HomeMy WebLinkAboutResolution No. 5410RESOLUTION NO. 5410
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AUTHORIZING EXECUTION OF A RIGHT OF
ENTRY AND HOLD HARMLESS AGREEMENT ;nTITH JOHN CONNOR,
20 UPPER TOYON ROAD, SAN RAFAEL, CALIFORNIA
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES
as follows:
The Mayor and City Clerk are authorized to execute, on
behalf of the City of San Rafael, a Right of Entry and Hold
Harmless Agreement with JOHN CONNOR of 20 Upper Toyon Road,
San Rafael, California, a copy of which is attached hereto,
marked Exhibit "A", and incorporated herein by this reference.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
California, hereby certify that the foregoing Resolution was duly
and regularly introduced and adopted at a regular meeting of
the Council of said City held on the 6th day of February, 1978,
by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
�-ZEAXNE M. LEONCINI, City Clerk
ORIGEN'A1L
RIGHT OF ENTRY AND HOLD HARMLESS AGREEMENT
THIS AGREEMENT entered into on the 17th day of January,
1978, between the CITY OF SAN RAFAEL, hereinafter called "City",
and MR. and MRS. JOHN CONNOR, owners of the property at 20 Upper
Toyon, San Rafael, California, hereinafter called "Owner". The
purpose of this Agreement is to allow City to enter the property of
Owner at 20 Upper Toyon, San Rafael, California, to perform
emergency slide repair work which must be done immediately.
Recitals:
Recent heavy storms have caused a landslide and mudslide to
develop on the City street right of way along a portion of Wolfe
Grade Road and the 20 Upper Toyon property lying above it.
Certain existing debris must be removed from the slide area
as quickly as possible to protect public use of the roadway below.
Because the exact site and location of property boundary
lines is not known, uncertainty exists whether any part or all of
said debris is upon Owner's property or upon the public right of way.
Because of the hazards to public safety caused by the loose
debris lying on a slope above the roadway of Wolfe Grade Road,
immediate measures for removal must be undertaken.
Agreement:
City and Owner hereby agree that the following work will
be done on either the City's or Owner's property:
1. Remove an existing concrete block wall at the top of
the slide which now constitutes a hazard to the public.
• i6xv
2.. Remove concrete curbing at the top of the existing
slide which also constitutes a hazard to the public.
3. Remove existing loose rocks and unstable slide material
which is a hazard to the roadway below.
Owner hereby gives City approval to enter upon Owner's
property, if necessary, to perform any and all work on Owner's
property as directed by City's soils engineer, who will supervise
the work.
Owners agree, jointly and severally, to release, acquit,
discharge and hold harmless, the City of San Rafael, a Municipal
Corporation, its officers, agents, servants, and employees from
any and all actions, causes of actions, claims and demands,
damages, costs or expenses or other relief, whether the same be
at law or in equity, for all work done in conjunction with this
matter on Owner's property.
IN WITNESS WHEREOF, the parties have executed this Agreement
the day and year frist above written.
Approved as to Form
"City Attorne
THE CIT OF SrA
By
t : May "C • ty11
REGINA . BUCHANAN - Deputy City Clerk
City Clerk
2.
"Owner"