06 Staff Report - Amendment to Community Grant AgreementtpW N O,c
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COUNCIL AGENDA REPORT
DATE: April 27, 2009
TO:
FROM
SUBJECT
MAYOR AND TOWN COUNCIL
MEETING DATE: 5/18/09
ITEM NO:
GREG LARSON, TOWN MANAGER r/
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE AMENDMENT TO LEASE AGREEMENT BETWEEN THE
TOWN OF LOS GATOS AND THE LOS GATOS MUSEUM ASSOCIATION
AND AMENDMENT TO COMMUNITY GRANT AGREEMENT BY AND
BETWEEN THE TOWN OF LOS GATOS AND THE LOS GATOS MUSEUM
ASSOCIATION
RECOMMENDATION:
Authorize the Town Manager to execute:
1. Adopt Resolution Authorizing the Town Manager to Execute Amendment to Lease
Agreement and Community Grant Agreement with the Los Gatos Museum Association, and;
2. Amendment to Lease Agreement between the Town of Los Gatos and the Los Gatos
Museum Association, and;
3. Amendment to Community Grant Agreement by and between the Town of Los Gatos and the
Los Gatos Museum Association.
BACKGROUND:
The Town leases two properties to the Los Gatos Museum Association, 4 'Fait Avenue and 75
Church Street, under a ten-year lease agreement. 4 Tait Avenue currently houses the Art
Museum of Los Gatos, and 75 Church Street is the location for the History Museum of Los
Gatos. The Museum Association leases the two properties from the Town for $1 per year. The
lease agreement requires that the properties be used solely as nonprofit, community museums. In
addition to the lease agreement, there is a related ten-year grant agreement, under which the
Town grants $12,430 per year to the Museum Association in order to support the provision of
muscuin services at the two properties. Both agreements expire on June 30, 2009.
DISCUSSION:
PREPARED BY: Regina A. Ii alkner
Community Service Director
NACSD\TCRPTS12009 TCR1'1'S%LGMA Amendments 2009 TCR.doc _
Reviewed by: Assistant Town Manager town Attorney
Clerk A rn nistrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: AGREEMENTS BETWEEN THE TOWN OF LOS GATOS AND THE LOS
GATOS MUSEUM ASSOCIATION
April 27, 2009
Staff recommends that both the lease agreement and the grant agreement with the Museum
Association be extended for one fiscal year. This time period will allow staff to work
strategically to determine the terms of new agreements, in light of the developing budget
situation and related issues. The Museum Association has expressed its willingness for the
existing agreements to be extended for one year acid for working cooperatively with the Town
to develop new agreements.
CONCLUSION:
Staff recommends that the Town Manager be authorized to execute:
1. Amendment to Lease Agreement between the Town of Los Gatos and the Los Gatos
Museum Association, and;
2. Amendment to Community Grant Agreement by and between the Town of Los Gatos and the
Los Gatos Museum Association.
ENVIRONMENTAL ASSESSMENT:
The recommended action is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
The annual lease payment from the Museum Association to the Town, and the annual grant
payment from the Town to the Museum Association, are included in the FY 2010 Operating
Budget.
Attaclnznents:
1. Draft Resolution of the Town Council of the Town of Los Gatos Authorizing the Town
Manager to Execute an Amendment to Lease Agreement between the Town of Los Gatos and
the Los Gatos Museum Association, and an Amendment to Community Grant Agreement by
and between the Town of Los Gatos and the Los Gatos Museum Association (Exhibits A
B).
Distribution:
Elke Groves, Executive Director, Los Gatos Museum Association
RESOLUTION 2009-
Attachment 1
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO LEASE
AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE LOS GATOS MUSEUM
ASSOCIATION, AND AN AMENDMENT TO COMMUNITY GRANT AGREEMENT BY
AND BETWEEN THE TOWN OF LOS GATOS AND THE LOS GATOS MUSEUM
ASSOCIATION
WHEREAS, the Los Gatos Museum Association operates the Art Museum of
Los Gatos and the History Museum of Los Gatos, located at 4 Tait Avenue and 75 Church Street,
Los Gatos, respectively, as nonprofit, community museums, and;
WHEREAS, the Town of Los Gatos leases these properties to the Los Gatos
Museum Association, and in addition provides an annual grant in order to support the provision
of museum services at these two properties, and;
WHEREAS, the Town of Los Gatos wishes to continue its beneficial relationship
with the Los Gatos Museum Association, which supports the educational and cultural life of the
Los Gatos community.
