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HomeMy WebLinkAboutPurissima Hills Water District (16)too��* Ad 'b RESOLUTION No. 29-97 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING A FIVE YEAR LEASE WITH PURISSIMA HILLS WATER DISTRICT FOR LEASE OF TOWN PROPERTY WHEREAS, the City Council entered into a lease agreement with Purissima Hills Water District in 1962 for lease of a portion of Town property adjacent to Town Hall; and WHEREAS, since that time, Purissima Hills Water District has continued to lease the property from the Town through lease extensions of various lengths; and WHEREAS, the Town and Purissima Hills Water District each desire to extend the lease for another five years according to the provisions set forth in a new lease agreement entitled "LEASE" and dated April 1, 1997; and WHEREAS, the City Council has read and considered the proposed lease for Purissima Hills Water District's continued use of Town property for purposes of administration of their activities; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby RESOLVE that the above-described five year lease agreement with Purissima Hills Water District is hereby approved and the Mayor is authorized to sign on behalf of the Town. PASSED AND ADOPTED this 4th day of June, 1997. By: Mayor TEST: City Clerk LEASE This Lease is made and entered into effective April 1, 1997, by and between the TOWN OF LOS ALTOS HILLS, a municipal corporation, ("Town") and PURISSIMA HILLS WATER DISTRICT, a public agency, (�"District") . RECITALS A. On or about May 1, 1962, Town and District entered into a lease wherein Town leased to District a portion of the Town Hall Site belonging to Town on which District constructed improvements consisting of an office building and related facilities for its administrative functions and activities. B. The lease provided that any improvements constructed by District as contemplated under the lease would be leased by District for the term of the lease and title thereto would be transferred to Town at the end of the lease term or any extension thereof. C. The term of the lease was for twenty (20) years commencing May 1, 1962, and District was given an option to renew the lease for a period of ten (10) years at the conclusion of the initial twenty-year term. D. In lieu of a ten-year extension of the lease, Town and District entered into a new lease effective July 1, 1984, through June 30, 1994. That lease has since been extended by letter agreement between the parties. E. The parties now desire to enter into a new Lease on the terms and conditions set forth herein. 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 District of the other terms, covenants, agreements, and conditions contained herein, Town hereby leases to District and District hereby hires from Town the portion of the Town Hall Site more particularly described in Exhibit A attached hereto ("Premises") for the purpose of continuing to use the office building and related facilities constructed by District for the administration of its activities. 2. Term of Lease. The term of beginning April 1, 1997, and ending 2002. However, the parties shall meet 2000, until April 1, 2000, in order to this Lease is five (5) years at 11:59 p.m., on March 31, and confer from January 1, decide whether they mutually 1 3\fah\re\phwd.lse wish to continue with the Lease beyond the end of the term, and on what terms they wish to continue the Lease. Unless the parties both agree to an extension in writing by April 1, 2000, the Lease shall not be extended and shall terminate at the end of the term on March 31, 2002. However, the District shall have the right to terminate this Lease at any time prior to the expiration of the five year period upon one (1) year's written notice to Town. 3. Rent and Other Obliaations of Parties. a. District shall: (1) Pay to Town as rent in advance on the first day of each calendar month of the term of this Lease, without deduction, offset, prior notice or demand the sum of Five Hundred Dollars ($500) in lawful money of the United States. The rent shall be paid to Town at 26379 Fremont Road, Los Altos Hills, California 94022, or such other address as shall be designated in writing by Town. (2) Maintain at its sole cost and expense, the landscaping around the office building constructed by District upon the Premises. (3) Pay to Town no later than June 30 of each year an amount equal to fifteen percent (15%) of the cost of maintaining the portion of the Town Hall Site driveway from the flag circle to the public street which is used in common by District and Town. The Town shall provide the District with documentation on an annual basis reflecting the types and amounts of expenditures made during the past year to maintain the driveway. b. Town shall pay any and all costs of water supplied to properties owned by Town in accordance with District's normal billing rates and practices. 4. Uaa. The Premises are of maintaining offices and administration of the activities use, or permit the Premises, or any other purpose. leased to District for the purpose related facilities for the of District. District shall not any part thereof, to be used, for 5. Additional Buildings and Improvements. During the term of this Lease, District may construct additional buildings or improvements on the Premises or may make alterations or additions to the existing building and improvements only if Town gives its prior approval in writing of the plans and specifications for such additional buildings, improvements, alterations, or additions. Town agrees that it will not unreasonably withhold its approval. Any additions or improvements made to the building or parking lot are agreed to be fully depreciated over a ten year period by the straight line method. If for any reason, other than default by District, District vacates the Premises prior to the full 2 3\lah\re\phwd.lse depreciation of an addition or repair constructed or installed by District, Town shall pay District the undepreciated value of the addition or improvement. Payment will be made within sixty (60) days of District's vacation of the Premises. (For purposes of this provision, "improvements, alterations or additions" are defined as those projects costing over $1,000.00 to construct, design and/or install.) 