1994-006 - Execute a Release & Right of Entry Agreement with Property Owners in the Limits of Project 9327 Los Gatos Blvd Lark Ave Utility UndergroundingRESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE DIRECTOR
OF BUILDING AND ENGINEERING SERVICES
TO EXECUTE A RELEASE AND RIGHT OF ENTRY AGREEMENT
WITH PROPERTY OWNERS LOCATED IN THE LIMITS OF
PROJECT 9327 LOS GATOS BOULEVARD
LARK AVENUE UTILITY UNDERGROUNDING
WHEREAS, the Town Council has caused the formation of the Utility Underground
District defined as Project 9327, to the benefit of the community; and
WHEREAS, timely completion of the project is desirous,
BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Director of Building and Engineering Services is
authorized to enter into the 'Release and Right of Entry Agreement" (attached) as Exhibit
A for Project 9327.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 3rd day of January, 1994, by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
F MA R O E TOWN ATOS
O OLAA A
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
RELEASE AND RIGHT OF ENTRY
AGREEMENT
For valuable consideration as specified in this Agreement, the Town of Los Gatos
(hereinafter "Town ") and (hereinafter "Owners "), on
behalf of themselves, their heirs, successors, and assigns, agree as follows:
WHEREAS, Owners warrant that they are the fee owners of the property located at
(APN ), Town of Los Gatos, County of Santa
Clara, State of California (hereinafter 'Property "), and
WHEREAS, the Town of Los Gatos is undertaking the undergrounding of utility service
along Los Gatos Boulevard between
, and
and
WHEREAS, the Town is willing to and intends to include in the contract for that
undergrounding project a requirement that the contractor performing the work will provide
the necessary utility service from the undergrounded public utility point to the service box on
the Property, and
WHEREAS, the Owners understand and acknowledge that the Town is under no
obligation to provide this service, but that the Town is willing to do so as a convenience, and
WHEREAS, the Owners are willing to allow the Town and its authorized employees,
agents, and contracts to enter and perform the work described in this Agreement on the terms
and conditions set forth in this Agreement,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Owners agree to allow the Town and its authorized employees, agents, and
contractors to enter the Property in order to remove existing overhead utility facilities
including wires and poles, trench for conduit runs between the new underground service and
the most efficient location of a new service or junction box (including pruning of bushes and
trees as necessary to allow trenching and installlation), and connect to existing or new service
panels.
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2. The Town or its authorized agent or contractor shall meet with the Owners and
attempt to reach agreement on the exact location of conduit trenches and location of service
and junction boxes and service panels. Should the Town and the Owners be unable to reach
agreement on the location of any of these items, the Town or the Owners may terminate the
Agreement upon written notice to the other party.
3. The Town shall be solely responsible for determining what type of junction or
service box or service panel is necessary for an adequate and serviceable connection. Should
the Owners wish to upgrade either the junction or service box or service panel beyond that
approved by the Town, the Owners shall be responsible for supplying the box or panel for
installation.
4. This Right of Entry shall be effective until October 15, 1994. Should the Town be
unable for any reason to complete the installation by that date, then the obligation to complete
the installation shall expire and the service connection shall be the sole responsibility of the
Owners.
5. It.is intended that the work by the Town described in this Agreement is to be at no
cost to the Owners. However, this intent is based on encountering normal installation
conditions. Should the Town find that the installation actually encountered is not a normal
one, then the Town may terminate the Agreement upon notice to the Owners or may seek to
negotiate a reasonable amendment to the Agreement for Owners contribution to the
unexpected expenses to be incurred.
6. Neither Town nor any of its employees, agents, or contractors shall have any
maintenance or repair responsibility for or replacement of landscaping disrupted by any of the
installation or work done pursuant to this Agreement. Maintenance and repair or correction
of any portion..of the installation or of any malfunction and replacement of any disrupted
landscaping shall be the sole responsibility of the Owners after the work and installation has
been accepted by the Town.
7. Owners acknowledge and understand that the Town does not warrant or represent
that the fill placed in the trenches created by this installation will be usable for any particular
purpose, and the Owners are solely responsible for performing such tests and compacting as
is appropriate for the uses to which they may wish to put the filled areas.
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8. Town shall require the contractor performing the work to obtain liability insurance
in the amounts normally required for work for the Town, and shall require the Contractor to
name the Owners as additional insureds for the work to be performed on the Property.
9. Owners agree to provide a copy of this Agreement to any and every person to whom
they convey an interest in the Property.
10. Notices regarding this Agreement shall be given as follows:
To Town: Director of Building & Engineering Services
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
To Owners:
11. This is the entire agreement between the parties, and all preliminary and
contemporaneous agreements and understandings are merged and incorporated into this
Agreement..
Dated:
Dated:
APPROVED AS TO FORM:
TOWN ATTORNEY
TOWN OF LAS GATOS
TOWN MANAGER
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