2005-116 - 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 CreekRESOLUTION 2005 -116
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 Creels; and
WHEREAS, a portion of the trail covered by the agreement, along Los Gatos
Creels 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 7`" day of November, 2005, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor Mike Wasserman.
NAYS: None
ABSENT: . None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ZMAC x COPY Contract Ad -min. Unit
AMENDMENT
TO LEASE AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND THE
SANTA CLARA VALLEY WATER DISTRICT ���� ��N�R r� �tiT
FOR RECREATIONAL USES ALONG LOS GATOS CREBKR '
This agreement is made and entered into on this day of .61-2009Rb'E Nec ive �= -�--
Date") by and between the Town of Los Gatos ( "Town ") and Santa ClaraRY-P 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 recreational 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.
Witness the execution hereof on the day and year first written above.
"Town"
Town of Los Gatos
APPROVED AS TO FORM:
v 1�
torney'
ATTEST:
4 Y MAR S USSEN
CLERK ADMINISTRATOR ��/0.��0.5
"District"
Santa Clara Valley Water District,
St n M. Williams
Chief Executive Officer
ED AS T ORM:
L/
ct Counsel
DEPARTMENT APPROVAL
JOHN CURTIS
DIRECTOR OF PARKS AND PUBLIC WORKS
RESOLUTION 1994 -140
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 TIIE EXISTING AREAS OF JOINT USE RIGHT -OF -WAY
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 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 directed,
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 3rd day of October, 1994 by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYES: None
ABSENT: Steven Blanton
ABSTAIN: None
SIGNED: MM MAYOR THE TOWN OF S GATOS
LOS GA S, CALIFORNI
ATTEST:
�J
CLERK OF THE TOWN OF S GATOS
LOS GATOS, CALIFORNIA
NIGRO74 AACNCLRPTS \10- 3- 2RES.0
LEASE AGREEMENT
(Joint Use)
File: Joint Use
Town of Los Gatos
X -File: Los Gatos Creek
TOWN CLERK
i I-1 ti
R E a
SANTA CLARA VALLEY WATER DISTRICT, a public corporation, hereiina er re err 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:
RECITALS:
A. District is the owner of certain real property (hereinafter "the premises "), described on
"Exhibits A —E" hereto, so marked and by this reference made a part hereof.
B. The parties find it to be in the public interest to provide for joint use of the premises by means
of a lease thereof under the following terms and conditions.
AGREEMENT:
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.
2. This Lease shall be 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
Lease may be terminated without cause by either party upon ninety (90) days prior written notice
to the other. Notice of intent to renew or 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 the use of the
premises, and Town may restrict, or control, regulate and supervise the public use thereof. 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.
H1734h (01/01/93) 1 of 4
ORIGINAL
Santa Clara Valley Water Ustrid
5750 ALMADEN EXPRESSWAY
SAN JOSE, CA 95118 -3686
C: vim- dW.WdyAE.h1611.epr
JOINT USE AGREEMENT WITH
SANTA CLARA COUNTY
ON LOS GATOS CREEK
Location
Map
ENACTM uO PY - Contract Admin. Unit
AGNT. # 6.- File # _ 3 D �
JOINT USE AGREEMENT
for Los Gatos Creek
NOTICE..
'loase = this document to;_ .
Santa Cfaia;County,, Clerk of the -Board of Supervisors
ATTN E*nanuei;Abello
TO NbddIA" St; . TTI floo�,iEast Wing
Ban lose, CA 9510
We wlllsprovitle Involved County departments
wlth,,a.pptoprlate copies: Tfiank you:
SANTA CLARA VALLEY WATER DISTRICT, a public entity, hereinafter referred to as
"District;" and the County of Santa Clara, a political subdivision of the State of California,
hereinafter referred to as "County;" AGREE this -2 day of /MUA '2m� as follows:
RECITALS:
A. District is the owner of certain real property (hereinafter "the Premises "), described on
"Exhibit A" hereto, so marked and by this reference made a part hereof.
B. County and District recognize that the Premises are regulated by a variety of federal, state,
and local agencies.
C. County and District, in cooperation with the California Department of Water Resources, the
U.S. Army Corps of Engineers, and the California Department of Fish and Game, agree to use
the Premises for nonvehicular (except for maintenance, emergency, and enforcement
vehicles) and recreational purposes and for flood control and water conservation purposes.
D. County has ascertained that adequate funds have been appropriated to construct and operate
its proposed facilities on the Premises and that adequate funds have been appropriated to meet
all of its obligations contained in this agreement.
E. The parties find it to be in the public interest to provide for joint use of the Premises by means
of an Agreement thereof under the following terms and conditions:
AGREEMENT:
1. District shall and does hereby grant permission to County to use the Premises for the
following purpose or purposes and subject to the following special restrictions:
(a) Bicycle and pedestrian trail, including appurtenances such as signs, fencing, gates,
retaining walls approved by the District and evidenced by issuance of a District permit.
(b) Public access to the Premises shall be passive in nature. Picnic facilities, barbeques, fires,
swimming, boating, rafting, dogs or other domestic animals (except on leash), equestrian
use, and any type of motorized cycles are not permitted hereunder and such uses shall be
effectively controlled by County.
1 1
2, County shall provide and maintain recycling and garbage receptacles for j '• r use, and
provide for adequate waste removal service. For County facilities, County shalr vide
graffiti removal in compliance with County's graffiti abatement program, including graffiti
removal from signs installed in conjunction with and/or accessory to the establishment of a
Joint Use Agreement for Los Gatos Creels T • i 0 1 of 6
. AUG 0 2 200-5
public park and pathway consistent with its implementation of the same program at
comparable County facilities.
3. The public pathway and corridor, the subject of this Agreement, may be patrolled by County
personnel and ranger services under contract with County and /or volunteers supervised by
County. District shall have no obligation whatsoever to provide or pay for such services.
4. County must remove and if it so chooses, replace recreational improvements installed by the
County in the event District is required to improve, maintain or repair Los Gatos Creek in any
manner for District puipose's. District shall inform County in preconstruction planning, as
described in Paragraph 7, in the event a District flood control project is needed, to minimize
District's project impact on County's improvements to the Premises.
5. Damage occurring to County's structures or paving by reason of District's maintenance or
other activity or by reason of natural forces will not be the responsibility of the District to
repair or restore, all such costs for such repair or restoration are to be born by County. District
shall take reasonable care to maintain County structures so that damage does not occur or if
necessary, damage is reasonably minimized.
6. County and District recognize the unique nature of the resources and recreational uses
covered by this agreement and the beneficial effects to both parties of providing these
resources to the public. County and District resolve to utilize their respective offices to
mutually support the efforts of each other to deliver such services to the public, County and
District further agree to cooperate in order to resolve disputes and assist each other in
responding to public inquiries arising from the activities of either party.
7. County and District staff shall meet whenever necessary for the purpose of scheduling routine
maintenance, including, but not limited to;
(a) Maintenance issues related to improvements;
(b) Method and timing of issues related to affected wildlife;
(c) Non- emergency work requiring the use of heavy equipment, barricading, and/or
restricting access to the Premises. District and County further agree to notify one
another's designated representative as required prior to commencement of such work,
in order to minimize public impacts.
(d) In an emergency situation, District shall have rights provided in Paragraph 14 without
consulting County.
S. County will encourage volunteer groups to participate in District's "Adopt -A- Creek"
program.
9. Native plants selected by a licensed landscape architect with native habitat experience should
be used for revegetation purposes.
10. Construction work during spring nesting season will be avoided whenever possible. The
parties acknowledge that the spring nesting season occurs between February 1 and July. 1. If
construction must be done during the nesting season, a survey by a qualified biologist will be
undertaken to determine the presence of nesting. If no nesting activity is reported, then the
work may proceed. If nesting activity is reported, the biologist is expected to recommend the
Joint Use Agreement for Los Gatos Creek Trail 2005 2 of 6
implementation of adequate mitigation measures. Environmental impact shall be considered
prior to all work. Any and all work related to this clause shall be completed in accordance
with applicable federal, state, and local environmental health and safely regulations including
the federal Migratory Bird Act of 1918 and any amendments thereto.
11. The parties shall cooperate to create and install signage which benefits the programs of each
party such as warnings, entrance signage, interpretive signs and benches, and joint uses when
applicable. The Chief Executive Officer of the District and the Director of Public Parks and
Recreation for the County or their designees shall meet and confer on a periodic basis to plan
and install appropriate signage which serves the needs of both parties.
All signs excepting existing ones or publications that identify the facility (e.g. park, trail) by
name should include the District's logo in equal size and symmetric relationship to any other
logos. All signs or publications that are intended to interpret the water resources should be
developed in cooperation with the District's Community Relations Office and should also
include the District's logo in equal size and symmetric relationship to any other logos.
Maintenance responsibility for signage and benches shall be the responsibility of either the
District or the County, according to which entity has installed the improvements.
12. This Agreement shall be for a period of 20 (twenty) years beginning on the date it is approved
by the District Board of Directors. County 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 Agreement
for a like period upon the same terms and conditions. This Agreement may be modified or
terminated without cause by mutual written agreement of the parties. This agreement may be
terminated for cause by either party upon ninety (90) days prior written notice to the other.
For purposes of this Agreement, "cause" means material breach of the provisions of the
Agreement. Notice of intent to renew, to terminate, to modify this Joint Use Agreement may
be given by the County's Director of Public Parks and Recreation for County. Notice of
intent to terminate may be given by the Chief Executive Officer for the District.
13. County shall have the full control and authority, for purposes of this Agreement, over the use
of the Premises, and County may restrict, or control, regulate and supervise the public use
thereof. County may, in its discretion but consistent with the right of District hereinafter
described, and without diminution of the flood control or conservation function or hazard
thereto of the Premises as now existing or as may hereafter be altered, take any measures of
every kind as may in the opinion of County be necessary for the safety of the users of the
Premises for any lease purpose. Further, County shall have the sole responsibility for the
maintenance in usable and safe condition of every facility provided upon the Premises for
purposes of this Agreement.
14. District shall have the sole responsibility to maintain 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 teens and
conditions 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 as conferring a right
upon County to have or a duty upon District to provide water upon the Premises at any time.
County shall bear the cost and expense of any security, police or other expenditure necessary
Joint Use Agreement for Los Gatos Creek Trail 2005 3 of 6
to temporarily prohibit or control public access to the Premises that the District would not
ordinarily incur to complete the activities described in this clause. Damage to District's or
County's facilities arising from use of the Premises under this Agreement shall be the
responsibility of County.
15. It is also expressly understood by County 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 County
and the public; provided, however, that County shall be responsible for informing itself
thereof and of all other conditions of the Premises whether open or covered which may in
anywise affect the health and safety of the users of the Premises hereunder.
16. (a) County shall have the right to build any improvements on the Premises necessary, or
convenient to the enjoyment of this Agreement, provided the location of any such
improvement is, in each case during the terns of this Agreement, first approved by
District and signified by issuance of a District permit. It is fully understood and
agreed that District's 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
County.
(b) Improvements built by County on the Premises shall remain the property of County
and upon the termination of this Agreement shall be removed by County, leaving the
Premises 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 County's expense upon reasonable notice from District.
17. (a) County 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 Premises of District occurring in
consequence of County's or the public's use of the Premises or from acts, omissions,
or activities of County's officers, agents, employees, or independent contractors
employed by County, 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 the
District shall operate irrespective of the basis of the claim, liability, loss, damage, or
injury and irrespective of whether the act, omission, or activity is a condition of
premises or any other cause of any kind or nature,
(b) District shall assume the defense of, indemnify, and hold harmless, County, 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 County. This agreement to defend, indemnify, and hold
Joint Use Agreement for Los Gatos Creek Trail 2005 4 of 6
harmless shall operate irrespective of the basis of the claim, liability, loss, damage, or
injury, and irrespective of whether the act, omission, or activity is a condition of
premises or any other cause of any kind or nature.
18. 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 the parties at
the address hereinafter specified or as later amended by either party in writing:
County
County of Santa Clara
Parks and Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95032
District
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, California 95118
Attention: Clerk of the Board
19. This agreement, and all the terns, covenants, and conditions hereof, shall apply to and bind
the successors and assigns of the respective parties hereto; provided, that County shall neither
assign nor sublet this Agreement without prior written consent of District.
20. This agreement includes any and all exhibits, covenants, agreements, conditions, and
understandings between County and District concerning the Premises. There are no
covenants, agreements, conditions, or understandings, either oral or written, between the
parties hereto other than herein set forth.
21. Governing Law — This Agreement shall be governed by and construed according to the laws
of the State of California.
22. Waiver — The failure of District or County to insist upon strict performance of any of the
tenns, covenants, or conditions of this agreement shall not be deemed a waiver of any right or
remedy that District of County may have, and shall not be deemed a waiver of their right to
require strict performance of all terms, covenants, and conditions thereafter, nor a waiver of
any remedy for the subsequent breach of any of the terms, covenants, or conditions.
Joint Use Agreement for Los Gatos Creek Trail 2005 5 of 6
WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth.
