Attachment 1LOS GATOS - M.O. EMPLO YEE PARKING (054542-002)
15 MONTEBELLO W AY, LOS GATOS, CA 95030-9998
Sub-Lease
Attachment 1
Facility N ame/Location
LOS GATOS - M.O. EMPLO YEE PARKING (054542-002)
15 MONTEBELLO W AY, LOS GATOS, CA 95030-9998
County: Santa Clara
Lease: Q90000539410
This Sub-Lease made and entered into by and between TOW N OF LOS GATOS hereinafter called the Landlord, and
the United States Postal Service, hereinafter called the Postal Service:
In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which
is hereby acknowledged, the parties covenant and agree as follows:
1.T he Landlord hereby leases to the Postal Service and the Postal Service leases from the Landlord the following
premises, hereinafter legally described in paragraph 7, in accordance with the terms and conditions described herein
and contained in the ‘General Conditions to USPS Ground Lease,’ attached hereto and made a part hereof:
Exclusive Use Parking Lot, approximatel y 35 parking spaces
10,800.00 Sq. Ft. Total Site Area:
2.RENTAL: The Postal Service will pay the Landlord an annual rental of: $32,400.00 (Thirty Two Thousand Four
Hundred and 00/100 Dollars) payable in equal installments at the end of each calendar month. Rent for a part of a
month will be prorated.
Rent checks shall be payable to:
TOW N OF LOS GAT OS
FINANCE DEPARTMENT
P O BOX 697
LOS GATOS, CA 95031-0697
3.T O HAVE AND TO HOLD the said premises with their appurtenances for the following term:
FIXED TERM: T he term becomes effective May 01, 2019 with an expiration date of April 30, 2024, for a total of 5
Years.
1 *IFVYEV] 2004
Sub-Lease
RENEW AL OPTIONS: None 4.
5. TERMINATION:
The Postal Service may terminate this Lease at any time after year 2 by giving 180 days written notice to the
Landlord.
6. OT HER PROVISIONS: The following additional provisions, modifications, riders, layouts, and/or forms were agreed
upon prior to execution and made a part hereof: 3DUNLQJ /RW /HDVH DQG $PHQGPHQWV - ([KLELW $.
7. LEGAL DESCRIPTION:
10,800 SQ FT identified on Exhibit A as United States Postal Service, 35 Parking Spaces (existing), a portion of the
parking facility located at 15 Montebello W ay, Los Gatos CA. See Attached Exhibit A.
2 *IFVYEV] 2004
Sub-Lease
Addendum
Facility Name/Location
LOS GATOS - M.O. EMPLO YEE PARKING (054542-002)
15 MONTEBELLO W AY, LOS GATOS, CA 95030-9998
County: Santa Clara
Lease: Q90000539410
8.This sub-lease agreement between the United States Postal Service and the Town of Los Gatos. The
Landlord Verizon California, Inc., and Town of Los Gatos is the Tenant under that certain Master Lease
dated 5/28/2002, as amended by that certain First Amendment to Master Lease dated 3/17/2003, and as further
amended by that certain Second Amendment to Master Lease dated 10/10/2006, and Third Amendment dated
11/13/2009 of the Master Lease and the Fourth Amendment to Master Lease dated 7/19/2018 for a portion of
the property located at 15 Montebello W ay, Los Gatos, California. A copy lease of which is attached
hereto as Exhibit A (Master Lease).
9.
a.
b.
c.
Lessor (Landlord) hereby certifies that, as of the date of this Forth Amendment:
The Master Lease is in full force and effect and has not been amended or modified.
To Landlords knowledge, there are no existing defaults under the Master Lease.
The initial term of the Master Lease expires on 4/30/2024 with no remaining renewal options.
10.Lessor (Landlord) agrees as follows with respect to the Master Lease:
a.Lessor (Landlord) shall not amend or modify the Master Lease except with the prior written consent of
the Postal Service.
b.Lessor (Landlord) shall provide the Postal Service with copies of all notices sent or received by
Landlord with respect to the Master Lease and/or the demised premises.
c.Concurrently with the execution of this Amendment, Landlord shall exercise Master Lease in accordance
with the terms of the Master Lease.
11. The word Landlord shall be changed to Lessor throughout this lease.
12. The work Lease shall be changed to Sub-Lease throughout this lease.
3
EXECUTED BY LANDLORD this _ day of _, .
GOVERNMENTAL ENTITY
By executing this Lease, Landlord certifies that Landlord is not a USPS employee or contract employee (or an immediate family member of either), or
a business organization substantially owned or controlled by a USPS employee or contract employee (or an immediate family member of either).
