1988-160-Authorizing The Mayor To Enter Into Lease Agreement With The State Of California Department Of TransportationRESOLUTION NO. 1988 -160
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT
WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
BE IT THEREFORE RESOLVED that the Town Council of the Town
of Los Gatos does hereby authorize the Mayor to sign a lease agreement
with the State of California, Department of Transportation for land
use under provisions of the Marler Johnson Act.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Los Gatos held on the 1st day of August 1988
by the following vote:
AYES: COUNCIL MEMBERS Thomas J. Ferrito, Robert L. Hamilton,
Brent N. Ventura and Vice -Mayor Joanne Benjamin
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Ma "yor Eric D. Carlson
SIGNED:
VI�e,`i°IAYOR OF THE TOWN 0 LOS GATOS
ATTEST:
SR. DEPUTY CLERK OF I TOWN OF LOS GATOS
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Account ;i ber OOIA- 001 -02
Lease Area Number 04- SCL -17 -1
MARLER- JOHNSON PARK LEASE
THIS LEASE, made entered into this 1st day of August, 1988,
by and between the STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION,
hereinafter referred to as "DEPARTMENT ", and THE TOWN OF LOS GATOS
hereinafter referred to as "LESSEE ",
W I T N E S S E T H
WHEREAS, it has been determined by the Director of the Department of
Transportation that the following described real property is the proper
subject of a lease pursuant to Section 14013 of the Government Code of
the State of California:
That property outlined in red on Exhibit "A" attached and made a part
hereto;
AND WHEREAS, DEPARTMENT and LESSEE desire to enter into a Lease of
the above- described property under such terms and conditions set forth
hereinafter:
NOW, THEREFORE, in consideration of the premises and mutual
agreements of the parties hereto, it is agreed as follows:
1. This Lease shall be for a term of ten (10) years at the rate of ..
One Hundred ($100.00) Dollars per annum, payable in advance to
the DEPARTMENT at the office of the STATE OF CALIFORNIA,
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DEPARTr:,,U OF TRANSPORTATION, P.O. &,� 7310, SAN FRANCISCO,
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CALIFORNIA, 94120, Attention: Accounting Department, Airspace,
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commencing on the 1st day of APril, 1988. At DEPARIMENT's
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option, said Lease may be renewed for an additional five (5)
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year period in accordance with such terms as may be mutually
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agreed upon by the parties hereto.
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2. The property herein leased shall be used exclusively for park
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purposes and shall at all times be maintained at the sole cost
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and expense of LESSEE in an orderly, clean, safe and sanitary
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condition. Said Lease may immediately be terminated by
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DEPARTMENT upon the happening of any of the following
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conditions:
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(a) When subject property is used for any purpose
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other than park purposes;
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(b) When any portion of the property herein leased
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is required for State highway or other public
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transportation purposes as determined by the
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governing body of the Department of Transportation
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or other public transportation agency;
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(c) When, in the opinion of the Director of the
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Department of Transportation, the leased property
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is not maintained in such manner as to protect and
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enhance the highway improvement and its environs,
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IJ (REV. 8.711
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11 and LESSEE within ten (10) days aLcer notice from
2 I DEPARTMENT fails to correct any deficiencies.
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4i 3. In the event this Lease is terminated for any of the reasons
5i stated in the preceding paragraph or at the expiration of the
6� period of this Lease, LESSEE agrees to remove all improvements
7' except landscaping within the right of way at its sole expense
81 within one hundred twenty days (120) after the termination of
9: this Lease. If LESSEE fails to remove all improvements,
10 DEPARTMENT may remove such improvements at the expense of LESSEE
11 and bring an action for recovery of such costs, together with
12i , all expenses and attorney's fees incurred by reason of said
131:, action.
WE
151 4. LESSEE shall not install facilities for, nor operate on the land
16 below a viaduct structure, a gasoline supply station, nor shall
17 the transportation of gasoline or petroleum products be
18' permitted under the viaduct structures.
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20'! The premises will not be used for any storage of inflammable
21 II materials, explosives, or other materials or other purposes
22,, deemed by LESSOR to be a potential fire or other hazard to the
23I transportation facilities. The operation and maintenance of the
24 Lease premises shall be subject to regulations of LESSOR so as
II25 to protect against fire or other hazard impairing the use,
26 safety and appearance of the transportation facility. The
27 I occupancy and use of the area shall not be such as will permit
URT PAPER
TC OF CA LIf011N 1I. I _
I. I13 IREV. 8.>21
W J69
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hazardc —z or unreasonably objectionably smcke, fumes, vapors,
or any compensation in
or
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odors to rise above the grade lines of the transportation
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facility. LESSOR, through his agents or representatives and
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other city, county, State and Federal agencies, through their
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agents or representatives, shall at all times have the right to
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go upon and inspect the leased premises. Further, the LESSOR
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reserves the right to serve or to post thereon any notice
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required or permitted by law for protection of any right or
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interest of LESSOR.
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5. The leased area shall at all times be subject to such uses by
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DEPARTMENT as are necessary for highway purposes and DEPART=
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shall have the right to maintain' any highway facilities without
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interference by LESSEE.
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16 6. Upon termination of said Lease for any reason whatsoever,
1711 DEPARTMENT shall not be required to provide replacement lands
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Ti for facilities
or any compensation in
any manner
for
land or
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improvement or
for any damages of any
kind caused
by
said
20i termination.
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22I 7. LESSEE shall place no improvements, including landscaping, on
23 leased area except those included in the development plan
24 approved by the DEPARTMENT in writing, a copy of which is
25i; attached hereto. Any additional improvements shall only be
26 permitted with the written consent of the DEPARTMENT. All
27 I signs shall be subject to prior approval by the DEPARMENT.
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x uura.m.
