Item 15 Staff Report Adopt Resolution Authorizing the Town Manager to Execute Neighborhood Center Lease Agreements with Tenants for FY 1995-96COUNCIL AGENDA
DATE: 6-19-95
ITEM NO.
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: June 8, 1995
TO: MAYOR AND TOWIL
FROM: TOWN MANAGER
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE
NEIGHBORHOOD CENTER LEASE AGREEMENTS WITH TENANTS FOR FY 1995-96
RECOMMENDATION:
Adopt resolution authorizing the Town Manager to execute Neighborhood Center lease agreements with
tenants for FY 1995-96.
DISCUSSION:
Lease agreements are executed annually with the Neighborhood Center tenants in accordance with the
Council adopted fee ordinance. The fee ordinance requires tenants to pay a maintenance fee. The
$1.17/sq.ft./month fee is based on the prorated building operating cost.
For FY 1995-96, lease agreements have been prepared with: The Health Place, Family Service Association,
The Teen Counseling Center, Transit Assist, and the Downtown Association. The boilerplate agreement is
attached as Exhibit A to the resolution.
In addition to these tenant/landlord relationships, the Town also has a grantor/grantee relationship with the
agencies. Grant applicants include Neighborhood Center maintenance fees in budget requests. This system
has the advantage of providing a clean accounting method which clearly identifies the value of all contributions
to agencies. It also provides agencies with leverage when seeking matching grants. There are, however,
transaction costs associated with invoicing tenants, and processing and monitoring payments.
The table below lists each tenant, the number of square feet and rooms leased, the annual maintenance fee,
and the Town grant awarded to the agency.
PREPARED BY: Regina A. Falkne
Community Servi ' _,' ector
RAF:dr
CSD19:A:1cnclrpts1leasen.ctr
Attachment: Resolution
Distribution: See page 2 for distribution list
Reviewed by: Attorney Clerk Finance
COUNCIL ACTION/ACTION DIRECTED TO:
Revised: 6/8/95 1:31 pm
easurer
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE
NEIGHBORHOOD CENTER LEASE AGREEMENTS WITH TENANTS FOR FY 1995-96
DATE June 8, 1995
Annual
Square Feet Maintenance Fee Town Grant
Downtown Association 196 (Rm. 205) 2,760 1,380
Family Service Assoc. 424 (Rm. 3 & 6) 5,953 10,900
SJSU Health Place 137 (Rm. 7) 1,923 12,340
Teen Counseling Center 547 (Rm. 1 & 2) 7,680 30,550
Transit Assist 419 (Rm. 208) 5.883 5.490
TOTAL $24,199 $60,660
The SJSU Health Place leases Room 7 in the Neighborhood Center for administrative purposes.
Family Service Association (FSA) leases Rooms 3 and 6 in the Neighborhood Center. The Town's grant to
the agency ($11,700) covers a portion of the case management program including the lease of Room 6, only.
The agency uses Room 3 to house its "Senior Drop -In Center" and volunteers.
The Teen Counseling Center leases Rooms 1 and 2. The additional room allows the agency to separate
administrative and programming functions.
The grant to the Downtown Association is for six months. The Association intends to be financially
independent after December 31.
Although it is not anticipated that Transit Assist will be using the Neighborhood Center after mid -August, the
contract makes the room available for the Program. Lease Agreements can be terminated by either party
upon 30-days written notice.
ENVIRONMENTAL ASSESSMENTS:
This is not a project as defined under CEQA and no further action is required.
FISCAL IMPACT:
Fees paid by the tenants help to offset the costs of maintaining and operating the Neighborhood Center.
Revenues are credited to account 8020-48510; $24,200 is anticipated in FY 1995-96.
