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2003-003-Rescinding Resolution 2002-151 And Approving Final Map Of Tract No 9368 Accepting The Dedications And Authorizing The Town Manager To Sign The Revised Contract
RESOLUTION 2003 - 003 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS 'GATOS RESCINDING RESOLUTION 2002-151 AND APPROVING FINAL MAP OF TRACT N0.9368, ACCEPTING THE DEDICATIONS AND AUTHORIZING THE TOWN MANAGER TO SIGN THE REVISED CONTRACT WHEREAS, on November 7, .2001, the Planning Commission of the Town of Los Gatos approved the Tentative Map Application M - Ol-8, with conditions; and WHEREAS, those conditions required the Owner or Subdivider to do the following: 1. That prior to the delivery of said Map to the Owner of said subdivision, and prior to its recording, the Owner or 'Subdivider of said subdivision shall enter into and execute an agreement between the Town of Los Gatos and the said Owner or Subdivider on that certain proposed Subdivision Agreement on file in the Office of the Town Clerk, entitled, "Contract for the Improvement of Tract No. 9368'", wherein the Owner or Subdivider in consideration of the approval of said Map by the Town and acceptance Eby the Town of the dedication of lands for public use therein contained, shall agree to construct and complete, within the time specified in said agreement, all street and other improvements required of Owner or .Subdivider under the provisions in Chapter 27 of the Code of the Town of Los Gatos, .and such other street, sewer, or other improvements designated or mentioned in said agreement and/or and as specified in the Plans and Specifications for Tract No. 9368. 2. That said Owner or Subdivider shall, before the release of said Final Map to Owner of Record, and as a condition precedent to the recording thereof, furnish to the Town and file with the Town Clerk cash, or a good and sufficient bond in form to be approved by the Town Attorney, securing the faithful performance by said Owner or Subdivider of all work, and the construction of all improvements herein in this agreement mentioned, and within the time herein specified, the amount of cash or said bond to be Two Hundred Thousand and 00/100 Dollars ($200,000). That said Owner or :Subdivider shall, before the release of said Final Map to Owner of Record, and as a condition precedent to the recording thereof, furnish to the Town and file with the Town Clerk certificates or policies of public liability and property damage insurance in form .satisfactory to the Town Attorney, providing public liability insurance in the amount of Five Hundred Thousand ($500,000.00) Dollars for each person, .and One Million ($1,000,000.00) Dollars for each accident or occurrence, .and property damage coverage of Two Hundred Thousand ($200,000.00) Dollars whereby the Town of Los Gatos, and in their capacity as such, its Council members, officers, boards, commissions, and its employees will be insured, indemnified, and held harmless from any and all claims of any kind or nature arising or resulting from the construction of said improvements or other work of subdividing within or outside the said subdivision, and/or arising or resulting from or concerning the doing or failing to do so by said Owner or Subdivider of all things required to be done in the above mentioned agreement between said Owner or Subdivider and the Town of Los Gatos. WHEREAS, the Owner or Subdivider has complied with the conditions of Tentative Map Application M - 01-8. NOW, THEREFORE, IT IS RESOLVED that the certain Final .Map of Tract No. 9368 in the Town of Los Gatos,, dated December 2002, and