Loading...
HomeMy WebLinkAboutPurissima Hills Water District (12)TOWN OF LOS ALTOS DILLS June 2, 2004 Staff Report to the Town Council SUBJECT: Proposed Facilities Lease between the Town of Los Altos Hills and the Purissima Hills Water District for use of a portion of the La Cresta Tank Site for Emergency Communications FROM: Maureen Cassingham, City Manager )NUC -1 Recommendation: That the City Council approve the proposed facilities lease with the Purissima Hills Water District for a portion of the La Cresta tank site for the Town's emergency communications system and the companion resolution authorizing the Mayor to execute same. Background: As part of the ground lease negotiations between the Town and the District for the District's new Operations Center at the Town Hall site, the Town sought authorization to use the District's La Cresta tank site to advance its emergency communications system. It was agreed that this matter be addressed in a separate lease that would be based on the lease for the District Operations Center. In the tank lease, the District and Town's obligations are reversed since the Town is leasing from the District, the term is concurrent with the Operations Center lease, the rent is nominal ($1 per year) and the District will not own the Town's emergency communications equipment when the lease expires. Discussion: The proposed tank site lease is vital to implementing a more effective emergency communications system for our residents. Access to the tank's higher elevation assures the Town this critical "link". RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING THE LEASE AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND PURISSIMA HILLS WATER DISTRICT FOR A PORTION OF THE DISTRICT'S LA CRESTA TANK SITE FOR THE TOWN'S EMERGENCY COMMUNICATIONS SYSTEM WHEREAS, the Purissima Hills Water District owns property in the Town of Los Altos Hills where it constructed and maintains its La Cresta water tank; and WHEREAS, the Town of Los Altos Hills desires to use a portion of the La Cresta Tank Site for the Town's emergency communications system; and WHEREAS, the parties both public agencies, have enjoyed a cooperative relationship over the years and wish to enter into a Lease Agreement for a portion of the District's La Cresta Tank Site for the Town's Emergency Communications System in the same spirit of cooperation and public purpose. NOW, THEREFORE BE IT RESOLVED, that the City Council of the Town of Los Altos Hills approves said lease agreement and authorizes the Mayor to execute same on behalf of the Town. Passed and Adopted this 2"a Day of June, 2004. Mayor City Cleric LEASE This Lease Agreement ("Lease") is made and entered into on , 2004, by and between the TOWN OF LOS ALTOS HILLS, a municipal corporation, ("Town") and PURISSIMA HILLS WATER DISTRICT, a public agency, ("District"). RECITALS A. District owns property in the Town of Los Altos Hills where it constructed and maintains its La Cresta water tank. B. Town desires to use a portion of the La Cresta Tank Site for the Town's emergency communications system. C. The parties, both public agencies, have enjoyed a cooperative relationship over the years and enter into this Lease in the same spirit of cooperation and public purpose, and 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 Town of the other terms, covenants, agreements, and conditions contained herein, District hereby leases to Town and Town hereby leases from District a portion of the La Cresta Tan1c Site to be located within the area more particularly described in Exhibit A attached hereto ("Premises") for the purpose of designing, constructing, using, maintaining, and repairing the Town's HAM emergency communications system, consisting of a no greater than a 60 foot antennae, equipment shelter, and related equipment ("Emergency Communications Facilities"). The ground space area to be used by Town will be no greater than 30 square feet. The Emergency Communications Facilities are specifically described on the plans and drawings shown on the drawing attached as Exhibit B. 2. Term of Lease. The term of this Lease is forty (40) years beginning on , 2005, and ending on , 2045. The Lease term will be extended automatically for successive five (5) year periods ("Renewal Terms"), unless District provides the Town with at least thirty (30) months advance written notice that the Lease term will not be extended. All Renewal Terms will be on the same terms and conditions of this Lease. The District may not terminate the Lease during the original 40 -year term, except for material breach of a material term of this Lease and failure of the Town to cure the breach within thirty (30) days from the date the Town receives written notice of the breach from the District, or such longer period of time as agreed to by the parties if it is not feasible for Town to cure the breach within the 30 -day period. The Town may terminate this Lease at any time with one year advance written notice to the District. -1- 1095469.3 3. Rent and Other Obligations of Parties. a. Town shall: (1) Pay to District as rent in advance on January 1 of each year of this Lease, without deduction, offset, prior notice or demand the sum of One Dollar ($1.00) in lawful money of the United States. The rent shall be paid to District at 26375 Fremont Road, Los Altos Hills, California 94022, or such other address as shall be designated