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2001-126-Authorizing Town Manager To Enter Into A Renewal Of An Agreement Between The Santa Clara Valley Water District And The Town Of Los Gatos For Another Twenty -Five Years Providing For Lease AnRESOLUTION 2001-126 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO ENTER INTO A RENEWAL OF AN AGREEMENT BETWEEN'THE SANTA CLARA VALLEY WATER DISTRICT AND THE TOWN OF LOS GATOS FOR ANOTHER TWENTY-FIVE YEARS PROVIDING FOR LEASE AND JOINT USE OF SMITH CREEK TRAIL WHEREAS, on August 27, 1974, the Town of Los Gatos entered into an agreement with the Santa Clara Valley Water District providing for lease and joint use of the Smith Creek Trail fora 25-year term with one 25-year option. WHEREAS, renewal of an Agreement .for Lease and .Joint Use of .Smith Creek Trail between the Santa Clara Valley Water District and the Town of Los Gatos is being presented to the Town Council for its consideration and approval. BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town Manager is authorized to enter into a renewal of an Agreement (attached as Exhibit A) with the Santa Clara Valley Water District to provide for lease and joint use of Smith Creels Trail. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 19t" day of November, 2001, by the following vote: COUNCIL MEMBERS: AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynslci, Mayor Randy Attaway NAYS: None ABSENT: None ABSTAIN.: None SIGNED: MAYOR OFT .TOWN OF OS GATOS LOS GATOS, CALIFORNIA ATTEST: _,.,...~ CLERK OF THE TOWN OF LO ATOS LOS GATOS, CALIFORNIA Jul-23-01 O7:49A scvwd real estate JOINT US]~AGREEMENT 4Of3 267 9769 P . 02 ~~~; al- f~9. File: Town of Los Gatos Parcel: 9329-1 SANTA CLARA VALLEY WATER DISTRICT, a public corporation, hereinafter referred to as "District;" and the Town of Los Gatos, hereinafter referred to as "Town;" AGREE this day of 2001 as .follows: RECITALS: A. .District is the owner of certain real property (hereinafter "the premises"), described on "Exhibit A" hereto, so marked and by this reference made a part hereof. B. Town and District recognize that the prerises are regulated by a variety of federal, state., and local agencies. C. Town and District, in cooperation with the California Department of Water Resources, the U.S. Army Corps of Engineers, and the California. Department of Fish .and Game, agree to use the premises :for nonvehicular (except for maintenance, emergency, and enforcement vehicles) and recreational purposes as well as for flood control and water conservation purposes. D. Town has ascertained that adequate funds have been .appropriated. to construct and operate its proposed facilities on the ;premises and that adequate funds have been appropriated to .meet all of its obligations contained in this agreement. 8. The parties fmd it to be in the public interest to provide for joint use of the prenuses by means of an Agreement thereof under the following terms and conditions: AGREEMENT: 1. District shall and does hereby grant permission to Town to use the premises for the following purpose or purposes and subject, to the following .special restrictions; • Public pedestrian trail 2. Town shall be responsible for aU costs associated with the existing pedestrian .trail and bridge including providing and maintaining recycling and garbage receptacles .for public use, and providing for adequate waste removal service. Town shall also be responsible for .providing graffiti removal incompliance with Town's graffiti abatement program., including graffiti removal from signs installed in conjunction with and/or accessory to :the establishment of a public park and pathway consistent with its implementation of the same program at comparable Town facilities. RE1934t 1 of 5 Exhibit A Jul-23-O1 07e50A scv_wd real estate 40~ 267 9769 P.03 1 t 3, The public pathway and corridor, the subject of this Agreement, may be .patrolled by Town personnel and ranger services under contract with Town and/or volunteers supervised by Town: District shall have na obligation whatsoever to provide or pay for such services. 4. Town shall be responsible for the removal and replacement of .recreational improvements installed by the Town in the event .District is required to improve .Smith Creek in any manner for flood protection ,purposes. District shall involve Town in preconstruetion planning, as described in Clause 7, in the event a District flood control project is needed, to minimize District's project impact on Town's improvements to the premises. 