2008-013-Authorizing The Town Manager To Execute An Agreement With Los Gatos Shopping Center And Five Dot Land And Cattle For A Fire And Emergency Access Easement On The Town's North Side Parking LotRESOLUTION 2008-013
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN'AGREEMENT WITH
LOS GATOS SHOPPING CENTER AND FIVE DOT LAND AND CATTLE FOR A FIRE
AND EMERGENCY ACCESS EASEMENT ON THE TOWN'S NORTH SIDE PARKING
LOT (BETWEEN HIGHWAY 9 AND ANDREWS STREET). (APN 529-07-060)
WHEREAS:
A. The property owners of Los Gatos Shopping Center submitted plans to upgrade
the exterior of the existing building and portions of the existing parking lot.
B. The Los Gatos Shopping Center is a prominent location in the Town and is in
need of a major remodel.
C. The area immediately east of the shopping center's rear property line, within the
Town's North Side Parking Lot, is a landscape strip approximately seven feet wide which is in
need of rehabilitation, and said area also contains pre-existing door openings, landings and
stairways serving the shopping center which are also in need of rehabilitation.
D. The uniform building code prohibits openings and emergency exits on a property
line. While the current condition is legal non-conforming, the planned improvements for the
shopping center would require that the openings. and emergency exits be brought into
conformance with the current code requirements, unless a fire and emergency access easement
can be developed with adjacent property owners, as has occurred in similar situations in order to
avoid costly and inefficient modifications to existing structures.
E. The property owner has requested approval of an agreement (attached and
incorporated herein as Exhibit "A" to this resolution) providing a ten foot fire and emergency
access easement on the Town's property (North Side Parking Lot) in order to upgrade the rear of
the shopping center and improve fire and emergency exits. The applicant would make
improvements within the easement which include new stairways, trash receptacles, landscaping
and lighting, the layout and placement of which will be approved by the Town.
F. The easement agreement would place a restriction on a ten foot strip of the
Town's land, which abuts the shopping center building, requiring it to remain clear of structures.
Currently only exit landings and stairways, lighting, and landscaping exist within the affected
area. The easement agreement would allow trash receptacles, improved stairways and .service
walkways, new trellis features, and improved landscaping and lighting, which will enhance the
interface between the two properties. The Town may still utilize the ten foot strip in any
appropriate manner which is not inconsistent with the fire and emergency access, stairways and
trash receptacles permitted by the easement agreement to serve the shopping center.
G. The easement and all other rights and privileges granted under the agreement will
terminate in the event that the shopping center buildings in existence at the time of the agreement
are removed for another development or are destroyed by fire or other calamity and not rebuilt
on the existing footprint of the buildings, as allowed by the Town's Zoning Code and Building
Code.
RESOLVED:
That the Town Manager is hereby authorized to execute an agreement in substantially the
form attached hereto and incorporated herein as Exhibit "A" hereto.
PASSED AND ADOPTED at a regular meeting of the Town Council held on February
19, 2008, by the following vote:
COUNCIL MEMBERS.:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor
Barbara Spector
NAYS: None
ABSENT:
ABSTAIN:
S ED:
MA ~ OF T TOWN F LOS GATOS
LOS GATO ,CALIFORNIA
ATTEST:
~~-.
C~.LER OF THE TOWN OF LOS GATOS
L S ATOS, CAL1F'ORNIA
Recording Requested by:
When Recorded, Mail to:
SPACE ABOVE 7'H1S LINE RESERVED FOR RECORDER'S USE
Fire and Emergency Access Easement Agreement
Preamble and Recitals
This agreement is entered into between Los Gatos Shopping Center LLC, a California Limited
Liability Company (hereinafter "Grantee 1 ") and Five Dot Land & Cattle Company, a California
Corporation (hereinafter "Grantee 2") and Town of Los Gatos (hereinafter "Town").
1. Grantee 1 and Grantee 2 own certain lands, commonly known as the "Los Gatos
Shopping Center"; the description of tllnse lands and the ownerships thereof are sot forth
below. (Sometimes below these two grantees are referred to collectively as "Grantees".)
2. Town is the owner of certain lands known as the "Northside Lot", situated within the
Town of Los Gatos; this parking area lies in part along the eastern boundary of the Los
Gatos Shopping Center.
Grantees propose certain improvements to the Shopping Center which is subject to the
Town's Planning Ordinances and Building Codes; application for architectural and site
review (Application No. 5-06-14 for both Grantees) is currently pending before the
Town.
4. The Shopping Center structure is legal non-conforming in terms of emergency exits and
exterior rear wall setback and construction of rear emergency exit hallways, under the
Town's current codes.
S. The area immediately east of the Shopping Center's rear yard lot line, within the
Northside Lot, is a 7+/- ft. landscape strip which is difficult for the Town to maintain and
in need of rehabilitation. This area also contains certain pre-existing door openings,
landings and stairways to serve the Shopping Center.
6. The Town generally supports the improvement of Los Gatos Shopping Center as part of
the Downtown, as well as desires the enhancement and maintenance of the landscape
strip within its Northside Lot.
