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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"