behalf of and at the sole
expellse of CORPORATIOll i to provide six."months coverage.
B_ R~Y.l~~,~,ri __ c.rng.e. CITY shall retain the right at any
time to revie .... the coverage, form and amount of the
insurance requIred her~by. If, 1n the opinion of the
Risk Manager, the insurance provisions in this Lease do
not provide adequate protection for CITY and for members
.of the public using the t~ad.lity 01.--th~ PRRMISHS, CITY'S
Real Property M.lnag"er may require CORPORATION to obtain
insllr(mce s\lfticient in coverage, fonn, and amount to
provide adequate protection as determined by the Risk
Manager. CITY's requirements shall be reasonable and
ahall be designed to assure protection from and against
the .kind and extent of rIsk ~hich exists at. the time a
change in in811ranCe ia required.
C. ~~,~~e. .. CITY's Real Property ~lanager shall
notify CO:RPOR1t.'rION in writ-ing of changes in the insurance
requirements; if CORPORATION does not deposit copies of
acceptable insurance policies with CITY incorporating
such' changes within sixty (60) days of receipt of such
notice, or in the event CORPORATION fails to ensure that
the ).-~quircd insurance coverage is maintained in effect,
this l.eaae shall be ill default without furt.her notice to
CORPORATION. Such failure shall constitute a material
breach and shaU'be grounds for immediate termination of
this Lease at the option ot CITY ~
D. N.Q._,1".1mi.t.-2LL19i.bJl.i.tY. The procuring of such required
policy or pol ieies of lnsurance shall not be construed to
limit CORPORATION's liability hereunder nor to fulfill
the indemnification provision and }.-equiremellts of this
I.ease. Notwithstanding said policy Or policies of
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insuran-.:::e, CORPORJ\TION sh~ll be obliSi\tcd tOt' the full
and total amount of any damage. injury. or 1088 caused b)'
or connected with this Lease. with the construct.i..on of
the Project, or with COR?ORNrlON's use or occupancy of
the PRBNISES.
16 . INDBMNITY
A. ~RPORl\TION' B Duty to Indemnify ClTX. Except as provided
under Subclause 16(B) below, CORPORATION hereby waives
all claims. liabil ity and recourse against. CITY,
including the right Of contribution for 1086 or damage of
or to persons or property arieing from, growing out of or
in any way connected with Or rC.\iJted to ~hi8 tlease.
CORPORATION further agrees. to protect: indemnity. hold
harfnlesB and defend ClT't, itB, o(ficer~. Cl.genta, MId
employees, from and against any and all claiMS, 10s8,
liability, deIT'ands, damages~ cost, expenses or 4lttorneys~
tees ariSing out of the ope:r:ation or m..'linteoJonce of" the
PRm.nSBS 01." CORPORA'f'ION' B perfotlMnce or nonperfOllTllU)Ce
of the tenn.s of this Lease, lncl\ldin9 the corw-truction of
':he Project 011 the PRBMISHS. In the event CITY is named
as co-defendant, CORPORATION shall not! l}' en'):' of such
fact and shall rapI.'esCllt Cl'ry in such legal action unless
CITY undertake-s to repn:!sent itself as co-defendant in
such legal action, in which event CORPORA.TION shall pay
to CITY itB litigation costs, expenses and attorneys'
fees.
B. DTY' s Duty to .In(\~lll1li1y_.C.QlU'OMnQtl. CITY her<,by agrees
to protect, indemnify. 110ld ha:nllll'3s and defend
CORPORATION, it officers, agents and employaes, against
any and all claims, 10s8, liability, demands, damages,
cost, expenses or attorneyo~ fees arising out of CITY's
negligent pertonnance or nonperfonnance of ita
obligations under the terme of this L~aSe.
17. ASSIG!HNG. SUBLBTTWG. AND ENCUMBERING PROHIBI1'RD
Since CITY has relied on the opeclfic background and
capabilities of CORPOKA~ION in awarding this Lease, any mOl~tgage~ pledge, hypothecation, enCurnbl"anCe, transfer ~
9ublease~ or assignment (collectively re[erred to as
ENCUMBRANCE) of CORPORATION' 8 lntcl."est in the PREMISHS is
prohibited. Any attempted ENCUMBRANCE shall he null and void
and shall confer no right~ title, or intGrest in or to, this
Lease.