prepared by TS Civil Engineers, Inc. for approval by the Town Engineer of the Town of Los Gatos, is hereby approved; the Town Manager is hereby authorized to execute the agreement with the .Subdivider and all offers of land for public use therein made on said Map are hereby .accepted. FURTHER RESOLVED, by the Town Council of the Town of Los Gatos, a municipal corporation of the County of .Santa Clara, State of California, that Resolution 2002-151, adopted .September 16, 2002 is hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 6th day of January, 2003 by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Sandy Decker. NAYS: None ABSENT: None ABSTAIN: None SIG THE TOWN OF LOS GATOS LOS UATOS, CALIFORNIA ATTEST: Cr.---~-__.~~~ -, ~~v' 1~1 CLERK OF THE TO 1~ F LOS ~ OS LOS GATOS, CALIFORNIA OFFICE OF THE TOWN CLERK TOWN OF LOS 'GATOS AGR ~.~ ~ 2 ~ S ORD 110 E. Mnu~ STx~r REC RO. Box 949 1 REVISED CONTRACT FOR THE IMPROVEMENT OF TRACT N0.9368 LOS GATOS, CALIFORNIA This agreement, made and entered into, effective uponthe last datethis document is signed by the parties hereto, by and between the TOWN OF LOS GATOS, a municipal corporation of the State of California, after this called "TOWN," and McCarthy Land Company, LLC, after this called "SUBDIVIDER," whose principal place ofbusiness is P.O. Box 361256, Milpitas, CA 95035-1255. WITNESSETH WHEREAS, SUBDIVIDER is engaged in subdividing that certain tract ofland known and designated as Tract No, 9368, in the Town of Los Gatos, County of Santa Clara, State of California; and WHEREAS, a Final Map of Tract No. 9368, after this called "MAP," has been filed with the Town Clerk of Los Gatos, for presentation to the Council for its approval, which map is incorporated herein by reference; and WHEREAS, SUBDIVIDER has requested approval of the MAP before the completion of improvements of all streets, highways, or public ways and sewer facilities hat are a part of or appurtenant to Tract No. 9368, including the.necessary curbs, gutters, paving, catch basins, pipes, culverts, storm drains, sanitary sewers, street lighting and street trees, street signs, including. water system and fire .hydrants acceptable to San Jose Water Company and Santa Clara County Central Fire Protection District, all according to the plans and specifications for all or any of said improvements in or appurtenant to Tract No. 9368, which plans and specifications are now on file in the Office of the Town Engineer of said TOWN; the plans and specifications are composed of: Sheets numbered: 1 - 21 Prepared by: Entitled: Dated: After this called "PLANS"; and TS Civil Engineering Improvement Plans for Vineyard Heights, {Tr. No. 9368) September 2002 WHEREAS, the Town Council of said TOWN did, on the 6"' day of January, 2003, adopt a Resolution approving the MAP and accepting the dedications therein offered, subject to and on condition that the SUBDIVIDER first enter into and execute this Agreement with the Town of Los Gatos,. and provide the TOWN with such security for performance and insurance and all other things as required by this Agreement and by the Resolution; N:\B&EIENGR-PROJECTS\Tract 9368\Contract-Revision i.wpd INCORPORATED AUGUST 1O, ZSS7 Document Revised: 12/26/02 '~~ Revised Format: 6/6/2000 L Page 2 TOWN OF LOS GATOS Contract for the Improvement of Tract No 9368 NOW, THEREFORE, to insure satisfactory performance by SUBDIVIDER of these obligations, and in consideration of the .approval of the MAP, the .parties hereto do now agree as follows: 1. COMPLETION TIME SUBDIVIDER shall construct alLofthe improvements and do all the work hereinabove orhereinafter mentioned, all according to and to the extent and as provided in .the Plans and to .meet all Town Ordinances and the laws of the State of California. Work shall be completed within one (1) year from the date of this Agreement. 