1982-094-Authorizing Agreement Designating Developer Participation On Town Of Los Gatos Parking Los No. 4ARESOLUTION No. 1982 -94
RESOLUTION AUTHORIZING AGREEMENT DESIGNATING DEVELOPER PARTICIPATION
IN TOWN OF LOS GATOS PARKING LOT NO. 4A
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 "AGREEMENT DESIGNATING PARTICIPATION IN TOWN OF LOS GATOS
PARKING LOT NO. 4A with KUMIKO IWASAWA VADAS, a copy of which is attached
hereto, and that the Mayor is authorized, and he is hereby directed, to execute
said agreement in the name and in behalf of the TOWN OF LOS GATOS.
FURTHER RESOLVED, that the Town Clerk is hereby directed to record said
agreement with the County Recorder of Santa Clara County.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos held on 3rd day of May , 1982 by
the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Marlyn J. Rasmussen and
Peter W. Siemens
NOES: COUNCIL MEMBERS Thomas J. Ferrito and Brent 11. Ventura
ABSTAIN: COUNCIL MEMBERS .None
ABSENT: COUNCIL MEMBERS_ .None
SIGNED
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
J
CLERK'OF THE TOWN OF LOS G -OS
I I I
RECORDING REQUESTED BYe
TOWN OF LOS GATOS
WHEN RECORDED MAIL TO:
TOWN CLERK
TOWN OF LOS GATOS
P.O. 94:1
LOS GATOS, CALIFORNIA 950311,
NO FEE: G= CODE SEC. 6103
NSA _101/
AGREEMENT DESIGNATING DEVELOPER PARTICIPATION
IN TOWN OF LOS GATOS PIOXINC LOT .0. 4A
I . - 111 - 1
7395L)o e,
5 goft)
'T top
IY f
This agreement is made and entered into May 3rd ig 82
between the TPON OF LOS GATOS, hereinafter called nTOWN", a city. and KUMIRO
IWASAWA VADAS, an individual, hereinafter called "DEVELOPER ", whose place of
business is P.O. Box 1660, Los Gatos, California, and is made with reference to
the following facts:
The DEVELOPER in Proceeding No. 5 -81-69 has sought permission from the TOWN
under the provisions of the Town Zoning Ordinance to change the use of land in
the Town. The land is located at 103 University Avenue. The Town Planning
Commission has granted the Permission, on finding that approval of the
development proposal is proper if the obligations referred to in this agreement
are met by the DEVELOPER.
Said approval was granted upon condition that certain parking area and
related improvements be installed in connection with the development, and it is
the intent fro 77
of this agreement to provide for the installation of said
improvements.
THE PARTIES AGREE as follows�
1. The TOWN shall, at its expense, prepare plans and specifications for I
the construction of Downtown Parking Lot Ncs. 4A and 4B and requisite Off-site
fi
storm drainage improvements. Parking Lot No. 4A is located between Elm Street Cans,,
and Grays Lane. Parking Lot 4B is located between Grays Lane and Royce Street,
2. The TOWN shall advertise for sealed competitive bids for the work and
shall award a contract to the lowest responsible bidder.
3. The DEVELOPERS share of the cost of the construction of Downtown
Parking Lot Nns. 4A and 4B and off-site storm drainage improvements shall be
apportioned as follows: the DEVELOPER is responsible for the construction of
five (5) fully developed parking spaces of the total of one hundred and thirty
six proposed to be constructed.
4. within thirty (30) days of approval of this agreement by the Town
Council, the DEVELOPER stall Pay to TOWN the sum Of two-thousand two hundred
and 00/100 ($ 2,200.00) dollars, which is the amount presently estimated by
TOWN to be twenty-five (25%) Per cent of the total cost of the Portion of the
project which is the DEVELOPER'S responsibility.
5. Within 10 days of the award Of the construction contract for Downtown
Parking Lot Nos 4A and Q and off-site storm drainage imProvements, the
DEVELOPER agrees to submit a cash payment to the TOWN in the amount of 3.681 of
the bid amount minus $ 2,200.00 Previously paid as set forth in paragraph 4 of
this agreement.
6. The TOWN Shall complete the construction of said improvements within
five years from the date of execution of this agreement.
7. As used in this agreement the term "total cost' shall mean the total
Of all costs incurred and expenditures made by TOWN in connection with
constructing the above described project, including but not limited to
construction inspection, cost of the construction, cost Of extra work
authorized by TOWN, and cost Of all materials not included in the contract
price.
