Attachment 1 - NUMU 1st AmendmentATTACHMENT 1
DocuSign Envelope ID: DCBEC27D-1879-4FD3-9F3F-D29598E8EA6F 3.RENT and MONETARY and PERFORMANCE" OBLIGATIONS.3.1 Base Rent. The rent to be paid by Lessee shall be in the amount of twenty-five thousanddollars ($25,000.00) per year payable in monthly installments of$ 2,083.33.32 Payment Date. Rent shall be payable on the first day of each month commencing on July1, 2020 and thereafter during the term of the Lease and any Lease extension at Town HallFinance Deparbnent.Prior to the extension of the Lease under the Option Periods of this Lease, Paragraph 2.2, ifan option is C?Xercised, the Town reserves the right to review the accounts and financialrecords of the Lessee and open negotiations for an adjustment in rent or performanceobligations under Paragargh 3.6.3.6 Lessee Programs & Services to Town Residents & Non-Profit Organi7.8tions. Lesseeshall provide 1he following services end programs to Los Gatos Residents: 1.Free musemn admission t.o art and histmy exhibitions, opening receptions, and selectevents and programs.2.Priority Registration/ Admission for select programs and events.3.Facility Rental Discounts (meetings, private events, fundnrisers).a.10 % discount fur private rentals.b.15 % discount for non-profits rentals.4.Curate and install one Art in the Council Chambers exhibition.5.Curate one Council Chambers display case per year.6.Support Arts & Culture Commission in efforts to fund public projects through fiscalagency and curatorial support.7.Support Los Gatos Town Events at request of organizers, based upon Musemncapacity and resow-ces.8.Host GBAO/Los Gat.os Art Association biennial exhibition ( excludes solicitingexhtl>ition sponsors, exhtl>iti.on installation and and deinstallation exhtl>iti.onmanagement).9.Continue to source funding and volunteer support fur Los Gatos History Project(archiving collection, programming).3.7 Annual Statements. On or before September 1, of each calendar year, beginning in 2021, Lessee shall furnish to the Town a statement (the "Annual Report"), setting forth in reasonable detail a listed of completed or in progress milestones ; attendance report (residents and non-residents) ; the current budget; a financial statement(revenues, expenses and endowment) for the prior year; provide a collections management report and a listing of the Lessee's Board ofDirectors. 3.8 Books and Records. Lessee shall keep and maintains full, complete and appropriate books, records and accounts relating to the Premises, including all such books, records and 2
DocuSign Envelope ID: DCBEC27D-1879-4FD3-9F3F-D29598E8EA6F
accounts necessary or prudent to evidence and substantiate in full all revenues and expenses incmred in the performance of this Agreement. All such books, records and accounts shall be open to and available for inspection by the Town, its auditors or other authorized representatives at reasonable intervals during normal business hours.
3.9 Sponsorship. Lessee acknowledge Town as a major sponsor on all press releases and other written materials available to the public. Such acknowledgement will substantially read: ''Major :funding for this program is made posSI"ble in part by the Town of Los Gatos." Said language will be in proportional type size to the total advertisement area.
5.USE OF PREMISES and OPERATING HOURS.
5.1. 2 4,335 sqQare feet of space on the upper level and 6295 square feet of space on thelower level of the old Town of Los Gatos Library located at 106 E. Main Street, LosGatos, CA, as shown on Exhibit A and Exhibit B. Exhibit B is detailed plan of the newconfiguration on the lower level. The Town will be responsible for all costs associated withthe new configuration on the lower level.
5.2 Hours of Operations.
5.2. 1 Public Hours. Public hours shall not exceed Monday through Sunday :from 9: 00 AM.to 9: 0 P.M. Additional hours are allowed for special events, programs, private eventsreceptions, and Board /Committee meetings so long as no Town meeting or event isscheduled. The Premises shall be open to the public a minimum of25 hours perw� unlessLessee is in the process of changing exlnmts.
5.5 Parking. Lessee shall be obligated to purchase Olive Zone parlring pennits annually fromTown for all Lessee employees and shared parking permits for volunteers worlcing 20 hoursor more during weekdays. Lessee' s employees and volunteers will comply with �e sameparking requirements consistent with Town employees.
5.7 Use of Alcohol. Any use of alcohol will be subject to approval and conditions containedin any Conditional Use Permit obtained by Lessee. If any use of alcohol requires additionalregulatory pennits, including an ABC license, Lessee shall be responsible for obtaining suchpermit, paying all associated costs, and notifying Town in writing of receipt of such permit.
7.UTILITIES AND OPERATING EXPENSES.
7.1 Lessee Obli.!ations. Town is responsible for all expenses associated with the furnishingof gas, water, sewer, electricity, garbage pickup and disposal that relate to the Premises.Lessee shall be obligated to pay their own direct costs for telephone, technology, audiovisual, custodial and other specialized services, including any initial costs for those services.Town shall maintain all exterior landscaping and integrated building HV AC system.
7.2 Past Utilities Due. Lessee ac.k:nowledges that pursuant to the terms of the Lease before this Amendment, that there is due and owing to the Town the sum$ $24,417.58 for utilities and operating expenses under this Paragraph. If Lessee performs satisfactorily pursuant to
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DocuSign Envelope ID: DCBEC27D-1879-4FD3-9F3F-D29598E8EA6F
the Agreement and this Amendment, Town Co� in its own and sole discretion, shall consider, prior to July 2022, whether to waive the amount past due. Until such time as
Council makes adetennination, no amount shall be due :from the� to the Town for the above referenced amount
All other terms and conditions of the Agreement remain in full force and effect
IN WITNESS WHEREOF, the TOWN and LOS GATOS MUSEUM ASSOCATION have executed this.Amendment
TOWN OF LOS GATOS
DocuSigned by:
By: �. Pn»tlliLawcl��iw..-------Town Manager
APPROVED AS TO FORM:
Town Attorney
LOS GATOS MUSEUM ASSOCATION �-� By:����
ureen n-avey
Executive Director·