5. Damage occurring to Town's structures or paving, if any, by reason of District's reasonable and lawful maintenance or other .activity or by reason of natural forces will not be the .responsibility of the District to repair or restore, all such costs for such repair or .restoration are to be born by Town. b. Town and District recognize the unique nature of the resources- and recreational uses covered by this agreement and the beneficial effects to both parties of providing these resources to the public. Town and District resolve to utilize their respective offices to mutually support the efforts of each other to deliver such services to the public. Town and District further agree to cooperate in order to resolve disputes .and assist each .other in responding to public inquiries arising from the activities of either party. 7. Town and District staff shall meet whenever necessary for the purpose. of scheduling routine .maintenance, .including, but not limited to: • Maintenance issues .related to improvements; • 'Method and timing of issues related to affected wildlife; • Nonemergency work requiring. the use ° of heavy equipment, barricading, and/or restricting access to the premises. .District and Town :further agree. to notify one another's designated representative as required prior to commencement of such work, in order to minimize public impacts. • In an emergency situation, District shall have rights provided in :Paragraph 14 without consulting. Tawas. 8. Town will encourage volunteer groups to .participate in ,District's "Adopt-A-Creek" Prol'~• 9. Native plants selected by a licensed landscape architect with native habitat experience should be used for revegetation purposes. 10. 'Construction work during spring nesting season will be avoided whenever possible. The parties acknowledge that the .spring nesting season occurs between February 1 and July 1. If construction must be done during the nesting season, a survey by a qualified biologist will be undertaken to determine the presence of nesting. If no nesting activity is reported, then the work may proceed. If nesting activity is reported, the biologist is expected to recommend the implementation of adequate mitigation measures. Environmental impact. shall be considered prior to all work. Any and all work related to this clause shall be xnt73ak I 2 of 5 Jul-23-O1 07:50A scvwd real estate 40€~ 267 9769 'P.04 completed in accordance with applicable federal, state, and local environmental .health and safely regulations including the federal Migratory Bird- Act of 1918 .and any amendments thereto. 11. The parties shall cooperate to create and install signage which benefits the programs of each party such as warnings, entrance signage, interpretive signs and benches,. and joint uses when applicable. The General Manager of the .District and Town Manager of the Town or their designees shall .meet and confer on a .periodic basis tv .plan and install appropriate sgnage which serves the needs of both parties. All signs excepting existing ones or publications that identify the facility (e.g. pazk, trail) by name should include the .District's logo in equal .size and :symmetric relationship to any other logos. All signs or publications that are intended to interpret the water resources should be developed in coo~pdration with the District's Public Information Office .and should also .include the District's logo in equal size and symmetric relationship to any other logos. Maintenance responsibility far sign~age and benches shall be the .responsibility of either the District or the Town, according to which entity has installed the improvements,. 12. This Agreement shall be fora .period of 25 (twenty-five) years beginning on the date it is approved by the District Board of Directors. Town may, upon written .notice to District of intent to do so, given not les8 than ninety (90) days prior to the termination date, renew this Agreement for a like period under mutually .agreeable terms and conditions. This Agreement may be terminatdd by either party upon ninety (90) days prior written notice to the other. Notice of intent m renew or to terminate may be given by the Town's Manager for Town. Notice of .intent to terminate may be given by the District's Chief F,xecutive Officer .for the District. It s understood and agreed that at District's sole discretion, this .agreement may be superseded :and incorporated into any future joint use agreement or lease .arrangement requested by Town along Smith Creek. 