Name of Governmental Entity: _T_o_w_n__o_f _L_o_s _G_a_t_o_s
Name & Title: Laurel Prevetti, Town Mgr Name & Title:
Name & Title: Name & Title:
Landlord’s Address: _F_I_N_A NC_E__D__E_P AR_T_M EN T P O BO_X__6__9_7
_L_O__S__G__A_T O_S__,_C A 9_5_0 3_1_-_0_6_9__7_
Landlord’s Telephone Number(s): _
Federal Tax Identification No.:_X__X_-_X_X X_1__4_3_5_
_
Witness W itness
a.W here the Landlord is a government al entity or other municipal entity, the Lease must be accompanied by documentary evidence affirming the
authority of the signatory(ies) to execute the Lease to bind the governmental entity or municipal entity for which he (or they) purports to act.
b.Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address
specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under
this Lease or under any law or regulation must be in writing and submitted to “Contracting Officer, U.S. Postal Service” at the address specified
below, or at an address that the Postal Service has otherwise directed in writing.
ACCEPTANCE BY THE POSTAL SERVICE
Date:
_D_i_a_n_a K A_lv_a_r_a_d_o
Contracting Officer Signature of Contracting Officer
_P_a_c_i_fi_c_F S_O 1_3_0_0 E_v_a n_s_A v_e_n_u_e S_u_it_e 2_0_0_,_S a_n_F ra_n_c_i_s_c_o , _C_A 9_4_1_8_8 -8_2 0_0
Address of Cont racting Officer
Signature Page Grdlease Gvt. Enti ty (April 2009) 4
Sub-Lease
1.CHOICE OF L AW
This Lease shall be governed by federal law.
2.RECORDING
Not Required
3.MORTG AGEE 'S AGREEM ENT
If there is now or will be a mortgage on the property which is or will be recorded prior to the recording of the Lease, the Landlord must notify the
contracting officer of the fact s concerning such mortgage and, unless in his sole discretion the contracting officer waives the requirement, the Landlord
must furnish a Mortgagee's Agreement, which will consent to this Lease and shall provide that, in the event of foreclosure, mortgagee, successors,
and assigns shall cause such foreclosures to be subject to the Lease.
4.ASSIGNMENTS
a.The terms and provisions of this Lease and the conditions herein are binding on the Landlord and the Postal Service, and all heirs, executors,
administrators, successors, and assigns.
b.If this contract provides for payments aggregating $10,000 or more, claims for monies due or to become due from the Postal Service under it may
be assigned to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and
reassigned to any such instit ution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party,
except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract.
No assignment or reassignm ent will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or
reassignment, together with a true copy of the instrument of assignment, is filed with:
1.the contracting officer; and
2.the suret y or sureties upon any bond.
c.Assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination
of the contract f or default at the option of the Postal Service.
d.Nothing contained herein shall be construed so as to prohibit transfer of ownership of the demised premises, provided that:
1.such transfer is subject to this Lease agreement;
2.both the original Landlord and the successor Landlord execute the standard Certificate of Transfer of Title to Leased Property and Lease
Assignment and Assumption f orm t o be provided by the USPS Contracting Officer.
5.APP LIC ABLE CODES AND ORDIN ANCES
The Landlord, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the
parcel on which the premises are situated and to obtain all necessary permits and related items at no cost to the Postal Service. W hen the Postal
Service or one of its contractors (other than the Landlord) is performing work at the premises, the Postal Service will be responsible for obtaining all
necessary and applicable permits, related items, and associated costs.
6.SUBLE ASE
The Postal Service m ay sublet all or any part of the prem ises or assign this lease but shall not be relieved from any obligation under this lease by
reason of any subletting or assignment.
7.AL TER ATIONS
The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures or signs in or upon the premises hereby
leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on
the property on which said premises are located); which fixtures , additions or structures so placed in, upon or attached to the said premises shall be
and remain the property of t he Postal Service and may be removed or otherwise disposed of by the Postal Service.
8.CL AI MS AND DISPUTES
a.This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) ("the Act").
b.Except as provided in the Act, all disputes arising under or relating to this contract must be resolved under this clause.
c."Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the
payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract.
However, a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until
certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a
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General Conditions to USPS Sub Lease
claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certificati on requirements of
this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.
d.A claim by the Landlord must be made in writing and submitted to the contracting officer for a written decision. A claim by the Postal Service
against the Landlord is subject to a writt en decision by the contracting officer. For Landlord claims exceeding $100,000, the Landlord must submit
with the claim the following certification:
“I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that
the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am
duly authorized to cert ify the claim on behalf of the Landlord.”
The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim.
e.For Landlord claims of $100,000 or less, the contracting officer must, if requested in writing by the Landlord, render a decision within 60 days of the
request. For Landlord-certified claim s over $100,000, the contracting officer must, within 60 days, decide the claim or notify the Landlord of the date
by which the decision will be made.
f. The contracting officer's decision is final unless the Landlord appeals or files a suit as provided in the Act.
g.When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR)
process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of
dollar amount, before ADR is used.
h.The Postal Service will pay interest on t he amount found due and unpaid from:
1. the date the contracting off icer receives the claim (properly certified if required); or
2. the date payment ot herwise would be due, if that date is later, until the date of payment.
i. Sim ple interest on claims will be paid at a rate determined in accordance with the Act.
j.The Landlord must proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action
arising under the contract, and comply with any decision of the contracting officer.