18. DEFAULT IN TBRMS OF THE LBASB BY CORPORATIOn
A. errY' , s Remed.i..e..IL-<1D._"P...e.ta.ult. Rxcept as provided undel
Clause 15 tel hereof or under Clause 5 of the General
Conditions hereof, should CORPORATION default in the
performance of any covenant, condition, or agreement
contained in this Iiease and such default is not corrected
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within sixty '(0) days of receipt of a notice of default
from CITY, CI'r'{ may:
1. Ter.minate this Lease and all rights of CORPORATION
and those who claim under CORPORATION, sterrrning
from this Lease, shall end at the time of su.ch
termination;
ii. At CITY' E Bole option~ cure any such default by
performance of any acL i!1cludiny" payment of money,
and the coat thereof, plus all reasonable
administrative cOtlta, 8h_~11 become irrrnediately due
aM payable by CORPORATION to CITY;
iii. Seek an action or suit in equity to enjo:J.n any acts
or things whtch may be unlawful or in violation of
the rights of CITY;
iv. Seek a mandamus or other Buit. action or proceeding
at law or in equity to enforce its rights against
CORPORATION, including against CORPORATION's
architect or contractor. and to compel them to
perform and carry out their duties and obligatiolls
under the law and under CORPORATION's covenants clOd
agreements with CITY as provided herein; or
v. Pursue any othel.' remedy
speciflcally provided in
Lease,
available by
othel.' clauses
law or
of this
B. ~latiye Rem(')d~&. However, in the event of a default
which can not reasonably be cured within sixty (60) days,
CORPORATION shall have a reasonable period of time to
cure the defa~lt. Each and all of the remedies given to
CITY hereunder, or by any law now or hereafter enacted j
are cumulative and the exe);."cise of one right or remedy
shall not impair the right of CITY to exercise any or all
other remedies. In case any suit, action or prqceeding
to enforce any right or exercise any remedy shall be
brought 01.' taken an.d then discontinued or abandoned,
then, and ,in every such case, CITY and CORPORATION shall
be restored to its and their former position and rights
and remedies as if no such Duit. action or proceedings
had been brought or taken.
C. Insolvency of CQ1LPORhTIQW. In addit.ion to a violation or
breach 'o;t any othe,r provision of this Lease, CORPORATION
shall be considered to be in default under this Lease
should CORPORATION:
i. voluntarily file or have involuntarily filed
against :it any petition under any bankruptcy 01.'
insolvency act or law;
ii. be adjudicated a bankrupt; or
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iii. at.tempt to make a general assignment for the
benefit of creditors.
19, NOTICES
All notices pursuant to this Lease shall be addressed as set
fot"th below or as either party may subsequently desi9nate by
written notice and shall be sent through the United States
mail, first class, postage prepaid. certified with return
receipt requested.
TO: crn
City Cle"k
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94303
and
City of Palo Alto
Real Estate Division
250 Hamilton Avenue
Palo Alto, CA 94303
20, AT'rACH~!ENT TO LRIISS
TO: CORPORAUWl
Patrick D'Antoni -President
Palo Alto Babe Ruth League
P. O. Box .1363
Palo Alto, CA 94301
This Lease includes the (ollowing exhibits, which are
expreB~ly attached hereto and incorporated into this Lease!
Exhibit A
Exhibit,B
Exhibit c
BXHIBIT D
General Conditions
Description and Depiction of the PREMISES
Description of the Project, including
Construction Schedule
Preliminary Agreement
The inclusion of clauses in Exhibit A (G8NBRAL CONDITIONS) is
not in any way intended to lessen the importance of these
clauses, but is merely done to enhance t)1e organization of
various clauses and .this Lease.
IN WITNESS WHEREOF, the parties have executed this Lease
the day and year first above written.
CITY OP PALO ALTO
Mayor
)\TTBS'I' a
City Clerk
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PALO ALTO BAllE RtlTl! LRAGUR
By: ___ _
Its: ---------
By: _______ _ --
It"s:
':".'
