1979-020-Approve Execution Of Zoning Agreement For Forbes Mill CondosRESOLUTION NO. 1979 -20
RESOLUTION APPROVING EXECUTION OF ZONING AGREEMENT
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES:
1.. The Zoning Agreement with a partnership composed of
Prom XX, Inc., Gojer Corp., Jergo Corp., Enshallah Corp., Tabin
Corp., and Nirvana Corp., which was presented to the Town Council
at its February 20, 1979 meeting should be amended to provide
(1) that the Town is not committed to participate in the $110,000
grant transaction if the County of Santa Clara seeks to impose
conditions on the Town's ownership of the Mill Annex and site
that are unacceptable to the Town, and (2) to add a provision
for attorneys' fees to the prevailing party if there is litiga-
tion.
2. The Town Attorney is directed to prepare the amended
agreement and send it to the Owner.
3. After the amendment is prepared, signed and acknowledged
by the Owner and returned to the Town, the Mayor is authorized to
sign it on behalf of the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Los Gatos held on the 20th day of February
1979, by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrite,
John B. Lochner, Peter W. Siemens and Mardi Gualtieri
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
SIGNED#7iBv�?i�
i. yor 61 the Town of Los Gatos
ATTEST:
Clerk of the Town of ',,Los Gatos
t
Pnooriing Requested by, are
when recorded, mail tn�
TOWN OF LOS GATOS
1. 0. Box 949
113 F. main street
ins latoo. CA 95030
ZONINn AGREEMENT
This agreement is made with reference tn the following facts,
rorbes Pill Condog, a Acneral Partnershin componed of Prom XX, Ino,,
70ar Corp.. jerm �nrn., Enshallah Corp., Tanin Corp., and Nirvana
Corp. (the owner) ir ownsr of the land (the Property) described in
Ve Attached Exhibit A. The Owner wants to une the Property for
�ixwd uses -- resident"La-I and corano-rcial -- in a manner that is no-,
y1lo"ed by the zoning which now applies to the Property, and wantl
to sub2ivide Lhe Property. 7he nwnsr's propoged mixed uses and
„+ %'3 can he made lawful if Town of Los Same (Town) PC overla,,,r
z0ving is applied to the Property. Hcwnyar, tow lrapeycW prssenn,,,
Y�scial problems as the site for a land cevylow"enL project,
Tunns Mill AnnoA (toe Ainna), an Listoric WIGIng and its site. ny
zoned LPF and occupy a portion of the property, That portion is
described in the attached Exhibit B (the Annex Site). The Owner jn•,.
lot want to seek Town wermission to remove the Aninx an'; does want tr7
it as an hintorical monument and to grant it 'Co the Town
-4- vublic berefit. Thr Property lies athwart the planned Los Gavaq
Creek Trail, adjacent to naim oaton nigh schnnI, 7 t Pronerty has amy
limited access to public streets, but if it f- rrnper!7 it
oil.a have the advantea- of access to the Creel T-nil and parks.
Rxecu cl OT '' " 11an this aareemnnt is one of a set of conditions isposea y:
t"r Town an Un reraninq of the Property, botu so that the rezonir,-,
Rev. 2-16-79
and consequent subdivision will be safe and beneficial tcy the
community as a whole, so that the burdens it will impose on the
community will be ameliorated and also so that the owner and the
eventual owners and occupants of the condominiums and commercial,
building will benefit from immediate access Lo Lhe use of hiking
trails and ohs histOriC AnneX.
Therefore, the owner and the Town agree-,
1e Cn or before Septenber 1, 19%, the owner will by grant
deed convey the Annex Site to the Town, along with the easements
also described in Exhibit B
2m When it is conveyed to the Town, the Owner agrees that
title to the Annex Site will be marketable and free of all encumlzrances
except those shown in the attached Exhibit C; but the owner also
agrees to take the measures described in Exhibit C so that title will
be as clear as is reasonably possible.
Y The state of title specified in paragraph 2 and vesting
in the Town of both the fee in the Annex Site and the easements will
be insured by a policy cf is insurance in the amount of Q200,000.00
The title innurance will be procured and paid for by the owner.
K Before the owner conveys the Annex Site and easements to
the Town, and before the September 1. 1.980 date when he is required
t o m ake the conveyance, the Owner will at its expense rehabilitate
the Annex and landscape the Site in the following manner. (Items 4.1 -
4s14 refer to the buildingp 4.15 - 019. to the grounds; 4.20 - 4.22,
to both),
4.1 Reinforce or rebuild the all as necessary.
4.2 Build a shed (new structure) rOOf with R13
insUlation, covering, and roof drainage system.
