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1997-002-Approving Final Map Of Tract No. 8899RESOLUTION 1997 -2 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF TRACT NO. 8899, ACCEPTING THE DEDICATIONS AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT WHEREAS, on July 24, 1996, the Planning Commission of the Town of Los Gatos approved Project Application PRJ- 96 -42, with conditions, and September 3, 1996, the Council of the Town of Los Gatos denied an appeal and upheld the Planning Commission's decision; and WHEREAS, those conditions required the Developer to do the following: That prior to the delivery of said Map to the owners of said subdivision, and prior to its recordation, the owners or subdividers of said subdivision shall enter into and execute an agreement between the Town of Los Gatos and the said owners or subdividers on that certain proposed Subdivision Agreement on file in the Office of the Town Clerk, entitled, "Contract for the Improvement of Tract No. 8899 ", wherein the Owners or Subdividers in consideration of the approval of said Map by the Town and acceptance by the Town of the dedication of lands for public use therein contained, shall agree to construct and complete, within the time specified in said agreement, all street and other improvements required of Owners under the provisions in Chapter 27 of the Code of the Town of Los Gatos, and such other street, sewer, or other improvements designated or mentioned in said agreement and /or and as specified in the Plans and Specifications for Tract 8899. 2. That said Owners or Subdividers shall, before the release of said Final Map to Owners of Record, and as a condition precedent to the recordation thereof, furnish to the Town and file with the Town Clerk cash, or a good and sufficient bond in form to be approved by the Town Attorney, securing the faithful performance by said Owners or Subdividers of all work, and the construction of all improvements herein in this agreement mentioned, and within the time herein specified, the amount of cash or said bond to be One Hundred Seventy -one Thousand and 00 /100 Dollars ($171,000). That said Owners or Subdividers shall, before the release of said Final Map to Owners of Record, and as a condition precedent to the recordation thereof, furnish to the Town and file with the Town Clerk certificates or policies of public liability and property damage insurance in form satisfactory to the Town Attorney, providing public liability insurance in the amount of Five Hundred Thousand ($500,000.00) Dollars for each person, and One Million ($1,000,000.00) Dollars for each accident or occurrence, and property damage coverage of Two Hundred Thousand ($200,000.00) Dollars whereby the Town of Los Gatos, and in their capacity as such, its Council members, officers, boards, commissions, and its employees will be insured, indemnified, and held harmless from any and all claims of any kind or nature arising or resulting from the construction of said improvements or other work of subdividing within or outside the said subdivision, and/or arising or resulting from or concerning the doing or failing to do so by said Owners or Subdividers of all things required to be done in the above mentioned agreement between said Owners or Subdividers and the Town of Los Gatos. WHEREAS, the Developer has complied with the conditions of Project Application PRJ- 96 -42. NOW, THEREFORE, IT IS RESOLVED that the certain Final Map of Tract No. 8899 in the Town of Los Gatos, dated December 1996, and prepared by TS/Nowack, Consultants, for approval by the Town Engineer of the Town of Los Gatos, is hereby approved; the Mayor is hereby authorized to execute the agreement with the Developer; and all offers of land for public use therein made on said Map are hereby accepted. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 6`h day of January, 1997, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck, Mayor Joanne Benjamin NAYS: None ABSENT: None ABSTAIN: None SIGNED: i AYOR OF THE TOWN LOS GATOS LOS GATOS, CALIFORNI ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA