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Council Agenda: 02-04-2025
Item No.: 7.1(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE (1) FINDING THE TRI -PARTY AGREEMENT
BETWEEN THE CITY OF SAN JOS E, FRIENDS OF
LEVITT PAVILION SAN JOS E, AND MORTIMER & MIMI
LEVITT FOUNDATION FOR FUTURE DEVELOPMENT
AND OPERATION OF LEVITT PAVILION AT ST. JAMES
PARK MEET S THE CRITERIA SET FORTH IN SECTION
1700.1 OF THE CITY CHARTER AND COUNCIL POLICY
7-8; AND ( 2) AUTHORIZING THE CITY MANAGER OR
THEIR DESIGNEE TO NEGOTIATE AND EXECUTE A TRI-
PARTY AGREEMENT WITH THE FRIENDS OF LEVITT
PAVILION SAN JOS E AND THE MORTIMER & MIMI
LEVITT FOUNDATION FOR FUTURE DEVELOPMENT
AND OPERATION OF A LEVITT PAVILION WITH AN
INITIAL FIVE-YEAR TERM LENGTH FROM THE DATE OF
EXECUTION UNTIL THE FIFTH ANNIVERSARY OF THE
EFFECTIVE DATE WITH THREE ADDITIONAL OPT IONS
TO EXTEND OF UP TO FIVE YEARS EACH, THROUGH
DECEMBER 31, 2041
WHEREAS, St. James Park is a 7.6-acre park located in downtown San José, and is listed in the National Register of Historic Places; and
WHEREAS, on November 10, 2015, the City of San José (“City”) City Council approved the St. James Park Revitalization Strategy; and
WHEREAS, Friends of Levitt Pavilion San José (FLPSJ) is a California nonprofit corporation formed to provide programming and raise funds for such programming, assist with the operations of a Levitt Pavilion to be constructed in San José, and raise funds for the construction of a Levitt Pavilion; and
WHEREAS, the Mortimer & Mimi Levitt Foundation (Levitt Foundation) is a private family foundation founded in 1963 by Mortimer and Mimi Levitt to support arts, culture, and education and to support access to the performing arts for the benefit of the public NVF:AJM:JLM
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Council Agenda: 02-04-2025
Item No.: 7.1(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
through various programs, including the development and support of outdoor performance venues across the United States; and
WHEREAS, FLPSJ and Levitt Foundation are uniquely situated to help implement the vision for St. James Park; and
WHEREAS, the City recognizes the benefits of the Levitt Pavilion at St. James Park which will expand arts access in the community and positively activate the public space; and
WHEREAS, the parties will work together to ensure the completed design meets the needs of the FLPSJ, Levitt Foundation and the City; and
WHEREAS, approval of the proposed Tri-Party Agreement is subject to Section 1700.1 of the City Charter giving the City Council authority to enter into Long Term Agreements to allow use of public parks for terms of up to 25 years at a time, without voter approval, if the Agreement meets the criteria set forth in the City Charter and benefits the community as follows:
Council Policy Findings
• Enhance recreational
purposes for public
park
Levitt Pavilion will be a venue for regular
programming. The Levitt Foundation and FLPSJ will
provide 50 free concerts per year through 2041.
• Park exceeds 5 acres
with at least one
Community Serving
Amenity
St James Park is 7.6 acres. The Levitt Pavilion
meets the definition of a Community Serving
Amenity. The project vision and current construction
documents propose a Playground, Splashpad, Picnic
Grove and other amenities that also meet the
amenity definition.
• Conditions for long-
term agreements in
Project enhances recreational function and offers
affordable access via free concerts.
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Council Agenda: 02-04-2025
Item No.: 7.1(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
public parks
• Retain right to cancel
agreement
City reserves the right to cancel the tri-party
agreements without cause no later than 10 years
after the commencement date.
• Financial Monitoring Agreement supports the City in conducting regular audits of FLPSP.
• Project to be
developer per Public
Works standards
CMG is preparing plans to meet Department of Public
Works requirements and the department will oversee
construction, inspection and project management.
• No billboards Project design includes recognition signage and large-scale naming text on structure, which is being
reviewed to be consistent with City’s Sign Ordinance
and policies; and
WHEREAS, City Council Policy 7-8 applies to all Long-Term Agreements in Public Parks for Commercial Recreational Use which are approved by City Council pursuant to City Council Charter Section 1700; and
WHEREAS, per section 1700.1 of the City Charter and City Council Policy 7-8, the City Council finds the Tri-Party agreement meets the criteria set forth in the City Charter and Council Policy; and
WHEREAS, the City desires to adopt this resolution for the reasons set forth in the memorandum, dated January 13, 2025, from Jon Cicirelli, the Director of Parks, Recreation, and Neighborhood Services, and Jim Shannon, the Budget Director, for the February 4, 2025 City Council meeting;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
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Council Agenda: 02-04-2025
Item No.: 7.1(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
1. The Tri-Party Agreement between the City of San José, Friends of Levitt Pavilion San José, and Mortimer & Mimi Levitt Foundation for future development and operation of Levitt Pavilion at St. James Park meets the criteria set forth in Section 1700.1 of the City Charter and Council Policy 7-8; and
2. The City Manager or their designee is hereby authorized to negotiate and execute a Tri-Party Agreement with the Friends of Levitt Pavilion San José and the Mortimer & Mimi Levitt Foundation for future development and operation of a Levitt Pavilion with an initial five-year term length from the date of execution until the fifth anniversary of the effective date with three additional options to extend of up to five years each, through December 31, 2041.
ADOPTED this _____ day of ___________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk