HomeMy WebLinkAbout86-07 • •
RESOLUTION NO. 86-07_
A RESOLUTION OF THE CITY COUNCIL OF
THE TOWN OF LOS ALTOS HILLS TO APPROVE A LEASE AGREEMENT
WITH SANTA CLARA VALLEY WATER DISTRICT TO UTILIZE
EDITH PARK AS TEMPORARY STAGING AREA
WHEREAS,the Planning Director of the Town of Los Altos Hills did, duly examine and
consider the lease agreement with the Santa Clara Valley Water District to use Edith Park•
as temporary staging area;
WHEREAS, the Planning Director recommends that the City Council approve the lease
agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los
Altos Hills that the City Manager is hereby authorized and directed to execute the lease
agreement to the above-named agency on behalf of the Town of Los Altos Hills.
PASSED AND ADOPTED at a regular meeting of the City Council of the Town of Los
Altos Hills on this 8th day of November 2007,by the following vote:
AYES: Mayor Jones, Vice Mayor Mordo, Councilmember O'Malley,
and Councilmember Warshawsky
NAYS: None
ABSTAIN: None
ABSENT: Councilmember Kerr
By: _
Craig A.T. Jo •s, Mayor
ATTEST:
ity Cler
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LEASE AGREEMENT BETWEEN
THE TOWN OF LOS ALTOS HILLS AND SANTA CLARA VALLEY WATER DISTRICT.
for Property at West Edith Avenue and Fremont Road
THIS LEASE AGREEMENT("Agreement") is made effectiv .Z ,2008 ("the Effective
Date"), between the Town of Los Altos Hills ("Town") and the Santa Clara Valley Water District,
(`Tenant").
RECITALS
A. Town has certain rights in property at West Edith Avenue and Fremont Road in the
Town of Los Altos Hills("the Property").
B. Tenant desires to use a portion of the Property described below(the"Premises")
as a temporary staging area in conjunction with a nearby construction project.
C. The parties desire to enter into this Agreement with respect to the Premises in
accordance with the terms and conditions set forth herein.
AGREEMENT
NOW,THEREFORE, it is mutually agreed by and between the parties as follows:
1. Premises. In consideration of the rent set forth herein and the faithful
performance by Tenant of the other terms, covenants, agreements, and conditions
contained in this Agreement, Town hereby leases to Tenant and Tenant hereby leases
from Town that certain property shown on Exhibit A ("Premises") for the purpose of
using it as a staging area for a nearby construction project. Tenant acknowledges that the
Premises are leased"as is"with respect to title, that the Premises maybe subject to
certain public rights, and that its use of the Premises may be limited by such public rights.
Tenant acknowledges that Town has made no representations, express or implied, about
the Premises or its suitability for Tenant's purposes.
2. Term of Agreement: The term of this Agreement is 6 months beginning on the
Effective Date. Lessee, being in full compliance with the terms herein contained, shall have the
option of extending this Agreement for an additional 6 month period upon expiration of the initial
term.
3. Use. The Premises are leased to Tenant for the sole purpose of using it as a
staging area for the construction project. Construction hours shall be only from 8:00 a.m.to 5:30
p.m.. Monday through Friday. Approved purposes include storing equipment, materials, and
vehicles. Any other use of the Premises requires prior approval of the City Manager.
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4. Improvements. Tenant may install the improvements ("the Improvements") shown
on plans submitted by Tenant including two office trailers, portable sanitary facility, and temporary
fencing.
5. Rent and Other Obligations of Parties. No rental fee is required by the Town. In
consideration of the privilege, Tenant shall grind the bump on the road surface along the southern
bridge abutment on West Edith Avenue to eliminate or reduce noise from truck traffic prior to start
the construction.
6. Termination. Town may terminate this Agreement by providing thirty(30) calendar
days' written notice to Tenant.
7. Additional Improvements. During the term of this Agreement, Tenant may
construct additional improvements on the Premises only if the City Manager gives his prior
approval in writing of the plans and specifications for such additional improvements.
8. Waste; Quiet Conduct. Tenant shall not commit, or suffer to be committed, any
waste upon the Premises, or any nuisance, or other act or thing which may disturb the quiet
enjoyment of the property owners in the vicinity. In particular, Tenant shall not remove or destroy
any trees on the Premises.
9. Utilities. Tenant shall pay for all utility service necessary to design, install
and use the Improvements.
10. Repair. Tenant shall, at its sole cost, keep and maintain the Premises, the
Improvements, and every part thereof, in good order, condition, and repair. Tenant shall
restore the Premises as near as practical to its original condition.
