1982-198-Authorizing Mayor To Execute Agreement Regarding Marino A. CosentinoRESOLUTION N0. 1982 -198
RESOLUTION AUTHORIZING MAYOR TO EXECUTE AGREI=
REGARDING MARINO A. COSENTINO
The Council hereby RESOLVES:
The mayor is authorized to execute, on behalf of the Town, the attached
Settlement Agreement.
PASSED at a regular meeting of the Town Council of the Town of Los
Gatos held on the 1st day of November. , 1982, by the following
►KT
AYES: COUNCIIMIl"1BERS Ruth Cannon, Thomas J. Ferrito, MarLyn J.
Rasmussen, Peter W. Siemens and Mayor Brent N. Ventura
NOES:
ABSTAIN
ABSENT:
COUNCIU`1E BERS None
COUNCIIMff J-,RS None
COUNCILME BERS None
SIGNED:
ATTEST:
Glerk)ot ttle Town ot Los Gyp
SETTLEMENT AGREEMENT
AGREEMENT, between the Town of Los Gatos ( "Town ") and
Marino A. Cosentino ( "Cosentino "), entered into this
day of _�'G, 1982.
RECITALS
1. The Town filed Santa Clara County Superior Court Action
No. 481566 against Cosentino, which resulted in a judgment in
favor of Cosentino. The Town has filed a notice of appeal.
2. The purpose of the Town in filing the aforesaid lawsuit
was to protect the property owners downhill from Cosentino from
overflow of surface waters. In order to accomplish that
purpose, the parties have agreed to settle the litigation on the
terms set forth herein.
AGREEMENTS
In consideration of the foregoing recitals, and of their
mutual promises herein, the parties agree as follows:
1. Upon execution of this Agreement, the Town shall abandon
its appeal of Action No. 481566, with each party bearing its own
costs.
2, Within ninety (90) days after execution of this
Agreement, the Town shall construct, at its sole expense, a
drainage ditch along the entire northerly line of the Cosentino
property at 200 Surmount Drive, Los Gatos, with a 2x12 redwood
header board on the downhill side of the ditch to preserve the
ditch line. The ditch shall be designed and constructed in
a 000d and workmanlike manner so as to carry all drainage water
naturally flowing from the Cosentino property to storn drains
at the east and west ends of the property, in such a manner
that no water overflows to the properties below.
3. Upon satisfactory completion of the aforesaid ditch
by the Town, then thereafter Cosentino agrees to maintain
said ditch in as good a condition as was said ditch when
completed and turned over by the Town to Cosentino for
maintenance.
4. This Agreement shall be binding upon, and shall
inure to the benefit of, the successors in interest of each
of the parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set
their hands on the date first written above.
DP,TED:_ / X — _
DATED: -- /� - -/_ - -'P L
TOWN OF LOOS GATOS_
COSENT