4.3 Install adequate steel frame exterior More
or glazed windows at all wall openings. The doox,:
will be Solid Core Metal Doors on the ground floor
X111 have one-hour fire rating and will have such
security and panic hardware as may be required by the
police or building officiais of the Town, Like the
doors the windows will have such aecurity characteristics
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as are reasonably
and unauthorized
of the building,
complementing lementing the
be used.
necessary to prevent damage by vandals
ntry taking into account the location
Door and window materials and paint
antique character of the building will
4.4 Build a mezzanine including a stairway where
the present mezzanine now is with structure sufficient
for a 100 pound per square foot uniform load.
05 Build a restroom with one unit for men and one
for women, either within the Annex or appended to one of
its exterior grails, its location and access both as
specified by the Superintendent of Parks and Forestry.
The mens' restroom will have one toilet, one urinal and
one washbasin. The wame s' re troam will have two toilets
and one washbasin. Each will have a sturdy shelf and
stainless steel mirr=or and will be accessible to disabled
persons.
4.6 Lay a new four inch thick concrete slab floor at
grade level.
7 weatherproof the building.
4.8 Lays a six inch sanitary sewer line, connected
to the public sewer, with branches and inlets under the
slab floor where directed by the Town Building officials
09 Lay and connect the conduit and conductors for
100 amp electrical service into the building.
a10 Install restroom lights, exit lights and outdoor .
flood security? lighting. Make all wiring and lighting
as nearly vandal -proof as ?sigh standard warehouse or
unattended public building practice permits.
4.11 Lay and connect eater service into the building.
The service will be large enough to serve a regular fire
suppression sprinkler system to the building, but the
owner will not inst =all sprinklers,
4,12 lay and connect a one inch gas line into the
building,
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4.13 Lay telephone conductor conduit from the nearest
practical service point into the buAding. The owner
will not install the conductor.
4.14 Install all utility services underground and into
the building,
4115 Prune existing trees and shrubbery to the reasonable
specification of the Superintendent of Parks and Forestry.
Remove poison oak,
4.16 Plant new Plants and install an adequate irrigation
syntem, both in a manner consiatenr with the planting and
irrigation work to be done on the lower portion of the owner's
project, but emphasizing the use of native California plants
and of plants native to regions with climates similar to that
of California to provide a natural, reasonably low-maintenance
setting.
K17 Pave, build carting ior and stripe 13 parking spaces.
4A8 Grade and lay a tan foot wide decomposed granite
trail traversing the property from north to south connecting
with the Los Gatos Creek Trail at the southerly boundary of
the property, with a base sufficient to bear the Town's
Power truck�
4.19 Construct two motorcycle barriers and appropriate
chain link fencing at locations designated by the Super-
intendent of Parks and Forestry,
4,20 Do all work in conformity with the Uniform Building
Code, 1976 edition, and with the current editions of related
construction codes in effect in the Town.
4.21 Prepare adequate plans and specifirut,,.ons for al.1
work and accurate as-built drawings which Yill be the
property of the Tawn and will be deiivered to the Town with
the deed to the property n approving Lhe plant, the
Building official shall consider, in addition to the structural.
and safety requirementa of the codes, the affect and use of
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materials with relation tO authenticity of historical
preservation and materials zed in the original structure,
022 (�2btukn and pay for all construction permits,
5. The Owner will secure performance of this agreement,
including construction and landscaping work, conveyancing, and any
obligation of the owner for payment of any combination of attorneys'
Was, expenses or costs, with a 1200,000-00 surety bond, The bond
will provide that the surOty waives notice of and any right to abject
to extensions of time for performance up to two additional years, and
waives any right to object to changes in the work so long an the work
is confined to rehabilitation, remodeling and restoration of tse Annex,
building, construction of restrooms with farijities for two persons
each and landscaping, irrigation and paving on the Annex Site,
6. If there is litigation concerning the parties' obligations
under the terms of this agreament, the prevailing party will be awarded
its attorneys' fees and expenses in addition to costs.
7. The amount of the surety bond is an estimate only, and is
not a measure or limit on the obligation of the owner to do the work
and convey the property,
S. The Owner hopes to obtain a $110,000.00 grant from the
County of Santa Clara to help pay its expenaes in doing the work on
the building However, it is uncertain whether the grant will be made,
The obtaining of the grant is not a condition of the Amber's obligation
to perform under the terms of this agreement. The Town wM cooperate
with the Owner in obtaining the $110*00000, and will, if the County of
Santa Clara will consent to no other method, administer and disburse
the grant money, but will make no payment before completion of the work
and conveyance of the Annex Site and will undertake no financial
commitment to the pr' olect, whether related to the obtaining or
administration of the hoped-for grant or otherwise, nor will the Town
participate in obtaining the grant if the County of Santa Clara seeks
to impose conditions on the Town's ownership of the Annex Site that
are vnacOeptable to t-lhe T—,an.
