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1992-021-Authorizing The Director Of Building And Engineering Services To Issue A Revocable Encroachment Permit For Eight Benches In The Public Right-Of-Way Along 29 E. Main StreetRESOLUTION 1992 -21 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE DIRECTOR OF BUILDING AND ENGINEERING SERVICES TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR EIGHT BENCHES IN THE PUBLIC RIGHT -OF -WAY ALONG 29 E. MAIN STREET WHEREAS, the property owner at 29 E. Main Street has agreed to accept all liability for his /her benches placed in the public right -of -way. WHEREAS, the Town and the property owner have agreed on the scope and maintenance of the work to be done in the public right -of -way and the designated area of encroachment. NOW, THEREFORE, BE IT RESOLVED by the 'Town Council of the Town of Los Gatos that the Director of Building and Engineering Services is hereby authorized to execute the Revocable Encroachment Permit for Mr. Hoo Gee Hom at 29 E. Main Street, a copy of which is attached hereto, as Attachment "S ", on behalf of the Town. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 18th day of February, 1992, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura Mayor Eric D. Carlson NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF THE O N OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA C14 \RE80\29EMAIN When recorded mail to: TOWN OF LOS GATOS TOWN CLERK P.O. BOX 949 LOS GATOS, CA 95031 No Fee (Government Code Section 6103) REVOCABLE ENCROACHMENT PERMIT FOR EXCLUSIVE USE OF A PORTION OF THE PUBLIC RIGHT -OF -WAY AT 29 EAST MAIN STREET LOS GATOS, CALIFORNIA Mr. Hoo Gee Hom, ( "PERMITTEE ") has requested permission from the TOWN OF LOS GATOS, ( "Town "), to allow non - exclusive use of a portion of the public right -of -way, adjacent to 29 East Main Street, described on the attached Exhibit "A ", and shown on the attached Exhibit "B ", ( "the Area "). The Town hereby grants permission for non - exclusive use of the Area subject to the following conditions: 1. This permit is issued to PERMITTEE as owner of and for the benefit of 29 East Main Street, as described on attached Exhibit "C ". Its benefits run with the land and its obligations are binding on the PERMITTEE and successors in interest. 2. The permit is for non - exclusive use of the Area. 3. PERMITTEE may construct and maintain benches ( "the Encroachment ") in the Area to the satisfaction of the Director of Building and Engineering Services. 4. PERMITTEE'S use shall not limit the rights of public utilities or emergency vehicle access. 5. This permit is revocable at the Town's sole discretion, on 15 day notice. The Town shall give written notice mailed to the property address and to the owner's address as listed on the most recent tax assessment roll, if different than property address. The revocation shall be recorded with the County Recorder. 6. Upon revocation, within 15 days of mailing of notice, PERMITTEE shall remove the Encroachments, at PERMITTEE'S expense. If PERMITTEE refuses or unreasonably delays removal of work, the Town will perform the work and PERMITTEE shall become obligated to pay. If PERMITTEE fails to pay removal costs within 30 days of billing by the Town, the amount due shall become a lien upon the property which the Town may record. 7. The PERMITTEE agrees to maintain the Encroachment in a clean, safe, litter -free condition. The Director of Building and Engineering Services may order any such maintenance to his satisfaction. 8. The PERMITTEE is responsible for repair of any damage resulting from any and all causes whatsoever associated with the Encroachment in the Area. Repair shall be completed as quickly as feasible and in no case later than fifteen (15) days of mailing of written notice by the Town. If PERMITTEE does not complete repairs, the Town may, but has no duty or obligation to, repair the Encroachment at PERMITTEE'S expense. If PERMITTEE fails to pay repair costs within 30 days of billing by the Town, the amount due shall become a lien upon the property which the Town may record. 9. The PERM ITTEE agrees to indemnify, defend, and hold harmless the Town, its officers, agents, and employees from any claim of liability, resulting in any way from the presence, use, occupancy, or activities on or in any way associated with or arising from the PERMITTEE'S Encroachment in the Area. 10. The PERMITTEE agrees to maintain comprehensive general liability insurance coverage of no less than One Million Dollars ($1,000,000) which meets all requirements setforth in Exhibit D. This permit is not effective until signed by the Town Director of Building and Engineering Services of the Town of Los Gatos and recorded in the Office of the Santa Clara County Recorder. TOWN OF LOS GATOS Scott R. Baker, Director of Building and Engineering Services Dated: r1thmi l I tE (Notary acknowledgement required) STATE OF CALIFORNIA ) ) ss: COUNTY OF SANTA CLARA ) On this day of , in the year of 1992, before me, MARIAN V. COSGROVE, Town Clerk for the Town of Los Gatos, personally appeared Scott R. Baker, personally known to me to be the person who executed this instrument as Director of Building and Engineering Services of the Town of Los Gatos, and acknowledged to me that the Town of Los Gatos executed it. Marian V. Cosgrove, Town Clerk Town of Los Gatos APPROVED AS TO FORM: Katherine Anderton, Town Attorney ACCEPTANCE OF REVOCABLE ENCROACHMENT PERMIT PERMITTEE do hereby accept the above Revocable Encroachment Permit, subject to and in agreement with conditions listed above. Dated: (Name) (Name) (Notary Acknowledgement Required) All signatures must be in black ink.