Item 19 Staff Report Adopt Resolution Regarding Neighborhood Center Lease AgreementsTOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: January 28, 1992
TO: MAYOR AND TOWS COUNCIL
FROM: TOWN MANAGER
SUBJECT:
COUNCIL AGENDA
DATE: 2-3-92
ITEM NO. far
ADOPT RESOLUTION REGARDING NEIGHBORHOOD CENTER LEASE AGREEMENTS:
1) RATIFY LEASE AGREEMENTS BETWEEN THE TOWN AND TENANTS; AND, 2)
AUTHORIZE THE TOWN MANAGER TO EXECUTE LEASE AGREEMENTS WITH
TENANTS FOR FY 1992-93
RECOMMENDATION:
Adopt the attached resolution: 1) ratifying lease agreements between the Town and the Los Gatos Downtown
Neighborhood Center tenants; and, 2) authorizing the Town Manager to execute lease agreements with the
same tenants for FY 1992-93.
DISCUSSION:
Lease agreements are executed annually with tenants of the Neighborhood Center. For FY 1991-92, lease
agreements have been executed with: San Jose State University Foundation, Senior Coordinating Council,
and Teen Counseling Center.
Procedures for executing lease agreements have recently been clarified. As a result, all future agreements
will be presented to Council for consideration prior to execution. To this end, the attached resolution also
authorizes the Town Manager to execute lease agreements with the same tenants for FY 1992-93. The
boilerplate agreement is attached as Exhibit D.
FISCAL IMPACT:
Fees paid by the tenants help to offset the costs of maintaining and operating the Neighborhood Center.
Revenues are credited to account 010-900-4430; $17,050 is anticipated for the year.
ATTACHMENT:
1. Draft Resolution
DISTRIBUTION:
San Jose State University Foundation, The Health Place
Senior Coordinating Council
The Teen Counseling Center
PREPARED BY: Regina A. Falk
Community Ss Director
RAF:dr 1/28/92 1:22 pm
CSD05:A:\CNCLRPTS\LEASEN.CTR File #
Reviewed by: <J2 Attorney Jerk \fi finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
ATTACHMENT 1
RESOLUTION
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:A:\RESOS\CS020392:R01
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:
NAYES:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
CSDOB:A:\RESOS\CS020392:R01
EXHIBIT A
TOWN CLERK
AGR:
cif tip:
REC:
EI :
LEASE AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS
AND THE SAN JOSE STATE UNIVERSITY 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 LACE, a nonprofit
organization, hereinafter referred to as 'TENANT' this SQlay of f , 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 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. Leasing: 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.
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 one hundred sixty dollars and twenty-
nine cents ($160.29) per month. Said rent is calculated according to the estimated
operational costs, one dollar and seventeen cents ($1.17) per ivare foot, multiplied by
the square footage occupied by the TENANT for a total of one thousand six hundred forty-
four dollars ($1,923.48) for the lease year.
4. Photocopying: 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. Use of Premises: TENANT shall use said premises only for the benefit of
providing nursing 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. Signs: TENANT shall not place or permit to be placed in, upon, about or
outside of said premises or any part of the :Juilding 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: TENANT shall neither assign this Lease, nor
sublet the whole or any part thereof, without the prior written consent of TOWN.
10. Utilities: TOWN shall pay for all utilities including, but not limited to, water,
gas, electricity, and garbage removal.
Revised 7/26/91
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.
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:
Revised 7/26/91
Page 3 of 4
TOWN of Los Gatos
David W. Knapp, Town Manager
P.O. Box 949
110 East Main Street
Los Gatos, CA 95031
Tenant
Dr. Phyllis Connoly, Coord.
San Jose State University Foundation
The Health Place
P.O. Box 720-130
San Jose, CA 95172-0130
18. 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.
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 n1,, , 1922/
APPROVED AS-TQ FORM:
SAN JO
TATE U ; SITY FOUNDATION
S. Kent Gibson, Executive Director
,
Katherine Anderton, Town Attorney
Al 1ESTED TO:
L Ca, tk 6-41-.) (,) C--46410-Z711-
arian V. Cosgrove, Town'. lerk
CSDO1: A: \CONTRACT\SANJOSE.LSE
Revised 7/26/91
OWN
GATOS
avid W. Knapp, . Manager
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. 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. 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
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
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.
E. ACCEPTABILITY OF INSURERS
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.