13. Town shall .have the full control and authority, .for purposes of this Agreement, over the use of the ,premises, and Town may restrict, or control, regulate and supervise the public use thereof. Town may, in its uncontrolled discretion (but consistent with the right of District hereinafter described, .aril without substantial or hazardous diminution of the flood. control or conservation function of the premises as now existing or as .may hereafter be altered), take any measures of every kind as may in the opinion of Town be necessary .for the safety of the users of the premises for any lease purpose. Further, Town shall :have the sole responsibility for the maintenance in usable and safe condition of every facility provided upon the premises for purposes of this Agreement. 14. .District shall have the sole responsibility to maintain Smith Creek for flood control and water conservation purposes, to repair and reconstruct the same where necessary for such purposes and to perform such periodic maintenance as may be appropriate to such purposes, including removal of silt, debris, and obstructive growth. It is expressly understood that District is engaged in flood control and the conservation of water and that the terms and conditions of this Agreement .shall not in any way interfere with the absolute, free and unrestricted right of District to operate and maintain for .flood control and water conservation purposes :the stream bed and banks or any appurtenant works thereto, or to repair or construct .any of its works, or to raise or .lower the height of the water :present upon the premises; and it is further understood that nothing herein contained shall be construed as conferring a right upon'Town to have or a duty upon .District to provide water upon the premises at any time. Town shall bear the cost and expense of any security, police ~173ak 3 of 5 Jul-23-O1 07;51A sc_vwd real estate 40.8 267 9769 P.05 or other expenditure necessary to temporarily prohibit or control :public access to the premises that. the District would not ordinarily incur to complete the activities described in this clause. Damage to District's or Town's .facilities arising from use of the premises under this Agreement shall be the responsibility of Town. 15. It is also expressly understood by Town that the level of water upon the premises may fluctuate from day to day due to controlled or uncontrolled flows upon and across the same, and that such fluctuations may require greater control over the use of the premises by Town and the public; provided, however, that Town shall be responsible for informing itself thereof and of alI other conditions of the premises whether open or covered which .may in anywise affect the health and safety of the users of the premises hereunder. 16, (a). Town .shall have the right to build any improvements on the premises necessary, or convenient to the enjoyment of this Agreement, provided the location of any such improvement is, in each case during the term of this Agreement, first approved by District and signified by issuance of a District permit. It is fully understood and agreed that District's basis of • approval or disapproval of improvements is its responsibility to insure that the same shall not constitute an obstruction to .flood .flows and shall not interfere with the use of the premises for flood control or water conservation purposes, and does not in anywise extend to consideration of the health and safety of users of the prenuses, which latter consideration is the responsibility of Town. (b). Improvements'built by Town on the premises shall .remain the property of Town. and upon the termination of this Agreement shall be removed by Town, leaving the premises in a condition as near as reasonably :possible to their condition prior to such .improvements. Tf District, in the interest of health and safety and in the exercise of lawful powers, requires that such an improvement must be removed or relocated, the same hall be done at Town's expense upon reasonable notice from District. 