1992-012-Authorizing The Ratification Of The Lease Agreements Between The Town And The Neighborhood Center Tenants And Authorizing The Town Manager To Execute Lease Agreements With Tenants For FY 1992-93RESOLUTION 1992 -12
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE RATIFICATION OF THE LEASE AGREEMENTS BETWEEN
THE TOWN AND THE NEIGHBORHOOD CENTER TENANTS
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
LEASE AGREEMENTS WITH TENANTS FOR FY 1992 -93
BE IT RESOLVED by the Town Council of the Town of Los
Gatos that the Town ratify the lease agreement between the Town and
the Neighborhood Center Tenants for FY 1991 -92: San Jose State
University Foundation, Senior Coordinating Council, and Teen
Counseling Center. Agreements are attached as Exhibits A, B, and
C, respectively.
BE IT FURTHER RESOLVED that the Town Manager be
authorized to execute lease agreements with the same tenants for
FY 1992 -93 under the terms and conditions stated in the lease
agreement attached as Exhibit D.
CSD06:F: \RES0S \CS020392:R12 1
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos, California, held on the 3rd day
of February, 1992, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton
Mayor Eric D. Carlson
NAYES: None
ABSENT: Brent N. Ventura
ABSTAIN: None
SIGNED
ATTEST:
CLERK OF THE TOWN O OS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:A: \RES0S \CS020392:R12 2
TC_ti V _ARK
E(HIBIT A
sac.
CID:
LEASE AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS
AND THE SAN JOSE STATE UNTt'ERSITY FOUNDATION HEALTH PLACE
REPRESENTING THE LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER
This LEASE, is entered into by and between the TOWN OF LOS GATOS, a
municipal corporation of the State of California, hereinafter referred to as 'TOWN' and
THE SAN JOSE STATE UNIVERSITY FOUNDATION HEALTH PLACE. a nonprofit
organization, hereinafter referred to as "I- ENANT' this 'o�aay of j , 1991.
WHEREAS, TOWN owns the premises and the structure (commonly referred to
as 'The Downtown Neighborhood Center" hereinafter referred to as "Center ") located at
the 208 E. Main Street, Los Gatos, California, 95032, and wishes to lease space in the
Center to nonprofit community service organizations that will assist the TOWN in serving
the needs of its residents; and
WHEREAS, TENANT desires to use the Center for the purpose of improving access
to nursing services for elders by providing nursing services that are not available through
current reimbursement mechanisms; and
WHEREAS, the Center's primary use (no less than 51 percent) is to benefit low and
moderate income senior citizens; and,
WHEREAS, the TOWN recognizes the need and desirability of such a community
organization and gathering place; and
WHEREAS, the TOWN incurs operating costs and expenses in maintaining the
Center which are due in part to tenant operations; and,
WHEREAS, TENANT agrees to their pro -rata share of TOWN expenses for Center
operations;
IT IS MUTUALLY AGREED by the parties as follows:
1. Leasin g TOWN hereby leases to TENANT, and TENANT hereby leases
from TOWN, room 7 of the Neighborhood Center, consisting of one hundred thirty -seven
square feet (137 sq.ft.) located at 208 E. Main Street, Los Gatos, Santa Clara County,
California.
Rued 7/76/91 Page 1 of 4
2. Term: The lease term shall commence on July 1, 1991 and extend through
June 30, 1992, subject to the termination provisions set fourth in this agreement.
3. Maintenance Fee: The rent shall be one hundred sixty dollars and twenty-
nine cents (5160.29) per month. Said rent is calculated according to the estimated
operational costs, one dollar and seventeen cents (51.17) per , {uare foot, multiplied by
the square footage occupied by the TENANT for a total of one thousand six hundred forty-
four dollars (51,923.48) for the lease year.
4. Photocowd : Photocopying costs incurred by TENANT will be billed
monthly on a per copy basis. All bills shall be due and payable upon receipt by TENANT.
5, ilce of premises: TENANT shall use said premises only for the benefit of
providing ursing services for elders and shall comply with all governmental laws and
regulations. Anticipated uses include recreational and informational activities, social events,
and informal gatherings. No alcohol may be served on the premises at any time without
the proper written consent of the Town.
6. 5i=: 'TENANT shall not place or permit to be placed in, upon, about or
outside of said premises or any part of the building any sign without the prior written
consent of the TOWN.
7. Il�ality Clause: TENANT shall not use the premises or suffer or permit
anything to be done in or about the premises or the property which will be in conflict with
any law, statute, zoning restriction, ordinance or governmental law, rule, regulation or
requirement of public authority now in force or which may hereafter be enforced.