"County
COUNTY OF SANTA CLARA
a political subdivision of the
State of Cali 4 1--4w/:;� ornia
By:
Liz Kniss, Chair
Board of Supervisors
"District"
SANTA CLARA VALLEY WATER DISTRICT,
a public entity
Stanley liams
Chief Executive Officer
Signed and certified that a copy of this
document has been delivered by electronic
or other means to the Chair, Board of Supervisors
ATTEST:
Phyll' A. Perez, Clerk
Board of Supervisors
ATTEST:
Elizabeth EZ3is
Clerk Pro � /Board of Directors
APPROVED AS TO FORM:
-/-/ ��3 () j
My -Le Jacqueline
Deputy Couty Cc
AP VEDA AS TO F
Debra Cauble
District Counsel
Joint Use Agreement for Los Gatos Creek Trail 2005 6 of 6
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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 conditions 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 as 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 other
conditions of the premises whether open or covered which may in anywise affect the 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 the 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 agreement, first approved by District. It is fully understood and agreed
that District's basis of approval or disapproval of improvements is its responsibility to insure that
the carne 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 premises 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
premises of District occurring in consequence 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
RE1734h (01/01/93) 2 of 4
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.
8. 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 the parties at the address
hereinafter specified or as later amended by either party in writing:
Town
Town of Los Gatos
Department of Public Works
110 East Main Street
Los Gatos, California 95030
District
Santa Clam Valley Water District
5750 Almaden Expressway
San Jose, California 95118
9. This agreement, and all the terms, covenants, and conditions hereof, shall apply to and bind 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.
RE1734h (01/01/93) 3 of 4
WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth.
Un
SANTA CLARA VALLEY WATER DISTRICT,
a public corporation
Chairman, Board of Directors
"District"
Mayor, Town of Los Gatos
"Town"
ATTEST:
ATTEST: SUSAN A. PINO
Town Clerk Clerk/Boafd of Directors
APPROVED AS TO FORM: APPROVED AS TO FORM:
Attorney General Counsel
RB1734h (01/01/93) 4 of 4
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October 11, 2005
The Honorable Mike Wasserman
Mayor of the Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
Subject: Amendment to Joint Use Agreement with the Town of Los Gatos for bicycle and pedestrian
path along Los Gatos Creek
Dear Sir:
Enclosed please find two original signed copies of the above Amendment. Please obtain the
necessary signatures as indicated and return one fully executed original copy of the agreement to me
in the enclosed self- addressed, stamped envelope as soon as possible so that I may complete
processing of District records.
Also enclosed for your information is a copy of the agenda item approved by the Santa Clara County
Board of Directors on October 4, 2005. Should you have any questions regarding the enclosed,
please feel free to contact me at (408) 265 -2607, ext. 2659.
Your assistance to expedite the enclosed documents will be greatly appreciated.
S incerely,
Natalie F. Dominguez
Board Administrative Assistant
Office of the Clerk of the Board
Enclosures
The mission of the Santa Clara Valley Water District is a healthy, safe and enhanced quality of living in Santa Clara County through watershed
stewardship and comprehensive management of water resources in a practical, cost - effective and environmentally sensitive manner.
0
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.
Richard P. Santos
Chair /Board of Directors
Enclosures
cc: Board of Directors (7)
mk:jl
0930f -I.doc
The mission of the Santa Clara Valley Water District is a healthy, safe and enhanced quality of living in Santa Clara County through watershed
stewardship and comprehensive management of water resources in a practical, cost - effective and environmentally sensitive manner.
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OCT 2005
DISTRICT BOARD
OF DIRECTORS
ROSEMARY C. KAMEI
DISTRICT 1
JOEJUDGE
DISTRICT 2
RICHARD P. SANTOS
CHAIR, DISTRICT 3
LARRY WILSON
VICE CHAIR, DISTRICT 4
October 4, 2005
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
CLERK OF THE BOARD
Los Gatos, CA 95030
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.
Richard P. Santos
Chair /Board of Directors
Enclosures
cc: Board of Directors (7)
mk:jl
0930f -I.doc
The mission of the Santa Clara Valley Water District is a healthy, safe and enhanced quality of living in Santa Clara County through watershed
stewardship and comprehensive management of water resources in a practical, cost - effective and environmentally sensitive manner.
N
Meeting Date: 10/4/2005
Agenda Item No.:
Manager: D. Chesterman
Extension: 2328
Director: L.Wilson
BOARD AGENDA MEMO
❑ Discussion ❑ Action ® Consent ❑ Information
SUBJECT: Joint Use Agreement with the County of Stint@ Clara for bicycle and pedestrian
path along Los Gatos Creek (Parcels 3020 -56, 68, 119, 166 and 9227 -3, 6 and
9225 -9)
Amendment to Joint Use Agreement with the Town of Los Gatos (Parcels 3020-
56 and 9225 -9)
RECOMMENDATIONS:
1. Authorize the Chief Executive Officer to execute the Joint Use Agreement with the
County of Santa Clara.