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Rev. 2-21-79
9 This agreement will be recorded, it is binding on the
owner, and its provisions concerning both conveyancing and occupancy
of condominium units are binding on all of the Owner's successors.
10, Neither the Owner nor his successors will either seek.
or be issued a oertiAcate of use and occupancy for any condom inn a,-,
unit to be occupied after the first 25 units on the rroperty no for
the last unit in either condominium building until this agreement
has been fully performed.
M Mere are two conditions precedent, both of which must
occur before the parties are obligated to perform this agreement.
(1) The Town Council muat have adopted the ordinance rezoning the
?rnperty to PD overlay in the manner contemplated by both parties
cc this ay" eament by June IF 1979. (2) The owner or its successor
�:Et havu ainczai to 3evuloy Me Property under the rules of the 0'1
overlay zone. (if the Property is rezoned to PD overlay and if the
Owner does not, at the hearinq at which the PD ordinance is intro-
duced, object to the terms of the ordinance, the parties both will
conclusively that the rezoning terms are those contemplated
by this agreement. 1Y, agreement is signed by the Owner after
the Town Council has established the final contant M the rezoni•5
oruinance, then there :sisal.! be no objection that the ordinance
Wcpted is not the conlemplawd ordinance.)
12. This agreement is not a contract by the Town to rezone
the Property. because rezoning can only be donp as an xvircise of
the legislative power in the manner provided by statute. This
agreement is not a contract by the Owner to develop the Property
according to the rules of the PD overlay zone because the Town
Zoning Ordinance provides that property owners may elect to use
PD zoning or the underlying zoning.
-6-
13. Chia is the entire agreement. It can he amended only by
A ons of a written 05t5"nment siqnnd by both par tins and approwe,,-1
hu a resolution of the Town Council,
1979 FORBES MILL CONDOS, A Partnership
by
DATED � 137t�
PRom xx, iw., A corporation
by
Sanford N. Diller, rresidenE
i --T' — '- 77
e fro'sidenit
and Secretary
and by
M,tSHAJALAU WAP. , A Corporation
TGT7N OF LOS CATOS'
by
mayor
Rev. 2-16-79
Rev. 2-20-79
STATE Of CALIFORNIA a
COUnTY OF SANTA CLARI_11z' s
On , 1979i before mv, the undersigned; a
-�Yo --- -7, 'the--67tatv of Caiifnrnia' personally appewre"1
'tary P�WUFTF iTnT � 11
SANFORD N. DILLER, known to me to be the President, and HELEN P.
MILYR, known to to to be the Vice President and Secretary of
PROM XX, WC., the corporation that executed the within instrument Wr.'
behalf of said corporation, said corporation being known to me to W�
onc of the partners of MUMS HILL CONDOS, the partnership that axe--
Tuted the within inntrurent. and acknowledgeR to me that such
corporation executen the same pursuant to its by-laws or is resolution
n" its Board of Directors as such partner and that such partnership
executed the samn
!27NISS my Aand aw Mficial sea!
