1984-148-Authorizing The Town Manager To Execute Agreement On Removal Of debris From Public Right-Of-Way And Construction Of Retaining Wall And Restoration Of Bank At 16700 Cypress WayRESOLUTION NO. 1984-148
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING
TOWN MANAGER TO EXECUTE AGREEMENT ON
REMOVAL OF DEBRIS FROM PUBLIC RIGHT -OF -WAY AND
CONSTRUCTION OF RETAINING WALL AND RESTORATION
OF BANK AT 16700 CYPRESS WAY
WHEREAS, the Town of Los Gatos seeks to clear debris from the
right -of -way adjacent to 16700 Cypress Way; and
WHEREAS, the property owners at 16700 Cypress Way have agreed to
stabilize the embankment on said property; and
WHEREAS, the Town and the property owners have agreed on the scope of
the work to be done both in the public right -of -way and on private
property at 16700 Cypress Way.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS that the Manager, or his designate, is hereby authorized to execute
the Agreement on Removal of Debris from Public Right -of -Way and Construc-
tion of Retaining Wall and Restoration of Bank at 16700 Cypress Way, a
copy of which is attached hereto as Exhibit "A," on behalf of the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos held on the ay of September, 1484 by the following
vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Eric
D. Carlson, Terrence J. Daily, Brent
N. Ventura, and Mayor Thomas J. Ferrito
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
SIGNED:
iA0 r LS A
ATTEST:
!: f V
CLERK OF T E TOWN OF LOS GAS
AGREEMENT ON REMOVAL OF DEBRIS FROM PUBLIC RIGHT -OF -WAY
AND CONSTRUCTION OF RETAINING WALL AND RESTORATION OF BANK
AT 16700 CYPRESS WAY
THIS AGREEMENT is made and entered into this day of ,
1984 by and between the Town of Los Gatos ( hereinafter "Town" an Berton'
G. and Mildred M. Altmann (hereinafter "Altmann "), their heirs and
assigns.
RECITALS:
WHEREAS, Altmann are record owners of Assessor Parcel #532- 23 -57,
commonly known as 16700 Cypress Way, Los Gatos; and
WHEREAS, the debris located in the public right -of -way adjacent to
16700 Cypress Way was caused solely by the failure of the embankment
located on Assessor Parcel #532- 23 -57; and
WHEREAS, in order to stabilize this failing embankment and prevent
further damage and possible injury, it is necessary to erect a retaining
wall to be located in the Town right -of -way adjacent to 16700 Cypress Way.
NOW, THEREFORE, the parties agree as follows:
1. Altmann agrees to obtain, at their expense, a revocable permit for
placement of the retaining wall in the Town right -of -way no later than
September 18, 1984.
2. Altmann agrees to obtain an Encroachment Permit for all work
required by the Town Engineer to be done on the public right -of -way. Such
permit shall include but is not limited to providing soils analysis and
engineered plans prepared by a registered civil engineer showing slide
restoration, drainage, retaining wail and erosion control, all to the
satisfaction of Town Engineer. Altmann is to pay all expenses and fees
for plans and permits, said permit to be obtained no later than October 1,
1984.
3. The engineered plans provided by Altmann shall indicate where the
holes are to be drilled in the public right -of -way and the depth to which
they shall be drilled.
4. Town agrees to drill the holes mentioned in item 3 only if
existing Town equipment is capable of drilling holes to the depth, size
and location required by the plans. If Town equipment is not capable of
drilling the aforementioned holes, Altmann shall contract with another
party to have the holes drilled solely at Altmann's expense.
5. Town agrees to drill holes, if capable, within the first week of
October providing all the necessary plans have been approved and all
necessary permits have been issued.
EXHIBIT "A"
6. Altmann agrees to take full physical and financial responsibility
for obtaining all necessary plans and permits and for construction of the
retaining wall and restoration of the bank on the subject property, such
work to be completed no later than November 1, 1984. Town shall in no way
be responsible for the maintenance, repair or replacement of any of said
work.
7. Altmann agrees to defend, indemnify and hold harmless Town, its
officers, agents, employees, invitees, contractors, subcontractors or any
other persons retained by Town as a result of this agreement, from any and
all damages claims, demands, obligations, lawsuits, judgments, penalties,
causes of action, losses, liabilities, expenses or cost at any time
received, incurred or accrued by Town, its officers, agents, employees,
invitees, contractors, subcontractors or any other person retained by Town
as a result of this agreement.
8. Altmann agrees to waive all claims or causes of action arising out
of this agreement which Altmann may have against Town, its officers,
agents, employees, invitees, contractors, subcontractors, or any other
person retained by Town as a result of this agreement.
9. In the event Town has to institute legal action to enforce any
performance of this agreement, Altmann agrees to pay all costs and
attorney's fees of Town and waives any claims or rights to costs or
attorney's fees themselves.
DATED:
DATED:
BERTON G. AL NN
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DATED: TOWN OF LOS GATOS
By
DAVID R. MORA
Town Manager
MC