1993-157-Authorizing The Execution Of An Release Agreement With Ladislav Pataki & Gizela PatakiRESOLUTION 1993 -157
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN RELEASE AGREEMENT WITH
LADISLAV PATAKI & GIZELA PATAKI
WHEREAS, Owners warrant that they are the fee owners of the property located
at 129 WHEELER AVENUE (APN 532 -36 -017), Town of Los Gatos, County of Santa
Clara, State of California (hereinafter 'Property "), and
WHEREAS, the Town of Los Gatos has undertaken a public improvement project
to rehabilitate storm drainage facilities in the neighborhood of the Property, and as part
of the improvement project, the Town has offered to enter the Property and remove an
existing wooden box culvert insofar as practical and accessible, and
WHEREAS, the Owners want to undertake that removal or other work on the box
culvert on their own and do not wish the Town or its contractors to do the work, and
WHEREAS, the Town is willing to pay over to the Owners its estimated savings
from not doing the work, subject to the conditions contained in this Agreement,
BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Mayor is authorized to enter into said agreement
(attached) as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 1st day of November, 1993, by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Joanne Benjamin
NAYS: None
ATTEST:
CLERK OF THE TOWN 4 OS GATOS
LOS GATOS, CALIFORNIA
AG R: °T
RELEASE AGREEMENT REg.
For valuable consideration as specified in this Agreement, the Town of Los Gatos
(hereinafter "Town ") and Ladislav Pataki & Gizela Pataki (hereinafter "Owners "), on behalf
of themselves, their heirs, successors, and assigns, agree as follows:
WHEREAS, Owners warrant that they are the fee owners of the property located
at 129 WHEELER AVENUE (APN 532 -36 -017), Town of Los Gatos, County of Santa
Clara, State of California (hereinafter 'Property "), and
WHEREAS, the Town of Los Gatos has undertaken a public improvement project
to rehabilitate storm drainage facilities in the neighborhood of the Property, and as part of
the improvement project, the Town has offered to enter the Property and remove an
existing wooden box culvert insofar as practical and accessible, and
WHEREAS, the Owners want to undertake that removal or other work on the box
culvert on their own and do not wish the Town or its contractors to do the work, and
WHEREAS, the Town is willing to pay over to the Owners its estimated savings
from not doing the work, subject to the conditions contained in this Agreement,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Town shall pay Owners the sum of $558.00 without admitting liability for the
wooden box culvert in any way.
2. Owners hereby acknowledge ownership and accept responsibility for the wooden
box culvert on the Property and hereby release the Town, its officers, boards, commissions,
employees, and agents from any and all damages, claims or other liabilities, whether known
or unknown, that exist or that might arise in any way at any time because of the existence,
removal, repair, or other aspect of the wooden box culvert existing on the Property. There
is a risk that subsequent to the execution of this Agreement, the Owners or their heirs,
successors, or assigns may incur or suffer loss, damages, or damages that are in some way
connected to the wooden box culvert, but that are unknown or unanticipated at the time
this Release is executed. The Owners hereby assume the above- mentioned risks and
understand that this Agreement applies to all unknown or unanticipated results of the
transactions and occurrences described above, as well as those known and anticipated, and
the Owners hereby waive any and all rights under California Civil Code § 1542, which reads
as follows:
"A general release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor."
N: \ATY \PATAKIRL.DES 1 10/11/93
EXHIBIT A
4. This is the entire agreement between the parties, and all preliminary and contemporaneous
agreements and understandings are merged and incorporated into this Agreement.
Dated:
Dated:
APPROVED AS TO FORM:
TOWN ATTORNEY
LADI LAV PATAKI
IZELA PATAKI
TOWN OF LOS GATOS
By
MAYOR
ATTEST:
MARIAN V. COSGROVE
CLERK OF THE TOWN OF LOS GATOS
N: \ATY\PATAKIRLDES 2 10/11/93