17. (a). Town shall assume the defense of, indemnify .and hold harmless, District, its officers, agents, and employees from. all claims, liability, loss, damage, and injury of any `kind, nature, or description directly or indirectly arising during the initial term of this Agreement, or any renewal thereof,. and resulting from the public use of the premises pursuant hereto or from public use of adjacent premises of District occurring in consequence of Town's or the public's use of the premises or .from acts, omissions, or actinides of Town's officers, agents, employees, or independent contractors employed by Town, excepting claims, .liability., loss,, damage, or injury which arise from the willful or negligent acts, omissions, or activities of an officer, agent, or empioyee of District. This Agreement to defend, indemnify, and hold harmless shall operate irrespective. of whether negligence is the basis of the claim, liability, loss, damage, or injury and irrespective of whether the act, omission, or activity is merely a co¢tdition rather than a cause. (b). District shall assume the defense of, indemnify, and hold harmless, Town, its officers, agents, and employees from all claims, liability, loss, damage, and injury of .any kind, nature or description directly or indirectly arising from District's exercise of its flood control or water conservation purposes on the premises pursuant hereto or from acts, omissions, oractivities of District's officers, agents., employees, or independent contrActors employed. by. District excepting claims, liability, loss, damage, or .injury which arises from the willful or negligent .acts, omissions or RE1734k I 4 of 5 Jul-23-01 07:52A scvwd real estate 408.267 9769 P.06 ( I ~- I activities of an officer, agent, or employee of Town. This agreement to defend, .indemnify, and hold harmless shall operate irrespective of whether .negligence is the basis of the claim, liability., loss, damage, or injury, and irrespective of whether the act, omission, or activity is merely a condition rather than a cause.. 18. Any and all notices required to be given :hereunder shall be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the address hereinafter specified or as later amended by either party in writing: Town Town of Los Gatos P.O. Box 949 Los Gatos, CA 9501 Attention: Town Manager District Santa Clara Valley Water District 5750 Almaden Expressway San Jose, California 95118 Attention: Clerk of the Board l9. This agreement, and .all the terms, covenants, and conditions hereof, shall apply to and bind the successors .and assigns of the respective pardes hereto.; .provided, that Town shall neither assign nor sublet this Agreement without prior written consent of District. 20. This agreement includes any and all exhibits, covenants, agreements, conditions, and understandings between Town and District concerning the premises. There are no covenants, .agreements, conditions, or understandings, either oral or written, between the parties hereto other than herein set forth. WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth. "Town" TOWN OF :LOS GATOS "District" SANTA CLARA VALLEY WATER DISTRICT., a public corporation By; Town Manager ATTEST; Town Clerk APPROVED AS TO FORM:. Town :Attorney By: Chair/Board. of Directors ATTEST: Clerk/Board of Directors APPROVED AS TO FORM: General Counsel 1tE1734k 5 of 5 Jul-23-O1 07:52A scvwd real estate 408 267 9769 P.07 ~,_ SANTA CLARA VALLEY WATER IDISRTICT San Jose, Califarnia By: Richard .Perez Date: 6/20/O1 Date Revised: Revised By: Checked By: _ ~ ~~'L___.~ Date: ~~~ C/ PROJECT: Smith Creek :PROPERTY: S.C.V.WD. File No; 2023-20.01, 9329-1,.01 A'li the certain real property situate in the city of Los Gatos, County of Santa Clara, State of California, described as follows; Being a .portion of land described in the tine/ order and decree of condemnation for the .Santa Clara County Flood Control and Water Conservation recorded in book 6272 of Official. Records at Page 625,:and a portion of ]ands described in the deedrecorded. in Book E075 of Official Records at Page 173, both documents are in the office, of the recorder, County of .Santa Clara, State of California, to wit: Parcel 1 Beginning at the most southeasterly corner of said lands as described in said decree of condemnation; thence along the southerly line of said lands, N84°06'00"W 108.46 feet to the True Point of beginning, thence N84°06'00"W 45.00 feet thence N00°03'08"E 431.06 feet; thence N08°28'27W 143.52 feet; thence N78°07'36"E 68.57 feet; thenceSl0°00'00"E 30.02 feet; .thence S78°07'36"W 47,94 feet; thence .504°09' 17"E 553.78 feet to the True Point of Beginning. Cohtaining 0.378 acre. of land,more or less. Parcel Being a strip of land 30.00 feet wide and laying 15.00 feet on each side of the following described centerline: Beginning at the .most westerly comer of lot 16, as said lot is shown on that certain map entitled "TRACT NO.6446" and filed in book 428 of maps at ..page 37, Santa Clara County Records; thence along a curve to the left from a tangent which'bears S73°45'24"E, having a radius of 127.72 feet, through a central angle of 25°41'56", for an arc length of 57.29 feet to the True Point of beginning; thence S U°00'UO"E 362:86 feet to the northerly line of the above described Parcel t, the sidelines of said strip lengthening and shortening so that the northerly terminus thereof is the southeasterly line of Granda'Wuy. and the sowtherly terminus thereof is the m>rthcrly line cif the above. described p;trcel l . Containing U.25U acre of }and, more or less. Jul-23-O1 07:52A scvwd real estate 408 ~,. 