HomeMy WebLinkAbout82-98 •
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RESOLUTION NO. 82-98
A RESOLUTION OF THE CITY COUNCIL
OF THE TOWN OF LOS ALTOS HILLS
APPROVING A COST SHARE AGREEMENT FOR
THE CONSTRUCTION OF THE LA CRESTA
DRIVE LANDSLIDE REPAIR PROJECT CIP98-99
WHEREAS, a landslide occurred on the John and Anita Savides property at 12698 La
Cresta Drive and in the La Cresta Drive public right of way; and
WHEREAS, the landslide damaged the Savides' property and La Cresta Drive, which is
owned and maintained by the Town of Los Altos Hills; and
WHEREAS, the cost of determining who and what caused the landslide and who is
financially responsible would take a significant amount of time and expense to determine;
WHEREAS, the Town and the Savides have agreed to share in the cost of repairing the
landslide and have set forth the terms and conditions of this agreement in the attached
"Cost Share Agreement";
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los
Altos Hills that the City Manager is hereby authorized and directed to execute the Cost
Share Agreement with John and Anita Savides on behalf of the Town of Los Altos Hills,
using the funds for the repair of the landslide as set forth in the agreement.
PASSED AND ADOPTED this 28th day of September , 1998.
By:
Ma •
ATTEST:
ity Clerk
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COSI SHARE AGREEMENT
This Cost Share Agreement ("AGREEMENT") is entered into by and
between THE TOWN OF �SALTOS
AGREEMENT ("TOWN")
f'or reference purposes
SAVIDES ( SAVIDESS ) . This
only, dated September 28, 1998.
RECITALS _
WHEREAS, a landslide occurred at the SAVIDES' residence
("LANDSLIDE") at 12698 La Cresta Drive, Los Altos Hills, California
("PROPERTY") , on or about February, 1998; and
WHEREAS, the LANDSLIDE damaged the SAVIDES' PROPERTY and La
Cresta Drive, which is owned and maintained by the TOWN; and
WHEREAS, the cost of determining
gshoanwhat
caused
the
LANDSLIDE and who is financially rPondle will
significant period of time and may be more expensive than repairing
the LANDSLIDE; and
WHEREAS, the TOWN and the SAVIDES wish to have the LANDSLIDE
repairedee pexpeditiously
ford sharle, and ing thethe c costs of and
repairingSAVIDES
the
have agreed upon
LANDSLIDE; and
WHEREAS, the TOWN has agreed to hire a contractor to repair
the LANDSLIDE and the SAVIDES have agreed to pay three-sevenths
(3/7) of the construction costs, with the SAVIDES ' total
contribution tion n
of to exceed Twenty-Five Thousand Dollars ($25,000) ;
and
WHEREAS, the SAVIDES have agreed to grant
the e theperty and dor its
ts
contractor/agents the right of entry onto
trepair of the LANDSLIDE.
NOW THEREFORE, in consideration of the above recitals, which
are incorporated he ro is byn anarconaitions hereinafter and in further nseteforthn
of the covenants, p
each of the parties agrees as follows:
1. The SAVIDES shall place Twenty-Five Thousand Dollars ($25,000)
on deposit ("FUNDS") with the TOWN or in an account, approved by
the TOWN, from which only the TOWN may withdraw, concurrently with
the execution of this AGREEMENT. Regardless of the cost of the
LANDSLIDE repair, the SAVIDES' contribution will be limited to
three-sevenths (3ivconstruction
costs,
not to exceed the
limit of Twenty Fe Thousand Dollars ($25,000) .
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2. The TOWN shall request bids for the LANDSLIDE repair as shown
on the attacheCalifogrn is GovernmentTOWN Codeshall then
accept a bid pursuant to the
3. The SAVIDES specifically agree tht the
TOWN and its
Ne PROPERTY
contractor/agents shall have the rightentry onto
during the repair of the LANDSLIDE. The TOWN agrees to defend and
d to the PROPERTY during such
SAVIDES against damage cause
indemnify 5
entry and .hold SAVIDES harmless from any damage or injuries rcaused
to TOWN'S contractor or agents during such entry.