B. Upon completion of said project, TOWN shall submit to the DEVELOPER a
final accounting of the total construction costs of said project, In the event
this final accounting shows that the sum advanced to TOWN is less than the
percentages stated above in paragraph 5, the DEVELOPER shall pay TOWN the
difference within sixty (60) days from the receipt of said final accounting.
However, in the event this final accounting shows that the sum advanced to TOWN
is more than the Percentage stated above in Paragraph 5, TOWN shall return the
difference to the DEVELOPER within sixty days.
9. TOWN shall keep, maintain and render available for inspection by the
DEVELOPER or authorized representatives, records and books which will provide a
complete and accurate account of all costs, fees and expenditures made by TOWN
for construction of costs of said project.
10. This agreement shall terminate five years from the date of execution
of this agreement by TOWN, if TOWN has not awarded a contract for construction
of the above described project prior to that date. In the event of such a
termination, TOWN shall refund to the DEVELOPER all sums paid under paragraph 4
of this agreement.
-2-
RESOLUTION NO. 1982 -94
RESOLUTION AUTHORIZING AGREEMENT DESIGNATING DEVELOPER PARTICIPATION
IN TOWN OF LOS GATOS PARKING LOT NO. 4A
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 "AGREEMENT DESIGNATING PARTICIPATION IN TOWN OF LOS GATOS
PARKING LOT NO. 4A with KUMIKO IWASAWA VADAS, a copy of which is attached
hereto, and that the Mayor is authorized, and he is hereby directed, to execute
said agreement in the name and in behalf of the TOWN OF LOS GATOS.
FURTHER RESOLVED, that the Town Clerk is hereby directed to record said
agreement with the County Recorder of Santa Clara County.
PASSED AND ADOPTED at a rfL lar meeting of the Town Council of the
Town of Los Gatos held on 3rd day of Mav , 1482 by
the following vote:
AYES: COUNCIL MEMBERS. Ruth Cannon, Mar Lyn J. .Rasmussen and
Peter W. Siemens
NOES: COUNCIL MEMBERS .Thomas J. Ferri-to and Brent N. Ventura.
ABSTAIN: COUNCIL MEMBERS .None
ABSENT: COUNCIL MEMBERS ..None
SIGNED
THE TOWN OF LOS GATOS
ATTEST;
CLERK'OF THE TOWN OF LOS GA OS
RECORDING REOUESTED BY:
TOONT OF LDS GATOS
WHEN RECORDED MAIL TO
COWIN' -CLERK
TOWN OF LOS GATOS
P.D. 949
LOS GATOS, CALIFORNIA 95031
NO FEE: GOVH CODE SEC. 6103
AGREFM-ENT DESIGNATING DE's7=PER PART!CTPATTON
IN. TOWN OF LOS GATOS PARKING LOT Nja 4A
u6r�
e.
M
T h 4 s
agreement is made and entered into May 3rd 1 "9 82
between the TOWN OF LOS GATOS, he-,&-inafter cal , led "TOWV', a city, and KUMIRO
IWASAW'A VADAS, an individual, hereinafter c&jjed "DEVELOPER', whose place c°
business is P.O. Box 1660, Los Gatos, California, and is made with reference to
the following facts:
The MVELOPER in Proceeding No. S-81-69 has sought permission from he TOWN
under the Provisions of the Town Zoning Ordinance to chance the use of land in
the Town. The land is located at 103 University Avenue. The Town Planning
Commission has granted the Permission, on finding that approval of the
development proposal is proper if the obligations referred to in this agreement
are met by the D::,v`ELOPrR.
Said approval was granted upon condition that certain parking area and
related improvements be installed in connection with the development, and it Js
the intent of this agreement to crovide for the installation of said
improvements.
THE PARTIES AGREE as follows:
1. The TOWN shall, at its expense, prepare plans and sPecilfications for
the construction of Downtown Parking Lot Nos. 4A and 4: and requisite off-site E;
fW
storm drainage improvements. Parking Lot No. 4A is located between Elm Street
and Grays Lane. Parking Lot 4E is located between Grays Lane and Payee Street.
The E01Ah shall advertise for sealed competitive bids for the work and
shall award a contract to the lowest responsible bidder.
3. The DEVELOPERS share of the cost of the construction of Downtown
Parking Lot Nos. 4A and 4E and off-site storm drainage improvements shall be
apportioned as follows: the DEVELOPER is responsible for the construction of
five (5) fully developed parking spaces of the total of one hundred and thirty
six proposed to be constructed.
