AGREEMENT FOR SERVICES BY AND BETWEEN THE TOWN OF LOS GATOS AND THE LOS GATOS CHAMBER OF COMMERCE FISCAL YEAR 2023/2024
THIS AGREEMENT is made and entered into on May 2, 2023, by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and LOS GATOS CHAMBER OF COMMERCE, (“Chamber”), whose address is 10 Station Way, Los Gatos, California. This Agreement is made with reference to the following facts.
I. RECITALS
WHEREAS, TOWN appropriated funds in its Fiscal Year 2023/2024 Budget for allocation of funds, and;
WHEREAS, Town desires to engage Chamber to provide services as permitted, and TOWN has appropriated funds for this purpose, to be utilized during the time period between July 1, 2023, and June 30, 2024, and;
WHEREAS, CHAMBER represents and warrants the truth of all statements contained in “Scope of Services” attached as Exhibit A and incorporated herein by reference.
WHEREAS, TOWN and Los Gatos Chamber of Commerce have executed an Agreement since Fiscal Year 2001, and;
WHEREAS, TOWN desires to engage the Chamber to provide Town Visitor’s Information Center, including a Visit Los Gatos Website and Social Media Marketing with the Town of Los Gatos.
1.2 The Chamber represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1.3 Chamber warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Chamber.
II. AGREEMENTS
2.1 Scope of Services. Chamber shall provide services as described in that certain Exhibit A Chamber of Commerce Scope of Services, which is hereby incorporated by reference and attached as Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect from July 1, 2023, to June 30, 2024. Chambershall perform the services described in this agreement as follows:
provide the Visitor’s Information Center including the Visit Los Gatos website as outlined in Exhibit A – Scope of Services.
ATTACHMENT 1
2.3 Compliance with Laws. The Chamber shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Chamber represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Chamber to practice its profession. Chamber shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Chamber shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Chamber by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Chamber in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Chamber shall not make any of these documents or information available to any individual or organization not employed by the Chamber or the Town without the written consent of the Town before such release.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed $55,000 for Town Visitor’s Information Center including the Visit Los Gatos Website and Social Media Marketing, inclusive of all costs.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed as described in Exhibit A.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
Invoices:
Email to: [email protected]
Or, Mail to: Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Chamber shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town.
2.9 Annual Report. Chamber shall provide, at a minimum, reports in December 2023 and May 2024 including services rendered by the Visitor’s Information Center and Visit Los Gatos Website accounting of expenditures of the funds covered by this agreement; and, analytics and data reflective of activity and online “traffic” on the website, social media and boosts/advertisements with direct links to the website as described in Exhibit A - Scope of Services.
2.10 Use of Town of Los Gatos Branding and Logo. The Town of Los Gatos will provide branding for the Visit Los Gatos Website including a logo and color palette. This shall be used for the creation of the website. The provided branding is property of the Town of Los Gatos and shall only be used by the Chamber for business of and marketing collateral that is executed as a part of the Visitor’s Information Center or Visit Los Gatos website. Use of the logo in social media, print, email, or other form that is not directly related to the Visitor’s Information Center or Visit Los Gatos website requires explicit written permission by the Town of Los Gatos.
2.11 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Chamber. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
2.12 Independent Contractor. It is understood that the Chamber, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor they shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Chamber may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Chamber agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Chamber shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Chamber or is based on allegations of Chamber’s negligent performance or wrongdoing.
2.13 Conflict of Interest. Chamber understands that the professional responsibilities of the Town Information Center are solely to the Town. The Chamber has and shall not obtain any holding or interest within the Town of Los Gatos. Chamber has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Chamber warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Chamber shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Chamber discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Chamber shall promptly notify
Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.
2.14 Use of Funds. The Chamber (Visitor Information Center) shall not use any monies received under this agreement for the endorsement, opposition or participation in any political lobbying activity involved in the support or opposition to any candidate for public office, proposed ballot measure or item pending Town Council Action.