CSD04:A:\contract\EXHIBITS.ADE
EXHIBIT B
WN CLERIC
AGR:
H
R EG'
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 I}uCi u T , 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 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-nine dollars and
forty-two cents ($849.42) per month. Said rent is calculated according to the estimated
operational costs, One Dollar any: 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. Photocopying: 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. Use of Premises: TENANT shall use said premises only for the benefit of
low and moderate income senior 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. 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: TENANT shall neither assign this Lease, nor
sublet the whole or any part thereof, without the prior written consent of TOWN.
10. Utilities: TOWN shall pay for all utilities including, but not limited to, water,
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. 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.
Revised 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 Los Gatos Tenant
David W. Knapp, Town Manager
P.O. Box 949
110 East Main Street
Los Gatos, CA 95031
Donna Lynd, Executive Director
Senior Coordinating Council
208 East Main Street
Los Gatos, CA 95032
18. 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.
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
/f t day of , 19V/.
APPROVED TO FORM:
Ka`erine Anderton, Town Attorney
A'1"1ESTED
Ma 'a . P.s: .ve, Town Cferk
CSD01:A: \CONTRACT\SENCORD.LSE
Revised 7/26/91
COORDINATIN . OUNCIL
a Lynd, Exe ive `!' recto
WN F LOS GATOS
Le)
avi W. Knapp, To anager
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. 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. 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
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
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.
E. ACCEPTABILITY OF INSURERS
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.
Revised 7/23/91
CS004:A:\contract\EXHIBITS.ADE
EXHIBIT C
TOWN CLERK
AGIT 9/ S%
4
IHH: 1o,Lg
REC'
/1/5/!/
BID'
LEASE AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS
AND 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 ' I 1 day of lB , 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 Center 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. Leasing: 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. 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 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 f,,ot, multiplied by
the square footage occupied by the TENANT for a total of three thousand four hundred
thirty-nine dollars and eighty cents ($3,439.80) for the lease year.
4. Photocopying: 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. Use of Premises: TENANT shall use said premises only for the benefit of
providing k f counseling and related outreach services to adolescents and their families
who are Los Ga esidents, and in connection therewith, shall comply with all
governmental law 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. Signa: 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: 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
Page 2 of 4
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 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.
Revised 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 Los Gatos Tenant
David W. Knapp
Town Manager
110 East Main Street
P. O. Box 949
Los Gatos, CA 95031
Rebecca Pitts -Giordano
Executive Director
The Teen Counseling Center
208 East Main Street
Los Gatos, CA 95032
18. 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.
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 (37Z.
APPROVED AS TO FORM:
alerine Anderton, Town Attorney
ATTESTED TO:,
Ma i n'V/. ve,Town Clerk
C S D01: A. \C O NT RACT\T e e n Co u n. LS E
Revised 7/26/91
THE TEEN COUNSE
WE S?i1 VALLEY
n
ebecca 13itts-Giordano
Executive Director
Jd\.°
G CENTER OF
TOWN SOS GATOS
�t Lc)
avid W. Knapp, Town Maiager
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. 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. 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
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
state that coverage shall not be suspended, voided, cancelled by
either party, reduced in coverage or in limits except after thirty
return receipt
(30 days' prior written notice by certified mail,
requested, has been given to the Town.
E. ACCEPTABILITY OF INSURERS
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.
Revised 7/23/91
CSD04:A:\contrict\EXHIBITS.ADE
EXHIiIT 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.
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
; 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.
Revised 7/26/91
Page 1 of 4
2. Term: The lease term shall commence on July 1, 1992 and extend 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. Photocopying: 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. Use of Premises: TENANT 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. 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: TENANT shall neither assign this Lease, nor
sublet the whole or any part thereof, without the prior written consent of TOWN.
10. Utilities: TOWN shall pay for all utilities including, but not limited to, water,
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. 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.
Revised 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 Los Gatos Tenant
David W. Knap- "own Manager
P.O. Box 949
110 East Main street
Los Gatos, CA 95031
18. Scope 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
APPROVED AS TO FORM:
Katherine Anderton, Town Attorney
A 1'thSTED TO:
Marian V. Cosgrove, Town Clerk
CSDo1:A:\CONTRACT\SENCORD. LSE
Revised 7/26/91
tenant
name title
TOWN OF LOS GATOS
David W. Knapp, Town Manager
Page 4 of 4
RESOLUTION 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.
CSD08:A:\RESOS\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:
/s/ Eric D. Carlson
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:A:\RESOS\CS020392:R12
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
EXHIBIT A
•
RaC.
E{J'
LEASE AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS
AND THE SAN JOSE STATE UNIVERSITY 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 'TENANT' this S2iaay of ,w 4 , 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 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. Leasing: 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.
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 one hundred sixty dollars and twenty-
nine cents (S160.29) per month. Said rent is calculated according to the estimated
operational costs, one dollar and seventeen cents (S1.17) per luare foot, multiplied by
the square footage occupied by the TENANT for a total of one thousand six hundred forty-
four dollars (S1,923.48) for the lease year.
4. Photocopying: 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. Use 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. 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: TENANT shall neither assign this Lease, nor
sublet the whole or any part thereof, without the prior written consent of TOWN.
10. Utilities: TOWN shall pay for all utilities including, but not limited to, water,
gas, electricity, and garbage removal.
Revised 7/26/91
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.
i 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 Los Gat
David W. Knapp, T n Manager
P.O. Box 949
110 East Main Street
Los Gatos, CA 95031
Tenant
Dr. Phyllis Connoly, Coord.
San Jose State University Foundation
The Health Place
P.O. Box 720-130
San Jose, CA 95172-0130
18. 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.
19. Disputes: In any dispute between the parties over this Agreement,
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 , 192g
APPROVED
FORM:
SAN JO
TATE �_:M► SITY FOUNDATION
S. Kent Gibson, Executive Director
Katherine Anderton, Attorney
own
ATTESTED TO:1
K
Lea, t, .1,a)-v�--
N.2 V. Cosgrove, Town Jerk
CSDOt:A:\CONTRACT\' JOSE.LSE
Revised 7/26/91
OWN
GATOS
avid W. Knapp, Manager
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. 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. 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
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 INSURERS
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.
CS004:A:\contract\EXHISITS.AOE
.l
EXHIBIT B
TOWN CLERK
AGR:
IHH:_-9/G 14
R EG:
610:
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 /5sfriL day of 4uCi u ..77 , 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 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-nine dollars and
forty-two cents (5849.42) per month. Said rent is calculated according to the estimated
operational costs, One Dollar an:: Seventeen Cents (51.17) 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. Photocopying: 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. Use of Premises: TENANT shall use said premises only for the benefit of
low and moderate income iior 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. 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: TENANT shall neither assign this Lease, nor
sublet the whole or any part thereof, without the prior written consent of TOWN.
10. Utilities: TOWN shall pay for all utilities including, but not limited to, water,
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. 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.
Revised 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 Los Gatog
David W. Knapp, Town Manager
P.O. Box 949
110 East Main Street
Los Gatos, CA 95031
Tenant
Donna Lynd, Executive Director
Senior Coordinating Council
208 East Main Street
Los Gatos, CA 95032
18. Scoye 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.
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
gek day of , 19.
APPROVED . TO FORM:
Ka erine Anderton, Town Attorney
A I"IhSTED -•
- 4 41 dingy L.
MaIiari V. ••s.. •ve, Town Clerk
CSDO1:A \CONTRACT\SENCORD. LSE
Revised 7/26/91
SENIOR COORDINATIN . OUNCIL
recto
WN F LOS G TOS,,,)
avt
Page 4 of 4
Knapp, To anager
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
A.
such insurance shall be borne by the Contractor.
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
("occurrence" form CG
Office
0001).
Commercial General Liability
2. Insurance Services Office form number CA 0001 (Ed 1/78)
coverage
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 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, employee ld voluntee:_s; c 3 Contractor
shall proc�_•e a bond ;uaranteeing ayment 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 complete^ operations of the Contractor, premises
med, occupied or u. by the Contractor, or automc- les
odned, lease hired 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
all not affect coverage provided to the Town, its offi_ _s,
.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 `',at coverage shall not be suspended, voided, cancell by
either party, reduced in coverage or in limits except after t:._rty
(30 days' prior written notice by certified mail, return receipt
requested, has been given to the Town.
E. ACCEPTABILITY OF INSURERS
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.
Revised 7/23/91
CS004:A:\contract\EXMISITS.AOE
EXHIBIT C
Tvof N L_ERK
AGR: UjS7
1HH:_Q,IS
REG'
BID'
LEASE AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS
AND 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 organisation, hereinafter
referred to as 'TENANT' this 4,1 day of /70,/t1./A) , 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 Center 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. Leasing: 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.
