1996-029-Execute An Agreement With Summerhill Vasona LTD. To Place A Directional Sign In The Public Open Space On The Corner Of Roberts Road And Blossom Hill Road In Los GatosRESOLUTION NO. 1996 -29
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AGREEMENT WITH SUMMERHILL VASONA LTD.
TO PLACE A DIRECTIONAL SIGN IN THE PUBLIC OPEN SPACE
ON THE CORNER OF ROBERTS ROAD AND BLOSSOM HILL ROAD
IN LOS GATOS, CALIFORNIA
WHEREAS, SummerHill Vasona Ltd., a California limited partnership existing
under the laws of the State of California(hereinafter SummerHill), is the successor in interest to
the original subdivider of the housing development now known as Los Gatos Glen (Tract No.
:1
WHEREAS, as part of that project, certain areas of the subdivision were dedicated
to the Town for use as open space, which the Town accepted at the Time that the final subdivision
map was recorded.
WHEREAS, the open space in question lies directly across the front of the project
and screens the project from public view from Blossom Hill Road, which is the closest arterial
to the project, and which would have been directly adjacent to the subdivision if the dedication
had not occurred in its current time sequence.
WHEREAS, under the Town Code, a housing developer is entitled to erect one sign
to let people know of the development; however, SummerHill has no viable location to erect such
a sign because of the dedications made to public use.
WHEREAS, in consideration and recognition of the terms ans conditions of this
Lease Agreeement and the dedication of land made to the public under this project, the Town is
willing to allow a portion of dedicated land to be used for a project sign for a short period of time.
WHEREAS, SummerHill and the Town recognize that this is a highly unusual
situation and the execution of this lease agreement should not and shall not be recognized as any
precedent for allowing any sign in public- rights -of -way or property.
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town of Los Gatos enter into an agreement with SummerHill
Vasona, Ltd. to place a directional sign in the public open space on the corner of Roberts Road
and Blossom Hill Road in Los Gatos, California, and that the Town Manager is authorized, and
is hereby directed, to execute said agreement (Exhibit A hereto) in the name and on behalf of the
Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 18th day of March, 1996 by the following vote:
1416181era INOIa SRI 11W 1
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYES: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR O HE TOWN LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OlkOS GATOS
LOS GATOS, CALIFORNIA
�a a,
LEASE AGREEMENT BETWEEN THE TOWN OF LOS GATOS
AND SUMMERHILL VASONA LTD. TO PLACE A DIRECTIONAL SIGN IN THE
PUBLIC OPEN SPACE ON
THE CORNER OF ROBERTS ROAD AND BLOSSOM HILL ROAD
IN LOS GATOS, CALIFORNIA
This LEASE is made and entered into this _ day of 1996, by and between
the TOWN OF LOS GATOS, a municipal corporation existing under the laws of the State of
California (hereinafter Town), and SUMMERHILL VASONA, LTD., a California limited
partnership existing under the laws of the State of California (hereinafter SummerHill).
RECITALS
A. SummerHill is the successor in interest to the original subdivider of the housing
development now known as Los Gatos Glen (Tract No. 8280).
B. As part of that project, certain areas of the subdivision were dedicated to the Town for
use as open space, which the Town accepted at the time that the final subdivision map was
recorded.
C. However, the open space lies directly across the front of the project and screens the
project from public view from Blossom Hill Road, which is the closest arterial to the project, and
which would have been directly adjacent to the subdivision if the dedication had not occurred in
its current time sequence.
D. Under the Town Code, a housing developer is entitled to erect one sign to let people
know of the development; however, SummerHill has no viable location to erect such a sign
because of the dedications made to public use.
E. In consideration and recognition of the terms and conditions of this Lease Agreement
and the dedication of land made to the public under this project, the Town is willing to allow the
dedicated land to be used for a project sign for a short period of time.
F. SummerHill and the Town recognize that this is a highly unusual situation and the
execution of this lease agreement should not and shall not be recognized as any precedent for
allowing any sign in public rights -of -way or property.
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES as follows:
1. Property Leased. Town hereby leases to SummerHill, and SummerHill hereby
leases from Town, an area large enough to accommodate the sign described in this Lease
Agreement generally in the real property area shown in Exhibit A hereto (hereinafter Property).
1 of 5 March 14, 1996 (11:21 am)
2. Term of Lease. The term of this Lease Agreement shall begin on the day of
1996, and continue for not more than twelve (12) months, subject to termination as
provided in this Lease Agreement.
3. Monthly Rent. The rent under this Lease Agreement shall be thirty -five dollars
($35) (hereinafter Monthly Rent) per month payable to the Town by delivery to the Town
Finance Director at 110 East Main Street, Los Gatos, California, on the first day of each month.
4. Use of Premises. SummerHill shall use the Property solely for purposes of erecting
and maintaining the sign described in and pursuant to this Lease Agreement. In addition to the
requirements of the Town Zoning Code, the sign shall meet the following standards:
a. The sign content shall be limited to directing the public to the project. No further
advertising or copy shall be allowed.
b. The maximum height shall be fifteen feet (15').
c. The sign shall be no closer at any point than fifteen (15') to any street right of way
line.
d. The sign shall not be larger than twenty -five (25) square feet on any sign face and
shall be no more than a double face sign.
e. The exact sign location on the Property shall be determined by a meeting between
SummerHill and the Town to ensure the sign will not interfere with any traffic sight
distance, landscaping, or improvement.
f. SummerHill shall not change the sign copy, size, color, shape, or dimensions without
written approval of the Town Planning Director.