DISTRIBUTION:
San Jose State University Foundation, The Health Place
Family Service Association
The Teen Counseling Center
Transit Assist
Downtown Association
RESOLUTION 1995
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE
LEASE AGREEMENTS WITH TENANTS FOR FY 1995-96
BE IT RESOLVED by the Town Council of the Town of Los Gatos that the Town
Council authorize the Town Manager to execute: 1. lease agreements with tenants for FY 1995-96
under the terms and conditions stated in the lease agreement attached as Exhibit A and as specified
below; and, 2. future lease agreements with tenants so long as they conform to the adopted Town
budget.:
Annual
Tenant Square Feet Maintenance Fee
Health Place (SJSU) 137 Rm. 7 $ 1,923
Family Service Assoc. 424 Rms. 3 & 6 5,953
Teen Counseling Center 547 Rms. 1 & 2 7,680
Transit Assist 419 Rm. 208 5,883
Downtown Association 196 Rm. 205 $ 2,760
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 19th day of June, 1995, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:A:\RESOS\CS061995.t00
LEASE AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS
AND FIELD(1)
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 FIELD(1), a
nonprofit organization, hereinafter referred to as "TENANT" this 1st day of July, 1995.
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 Center for the purpose of FIELD(2); 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, RoomFIELD(3) of the Neighborhood Center, consisting of FIELD(4) square feet (
FIELD(5) sq.ft.) located at 208 E. Main Street, Los Gatos, Santa Clara County, California.
2. Term: The lease term shall commence on July 1, 1995, and extend through June
30, 1996, subject to the termination provisions set forth in this agreement.
Revised 7/26/91; 6-21-93; 8-8-94 Page 1 of 5
3. Maintenance Fee: The rent shall be FIELD(6) ($FIELD(7)) per month. Said rent
is calculated according to the estimated operational costs, One Dollar and Seventeen Cents ($1.17)
per square foot, multiplied by the square footage occupied by the TENANT for a total of FIELD(
8) ($FIELD(9)) for the lease year.
4. Possessory Property Tax: Pursuant to Revenue & Taxation Code section 107.6,
TENANT is hereby notified that the property interest created by their lease may be subject to
property taxation due to TENANT's possessory interest in the Center. In such an event,
TENANT is liable under this Lease for payment of such a property tax.
5. Use of Premises: TENANT shall use said premises only for the benefit of
FIELD(10) 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. Signs: 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 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. 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: The terms and conditions of this Lease are based
upon the unique and specific services to be offered by the TENANT and the TENANT' s record
of service in the community. TENANT shall neither assign this Lease, nor sublet the whole or
any part thereof, without the prior written consent of TOWN.
Revised 7/26/91; 6-21-93; 8-8-94 Page 2 of 5
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, nor 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. Property Insurance: TOWN may or may not choose to obtain property insurance
for the Center. However, TENANT is solely responsible for obtaining insurance to protect any
personal property that it may choose to place in the Center under this Lease, and the TOWN shall
not provide such insurance on this Lease.
15. 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.
16. 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.
Revised 7/26/91; 6-21-93; 8-8-94 Page 3 of 5
17. 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.
18. 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 Los Gatos TENANT
David W. Knapp, TOWN Manager FIELD(11)
P.O. Box 949 FIELD(12)
110 East Main Street FIELD(13)
Los Gatos, CA 95031 FIELD(14)
FIELD(15)
19. Scope of 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.
20. Disputes: In any dispute between the parties over this Agreement, the prevailing
party shall be entitled to costs and attorney's fees.
21. Equal Access and Opportunity: TENANT warrants that it shall comply with all
applicable regulations and laws governing equal access to its programs and equal employment
opportunity. Neither TENANT nor any of its officers, employees, volunteers, or agents shall
discriminate in the employment nor access to any of TENANT's programs because of race, color,
national origin, ancestry, physical or mental disability, marital status, sex, sexual orientation, or
age unless based on a bona fide occupational qualification defined under the California Fair
Employment and Housing Act.
IN WITNESS WHEREOF, the parties have executed this Lease this day of
, 1995.
FIELD(16)
FIELD(17)
FIELD(18)
Revised 7/26/91; 6-21-93; 8-8-94 Page 4 of 5
TOWN OF LOS GATOS
David W. Knapp, Town Manager
APPROVED AS TO FORM:
Larry E. Anderson, Town Attorney
ATTESTED TO:
Marian V. Cosgrove, Town Clerk
CSD01: A:1CONTRACT\LEASAGR. MRG
Revised 7/26/91; 6-21-93; 8-8-94 Page 5 of 5
INTERNAL TRACKING
COMPLETE AND INITIAL EACH STEP
ACTION
AGENDA ITEM:
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DATE �ilY
LIST IN BOOK
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ON DISC? MARIAN'S FORM SENT TO DEPT.
