1984-208-Authorizing Mayor To Execute Amendment To License Agreement With The Billy Jones Wildcat Railroad Extending The Term Until January 1, 2010RESOLUTION NO. 1984 =208
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING MAYOR
TO EXECUTE AMENDMENT TO LICENSE AGREEMENT WITH THE
BILLY JONES WILDCAT RAILROAD
EXTENDING THE TERM UNTIL JANUARY 1, 2010
WHEREAS, effective November 1, 1968 the Town of Los Gatos, the County
of Santa Clara, and the Santa Clara Valley Water District (as the Santa
Clara County Flood and Water District), and the Billy Jones Wildcat
Railroad entered into a License Agreement providing for the operation of
the Railroad in Oak Meadow Park; and
WHEREAS, effective January 1, 1972 the County of Santa Clara and the
Billy Jones Wildcat Railroad entered into an amendment to the License
Agreement making certain other amendments to the License Agreement
affecting only the County and the Railroad and to which the Town of
Los Gatos was not a signator; and
WHEREAS, effective February 1, 1960 the Town of Los Gatos and the
Billy Jones Wildcat Railroad entered into an addendum to the License
Agreement to install, maintain and operate a Merry -Go -Round in Oak Meadow
Park and agreed that the terms and conditions of the original License
Agreement shall apply to the installation, maintenance and operation of
the isferry -Go- Round; and
WHEREAS, the aforesaid License Agreement provides that the Billy Jones
Wildcat Railroad may, at its option, renew the tom€ of the License Agree-
ment for one successive period of twenty -five (25) years effective January
1, 1985; and
WHEREAS, the Billy Jones Wildcat Railroad has requested said exten-
sion in a letter submitted to the Town Council dated September 18, 1984;
and
WHEREAS, on October 15, 1984 the Town Council adopted Town Resolution
No. 1984 -188 granting the twenty -five (25) year extension of the term of
said License Agreement effective January 1, 1965.
NOW, THEREFORE, BE IT RESOLVED that the Town Council authorizes and
hereby directs the lv'iayor to execute on behalf of the Town of Los Gatos
that agreement entitled 80eOU088t to License o Extending Term, d
copy Of which is attached.
PASSED AND ADOPTED at a r
__Lequ l a r meeting Of the T0WD Council Of
the Town of [0S Gatos held �y Of November , �9�� by
the following vote:
----�--- -~
AYES: C0UNCILMEN8ERS Terrence J Daily Thomas J
Ferritn Brent N Ventura d J B
WOES: CAUNClUMEhBERS None
ABSTAIN: COUNCILMEMBERS
ABSENT: CUUN[ILMENBERS Eric D. Carlson
SIGNED:
ATTEST:
DEPUTY �C�LER�U� 8 UW�
MMM
RESOLUTION NO. 1984 -208
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING MAYOR
TO EXECUTE AMENDMENT TO LICENSE AGREEMENT WITH THE
BILLY JONES WILDCAT RAILROAD
EXTENDING THE TERM UNTIL JANUARY 1, 2010
WHEREAS, effective November 1, 1968 the Town of Los Gatos, the County
of Santa Clara, and the Santa Clara valley Water District (as the Santa
Clara County Flood and Water District), and the Billy Jones Wildcat
Railroad entered into a License Agreement providing for the operation of
the Railroad in Oak Meadow Park; and
WHEREAS, effective January 1, 1972 the County of Santa Clara and the
Billy Jones Wildcat Railroad entered into an amendment to the License
Agreement making certain other amendments to the License Agreement
affecting only the County and the Railroad and to which the Town of
Los Gatos was not a signator; and
WHEREAS, effective February 1, 1580 the Town of Los Gatos and the
Billy Jones Wildcat Railroad entered into an addendum to the License
Agreement to install, maintain and operate a Merry -Go -Round in Oak Meadow
Park and agreed that the to mis and conditions of the original License
Agreement shall apply to the installation, maintenance and operation of
the Merry -Go- Round; and
WHEREAS, the aforesaid License Agreement provides that the Billy Jones
Wildcat Railroad may, at its option, renew the term of the License Agree-
ment for one successive period of twenty -five (25) years effective January
1, 1985; and
WHEREAS, the Billy Jones Wildcat Railroad has requested said exten-
sion in a letter submitted to the Town Council dated September 18, 1984;
and
WHEREAS, on October 15, 1984 the Town Council adopted Town Resolution
No. 1984 -188 granting the 'twenty -five (25) year extension of the term of
said License Agreement effective Janua ry 1, 1985.
