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
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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
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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
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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
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