2. DEDICATIONS TO THE TOWN As part of the performance of its obligations under the approval, the SUBDIVIDER shall grant to the TOWN for public use, the realproperty consisting of a 40 ft. right-of--way and 32 ft. radius cut-de-sac to extend and complete Foster Road within the SUBDIVIDER'S property, using such instruments of conveyance as the TOWN may require. The SUBDIVIDER warrants that the TOWN willreceive title to such real property,_free of encumbrance. This warranty shall survive delivery of the instrument. 3, FAITHFUL PERFORMANCE SECURITY SUBDIVIDER shall, before the release of the MAP by the TOWN, for .filing for record and as a condition precedent to the recordation of}t, furnish to the TOWN and file with the Town Clerk cash, an instrument of credit, or a bond as provided by the Subdivision Map Act, in a form approved by the Town Attorney, securing performance by SUBDIVIDER of all work shown on the .Plans, and completion within the agreed time. The amount of cash, instrument of credit or .bond shall be Two Hundred Thousand and 00/100 Dollars .($200,000.00). It is further agreed that after final .acceptance of the work, ten (10%) percent of the bond or cash shall remain in effect to guarantee the repair and replacement of defective materials and construction, furnished or done by the SUBDIVIDER discovered within one (lj year after final .acceptance of the subdivision improvements bythe TOWN. This limitation on the security does notshorten any time during which theTOWN may act to enforce the SUBDIVIDER's obligations under the terms of this agreement, nor shorten any time during which TOWN or any other person .may bring an action in an appropriate court regarding the subject or performance of this agreement. 4. LABOR AND MATERIALS SUPPLIERS'SECURITY SUBDIVIDER shall, before release of the MAP by the TOWN, and as a condition precedent to its recordation, also furnish the TOWN and file with the Town Clerk cash, an instrument ofcredit, ora good and sufficientbond in form approved by he Town Attorney, securing payment to the Contractor, Subcontractors, and to persons renting equipment or furnishing labor. or materials to them for the improvements, the amount of additional cash, instrument ofcredit, or bond to be Two Hundred Thousand and 00/100 Dollars ($200,000.00). N:16&E\ENGR-PROJECTS\Tracf9368\Contract-Revision t:wptl Document Revised: 12/5/02 Form Revised: 6/6/2000 ` ` Page 3 TOWN OF LOS GATOS Contract for the Improvement of Tract No 9368 5. HOLD HARMLESS SUBDIVIDER does expressly agree to .indemnify and hold harmless the Town of Los Gatos, its Town Council Members, Boards, Commissions, employees and agents, from any and all loss or damage,.and.from any and all liability, including cost of defense, for any and all loss or damage, and from any and all suits, actions or claims filed or brought by any or all persons or person because of or resulting from the doing by SUBDIVIDER of any .and all things required of SUBDIVIDER by this Agreement, or because of or arising orresulting from the failure or omission by SUBDIVIDER to do any and all things necessary to and required by this Agreement or bylaw, or arising or resulting from the negligent doing by SUBDIVIDER, SUBDIVIDER'S agents, employees or subcontractors of any and all things required to be done by this Agreement, or arising or resulting from any dangerous or defective condition arising or resulting from any of the above said acts or omissions of SUBDIVIDER, SUBDIVIDER'S agents or employees. 