6. Waste: Ouiet Conduct. District 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 Town Hall Site. 7. Utilitips. District shall pay for all water, gas, heat, light, power, telephone service, and all other service supplied to the Premises. 8. Repair. District shall, at its sole cost, keep and maintain the Premises, office building, and other facilities, and every part thereof, in good and sanitary order, condition, and repair. For purposes of this provision, "repair" is defined as those projects costing under $1,000.00 to construct, design and/or install. 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, District shall have the option of reconstructing the Premises, office building, and other facilities, or terminating said Lease. During the time that the premises are unusable, the Town agrees to abate any rental payment due under this Lease. In the event the District determines not to reconstruct the office building and facilities, notice of such termination shall be given within sixty (60) days after the fire or casualty and no rent shall accrue or be payable to the Town after the date of such fire or casualty in the event such option is exercised. Should the District determine not to construct the building and facilities but to terminate the Lease, any insurance proceeds received by the District for the office building structure due to such fire or casualty shall be immediately paid over to the Town. In -the event District determines to reconstruct the office building and facilities, the Premises shall be restored substantially to the original condition at District's sole expense. 10. Compliance with Law and Applicable Rules and Regulations. District 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 District in any action or proceeding against District whether Town be a party thereto or not, that District has violated any such ordinance or 3 3\lah\re\phwd.lse 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. District shall not vacate or abandon the Premises at any time during the term; and if District shall abandon, vacate, or surrender the Premises, or be dispossessed by process of law, or otherwise, any personal property belonging to District and left on the Premises shall be deemed to be abandoned, at the option of Town, except such property as may be mortgaged to Town. Upon termination of use of the Premises by District for any reason, including but not limited to abandonment of the Premises or the termination of this Lease, then in such event, but not until such time, any and all structures and appurtenances placed upon the Premises by District shall vest in and become the property of the Town without payment of any nature by Town therefor,. except such payment as is due and owing pursuant to the provisions of Section 5 of this Agreement for undepreciated value of improvements, alternations or additions. 12. Assianment or Subletting. District 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 District excepted) to occupy or use the Premises, or any portion thereof, without the written consent of Town. 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 assignment or subletting without such consent shall be void, and shall, at the option of Town, terminate this Lease. This Lease shall not, nor shall any interest therein, be assignable as to the interest of District, by operation of law, without the written consent of Town. Without limiting the foregoing, it is' specifically agreed that Town's withholding its consent shall be reasonable if District wishes to assign, sublet, or transfer the Premises to a non-public agency, as the conditions of this Lease are based on District'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. 14. Ownership of Added Improvements. The building constructed on the Premises during the term of the prior lease, and all buildings or improvements hereafter constructed upon the 4 3\lah\re\phwd.lse Premises, shall be the property of Town and shall become a part of the Premises. District agrees that it will not remove or destroy any buildings or improvements constructed on the Premises. 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 Premises, whether or not District has departed from, abandoned, or vacated the Premises, or at the Town Hall building, respectively. 16. Waiver. This 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 District of any term, covenant, or condition of this Lease, other than the failure of District to pay the particular rental so accepted, regardless of Town's knowledge of such preceding breach at the time of acceptance of such rent. IN WITNESS WHEREOF, the parties hereto have executed this Lease in the Town of Los Altos Hills, State of California, as follows: By Town this 4th, day of June , i997; and By District this Z� fh day of/`1r1'� 1997. ATTEST: City Clerk ATTEST: S'ecretary` TOWN OF LOS ALTOS HILLS, A Municipal Corporation By: ayor PURISSIMA HILLS WATER DISTRICT, A Public Agency By: 6aw4�p President of the Board 5 3\lah\re\phwd.lse 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: Beginning at an iron pipe at the northeasterly corner of Lot 15, Tract 2056, Esperanza Hills unit 2; thence S 68° 50' W. 74.23 feet to an iron pipe; thence N 21° 30' W. 15.23 feet to the easterly common corner of Lots 14 and 15 of Tract 2056; thence N 21° 30' W. 84.77 feet along the easterly boundary of Lot 14; thence N 68° 50' E. 74.23 feet; thence S 210 30' E. 100.00 feet to the point of beginning. 3\lah\re\phwd.lse