1991-096-Approving Final Map Of Tract No. 8400RESOLUTION 1991-96
RESOLUTION OF THE TOWN OF LOS GATOS APPROVING
FINAL MAP OF TRACT NO. 8400
(14615 SHANNON ROAD/HABIB SADEGHI-AZAR, ET AL.)
BE IT RESOLVED, that the certain Final Map of Tract No. 8400 in the Town of
Los Gatos, dated May 10, 1991, and prepared by Nowack and Associates Inc., for approval
by the Town Engineer of the Town of Los Gatos, is hereby approved, and all offers of land
for public use therein made on said Map are hereby accepted subject to the following
conditions:
1. 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. 8400", 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 8400.
2. 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 entitled, "Maintenance and Replacement Agreement: Sanitary Sewer
Pump Stations", the Santa Rosa Height Subdivision, a copy of which is attached
hereto wherein in consideration of the approval of said map by the Town said
Owners or Subdividers and certain of their successors in interest, shall agree to
maintain and replace sewer pump stations to serve Lots 12, 13, 14 and 15 of the
subdivision.
3. 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 Five Hundred Seven Thousand and No/100 Dollars.
3. 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.
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PASSED AND ADOPTED at a regular meeting of the Town Council held on 20th
day of May, 1991 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton
Eric D. Carlson, Mayor Brent N. Ventura
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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CONTRACT FOR THE IMPROVEMENT OF
TRACT NO. 8400
LOS GATOS, CALIFORNIA
CONTRACT NO.
OWN CLERK
11-tl1:.
REC:
This agreement, made and entered into, effective upon the last date this document is signed by the
parties hereto, by and between the TOWN OF LOS GATOS, a municipal corporation of the State of California,
hereinafter called "TOWN", and HABIB SADEGHI-AZAR AND SHOHREH HAGHPARAST (Husband and
wife), hereinafter called "SUBDIVIDER", whose principal place of business is 1310 Tournament Drive,
Hillsborough, California hereinafter called "OWNER").
WITNESSETH
WHEREAS, SUBDIVIDER is engaged in subdividing that certain tract of land known and designated
as Tract No. 8400, situated in the Town of Los Gatos, County of Santa Clara, State of California; and
WHEREAS, a Final Map of Tract No. 8400, hereinafter called "MAP", has been filed with the Town
Clerk of Los Gatos, for presentation to the Council for its approval, which map is incorporated herein by
reference; and
WHEREAS, SUBDIVIDER has requested approval of the MAP prior to the completion of
improvements of all streets, highways, or public ways and sewer facilities which are a part of or appurtenant to
the above -mentioned subdivision, including the necessary curbs, gutters, paving, catch basins, pipes, culverts,
storm drains, sanitary sewers, street lighting and street trees, street signs, including water system and fire hydrants
acceptable to San Jose Water Company and Santa Clara County Central Fire Protection District, all in
accordance with the plans and specifications for all or any of said improvements in or appurtenant to said
subdivision, which plans and specifications are now on file in the Office of the Town Engineer of said Town; the
plans and specifications are composed of:
Sheets numbered: 1 to 12 inclusive
Prepared by: Nowack and Associates, Inc. Civil Engineers/Planners
Entitled: Plan for the Improvement of Tract 8400, Santa Rosa Heights
Dated: May, 1991
hereinafter referred to as "PLANS"; and
WHEREAS, the Town Council of said Town did, on the 6th day of August, 1990, adopt a Resolution
approving the MAP and accepting the dedications therein offered, subject to and on condition that the
SUBDIVIDER first enter into and execute this Agreement with the Town of Los Gatos, and provide the Town
with such security for performance and insurance and all other things as required by this Agreement and by the
Resolution;
NOW, THEREFORE, in order to insure satisfactory performance by SUBDIVIDER of these
obligations, and in consideration of the approval of the MAP, the parties hereto do hereby agree as follows:
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1. That SUBDIVIDER shall construct all of the improvements and do all the work hereinabove or
hereinafter mentioned, all in accordance with and to the extent and as provided in the Plans and in
compliance with all Town Ordinances and the laws of the State of California, and shall complete the
same within two (2) years from the date of this Agreement.
2. That SUBDIVIDER shall, before the release of the MAP by Town, for filing for record and as a
condition precedent to the recordation thereof, furnish to the Town and file with the Town Clerk cash,
an instrument of credit, or a bond as provided by the Subdivision Act, in a form approved by the Town
Attorney, securing performance by SUBDIVIDER of all work shown on the Plans, and completion
within the agreed time. The amount of cash, instrument of credit or bond shall be Five Hundred Seven
Thousand Dollars ($507,000). It is further agreed that after final acceptance of the work, ten (10%)
percent of the bond or cash shall remain in effect to guarantee the repair and replacement of defective
materials and workmanship, furnished or done by the SUBDIVIDER discovered within one (1) year
after final acceptance of the Subdivision
3. SUBDIVIDER shall, before release of the MAP by the Town, and as a condition precedent to its
recordation, also furnish the Town and file with the Town Clerk cash, an instrument of credit, or a
good and sufficient bond in form approved by the Town Attorney, securing payment to the Contractor,
Subcontractors, and to persons renting equipment or furnishing labor or materials to them for the
improvements, the amount of additional cash, instrument of credit, or bond to be Five Hundred Seven
Thousand Dollars ($507,000).
4. That SUBDIVIDER does expressly agree to indemnify and hold harmless the Town and in their capacity
as such, its Councihnembers, officers, boards, commissions, and its employees, from any and all loss or
damage, and from any and all liability for any and all toss or damage, and from any and all suits, actions
or claims filed or brought by any or all persons or person because of or resulting from the doing by
SUBDIVIDER of any and all things required of SUBDIVIDER by this Agreement, or because of or
arising or resulting from the failure or omission by SUBDIVIDER to do any and all things necessary
to and required by this Contract or by law, or arising or resulting from the negligent doing by
SUBDIVIDER, SUBDIVIDER'S agents, employees or subcontractors of any and all things required
to be done by this Contract, or arising or resulting from any dangerous or defective condition arising
or resulting from any of the above said acts or omissions of SUBDIVIDER, SUBDIVIDER'S agents
or employees.
5. That SUBDIVIDER shall, before the release of MAP by Town 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 a form satisfactory to the Town Attorney providing public
liability insurance in the amounts of Five Hundred Thousand Dollars ($500,000) for each person and
One Million Dollars ($1,000,000) for each accident or occurrence, and a property damage coverage of
Two Hundred Thousand Dollars ($200,000), whereby the Town of Los Gatos and in their capacity as
such, its Councilmembers, officers, boards, commissions and its employees are shown as additional
C8\AGREEMEN\AZAR.CRT 2
insureds and 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 improvement or other work of subdividing within
or outside the Tract and/or arising or resulting from or concerning the doing or failing to do by said
SUBDIVIDER of all things required to be done by this Agreement between SUBDIVIDER and the
Town. Either policies or certificates of insurance required by Part 4 shall contain at least a 30-day notice
of cancellation provision.
6. That if performance of this Agreement should be delayed without fault of the SUBDIVIDER, the time
for the construction of same may be extended by the Town Council for such period of time as is
reasonable.
7. That the SUBDIVIDER expressly agrees, at the SUBDIVIDER'scost and expense, to provide adequate
drainage within the aforementioned Tract No. 8400 and construct storm drainage discharge facilities into
the creek course north of Shannon Road.
8. The SUBDIVIDER shall pay (or has heretofore paid) to the Town storm drainage fees pursuant to
the provisions of Chapter 27 of the Los Gatos Town Code, in the total amount of Forty Thousand Four
Hundred Forty-six Dollars ($40,446), calculated at the rate of $1,800 per acre for the area within the
boundaries of Tract No. 8400. The cost, as estimated by the Town Engineer, of storm drainage
improvements installed as a part of the public improvements for said tract, required pursuant to this
Agreement, shall be subtracted from the total storm drainage fees stated in this Part 7. If the estimated
cost of storm drainage improvements in exceeds the calculated storm drainage fees, there shall be no
payment or credit to the Developer on account of the excess.
9. SUBDIVIDER shall pay to (or has heretofore paid) the Town the sum of Thirty Five Thousand Seven
Hundred Seventy Dollars ($35,770) to defray the costs incurred by the Town in reviewing and checking
the MAP for Tract No. 8400, the Plans and Specifications, and inspecting the construction of the
improvements within said Tract.
MAYOR
ATTEST:
TOWN OF LOS GATOS
DATE: �/ / ,3 /9/
DATE:
C8\AGREEMEN\AZAR.CRT 3
APPROVED AS TO FORM:
OWI$ ATTORNEY
SUBDIVIDER
HABIB S
- OWNER
a
SHO H •G`a'e-' •STI. _' R
DATE:
(77
DATE: (/&j/ 9/
DATE: '5 — 6- 91
DATE: / h/ 7/
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