1988-128-Authorizing Town Engineer To Execute An Agreement With And To Issue A Revocable Permit To Tod Properties, Inc. For Maintenance Of An Existing Retaining Wall In A Portion Of The Bachman Avenue Right-Of-WayRESOLUTION NO. 1988 -128
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
ENGINEER TO EXECUTE AN AGREEMENT WITH AND TO ISSUE A
REVOCABLE PERMIT TO TOD PROPERTIES, INC. FOR THE
MAINTENANCE OF AN EXISTING RETAINING WALL IN A PORTION OF
THE BACHMAN AVENUE PUBLIC RIGHT -OF -WAY.
WHEREAS, the Town of Los Gatos has no immediate plan to use the portion of
the Public Right -of -Way along Bachman Avenue adjacent to Parcel APN 510 -14 -070,
commonly known as 362 Bachman Avenue, Los Gatos, as described in Exhibit "I"
and shown on Exhibit "II "; and
WHEREAS, the property owner of 362 Bachman Avenue has requested the
permission of the Town to maintain a retaining wall constructed in the Public
Right -of -Way described above; and
WHEREAS, the property owner of 362 Bachman Avenue has agreed to except and
to bear any and all liabilities associated with its occupancy of, and its
activities in the requested area; and
WHEREAS, the Town and the property owner of 362 Bachman Avenue have agreed
on the extent of the work already done in the Public Right -of -Way described
above.
NOW, THEREFORE, BE IT RESOLVED, that that Town Council of the Town of Los
Gatos does hereby authorize the Town Engineer to execute an Agreement with and
to issue a Revocable Permit to the property owner of 362 Bachman Avenue for the
maintenance of the retaining wall in the area described above, copies of which
are attached hereto as Exhibit "III" and Exhibit "IV ", on behalf of the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on 20 day of June 1988 by the following
vote:
AYES: COUNCIL MEMBERS Thomas J. Ferrito, Robert L. Hamilton,
Brent N. Ventura & Mayor Eric D. Carlson
NOES: COUNCIL MEMBERS None
ABSTAIN:
ABSENT
ATTEST:
COUNCIL MEMBERS
COUNCIL MEMBERS
None
Joanne Benjamin
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
CLERK OF THE TOWN OF LOS WTOS
EXHIBIT "I"
DESCRIPTION OF THE PORTION OF THE
PUBLIC RIGHT -OF -WAY SUBJECT TO THIS PERMIT
Beginning at the most westerly corner of Lot No. 2 as shown on that certain map
entitled "Tract No. 7891" recorded in Book 574 of Maps at pages 16 and 17 on
the 21st day of May, 1987, Santa Clara county Records; thence on a line bearing
South 36 °38'08" West 27 feet; thence South 53 °20'45" East 17.5 feet; thence
North 36 °38'08" East 27 feet; thence North 58 °20'45" West 17.5 feet to the
point of beginning and being a portion of the Town of Los Gatos, California.
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Bachman AVenue
EXHIBIT " -a u
EXIi=8S'r S =S
AGREEMENT ON REMOVAL OF DEBRIS FROM PUBLIC RIGHT -OF -WAY
AND CONSTRUCTION OF RETAINING WALL AND RESTORATION OF BANK
AT 362 BACHMAN AVENUE, LOS GATOS, CALIFORNIA
THIS AGREEMENT is made and entered into this 9th day of June 1988 by and
between the Town of Los Gatos (hereinafter called "Town "), and Jeffrey S. Black
(hereinafter called ( "owner "), their heirs and assigns.
RECITALS:
WHEREAS, owner is record owner of Assessor's Parcel #510- 14 -0 70, commonly known
as 362 Bachman Avenue, Los Gatos; and
WHEREAS, the debris located in the public right -of -way adjacent to 362 Bachman
Avenue was caused solely by the failure of the embankment located on Assessor's
Parcel #510- 14 -0 70; and
WHEREAS, in order to stabilize this ailing 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 362 Bachman Avenue.
NOW, THEREFORE, the parties agree as follows:
1. Owner agrees to obtain, at is expense, a Revocable Permit for placement of
the retaining wall in the Town right-of -way no later than June 10, 1988.
2. Owner agrees to obtain an Encroachment Permit for all work required by the
Town Engineer to be done on the public right -of -way.
3. Owner agrees to take full physical and financial responsibility for
obtaining all necessary plans and permits for construction of the retaining
wall and restoration of the bank on the subject property, such work to be
completed no later than July 1, 1988. Town shall in no way be responsible for
the maintenance, repair or replacement of any of said work.