�3 IMEV.
6• 721 i
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S. If it is determined by DEPARMMEiU that any special facilities
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are necessary for the safe and proper operation of the leased
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area in conjunction with highway uses, such facilities shall be
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constructed in a manner determined by DEPAIUVENT at the sole
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cost and expense of LESSEE.
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9. Prior to the award of any contract for the development of
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improvements on the leased area, the LESSEE shall cause to be
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obtained separate performance and labor and material bonds
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executed by an admitted surety insurer. Said performance bond
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shall be for the full amount of the .contract price, and the
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labor and material bond shall be in a sum equal to one half of
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the contract price.
14 it15 10. DEP=14ENT, its assigns or successors in interest, shall not be
16 I! liable for taxes or assessments of any nature whatsoever on the
17111 leased property.
19i 11. LESSEE shall not sublet or assign a Lease of the property
20'. without prior written consent of the department, and the
2111 concurrence of the Federal Highway Administration.
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12. LESSEE shall indemnify and hold harmless DEPARTIMNT and all
officers and employees thereof from any and all claims, suits,
or actions of every name, kind or description brought for or on
account of injury to or death of any person or damage to any
property resulting from the existence,.operation and maintenance
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of the property except for the.soTe willful act or omission or
sale negligence of the DEPARTMENT, its officers, or employees,
and reimburse DEPARTMENT for any other cost of expense incurred
by DEPARTMENT as a result of said Lease.
13. LESSEE shall take out and keep in force public liability
insurance and property damage insurance naming DEPARTMENT and
its officers and employees as an insured in the sum of One
Million ($1,000,000.00) Dollars for public liability insurance
and One Million ($1,000,000.00) dollars for property damage
insurance.
14. LESSEE shall be responsible for any liability imposed by law and
for any injury or death to any person or damage to property or
damages to the State Highway facilities resulting from the
maintenance of said leased property.
15. Notwithstanding any other provision in this Lease, nothing shall
be done on said leased property which in any whatsoever
would result in danger to the traveling public. The
determination of whether any improvement or proposed activity
shall endanger the safety of the traveling public shall be
determined by the DEPARTMENT, acting by and through its State
Highway Engineer at his sole discretion. LESSEE shall make
provisions necessary to protect users of its proposed facility
from any hazards resulting from use and operation of the highway
at the sole cost and expense of LESSEE.
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M PAPER
Of eeueo Rau
13 (REV, a.721
16. There shall be no access from the leased property to highway
facilities from said property. All access to said property
shall be provided by LESSEE by other means unless otherwise
provided by agreement in writing between DEPARTMENT and LESSEE.
17. The LESSEE, for himself, his personal representatives,
successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree "as a
covenant running with the land" that (1) no person, on the
ground of race, color, or national origin shall be excluded from
participation in, be denied the benefits of, or otherwise
subjected to discrimination in the use of said facilities, (2)
that in connection with the construction of any improvements on
said land and the furnishing of services thereon, no
discrimination shall be practiced in the selection of employees
and contractors, by contractors in the selection and retention
of first -tier subcontractors, and by first -tier subcontractors
in the selection and retention of second -tier subcontractors,
(3) that such discrimination shall not be practiced against the
public in the access to and use of the facilities and services
provided for public accommodations (such as eating, sleeping,
rest, recreation, and vehicle servicing) constructed or operated
(on, over, or under) the space of the right of way, and (4) that
the LESSEE shall use the land in compliance with all other
requirements imposed pursuant to Title 49, Code of Federal
Regulations, Part 21 (49 C.F.R., Part 21) and as said
Regulations may be amended. In the event of breach of any of
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)RT PAPER
re or Cc LIFORR1A
. 113 I REV. 8.72 �
4769
the above nondiscrimination covenants, the LESSOR shall have
the right of termination of this Lease, and to re -enter and
repossess said land and the facilities thereon, and hold the
same as if said Lease had never been made or issued.
18. Any and all notices or demands by or from DEPARTMENT to LESSEE
or LESSEE to DEPARTMENT shall be in writing. They shall be
served either personally or by mail; service shall be
conclusively deemed made at the time of service. If served by
certified mail, services shall be deemed made forty -eight (48)
hours after the deposit thereof in the United States mail,
postage prepaid, addressed to the party to whom such notice or
demand is to be given and the issuance of a receipt thereof.
Any notice or demand to DEPARTMENT may be given to DEPARTMENT at
P. O. Box 7791, San Francisco, California 94120 or at such other
place or places as shall be designated by DEPARTMENT from time
to time. Any notice or demand to LESSEE shall be given to
LESSEE at P. O. Box 949, Los Gatos, California 95030 or at such
other place as may be subsequently designated by LESSEE in
accordance with a written notice to DEPARTMENT.
19. LESSEE shall post the leased premises with a sign giving the
following notice:
(a) "This park has been developed for your convenience
by (LESSEE) under a Lease with the CALIFORNIA
DEPARTMENT OF TRANSPORTATION.
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T PAPER
OI GLI /011 New
I3 IPEV, B�1$1 !
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_ne Lease is subject to termims-ion if the property
is needed for State highway operating purposes ".
20. Time is expressly made the essence of this Lease.
21. The terms of this Lease may be amended at any time upon such
terns and conditions as shall be mutually agreed upon between
DEPARTMENT and LESSEE.
IN WITNESS WHEREOF, the undersigned have executed this Lease on the
16th day of March , 1988.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORATION
SOR
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LESSEE
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