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1988-160-Authorizing The Mayor To Enter Into Lease Agreement With The State Of California Department Of TransportationRESOLUTION NO. 1988 -160 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION BE IT THEREFORE RESOLVED that the Town Council of the Town of Los Gatos does hereby authorize the Mayor to sign a lease agreement with the State of California, Department of Transportation for land use under provisions of the Marler Johnson Act. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 1st day of August 1988 by the following vote: AYES: COUNCIL MEMBERS Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Vice -Mayor Joanne Benjamin NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Ma "yor Eric D. Carlson SIGNED: VI�e,`i°IAYOR OF THE TOWN 0 LOS GATOS ATTEST: SR. DEPUTY CLERK OF I TOWN OF LOS GATOS 4 5 6 7 8 9 10 i1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 HE Account ;i ber OOIA- 001 -02 Lease Area Number 04- SCL -17 -1 MARLER- JOHNSON PARK LEASE THIS LEASE, made entered into this 1st day of August, 1988, by and between the STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "DEPARTMENT ", and THE TOWN OF LOS GATOS hereinafter referred to as "LESSEE ", W I T N E S S E T H WHEREAS, it has been determined by the Director of the Department of Transportation that the following described real property is the proper subject of a lease pursuant to Section 14013 of the Government Code of the State of California: That property outlined in red on Exhibit "A" attached and made a part hereto; AND WHEREAS, DEPARTMENT and LESSEE desire to enter into a Lease of the above- described property under such terms and conditions set forth hereinafter: NOW, THEREFORE, in consideration of the premises and mutual agreements of the parties hereto, it is agreed as follows: 1. This Lease shall be for a term of ten (10) years at the rate of .. One Hundred ($100.00) Dollars per annum, payable in advance to the DEPARTMENT at the office of the STATE OF CALIFORNIA, ii 1, DEPARTr:,,U OF TRANSPORTATION, P.O. &,� 7310, SAN FRANCISCO, 2i CALIFORNIA, 94120, Attention: Accounting Department, Airspace, 3I commencing on the 1st day of APril, 1988. At DEPARIMENT's 4; option, said Lease may be renewed for an additional five (5) 5! year period in accordance with such terms as may be mutually 6I agreed upon by the parties hereto. 7 8I 2. The property herein leased shall be used exclusively for park 9! purposes and shall at all times be maintained at the sole cost 10. and expense of LESSEE in an orderly, clean, safe and sanitary 111 condition. Said Lease may immediately be terminated by , 121 DEPARTMENT upon the happening of any of the following 13! conditions: 14, 151- (a) When subject property is used for any purpose 161 other than park purposes; 171 18 (b) When any portion of the property herein leased 19 is required for State highway or other public 20i transportation purposes as determined by the 21a governing body of the Department of Transportation 22 Ii II or other public transportation agency; 23 24iI (c) When, in the opinion of the Director of the 25 II II Department of Transportation, the leased property 26 is not maintained in such manner as to protect and 2711 enhance the highway improvement and its environs, T PAPER IJ (REV. 8.711 n 11 and LESSEE within ten (10) days aLcer notice from 2 I DEPARTMENT fails to correct any deficiencies. 3 ' 4i 3. In the event this Lease is terminated for any of the reasons 5i stated in the preceding paragraph or at the expiration of the 6� period of this Lease, LESSEE agrees to remove all improvements 7' except landscaping within the right of way at its sole expense 81 within one hundred twenty days (120) after the termination of 9: this Lease. If LESSEE fails to remove all improvements, 10 DEPARTMENT may remove such improvements at the expense of LESSEE 11 and bring an action for recovery of such costs, together with 12i , all expenses and attorney's fees incurred by reason of said 131:, action. WE 151 4. LESSEE shall not install facilities for, nor operate on the land 16 below a viaduct structure, a gasoline supply station, nor shall 17 the transportation of gasoline or petroleum products be 18' permitted under the viaduct structures. 19I 20'! The premises will not be used for any storage of inflammable 21 II materials, explosives, or other materials or other purposes 22,, deemed by LESSOR to be a potential fire or other hazard to the 23I transportation facilities. The operation and maintenance of the 24 Lease premises shall be subject to regulations of LESSOR so as II25 to protect against fire or other hazard impairing the use, 26 safety and appearance of the transportation facility. The 27 I occupancy and use of the area shall not be such as will permit URT PAPER TC OF CA LIf011N 1I. I _ I. I13 IREV. 8.>21 W J69 3 1 hazardc —z or unreasonably objectionably smcke, fumes, vapors, or any compensation in or 2,1I odors to rise above the grade lines of the transportation 3 facility. LESSOR, through his agents or representatives and 4I1 other city, county, State and Federal agencies, through their 5 agents or representatives, shall at all times have the right to 6! go upon and inspect the leased premises. Further, the LESSOR 7I reserves the right to serve or to post thereon any notice gi required or permitted by law for protection of any right or g interest of LESSOR. 10 :I 11i 5. The leased area shall at all times be subject to such uses by ' 12 DEPARTMENT as are necessary for highway purposes and DEPART= 131 shall have the right to maintain' any highway facilities without 1J interference by LESSEE. 1V, 16 6. Upon termination of said Lease for any reason whatsoever, 1711 DEPARTMENT shall not be required to provide replacement lands 18 Ti for facilities or any compensation in any manner for land or lgli improvement or for any damages of any kind caused by said 20i termination. 21 it 22I 7. LESSEE shall place no improvements, including landscaping, on 23 leased area except those included in the development plan 24 approved by the DEPARTMENT in writing, a copy of which is 25i; attached hereto. Any additional improvements shall only be 26 permitted with the written consent of the DEPARTMENT. All 27 I signs shall be subject to prior approval by the DEPARMENT. i PAPER x uura.m. �3 IMEV. 6• 721 i i .! 4 — I S. If it is determined by DEPARMMEiU that any special facilities 2 are necessary for the safe and proper operation of the leased 31 area in conjunction with highway uses, such facilities shall be 4II constructed in a manner determined by DEPAIUVENT at the sole 511 cost and expense of LESSEE. 6i _ 711 9. Prior to the award of any contract for the development of g improvements on the leased area, the LESSEE shall cause to be 9; obtained separate performance and labor and material bonds 10l executed by an admitted surety insurer. Said performance bond 11 shall be for the full amount of the .contract price, and the 12i labor and material bond shall be in a sum equal to one half of 131 the contract price. 14 it15 10. DEP=14ENT, its assigns or successors in interest, shall not be 16 I! liable for taxes or assessments of any nature whatsoever on the 17111 leased property. 19i 11. LESSEE shall not sublet or assign a Lease of the property 20'. without prior written consent of the department, and the 2111 concurrence of the Federal Highway Administration. 22 23 24 25 2611 27: ;T PAPER OI REV R nlw 1a t EV :O 12. LESSEE shall indemnify and hold harmless DEPARTIMNT and all officers and employees thereof from any and all claims, suits, or actions of every name, kind or description brought for or on account of injury to or death of any person or damage to any property resulting from the existence,.operation and maintenance 4 5 9 10 i1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 of the property except for the.soTe willful act or omission or sale negligence of the DEPARTMENT, its officers, or employees, and reimburse DEPARTMENT for any other cost of expense incurred by DEPARTMENT as a result of said Lease. 13. LESSEE shall take out and keep in force public liability insurance and property damage insurance naming DEPARTMENT and its officers and employees as an insured in the sum of One Million ($1,000,000.00) Dollars for public liability insurance and One Million ($1,000,000.00) dollars for property damage insurance. 14. LESSEE shall be responsible for any liability imposed by law and for any injury or death to any person or damage to property or damages to the State Highway facilities resulting from the maintenance of said leased property. 