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PUBLISH IF REQUIRED - Indicate date of
ORDINANCES ONLY Publication.
/
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
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SEND COPIES TO DEPT. DISTRIBUTION LIST
Dist. Report Date: NO.of COPIES:
TYPE ENVELOPES AND MAIL
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILEPOSTED
PUT OUR /s/ COPY IN BASKET.
FILE IN VAULT
SEND FOR CODIFICATION IF ORDINANCE !
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OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
Date of Adopt:
COMM. SERVICES
06/19/95
15
NEIGHBORHOOD CENTER
RESOLUTION ORDINANCE
1995-74 Number:
06/19/95 Date of Intro:
Date of Adopt:
ZONE CHANGE:
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ALL
COUNCIL MEMBERS NAMES:
Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor(or Chairman) PATRICK O'LAUGHLIN
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
RESOLUTION 1995 - 74
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE
LEASE AGREEMENTS WITH TENANTS FOR FY 1995-96
BE IT RESOLVED by the Town Council of the Town of Los Gatos that the Town
Council authorize the Town Manager to execute: 1. lease agreements with tenants for FY 1995-96
under the terms and conditions stated in the lease agreement attached as Exhibit A and as specified
below; and, 2. future lease agreements with tenants so long as they conform to the adopted Town
budget.:
Annual
Tenant Square Feet Maintenance Fee
Health Place (SJSU) 137 Rm. 7 $ 1,923
Family Service Assoc. 424 Rms. 3 & 6 5,953
Teen Counseling Center 547 Rms. 1 & 2 7,680
Transit Assist 419 Rm. 208 5,883
Downtown Association 196 Rm. 205 $ 2,760
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 19th day of June, 1995, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin
NAYS: None.
ABSENT: None.
ABSTAIN: None.
SIGNED: /s/ Patrick O'Laughlin
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:A: \RESOS\CS061995. r74
June 19, 199
Los Gatos, Californi
TREASURER'S REPORT (08.V)
Informational report submitted by the Treasurer to the Council as of April 30, 1995 was received
and filed.
UTILITY USERS TAX/SPECIAL ELECTION (09.22)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council accept and file report and
letter from the Santa Clara County Registrar of Voters establishing the costs of elections to be
held November 7, 1995 and March 26, 1996. Carried unanimously.
REDEVELOPMENT/DOWNTOWN BEAUTIFICATION PROGRAM (10.33)
This report was incorporated into Agenda Item 7B.
TEMPORARY CLASSIFICATION TABLE/RESOLUTION 1995-70 (11.10)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-70
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE TEMPORARY
CLASSIFICATION TABLE, which includes amendment as noted in the desk item. Carried
unanimously.
ANIMAL CONTROL SERVICES/HUMANE SOCIETY/RESOLUTION 1995-71 (12.28)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-71
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN EXTENSION OF AGREEMENT WITH THE HUMANE SOCIETY OF
SANTA CLARA VALLEYFOR PROVIDING ANIMAL CONTROL SERVICES TO THE FIVE
WEST VALLEY CITIES. Carried unanimously.
BELGATOS PLAYGROUND/PROJECT 475PBELL/RESOLUTION 1995-72 (13.26)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-72
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK FOR
BELGATOS PLAYGROUND PROJECT 475PBELL. Carried unanimously.
COPIER/RICOH-FT5570-DUPLICATOR/RESOLUTION 1995-73 (14.28)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-73
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER
TO PURCHASE A REFURBISHED RICOH-FT5570 DUPLICATOR FOR $4,983.36,as shown
in the desk item. Carried unanimously.
NEIGHBORHOOD CENTER/LEASE AGREEMENTS/TENANTS/RESOLUTION 1995-74 (15.44)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-74
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGERTO EXECUTE LEASE AGREEMENTS WITH TENANTS FOR FY 1995-96. Carried
unanimously.
WORKERS' COMPENSATION EXCESS INSURANCE/RESOLUTION 1995-75 (16.12)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-75
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN AN AGREEMENT WITH LOCAL AGENCY WORKERS'
COMPENSATION EXCESS JOINT POWERS AUTHORITY (LAWCX) FOR EXCESS
WORKERS' COMPENSATION EXCESS INSURANCE. Carried unanimously.
TC:D7:MM061995
3