06 Staff Report - Santa Clara Valley Water District LeaseMEETING DATE: 11/7/05
°W N 0 ITEM NO.
" COUNCIL AGENDA REPORT
GO
DATE: OCTOBER 27, 2005
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: AMENDMENT TO LEASE AGREEMENT WITH SANTA CLARA VALLEY
WATER DISTRICT
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN
THE TOWN OF LOS GATOS AND THE SANTA CLARA VALLEY WATER
DISTRICT USED FOR RECREATIONAL USE AS A BICYCLE AND
PEDESTRIAN PATH ALONG LOS GATOS CREEK
RECOMMENDATION:
Adopt resolution (Attachment 1) authorizing the Town Manager to execute an amendment to the
lease agreement (Exhibit A) between the Town of Los Gatos and the Santa Clara Valley Water
District used for recreational use as a bicycle and pedestrian path along Los Gatos Creek.
BACKGROUND:
At the Council meeting of October 3, 1994, Council authorized the Town Manager to enter into a
Lease Agreement (Joint Use) with the Santa Clara Valley Water"District (District) adding Project
9328 (Los Gatos Creek Trail) to the existing areas of the joint use right-of-way. The joint use
agreement with the District allowed the Town to build a section of the trail over District right-of-way
and provided for joint use.
DISCUSSION:
The Santa Clara Valley Water District has notified the Town (Attachment 3) that the County Parks
and Recreation Department has been maintaining a portion of the trail along Los Gatos Creek rear
Knowles Drive which was part of the j oint use agreement. This section of the trail was included by
the County and the District in their joint use agreement which was recently approved by both
agencies. This area is no longer maintained by the Town.
PREPARED BY: o E. Curtis
irector of Parks and Public Works
Reviewed by: Assistant Town Manager f Attorney Clerk Administrator
Finance Community Development V Revised: 10/27/05 2:41 pm
Reformatted: 5/30/02 NAB&MCOUNCIL REPORTS\scvwd.amendment.to.lease.agreement.LGereek.wpd
i
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: AMENDMENT TO LEASE AGREEMENT FOR RECREATIONAL USES
ALONG LOS GATOS CREEK
OCTOBER 27, 2005
CONCLUSION:
It is recommended that the Council adopt the attached Resolution authorizing the Town Manager
to execute an Amendment to the Lease Agreement with the District to relieve the Town of the
responsibility for this small section of the trail along Los Gatos Creek near Knowles Drive that was
included in the original agreement with the District.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to Sections 15301(c), 15303(e) and 15304(b) of the
State CEQA guidelines.
FISCAL IMPACT:
There is no fiscal impact associated with this amendment to the agreement.
.Attachments:
1. Resolution approving amendment to Lease Agreement with Santa Clara Valley Water District
with (Exhibit A - Amendment) and (Exhibit B - Location Map)
2. Council Report dated October 3, 1994 - (includes original agreement),
3. Letter from Santa Clara Valley Water District dated October 4, 2005
Distribution:
Richard P. Santos, Chair/Board of Directors, Santa Clara Valley Water District, 5750 Almaden
Expressway, San Jose, CA 95118-3686
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING AN AMENDMENT TO THE LEASE AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND
SANTA CLARA VALLEY WATER DISTRICT
FOR RECREATIONAL USES ALONG LOS GATOS CREEK
WHEREAS, the Town of Los Gatos and Santa Clara Valley Water District
entered into an agreement entitled Lease Agreement (Joint Use), effective October 1, 1994 for
recreational uses on the premises along Los Gatos Creek; and
WHEREAS, a portion of the trail covered by the agreement, along Los Gatos Creek
near Knowles Drive, is no longer operated by the Town; and
NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town of
Los Gatos hereby approves the attached Amendment to the Agreement dated October 4, 2005 to
exclude the portion of the trail on lands identified on Exhibit B of the Agreement as Project No.
3020 - File No. 56, a portion of Assessor's parcel number 424-32-065.
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and
directed to execute said Amendment to the Agreement on behalf of the Council.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos held on the day of , 2005, by the following vote:
I_ _ COUNCIL MEMBERS:
AYES :
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA Attachment 1
G -
AMENDMENT
TO LEASE AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND THE
SANTA CLARA VALLEY.WATER DISTRICT CLERIC DEPARTMENT
FOR RECREATIONAL USES ALONG LOS GATOS CREFKR 4~,
IIIH C~yyL ,,U IL
4'
This agreement is made and entered into on this 41y-dav of. r 200§; ` ec ive
Date") by and between the Town of Los Gatos ("Town") and Santa Clarall~ e
District ("District") a public entity.
RESO
RECITALS
Whereas, on December 20, 1994 Town and District entered into an agreement entitled
"LEASE AGREEMENT (Joint Use)", effective October 1, 1994 for recreatiorial. uses on
premises along Los Gatos Creek; and .
Whereas, a portion of the trail on lands covered by the Agreement is no longer operated ;
by the Town;
The parties agree to amend the agreement as follows: .
AGREEMENT PROVISIONS
The portion of the trail 'on lands identified on Exhibit B of the Agreement as~ Project.No.