6. INSURANCE SUBDIVIDER shall, before the release of the MAP by the TOWN and as a condition precedent to the recordation thereof, furnish to the TOWN and file with the Town Clerk, and at all times during the performance of its obligations under this Agreement maintain the insurance described in Exhibit A. 7. TIME EXTENSIONS If performance of this Agreement should be delayed without fault of the SUBDIVIDER, the time for the construction of same maybe extended by the Town Council-for such period of time as is reasonable delay. 8. STORM DRAINAGE SUBDIVIDER expressly agrees, at the SUBDIVIDER's cost and expense, to provide adequate drainage within the aforementioned Tract No. 9368 and construct storm drainage discharge facilities into Storm Drainage Basin II. 9. STORM DRAINAGE FEE SUBDIVIDER:has heretofore paid to the TOWN storm drainage fees pursuant to the provisions of Chapter 24 of the Los Gatos Town Code, in the total amount of Twelve Thousand and 00/ 100 Dollars ($12,000), calculated at the rate of $2,000 per acre, not to exceed one (1) acre per lot, for the area within the boundaries of Tract No. 9368. SUBDIVIDER has reviewed the calculations for the storm drainage fees and agrees that they are correct. 10. MAP CHECK, PLAN CHECK AND INSPECTION FEES SUBDIVIDER has previously paid the TOWN the sum of One Thousand. Nine Hundred and 00/100 Dollars .($1;900.00) to defray the costs incurred by the TOWN in reviewing and checking the MAP for Tract No. 9368, the sum ofNineThousand Six Hundred and 00/.100 Dollars ($9,600.00) to defray the costs incurred bythe TO WN in reviewing and checking the Plans and Specifications, and the sum of:Eghteen Thousand Three Hundred and N:\B&EIENGR-PROJECTS\Tract 9368\Contract-Revision 1.wpd Document Revised: 12/5/02 Form Revised: 616/2000 Page 4 TOWN OF;LOS GATOS Contract for the Improvement of Tract No. 9368 00/100 Dollars ($18,300.00) to defray the costs incurred by the TOWN in inspecting the construction of the improvements within said Tract. 11. MAINTENANCE OF PUBLIC INFRASTRUCTURE The SUBDIVIDER shall maintain all public infrastructure (streets, sidewalks, right-of-way, street light, storm .drainage facility, sanitary sewer, etc.) in a safe and usable condition at all times during construction. Should any public infrastructure become unsafe, unusable or inoperable because of the SUBDIVIDER'S activities, the SUBDIVIDER shall immediately cease all work on the project until the public infrastructure is made safe and usable, for which the SUBDIVIDER Shall be solely responsible. 12. CERTIFICATES OF OCCUPANCY The TOWN will not issue any R-3 Certificates of Occupancy forsingle family homes to be built within Tract No. 9368 until all improvements shown on the PLANS have been completed by the SUBDIVIDER and accepted by the TOWN. 13. AS-BUILT PLANS After completion of the construction of all work in the publicright-of-way or public easements, the original plans shall have all changes (change orders and :field changes) clearly marked. The "As-built" .plans shall again be signed and "wet-stamped" by the engineer who prepared the plans, attesting to the changes. The original "As- built" plans shallbe reviewed and approved the Engineering Inspector. A photo Mylar of the approved"'As-built" plans shall be provided to the TOWN before the release of the Faithful Performance Security. 