15. Notwithstanding any other provision in this Lease, nothing shall be done on said leased property which in any whatsoever would result in danger to the traveling public. The determination of whether any improvement or proposed activity shall endanger the safety of the traveling public shall be determined by the DEPARTMENT, acting by and through its State Highway Engineer at his sole discretion. LESSEE shall make provisions necessary to protect users of its proposed facility from any hazards resulting from use and operation of the highway at the sole cost and expense of LESSEE. -h- 4 5 6 7 8 9 10 11 12 13, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 M PAPER Of eeueo Rau 13 (REV, a.721 16. There shall be no access from the leased property to highway facilities from said property. All access to said property shall be provided by LESSEE by other means unless otherwise provided by agreement in writing between DEPARTMENT and LESSEE. 17. The LESSEE, for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree "as a covenant running with the land" that (1) no person, on the ground of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination in the use of said facilities, (2) that in connection with the construction of any improvements on said land and the furnishing of services thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors in the selection and retention of first -tier subcontractors, and by first -tier subcontractors in the selection and retention of second -tier subcontractors, (3) that such discrimination shall not be practiced against the public in the access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation, and vehicle servicing) constructed or operated (on, over, or under) the space of the right of way, and (4) that the LESSEE shall use the land in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Part 21 (49 C.F.R., Part 21) and as said Regulations may be amended. In the event of breach of any of - 7 - 1' 2i 3 I' i 4 II i 5 :I 6! 7I 8I 9 1Oi 11� 12 II 13 14 II 15 16 17 II18 19 20 21'i 22 231 24' 25 i 26 i I 27 it )RT PAPER re or Cc LIFORR1A . 113 I REV. 8.72 � 4769 the above nondiscrimination covenants, the LESSOR shall have the right of termination of this Lease, and to re -enter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. 18. Any and all notices or demands by or from DEPARTMENT to LESSEE or LESSEE to DEPARTMENT shall be in writing. They shall be served either personally or by mail; service shall be conclusively deemed made at the time of service. If served by certified mail, services shall be deemed made forty -eight (48) hours after the deposit thereof in the United States mail, postage prepaid, addressed to the party to whom such notice or demand is to be given and the issuance of a receipt thereof. Any notice or demand to DEPARTMENT may be given to DEPARTMENT at P. O. Box 7791, San Francisco, California 94120 or at such other place or places as shall be designated by DEPARTMENT from time to time. Any notice or demand to LESSEE shall be given to LESSEE at P. O. Box 949, Los Gatos, California 95030 or at such other place as may be subsequently designated by LESSEE in accordance with a written notice to DEPARTMENT. 19. LESSEE shall post the leased premises with a sign giving the following notice: (a) "This park has been developed for your convenience by (LESSEE) under a Lease with the CALIFORNIA DEPARTMENT OF TRANSPORTATION. 1 2 3 4i i 5I 6i 7i 8� 9I 101 11 12 II13 1 14 15 �I 16 17 18 i 19 li 20 I� 21 ,I I 22 23 If 24 I 25 26 27 T PAPER OI GLI /011 New I3 IPEV, B�1$1 ! 9 I _ne Lease is subject to termims-ion if the property is needed for State highway operating purposes ". 20. Time is expressly made the essence of this Lease. 21. The terms of this Lease may be amended at any time upon such terns and conditions as shall be mutually agreed upon between DEPARTMENT and LESSEE. IN WITNESS WHEREOF, the undersigned have executed this Lease on the 16th day of March , 1988. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORATION SOR V - 9 - 4--ir LESSEE a; A N 46 _1�t A R o � 1W •u, N s 1 P 11 � i% 1!1( % °.- iii � %• 1i i�V,V;111 1, \1w / / / V. cc I i R o s ti N o=;^ N y o ^ 1 i rr nno= . o o La sA •u, N s 1 P 11 � i% 1!1( % °.- iii � %• 1i i�V,V;111 1, \1w / / / V. cc I i 4� 1 ,r c• ,: � 13 4 ^r. , • �M NyI LEASE �� , E�LOS S GAT OS' a raj „='• !\ L4�, .: ",..._ is •, • o? ' ~rte "•'l�'°)Y' �' t �•' t .<_2_ -..... -. t. A,- [ '� J.V �.• ..- b..l ^f.. IY . S'Y EEK IN L Z.L.! •.r.. `,. Y .` J _� l,C♦ra » .a/r . Z o`W'•`.�r•• la it Cl IAI ) - F j•r• ' 3. _ 2I c. � i itt• ' Dr[ G LION - •, 2♦ .� t r♦ ._..... �,_.:. p 3 c . 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