2.15 Equal Employment Opportunity. Chamber warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Chamber nor its subcontractors shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Chamber agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
ii. Chamber agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than two million dollars ($2,000,000) combined single limit per accident for bodily injury and property damage. iii. Chamber shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
iv. Chamber agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $2,000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement.
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Chamber; products and completed operations of
Chamber, premises owned or used by the Chamber. This requirement does not apply to the professional liability insurance required for professional errors and omissions.
ii. The Chamber’s insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Chamber’s insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Chamber's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Chamber shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement.
Further, Chamber shall ensure that all subcontractors employed by Chamber provide the required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Chamber shall save, keep, hold harmless and indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Chamber, or any of the Chamber's officers, employees, or agents or any subconsultant.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Chamber shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of termination. In the event of termination, the Chamber shall deliver to the Town all plans, files, documents, reports, performed to date by the Chamber. In the event of such termination, Town shall pay Chamber an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Chamber.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
LOS GATOS CHAMBER OF COMMERCE
Attn: Executive Director
10 Station Way
Los Gatos, CA 95030
or personally delivered to Chamber to such address or such other address as Chamber designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Chamber. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.
IN WITNESS WHEREOF, the Town and Chamber have executed this Agreement.
Recommended by:
Monica Renn, Economic Vitality Manager
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Los Gatos Chamber of Commerce by:
Executive Director
Approved as to Form:
Gabrielle Whelan, Town Attorney
Attest:
Wendy Wood, Town Clerk
EXHIBIT A - SCOPE OF SERVICES
AGREEMENT FOR SERVICES WITH THE CHAMBER OF COMMERCE
FY 2023/2024
LOS GATOS VISITOR INFORMATION CENTER & VISIT LOS GATOS WEBSITE $55,000
All services rendered as a part of this scope of services under the function of the Los Gatos Visitor Information Center shall be to the benefit and promotion of Town-wide stakeholders including businesses, residents, and visitors.
The following services and information will be coordinated and provided by the Chamber of Commerce as a part of the operations of the Los Gatos Visitor Information Center and Visit Los Gatos Website:
Maintain branded website, https://visitlosgatosca.com, that is easily accessible and simple to navigate.
a. Appears in keyword searches as a top option for phrases such as: Visit Los Gatos; Things to do in Los Gatos; Los Gatos Restaurants; Los Gatos Hotels; Los Gatos Events, etc.;
b. Inclusive of all businesses in featured categories, regardless of Chamber of Commerce membership status;
c. Includes businesses throughout the Town including Downtown, The Boulevard, and featured shopping centers;
i. Branding and messaging reflective of the Town’s goals and objectives d. Language on the website must reflect the partnership of the Town of Los Gatos and Chamber of Commerce as partners/sponsors of the website; e. Provide limited printed marketing materials such as small cards, window clings, counter signs, or other appropriate collateral that may be displayed or provided to visitors at the hotels, restaurants, shops, Chamber of Commerce Office, Town Hall, Library, etc. that identifies and promotes the Visit Los Gatos website; f. Website maintained weekly by Chamber of Commerce to ensure information is up to date.
i. Town staff will provide new business information as available; g. Town of Los Gatos will maintain a direct link to the Visit Los Gatos website as its primary source for visitor information.
2. Social Media advertisement of Visit Los Gatos Website and Marketing efforts:
a. Purchase/provide social media ads and/or boosts that promote the Visit Los Gatos website and track “clicks” and visits directly linked to the webpage. b. Provide a minimum three posts per week on each social media outlet promoting Visit Los Gatos;
c. Provide the “link in the bio” to the Visit Los Gatos website on all social media accounts where available; and,
3. Continue to support the Town’s business outreach efforts for events, meetings, and programs through social media, email, etc.
a. Promote Town events in Chamber of Commerce marketing materials including email notifications and newsletters.