267 976 a o a o o J ~ \ .~ ~ ~ ~ O ~J9 q s ~~ ~ C O i~ a q`ti t ~ si7 0 S ' 4 ~ 0 1~ 1 ' ~1 9 ~ LOCATION 0 ~ ~, e 0 0 ~ A g p A _w !~ C. ~ 0 a f! 7 ' 1 ~ 9 '' ` ~ 6 9 / ' ' 1 =500 aii ~_ Nli 1e1 o a z i2 ~ 2 ~l if p !02/~~B ~ ~ 1 ~ o~ C1. a 07 aG 7 n ~ e e /zj b ~ N ~ O 01 d. 0 ~ ~ __-~' ~ ~ 0 / 4 9 ~- ' MgMq .._i/ / 2 1 c~ . 9 P.08 ~~ ~' ai vai C1, `, ~~~~1 ~ ~, ~/ ~'• ~~,0 ~co~>= e i C I ~! ~ o / ,4 a~ ~' " ^? J' . .____, ~• ~; I I~Li /~ '' dale i 19 9 ~ ~ ~ 2 /' I i ~ /7p ` ~+ • .n n a/ kh ~` ;; cr h ~ e/ z~~ 6ze/ , e • r ', z r. ~ Jzo Rd ! 4 !/47 ~ e J e/20.~~ ~ ? /I 47r/l6 m ~, ~ t 0/t 9 n C` J S ~~ / 5 i I/ J O V ~ CIr~ Y i~ i ,' 4 o P d~ 9 ~ r. ~ i i I ~ o e ! s Cr ! ^ o ~ o N ,, = n 1 n m N m ~ ~c y / , 9 ). ! ~. c ~ e~. n I 101r~i~ ti F / ` Q~P i Ri,R J 1 ~ Q i / / F , \00 4 r 0 9 ~ i T g l e ~~ ~ ~/;. _ _ vl E e a n~r o ~ ~~ 0 2023-20.01., 9329-1.07 ---_ . _. ~ .. Jul-23-O1 07:53A scvwd real estate 408 267 9769 P.09 ~~ ~, SCVMIO ~ ~ i ~~ ! %IL. . ~- ~ ~ ~' ~ ~ ~ ~ T0: RUSSELL COODiEY, TOWN MANAGER i~ . ~~(~ ~o ~f ~G' ~~ FROM : R. L , 651ARNICK, DIRECTOR OF PUBLIC WORKS l d ~N ~'~ /,~~ SUBJECT: ~ AGREEMENT FOR SP~LtTH CREEK PAThtiVAY -/ ,,A~ ~~ ~ ' DATE: AUGUST 1, 1974 ~ ~ ~~ . fj„~ `~ ~ ~~,. G~~ a~yw The Plannin Commission in its a g , pproval of Tract No. 5506 ~~ ~~~ (English Oakes), required the developer to construct a pedes- Irian/equestrian pathway from the northerly boundary of his ~/ development (vicinity of Bicknell Road and Montclair Road) to p~• ~ ~ t'ne Town's Ra.nconada Park Site. The location of this trail ,_ ~ ~, e is ad'acent to Smith Creek on ro ert owned in f b t ~ •' ~ p p y ee y he Santa Clara Va 11ey Water District (their Rinconada Water Treatment Plant site).. Tn reply to our request for permission to install this path-•' way,. the District staff 'has indicated they would recommend approval and have prepared the attached lease :agreement for this purpose. As you will, note, the lease is f ox a 25-year period, renewable for an additional 25 years. However, 't is cancellable upon one year written .notice by either party., The Town is required to hold the District harmless and provide supplemental liability insurance on the ,property ..included in the lease. The District reserves the right of final approval of plans for the proposed improvements. The Town Attorney and I have reviewed the proposed lease, and even though we find some of the proposed conditions=as des- cribsd above, to be somewhat objectionable, we recognize the .District's desire to protect itself from additional liability. It is therefore recommended t'nat the Toam Council, at their ' meeting of A~lgust 5, 1974,. authorize t'ne Mayor and Town Clerk to execute the proposed agreement. 1 A~/~~ R. L , WARNICK ~~'~~'• ''~~~=~~a' .Director of Public Works roywN ~~a~`~~ ' ~~ ~-•~~~ c:ou~t Ott, A~r.~n.a 'DAT:C RLW/i-rk Attachments cc: Mayor and Council Reo tar Distribution Stem X (E) Attachment 2 ' _ ter. ,;~°__;. A Gi PROVIDING P~ OF A RF -rvo Go/ y/by r w•` R E E M E L_I T >R LEASE AND JOINT TJSE ,CH OF SMITH CREEK P` O 2 ~ T SANTA CI1~RA VALLEY W~TER DISTRIC'T', a public corporation, hereinafter called "Qistr~ict" ; and i ToWTI of LOS GATOS, ai mun.tcpal corporation, hereinafter called I " Town " I '~n AGREE this 2L d~y of 1974, as follows: ~ , Racitals' A. m;~e part.iss desire to provide for a public recreational use of real property ("t e :property") owned by District, in the County of Santa Clara, State of. California, as an auxi Nary function to the primary function of said property in controlling and conserving watex. B. The property is~delineated on that certain map or .plat 'i thereof titled "?lat Sho+~ing hr ea of Lease for Redestrian - i ~., Equestrian Pathway", dat''~d Apxil 17, 19'74 attached hereto, marked "Exhibit A" and made a n~xt hereof.. i C. Town is wilJ.ing~ to operate and maintain certain roczeational, ~~_: -'~ facilities on the proper~tl subject to the maintenance and operation .