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Resolution 463 RESOLUTION NO. ~ / WHEREAS, the City of Gilroy, a Municipal Corporation, in the County of Santa Clarq State of California, owns property situated along or close to the Big Llagas Creek in the southern part of Santa Clara County~ and WHEREAS, the said land, together with the lands of other property owners, was flooded and received severe flood damage as a result of the recent heavy rains, and breakage of the levees in the said Llagas Creek~ and WHEREAS, the State of California, including the said area, has been declared a disaster area, and the Santa Clara County Flood Control and Water Conservation District, The County of Santa Clara, The Corp of Engineers, U.S. Army, San Francisco District, and each of them, desire a permit from the said City of Gilroy authorizing each of them, their employees, agents, contractors, or assigns to enter the said property of the City of Gilroy for the purposes of reconstructing or repairing damaged levees, removing obstructions, and other work as necessary on said Big Llagas Creek located within the said owners land~ and WHEREAS, the City of Gilroy is willing to grant such a permit for and in consideration of the benefits to be derived by it~ Now, therefore, BE IT RESOLVED that said permits be issued to the following named Districts and/or organizations for the purposes set forth above: Santa Clara County Flood Control and Water Conservation District, The County of Santa Clara The Corp of Engineers, U. S. Army, San Francisco District LJ03- And to the agents, employees, contractors or assigns of said organizations, and of each of them~ BE IT FURTHER RESOLVED: That the City of Gilroy hold harmless the Permitee from any and all manner of actions, liability, or claims to persons or property by reason of the work performed by said Permitee, their agents, employees, contractors, or assigns in connection with the said permit and/or permits. BE IT FURTHER RESOLVED: that the City Clerk issue said permit in the following form: PERMIT For and in consideration of the benefits to be derived, the undersigned owner(s) of certain real property abutting Big Llagas Creek in the County of Santa Clara hereby grant (s) to the Santa Clara County Flood Control and Water Conservation District, the County of Santa Clara, The Corp of Engineers, U. S. Army, San Francisco District, hereinafter referred to as Permittees, their employees, agents, contractors or assigns, permission to enter their property for the purpose of reconstruc- ting or repairing damaged levees, removing obstructions and other work as necessary on said Big Llagas Creek located within said owner(s) lands. This work is to be done without cost or obliga- tion to the owner (s) of said land. The undersigned owner(s) hereby also agree in consideration of the above work to hold harmless the Permittees from any and all manner of actions, liability and claims to persons or property by reason of the work performed by said permittees, their employees, agents, contractors, or assigns in connection with this Permit. DATED: This .l6.:tP_ day of t.. )LrJ..J. _, 1958. CITY O~F GILROY, a Municipal Corpo 'on ( k)~,.. By ~ /~ 7)~ A- e.~ r ..-~. PASSED and ADOPTED THIS 16 day of Apri, 1958 by the c:f following vote: l-1ayor George C. Milias AYES: Counc i Imen Wentworth, Sanchez, Rush NOES: CouncilmenNone ABSENT: councilmenPate, Petersen, Gallo APPROVED: ATTEST: ..~ .~~~i (;J ~..." AA.-, G. B. Carr, C1ty Clerk I hereby certi~ that the foregoing is a full true and correct cop,y of a Resolution duly adopted by the Common Council of the City of Gilroy at a meeting thereof held April 16, 1958, at which meeting a quo- rum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said City of Gilroy this 16th day of April, 1958. Mt2M./ G. B. Carr, City Clerk ( seal)