4. Owner 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 damage 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, except for
the sole negligence of the Town, its officers, agents, employees, invitees,
contractors, subcontractors, or any other person retained by Town as a result
of this Agreement.
5. Owner agrees to waive all claims or causes of action arising out of this
Agreement which owner may have against Town, its officers, agents, employees,
invitees, contractors, subcontractors, or any other person retained by Town as
a result of this Agreement.
6. In the event Town has to institute legal action to enforce any performance
of this Agreement, owner agrees to pay all costs and attorney's fees of Town
and waives any claims or rights to costs or attorney's fees itself.
Dated: Co `�
Dated: TOWN OF LOS GATOS
By:
Town Manager
MD►� fCS4=31 Ob �IkAA
Recording Requested By:
TOWN OF LOS GATOS
When Recorded Mail To:
TOWN OF LOS GATOS
POST OFFICE BOX 949
LOS GATOS, CA 95031
NO FEE (Government Code Section 6103)
REVOCABLE PERMIT FOR EXCLUSIVE USE OF A PORTION OF
THE RIGHT -OF -WAY ALONG BACHMAN AVENUE,
LOS GATOS, CALIFORNIA
(1)
Jeffrey S. Black has requested permission from the TOWN OF LOS GATOS (Town), to
allow exclusive use of a portion of the BACHMAN AVENUE Public Right -of -Way,
adjacent to Parcel APN 510- 14 -0 70. The exclusive use area is located in Los
Gatos, California and described on the attached Exhibit "I ", and shown on the
attached Exhibit "II ".
The Town hereby grants permission for exclusive use of the described portion of
BACHMAN AVENUE Right -of -Way subject to the following conditions to which the
signers of this document agree:
1. This permit is issued to and for the benefit of Jeffrey S. Black, Owner of
APN 510- 14 -0 70, runs with the land, and its obligations are binding on the
OWNER and ITS successors in interest.
2. The permit is for the construction and maintenance of a retaining wall
within the public right -of -way along the southwesterly property line of parcel
APN 510- 14 -0 70. Said retaining wall to be constructed according to plans
approved by the Town Engineer on file in the Town's Engineering Department.
3. The Town permits Jeffrey S. Black to construct and maintain a retaining
wall and use the area dscribed on Exhibit "I" and shown on Exhibit "II" subject
to the satisfaction of the Town Engineer.
4. This license shall not limit the rights of public utilities or emergency
vehicle access.
5. This license is revocable at the Town's sole discretion, on notice. The
Town may give notice in any manner, but written notice mailed to Owner shall
suffice, and is deemed given 96 hours after mailing. A reasonable notice
period is required, but in no event need the notice period exceed 60 days.
6. Upon revocation, OWNER shall remove the retaining wall encroachments
immediately, at its expense. If it refuses or unreasonably delays removal
work, the Town will perform the work and it shall pay the cost.
(2)
%. OWNER agrees to maintain the retaining wall and the area between the back
of curb and wall in a clean, litter -free condition to the satisfaction of the
Town Engineer.
8. OWNER is responsible to see to it that any damage caused by its occupancy
of, and activities in the permitted area is repaired within a reasonable length
of time (30 days after notification by the Town).
9. OWNER agrees to hold the Town harmless from any claim of liability,
including, but not limited to, the costs of defense resulting in any way from
its use or occupancy of, or its activities in the permitted area.
This permit is not efective until signed by the Town Engineer of the Town of
Los Gatos and recorded in the Office of the Santa Clara County Recorder.
1FAIRMAIM
ACCEPTANCE OF REVOCABLE PERMIT
Permittees do hereby accept the
agreement with conditions liste
Dated:
STATE OF CALIFORNIA )
) ss
COUNTY OF SANTA CLARA )
On this /Ci day of
Encroachment Permit, subj
to and in
1988, before me,
the undersigned Notiary
ruuiiU' PcLSUlia"_y ayycarcu lf<'rl'/eL /a`t'n -.
personally known to me, or proved on thd basis of satisfactory evidence to the
the person(s) whose name(s) is /are subscribed to the within instrument, and
acknowledged that he executed it.
WITNESS my hand and official seal.
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O: PICA .,IaL SE:1L ' Notar F Public
00^ J A FALZONE
\2-t�' N07ARY PU &IO -CALIFORNIA SANTA CLARA COUNTY
My Comm, expires APR S, 1991 �i