~`~ of Dstr.ct's water manalgement works.. D. Unless waived b District''a Board of nirectors, 'town has, ,pon public hearing, ,,e ured satisfactory expression Qf focal.. .proval of the joint ~i~e intended har~by. pee-28-00 12:09P scvy~f3 real estate 408.267 9769 P.03 r ~ ~ '4, , , ~~ ~greement• i I 1, mown will prepare plans and specifications of a physical amend;tient of the property .to provide fox recreational uses in the neral location marked a 'Id identified on said E.chibit A and sub- gc mit the samE for District ;approval . Upan receipt of, such approval, in writinc~, Town may nroc~ad with suc:kt work, all at mown' s sole cost. i nistr;i.ct' s approval ill be o;~ the compatability of thQ planned work or installat~.on with the purpose for which District's property is held; :but District makes no determination and wild I have:.no responsibility fo~ the adEquacy of the de ign and the plans and specifications ~s a safe Facility for public access and use. 2 , any obligation imposed by law in the matted .of environmental assessment land report. of and upon such work wi.11 be met by Town. 3 . District hexeby (leases the property to Town for a pexiod of twenty-five (25) yeax~, commencing with the date hereof to and incl,udin the a~ day of ~", provided that at the option 5 of Town this lease may b renewed for one. additional period of i twenty-five (25~) yEa~s a d provided further thak this lease may b? termnatrd by either arty after a one-year written notice to the other party. ~, (a) Town shalh have the full control and authority for recreational purposzs o~er the usc~ o€ the ak~ove described lands ..2- -- ~"' 4U8 267 9769 •~ ~ ' I R . O4 i ti "' and the creek flow water p~esent thereon, and Town may restrict, or control, regulate and s~pervise the .pubic use thereo€. Town will bs responsibte, xn it uncontrolled discretion (but consis- tent with the right of District .hereinafter desczibed, and without substantial or hazarcaous ~minutian of the flood control or con- nervation furirtion oL the lroperty as now existing car as may hare- after be alte,red), for ta'inc~ such measures .including, but not limited to, tha posting o~ warning signs anal the installation of Fences, guardrails or saf ty dPVices of every kind as may in the opinion of Town be necess ry Eor the safety of the users of the premises for the describEt3 recreational purpose. r'urther, Tc)wn sha1J. have the sole respo sibil,ity fvr the maintenance in useable and sa£e cAndit.i.on of eve' y facility provided upon thR premises for recreational purposes, including every way, tram, or path used by persons fc~r recxeatio al purposes across or within the premises . and it shall likewise be the so1P responsib,i,lity of, Town to mai n- taro the aesthetic amen es of ever, kind, including maintenance i in a sightly, weed-free ~ondition of ornamental planting existing I or hereafter established upon the property, subject, nevertheless, to the next succeeding p ragr,aph hereof. ' (b) District shall eve the sole responsibility to mainta~,n the channel shown on E;xh b,it A for L"lood control ana water con- nervation purposes, to r'pair and reconstruct the same where necessary for such pur.po~res azid to perform such periodic cleanup -3- ------ -*vv coi ~ioy h•'.Ub ~ .-~*,•. ' t '~~~ ~`i {:,~ as may be appropriate to ~rt quch purposes, including removal of silt, dehris and obstructive gr ' th from the said channel. zt is expressly understood that bistrict is engaged in flood control, and the conservation of water and that the terms and conditions of this agreement small not i nn any way interfere with the absolute, fr,ce and unrestrctea sigh of ~i5trict to t~pcrate anc3 maintain for, flood cont:r.o , and water co 5ervatort purposes the stream bed ani banks or any appurtenant w rks thereto, or to xepair or construct . any of its works, or to ra se or lowez the height of the water present upon the property; and it is furthez understood that nothing herein contained s all be construed as conferring a rgr-t upon 'town to have or a dut u on Distzict to P pzovide water upon the leased premises at any time. 1]amage to District's faci.~ties arising fro»t Town's occupa, cy of the leased pzvmises shall, be the responsibility of Town. Tt is understood thal• he axza of the leased premises wi,11 be used from time to time by istrict for, among other purposes, the movement and operation of heavy maintenance equipment. ~amagc so caused to .Eacili ies of Town, despite reasonable cane ' by ~~istrict to avoid the mc, shall not be the responsibility of D15tr.ict. ~c) It is also eapres ly ~~.nder:~tood by Town that the level of water upon the ,leased p 1 Fmises :may fluctuate from day to day , due ~o controlled or uncon rolLpd flood flows within Smith Creek and that such fluctuations ay require greater control over the "4- - -- -- ~~ .i~:v~r scvwa rea 1 ®state 408 267 9769 .