Revs ed 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 two hundred eighty-six dollars and sixty-
five cents (S286.65) per month. Said rent is calculated according to the estimated
operational costs, one dollar and seventeen cents (S1.17) per square Lot, multiplied by
the square footage occupied by the TENANT for a total of three thousand four hundred
thirty-nine dollars and eighty cents (S3,439.80) for the lease year.
4. Photocopying: 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. Use of Premiseg: TENANT shall use said premises only for the benefit of
providing 14f counseling and related outreach services to adolescents and their families
who are \ Los Gawresidents, and in connection therewith, shall comply with all
r'ti�naRi Li
governmental la 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. I11egality 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: TENANT shall neither assign this Lease, nor
sublet the whole or any part thereof, without the prior written consent of TOWN.
Revised 7/15/91
Page 2 of 4
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 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.
Revised 7/2,5/91
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:
Tenant
Rebecca Pitts -Giordano
Executive Director
The Teen Counseling Center
208 East Main Street
Los Gatos, CA 95032
TOWN of Los Quo
David W. Knapp
Town Manager
110 East Main Street
P. O. Box 949
Los Gatos, CA 95031
18. 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
parry 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
V4/day of �� ��� , 19 .
APPROVED AS TO FORM:
Eerine An erton,own Attorney
ATTESTED TOE
L'4 14,4
Manan �Q ve, Town Clerk
CSD01 *.\CONTRACT1TNnCoun.LSE
THE TEEN COUNSENTER OF
?ZZETL/L
it,
ebecca itts-Giordano
Executive Director
Revised 7/26/91
TOWN O LOS GATOS
avid W. Knapp, Town MaT.ager
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 INSURANCZ
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 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 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
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 t"ie 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 tha- coverage shall not be suspended, voided, cancelled by
either par=y, reduced in coverage or in limits except after thirt;
(30 days' prior written notice by certified mail, return receipt
requested, has been given to the Town.
E. ACCE LABILITY OF INSURERS
Insurance is to be placed with insurers with a Best's rating of no Less
than A:VII.
F VERIFICATION OF COVERAGZ
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 :cork
commences. The Town reserves the right to require complete, certified
copies of all required insurance policies, at any time.
Revised 7/23/91
CSQG4:A:\consracs\EXHISITS.AOE
EXHIBIT 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.
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
; 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.
Revised 7/26/91
Page 1 of 4
2. Term: The lease term shall commence on July 1, 1992 and extend 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. Photocopying: 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. Use of Premises: TENANT 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. 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: TENANT shall neither assign this Lease, nor
sublet the whole or any part thereof, without the prior written consent of TOWN.
10. Utilities: TOWN shall pay for all utilities including, but not limited to, water,
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. 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.
Revised 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 Los Gatoi Tenant
David W. Knap :own Manager
P.O. Box 949
110 East Main Street
Los Gatos, CA 95031
18. Scope 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
APPROVED AS TO FORM:
Katherine Anderton, Town Attorney
ATTESTED TO:
Marian V. Cosgrove, Town Clerk
CSDO 1:A: \CONTRACT\SENCORD. LSE
Revised 7/26/91
tenant
name title
TOWN OF LOS GATOS
David W. Knapp, Town Manager
Page 4 of 4
INTERNAL TRACKING
COMPLETE AND INITIAL EACH STEP
G
AGENDA ITEM: DESCRIPTION: DATE
RESOLUTION/ORDINANCE NUMBER:
LIST IN BOOK
�J iGMIJu% �V
ON DISC? MARIAN'S FORM SENT TO DEPT.
PUBLISH IF REQUIRED - Indicate P 1 a date of
ORDINANCES ONLY
n.
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
SEND COPIES TO DEPT. DISTRIBUTION LIST
Dist. Report Date:
NO.of COPIES: OD
TYPE ENVELOPES AND MAIL Tt�
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
PUT OUR /s/ COPY IN BASKET.
