1992-022-To Issue A Revocable Encroachment Permit For Four Benches In The Public Right-Of-Way Along 101 W. Main StreetRESOLUTION 1992 -22
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 FOUR BENCHES
IN THE PUBLIC RIGHT -OF -WAY ALONG 101 W. MAIN STREET
WHEREAS, the property owner at 101 W. 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 Ms. Louise B. Farwell at 101 W. Main
Street, a copy of which is attached hereto, as Attachment "10 ", 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 TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
J
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
C14 \RES0\101WMAIN
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 101 WEST MAIN STREET
LOS GATOS, CALIFORNIA
Ms. Louise B. Farwell, ( "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 101 West 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 101 West 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:
PERMITTEE
(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)
(Notary Acknowledgement Required)
All signatures must be in black ink.