3020, file no. 56, a portion of Assessor's parcel number 424-32-065 shall be excluded
from the Agreement.
All of the terms and conditions of the original agreement not specifically modified by this
amendment shall remain in full force and effect. r
Witness the execution hereof on the day and year first written above.
"Town"
Town of Los Gatos
By:
"District"
Santa C.lara Valley Water District,
Stn M. Williams
Chief Executive Officer
APPROVED AS TO FORM:
Attorney'
ATTEST:
MARLYN J. RASMUSSEN
CLERK ADMINISTRATOR
D AS Tom' FORM:
Counsel
DEPARTMENT APPROV L.
41
JOHN CURTIS
DIRECTOR OF PARKS AND PUBLIC WORKS
Exhibit A
Exhibit B
OCT-27-2005 THU 12:43 PH TOWN OF LOS GATOS
N
F--•
COUNCIL AGENDA
DATE: 10/3/94
ITEM N0.
TUWN OF LOS _GATOS
COUNCIL AGENDA REPORT
DATE:
September 28, 1994
TO:
MAYOR AND TOWN COUNCI
FROM:
TOWN MANAGER Yom"
SUBJECT:
LOS 9ATQS CREEK TRAIL
A. ADOPT RESOLUTION AUTHORIZING TOWN MANAGER TO SIGN FIRST
AMENDMENT TO AGREEMENT #1 FOR PARK PROJECT ( LOS GATOS
CREEK TRAIL) BETWEEN COUNTY OF SANTA CLARA AND TOWN OF LOS
GATOS
B. ADOPT RESOLUTION AUTHORIZING TOWN MANAGER TO SIGN
AGREEMENT #2 FOR PARK PROJECT (LOS GATOS CREEK TRAIL)
BETWEEN COUNTY OF SANTA CLARA AND TOWN OF LOS GATOS
C. ADOPT RESOLUTION AUTHORIZING MAYOR TO SIGN JOINT USE
AGREEMENT WITH SANTA CLARA VALLEY WATER DISTpicT ADDING
PROJECT 9328 (LOS GATOS CREEK TRAIL) TO THE EXISTING ARFa4S OF
JOINT USE RIGHT-OF-WAY
RECQMMFNDATION:
P. 01
a. Adopt resolution authorizing Town Manager to sign first amendment to Agreement #1 for park
project (Los Gatos Creek Trail) between County of Santa Clara and Town of Los Gatos
h. - Adopt resolution authorizing Town Manager to sign Agreement #2 for park project (Los Gatos
Creek Trail) between County of Santa Clara and Town of Los Gatos
0. Adopt resolution authorizing Mayor to sign Joint Use Agreement with Santa Clara Valley Water
District adding Project 9328 (Los Gatos Creek Trail) to the existing areas of joint use right-of-way
BACKGROUND,
On September 6, Town Council approved an amendment extending the 1993-94 contract with the
County from June 30, 1994 to September 30, 1994. The County has asked that the extension be
through December 30, 1994. This change will give the County Board adequate time to act on the
extension and will not negatively affect the Town,
Agreement #2 with the County is for the $150,000 Creek Trail grant awarded for 1994-as. This
agreement Is similar to the 1993-94 agreement that is being extended until December.
PREPARED aY: MARK UNDE , Aristant Town Manager
ML:pm
MGR074 A:\CNCLRPTS\10.9.2
Reviewed by:,
ClerkWin)nce Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
i Attachment 2
FAX NO. 4083548431
C-?'f
OCT-27-2005 THU 12:43 PM TOWN OF LOS GATOS FAX NO. 4083548431
P, 02
PAGE 2
MAYOR AND TOWN COUNCIL.
SUBJECT: LOS GATOS CREEK TRAIL
September 28, 1994
The Joint Use agreement with the Santa Clara Valley Water District allows the Town to build a section of
the trail over District right-of-way and provides for joint use following construction. The Water District
needs access to maintain the creek bed.
DMusstnN.
Each of these agreements Is related to construction of the Los Gatos Creek Trail. The extension of the
1093-94 agreement with the County until December 1994 allows the Town to receive $38;000 In
reimbursement for construction costs. The Town would lose this money without the extension, The
initial extension approved by Council on September 6 will not get on the County Board agenda until
October. Since that extension was until September 30 the only recourse is to redo the amendment and
extend the contract until December 31.
Agreement #2 formalizes the $150,000 grant Wward to the Town for Los Gatos Creek Trait' construction
in 1994.95. The County Perks Board has been very generous and supportive of the Town's efiic to
complete the Creek Trail. The 1993-94 and 1994-95 grants total $302,000.
The agreement with the Santa Clara Valley Water District is a twenty-year lease for joint use of the
section of the trail on District right-of-way, The agreement Is needed to work on that section and to
allow public access when trail is open. The Water District will maintain the creek bed and the agreement
assures access once the trail Is built.
EUVIRQNMENTAL ASSESSMENT
These agreements are not a project subject to CEQA. The Creek Trail project received a negative
declaration In 1987, and there has been no substantive change In the project_
FISCAL IMPACT,
The two agreements with the County assure the Town of $302,000 for Los Gatos Creek-trail
construction. $188,000 will be received in Fiscal Year 1994-95, $114,000 has been received. There Is no
fiscal Impact with the Joint Use Agreement between the Santa Clara Valley Water District and the Town.