in writing by District. The Town will commence payment of the rent on January 1, 2006. (2) Relocate its Emergency Communications Facilities in the event District must use the Premises for any purpose pertaining to the operation of the District's water system. The Town will be solely responsible for the cost of such relocation. District will provide Town with reasonable advance notice of Town's need to relocate the Emergency Communications Facilities and shall coordinate and cooperate with the Town to minimize the impact of any required relocation. (3) Design, install or use the Emergency Communications Facilities in a manner that does not interfere with the operation of District's water system, Tank Site, radio communications system or telemetry controls, or any future water system facilities or operations of District, or any pre-existing equipment or facilities of tenants using the La Cresta Tank Site. The District and Town will coordinate and cooperate in good faith in determining whether the Town's Emergency Communications Facilities will interfere with District facilities or other tenant facilities. b. District shall: (1) Allow reasonable vehicular and foot access to and around the Premises by means of the existing gate and road all hours of each day of the week. District will provide to the Town Emergency Communications Committee Chairperson, or such other responsible Town designee, with a key to access the existing gate. The Town will be responsible for all people Town authorizes to enter onto the Premises, and Town will indemnify, defend, and hold harmless the District, its directors, officers, agents and employees from any damages, liability and injury to persons or property that arise from the Town entering onto and using the Premises, except when caused by the negligence or willful misconduct of District, its employees, contractors or agents. District may modify the means of access for security or other purposes, provided that at all times Town will have access to the Premises. District has no obligation to provide, and assumes no responsibility for providing, any security measures at the La Cresta Tank Site for the Emergency Communications Facilities but Town shall be permitted to install such security measures at its own cost. District, in its discretion, may install security measures to protect District's own facilities. (2) Cooperate with Town in obtaining any and all permits, approvals, and authorizations as may be necessary for the design, construction, use, maintenance, and repair of the Emergency Communications Facilities. All permits, approvals, and authorizations will be obtained at the sole cost and expense of the Town. -2- 1095469.3 C. District and Town will coordinate, to the extent possible, the construction schedule for the Town's Emergency Communications Facilities in a manner that does not interfere with District operations or activities. If, however, it is not possible or feasible to coordinate the construction schedule, the operations and activities of the District will take precedence. In such event, the District will coordinate and cooperate with the Town to minimize the impact the District's operations and activities will have on the construction of the Emergency Communications Facilities. 4. Use. The Premises are leased to Town for the purpose of designing, constructing, using, maintaining and repairing its Emergency Communications Facilities for use by the Town only. Town will not use, nor permit the Premises, or any part thereof, to be used, for any other purpose, or by any other entity or person, without the written consent of District. 5. Additional Facilities and Improvements. During the term of this Lease and any Renewal Terms, Town may construct additional facilities or improvements on the Premises or may make alterations or additions to the existing equipment shelter and antennae that expand the square foot usage of the Premises only if District gives its prior approval in writing of the plans and specifications for such additional facilities, improvements, alterations, or additions (collectively, "Additions"). District agrees that it will not unreasonably withhold its approval. Town may make any modifications or alterations that do not expand the square foot usage of the ground space area of the equipment shelter or antennae without the District's approval. 6. Waste; Quiet Conduct. Town 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 any other users of the Premises or the La Cresta Tank Site, or the property owners in the vicinity. 7. Utilities. Town shall pay for all utility service necessary to design, install and use the Emergency Communications Facilities. 8. Repair. Town shall, at its sole cost, keep and maintain the Premises and Emergency Communications Facilities and every part thereof, in good order, condition, and repair. 9. Damage and Destruction. In the event of destruction by fire, casualty or other cause which shall render more than fifty percent (50%) of the Premises unusable, Town shall have the option of reconstructing the Emergency Communications Facilities and other facilities on the Premises, or terminating said Lease. Town shall provide District written notice of its intention to reconstruct the Emergency Communications Facilities within 60 days of such destruction. Failure to provide notice to the Town within such time shall automatically terminate this Lease. If Town desires to reconstruct the Emergency Communications Facilities, Town shall immediately commence clean-up of the Premises and construction activities. The Emergency Communications Facilities shall be rebuilt in the size and style and pursuant to the procedures contained in Paragraphs 3.a.