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1995-021-Execute An Encroachment Permit Agreement With Metricom, Incorporated For Installation Of Radios On Street Light Poles And Traffic SignalsRESOLUTION 1995 - 21 RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ENCROACHMENT PERMIT AGREEMENT WITH METRICOM, INCORPORATED FOR INSTALLATION OF RADIOS ON STREET LIGHT POLES AND TRAFFIC SIGNALS RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos enter into an Encroachment Permit Agreement with Metricom, Incorporated for installation of radios on street light poles and traffic signals, and that the Town Manager is authorized, and is hereby directed, to execute said Encroachment Permit Agreement in the name and on behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6th day of February, 1995 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck, Mayor Patrick O'Laughlin NAYES: None ABSENT: None ABSTAIN: None � /����� SIGNED: U MAYOR OF THE TO N OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: 4 r CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ENCROACHMENT PERMIT AGREEMENT This AGREEMENT made and entered into this 19 , by and between the TOWN OF the State of California, hereinafter designated as TOWN referred to as "PERMITTEE ". WITNESSETH rc, r CLERK j` G? 14 i-i: day of a municipal corporation of and METRICOM, INC. hereinafter WHEREAS, THE PERMITTEE had made application to the TOWN for an ENCROACHMENT PERMIT to be allowed to INSTALL RADIOS ON STREET LIGHT POLES and TRAFFIC SIGNALS hereinafter referred to as "ENCROACHMENT ". WHEREAS, the TOWN hereby approves the project plans and specifications, a true copy of which are on file in the office of the Town Engineer; and WHEREAS, the same are incorporated by reference, the same as though set out in full; NOW, THEREFORE, said project plans and specifications shall be hereinafter called the "Plans ", and the work to be done under the Plans shall be called the "Work ". FEE SCHEDULE WHEREAS, pursuant to the provisions of this AGREEMENT, the TOWN, hereby established the amount of the Fee as set forth in the following schedule: Encroachment Permit Fee: $60.00 per radio per year. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. INSTALLATION OF WORK It is further agreed that: A. The PERMITTEE shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the Town Engineer. The Work shall be done in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the Town Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the Town Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, and grades as set forth. 1 1. INSTALLATION OF WORK (continued) B. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the TOWN; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the Town Engineer. In case of conflict between the State Specifications and the specifications of the TOWN, and /or the Sanitary District, the specifications of the TOWN and /or the Sanitary District shall take precedence over and be used in lieu of such conflicting portions. C. Upon two (2) weeks notice from the Town, the Permittee shall begin to remove the encroachment and restore the site to its original condition and to the Town's satisfaction. If the work is not completed within 60 days after the two (2) weeks the Town shall remove the encroachment at the Permittee's sole expense. 2. DIRECT EXPENSE It is further agreed that PERMITTEE shall pay any and all necessary direct expenses for inspection, checking, etc., incurred by the TOWN in connection with said Project. 3. MAINTENANCE OF WORK It is further agreed that the PERMITTEE shall maintain the Work until any deficiencies in the Work are corrected to conform to the Plans and the Town Standards and Specifications for the Work. The PERMITTEE shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the Town, and to the entire satisfaction of said TOWN, all defects and imperfections due to faulty workmanship and /or materials appearing in said Work. 4. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the PERMITTEE or his contractor and continuing until the completion of the maintenance of the Work, the PERMITTEE shall indemnify, hold harmless and defend the TOWN from and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the PERMITTEE 4. HOLD HARMLESS (continued) or the PERMITTEE'S agents, employees and independent contractors, except to the extent any of the foregoing is caused by the negligence or willful misconduct of the Town or the Town's agents, employees and independent contractors. 5. INSURANCE It is further agreed that: The PERMITTEE shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of liability insurance naming the TOWN as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named TOWN covering all the Work performed by, for, or on behalf of said PERMITTEE. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated below, and if the Town has other insurance against the loss covered by said policy or policies, that other insurance shall not be called upon to cover a loss under said additional policy. A. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $300,000 each person; $900,000 each occurrence, property damage, $150,000 on account of any one occurrence with an aggregate limit of not less than $3,000,000. B. The PERMITTEE shall file with the Town Engineer at or prior to the time of execution of this AGREEMENT by the PERMITTEE such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said Town Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the Town Engineer at least thirty (30) days advance notice thereof. The Town shall be shown as additionally insured on a separate "Additional Insured Owners, Lessees or Contractors" (Form A) or (Form B) Endorsement provided along with the evidence of said foregoing policy or policies of Insurance. C. The insurance shall stay in full force and effect for the duration of this agreement, and until released by the Town Engineer upon completion of equipment removal under Paragraph I.C. 3 6. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferees of the PERMITTEE. The assignment of this AGREEMENT shall not be made without approval by the TOWN. 7. TERM OF AGREEMENT This AGREEMENT shall be in full force and effect for the length of time that the Town allows the Encroachment to exist. The Town, at its option, may terminate this agreement with two (2) weeks notice to the Permittee. The Permittee may terminate the agreement by removing the Encroachment and restoring the site to its condition prior to Encroachment by the PERMITTEE. IN WITNESS WHEREOF, the TOWN has caused its name to be hereunto affixed by its , thereunto duly authorized by resolution of the Town Council and said PERMITTEE has hereunto caused his name to be affixed the day and year first above written. APPROVED AS TO FORM: LARRY ANDERSON, TOWN ATTORNEY ATTEST: MARIAN V. COSGROVE, TOWN CLERK m TOWN OF LOS GATOS DAVID W. KNAPP, TOWN MANAGER PERMITTEE: W. D. Swain, Chief Financial Officer METRICOM, INC.