FILE IN VAULT
clk:d8:\other\ordres2
606
SEND FOR CODIFICATION IF ORDINANCE
276
POST
`ate-4
13
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM: %
-nelj/6
SUBJECT: C L
Number:
Date of Adopt:
OFFICE OF THE TOWN CLERK oar % 2
ORDINANCES & RESOLUTIONS
RESOLUTION
— /82
c)? zi
COUNCIL ACTION:
AYES: (10n)
NAYS:
ABSENT:
ABSTAIN:
de„,z(
Number:
Date of Intro:
Date of Adopt:
ZONE CHANGE:
ORDINANCE
COUNCIL MEMBERS NAMES:
Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura
Mayor(or Chairman) Eric D. Carlson,
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
CLK: D8:\OTHER\ORDRES
February . .
Los Gatos, California
9212 PROJECT/RETAINING WALL/WINCHESTER BLVD/TRAFFIC AUTHORITY/SCC (18.35)
RESOLUTION 1992-11
Motion by Mr. Blanton, seconded by MOFLOS GATOS AUTHORIZING THE
rEXECUTIONentitled, RESOLUTION OF THE TOWN AUTHORITY FOR
OF AN AGREEMENT WITH THE SANTA CLARA COUNTY TRAFFIC
THE ADMINISTRATION OF THE WINCHESTER BOULEVARD RETAINING WALL. Carried
by a vote of 4 ayes. Mr. Ventura absent.
NEIGHBORHOOD CENTER/LEASE AGREEM NTS/199hat /Co Council P ON 190 -12 (19.44)
Motion by Mr. Blanton, seconded by
992-12
entitled, RESOLUTION OF THE TOWN BETWEEN LOS S THE TOWN AUTHORIZING
AND THE
RATIFICATION OF THE LEASE AGREEMENTS
NEIGHBORHOOD CENTER TENANTS HTDNA�S FORING FY 199 93.00a Carried a MANAGER
of
EXECUTE LEASE AGREEMENTS
4 ayes. Mr. Ventura absent.
LOS GATOS CREEK TRAIL/HABITAT CONSERVATION FUND GRANT (20.27)
WILDLIFE PROTECTION ACT OF 1990/RESOLUTION 19Council adopt Resolution 1992-13
-13
Motion by Mr. Blanton, seconded by Mr. Attaway, that
entitled, RESOLUTION OF THE TOWNS RQM THE B AUTHORIZING CS OVA ON FUND
MANAGER TO APPLY FOR GRANT FUND ACT
GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFEvote
P4RO sE TION tuna OFab1990
FOR THE LOS GATOS CREEK TRAIL by
SANTA CRUZ AVE N 337/LEXINGTON HOUSE/CHIMBLIS/RESTAURANT USE PERMIT
RESOLUTION 1992-14 (21.09)t Resolution
Motion by Mr. Blanton, seconded by Mr. AtY, that Council GATOS DENYINGpAN APPEAL OF9AND
entitled, RESOLUTION OF THE TOWN OF LOS
MODIFYING CONDITIONS OF A DECISI�LOFVFTH Y PLANNING
I COMMISSION ADDITION
APPROVING A REOUEST TO DEMOLISH AN
TO A RESTAURANT, TO CONSTRUCT A NEW ADDITION AND TO OPERATE which
RESTAURANT WITH OUTDOOR SEATING
ON Pat its ROPERTY
TY IJanuary NTHE
HH21C, - ZONCarried byh
incorporates the Council findings and decision
a vote of 4 ayes. Mr. Ventura absent.
WEEDS/A PUBLIC NUISANCE/ABATEMENT PROCED URESt C RE cilaU pONt 19991uti 5 (12. 2 )
Motion by Mr. Blanton, seconded by Mr. Attaway, t
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING
MarchEE2A1PUBLIC
ISAN E AND PR VIDIN F R THEIR ABATEMENT
as a
public hearing date for this annual program. Carried by a vote of 4 ayes. Mr. Ventura absent.
HISTORIC STRUCTURES/DEMOLITION REQa aREMENTS ORDIncil opt OrdiNCE 1887 7e( 3. 7entitled,
Motion by Mr. Blanton, seconded by Mr. Attaway,
that ORDINANCE OF THE TOWN • F LO GAT I AMENDIN RE HE T I FIN
R D, MR NANCE
N ERNING THE RE 1 I' MENT F I R TR CTURAL
LITION
OF AN HISTORIC STRU RE• which incorporates the Council findings and decision at its
meeting of January 21, 1992. Carried by a vote of 4 ayes. Mr. Ventura absent.
3
TC: D3: MM020392
1
.