(3). During the time that the Premises are unusable, the District agrees to abate any rental payment due under this Lease. In the event the Town -3- 1095469.3 determines not to reconstruct the Emergency Communications Facilities, this Lease shall immediately terininate as of the date of such fire, casualty or other cause and no rent shall accrue or be payable to the District after such date. In the event Town determines to reconstruct the Emergency Communications Facilities, the Premises shall be restored substantially to the pre - casualty condition at Town's sole expense. 10. Compliance with Law and Applicable Rules and Regulations. Town 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. The judgment of any court of competent jurisdiction, or the admission of Town in any action or proceeding against Town whether District be a parry thereto or not, that Town has violated any such ordinance or statute in the use of the Premises shall be conclusive of that fact as between Town and District. 11. Abandonment of Premises, Title to Improvements. Town shall not vacate or abandon the Premises at any time during the term; and if Town 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 Town shall be removed by Town within 30 days. Structures, appurtenances and personal property belonging to Town and left on the Premises longer than 30 days shall be deemed to be abandoned if the Town does not remove such personal property within 5 working days of receiving notice from the District that such structures, appurtenances and personal property are going to be treated as abandoned by the District After such 30 day period, District may dispose of any structures, appurtenances and abandoned property in its sole discretion. 12. Assignment or Subletting. Town shall not assign this Lease, 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 and servants of Town excepted) to occupy or use the Premises, or any portion thereof, without the written consent of District. One assignment, subletting, occupation, or use by another person or entity shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person or entity. Any such assigmnent or subletting without such consent shall be void, and shall, at the option of District, be deemed a material breach of this Lease. This Lease shall not, nor shall any interest therein, be assignable as to the interest of Town, by operation of law, without the written consent of District. Without limiting the foregoing, it is specifically agreed that District's withholding its consent shall be reasonable if Town wishes to assign, sublet, or transfer the Premises to a non- public agency, as the conditions of this Lease are based on Town's status as a public agency. 13. Attorneys' Fees. If any action at law or in equity shall be brought to recover any rent under this Lease, or for or on account of any breach of or to enforce or interpret any of the covenants, terms, or conditions of this Lease, 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. H 1095469.3 14. Ownership of Added Improvements. The Emergency Cormnunications Facilities constructed on the Premises, and all Additions or improvements hereafter constructed upon the Premises, upon termination or expiration of this Lease, shall be the property of Town, unless abandoned by the Town as described in Section 11 of this Lease. 15. Notices. All notices to be given to District and Town must be given in writing either personally or by depositing the same in the United States mail, postage prepaid, and addressed to District or Town at the address below: District: Purissima Hills Water District 26375 Fremont Road Los Altos Hills, CA 94022 Attention: General Manager Town: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Manager 16. Waiver. The waiver by District 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 District shall not be deemed to be a waiver of any preceding breach by Town of any term, covenant, or condition of this Lease, other than the failure of Town to pay the particular rental so accepted, regardless of District's knowledge of such preceding breach at the time of acceptance of such rent. IN WITNESS WHEREOF, the parties hereto have executed this Lease by their duly authorized representatives in the Town of Los Altos Hills, State of California, as follows: By Town this day of , 2004; and By District this day of , 2004. ATTEST: City Clerk -5- TOWN OF LOS ALTOS HILLS, a Municipal Corporation Mayor 1095469.3 ATTEST: Secretary 693075-2 m PURISSIMA HILLS WATER DISTRICT, A Public Agency President of the Board 1095469.3 EXHIBIT A All of that certain real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California, more particularly described as follows: [Insert Property Description for the location within which the Town shall install and use the equipment shelter and antennae.] -1- 1095469.3 C,EIv AAL L0CATIOV p y ov✓N r,OR G o vi Pt1f A PJEg AA/ T C (Ytyot r® �T PH LA C. DR' V `1"'A NK 61 i C' A EXHIBIT B [Insert plans and drawing for the Town's emergency communications facilities, including the size and area of the equipment shelter and antenna] -I- 1095469.3