TENANT shall not commit any private or public nuisance or any other act or thing which
might or would disturb the quiet enjoyment of surrounding property. TOWN at its option
may terminate this lease by giving ten (10) days written notice of its election to terminate
for any and all violations of the provisions contained herein.
g, EntI3 TENANT shall permit TOWN, its agents or assigns to enter the
premises at any time to inspect the premises or make repairs.
9, scciQelment and Sub- Leasing: TENANT shall neither assign this Lease, nor
sublet the whole or any part thereof, without the prior written consent of TOWN.
10. IIUWW. TOWN shall pay for all utilities including, but not limited to, water,
gas, electricity, and garbage removal.
Revised 7/16/91 Page 2 of 4
11. Maintenance: TENANT shall maintain the interior of said premises.
TENANT shall not paint, wallpaper, not make any alterations to the premises without the
prior written consent of the TOWN. TOWN shall maintain the exterior of said premises
and the grounds thereof. However, if repair is necessary due to the action or negligence of
TENANT, its agents, assigns or clients, TOWN shall charge TENANT time and one half
for services rendered, and for the materials involved.
12. Abandonment: If TENANT abandons or vacates the premises for any period
in excess of thirty (30) days, TOWN may, at its option, terminate this lease and take
possession of the property.
13. Insurance: TENANT shall procure and maintain with a reputable insurance
company, insurance as set forth in Exhibit A, attached, and incorporated hereby referenced.
14. Destruction of Premises: If the leased premises or any portion of the leased
premises is damaged or destroyed by any cause whatsoever, the TOWN is entitled to
terminate this lease Agreement and is under no obligation to repair, replace, or restore
the premises or any portion of the leased premises. Termination of this lease shall be by
giving written notice of the termination to Tenant not later than 30 days after the event
causing the damage or destruction. The termination shall be effective on the date specified
in the TOWN's notice. Upon termination of the Lease Agreement pursuant to this section,
all insurance proceeds payable because of the damage or destruction shall be paid to and
be the property of the TOWN.
15. Indemnification: TENANT shall indemnify, save harmless, and defend
TOWN from all liability from loss, damage, or injury to persons or property in any manner
arising out of or incident the performance of this agreement, including without limitation
all consequential damages, whether or not resulting from the negligence of the TOWN or
its agents, officers or employees.
16. ,Surrender of Premises: TENANT shall promptly surrender said premises
to TOWN at the expiration of the term of this Lease, or any sooner termination thereof,
in the same condition it was received, in good order and repair, reasonable wear and tear
and damage by the elements excepted.
y 17. Termination: Either party may terminate this agreement without cause upon
forty -five (45) days advance written notice. Such termination notice shall be sent to:
Revised 7/26/91 Page 3 of 4
TOWN of Lo ate Tenant
David W. Knapp, T n Manager Dr. Phyllis Connoly, Coord.
P.O. Box 949 San Jose State University Foundation
110 East Main Street The Health Place
Los Gatos. CA 95031 P.O. Box 720 -130
San Jose, CA 95172 -0130
18. mope o[ Lease: This Lease constitutes the entire agreement between the
parties. This Lease may not be modified except by an agreement in writing signed by the
party against whom the enforcement of any waiver, change, modification or discharge is
sought. The covenants and conditions in the lease shall bind the successors in interest of
the party.
19. Disputes: In any dispute between the parties over this Agreement,
prevailing party shall be entitled to costs and attorney's fees.
IN WTTNESS )(HEREOF, the parties have executed this Lease, in duplicate, this
�— day of �(� 19-?,g.
SaN fTATS STTY FOUNDATION
S. Kent Gibson, Executive Director
OVyN pp, GAWTOS
a a n Manager
APPROVED A. FORM:
KTcn An erton, own Attorney
ATTESTED TO: `
r u u �Jl kovmj—ler��k-
C$Doi*\C0NTFACT\,e anan V. Cosgr ove,
. joSE.LSE
R,v d 7/26/91 Page 4 of 4
EXHIBIT A.
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by "he
Contractor, his agents, representatives, employees or subcontractors. The cost
of such insurance shall be borne by the Contractor.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Insurance services Office form number GL 0002 (Ed. 1/73) covering
Comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability:
or Insurance Services Office Commercial General Liability coverage
( "occurrence" form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3. Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability insurance.
B. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage. Ii
Commercial General Liability Insurance or other form with a genera'.
aggregate limit is used, either the general aggregate limit shall
apply separately to this project /location or the general aggregate
limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
C. DEDUCTIBLES AND SELF- INSURED RETENTIONS
Any deductibles or self- insured retentions must be declared to and approved
by the Town. At the option of the Town, either: the insurer shall reduce
or eliminate such deductibles or self- insured retentions as respects the
Town its officers, officials, employees and volunteers; or the Contractor
shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. O-UL& TNC7TRpNf F PROVISIONS
The policies are to contain, or be endorsed to contain, the following
provisions:
1. General Liability and Automobile Liability Coverages
a. The Town, its officers, officials, employees and volunteers
are to be covered as insureds as respects: liability arising
out of activities performed by or on behalf of the Contractor,
products and completed operations of the Contractor, premises
owned, occupied or used by the Contractor, or automobiles
owned, leased, hired or borrowed by t: -e Contractor The
coverage shall contain no special limitations on the sc_pe of
protection afforded to the Town, its officers, officials,
employees or volunteers.
b. The Contractor's insurance coverage shall be primary insurance
as respects the Town, its officers, officials, employees and
volunteers. Any insurance or self - insurance maintained by the
Town, its officers, officials, employees or volunteers shall
be excess of the Contractor's insurance and shall not
contribute with it.
C. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the Town, its officers,
officials, employees or volunteers.
d. The Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability coverage
The insurer shall agree to waive all rights of subrogation against
the Agency, its officers, officials, employees and volunteers for
losses arising from work performed by the contractor for the Town.
3. All Coverages
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by
either party, reduced in coverage or in limits except after thirty
(30 days' prior written notice by certified mail, return receipt
requested, has been given to the Town.
_. ACCEPTABILITY OF INSLRERS
Insurance is to be placed with insurers with a Best's rating of no less
than A:VII.
F. VERIFICATION OF COVERAGE
Upon execution of this agreement, Contractor shall furnish the Town with
certificates of insurance and with original endorsements effecting coverage
required by this clause. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer
to bind coverage on its behalf. The certificates and endorsements are to
be on forms provided by the Town. Where by statute, the Town's workers'
compensation - related forms cannot be used, equivalent forms approved by
the Insurance Commissioner are to be substituted. All certificates and
endorsements are to be received and approved by the Town before work
commences. The Town reserves the right to require complete, certified
copies of all required insurance policies, at any time.
CS:04:A:\conbYCt \EAMjAjTS.AOE
TOWN CLERK n
EXHIBIT, 3 ASR: ---
IHH: QIGH '1 ._ —
REC:
BID:
LEASE AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS
AND THE SENIOR COORDINATING COUNCIL REPRESENTING THE
LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER
This LEASE, is entered into by and between the TOWN OF LOS GATOS, a
municipal corporation of the State of California, hereinafter referred to as 'TOWN" and
THE SENIOR COORDINATING COUNCIL, a nonprofit organization, hereinafter
referred to as 'TENANT" this - day of 4,,:i L4 >..1- _,1991.
WHEREAS, TOWN owns the premises and the structure (commonly referred to
as 'The Downtown Neighborhood Center" hereinafter referred to as "Center ") located at
the 208 E. Main Street, Los Gatos, California, 95032, and wishes to lease space in the
Center to nonprofit community service organizations that will assist the TOWN in serving
the needs of its residents; and
WHEREAS, TENANT desires to use the Center for the purpose of serving low and
moderate income senior citizens; and
WHEREAS, the Center's primary use (no less than 51 percent) is to benefit low and
moderate income senior citizens; and,
WHEREAS, the TOWN recognizes the need and desirability of such a community
organization and gathering place; and
WHEREAS, the TOWN incurs operating costs and expenses in maintaining the
Center which are due in part to tenant operations; and,
WHEREAS, TENANT agrees to their pro -rata share of TOWN expenses for Center
operations;
IT IS MUTUALLY AGREED by the parties as follows:
1. Leasing TOWN hereby leases to TENANT, and TENANT hereby leases
from TOWN, rooms 1, 3, and 6 of the Neighborhood Center, consisting of seven hundred
twenty-six square feet (726 sq.ft.) located at 208 E. Main Street, Los Gatos, Santa Clara
County, California.
Revised 7/26/91 Page 1 of 4
2, Term: The lease term shall commence on July 1, 1991 and extend through
June 30, 1992, subject to the termination provisions set fourth in this agreement.
3. Maintenance Fee: The rent shall be eight hundred forty -rune dollars and
forty -two cents ($849.42) per month. Said rent is calculated according to the estimated
operational costs, One Dollar ant Seventeen Cents ($1.17) per square foot, multiplied by
the square footage occupied by the TENANT for a total of ten thousand one hundred
ninety -three dollars and four cents ($10,193.04) for the lease year.
4, _„__oconyin¢: Photocopying costs incurred by TENANT will be billed
monthly on a per copy basis. All bills shall be due and payable upon receipt by TENANT.
g. Try.. of Premises: TENANT shall use said premises only for the benefit of
low and moderate income uor citizens, as a center for senior citizens to gather and
associate, and in connection therewith, shall comply with all governmental laws and
regulations. Anticipated uses include recreational and informational activities, social events,
and informal gatherings. No alcohol may be served on the premises at any time without
the proper written consent of the Town.