601-7 OF CALIFORNIA, Sa
MUNTY OF 3ANIA OLA�
On , 1971, 1pfore ve, the undersigned, a
Notary 0611KA-and-W-the-State of California, personvIly appearea
WAN STEINBERG, known to re; to be the President, and
known to me to be the Secretary of
WERAILAH CORP., the c&§jratAW_tha7execAW th- within instrument
cc Whalf of said corporation, said corporation being known to me to
be one of the partners of FORBES KILL COMM tip jartnership that
executed the within ? Qtr xrnente ani acknowlejunA W me that such
corporation executed the same pursuant to its by-IME or I resOlut%n
W its Board of Directors as such partner and wan oach partnership
exacuted the sama
WIMYSS my hanO and Micial seal
UNITy Public in
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ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF LOS GATOS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA BEING A PORTION OF
RANCHO RINCONADA DE LOS GATOS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF CHURCH
STREET AND THE NORTHERLY LINE OF EAST MAIN STREET BEING THE SOUTHEAST
CORNER OF PARCEL 2 AS SHOWN ON THAT CERTAIN MAP ENTITLED "RECORD OF
SURVEY OF LAND OF MAX WALDEN ", RECORDED IN BOOK 221 OF MAPS AT PAGE 23,
SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID NORTHERLY LINE OF EAST
MAIN STREET NORTH 82 008'00" WEST 157.34 FEET TO THE SOUTHWEST CORNER
OF SAID PARCEL 2; THENCE LEAVING THE NORTHERLY LINE OF EAST MAIN STREET
AND ALONG THE WESTERLY LINE OF SAID PARCEL 2 NORTH 1 003'17" WEST 143.94
FEET; THENCE ALONG A SOUTHERLY LINE OF SAID PARCEL 2 AND THE GENERAL
SOUTHERLY LINE OF PARCEL 1 AS SHOWN ON SAID MAP, NORTH 83 031'37" WEST
107.10 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF PARCEL 1
THE FOLLOWING FOUR COURSES; 1. SOUTH 78 026'40" WEST 87.02 FEET;
2. SOUTH 72 032'14" WEST 80.25 FEET; 3. SOUTH 54 053'25" WEST 133.23
FEET; 4. SOUTH 42 041128" WEST 63.85 FEET TO A POINT ON THE
NORTHEASTERLY LINE OF EAST MAIN STREET; THENCE ALONG SAID NORTHEASTERLY
LINE OF EAST MAIN STREET NORTH 56 050'20" WEST 3.00 'FEET TO THE
SOUTHEASTERLY LINE OF STATE HIGHWAY ROUTE 17; THENCE LEAVING EAST MAIN
STREET AND ALONG THE COMMON BOUNDARY LINE OF SAID PARCEL 1 AND STATE
HIGHWAY ROUTE 17 THE FOLLOWING FOUR COURSES; 1. NORTH 34 °52'03"
EAST 63.46 FEET; 2. NORTH 47 017'05" EAST 64.94 FEET; 3. NORTH
41 002'25" WEST 35.60 FEET; 4. NORTH 44 °19'13" EAST 253.08 FEET; THENCE
CONTINUING ALONG THE BOUNDARY LINE OF STATE HIGHWAY ROUTE 17 AND PARCEL 1
AND ITS NORTHEASTERLY EXTENSION, NORTH 56 017'28" EAST 325.74 FEET TO
THE WESTERLY LINE OF LOS GATOS SCHOOL DISTRICT PROPERTY; THENCE LEAVING
STATE HIGHWAY ROUTE 17 AND ALONG THE GENERAL WESTERLY LINE OF LOS GATOS
SCHOOL DISTRICT PROPERTY SOUTH 8 047'56" EAST 10.60 FEET; THENCE
CONTINUING ALONG THE LOS GATOS SCHOOL DISTRICT PROPERTY NORTH 71 015130"
EAST 144.25 FEET; THENCE SOUTH 18 044145" EAST 290.50 FEET TO THE
SOUTHWEST CORNER OF SAID LOS GATOS SCHOOL DISTRICT PROPERTY SAID CORNER
BEING ON THE NORTHERLY LINE OF THE LOT FORMERLY OCCUPIED BY THE
PRESBYTERIAN CHURCH; THENCE ALONG SAID NORTHERLY LINE OF SAID
PRESBYTERIAN CHURCH LOT SOUTH 79 051'15" WEST 36.23 FEET TO THE NORTHWEST
CORNER THEREOF; THENCE ALONG THE WESTERLY LINE OF SAID PRESBYTERIAN
CHURCH LOT SOUTH 5 020'07" EAST 99.17 FEET TO THE NORTHEASTERLY LINE OF
CHURCH STREET; THENCE ALONG THE NORTHEASTERLY LINE AND NORTHWESTERLY
LINE OF CHURCH STREET THE FOLLOWING THREE COURSES: 1. NORTH 79 050'00"
WEST 4:50'FEET; 2." NORTH 68646'00" WEST 33:.43 FEET, 3. SOUTH 30°
19'37" WEST 194.53 FEET TO THE POINT OF BEGINNING.
CONTAINING 4.203 ACRES MORE OR LESS.