Atta m t
1. Resolution authorizing Town Manager to sign first amendment to agreement for park project
between the County of Santa Clara and the Town of Los Gatos
2. Resolution authorizing Town Manager to sign second agreement for park project between the
County of Santa Clara and the Town of Los Gatos
3. Resolution authorizing Mayor to sign Joint Use agreement between the Santa Clara Valley %later
District and the Town of Los Gatos
Dlstri~ion,•
Debbie Turpin, Santa Clara County Parks & Recreation Department - 298 Garden Hill Delve, Los Gatos,
CA 95030
Sally S. La Mere, Senior Real Estate Agent, Santa Clara Valley Water District - 5750 Almaden
Expressway, San Jose, CA 95116-3686
OCT-27-2005 THU 12:43 PM TOWN OF LOS GATOS FAX NO, 4083548431
P. 03
1
RESOLUTION NO.
RESOLUTION OF THE 'M'OWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO SIGN
FIRST AMENDMENT TO AGREEMENT #1 WITH
THE COUNTY OF SANTA CLARA
FOR PARK PROJECT (LOS GATOS CREEK TRAIL)
RESOLVEI), by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town of Los Gatos enter into a First Amendment
to Agreement #1 with the County of Santa Clara for park project (Los Gatos Creek ']Frail),
and that the Town Manager is authorized, and is hereby directed, to execute said First
Amendment to Agreement #1 in the name and oil behalf of the Town of Los Gatos (as
attached),
PASSED AND ADOP'T'ED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the day of , 1994 by the
following vote:
COUNCIL MEMBERS:
AYES: - - - -
NAYES:
ABSENT:
ABSTAIN.
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA.
MCi1W74 n:\oNC1.Rr1•s\10--3 a2R S.A
OCT-27-2005 THU 12:43 PM TOWN OF LOS GATOS
FAX NO. 4083548431
jy-"
FIRST AMMMENT TO AGREEMENT FOR PARK PROJECT
H'ETWEEN COUNTY OF" SANTA CLARA AND THE TOWN OF LOS GATOS
P. 04
of
J~ I III
This Agreement is made and entered into between the COUlNT`,r
OF SANTA CLARA, a political subdivison of the State of California
(hereinafter referred to as "COUNTY") and the TOWN OF LOS GA.TOS
(hereinafter referred to as "TOWN").
WHEREAS, the COUNTY and -the TOWN entered into a funding
agreement for the County's providing $152,000 from the Park.
Charter Fund dedicated to Park Projects to the TOWN to provide
partial funding for the cost of construction of nine-tenths mile
of the pedestrian trail located between Forbes Mill Footbridge
and Roberts Road;
WHEREAS, delays beyond the control of the TOWN occasioned by
CalTrans providing a right-of-way and requirements to re-bid the
contract require a 90-day extension to the Agreement;
WHEREAS, the TOWN requires an extension beyond the
termination date of June 30, 1994, so as not to lose $38,000 in
funding since the underlying Agreement states that failure to
expend the funds by June 30, 1994 will cause the funds to revert
to the COUNTY for possible reprogramming;
a
WHZREAS, the parties desire to enter into a ~9.9--day extension
to achieve the purposes of the underlying Agreement.
- - -
NOW, THERE FOIRE in consideration of-- the--mutual -promises,
covenants and conditions, the COUNTY and the TOWN agree as
follows:
1.. Section IV, entitled COMPENSATION (COUNTY) is amended to
provide as follows:
Said contribution must be expended by December 31,1994, or
said funds will revert to the COUNTY for possible reprogramming.
The third paragraph of Section IV is further amended as
follows!
Funds contributed by the COUNTY which are not expended prior
to December 31, 1994, under this Agreement, shall be returned to
the COUNTY.
2. Section V1, entitled TERM OF ,AGREEMENT is amended as
follows:
This Agreement shall become operative upon its execution by
the parties and shall remain operative until. December 33.,1;394, or
until completion of the project and payment by the COUNTY,
whichever occurs first.
OCT-27-2005 THU 12:43 PM TOWN OF LOS GATOS FAX NO. 4083548431 P. 05
.k..,
6
Except as expressly amended by this First Amendment,, all
remaining provisions of the Agreement remain in effect.