6 5IM: 'TENANT shall not place or permit to be placed in, upon, about or
outside of said premises or any part of the building any sign without the prior written
consent of the TOWN.
7. mUAWSty Clause: TENANT shall not use the premises or suffer or permit
anything to be done in or about the premises or the property which will be in conflict with
any law, statute, zoning restriction, ordinance or governmental law, rule, regulation or
requirement of public authority now in force or which may hereafter be enforced.
TENANT shall not commit any private or public nuisance or any other act or thing which
might or would disturb the quiet enjoyment of surrounding property. TOWN at its option
may terminate this lease by giving ten (10) days written notice of its election to terminate
for any and all violations of the provisions contained herein.
8 EnU3 TENANT shall permit TOWN, its agents or assigns to enter the
premises at any time to inspect the premises or make shall neither assign this Lease, nor
9. Ascittrtment and Sub-i &asin�
sublet the whole or any part thereof, without the prior written consent of TOWN.
10. KfiUlIff.
TOWN shall pay for all utilities including, but not limited to, water,
Page 2 of 4
Revised 7/16l91
gas, electricity, and garbage removal.
11. Maintenance: TENANT shall maintain the interior of said premises.
TENANT shall not paint, wallpaper, not make any alterations to the premises without the
prior written consent of the TOWN. TOWN shall maintain the exterior of said premises
and the grounds thereof. However, if repair is necessary due to the action or negligence of
TENANT, its agents, assigns or clients, TOWN shall charge TENANT time and one half
for services rendered, and for the materials involved.
12. Abandonment: If TENANT abandons or vacates the premises for any period
in excess of thirty (30) days, TOWN may, at its option, terminate this lease and take
possession of the property.
13. Insurance: TENANT shall procure and maintain with a reputable insurance
company, insurance as set forth in Exhibit A, attached, and incorporated hereby referenced.
14. Destruction of premises: If the leased premises or any portion of the leased
premises is damaged or destroyed by any cause whatsoever, the TOWN is entitled to
terminate this Lease Agreement and is under no obligation to repair, replace, or restore
the premises or any portion of the leased premises. Termination of this lease shall be by
giving written notice of the termination to Tenant not later than 30 days after the event
causing the damage or destruction. The termination shall be effective on the date specified
in the T" 'NN's notice. Upon termination of the Lease Agreement pursuant to this section,
all insurance proceeds payable because of the damage or destruction shall be paid to and
be the property of the TOWN.
15. JAdemnification: TENANT shall indemnify, save harmless, and defend
TOWN from all liability from loss, damage, or injury to persons or property in any manner
arising out of or incident the performance of this agreement, including without limitation
all consequential damages, whether or not resulting from the negligence of the TOWN or
its agents, officers or employees.
16. Surrender of Premises: TENANT shall promptly surrender said premises
to TOWN at the expiration of the term of this Lease, or any sooner termination thereof,
in the same condition it was received, in good order and repair, reasonable wear and tear
and damage by the elements excepted.
Reviud 7/26/91 Page 3 of 4
17. Termination: Either party may terminate this agreement without cause upon
forty -five (45) days advance written notice. Such termination notice shall be sent to:
TOWN of �os Tenant
David W. Knapp, Town Manager Donna Coordinating Executive e Director
P.O. Box 949
110 East Main Street 208 East Main Street
Los Gatos, CA 95031 Los Gatos, CA 95032
18. 5s"4 0[ .•aan; This Lease constitutes the entire agreement between the
parties. This Lease may not be modified except by an agreement in writing signed by the
party against whom the enforcement of any waiver, change, modification or discharge is
sought. The covenants and conditions in the lease shall bind the successors in interest of
the party.
19. Disputes: In any dispute between the parties over this Agreement, the
prevailing party shall be entitled to costs and attorney's fees.
IN WITNESS WHEREOF, the parties have executed this Lease, in duplicate, this
lVek day of _��lg�• 19y/. _
SENIO COORDINATIN CIL
a ynd, a ve recto
W F LOS G TOS pp,' ow anager
APPROVED TO FORM:
a
ICa Brine An erton, own Attorney
ATTESTED
Jg4/I � �rn i,vt gcive` own C %rk
CS001 * \C0NTRACT\SENC0R0,LSE
tt,,j�d 7 /26/91 Page 4 of 4
EXHIBIT A.
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the
Contractor, his agents, representatives, employees or subcontractors. The cost
of such insurance shall be borne by the Contractor.
A MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Insurance services Office form number GL 0002 (Ed. 1/73) covering
Comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability;
or Insurance Services Office Commercial General Liability coverage
( "occurrence" form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3. Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability insurance.
B MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall
apply separately to this project /location or the general aggregate
limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
C. D�FDUCTIBLES AND SELF- INSttRFD R TENTIONS
Any deductibles or self- insured retentions must be declared to and approved
by the Town. At the option of the Town, either: the insurer shall reduce
or eliminate such deductibles or self- insured retentions as respects the
Town its officers, officials, employees nd volunteers; o a Contractor
shall procu_e a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following
provisions:
1. General Liability and Automobile Liability Coverages
a. The Town, its officers, officials, employees and volunteers
are to be covered as insureds as respects: liability arising
out of activities performed by or on behalf of the Contractor,
products and completed operations of the Contractor, premises
med, occupied or us , by the Contractor, or automor 1es
cored, lease - -- hired cr borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of
protection afforded to the Town, its officers, officials,
employees or volunteers.
b. The Contractor's insurance coverage shall be primary insurance
as respects the Town, its officers, officials, employees and
volunteers. Any insurance or self- insurance maintained by the
Town, its officers, officials, employees or volunteers shall
be excess of the Contractor's insurance and shall not
contribute with it.
C. Any failure to comply with reporting provisions of the po: _es
hall not affect coverage provided to the Town, its officers
:fficials, employees or volunteers.
d. The Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability coverage
The insurer shall agree to waive all rights of subrogation against
the Agency, its officers, officials, employees and volunteers for
losses arising from work performed by the contractor for the Town.
3. All Coverages
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancell by
either party, reduced in coverage or in limits except after t —rty
E
F
(30 days' prior written notice by certified mail, return receipt
requested, has been given to the Town.
t,CCEPTA3ILITY OF INSURERS
Insurance is to be placed with insurers with a Best's rating of no less
than ANII.
VERIFICATION OF AGE
COVER
Upon execution of this agreement, Contractor shall furnish the Town with
certificates of insurance and with original endorsements effecting coverage
required by this clause. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer
to bind coverage on its behalf. The certificates and endorsements are to
be on forms provided by the Town. Where by statute, the Town's workers'
compensation - related forms cannot be used, equivalent forms approved by
the Insurance Commissioner are to be substituted. All certificates and
endorsements are to be received and approved by the Town before work
commences. The Town reserves the right to require complete, certified
copies of all required insurance policies, at any time.
Revised 7/23/91
CSDDd:A: \contr&ct \E%NIlITS.ADE
AGR'. 4/ S
EXHIBIT C IHH..iQJ��
REC'
BID'
LEASE AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS
k.VD THE TEEN COUNSELING CENTER OF THE WEST VALLEY REPRESENTING THE
LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER
This LEASE, is entered into by and between the TOWN OF LOS GATOS, a
municipal corporation of the State of California, hereinafter referred to as 'TOWN" and
The Teen Counseling Center of the West Valley, a nonprofit organization, hereinafter
referred to as 'TENANT" this �.j5.:/ day of. Zte4i 1991.
RECITALS
WHEREAS, TOWN owns the premises and the structure (commonly referred to
as The Downtown Neighborhood Center" hereinafter referred to as "Center ") located at
the 208 E. Main Street, Los Gatos, California, 95032, and wishes to lease space in the
Center to nonprofit community service organizations that will assist the TOWN in serving
the needs of its residents; and
WHEREAS, TENANT desires to use the Centel: for the purpose of providing low
fee counseling and related outreach services to adolescents and their families who are Los
Gatos residents; and
WHEREAS, the Center's primary use (no less than 51 percent) is to benefit low and
moderate income senior citizens; and,
WHEREAS, the TOWN recognizes the need and desirability of such a community
organization and gathering place; and
WHEREAS, the TOWN incurs operating costs and expenses in maintaining the
Center which are due in part to tenant operations; and,
WHEREAS, TENANT agrees to their pro -rata share of TOWN expenses for Center
operations;
IT IS MUTUALLY AGREED by the parties as follows:
1. jeasin TOWN hereby leases to TENANT, and TENANT hereby leases
from TOWN, room 2 of the Neighborhood Center, consisting of two hundred forty -five
square feet (245 sq.ft.) located at 208 E. Main Street, Los Gatos, Santa Clara County,
California.
Revised 7/26/91 Page 1 of 4
2. -UM, The lease term shall commence on July 1, 1991 and extend through
June 30, 1992, subject to the termination provisions set fourth in this agreement.
3. Ma ntenance Fee: The rent shall be two hundred eighty-six dollars and sixty -
five cents ($286.65) per month. Said rent is calculated according to the estimated
operational costs, one dollar and seventeen cents ($1.17) per square foot, multiplied by
the square footage occupied by the TENANT for a total of three thousand four hundred
thirty -nine dollars and eighty cents (53,439.80) for the lease year.