2. Authorize the Chair to sign the proposed transmittal letter to the County.
3. Authorize the Chief Executive Officer to execute the amendment to the Joint Use
Agreement with the Town of Los Gatos
4. Authorize the Chair to sign the proposed transmittal letter to the Town.
If the Joint Use Agreement with the County of Santa Clara is not executed, the District may
incur liability from the public use of an existing trail on District property. Subsequently, if the
amendment with the Town of Los Gatos is not executed, two entities will have joint use
agreements covering the same parcel.
RATIONALE:
The County of Santa Clara Parks and Recreation Department has requested continued use of
District lands along Los Gatos Creek for a pedestrian and bicycle trail. The County also
requests the addition of a portion of the trail not previously covered and the deletion of another
section covered by the Town of Los Gatos.
Board Executive Limitations Policy No. EL -5, )tem 5.8, states, "The CEO /GM shall not acquire,
encumber or dispose of real property, except for acquisition of lands, easements, rights of way,
or other property interests required to meet District obligations to provide such interest under a
contract eligible for federal cost- sharing, provided that such acquisitions otherwise meet the
requirements of state law." In accordance with EL -5, Item 5.8, this agreement authorizing joint
use with the County and the amendment to an agreement with the Town are presented to the
Board for consideration and delegation of authority to the CEO.
SUMMARY:
This property is shown on the attached map.
On May 1, 1984 the County of Santa Clara and the District entered into a 20 year term Joint
Use Agreement (Agreement) for the purpose of allowing recreational uses of District property
along Los Gatos Creek. The Agreement expired on April 30,2004. The parties now wish to
CADocuments and Settings \suetipp \My Documents \Lg trail JUABoard Memo.doc 1 of 2
FCE 1025w (12- 19 -02)
AUTHORIZED r i CT 04 2005
CONFORMED
SUBJECT:
enter into a new Agreement to allow for the continued use of the District property for
recreational purposes. This Agreement includes a portion of trail not covered under any prior
joint use agreement and a section currently covered by the Town of Los Gatos, The County
maintains the trail from the terminus of Charter Oaks Drive to Knowles Drive. The Town of Los
Gatos maintains the -trail from Lark Avenue to the terminus of Charter Oaks Drive and has
agreed to present an amendment to their existing Joint Use Agreement to the Town Council.
The amendment will modify the existing Joint Use Agreement with the Town to delete the
portion of the trail on District lands covered by the Joint Use Agreement with the County of
Santa Clara.
CEQA REQUIREMENTS:
The recommended actions do not constitute a project under CEQA. The trail was constructed a
number of years ago. Approval of the Joint Use Agreement with the County of Santa Clara and
approval of the amendment with the Town of Los Gatos will continue an existing use of District
lands,
OUTREACH:
There was no outreach undertaken by the District specific to this action. The agreement
includes provisions for periodic review of the need to provide signage that serves the needs of
both parties. The signage or any publications are to include the District logo and be developed
in cooperation with the District's Community Relations Unit, No new signage is proposed at this
time.
FINANCIAL IMPACT:
There is no financial impact associated with these agreements.
Footer 2 of 2
tC310 N0 INTEROFFICE MEMORANDUM AGRE PROCESS
PARKS AND PUBLIC WORKS DEPARTMENT
!p c'A.
DATE SIGNATURE
Routing: I D S Department Head ; r /,2. /f
Clerk's Office, Processing
Vendor Name: Santa Clara Valley Water District Vendor No.: SAN42
Contact: Stanley M. Williams, Chief Executive Officer
Address: 5750 Almaden Expressway, San Jose, CA 95118 -9985
a. Business License:
Yes, License Number: N/A
No, Requires Finance Department to Follow up:
b. Program/Project Expenditure Account:
C. Insurance (IHH and Expiration Date):
SUBJECT:
N/A
/:1
Amendment to Lease Agreement between the Town of Los Gatos and Santa Clara Valley Water
District for recreational uses along Los Gatos Creek.
BACKGROUND:
The original agreement was approved by the Town Council on October 3, 1994. This Council report
was prepared by staff in the Town Manager's office.
DISCUSSION:
Attached for your signature is a copy of an amendment to the agreement between the Town of Los
Gatos and SCVWD.
The agreement is amended with the following provision: that the portion of the trail on lands
identified on Exhibit B of the Agreement as Project No. 3020 file No. 56, a portion of the Assessor's
parcel number 424 -32 -065 shall be excluded from the agreement.
FISCAL IMPACT:
N/A
N: \B & E \MI LLI E \agr. route. scvwd. wpd