1982-217-Approving And Authorizing Execution Of An Agreement Between The Town Of Los Gatos And The City Of Monte SerenoRESOLUTION NO. 1982 -217
A RESOLUTION APPROVING AND AUTHORIZING EXECUTION
OF AN AGREEMENT BETWEEN THE TOWN OF LOS GATOS
AND THE CITY OF NDNTE SERENO
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that
WHEREAS, the Town Council of the Town of Los Gatos has read and considered
that certain Agreement between the Town of Los Gatos and the City of Monte Sereno
concerning construction and future maintenance of an improvement project for the
Oak Meadow Park Recreational Area, and transfer of the sum of Ten Thousand
Dollars ($10,000) of Nejedly -Hart Urban Open Space and Recreation Program Funds,
NOW, THEREFORE, IT IS FOUND, ORDERED AND DETERMINED as follows:
1. Public interest and convenience require the entering into of the above -
described Agreement, and the Town of Los Gatos hereby approves this Agreement.
2. The Town of Los Gatos shall enter into, and the Mayor of the Town of Los
Gatos is authorized and directed on behalf of said Town, respectively, to execute
and attest an Agreement between the Town of Los Gatos and the City of Monte Sereno.
3. The Town Council of the Town of Los Gatos hereby appoints the Town Manager
as agent for the Town of Los Gatos to conduct all negotiations, agreements, amend-
ments, payment requests, and so on which may be necessary for the completion of
the aforementioned project.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos held on the 6th day of December ,1982, by the
following vote:
AYES: COUNCI METERS Joanne Benjamin Terrence J.
Daily, Thomas J. Ferrito,
MarLyn J. Rasmussen and Mayor
Brent 11. Ventura
NOES: COUNCILMEMBERS None
SENT: COUNCILMEMBERS None
MArUP, OF IT '10WN OF LOS GATO
ATTEST:
CLERK OF THE TOWN OF LOS CATOS
L'
r'
AGREEMENT BETWEEN THE CITY OF MONTE SERENO A14D THE
TOWN OF LOS GATOS FOR RECEIPT AND USE OF 1976
CALIFORNIA PARK BOND ACT FUNDS
This Agreement, made and entered into this f.S day of
1982, by and between the Town of Los Gatos, a municipal corporation of
the State of California, hereinafter, called "Town" and the City of Monte
Sereno, a municipal corporation of the State of California, hereinafter
called "City ".
WITNESSETH
WHEREAS, the Town is desirous of improving the Oak Meadow Park
Recreational area; and
WHEREAS, the State of California has made available Nejedly -Hart
Urban Open Space and Recreation Program funds pursuant to the authori-
zation of the 1976 California Park Bond Act; and
WHEREAS, the Town and the City desire to enter into an agreement
for the improvement project at Oak Meadow Park;
NOW, THEREFORE IT IS AGREED AS FOLLOWS:
1. Construction Responsibility. Town will take full responsibility
for work to be done at Oak Meadow Park.
2. Maintenance Responsibility. Upon the completion of the Improve-
ment Project at Oak Meadow Park, the Town shall maintain the
entire recreational areas at its own expense.
3. City Responsibility. The City agrees to turn over $10.000 in
Nejedly -Bart grant money to the Town for the Oak Meadow Park
Improvement Project.
4. Town Responsibility. The Town agrees to accept $10,000 in
Nejedly -Hart grant monies from the City of Monte Sereno for
the Oak Meadow Park Improvement Project.
S. Town of Los Gatos as Agent for City Council. With respect to
this project and the receipt and use of Nejedly -Hart Grant
monies the Town Council of the Town of Los Gatos is to act as
agent for the City Council of the City of Monte Sereno.
6. Hold Harmless. Town shall indemnify and hold harmless City,
its officers, employees and agents from and against any and
all claims, demands, causes of action, orders, decrees or
judgments for injury or death, or damage to personal_ property,
loss,damage and all liability (including all costs and
attorney's fees incurred in defending any claim, demand or
cause of action) occasioned by, growing out of, or arising or
resulting from any negligent error or omission on the part of
the Town of Los Gatos, or its agents, or employees, or its
independent contractors in connection with the Oak Meadow Park
Improvement Project or its subsequent maintenance."
7. Sole Agreement. This document constitutes the sole agreement
of the parties hereto relating to said project and correctly
states the rights, duties, and obligations of each party as of
the documents' date. Any prior agreements, promises, negotiations,
or representations between the parties not expressly stated in
this document are not binding. All subsequent modifications shall
be in writing.
In witness thereof, the parties hereto have executed this
Agreement on the day and year first hereinabove written.
CITY OF MONTE SERENO
Byo ICJ
M for - James P. Burgard
ATTEST'���
City Ci(erk
DATE
TOWN OF LOS GATOS
By K/7
Mayor - Brent Ventura
ATTEST
Town Jerk
DATE Z"Al -mss ,A