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1992-010-Authorizing The Ratification Of The License Between The Town Of Los Gatos And Louise L. Dronkert To Allow The Police Department To Use Property At 664 N. Santa Cruz AvenueRESOLUTION 1992 -10 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE RATIFICATION OF THE LICENSE BETWEEN THE TOWN OF LOS GATOS AND LOUISE L. DRONKERT TO ALLOW THE POLICE DEPARTMENT TO USE PROPERTY AT 664 N. SANTA CRUZ AVENUE BE IT RESOLVED by the Town Council of the Town of Los Gatos that the Town ratify license between the Town of Los Gatos and Louise L. Dronkert for use of property located at 664 N. Santa Cruz Avenue for Police Department training (attached). PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21st day of January, 1992, by the following vote: COUNCIL MEMBERS AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura, Mayor Eric D. Carlson NOES: None ABSENT: None ABSTAIN: None SIGNED: r v MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: Met- CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TOWN OF LOS GATOS LICENSE TUWN CLERK ,�, AGR: 29 G 1-® [H'-t: REA41 /99� This L1 nse is made and entered into this day of ,Jn i ,�.499t- ct e.e.. F � t � 5 S. 1 Rus �. by a etween L�rrige �e ( heremafter ' Ltcensor") and the Town of Los Gatos, a municipal corporation (hereinafter "Licensee "). RECITALS: WHEREAS, the Licensor owns certain real property located at 664 N. Santa Cruz Avenue ( "the Property ") formerly known as the Fountain Court Apartments; and WHEREAS, Licensor, intends to have improvements on the Property and demolish and redeveloped; and WHEREAS, the Los Gatos Police Department needs a location to train its officers in various practical situations and environments; and WHEREAS, the Property is similar to many residential type environments, is in a secure area, and is therefore a suitable location for training exercises. NOW, THEREFORE, it is agreed as follows: 1. Licensor grants to Licensee a License to conduct police department training exercises on the Property on the following conditions: a. Licensee shall notify Licensor in writing of its intention to use the `'� W, property at least seven days in advance of each anticipated use a,,A shall b. Licensee shall provide a lock for the entrance gate to the Property and ensure that it is locked after each use of the Property. C. Licensee may enter and use all improvements on the property. Licensee may force open doors or windows on the Property but must take all necessary steps, including boarding up, to secure them at the completion of the training exercise. d. Licensee agrees to defend, indemnify and save harmless Licensor from and against any and all claims, demands, causes of action, damages, costs, attorneys fees, expenses, losses or liabilities of any kind whatsoever, except f y Lieeftsar in `his T iee , including, but not limited to, injury to or death of Licensee's officers, agents and employees, and third parties, and damage to or destruction of property of Licensee, or third parties, arising out of or in any manner, directly or indirectly Atny005 \Contracts \PDHLDHML Page 1 of 3 December 4, 1991 �, peg- Sooc�.1 Cow- �-c�c -1-- Q�tc;c- -F-fl s-s �-o b e a g e d cu N: ae 2,:���Jco-}o tu.ssi pl, 35'- i-3 ?Yt� anA. �U-L$ �omccnn t�� 39 S-S�i b'3 �Iewei6 S6[.1)61.6.14.2 connected with the training performed by Licensee's Police Department on assignment, regardless of any active or passive negligence or willful misconduct of Licensor's agents or employees. 2. Licensor acknowledges that physical damage to the Property and improvements on it are likely to occur during Licensee's use and expressly waives any and all claim and right to compensation for such damage. 3. All notices and other communications required or permitted to be given under this License shall be in writing and shall be personally served or mailed, postage pre -paid and return receipt requested, addressed to the respective parties as follows: TO LICENSOR: 6/6 Louise Dronkert it,( /QSs 61 Nantucket Place 7 1L,-cs— Port Teuashed, WA 98368 7-- :,gscr iD TO LICENSEE: Town Manager Town of Los Gatos P.O. Box 949 Los Gatos, CA 95031 Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the mail. 4. This License is nonassignable and any attempt to assign this License terminates it. 5. This License is terminable at will. "LICENSOR" ur$eDronkert cLt/-o�ne�l- ,, ?- ire =cr l-4N>rvo M, C3.4T/ACE,- riz.jd -e- ,G7flT/Y'r 7/&UsT "LICENSEE" Town of Los Gatos ��j W By: David W. Knapp It's Town Manager Atny005 \Contracts \PDHLDHML Page 2 of 3 December 4, 1991 ATTEST: a ' n y.,! ove Town Cler APPROVED AS TO FORM: Kath rine Anderton Town 'Attorney AtnyW5 \Contracts \PDHLDHML Page 3 of 3 December 4, 1991 idi OWt;R Of ATTORNFY KNOW ALL P!LN DY TH FIIC�L FF.BSEN`;S, that I, Anne M. Bajace, of Carmel, California, as an indIvidua' and as Trustoz' and Trustee of the Faiace Family SuI' vIvcls, Residual and Marital Trusts under the Yetm:> of the Bajace hamily 1985 Fast, dated December 17, 1985, the ur,cierslg ?,ed, he relnafter "principal ", do hereby make, constitute are appoint Louise L. D, on;, i,, of Port Townsend, Waahing +..on my true lawful attorney in fact, for me and in my name, place and stead, giving ❑ntu said Loutse L. 1)ronkert full power to execute any and all deeds, contract;, notices of purchasers' interest, closing statements 01' other collateral documents relating to the transfer of certain property located in Santa Clara County, California and further tc execute any and all leases, contracts, applications, agreements acid other collateral documents relating to the development, rental, management and maintenance of said property, more particularly 3f-scribed as follows: 664 North Santa Cruz Avenue, Loy. Gatos, California and further described as Assessor's Parcel Number 529- 10 -09b and recorded August 14, 1959 in Boob: 4514, Page 681, Official Records, ae I might or could do If personally present, hereby ratifying and confirming all my said attorr.�y iu fact shall lawfully do or cause to be done by virtue of these presents. This power of attorney shall r.ot be affected by the disability of the principal and shall remain in effect until revoked in writing. SIN WITNESS THEREOF, 1 have 'r reur:to set my hand this LZ day of I990 /�, 2 - - � �j�EC -------- - - - - -- Anne -P'�- Bajace -- , Tr - Ul�te- -e - Bajace Family Survivors' Trust The Bajace Family 1985 'Crust dtd Dec. 17, 1985 STATE., OF CA�g1)FOR �A� COUNTY OF J / day of L _, 1990, before• me, the undersigned, On this a Notary Public for thr�St4te of California, personally appeared Anne M. Baj ace , known to me to be the person whose name is subscribed by the foregoing instrument, and acknowledged to me that she executed the same. In Witness whereof, I have hereunto set my hand and official seal the day and year in this certificate f rst aAO--; wrj;tten. OFMALSEAL Notary Publ is in nd ^ said State SUSAN AMAINUU Nor e C8l y 01 C=m. Ems. ANN 5. I