2009-127 -Authorizing The Town Manager To Negotiate And Execute The Third Amendment To The Agreement For The Parking Lot Lease Between The Town Of Los Gatos And Verizon California, IncorporatedRESOLUTION 2009-127
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE
THE THIRD AMENDMENT TO THE AGREEMENT FOR THE
PARKING LOT LEASE BETWEEN THE TOWN OF LOS GATOS AND
VERIZON CALIFORNIA, INCORPORATED
WHEREAS, on May 28, 2002, the Los Gatos Town Council approved a fifteen year lease
agreement with Verizon California, Inc. to use a portion of the lot .located at 15 Montebello Way, Los
Gatos for public parking; and
WHEREAS, on March 17, 2003, both parties amended the lease agreement to, in part,
limit the number of Verizon's parking spaces to be constructed within the premises boundary; and
WHEREAS, on October 10, 2006, both parties amended the lease agreement again to reduce
parking spaces leased to the Town of Los Gatos by seven (7), with a commensurate, prorated reduction in
the lease cost, and install two new gates; and
WHEREAS, Verizon California, Incorporated now desires to enter into a third amendment
(attached) of the lease to further reduce parking spaces leased to the Town of Los Gatos by three (3),
with a commensurate, prorated reduction in the lease cost.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos
in the County of Santa Clara, State of California, that the Town Manager is authorized, and is hereby
directed to negotiate and execute the Third Amendment to the agreement for Parking Lot Lease
with Verizon California, Incorporated
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 215` day of December 2009 by the following vote:
COUNCIL MEMBERS:
AYES: Joe Pirzynski, Steve Rice, Ba~•bara Spector, Mike Wasserman and Mayor Diane McNutt
NAYS:
ABSENT:
ABSTAIN:
ATTES
CLE OF r ~ TOWN OF LOS GATOS
LOS G ,CALIFORNIA
SIGNED:
~~ ~ ~~V
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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THTRI? ANTENDM~NT TO PA~2.ii~1~TC; LO`I' LEA~~; t~`;:?c ...._... ....
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`C1ris Third Amendment to Parking Lot Lease ("Amendment") dated for reference
purposes only, November 1.3, 2009, is made by and between by and between Verizon California
inc., a California corporation ("Landlord") and Tawn of Las Gatos, a municipal corl3aration
("Tenant"),
I~;C'Y"PALS
A. Landlord and 'Tenant entered into a Parking Lot !.case dated iVlay 28, 2002, as
amended by that certain First Arnendmertt to Parking Lot Lease dated March 17, 2003, and as
.further atnended by that certain Secartd Amendment to Parking Lot Lease dated Qctober 10,
2006 (as amended, the "Lease") for a portion of the property located at 15 lvlantebello Way, Los
Gatos, California,
$, The parties are nvw :entering into this Amendment to reduce the number of
parking spaces leased by Tenant from sixty-four{64) parking spaces to sixty-one (61) paa~king
spaces and to make certain additional modifications to the Lease as set forth herein. All
capitalized terrns not defined herein shall have the same meaning they are given in the Lease,
NOW, T1-IEREFOIt1, in consideration of the mutual covenants herein expressed and far
other .good and valuable consideration, the receipt anti sufficiency of which are hereby
aclcnawledged, Tenant and Landlord .agree as follows;
1, Landlord's Parkin~Atea• Premises. The parties aclcno4vledge and agree that
effective as of 1ecember 1, 2009, Landlord's Parking Area shall be modified to include three (3)
additional parking spaces atzd the number of Tenant's. parking spaces contained in the Premises
shall be reduced by three (3) parking spaces, which parking spaces shall be reserved for
Landlord's exclusive use. Accordingly, as of December 1, 2009, (i) the.number ofTenanti's
parking spaces withitr the Premises shall be reduced fiorn .sixty-four (64) parking spaces to
sixty-one (61 }parking spaces,. (ii) Exhibit "A" (Depiction of Premises) attached to the .Lease
shall be replaced and superseded with Exhibit "A" attached. to this Amendment, and (iii) Exhibit
"B" (Depiction of I,andlard's Parking Area) attached to the Lease (as modified by Exhibit "B"
attached to the Second Arxtendment to Parking L.ot Lease (the " 2~~ Amendment")) shall be
replaced and superseded with Exhibit "B" attached to this Amendment. Tenant shall not make
any modifications to the Premises, including, without limitation, striping of parking spaces,
without Landlord's prior written consent.
2, Rent. Commencing upon December 1, 2009, the Base Rent set forth in Paragraph
2(a) of the Lease (as modifted by Paragraph 3 of the 2n~ Amendment) shall be amended to read.
as follows:
Pcr•iod Monthiv Rase Rent
12/OL/2009 - 04/30/2014 ;64,293,81.
05;01/2014 - 04!30/2019 $4,937.8.7
ti~woha~.z
3. Notices. Landlord's notice address contained in Paragraph 15 of the Lease (as
modified by Paragraph ~ of the 2°d Amendment) Is hereby deleted in its entirety arzd replaced
with the fallowing:
Jones Lang. LaSalle Americas, Inc.
clo Verizon California Inc,
2200 West Airfield Drive, Dock E
f7allas/Fort Worth Airport, T~ 75261
4. Patriot Act Compliance. Each party shall take any actions that may be required to
comply with the terms of the USA Patriot Act of 2001, as amended, any rcgulatians promulgated
under the foregoing .law, Executive Urder No. 1322 on Terrorist Financing, any sanctions
program administrated by the U.S. Department of Treasury's Office of Foreign Asset Control or
Financial Crimes Enforcement Netwoxk, or any other laws, regltlations, executive orders or
governzxzent programs designed to combat terrorism or money laundering, or the effect of any of
the foregoing laws, re~ulatians, orders or programs, if applicable, ari this Lease. Each :Marty
represents and warrants to the other party that it is not an entity named on fihe Mist of Specially
Designated Nationals and I3loclced Persons maintained by the U.S. Department of`Creasury, as
last updated prior tp the date of this Lease.
5. Effectiveness of Lease, All terms and provisions of the Lease shall remain in full
force and effect, except as expressly amended or modified- hereby, and are hereby rati#ied and
rea#`firtned. In the event of any inconsistency between the provisions of this .Amendment and the
provisions of the Lease, the .provisions of this Amendment shall control..
G, Cauntezpaz•ts and Facsimile. 'Phis Amendment may be executed in one or more
coutztez7aarts, each of which shall be deemed an otlginal but all of which taken together shall
coa~stitute one and the same instzlnnent. The parties acknowledge the validity of signatures. by
facsimile,
[REivIAINDEit OF PAGE INTEN'I'IONALI,Y LIFT FLANK]
u v i 40fi43.2
IN WITNT~,SS WHI;I2EOF, Landlord and Tenant have duly executed this Amendment as
of the day and year first above written,
LANDLOTtT);
• VERIION CAT~IFORNIA INC.,
a California corporation
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APPRQV~1~ AS TD CORM
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'I'Ei~IANT;
TOWN OI~ T..OS CrATOS,
a :municipal corporation
ley:
Title. {..~_~ ~ r.:; ', rt r';~,~_ ICst~_~'r~, l~"tt~tl ~t~:"fit: ~..
By;
'T'itle.:
A'I'T1aST:
t) ~! ~ •i:~.i :" ~~ i"~.3'c;'",~ ^, Clerk Administrator
AP~'laOVED AS TO >CO1tM:
By• YZ F- uJ~~ ~Y rw~4~
Orgy ~'~: ~I~o"rb, Town Attorney
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110i40643.Z
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