NOW, THEREFORE, BE ?T RESOLVED that the Town Council author9zes and
hereby directs the Mayor to execute on behalf of the Torun of Los Gatos
W..:
AMENDMENT TO LICENSE AGREEMENT EXTENDING TERM
AMENDMENT TO LICENSE AGREEMENT, made by the TOWN OF LOS GATOS, a
municipal corporation of the State of California, hereinafter referred to
as the "Torun," the COUNTY OF SANTA CLARA, a political subdivision of the
State of California, hereinafter referred to as the "County," the SANTA
CLARA VALLEY WATER DISTRICT (formerly the Santa Clara County Flood Control
and Water District), a district of the State of California, hereinafter
referred to as "District," the foregoing parties hereinafter referred to
collectively as the "Licensors," and the BILLY JONES WILDCAT RAILROAD, a
nonprofit corporation of the State of California, hereinafter referred to
as the "Licensee."
RECITALS:
WHEREAS, effective November 1, 1968 the Licensors and the Licensee
entered into a License Agreement providing for the operation of the Billy
Jones Wildcat Railroad in Oak Meadow Nark; and
WHEREAS, effective January 1, 1972 the County and the Licensee entered
into an amendment to the License Agreement making certain other amendments
to the License Agreement affecting only the County and the Licensee; and
WHEREAS, the License Agreement provides that the Licensee may, at its
option, renew the term of the License Agreement for one successive period
Of twenty -live (25) years effective January 1, 1985; and
WHEREAS, Licensee has requested said extension.
IT IS THEREFORE AGREED by the parties as follows:
1. Tenn. The original License Agreement is amended to read as
The teal of this license Agreement shall be for a period ccminencing
upon January 1, 1.985 and ending o Januar; i UIOe
2. Possessor In est. Entering Into this agre it may create a
possessory n eves _ Jecfi to property taxatdon. I� ..dch a possessory
interest is created, the party In whom the possessory interest vests shall
be liable for payment of property taxes levied on such Interest.
3. Applicability of Original Agreement. The terms and conditions of
the original License Agreement, as amended effective January 1, 1972, and
with addendum effective February 1, 1980, to the full extent applicable,
except as herein amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to
License Agreement Extending Term, effective January 1, 1985.
ATTEST:
Cler of the Town of Lo Gatos
Clerk, Board of Supervisors
County of Santa Clar�a� _-
C��'
Clerk, Board of Directors
Santa Clara Valley 'dater District
APPROVED AS TO FORM:
LICENSORS:
TOWN OF LOS GATOS
BYC
( Mayor
COUNTY OF SANTA CLARA
By
Chairperson of Board of Supervisors
SANTA CLARA VALLEY WATER DISTRICT
By #
C1 rman of card of Directors
LICENSEE:
BILLY JONES WILDCAT RAILROAD
a By ��_--
cWn` t rr io�rn of�Los Gatos President
' J
ounty Cour "el, County of Santa Clara
Counsel, Santa Clara Malley mater District,
ot.nsvl, l y Cones 411 ccaz Ra�Iroad
that agreement entitled Amendment to License Agreement Extending Term, a
copy of which is attached.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Los Gatos held on e t day of November 1984 by
the following vote:
AYES: COUNCILMEMBERS Terrence J. Daily, Thomas J.
ferrito, Brent N. Ventura and Joanne Benjamin
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
SIGNED:
ATTEST:
None
Eric D. Carlson
/S/ Joanne Benjamin
to R W J GA
/S/ Rebecca L. Yates (seal)
DEPUTY
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