APPROVRl> AS TO FOR)( I
Senior Aset. 'City Attorney
PROP2RTY PBSCRIPTIOn APPROVED,
RECOII!(lOO)BO FeR APPROVAL I
Director, Coon1.lnity S-e-rviccs
Department
STATR OF
COVNTY OF
o
CBRTIFICATE OP AC~OWLBDaMENT
ICivll Code § 1169)
-~--------------------
---------
',<
,"., .
nota~J1 public In---an-d--t~r ~~~~e ~~nt-Y:-'i:;er8-ontliTy --appea;re~
---------~_______ _ _____ "'~ ___ ~_; perBon~ll.y >tno'Im to m~
(or proved to r?'tE! on the 00019 of satiBfacto):~' evidence) to be the
person's) whoee'nameCa) is/are subscr.ibed to the 'Within illstnlll1ent;
and acknowledged to me tllat he!.she/they execut.ed the same in
hiM/her/their authorized capacityUea). alld th(lt. by his/her/their
signature (8) on the in.,;trument th~ pel'flOll (6), or the ent ity upon
behalf of which the person (a) acted, ex.ecutcd lh(l instrument.
WI'l'NBSS my hand alld official s(?<1.1 •
. ----.---------~--~ --------
"I.'
STATE OF ___ _
CERTIFICATE OP ACKNO~EDGMENT
(Civil Code § 1189)
COUNTY OP ______ _
before me, ____ , a
public in and for said Count~---per6onally appeared
, personally known to roe
(or proved to me on th_~ basis of" satisfactory evidence) to he t.he
person (8) whose name (8) is/are Bubscribed to the within ).ostrut!".ent,
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature (s) on the instrument the person (a), or the entity "pon
behalf of which the person{s) acted l executed the instlumcnt.
lH'I'NRSS my hand and official seal.
1S
1. DEFINITIONS
EXHIBIT A
GENERAL CONDn'IONS
CITY shall mean the City Council of the City of Palo Alto, a
municipal corporation.
The-.' City Manager is hereby autnorized to take any actions
under this Lease on behalf of CITY except for termination or
this Lease.
Clauses in this Lease reter to 8peci~ic officers or employees
of CITY. ~hould these positions be eliminated or the title
changes l it is understood and agreed tllat such references
Bhall be considered to be to the new title for renamed
positions or to the replacement official designated with the
responsibilities of any eliminated position.
2. CORPORlITR AUTHORITY", ],IlIBILITY
If CORPORA'l'ION is a corporation .. each individual signing this
Lease on behalf of CORPORATION represents and warrants that;
A. he is duly authorized to do so in accordan(.'c with an
adopted Resolution of CORPORATION's Board of Directors or
in accordance with the Bylaws of the corporation; and
B. CORPORATION is a duly qualified co:rporation authorized to
do business in Santa Clara County.
3. TII1E
Time is of the essence of this l.ease.
4. PERMITS AND LICENSBS
CORPORATION shall he required to obtain any and all p~rmits
and/or licenses wllich may he required in cO,lnection with the
operation of I and any approved CORPORATION' 8 construction
upon, the PREMISES as set forth in tllis Lease.
5. MRClIANICS LIENS
CORPORATION shall at a:ll tima indemnify and save CITY ha:nnless
from all 'claims for labor or materials ~upplied i~ connection
with the Project, including construction, repair, alteration,
or installation of st:t'Ucturea. improvements, equipment, or
facilities within the PREMISBS~ alld from the cost of defending
against such claims, including attorneys' fees. CORPORATION
shall provide CI'l'Y "lith at least ten (lO) days written notice
prior to commencement of any work which eQuId give rise to a
mechanics lien or stop notice, CITY reserves the right to
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6.
enter upon the PREMISES for the purposes 'of po·sting Notices of
Non·Responsibility.
In the event a lien is imposed upon the PRRMH'mS as a result
of such construction, repair, alt-eration j or installation;
CORPORATION Bhall either:
A~ Reco~d a valid Release of Lien; or
B, Deposit sUfficient <:a,sh with C.I,TY to cover the amount of
the claim on the lien in question and authorize payment
to the extent of said deposit to any subsequent judgement
holder that may arise as a matter of public recOl"d from
litigation with regard to lienholder claim; or
C. Procure and record a bond in accordance with Section 3143
of the California Civil Code, which freeB the PRRMISES
from the claim of the lien from any action brought to
foreclose the lien.
NotW'ithstan4ing Clause 18 of this Lease (DEFAULT), should
CORPORATION fail to accomplish one of the three (3) optional
actions within fifteen (15) days after the filing of such a
li.cn. the Lease shall be in default and may be subject to
ifm1ediate terminat.ion.
