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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