WHRREFORE, the parties by their duly authorized
representatives have entered into this First Amendment on the
date shown below
couNTY OF SANTA CLARA
Rod Diridon, Chairperson
Board of Supervisors
TOWN OF THOS GATOS
ATTEST: Phyllis A. Perez, Clerk
Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
tr,athry-nA Berry ILA,
Deputy County Counsel
KM : Mt
luberry\am=d
OCT-27-2005 THU 12:44 PM TOWN OF LOS GATOS FAX NO. 4083548431
RESOLUTION NO,
RESOLUTION OF THE TOWN OF LOS GATOS
AUTFIORIZING THE TOWN MANAGER TO SIGN
AGREEMENT #2 WITH
THE COUNTY OF SANTA CL.A:R,A
FOR PARIS PROJECT (LOS GATOS CREEK TRAIL)
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town of Los Gatos enter into an Agreement #2 'Mth the
County of Santa Clara for park project (Los Gatos Creek Trail), and that the Town
Manager is authorized, and is hereby directed, to execute said Agreement #i1, in the name
and on behalf of the Town of Los Gatos (as attached),
PASSED AND ADOPTED at a regular meeting of the Town Counei'l of the Town
of Los Gatos, California, held on the day of , 1994 by the
following vote,
COUNCXL, MEMBERS:
AYES; - - - -
NAYES:
ABSENT,
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GKFOS
LOS GATOS, CALJFORNIA
XMST:
CLERK OF THE TOWN OF LOS GATOS
LOS GXVOS, CALIFORNIA
P. 06
MGRO74 A:\CNCLRFrs\1 a3.29U.s,B
OCT-27-2005 THU 12;44 PH TOWN OF LOS GATOS FRX NO. 4083548431 P. 07
SECOND AGREEMENT
FOR PARK PROJECT BETWEEN
THE COUNTY OF SANTA CLARA AND
THE TOWN OF LOS GATOS
This Agreement is made and entered into between the COUNTY OF SANTA CLARA,
a political subdivision of the State of California (hereinafter referred to as "COUNT'SY") and the
TOWN OF LOS GATOS (hereinafter referred to as "TOWN"),
WHEREAS, certain property located between Forbes Mill Footbridge and Roberts Road,
in the Town of Los Gatos, California, is held under public ownership. The property (hereinafter
"trail project") shall be open for public access for all County residents and visitors on an equal
basis; and
WHEREAS, the COUNTY and the TOWN entered into a previous agreement dated
January 25, 1994, whereby the COUNTY provided $152,000 for partial payment of the costs
of construction of trail project; and
WHEREAS, the TOWN subrnitred a park funding proposal to the COUNTY to provide
partial funding toward the cost of eonstracdon of one quarter mile of trail, located between
Miles Avenue and Saratoga Avenue and one-tenth of a mile section of cantilevered trail as shown
on Exhibits 1A and 1B for the benefit of the public; and
NMEREAS, the COUNTY has requested as a condition of its funding, and tbz TOWN
- - has agreed, to undertake construction and to_assume-the obligation for continued ».a.intenance
of the trail in perpetuity; and
WHEREAS, the County Parks and Recreation Corm-nission reviewed the merits of the
project and conveyed its recommendation to the Board of Supervisors to approve the expenditure
of an additional $150,000.00 from the Park Charter Fund dedicated to park projects to assist the
TOWN with the Project; and
WHEREAS, the COUNTY desires to contribute funds fxom the COUNTY .Park Charter
Fund 19941995 budget necessary for the completion of the Project.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
herein, COUNTY and TOWN agree as follows.
SECTION I. FINDING "FOR PARK PURPOSES"
The Board of Supervisors has reviewed the facts in support of the Project and the
recommendation of approval by the County Parks and Recreation Commission that the COUNTY
expend $150,000.00 of the Park Charter Fund dedicated to park projects within the COUNTY's
-1--
OCT-27-2005 THU 12:44 PM TOWN OF LOS GATOS
y
FAX NO. 4083548431
1994-1995 budget, and hereby finds that thy: Project is located in Santa Clara County, 101111t the
Project is on lands which are under public ownership, that it will be open to the public for park
purposes, and will benefit all citizens of Santa Clara County, and that it will serve county park
purposes.
RECTYON.11. PROJECT
1. Responsibility of TOWN. The TOWN shall have the responsibility for the following
matters with respect to the Project, which matters are hereinafter referred to as "Project",
and TOWN shall act promptly and without delay with respect to such matters.
a) Shall satisfy the condition of maintaining the property as a public park upon
which the Project is located with assurances of non-exclusive public access to the
Project.
P. 08
b) Preparation of plans and specifications for Project and constructions and or repairs
associated with the Project.
i
e) Hiring, contracting for, or otherwise retaining the professional services of
architects, engineers, and other professional experts as required,
d) Securing all approvals of all government agencies, which are a prerequisite of the
Project, The TOWN, as a condition of this grant, shall use its best offorts to
secure permanent public access and ownership of the trail sections -to be
constructed with the COUNTY'S contribution and shall further report to the
COUNTY the status of these negotiations with an estimate of the time of
completion of ownership thereof as a condition of the release -of the -final-- - -
payment.
i
e) Obtaining bids in accord with the requirements of the COUNTY aid ,awarding the
contract for construction of the Project and supervising and administering the
Project.
f) Securing performance and payment bonds or other acceptable guarantees to assure
completion of the Project and the payment of laborers and suppliers oJ' rru1terial.
g) As a condition of funding, the TOWN shall recognize the financial contribution
of the Santa Clara County Board of Supervisors and the County Parks and
Recreation Commission by providing permanent signage to that effect on the site.