LBASn ORGANIZATION MID RULBS OF CONSTRUCTION
Worda of. the masculine gender shall be deemed and construed to
include correlative words of the feminine and neuter genders.
Unlc$s tILe context otherwise indicates, words impo:rting the
singul.a.x numbet" ahall include the plural number 'and vice
versa, 'and words importing persons shall include corporations
and associations, including public bodies, as well as natu"ral
persons.
The toms "hereby", "hereof" I Uhereto", "herein", "'hereunder"
and any similar, te~, as used in this Lease, t"efer to this Lease.
All tlw' tenns and provisions hereof shall be construed to
effectuate the purposes Bet forth herein, and to sustain the yalidity hereof.
The titles and headings of the sections of this Lease have
been inser~ed for convenience of reference only. are not to'be
considered a part hereof and shall not in any way modify or
restrict. any of the te:ulis Ot" provisions hereof or be
consldel."ed or given any effect in construing this IJease or any
pl'ovision hereof in ascertaining intent, if any question of
intent shall arise.
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7 • A!iBNDMtlNTS
'Thin Lease seta (orth all of the agreements and undel."standings
of the parties and iln)~ modifications must be wrItten and
properly executed by both parties.
8. UNI.J\WFtIL tISE
CORPORATION i\g.re-es that np improvements shall he erected,
placed upon, operatw, nOT maintained 'Within the PREMISES, nor
any business conducted or carried on therein or therefrom, in
violation of the terms of this L~a6e~ or of any regulation,
order of law, statute. or ordlnance of a governmental agency
having jUl'iscliction over CORPORATION's \IS~ of the PRBMISBS.
9. NONDISCRI11WJ\TlON
CO~PORA1'lON and its e~"ployeeB Rh;;.ll not discriminate against
any pet'sOli becauRe of race, colo!", ancestry, age, sex,
national o~i9in. dis<lbility 01.' sexual preference. CORPORATION
uhall not discriminate &9ainst. any employee or applit:ant for
cmployn.ent because of :l:ace, coloL', reH.gion. ancestry, sex,
rlge , national origin. disahl.J..lt}' or I'lexual preference.
CORPOAA'l'ION co .... enants to meet a11 requirement.s of the Palo
~lto Municipal C(XJe pert.a.ining to nondiscdmination in
{:Tl'.ploymellt. If (\)RPORA'rJON is found in violation of the
nondiscrimination proviaions of the State· of California Fair
b"'mployment, Practices A.ct or oifl'!ilax-proviSions of feeleral law
or executive ordar in the conduct of its activities under this
Lease by the State of Cal i fornia Fair Employrnent Practices
Corrmiasion or tile equivalent federal agency or officer, it
flh~U thereby be· found in mat~).·ial breach of this Lease. CITY
shall then have the po'k"er to cancel or suspend this Lease in
whole or in pa)."t pursuant t.o the te.l.Tt.9 of this Lease"
10. ltISPEC'l'ION
Authoriz.ed CI1'Y employees and agentB shall have the right at
all re"'Bonable l;if110S to in6pect the PRRNISHS to detel"TIline if
the provisions of t.his Lease are being complied with.
11. ~UCCgSSORS HI I!l'rBRRS','
Unle8s otherwise provid~d in this Lease, the terms, covenants,
and conditions contaiJled heroin shall apply to and bind the
heirB, successors, executor-e, administr-ators, and assigns of
all the ·part.ies hereto, all .of whom shall be jointly and
Reverally liable hereunder.
12. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (FORCR MAJEIJRE)
If either party hereto shall be delayed or prev·ented from the
. perfoxmance of any act required hereunder by reasoli of acts of
God, restrictive governmental laws or regulations, or other
cause without foEt;lllt and beyond the control of the party
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obligated (financial inability excepted). perfonMnce or such
act shall be excused for the period of the dela)' and the
period for the performance of any such act shall be extended
for a period equivalent to the period of such delay,
13. PARTIAl, INVALIDITY
If any term, covenant, condition, 0::'-provision of tllin Lease
is determined to be inv<llid, void, or unenforceable, by a
court of cOl.npetent ju-.cisdiction, the remainder of the
provisioDs hereof shall remain in full force and effect and
shall in no way be aftc(:ted. impaired, or inval idated thereby.
