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1979-019-Authorizing Improvement Agreement With Frank A. AriesRESOLUTION N0, 1979 -19 RESOLUTION AUTHORIZING IMPROVEMENT AGREEMENT WITH FRANK A. ARIES. RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the TOWN OF LOS GATOS enter into that agreement entitled "SUPPLEMENTAL AGREEMENT" with FRANK A. ARIES, a copy of which is attached hereto, and that the Mayor is authorized and she is hereby directed to execute said agreement in the name and in behalf of the Town of Los Gatos. 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, John B. Loenner and. Mayor Mardi Gualtieri NOES: COUNCIL MEMBERS Thomas J. Ferrite and Peter W. Siemens ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS SIGNED: ATTEST:D CLERK OF THE TOWN OF LOS G I SUPPLEPAENTAL AGREEMENT This Supplemental Agreement is made and entered into , 1979, between TOWN OF LOS GATOS, hereinafter called "`SOWN ", a city, and FRANK A. ARIL'S, Individual, hereinafter called "DEiVELOPER ", whose place of business is 2055 Woodside Road, Suite 100, Redwood City, California 94061, and is made with reference to the following facts. The parties hereto entered into an Improvement Agreement for Tracts 5309 and 6532, a copy of which is attached hereto as Exhibit "A ", and wl-'Ch is :incorporated herein by this reference_. DEVELOPER desires to file amended subdivision maps for Tracts 6309 and 353Z TOWN desires to amend the scope of work and bond amounts described in Exhibit "A ". THE PARTIES AGREE AS FOLLOWS: 1. TOWN agrees to approve and authorize recordation of amended subdivision maps for Tracts 6309 and 6532. 2. Both parties agree that all terms and conditions contained in Exhibit "A" are mutually re- adopted and agreed to with the modifications, changes and amend*nents described below. a. The work described in Paragraph 2 of Exhibit "A" shall be completed on or before February 20, 1980. b. The plans and specifications described in Paragraph 2 of Exhibit "A" shall be the following: Drawings prepared by Paul Nowack and Associates. Tract ', =6309 Sheets 1 -1.6 dated August 21, 1 -978, Revised 2- 20 -79. Tract #6532 Sheets 1 -1.0 dated August 26, 1978, Revised 2- 20 -79. C. The bond amounts described in ;'aragraph 4.,-) Exhibit "All shall be $1,255,000. Attest: I ERY )P THE TOWN OF'' LOS �'OS TOWN OT- LOS GATOS By FRANK A. AITL ES By _ -2- TOWN. LEVELOPER. � t � IMPROVEMENT AGREEMENT (Tracts 5309 and 6532) (Land Developm(--,nt- Related Obligations) "HIS AGREEMENT is made and entered into December 4th 1978 , between TOVvIl OF LOS GATOS, hereinafter called "TOWN ", a city, and FRANK A. ARIES, INDIVIDUAL, hereinafter called "DEVELOPER ", whose place of business is 2055 Woodside P.oad, Suite 100, Redwood City, California 94061, and is made with reference to the following facts: The DEVELOPER in Proceeding No. M -77-14 has sought permission from the TOWN to subdivide land in the TOWN. The land is 150 acres southwest ol° Harwood Road. The Town has granted the permission, and this is the improvement agreement required by the Subdivision Map Act. THE PA TIES AGREE AS FOLLOVS: The DEVELOPER at its own expense shall perform two schedules of work as follows: 1. Schedule "A ". The DEVELOPER shall. provide the necessary property Z or tank sites and other facilities and remit to Sari Jose Water Works a cash payment equal to the cost of the water system for Tracts 6309 and 6532 to be installed by San Jose Water Works. The water system is as shown on the plans and specifications for the project. The cash payment shall be remitted to San Jose Water Works within four months of the date of this contract. 2. Schedule "E ". At its own expense, the DEVELOPER will do the street, drainage, utility and landscape improvement work shorn 1_ on and in conformity with, the plans and specifications, and will complete the work on or before one year from the date of this contract. The plans and specifications are composed of: Drawings prepared by Paul Nowack & Associates. Tract 5309 Sheets numbered 1-15 dated October 21. 1978. Tract 6532 Sheets numbered 1 -1.0 dated October 26, 1.978. 3. As part performance of its obligations under the approval, the DEVELOPER will grant to the OWN for public use the real property consisting of parcels or interests i.n land shown on the tract maps for the two subdivisions and req!_-J.red by the subdividion approvals, using such instruments of conveyance as the `SOWN may require. The DEVELOPER warrants that the '.COL''Pv will receive title to such real property, free of encumbrance. This warranty shall survive delivery of the instrument. 