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07 Staff Report - Fire and Emergency Access Easement on Towns North Side Parking Lot~pW N OF 3a .'a4t!~~ GAMS COUNCIL AGENDA REPORT DATE: February 14, 2008 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER MEETING DATE: 2/19/08 ITEM NO: 1-7 CONSENT SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH LOS GATOS SHOPPING CENTER AND FIVE DOT LAND AND CATTLE FOR A FIRE AND EMERGENCY ACCESS EASEMENT ON THE TOWN'S NORTH SIDE PARKING LOT (BETWEEN HIGHWAY 9 AND ANDREWS STREET). (APN 529-07-060). RECOMMENDATION: Adopt a resolution authorizing the Town Manager to execute an agreement with Los Gatos Shopping Center and Five Dot Land and Cattle for a fire and emergency access easement on the Town's North Side Parking Lot. BACKGROUND: The property owners of Los Gatos Shopping Center, Jim Zanardi and Five Dot Land and Cattle, submitted plans to upgrade the exterior of the existing building and portions of the existing parking lot. This is a prominent location and this shopping center is in need of a major remodel. Staff and the applicant have worked to create a high quality project that may be approved by the Development Review Committee (DRC). However, the shopping center structure is legal non- conforming in terms of existing emergency exits and existing exterior rear wall openings under the current uniform building codes adopted by the Town. The area immediately east of the shopping center's rear property line, within the Town's North Side Parking Lot, is a landscape strip approximately seven feet wide which is in need of rehabilitation. This area also contains pre-existing door openings, landings and stairways serving the shopping center which are also in need of rehabilitation. PREPARED BY: Bud N. Lortz Director of Community Development N:ADEV\CNCLRPTS\2008\FireandEmergencyAgreement.doc Reviewed by: Assistant Town Manager Clerk Administrator Finance Town Attorney imunity Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: NO BUILD EASEMENT February 14, 2008 DISCUSSION: Fire and Emergency Access Easement The property owner has requested approval of a ten foot fire and emergency access easement on the Town's property (North Side Parking Lot) to upgrade the rear of the shopping center and improve fire and emergency exits. The applicant would make improvements within the easement which include new stairways, trash receptacles, landscaping and lighting, the layout and placement of which will be approved by the Town. The uniform building code prohibits openings and emergency exits on a property line. While the current condition is legal non-conforming, the planned improvements for the shopping center would require that the openings and emergency exits be brought into conformance with the current code requirements. Fire and emergency access easements with adjacent property owners are an accepted method of addressing this requirement and avoiding costly and inefficient modifications to existing structures. The easement would place a restriction on a ten foot strip of the Town's land, which abuts the shopping center building, requiring it to remain clear of structures. Currently only exit landings and stairways, lighting, and landscaping exist within the affected area. The proposed easement would allow trash receptacles, improved stairways and service walkways, new trellis features, and improved landscaping and lighting, which will enhance the interface between the two properties. The Town may still utilize the ten foot strip in any appropriate manner which is not inconsistent with the fire and emergency access, stairways and trash receptacles permitted by the easement to serve the shopping center. There are existing irrigation lines and landscaping within the Town's landscape strip adjacent to the shopping center which are in need of removal and/or upgrade. The Town and shopping center will cooperate in tying new irrigation lines to the current water source provided to the area by the Town. There will be a separate irrigation system for the area of landscaping immediately adjacent to the shopping center, which will not interfere with the Town's overall system serving the landscaping for the North Side Lot. The shopping center will install new landscaping and irrigation and maintain the new landscape area adjacent to the shopping center and within the easement. The easement and all other rights and privileges granted under the agreement will terminate in the event that the shopping center buildings in existence at the time of the agreement are removed for another development or are destroyed by fire or other calamity and not rebuilt on the existing footprint of the buildings, as allowed by the Town's Zoning Code and Building Code. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: NO BUILD EASEMENT February 14, 2008 CONCLUSION: Staff recommends that the easement be granted for the following reasons: I. The easement will legalize and allow for the improvement of existing fire and emergency access; 2. The resulting landscape and facade improvements will greatly improve the existing interface between the shopping center and the Town's North Side Lot; and 3. The Town currently has no intention of developing any portion of the North Side Lot with buildings; thus, the general character and use of the land will remain the same. If the Council authorizes the Town Manager to execute the fire and emergency access easement agreement, staff will continue to work closely with the property owners to develop a project that will significantly improve the shopping center and the interface between the shopping center and the Town's North Side Lot. FISCAL IMPACT: None. Attwhment* Resolution authorizing the Town Manager to execute an agreement with Los Gatos Shopping Center and Five Dot Land and Cattle for a fire and emergency access easement