14 . WAIVER OF RIGHTS
The failure of CITY or CORPORATION to insist upon strict
performance of any of the tenns, covenants, or conditiQl1f. of
this Lease shall not be deemed a waivet' of any rlght or remedy
that CI'I'Y or CORPOAATION may have ... and shall not be de~;r,ed a
waiver of the right to require .ett:ict performance of all the
terms. covenants, and ·conditions of the r~ease therea.fter. nor
a waiver of any remedy -for the SUbscq\l('nt b"H~ach 01" dof"ul t of
any term, covenant, or conditior, of the Lea~e.
15. COSTS O~· SUSTAUIING All ACTIO/I FOR BREACH OR DHPI\\)Uf
In the event either CITY or CCRPOAATION co.. .. mences legal action
against the other claiming a hreach or defimlt or this Lease,
the prevailing party .tn such litigation shall be ('ntitled to
recover fL'om the other cost of sU9taining sl1ch action,
including reasonable attorneys I fees, ft.:'! m .. [l.), be fixed by the
Court ... ;_
16. RBSERVATIONS ~U CITY
The PREf.nS8S are subject to any and all existing eaSf:mcnts and
encumbrances. CITY reserv~8 the 1'ight t.O i nst ... ll, 1 ay,
construct, maintain, repair, and operate such sanitary flewel'S,
drains, storm water sewers, pipelines, manholes, and
connections; ·~, .. ater, oil, and gas pipelines; telephoric and
telegraph power lines; and the appl ications aild appurtenances
necessary or convenient [or cOltnection therewittl, in, over.
upon, through, across and along the PREMISRS or any part
thereof. and to ente:r the PREMISES tor any and all SUch
purposes. CITY also reserves the right to grant franchises,
easements, rights of way. and permits, in over, upon, tht·ough,
across, and along any and all portions of the PREMISES. No
right reseIVed by CITY in this cla'.Ise shall. be 80 e-xercised as
to interfere unreasonably with CORPORATION's constnlction
hereunder, and shall be c007:dinated, to the extent l"t~·asonably
possible, with the construction of the Project.
CITY agrees that rights granted to third parties hy reason of
t.his· clause shall contain provisions that the surface of the
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land shall be l"estored as nearly as practicable to the
original condition upon the completion of any construction.
17. DISPOSITION OF ABANDONBD PKRSONAL PROPERTY
If CORPORATION' abandons the PREMISBS or is dispossessed
thereof by process of law or otherwise, title to any personal
property belonging to CORPORATION ana left on the PREMrSES
forty-five (45) days after such abandonment or dispossession
shall be deemed to have been transferred to CITY, CITY shall
have the right to remove and to dispose of such property
without" liability therefor to CORPORATION or to any person
claiming unde-c CORPORATION, and shall have no need to account
therefore.
18. QUITCLAW OF CORPORATION'S IN'I'EREST liPQN TERMINATION
19.
20.
Upon termination of this Lease for any reason, including but
not limited to tcr:mination because of defaul t by CORPORATION,
CORPORATION s}lall, at CITY'S request execute, acknowledge and
delivel:-t.o CITY wi thin five (5) days after receipt of written
demand t!1,ereof, a good and sufficient deed whereby a'll rights,
title, and interest of CORPORA'rrON in the PREMISES and the
Facili ty are quitclaimed to CITY. Should CORPOR1\'l'ION fail 01-
refuse to deliver the required deed to en'Y, CITY may p:repar-e
and record a notice reciting the failure of CORPORA'rrON to
execute, acknowledge and deliver such deed and said notice
shall be conclusive evidence of the termination of this l.e-ase ,
and of all right of CORPORll.TION or those claiming unde1-
CORPORATION in and to the PREMISBS.
CONFLlqr OF INTER8ST
CORPORATION warrants and covenants that no official or
employee of CITY nor any business ent~ty in which any official
01.: employee of CITY is interested: (1) has been err,ployed or
retained to solicit or aide in the procuring of this Lease;
(2) will be employed in the perfonnance of this Lease without
the divulgence of BU,ch fact to CITY. rn the event that C1TY
determines that the employment of any such' official, employee
or business entity is not compatible with such official's or
ernploye.e's duties as an official or employee of CI1'Y~
CORPORATION upon reque8t of CITY shall in'lllediately terminate
such employment. Violation of this provision constitutes a
serious breach of this ]Jease and CITY rna}" terminate this Lease,
pursuant to ~he tems hereof as a result of such violation.