4. Within thirty (30) days Of approval of this agreement by the Town
Council, the DEVELOPER shall pay to TOWN the sum of two-thousand two hundred
and 00/100 ($ 2,200.00) dollars, which is the amount Presently estimated by
TOWN to be twenty-five (25%) Per cent of the total cost of the Portion of the
project which is the DEVELOPER'S responsibility.
5. Within 10 days of the award of the construction contract for Downtown
Parking Lot Nos 4A and Q and off-site storm drainage improvements, the
DEVELOPER agrees to submit a cash Payment to the TOWN in the amount of 3.681 of
the bid amount minus $ 2,200.00
previously paid as set forth in paragraph 4 of
this agreement.
6. The TOWN shall complete the construction of said improvements within
five years from the date of execution of this agreement.
7. As used in this agreement the term "total cost' shall mean the total
of all Costs incurred and expenditures made by TOWN in connection with
constructing the above described Project, including but not limited to
construction inspection, cost of the construction, cost Of extra work
authorized by TOWN, and cost Of all materials not included in the contract
price.
8. Upon completion of said Project, TOWN shall submit to the DEVELOPER a
final accounting of the total construction costs of said Project. In the event
this final accounting shows that the sum advanced to TOWN is less than the
percentages stated above in paragraph 5, the DEVELOPER shall pay TOWN the
difference within sixty (60) days from the receipt of said final accounting.
However, in the event this final accounting shows that the sum advanced to TOWN
is more than the Percentage stated above in Paragraph 5, TOWN shall return the
difference to the DEVELOPER within sixty days.
9. TOWN shall keep, maintain and render available for inspection by the
DEVELOPER or authorized representatives, records and books which will provide a
complete and accurate account of all costs, fees and expenditures made by TOWN
for construction of costs of said project.
10. This agreement shall terminate five Years from the date of execution
of this agreement by TOWN, if TOWN has not awarded a contract for construction
of the above described project prior to that date. In the event of such a
termination, TOWN shall refund to the DEVELOPER all sums paid under paragraph 4
of this agreement.
I=N
11. in the event of litigation to enforce the terms of this agreement, the
prevailing party shall have its costs and reasonable attorneyts fees and
expenses, Interest on the total amount of any money damages, liquidated or
unliquidated at the time of filing of such action, will run from the date of
filing at the Yearly rate of eighteen USP percent.
12. This Agreement runs with the land and is binding on the DEVELOPER and
his succesors in interest.
RECOMMENDED
BY:
/JAMES F. VAN
HOUTEN
Director of
Public Works
TOWN OF LOS GATOS
TOWN,
VADAS
ELKO INAEAWA
DEVELOPER
NOTARY ACKNOWLEDGEMONOS REQUIRED
-3-
RESOLUTION NO. 1982 -94
RESOLUTION AUTHORIZING AGREEMENT DESIGNATING DEVELOPER PARTICIPATION
IN TOWN OF LOS GATOS PARKING LOT NO. 4A
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 "AGREEMENT DESIGNATING PARTICIPATION IN TOWN OF LOS GATOS
PARKING LOT NO. 4A with KUMIKO IWASAWA VADAS, a copy of which is attached
hereto, and that the Mayor is authorized, and he is hereby directed, to execute
said agreement in the name and in behalf of the TOWN OF LOS GATOS.
FURTHER RESOLVED, that the Town Clerk is hereby directed to record said
agreement with the County Recorder of Santa Clara County.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos held on 3rd day of _ Lq , 1982 by
the following vote:
AYES; COUNCIL MEMBERS Ruth Cannon, MarLyn J. Rasmussen and
Peter W. Siemens
NOES: COUNCIL MEMBERS Thomas J. Ferrito and Brent N. Ventura..
ABSTAIN:
COUNCIL
MEMBERS
None
ABSENT:
COUNCIL
MEMBERS.