2. Capital Contributions by Parties to Project.
a) COUNTY's contribution is conditioned upon the TOWN's first providing
evidence of public ownership and permanent public access of the real property
-2-
OCT-27-2005 THU 12,44 PM TOWN OF LOS GATOS FAX NO. 4083548431 P. 09
upon which the trail shall be constructed to the Santa Clara County Parks and
Recreation Department for lands on which the Project is situated.
b) COUNTY's contribution shall be expended exclusively for the constraction of the
park Project for one-quarter mile of trail located between Miles Avenue and
Saratoga Avenue and one-tenth mile section of cantilevered trail as shown on
Exhibits IA and 1B attached hereto and incorporated herein by reference,
c) 'The TOWN will be responsible for obtaining any excess funds needed for the
completion of the Project, and, be responsible for ongoing maintenance and
operation of the completed Project.
3. Minority Enterprises Policies. In awarding contracts under this Agreement,
TOWN shall comply with the Minority Business Enterprises Policies of COUNTY in
effect at time of award.
4. Public Park Purposes. Parties to this Agreement understand and agree that the
subject property anti/or Project improvements are to be open to all members of the public
for public park purposes regardless of the underlying ownership of the property.
SECTION TIT. OPERATION AND MAINTENANCE
it is mutually understood that the Project will be constructed, operated and maintained
by the TOWN for the benefit of the public,
ECTION IV'4_ COMPENSATION (COUNTY)
As set forth in the Recitals and in Paragraphs Section IX, 1. a) and 1. b) and in Section
2, a) , the COUNTY shall contribute a sum of $150,000.00 to be used only for Project as set
forth herein. Said sum shall be set aside by COUNTY out of appropriated funds in the 1994-
1.995 fiscal year, to be paid on a reimbursement basis. TOWN will provide COUN'TY' a
detailed, itemized invoice requesting reimbursement of costs of the Project inoirred by the
"TOWN. TOWN's invoice shall be submitted to the County Director of Parks and I~P.creation,
along with a copy of any payment receipts indicating the amount of progress payments made by
the TOWN and a report of the status of the Project, a copy of construction inspection reports,
if applicable, indicating amount of work completed and copies of any release of liens or payment
bonds therefore to protect subcontractors, if applicable,
If the invoice is satisfactory, COUNTY shall provide payment to TOWN within 30 days
of receipt of a satisfactory invoice. If the invoice is not satisfactory, COUNTY has the option
to require additional information which will cause the invoice to be satisfactory, or to pay the
part of the invoice which is satisfactory and decline payment for the remainder, or combination
thereof. COUNTY's contribution must be expended by December 31, 1995, or said funds will
revert to the COUNTY for possible reprogramming.
-3-
OCT-27-2005 THU 12:44 PM TOWN OF LOS GATOS FAX NO. 4083548431
Records of the Project shall be maintained for audit purposes for three years after
completion of the Project or until all claims are settled, whichever occurs last, All records and
data shall be available to COUNTY upon reasonable notice within five (5) working days of a
request by COUNTY. TOWN shall repay COUNTY with interest at the rate earned on
COUNTY's investments for any unauthorized expenditures disclosed by audit or inspection,
including the cost of the audit, within -thirty (30) days of demand by COUNTY, Prior to
dh,posal of any such records, TOWN sW1 notify COUNTY and COUNTY sia.all have the
opportunity to place records in storage unless written release is granted by the Director oil the
Parks and Recreation Department, Funds contributed by the COUNTY which are not expended
prior to December 31, 1995, under this Agreement shall be returned to the COUNTY,
SECTION V. LIABILITY
TOWN shall defend, indemnify and hold harmless COUNTY, its officers, employees,
mid agents from any loss, injury, or damage arising out of or in connection with any acts or
omissions related to the Project or to the performance of this Agreement.
~SECTiO VI. TERM OF AGREEMENT
This Agreement shall become operative upon its execution by the parties and shall remain
operative with the TOWN until December 31, 1995, or until completion of the Project and
payment by the COUNTY, whichever occurs first, The obligations for public ac=s as a park
on an equal basis to all citizens of the COUNTY shall remain operative in perpetuity.
SECTION, VII. AUTHORIZED SIGNATURES
P. 10
The TOWN has appointed the undersigned and has conferred-to that person the authority - -
to execute this Agreement,
SEC'CI011T VIII, NOTICES
Any notices provided herein shall be mailed to the respective parties address as follows:
COUNTY: Director
Parks and Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95030
TOWS]: ToNvu of Los Gatos
Los Gatos, California 95030
-4-
OCT-27-2005 THU 12:44 PM TOWN OF LOS GATOS
FAX NO. 4083548431 P. 11
4
WHEREFORE, the parties by their duly authorized representative(s) have entered into
this Agreement on the date shown below.
COUNTY OF SANTA CLARA
ROD DIRIDON, Chairperson
Board of Supervisors
Dated;
ATTEST; PHYLLIS A. PEREZ, Clerk
Board of Supervisors
APPROVED AS TO FORM AND LEGALITY;
II~ `
-
1 KATHRYN . BERRY
Deputy County Counsel
M:sniw
1vberry\pkpwj\1os&8tos.2nd
TOWN OF LOS GATOS
Date;
-5-
OCT-27-2005 THU 12:44 PM TOWN OF LOS GATOS FAX NO, 4083548431
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OCT-27-2005 THU 12:44 PM TOWN OF LOS GATOS
RESOLUTION NO.
FAX NO. 4083548431
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO SIGN
A JOINT USE AGREEMENT WITH
THE COUNTY OF SANTA. CLARA
ADDING PROJECT 9328 (LOS GATOS CREEK. TRAIL)
TO THE EXISTING AREAS OF JOINT USE RIGHT-OF-WAY"
RESOLVFA, by the Town Council of the Town of Los Gatos, County of Santa
Clare, State of California, that the Town of Los Gatos enter into a joint use agreement with
the County of Santa Clara adding Project 9328 (Los Gatos Creek Trail) to the existing areas
of joint use right-of-way, and that the Town Manager is authorized, and is hereby directcd,
to execute said joint use agreement in the name and on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the day of , 1994 by the
following vote:
COUNCIL MEMBERS:
--A.YFS: - - - - - - -
NAYCS:
ABSENT:
ABSTAIN:
SIGNED:
XITEST;
MAYOR OF DIE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA,
P. 13
MGRV4 /k\CNCLRrrS\10-3-2fLE`- C
OCT-27-2005 THU 12:45 PM TOWN OF LOS GATOS
LEASE AGREEMENT
(Joint Use)
FAX NO. 4083548431 b P. ) 1_4Y
Pile: Joint Use
Town of Los Gatos
X-Pile: Us Gatos Creek
SAMNA CLAR,A VALLEY WATER DISTRICT, a public corporation, hereinafter referred to as
"District"; and the TOWN- OF LOS GATOS, a municipal corporation in the County of Santa Clara,
hereinafter referred to as "Town;" AGREE this day of
as follows:
RE, CIT.ALS:
A, District is the owner of certain real property (hereinafter "trite premises"), described on
"Exhibits A-$" hereto, so marked and by this reference made a part hereof.
B. The parties find it to be in the public inter"t to provide for joint use of the premises by means
of a lease thereof under the following terms and conditions.
AGREEMENT:
- 1._ District shall and does hereby lease the premises to Town for the following purpose or purposes
and subject to the following special restrictions.-_-- - - - -
Use as a public pedestrian and bicycle pathway and specifically prohibiting automobiles,
motorcycles, mopeds or motorized cycles of any kind.
21 This Lease shall he for a period of 20 years beginning on October 1, 1994. Town may, upon
written notice to District of intent to do so, given not less than ninety (90) days prior to the
termination date, renew this Lease for a like period upon the same terms and conditions. This
,ease may be terminated without cause by either party upon ninety (90) days priorwritten notice
to the other, Notice of intent to rene%r o.r to terminate may be given by Director of Public Parks
and Recreation for Town.
Notice of intent to terminate, may be given by the General Manager of District for the District.
3. Town shall have the full control and authority, for purposes of this Lease, over t he use of the
premises, and Town may restrict, or control, regulate and supervise the public use tliercof. Town
may, in its uncontrolled discretion (but consistent with the right of District hereinafter described,
and without substantial or hazardous diminution of the flood control or conservation function of
the premises as now existing or as may hereafter be altered), take any measures of every kind as
may in the opinion of Town be necessary for the safety of the users of the, premises for any lease
purpose. Further, Town shall have the sole responsibility for the maintenance in usable and safe
condition of every facility provided upon the premises for purposes of this Lease.
--11 1 of 4
OCT-27-2005 THU 12;45 PM TOWN OF LOS GATOS FAX NO. 4083548431 P. 15
Damage occurring to Town's structures or paving by reason of District's lawful maintenance or
other activity as by reason of natural forces will not be, the responsibility of District to repair or
restore,
4. District shall have the sole responsibility to maintain the channel of Los Gatos Creek for flood
control and water conservation purposes, to repair and reconstruct: the same where necessary for
such purposes and to perform such periodic maintenance as may be appropriate to such purposes,
including removal of silt, debris, and obstructive growth. It is expressly understood that District
is engaged in flood control and the conservation of water and that the terms and condition, of this
agreement shall not in any way interfere with the absolute, free and unrestricted right of District
to operate and maintain for flood control and water conservation purposes the stream bed and
banks or any appurtenant works thereto, or to repair or construct any of its works, or to raise or
lower the height of the water present upon the premises; and it is further understood that nothing
herein contained shall be construed a-s conferring a right upon Town to have or a duty upon
District to provide water upon the premises at any time. Damage to District's facilities arising
from use of the premises under this Lease shall be the responsibility of Town.
5. It is also expressly understood by Town that the level of water upon the premises may fluctuate
from day to day due to controlled or uncontrolled flows upon and across the same, and that such
fluctuations may require greater control over the use of the premises by Town and the public;
Provided, however, that Town shall be responsible for informing itself thereof and of all tither
conditions of the premises whether open or covered which may in anywise affect ilia health and
safety of the users of the premises hereunder; and provided, further, that Town shall not be
responsible for mosquito control on the premises, District shall have the affirmative duty to
immediately notify Town whenever District in the exercise of its flood control or water
conservation activities performs or intends to perform any major work of maintenance, repair or
reconstruction (other than routine removal of silt, debris, and obstructive growth) on th,- Premises
- - or on any District works appurtenant thereto. - -
6(a). Town shall have the right to build any improvements on the premises necessary, or convenient
to the enjoyment of this Lease; provided, the location of any such improvement is, in each case
during the term of this agreenncnt, first approved by District, It is fully understood and agreed
that DistricVs basis of approval or disapproval of improvements is its responsibility to insure that
the same, shall not constitute an obstruction to flood flows and shall not interfere with the use of
the premises for flood control or water conservation purposes, and does not in anywise extend
to consideration of the health and safety of users of the premises, which latter consideration is the
responsibility of Town.