HAZI\RDOUS ~!ATE R lAW
A. !lil.initJ.21). As ~Bed hel-ein, the term "Hazardmw
toiaterialsl! means auy substance or material which has been
determined by any state_, fcdel'al or local governmental
authority to be capable of posing risk of injury to
health, safety. and property, including petroleum and
petroleum products and all of those ffi3,teriale and
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aubst'ances defJignated as, hazardous or toxic by the U. S.
Environmental Protection Agency, the California Water
Quality Control· Board. the U. S. Department of Labor, the
California Department of ITlduBtrial Relations, the
California -Department of Health Services, the California
Uealth and Welfare Agency in connection with the Safe
Water and Toxic Enforcement Act of 1996 , the U. S.
Departrnent of Transportation, the U. S. Department of
Agriculture, the U. S. Conaun,er Product Safety
Corrmiseion, the U. S. Department of liealth and Human
Services, the U. S. Food and Drug Administration or any
other governmental agency now or hereafter authori zed to
regulate matel.'ials and substances in the environment.
Without limiting the generality of the foregoing, the
term -Hazardous Materials" shall include all of those
materials and substances defined as -toxic materials Ir in
Sections 66690 through 66685 of Title ?2 of the
California Code of Regulations, Division 4, Chapter 30,
as the same may be amended from time to time.
B. CQRPORATI.Q~·P s Use of PRRmJiliS.. Du)~ing the term of this
Lease, CORPORATION shall abide and be bound by all of the
following requir.ements;
i. CORPORATION shall comply with all laws now or
hereafter in effect relating to the use of
Hazardous Materials on.. unde:t· or about the
PREMISES, and CORPORATION ahall not contaminate the
PREMISES or its SUbSUk."faces with any Hazardous
Materials.
i.\'. CORPORA1.'ION shall reRtrict its usc of Hazardous
Materials at the PRBMISRS to those kinds of
'materials that are normally used in constructing
the Project. Disposal of any Ha2,al"dolls Materials
at the PREMISES is strictly prohibited, Storage of
such permissible Hazardous Materials is allolo:ed
only in ,w:cordance with all appl icable la'''',s now or
hereafter in effect. All aafety and monitoring
feafures of any storage facilities shall be
approved by CIT¥I S :Fire Chief in a<::cordance with
all laws.
iii. CORPORATIOn shall be solely and fully responsible
for the reporting of all lIazardous Materials
releases to the appropriate public agencies, when
such releases are caused by or result from
CORPORATION's activities on the PRE~USES.
CORPORATION shall immediately inform CITY of any
release of Hazardous Materials, whether or not the
release is in quantities that would otherwise be
reportable to a public agency.
iv. CORPORATION nhall be solp.ly ~nd fully responsible
and liable for its releases at the PREMISES or into
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CITY's sewage or atorm drainage systems.
CORPOR~TION shall take all nece8Ba~y, precaUtions to
prevent any of its ltazardous Mate1-ials from
entoring into any storm or sewage drain :fJystem or
from being released on the PREMISES. CORPORATION
shall remove releases of its Hazardous J.1aterials in
accordance with all laws. In addition to all other
rights and remedies of CrTY hereunder I if the
release of Hazardous Materials caused by
CORPORATION is not removed by CORPOAATION within
ninety (90) days after discovery by CORPORATION,
CIT¥' or any other third party. CITY may pay to have
the Hatne removed and CORPORATION shall reimburse
CITY for such costs within ten tiD) days of CITY's
de .. n.:tnd tot' payment.
v. CORPORATION shall prot.ect, defend, indemnify and
hold }larmless CITY from and against all loss,
damage, or liability ,including all fOl:eseeable and
ltnfoxeseeable consequential damages) and expenses
(including, without limitation, the cost of any
~leanup and l"emediation of .Hazal':do1.ls Materials)
which CrrY may sustain as a result of the presence
or cleanup of Jlazardo\ls J.l"'l.terials on the PREMISES
that is caused by' CORPORATION or othel·wise arises
in connection with, or as a result of, this Lease
or the Project to be constructed under the [,ease.
vi. CORPORATION' 8 obligation under this clause shall
sl1rvive the expiration or earlier tel:.Trlination of
this Le.ase"
21 . ALL COVHNANTS ARB CONDITIONS
~ll provisions of the JJease are expressly made conditions.