5. Assignment and Subleasing. SummerHill expressly agrees that it shall not assign,
rent, or sublet any portion of the Property without the express, prior written permission of the
Town.
6. Insurance.
a. Minimum Scope of Insurance:
SummerHill agrees to have and maintain, for the duration of the Lease
Agreement, General Liability insurance policies insuring SummerHill, its
officers and employees to an amount not less than: one million dollars
($1,000,000) combined single limit per occurrence for bodily injury,
2 of 5 March 14, 1996 (11:21 am)
personal injury and property damage. Insurance is to be placed with
insurers with a current Best's rating of no less than B +.
ii. SummerHill shall have and maintain Workers' Compensation insurance as
required by California law. Further, SummerFill shall ensure that all
contractors employed on the Property by SummerHill provide the required
Workers' Compensation insurance for their respective employees.
The Town, its officers, officials, employees and volunteers shall be named
as additional insureds on the general liability policy with respect to
liability arising out of activities occurring on or related to the use of the
Property by SummerHill.
iv. SummerHill'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 District's insurance and shall not
contribute with it.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees or
volunteers.
vi. The District's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
vii. Each insurance policy required in this Paragraph shall be endorsed to state
that coverage shall not be suspended, voided, cancelled, 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.
SummerHill shall ensure that current certification of such insurance is on
file at all times during the term of this agreement with the Town Clerk.
viii. District shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage before SummerHill may enter
into the Property under this Lease Agreement.
7. Possessory Interest Taxes. Pursuant to California Revenue & Taxation Code §
107.6, SummerHill acknowledges that the interest conveyed by this Lease Agreement may be
subject to property taxation and the SummerHill may be subject to the property taxes levied on
that interest.
3 of 5 March 14, 1996 (11:21 am)
8. Permits. SummerHill shall obtain all necessary permits required by public agencies,
including the Town, before installation of the sign. SummerHill shall pay all permit, inspection,
and license fees, and other public charges or assessments that arise from SummerHill's use of the
Property during the term of this Lease Agreement.
9. Indemnification. SummerHill agrees to indemnify, save harmless, and defend the
Town, its officers, employees, volunteers, and agents, from and against any all claims or liability
arising from any loss, damage, or injury to persons or property occurring in or about the Property
that arises out of or incident to SummerHill's use and occupancy of the Property, including use or
occupation by anyone that SummerHill has permitted or allow to use the Property. This
obligation to indemnify, save harmless, and defend applies whether or not the incident or claim
or liability is or may be related to negligence on the part of the Town.
10. Maintenance. SummerHill shall be solely responsible for maintenance of the sign
during the term of this Lease Agreement. SummerHill shall repair or replace all landscaping and
improvements in the open space area damaged by the installation, maintenance, or removal of the
sign to the satisfaction of the Town Director of Parks, Forestry and Maintenance. SummerHill
shall repair or replace all curb, gutter, and sidewalk damaged by the installation, maintenance, or
removal of the sign to the satisfaction of the Town Director of Building and Engineering
Services.
11. Surrender of Property. SummerHill shall promptly surrender the Property to Town
at the termination of this Lease Agreement in the same condition it was received. No later than
five (5) days after the termination of this Lease Agreement, SummerHill shall remove the sign
installed and any all other fixtures and installations on which the sign rested or to which the sign
was affixed.
12. Termination.
a. At anytime, either party may give thirty (30) days' written notice of termination to
the other party.
b. The Lease Agreement shall automatically terminate before the end of the one -year
period if and when 25 of the market -rate homes and 4 of the below - market -price
homes in the subdivision receive occupancy permits. At the time of execution of this
Lease Agreement 2 of the market -rate homes have already received occupancy
permits.
13. Notices. Notices to be given under this Lease Agreement shall be addressed as
follows:
4 of 5 March 14, 1996 (11:21 am)
To SummerHill:
Elaine Voulgaris
SummerHill Homes
777 California Avenue
Palo Alto, CA 94304
To the Town:
Planning Director
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
Notices shall be delivered by first class, postage prepaid mail or in person. If mailed, a notice shall
be deemed effective on the fifth day following deposit in the U.S. Mail.
14. Amendments. No modification, waiver, mutual termination, or amendment of this Lease
Agreement is effective unless made in writing and signed by the Town and the SummerHill.
15. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that parry may have hereunder, nor
does waiver of a breach or default under this Lease Agreement constitute a continuing waiver of a
subsequent breach of the same or any other provision of this Lease Agreement.
16. Entire Agreement. This Lease Agreement constitutes the complete and exclusive
statement of the Lease Agreement between the Town and SummerHill. No terms, conditions,
understandings or agreements purporting to modify or vary this Lease Agreement, unless hereafter
made in writing and signed by the party to be bound, shall be binding on either party.
IN WITNESS WHEREOF, the Town and SummerHill have executed this Lease Agreement
as of the date indicated on page one (1).
Town of Los Gatos
By
David W. Knapp, Town Manager
ATTEST:
Clerk of the Town of Los Gatos,
Los Gatos, California
Marian V. Cosgrove, Town Clerk
NAATY\SUMME1mL.PLN
C
Approved as to form:
Larry E. Anderson, Town Attorney
5 of 5 March 14, 1996 (11:21 am)
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