.None
a
S
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOS Gji"OS
U
RECORDING REQUESTED BY:
TOWN OF LOS GATOS
WHEN RECORDED MAIL TO:
TOWN CLERK
TOWN OF LOS GATOS
P.O. 949
LOS GATOS, CALIFORNIA 95031
NO FEES G= CODE SRC. 6103
Ns, aq
AGREEMENT DESIGNATING DEVELOPER PARTICIPATION
IN TOWN OF LOS GATOS PARKING LOT Na. 4A
"IND
,MA Gi
UM
N
This agreement is made and entered into ig 82
____tj�3rd
between the TOWN OF LOS GA OS, hereinafter called �TOWN", a city, KUMIKO
and
!WASAWA VADAS, an individual, hereinafter called "DEVELOPER', whose place of
business is P.O. Box 1660, Los Gatos, California, and is made with reference to
the following facts:
The DEVELOPER in Proceeding No. S-81-69 has sought permission from the TOWN
under the provisions of the Town Zoning Ordinance to change the use of land in
the Town. The land is located at 103 University Avenue. The Town Planning
Commission has granted the permission, on finding that approval of the
development proposal is proper if the obligations referred to in this agreement
are met by the DEVELOPER.
Said approval was granted upon condition that certain parking area and
related improvements be installed in connection with the development, and it
the intent of this agreement to provide for the installation of said
improvements.
THE PARTIES AGREE as follows:
i. The TOWN shall, at its expense, prepare plans and specifications for
the construction of Downtown Parking Lot Nos. 4A and 4B and requisite off-site
storm drainage improvements. Parking Lot No. 4A is located between Elm Street
and Grays Lane, Parking Lot 4B is located between Grays Lane and Royce Street.
G. The TOWN shall advertise for sealed competitive bids for the work and
Shall. award a contract to the lowest responsible bidder.
3. The DEVELOPERS share of the cost of the construction of Downtown
Parking Lot Nos. 4A and 4B and off-site storm drainage improvements shall be
apportioned as follows: the DEVELOPER is responsible for the construction of
five (5) fully developed parking spaces of the total of one hundred and thirty
six proposed to be constructed.
4. Within thirty (30) days of approval of this agreement by the Town
COuuCil, the DEVELOPER shall', pay to TOWN the sum of two-thousand two hundred
and 00/100 ($ 2,200.00) dollars, which is the amount presently estimated by
TOWN, to be twenty-five (25%) per cent of the total cost of the portion of the
protect which is the !DEVELOPER'S responsibility.
5. Within 10 days of the award of the construction contract for Downtown
Parking Lot Nos 4A and 45 and off-site storm drainage improvements, the
DEVELOPER agrees to submit a -ash pal,mert to the TOWN in the amount of 3.68% of
the bid amount minus $ 2,200.00 previously paid as set forth in Paragraph 4 of
this agreement.
6. The TO6M shall complete the construction of said improvements within
five years from the date of execution of this agreement.
7. As used in this agreement the term "total cost' shall mean the total
of all costs incurred and expenditures made by -TOWN in connection with
constructing the above described Project, including but not limited to
construction inspection, cost of the construction, cost of extra work
authorized by TOWN, and cost all all materials not included in the contract
price.
B. Upon completion of said Project, TOWN shall submit to the DEVELOPER a.
final accounting of the total construction costs of said project. In the event
this fine'- accounting shows that the sum advanced to -TOWN is less than the
percentages stated above in paragraph 5, the DEVELOPER shall pay TOWN the
difference within sixty (M days from the receipt of said final accounting.
However, in the event this final accounting shows that the sum advanced to TOWN
is more than the percentage stated above in paragraph 5, TOWN shall return the
difference to the DEVELOPER within sixty days.
9. TOWN shall keep, maintain and render available for inspection by the
DEVELOPER or authorized representatives, records and books which will provide a
complete and accurate account of all costs, fees and expenditures made by TOWN
for construction of costs of said Project.
10. This agreement shall terminate five years from the date of execution
of this agreement by TOWN, if TOWN has not awarded a contract for construction
of the above described Project Prior to that date. In the event of such a
termination, TOWN shall refund to the DEVELOPER all sums Paid under paragraph 4
of this agreement.
-2-
11. in the event of litigation to enforce the terms of this agreement, the
Prevailing party shall have its costs
expenses. Interest on the total amou
unliquidated at the time of filing of
filing at the yearly rate of eighteen
12. This Agreement runs with the
his succesors in interest.
RECOKMENDED BY,
JAMES E, VAN HOUTEN
Director of Public Works
and reasonable attorney's fees and
it Of any money damages, liquidated or
such action, will run from the date of
(18%) percent.
land and is binding on the DEVELOPER and
TOWN OF LOS GATOS
rt
MAYOR
TOWN
6 Cf,
t�n:a
KUMIKO IWASAWA VADAS
DEVELOPER
NOTARY ACKNOWLEDCEMONTS REQUIRED
-3-