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1994-006-Execute And Release And Right Of Entry Agreement With property Owners Located in The Limits Of Project 9327RESOLUTION 1994 - 6 RESOLUTION 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 c- 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. N:\ATY\uNDCRDEN.DES 1 12/27/93 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. N: \ATY \UNDGRDEN.DES 2 12/27/93 S. 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 N: \ATY \UNDGRDEN.DES TOWN OF LOS GATOS TOWN MANAGER 3 12/27/93