4. t
Photocopying costs incurred by TENANT will be billed
monthly on a per copy basis. All bills shall be due and payable upon receipt by TENANT.
5. A 0�__EMMiuses: TENANT shall use said premises only for the benefit of
providing 1 =,F f counseling and related outreach services to adolescents and their families
who are Us Ga esidents, and in connection therewith, shall comply with all
O�6na� �1
governmental la and regulations. Anticipated uses include recreational and informational
al gatherings. No alcohol may be served on the premises
activities, social events, and inform
at any time without the proper written consent of the Town.
6 SIM. TENANT shall not place or permit to be placed in, upon, about or
outside of said premises or any part of the building any sign without the prior written
consent of the TOWN.
7, itieQali,_�Set TENANT shall not use the premises or suffer or permit
anything to be done in or about the premises or the property which will be in conflict with
any law, statute, zoning restriction, ordinance or governmental law, rule, regulation or
requirement of public authority now in force or which may hereafter be en which
h
TENANT shall not commit any private or public nuisance or any
might or would disturb the quiet enjoyment of surrounding property. TOWN at its option
may terminate this lease by giving ten (10) days written notice of its election to terminate
for any and all violations of the provisions conTOWNher agents or assigns to enter the
8. Z=. TENANT shall permit
premises at any time to inspect the premises or make repairs.
q AaeiQnment and Sib-
reasina: TENANT shall neither assign this Lease, nor
sublet the whole or any part thereof, without the prior written consent of TOWN.
Page 2 of 4
Revised 7/16/91
10. Utilities: TOWN shall pay for all utilities including, but not limited to, water,
gas, electricity, and garbage removal.
11. Maintenance: TENANT shall maintain the interior of said premises.
TENANT shall not paint, wallpaper, not make any alterations to the premises without the
prior written consent of the TOWN. TOWN shall maintain the exterior of said premises
and the grounds thereof. However, if repair is necessary due to the action or negligence of
TENANT, its agents, assigns or clients, TOWN shall charge TENANT time and one half
for services rendered, and for the materials involved.
12. Abandonment: If TENANT abandons or vacates the premises for any period
in excess of thirty (30) days, TOWN may, at its option, terminate this lease and take
possession of the property.
13. Insurance: TENANT shall procure and maintain with a reputable insurance
company, insurance as set forth in Exhibit A. attached, and incorporated hereby referenced.
14. Destruction of Premises: If the leased premises or any portion of the leased
premises is damaged or destroyed by any cause whatsoever, the TOWN is entitled to
terminate this Lease Agreement and is under no obligation to repair, replace, or restore
the premises or any portion of the leased premises. Termination of this lease shall be by
giving written notice of the termination to Tenant not later than 30 days after the event
causing the damage or destruction. The termination shall be effective on the date speed
in the TOWN's notice. Upon termination of the Lease Agreement pursuant to this section,
all insurance proceeds payable because of the damage or destruction shall be paid to and
be the property of the TOWN.
15. Indemnification: TENANT shall indemnify, save harmless, and defend
TOWN from all liability from loss, damage, or injury to persons or property in any manner
arising out of or incident the performance of this agreement, including without limitation
all consequential damages, whether or not resulting from the negligence of the TOWN or
its agents, officers or employees.
16. Surrender of Premises: TENANT shall promptly surrender said premises
to TOWN at the expiration of the term of this Lease, or any sooner termination thereof,
in the same condition it was received in good order and repair, reasonable wear and tear
and damage by the elements excepted.
ttv;xd 7/z6/91 Page 3 of 4
17 Term n' Either party may terminate this agreement without cause upon
forty -five (45) days advance written notice. Such termination notice shall be sent to:
TOWN of l:�s_Si3LQS Tenant
David W. Knapp Rebecca pitts- Giordano
Town Manager Executive Director
main Street The Teen Counseling Center
110 East M
P. O. Box ai 208 East Main Street
Los Gatos, CA 95031
Los Gatos, CA 95032
18• &O°e °f Lease• This Lease constitutes the entire agreement between the
si ed b the
parties. This Lease may not be modified except by an agreement in writing gn Y
party against whom the enforcement of any waiver, change, modification or discharge is
sought. The covenants and conditions in the lease shall bind the successors in interest of
the party artier over this Agreement the
19 Ui nanIff. In any dispute between the p
prevailing party shall be entitled to costs and attorney's fees.
IN WITNESS WHEREOF, the parties have executed this Lease, in duplicate, this
day of J� /� 19.
THE TEEN Cv011U NSFY G CENTER OF
=Ccas for ano
Executive Director
TOWN Orr LOS GATOS _
• own M a er
avt PPS
APPROVED AS TO FORM:
erine An erton, own Attorney
ATMMSITIE D TO*
t
Marian e, own Clerk
CS001:A: \CoNTFACT\T*"Cdun.LSE
Page 4 of 4
Revised 7/26/91
EXHIBIT A.
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the
Contractor, his agents, representatives, employees or subcontractors. The cost
of such insurance shall be borne by the Contractor.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Insurance services Office form number GL 0002 (Ed. 1/73) covering
Comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability;
or Insurance Services Office Commercial General Liability coverage
( "occurrence" form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3. Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability insurance.
B. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall
apply separately to this project /location or the general aggregate
limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
C DEDUCTIBLES AND SELF - INSURED RR'IENTIONS
Any deductibles or self- insured retentions must be declared to and approved
by the Town. At the option of the Town, either: the insurer shall reduce
or eliminate such deductibles or self - insured retentions as respects the
Town its officers, officials, employees and volunteers; or the Contractor
shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D 0.,.1 *hCtt4oN('F PROVISIONS
The policies are to contain, or be endorsed to contain, the following
provisions:
1, General Liability and Automobile Liability Coverages
a, The Town, its officers, officials, employees and volunteers
are to be covered as insureds as respects: liability arising
out of activities performed by or on behalf of the Contractor,
products and completed operations of the Contractor, premises
owned, occupied or used by the Contractor, or automobiles
owned, leased, hired or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of
protection afforded to the Town, its officers, officials,
employees or volunteers.
b. The Contractor's insurance coverage shall be primary insurance
as respects the Town, its officers, officials, employees and
volunteers. Any insurance or self - insurance maintained by the
Town, its officers, officials, employees or volunteers shall
be excess of the Contractor's insurance and shall not
contribute with it.
C. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the Town, its officers,
officials, employees or volunteers.
d. The Contractor's insurance shall apply separately to each
Insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
2, Workers' Compensation and Employers Liability coverage
The insurer shall agree to waive all rights of subrogation against
the Agency, its officers, officials, employees and volunteers for
losses arising from work performed by the contractor for the Town.
3, All Coverages
Each insurance policy required by this clause shall be endorsed to
lled by
state that coverage shall not be suspended, voided, cance
either party, reduced in coverage or in limits except after thirt;
E
F
(30 days' prior written notice by certified mail, return receipt
requested, has been given to the Town.
nrry9TSRITiTY OF INSURERS
Insurance is to be placed with insurers with a Best's rating of no less
than A:VII.
VFRI ICATION OF COVERAGE
Upon execution of this agreement, Contractor shall furnish the Town with
certificates of insurance and with original endorsements effecting coverage
required by this clause. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer
to bind coverage on its behalf. The certificates and endorsements are to
be on forms provided by the Town. Where by statute, the Town's workers'
compensation - related forms cannot be used, equivalent forms approved by
the Insurance Commissioner are to be substituted. All certificates and
endorsements are to be received and approved by the Town before work
commences. The Town reserves the right to require complete, certified
copies of all required insurance policies, at any time.
Revised 7/23/91
C5004:A: \4envaec\E%M1IIT$.AOE
EXHI617 D
LEASE AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS
AND REPRESENTING THE
LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER
This LEASE, is entered into by and between the TOWN OF LOS GATOS, a
municipal corporation of the State of California, hereinafter referred to as 'TOWN" and
, a nonprofit organization, hereinafter referred to as 'TENANT'
this day of , 1992.
WHEREAS, TOWN owns the premises and the structure (commonly referred to
as 'The Downtown Neighborhood Center" hereinafter referred to as "Center ") located at
the 208 E. Main Street, Los Gatos, California, 95032, and wishes to lease space in the
Center to nonprofit community service organizations that will assist the TOWN in serving
the needs of its residents; and
WHEREAS, TENANT desires to use the Center for the purpose of
; and
WHEREAS, the Center's primary use (no less than 51 percent) is to benefit low and
moderate income senior citizens; and,
WHEREAS, the TOWN recognizes the need and desirability of such a community
organization and gathering place; and
WHEREAS, the TOWN incurs operating costs and expenses in maintaining the
Center which are due in part to tenant operations; and,
WHEREAS, TENANT agrees to their pro -rata share of TOWN expenses for Center
operations;
IT IS MUTUALLY AGREED by the parties as follows:
1. Leasing TOWN hereby leases to TENANT, and TENANT hereby leases
from TOWN, room of the Neighborhood Center, consisting of
square feet ( sq.ft.) located at 208 E. Main Street, Los Gatos, Santa Clara
County, California.
Rya 7/26/91 Page 1 of 4
2. Term: The lease term shall commence on July 1, 1992 and <::tend through
June 30, 1993, subject to the termination provisions set fourth in this agreement.