4. Offer in-person Los Gatos Visitor Information Center services at the Chamber of Commerce offices.
a. Respond to walk-in and call-in inquiries, and encourage engagement with the Visit Los Gatos website; and
b. Allow Town meetings with the business community to be conducted at the Chamber of Commerce offices during mutually agreed upon times and days.
5. Bi-Annual written reports and monthly invoicing:
a. Upon request, and at a minimum twice annually, in December and April/ May, Chamber shall provide analytics in a written report for the identified objectives. b. Invoice the Town for payment of services monthly, as described in the attached agreement.
Memo To: Town of Los Gatos Staff and Town Council
From: Catherine Somers, Executive Director, LGCC
Jim Foley, President LGCC Board of Directors
Subject: Year End Report - FY 22-23
$55K for Town Information Center
Date: April 19, 2023
The Los Gatos Chamber of Commerce is an independent contractor that is paid a fee for service by the Town of Los Gatos. This memo details the ways in which the Chamber has fulfilled the scope of services outlined in the Town’s Agreement with the Los Gatos Visitor and Information Center.
For reference: Primary purpose of the Los Gatos Chamber of Commerce Our Mission: The Los Gatos Chamber serves the community first and foremost by being a catalyst for business growth and success; acting as a convener of community leaders and influencers to get things done; and serving as a champion for a thriving business community.
Our Vision: The Los Gatos Chamber of Commerce will be a strong, unified voice of the spirited Los Gatos business community… recognized as a catalyst for business growth and advocacy.
Being a champion for the town of Los Gatos, the Chamber will work to preserve the cherished quality of life and integrity in our town … and will be admired for its skill in listening to the concerns of all segments of the community and acting as a convener of all for dialogue and for problem solving.
As a courtesy, the Town has an agreement with the Chamber to manage the Town’s Visitor and Information Center. This agreement has been in place off and on for the past 23 years.
Back in the early days, The Town Council approved as much as $100,000 for services provided by the Chamber of Commerce. Over the years, that amount has decreased significantly, yet the expectations of the agreement have remained the same.
Since 2019, the Chamber has received approximately $55K.
In the last few years, the Chamber has received some additional funding for DEI worthy projects and ARPA funding for some emergency destination marketing.
In the FY 22-23, the Chamber provided the following services to meet the expectations outlined in the current agreement. Please see the 2022-23 Scope of Services for cross reference.
Los Gatos Information Center @ $55 K
The Town of Los Gatos’ Information Center is open all year, Monday – Friday, 9 a.m. – 5 p.m. except for scheduled holidays. Often, we will open for part of the day on a Saturday or Sunday, particularly on Holiday or Special Event weekends. We respond to all Los Gatos visitor and resident inquiries regarding shopping, dining, lodging, events, relocation, general commerce, and other related visitor information topics. Typically, we receive 3-5 out-of-town guests per day and a handful of our in town locals who stop by for information on current events. We distribute Los Gatos promotional materials and replenish the brochures as needed all the while working with the town to fulfill any relocation requests from people looking to relocate here or to start a business here.
On most days, we answer 7-10 phone calls from people seeking Visitor or Town information.
In the summer, the average number of calls increases. Comments suggest we act as a local concierge service trying to fulfill the needs and entertain our town guests. This year, the Chamber added a few items to our list of responsibilities including but not limited to a more comprehensive social media destination marketing campaign (we were able to fund this program with the ARPA funds we received in 2021). Since January 1, 2023, the Chamber of Commerce has funded this marketing. We also facilitated another series of six Promenades on North Santa Cruz Avenue. We followed up on a few beautification initiatives we started a few years ago. Sights have also been set on potential Los Gatos Boulevard developments, so we are trying to coordinate efforts and building plans with property owners. Lastly, we have built a stronger relationship with Los Gatos Music and Arts, Jazz on the Plazz and Music in the Park; collectively advertising the Sounds of Summer.