EXHIBIT A
7. The Town is willing to grant a ten foot (10 ft.) easement area immediately adjacent to the
shopping center over its Northside Lot {the "Servient Tenement"), for the purpose of
what is commonly referred to as a "no building zone", specifically to be utilized by the
Los Gatos Shopping Center for improved fire and emergency access which includes
stairways as approved by the Town, as well as trash receptacles, the placement of which
will be approved by the Town with appropriate limitation on parking within the adjacent
public spaces.
8. The Town has no intention of developing any portion of the Northside Lot with
buildings; thus, the general character and use of its land shall remain the same as before
the grant of this easement, subject to certain improvements herein specified.
9. The easement shall run in favor of Grantee 1 and Grantee 2 ("Dominant Tenements"),
subject to certain conditions specified below. The Dominant Tenements are described
and specified as to parcels within the ownership of each Grantee in Exhibit A hereto, and `
shown and coded to parcels within the ownership of each Grantee on the Map attached as
Exhibit B hereto.
10. The easement is described and platted in Exhibit C hereto.
Now, therefore, in consideration of good planning to conform to current Zoning, Building and
Safety Codes, and enhancement of the interface between the rear of the Los Gatos Shopping
Center and the Town's parking area by new landscaping, in-igation, lighting and other features,
as well as maintenance by Grantees, the parties agree as follows:
Grant of Easement
1. Town hereby grants to Grantees as to their respective dominant tenements an easement,
on the terms and conditions set forth in this agreement.
Character of Easement
2. The easement granted in this Agreement is appurtenant to the Dominant Tenements,
commonly known as Los Gatos Shopping Center.
General Description of Easement
3. The easement granted by this Agreement is a restriction on a 10 ft. strip of the Town's
land (Exhibit C hereto), which abuts the Dominant Tenement to remain clear of structures
by the Town, which is the present character of the land, except certain minor structures at
specific locations which shall be specified in the Town's development permit for the
shopping center, but generally these structures include trash xeceptacles, stairways and
service walkways, trellis features, landscaping and lighting, all of which will enhance the
interface between the Northside Lot and Los Gatos Shopping'Center parcels and improve
the appearance of the Northside Lot's landscape strip within the 10 ft. easement area.
The structures serving emergency access trash receptacles maybe modifzed from time to
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time with the approval of the Town to meet any changes in emergency and fire code
requirements. Notwithstanding the above easement restrictions and rights granted herein,
the Town may utilize the 10 ft.
strip in any appropriate manner which is not inconsistent with the fire and emergency
access, stairways and trash receptacles permitted by this easement to serve the
shopping center.
Cooperation of the Parties
4. There are existing irrigation lines and landscaping within the Town's landscape strip
adjacent to the shopping center which are in need of removal and/or upgrade. The Town
and Grantees shall cooperate in tying new irrigation lines to the current water source
provided to the area by the Town. There shall be a separate irrigation system for the area
of landscaping immediately adjacent to the shopping center, which will not interfere with
the Town's overall system, serving the landscaping for the Northside Lot. Exhibit D
hereto shows the existing and proposed landscape plan for the area adjacent to the
shopping center. Grantees shall provide maintenance to the new landscaping to be
installed adjacent to the shopping center and within the easement as part of the overall
maintenance of the landscaping of the center.
Term of Easement
The easement and all other rights and privileges granted under this Agreement shall
terminate, in the event that the shopping center buildings in existence at the time of this
Agreement are removed for another development or are destroyed by fire or other
calamity and not rebuilt on the existing footprint of the buildings, as allowed by the
Town's Zoning Code and Building Code within the prescribed time limits there contained
for non-conforming structures. Further, the Town shall have the right to suspend. this
easement upon a specific finding of emergency to protect the public health and/or safety
of the citizens of the Town.
Indemnification
6. Grantees shall severally and individually hold harmless and indemnify the Town from
any liability arising from injury to persons or property arising from Grantees use of the
easement granted herein.
Assignability
7. This agreement runs with the land and shall be assignable to subsequent transferees of
Grantees.
Attorney Fees
8. If any legal action or proceeding arising out of or relating to this Agreement is brought by
either party to this Agreement, the prevailing party shall be entitled to receive from the
other party, in addition to any other relief That maybe .granted, the reasonable attorney
fees, costs and expenses incurred in the action or proceeding by the prevailing party.
Entire Agreement
9, This Agreement constitutes the entire agreement between Town and Grantees relating to
the above easement. It may be incorporated in the conditions of approval of the Town for
the pending development applications for the shopping center.
Applicable Law
10. This Agreement shall be interpreted under the laws of the State of California. Any action
filed regarding this Agreement shall be filed in the Superior Court of the County of Santa
Clara.
Recordation
11. This document shall be recorded in the Office of the Santa Clara County Recorder's
Office; and it contains the entire agreement between the parties.
Execution
This Agreement is executed on , 2008, and shall be recorded
promptly thereafter.
TOWN
Town Manager
Town of Los Gatos
GRANTEE 1
Los Gatos Shopping Center LLC
GRANTEE 2
Five Dot Land & Cattle Company
APPROVED AS TO FORM
Town Attorney
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