EXHIBIT "A"
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF LOS GATOS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA BEING A PORTION OF
RANCHO RINCONADA DE LOS GATOS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF EAST
MAIN STREET AND THE SOUTHEASTERLY LINE OF STATE HIGHWAY ROUTE 17
BEING THE MOST WESTERLY CORNER OF PARCEL 1 AS SHOWN ON THAT CERTAIN
MAP ENTITLED "RECORD OF SURVEY OF LAND OF MAX WALDEN ", RECORDED IN
BOOK 221 OF MAPS AT PAGE 23 SANTA CLARA COUNTY RECORDS; THENCE
LEAVING SAID NORTHEASTERLY LINE OF EAST MAIN STREET AND ALONG THE
COMMON BOUNDARY LINE OF SAID PARCEL 1 AND STATE HIGHWAY ROUTE 17
THE FOLLOWING FIVE COURSES: 1. NORTH 34 052'03" EAST 63.46 FEET,
2. NORTH 47 017'05" EAST 64.94 FEET; 3. NORTH 41 °02'25" WEST
35.60 FEET; 4. NORTH 44 019113" EAST 253.08 FEET; 5. NORTH 56 017'28"
EAST 72.83 FEET; THENCE ALONG A LINE PARALLEL TO AND 36 FEET RIGHT
ANGLE MEASUREMENT FROM THE NORTHEASTERLY WALL OF AN EXISTING TWO -STORY
STONE BUILDING SOUTH 27 019'08" EAST 131.36 FEET; THENCE SOUTH 6 028'23"
WEST 68.61 FEET TO A POINT ON THE GENERAL SOUTHERLY BOUNDARY OF SAID
PARCEL 1; THENCE ALONG SAID GENERAL SOUTHERLY BOUNDARY OF PARCEL 1
THE FOLLOWING FIVE COURSES: 1. NORTH 83 031'37" WEST 34.19 FEET;
2. SOUTH 78 026'40" WEST 87.02 FEET, 3. SOUTH 72 032'14" WEST 80.25
FEET; 4. SOUTH 54 °53'25" WEST 133.23 FEET; 5..SOUTH:4.2 041'28" WEST 63.85
FEET TO A POINT ON THE NORTHEASTERLY LINE OF EAST MAIN STREET; THENCE
ALONG SAID NORTHEASTERLY LINE OF EAST MAIN STREET NORTH 56 050'20"
WEST 3.00 FEET TO THE POINT OF BEGINNING-
CONTAINING 0.828 ACRES MORE OR LESS.
An appurtenant easement for all forms of pedestrian and
vehicular access from Church Street to the Annex Site,
including a backing -up and turning area northerly of the
northerly boundary of the site for autos parked on the
northerly side of the Annex, wide enough for a 24 -foot
curb -to -curb roadway.
Appurtenant easements, as necessary, for the utility
lines which are to be installed under the terms of this
agreement.
EXHIBIT "B"
EXHIBIT C
is A right-of-way for flume purposes as granted in the
Deed to San Jose Water Company recorded October 2i, 1889
in Book 118 page 240 of Deeds.
2. Rights and easements granted ID San Mee Water Company,
a corporation, by Dead recorded Dtcembar 9, 1913 in
Book 411 page 326 of Deeds and designated paragraphs 2,
4, BC and 9 in said deed.
The fact that the ownerghip of said land does not include
any rights of ingress or egress to or ram Route 17 Freeway,
said rights having been relinquished by the Deed from
Pacific Gas and Electric company to the State of California,
000Qrded jdnu&ry 18, 1956 in Book 3339 page 599 of official
Records.
4. Easements as reserved in the Dead from Pacific Gas and
Slectric Company recorded April 10, 1962 in Book 5532
page 453 of Official Records, and designated paragraphs 1,
2, & 5, 6. and 7 in said deeK
The right, not of record, of
Sari jose 'a-ter ,Forks to
continue to maintain and use
the 20" water line which, in
genera!, f0ilOws the easterly
and southerly border of the
20f wide Pacific Gas and Electric
company easement described
in the instrument recoraed in
Book 5532 at page 453, official
Records of Santa Clara County,
The owner agrees, Promotly upon
the signing of this agreement
by
the Town, to jaegio and diligently
continue to negotiate with
San
Jose outer Works and Pacific Gas
and Elactric company to obtain
the
maximum quit claim of the righLs
lescribed in the foregoing
paragrapha 1, 2, 4 and 5, in exchange for the granting o
San aose Water works and Pacific Gas and Electric Company by
the Owner those rights necessary for the cOntinued use and
maintenance of the 20" water line, gas service to the Annex
and necessary electric service for the Property to be developed
OY the Owner. it is the intention of this provision that the
owner wil! expand time and money and exert all negotiating
leverage reasonably available to him to reduce the extent of
the public utilities easements on the Annex: site to the minimsst
which is reasonably necessary for the use and maintenance of the
utility facilities which will remain on the Property when the
3""iner's Pra'act is compleM
Exhibit c page 7