14. NOTICES Notices regarding this Agreement shall be,given as follows and shall be considered effectiveupon either personal delivery or five (5) days following deposit in the U.S. Mail. To SUBDIVIDER: Joe McCarthy McCarthy Land Company, LLC P.O. Box 361256 Milpitas, CA 95035-1256 To TOWN: Kevin Rohani, Town Engineer Parks and Public Works Department P.O. Box 949 Los Gatos, CA 95031 tJ:\B&EIENGR-PROJECTS\Tract 93681Contract-Revision i.wpd Document Revised: 12/5/02 Form Revised:8/6/2000 ' Page S TOwN OF LOS GATOS Contract for the .Improvement. of Tract No. 9368 15. WAIVER Waiverof a breach of default under this Agreement shall not form a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Agreement. 16. SEVERABILITY If any term of this Agreement is held invalid bya court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 17. ENTIRE AGREEMENT AND AMENDMENT This Agreement constitutes the complete and exclusive statement of this agreement between TOWN and SUBDIVIDER. No verbal agreement or conversation with any officer, agent, or employee of TOWN, either before,. during or after the execution of this Agreement, shall affect or modify any of the .terms or .obligations contained in the Agreement. TOWN OF LOS GATOS TOWN MANAGER DATE:. ATTEST: TOWN CLERK APPROVED AS TO FORM: - ~~ TO}~R~ATTORNEY DATE DATE: ~1 ' 16 ~ ~Z RECOIVIMEN ED BY: DATE: ~.Z '"- ~,Z "" d Z TOWN ENGINEER Ni188E\ENGR-PROJECTS\Tract 9368\Contract-Revision 1:wpd DocumenGRevised: 12/5/02 Farm Revised: 6/612000 \ ~ Page 6 TOWN OF LOS GATOS Contract for the Improvement of Tract No 9368 SUBDIVIDER McCarthy Land Company, LLC e~/G/yZ DATE: Joe by DATE: Ni\B&EIENGR-PROJECTS\Tract 9368\Contract-Revision 1.wpd Document Revised: 12/5/02 Form Revised: 6/6/2000 Ivuv, -L / ul IWLU) t U : U l AtjU-uLr u.'.,i, OUS 1 NESS TEL ~ 6S0 6S4 4143 Cti ( #~_5087a .. ._ _ (~ Nt_ _c*~.A T~~ C~RTIfi4AT~ QF ~,IABILITY INSURANCE PRODUCER TH CEpTIPICATE IS I&SU6p AS A ti Oeriera]. Busiries aNLY aNO ~enrR^ole un RIQ ABD ~nsuranCe & Financial Serv~,ces 305 Walnut Street Redwood City, CA 94053 INOUReo ~ ~~ - -" -- McCarthy Land Company, LLC P.O. Box 361256 Mlipltas, CA 95035 o p P. 002 OAYC (MMA7DIYY) x.1/27/02 1NSUR~AS AFFORDING CGVERAOi INSUgERA: Clasen-~ Amex~~'Inaurance C~ IN9llRpA p; INBURkh G: IN8Ur1En E: ' THE POLICIE6 OF'IN9URANCL `~IgTED aELOW HAVE BEEN ISSUED TO THR INSURE4 NAMEp ABOVE FOR THE ANY NEQUIREMfiNT, TERM Op CONDITION dF ANY CONTRACT OR OTHk~Fi DOCUMENT WITM RESPECT T4 MAY PERTAIN, THE INSURANCE AFFORQED BY THE pOLICIE9 OESCRIEFD HER21N yS SIJp,IECT TO AI.L_ THE POuCIES, Ar3GREQATE kIMITS SHOWN MAY HAVff eeeN RF000GD eY PAID C~AIM3, R aeNeRA4 ~lAelurY W'Z'2 0112 4 4 X CCMMEROW.oL+NERALL1AeILITY cU-IM8 MADE I x~ CCCUq X 87~~p Ded:25000 G~N'LAQQRfaGAI' LIMITAPPIIEBPER: AVT~r10R1~6 UA9ILITY ~YAUTG _ AI-). oWNRp AUT08 eCHEpu~ep AUTCS HIRfeD AUT08 NCN~GWNCD AUTOB ~- I ' ~ARAG@ LIApIWTY ANy Auro EYGSS6'GIA9(GITYr ~uR l .._,I CI.:AIM9 MADE 0@GUCTI6LE RETENTION 9 ` WQRK@Re CONPRN9ATION ANo EIMPLOYER@' LIAdItITY 07/23/02j01/23/~03 OFFICE OF THE TCI'e~<°1'+I CILERI~ ~ ~;~ , RESO PLRIOpiN01CATED. NOTWITMSTANDINO THIS CERTIFICATE MAY Bf: IS9uEp OR EXCGUSIONs ANP CGNDITIDN9 OF SUCH uwnra • --- •- o000RRENO@ F~ r~Q.t~.Q ~ IAMAOE (MY ena Aro) ~ ANAL L ApV INJURY i3 , D O Q ~ Q O'er ~aL AGGR6oATe ,, s 0 0 0, 0 0 0 1 1CT8 -coMwOP Ac~O S3 0 Q, O O Q QOMpINRp 91NG{.E LIMIT t (Ee twoldalt) BOpI{.Y INJURY j (Perp~Ap~J BapII.Y INJURY S (Per~ccld~nq P~pCPERTY DAMJ1gG (Pir aoalat,q 5 - AUTO ONLY • EM AC~ID6NT ~ DTH6R THAN 6A ACC _ AUTO ONLY: AGG i - EACH CCGURRBNCG S --- AQgR~QgTE f , - s • - ... . - .. a c.~. CTH¢R -_-_.,...._.. _...rrnn rrr..w«....~nunanFrlru~.pnl~GLU010NS ADD@p BY ENpDRSBMENT/BPfsD1AL PRDV1810N8 The town of Lop Gataa, and in the3x capacity as such, .its Council members, officers, boardl~, camrniesione, and its ®mployeesl wi1D. be inau~ed, indemnified, and held harmless from any and all claims of any kind or nature arising oz' resulting from the conatz~uctiori of sa~.d improvements or (.See Attached Descr~.ption®) Town of Los Gatos Attn; Toyvn Cferk 110 E. Main Street 'PrO. Aox 949 Los Gatos, CA 95031 ACOAI] ?.S-S (7/87)1 f , SNOLILD ANY DF7}{EAppyE pBBCRIY@p POLICIeB D@ CANCALLCD BEFaRK TN@ @><PIRATICN CATS TN6R@OF, THE 198LNN0 INSURER WIL4~AI43 Q._ DArayyR~@N NOTIC@TDTNR CERTiFICaTE Hot:p@RNAMEpTOTH@~eFT, 0 3 #~~~.~~nl/MgZ6527 MCCARL,AND MXW 0 ACORp CORPORATION 1 NOV, -27' 021WED) 10 ~ O1 AUD-GENERAL BUS i 1`~i~~)> TEL ~ 6S0 654 4143 P. 003 tMPORTANI' If the certirycate :holder is an ADDITIONAL INSURED, the polioy(iea) must b• a~dcraed. A atatemont an this oertlflcate pose not confer rights 30 .the certlfiCate holder in 11eu of suoh endorsement(s). If SUBROGATION IS WAIVt=p, supject to the terms aid condltione of the policy, certain policios may require an endorsement, A Qtatement on this certificate dyes not confer rights to the cmrtlflcate holder 1n lieu of such endorsement(s). bISCLA'IMrrR The Gsrtifioata of Insurance an the .reverse side of this form dose not oonsgtute a contract between th® issying Insurar(a), authorized representative or producer, and tho oertlflcate holder, nor .does it attl-metively or negatively amend, extend or :alt®r the coverage Qryorded py the policies ll~ted thereon, ACOR02ti-8(7/97)2 pf 3 #Sg9,3~A1/M428527 wuv, -c ~ uc ~rrau~ iu ~ u1 HdU-ul;YGttHL nua irvcaa ~'Gl,~ b0u bJ4 414J f . UU4 ~~SCRIPTION ~ _ _ S (Continued from Page 1) other work of ~ubdiv~.ding within or outside the said subdivision, and/or arising or resulting from or conaern~,ng the doing or failing to do eo by said Owner or Subdivider oP all things xequired to be done in the above mentioned ~.nt he above mentioned agreement between owner and the Town of Los Gatos. R~'VI9ED AM$28~3(07I97~ 3 of 3 ~$4434A~, M428527 NOV, -27' 021WED) l0 ~ U 1 pO1.ICY NUM~EiR: ABD-GENERAL BUSINESS (_ W'~20112Q4 TEL~oSO 654 4143 P,OOS .. ~,.. _~ COMMERCIAL GENERAI. LIABILITY THIS ENDORSEMENT CMANOES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON or ORCAN'IZATIC?N Thls endorsement modlfles Insurance provided under the #ollowlnp, COMMERCIA!_ GENERAL LIABILITY COVERAGE PART SCHEDULE Name of .Person or Qrgan1zation: Town of Loe ~atoe Attn: Town Clerk 17.E E, Main Street F . 0 , 8oa~ 94 9 Lop Gdto9, CA 96031 {If no entry appears above, Information roqulred to complete this endorsement will be shown In the Declaratlcns as applicable to this endarsemer~.) WHO IS AN iNSURED (Bastion II) is am~ended to 'Include as an insured .the person or or enization shown in the Schedut®, 'but only with .respect to liability arising out oP your operations or'premisea ~wned by or rented #o you. The town of Los Gatos, and in their capacity ae sueh, it:s Council members, officers, .boards, commipe~,onp, and Sts employees will be insuxed, indemnified, and held harmless from any and all claims of any kind or nature arising or result ng from the eon9truction of said improvement:a or other work of eubdirridirtg within or outside the said subdivision, and/or ar~.e4.ng or• resulting from or concern~.rig the doing bx t's].ing to do ao by.eaid Owner or Subdivider of ali things required to be done in the abo•rre mentorled i~nt hG above mentioned agr®ement between Owner and the Town of Los Qatos. REVISED • • PRIMA~2.X TNSURp,NCE IT IS UNDERSTOOD AND AGREED THAT THIS '.INSURANCE IS ]?RIMARY AND ANY OTHER TNSiJR,ANCE MAINTAINEp 8Y T'HE ADDITTONAI, ,INSURED SI~ALI, aE EXCESS ONLY AND NOT CONTRIBUTIN© WITH THSB INSURANCE, CG 2Q 26 1 ~ 86