1986-001-Authorizing Agreement For Participation In The Installation Of Street Improvements At The Intersection Of Lark Avenue And Route 17 Southbound On/Off Ramp (16615 Lark Avenue)RESOLUTION NO. 1986 -1
RESOLUTION AUTHORIZING AGREEMENT FOR
PARTICIPATION IN THE INSTALLATION OF STREET IMPROVEMENTS
AT THE INTERSECTION OF LARK AVENUE AND ROUTE 17
SOUTHBOUND ON /OFF RAMP (16615 LARK AVENUE)
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that the TOWN OF LOS GATOS enter into that agreement entitled
"AGREEMENT FOR PARTICIPATION IN THE INSTALLATION OF STREET IMPROVEMENTS AT THE
INTERSECITON OF LARK AVENUE AND ROUTE 17 SOUTHBOUND ON /OFF RAMP (16615 LARK
AVENUE) ", with Fountain Lane Properties, Ltd., a copy of which is attached hereto,
and that the Mayor is authorized, and he is hereby directed, to execute said
agreement in the name and in behalf of the TOWN OF LOS GATOS.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos held on 6th day of January 1986 by the
following vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito, Brent N.
Ventura, and Mayor Terrence J. Dail
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Eric D.
SIGNED: fin a
ATTEST:
-- - -----
a'�
E TOWN OF LOS
TOS ,
v
AGREEMENT FOR PARTICIPATION IN THE INSTALLATION
OF STREET IMPROVEMENTS AT THE INTERSECTION OF
LARK AVENUE AND THE STATE ROUTE 17 SOUTHBOUND ON /OFF RAMP
This agreement is made and entered into, effective upon the last date this
document is signed by the parties hereto, by and between the TOWN OF LOS GATOS,
a hereinafter called "TOWN ", a city, and FOUNTAIN LANE PROPERTIES, LTD.,
hereinafter called "DEVELOPERS ", whose current business address is 247 NORTH
THIRD STREET, SAN JOSE, CALIFORNIA 95112, and is made with reference to the
following facts.
The DEVELOPERS in Proceeding Nos. M -82 -3B and S -82 -1B have sought permission
from the TOWN under the provisions of the Town Zoning Ordinance to change the
use land in the TOWN. The land is located at 16615 LARK AVENUE, Los Gatos,
California.
The Town Planning Commission has granted the permission, on finding that
approval of the development proposal is proper if the obligations referred to in
this agreement are met by the DEVELOPERS.
THE PARTIES AGREE AS FOLLOWS:
1. The TOWN shall, at its expense, prepare plans and specifications for
the construction of street improvements at the intersection of Lark
Avenue and the State Route 17 southbound on /off ramp.
2. The TOWN shall advertise for sealed competitive bids for the work and
shall award a contract to the lowest responsible bidder.
3. Upon completion of the work and within 10 days after Town Council
acceptance of the project for the street improvements, the DEVELOPERS
agree to submit a cash payment to the TOWN in an amount equal to the
cost of the DEVELOPERS' share of the street improvements as determined
by the unit price and lump sum price schedules contained in the bid
submitted by the lowest responsible bidder and the final quantities of
work installed by the Contractor.
4. The TOWN shall complete the construction of said street improvements
within five years from the date of issuance of building permits for the
16615 Lark Avenue office building.
5, With this agreement, the DEVELOPERS are furnishing the TOWN a cash
deposit in the amount of $26,500.00 to secure the DEVELOPERS
performance of all their obligations under this agreement. After the
cash payment, as outlined in Paragraph 3, is rendered to the TOWN
obligations of the DEVELOPERS pursuant to this agreement, shall be
considered as complete and the cash deposit will be released by the
TOWN.
6, In the event of litigation to enforce the terms of this agreement, the
prevailing party shall have its costs and reasonable attorney's fees
and expenses. Interest on the total amount of any money damages,
liquidated or unliquidated at the time of filing of such action will
run from the date of filing at the yearly rate of nine (9q) percent.
The $26,500.00 amount of the cash deposit is not a limit on the
DEVELOPERS' liability, if he fails to pay the amount of money specified
in Part 3 of this agreement, and if the total of the share of the
street improvement bids are greater than $26,500.00.
TOWN OF LOS GATOS
Date:
ATTEST:
Date: f — /-
APPROVED AS TO FORM:
Date •
Date: i r
Date:
r
RECOMMENDED BY:
Date: `% ° 91;�
MAYOR
4i e
TOWN CLERK— „-
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! 4 .,5 "✓ t` ' F .ter " ,
TO A IIU RNEY —
DEVELOPERS:
FOUNTA N LAN W; zR0PKRTIES, LTD.
By:
2
T0 WN IWG INEER
RECEIPT a. 19 4689
Received Fro
•
Job No. 81216-2
January 29, 1985
BID QUANTITIES
ENGINEERS ESTIMATE OF PUBLIC
STREET IMPROVEMENTS FOR
LARK AVENUE, LOS GATOS
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ITEM
QUANTITY
UNIT
DESCRIPTION
UNIT PRICE
AMOUNT
1.
1
ea.
Relocate "Ped Xing"
Sign
$ 250.00
$ 250.00
2.
1
ea.
Relocate Fire Hydrant
11000.00
1,000.00
3.
2
ea.
Relocate Signal Box ,
2,000.00
4,000.00
4.
1
ea.
Relocate Traffic Light
1,500.00
1,500.00
5.
1
ea.
Relocate Electrolier
750.00
750.00
6.
5000
S.f.
Street Curb, Gutter &
Sidewalks Grading
.50
2,500.00
7.
4000
s.f.
8" Base Rock Street Area
X6,7 o
p°d
8.
1000
s.f.
3" Rock Cushion Curb,
& Side Walls
.30
300.00
9.
4000
s.f.
21" Asph. Conc. Base
,68 O -W
4-r48 . 31tZO.C�
0.
4000
s.f.
1 }" Asph. Conc. Surface
�0 0, 4
1 g 7A,.pp
1.
156
l.f
Conc. Curb & Gutter
10.00
1,560.00
2.
590
s.f.
4" Conc. Sidewalk
(incl. Handicap ramp)
3.50
2,065.00
3.
1
only
Std. Pipe Barpicade
200.00
200.00
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