The Chamber pays rent in the amount $1,000 per month for the Town’s Visitor and Information Center space which is approximately 500 sq. ft. The rent paid includes the use of the meeting room. The Chamber covers the cost of staff help as it relates to visitor services (40 hours per week at $30 fully loaded per hour) and we maintain the only public restroom in town.
Town Marketing efforts in 2022-23 included:
• Creation and maintenance of the Visit Los Gatos Website (as funded initially by the ARPA Destination Marketing Grant and now by the Chamber itself) • Los Gatos Dining and Places to Stay Guides (produced electronically and in print and maintained by the LGCC)
• Los Gatos Self-Guided Walking Tours – Discover Lost Gatos (funded by LGCC) • Los Gatos Event Venue Guide (produced and maintained electronically by the LGCC) • Los Gatos Creek Trail, Lexington, Vasona, Villa Montalvo, and other informational brochures
• Advertising and editorial content in local newspapers/magazines including: Los Gatos Magazine, Los Gatos Weekly, San Jose Mercury News, Content Magazine and The Metro • Los Gatos Town Map (produced and maintained by the LGCC) • Los Gatos Downtown Tourist Map (produced by LGCC)
• Santa Cruz Mountain winery maps/ Santa Clara winery maps/Livermore winery maps • Los Gatos Local Resource Guide and Directory – (sent to 15,000+ LG residents and 3500 Monte Sereno residents produced and maintained by the LGCC) • Partnered with a firm which maintains a display rack of information promoting tourism and things to do in Northern California
• Work with Visit California and Team San Jose, encouraging them to feature Los Gatos in their tourist publications
• Community-wide events posted in our front windows, newsletter and website • Weekly updates to our Chamber and Visit Los Gatos websites and the Community Calendar
• Daily updates (as necessary) to all social media platforms—VisitLG including Facebook, Instagram, NextDoor and LinkedIn – these updates include original content created by the staff
• Host/organize multiple community-wide events – and do the advertising and facilitate staffing
• Weekly Town-wide event newsletter
• Summer Event Guide (produced in partnership with Los Gatos Music and Arts) • Promotional posters and banners for the town promoting summer events and other happenings
• Holiday Shop Local and Visitor Campaign to accompany the Los Gatos in Lights • Host monthly Food and Wine meetings
• Host quarterly Merchant Meetings
• Host quarterly service organization meetings and service provider meetings • Host and manage finances of all social media platforms for destination marketing • Host community events drawing people to Los Gatos from all over the Bay Area • Focus on DEI related events and messaging to benefit the whole community to make Los Gatos more welcoming and inclusive
We send all requested materials free of charge via USPS. Typically each packet costs about $10.
We consistently update our website and Visit Los Gatos and other social media platforms on all information regarding Town, resident and visitor events, though we have struggled to keep up the Visit Los Gatos accounts with this demand as we do not have the funding to do it properly.
We manage a robust Community Calendar which we update on a daily basis, consistently posting community events. We inform community members who are on our Constant Contact list of upcoming Town Council or Planning Commission meetings and any other important information, such open as Town commission and committee positions.
Additionally, the Town Information Center sells LG swag and other merchandise. Items for sale include:
• Legendary Locals of Los Gatos and other historical books • Visors and hats
• Pens
• Note Cards
• Los Gatos post cards
• Tote Bags
• Water Bottles
• Wine tumblers
• Other
Reviewed by: Town Attorney, Community Development Director, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/02/2023
ITEM NO: 15
DATE: April 13, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Provide Direction for the Potential Disposition and Use of 224 W. Main Street (APN 510-44-069)
RECOMMENDATION:
Provide direction for the potential disposition and use of 224 W. Main Street [Assessor’s Parcel Number (APN) 510-44-069].
