1992-076-Authorizing The Director Of Building And Engineering Services To Issue A Revocable Encroachment Permit For A Non-Standard Brick Sidewalk In The Public Right-Of-Way Along 55 Palm AvenueRESOLUTION 1992 -76
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE DIRECTOR OF BUILDING AND ENGINEERING SERVICES
TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR A
NON- STANDARD BRICK SIDEWALK IN THE PUBLIC
RIGHT -OF -WAY ALONG 55 PALM AVENUE
WHEREAS, the property owner at 55 Palm Avenue has agreed to accept all liability
for his /her brick sidewalk placed in the public right -of -way.
WHEREAS, the property owner at 55 Palm Avenue has agreed to construct a
permanent transition ramp to the satisfaction to the Director of Building and Engineering
Services before a Revocable Encroachment Permit is executed by the Director of Building
and Engineering Services.
WHEREAS, the Town and the property owner have agreed on the scope and
maintenance of the work to be done in the public right -of -way and the designated area of
encroachment.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los
Gatos that the Director of Building and Engineering Services is hereby authorized to
execute the Revocable Encroachment Permit for Mr. Norman T. Reynolds at 55 Palm
Avenue, a copy of which is attached hereto, as Attachment "4 ", on behalf of the Town.
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PASSED AND ADOPTED at a regular meeting of the Town Council held on the
4th day of May, 1992, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent Ventura,
Mayor Eric D. Carlson
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: - -_ w
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS G TOS
LOS GATOS, CALIFORNIA
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When recorded mail to:
TOWN OF LOS GATOS
TOWN CLERK
P.O. BOX 949
LOS GATOS, CA 95031
REVOCABLE ENCROACHMENT PERMIT FOR EXCLUSIVE USE OF A PORTION OF
THE PUBLIC RIGHT -OF -WAY AT 55 PALM AVENUE
LOS GATOS, CALIFORNIA
Mr. Norman T. Reynolds, ( "PERMITTEE ") has requested permission from the TOWN OF LOS GATOS,
('Town "), to allow non - exclusive use of a portion of the public right -of -way, adjacent to 55 Palm Avenue,
described on the attached Exhibit "A ", and shown on the attached Exhibit "B ", ( "the Area ").
The Town hereby grants permission for non - exclusive use of the Area subject to the following conditions:
1. This permit is issued to PERMITTEE as owner of and for the benefit of 55 Palm Avenue, as
described on attached Exhibit "C ". Its benefits run with the land and its obligations are binding on the
PERMITTEE and successors in interest.
2. The permit is for non - exclusive use of the Area.
3. PERMITTEE may construct and maintain a brick sidewalk( the Encroachment ") in the Area to the
satisfaction of the Director of Building and Engineering Services.
4. PERMITTEE'S use shall not limit the rights of public utilities or emergency vehicle access
5. This permit is revocable at the Town's sole discretion, on 15 day notice. The Town shall give written
notice mailed to the property address and to the owner's address as listed on the most recent tax
assessment roll, if different than property address. The revocation shall be recorded with the County
Recorder.
6. Upon revocation, within 15 days of mailing of notice, PERMITTEE shall remove the Encroachments,
and reconstruct the sidewalk if necessary in the opinion of the Director of Building and Engineering Services
at PERMITTEE'S expense. If PERMITTEE refuses or unreasonably delays work, the Town will perform the
work and PERMITTEE shall become obligated to pay. If PERMITTEE fails to pay these costs within 30 days
of billing by the Town, the amount due shall become a lien upon the property which the Town may record.
7. The PERMITTEE agrees to maintain the Encroachment in a clean, safe, litter -free condition. The
Director of Building and Engineering Services may order any such maintenance to his satisfaction.
8. The PERMITTEE is responsible for repair of any damage resulting from any and all causes
whatsoever associated with the Encroachment in the Area. Repair shall be completed as quickly as feasible
and in no case later than fifteen (15) days of mailing of written notice by the Town. If PERMITTEE does not
complete repairs, the Town may, but has no duty or obligation to, repair the Encroachment at PERMITTEE'S
expense. if PERMITTEE fails to pay repair costs within 30 days of billing by the Town, the amount due shall
become a lien upon the property which the Town may record.