3. Maintenance Fee: The rent shall be
($ ) per month. Said rent is calculated according to the estimated operational
costs, One Dollar and Seventeen Cents ($1.17) per square foot, multiplied by the square
footage occupied by the TENANT for a total of
($ ) for the lease year.
4. Photoc9o3d": Photocopying costs incurred by TENANT will be billed
monthly on a per copy basis. All bills shall be due and payable upon receipt by TENANT.
5. iise of Premises: TEN 'T shall use said premises only for the benefit of
and, shall comply with all governmental laws and regulations. Anticipated uses
include recreational and informational activities, social events, and informal gatherings. No
alcohol may be served on the premises at any time without the proper written consent of
the Town.
6. Si=: TENANT shall not place or permit to be placed in, upon, about or
outside of said premises or any part of the building any sign without the prior written
consent of the TOWN.
7. Illegality Clause: TENANT shall not use the premises or suffer or permit
anything to be done in or about the premises or the property which will be in conflict with
any law, statute, zoning restric- ;n, crdinance or governmental law, rule, regulatic" or
requirement of public authority now in force or which may hereafter be enfc ed.
TENANT shall not commit any private or public nuisance or any other act or thing which
might or would disturb the quiet enjoyment of surrounding property. TOWN at its option
may terminate this lease by giving ten (10) days written notice of its election to terminate
for any and all violations of the prosions contained herein.
8. Entry: TENANT shall permit TOWN, its agents or assigns to enter the
premises at any time to inspect the premises or make repairs.
9. Assignment and Sub-Leasing : TENANT shall neither assign this Lease, nor
sublet the whole or any part thereof, without the prior written consent of TOWN
10. ill i : TOWN shall pay for all utilities including, but not 1 °mited tc -,ter.
Revised 7/26/91 Page 2 of 4
gas, electricity, and garbage removal.
11. Maintenance: TENANT shall maintain the interior of said premises.
TENANT shall not paint, wallpaper, not make any alterations to the premises without the
prior written consent of the TOWN. TOWN shall maintain the exterior of said premises
and the grounds thereof. However, if repair is necessary due to the action or negligence of
TENANT, its agents, assigns or clients, TOWN shall charge TENANT time and one half
for services rendered, and for the materials involved.
12. Abandonment: If TENANT abandons or vacates the premises for any period
in excess of thirty (30) days, TOWN may, at its option, terminate this lease and take
possession of the property.
13. Insurance: TENANT shall procure and maintain with a reputable insurance
company, insurance as set forth in Exhibit A, attached, and incorporated hereby referenced.
14. Destruction of Premises: If the leased premises or any portion of the leased
premises is damaged or destroyed by any cause whatsoever, the TOWN is entitled to
terminate this Lease Agreement and is under no obligation to repair, replace, or restore
the premises or any portion of the leased premises. Termination of this lease shall be by
giving written notice of the termination to Tenant not later than 30 days after the event
causing the damage or destruction. The termination shall be effective on the date specified
in the TOWN's notice. Upon termination of the Lease Agreement pursuant to this section,
all insurance proceeds payable because of the damage or destruction shall be paid to and
be the property of the TOWN.
15. Indemniflcation: TENANT shall indemnify, save harmless, and defend
TOWN from all liability from loss, damage, or injury to persons or property in any manner
arising out of or incident the performance of this agreement, including without limitation
all consequential damages, whether or not resulting from the negligence of the TOWN or
its agents, officers or employees.
16. Surrender of Premises: TENANT shall promptly surrender said premises
to TOWN at the expiration of the term of this Lease, or any sooner termination thereof,
in the same condition it was received, in good order and repair, reasonable wear and tear
and damage by the elements excepted.
Revxd 7/26/91 Page 3 of 4
17. Termination: Either party may terminate this agreement without cause upon
forty -five (45) days advance written notice. Such termination notice shall be sent to:
David W. Knap -own Manager
P.O. Box 949
110 East Main street
Los Gatos, CA 95031
18. 50Rg of Lease: This Lease constitutes the entire agreement between the
- arties. This Lease may not be modified except by an agreement in writing signed by the
party against whom the enforcement of any waiver, change, modification or discharge is
sought. The covenants and conditions in the lease shall bind the successors in interest of
the party.
19. Disputes: In any dispute between the parties over this Agreement, the
prevailing party shall be entitled to costs and attorney's fees.
IN WITNESS WHEREOF, the parties have executed this Lease, in duplicate, this
day of , 19 _
tenant
name title
TOWN OF LOS GATOS
David W. Knapp, Town Manager
APPROVED AS TO FORM:
Katherine Anderton, Town Attorney
ATTESTED TO:
Maria:i V. Cosgrove, Town Clerk
CSD01 * \C0NTAACT\SENC0R01SE
Revised 7/76/91 Page 4 of 4