9.HAZARDOUS/TOXIC CONDIT IONS CL AUSE
"Asbestos containing building material" (ACBM) means any material containing more than 1% asbestos as determined by using the m ethod specified
in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACBM that when dry, can be crumbled, pulverized, or reduced to
powder by hand pressure.
The Landlord must identify and disclose the presence, location and quantity of all ACBM or presumed asbestos containing material (PACM) which
includes all thermal system insulation, sprayed on and troweled on surfacing materials, and asphalt and vinyl flooring material unless such material
has been tested and identified as non-ACBM. The Landlord agrees to disclose any information concerning the presence of lead-based paint, radon
above 4 pCi/L, and lead piping or solder in drinking water systems in the building, to the Postal Service.
Sites cannot have any contaminated soil or water above applicable federal, state or local action levels or undisclosed underground storage tanks.
Unless due to t he act or negligence of t he P ostal Service, if contam inated soil, water, underground storage tanks or piping or friable asbestos material or
any ot her hazardous/toxic materials or substances as defined by applicable Local, State or Federal law are subsequently identified on the
premises, t he Landlord agrees to remove such materials or substances upon notification by the U. S. Postal Service at Landlord's sole cost and
expense in accordance with EPA and/or State guidelines. If ACBM is subsequently found which reasonably should have been determ ined, identified,
or known to the Landlord, the Landlord agrees to conduct, at Landlord’s sole expense, an asbestos survey pursuant to the standards of the Asbestos
Hazard Emergency Response Act (AHERA), establish an Operations and Maintenance (O&M) plan for asbestos management, and provide the survey
report and plan to the Postal Service. If the Landlord fails to remove any friable asbestos or hazardous/toxic materials or substances, or fails to
complete an AHERA asbestos survey and O&M plan, the Postal Service has the right to accomplish the work and deduct the cost plus administrative
costs, from fut ure rent payments or recover these costs from Landlord by other means, or may, at its sole option, cancel this Lease. In addition, the
Postal Service may proport ionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been
rendered unavailable t o it by reason of such condition.
The Landlord hereby indemnifies and holds harmless the Postal Service and its officers, agents, representatives, and employees from all claims, loss,
damage, actions, causes of action, expense, fees and/or liability resulting from, brought for, or on account of any violation of this clause.
The remainder of this clause applies if this Lease is for premises not previously occupied by the Postal Service.
By execution of this Lease the Landlord certifies:
a.the property and improvements are free of all contamination from petroleum products or any hazardous/toxic or unhealthy materials or
substances, including friable asbestos materials, as defined by applicable State or Federal law;
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General Conditions to USPS Sub Lease
b.there are no undisclosed underground storage tanks or associated piping, ACBM, radon, lead-based paint, or lead piping or solder in drinking
water systems, on the propert y; and
c.it has not received, nor is it aware of, any notification or other communication from any governmental or regulatory entity concerning any
environmental condition, or violation or potential violation of any local, state, or federal environmental statute or regulation, existing at or adjacent to
the property.
10.F ACILITIES NON DISCRIMI NATION
a.By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of
its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated
facilities are maintained.
b.The Landlord will insert t his clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations,
or orders issued under E xecutive Order 11246.
11.CL AUSES REQUIRED TO IMPLEM ENT POLICIES, STATUTE S, OR EXECUTIVE ORDERS
The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in the Postal Service’s Supplying
Principles and Pract ices, accessible at www.usps.com/publications.
Clause 1-1, Privacy Protection (July 2007)
Clause 1-5, Gratuities or Gifts (March 2006)
Clause 1-6, Cont ingent Fees (March 2006)
Clause 4-2, Contract Terms and Conditions Required to Implement Policies, Statues or Executive Orders (July 2009)
Clause 9-3, Davis-Bacon Act (March 2006)1
Clause 9-7, Equal Opportunity (March 2006)2
Clause 9-13, Aff irmative Action for Handicapped Workers (March 2006)3
Clause 9-14, Aff irmative Action for Disabled Veterans and Veterans of the Vietnam Era (March 2006)4
Clause B-25, Advertising of Cont ract Awards (March 2006)
Note: For purposes of applying the above standard clauses to this Lease, the terms “supplier,” “contractor,” and “lessor” are synonymous with
“Landlord,” and t he term “cont ract” is synonymous with “Lease.”
1 For premises with net interior space in excess of 6,500 SF and involving construction work over $2,000.
2 For leases aggregating payments of $10,000 or more.
3 For leases aggregating payments of $10,000 or more.
4 For leases aggregating payments of $25,000 or more.
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