on the Town's North Side Parking Lot (Fire and Emergency Access Easement Agreement is Exhibit "A" to the Resolution without the exhibits referenced in Exhibit "A" to the resolution) Distribution: Los Gatos Shopping Center, LLC, 16401 S. Kennedy Road, Los Gatos, CA 95030 BNL: RT: JP RESOLUTION NO. RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH LOS GATOS SHOPPING CENTER AND FIVE DOT LAND AND CATTLE FOR A FIRE AND EMERGENCY ACCESS EASEMENT ON THE TOWN'S NORTH SIDE PARKING LOT (BETWEEN HIGHWAY 9 AND ANDREWS STREET) (APN 529-07-060). WHEREAS: A. The property owners of Los Gatos Shopping Center submitted plans to upgrade the exterior of the existing building and portions of the existing parking lot. B. The Los Gatos Shopping Center is a prominent location in the Town and is in need of a major remodel. C. The area immediately east of the shopping center's rear property line, within the Town's North Side Parking Lot, is a landscape strip approximately seven feet wide which is in need of rehabilitation, and said area also contains pre-existing door openings, landings and stairways serving the shopping center which are also in need of rehabilitation. D. The uniform building code prohibits openings and emergency exits on a property line. While the current condition is legal non-conforming, the planned improvements for the shopping center would require that the openings and emergency exits be brought into conformance with the current code requirements, unless a fire and emergency access easement can be developed with adjacent property owners, as has occurred in similar situations in order to avoid costly and inefficient modifications to existing structures. E. The property owner has requested approval of an agreement (attached and incorporated herein as Exhibit "A" to this resolution) providing a ten foot fire and emergency access easement on the Town's property (North Side Parking Lot) in order to upgrade the rear of the shopping center and improve fire and emergency exits. The applicant would make improvements within the easement which include new stairways, trash receptacles, landscaping and lighting, the layout and placement of which will be approved by the Town. F. The easement agreement would place a restriction on a ten foot strip of the Town's land, which abuts the shopping center building, requiring it to remain clear of structures. Currently only exit landings and stairways, lighting, and landscaping exist within the affected area. The easement agreement would allow trash receptacles, improved stairways and service walkways, new trellis features, and improved landscaping and lighting, which will enhance the interface between the two properties. The Town may still utilize the ten foot strip in any appropriate manner which is not inconsistent with the fire and emergency access, stairways and trash receptacles permitted by the easement agreement to serve the shopping center. C:\Documents and Settings\jpaulson.LOSGATOSCA\Desktop\LG Shopping Center Easement Resolution.rtf Page I of 2 G. The easement and all other rights and privileges granted under the agreement will terminate in the event that the shopping center buildings in existence at the time of the agreement are removed for another development or are destroyed by fire or other calamity and not rebuilt on the existing footprint of the buildings, as allowed by the Town's Zoning Code and Building Code. RESOLVED: That the Town Manager is hereby authorized to execute an agreement in substantially the form attached hereto and incorporated herein as Exhibit "A" hereto. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the I9th day of February, 2008, by the following vote: 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 C:\Documents and Settings\jpaulson.LOSGATOSCA\Desktop\LG Shopping Center Easement Resolution.rtf Page 2 of 2 Recording Requested by: When Recorded, Mail to: SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE Fire and Emergency Access Easement Agreement Preamble and Recitals This agreement is entered into between Los Gatos Shopping Center LLC, a California Limited Liability Company (hereinafter "Grantee V) and Five Dot Land & Cattle Company, a California Corporation (hereinafter "Grantee 2") and Town of Los Gatos (hereinafter "Town"). 1. Grantee 1 and Grantee 2 own certain lands, commonly known as the "Los Gatos Shopping Center"; the description of those lands and the ownerships thereof are set forth below. (Sometimes below these two grantees are referred to collectively as "Grantees".) 2. Town is the owner of certain lands known as the "Northside Lot", situated within the Town of Los Gatos; this parking area lies in part along the eastern boundary of the Los Gatos Shopping Center. 3. Grantees propose certain improvements to the Shopping Center which is subject to the Town's Planning Ordinances and Building Codes; application for architectural and site review (Application No. S-06-14 for both Grantees) is currently pending before the Town. 4. The Shopping Center structure is legal non-conforming in terms of emergency exits and exterior rear wall setback and construction of rear emergency exit hallways, under the Town's current codes. 5. The area immediately east of the Shopping Center's rear yard lot line, within the Northside Lot, is a 7+/- ft. landscape strip which is difficult for the Town to maintain and in need of rehabilitation. This area also contains certain pre-existing door openings, landings and stairways to serve the Shopping Center. 