NOW, THEREFORE, BE IT RESOLVED THAT the Town Manager of the
Town of Los Gatos is authorized to execute:
1. Amendment to Lease Agreement between the Town of Los Gatos and the Los Gatos
Museum Association extending the term of said agreement for an additional year, and;
2. Amendment to Community Grant Agreement by and between the Town of Los Gatos and the
Los Gatos Museum Association extending the term of said agreement for an additional year,
and;
3. Future amendments to these two agreements, as long as they are in accordance with the
Town's then current adopted Operating Budget.
csd08:A:Aresos\cs060500.R00
I
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 18th day of May, 2009 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: Isl Mayor Mike Wasserman
MAYOR OF THE TOWN OF LOS GATOS
LOS GAI'OS, CALIFORNIA
A'T'TEST: /s/ Jackie D. Rose
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
Exhibit A
AMENDMENT TO LEASE AGREEMENT
BETWEEN THE TOWN OF LOS GATOS
AND THE LOS GATOS MUSEUM ASSOCIATION
FISCAL YEAR 2009110
This Amendment to Agreement, is made and entered into this day of
2009, and is effective as of the I" day of July, 2009, by and between the TOWN OF
LOS GATOS, a municipal corporation of the State of California, (hereinafter referred to as
"TOWN") and THE LOS GATOS MUSEUM ASSOCIATION, a nonprofit corporation (herein
after referred to as "CONTRACTOR")
Whereas, TOWN and CONTRACTOR executed a Lease Agreement effective July 1,
1999, and ending on June 30, 2009; and,
Whereas, TOWN and CONTRACTOR wish to amend the Lease Agreement; and,
Whereas, the Town Council has approved a one-year extension of the Lease Agreement.
Now therefore, the parties hereto agree as follows:
1) Extend the term of the Agreement to the time period between July 1, 2009 and
June 30, 2010.
2) The terms and conditions of the Lease Agreement shall remain in full force and
effect except as herein expressly amended.
C:IDOCUME IILSEAST-IILOCALS-I1TemplGWViewerV-GMALeaseAmendment 2009.doe
Exhibit A
In witness whereof, the parties have executed this Amendment to Agreement on the date written
above, effective July 1, 2009.
TOWN OF LOS GATOS: LOS GATOS MUSEUM ASSOCIATION:
Greg Larson, Town Manager Signature
Approved as to Content:
Print Name
Regina A. Falkner Print Title
Community Services Director
Approved as to Form:
Orry P. Korb, Town Attorney
ATTEST:
Jackie D. Rose, Clerk Administrator
CADOCUME-I\L.SEAST- I\LOCALS--IITemp1YPGrpWise\LGTV1A Lease Amendment2009.doc
Exhibit B
AMENDMENT TO COMMUNITY GRANT AGREEMENT
BY AND BETWEEN THE TOWN OF LOS GATOS
AND THE LOS GATOS MUSEUM ASSOCIATION
FISCAL YEAR 2009110
This Amendment to Agreement, is made and entered into this day of
2009, and is effective as of the I" day of July, 2009, by and between the TOWN OF
LOS GATOS, a municipal corporation of the State of California, (hereinafter referred to as
"TOWN") and THE LOS GATOS MUSEUM ASSOCIATION, a nonprofit corporation (herein
after referred to as "CONTRACTOR").
Whereas, TOWN and CONTRACTOR executed a Community Grant Agreement
effective July 20, 1999, and ending on June 30, 2009; and,
Whereas, TOWN and CONTRACTOR wish to amend the Community Grant Agreement;
and,
Whereas, the Town Council has approved a one-year extension of the Community Grant
Agreement.
Now therefore, the parties hereto agree as follows:
1) Extend the term of the Agreement to the time period between July 1, 2009 and
June 30, 2010.
2) The terms and conditions of the Community Grant Agreement shall remain in full
force and effect except as herein expressly amended.
C:1DOCiIME-1ILSEAST-IILOCALS-11Temp\XPGrpWiseILGMA Grant Amendment 2009.doe
Exhibit S
In witness whereof, the parties have executed this Amendment to Agreement on the date written
above, effective July 1, 2009.
TOWN OF LOS GATOS: LOS GATOS MUSEUM ASSOCIATION:
Greg Larson, Town Manager Signature
Approved as to Content:
Print Name
Regina A. Falkner Print Title
Community Services Director
Approved as to Form:
Orry P. Korb, Town Attorney
ATTEST:
Jackie D. Rose, Clerk Administrator
C:IDOCUMF--IILSEAST-IILOCALS-11Temp1XPGTpW€se1LGMA Grant Amendment 2009.doe