Loading...
1985-029 - Amend License Agreement With Billy Jones Wildcat RailroadRESOLUTION NO. 1985 -29 RESOLUTION OF THE TOWN OF LOS GATOS RESCINDING TOWN RESOLUTION NO. 1984 -208 AND AUTHORIZING MAYOR TO EXECUTE AMENDMENT TO LICENSE AGREEMENT WITH THE BILLY JONES WILDCAT RAILROAD EXTENDING THE TERM UNTIL JANUARY 1, 2010 WHEREAS, effective November 1, 1968 the Town of Los Gatos, the County of Santa Clara, and the Santa Clara Valley Water District (as the Santa Clara County Flood and Water District), and the Billy Jones Wildcat Railroad entered into a License Agreement providing for the operation of the Railroad in Oak Meadow Park; and WHEREAS, effective January 1, 1972 the County of Santa Clara and the Billy Jones Wildcat Railroad entered into an amendment to the License Agreement making certain other amendments to the License Agreement affecting only the County and the Railroad and to which the Town of Los Gatos was not a signator: and WHEREAS, effective February 1, 1980 the Town of Los Gatos and the Billy Jones Wildcat Railroad entered into an addendum to the License Agreement to install, maintain and operate a Merry -Go -Round in Oak Meadow Park and agreed that the terms and conditions of the original License Agreement shall apply to the installation, maintenance and operation of the Merry-Go- Round; and WHEREAS, the aforesaid License Agreement provides that the Billy Jones Wildcat Railroad may, at its option, renew the term of the License Agree- ment for one successive period of twenty -five (25) years effective January 1, 1985; and WHEREAS, the Billy Jones Wildcat Railroad has requested said exten- sion in a letter submitted to the Town Council dated September 18, 1984; and WHEREAS, on October 15, 1984 the Town Council adopted Town Resolution No. 1984 -168 granting the twenty -five (25) year extension of the term of said License Agreement effective January 1, 1y85; and WHEREAS, on November 19, 1984 the Town Council adopted Town Resolution No. 1984 -208 authorizing the Mayor to execute an amendment to the license agreement with the-Billy Jones Wildcat Railroad extending the term until January 1, 201U; and WHEREAS, the attached agreement is identical to the agreement attached to Resolution No. 1984408 except that the County of Santa Clara h4s added paragraph 2 relating to possessory interest and former paragraph 2 has been renumbered as "3." NON, THEREFORE, BE IT RESOLVED that Resolution No. 1984 -208 is hereby rescinded. NON, THEREFORE, BE IT FURTHER RESOLVED that the Town Council authorizes and hereby directs the Mayor to execute on behalf of the Town of Los Gatos tnat agreement entitled Amendment to License Agreement Extending Term, a copy of which is attached. PASSED AND ADOPTED at a regular meeting Ma of the Town Council of the Town of Los Gatos held on a day of . rch 1985 by the following vote: AYES: CUUNCILMEMBERS Terrence J. Daily, Thomas J. Ferrito, Brent N. Ventura and Mayor Joanne Benjamin NDES: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS Eric D. Carlson SIGNED: /s/ Joanne Benjamin MAYOR OF IHE TOWN OF LOS GATOS ATTEST: /s/ Rose E. Aldaq (seal} C LSs G7i7OS -2- Tho fonv90" IflOMWftfll l6 • omnot ow dtl: Amm on file M ATTEST: CLERK OF SHE MVVN OF LOS S BY DATED MAR 514A; - Licensee shall provide suitable barricades along the tracks in those areas where L+nsors may, within their respective jurisdictions, determine) that they are reasonably needed for safety reasons.. Detailed plans and specifications for the railroad bridge shall be submitted by Licensee to the District for its approval prior to the construction thereof. 4. Charges: Licensee shall be' entitled to charge those persons using its facilities and patronizing its concessions a reasonable fee onlyr having in mind that Licensee is a non - profit corporation, and that its primary purpose is to operate and maintain the Billy .zones Wildcat Railroad as a memorial to Billy Jones, and for the benefit, recreation and pleasure of the children and citizens of the area. S. Insurance: Licensee shall, at all times during the term of this License Agreement, and any. extension or renewal thereof, maintain in full force and effect, with a reputable insurance company, the following insurance policies, naming Licensors as co- insureds: (a) Public Liability and Property Damage Insurance $250,000, any one injury; $500,000, any one occurrence; $100,000 property damage; and, (b) Boiler Insurance - $100,000. 6. Title to Installation: The installation shall remain the property of, the title thereto shall be vested in, Licensee. In connection therewith, Licensors hereby disclaim any interest therein, even though parts thereof may be affixed to real property owned by any one of them,' which disclaimer shall, without limitations, be for the - 3- ( - benefit - of any persons owning any security interest in the installation. 7. taws and Ordinances: Licensee promises to comply with all federal, state, county, district and city laws and ordinances, in connection with the exercise of its rights herein' granted, to the extent not inconsistent with such rights,. 8. Utilities: Licensee. shall pay for the installation and operation of any and all utilities required by it in connection with the exercise of its rights herein granted, save and except to the extent the same may be furnished to Licensee free of charge by any of the Licensors. Licensors shall provide Licensee with any necessary access rights to bring any utilities into the particular area in which they are required. 9. Termination: This License Agreement may be terminated at any time by Licensee, upon ninety (9A) days written notice by Licensee to Licensors. This License Agreement may be terminated by any Licensor, upon sub- stantial breach of any of the .terms and conditions of the License Agreement by Licensee-and failure of Licensee to cure such breach within sixty (60) days after written notice thereof by any Licensor. Upon termination of this License Agreement from any cause, Licensee shall either promptly remove the installation, or surrender and leave any part thereof in place. Nevertheless, if so requested by any Licensor, Licensee shall promptly rem ova that part of the installation within the jurisdiction of such Licensor. In either event, the area'shall be left in a neat and clean condition. _ 10. Assignments: Licensee shall not assign any of the rights granted to it herein without the prior written -4- consent of Licensors and any such purported assignment, whether made expressly or by operation of law, without such prior written consent, shall be null and void. 11- Scope and Effect of Agreement: This is the whole Agreement between the parties. No Licensor shall be respon- sible for any breach of this License Agreement by any other Licensor - The covenants and conditions of this License Agreement shall, subject to the provisions as to assignment, bind, and enure to the benefit of, the successors and assigns of the parties. IN WITNESS WHEREOF the parties have executed this License Agreement in quadruplicate, effective as of November 1, 1968. ATTEST: LICENSORS: Q141 Z' Town Cler —�- Town of Los Gags Clerk, Hoard o£ Supervisors County of Santa Clara Clerk, Hoard of Directors Santa Clara County Flood Control and Water District TOWN 0%j OS GATOS By / Mayor ,. . V :Y COUNTY OF SANTA CLARA ByVt "dry+' Chairman o£ the Board)Ec 2 3 1968 of Supervisors SANTA CLARA COUNTY FLOOD COHTROB /y /AND WA ER DISTRICT / Chairman of tThe Bcard of Directors LICENSEE: a BILLY S E WILDCAT IL /R %O%AD, 'President APPROVED AS TO FORM: Town Attorney, Town of Los�dtos County Counsel county of Santa Clara counsel, Santa Clara County Flo C ntroI asl Wat D%s trict ��� � Counsel, Billy Jones Wildcat Railroad - 5- W • �'1 rn /"�. .s..� �� �:;