1979-013-Authorizing Sewer Construction Participation Agreement With Green Valley Disposal Co. And Eleanor NilssonRESOLUTION N0, 1979 -13
RESOLUTION AUTHORIZING SEWER CONSTRUCTION
PARTICIPATION AGREEMENT WITH GREEN VALLEY
DISPOSAL CO. AND ELEANOR NILSSON
RESOLVED, by the Town Council of the Town of Los Gatos, County of
Santa Clara, State of California, that the TOWN OF LOS GATOS enter into
that agreement with GREEN VALLEY DISPOSAL CO. and ELEANOR NILSSON, a
copy of which is attached hereto, and that the Mayor is authorized and
she is hereby directed to execute said agreement in the name and in behalf
of the TOWN OF LOS GATOS.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos held on the 5th
by the following vote:
day of Februray , 1979
AYES:
COUNCIL
Peter W.
MEMBERS
Siemens
Rutn Cannon, Thomas J. Ferrito, John B. Lochner
and Mardi Gualtieri
NOES:
COUNCIL
MEMBERS
None
ABSTAIN:
ABSENT:
COUNCIL
COUNCIL
MEMBERS
MEMBERS
None
None
SIGNED:
ATTEST:
r
CLARK OF THE TOWN OF LOSS GATOS
UGRPFM PIT P
THIS AGREEMENT is made and entered into
between the TOWN OF LOS GATOS, hereinafter cal7_ed "TOWN ", a city, and
1.9 ,
, hereinafter called "GREEN VALLEY ",
whose place of business is located at 573 University Avenue, Los Gatos,
California, and hereinafter called
"NILSSON ", whose place of business is located at 720 University Avenue, Los
Gatos, California, and is made with reference to the following facts:
TOWN proposes to construct a sanitary sewer to provide sewer service to
Oak Meadow Park. GREEN VALLEY and NILSSON would benefit from the proposed
sewer, and desire to participate in the cost of constructing it and to connect
their properties to it.
THE PARTIES AGREE AS FOLLOWS:
1. The TOWN shall prepare plans and specifications for the construction
of a sanitary sewer from a point of connection to the existing sewer line in
Vasona Park, westerly to Oak Meadow Park and the properties of GREEN VALLEY
and NILSSON.
2. The TOWN shall advertise for sealed competitive bids for the work of
installing the new sanitary sewer and shall award a contract to the lowest
responsible bidder.
3. Within 10 days after the award of the construction contract for the
sanitary sewer, GREEN VALLEY and NILSSON shall make a cash payment to the
TOWN in the
amount
of
50
per cent
of their
respective shares of
the
total
construction
cost
of
the
sanitary
sewer.
The respective shares
of
the cost
will be determined as follows:
a. TOWN 53.07% of total construction cost.
b. GREEN VALLEY 22.47% of total construction cost.
c. NILSSON 9.46% of total construction cost.
Total construction cost shall be the construction contract amount plus 150//
for engineering and inspection.
4. Within 30 days after the work is completed and accepted by TOWN,
GREEN VALLEY and NILSSON shall make a cash payment to TOWN of the balance of
their respective shares of the total construction cost of the sanitary sewer.
S. The TOWN shall complete the construction of the sanitary sewer
improvements by July 1, 1950.
6. When the work is done the TOWN agrees to permit GREEN VALLEY, and
NILSSON to connect to said sanitary sewer subject only to normal connection fees.
7. In the event of litigation to enforce the terms of this agreement,
the prevailing party shall have its costs and reasonable attorney's fees and
expenses. Interest on the total amount of any money damages, whether or not
precisely ascertainable or ascertained at the time of filing of such action,
will run from the date of such filing at the yearly rate of nine (9) per cent.
TOWN OF LOS GATOS
By _
P4ayor
RECOMMENDED BY: TOWN.
R. L. WARNICK
Director of Public Works By
GREEN VALLP.Y.
By
NILSSON,
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