Desk Item
PREPARED BY: SHELAYNE HAMMACK
Management Analyst
Reviewed by: ____ Assistant Town Manager Town Attorney Finance
N:\SHARE\COUNCIL REPORTS\2016\09-20-16\03 Veterans\Desk Item- Veterans.docx 9/20/2016 10:35 AM SL
MEETING DATE: 09/20/16
ITEM NO. 3
DESK ITEM
COUNCIL AGENDA REPORT
DATE: SEPTEMBER 20, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE A MEMORANDUM
OF AGREEMENT WITH THE VETERANS MEMORIAL AND SUPPORT
FOUNDATION OF LOS GATOS FOR THE VETERANS MEMORIAL AT
THE TOWN OF LOS GATOS CIVIC CENTER
REMARKS:
Staff received the attached correspondence after distribution of the staff report (Attachment 2).
Attachment 1 (previously distributed with Staff Report on September 15, 2016):
1. Memorandum of Agreement
Attachment 2 received with this Desk Item:
2. Public Comments received after the distribution of the staff report and before 11:00 a.m.
Tuesday, September 20, 2016.
From:
Sent:
To:
John Shepardson < shepardsonlaw@me.com >
Friday, September 1,6, 201,6 12:19 PM
BSpector; Laurel Prevetti; Council
Re: MOU Vet Memorial (LATENT DEFECT, consistent with state law)Subject:
On Sep 16,2016, at 12:09 PM, John Shepardson <shepardsonlaw@me.com> wrote:
Suggest amending the this paragraph:
9. Removal of Improvements - If in its sole discretion, Town determines, at a duly noticed public meeting,
it is in the best public interest to discontinue the use of Town property for a Veterans Memorial due to
public safety concerns, then the Foundation shall be responsible for removal of all improvements and
landscaping, as directed by Town, or pay Town no more than twenty Thousand Dollars ($20,000.00) to
fund that removal. Such payment shall be made if the Foundation fails to satisfactorily remove, as
reasonably determined by Town, the improvements and landscaping within sixty (60) days after notice
is sent from Town to the Foundation indicating the Veterans Memorial is to be discontinued and the
improvements and landscaping are to be removed.
Foundation only pays to remove if the structure is rejected within I year of competition for flawed
construction, structurally or cosmetically; or if the structure is found within the next ten years to contain
a material (LATENT) structural defect. Otherwise,
Town of Los Gatos should pay for removal.
John Shepardson
1