1998-125-Execute An Agreement With Los Gatos Museum Association And San Jose State University For An Archaeological Investigation Of The Original Forbes MillRESOLUTION 1998 - 125
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT WITH
LOS GATOS MUSEUM ASSOCIATION AND SAN JOSE STATE UNIVERSITY
FOR AN ARCHAEOLOGICAL INVESTIGATION OF THE ORIGINAL FORBES MILL
WHEREAS, the Los Gatos Museum Association and San Jose State University have
requested the Town to allow them to conduct an archeological investigation on the historic
Forbes Mill site during the summer of 1998; and
WHEREAS, it is hoped that this investigation will allow the community to better
understand and know its heritage and provide an important learning experience to the participants
in the investigation, and
WHEREAS, the University is agreeing to conduct the investigation in such a way that the
safety of the public will be protected; and
WHEREAS, the Museum Association which currently leases the site, will be a participant
and beneficiary and has consented to the investigation; and
WHEREAS, this approval is conditioned that work site will be returned to a satisfactory
condition that meets with Town staff approval,
NOW, THEREFORE, the Town Manager is authorized and directed to execute the
agreement contained in Exhibit A hereto in order to permit the investigation to occur.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 3rd day of August, 1998 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GA OS
LOS GATOS, CALIFORNIA
ENTRY AGREEMENT FOR FORBES MILL
THIS AGREEMENT is made and entered into this 16t day of July, 1998, by and between the town of Los
Gatos, (Permittor), it's affiliate, the Los Gatos Museum Association and San Jose State University,
(Permittee).
RECITALS
A. Permittee desires to enter certain of Permittor's lands for: The purpose of an archaeological
excavation. The objective of this excavation is to continue and expand the excavations in 1996/1997
to locate the remaining foundations of Forbes Mill, to excavate outside the walls to recover evidence
of the original mill builders, to excavate inside the walls to determine the layout of the mill and
associated electrical works, and to recover information about the mill operators. The Permittee will
train students in basic archaeological techniques and recover new information about the origin and
operation of Forbes Mill.
B. Permittor's land subject to this agreement is commonly know as the Forbes Mill; a map is attached as
Exhibit "A", incorporated herein by this reference and hereinafter referred to as the Tract.
C. Permittor will allow Permittee to enter the Tract under the terms and conditions set forth below:
NOW, THEREFORE, the parties hereto agree as follows:
1) Permittee may enter the Tract to hold an archaeological excavation with a University anthropology
class. The area to be excavated is the remaining foundation of Forbes Mill. The excavations will be
conducted on the 12 successive Saturdays between August 29, 1 rbe and November vat 1998, with a
rain date on November 21, 1998. Class hours are 8:30 AM to 4:30 8 a Ten November b fifteen (15)
students are expected to register for the course. One instructor will be . Ten each Saturday. Other
archaeologists and students with previous archaeological training may also occasionally participate.
2) The tern of this Agreement shall be from August 1, 1998 through December 31, 1998.
Notwithstanding this term, Permittor may terminate this Agreement at any time in the event Permittee
defaults on any of the terms of the Agreement.
3) Permittee shall comply with all applicable laws, rules and regulations of local, state and federal
governmental authority, and shall take every precaution to protect and safeguard Permittor's road and
adjacent property. Permittee will erect a cyclone fence in late August to close off the excavation area
in order to protect the public. The fence will extend from the Highway 17 fence on the west side of
the site, across the site (about 85 feet south of the Forbes Mill Museum) to the trail, then north along
to the south side of the Museum (see map). The fence will be removed in December after the
excavations have been completed and the excavation trenches back - filled.
4) It is agreed that Permittor makes no representation as to the present or future condition of its
property, of the character of traffic on any of its roads, and Permittee assumes all risks of injury, or
damage, to Permittee, Its employees, invites or Permittees in connection with the exercise to the
rights herein granted. It is further agreed that the actions of Permittee in conjunction with this
Agreement shall in no way interfere with the normal activities and operations of Permittor and nothing
herein shall be deemed to place any obligation upon Permittor.
5) Permittee hereby recognizes Permittor's right, title and interest in and to the lands and roads subject
to this Agreement and agrees never to challenge or dispute Permittor's title or interest in or to the
same.
Exhibit A
6) Permittee will hold harmless and indemnify the Town of Los Gatos, the Los Gatos Museum
Association and their officers, agents, and employees, in so far as it may legally do so and subject to
the availability of funds, against all claims, demands, suits, judgements, expenses and costs of any
kind on account of the injury to, or death of, person or loss of, or damage to property arising in any
manner out of any activity taken under the terms of the agreement.
7) Permittee shall, throughout the life of this Agreement, carry and maintain, at Permittee's expense, the
following insurance:
a) Required Policies
i) Commercial General Liability coverage extended to include contractual and completed
operations, providing Bodily Injury and Property Damage Liability coverage (with respect to
automobiles and exposures to other than automobiles) with a Combined Single Limit of $1
million ($1, 000,000) any one occurrence.
i) Commercial Automobile Liability coverage providing Bodily Injury and Property Damage
Liability coverage with a Combined Single Limit of $1 million ($1,000,000)) any one
occurrence.
b) Permitted Exclusions. The foregoing insurance may, at Permittee's option, expressly exclude
exposures not incidental to or arising out of Permittee's performance under this Agreement.
8) Permittee shall return the property to its original condition, as far a possible, with allowance for the
activity which will take place.
9) Ownership of all artifacts discovered as a result of the activities covered by this agreement shall
reside with the Los Gatos Museum Association at Forbes Mill.
10) Permittee shall document the findings of the excavation in the form of a written report to be presented
to the Permittor.
11) Any demands, notices or communications which either party thereto shall be required to make upon
the other, shall be in writing deposited in the United States mail addressed as follows:
Permittor Permittor's Affiliate Permittee
Town of Los Gatos Los Gatos Museum Association San Jose State University
P.O. Box 949 % Town of Los Gatos 129 South 10th Street
Los Gatos, CA 95031 San Jose, CA 95192 -0047
Phone: (408) 399 -5770 Phone: (408) 924 -1686
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date above first
written.
Town of Los Gatos
Permittor
By
DAVID KNAPP, TOWN MANAGER
Los Gatos Museum Association
Affiliate
ZI 14d
San Jose State University
Permitttee"" ,pp
BY—L rnK p(, A,uZ o
Norma Longo
Director of Procurement Services
APPROVED AS TO FORM:
ORRY KORB, TOWN ATTORNEY
ATTEST:
MARIAN V. COSGROVE, TOWN CLERK
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