4. Before commencement of any work, and before issuance of any permit the DEVELOPER will furnish the TOWN with the following security: a. Schedule "AT': A letter of credit in the amount of $600,000 to secure the DEVELOPER's performance of all. its obligations under this agreement. The form of the letter of credit will be prescribed by the TCG1TN. After the DEVELOPER performs the obligation set forth in Schedule "Ail, and San Jose Water -2- Works has agreed that the work will proceed, the TOWN agrees to release the letter of credit. b. Schedule "B "• (1) A surety bond in the amount of $1,135,000 to secure the DEVELOPER's performance of all its obligations under this agreement. (2) A surety bond in the amount of $1,135,000 to secure payment of the claims of laborers, materialmen and suppliers engaged in or providing supplies or services for performance of the improvement work described in this agreement. The form of the surety bonds will be prescribed by the TOWN. Ten per cent of the face amount of the Faithful Performance Bond will remain in effect for one year after final acceptance of Schedule "B" of the work, to secure performance of the DEVELOPER's obligation to correct any deficiency in the work, and to remedy any other default. The full amount of the Labor and Material Bond will remain in effect for six months to guarantee payment of valid claims of laborers, materialmen and suppliers. The one year period and the six month period described above begin on the date of final acceptance by the TOWN, but this limitation on the effective term of the security for performance does not shorten any time during which the TOWN may act to enforce the DEVELOPER's obligations under the terms of this agreement, nor does the amount of the security constitute a limit on the extent of the DEVELOPER's obligations. -3- 5. The DEVELOPER will hold harmless and indemnify the TOWN, its council members, boards and commissions, officers and employees from any sort of loss, damage or liability, suits, actions and claims, including cost and expense of defenses and responses, arising from any occurrence in the DEVELOPER's performance of this agreement, whether or not the occurrence involves the performance of an act required by the terms of this agreement, omission by the DEVELOPER to perform its obligations under the terms of this agreement or required by law, or arises from any condition created by the DEVELOPER's performance, or exists because of failure to perform this agreement or any obligations required by law. The DEVELOPER's obligations under this Part 4. exist regardless of the theory of the suit, action or claim. 5. At all times during the performance of its obligations under this agreement the DEVELOPER will carry public liability and property damage insurance, with the following limits of liability: $ 500,000 each person $ 1,000,000 each occurrence $ 200,000 property damage with policy provisions acceptable to the TOWN, and will provide the TOWN with the insurance carrier's certificate evidencing such coverage, with a 30 -day notice of cancellation provision. 7. If construction of the improvements specified in Schedule "B" is delayed without fault of the DEVELOPER. the '!:own Council may extend the time for completion of construction. -4- a 8. Completion of the improvements is a necessary prerequisite to the occupancy and use of the property in the manner proposed by the DEVELOPER, and no certificate of occupancy or approval of utility service, temporary or permanent, shall issue until all of the improvements required by this agreement are completed. 9. In the event of litigation to enforce the terms of this agreement the prevailing party shall have its costs and reasonable attorney's fees and expenses. TOWN OF LOS GATOS Mayor TOWN. TI FRANX A. A:TRIES, DEVELOPER. CL TiPPROVED AS TO 499 C ` '.. ., (Attorney in Fact) P&ESTON W, t STATE OF CALIFORNIA Town AttornF ss. COUNTY OF_. San Mateo November 28, 1978 On _ —__. ----- before me, the undersigned, a Notary Punlic in and for said State, personally le known to me to be the person— whose name____._._ - -- subscribed to the within instrument, as the W Attorney_ in tact of ---- Fsan1C A -_�.r1 -e° - --' X w and aeknowh=dged to me that he_._suhscribedrhe came.— J a a o[ PZ,TanIC A. Arles _thereto as pr rcipa!_ pF F: C1 AL SEAL to and hiS own name_ a Attorney_ in fact FiRiSTINE P'e,y WfTNESS my rand and 0[ECiah £eah. /) YU 's PRINCi_.T L�,n iAN ExATCtJ C f Signature —_ __ - - - -- -- - Name (Typed or Printed) (This area far al 6.1 nc.ana. "A) TI