6(b), Improvements built by Town on the premises shall remain the property of Town and upon the
termination of this Lease shall be removed by Town, leaving the promises in a condition as near
as reasonably possible to their condition prior to such improvements. If District, in the interest
of health and safety and in the exercise of lawful powers, requires that such an improvement must
be removed or relocated, the same shall be done at Town's expense.
7(a). Town shall assume the defense of, indemnify and hold harmless, District, its officers, agents, and
employees from all claims, liability, loss, damage, and injury of any kind, nature, or description
directly or indirectly arising during the initial term of this agreement, or any renewal thereof, and
resulting from the public use of the premises pursuant hereto or from public use of adjacent
promises, of 'District occurring in coi-Lsequence of Town's or the public's use of the premises or
from acts, omissions, or activities of Town's officers, agents, employees, or independent
PV 1111411 (41/011931 2 of 4
OCT-27-2005 THU 12;45 PM TOWN OF LOS GATOS FAX NO. 4083548431 P. 16
contractors employed by Town, excepting claims, liability, loss, damage, or injury which arise
from the willful or negligent acts, omissions, or activities of an officer, agent, or employee of
District. This agreement to defend, indemnify, and hold harmless shall operate irrespective of
whether negligence is the basis of the claim, liability, loss, damage, or injury and irrespective of
whether the act, omission, or activity is merely a condition rather than a cause.
7(b). District shall assume the defense of, indemnify, and hold harmless, Town, its officers, agents,
and employees from all claims, liability, loss, damage, and injury of any kind, nature or
description directly or indirectly arising from District's exercise of its flood control or water
conservation purposes on the premises pursuant hereto or from acts, omissions, or activities of
District's officers, agents, employees, or independent contractors employed by District excepting
claims, liability, loss, damage, or injury which arises from the willful or negligent acts., omissions
or activities of an officer, agent, or employee of Town. This agreement to defend, indemnify,
and hold harmless shall operate irrespective of whether negligence is the basis of the claim,
liability, loss, damage, or injury, and irrespective of whether the act, omission, or activity is
merely a condition rather than a cause,
h_ Any and'all notices required to be given hereunder shall be deemed to have been delivered upon
deposit in the United States mail, postage prepaid, addressed to either of tine parties at the. address
hereinafter specified or as later amended by either party in writing:
Town
District
Town of Los Gatos Santa Clara Valley Water District
Department of Public Works 5750 Almaden Expressway
110 East Main Street San Jose, California 95119
Los Gatos, California 95030
91 This agreement, and all the terms, covenants, and conditions hereof, shall apply-to- and bead the -
successors and assigns of the respective parties hereto; provided, that Town shall neither assign
nor sublet this agreement without prior written consent of District.
RE 173411 (01/01/93) 3 of 4
OCT-27-2005 THU 12:45 PM TOWN OF LOS GATOS
FAX NO. 4083548431
i i
WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth.
SANTA CLARA VALLEY WATER MSTRICT,
a public corporation
By:
Mayor, Town of Los Gatos
< <Town"
ATTEST:
Town Clerk
APPROVED AS TO FORM:
-Attorney kP-17341i (01/01/93)
By.
Chairman, Board of Directors
"District"
A17EST: SUSAN A. PINO
Clerk/Boacd of Directors
APPROVED AS TO FORM:
- - General _Counsel--
4of4
P. 17
OCT-27-2005 THU 12:45 PM TOWN OF LOS GATOS FAX NO. 4083548431
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f--., FAX NO. 4083548431
rs
RESOLUTION 1994-138
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING TIIF TOWN MANAGER TO SIGN
FIRST AMENDMENT TO AGREEMENT #1 WITII
THE COUNTY OF SANTA, CLARA
FOR PARK PROJECT (LOS GATOS CREEK "TRAIL)
P. 22
RESOLVE 1), by the Town Council of the'fown of Los Gatos, County of Santa
Clara., State of California, that the Town of Los Gatos enter into a First Amendment to
Agreement #1 with the County of Santa Clara for park project (Los Gatos Creek Trail),
and that the Town Manager is authorized, and is hereby directed, to execute said First
Amendment to Agreement #1 in the Frame and on behalf of the Town of Los Gatos (as
attached),
PASSED AND ADOPTED at a regular meeting of the "Town Council of the Town
of Los Gatos, California, held on the 3rd day of October, 1994 by the following vote:
COUNCIL MEMBERS:
AXES:
ABSENT:
ABSTAIN:
ATTEST;
Joanne Benjamin, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
None
Steven Blanton
None
SIGN D: /s/ Randy Attaway
MAYOR OF THL TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
/s/ Mariaul V, Cosgrove,
CLF,RK OF TiIE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA,
MG1 074 11 \C:NCl StI' f S\J 0-3~2ItL,5 A
OCT-27-2005 THU 12:46 PM TOWN OF LOS GATOS FAX NO. 4083548431
-N
RESOLUTION 7994-139
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING TIDE TOWN MANAGER TO SIGN
AGREEMENT #2 WITH
THE COUNTY OF SANTA CLARA
FOR PARR PROJECT (LOS GATOS CREEK, TRAIL)
P. 23
16Z)
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town of Los Gatos enter into an Agreement #2 with the
County of Santa China for park project (Los Gatos Creek Trail), and that the Town
Manager is authorized, and is hereby directed, to execute said Agreement #2 in the name
and on behalf of the Town of Los Gatos (as attached).