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9. The PERMITTEE agrees to indemnify, defend, and hold harmless the Town, its officers, agents, and
employees from any claim of liability, resulting in any way from the presence, use, occupancy, or activities
on or in any way associated with or arising from the PERMITTEE'S Encroachment in the Area.
10. The PERMITTEE agrees to maintain comprehensive general liability insurance coverage of no less
than One Million Dollars ($1,000,000) which meets all requirements set forth in Exhibit D.
This permit is not effective until signed by the Director of Building and Engineering Services of the Town of
Los Gatos and recorded in the Office of the Santa Clara County Recorder.
TOWN OF LOS GATOS
Dated:
Scott R. Baker, Director of Building and Engineering Services
PERMITTEE
(Notary acknowledgement required)
STATE OF CALIFORNIA )
) ss:
COUNTY OF SANTA CLARA )
On this day of , in the year of 1992, before me, MARIAN V. COSGROVE, Town Clerk for the
Town of Los Gatos, personally appeared Scott R. Baker, personally known to me to be the person who
executed this instrument as Director of Building and Engineering Services of the Town of Los Gatos, and
acknowledged to me that the Town of Los Gatos executed it.
Marian V. Cosgrove, Town
Town of Los Gatos
APPROVED AS TO FORM:
Katherine Anderton, Town Attorney
REVOCABLE ENCROACHMENT PERMIT INSURANCE REQUIREMENTS FOR PERMITTEES
Permittees shall procure and maintain for the duration of the contract insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the Permittee's operation
and use of the public right -of -way. The cost of such insurance shall be borne by the Permittee.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General
Liability and Insurance Services Office form number GL 0404 covering Broad Form
Comprehensive General Liability; or Insurance Services Office Commercial General Liability
coverage ( "occurrence" form CG 0001).
B. MINIMUM LIMITS OF INSURANCE
Lessee shall maintain limits no less than:
General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with a
general aggregate limit is used, either the general aggregate limit shall apply separately to this
project /location or the general aggregate limit shall be twice the required occurrence limit.
C. DEDUCTIBLES AND SELF - INSURED RETENTIONS
Any deductibles or self - insured retentions must be declared to and approved by the Town. At the
option of the Town, either: the insurer shall reduce or eliminate such deductibles or self - insured
retentions as respects the Town, its officers, officials, employees and volunteers; or the Permittee
shall procure a bond guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following provisions:
General Liability
a. The Town, its officers, officials, employees and volunteers are to be covered as insureds as
respects: liability arising out of premises owned, occupied or used by the Permittee. The
coverage shall contain no special limitations on the scope of protection afforded to the
Town, it officers, officials, employees or volunteers.
b. The Permittee's insurance coverage shall be primary insurance as respects the Town, it
officers, officials, employees and volunteers. Any insurance or self- insurance maintained by
the Town, its officers, officials, employees or volunteers or volunteers shall be excess of the
Permittees insurance and shall not contribute with it.
C. Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to the Town, its officers, officials, employees or volunteers.
d. Coverage shall state that the Permittee's insurance shall apply separately to each insured
against who claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
2. All Coverages
Each insurance policy required by this clause shall be endorsed to state that coverage shall not
be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days'
prior written notice by certified mail, return receipt required, has been given to the Town.
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a Best's rating of no less than A:VII.
F. VERIFICATION OF COVERAGE
Permittee shall furnish the Town with certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and endorsements for each insurance policy are to
be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements are to be on forms acceptable to the Town. All certificates and endorsements are to
be received and approved by the Town before the permit is valid. The Town reserves the right to
require complete, certified copies of all required policies, at any time.
G. ADDITIONAL INSUREDS
The Certif icate of Insurance shall be endorsed as follows:
"It is hereby agreed that the Town of Los Gatos, its Town Council Members, Boards,
Commissions, employees and agents, acting in their capacity as such, are hereby
named as additional insured under this policy."
The Certificate of Insurance shall also state:
"It is agreed that not less than 30 days written notice shall be given to the Town of Los
Gatos before cancellation, or other material change occurs in this coverage."
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