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Home My WebLink About36-91 ' r• III • 411 RESOLUTION NO. 36-91 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF ENCROACHMENT PERMIT AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND JOHN BETTENCOURT WHEREAS, the City Council of the Town of Los Altos Hills has read and considered that certain Agreementbetween the Town and John Bettencourt, concerning provision of encroachment into Town Property; NOW, THEREFORE, the Town of Los Altos Hills does RESOLVE as follows: Section 1. Public interest and convenience require the Town of Los Altos Hills to enter into the Agreement described above. Section -2. The Town of Los Altos Hills hereby approves the Agreement and the Mayor is hereby authorized on behalf of the City to execute the Agreement between the Town of Los Altos Hills and John Bettencourt. REGULARLY PASSED AND ADOPTED this 17th day of July ' , 1991. ' ////( / Mayor ATTEST: City C erk PB PMG\1494907M.W50 06 10%91 11006272 • Lijy s PAGEfj0 • T is Document Is Recorded RECO ;D F•r The Benefit. Of The AT REQUEST O T•wn Of Los Altos Hills Tow,+ of • A d Is Exempt From Fee 1�'I�1 P-r Government Code ` Lo' r n S S-ctions 6103 And 27383 . 4U6 5 10 12 1M 11 W en recorded, mail to: 0EF CAL R.ECORYS .,SANTA CLARA 013:4171' TN OF LOS ALTOS HILLS LA��r;{ ' ' NE $W 2 .379 Fremont Road REt-Oi OER. .. L's Altos Hills, CA 94022 A tention: City Clerk ENCROACHMENT PERMIT AGREEMENT This Encroachment Permit Agreement is entered into by and between the Town of Los Altos Hills, a municipal corporation of the State of California ("TOWN") and John Bettencourt ("PERMITTEE") , effective as of the latest date of execution by any party hereto. RECITALS A. PERMITTEE owns the real property commonly known as 12051 Stonebrook Drive, shown on Exhibit A attached hereto. B. The PERMITTEE has applied to TOWN for an Encroachment Permit, and the TOWN wishes to approve the Encroachment Permit requested upon certain conditions. NOW, THEREFORE, IT IS AGREED by the parties as follows: 1. Grant of Permit. TOWN hereby grants to PERMITTEE an Encroachment Permit to construct and maintain a sanitary sewer, which encroachment is described on Exhibit B attached hereto. 2 . Consideration. In consideration of TOWN srantin g g this Encroachment Permit, PERMITTEE shall pay to TOWN, upon PERMITTEE' s execution of this Agreement, Ten Dollars ($10. 00) per foot of encroachment for one thousand ( ) feet a total of Ten Thousand Dollars ( ) . ESO e 5 Sao er 3 . Conditions. This Encr � chment Permit is subject to the following conditions: a. The construction and maintenance of the sanitary sewer shall conform to all applicable Town • • • L 804,- 077 Building and Public Works regulations, and all applicable Town fees for construction shall have been paid. b. PERMITTEE shall maintain and repair the sanitary sewer at its sole cost and expense to the satisfaction of the Director of Public Works until termination or revocation of this Encroachment Permit. If PERMITTEE fails, neglects, or refuses to accomplish any maintenance or repair work determined by TOWN to be required within ten (10) days after the mailing by TOWN of written notice to PERMITTEE to perform such work, then such work may be performed by the TOWN at the expense of PERMITTEE, which expense PERMITTEE agrees to pay to TOWN upon demand. Any expenses incurred by TOWN which are not paid by PERMITTEE within fourteen (14) days of the date of the written invoice to PERMITTEE shall bear interest from that fourteenth day at the maximum rate then allowable by law. c. PERMITTEE shall, upon ten (10) days ' written notice from TOWN, immediately remedy, restore, repair or replace, at its sole expense and to the satisfaction of the City Engineer, all defects, damage, or imperfections in the public right of way, due to or arising from faulty materials or workmanship appearing within a period of two (2) years after the date of completion of the sanitary sewer or any repairs to the public right of way. If PERMITTEE shall fail to remedy, restore, repair or replace said defects, damages, or imperfections as required, TOWN may, at its options, do so at the expense of PERMITTEE, which expense PERMITTEE agrees to pay to TOWN upon demand. Any expenses incurred by TOWN which are not paid by PERMITTEE within fourteen (14) days of the date of the written invoice to PERMITTEE shall bear interest from the fourteenth day at the maximum rate then allowable by law. d. TOWN may revoke the Encroachment Permit for reasonable cause at any time upon thirty (30) days ' advance notice in writing mailed or delivered to PERMITTEE or their successors, . assignees, or transferees. e. If PERMITTEE shall breach or fail to comply with any condition herein contained, this Encroachment Permit shall be revoked upon the TOWN's giving notice in writing to PERMITTEE of its intention to revoke, and PERMITTEE's failure within ten (10) - 2 - • 411 L813O S 1 days of the giving of such notice to correct the breach or to comply with the condition, as the case may be, and without further action being required on the part of the TOWN. f. Upon termination or revocation of this Encroachment Permit, PERMITTEE at its own cost and expense, shall remove the sanitary sewer. If PERMITTEE fails, neglects, or refuses to accomplish the complete removal of the sanitary sewer, such work may be performed by the TOWN at the expense of PERMITTEE, which expense PERMITTEE agrees to pay to TOWN upon demand. Any expenses incurred by TOWN which are not paid by PERMITTEE within fourteen (14) days of the date of the written invoice to PERMITTEE shall bear interest from that fourteenth day at the maximum rate then allowable by law. g. In the event that at any time in the future the Property has access to a public sewer, Permittee shall, within thirty (30) days of such availability of access, complete connection to such public sewer. 4 . Indemnification. PERMITTEE, for himself and his respective successors and assigns, does hereby indemnify and hold harmless, the TOWN, its officers, employees, and agents from and against any and all loss, liability, damages, expenses, claims, and demands of whatsoever character or causes of action for injury or death to any person, or damage to property which may arise out of, or occur by reason of any act or omission on his part, in exercising the rights and privileges granted to him by or in furtherance of this Encroachment Permit, including all costs and attorneys' fees incurred in defending any claim arising as a result thereof. 5. Assessments. PERMITTEE, hereby agrees to pay all sewer assessments or charges which may now or hereafter be established and further agrees not to protest any sewer assessment against the Property or any sewer assessment district in which the Property may now or in the future be included. 6. Insurance. Upon execution of this Agreement, and at all times during any construction, repair or maintenance work being performed by PERMITTEE pursuant to this Agreement, PERMITTEE and/or PERMITTEE's contractors shall have in full force and effect, at their sole expense, for the joint benefit of PERMITTEE and TOWN, a broad form comprehensive policy of public liability insurance, including blanket contractual liability, broad form property damage and completed operations in which TOWN is named as an additional insured and which insures PERMITTEE's performance of the indemnification provision of Paragraph 4. The - 3 - . . . . . . . 111III r) Pw• insurance required hereunder shall be in the amount of five hundred thousand dollars ($500, 000. 00) combined limit for bodily injury and property damage, shall be carried by insurers authorized to transact business in California and shall be primary as to TOWN and non-contributory with any insurance which may be carried by TOWN. 7. No Deed or Grant. This Encroachment Permit does not constitute a deed or grant of any easement by TOWN. 8. Transfer of Permit. PERMITTEE shall not assign or transfer this Encroachment Permit or any rights hereunder without the prior written consent of the City Council of TOWN, except in the event of a transfer of title to the PROPERTY. In the event of a transfer of such title to the PROPERTY, the covenants and conditions contained herein shall be binding upon the transferee or transferees thereof. 9 . Successors and Assigns. This Encroachment Permit Agreement shall run with the land and shall be binding upon the successors and assigns of the respective parties hereto, and upon any future owners of the PROPERTY, and their successors and assigns. 17 JVt�y EXECUTED BY TOWN THIS . ay of (�f(f`�• /, 1991; and I - EXECUTED BY PERMITTEETHIS Z7 'qday of J(Jftl-e_. , 1991. ATTEST: TOWN OF LOS Lr'LT•S H LL_ , j1 By: City Clerk Mayor ' : ITTE -- / John :-ttencourt PB\PMG\1494907K.W50 06/10 /91 - 4 - • ti . F _ o 410 STATE OF CALIFORNIA COUNTY OF SANTA CLARA On this day of , 1991, before me, JOHN BETTENCOURT, a Notary Public, State of California, duly commissioned and sworn, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the above County of Santa Clara on the date set forth above in this certificate. My commission expires: Notary Public, State of California • STATE OF CALIFORNIA COUNTY OF SANTA CLARA On this (>17 day of TGt/v2F , 1991, before me, - Z ,SD )/_Q , a Notary Public, State of California, duly commissioned and sworn, personally appeared "d//,J &, ..67'7' AM70/4 j personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that-he/she- executed the same. - IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the above County of Santa Clara on the date set forth above in this certificate. My commission expires: oma,. OFFICIAL SEAL / // . LEE BOYDN. ary ' Publ:i•� I C�iMI+IPURIC•CAUFORMa IIVITACUIMcouNry • S atej of Cali ornia • Alp Coma Embus Mach 27,1992 PB PMG\1494907K.W50 06/11/91