4. The FUNDS shall be used to Five Thousand Dollarsay thred-sevenths /7) of($25, 000) ,
construction costs up to Twenty-Five
including change orders, of the LANDSLIDE repair as shown in
Exhibit A. The SAVIDES shall be provided with a copy of the
estimated project costsunit
e with as all
alllling project billing .as
The SAVIDES shall alsoprovided
shown on the unit cost bid.
5. The TOWN shall pay One Hundred Percent (100%) of the design
costs and construction inspection costs in addition to paying for
all construction costs of the LANDSLIDE repair not covered by the
SAVIDES' contribution. In, addition, the TOWN will indemnify and
defend SAVIDES for any and all costs incurred in connection with
removal of any liens arising solely from the TOWN'S LANDSLIDE -
repair.
6. Within thirty (30) days of the acceptance of the repair of the
LANDSLIDE by the TOWN and the filing of the Notice of Completion,
TOWN shall issue the SAVIDES a check
with the TOWN r any FUNDS 2t 2nd were
if the
expended. If the $25, 000 is deposited
TOWN earnsandterest on shall not beeinterest
SAVIDES' , included in anycalculations of the
SAVIDES contribution.
7. In exchange and consideration for the covenants set forth in
Paragraphs 2, 4 and 5, the SAVIDES hereby release and forever
discharge TOWN, its agents, representatives, employees, attorneys,
insurance carriers, successors, and assigns, and each of them, from
any and all claims, debts, liabilities, demands, obligations,
costs, attorneys' fees, expenses, actions, and causes of action, of
every nature, character, and description whether known or time heretofore unknowowned
hold, against TO
which SAVIDES now own or hold, or have at any � or
or held, or may at any time hereafter own or attorneys, insurance
its agents, representatives, employees,
carriers., successors, or assigns, or any of them, by reason of any
matter, cause, orthings whatsoever that have occurred, have been
done, omitted, or abased upon or arisingered to be done lor outto the of, oreinective date
connection
of this AGREEMENT,
with the LANDSLIDE.
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Notwithstanding the above, the SAVIDES may pursue future
claims or actions against the TOWN for any fut re e laodslidthe eccaused
d
by inadequaterepair or improp®r con
struc
LANDSLIDE repair.
8. Except as otherwise provided herein, the parties acknowledge
that this AGREEMENT effects the full, final, and complete
settlement of all claims between them regarding the SAVIDES claims
regarding damage caused by the LANDSLIDE on or
aboutF b ubyary,
1998, except as to those new obligationsestablished
AGREEMENT. Nothing
onto d byn this any party.
AGREEMENT shall be construed
it
as an admission of liability
9. In the event that any litigation occurs concerning this
AGREEMENT, or any other claims compromised thereby, the prevailing
party shall be entitled to its cost of suit, including reasonable
attorneys' fees. This AGREEMENT is made and entered into under the
laws of the State of California, tand Claranue for any County,- Californpate
regarding the AGREEMENT
binding This AGREEMENT shall be upon, and shall inure to the
benefit of all parties and each oftheir
heirs, representatives,
successors, and as g
11. In case any provision of this AGREEMENTMshall be nvinvalid,
N
illegal, or unenforceable, the validity,
r
enforceability of the remaining provisions shall not in any way be
affected or impaired thereby.
12. This is the entire AGREEMENT between the pa
rties witfi supersedes anyspect ect
to the subject matter of this AGREEMENT,
and itall prior agreementse
, negotiations,
this AGREEIKENToare r undertakings
fuel and notha
parties. The terms
mere recital.
13. This AGREEMENT may
o not parties e modified
iedtor amended except by an
instrument executed by
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14. This AGREEMENT may be signed by the parties in counterparts,
each of which so executed shall be deemed an original and said
irrespective f eshall constitute the date of on one and
a ddelivery,
the same.
counterparts together / /
DATED: September -Yr 1998 I A SAVIDES
DATED: September 21 , 1998
JOHN SAVIDES
0
•
DATED: September , 1998 - TOWN OF LOS ALTOS .HILLS
By:
if
Its: AC MANAGER
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