22. PARTIBS OF INTEREST
Nothing in this Lease, express 01:." implied, is intend~d to, nor
9h~}1 be construed to, confer upon or give to any person or
l~rty other then CITY and CORPORATION any rights~ remedies or
claims unde:t." or by rCoason of this Lease or any covenants,
condition ot· stipulaticns hereof. All covenants,
stipulations, promises and agreements in this Lease shall be
for the sale and exclusive benefit of CITY and CORPORATION.
23. RllCORDATION OF LEASB
Neither CITY nor CORPORATION shall record this Lease; however~
a aho:rt~ form memorandum of r.ease may he recorded at CI'l'Y's
request.
BXHIBITS B~ C, and D to be provided after final Project approval.
~ .... \
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,D
ATTACHMENT ue"
ORDINANCE NO, ___ _
ORDINANCE OF THE COUNCIl. Of' TUB CITY OF PAW AI,TO
APPROVING AND I\.DOf'l'ING TUE PLANS FOR THE
CONSTRUCTION OF A CCNCBSSION STIINO AND STORAGE
FACILITY FOR 1'H8 BAYLJlNDS A1'HLIl'I'lC CB/ITIlR WITHIN
TilE CITY·OWNSD BAYI,I\NDS
WH8RRAS, Article VIII of the Charter of the City of Palo
Alto (the 'City" a,'<\ Section 22.08,005 of the Palo Alto Municipal
Code re(j\~irc thaL befok,-e any Bubstantial building. construction,
i'e'conscruction or development is ConYli~nced or approved upen or with
l.'espect to any land h~ld by the City for park purposes, the City
Cc,uncil ahall first ca\lse to be prepared and by ordinallce approve
and adopt a plan the:t::(!for; and
WHBRBAS. the P~""lo Alto Babe Ruth t·eague (the -League")
intends to leaue from the City certain park dedio:ated l.-eal pr-operty
withi,n the Cit.Y-0\t11ed lk"lylande. for the put1-'OSI? of COrlstJ:uct;ing
thereon a concession stalld and otorage taciliLy (the JlFacilityil) to
L..-s, .Tded in conjunction with trtE! Ba}'lallde Athlet ic Center (the
·Project") j ~nd
WHRR8AS, the League intends to benefit the City and the
public by making a gift of the Facility to the City, for City'S use
in conjunction wit.h the Baylantls Athletic CentC'r, upon the League's
complotion of the Project and tonninatioll of the L13'ague'f) lease
with the City; and
WHBRRA$, on April 21, 1994, .the League received approval of
the design of the Project from the City's .Architectural Review
Board and the Director of Planlling and Coml1unity Environment, as
shown on the plans for the project. entitled ·Baylands Ballpark:
Concession Stand,· dated November 1993 (the ·Plan8·)~ attached to
this ordinance as Bxhibit ~A· and In'corporated herein by this
refeJ::'enc6i and
WHBRRAS, the Council desires to approve the Plans and to
adopt them as r.he Official plans for the constl.-uction of the
Facility and completion of the Project within the City-owned
Baylands;
NOW, THERRFORE, tho Council of the City of Palo Alto does
ORDAIN as tollows:
SECTION 1. The project is exempt from the California
Rnvironmental Quality .Act ("CBQA'") under Section 15303 of the CRQA
Guidelines.
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SJ3CTION 2. The Plans are hereby approved alld adopted.
s.ru:TImLJ .
commencement of the
adoption.
INTRODUCBD:
PASSBD:
AYBS:
NOBS:
ABSBNT:
ABSTBNTIONS:
ATrBST:
City Clerk
APPROVBD AS TO FOru~:
This ordinance shall be
thirty-first day after
APPROVBD:
effective
the date
l-I.c\yoi-· ----~---------
on
of
tho
its
senIor Aset. City Attorney
2
Director --pIannTng--ancr-----
Corrrounity 8nvil"Onment
ot re-ctorof"Comm:m-[t-y----"---·---
Services
, .
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