~ ^ usp of thc~ premises for ecrention purposes by Town; provided, ~• however, that Town shz11 be responsible for informing itself thereof and or all other conditions of the leased premises, -._wheth:er_.open.. or-. _c.over-ed,-- .which-may--in-anywise- affect- the health - - --' and safety o= the. users f the premises for any recreational purpose. . 'I'cnvn shall have he right to build any improvements and to place and ltlaintan an oznamen'raJ. .planting necessary or con- venient for aesthetic pu poses upon the leased premises or for • the recreational develop ent of the leased premises, provided the ' location of any uch imp ovement or ornamental planting is, in each case, first approve by District. District may conclude that • particular improvem nt5 or . planfi.n9 may noi: be ~.ocated• an here Yw on the leased premises. Subject to the requi.xement of Diistrict's approval, thr: nature and extent of the improvements and plant~.r~gs sha7,1 be determined by T wn in its sole discretion. It is fully understood and agreed th t District's basis of approval or dis- approva of improvements or planting is its responsibility to insure that the same sha 1 not interfere with th•e use of the leaned pzt~mises for floo control ~r water conservation purposes and does riot in anywise xtend to c~onsiderati.on of the health and safety of users of• th premises for recreational purposes, which hatter considerati' n i,s the responsa,bili.ty of. Town. Upon • termination of this leas for any reason whatevr~r., `I'4wn may, .and upon wri.fitcn r,equpst o;E istrict shall remove ' , .any in~provEments ~.~- +•as A'~. ~ , 7 ill by it, provided t at the location shall be left in a clean d sightly condition. 6. Town shall hold and def.Pnd bstrict exempt and harmless ----"-- -from any claims -becau e of damage ox injury to persons or property of svcry kind arising i any manner from the use of the leased premises, its structure appurtenances, paths and access under this lease., or from fai u=e to keep thg same (excluding the .matters and things spec fied in paragraph 4 {b) hereof:) in goad and safe condition and epair, or from any public visits thereto or any use thereof (inc uding the watezs present upon the premises from time to tmel for ny recreational purposes or activities. 7.. Town shall, at is own. expense,, keep -in force at all times during the term o this lease a policy or policies of insurance with respect o the liability described in .paragraph six, and said insurance shall name bistrict as an additional insured and shall provi a for not less than ten days' notice of cancellation. The 1' ablity under such insuzanca shall be not less than $2SO,Oo0 or bodily injury or death to any one person and not less tha $5O~,Oa0 for .any one occurrence and not less than $100,000 for roperty damage. During the term of. this lease, District shall m intain ;public ~.ak~ility insurance with reasonable limits but T need not be an additional. named insured thereon. At an time that District is nat so insured, it shall prgmptly so ad ise Town. 8. The covenants a d condita.ons cantainrd herein sha1,1, apply _ ~, . - - --~ ---- .~~. ~...r- n`vwu rea 1 es~t,ate 408 267.9769 ,rat{ o and bind the successors and assigns of the parties hereto. 9. Notice is considered given two (2) business days after deposit in the United Sates in a sealed envelope or container, either registered or ce tified mail, return receipt requested, postac~s .and postal char es pxeoaid, addressed by name and P~, 08 ~ addressed to L•he party r person intended a follows: Notice• o District; GENERAL MANAGER Santa Clara Valley Water District 5750 Almaden Expressway San Jose, California 95118 Notice o City: TOWN MANAGER Town of Los Gatos • 11.0 East Main Street Los Gates, California 95030 Either party may, b notice given at any time or from time to time, rcauire aubsequen notices to be given to another address. W3TNE55 OUR fiANDS t e day and year first above written. TOWN OF LOS GATO..~ SANTA CLARA VALLEY WATER DISTRICT . i _ '.` Mayor Cha}~rman f the Boazd of Directors J "T n" ~~// "District" ATTEST; ATTEST: VIOLET V. ENANDER ,... /~ ,C _ ir• C1`'rk of Said.%Town ~ - ~ .~~'-~.il -,.,~~. ,,_.,`...~ _ Clerk of said Board of Directors --_.. APPRO. 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