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2012-015 - Amending Improvement 15928 Union Ave. Modifications to condition #47 of approved M-08-13RESOLUTION 2012 -015 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE AMENDED CONTRACT FOR THE IMPROVEMENT OF 15928 UNION AVENUE AND MODIFICATION TO CONDITION NUMBER 47 OF THE APPROVED APPLICATION M- 08 -13, ARCHITECTURE AND SITE APPLICATIONS S- 08 -30, S -09 -33 & S- 09 -34, NEGATIVE DECLARATION ND -09 -02 WHEREAS, an Amended Contract for the Improvement of 15928 Union Avenue and Modified Condition 47 of applications M- 08 -13, S- 08 -30, S -09 -33 and S- 09 -34, between the Town of Los Gatos and 217 O'Connor LLC have been reviewed by the Town Council; and WHEREAS, on August 6, 2010 the Town Council adopted Resolution 2010 -087 approving the subdivision; and WHEREAS, on December 21, 2010 the Contract for the Improvement of 15928 was completed and signed by and between the Town and 217 O'Connor LLC. NOW, THEREFORE, IT IS RESOLVED that the First Amendment to the Contract for the Improvement at 15928 Union Avenue (Exhibit A) and the modified Condition of Approval Number 47 (Exhibit B) are hereby approved. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 16 day of April, 2012, by the following vote: COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice NAYS: ABSENT: ABSTAIN: ATTEST: J * 1„ AA1Z - SIGNED: � o MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA FIRST AMENDMENT TO AGREEMENT This FIRST AMENDMENT TO AGREEMENT is dated for identification this day of 2012 and amends that certain CONTRACT FOR THE IMPROVEMENT OF 15928 UNION AVENUE that is being amended dated , made by and between the TOWN OF LOS GATOS, ( "Town, ") and 217 O'CONNOR, LLC, ( "Subdivider ") RECITALS A. Town and Consultant entered into an agreement for CONTRACT FOR THE IMPROVEMENT OF 152928 UNION AVENUE on December 21, 2010, ( "Agreement "), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment. AMENDMENT Paragraph 2 "Completion Time" of the Agreement is hereby amended as: SUBDIVIDER shall construct all of the improvements and do all the work herein above or hereinafter 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 by December 21, 2012. 2. Paragraph 12 "Certificates of Occupancy" of the Agreement is hereby amended as: The TOWN will issue two (2) R -3 Certificates of Occupancy for homes to be built within 15928 Union Avenue as stated in the revised Condition number 47 of the final Conditions of Approval of Resolution 2010 -087. 3. All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the Town and Subdivider have executed this Amendment. Town of Los Gatos LIN 217 O'Connor, LLC Greg Larson, Town Manager Jeff Grant Department Approval: Todd Capurso Director of Parks and Public Works Approved as to Form: Judith J. Propp, Town Attorney Exhibit B REVISED CONDITION OF APPROVAL 15928 Union Avenue Subdivision Application M -08 -13 Architecture and Site Application S -08 -30 Requesting approval to demolish an existing single family residence and to subdivide a .93 acre parcel into three lots on property zoned R -1:8. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APN 527 -42 -008. PROPERTY OWNER: 217 O'Connor LLC APPLICANT: Tony Jeans, T.H.I.S. Design 47. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor & Materials Security before the issuance of a building permit or the recordation of a map. The improvements must be completed and accepted per the schedule identified in each sub -item by the Town before a Certificate of Occupancy for any new building can be issued. a. Union Avenue. Curb, gutter, sidewalk, street lights, tie -in paving signing, striping, stonn drainage and sanitary sewers, as required — Improvements must be completed prior to occupancy of the third and final new residence. Any improvements (including utility poles, guy wires, etc) on Union Ave shall not extend any further south on Union than the proposed barricade as shown on the proposed Preliminary Development Plan dated April 5, 2012. b. Panorama Way. Curb, gutter, sidewalk, street lights, cul -de -sac, tie -in paving signing, striping, storm drainage and sanitary sewers, as required — Improvements must be completed prior to occupancy of the first two new residence.