Loading...
1980-069-Authorizing Agreement With Central Fire District For Sale Of Land And Leaseback Of Part Of It, And Coordinating the Termination Date Of lease With That Of An Earlier LeaseRESOLUTION NO. 1980 -69 RESOLUTION AUTHORIZING AGREEMENT WITH CENTRAL FIRE DISTRICT FOR SALE OF LAND AND LEASEBACK OF PART OF IT, AND COORDINATING THE TERMINATION DATE OF THE LEASE WITH THAT OF AN EARLIER LEASE RESOLVED, by the Town Council of the Town of Los Gatos, that the Town enter into the agreement entitled "AGREEMENT FOR SALE OF LAND, FOR LEASEBACK OF PART OF IT, AND COORDINATING THE TERMINATION DATE OF THE LEASE WITH THAT OF AN EARLIER LEASE ", a copy of which is attached hereto, and that the Mayor is directed to execute the agreement on behalf of the Town. PASSED at a regular meeting of the Town Council of The Town of Los Gatos held on the 160h day of June. 1980, by the following vote: AYES: COUNCILMEMBERS Ruth Cannon, Marlyn J. Rasmiussen, Peter W. Siemens, Brent N. Ventura and Thomas J. Ferri Lo NOES: COUNCILMEMBERS iione ABSTAIN: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None ATTEST: Clerk, Town of Los Ga os SIGNED ° layor, Toum os atos 6- 11 -80j ITEM V.C. AGREEMENT FOR SALE OF LAND, FOR LEASEBACK OF PART OF IT, AND COORDINATING THE TERMINATION DATE OF THE LEASE WITH THAT OF AN EARLIER LEASE This agreement is made on June , 1980 (enter the date of signing on behalf of the last party to sign) between Central Fire Protection District of Santa Clara County (Fire District) and the Town of Los Gatos (Town) with reference to the following facts. The Fire District owns parcels A and C shown on the record of survey filed April 7, 1956 in Book 207 of Maps at page 5 in the office of the Santa Clara County Recorder. The Fire District wants to sell parcels A and C to the Town and the Town wants to buy them, but when the transaction is complete the Fire District wants to have rights in parcel C similar to the rights the Fire District now has in parcel B under the terms of its annexation agreement with the Town. (Execution of the annexation agreement was authorized by the Town on March 23, 1970 and by the Fire District on March 18, 1970. Parcel B is also shown on the 1956 record of survey.) The parties agree: 1. The Fire District will sell parcels A and C and the Town will buy them. 2. Immediately after conveyance of title to parcels A and C to the Town, the Town will lease parcel C to the Fire District. The lease will be for a term of 55 years at an annual rental of $5.00. The lease will include provisions concerning the use and protection of parcel C and early termination that are substantially similar to the provisions in paragraphs 18 6- 11 -80j ITEM v. c, through 25 of the annexation agreement between the Town'and the Fire District, except the provision in paragraph 18 for payment of an amount equivalent to bond interest. 3. Title to parcels A, B, and C is subject to the matters shown in Title Insurance and Trust company's report no. SJ- 418012 dated November 19, 1979. The Town and the Fire District will take their ownership and leasehold interests, respectively, subject to those matters. The Town proposes to grant pipeline easements burdening one or more of the parcels to Santa Clara County Water District. The Fire District agrees that the Town may do so notwithstanding the Fire District's rights under the annexation agreement between the Town and the Fire District and under the lease that will be executed in the course of this transaction so long as the easement rights granted are reasonably limited to areas where pipelines are already in place and do not, in a new and immediate manner, conflict with the Fire District's use of the property for fire suppression, prevention, and administrative purposes. 4. Conveyance of title to parcels A and C will be by grant deed. 5. The Fire District will quitclaim to the Town the right - of -way easement across parcel B described in part 3, page 2 of the seven page (plus acknowledgment page) agreement entitled Agreement for Sale of Real Property which was signed on behalf of the Fire District on February 22, 1974 and on behalf of the Town on February 19, 1974, and by means of a separate instrument executed by the Town and the Fire District, each will release the other from all further obligations under the terms of the February, 1974 agreement. 6. The annexation agreement never specified the nature of the interest in land transferred by means of that agreement from the Town to the Fire District. The Town and the Fire -2- 6- 11 -80j District agree that it is a lease, and will execute an instrument to that effect, setting the same termination date as the lease described in part 2 of this agreement. 7. The sale of parcels A and C will be conducted through an escrow at Title Insurance and Trust company. However, the lease of parcel C and the termination and quitclaim relating to the February 1974 agreement, and the clarification of the annexation agreement will be done outside of escrow. 8. The Fire District will provide title insurance showing the Town as owner of parcels A and C, but the Town and the Fire District will each pay half of the cost of the title insurance and of all other usual fees charged by the escrow. 9. The parties will open escrow by July 15, 1980, proceed diligently to perform all the terms of this agreement, and will complete performance by August 31, 1980. APPROVED AS TO FORM: TOWN AT RNEY OF TOWN OF L0$��TOS by'3i, % ✓U U reston W.' Hill APPROVED AS TO FORM: COUNTY COUNSEL OF SANTA CLARA COUNTY TOWN COUNCIL OF THE TOWN OF LOS GATOS by o as J. F i Mayor BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA, ACTING AS THE GOVERNING BOARD OF THE CENTRAL FIRE PROTECTION DISTRICT OF SANTA CLARA COUNTY By By Deputy Chairman -3- 6- 11 -80j