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Friends of Library PREPARED BY: CHRISTINA GILMORE Assistant To The Town Manager Reviewed by: Assistant Town Manager Town Attorney Finance S:\COUNCIL REPORTS\2016\4-19-16\02 LLD\Staff_Report_-Friends_Lease_Amendment_Final 4/14/2016 3:49 PM CG MEETING DATE: 04/19/16 ITEM NO: 3 COUNCIL AGENDA REPORT DATE: APRIL 13, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: AUTHORIZE AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE FRIENDS OF THE LOS GATOS PUBLIC LIBRARY TO EXPAND THE HOURS OF OPERATION OF THE RETAIL BOOKSTORE LOCATED AT 108 E. MAIN STREET TO INCLUDE PUBLIC HOURS FROM 12 NOON TO 5:00 PM ON WEDNESDAYS BEGINNING APRIL 2016. RECOMMENDATION: Authorize an amendment to the lease agreement between the Town of Los Gatos and the Friends of the Los Gatos Public Library to expand the hours of operation of the retail bookstore located at 108 E. Main Street to include public hours from 12 noon to 5:00 p.m. on Wednesdays beginning April 2016. BACKGROUND: The Friends of the Los Gatos Public Library (Friends) is an all-volunteer organization with a history of supporting the Library through volunteerism and fundraising efforts through the sales of used books at its retail bookstore located at 108 E. Main Street. The first lease agreement between the Town and the Friends for this retail space was approved by the Town Council in October 2013. A revised lease agreement modifying the Friends annual funding commitment to the Town based on the proceeds of the retail bookstore was approved by the Town Council in June 2015. DISCUSSION: The current lease agreement establishes the hours of operations for the retail bookstore to be closed to the public on Wednesdays and to conform to the existing hours of the Los Gatos Library on all other days with the exception of remaining open outside of the Library hours on Sundays during Music in the Park. The hours of operation for the Friends retail bookstore are 12 noon to 5:00 p.m. Tuesday, Thursday, Friday, Saturday, and Sunday. Hours of operation on Sundays during Music in the Park are 5:00 p.m. to 7:00 p.m. The exclusion of public hours on Wednesdays was included in the lease agreement to reduce PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: AUTHORIZE AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE FRIENDS OF THE LOS GATOS PUBLIC LIBRARY TO ALLOW PUBLIC HOURS FROM 12 NOON TO 5:00 PM ON WEDNESDAYS BEGINNING APRIL 2016. APRIL 13, 2016 DISCUSSION (Cont’d): parking demand in the Civic Center area with the 55 Plus Programs scheduled every Wednesday from 9:00 a.m. to 1:00 p.m. in the Los Gatos Adult Recreation Center (ARC). However, the current lease agreement between the Town and the New Museum of Los Gatos (NUMU) allows for museum operating hours on Wednesdays from 1:00 p.m. to 5:00 p.m. The expansion of the Friends operating hours to include Wednesdays from 12 noon to 5:00 p.m. would allow the Friends bookstore hours to be comparable to the hours of operation of NUMU, and provide an additional opportunity for patrons visiting the ARC for 55 Plus Programs, NUMU, or the Library to shop and browse in the retail bookstore. CONCLUSION: Approval of an amendment to the lease agreement for public hours of the Friends retail bookstore would expand the public hours of operation from 12 noon to 5:00 p.m. every Tuesday, Wednesday, Thursday, Friday, Saturday, and Sunday. Hours of operation on Sundays during Music in the Park would remain from 5:00 p.m. to 7:00 p.m. ALTERNATIVES: 1. Not authorize an amendment to the lease agreement between the Town of Los Gatos and the Friends of the Los Gatos Public Library and retain the existing hours of operation. 2. Provide other direction. COORDINATION: The content of this report and the proposed agreement amendment was coordinated between the Town Manager’s Office, the Library, and the Friends of the Public Library. FISCAL IMPACT: No fiscal impact is associated with the approval of this action. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. Redline draft Lease Agreement Amendment between Town of Los Gatos and Friends of the Los Gatos Public Library ATTACHMENT 1 FIRST AMENDMENT TO AGREEMENT BETWEEN TOWN OF LOS GATOS AND THE FRIENDS OF THE LOS GATOS PUBLIC LIBRARY This FIRST AMENDMENT to AGREEMENT is effective on April __, 2016 and amends the Agreement between the Town of Los Gatos, a California municipal corporation (herein "Town") and Friends of the Los Gatos Public Library, a California nonprofit corporation (herein "Lessee") entered into on July 1 , 2015. RECITALS A. Town and Lessee entered into the Agreement (“Agreement”), commencing on July 1, 2015, a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment. B. Town and Lessee desire to amend the Agreement regarding hours of operation. AMENDMENT 5.2 Hours of Operations. 5.2.1 Public Hours. The Premises shall be closed to the Public on Wednesdays. Public hours on all other days shall be established to conform to hours of existing Los Gatos Public Library and, will be modified to conform to schedule changes made by the Los Gatos Public Library in the future. The Premises may remain open outside of Library hours on Sundays, during Music in the Park. 5.2.3 Staff Hours. The Premises shall remain closed and unavailable to all operations and staff on Wednesdays prior to 1:00 p.m. The Premises shall be available to Lessee staff otherwise during regular Town Hall and Los Gatos Public Library business hours. 5.2.4 Special Events. Lessee shall be obligated to apply for the Permit in accordance with Town rules and regulations and pay all associated costs and fees for any event that meets the criteria set forth by Town Code. Alcohol (beer & wine only) may be allowed in conjunction with approval of a Special Events Permit, subject to all regulations required by the Los Gatos Police Department. For those events that do not meet the criteria requiring a Special Event Permit, but do impact parking at the Civic Center, Lessee shall coordinate with the Town Manager’s office to avoid conflicts during business hours or when Town events or meetings are scheduled. ATTACHMENT 1 1. All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the Town and Friends of the Library have executed this Amendment. TOWN OF LOS GATOS FRIENDS OF THE LOS GATOS PUBLIC LIBRARY By: ____________________________ By: ____________________________ Laurel Prevetti Town Manager APPROVED AS TO FORM: s Gatos, California _______________________________ Robert Schultz Town Attorney