6. The Town generally supports the improvement of Los Gatos Shopping Center as part of the Downtown, as well as desires the enhancement and maintenance of the landscape strip within its Northside Lot. EXHIBIT A 7. The Town is willing to grant a ten foot (10 ft.) easement area immediately adjacent to the shopping center over its Northside Lot (the "Servient Tenement"), for the purpose of what is commonly referred to as a "no building zone", specifically to be utilized by the Los Gatos Shopping Center for improved fire and emergency access which includes stairways as approved by the Town, as well as trash receptacles, the placement of which will be approved by the Town with appropriate limitation on parking within the adjacent public spaces. 8. The Town has no intention of developing any portion of the Northside Lot with buildings; thus, the general character and use of its land shall remain the same as before the grant of this easement, subject to certain improvements herein specified. 9. The easement shall run in favor of Grantee 1 and Grantee 2 ("Dominant Tenements"), subject to certain conditions specified below. The Dominant Tenements are described and specified as to parcels within the ownership of each Grantee in Exhibit A hereto, and shown and coded to parcels within the ownership of each Grantee on the Map attached as Exhibit B hereto. 10. The easement is described and platted in Exhibit C hereto. Now, therefore, in consideration of good planning to conform to current Zoning, Building and Safety Codes, and enhancement of the interface between the rear of the Los Gatos Shopping Center and the Town's parking area by new landscaping, irrigation, lighting and other features, as well as maintenance by Grantees, the parties agree as follows: Grant of Easement 1. Town hereby grants to Grantees as to their respective dominant tenements an easement, on the terms and conditions set forth in this agreement. Character of Easement 2. The easement granted in this Agreement is appurtenant to the Dominant Tenements, commonly known as Los Gatos Shopping Center. General Description of Easement The easement granted by this Agreement is a restriction on a 10 ft. strip of the Town's land (Exhibit C hereto), which abuts the Dominant Tenement to remain clear of structures by the Town, which is the present character of the land, except certain minor structures at specific locations which shall be specified in the Town's development permit for the shopping center, but generally these structures include trash receptacles, stairways and service walkways, trellis features, landscaping and lighting, all of which will enhance the interface between the Northside Lot and Los Gatos Shopping Center parcels and improve the appearance of the Northside Lot's landscape strip within the 10 ft. easement area. The structures serving emergency access trash receptacles may be modified from time to 2 time with the approval of the Town to meet any changes in emergency and fire code requirements. Notwithstanding the above easement restrictions and rights granted herein, the Town may utilize the 10 ft. strip in any appropriate manner which is not inconsistent with the fire and emergency access, stairways and trash receptacles permitted by this easement to serve the shopping center. Cooperation of the Parties 4. There are existing irrigation lines and landscaping within the Town's landscape strip adjacent to the shopping center which are in need of removal and/or upgrade. The Town and Grantees shall cooperate in tying new irrigation lines to the current water source provided to the area by the Town. There shall be a separate irrigation system for the area of landscaping immediately adjacent to the shopping center, which will not interfere with the Town's overall system, serving the landscaping for the Northside Lot. Exhibit D hereto shows the existing and proposed landscape plan for the area adjacent to the shopping center. Grantees shall provide maintenance to the new landscaping to be installed adjacent to the shopping center and within the easement as part of the overall maintenance of the landscaping of the center. Term of Easement The easement and all other rights and privileges granted under this Agreement shall terminate, in the event that the shopping center buildings in existence at the time of this Agreement are removed for another development or are destroyed by fire or other calamity and not rebuilt on the existing footprint of the buildings, as allowed by the Town's Zoning Code and Building Code within the prescribed time limits there contained for non-conforming structures. Further, the Town shall have the right to suspend this easement upon a specific finding of emergency to protect the public health and/or safety of the citizens of the Town. Indemnification 6. Grantees shall severally and individually hold harmless and indemnify the Town from any liability arising from injury to persons or property arising from Grantees use of the easement granted herein. Assignability 7. This agreement runs with the land and shall be assignable to subsequent transferees of Grantees. Attorney Fees 8. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorney fees, costs and expenses incurred in the action or proceeding by the prevailing party. Entire Agreement 9. This Agreement constitutes the entire agreement between Town and Grantees relating to the above easement. It may be incorporated in the conditions of approval of the Town for the pending development applications for the shopping center. Applicable Law 10. This Agreement shall be interpreted under the laws of the State of California. Any action filed regarding this Agreement shall be filed in the Superior Court of the County of Santa Clara. Recordation 11. This document shall be recorded in the Office of the Santa Clara County Recorder's Office; and it contains the entire agreement between the parties. Execution This Agreement is executed on , 2008, and shall be recorded promptly thereafter. TOWN Town Manager Town of Los Gatos GRANTEE I Los Gatos Shopping Center LLC GRANTEE 2 Five Dot Land & Cattle Company APPROVED AS TO FORM Town Attorney 4 ACKNOWLEDGEMENTS LG Shopping Center Easement (2/13/08)