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2007-063 - Accepting The Work Of Greenbriar Communities And Authorizing The Town Manager To Execute Certificate Of Acceptance And Notice Of Completion For Recording By The Clerk AdministratorRESOLUTION 2007 -063 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING WORK OF GREENBRIAR HOMES COMMUNITIES AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE CLERK ADMINISTRATOR WHEREAS, the Parks and Public Works Department of the Town of Los Gatos issued Encroachment Permit EN04 -145 on September 3, 2004 pursuant to the January 22, 2003 Planning Commission approval of Subdivision Application M -02 -0018, and the August 2, 2004 Town Council approval of Tract No. 9505 — Shannon Valley Ranch (17101 Hicks Road), Resolution 2004 -100; WHEREAS, Greenbriar Homes Communities has satisfactorily completed the public improvements generally consisting of the spot widening of Hicks Road, the construction of Shannon Oaks Lane and Mountain Laurel Lane, asphalt trail parallel to Hicks Road, compacted earth trail through the project, and construction of utilities needed to serve the project. The development is now ready for final approval and acceptance by the Town of Los Gatos; WHEREAS, the work performed under Permit EN04 -145 is hereby accepted as complete pursuant to the plans and specifications approved for the project; NOW THEREFORE BE IT RESOLVED, that the Town Manager is authorized and directed to execute the Certificate of Acceptance and Notice of Completion attached hereto as Exhibit A; BE IT FURTHER RESOLVED, the Clerk Administrator is directed to transmit this Certificate of Acceptance and Notice of Completion to the Recorder of Santa Clara County for recording. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4 day of June, 2007 by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: ° SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTE T: CLERK ALCM ALIFRNIA TRATOR OF THE TOWN OF LOS GATOS LOS GAT S. O 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 Tract No. 9505 -17101 Hicks Road TO WHOM IT MAY CONCERN: We do hereby certify that Greenbriar Homes Communities, 43160 Osgood Road, Fremont, CA 94539, property owner and developer, completed the work generally consisting of the construction of two new public streets - Shannon Oaks Lane and Mountain Laurel Lane, spot widening of Hicks Road, construction of public trails, and construction of utilities needed to serve the project. The work was completed on May 11, 2007, and is commonly known as Tract No. 9505 — Shannon Valley Ranch (17101 Hicks Road) The Surety on the bond accompanying the contract /agreement is: Developers Surety and Indemnity Bond Number: 8691855 Bond Dated: 7/26/04 TOWN OF LOS GATOS By: Interim Director of Parks and Public Works By: Town Manager ACKNOWLEDGEMENT REQUIRED EXHIBIT A AFFIDAVIT I, DEBRA J. FIGONE, the Manager of Town of Los Gatos, has read the foregoing CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION and knows the contents thereof. The same is true of my own knowledge, 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 , 2007 at Los Gatos, California. Debra J. Figone Town Manager RECOMMENDED BY: Kevin Rohani, Interim Director Parks and Public Works Department APPROVED AS TO FORM: Ony Korb Town Attorney JURAT REQUIRED Date: Date: 4 £.