BACKGROUND:
224 W. Main Street, located at the northeast corner of W. Main Street and Lyndon Avenue (Attachment 1), was purchased by the Town, using Redevelopment funds, for the purpose of building affordable housing. The Town demolished the previous residential structure and paved it as a parking lot as an interim use on this approximately 0.27-acre site. This created a larger Town parking lot with the adjacent parcels 510-44-039 and -037 (Attachment 2) of approximately 1 acre. These properties have a General Plan Land Use Designation of Central Business District and are zoned C-2 (Central Business Commercial Zone) and C-2:LHP (Central Business Commercial Zone with a Landmark and Historic Preservation Overlay Zone).
In 2015, the Town Council created a Parking and Infrastructure Ad Hoc Committee with appointments determined by the Mayor. The Mayor appointed Council Member Rennie and then Vice Mayor Barbara Spector. From 2015 to early 2018, the Committee explored the possibility of building a parking garage on the three lots with at least six below market rate housing units, as required, as well as market rate housing and/or retail. The Town issued a Request for Interest (RFI) for the proposed mixed-use development and the Town Council approved entering into exclusive negotiations with Presidio Development Partners, LLC.
After many design iterations and pro forma financial reviews, the parking garage and housing development was found financially infeasible. Instead of continuing to pursue a garage, the Council directed the preparation of a comprehensive parking study which was completed by Dixon parking consultants and is now being implemented.
PAGE 2 OF 3
SUBJECT: Provide Direction for the Potential Disposition and Use of 224 W. Main Street DATE: April 13, 2023
BACKGROUND:
With the dissolution of all Redevelopment Agencies in California, the Town was under a deadline to determine the disposition of 224 W. Main Street. Since the Town decided to retain ownership of the property, in Fiscal Year (FY) 2021/22, the Town transferred approximately $1.5 M from the General Fund Appropriated Reserve to the Town’s Below Market Rate Housing Fund, representing the value of the land. This satisfied the State’s requirement.
DISCUSSION:
The Town Council may now wish to provide direction for the future disposition and use of the subject property and perhaps the neighboring Town-owned parcels. The options include and are not limited to:
Retain Town ownership of the property as a parking lot until the Town has implemented more of the Dixon parking recommendations; or
Consider leasing or selling the land for a private development (commercial, retail, market rate and/or affordable housing); or
Return to Council with a resolution to declare the property surplus with an ultimate intent to lease or sell; or
Consider other alternatives.
If the Town decides to lease or sell 224 W. Main Street (and/or the adjacent Town-owned parcels), at a subsequent Council meeting, the Town Councill would need to consider adopting a resolution declaring the property(ies) surplus. Under State law, certain entities, such as affordable housing builders and open space organizations, would be given the first opportunity to lease or purchase the land. If there is no interest by such entities, the Town could then negotiate with a prospective tenant or a buyer of its choice.
After the surplus process, if the Council is interested in leasing or selling the land, staff would prepare a Request for Interest (RFI) for the Council’s consideration based on its preferences for desired uses. Once approved for distribution by the Council, potential tenants and buyers would submit responses to the RFI and the Council would decide which entity it would like to enter into an Exclusive Negotiating Agreement. Based on the negotiations, the Town Council would decide whether to enter into a lease or purchase agreement with the entity, or take other steps.
CONCLUSION:
Staff looks forward to the Council’s initial direction for this property.
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SUBJECT: Provide Direction for the Potential Disposition and Use of 224 W. Main Street DATE: April 13, 2023
COORDINATION:
The preparation of this report was coordinated with the Community Development Director, Finance Director, and Town Attorney.
FISCAL IMPACT:
The fiscal impact depends upon the direction provided by the Town Council.
ENVIRONMENTAL ASSESSMENT:
The direction provided by Town Council with this agenda item is not a project defined under CEQA. Any future development or change of use would require environmental review.
Attachments:
1. Aerial Photograph of the Subject Site
2. Assessor’s Parcel Map