11. Compliance with Law and Applicable Rules and Regulations. Tenant shall, at its
sole cost and expense, comply with all of the requirements of all Municipal, State and Federal
authorities now in force, or which may hereafter be in force, pertaining to the Premises and shall
faithfully observe in the use of the Premises all Municipal ordinances, and State and Federal
statutes now in force or which may hereafter be in force. Failure to follow such laws shall
constitute a material breach of this Agreement and shall be grounds for forfeiture of this
Agreement.The judgment of any court of competent jurisdiction, or the admission of Tenant in any
action or proceeding against Tenant whether Townbe a party thereto or not,that Tenant has
violated any such ordinance or statute in the use of the Premises shall be conclusive of that fact as
between Tenant and Town.
12. Abandonment of Premises,Title to Improvements. Tenant shall not vacate or
abandon the Premises at any time during the term; and if Tenant shall abandon, vacate, or
surrender the Premises, or be dispossessed by process of law, or otherwise, any and all
structures, appurtenances and personal property placed upon the Premises by Tenant shall be
removed by Tenant within 30 days. Structures, appurtenances and personal property belonging to
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Tenant and left on the Premises longer than 30 days shall be deemed to be abandoned if the
Tenant does not remove such personal property within 14 working days of receiving notice from
the Town that such structures, appurtenances and personal property are going to be treated as
abandoned by the Town. After such 14 working day period, Town may dispose of any structures,
appurtenances and abandoned property in its sole discretion.
13. Assignment or,Subletting. Tenant shall not assign this Agreement, or any interest
therein, and shall not sublet the Premises or any part thereof, or any right or privilege appurtenant
thereto, or suffer any other person (the agents of Tenant excepted)to occupy or use the Premises,
or any portion thereof, without the written consent of Town. Any such assignment or subletting
without such consent shall be void, and shall, at the option of Town, be deemed a material breach
of this Agreement.
14. Default. In the event Tenant shall be in default in the performance of any
obligation on its part to be performed under the terms of this Agreement,which default continues
for thirty(30)days following notice and demand for correction thereof to Tenant, Town may
exercise any and all remedies available at law or in equity.
15. Indemnification. Tenant shall indemnify, defend, and hold Town, its agents,
contractors, and employees harmless from and against any and all loss, claims, liability, damage,
expense, or cost (including without limitations costs of litigation and attorneys'fees)Town may
incur or become liable for or for which a claim is made by a third party, due to or arising out of
Tenant's use of the Premises or Tenant's construction, maintenance, or operation of the
Improvements , unless caused by the negligence or willful misconduct of the Town, its agents,
contractors, or employees.
16. Insurance. During the term of this Agreement,Tenant shall obtain and maintain in
full force and effect a combined single limit policy of liability insurance in an amount not less than
One Million Dollars ($1,000,000) covering Tenant's improvements and the use of the Premises.
The policy shall name the Town as an additional insured. Tenant shall have the right to self-insure
with respect to any insurance requirements herein.
17. Attorneys' Fees. If any action at law or in equity shall be brought to recover any
rent under this Agreement, or for or on account of any breach of or to enforce or interpret any of
the covenants,terms, or conditions of this Agreement, or for the recovery of the possession of the
Premises, the prevailing party shall be entitled to recover from the other party as a part of
prevailing party's costs, reasonable attorneys'fees, the amount of which shall be fixed by the Court
and shall be made a part of any judgment rendered.
18. Tax Consequences. Tenant is hereby advised that under California Revenue and
Taxation Code Section 107.6,a possessory interest in the Premises subject to property taxes may
be created by this Agreement. Tenant hereby agrees that if such possessory interest is created
and such interest is subject to property taxation, Tenant shall be responsible for the payment of
said property taxes.
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19. Notices. All notices to be given to Town and Tenant must be given in writing either
personally or by depositing the same in the United States mail, postage prepaid, and addressed to
Town or Tenant at the address below:
Town: Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attn: Carl Cahill, City Manager
Tenant: Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
Attention: Deanna Forsythe
20. Waiver. The waiver by Town of any breach of any term, covenant, or condition
shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach
of the same or any other term, covenant, or condition. The subsequent acceptance of rent by
Town shall not be deemed to be a waiver of any preceding breach by Tenant of any term,
covenant, or condition of this Agreement, other than the failure of Tenant to pay the particular rent
so accepted, regardless of Town's knowledge of such preceding breach at the time of acceptance
of such rent.
21. Partial Invalidity. If any one or more of the terms, provisions, covenants or
conditions of this Agreement shall to any extent be declared invalid, unenforceable,void or
voidable for any reason whatsoever by a court of competent jurisdiction,the finding or order or
decree of which becomes final, none of the remaining terms, provisions, covenants and conditions
of this Agreement shall be affected thereby, and each provision of this Agreement shall be valid
and enforceable to the fullest extent permitted by law.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date of
the Agreement above.
TENANT LANDLORD
SANTA CLARA VALLEY WATER DISTRICT TOWN OF LOS ALTOS HILLS,
A California Special Distr'rr� a municipal corpor tion
By: By:
Carl Cahill
Print Name: 16A
et;0
Its: .City Manager
Title:
Attest: City Cler
Approved as orm:
City Attorney
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