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 3rd day of October, 1994 by the following Grote:
COUNCIL MEMBERS:
AWES:
NAXES:
ABSENT:
ABSTAIN:
Joanne Ilenjarnin, Lincla Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
None
Steven Blanton
None
SIGNED; /s/ Randy Attaway
MAYOR OF THE TOWN OF LOS GATO.S
LOS GATOS, CALIFORNIA
ATTEST :
/s/ Marian V. Cosgrove
CLERIC OF THE 'T'O'WN OF LOS GATOS
LOS GATOS, CALIFORNIA
IaCCYR074 AACNCi,12M S~10-3-2X SX
OCT-27-2005 THU 12:46 PM TOWN OF LOS GATOS FAX NO. 4083548431 P. 24
a
RESOLUTION 1994440
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE 'T'OWN MANAGER TO SIGN
A JOINT USE AGREEMENT WITH
THE, COUNTY OIL SANTA. CLARA
ADDING PROJECT 9328 (LOS GATOS CREEK TRAIL)
TO THE EXISTING AREAS OF JOINT USE RIGHT-OF-WAY
RESOLVED, by the Town Council of the 'Down of Los Gatos, County of Santa
Clara, State of California, that the Town of Los Gatos enter into a joint use agreement with
the County of Santa Clara adding Project 9328 (Los Gatos Creek Trail) to the existing areas
of joint "Se right-of-way, and that the "Down Manager is authorized, and is hereby directed,
to execute said joint use agreement in the name and on behalf of the Town of Los Gatos.
PASSED ANl) ADOPTED at a regular nieethig of the Town Council of the Town
of LOS Gatos, California, .held on the 3rd day of October, 1994 by the following vote;
COUNCIL MEMBERS:
,AXES: Joanne Benjamin, Linde Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYFS: -None - - - - -
ABSRNT; Steven Blanton
ABSTAIN: None
SIGNED: /s/ Randy Attaway
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
AT f'EST:
/s/ Marian. V. Cosgrove
CLERK OTC THE TOWN OF LOS GATOS
LOS G ATOS, CALIFORNIA
MGM074 A,\CNCJ,1Un'8\10.3.2RB'S,C
4
i ,
OCT,1 19 2005
October 4, 2005
5750 ALMADEN EXPWY
SAN JOSE, CA 95118-3686
TELEPHONE (408) 265-2600
FACIMILE (408) 266-0271
www.valleywater.org
AN EQUAL OPPORTUNITY EMPLOYER
DISTRICT BOARD
OF DIRECTORS
ROSEMARY C. KAMEI
DISTRICT 1
JOEJUDGE
DISTRICT 2
RICHARD P. SANTOS
CHAIR, DISTRICT 3
LARRY WILSON
VICE CHAIR, DISTRICT 4
GREGORY A. ZLOTNICK
DISTRICT 5
TONY ESTREMERA
AT LARGE
SIG SANCHEZ
AT LARGE
The Honorable Mike Wasserman STANLEY M.WILLIAMS
Mayor of the Town of Los Gatos CHIEF EXECUTIVE OFFICER
110 East Main Street LAUREN L. KELLER
Los Gatos, CA 95030 CLERK OF THE BOARD
Subject: Amendment to Joint Use Agreement With the Town of Los Gatos for Bicycle and
Pedestrian Path Along Los Gatos Creek
Dear Mayor Wasserman:
For many years, our agencies have worked out agreements which expand the utility of publicly
held lands such as the area along Los Gatos Creek used for a recreational trail.
It recently came to our attention that County Parks and Recreation Department has been
maintaining the portion of the trail along Los Gatos Creek near Knowles Drive that was been
covered by a joint use agreement with the Town. The County of Santa Clara included this
section of the trail in their joint use agreement for the adjoining trail section approved by the
Board of Supervisors on August 3, 2005, and by the Santa Clara Valley Water District (District)
Board of Directors on September 6, 2005. The enclosed amendment to the existing joint use
agreement relieves the Town-of-responsibility for this small-section-of trail.---Please-provide the----
appropriate signatures to the enclosed amendment and return a signed copy to the District's
Clerk of the Board.
The joint use agreement remains in effect for other District lands along Los Gatos Creek until
2014 at which time we anticipate renewal of the agreement to allow continued recreational use
along the creek.
We consider this an excellent example of how governments can work together to save money
and expand services to the public.
M~2
Richard P. Santos
Chair/Board of Directors
Enclosures
cc: Board of Directors (7)
mk:j I
0930f-I.doc
Attachment 3