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1978-139-Authorizing The town Attorney To File Suit And Draw Funds On Direct Concerning Tract 5902RESOLUTION NO. 1978 -139 RESOLUTION AUTHORIZING THE TOWN ATTORNEY TO FILE SUIT AND DRAW FUNDS ON DEPOSIT CONCERNING TRACT 5902 WHEREAS, Gene J. and Gina Rugani (RUGANIS) entered into a contract with the Town guaranteeing to do certain street improvement work prior to July 1, 1978 in connection with the development of Tract 5902, and WHEREAS, RUGANIS have posted a letter of credit, No. 54294 dated March 1, 1978, guaranteeing performance of the work required by the contract, and the terms of the letter of credit call for it to expire if no demand is made prior to September 1, 1978, and WHEREAS, the subdivision improvement work required by the contract and letter of credit has not been completed. NOW, THEREFORE, BE IT RESOLVED that the Town Attorney is authorized to file suit to secure performance of the work required by the contract and to draw funds on deposit pursuant'to the letter of credit if the work is not completed prior to August 30, 1978. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 21st day of August 1978, by the I ollowing vote: AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, John B. Lochner, Peter W. Siemens and Mardi Gualtieri NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL, MEMBERS None ABSENT: COUNCIL MEMBERS None 1 j'Ti7 -Tr)ll I WMI ATTEST: CLERK OF TH -TOWN OF LOS GATOS