2010041905 - Tract No. 9910 - Bella Vasona - 17010 17017 Roberts Road - Notice of Completion.~pW N OF
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~o_~,.°05 COUNCIL AGENDA REPORT
S G A~
DATE: APRIL 6, 2010
MEETING DATE: 4/19/10
ITEM NO:
TO: MAYOR AND TOWN COUNCIL
FROM: GREG CARSON, TOWN MANAGER
SUBJECT: TRACT NO 9910 - BELLA VASONA (17005 AND 17017 ROBERTS ROAD)
ADOPT RESOLUTION ACCEPTING WORK OF EDEN HOMES LLC, AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF
ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY
CLERK ADMINISTRATOR
RECOMMENDATION:
Adopt a Resolution accepting work of Eden Homes, LLC, and authorizing the Town Manager to
execute a Certificate of Acceptance and Notice of Completion for recording by the Town Clerlc
Administrator.
BACKGROUND:
The developer, Eden Homes, LLC, requested approval to construct 7 townhouse units. On
October 16, 2006, the Town Council approved the Planned Development Ordinance (Ordinance
2152). The Tentative Map (M-07-11) was approved by the Development Review Committee on
December 22, 2006. The Final Map for Tract 9910 was approved by the Town Council on June
18, 2007 Resolution 2007-078, and was recorded November 29, 2007.
DISCUSSION:
The Tract 9910 Bella Vasona development was required to dedicate property along Roberts
Road frontage and complete improvements to continue the curb, gutter, sidewalk and paving in
that area. Additionally, the existing traffic signal at the Blossom Hill Road/Roberts Road (East)
intersection was required to be modified. The work was completed to Town standards in August
of 2009.
The Developer posted security, in the form of bonds, to ensure that the public improvements
would be constructed to Town standards. The Town typically releases 90-percent of the security
PREPARED BY: TODD CAPURSO `~-'~ ~ -~
Director of Parks and Public Worlcs
Reviewed by: ''Assistant Town Manager ~~'own Attorney Clerlc Administrator
Finance Community Development
N:\PPW\MANAGEMENT\COUNCIL\COUNCIL REPORTS\2010 Reports\April 19\Tract9910.FinalAcceptance.doc
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: TRACT NO. 9910 -BELLA VASONA (17005 & 17017 Roberts Road)
APRIL 6, 2010
upon recordation of the Certificate of Acceptance and Notice of Completion, and retains 10-
percent for two years.
CONCLUSION:
This project is now ready for approval and acceptance by the Town and the release of 90-percent
of the security.
ENVIRONMENTAL ASSESSMENT:
This activity is a project as defined under the California Environmental Quality Act {CEQA), but
is ministerial; therefore no further action is required under CEQA.
FISCAL IMPACT:
There is no .direct known fiscal impact associated with accepting these previously required public
improvements. However, once accepted these improvements become part of the Town's
infrastructure which must be maintained. The future costs are not known at this time. New
development in the subdivision will yield new property tax revenues to the Town in future years.
AttanhmPntc•
Resolution accepting work of TRACT NO. 9910 -BELLA VASONA (with Exhibit A -
Certificate of Acceptance and Notice of Completion)
Pi etrihnti nn •
Eden Homes, LLC, Attn: Khurram Iqbal, 1100 N. First Street, Suite E, San Jose, CA 95112.
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF
EDEN HOMES, LLC
AND AUTHORIZING'THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY THE CLERK ADMINISTRATOR
WHEREAS, on June 18, 2007, Resolution 2007-078, the Town Council approved the
final map for Tract 9910 Bella Vasona (17005 and 17017 Roberts Road); and
WHEREAS, Eden Homes, LLC has satisfactorily completed the public improvements
consisting of installation of curb, gutter, sidewalk, paving and traffic signal modification as
required by the final map; and
WHEREAS, the public improvements have been satisfactorily completed; and
WHEREAS, the development is now ready for approval and acceptance by the Town of
Los Gatos and release of 90-percent of security.
NOW THEREFORE BE IT RESOLVED, that the Town Manager is authorized and
directed to execute the Certificate of Acceptance and Notice of Completion attached as (Exhibit
A) hereto.
BE IT FURTHER RESOLVED, that the Clerk Administrator is directed to transmit this
Certificate of Acceptance and Notice of Completion to the Recorder of Santa Clara County for
recording.
BE IT FURTHER RESOLVED, that the Clerlc Administrator is directed to release 90-
percent ofthe Faithful Performance, and Labor and Materials bonds.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the day of , 2009 by the following vote.
COUNCIL MEMBERS:
AYES
NAYS
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Recording Requested By:
Town of Los Gatos
When Recorded Mail To:
Clerk Administrator
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
Record without fee pursuant to
Government Code Section 6103
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
PROJECT: Tract 9910 -Bella Vasona (17005 and 17017 Roberts Road)
Planned Development
OWNER: Eden Homes, LLC
1100 N. First Street, Suite E
San Jose, CA 95112
TO WHOM IT MAY CONCERN:
We do hereby certify that Eden Homes, LLC completed the work consisting of street, curb,
gutter., sidewalk, paving and street light improvements as required on the approved Plans and
Specifications for the project.
The work was completed in August 2009, and is commonly known as Tract 9910 -Bella Vasona
(17005 and 17017 Roberts Road)
The Surety on the bond accompanying the contract/agreement is: Developers Surety and
Indemnity Company.
Bond Number: 7217135
Bond Issued date: June 28, 2007
TOWN OF LOS GATOS
By:
Director of Parlcs and Public Worlcs
By:
Town Manager
ACKNOWLEDGEMENT REQUIRED
AFFIDAVIT
I, GREG CARSON, the Manager of Town of Los Gatos, have read the foregoing
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION and l~1ow the contents
thereof. The same is true of my own l~nowledge, except as to the matters which are therein
alleged on information or belief, and as to those matters I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration
was executed on , 2010 at Los Gatos, California.
Greg Larson Town Manager
Town of Los Gatos
RECOMMENDED BY:
Todd Capurso,
Director of Parlcs and Public Works
APPROVED AS TO FORM:
Michael Martello
Town Attorney
Date:
Date:
JURAT REQUIRED